Preview
FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------X INDEX NO.: 703720/2018
LUIS CORVACHO,
Plaintiff, PLAINTIFPS EXPERT
EXCHANGE PURSUANT TO
- against - CPLR 3101(d)
MARJORIE ALACQUA and MARY TOM,
Defendants,
---------------------X
Plaintiff, LUIS CORVACHO, by and through his attorney, Law Office of
Defendants'
Ryan S. Goldstein, PLLC., as and for the Response to the Demand
for Expert Information Pursuant to CPLR 3101(d), respectfully states as
follows:
1. IDENTITY OF EXPERT: Plaintiff intends to call IRVIN S. LOEWENSTEIN.,
an expert on New York City sidewalks and a former longtime employee of the
N.Y.C. Department of Transportation, Director of Sidewalk Management, Deputy
Director of Sidewalk Program and Sidewalk Complaint Unit as well as Director of
Prior Notification Unit. Mr. Loewenstein's previous experience has been in dealing
with all facets of issues involving operations, management and administration of
the City's over 12,000 miles of sidewalks
2. QUALIFICATIONS: See number 1 above. See also attached CV.
3. SUBJECT MATTER OF TESTIMONY: Mr. Loewenstein is going to testify as
to the accident location and how the sidewalk at that subject location was defective
"notice"
as well as how the Defendants were on of said defects as well as were
responsible for said defect pursuant to 19-152 and 7-210 of the NYC Administrative
Codes. See attached report.
4. SUMMARY OF OPINIONS: It is expected that Mr. Loewêñstein will testify,
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with a reasonable degree of certainty, that the curb and ramp at the accident
location set forth in the plaintiffs Bill of Particulars did not conform with Sections
19-152 and 7-210 of the NYC Administrative Code as well as 2-09(f) of the
NYCDOT. See attached report.
5. BASIS OF OPINIONS: Mr. Loewenstein's review of the Plaintiffs pleadings
and related evidence to in this matter.
Dated: Bronx, New York
October 2, 2019
Yours, etc.,
By: Rya . old ein
Law Of ce an S. Goldstein, PLLC
Attor y for laintiff
LUI CORVACHO
1084 Morris Park Avenue, Second Floor
Bronx, New York 10461
(718) 239-0239
To:
JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendants
MARJORIE ALACQUA and MARY TOM
PO BOX 9040
300 Jericho Quadrangle, Suite 260
Jericho, New York 11753
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF BRONX )
I, VANESSA GRIMES, being sworn, say: I am not a party to the action, am over
18 years of age and reside the New New York. On the 2nd of October
in York, day
2019, I served the within
PLAINTIFF'S EXPERT EXCHANGE PURSUANT TO CPLR 3101(d)
by mailing a copy to each of the following persons at the last known address set
forth after each name below.
__ by faring a copy to each of the following persons at the last known fax numbers
set forth after each name below, which was designated by the attorney for such
purpose.
_ by E-mailing a copy to each of the following persons at the last known e-mail
address set forth after each name below, which was designated by the attorney for
such purpose, and by mailing a copy to the address set forth after each name below.
by E-FILE TRANSMISSION a copy to each of the following persons at the last
known address set forth after each name below.
JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendants
MARJORIE ALACQUA and MARY TOM
PO BOX 9040
300 Jericho Quadrangle, Suite 260
Jericho, New York 11753 e
V ESSA GRIMES
Sworn to before is
2nd of Oct 019
day
NOTARY U LIC
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IRVIN S. LOEWENSTEIN
REPORT
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SIDEWALK RESOLUTIONS
61 Birchard Avenue
Staten Island, New York 10314
917-680-2622
September 17, 2019
Vanessa Grimes. Paralegal
Law Office of Ryan S. Goldstein, P.L.L.C.
