Preview
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
A
,[1.11AR,L,
H.ROSKE & ASSOCIATES =
U.S. Attorneys For The German-Speaking Industries
Manhattan Auto Service & Bodywork Inc.
(dba Marmin Auto Body)
2451 First Ave
New York, NY 10035
Manhattan Auto Service & Bodywork Inc.
c/o New York Department of State
One Commerce Plaza, 99 Washington Avenue
Customer Service Center, 6th Floor
Albany, NY 12231
January 9, 2023
DEMAND LETTER
RE: Damaged Front Windshield
Dear Sir/Madam,
Our firm represents Mr. Henry Roske, a resident of New York, and your customer
for body work recently completed. This is a demand for reimbursement of Mr. Roske's
expenses to fix damages caused during the repair and for loss of use during the time to
assess and fix it.
In May 2022, Mr. Roske's car, a 2014 Maserati Quattroporte, license plate #
10MTT12 (the "Maserati") received a paint job. Upon completion of the work, Mr. Roske,
and several others noted that the Maserati's windshield sustained damage from
transparent spray paint, rendering the car unfit and unsafe to drive. Mr. Roske promptly
alerted you on June 16th and requested that you repair the damage, which you refused.
Your explanation for the refusal was that "its [the windshield] internally wearing" and that
"the damage is what will happen to glass over long periods of time." This statement
deserves no further comment, except that it is plainly ridiculous. Mr. Roske then had to
look for alternative repair shops that are familiar with this type of car and would offer to
use an original Maserati part with green-tinted top band. Many of the repair shops that
were contacted would only offer other windshields or — at best — other types combined
HR&A
NEW YORK
350 Fifth Avenue I Su te 5220 I New York, NY 101 18
Phone: +1.212.584.4230 I Fax: +1.212.584.4233 Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
H.ROSKE & ASSOCIATES -
U.S. Attorneys For The German-Speaking Industries
with green foil tint. Eventually, Ferrari-Maserati of Long Island confirmed they could take
care of the damage. Their invoice, a copy of which is attached hereto, amounts to
$3,341.66. We hereby demand that you reimburse Mr. Roske for this amount. The
damage was caused by you as evidenced by the expert opinion of Ferrari-Maserati of Long
Island, and others. In their letter dated September 12, 2022, a copy of which is attached
hereto, they confirmed that:
Due to the sustained damage the Maserati was rendered not fit for use;
The damage to the windshield is a foreign substance that cannot form over time;
It is on the outside, not "internal wearing"
That the most likely explanation for the damage is that the windshield was not
being covered/not having been coveted properly when your company sprayed
clear coats of paint, as is referenced in your company's invoice #2724.
Apart from the repair cost, we hereby demand that you compensate our client for the
loss of use of the vehicle. It is well-established under NY law that, when a car has been
damaged during repair, the owner is entitled to compensation for the loss of its use for
the time reasonably needed to make the repairs, Johnson v Scholz, 276 App Div 163, 93
NYS2d 334 (2d Dept 1949); Moore v Metropolitan St. Ry. Co., 84 App Div 613, 82 NYS 778
(2d Dept 1903). The total time that Mr. Roske was unable to use the car amounted to 92
days, from June 13th through September 12th, during which time Mr. Roske worked to find
to a garage that would repair the windshield with an original Maserati windshield. The
effort Mr. Roske extended to find a garage willing and able to perform the work also
detracted a significant amount of time and resources from his business (Exhibit A).
As for the daily rate for the loss of use, we inquired at various rental car companies
operating in New York City to find the daily rental value of Mr. Roske's car model and year,
or comparable luxury sedans available, to use as the average daily rate for the calculation
of damages. Luxury car rental companies in New York do not have a 2014 Maserati
Quattroporte in their fleet; they have newer models for an estimated $700 daily rental
value. A 2014 Maserati Quattroporte rental was found in Connecticut for $116.
Considering the above rental factors and that Mr. Roske's car is not the newest model,
though in "as new" condition, we find that a daily rental cost of $250 is a fair estimate for
the same/comparable luxury sedan in New York City.
