That on or about April 17, 2014, at the construction site at the aforementioned premises, as a result of the recklessness, carelessness and negligence of the Defendant SOUTH BRONX, its officials, agents, servants and/or employees in the ownership, operation, construction, control, repair, development, maintenance, supervision and management of the aforementioned premises and their violation of the Labor Laws of the State of New York, §200, §240(1) and §241(6), as well as applicable OSHA rules and regulations, the Plaintiff, EDWIN LOPÉZ, sustained extensive, serious, grave and permanent injuries as a result of being struck by a falling object or objects while performing his job duties at the aforementioned construction site.

That on or about April 17, 2014, at the construction site at the aforementioned premises, as a result of the recklessness, carelessness and negligence of the Defendant MONTEC, its officials, agents, servants and/or employees in the operation, design, construction, control, repair, development, maintenance, supervision and management of the aforementioned premises and their violation of the Labor Laws of the State of New York, §200, §240(1) and §241(6), as well as applicable OSHA rules and regulations, the Plaintiff, EDWIN LOPÉZ, sustained extensive, serious, grave and permanent injuries as a result of being struck by a falling object or objects while performing his job duties at the aforementioned construction site.

That on or about April 17, 2014, at the construction site at the aforementioned premises, as a result of the recklessness, carelessness and negligence of the Defendant METAL MEN, its officials, agents, servants and/or employees in the ownership, operation, construction, control, repair, development, maintenance, supervision and management of the aforementioned premises and their violation of the Labor Laws of the State of New York, §200, §240(1) and §241(6), as well as applicable OSHA rules and regulations, the Plaintiff, EDWIN LOPÉZ, sustained extensive, serious, grave and permanent injuries as a result of being struck by a falling object or objects while performing his job duties at the aforementioned construction site.

Affirmant is a senior partner at the law firm of GINARTE, O’DWYER, GONZALEZ, GALLARDO VERCHICK & WINOGRAD, LLP, attorneys of record for the plaintiff in the within action.

hereby Dated: Attorney(s) for Sir: □ Please take notice that the within is a (certified) true copy of a duly entered in the Office of the Clerk of the within named Court on

It is undisputed that at the time of the accident plaintiff's work activities were entirely related to the charter school construction project that was in progress on the day of the engaged Labor Law.

It is inefutable that South Bronx, as the fee owner of the subject premises would be the responsible party for providing proper safety protection to workers on the project under the Labor Law.

Moreover, "the single decisive question" is whether here, as in Wilinski, the plaintiff s injuries were the direct consequence of a failure to provide adequate protection against a risk arising elevation differential.

104 A.D.3d 576, 961 N.Y.S.2d (13t Dept., 2013)(Absence of proper protection required the statute shown where the plaintiff was hit by by a pipe that fell 85 to feet as a result of a gap in a toe board).

); Henningham Highbridge Community Housing Development Funding Corporation, supra (Where plaintiff was injured by a falling cinder block after he unclogged a debris chute.)

FILED: KINGS COUNTY CLERK 11m2015 04:55 P

485 Lexington Avenue _ 7th Floor New York, New York 10017—3107 Attention: Richard H. Petersen, Esq.

Re: Lopez v. Signature, et a1 Our Fiie No.: 900361 Dear Counselors: Please be advised that the deposition of the plaintiff, previously scheduled for June 30, 2015, has been rescheduled to October 30, 2015.

Should any of the parties wish to propose an alternate date, please contact the office of the undersigned immediately upon receipt of this letter.

Otherwise, we will assume that this date is amenable to all parties and NO FURTHER ADJOURNMENTS WILL BE GRANTED.