Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “2” of the Verified Complaint.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “9” of the Verified Complaint.

The claims alleged in the Verified Complaint fail to state any grounds upon which relief can or should be granted by this court against the Answering Defendant.

At all times relevant hereto, the Answering Defendant did not act in a negligent, reckless, or careless manner or in violation of any statute or applicable law.

Answering Defendant reserves the right to assert additional affirmative defenses as warranted based on the results of further investigation and discovery in this matter.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “16” of the Verified Complaint, and respectfully refer all issues of law to the Court.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “17” of the Verified Complaint, and respectfully refer all issues of law to the Court.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “18” of the Verified Complaint, and respectfully refer all issues of law to the Court.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “20” of the Verified Complaint, and respectfully refer all issues of law to the Court.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “21” of the Verified Complaint, and respectfully refer all issues of law to the Court.

On or about May 21, 2019 while the plaintiff was performing demolition and construction work at the subject premises and job site known as the Meadowbrook Apartments in Corning, New York, he was caused to fall when the staircase he was traversing detached and collapsed.

Defendant ZIFF LAW FIRM, L.L.P. failed to timely commence a civil lawsuit on behalf of the plaintiff with regard to the trip and fall accident of May 21, 2019 as against the owner of the premises and the construction site.

From May 22, 2022 to the present, defendants knew that plaintiff’s loss of any chance to maintain a claim against the owner of the premises and/or other necessary parties involved was a direct consequence of defendant’s negligence and malpractice in the handling of plaintiff’s personal injury case.

As a result of the negligence and failure of the defendant to commence suit within the time required by law, plaintiff has been precluded from seeking compensation from, the owner of the premises and/or other necessary and culpable parties responsible for plaintiff’s injuries.

WHEREFORE, plaintiff demands judgment against defendant ZIFF LAW FIRM, L.L.P. in an amount that exceeds the jurisdictional limits of all lower courts, together with the costs and disbursements and interest from May 22, 2022.

PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination, of the Plaintiff, ANDREW WESLEY, will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, on May 19, 2025, at 10:00 in the forenoon of that day, or at a mutually agreed upon time and location, at the Chemung County Courthouse located at 203-205 Lake Street, Hazlett Building, Elmira, New York 14901 with respect to evidence and material necessary in the defense of this action.

PLEASE TAKE FURTHER NOTICE that said parties are to be examined upon all evidence material and necessary in the defense of this action, and are required to produce at the deposition all papers, documents, records, memoranda, correspondence, bills, statements and any other materials relevant to this action which are in their possession, care, custody and control.

PLEASE TAKE FURTHER NOTICE that said examinations will continue day-to-day until completed.

Dated: Hawthorne, New York February 25, 2025

Andrew Wesely Plaintiff(s): Defendant(s): Ziff Law Firm, L.L.P; et al Index No.2025-5090 Date Filed:01/27/2025 Chad Butler, the undersigned, affirm that I was at the time of service over the age of eighteen and not a party to this action.

On 02/11/2025 at 9:06 AM, I served the Summons and Verified Complaint; Attorney's Verification on Ziff Law Firm, L.L.P at 303 William Street, Elmira, NY 14902 in the manner indicated below: CORPORATE SERVICE: By delivering a true copy of said documents to Karen Wheadon, Paralegal, Authorized Agent.

The undersigned asked the recipient if he/she is authorized to accept service on behalf of Ziff Law Firm, L.L.P and received an affirmative reply.

A description of Karen Wheadon, Paralegal, based on the undersigned's perception, is as follows: Gender: Female Race: White Color of hair: Brown Age: 49 Height: 5ft 9in - 6ft 0in Weight: 161-200 lbs.

I affirm on/d/____________________________, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.

Plaintiff(s): Defendant(s): Andrew Wesely Ziff Law Firm, L.L.P; et al Index No.: 2025-5090 Date Filed:01/27/2025 Chad Butler, the undersigned, affirm that I was at the time of service over the age of eighteen and not a party to this action.

On 02/11/2025 at 9:50 AM, I served the Summons and Verified Complaint; Attorney's Verification to Adam Michael Gee, Esq. D/B/A The Law Office of Adam M. Gee at 2854 Westinghouse Road, Horseheads, NY 14845 in the manner indicated below: SUITABLE AGE PERSON: By delivering a true copy of said documents to Pamela Nowlan, Secretary, Authorized Agent, a person of suitable age and discretion.

A description of Pamela Nowlan, Secretary, based on the undersigned's perception, is as follows: Gender: Female Race: White Color of hair: Brown Age: 55 Height: 5ft 0in - 5ft 3in Weight: 100-130 lbs.

The undersigned asked whether Adam Michael Gee, Esq. D/B/A The Law Office of Adam M. Gee was active duty military or if they are financially dependent on anyone active duty military and received a negative reply.

The documents were enclosed in a 1st Class postpaid properly addressed envelope not indicating that the mailing was from an attorney or concerned legal action and marked "Personal and Confidential" in an official depository under the exclusive care and custody of the United States Post Office.

in the Firm who are authorized users of the NYSCEFsystem hereby represent that the attorneys authorize PMLEGAL his/her ("the to utilize agent") filing NYSCEFfiling ID to file documents on their behalf and at agent direction in any e-filed their matter in which they are counsel of record through NYSCEF,as provided in Section 202.5-b of the Uniform Rules for the Trial Courts.

in which these attorneys have extends to any consensual matter This authorization or mayhereafter consented to e-filing in which to any mandatory matter consent, previously and to any matter they have recorded their in which they authorize the filing representation, in the NYSCEFsystem.

agent to record consent or representation This authorization generate and extends to any and all documents these attorneys submit posted once on the agent for in any such matter.

agent maymake also extends to matters of payment, which the filing This authorization either by debiting an account agent maintains with the County Clerk of any authorized the filing an account the Firm maintains with the County Clerk of any county or by debiting e-filing authorized county.

e-filing This authorization authorization in writing this regarding on a prescribed the Firm revokes the agent shall continue until filing to the E-Filing Resource Center.