Motion to Amend in Sid Cohen Est Of, Iris Cohen Exx v. Jaca Entertainment Corp, Abna I Realty Llc| Trellis.Law

On June 02, 2020 a Exhibit,Appendix was filed involving a dispute between Iris Cohen Exx, Sid Cohen Est Of, and Abna I Realty Llc, Jaca Entertainment Corp, for Torts - Other Negligence (Trip and Fall) in the District Court of Rockland County.

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FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

EXHIBIT “C”
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
--------------------------------
------------X Index No.: 032033/2020E
IRIS COHEN, as Executor of the Estate of SID

COHEN, Deceased,

Plaintiff, AMENDED RESPONSE TO
DEMAND FOR EXPERT
WITNESS INFORMATION
-against-
§3101(d)

JACA ENTERTAINMENT CORP, and ABNA I

REALTY LLC,
Defendants.
____________________--__.....---....__............ ..-X

PLEASE TAKE NOTICE, that Plaintiff IRIS COHEN, as Executor of the Estate of

SID COHEN, Deceased by and through his attorneys, Ian C. Daiter, PLLC, sets forth as

follows, pursuant to CPLR §3101(d):

1. Plaintiff herein intends to call Jan Degeñshein, AIA FAICP LEED AP for

the purpose of giving testimony at the time of trial. Mr. Degenshein maintains offices

located at 407 Newtown Avenue, Norwalk CT 06851.

2. Mr. Degenshein will testify as to the various code violations and

failure to adhere to standards under The Uniform Code and its various sub codes

including the International Existing Building Code (IEBC), the International Fire

Code (IFC), and the International Property Maintenañce Code (IPMC), Village of

Suffern Code and the Federal Americans with Dis:ahilities Act (ADA) Architectural

Guidelines.

3. Based upon his general kncwledge and expertise in the field of

Architectural Science and Planning, Mr. Degenshein will testify as to applicability of

and failure by Defendants to adhere to the certain standards, such as those ascribed
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

in the New York State Statute: The Uniform Code and itsvarious sub codes including

the International Existing Building Code (IEBC), the International Fire Code (IFC),

and the Intemational Property Maintenance Code (IPMC). More particularly he will

testify to violations including but not limited to the following: 1) The Uniform Code

- IPM - Chapter 1 Scope and Administration - Sections 101.2 101.3
(Scope),

(Intent), 104.1 (General), 108 .1.1 (Unsafe Structures and Equipment), 108.1.5

)Dangerous structure or premises), 702 (Means of Egress) Chapter 3 General

Requiremêñts - Section 302 (Exterior 304 (Exterior
Property Areas), Structure),

Chapter 7 Fire Requirements - Section 702.1 (Means of The
Safety Egress); 2)

Uniform Code - IFC Chapter 10 Means of SecHon 1011 The
Egress, (Stairways), 3)

Uniform Code, IEBC Chapter 1 Scope and Administration. Mr. Degenshein will

further testify that these books of the International Building Code Suite are provided

for the safe occupancy of a building regardless of itsuse and age and that the 2015

Uniform Code require improv cmcuts to the subject stairs, including at a minimum a

platform at the top and bottom of the stair run and equal stair riser heights. He will

further testify that the ADA and its architectural guidelines have been incorporated

into the International Building Code and the Defendants have had time to correct

ADA deficiencies and have failed to do so.

4. A copy of Mr. Degenhain's curriculum vitae is annexed hereto.

5. The substance of the facts and opinions of which Mr. Degenshein will

testify to is based on his inspection of the physical premises and a review of

photographs of the building and stairs in question, the records of Defendants Jaca

Entertaiñmêñt Corp. and ABNA I Realty LLC from July 2013 to October 19, 2019, a
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

review of the 2015 New York State Uniform Fire Prevention and Building Code, a

review of the 2010 Standard of Accessible Design of the American With Disabilities

Act, a review of the American National Standards Institute Accessible and Usable

Buildings and Facilities, the records from the Village of Suffern Rocklañd County and

other public records, including the various local building and fire codes regarding

the building in question.

Plaintiff reserves the right to name additional experts to testify up to and

including the time of trial.

Plaintiff further reserves the right to amend and/or supplement this

response up to and including the time of trial.

Dated: November 29 , 2021
New York, New York

IAN C. DAITER, PLLC

BY:
IAN C. DA ESQ.