1084 Morris Park Avenue. Second Floor
Bronx, NY 10461
Re: Luis Corvacho
Date of Accident - December 2016
25,
Dear Ms. Grimes:
I reviewed the documents you submitted to my office regarding the aforementioned case. On
December 25, 2016, Luis Corvacho tripped and on a defective sidewalk in front of
85th
3232 Street, Block 1414, Lot 20 (see enclosed Property Profile Overview) in Queens,
New York. The photos you submitted to my office clearly show a defective sidewalk with
missing/loose pieces and a trip hazard of 1 ½".
According to section 19-152 of the NYC Administrative Code, any of the following shall be
considered a defect which would result in a violation:
• A trip hazard, where the vertical surface differences between adjacent sidewalk flags are
greater than or equal to 1/2".
• One or more flag(s) cracked to such an extent that one or more pieces of the flag(s) may be
loosened or readily removed.
In my professional opinion and with a high degree of certainty, according to 19-152 of the New
York City Administrative Code, the area where Luis Corvacho tripped and fellwas defective on
December 25, 2016, the date of the accident. The defective has been there for years and got
worse over time. The Queens Office of the County Clerk did not have any active Notices of
Violation on fileThe defective condition has been there foryears and has gotten worse (see
enclosed Google Map from October, 2014-3 years prior to the accident date).
In the sidewalk is in violation of 7-210 of the Administrative Code - of
addition, § "Liability
real property owner forfailure to maintain sidewalk in a reasonably safe condition".
"a. It shall be the duty of the owner of realproperty abutting any sidewalk, including, but not
limited to, the intersection quadrant for corner property, to maintain such sidewalk in a
reasonably safe condition.
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b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk,
including, but not limited to, the intersection q·.sdset for comer property, shall be liable for any
injury to property or personal injury, including death, proximately caused by the failure of such
owner to maintain such sidewalk in a reasonably safe condition. Failure to maiM÷ such
sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure
to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the
negligent failure to remove snow, ice, dirtor other material from the sidewalk. This subdivision
shall not to two- or residential real that is in whole or in
apply one-, three-family property (i)
part,owner occupied, and (H) used exclusively for residential purposes.
c. Notwithstanding any other provision of law, the city shall not be liable for any injury to
Property or personal injury, including death, proximately caused by the failure to maintain
sidewalks (other than sidewalks two- or residential real that
abutting one-, three-family property
is (i)in whole or in part, owner occupied, and (ii)used exclusively for residential purposes) in a
reasonably safe condition. This subdivision shall not be construed to apply to the liabilityof the
cityas a property owner pursuant to subdivision b of this section.
d. Nothing in this section shall in any way affect the provisions of this chapter or of any other
law or rule governing the manner in which an action or proceeding against the city is
conditions."
commenced, including any provisions requiring prior notice to the city of defective
Also 2-09 section (f)Sidewalk lists the following responsibility of property owners:
owners'
"(1) Property responsibility. Property owners shall, at their own cost, install, repave,
reconstruct and maintain in good repair, at all times, the sidewalk abutting their properties,
including, but not limited to the intersection quadrant for corner property, in accordance with the
specifications of the Dep-.rtment. Upon failure of a property owner to install,repave, reconstruct
or repair the sidewalk pursuant to a Notice of Violation issued by the Department after an
inspection, the Department perform the work or cause itto be performed and shall bill the
may
property owner pursuant to §19-152 of the New York City Admi=ia'=*ive Code. If the property
owner wishes to protest the violation, he/she may make a request at the appropriate borough
office within the time of violation and the Department shall provide a re-
specified in the notice
inspection by a different departmental inspector than the one who conducted the firstinspection.
inspection."
The findings of the second inspection supersede the findings of the first
Enclosed please find a Property Profile Overview, Google Map and an invoice.
