Preview
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
EXHIBIT G
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
165 Ledge Street Suite 7
Nashua, NH 03060
Tel: (603)732-9119
Trip and Fall Investigation
EFI Global File No.: 011.04878
July 25, 2021
JACA Entertainment Corp.
95-99 Lafayette Avenue
Suffern, NY 10901
Date of Loss: October 19, 2019
Claim No.: 23747045
Prepared For:
Burke, Conway, and Stiefeld
c/o: Atty. Marc Stiefeld
10 Bank Street, Suite 1200
White Plains, NY 10606
Alexis-Jaye.Mullane@LibertyMutual.com
Report Authored By: Technical Review By:
John P. Gilewicz, P.E., CXLT Gary L. Whightsil, Sr. CXLT
Principal Structural Engineer Senior Reviewer
NY P.E. #68208
Exp: June 30, 2024
I hereby certify that this engineering document was prepared by me and that I am a duly licensed Professional Engineer in the state referenced in the signature
line above. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copy. Hard copies of this
report with a “wet-seal” can be provided upon request. This report is furnished as privileged and confidential to addressee. Release to any other party is the
sole responsibility of addressee. ©2021 EFI Global, Inc.
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
EFI Global File No.: 011.04878
ASSIGNMENT
The assignment was received by EFI Global, Inc. (EFI) on April 26, 2021, from Alexis-Jaye Mullane with Liberty
Mutual Insurance. The scope of this assignment was to evaluate the exterior stairs to determine their compliance
with building codes.
In response to this request, John Gilewicz, P.E., (EFI) visited the site on May 3, 2021. Ms. JulieSuppes, the
insured’s representative, was present for portions of the exam and provided access to the site.
EFI Global, Inc. (EFI) has completed an engineering examination at the subject property located at the above loss
location. EFI’s findings, analysis, and conclusions are included herein. This report contains a discussion of the
information gathered during the assessment and an analysis and conclusions with respect to the condition of the
subject property at the time of EFI’s assessment. The conclusions contained herein are based on information
available to date.
METHODOLOGY
The collection and analysis of information for this project followed an application of engineering principles to the
investigation analysis.
The procedures followed included:
1. Upon receipt of the assignment, EFI contacted the Client and scheduled a site examination for May
3, 2021.
2. A site examination was conducted on May 3, 2021.
3. The following documents were reviewed:
a. The New York State Building Code.
b. The International Building Code.
4. After providing a verbal report, Atty. Mark Stiefeld requested that this report be prepared.
BACKGROUND
The following information was gathered during the site visit and from the Client:
• The claimant was departing the theater and using an exit door located along the west side of the building.
• He stepped outside and fell.
• The stairs were in the same condition as on the DoL.
BUILDING AND SITE DESCRIPTION
According to the Town of Ramapo, NY Tax Assessor web site, the building was purchased by the Insured on
January 2, 2012.1 The original date of construction is not listed, but EFI was advised that it was circa 1920’s.
1
https://www.sca-
corp.com/pasassessments/index.cfm?id=1&janowCentral=ccc.parcel&parcel=39260705403500020540000000&site=1
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
EFI Global File No.: 011.04878
The subject building is a commercial theater. Access to the building is from Lafayette Avenue, with the exterior
stairs where the reported slip and fall occurred located along the right (west) side.
SITE OBSERVATIONS
Observations were limited to visual examinations and measurements of accessible portions of the subject
property. Removal of finish materials, qualitative testing, excavation, or other work not specifically described
herein was not conducted.
Observations were photographed to document existing conditions at the subject property on the date of the site
visit. They may also document unusual or contributing conditions that may exist. Photographs captured to
document findings and observations are attached to this report. During this investigation, the following
observations were made:
EXTERIOR STAIRS:
The following was observed to the exterior stairs:
• There were four risers from the exterior doorway down to the public alley. See Picture #4.
• The stairs consisted of precast concrete.
CODE ANALYSIS
Since the building was constructed circa 1920, EFI reviewed the applicable state building codes. It is important to
note that the State of New York created a voluntary State Building Construction Code in the 1950’s, some 30
years after the construction of the subject building. However, this code was for one and two-family dwellings.
The first State of New York Building Code was the State Fire Prevention Code, written in 1976, and subsequently
modified and updated. Neither of these codes included requirements related to exit stairs except to indicate they
should not be obstructed. Regulations pertaining to the exit stairs, landings, platforms, and railings were not
codified until the 1980’s.