HR&A
NEW YORK
350 Fifth Avenue iSuite 5220 I New York, NY 101 18
Phone: +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
H.ROSKE & ASSOCIATES =
U.S. Attorneys For The German-Speaking Industries
As a consequence, Mr. Roske incurred additional damages for loss of use in the
amount of $23,000, together with the repair costs totaling $26,341.66.
We hereby request that you pay this amount no later than by
January 23, 2023.
This letter is not a complete recitation of the facts and circumstances surrounding
this matter nor is it a waiver of the rights and remedies of our client, all of which are
expressly reserved.
Regards,
By:
Moritz Masberg
Attorney-at-Law
Encl.:
- Manhattan Auto Service and Bodywork Invoice # 2724
- Aftersales Ambassador at Ferrari-Maserati of Long Island letter
- Ferrari-Maserati of Long Island invoice
- Comparable luxury sedans average daily rate
CC: Client Management
HR&A
NEW YORK
350 Fifth Avenue I Suite 5220 I New York, NY 101 18
Phone: +1.212 584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
H.ROSKE & ASSOCIATES -
U.S. Attorneys For The German-Speaking Industries
Exhibit A
Date Day Action Taken
13-Jun-22 Monday
email with your company ("Manhattan Auto Service & Bodywork Inc"
hereafter referred to as the "garage") regarding multiple issues, specifically
the paint work on whole car and the insignias not being removed.
14-Jun-22 Tuesday Informed that your company will redo the job correctly next week.
phone call with your company, confirmed verbally which insignias need to
15-Jun-22 Wednesday be removed
email again with garage re the following issues
- Security and safety issue re the murkiness of the front windshield
16-Jun-22 Thursday - the removal of the insignias on the trunk
phone call with the garage re the windshield; verbally explained the issue
outlined in the previous email. Scheduled and confirmed pickup for the
17-Jun-22 Friday following week.
18-Jun-22 Saturday weekend
19-Jun-22 Sunday weekend
20-Jun-22 Monday phone call with the garage regarding the windshield issue
phone call with the garage regarding the windshield issue, requested the
21-Jun-22 Tuesday garage email me the information re the insignias and windshield
22-Jun-22 Wednesday the car was picked up by the garage and returned on the same day
email to the garage pointing out the issue with removal of the wrong
23-Jun-22 Thursday insignias
phone call with the garage re the insignias and the windshield issues not
24-Jun-22 Friday having been resolved
25-Jun-22 Saturday weekend
26-Jun-22 Sunday weekend
27-Jun-22 Monday
had a police officer inspect the windshield. Informed by the officer that the
windshield is blurry from paint spray and that it happens a lot during paint
work. Officer stated that I should not drive the car due the traffic safety
28-Jun-22 Tuesday concern
HR&A
1 NEW YORK I
350 Fifth Avenue I Suite 5220 I New York, NY 101 18
Phone +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
4LMR f.1 ,r-n,
H.ROSKE & ASSOCIATES E
U.S. Attorneys For The German-Speaking Industries
email and phone calls to the garage re cleaning the windshield and other
29-Jun-22 Wednesday issues
received email from the garage confirming that there is fogginess on the
windshield. Informed by the garage that they will replace the windshield
30-Jun-22 Thursday only if the claim goes through my insurance
Emailed the garage stating that they must repair for the damage they
caused. Informed the garage that the car arrived undamaged but was
returned damaged and as such, the garage is liable for the damage they
1-Jul-22 Friday caused and must replace the windshield at their expense.
