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INDEX NO. 117469/2008
(FILED: NEW YORK COUNTY CLERK 1270872010)
NYSCEF DOC. NO. 432 RECEIVED NYSCEF: 12/08/2010
i
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: CIVIL TERM: PART 12
oo +--+ +--+ - eeee
IN RE 9187 STREET CRANE COLLAPSE INDEX NO. 771000/2010
LITIGATION
XHEVAHIRE SINANAJ and SELVI SINANOVIC as POST DEPOSITION
Co-administrators of The Estate of DISCOVERY & INSPECTION
RAMADAN KURTAT, Deceased & SELVI DEMAND
SINANOVIC Individually,
Index No. 117469/2008
Plaintiffs,
-against- The Honorable Paul G.
Feinman, J.S.C.
THE CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF BUILDINGS, MICHAEL CARBONE,
PATRICIA J. LANCASTER, ROBERT LIMANDRI,
CITY OF NEW YORK SCHOOL CONSTRUCTION
AUTHORITY, CITY OF NEW YORK SCHOOL
CONSTRUCTION FUND, NEW YORK CITY
EDUCATIONAL CONSTRUCTION FUND, NEW YORK
CRANE & EQUIPMENT CORP., o.F. LOMMA,
INC., TES, INC., JF LOMA TRUCKING AND
RIGGING, JF LOMA RIGGING AND SPECIALIZED
SERVICES, JAMES F. LOMMA, BRADY MARINE
REPAIR co., TESTWELL, INC., BRANCH
RADIOGRAPHIC LABORATORIES, INC., CRANE
INSPECTION SERVICES, LTD., SORBARA
CONSTRUCTION CORP., 1765 FIRST
ASSOCIATES, LLC, LEON D. DEMATTEIS
CONSTRUCTION CORPORATION, MATTONE GROUP
CONSTRUCTION CO. LTD., MATTONE GROUP
LTD., MATTONE GROUP, LLC, HOWARD Ir
SHAPIRO & ASSOCIATES CONSULTING
ENGINEERS, P.C., NEW YORK RIGGING CORP.,
TOWER RIGGING CONSULTANTS, INC., TOWER
RIGGING, INC., UNIQUE RIGGING CORP.,
LUCIUS PITKIN, INC., MCLAREN ENGINEERING
GROUP, M.G. MCLAREN, P.C., & “JOHN/JANE
DOES” “1" THROUGH “10",
Defendants.
eon eee e+---- eeee
LEON D. DEMATTEIS CONSTRUCTION
CORPORATION,
Third-Party Plaintiff,
-against-
THE CITY OF NEW YORK and THE CITY OF NEW
YORK DEPARTMENT OF BUILDINGS,
Third-Party Defendants.
SORBARA CONSTRUCTION CORP.,
Second Third-Party Plaintiff,
-against-
THE CITY OF NEW YORK and THE CITY OF NEW
YORK DEPARTMENT OF BUILDINGS,
Second Third-Party Defendant.
-----------
+--+ ee
PLEASE TAKE NOTICE, that pursuant to the Rules of this Court
and the Civil Practice Laws and Rules, you are hereby required to
serve upon delivery to the undersigned as liaison counsel for
construction defendants and attorney for Leon D. DeMatteis and all
parties to this action within 30 days, the following:
1. A copy of the passport of Selvi Sinanovic that was in
effect from 2003 to the present;
2. Color copies of the 200 photographs of Mr Kurtaj and
Ms. Sinanovic wedding and non-wedding pictures that Ms. Sinanovic
testified to at her deposition;
-2-
3 Authorizations to obtain the applications and tenant’s
files for every apartment Selvi Sinanovic had from the time she
moved to Maryland in 2006 up until the time of the death of Ramadan
Kurtaj on May 30, 2008 including but not limited to the following:
A Tenant file;
B Applications filled out for benefits and
the apartment;
Cc Documents provided to the landlord or
rental agent/managing agent to rent the
apartment and maintain the apartment;
Documents supplied by Selvi Sinanovic to
any government agency or documents that
were provided to her to fill out
including any back-up documentation that
she utilized.
4 A copy of the original marriage certificate;
5 Authorizations to obtain from the United States
Government all paperwork filled out and supplied in regard to Mr.