Since no code was in place at the time of construction, the exit was not in violation at the time of construction.
Furthermore, all codes since the 1980’s have permitted buildings predating the code to continue being occupied
without requiring they be upgraded to satisfy the updated code. The following is an example from the
International Existing Building Code (IEBC):
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
EFI Global File No.: 011.04878
It should also be noted that the local Authority Having Jurisdiction (AHJ) may require that certain portions of a
building be upgraded to satisfy current code requirements. This is usually required when there is a change of use
to a building, or if substantial alterations to the building are made as defined by the IEBC. When this occurs, the
AHJ will issue a letter to the building owner identifying the problem, directing remediations to correct the defect,
and subsequently verifying that the remediations were correctly implemented. In this instance, no change of use
has been reported, and EFI is not aware of any issues identified by the AHJ mandating corrective action.
Therefore, the subject stairs are not in violation of any applicable code.
DISCUSSION
As discussed above, EFI was asked to determine whether or not the stairs were required to be in compliance with
the current building code. EFI offers the following opinion:
• The construction of the stairs was not in violation of any code at the time of construction and, to the best
of EFI’s knowledge, was not under any municipal order to modify the stairs.
CONCLUSIONS
Based upon the available information and EFI’s site examination, it is EFI’s opinion that the construction of the
stairs was not required to comply with the currently applicable building codes.
APPENDICES
Representative photographs are included with this report. Additional photographs captured at the time of the
inspection are available upon request.
• Appendix A – Photographs
LIMITATIONS
The information presented in this report addresses the limited objectives related to the evaluation of this
assignment. The opinions presented in this report have been made to a reasonable degree of scientific and
engineering certainty based upon the information available at the time this report was authored. This report only
describes the conditions present at the time of EFI’s examination and is only based upon the observations made.
This analysis was limited to the scope of work outlined in this report. This report is not intended to fully delineate
or document every defect or deficiency throughout the subject property.
The opinions contained within this report are limited to the circumstances associated with this assignment, and
are based on this author’s education, experience, and training. Should additional information which relates to
this evaluation become known, EFI reserves the right to alter the opinions contained in this report as necessary.
In some cases, additional studies may be warranted to fully evaluate conditions noted.
This report is furnished as privileged and confidential to the addressee. Release to any other company, concern,
or individual is solely the responsibility of the addressee. Any verbal statements made before, during, or after
the course of the assignment were made as a courtesy only and are not considered a part of this report. Any
reuse of this report or the findings, conclusions, or recommendations presented herein without the express
written consent of EFI is prohibited.
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
EFI Global File No.: 011.04878
CLOSING
EFI appreciates this opportunity to provide consulting services related to this matter. Please contact us should
any questions arise concerning this report, or if we may be of further assistance.
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
EFI Global File No.: 011.04878
APPENDIX A
PHOTOGRAPHS
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
GNTy CHAPTe
Photo No. 1: Front face of subject building. Subject of this investigation was exit stairson rightside
of building. Courtesy of Google Earth.
. /
Photo No. 2: Aerial view of building. Approximate location of exitstairs shown. Courtesy Google
Earth.
1
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
Photo No. 3: View of exit stairs.
Photo No. 4: Side view of exit stairslooking north.
2
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
Photo No. 5: Side view of exit stairs|G0kiñg south.
11-3/4"
Photo No. 6: Exit stairtreads measured
3
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
7-1/4" 7-3/8"
Photo No. 7: Riser height varied betweeñ and except for bottom riser onto walkway,
4-1/4"
which was in height.
77-1/5"
Photo No. 8: Stairs were wide.
4
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
Photo No. 9: Prior repair to front edge of tread.
e e.
,
Photo No. 10: Bottom riser.
5
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
Photo No. 11: Interior view of exitdoor.
WATC OUR
Photo No. 12: Enlarged detail of sign on exitdoor. Note wari lig.
6
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
Photo No. 13: Additional warning sign on exit doors.
Photo No. 14: View of exit from inside.
7
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Insured: JACA Entertainment Corp.
Claim #: 2374045
EFI Global File#: 011.04878
May 3, 2021
Photo No. 15: View from inside looking at steps.