2-Jul-22 Saturday weekend
3-Jul-22 Sunday weekend
4-Jul-22 Monday holiday
emailed the garage requesting they replace the windshield with an original
5-Jul-22 Tuesday Maserati windshield
Garage emailed back asking to schedule a time next week to pick up the
6-Jul-22 Wednesday car and send it to Maserati of Manhattan to evaluate the damage
phone call with the garage re their responsibility to pay for the windshield
7-Jul-22 Thursday replacement through their insurance
8-Jul-22 Friday phone call with the garage re same matter
9-Jul-22 Saturday weekend
10-Jul-22 Sunday weekend
11-Jul-22 Monday
12-Jul-22 Tuesday
phone calls with my insurance agency re the windshield damage and the
13-Jul-22 Wednesday insurance rate increase should the claim go through my insurance
14-Jul-22 Thursday
Began internet search for the companies to appraise and estimate the
15-Jul-22 Friday replacement of the windshield
16-Jul-22 Saturday weekend
17-Jul-22 Sunday weekend
extended web-search re appraiser for the car damage report (windshield
18-Jul-22 Monday damage)
HR&A
NEW YORK
350 Fifth Avenue Suite 5220 I New York, NY 101 18
Phone: +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
sin,- A
H.ROSKE & ASSOCIATES =
U.S. Attorneys For The German-Speaking Industries
phone calls to the following companies re the windshield replacement:
Independent Auto Damage Appraisers Association; Auto Appraisal Group;
19-Jul-22 Tuesday Reliable Appraisers Inc.
phone calls to the following companies re the windshield replacement -
New York Auto Appraisers; Midtown Center Auto Repair & Body Shop;
20-Jul-22 Wednesday Manhattan Auto Care; scheduled a call with an appraiser for Thursday.
phone calls with the appraiser; received estimated price for the windshield
21-Jul-22 Thursday replacement
phone calls to the following companies re the windshield replacement -
22-Jul-22 Friday Champion Auto; McCoy's Auto Repair
23-Jul-22 Saturday weekend
24-Jul-22 Sunday weekend
phone call with Karamalis from MantattanAuto.com re windshield
25-Jul-22 Monday replacement
phone calls with the following companies - Manhattan Public Adjusters,
Property Insurance Claims, Global Autosports, Diminished Value Appraisal
26-Jul-22 Tuesday Claims of New York City
27-Jul-22 Wednesday
phone calls with the following companies - United Public Adjusters; Auto
Appraisal Group; Precision Auto Collision; Midtown Auto Appraiser; 54th
Street Auto Center; Pro Body Shop; Safelite; Raz Auto Service; A&C
28-Jul-22 Thursday Bodyshop.
Extended web-search to auto body shops able to replace the windshield
with the original part. Callback from Raz Auto Service; set a confirmation
29-Jul-22 Friday appointment for August 3rd to service the car
30-Jul-22 Saturday weekend
31-Jul-22 Sunday weekend
1-Aug-22 Monday
2-Aug-22 Tuesdaycall to Raz Auto Service confirming repair appointment for the car
continuous phone calls to sort the issue of Raz not coming to pick up and
3-Aug-22 Wednesday service car
complained to the manager of Raz Auto Services for failing to keep
appointment date, manager declined to do further work. Called 38th
4-Aug-22 Thursday street Midtown Auto re possibility to repair car windshield
HR&A
NEW YORK
350 Fifth Avenue Suite 5220 I New York, NY 10118
Phone: +1.212.584.4230 I Fax: +1.212,584.4233 Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
,FL-hAil-skr,
I-I.ROSKE & ASSOCIATES
U.S. Attorneys For The German-Speaking Industries
call back from 38th Street Midtown Auto re inability to provide proper
5-Aug-22 Friday windshield
6-Aug-22 Saturday weekend
7-Aug-22 Sunday weekend
internet search re official Maserati service shops; phone calls to Maserati
8-Aug-22 Monday service shops located in of Bergen, NJ; Long Island, NY; White Plains, NY
9-Aug-22 Tuesday
phone calls with the following companies re repair: 102nd Street Auto
Repair and Inspection; Auto Care East; 54th Street Auto Center; Safelite
Windshield Repair and Replacement; NYC Towing Service and Auto Repair
Shop; Daniel Auto Clinic; United Auto Repair; NYC Auto Repair and State
10-Aug-22 Wednesday Inspection
11-Aug-22 Thursday
made multiple calls throughout the day to Maserati of Manhattan, left on
hold, call dropped multiple times, no answer/ transferred to a
12-Aug-22 Friday voicemailbox
13-Aug-22 Saturday weekend
14-Aug-22 Sunday weekend
15-Aug-22 Monday
16-Aug-22 Tuesday
17-Aug-22 Wednesday
18-Aug-22 Thursday
contacted Maserati of Long Island and requested confirmation if they are
able to do all necessary repairs; received callback later in the day regarding
19-Aug-22 Friday ability to do necessary repairs
20-Aug-22 Saturday weekend
21-Aug-22 Sunday weekend
phone call with Maserati representative regarding ability to service car;
agreed to repair car and set appointment date for pickup; closest
22-Aug-22 Monday appointment available was Sept 7th with return of car on Sept 12th.