Attorney for Plaintiff
270 Madison 9th plOOr
Avenue,
New York, New York 10016
212-537-9341

To: Burke, Conway & Stiefeld

Attorney for Defendants
10 Bank Street, Suite 1200
White Plains, New York 10606
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
tel845-358-8400

203-354-3874

PO Box 700,9 N. Mill St, Ste.
113,Nyack NY 10960 407 Newtown Av, NorwalkCT 06851 degenshein
a r chi t ec t s

Trip and Fall Investigation

Degenshein Architects File Number 1997

November 24, 2021

IRIS COHEN,
as Executor of the Estate of

SID COHEN, Deceased

Date of Loss: October 19, 2019

Prepared For:

lan C. Daiter, PLLC
9th
270 Madison Avenue, FlOOr

New York NY 10016

Report Authored By:

p.ED
An

Jan Degenshein, RA, AIA, FAICP, LEED AP

State of New York License Number 13332

Expires August 31, 2023

report was prepared by me and that
I hereby certify that this architectural in the State of New York.
I am a duly licensed Architect
are not considered signed and sealed. The signature must be verlfled
Printed copies of this document on any electronic copy.
a "wet seai" can be provided
Hard copies of this report
with upon request. This report is furnished
as privileged and cone::t!:!
to the
of the addressee. ©2021 Jan Daganshêin Architect-Planner,
addressee. Releaseto any other party is the sole repon:itti'ty P.C.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

BACKGROUND

On November 12, 2019, Jan Degenshein, principal of Jan Degenshein Architect-Planner, P.C. (DA),
received a telephone call from Ian C. Daiter, attorney for the Plaintiff. Mr. Daiter explained that
Sid Cohen – after viewing a movie matinee in the Lafayette Theater in Suffern, New York, left the
premises through an exit door that accessed the parking lot on the west side of the building. He
fell from the stair serving that door and shortly thereafter died from injuries sustained in the fall.
DA’s assignment was to evaluate the subject exit door and exterior stair to establish the degree
to which it complied at the time of the subject incident with code requirements; or alternatively,
where code violations may have contributed to the tragic event. A site investigation was arranged
for Saturday morning, November 23, 2019 at the subject premises, located at 97 Lafayette
Avenue in Suffern, New York. Ian Levy, project manager for DA and Eric Cohen, son of the
deceased Sid Cohen, were present. Mr. Levy observed the site, took pertinent measurements
and photographs of the area of the building where the tragic accident occurred, and
subsequently presented his findings to Mr. Degenshein on November 25, 2019.

Jan Degenshein visited the site thereafter to confirm Mr. Levy’s findings. DA has completed an
architectural examination of the property. Its code review, analysis, and findings are the subject
of this report. Our report discusses gathered information with respect to the condition of the
subject premises at the time of our site visits. Other than the subject door, which has new signage
and hardware (See page A-2 of this report), we have been advised that the site conditions at the
subject location remain unchanged. The conclusions presented are based on available
information to date.

METHODOLOGY

Subsequent to the site examination on November 23, 2019, DA undertook the following tasks:
1. A review of the 2015 New York State Uniform Fire Prevention and Building Code (the
“Uniform Code”), which was in effect at the time of the tragic incident. The Uniform Code
was comprised of the 2015 edition of International Building Code (the “2015 IBC”), which
– in turn – encompasses an eight-volume family of codes, and the 2016 and 2017 New
York State Uniform Code Supplements.
2. A review of the 2010 “Standards of Accessible Design” of the Americans With Disabilities
Act (the “ADA”), the most recent applicable update.
3. A review of the American National Standards Institute (“ANSI”) “Accessible and Usable
Buildings and Facilities: ICC A117.1-2009”, which is a reference standard to both 1 and 2
above.
4. A review of the Village of Suffern Building Department files specific to building permit
applications, certificates of occupancy, and code enforcement officer’s inspection
reports – all for the subject premises.
5. A review of the Lafayette Theater’s website (LafayetteTheaterSuffern.com) and
Facebook page (Lafayette Theater Suffern.)
6. Consultation with Ms. Erika Krieger AIA, Assistant Director, Variance Unit, Division of
Building Standards and Codes, New York State Department of State.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

7. Review of the structures listed or certified as eligible for listing by the State Historic
Preservation Officer, the Keeper of the National Register, and the National Register of
Historic Places. (The Lafayette Theater appears on none of these lists.)

BUILDING AND SITE CONDITIONS

According to the Lafayette Theater’s website, the theater first opened on March 3, 1924.
Although there were no building code or life safety standards at the time, code requirements for
new building construction were published in New York State by the mid-1950’s. Later in the
twentieth-century, code requirements became mandatory in all New York State municipalities,
and requirements were expanded for pre-existing buildings, fire safety, and property
maintenance.