Kurtaj’s immigration to the United States including but not limited
to applications for permanent residency;
6 The full name and address of Alyse Ramos;
7 The full name and last known address of Wishaun Simons;
8. The lease agreement, application for rental of
apartment, and tenant file for Selvi Sinanovic from 288 Cumberland
Street, Harrisburg, PA, Apt. 304;
9 The full tenant’s file, lease agreement and application
that Selvi Sinanovic filled out for 1002 Jessica Court, Bellaire,
MD 21014;
-3-
10. The full tenant file, lease agreement and applications
filled out for Selvi Sinanovic’s apartment at 831 Fisherman’s Lane,
Edgewood, MD 21040;
11. The full name and present address of Dea Galloway, last
known address 267 Stratford Avenue, Aberdeen, MD;
12. Updated authorizations to obtain the workers
compensation records and files as a result of the death of Ramadan
Kurtaj from the Workers Compensation Board and from the workers
Compensation carrier;
13. Authorizations to obtain public assistance records in
regard to food stamps and benefits received from September 2006
through May 30, 2008 by Selvi Sinanovic and/or her daughter;
14. Any records that Selvi Sinanovic has of any cash
payments, check payments, monetary payments that were made by
Ramadan Kurtaj from the time of their marriage up until the time of
his death to Selvi Sinanovic and/or Mr. Kurtaj’s family in Kosovo;
15. The present addresses for the following:
A. Shkelzen Kurtaj;
B Fadil Kurtaj;
c Grosh Kurtaj;
D. Meta Kurtaj.
16. Authorizations to obtain Ramadan Kurtaj’s union
benefits plan and any benefit payments and applications made for or
from benefit plans to anyone or applications for claims for
benefits from the union since Mr. Kurtaj’s death on May 30, 2008;
-4-
17. Authorizations to obtain the Estate tax returns of
Ramadan Kurtaj, if any were filed in Federal, State or City;
18. Authorizations to obtain records from Western Union of
any wire transfers or cash payments sent to Selvi Sinanovic and/or
Ramadan Kurtaj’s parents and family in Kosovo;
19. Authorizations to obtain records from United Methodist
Church in Bellaire, MD known as an outlet church for any benefits
given or received by or to Selvi Sinanovic;
20. Authorizations to obtain records from HUD for any
program assistance provided to Selvi Sinanovic from 2006 to the
present;
21. A copy of any stipulation between Selvi Sinanovic and
Ramadan Kurtaj’s parents and/or Administratrix of the Estate in
regard to dividing the workers compensation benefits and benefits
that were agreed to in Surrogate’s Court, Bronx County;
22. Any receipts or proof of any gifts whether monetary,
jewelry or otherwise provided by Ramadan Kurtaj to Selvi Sinanovic
and/or other members of Ramadan Kurtaj’s family whether in the
United States or in Kosovo;
23. The name, address and bank account number and
authorizations to obtain bank records for any bank accounts that
Ramadan Kurtaj had in the United States from the time that he
arrived in the United States in 2006 up until the time of his death
on May 30, 2008;
24. Authorizations to obtain any cell phone records of
Ramadan Kurtaj, Selvi Sinanovic, or other members of the Kurtaj,
Sinanaj or Sinanovic for any phone calls made by any of them to
each other;
25. Authorizations to obtain the medical records and health
records for Mr. Kurtaj’s parents in Kosovo and Selvi Sinanovic;
26. Authorizations to obtain social services records from
Dauphin County, PA for Selvi Sinanovic and/or her daughter;
27. Proof of purchase of the Lexus vehicle owned by Ramadan
Kurtaj and where the vehicle is now including insurance records,
bill of sale, payment plans, loans, etc. If the vehicle was
shipped to Kosovo, proof that it was shipped to Kosovo and arrived
there;
28. The passport of Xhevahire Sinanaj from 2004 through the
present;
29. Copies of any receipts, airplane tickets, and hotel
bills from Xhevahire Sinanaj for travel to Kosovo Montenegro or
Europe from 2005 to the present;
30. The location of the Western Union office utilized by
Ramadan Kurtaj to wire money to his family in Kosovo and an
authorization for records that Xhevahire Sinanaj testified to that
she accompanied Mr. Kurtaj to the Western Union office in 2007 and
2008;
-6-
31. Any records of clothing purchased by Mr. Kurtaj and
delivered to Mr. Kurtaj’s parents by any members of the Sinanaj or
Kurtaj family or anyone else that traveled from the United States
to Kosovo for the years 2006-2008;
32. Authorizations to obtain the tenant file and copy of
the lease for 798 Astor Avenue, Bronx, NY where Mr. Kurtaj lived
just prior to his death;
33. The present address of Deka Ninkqui; and
34. A copy of the birth certificate for Selvi Sinanovic’s
daughter that was born in Maryland and an authorization to obtain
same.