confirmation email regarding telephone call yesterday for car pickup, price,
23-Aug-22 Tuesday and return
24-Aug-22 Wednesday various emails with Maserati of LI sorting out billing and pickup issues
HR&A
NEW YORK
350 Fifth Avenue I Suite 5220 I New York, NY 101 18
Phone: +1.212.584.4230 I Fax: +1 212.584.42331 Webseite: www.hr-ny.com
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
H.ROSKE & ASSOCIATES
U.S. Attorneys For The German-Speaking Industries
25-Aug-22 Thursday various emails with Maserati of LI sorting out billing and pickup issues
26-Aug-22 Friday various emails with Maserati of LI sorting out billing and pickup issues
27-Aug-22 Saturday weekend
28-Aug-22 Sunday weekend
29-Aug-22 Monday phone call with Maserati of LI re same matter
30-Aug-22 Tuesday phone call with Maserati of LI re same matter, scheduling the pickup
phone call with Maserati LI confirmation the time when the car will be
31-Aug-22 Wednesday picked up
1-Sep-22 Thursday
2-Sep-22 Friday
3-Sep-22 Saturday weekend
4-Sep-22 Sunday weekend
5-Sep-22 Monday holiday
6-Sep-22 Tuesday
7-Sep-22 Wednesday confirmation email w/ Maserati of LI re pickup scheduled for today
8-Sep-22 Thursday car with Maserati of Long Island for repair
9-Sep-22 Friday car with Maserati of Long Island for repair
10-Sep-22 Saturday car with Maserati of Long Island for repair
11-Sep-22 Sunday car with Maserati of Long Island for repair
return of the car to my parking spot, payment of invoice to Maserati of
12-Sep-22 Monday Manhattan
HR&A
NEW YORK
350 Fifth Avenue I Suite 5220 I New York, NY 101 18
Phone: +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com
Preview
FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 A ,[1.11AR,L, H.ROSKE & ASSOCIATES = U.S. Attorneys For The German-Speaking Industries Manhattan Auto Service & Bodywork Inc. (dba Marmin Auto Body) 2451 First Ave New York, NY 10035 Manhattan Auto Service & Bodywork Inc. c/o New York Department of State One Commerce Plaza, 99 Washington Avenue Customer Service Center, 6th Floor Albany, NY 12231 January 9, 2023 DEMAND LETTER RE: Damaged Front Windshield Dear Sir/Madam, Our firm represents Mr. Henry Roske, a resident of New York, and your customer for body work recently completed. This is a demand for reimbursement of Mr. Roske's expenses to fix damages caused during the repair and for loss of use during the time to assess and fix it. In May 2022, Mr. Roske's car, a 2014 Maserati Quattroporte, license plate # 10MTT12 (the "Maserati") received a paint job. Upon completion of the work, Mr. Roske, and several others noted that the Maserati's windshield sustained damage from transparent spray paint, rendering the car unfit and unsafe to drive. Mr. Roske promptly alerted you on June 16th and requested that you repair the damage, which you refused. Your explanation for the refusal was that "its [the windshield] internally wearing" and that "the damage is what will happen to glass over long periods of time." This statement deserves no further comment, except that it is plainly ridiculous. Mr. Roske then had to look for alternative repair shops that are familiar with this type of car and would offer to use an original Maserati part with green-tinted top band. Many of the repair shops that were contacted would only offer other windshields or — at best — other types combined HR&A NEW YORK 350 Fifth Avenue I Su te 5220 I New York, NY 101 18 Phone: +1.212.584.4230 I Fax: +1.212.584.4233 Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 H.ROSKE & ASSOCIATES - U.S. Attorneys For The German-Speaking Industries with green foil tint. Eventually, Ferrari-Maserati of Long Island confirmed they could take care of the damage. Their invoice, a copy of which is attached hereto, amounts to $3,341.66. We hereby demand that you reimburse Mr. Roske for this amount. The damage was caused by you as evidenced by the expert opinion of Ferrari-Maserati of Long Island, and others. In their letter dated September 12, 2022, a copy of which is attached hereto, they confirmed that: Due to the sustained damage