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51

Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 51 (N.Y. Sup. Ct., New York County Mar. 25, 2021)

In his article, Judge Whelan admits that other legal pundits disagree with his opinion and he recognizes that courts had not opined on the issue, at the time of writing.

This action is grounded in an accident case of July 21, 2017, wherein the plaintiff Alla Dyadechko was a pedestrian caused to trip and fall on a negligent condition, existing on a construction area at the World Trade Center.

The accident occurred when Ms. Dyadechko tripped as a result of a wooden board placed under, and protruding from beneath a cement barrier next to a fence and a gate on the construction site.

The defendants argument is based on theories espoused in a controversial article by Judge Thomas Wheelan, which argues that the words “toll” in the executive orders should be interpreted to mean “suspended”.

Here, Executive Order 202.8, and its successors, can reasonably be characterized as implementing a temporary alteration of the timely filing and service provisions in Court of Claims Act § 10, a modification.

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52

Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 52 (N.Y. Sup. Ct., New York County Mar. 25, 2021)

159616/2020 RECEIVED NYSCEF: 03/25/2021 Page 80 November 5, 2020 THOMAS AMOIA I N D E X WITNESS EXAMINATION BY PAGE Thomas Amoia Mr. Medic 7, 74 Ms. Setia 65 INSERT (None) RULINGS (None) 1 2 3 4 5 6 7 8 9 ...

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Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 55 (N.Y. Sup. Ct., New York County Mar. 25, 2021)

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53

Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 53 (N.Y. Sup. Ct., New York County Mar. 25, 2021)

: Tatiana Mirochnik being duly sworn, deposes and says: I am over of New York.

State 18 years of age, I am not a party to the action, and I reside in Kings County in the I served a true copy of the annexed

on March 25, 2021 by electronically filing via NYSCEF, addressed to each of the following: LLP

33 Whitehall Street 16th Floor

Tatiana Mirochnik Sworn to before me March 25,

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56

Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 56 (N.Y. Sup. Ct., New York County Mar. 25, 2021)

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Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 54 (N.Y. Sup. Ct., New York County Mar. 25, 2021)

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49

Document ALLA DYADECHKO v. SILVERSTEIN PROPERTIES, LLC et al, 159616/2020, 49 (N.Y. Sup. Ct., New York County Mar. 17, 2021)

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph "10" of the Verified Complaint inasmuch as they are not directed toward the Port Authority.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph "11" of the Verified Complaint inasmuch as they are not directed toward the Port Authority.

Denies the allegations set forth in paragraph "30" of the Verified Complaint insofar of law for determination as they pertain to the Port Authority and respectfully refers all questions the Court at the time of trial.

The Court lacks subject matter and/or the Port Authority if plaintiff has failed to comply with the statutory requirements or conditions precedent provided for in N.Y. Unconsolidated §§ 7107 et seq.

without active or or its agents, servants and/or employees, any affirmative recklessness, carelessness, negligence or other culpable conduct on the part of the Port Authority contributing thereto.

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