PLEASE TAKE FURTHER NOTICE, that the within demand is a
continuing demand. In the event that any of the above items are
obtained after service of this demand, they are to be furnished to
the undersigned pursuant to this demand.
PLEASE TAKE FURTHER NOTICE, that upon your failure to
produce the aforesaid documents, at the time and place. required in
this notice, defendant will oppose any attempts to place this case
on the trial calendar of this court and/or appropriate motions for
relief will be made to this court.
PLEASE TAKE FURTHER NOTICE, that in lieu of producing the
items demanded herein, you may serve and submit to the undersigned
true and conformed copies of the items demanded herein at any time
prior to the aforesaid date.
-7-
Dated New York, New York
November 30, 2010
Yours, etc.,
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Leon D. Dematteis Construction Corp.
111 John Street, 20 Floor
New York, New York 10038-3198
(212) 964-7400
Our File No. QBE-00127.8/MDL
TO:
SUSAN M. KARTEN & ASSOCIATES, LLP
Attorney for Plaintiffs Xhevahire Sinanaj and Selvi Sinanovic as
Co-Administrators of the Estate of Ramadan Kurtaj, deceased & Selvi
Sinanovic Individually
355 Lexington Avenue, Suite 1400
New York, NY 10017
(212) 826-3800
File: Please Advise
LAW OFFICE OF MICHAEL O’NEILL
Attorney for Co-Plaintiff Selvi Sinanovic
30 Vesey Street, 34 Floor
New York, NY 10007
NICOLETTI HORNIG & SWEENEY
Attorney for Defendant 1765 First Associates LLC
Wall Street Plaza
88 Pine Street, 7 Floor
New York, NY 10005-1801
(212) 220-3830
File: 91000177-G (BAS/SDC)
LAW OFFICE OF ANDREA G. SAWYERS
Attorney for Defendant Brady Marine Repair Co has not consented to
E-Filing
3 Huntington Quadrangle, Suite 102S
P.O. Box 9028
Melville, NY 11747
(631) 501-3100
File: 0967516 RAH
- 8
CLAUSEN MILLER P.C.
Attorney for Defendant Branch Radiographic Laboratories, Inc.
One Chase Manhattan Plaza, 39% Floor
New York NY 10005
(212) 805-3900
File: Please Advise
FABIANI COHEN & HALL, LLP
Attorney for Defendants/Third-Party Defendants The City of New
York, New York City Department of Buildings, Patricia J. Lancaster
and Robert LiMandri
570 Lexington Avenue, 4** Floor
New York, NY 10022
(212) 644-4420
File: 857.34964
GOGICK, BYRNE & O’NEILL, LLP
Attorney for Defendant Howard I Shapiro & Associates Consulting
Engineers, P.C.
11 Broadway, Suite 1560
New York, NY 10004-1314
(212) 422-9424
File: Please Advise
GARFUNKEL, WILD & TRAVIS, P.C.
Attorney for Defendants Mattone Group Construction Co. Ltd.,
Mattone Group Ltd. and Mattone Group, LLC
111 Great Neck Road
Great Neck, NY 11021
(516) 393-2200
File: Please Advise
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP
Attorney for Defendants J.F. Lomma, Inc, James F. Lomma and New
York Crane & Equipment Corp., TES, Inc., JF Loma Trucking and
Rigging, JF Loma Rigging and Specialized Service
150 East 42° Street, 23*¢ Floor
New York, NY 10017-5639
(212) 490-3000
File: 05724.00069
GALLO VITUCCI & KLAR
Attorney for Defendant New York Rigging Corp.
90 Broad Street, 3*¢ Floor
New York, NY 10004
(212) 683-7100
File: Please Advise
-9-
CERUSSI & SPRING, P.C.