the Maserati was rendered not fit for use; The damage to the windshield is a foreign substance that cannot form over time; It is on the outside, not "internal wearing" That the most likely explanation for the damage is that the windshield was not being covered/not having been coveted properly when your company sprayed clear coats of paint, as is referenced in your company's invoice #2724. Apart from the repair cost, we hereby demand that you compensate our client for the loss of use of the vehicle. It is well-established under NY law that, when a car has been damaged during repair, the owner is entitled to compensation for the loss of its use for the time reasonably needed to make the repairs, Johnson v Scholz, 276 App Div 163, 93 NYS2d 334 (2d Dept 1949); Moore v Metropolitan St. Ry. Co., 84 App Div 613, 82 NYS 778 (2d Dept 1903). The total time that Mr. Roske was unable to use the car amounted to 92 days, from June 13th through September 12th, during which time Mr. Roske worked to find to a garage that would repair the windshield with an original Maserati windshield. The effort Mr. Roske extended to find a garage willing and able to perform the work also detracted a significant amount of time and resources from his business (Exhibit A). As for the daily rate for the loss of use, we inquired at various rental car companies operating in New York City to find the daily rental value of Mr. Roske's car model and year, or comparable luxury sedans available, to use as the average daily rate for the calculation of damages. Luxury car rental companies in New York do not have a 2014 Maserati Quattroporte in their fleet; they have newer models for an estimated $700 daily rental value. A 2014 Maserati Quattroporte rental was found in Connecticut for $116. Considering the above rental factors and that Mr. Roske's car is not the newest model, though in "as new" condition, we find that a daily rental cost of $250 is a fair estimate for the same/comparable luxury sedan in New York City. HR&A NEW YORK 350 Fifth Avenue iSuite 5220 I New York, NY 101 18 Phone: +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 H.ROSKE & ASSOCIATES = U.S. Attorneys For The German-Speaking Industries As a consequence, Mr. Roske incurred additional damages for loss of use in the amount of $23,000, together with the repair costs totaling $26,341.66. We hereby request that you pay this amount no later than by January 23, 2023. This letter is not a complete recitation of the facts and circumstances surrounding this matter nor is it a waiver of the rights and remedies of our client, all of which are expressly reserved. Regards, By: Moritz Masberg Attorney-at-Law Encl.: - Manhattan Auto Service and Bodywork Invoice # 2724 - Aftersales Ambassador at Ferrari-Maserati of Long Island letter - Ferrari-Maserati of Long Island invoice - Comparable luxury sedans average daily rate CC: Client Management HR&A NEW YORK 350 Fifth Avenue I Suite 5220 I New York, NY 101 18 Phone: +1.212 584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 H.ROSKE & ASSOCIATES - U.S. Attorneys For The German-Speaking Industries Exhibit A Date Day Action Taken 13-Jun-22 Monday email with your company ("Manhattan Auto Service & Bodywork Inc" hereafter referred to as the "garage") regarding multiple issues, specifically the paint work on whole car and the insignias not being removed. 14-Jun-22 Tuesday Informed that your company will redo the job correctly next week. phone call with your company, confirmed verbally which insignias need to 15-Jun-22 Wednesday be removed email again with garage re the following issues - Security and safety issue re the murkiness of the front windshield 16-Jun-22 Thursday - the removal of the insignias on the trunk phone call with the garage re the windshield; verbally explained the issue outlined in the previous email. Scheduled and confirmed pickup for the 17-Jun-22 Friday following week. 18-Jun-22 Saturday weekend 19-Jun-22 Sunday weekend 20-Jun-22 Monday phone call with the garage regarding the windshield issue phone call