Thank you for your business,
Very truly yours,
Irvin S. Loewenstein
Consultant
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CLICK HERE TO SIGN UP FOR BUILDINGS NEWS
NYC Department of Bt:!!dinge
Property Profile Overview
3232 85 STREET QUEENS 11370 BIN# 4034604
85 STREET 32-32 - 32-32 Health Area : 620 Tax Block :1414
Census Tract : 337 Tax Lot :20
Community Board : 403 Condo :NO
Buildings on Lot : 2 Vacant :NO
View DCP Addresses... Browse Block
View Zoning Documents View Challenge Results Pre - BISPA View CertificatesofOccupancy
Cross Street(s): 32 AVENUE, NORTHERN BOULEVARD
DOB Special Place Name:
DOB Building Remarks:
Landmark Status: Special Status: N/A
Local Law: NO LoftLaw: NO
SRO Restricted: NO TA Restricted: NO
UB Restricted: NO
Eny'rcamêñtal Restrictions: N/A Grendfathered Sign: NO
Legal Adult Use: NO CityOwned: NO
Additional BlNs forBuilding: NONE
Special District: UNKNOWN
This property is notlocatedin an areathatmay be eWected by Tidal Wetlands, Freshwater Coastal
'."Jc:|s,.da, Erosion Hazard Area,
or SpecialFlood Hazard Area. Clickherefor more information
Department ofFinance Building Claseincetien: A5-1 FAMILY DWELLING
Please Note: The Department of Finance's building classification information shows a building's tax status, which may not be the same as the legal use of
the structure. To determine the legal use of a structure, research the records of the Department of Buildings.
Total Open ElevatorRecords
Complaints 0 0 Electrical
Applications
Violations-DOB 0 0 Permits In-Process/ Issued
Violations-ECB 0 O Illuminated Signs Annual Permits
(DOB)
Jobs/Filings Plumbing_lnspections
0
Open Plumbing Jobs / Work Typ_es
ARA / LAA Jobs 0
Facades
TotalJobs 0
Marquee Annual Permits
Actions 5
Boiler Records
OR EnterAction Type: DEP Boiler Information
OR Select from List: Select... Crane Information
AND Show Actions After Hours Variance Permits
If youhave any questions please review these Asked
Fre_qu_e_ntly Questions, theGlossary_, or
callthe 311 Citizen Service Center by
311
dialing or (212) NEW YORK outside of New York City.
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9/16/2019 32-27 85th St - Google Maps
Go gle Maps 32-27 85th st
© 2019 Google
Image capture: Oct 2014
New York
P Google
Street View - Oct 201 4
't
+'
~a.'
shown: Oct 2014
Currently
32-3'?8 5t n
https://unvw.google.corn/maps/place/32-32+85th+St,+Flushing,+NY+11370/@40.7571269,-73.8828211,3a,15y,220.65h,73.16t/data=!3m7!1e1!3m5!1s...
1/1
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IRVIN S. LOEWENSTEIN
CV
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IRVIN S. LOEWENSTEIN
61 Birchard Ave., Staten Island, New York 10314
irvin sidewalkressistians.com Business # 917-680-2622
EDUCATIONAL HISTORY:
Masters of Business Administration - 1978
February,
Baruch College, City University of New York, New York City
Major- Management
Bachelor of Business Adminictration - 1972
June,
University of Cincinnati, Cincinnati, Ohio
Major -
Marketing
Honor's: Dean's Lists for Acadamic Achievement and Outstanding Achicycmcn‡ in the
Professional Practice Program
WORK EXPERIENCE:
Consultant Firm /Sidewalk Resolutions
61 Bin:hard Ave.
Staten Island, New York 10314
OWNER
Provides expert testimony in court on Trip & Fall cases. Conducts on siteinspecticüs on properties and inthe
roadway todetermine whether or not thedefect fallswithin the guidelines of the hazard assessment criteriaof
19-152 of the Administrative Code and 34 RCNY 2-07 b of the New York City Charter. Reviews records and
makes recommandatianc on & Fall cases (what c.dditi=al information isneeded and where to obtain
Trip it,
etc.)on sidewalks, curbs, pedestrian ramps, hardware and inroadways. Conducts legal research to see ifthere
is prior notification. Has testifiedin court in casesinvolving defective sidewalks, curbs, pedestrian ramps,
hardware and Big Apple Pothole and Sidewalk Protection Corporation maps .