Attorney for Defendant City of New York School Construction
Authority has not consented to E-Filing
One North Lexington Avenue
White Plains, NY 10601-1700
(914) 948-1200
File: Please Advise
CARTAFALSA, SLATTERY, TURPIN & METAXAS
Attorney for Defendant/Second Third-Party Plaintiff Sobara
Construction Corp.
One Liberty Plaza
165 Broadway, 28 Floor
New York, NY 10006
(212) 225-7700
File: Please Advise
LAWRENCE WORDEN RAINIS & BARD, P.C.
Attorney for Defendant Testwell, Inc.
225 Broad Hollow Road, Suite 105E
Melville, NY 11747
(631) 694-0033
File: Please Advise
THE LAW OFFICES OF JEFFREY S. SHEIN & ASSOCIATES
Attorney for Defendant New York City Educational Construction Fund
s/h/a City of New York School Construction Fund
575 Underhill Boulevard, Suite 112
Syosset, NY 11791
(516) 922-6626
File: 0808-1235-RQB
BABCHIK & YOUNG, LLP
Attorney for Defendant Lucius Pitkin, Inc.
200 East Post Road, Suite 200
White Plains, NY 10601
(914) 470-0001
File: Please Advise
L’ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P.
Attorney for Defendants
McLaren Engineering Group and M.G. McLaren, P.C.
1001 Franklin Avenue, 3*¢ Floor
Garden City, NY 11530
(516) 294-8844
File: 09-2465-94271
- 10 -
LAW OFFICE OF RICHARD E. SIGNORELLI
Attorney for Defendant Michael Carbone
799 Broadway, Suite 539
New York, NY 10003
(212) 254-4218
File: Please Advise
-11-
STATE OF NEW YORK, COUNTY OF NEW YORK s.s
AFFIDAVIT OF SERVICE BY MAIL
SHARON H. EDWARDS, being duly sworn, deposes and says that
deponent is employed by Smith Mazure Director Wilkins Young &
Yagerman, P.C the attorney for defendant/third-party plaintiff
Leon D. Dematteis Construction Corp is over the age of eighteen,
is not a party to this action, and resides at Elmwood Park, New
Jersey 07407.
On December 8 2010 deponent served the within Post
Deposition Discovery & Inspection Demands upon
LAW OFFICE OF ANDREA G. SAWYERS
Attorney for Defendant Brady Marine Repair Co has not consented to E-
Filing
3 Huntington Quadrangle, Suite 102S
P.O. Box 9028
Melville, NY 11747
CERUSSI & SPRING, P.C
Attorney for Defendant City of New York School Construction Authority has
not consented to E-Filing
One North Lexington Avenue
White Plains, NY 10601-1700
the addresses designated by said attorneys for that purpose by
depositing a true copy of same enclosed in a postpaid properly
addressed wrapper in - a post office - official deposi under
the exclusive care and custody of the United Stat, post office
department within the State of Ne ork
te ne (ruenneer
~
SHARON H. EDWARDS
Swgrn to befo:
Dd¢cember 8 29
SS
VERRIE GREY
issioner of Deeds
fy New York ~ No, [-6384
ificate Filed in New York County,--
combiseans Expires: Dacember 1,
Pll
INDEX NO. 117469/2008
RI
COUNTY OF NEW YORK: CIVIL TERM: PART 12
IN RE 9157 STREET ORANE COLLAPSE LITIGATION INDEX NO. 771000/2010
a)
XHEVAHIRE SINANAJ and SELVI SINANOVIC as Co-administrators of The Estate of RAMADAN KURTAU, Deceased & SELVI
SINANOVIC individually,
,
Plaintiffs,
-against-
THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF BUILDINGS, MICHAEL CARBONE, PATRICIA J. LANCASTER,
ROBERT LIMANDRI, CITY OF NEW YORK SCHOOL CONSTRUCTION AUTHORITY, CITY OF NEW YORK SCHOOL
CONSTRUCTION FUND, NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND, NEW YORK CRANE & EQUIPMENT CORP.,
J.F. LOMMA, INC., TES, INC., JF LOMA TRUCKING AND RIGGING, JF LOMA RIGGING AND SPECIALIZED SERVICES, JAMES
F. LOMMA, BRADY MARINE REPAIR CO., TESTWELL, INC., BRANCH RADIOGRAPHIC LABORATORIES, INC., CRANE
INSPECTION SERVICES, LTD., SORBARA CONSTRUCTION CORP., 1765 FIRST ASSOCIATES, LLC, LEON D. DEMATTEIS
CONSTRUCTION CORPORATION, MATTONE GROUP CONSTRUCTION CO. LTD., MATTONE GROUP LTD., MATTONE GROUP,
LLC, HOWARD I SHAPIRO & ASSOCIATES CONSULTING ENGINEERS, P.C., NEW YORK RIGGING CORP., TOWER RIGGING
CONSULTANTS, INC., TOWER RIGGING, INC., UNIQUE RIGGING CORP., LUCIUS PITKIN, INC., MCLAREN ENGINEERING
GROUP, M.G. MCLAREN, P.C., & “JOHN/JANE DOES” “1" THROUGH "10",
Defendants.
