In the Bill of Particulars, the parties shall clearly delineate all claims of damages, including, but not limited to, loss of earnings/profit, medical expenses andphysical injuries/limitations.

Defendants shall process each authorization within 30 days of receipt and shall follow up at least monthly until the recordsare received.Ifplaintifftimely provides proper authorizations then non-receipt of materials shall not be grounds for delaying plaintiff's deposition unless proof of timely processing, or proof of rejection by the provider, and follow-up is submitted to the plaintiff and/or court.

Absent good cause shown, non-compliancewith this order, including the failure to raise discovery problems in advance of deadlines, may result in the imposition of penalties upon the offending party and, where warranted, upon counsel.

Such penalties may include waiverof the discovery, preclusion, dismissal, striking of a pleading, costs, sanctions and attorneys Page 5 of 6 fees.

Nothing in this paragraph relieves counsel of the obligation of demonstrating sufficient good faith efforts to resolve their discovery disputes withoutresort to court intervention via motion (see 22 NYCRR 202.7[a][2]).

FOURTH: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “7” of the Verified Complaint, except admit that 1921 LIHTC LLC had a beneficial and equitable fee interest in the premises.

Deny each and every allegation contained in paragraphs “50” and “63” of the Verified Complaint in form alleged, expect admits that QUALITY CONSTRUCTION DEVELOPMENT D/B/A QUALITY SAFETY SOLUTIONS was retained to perform certain work and/or services, respectfully refer to the applicable contract documents for their complete terms, and respectfully refers all questions of law to the Court.

TWENTY-FOURTH: That if Plaintiff could have, with due diligence, obtained personal jurisdiction over tortfeasors, not a party to this lawsuit, whose conduct in whole or in part caused or contributed to Plaintiff’s injuries and damages, then the culpability of any missing or absent tortfeasors should be determined in accordance with the provisions of § 1601 of the CPLR and the answering Defendant’s liability, if any, for non-economic loss should be limited to its equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for such loss.

CONSTRUCTION DEVELOPMENT CORP., d/b/a QUALITY SAFETY SOLUTIONS demand judgment dismissing the Verified Complaint herein, together with the costs and disbursements of this action, including attorneys’ fees, and for such other, further and different relief as this Court

I am an associate with the law firm LONDON FISCHER LLP, attorneys for the answering Defendants in the within action, and am fully familiar with the facts and circumstances set forth herein.

of the defendants herein, respectfully alleges, upon information and belief, as follows: 1, At all times hereinafter mentioned Plaintiff

its agents, servants and/or employees, to keep the aforesaid location in a safe and proper manner.

its agents, servants and/or employees, to keep the aforesaid location in a safe and proper manner.

was performing his said work at the aforesaid premises, he was injured in an accident and sustained serious and severe personal injuries.

The said accident and the injuries and damages to the plaintiffresulting therefrom were caused solely and wholly reason by of the negligence, carelessness and recklessness of the defendants, their agents, servants, employees and/or licensees in the ownership, operation, management, maintenance and control of the aforesaid location and/or work site, in that they failed to have and keep the same in a safe and proper manner; in that they failed to provide proper equipment for the performance of plaintiff's work at the said premises; in that they allowed and permitted plaintiff to be placed in a position of danger to his life and limbs; in that they caused, allowed and permitted the said work and hazardous in that failed to make site to be, become and remain in a dangerous condition; they timely, adequate and proper inspections of the conditions existing at the said work site and to remedy the same; in that they failed to employ adequate and competent personnel to inspect the said work site and/or to provide plaintiff with a proper and safe place to work; in that they failed to provide plaintiff with proper equipment for the safe performance of his work at the said work site; that in that they failed to warn the plaintiff of the dangerous, hazardous and unsafe conditions existing at the said work site; in that to provide plaintiff with a safe place in that controlled and they failed to work; they maintained, supervised the said work site in reckless disregard for the safety of workers thereon, including this plaintiff; in that they were inattentive to their duties wherein had they been attentive to their duties the accident and ensuing injuries could have and would have been avoided; in that they failed to act as reasonable and prudent persons could have and would have under the circumstances and conditions then and there prevailing; in that they failed to provide proper ladders; in that they failed to properly secure the ladders in that ladders in that failed to on the premise; they maintained faulty on the premises; they provide safe methods to work from heights on and about the premises; in that they failed to provide proper scaffolding; in that they failed to provide co-workers to hold said ladders; in that they