Inspects properties for insurañee companies, homeowners, co-op buildings, etc.to show where potential
hazards are located. Sketches and photos are provided.
Answers questions for property owners on sidewalk relatedissues.
DIRECTOR OF SIDEWALK MANAGEMENT
Department of Transportation
30-30 Thomson Ave.
Long Island City, New York 11 101
March, 1991 - 2008
December,
Director of the Office of Sidewalk Management for the Department of Transportation from September 1999-
December 2008. Deputy Director fiom March 1991-September 1999. Duties included allocating
$20,000,000 aññüally for all boroughs in order to repair defective sidewalks for "Prior Notice Contractc".
Areas targeted for repair are those where the City stands to have the most liabilityand where ouisianding
violations existed. Directed the Inspectics Unit which isresponsible for inspecting and violatingproperties in
Centracts"
allboroughs for the "Prior Notice and all reconstructions jobs. The Unit also processed and sent
out Notices of Violations, and maiñtained all records. Attended Community Board meetings, met with
elected officiak testifiedat City Council hearings, met with private civic groups, met with other City
agencies and attended preconstruction meetings. Assisted in the formulatión of new legislation. Responded
to letters
and calls from elected officials,civic groups, citizêñs and aganciac Testified in court on
city Trip
and Fall cases and at Small Claims Accacemant Review Part (SCARP) hearings. Received last maritorious
increase in 2008 for outstanding work.
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DEPUTY DIRECTOR SIDEWALK PROGRAM
DIRECTOR SIDEWALK COMPLAINT UNIT
In charge of designing, training and debugging assessment system for billing property owners for sidewalk
repairs threügh0üt New York City. Assisted in rewriting new sidewåli legislatión (Fe!dmanlMega Law).
This legislation clearly sets forth the rights of property owners. Supervised a unit in charge of logging
complâints regarding sidewalk billsand ensure thatallcc=;!:!:ts are acted upon in a timely manner as stated
in the Feldman/Mega Law.
Respond to Ccmmim!oner correspondence regarding sidewalk issues.
Head of the sidewâ:k Assessment Review Board (SARB) prc=:!gated by legislation. Meet with board
members to determine validityof various sidevvaik issues. Testified in court.
DIRECTOR OF PRIOR NOTIFICATION UNIT /TECHNICAL AFFAIRS
Deoartment of Transacitation
Legal Affairs and Intergovernmental P alatianc
295 Lafayette Street
New York, New York 10012
1981 - March 1991
February
As Director of the PriorNotification Unit, managed a staffof fifteenemplayees engaged in the administration
of the New York City Local Law 82. The law requires the City of New York to process written notification
of street and sidewalk defects and repair them within fifteen days of receipt,so that the City can limit its
liability.Formulated procedures forhandling the Big Apple Pothole and Sidewalk Protection Corporation
(BAPASPC) maps.
Assisted in the design and fonuülatiGñ of the operaticñ. Ensured that the coding, logging and filingof notices
were completed expeditiêüs!y. Formulated procedures forperforming legal searches for the Comptraller's
Office, the Law Department and privatecitizens,and fortestifying incourt and at eva=i==tions before trial.
In additics, promoted to the position of Director of Technical Affairs (Administratica) in July, 1987.
Managed a staff of 20 eniplayees responsible for litigationsupport for the Department of Transportation.
Drafted and initiated forms and pr0cedures that trackad the work flow in each barcagh.