The marquee and main entry to the building face north onto Lafayette Avenue in Suffern, New
York. There are several additional doors, each without entry hardware, on the east and west sides
of the building. Parking lots surround the east and west sides, and the rear of the building. No
signage exists for an accessible entrance. Accessible parking spaces are only identified by signs
attached to the building wall facing the east parking lot. No path of travel from a parking space
reserved for the disabled to any building entry is demarked on the ground surface. The exterior
stairs where the reported accident occurred is on the west side of the building, across a one-way
vehicular exit driveway from available parking. (See Appendix page A-1.)

The exterior stairs in question are formed of concrete, and – in spite of evident repairs, were
cracked at two corners, creating an unsafe condition. The risers (heights of the steps) varied
significantly. No landing surface exists immediately outside the exit door opening. Stair nosings
are absent. With the exception of the main entrance doors, there is no hardware on any of the
doors to permit entry from the exterior. (See Appendix pages A-2 and A-4.)

On the interior of the building, there is no accessible route from the main entrance, box office
and concession stand to the main theater space; and the toilet rooms are not wheelchair
accessible. Stairs, ramps, doorways, and railings fail to meet minimum accessibility requirements.
Subsequent to the deadly accident, three signs have been placed on the door leading to the
stairway in question: One reads: “Watch Step”. Another reads: “Watch Your Step”. And the third
reads: “Emergency Exit Only”. New hardware has also been added to this emergency exit that
may well deter exit in an emergency panic situation: a red release bar that must be removed
before the doors can be opened. These new additions to the door are beyond the maximum
viewing height and reach height mandated by state and federal codes. (See Appendix page A-3.)

The theater’s website and Facebook page proudly describe improvements that have been made
to the building over the past three decades: a new roof, new mechanical systems, a new Wurlitzer
organ, a new decorative paint job, exterior alterations, and the restoration of the ornate ceiling
and open box seating. Also, the Village of Suffern Building Department records indicate that a
permit was issued for improvements to a second-floor stairway.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

CODES ANALYSIS
There are two applicable umbrella categories of compliance to review:

• New York State Statute: The Uniform Code and its various sub-codes. Those most
applicable, which we will address, are the International Existing Building Code (the
“IEBC”), the International Fire Code (the “IFC”), and the International Property
Maintenance Code (the “IPMC”). Each failure to meet the requirements of the Uniform
Code is a statutory violation subject to fine. The text may be found in Title 19 of the New
York Codes, Rules and Regulations (19 NYCRR, Parts 1219 through 1228, as well as - by
reference - the eight volumes of the 2015 International Building Code.
• Federal Law: The Americans with Disabilities Act Architectural Guidelines (“ADAAG”).
The ADA is a federal civil rights law. Violators (property owners) are subject to fine or
imprisonment or both. Please note that the ADA guidelines and the Uniform Code both
address required accommodation for all physical disabilities - not just those involving
wheelchair access. Sensory loss (such as vision) and physical balance are two examples.

THE UNIFORM CODE
THE ICC PROPERTY MAINTENANCE CODE

CHAPTER 1 SCOPE AND ADMINISTRATION

SECTION 101. GENERAL

101.2 Scope. The provisions of this code shall apply to all existing . . . non-
residential structures and all existing premises and constitute minimum
requirements [to achieve] a reasonable level of safety . . .

101.3 Intent. . . . to ensure public health, safety and welfare insofar as they are
affected by the continued occupancy and maintenance of structures and
premises. Existing structures and premises that do not comply with these
provisions shall be altered or repaired to provide a minimum level of health and
safety as required herein.

SECTION 104. DUTIES AND POWERS OF THE CODE OFFICIAL

104.1 General. The Code official is hereby authorized and directed to enforce
the provisions of this code. . .

SECTION 108. UNSAFE STRUCTURES AND EQUIPMENT

108.1.1 Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property, or safety of the public or the occupants. .
by not providing minimum safeguards to protect or warn occupants.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

108.1.5 Dangerous structure or premises. For the purpose of this code, any
structure . . . that has any of the conditions . . . described below shall be
considered dangerous.

1. Any door, aisle, passageway, stairway, exit or other means of egress
that does not conform to the approved building code or fire code of the
jurisdiction as related to the requirements of existing buildings.

2. The walking surface of any aisle, passageway, stairway, exit or other
means of egress is so . . . unsafe as to not provide safe and adequate
means of egress. . .

8. Any building exists . . . or is maintained . . . as to present a substantial
risk to life and safety.

SECTION 702. MEANS OF EGRESS

702.1 General. A safe . . . path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with
the International Fire Code.

CHAPTER 2 DEFINITIONS

SECTION 201. GENERAL
201.3 Where terms are not defined herein, but are defined in related ICC
Codes, the definitions ascribed therein shall be referenced.

