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  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
  • Najah Stevens v. Irt Partnership, Sdhr Management, Llc Torts - Other (Slip/Fall) document preview
						
                                

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FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 "B" EXHIBIT FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 Rudi O. Sherbansky, P.E., F. NSPE, MBA c/o ASPA Engineering LLC 17"' 380 Lexington Avenue, Floor, New York, NY 10168 50 Webster Avenue, Suite 1J, New Rochelle, NY 10801 rsherbansky@AspaGroup,com (347) 635-5090 RESUME Highlights: Principal of several engineering consulting firms in New York City in past 20+ years. Senior Forensic Consulting Engineer admitted as expert witness in New York State Supreme Courts, Civil, Landlord-Tenant Court and U.S. Bankruptcy Court. Vice President and past Chair of the Construction Division of the New York State Society of Professional Engineers. Past Chair of the PE's in Construction Group of the National Society of Professional Engineers (NSPE). Senior Consultant providing Construction Supervision and Administration of gut- rehabilitation projects of residential neighborhoods in New York City. Director of a licensed Special Inspection Agency in New York City. Owner's Representative on construction projects iI New York City. Developer of several residential apartments projects in New York City. Expert Witness Qualifications: Admitted as Expert Witness in New York State Supreme, Civil, Landlord/Tenant Courts and U.S. Bancrupcy Court. Previously admitted in last six (6) years as expert witness professional engineer at the following Courts: New York State Supreme Court, Richmond 2018 - Lomagno v. Lomagno County County, National Arbitration and Mediation, 2017 - of Gebert & Irizzary v. Catalano Hearing New York State Supreme Queens 2016 - Joza v. Horizon 33 Management. Court, County, New York State Supreme Court, Queens 2013 - Vasquez v. LIRR. Index #10534/10 County, Page 1 of 7 FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 Experience: 2011 - ASPA LLC Present, Engineering 380 Lexington Avenue, New York, NY 10168 50 Webster Avenue, Suite 1J, New Rochelle, NY 10801 + A senior consultant conducting forensic evaluations of defective building construction and building's compliance with Codes and regulations of New York City and New York State. This work includes reviewing case documents, performing fact finding inspections of construction incidents, including structural damage of adjoining properties, building fire and explosion damage, building's exterior envelope failures, moisture penetration, reviewing Code requirements, construction defects, accidents, trip & fall, providing professional opinions, as well as providing expert witness reports containing evaluation of defective conditions and Code compliance of existing buildings and new construction. + A senior consultant conducting evaluations of building's physical conditions and building's compliance with Codes and regulations of New York City and New York State, including LL 11/98 exterior walls reports and Special Inspections. This work includes performing fact finding inspections, reviewing Code requirements, providing professional opinions, as well as providing property conditions inspection reports containing evaluation of defective conditions and Code compliance of commercial and residential properties. + Prepare drawings, specifications and obtained approvals by the NYC Department of Buildings for Major Capital Improvement Projects, including façade and exterior walls restoration projects, terraces, roof and windows replacements. Performed construction progress monitoring of the projects and monitoring of project consultants. + Provided renovation and restoration assessment reports. Assisted landlords in curing violations, complying with building Local Laws and regulations, correcting defective elements and conditions on numerous properties in New York City. Attended municipal hearings at the Environmental Control Board as landlord representative to resolve and mitigate Code violations pertaining to defective building conditions. + A senior consultant, providing engineering consulting services to residential and commercial landlords, developers, tenant groups, condominium and coop associations. Services provided included, development studies, pre-purchase inspections, property condition reports, forensic reports, renovation specifications, structural and construction drawings, fire damage reports and expert witness opinions. Page 2 of 7 FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 1995 - 2010 - Real Estate Inspection Valuation Advisors 350 Fifth Avenue, 33th Fl., New York, NY 10108 ":" Provided accident and Disaster Damage forensic investigation and reporting Evaluations, for landlords, tenants and injury victims. This work included an investigation of property damage and toxic contamination due to the 9/11 terrorist attack and fallout in the vicinity of the World Trade Center. Other Evaluations cases include, construction accidents, trip & fall injuries due to defective construction & means of egress, evaluation of health Hazards such as asbestos and lead contaminations, and special situations. This work also includes preparation of engineer's reports of fire damage in buildings for public adjustors and