-AND OTHER ACTIONS-
Post Deposition Discovery & Inspection Demands
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant/Third-Party Plaintiff
Leon D. Dematteis Construction Corp.
111 John Street, 20" Floor
New York, New York 10038-3198
(212) 964-7400
QBE-00127.8/MDL
Cl ERTIFICATION PURSUANT TO 22 N.Y.C.R.R. 130-1.1a
MARK D. LEVI hereby certifies that, pursuant to 22 N.Y.C.R.R. §130-1.1a, the foregoing Post Deposition
Discovery & Inspection Demands is not frivolous nor frivolously presented.
Dated: New York, New York
MAO
MARK D. LEVI
Jeon
November 30, 2010
PLEASE TAKE NOTICE
o that the within is a true copy of a entered in the office of the clerk of the within named Court
on
o thata of which the within is a true copy will be presented for settlement to the Hon. one of the
judges of the within named Court at , on at 9:30 a.m.
SMITH MAZURE DIRECTOR WILKINS YOUNG &
YAGERMAN, P.C.
Attorneys for Defendant/Third-Party Plaintiff
Leon D. Dematteis Construction Corp.
111 John Street, 20" Floor
New York, New York 10038-3198
(212) 964-7400
Our File No. QBE-00127.8/MDL
MDL/she
1111907.wpd
Preview
| INDEX NO. 117469/2008 (FILED: NEW YORK COUNTY CLERK 1270872010) NYSCEF DOC. NO. 432 RECEIVED NYSCEF: 12/08/2010 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL TERM: PART 12 oo +--+ +--+ - eeee IN RE 9187 STREET CRANE COLLAPSE INDEX NO. 771000/2010 LITIGATION XHEVAHIRE SINANAJ and SELVI SINANOVIC as POST DEPOSITION Co-administrators of The Estate of DISCOVERY & INSPECTION RAMADAN KURTAT, Deceased & SELVI DEMAND SINANOVIC Individually, Index No. 117469/2008 Plaintiffs, -against- The Honorable Paul G. Feinman, J.S.C. THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF BUILDINGS, MICHAEL CARBONE, PATRICIA J. LANCASTER, ROBERT LIMANDRI, CITY OF NEW YORK SCHOOL CONSTRUCTION AUTHORITY, CITY OF NEW YORK SCHOOL CONSTRUCTION FUND, NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND, NEW YORK CRANE & EQUIPMENT CORP., o.F. LOMMA, INC., TES, INC., JF LOMA TRUCKING AND RIGGING, JF LOMA RIGGING AND SPECIALIZED SERVICES, JAMES F. LOMMA, BRADY MARINE REPAIR co., TESTWELL, INC., BRANCH RADIOGRAPHIC LABORATORIES, INC., CRANE INSPECTION SERVICES, LTD., SORBARA CONSTRUCTION CORP., 1765 FIRST ASSOCIATES, LLC, LEON D. DEMATTEIS CONSTRUCTION CORPORATION, MATTONE GROUP CONSTRUCTION CO. LTD., MATTONE GROUP LTD., MATTONE GROUP, LLC, HOWARD Ir SHAPIRO & ASSOCIATES CONSULTING ENGINEERS, P.C., NEW YORK RIGGING CORP., TOWER RIGGING CONSULTANTS, INC., TOWER RIGGING, INC., UNIQUE RIGGING CORP., LUCIUS PITKIN, INC., MCLAREN ENGINEERING GROUP, M.G. MCLAREN, P.C., & “JOHN/JANE DOES” “1" THROUGH “10", Defendants. eon eee e+---- eeee LEON D. DEMATTEIS CONSTRUCTION CORPORATION, Third-Party Plaintiff, -against- THE CITY OF NEW YORK and THE CITY OF NEW YORK DEPARTMENT OF BUILDINGS, Third-Party Defendants. SORBARA CONSTRUCTION CORP., Second Third-Party Plaintiff, -against- THE CITY OF NEW YORK and THE CITY OF NEW YORK DEPARTMENT OF BUILDINGS, Second Third-Party Defendant. ----------- +--+ ee PLEASE TAKE NOTICE, that pursuant to the Rules of this Court and the Civil Practice Laws and Rules, you are hereby required to serve upon delivery to the undersigned as liaison counsel for construction defendants and attorney for Leon D. DeMatteis and all parties to this action within 30 days, the following: 1. A copy of the passport of Selvi Sinanovic that was in effect from 2003 to the present; 2. Color copies of the 200 photographs of Mr Kurtaj and Ms. Sinanovic wedding and non-wedding pictures that Ms. Sinanovic testified to at her deposition; -2- 3 Authorizations to obtain the applications and tenant’s files for every