Preview
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
Exhibit 1
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
Chavez, Wendy
From: Tamoor, Yasmean (Law)
Sent: Friday, March 8, 2024 5:02 PM
To: Chavez, Wendy; Gelfand, Andrew (Law)
Cc: Gardner, Brian L.; Meglino, David; Papandrea, Amanda (Law); Schulsohn, Richard (Law);
Funkhouser, Robert (Law)
Subject: Re: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City
Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U
CAUTION: External Message
Thank you for your confirmation Wendy. Have a nice weekend everyone!
Yasmean
Yasmean Tamoor-Snyder, Esq.
Senior Counsel
New York City Law Department
Commercial and Real Estate Litigation Division
100 Church Street, Rm 3-128
New York, NY 10007
(212) 356-2541
Ytamoor@law.nyc.gov
From: Chavez, Wendy
Sent: Friday, March 8, 2024 5:00:27 PM
To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David ; Papandrea, Amanda
(Law) ; Schulsohn, Richard (Law) ; Funkhouser, Robert (Law)
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
You don't often get email from wchavez@coleschotz.com. Learn why this is important
Good afternoon Yasmean,
We confirm and agree to the additional 2-week extension in accordance with the terms below.
Have a nice weekend,
Wendy
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
1
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
From: Tamoor, Yasmean (Law)
Sent: Friday, March 8, 2024 4:38 PM
To: Chavez, Wendy ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David ; Papandrea, Amanda
(Law) ; Schulsohn, Richard (Law) ; Funkhouser, Robert (Law)
Subject: Re: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
CAUTION: External Message
Hi Wendy,
We wanted to follow up on our extension request below:
1. Triumph will postpone filing the Article 78 proceeding and TRO for an additional 2 weeks from March 11, 2024
(ending on March 25, 2024). The City will work with DOT to review Triumph’s appeal and facilitate DOT’s
determination of the appeal.
2. The City and DOT confirms that Contract No. SANDHB2U has not been awarded. The City and DOT agrees that it
will not be awarded to any other bidder during this additional 2-week period.
Please confirm via email if this is acceptable.
Thank you!
Yasmean
From: Chavez, Wendy
Sent: Monday, February 26, 2024 11:15 AM
To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
You don't often get email from wchavez@coleschotz.com. Learn why this is important
Thank you, Yasmean. Hope you have a nice day too.
2
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
From: Tamoor, Yasmean (Law)
Sent: Monday, February 26, 2024 11:13 AM
To: Chavez, Wendy ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
CAUTION: External Message
Good morning Wendy,
Thank you for your email. We confirm and agree to the terms below.
Have a nice day,
Yasmean Tamoor-Snyder, Esq.
Senior Counsel
New York City Law Department
Commercial and Real Estate Litigation Division
100 Church Street, Rm 3-128
New York, NY 10007
ytamoor@law.nyc.gov
From: Chavez, Wendy
Sent: Monday, February 26, 2024 11:11 AM
To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
You don't often get email from wchavez@coleschotz.com. Learn why this is important
Good morning Yasmean,
Thank you for discussing this matter with me this morning.
We have discussed your proposal, and agree to the additional 2-week pause on the same terms as before:
3
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
1. Triumph will postpone filing the Article 78 proceeding and TRO for an additional 2 weeks from today (ending on
March 11). The City will work with DOT to review Triumph’s appeal and facilitate DOT’s determination of the
appeal.
2. The City and DOT confirms that Contract No. SANDHB2U has not been awarded. The City and DOT agrees that it
will not be awarded to any other bidder during this additional 2-week period.
Kindly confirm our agreement in a response email.
Thank you,
Wendy
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
From: Tamoor, Yasmean (Law)
Sent: Wednesday, February 21, 2024 4:08 PM
To: Chavez, Wendy ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: Re: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
CAUTION: External Message
Good Afternoon Wendy,
Let me check in on that for you. I will be sure to reach out if we need additional information.
Thank you,
Yasmean
From: Chavez, Wendy
Sent: Wednesday, February 21, 2024 4:03 PM
To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
You don't often get email from wchavez@coleschotz.com. Learn why this is important
Good afternoon Andy and Yasmean,
4
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
I just wanted to follow up on this matter to see if there was any update on DOT’s review of Triumph’s appeal. Please let
us know if it would be helpful to set up a call to discuss, or if we can provide any additional information.
Thank you,
Wendy
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
From: Chavez, Wendy
Sent: Tuesday, February 13, 2024 11:04 AM
To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
Good morning Yasmean,
Thank you for the confirmation.