with the garage regarding the windshield issue, requested the 21-Jun-22 Tuesday garage email me the information re the insignias and windshield 22-Jun-22 Wednesday the car was picked up by the garage and returned on the same day email to the garage pointing out the issue with removal of the wrong 23-Jun-22 Thursday insignias phone call with the garage re the insignias and the windshield issues not 24-Jun-22 Friday having been resolved 25-Jun-22 Saturday weekend 26-Jun-22 Sunday weekend 27-Jun-22 Monday had a police officer inspect the windshield. Informed by the officer that the windshield is blurry from paint spray and that it happens a lot during paint work. Officer stated that I should not drive the car due the traffic safety 28-Jun-22 Tuesday concern HR&A 1 NEW YORK I 350 Fifth Avenue I Suite 5220 I New York, NY 101 18 Phone +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 4LMR f.1 ,r-n, H.ROSKE & ASSOCIATES E U.S. Attorneys For The German-Speaking Industries email and phone calls to the garage re cleaning the windshield and other 29-Jun-22 Wednesday issues received email from the garage confirming that there is fogginess on the windshield. Informed by the garage that they will replace the windshield 30-Jun-22 Thursday only if the claim goes through my insurance Emailed the garage stating that they must repair for the damage they caused. Informed the garage that the car arrived undamaged but was returned damaged and as such, the garage is liable for the damage they 1-Jul-22 Friday caused and must replace the windshield at their expense. 2-Jul-22 Saturday weekend 3-Jul-22 Sunday weekend 4-Jul-22 Monday holiday emailed the garage requesting they replace the windshield with an original 5-Jul-22 Tuesday Maserati windshield Garage emailed back asking to schedule a time next week to pick up the 6-Jul-22 Wednesday car and send it to Maserati of Manhattan to evaluate the damage phone call with the garage re their responsibility to pay for the windshield 7-Jul-22 Thursday replacement through their insurance 8-Jul-22 Friday phone call with the garage re same matter 9-Jul-22 Saturday weekend 10-Jul-22 Sunday weekend 11-Jul-22 Monday 12-Jul-22 Tuesday phone calls with my insurance agency re the windshield damage and the 13-Jul-22 Wednesday insurance rate increase should the claim go through my insurance 14-Jul-22 Thursday Began internet search for the companies to appraise and estimate the 15-Jul-22 Friday replacement of the windshield 16-Jul-22 Saturday weekend 17-Jul-22 Sunday weekend extended web-search re appraiser for the car damage report (windshield 18-Jul-22 Monday damage) HR&A NEW YORK 350 Fifth Avenue Suite 5220 I New York, NY 101 18 Phone: +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 sin,- A H.ROSKE & ASSOCIATES = U.S. Attorneys For The German-Speaking Industries phone calls to the following companies re the windshield replacement: Independent Auto Damage Appraisers Association; Auto Appraisal Group; 19-Jul-22 Tuesday Reliable Appraisers Inc. phone calls to the following companies re the windshield replacement - New York Auto Appraisers; Midtown Center Auto Repair & Body Shop; 20-Jul-22 Wednesday Manhattan Auto Care; scheduled a call with an appraiser for Thursday. phone calls with the appraiser; received estimated price for the windshield 21-Jul-22 Thursday replacement phone calls to the following companies re the windshield replacement - 22-Jul-22 Friday Champion Auto; McCoy's Auto Repair 23-Jul-22 Saturday weekend 24-Jul-22 Sunday weekend phone call with Karamalis from MantattanAuto.com re windshield 25-Jul-22 Monday replacement phone calls with the following companies - Manhattan Public Adjusters, Property Insurance Claims, Global Autosports, Diminished Value Appraisal 26-Jul-22 Tuesday Claims of New York City 27-Jul-22 Wednesday phone calls with the following companies - United Public Adjusters; Auto Appraisal Group; Precision Auto Collision; Midtown Auto Appraiser; 54th Street Auto Center; Pro Body Shop; Safelite; Raz Auto Service; A&C 28-Jul-22 Thursday Bodyshop. Extended