8
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
John P. Gilewicz, P.E., CXLT, CIT
Principal Structural Engineer
165 Ledge Street, Suite 7, Nashua, NH 03060
603.732.9119
john.gilewwicz@efiglobal.com
Professional Summary:
John is a licensed Structural Engineer in multiple jurisdictions throughout the United States. Prior
to joining EFI, John owned and operated his own consulting firm, specializing in the design,
construction, and forensic analysis of a wide array of structures and facilities. During the 25 years
managing the company, John was responsible for the design of more than 15,000,000 square feet
of commercial, retail, and institutional space. In addition, John has provided extensive Structural
Analysis and Design services to a wide array of Fortune 500 companies across the United States,
Canada, and Mexico. Clients include General Motors, Delphi, Anheuser Busch, and Alcoa Aluminum.
John has also provided services to various governmental agencies including the U.S. Army Corps
of Engineers, the United States Navy, and the National Aeronautics and Space Administration.
John’s work often involved the design of complex systems and facilities,including large scale
industrial foundations and framing for manufacturing and process equipment requiring dynamic
analysis. This work included the dynamic analysis of large complex foundations as well as the
investigations of failed foundations and the design of foundation repairs.
In addition to more than 25 years of Professional Design experience, John has also performed
numerous forensic investigations for alltypes of structures including single family residences,
commercial structures, and industrial facilities.This work has included providing Expert Witness
testimony in New York, Massachusetts, Maine, and Vermont.
John is also a member in the American Society of Civil Engineers, the American Concrete Institute,
the American Institute of Steel Construction, the American Wood Council, and the National Society
of Professional Engineers.
John has specialized in the detailed analysis of slip and fall and trip and fall losses. He is a Certified
Tribometrist, and has provided extensive code analysis based on current and historic codes. He is
also a Certified Infrared Thermographer, and has analyzed numerous roofs to determine the extent
of water infiltration beneath roof membranes. He is also an Unmanned Aerial Vehicle operator,
licensed by the FAA.
John’s expertise includes, but is not limited to:
• Analysis, design, and repair of large foundations.
• Design of wood, timber, and masonry framed structures.
• Design of steel framed commercial, institutional, and retail facilities.
• Construction failure investigations.
• Slip and Fall Investigations.
• Trip and fall investigations.
• Current and historic Code and Standards analysis and interpretation.
©2021 EFI Global, Inc. 1
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Licenses and Certifications:
Professional Engineer, Connecticut, #21194
Professional Engineer, Florida, #81453
Professional Engineer, Illinois, #062-052741
Professional Engineer, Maine, #14302
Professional Engineer, Massachusetts, #33699
Professional Engineer, Michigan, #43447
Professional Engineer, Minnesota, #26664
Professional Engineer, New Hampshire, #15133
Professional Engineer, New York, #068208
Professional Engineer, Ohio, #E-63218
Professional Engineer, Pennsylvania, #PE05069
Professional Engineer, Rhode Island, #0011917
Professional Engineer, Wisconsin, #33212
Professional Engineer, Vermont, #18.0115148
National Engineering Registration, NCEES, 17-419-63
Certified Excel Tribometrist (2016)
Certified Infrared Thermographer (2020)
FAA Part 107 Small Unmanned Aircraft Systems (sUAS) Remote Pilot Certification
Project Experience:
The sample projects here outline a small sampling of the types of projects and losses Mr. Gilewicz regularly
designs and investigates. For further information or additional examples, please contact EFI Global.
Starrag Milling Machine Foundations, Philadelphia, PA
Foundation Designs
Designed numerous foundations to support large scale milling machines used to manufacture
ship propellers. Included design of pile foundations.
Anheuser Busch, Multiple Locations
Dynamic analysis of machine foundations
Failure analysis of machine foundations supporting high speed can manufacturing equipment.
Work included dynamic analysis, determination of failure mode, and design of repairs.
©2018 EFI Global, Inc. 2
©2021 EFI Global, Inc. 2
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
National Aeronautics and Space Administration & Lockheed Martin
Design of Mobile Launch Mock-up Platform
Designed mockup of a portion of the existing Mobile Launch Platform used at Cape Kennedy. Used
to test launch components for the Atlas V rocket system.
Homewood Suites, Amherst, NY
Structural Design of Six Story Masonry Hotel
Complete design and Engineer of Record Construction Monitoring for a six-story masonry and plank
hotel, including shear wall design and reinforcement for lateral loads including wind and
earthquake.