DIRECTOR OF OFFICE SERVICES/PUBLIC RECORDS ACCESS OFFICER
1978 - June 1981
July
Responsible for the management of a staff of 30 employees whose duties ine!uded the p ocessing of all
correspcadence, mailing messenger and printing services for the entire Department, which serves over 6,000
chiplüyees citywide. In charge of project team that analyzed reproduction cquipment needs for the
Department and itsenst;teêñt agencies. Made determinaticñs as to whether in-house equinment was
operating within cost effectiveguidelines. Conducted research and made recommendations which resulted in
savings of $20,000 yearly. As Public Records Access Officer, ensured that all records requested from
archives were Gbtained in a timely manner and thatrecords were sent to archives in accordance with :=ceMs
retêñtica schedule forentire department. Promoted from Assistant Director of Office Services in September
1979.
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Preview
FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------X INDEX NO.: 703720/2018 LUIS CORVACHO, Plaintiff, PLAINTIFPS EXPERT EXCHANGE PURSUANT TO - against - CPLR 3101(d) MARJORIE ALACQUA and MARY TOM, Defendants, ---------------------X Plaintiff, LUIS CORVACHO, by and through his attorney, Law Office of Defendants' Ryan S. Goldstein, PLLC., as and for the Response to the Demand for Expert Information Pursuant to CPLR 3101(d), respectfully states as follows: 1. IDENTITY OF EXPERT: Plaintiff intends to call IRVIN S. LOEWENSTEIN., an expert on New York City sidewalks and a former longtime employee of the N.Y.C. Department of Transportation, Director of Sidewalk Management, Deputy Director of Sidewalk Program and Sidewalk Complaint Unit as well as Director of Prior Notification Unit. Mr. Loewenstein's previous experience has been in dealing with all facets of issues involving operations, management and administration of the City's over 12,000 miles of sidewalks 2. QUALIFICATIONS: See number 1 above. See also attached CV. 3. SUBJECT MATTER OF TESTIMONY: Mr. Loewenstein is going to testify as to the accident location and how the sidewalk at that subject location was defective "notice" as well as how the Defendants were on of said defects as well as were responsible for said defect pursuant to 19-152 and 7-210 of the NYC Administrative Codes. See attached report. 4. SUMMARY OF OPINIONS: It is expected that Mr. Loewêñstein will testify, 1 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 with a reasonable degree of certainty, that the curb and ramp at the accident location set forth in the plaintiffs Bill of Particulars did not conform with Sections 19-152 and 7-210 of the NYC Administrative Code as well as 2-09(f) of the NYCDOT. See attached report. 5. BASIS OF OPINIONS: Mr. Loewenstein's review of the Plaintiffs pleadings and related evidence to in this matter. Dated: Bronx, New York October 2, 2019 Yours, etc., By: Rya . old ein Law Of ce an S. Goldstein, PLLC Attor y for laintiff LUI CORVACHO 1084 Morris Park Avenue, Second Floor Bronx, New York 10461 (718) 239-0239 To: JAMES F. BUTLER & ASSOCIATES Attorneys for Defendants MARJORIE ALACQUA and MARY TOM PO BOX 9040 300 Jericho Quadrangle, Suite 260 Jericho, New York 11753 2 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF BRONX ) I, VANESSA GRIMES, being sworn, say: I am not a party to the action, am over 18 years of age and reside the New New York. On the 2nd of October in York, day 2019, I served the within PLAINTIFF'S EXPERT EXCHANGE PURSUANT TO CPLR 3101(d) by mailing a copy to each of the following persons at the last known address set forth after each name below. __ by faring a copy to each of the following persons at the last known fax numbers set forth after each name below, which was designated by the attorney for such purpose. _ by E-mailing a copy to each of the following persons at the last known e-mail address set forth after each name below, which was designated by the attorney for such purpose, and by mailing a copy to the address set forth after each name below. by E-FILE TRANSMISSION a copy to each of the following persons at the last known address set forth after each name below. JAMES F. BUTLER & ASSOCIATES Attorneys for Defendants MARJORIE ALACQUA and MARY TOM PO BOX 9040 300 Jericho Quadrangle, Suite 260 Jericho, New York 