Wendy
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
5
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
From: Tamoor, Yasmean (Law)
Sent: Tuesday, February 13, 2024 10:56 AM
To: Chavez, Wendy ; Gelfand, Andrew (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation,
City of New York, et al - DOT Contract No. SANDHB2U
CAUTION: External Message
Good morning Wendy,
Thank you very much for your email. We confirm our understanding, as reflected in the email below:
1. Triumph will postpone filing the Article 78 proceeding and TRO for 2 weeks. The City will work with DOT to
review Triumph’s appeal and facilitate DOT’s determination of the appeal.
2. The City and DOT confirms that Contract No. SANDHB2U has not been awarded. The City and DOT agrees that it
will not be awarded to any other bidder during the 2-week period.
We will work on this matter and will reach out if we need additional information. Please feel free to reach out to us with
any questions or concerns.
Thanks again,
Yasmean Tamoor-Snyder, Esq.
Senior Counsel
New York City Law Department
Commercial and Real Estate Litigation Division
100 Church Street, Rm 3-128
New York, NY 10007
(212)356-2541
ytamoor@law.nyc.gov
From: Chavez, Wendy
Sent: Monday, February 12, 2024 7:24 PM
To: Gelfand, Andrew (Law) ; Tamoor, Yasmean (Law)
Cc: Gardner, Brian L. ; Meglino, David
Subject: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City
of New York, et al - DOT Contract No. SANDHB2U
You don't often get email from wchavez@coleschotz.com. Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment (Click the More button, then
forward as attachment).
Hi Andy,
6
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
It was a pleasure speaking with you and Yasmean earlier today. Based on our discussion, it is my understanding that the
NYC Law Department (you and Yasmean in particular) is representing the NYC Department of Transportation (DOT) and
the City of New York in this matter.
We agree with your proposal, that Triumph will postpone filing the Article 78 proceeding and TRO for 2 weeks, during
which time your office will work with DOT to review Triumph’s appeal and facilitate DOT’s determination of the appeal.
Additionally, the City and DOT confirm that Contract No. SANDHB2U has not been awarded, and agree that it will not be
awarded to any other bidder during the 2-week period.
We look forward to speaking with you further and are happy to provide any additional information or schedule a
meeting with Triumph if appropriate. Please do not hesitate to contact us, and kindly keep us posted on the status of
the appeal.
Kindly confirm our understanding in a response email.
Thank you,
Wendy
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
******
This e-mail message from Cole Schotz P.C. is private and may contain privileged information. If you are not the intended
recipient, please do not read, copy or use it or disclose it to others. If you have received this message in error, please
notify the sender immediately by replying to this message and then delete it from your system.
7
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024
From: Chavez, Wendy
Sent: Monday, February 12, 2024 2:24 PM
To: yrodriguez@dot.nyc.gov; rwanttaja@dot.nyc.gov; MDeFazio@dot.nyc.gov; pochoa@dot.nyc.gov;
mforgione@dot.nyc.gov; Meglino, David ; ServiceECF@law.nyc.gov
Cc: Gardner, Brian L. ; Meglino, David ;
Valvano, Megan J
Subject: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City
of New York, et al - DOT Contract No. SANDHB2U
Good afternoon:
This firm represents Triumph Construction Corp. (“Triumph”). Please be advised that tomorrow, February
13, 2024, at 2:30 PM, we will commence an Article 78 Proceeding via Order to Show Cause in the New
York County Supreme Court seeking, among other things, an order: (A) compelling the New York City
Department of Transportation’s Commissioner Ydanis Rodriguez to issue a decision, within 14 days of a
Court Order, on Triumph’s January 8, 2024 appeal (“Appeal”) of the determination of the Agency Chief
Contracting Officer (“ACCO”) dated January 2, 2024 (“ACCO’s Determination”), which declined to award
of the DOT Contract No. SANDHB2U (“Contract”); and (B) restraining and enjoining the DOT and City of
New York from awarding the Contract to another bidder, or registering the Contract, until the issuance of
the DOT Commissioner’s decision on the Appeal.
Please be further advised that Triumph’s Order to Show Cause will request a temporary restraining order
(“TRO”) preventing the DOT and the City of New York from: (i) awarding and/or registering the Contract
to another bidder pending a determination of the proceeding; (ii) alternatively, if the Contract has already
been awarded to another bidder, restraining the DOT and the City of New York, and their agents, officers,
and employees from taking any further action to implement any award of the Contract or commence the
Project pending the determination of the proceeding.
You will receive a copy of our application and associated papers once they are filed via NYSCEF, and we
will advise you when we are notified by the Court of a hearing date and time on the TRO application, if
any.
Kindly confirm receipt of this e-mail and whether you intend to appear in response to Triumph’s TRO
application.