Construction Failure Investigation
Failed City Municipal Sewer Lines, Portland ME
Investigated the origin and cause for the failure of newly constructed municipal sewer lines.
Slip and Fall Investigation
Restaurant, New Jersey
Evaluated the construction, maintenance, and slip resistance of a flooring system at a national
chain restaurant.
Trip and Fall
Wooster, MA
Investigated an alleged trip and fall loss. Work included code analysis for both current and historic
codes, construction of stairs, railings, and landings, and an evaluation of the site lighting.
Court Qualifications/Depositions:
Trial: Failed Concrete Retaining Wall, NY Civil Court, Buffalo, NY, 1995
Deposition: Building collapse investigation, Buffalo, NY, 2002
Deposition: Perry v. Green Mountain Power, Vermont, 2019
Arbitration: Liberty Bell Moving v. IAS Insurance Group, 2019
Professional Experience:
EFI Global, Principal Structural Engineer, 2020-Present
EFI Global, Senior Forensic Engineer/Team Lead, 2018-2020
EFI Global/Unified Investigations and Sciences, Senior Forensic Engineer, 2014 - 2018
Parker Bay Engineering, President, 1990 - 2015
Structures Engineering, Chief Structural Engineer, 1982 - 1990
©2021 EFI Global, Inc. 3
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Specialized Education:
Repairs of Wood Trusses, 2018
Forensic Engineering and Analysis of Metallurgical Components, 2018
Mechanical Engineering, 2018
Fire Safety of Wood, 2018
Evaluation of Existing Structures, 2018
Determining Negligence in Engineering Failures, 2018
Certified Licensed Tribometrist, 2017
Certified Commercial Roof Inspector, 2015
Certified Residential Roof Inspector, 2016
Globally Harmonized System of Classification and Labeling of Chemicals, 2015
Forensic Investigation, 2015
Failure Appraisement, 2015)
How Things Break: Fatigue, 2015
Biodeterioration of Wood, 2015
Finding the Root Cause, 2015
Construction of Residential Buildings in Coastal Areas, 2015
The Green Effect, 2015
Drainage Design: What Year Event Really Means, 2015
Design Considerations and Construction Technologies for Modern Wood Buildings, 2015
Introduction to Construction Safety, 2015
Engineering Triumph: Living Large and Material World, 2015
Fuses and Circuit Breakers Operation and Coordination, 2015
Design of Heavy Timber and Sawn Wood Construction, 2014
Heavy Timber and Sawn Wood Construction, 2013
Building Demolition, Planning, and Execution for Design Professionals, 2013
Steel Design, 2013
Geotechnical Exploration and Construction Materials, 2013
The Green Turbine, 2013
Pitfalls of Unreinforced Masonry Construction, 2013
Wind Loading: Design of Wind Resistant Buildings and Structures, 2013
Restoration and Rehabilitation of Historic Buildings, 2012
Engineering Ethics: Engineering Failures in History, 2012
Design and Construction of Continuous Flight Augur Piles, 2012
Structural Vibration Frequency Analysis of Beams, 2012
Full Depth Repair of Concrete, 2012
Residential Guide to Earthquake Design, Part 1 and 2, 2011
Design of Heavy-Duty Concrete Floor Slabs on Grade, 2011
Admixture Design and Specification for Concrete, 2011
Steel Column Design: Comparison between ASD/LRFD Steel Construction Manual
Seismic Restraint for Mechanical Equipment, 2010
Excavation Hazards, 2010
Cold Weather Concrete Placement, 2010
Vapor Barriers Under Concrete Slabs – Selection and Location, 2010
Mechanical Properties of Wood, 2010
Earthquake Design of Equipment and Supports: Response Spectrum Method, 2010
©2021 EFI Global, Inc. 4
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021
Education:
Bachelor of Science in Civil Engineering, Columbia University in the City of New York, New York,
NY, 1981
Affiliations:
Member, American Concrete Institute (ACI)
Member, American Institute of Steel Construction (AISC)
Member, American Wood Council (AWC)
Member, National Society of Professional Engineers (NSPE)
Courses Instructed/ Guest Lecturer:
“Slip and Fall Claims and Investigations”
“My foundation is cracked – what should I do?”