11753 e V ESSA GRIMES Sworn to before is 2nd of Oct 019 day NOTARY U LIC 3 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 IRVIN S. LOEWENSTEIN REPORT 4 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 5 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 SIDEWALK RESOLUTIONS 61 Birchard Avenue Staten Island, New York 10314 917-680-2622 September 17, 2019 Vanessa Grimes. Paralegal Law Office of Ryan S. Goldstein, P.L.L.C. 1084 Morris Park Avenue. Second Floor Bronx, NY 10461 Re: Luis Corvacho Date of Accident - December 2016 25, Dear Ms. Grimes: I reviewed the documents you submitted to my office regarding the aforementioned case. On December 25, 2016, Luis Corvacho tripped and on a defective sidewalk in front of 85th 3232 Street, Block 1414, Lot 20 (see enclosed Property Profile Overview) in Queens, New York. The photos you submitted to my office clearly show a defective sidewalk with missing/loose pieces and a trip hazard of 1 ½". According to section 19-152 of the NYC Administrative Code, any of the following shall be considered a defect which would result in a violation: • A trip hazard, where the vertical surface differences between adjacent sidewalk flags are greater than or equal to 1/2". • One or more flag(s) cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed. In my professional opinion and with a high degree of certainty, according to 19-152 of the New York City Administrative Code, the area where Luis Corvacho tripped and fellwas defective on December 25, 2016, the date of the accident. The defective has been there for years and got worse over time. The Queens Office of the County Clerk did not have any active Notices of Violation on fileThe defective condition has been there foryears and has gotten worse (see enclosed Google Map from October, 2014-3 years prior to the accident date). In the sidewalk is in violation of 7-210 of the Administrative Code - of addition, § "Liability real property owner forfailure to maintain sidewalk in a reasonably safe condition". "a. It shall be the duty of the owner of realproperty abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition. 6 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection q·.sdset for comer property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maiM÷ such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirtor other material from the sidewalk. This subdivision shall not to two- or residential real that is in whole or in apply one-, three-family property (i) part,owner occupied, and (H) used exclusively for residential purposes. c. Notwithstanding any other provision of law, the city shall not be liable for any injury to Property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks two- or residential real that abutting one-, three-family property is (i)in whole or in part, owner occupied, and (ii)used exclusively for residential purposes) in a reasonably safe condition. This subdivision shall not be construed to apply to the liabilityof the cityas a property owner pursuant to subdivision b of this section. d. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is conditions." commenced, including any provisions requiring prior notice to the city of defective Also 2-09 section (f)Sidewalk lists the following responsibility of property owners: owners' "(1) Property responsibility. Property owners shall, at their own cost, install, repave, reconstruct and maintain in good repair, at all times, the sidewalk abutting their properties, including, but not limited to the intersection quadrant for corner property, in accordance with the specifications of the Dep-.rtment. Upon failure of a property owner to install,repave, reconstruct or repair the sidewalk pursuant to a Notice of Violation issued by the Department after an inspection, the Department perform the work or cause itto be performed and shall bill the may property owner pursuant to §19-152 of the New York City Admi=ia'=*ive Code. If the property owner wishes to protest the violation, he/she may make a request at the appropriate borough office within the time of violation and the Department shall provide a re- specified in the notice inspection by a different departmental inspector than the one who conducted the firstinspection. inspection." The findings of the second inspection supersede the findings