The perjury, Plaintiff undersigned, affirms am

§ statute(s) has/have The in The Under of Based of not above an the cause(s) the action on my limitations expired.

statements New pursuant as follows: attorney instant to

action York asserted reasonable for Portnoy Schneck,

counsel for asserted the herein inquiry, cause(s) Law, the herein statute(s) is/are of believe action accrued of years on limitations pursuant the applicable asserted November for to

Manpower data the United and name obtained request be Defense of aforesaid branch of Dated: January 24, 2024 Kimberly do Sworn of to be ore this me day Notar lic OlANAMTHORNTON UELt0, 5TATE OF NEW YORK NOfÂTV No. 01TH6290907 ê§l§tYätion fñ Westchester County Qualified 15, 2025 Exphes October My GêMMistion Department of Defense Manpower Data Center ResunsasofNan4202411:25:39AM

Upon searching the data banks of the Department of Defense Manpower Data Center, baSedon the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA,Public Health, and Coast Guard).

DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently an active duty" responses, and has experienced only a small error rate.

In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitledto the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service.

Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.

Recorded By: XUE GAO Nassau County Maureen OConnell Gounty Clerk Mineola, NY 11501 lnstru ment N umb er: 2024- 00205975 As

Failure to Appear or Plead An action agrainst a natural person based upon non-payment of a contractual obligation.

Plaintiff Defendant (s) Amount requested in Complaint fnterest Less amounts previously paid Costs allowed by St Service of Summons Filing of Summons a Filing of Judgment Prospective Sheriff Military Affidavit atute and Complai nd Complain 's or Marsh $2,412.72

Portnoy Schneck, L. L. C. 22 Saw MiIl River Rd, Ste 305 Hawthorne, NY 10532 Phone: BBB/841-6514 Attorney for Plaintiff File No. L2301715 wDGMENT entered this , 6 t" day or Tr n , .

No[I, oN MoEIoN oE Portnoy Schneck, L.L.C. 22 Saw MiIl River Rd, Ste 305 Hawthorne, NY 10532 attorney for the Plaint i ff-Judgment Creditor, it is hereby ID,IIDGED, that Cavalry SPv I, LLc, as assignee of Citibank, N'A'1 American Lane, Suite 220 Greenwich, CT, 06831, the P1a inti ff-Judgment Creditor, do recover of the STEVEN A rERRUFINO - 1.21 Nassau BIvd B, West Hempstead NY 11552-lO4SDefendant (s)- Judqment Debtor, the sum of $2,472.72 the amount c.l-aimed with interest, and 9519.00, costs and dj-sbursements, amounting in all to the sum of Sr, qga,-?a nd that Pl-aintiff-Judgment Creditor have execution therefor -: - erk

8712 Comments : o, New York State Unified Court System Affidavit Account of by Facts and Sale of Original-Creditor - nyCourts.qov ucS-ccmos/2022) Page nycourthelp;qov The undersigned,

for all goods, services and cash advances The date and the amount of the last payment, are set forth in an exhibit attached hereto and made a part hereof.

A true and correct copy of the the statement(s) were returned by the post office or that and mailed by Original Creditor recent account generated is attached as an exhibit to this affidavit.

most statement(s) to on [Checkthisparagraphifseekingjudgmentonrevolvingconsumercreditaccount] At owed the amount set the time of Sale, Consumer forth in the exhibits attached hereto and made a part hereof, which

Account 8712 YOU MAY REQUEST TO RECElVE WRITTEN COMMUNICAT[0NS lisi BRAILLE OR LARGE-PRINT FORMAT BY CALl.ING THE TOLL FREE OR TTY NUMBER LISTED AT THE TOP OF THIS STATEMENT.