“House construction from the ground up”
“Making Assumptions without a Proper Investigation”
Publications and Presentations:
Gilewicz, John, “Body Makers: Reducing Downtime and Costly Repairs” , Can Tech Magazine,
2009
©2021 EFI Global, Inc. 5
Preview
FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 EXHIBIT G FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 165 Ledge Street Suite 7 Nashua, NH 03060 Tel: (603)732-9119 Trip and Fall Investigation EFI Global File No.: 011.04878 July 25, 2021 JACA Entertainment Corp. 95-99 Lafayette Avenue Suffern, NY 10901 Date of Loss: October 19, 2019 Claim No.: 23747045 Prepared For: Burke, Conway, and Stiefeld c/o: Atty. Marc Stiefeld 10 Bank Street, Suite 1200 White Plains, NY 10606 Alexis-Jaye.Mullane@LibertyMutual.com Report Authored By: Technical Review By: John P. Gilewicz, P.E., CXLT Gary L. Whightsil, Sr. CXLT Principal Structural Engineer Senior Reviewer NY P.E. #68208 Exp: June 30, 2024 I hereby certify that this engineering document was prepared by me and that I am a duly licensed Professional Engineer in the state referenced in the signature line above. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copy. Hard copies of this report with a “wet-seal” can be provided upon request. This report is furnished as privileged and confidential to addressee. Release to any other party is the sole responsibility of addressee. ©2021 EFI Global, Inc. FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. EFI Global File No.: 011.04878 ASSIGNMENT The assignment was received by EFI Global, Inc. (EFI) on April 26, 2021, from Alexis-Jaye Mullane with Liberty Mutual Insurance. The scope of this assignment was to evaluate the exterior stairs to determine their compliance with building codes. In response to this request, John Gilewicz, P.E., (EFI) visited the site on May 3, 2021. Ms. JulieSuppes, the insured’s representative, was present for portions of the exam and provided access to the site. EFI Global, Inc. (EFI) has completed an engineering examination at the subject property located at the above loss location. EFI’s findings, analysis, and conclusions are included herein. This report contains a discussion of the information gathered during the assessment and an analysis and conclusions with respect to the condition of the subject property at the time of EFI’s assessment. The conclusions contained herein are based on information available to date. METHODOLOGY The collection and analysis of information for this project followed an application of engineering principles to the investigation analysis. The procedures followed included: 1. Upon receipt of the assignment, EFI contacted the Client and scheduled a site examination for May 3, 2021. 2. A site examination was conducted on May 3, 2021. 3. The following documents were reviewed: a. The New York State Building Code. b. The International Building Code. 4. After providing a verbal report, Atty. Mark Stiefeld requested that this report be prepared. BACKGROUND The following information was gathered during the site visit and from the Client: • The claimant was departing the theater and using an exit door located along the west side of the building. • He stepped outside and fell. • The stairs were in the same condition as on the DoL. BUILDING AND SITE DESCRIPTION According to the Town of Ramapo, NY Tax Assessor web site, the building was purchased by the Insured on January 2, 2012.1 The original date of construction is not listed, but EFI was advised that it was circa 1920’s. 1 https://www.sca- corp.com/pasassessments/index.cfm?id=1&janowCentral=ccc.parcel&parcel=39260705403500020540000000&site=1 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. EFI Global File No.: 011.04878 The subject building is a commercial theater. Access to the building is from Lafayette Avenue, with the exterior stairs where the reported slip and fall occurred located along the right (west) side. SITE OBSERVATIONS Observations were limited to visual examinations and measurements of accessible portions of the subject property. Removal of finish materials, qualitative testing, excavation, or other work not specifically described herein was not conducted. Observations were photographed to document existing conditions at the subject property on the date of the site visit. They may also document unusual or contributing conditions that may exist. Photographs captured to document findings and observations are attached to this report. During this investigation, the following observations were made: EXTERIOR STAIRS: The following was observed to the exterior stairs: • There were four risers from the exterior doorway down to the public alley. See Picture #4. • The stairs consisted of precast concrete. CODE ANALYSIS Since the building was constructed circa 1920, EFI reviewed the applicable state building codes. It is important to note that the State of New York created a voluntary State Building Construction Code in the 1950’s, some 30 years after the construction of the subject building. However, this code was for