of the first Enclosed please find a Property Profile Overview, Google Map and an invoice. Thank you for your business, Very truly yours, Irvin S. Loewenstein Consultant 7 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 CLICK HERE TO SIGN UP FOR BUILDINGS NEWS NYC Department of Bt:!!dinge Property Profile Overview 3232 85 STREET QUEENS 11370 BIN# 4034604 85 STREET 32-32 - 32-32 Health Area : 620 Tax Block :1414 Census Tract : 337 Tax Lot :20 Community Board : 403 Condo :NO Buildings on Lot : 2 Vacant :NO View DCP Addresses... Browse Block View Zoning Documents View Challenge Results Pre - BISPA View CertificatesofOccupancy Cross Street(s): 32 AVENUE, NORTHERN BOULEVARD DOB Special Place Name: DOB Building Remarks: Landmark Status: Special Status: N/A Local Law: NO LoftLaw: NO SRO Restricted: NO TA Restricted: NO UB Restricted: NO Eny'rcamêñtal Restrictions: N/A Grendfathered Sign: NO Legal Adult Use: NO CityOwned: NO Additional BlNs forBuilding: NONE Special District: UNKNOWN This property is notlocatedin an areathatmay be eWected by Tidal Wetlands, Freshwater Coastal '."Jc:|s,.da, Erosion Hazard Area, or SpecialFlood Hazard Area. Clickherefor more information Department ofFinance Building Claseincetien: A5-1 FAMILY DWELLING Please Note: The Department of Finance's building classification information shows a building's tax status, which may not be the same as the legal use of the structure. To determine the legal use of a structure, research the records of the Department of Buildings. Total Open ElevatorRecords Complaints 0 0 Electrical Applications Violations-DOB 0 0 Permits In-Process/ Issued Violations-ECB 0 O Illuminated Signs Annual Permits (DOB) Jobs/Filings Plumbing_lnspections 0 Open Plumbing Jobs / Work Typ_es ARA / LAA Jobs 0 Facades TotalJobs 0 Marquee Annual Permits Actions 5 Boiler Records OR EnterAction Type: DEP Boiler Information OR Select from List: Select... Crane Information AND Show Actions After Hours Variance Permits If youhave any questions please review these Asked Fre_qu_e_ntly Questions, theGlossary_, or callthe 311 Citizen Service Center by 311 dialing or (212) NEW YORK outside of New York City. 8 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 9/16/2019 32-27 85th St - Google Maps Go gle Maps 32-27 85th st © 2019 Google Image capture: Oct 2014 New York P Google Street View - Oct 201 4 't +' ~a.' shown: Oct 2014 Currently 32-3'?8 5t n https://unvw.google.corn/maps/place/32-32+85th+St,+Flushing,+NY+11370/@40.7571269,-73.8828211,3a,15y,220.65h,73.16t/data=!3m7!1e1!3m5!1s... 1/1 9 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 IRVIN S. LOEWENSTEIN CV 10 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 11 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 IRVIN S. LOEWENSTEIN 61 Birchard Ave., Staten Island, New York 10314 irvin sidewalkressistians.com Business # 917-680-2622 EDUCATIONAL HISTORY: Masters of Business Administration - 1978 February, Baruch College, City University of New York, New York City Major- Management Bachelor of Business Adminictration - 1972 June, University of Cincinnati, Cincinnati, Ohio Major - Marketing Honor's: Dean's Lists for Acadamic Achievement and Outstanding Achicycmcn‡ in the Professional Practice Program WORK EXPERIENCE: Consultant Firm /Sidewalk Resolutions 61 Bin:hard Ave. Staten Island, New York 10314 OWNER Provides expert testimony in court on Trip & Fall cases. Conducts on siteinspecticüs on properties and inthe roadway todetermine whether or not thedefect fallswithin the guidelines of the hazard assessment criteriaof 19-152 of the Administrative Code and 34 RCNY 2-07 b of the New York City Charter. Reviews records and makes recommandatianc on & Fall cases (what c.dditi=al information isneeded and where to obtain Trip it, etc.)on sidewalks, curbs, pedestrian ramps, hardware and inroadways. Conducts legal research to see ifthere is prior notification. Has testifiedin court in casesinvolving defective sidewalks, curbs, pedestrian ramps, hardware and Big Apple Pothole and Sidewalk Protection Corporation maps . Inspects properties for insurañee companies, homeowners, co-op buildings, etc.to show where potential hazards are located. Sketches and photos are provided. Answers questions for property owners on sidewalk relatedissues. DIRECTOR OF SIDEWALK MANAGEMENT Department