insurance companies. + Prepared property Change of Use and zoning analysis, Planning and Municipal Approvals services for landlords and developers in New York City and the vicinity. This work included obtaining approvals to convert buildings from commercial or manufacturing use to residential live / work loft apartments in New York City. This work included preparation of a report of the feasibility of converting a group of Brownfield, toxic contaminated sites in Newark vicinity, into strip malls and commercial developments. Planning, budgeting and obtaining zoning board approvals for residential building developments in New Jersey. ":" Planned and prepared construction drawings and work specifications in compliance with Building Codes, filed plans and obtained approvals by the NYC Department of Buildings for major building alterations and restorations. These projects include, planning, obtaining approvals and supervising the addition of penthouse levels on building roofs, planning, obtaining approvals and supervising work to assemble and combine 4 apartments into a buildings' luxury unit at the Trump Parc, obtaining approvals to combine two Certificates of Occupancies into one and constructing a penthouse level. Preparing plans, work specifications and supervising restoration of three attached buildings, replace roofing and windows, rebuild parapets and add apartments in basements, as well as, obtaining approvals to combine a 10-unit multiple dwelling into a single family townhouse and supervise the work to completion. + Conducted over a hundred evaluations of building's physical conditions and building's compliance with Codes and regulations of New York City and New York State. This work includes fact finding inspections and providing professional opinions, as well as performing property conditions inspection reports containing evaluation of defective conditions and Code compliance of commercial and residential properties, + Prepare drawings, specifications and obtained approvals by the NYC Department of Buildings for Major Capital Improvement Projects. This work included façade and exterior walls restoration projects, lobby and public hallway renovations, elevator modernization, roof and windows replacements. Performed construction progress monitoring of the projects and monitoring of project consultants. Page 3 of 7 FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 + Prepared Pre-Acquisition - Phase I Environmental Site Assessment Studies for mortgagees or landlords who - set by ASTM are refinancing [ Per standards E1527-94: Assessment Process, and El 528-9: Transaction Screen Process] + Participated in several development projects in New York City and the vicinity as part of the developer team. Supervising construction and preparation of properties for sale. Participated in conflict resolution in Landlord-Tenant Court and negotiations to relocate tenants. + Director and principal of a property inspection franchise in New York City known as HouseMaster of America. Responsible for all aspects of the franchise, including inspectors procurement and training, franchise marketing, advertizing, administration and new business. 1989 - Daniel Frankfurt PC Engineers [a/k/a HDR 1992, Consulting Inc.] 800 Second Avenue, New York, NY 10021 + Supervised gut renovations and building rehabilitation projects as structural engineers for the City's Dept. of Housing Preservation & Developrnent and Dept. of Transportation. Inspected construction performed by building contractors hired by the City to perform rehabilitation of low income and public housing projects. + Monitored construction projects as the bank's engineer for major lenders, including the Community Preservation Corp. [CPC], Citibank and Greenpoint Savings Bank. Reviewing work specifications and Code Compliance of construction projects and providing construction project supervision and progress requisition monitoring for lenders. + Prepared design drawings and supervised gut rehabilitation of apartment buildings on behalf of non-profit developers, including Banana Kelly's Housing for the Homeless project on Fox Street, Bronx. Prepared construction drawings, specifications and filed plans with the NYC Department of Buildings for Gut Rehabilitation / Major Capital Improvement Projects. + Review project details and objections with City's DOB examiners and inspectors. Monitored and coordinated work of architects, expeditors and other project consultants. Performed site meetings with contractors to review progress, approve design details, shop drawings and changes. + Prepared construction evaluation reports for compliance with the City's Partial Loan Participation Program and section 7A Loan Program - per Standards set by NYC [PLP] Department of Housing Preservation and Development. Page 4 of 7 FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 1987 - Braxton Engineers. 