WENDY CHAVEZ
ASSOCIATE
OFFICE 646.563.8943
EMAIL wchavez@coleschotz.com
1325 Avenue of the Americas | 19th Floor | New York, NY 10019
NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA
VCARD | BIO | COLESCHOTZ.COM
Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com
Preview
FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 Exhibit 1 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 Chavez, Wendy From: Tamoor, Yasmean (Law) Sent: Friday, March 8, 2024 5:02 PM To: Chavez, Wendy; Gelfand, Andrew (Law) Cc: Gardner, Brian L.; Meglino, David; Papandrea, Amanda (Law); Schulsohn, Richard (Law); Funkhouser, Robert (Law) Subject: Re: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U CAUTION: External Message Thank you for your confirmation Wendy. Have a nice weekend everyone! Yasmean Yasmean Tamoor-Snyder, Esq. Senior Counsel New York City Law Department Commercial and Real Estate Litigation Division 100 Church Street, Rm 3-128 New York, NY 10007 (212) 356-2541 Ytamoor@law.nyc.gov From: Chavez, Wendy Sent: Friday, March 8, 2024 5:00:27 PM To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David ; Papandrea, Amanda (Law) ; Schulsohn, Richard (Law) ; Funkhouser, Robert (Law) Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U You don't often get email from wchavez@coleschotz.com. Learn why this is important Good afternoon Yasmean, We confirm and agree to the additional 2-week extension in accordance with the terms below. Have a nice weekend, Wendy WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 1 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com From: Tamoor, Yasmean (Law) Sent: Friday, March 8, 2024 4:38 PM To: Chavez, Wendy ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David ; Papandrea, Amanda (Law) ; Schulsohn, Richard (Law) ; Funkhouser, Robert (Law) Subject: Re: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U CAUTION: External Message Hi Wendy, We wanted to follow up on our extension request below: 1. Triumph will postpone filing the Article 78 proceeding and TRO for an additional 2 weeks from March 11, 2024 (ending on March 25, 2024). The City will work with DOT to review Triumph’s appeal and facilitate DOT’s determination of the appeal. 2. The City and DOT confirms that Contract No. SANDHB2U has not been awarded. The City and DOT agrees that it will not be awarded to any other bidder during this additional 2-week period. Please confirm via email if this is acceptable. Thank you! Yasmean From: Chavez, Wendy Sent: Monday, February 26, 2024 11:15 AM To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U You don't often get email from wchavez@coleschotz.com. Learn why this is important Thank you, Yasmean. Hope you have a nice day too. 2 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com From: Tamoor, Yasmean (Law) Sent: Monday, February 26, 2024 11:13 AM To: Chavez, Wendy ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U CAUTION: External Message Good morning Wendy, Thank you for your email. We confirm and agree to the terms below. Have a nice day, Yasmean Tamoor-Snyder, Esq. Senior Counsel New York City Law Department Commercial and Real Estate Litigation Division 100 Church Street, Rm 3-128 New York, NY 10007 ytamoor@law.nyc.gov From: Chavez, Wendy Sent: Monday, February 26, 2024 11:11 AM To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U You don't often get email from wchavez@coleschotz.com. Learn why this is important Good morning Yasmean, Thank you for discussing this matter with me this morning. We have discussed your proposal, and agree to the additional 2-week pause on the same terms as before: 3 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 1. Triumph will postpone filing the Article 78 proceeding and TRO for an additional 2 weeks from today (ending on March 11). The City will work with DOT to review Triumph’s appeal and facilitate DOT’s determination of the appeal. 2. The City and DOT confirms that Contract No. SANDHB2U has not been awarded. The City and DOT agrees that it will not be awarded to any other bidder during this additional 2-week period. Kindly confirm our agreement in a response email. Thank you, Wendy WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com From: Tamoor, Yasmean (Law) Sent: Wednesday, February 21, 2024 4:08 PM To: Chavez, Wendy ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: Re: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U CAUTION: External Message Good Afternoon Wendy, Let me check in on that for you. I will be sure to reach out if we need additional information. Thank you, Yasmean From: Chavez, Wendy Sent: Wednesday, February 21, 2024 4:03 PM To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U You don't often get email from wchavez@coleschotz.com. Learn why this is important Good afternoon Andy and Yasmean, 4 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 I just wanted to follow up on this matter to see if there was any update on DOT’s review of Triumph’s appeal. Please let us know if it would be helpful to set up a call to discuss, or if we can provide any additional information. Thank you, Wendy WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com From: Chavez, Wendy Sent: Tuesday, February 13, 2024 11:04 AM To: Tamoor, Yasmean (Law) ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U Good morning Yasmean, Thank you for the confirmation. Wendy WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com 5 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 From: Tamoor, Yasmean (Law) Sent: Tuesday, February 13, 2024 10:56 AM To: Chavez, Wendy ; Gelfand, Andrew (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: RE: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U CAUTION: External Message Good morning Wendy, Thank you very much for your email. We confirm our understanding, as reflected in the email below: 1. Triumph will postpone filing the Article 78 proceeding and TRO for 2 weeks. The City will work with DOT to review Triumph’s appeal and facilitate DOT’s determination of the appeal. 