of Transportation 30-30 Thomson Ave. Long Island City, New York 11 101 March, 1991 - 2008 December, Director of the Office of Sidewalk Management for the Department of Transportation from September 1999- December 2008. Deputy Director fiom March 1991-September 1999. Duties included allocating $20,000,000 aññüally for all boroughs in order to repair defective sidewalks for "Prior Notice Contractc". Areas targeted for repair are those where the City stands to have the most liabilityand where ouisianding violations existed. Directed the Inspectics Unit which isresponsible for inspecting and violatingproperties in Centracts" allboroughs for the "Prior Notice and all reconstructions jobs. The Unit also processed and sent out Notices of Violations, and maiñtained all records. Attended Community Board meetings, met with elected officiak testifiedat City Council hearings, met with private civic groups, met with other City agencies and attended preconstruction meetings. Assisted in the formulatión of new legislation. Responded to letters and calls from elected officials,civic groups, citizêñs and aganciac Testified in court on city Trip and Fall cases and at Small Claims Accacemant Review Part (SCARP) hearings. Received last maritorious increase in 2008 for outstanding work. 12 of 13 FILED: QUEENS COUNTY CLERK 10/02/2019 09:00 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/02/2019 DEPUTY DIRECTOR SIDEWALK PROGRAM DIRECTOR SIDEWALK COMPLAINT UNIT In charge of designing, training and debugging assessment system for billing property owners for sidewalk repairs threügh0üt New York City. Assisted in rewriting new sidewåli legislatión (Fe!dmanlMega Law). This legislation clearly sets forth the rights of property owners. Supervised a unit in charge of logging complâints regarding sidewalk billsand ensure thatallcc=;!:!:ts are acted upon in a timely manner as stated in the Feldman/Mega Law. Respond to Ccmmim!oner correspondence regarding sidewalk issues. Head of the sidewâ:k Assessment Review Board (SARB) prc=:!gated by legislation. Meet with board members to determine validityof various sidevvaik issues. Testified in court. DIRECTOR OF PRIOR NOTIFICATION UNIT /TECHNICAL AFFAIRS Deoartment of Transacitation Legal Affairs and Intergovernmental P alatianc 295 Lafayette Street New York, New York 10012 1981 - March 1991 February As Director of the PriorNotification Unit, managed a staffof fifteenemplayees engaged in the administration of the New York City Local Law 82. The law requires the City of New York to process written notification of street and sidewalk defects and repair them within fifteen days of receipt,so that the City can limit its liability.Formulated procedures forhandling the Big Apple Pothole and Sidewalk Protection Corporation (BAPASPC) maps. Assisted in the design and fonuülatiGñ of the operaticñ. Ensured that the coding, logging and filingof notices were completed expeditiêüs!y. Formulated procedures forperforming legal searches for the Comptraller's Office, the Law Department and privatecitizens,and fortestifying incourt and at eva=i==tions before trial. In additics, promoted to the position of Director of Technical Affairs (Administratica) in July, 1987. Managed a staff of 20 eniplayees responsible for litigationsupport for the Department of Transportation. Drafted and initiated forms and pr0cedures that trackad the work flow in each barcagh. DIRECTOR OF OFFICE SERVICES/PUBLIC RECORDS ACCESS OFFICER 1978 - June 1981 July Responsible for the management of a staff of 30 employees whose duties ine!uded the p ocessing of all correspcadence, mailing messenger and printing services for the entire Department, which serves over 6,000 chiplüyees citywide. In charge of project team that analyzed reproduction cquipment needs for the Department and itsenst;teêñt agencies. Made determinaticñs as to whether in-house equinment was operating within cost effectiveguidelines. Conducted research and made recommendations which resulted in savings of $20,000 yearly. As Public Records Access Officer, ensured that all records requested from archives were Gbtained in a timely manner and thatrecords were sent to archives in accordance with :=ceMs retêñtica schedule forentire department. Promoted from Assistant Director of Office Services in September 1979. 13 of 13