1990, Engineering PC, Consulting 19"' 220 West Street, New York, NY + Prepared building-wide evaluation reports and capital reserve budgets for Condominium Owners corporations, Coop shareholders and tenants associations. Inspected all structural and mechanical components of buildings to evaluate construction quality and compliance with construction Codes and housing laws. This work included preparing engineering buildings' reports to provide information on major structural and mechanical features, describe their existing conditions, observed deficiencies and promulgate professional recommendations of work required to rehabilitate and put the building into good manageable conditions. + Prepared design plans and supervised major capital improvement projects for commercial and residential buildings in New York City. Projects included restoration of facades and exterior walls, windows and roof replacement, boiler and HVAC replacement; elevator modernization, lobby & public hallways .renovations. This work included, preparation of working drawings and specifications, filing to obtain plan approval Permit and Work by the NYC Department of Buildings and monitoring the progress of the work by the contractor and other project consultants and obtaining final sign-offs by the City for the project. + . Performed Building Code and zoning analysis to evaluate the project's compliance with City's construction and housing Codes for Tenants Associations, Coop and condominium shareholders and investors. + Prepared energy audits for landlords, Coop and Condo Boards, that used the audits for applications for the Energy Loan Programs - per Standards set by NYS filing Efficiency Department of Energy. + Prepared Pre-Acquisition - Phase I Environmental Site Assessment Studies for or landlords who are refinancing - set by ASTM mortgagees [ Per standards E1527-94: Assessment Process, and El528-9: Transaction Screen Process] + Attend meetings of Coop shareholders, Condominium Associations and Tenant Associations to review Attorney General's requirements of disclosure, minimum Working Capital budget and Major Capital Improvement Reserve requirements. Page 5 of 7 FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 1985 - Charles B. Ferris PE and William A. Hall Associates. New NY. 1987, York, + Prepared engineering reports required for filing Offering Plans for Coop and Condominium Conversion Plans with the NYS Attorney General. Inspected all structural and mechanical components of buildings to evaluate construction quality and compliance with construction Codes and housing laws. buildings' + Prepared engineering reports to provide information on major structural and mechanical features, describe their existing conditions, deficiencies and promulgate professional recommendations of work required to rehabilitate and put the building into good manageable conditions. + Perfortned building inspections, evaluated construction quality and prepared an estimate of Major Capital Improvement Reserves based on replacement costs and life expectancy of major building components and equipment. + Reserve fund estimates were published in compliance with filing requirements in New Jersey Offering Plans for conversions of properties to cooperative or condominium ownerships. + Researched property's history and public records stored at municipal agencies, including NYC Dept. of Buildings, HPD, Dept. of Finance, Environmental Control Board. Searched tenant history and rent records at NYS Dept. of Housing and Urban Renewals. EDUCATION : 2004-Present: Attended continuing education courses in engineering design, inspections, new Code regulations and construction practices throughout New York State. 2013 Attended training seminars and qualified as Director of a Licensed NYC Special Inspections Agency. 1996 Attended Property Appraisal and Building Management courses at the New York University, Real Estate Division. 1995 Attended training seminar and qualified for NYFD Certificate of Fire Safety Director. 1992 - 1994 Masters in Business Administration [MBA] New York University, Stern School of Business. New York, NY. 1981 - 1984 Bachelor in Applied Science, Civil Engineering [BSCE] University of Ottawa, Ottawa, Canada. Page 6 of 7 FILED: KINGS COUNTY CLERK 10/30/2023 03:11 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 10/30/2023 LICENSES: Oct. 1991 License of a Professional Engineer [P.E.] No. 068479-1, State University of New York. 2013 Director of a Licensed NYC Special Inspections Agency. MEMBERSHIP: + Member of the New York State Society of Professional Engineers [NYSSPE] + Regional Vice President of NYSSPE, New York City Region. + Past-Chair of the Professional Engineers in Construction Practice Division of NYSSPE. + Past-Chair of the Professional Engineers in Construction Interest Group o f the National Society of Professional Engineers [NSPE]. OTHER PROFESSIONAL ACTIVITIES: + Helped organize and form several Continuing Education courses and seminars for Professional Engineers as Program Chair of the Professional Engineers in Construction [PEC] Division of the New York State Society of Professional Engineers [NYSSPE]. + Provided and lectured in a Continuing Education course for Professional Engineers as part of the activities of the Professional Engineers in Construction [PEC] Division of the New York State Society of Professional Engineers [NYSSPE]. + Lectured in seminars for small property owners on the topic of building inspections. tenants' + Performed presentations of property evaluations at Association meetings, public meetings and at Board of Directors meetings. + Prepared several dozens of property evaluation reports, which were filed and approved by the NYS Attorney General and published in public offering plans of cooperative and condominium building conversion projects throughout New York City and the vicinity. Referen ces: Available upon request. Page 7 of 7