apartment Selvi Sinanovic had from the time she moved to Maryland in 2006 up until the time of the death of Ramadan Kurtaj on May 30, 2008 including but not limited to the following: A Tenant file; B Applications filled out for benefits and the apartment; Cc Documents provided to the landlord or rental agent/managing agent to rent the apartment and maintain the apartment; Documents supplied by Selvi Sinanovic to any government agency or documents that were provided to her to fill out including any back-up documentation that she utilized. 4 A copy of the original marriage certificate; 5 Authorizations to obtain from the United States Government all paperwork filled out and supplied in regard to Mr. Kurtaj’s immigration to the United States including but not limited to applications for permanent residency; 6 The full name and address of Alyse Ramos; 7 The full name and last known address of Wishaun Simons; 8. The lease agreement, application for rental of apartment, and tenant file for Selvi Sinanovic from 288 Cumberland Street, Harrisburg, PA, Apt. 304; 9 The full tenant’s file, lease agreement and application that Selvi Sinanovic filled out for 1002 Jessica Court, Bellaire, MD 21014; -3- 10. The full tenant file, lease agreement and applications filled out for Selvi Sinanovic’s apartment at 831 Fisherman’s Lane, Edgewood, MD 21040; 11. The full name and present address of Dea Galloway, last known address 267 Stratford Avenue, Aberdeen, MD; 12. Updated authorizations to obtain the workers compensation records and files as a result of the death of Ramadan Kurtaj from the Workers Compensation Board and from the workers Compensation carrier; 13. Authorizations to obtain public assistance records in regard to food stamps and benefits received from September 2006 through May 30, 2008 by Selvi Sinanovic and/or her daughter; 14. Any records that Selvi Sinanovic has of any cash payments, check payments, monetary payments that were made by Ramadan Kurtaj from the time of their marriage up until the time of his death to Selvi Sinanovic and/or Mr. Kurtaj’s family in Kosovo; 15. The present addresses for the following: A. Shkelzen Kurtaj; B Fadil Kurtaj; c Grosh Kurtaj; D. Meta Kurtaj. 16. Authorizations to obtain Ramadan Kurtaj’s union benefits plan and any benefit payments and applications made for or from benefit plans to anyone or applications for claims for benefits from the union since Mr. Kurtaj’s death on May 30, 2008; -4- 17. Authorizations to obtain the Estate tax returns of Ramadan Kurtaj, if any were filed in Federal, State or City; 18. Authorizations to obtain records from Western Union of any wire transfers or cash payments sent to Selvi Sinanovic and/or Ramadan Kurtaj’s parents and family in Kosovo; 19. Authorizations to obtain records from United Methodist Church in Bellaire, MD known as an outlet church for any benefits given or received by or to Selvi Sinanovic; 20. Authorizations to obtain records from HUD for any program assistance provided to Selvi Sinanovic from 2006 to the present; 21. A copy of any stipulation between Selvi Sinanovic and Ramadan Kurtaj’s parents and/or Administratrix of the Estate in regard to dividing the workers compensation benefits and benefits that were agreed to in Surrogate’s Court, Bronx County; 22. Any receipts or proof of any gifts whether monetary, jewelry or otherwise provided by Ramadan Kurtaj to Selvi Sinanovic and/or other members of Ramadan Kurtaj’s family whether in the United States or in Kosovo; 23. The name, address and bank account number and authorizations to obtain bank records for any bank accounts that Ramadan Kurtaj