SECTION 202. GENERAL DEFINITIONS

NEGLECT. The lack of proper maintenance for a building or structure.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal
proceeding is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant . . . failed to do an act which the
defendant was legally required to do.

CHAPTER 3 GENERAL REQUIREMENTS

SECTION 302. EXTERIOR PROPERTY AREAS
302.3 Sidewalks and driveways. . . . stairs shall be kept in a proper state of
repair, and maintained free from hazardous conditions.

SECTION 304. EXTERIOR STRUCTURE
304.10 Stairways, decks, porches and balconies. Every exterior stairway . . . and
all appurtenances attached thereto, shall be maintained structurally sound, in
good repair, with proper anchorage and capable of supporting the imposed load.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained in
good condition.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

CHAPTER 7 FIRE SAFETY REQUIREMENTS

SECTION 702. MEANS OF EGRESS
702.1 General. A safe…. path of travel shall be provided…. to the public way.

THE ICC INTERNATIONAL FIRE CODE

CHAPTER 10 MEANS OF EGRESS

SECTION 1011. STAIRWAYS
1011.5 Stair treads and risers.
1011.5.2 Riser height and tread depth. Stair riser heights shall be 7 inches
maximum and 4 inches minimum.
1011.5.4 Diminished uniformity……The tolerance between the largest and
smallest riser height or trend depth shall not exceed 3/8 inch.
1011.5.5 Nosing and riser profile. Nosings shall have a curvature…of not less
than 1/16 inch but not more than 9/16 inch from the foremost projection of the
tread. Risers shall be solid and vertical or sloped under the tread from the
underside of the nosing above at an angle not more than 30 degrees . . .
1011.6 Stairway landings. There shall be a landing at the top and bottom of
each stairway. The width of the landings shall be not less than the width of the
stairways served . . .

THE ICC INTERNATIONAL EXISTING BUILDING CODE

CHAPTER 1 SCOPE AND ADMINISTRATION

SECTION 101 GENERAL

Buildings previously occupied. The legal occupancy of any building existing on the date
of adoption of this code shall be permitted to continue without change, except as
specifically covered in this code, the International Fire Code, or the International Property
Maintenance Code, or as deemed necessary by the code official for the general safety and
welfare of the occupants and the public.

[The italics were placed by this author for emphasis. We have established in the excerpts
from the IPMC and the IFC (both above) some of the statutory requirement for safe exit
from a building. This will be further demonstrated in discussions below.]
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

THE AMERICANS WITH DISABILITIES ACT
BACKGROUND

More than 50 million Americans have some form of physical, sensory, cognitive or mental
disability. Absent legal requirements, building owners and managers have by-and-large
ignored architectural elements that represent impediments to access to, enjoyment of,
and safe exit from premises by disabled citizens. Recognizing that the constitutionally
mandated equal rights of the disabled were being violated, in 1973, the U.S. Access Board
was created to develop and enforce accessibility rules and guidelines, and to identify
which buildings, under what circumstances, and (regardless of a building’s age) where
accessibility must be accommodated.

The rules and guidelines for private properties were adopted in the 1991 Americans with
Disabilities Act Accessibility Guidelines (ADAAG), which followed by one year the federal
enactment of the ADA. Places of “public accommodation” (such as movie theaters) were
subject to the law. Title III of the law specifically states that “. . . public accommodations
discrimination includes a failure to remove architectural barriers . . . in existing facilities
unless they are not readily achievable.” “Readily achievable” is further defined as “easily
accomplishable and able to be carried out without great difficulty or expense.” This last
definition is, of course, open to interpretation. It was recognized that full immediate
compliance might be a hardship, and – where proven necessary - building owners were
granted an extended incremental timeframe (usually from two to ten years) in which to
accomplish full compliance. Where full compliance remained “technically infeasible”,
compliance was required to the maximum extent feasible.

It is in the best interests of building owners to be aware of the resources available to guide
the improvements required by the ADA. Per Title III of the ADA, the U.S. Department of
Justice (DOJ) develops and enforces the regulations that implement the ADA. The
regulations that specifically apply to existing facilities are codified in 28 C.F.R. Section
36.304 of the 2010 ADA Standards for Accessible Design. The DOJ has a checklist for
Readily Achievable Barrier Removal. Further, the Institute for Human Centered Design has
an updated ADA Checklist for Existing Facilities.