one and two-family dwellings. The first State of New York Building Code was the State Fire Prevention Code, written in 1976, and subsequently modified and updated. Neither of these codes included requirements related to exit stairs except to indicate they should not be obstructed. Regulations pertaining to the exit stairs, landings, platforms, and railings were not codified until the 1980’s. Since no code was in place at the time of construction, the exit was not in violation at the time of construction. Furthermore, all codes since the 1980’s have permitted buildings predating the code to continue being occupied without requiring they be upgraded to satisfy the updated code. The following is an example from the International Existing Building Code (IEBC): FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. EFI Global File No.: 011.04878 It should also be noted that the local Authority Having Jurisdiction (AHJ) may require that certain portions of a building be upgraded to satisfy current code requirements. This is usually required when there is a change of use to a building, or if substantial alterations to the building are made as defined by the IEBC. When this occurs, the AHJ will issue a letter to the building owner identifying the problem, directing remediations to correct the defect, and subsequently verifying that the remediations were correctly implemented. In this instance, no change of use has been reported, and EFI is not aware of any issues identified by the AHJ mandating corrective action. Therefore, the subject stairs are not in violation of any applicable code. DISCUSSION As discussed above, EFI was asked to determine whether or not the stairs were required to be in compliance with the current building code. EFI offers the following opinion: • The construction of the stairs was not in violation of any code at the time of construction and, to the best of EFI’s knowledge, was not under any municipal order to modify the stairs. CONCLUSIONS Based upon the available information and EFI’s site examination, it is EFI’s opinion that the construction of the stairs was not required to comply with the currently applicable building codes. APPENDICES Representative photographs are included with this report. Additional photographs captured at the time of the inspection are available upon request. • Appendix A – Photographs LIMITATIONS The information presented in this report addresses the limited objectives related to the evaluation of this assignment. The opinions presented in this report have been made to a reasonable degree of scientific and engineering certainty based upon the information available at the time this report was authored. This report only describes the conditions present at the time of EFI’s examination and is only based upon the observations made. This analysis was limited to the scope of work outlined in this report. This report is not intended to fully delineate or document every defect or deficiency throughout the subject property. The opinions contained within this report are limited to the circumstances associated with this assignment, and are based on this author’s education, experience, and training. Should additional information which relates to this evaluation become known, EFI reserves the right to alter the opinions contained in this report as necessary. In some cases, additional studies may be warranted to fully evaluate conditions noted. This report is furnished as privileged and confidential to the addressee. Release to any other company, concern, or individual is solely the responsibility of the addressee. Any verbal statements made before, during, or after the course of the assignment were made as a courtesy only and are not considered a part of this report. Any reuse of this report or the findings, conclusions, or recommendations presented herein without the express written consent of EFI is prohibited. FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. EFI Global File No.: 011.04878 CLOSING EFI appreciates this opportunity to provide consulting services related to this matter. Please contact us should any questions arise concerning this report, or if we may be of further assistance. FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. EFI Global File No.: 011.04878 APPENDIX A PHOTOGRAPHS FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 GNTy CHAPTe Photo No. 1: Front face of subject building. Subject of this investigation was exit stairson rightside of building. Courtesy of Google Earth. . / Photo No. 2: Aerial view of building. Approximate location of exitstairs shown. Courtesy Google Earth. 1 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 Photo No. 3: View of exit stairs. Photo No. 4: Side view of exit stairslooking north. 2 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 Photo No. 5: Side view of exit stairs|G0kiñg south. 11-3/4" Photo No. 6: Exit stairtreads measured 3 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 7-1/4" 7-3/8" Photo No. 7: Riser height varied betweeñ and except for bottom riser onto walkway, 4-1/4" which was in height. 