web-search to auto body shops able to replace the windshield with the original part. Callback from Raz Auto Service; set a confirmation 29-Jul-22 Friday appointment for August 3rd to service the car 30-Jul-22 Saturday weekend 31-Jul-22 Sunday weekend 1-Aug-22 Monday 2-Aug-22 Tuesdaycall to Raz Auto Service confirming repair appointment for the car continuous phone calls to sort the issue of Raz not coming to pick up and 3-Aug-22 Wednesday service car complained to the manager of Raz Auto Services for failing to keep appointment date, manager declined to do further work. Called 38th 4-Aug-22 Thursday street Midtown Auto re possibility to repair car windshield HR&A NEW YORK 350 Fifth Avenue Suite 5220 I New York, NY 10118 Phone: +1.212.584.4230 I Fax: +1.212,584.4233 Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 ,FL-hAil-skr, I-I.ROSKE & ASSOCIATES U.S. Attorneys For The German-Speaking Industries call back from 38th Street Midtown Auto re inability to provide proper 5-Aug-22 Friday windshield 6-Aug-22 Saturday weekend 7-Aug-22 Sunday weekend internet search re official Maserati service shops; phone calls to Maserati 8-Aug-22 Monday service shops located in of Bergen, NJ; Long Island, NY; White Plains, NY 9-Aug-22 Tuesday phone calls with the following companies re repair: 102nd Street Auto Repair and Inspection; Auto Care East; 54th Street Auto Center; Safelite Windshield Repair and Replacement; NYC Towing Service and Auto Repair Shop; Daniel Auto Clinic; United Auto Repair; NYC Auto Repair and State 10-Aug-22 Wednesday Inspection 11-Aug-22 Thursday made multiple calls throughout the day to Maserati of Manhattan, left on hold, call dropped multiple times, no answer/ transferred to a 12-Aug-22 Friday voicemailbox 13-Aug-22 Saturday weekend 14-Aug-22 Sunday weekend 15-Aug-22 Monday 16-Aug-22 Tuesday 17-Aug-22 Wednesday 18-Aug-22 Thursday contacted Maserati of Long Island and requested confirmation if they are able to do all necessary repairs; received callback later in the day regarding 19-Aug-22 Friday ability to do necessary repairs 20-Aug-22 Saturday weekend 21-Aug-22 Sunday weekend phone call with Maserati representative regarding ability to service car; agreed to repair car and set appointment date for pickup; closest 22-Aug-22 Monday appointment available was Sept 7th with return of car on Sept 12th. confirmation email regarding telephone call yesterday for car pickup, price, 23-Aug-22 Tuesday and return 24-Aug-22 Wednesday various emails with Maserati of LI sorting out billing and pickup issues HR&A NEW YORK 350 Fifth Avenue I Suite 5220 I New York, NY 101 18 Phone: +1.212.584.4230 I Fax: +1 212.584.42331 Webseite: www.hr-ny.com FILED: NEW YORK COUNTY CLERK 05/30/2023 05:33 PM INDEX NO. 652613/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 H.ROSKE & ASSOCIATES U.S. Attorneys For The German-Speaking Industries 25-Aug-22 Thursday various emails with Maserati of LI sorting out billing and pickup issues 26-Aug-22 Friday various emails with Maserati of LI sorting out billing and pickup issues 27-Aug-22 Saturday weekend 28-Aug-22 Sunday weekend 29-Aug-22 Monday phone call with Maserati of LI re same matter 30-Aug-22 Tuesday phone call with Maserati of LI re same matter, scheduling the pickup phone call with Maserati LI confirmation the time when the car will be 31-Aug-22 Wednesday picked up 1-Sep-22 Thursday 2-Sep-22 Friday 3-Sep-22 Saturday weekend 4-Sep-22 Sunday weekend 5-Sep-22 Monday holiday 6-Sep-22 Tuesday 7-Sep-22 Wednesday confirmation email w/ Maserati of LI re pickup scheduled for today 8-Sep-22 Thursday car with Maserati of Long Island for repair 9-Sep-22 Friday car with Maserati of Long Island for repair 10-Sep-22 Saturday car with Maserati of Long Island for repair 11-Sep-22 Sunday car with Maserati of Long Island for repair return of the car to my parking spot, payment of invoice to Maserati of 12-Sep-22 Monday Manhattan HR&A NEW YORK 350 Fifth Avenue I Suite 5220 I New York, NY 101 18 Phone: +1.212.584.4230 I Fax: +1.212.584.4233 I Webseite: www.hr-ny.com