had in the United States from the time that he arrived in the United States in 2006 up until the time of his death on May 30, 2008; 24. Authorizations to obtain any cell phone records of Ramadan Kurtaj, Selvi Sinanovic, or other members of the Kurtaj, Sinanaj or Sinanovic for any phone calls made by any of them to each other; 25. Authorizations to obtain the medical records and health records for Mr. Kurtaj’s parents in Kosovo and Selvi Sinanovic; 26. Authorizations to obtain social services records from Dauphin County, PA for Selvi Sinanovic and/or her daughter; 27. Proof of purchase of the Lexus vehicle owned by Ramadan Kurtaj and where the vehicle is now including insurance records, bill of sale, payment plans, loans, etc. If the vehicle was shipped to Kosovo, proof that it was shipped to Kosovo and arrived there; 28. The passport of Xhevahire Sinanaj from 2004 through the present; 29. Copies of any receipts, airplane tickets, and hotel bills from Xhevahire Sinanaj for travel to Kosovo Montenegro or Europe from 2005 to the present; 30. The location of the Western Union office utilized by Ramadan Kurtaj to wire money to his family in Kosovo and an authorization for records that Xhevahire Sinanaj testified to that she accompanied Mr. Kurtaj to the Western Union office in 2007 and 2008; -6- 31. Any records of clothing purchased by Mr. Kurtaj and delivered to Mr. Kurtaj’s parents by any members of the Sinanaj or Kurtaj family or anyone else that traveled from the United States to Kosovo for the years 2006-2008; 32. Authorizations to obtain the tenant file and copy of the lease for 798 Astor Avenue, Bronx, NY where Mr. Kurtaj lived just prior to his death; 33. The present address of Deka Ninkqui; and 34. A copy of the birth certificate for Selvi Sinanovic’s daughter that was born in Maryland and an authorization to obtain same. PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand. In the event that any of the above items are obtained after service of this demand, they are to be furnished to the undersigned pursuant to this demand. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid documents, at the time and place. required in this notice, defendant will oppose any attempts to place this case on the trial calendar of this court and/or appropriate motions for relief will be made to this court. PLEASE TAKE FURTHER NOTICE, that in lieu of producing the items demanded herein, you may serve and submit to the undersigned true and conformed copies of the items demanded herein at any time prior to the aforesaid date. -7- Dated New York, New York November 30, 2010 Yours, etc., SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant Leon D. Dematteis Construction Corp. 111 John Street, 20 Floor New York, New York 10038-3198 (212) 964-7400 Our File No. QBE-00127.8/MDL TO: SUSAN M. KARTEN & ASSOCIATES, LLP Attorney for Plaintiffs Xhevahire Sinanaj and Selvi Sinanovic as Co-Administrators of the Estate of Ramadan Kurtaj, deceased & Selvi Sinanovic Individually 355 Lexington Avenue, Suite 1400 New York, NY 10017 (212) 826-3800 File: Please Advise LAW OFFICE OF MICHAEL O’NEILL Attorney for Co-Plaintiff Selvi Sinanovic 30 Vesey Street, 34 Floor New York, NY 10007 NICOLETTI HORNIG & SWEENEY Attorney for Defendant 1765 First Associates LLC Wall Street Plaza 88 Pine Street, 7 Floor New York, NY 10005-1801 (212) 220-3830 File: 91000177-G (BAS/SDC) LAW OFFICE OF ANDREA G. SAWYERS Attorney for Defendant Brady Marine Repair Co has not consented to E-Filing 3 Huntington Quadrangle, Suite 102S P.O. Box 9028 Melville, NY 11747 (631) 501-3100 File: 0967516 RAH - 8 CLAUSEN MILLER P.C. Attorney