2. The City and DOT confirms that Contract No. SANDHB2U has not been awarded. The City and DOT agrees that it will not be awarded to any other bidder during the 2-week period. We will work on this matter and will reach out if we need additional information. Please feel free to reach out to us with any questions or concerns. Thanks again, Yasmean Tamoor-Snyder, Esq. Senior Counsel New York City Law Department Commercial and Real Estate Litigation Division 100 Church Street, Rm 3-128 New York, NY 10007 (212)356-2541 ytamoor@law.nyc.gov From: Chavez, Wendy Sent: Monday, February 12, 2024 7:24 PM To: Gelfand, Andrew (Law) ; Tamoor, Yasmean (Law) Cc: Gardner, Brian L. ; Meglino, David Subject: [EXTERNAL] RE: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U You don't often get email from wchavez@coleschotz.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment (Click the More button, then forward as attachment). Hi Andy, 6 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 It was a pleasure speaking with you and Yasmean earlier today. Based on our discussion, it is my understanding that the NYC Law Department (you and Yasmean in particular) is representing the NYC Department of Transportation (DOT) and the City of New York in this matter. We agree with your proposal, that Triumph will postpone filing the Article 78 proceeding and TRO for 2 weeks, during which time your office will work with DOT to review Triumph’s appeal and facilitate DOT’s determination of the appeal. Additionally, the City and DOT confirm that Contract No. SANDHB2U has not been awarded, and agree that it will not be awarded to any other bidder during the 2-week period. We look forward to speaking with you further and are happy to provide any additional information or schedule a meeting with Triumph if appropriate. Please do not hesitate to contact us, and kindly keep us posted on the status of the appeal. Kindly confirm our understanding in a response email. Thank you, Wendy WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com ****** This e-mail message from Cole Schotz P.C. is private and may contain privileged information. If you are not the intended recipient, please do not read, copy or use it or disclose it to others. If you have received this message in error, please notify the sender immediately by replying to this message and then delete it from your system. 7 FILED: NEW YORK COUNTY CLERK 04/15/2024 08:02 PM INDEX NO. 153528/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/15/2024 From: Chavez, Wendy Sent: Monday, February 12, 2024 2:24 PM To: yrodriguez@dot.nyc.gov; rwanttaja@dot.nyc.gov; MDeFazio@dot.nyc.gov; pochoa@dot.nyc.gov; mforgione@dot.nyc.gov; Meglino, David ; ServiceECF@law.nyc.gov Cc: Gardner, Brian L. ; Meglino, David ; Valvano, Megan J Subject: TRO Notice - Triumph Construction Corp. v. New York City Department of Transportation, City of New York, et al - DOT Contract No. SANDHB2U Good afternoon: This firm represents Triumph Construction Corp. (“Triumph”). Please be advised that tomorrow, February 13, 2024, at 2:30 PM, we will commence an Article 78 Proceeding via Order to Show Cause in the New York County Supreme Court seeking, among other things, an order: (A) compelling the New York City Department of Transportation’s Commissioner Ydanis Rodriguez to issue a decision, within 14 days of a Court Order, on Triumph’s January 8, 2024 appeal (“Appeal”) of the determination of the Agency Chief Contracting Officer (“ACCO”) dated January 2, 2024 (“ACCO’s Determination”), which declined to award of the DOT Contract No. SANDHB2U (“Contract”); and (B) restraining and enjoining the DOT and City of New York from awarding the Contract to another bidder, or registering the Contract, until the issuance of the DOT Commissioner’s decision on the Appeal. Please be further advised that Triumph’s Order to Show Cause will request a temporary restraining order (“TRO”) preventing the DOT and the City of New York from: (i) awarding and/or registering the Contract to another bidder pending a determination of the proceeding; (ii) alternatively, if the Contract has already been awarded to another bidder, restraining the DOT and the City of New York, and their agents, officers, and employees from taking any further action to implement any award of the Contract or commence the Project pending the determination of the proceeding. You will receive a copy of our application and associated papers once they are filed via NYSCEF, and we will advise you when we are notified by the Court of a hearing date and time on the TRO application, if any. Kindly confirm receipt of this e-mail and whether you intend to appear in response to Triumph’s TRO application. WENDY CHAVEZ ASSOCIATE OFFICE 646.563.8943 EMAIL wchavez@coleschotz.com 1325 Avenue of the Americas | 19th Floor | New York, NY 10019 NEW JERSEY NEW YORK DELAWARE MARYLAND TEXAS FLORIDA VCARD | BIO | COLESCHOTZ.COM Legal Practice Assistant: Brooke Fink | 201.489.3000 x 5097 | bfink@coleschotz.com