Warburton Westchester particularly rentable at to be constructed i.park New to be known York as Yonkers, Avenue, at and more Office i.park, Building County A consisting on Exhibit shown 100,000 300 space parking square feet, plus The improvements - of structure.

Delays resulting or guidelines, restrictions labor governmental strikes, God, of materials and from and supplies shortages disturbances, other whatsoever beyond causes or events Landlord's any reasonable control.

herein hereüñder commence to the contrary, (other than the on Lease otherwise unless to pay Minimum and continue this to the term of the obligation Comme cement terniinated or Annual Rent throughout the 2.3.

Annual to Landlord, to pay payable hereof, 1.1(i) first of each and day every the Rent Commencement as of Effective Annual in the amounts Minimum Rent, in advance in equal successive calendar month monthly the during Tenant Date, provided in installments Tem1 and the Renewal if however, provided, any; Tenn, the first portion of for the applicable prorated due and payable.

of when days ten (10) due and payable, under to be paid required any Rent by Tenant this and Lease, payment twelve month occurs more such late times in any period two than

Tenant shall be responsible for and pay before delinquency any municipal, county, state or federal taxes assessed against its leasehold interest or any fixtures, furnishings, equipment, stock, jnrrade of other personal prope~ty owned, installed or used on the Leased Premises.

Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of, Landlord’s failure to furnish any of the foregoing services when such failure is caused by accident, breakage, repairs, riots, strikes, lockouts or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord’s immediate control or for stoppages or interruptions of any such services for the purpose of making necessary repairs or improvements.

No such re-entry or taking possession of the Premises or the making of alterations or improvements thereto or the reletting thereof shall be construed as an election on the part of Landlord to terminate this Lease unless written notice of such intention be given to Tenant.

Tenant shall reimburse, indemnify and hold Landlord harmless from any loss, cost or expense, including reasonable attorneys’ fees, resulting from Tenant’s failure or refusal to vacate the Leased Premises in a timely fashion.

Landlord shall, at Landlord’s sole cost and expense and xvithin six (6) months of Tenant’s written request (Tenant’s Written Request"), subject to matters beyond Landlord’s control, install a direct meter for the Leased Premises and all necessary equipment and infrastructure, including necessary power lines and cable and feeder connections related thereto and obtaining all permits, easements and r!ghts of way, necessary to make the connection to enable Tenant to obtain electricity tbr the Premises from the New York Power Authority ("NYPA") or its then equivalent ("Landlord’s NYPA Capital Improvements").

caused or contributed to by the culpable conduct including contributory negligence, assumption of the risk and/or product misuse of persons over whom this Defendant had no authority or control.

of this Demand, a complete and legible copy of every written report of the accident or other event alleged in the complaint prepared in the regular course of that adverse party's business operations or practices.

if written, set forth a copy thereof; and if oral, state by whom and to whom the alleged warranty was made, specifying the time, place and persons in sufficient detail to permit identification.

Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief, and after reasonable inquiry, the contentions contained in the annexed documents VERIFIED

I, ______________________ (print your name exactly as shown on your Medicare card) hereby authorize the CMS, its agents and/or contractors to release, upon request, information related to my injury/illness and/or settlement for the specified date of injury/illness to the individual and/or entity listed below:

Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief, and after reasonable inquiry, the contentions contained in the annexed documents, AFFIRMATION IN OPPOSITION, are not frivolous.

Amy L. Pludwin, an attorney duly admitted to practice law before the Courts of New York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106.

Corp., 133 A.D.2d 816, 520 N.Y.S.2d 397), ‘[l]eave to renew should be denied unless the moving party offers a reasonable excuse as to why the additional facts were not submitted on the original application’ (Matter of Shapiro v. State of New York, supra, at 754, 687 N.Y.S.2d 401).

Assuming arguendo that the Court determines that Plaintiff has satisfied either his burden granting him leave to re-argue or to renew, then upon either re-argument or renewal, it is respectfully submitted that Plaintiff’s motion which seeks summary judgement as against Hudson be denied in its entirety as Hudson did not own, operate, manage, maintain, supervise, direct, inspect, control or make special use of the building located at 131 Warburton Avenue, Yonkers, NY where Plaintiff alleges his accident occurred.

Park, Hudson View Associates LLC did not own, operate, manage, maintain, supervise, direct, inspect, control or make special use of the building located at 131 Warburton Avenue, Yonkers, NY on August 13, 2018, (the date when Plaintiff alleges his accident occurred.)

No request for an extension of its time to answer or appear has been requested, and none has been granted.

On and before August 13, 2018, the defendants were required to hire, furnish, provide trained and diligent retain, and otherwise competent, qualified, skilled, experienced, persons to perform the Work.

On and before August 13, 2018, the defeñdants were required to train, discipline, promulgate appropriate rules to the supervise, and put into effect applicable duties, activities, and responsibilities of the defendants' employees, coñtractors, agents, subcontractors, servants, and/or representatives involved in performing the Work.

On August 13, 2018, the defendants, their employees, agents, contractors, subcoñtractors, representatives, and/or servants supervised, directed, oversaw, and/or controlled the Work being performed by Plaintiff at an elevated position inside the Premises.

August 13, 2018, the defend=.ñts, employees, agents, contractors, subcoñtractors, representatives, and/or servants had authority to supervise, direct, oversee, and/or control the Work being performed by Plaintiff at an elevated position inside the Premises.

Defendants' negligent, careless, and/or reckless violation of Labor Law § 241(6) and the Industrial Code proximately caused Plaintiff's fall-incident and resultant severe and permanent personal injuries and disabilities.

In the complaint, the plaintiffs allege in relevant part: [¶6] On and before August 13, 2018, HVA owned the premises and commercial building located at 131 Warburton Avenue, Yonkers, New York 10701 (the “Premises”).

[¶30] [T]here existed defective, hazardous, and otherwise unreasonably unsafe conditions upon the Premises, including without limitation in the areas where Work was being performed and where persons lawfully frequented (the “Premises Hazards”).

[¶40] [D]efendants, their employees, agents, contractors, subcontractors, representatives, and/or servants supervised, directed, oversaw, and/or controlled the Work being performed by Plaintiff at an elevated position inside the Premises.

In the present action, the Court appears to have overlooked that in his affidavit of merit, plaintiff John Pacifico confirmed the truth of the uncontested allegations in the complaint.

WHEREFORE, plaintiffs respectfully request that the Court issue an order granting the plaintiffs leave to reargue their motion for default judgment against defendant Hudson View Associates, LLC (“Hudson View”); or, alternatively, (ii) pursuant CPLR 2221(e), granting plaintiffs leave to renew their motion for default judgment; and, (iii) upon granting reargument or renewal, modifying the Court’s order, entered January 9, 2019, to the extent of holding Hudson View liable under each of the plaintiffs’ causes of action for violations of Labor Law §§ 240(1), 241(6), 200, common law negligence at the inquest and trial on damages, and for all other, further relief that the Court deems just and proper.