Following public opinion, the Access Board published a revised version in 2004, which is
referred to as the “final rule”. It is in this document that the Access Board successfully
facilitated the harmonization of model building codes (such as the IBC family of codes) to
the final rule. One of its reference standards is the American National Standards
Institute’s volume of technical criteria, ANSI A117.1. This document lays out the range of
standards that must be followed in the many circumstances under which accessibility
requires adherence. It is the property owner’s legal obligation to satisfy the mandates of
the ADA.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

DISCUSSION
Under no circumstance does the Uniform Code permit a hazardous condition to remain
uncorrected. By its nature, any door with an exit sign from a place of assembly instructs
occupants that they may leave the premises by that door. In the case of an emergency, common
sense would suggest that an occupant leave the premises by the closest such exit. Codes in place
at the time of the tragic accident (and for decades before) recognize the need for safe exiting,
and require ranges of dimensions for building elements to better ensure safe exiting of
occupants.

The 2015 Uniform Code (and editions of the Uniform Code preceding it) require improvements
to the subject stairs, including - at a minimum - a platform at the top and bottom of the stair run
(the IFC) and equal stair riser heights (the IPMC). In their condition at the time of the accident,
either or both conditions could have resulted In or contributed to a fall.

The ADAAG goes even further, requiring either: a fire-safe area of refuge on a rail-protected
platform beyond any doors on the path of travel along an emergency exit to serve as a place of
refuge for an occupant in a wheelchair; or a platform to a ramp with guardrails to grade level.
These requirements are readily achievable and have been mandated by law for over three
decades.

None of these safety measures existed at the premises at the time of the accident. None exist
today.

CONCLUSIONS
Based upon the information presented, and DA’s site examination, it is DA’s opinion that the exit
stairway complied with neither the 2015 Uniform Code, nor the current 2018 Uniform Code, nor
the ADA.

APPENDICES
Representative photographs and illustrations are included in this report on pages A-1 through A-
4. Additional photographs are available on request.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

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 architectural certainty based on the information available at
the time this report was authored. This report only describes the conditions present at the time
of DA’s examination and is only based upon the observations made. This analysis was limited to
the scope of work outlined in this report. This analysis 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 the author’s education, experience, and training. Should additional
information which relates to this evaluation become known, DA reserves the right to alter the
opinions contained herein. In some instances, additional studies may be warranted to fully
evaluate new information.

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 DA is
strictly prohibited.
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021
IRIS COHEN, as Executor of the Estate of SID COHEN, Deceased
Degenshein Architects Project Number 1997

APPENDIX A
PHOTOGRAPHS AND ILLUSTRATIONS
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

Our Project #1991 November 12, 202l

lRIS COMEN, as Executor of the Estate of SlD COMEN, Deceased

. .. 1

AERIAL VlElU OF BulLDING
d' 4
Approximate location of the subject doors exit stairs

Google Earth
Courtesy

8
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

Our Project alS91 November 12,2021

lRIS COMEN, as Executor of the Estate of Slp COMEN, Deceased

----....---- __
.. . . . ._..__ ..

View of exit staire

Side view of exit stairs Side view of exit stairs

north south
looking looking

A-2
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

Our Project #1991 November 12, 202l

lRIS COMEN, as Executor of the Estate of SlD COMEN, Deceased

Exit door from interior

Note: Red lift bar is beyond legal reach height.

Signage is higher than maximum allowed.

)f, AREA OF _
REFUGE

WhM
Figurm 308
Few
J.1
h Height ofTactile Chars "s- A ve Finish Floor or Ground

The height of the red door The door signage height exceeds the
emergency
release bar exceeds the maximum maximum allowable
by code, and the letters

allowable reach height. are not tactile, as required.

A-3
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

Our Project #1991 November 12, 202l

lRIS COMEN, as Executor of the Estate of SlD COMEN, Deceased

EXlSTlNG EXIT DOORS

EXISTING EXlT DOGRS

EXISTINGCONCRETE STAIR _ 'i½

ASPHALT

EXISTING CONCRETE STAlR

EXlSTlNG CONCRETE STAlR PLAN EXlSTING CONCRETE STAIR SECT ON

Broader view of subject door 4 stair.

A-4
FILED: ROCKLAND COUNTY CLERK 11/29/2021 05:56 PM INDEX NO. 032033/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/29/2021

Case Info

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Rolf Thorsen Track Judge’s New Case

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Document Filed Date

November 29, 2021

Case Filing Date

June 02, 2020

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Exhibit,Appendix: Sid Cohen Est Of, Iris Cohen Exx v. Jaca Entertainment Corp, Abna I Realty Llc

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