77-1/5" Photo No. 8: Stairs were wide. 4 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 Photo No. 9: Prior repair to front edge of tread. e e. , Photo No. 10: Bottom riser. 5 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 Photo No. 11: Interior view of exitdoor. WATC OUR Photo No. 12: Enlarged detail of sign on exitdoor. Note wari lig. 6 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 Photo No. 13: Additional warning sign on exit doors. Photo No. 14: View of exit from inside. 7 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Insured: JACA Entertainment Corp. Claim #: 2374045 EFI Global File#: 011.04878 May 3, 2021 Photo No. 15: View from inside looking at steps. 8 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 John P. Gilewicz, P.E., CXLT, CIT Principal Structural Engineer 165 Ledge Street, Suite 7, Nashua, NH 03060 603.732.9119 john.gilewwicz@efiglobal.com Professional Summary: John is a licensed Structural Engineer in multiple jurisdictions throughout the United States. Prior to joining EFI, John owned and operated his own consulting firm, specializing in the design, construction, and forensic analysis of a wide array of structures and facilities. During the 25 years managing the company, John was responsible for the design of more than 15,000,000 square feet of commercial, retail, and institutional space. In addition, John has provided extensive Structural Analysis and Design services to a wide array of Fortune 500 companies across the United States, Canada, and Mexico. Clients include General Motors, Delphi, Anheuser Busch, and Alcoa Aluminum. John has also provided services to various governmental agencies including the U.S. Army Corps of Engineers, the United States Navy, and the National Aeronautics and Space Administration. John’s work often involved the design of complex systems and facilities,including large scale industrial foundations and framing for manufacturing and process equipment requiring dynamic analysis. This work included the dynamic analysis of large complex foundations as well as the investigations of failed foundations and the design of foundation repairs. In addition to more than 25 years of Professional Design experience, John has also performed numerous forensic investigations for alltypes of structures including single family residences, commercial structures, and industrial facilities.This work has included providing Expert Witness testimony in New York, Massachusetts, Maine, and Vermont. John is also a member in the American Society of Civil Engineers, the American Concrete Institute, the American Institute of Steel Construction, the American Wood Council, and the National Society of Professional Engineers. John has specialized in the detailed analysis of slip and fall and trip and fall losses. He is a Certified Tribometrist, and has provided extensive code analysis based on current and historic codes. He is also a Certified Infrared Thermographer, and has analyzed numerous roofs to determine the extent of water infiltration beneath roof membranes. He is also an Unmanned Aerial Vehicle operator, licensed by the FAA. John’s expertise includes, but is not limited to: • Analysis, design, and repair of large foundations. • Design of wood, timber, and masonry framed structures. • Design of steel framed commercial, institutional, and retail facilities. • Construction failure investigations. • Slip and Fall Investigations. • Trip and fall investigations. • Current and historic Code and Standards analysis and interpretation. ©2021 EFI Global, Inc. 1 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Licenses and Certifications: Professional Engineer, Connecticut, #21194 Professional Engineer, Florida, #81453 Professional Engineer, Illinois, #062-052741 Professional Engineer, Maine, #14302 Professional Engineer, Massachusetts, #33699 Professional Engineer, Michigan, #43447 Professional Engineer, Minnesota, #26664 Professional Engineer, New Hampshire, #15133 Professional Engineer, New York, #068208 Professional Engineer, Ohio, #E-63218 Professional Engineer, Pennsylvania, #PE05069 Professional Engineer, Rhode Island, #0011917 Professional Engineer, Wisconsin, #33212 Professional Engineer, Vermont, #18.0115148 National Engineering Registration, NCEES, 17-419-63 Certified Excel Tribometrist (2016) Certified Infrared Thermographer (2020) FAA Part 107 Small Unmanned Aircraft Systems (sUAS) Remote Pilot Certification Project Experience: The sample projects here outline a small sampling of the types of projects and losses Mr. Gilewicz regularly designs and investigates. For further information or additional examples, please contact EFI Global. Starrag Milling Machine Foundations, Philadelphia, PA Foundation Designs Designed numerous foundations to support large scale milling machines used to manufacture ship propellers. Included design of pile foundations. Anheuser Busch, Multiple Locations Dynamic analysis of machine foundations Failure analysis of machine foundations supporting high