08/26/2024 P NeLEON RUCHELSMAnnsticotneca.no.__@ ( At a Note of Issue Final Conference Part of the Supreme Court of the State of New York, held in and for the County of Kings.

at the Courthouse located at 360 Adams Street, Brooklyn.

Defendant(s) eeBeeeeeeeeeee x Plaintiff must file Note of Issue on or before 3/1 4/2 025 Failure to timely file the Note of Issue will result in this matter being placed upon a disposition calendar after the Note of Issuc due date and mayalso result in this action being dismissed based on want of prosecution, pursuant to CPLR §3216.

&5 See the part rules before altering any dates herein; nO 22 The terms of this order supercede the provisions of all prior orders; Pursuant to CPLR 3126, failure to strictly comply with this FINAL ORDER may result inan fo ne appropriate sanction upon further motion for same.

Attomey Firm WilsonElser __by s/sfAnthonyJ.BragaglicJ, Bragaglia for Defendant(s}KamcoSupplyCorp.” - eeeee eeee Attomcy Firm by for Defendant(s) Updated 6-8-2023; S.A.Rossini, Esq, DCCA.

Plaintiff alleges that the Architects’ “failure to prepare sufficient and proper designs, plans, specifications, bids, drawings and/or instructions, coupled with Defendant Savin’s failure to properly review the project plans/ specifications and supervise and manage the Ridge Street School Project, and Defendant Niram’s failure to properly conduct the construction work and provide sufficient manpower ... resulted in numerous change, causing the Project to go overbudget in excess of 6 million dollars, costing Plaintiff, and its residents, more money, an additional Bond vote, and a delay of no less than 917 days beyond the originally anticipated substantial completion date.” Based on these allegations, plaintiff seeks “compensatory and punitive damages for breach of contract and for its numerous acts of negligence including professional negligence.”

Plaintiff argues that the claims are not duplicative because “the Complaint alleges that, as a result of KHA’s design errors and omissions, the Project failed inspections for safety and code violations.

As in Dormitory Authority, so here too, “the negligence allegations in the complaint are ... merely a restatement, albeit in slightly different language, of the ‘implied’ contractual obligations asserted in the cause of action for breach of contract.

Indeed, according to the complaint, there was no abrupt cataclysmic occurrence at all; the only harm alleged here is failed inspections and school closures, which, in any event, are damages that “appear to have been within the contemplation of the parties under the contract — and, indeed, as set forth above, are identical for both claims.

Although plaintiff attempts to craft an independent cause of action by framing this one as involving the “improper approval of change orders and allowances,” the reality is that these allegations arise out of the parties’ contract.

Plaintiff must file Note of Issue on or befom Failuretotimely filetheNmeoflssuewill multinthismmerbc'mgphoedupon adispositioncalcndarnficrflieNow of Issue due dneand may also result inmisaction being dimissedbued on want ofptosecution, pursuantto CPLR §3216.

The terms of this order supersede the provisions of all prior qrden.

Pursuant to CPLR §3126, failure to strictly comply with this final order, will result h preclusion, the striking of a pleading and/or sanctions as may be appropriate.

Sofie Nakkach *— See the part rules before altering any dates herein; The terms of this order supercede the provisions of all prior orders; Pursuant to CPLR 3126, failure to strictly comply with this FINAL ORDER may result in an appropriate sanction upon further motion for same.

KAMCO SUPPLY CORP., et al. 500462/2023 10/31/24 11/22/24 12/2/24 1/31/25 3/14/25 Plaintiff to respond to all outstanding discovery requests within twenty (20) days of entry of this Order.

In accordance with CPLR 3104 and the Civil Case Management Rules of this Court, and pursuant to the Compliance Conference held before me on June 17, 2024 by virtual conference, I recommend that the Court confirm the following Report: Appearances: For Plaintiff: Michael Khader, Esq. For Defendants: John Comiskey, Esq. – Restani

On consent, Plaintiff shall serve the DMV hearing transcript and accident investigation report on all Defendants by July 5, 2024.

Any failure to comply strictly with the terms hereof shall be grounds for the striking of pleadings or other relief pursuant to CPLR 3126.

The foregoing constitutes the Report of the Court Attorney-Referee: Dated: White Plains, New York June 17, 2024

IT IS HEREBY ORDERED that Court Attorney Referee B. Michael Wright is duly appointed to hear and report on all discovery issues in this action.

-egbinsi- 96 W ENVELOPMENT LLC, si at FINAL F8E-N&TM ORf>ES V2b~2t>25 Plaintiff most file Note of Issue on or bcftxe Failure10 timely file the Note of Issue will result in ibis mutter being placed upon % disposition cateotfwafter the Note of Issue due due md may *bo result in this Krian being dt^niued bused «t w#r*rof prca«*t*jc»>, pursuant to CPLR JJ216 to be held CVO/B: September 13- 2024 Deposition of pisinlifflf*).

Esq. foi DetcnduuL All Phase Teeing, Inc. Lav.1 Office of Jonathan t Cnala by tonallmn F.. Coals, F.sq.

Milber Ivlakris PlausadiS St Seiden , l,LF 6j' ftyan Baa], Fleisdiiiir t*oiasl', L]_ PtJy Deanna F- Hassen, ES4.

T]iis additional tilf inspection shall hr a r.nmplfh* tiff inipprpor, nf Pla i n Hfif < pmpprty, but not limited to the hill interior, exterior, and roof of each and every tenant space (if applicable), as well as other "areas that Plaintiff claims weFedamagcd.

Responses to any and all open discovery demands raised by any parties, as indicated in the paragraph above, shall be served by August 2, 2024.

KHA’s position, as set forth in Joint Letter Submitted in Advance of the Preliminary Conference, May 1, 2024 (NYSCEF-Doc-23) is as follows: KHA denies all allegations of wrongdoing.

Savin’s position as set forth in the Joint Letter Submitted in Advance of the Preliminary Conference, May 1, 2024 (NYSCEF Doc. No. 23) as follows: Savin denies all allegations of wrongdoing asserted against it by the District.

This limit applies to consolidated actions as well; (b) Unless otherwise ordered by the court, interrogatories are limited to the following topics: name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary documentation, including pertinent insurance agreements, and other physical evidence.

The Rule is intended to promote a more efficient process for deposition of entity representatives and reduce the likelihood of a mismatch between the information sought and the witness produced.

Notwithstanding the foregoing, the cumulative presumptive (seven hour) durational limit is in effect but may be enlarged by agreement of the parties or upon application for leave of Court, which shall be freely given.

Savin’s position as set forth in the Joint Letter Submitted in Advance of the Preliminary Conference, May 1, 2024 (NYSCEF Doc. No. 23) as follows: Savin denies all allegations of wrongdoing asserted against it by the District.

This limit applies to consolidated actions as well; (b) Unless otherwise ordered by the court, interrogatories are limited to the following topics: name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary documentation, including pertinent insurance agreements, and other physical evidence.

The Rule is intended to promote a more efficient process for deposition of entity representatives and reduce the likelihood of a mismatch between the information sought and the witness produced.

Notwithstanding the foregoing, the cumulative presumptive (seven hour) durational limit is in effect but may be enlarged by agreement of the parties or upon application for leave of Court, which shall be freely given.

The Parties shall also select a meeting date for the initial session, exchange required discovery pursuant to Part Disclosure Rules and make arrangements for any submissions to be forwarded to the Mediator.