speed can manufacturing equipment. Work included dynamic analysis, determination of failure mode, and design of repairs. ©2018 EFI Global, Inc. 2 ©2021 EFI Global, Inc. 2 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 National Aeronautics and Space Administration & Lockheed Martin Design of Mobile Launch Mock-up Platform Designed mockup of a portion of the existing Mobile Launch Platform used at Cape Kennedy. Used to test launch components for the Atlas V rocket system. Homewood Suites, Amherst, NY Structural Design of Six Story Masonry Hotel Complete design and Engineer of Record Construction Monitoring for a six-story masonry and plank hotel, including shear wall design and reinforcement for lateral loads including wind and earthquake. Construction Failure Investigation Failed City Municipal Sewer Lines, Portland ME Investigated the origin and cause for the failure of newly constructed municipal sewer lines. Slip and Fall Investigation Restaurant, New Jersey Evaluated the construction, maintenance, and slip resistance of a flooring system at a national chain restaurant. Trip and Fall Wooster, MA Investigated an alleged trip and fall loss. Work included code analysis for both current and historic codes, construction of stairs, railings, and landings, and an evaluation of the site lighting. Court Qualifications/Depositions: Trial: Failed Concrete Retaining Wall, NY Civil Court, Buffalo, NY, 1995 Deposition: Building collapse investigation, Buffalo, NY, 2002 Deposition: Perry v. Green Mountain Power, Vermont, 2019 Arbitration: Liberty Bell Moving v. IAS Insurance Group, 2019 Professional Experience: EFI Global, Principal Structural Engineer, 2020-Present EFI Global, Senior Forensic Engineer/Team Lead, 2018-2020 EFI Global/Unified Investigations and Sciences, Senior Forensic Engineer, 2014 - 2018 Parker Bay Engineering, President, 1990 - 2015 Structures Engineering, Chief Structural Engineer, 1982 - 1990 ©2021 EFI Global, Inc. 3 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Specialized Education: Repairs of Wood Trusses, 2018 Forensic Engineering and Analysis of Metallurgical Components, 2018 Mechanical Engineering, 2018 Fire Safety of Wood, 2018 Evaluation of Existing Structures, 2018 Determining Negligence in Engineering Failures, 2018 Certified Licensed Tribometrist, 2017 Certified Commercial Roof Inspector, 2015 Certified Residential Roof Inspector, 2016 Globally Harmonized System of Classification and Labeling of Chemicals, 2015 Forensic Investigation, 2015 Failure Appraisement, 2015) How Things Break: Fatigue, 2015 Biodeterioration of Wood, 2015 Finding the Root Cause, 2015 Construction of Residential Buildings in Coastal Areas, 2015 The Green Effect, 2015 Drainage Design: What Year Event Really Means, 2015 Design Considerations and Construction Technologies for Modern Wood Buildings, 2015 Introduction to Construction Safety, 2015 Engineering Triumph: Living Large and Material World, 2015 Fuses and Circuit Breakers Operation and Coordination, 2015 Design of Heavy Timber and Sawn Wood Construction, 2014 Heavy Timber and Sawn Wood Construction, 2013 Building Demolition, Planning, and Execution for Design Professionals, 2013 Steel Design, 2013 Geotechnical Exploration and Construction Materials, 2013 The Green Turbine, 2013 Pitfalls of Unreinforced Masonry Construction, 2013 Wind Loading: Design of Wind Resistant Buildings and Structures, 2013 Restoration and Rehabilitation of Historic Buildings, 2012 Engineering Ethics: Engineering Failures in History, 2012 Design and Construction of Continuous Flight Augur Piles, 2012 Structural Vibration Frequency Analysis of Beams, 2012 Full Depth Repair of Concrete, 2012 Residential Guide to Earthquake Design, Part 1 and 2, 2011 Design of Heavy-Duty Concrete Floor Slabs on Grade, 2011 Admixture Design and Specification for Concrete, 2011 Steel Column Design: Comparison between ASD/LRFD Steel Construction Manual Seismic Restraint for Mechanical Equipment, 2010 Excavation Hazards, 2010 Cold Weather Concrete Placement, 2010 Vapor Barriers Under Concrete Slabs – Selection and Location, 2010 Mechanical Properties of Wood, 2010 Earthquake Design of Equipment and Supports: Response Spectrum Method, 2010 ©2021 EFI Global, Inc. 4 FILED: ROCKLAND COUNTY CLERK 10/12/2021 02:19 PM INDEX NO. 032033/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/12/2021 Education: Bachelor of Science in Civil Engineering, Columbia University in the City of New York, New York, NY, 1981 Affiliations: Member, American Concrete Institute (ACI) Member, American Institute of Steel Construction (AISC) Member, American Wood Council (AWC) Member, National Society of Professional Engineers (NSPE) Courses Instructed/ Guest Lecturer: “Slip and Fall Claims and Investigations” “My foundation is cracked – what should I do?” “House construction from the ground up” “Making Assumptions without a Proper Investigation” Publications and Presentations: Gilewicz, John, “Body Makers: Reducing Downtime and Costly Repairs” , Can Tech Magazine, 2009 ©2021 EFI Global, Inc. 5