for Defendant Branch Radiographic Laboratories, Inc. One Chase Manhattan Plaza, 39% Floor New York NY 10005 (212) 805-3900 File: Please Advise FABIANI COHEN & HALL, LLP Attorney for Defendants/Third-Party Defendants The City of New York, New York City Department of Buildings, Patricia J. Lancaster and Robert LiMandri 570 Lexington Avenue, 4** Floor New York, NY 10022 (212) 644-4420 File: 857.34964 GOGICK, BYRNE & O’NEILL, LLP Attorney for Defendant Howard I Shapiro & Associates Consulting Engineers, P.C. 11 Broadway, Suite 1560 New York, NY 10004-1314 (212) 422-9424 File: Please Advise GARFUNKEL, WILD & TRAVIS, P.C. Attorney for Defendants Mattone Group Construction Co. Ltd., Mattone Group Ltd. and Mattone Group, LLC 111 Great Neck Road Great Neck, NY 11021 (516) 393-2200 File: Please Advise WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorney for Defendants J.F. Lomma, Inc, James F. Lomma and New York Crane & Equipment Corp., TES, Inc., JF Loma Trucking and Rigging, JF Loma Rigging and Specialized Service 150 East 42° Street, 23*¢ Floor New York, NY 10017-5639 (212) 490-3000 File: 05724.00069 GALLO VITUCCI & KLAR Attorney for Defendant New York Rigging Corp. 90 Broad Street, 3*¢ Floor New York, NY 10004 (212) 683-7100 File: Please Advise -9- CERUSSI & SPRING, P.C. Attorney for Defendant City of New York School Construction Authority has not consented to E-Filing One North Lexington Avenue White Plains, NY 10601-1700 (914) 948-1200 File: Please Advise CARTAFALSA, SLATTERY, TURPIN & METAXAS Attorney for Defendant/Second Third-Party Plaintiff Sobara Construction Corp. One Liberty Plaza 165 Broadway, 28 Floor New York, NY 10006 (212) 225-7700 File: Please Advise LAWRENCE WORDEN RAINIS & BARD, P.C. Attorney for Defendant Testwell, Inc. 225 Broad Hollow Road, Suite 105E Melville, NY 11747 (631) 694-0033 File: Please Advise THE LAW OFFICES OF JEFFREY S. SHEIN & ASSOCIATES Attorney for Defendant New York City Educational Construction Fund s/h/a City of New York School Construction Fund 575 Underhill Boulevard, Suite 112 Syosset, NY 11791 (516) 922-6626 File: 0808-1235-RQB BABCHIK & YOUNG, LLP Attorney for Defendant Lucius Pitkin, Inc. 200 East Post Road, Suite 200 White Plains, NY 10601 (914) 470-0001 File: Please Advise L’ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. Attorney for Defendants McLaren Engineering Group and M.G. McLaren, P.C. 1001 Franklin Avenue, 3*¢ Floor Garden City, NY 11530 (516) 294-8844 File: 09-2465-94271 - 10 - LAW OFFICE OF RICHARD E. SIGNORELLI Attorney for Defendant Michael Carbone 799 Broadway, Suite 539 New York, NY 10003 (212) 254-4218 File: Please Advise -11- STATE OF NEW YORK, COUNTY OF NEW YORK s.s AFFIDAVIT OF SERVICE BY MAIL SHARON H. EDWARDS, being duly sworn, deposes and says that deponent is employed by Smith Mazure Director Wilkins Young & Yagerman, P.C the attorney for defendant/third-party plaintiff Leon D. Dematteis Construction Corp is over the age of eighteen, is not a party to this action, and resides at Elmwood Park, New Jersey 07407. On December 8 2010 deponent served the within Post Deposition Discovery & Inspection Demands upon LAW OFFICE OF ANDREA G. SAWYERS Attorney for Defendant Brady Marine Repair Co has not consented to E- Filing 3 Huntington Quadrangle, Suite 102S P.O. Box 9028 Melville, NY 11747 CERUSSI & SPRING, P.C Attorney for Defendant City of New York School Construction Authority has not consented to E-Filing One North Lexington Avenue White Plains, NY 10601-1700 the addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper in - a post office - official deposi under the exclusive care and custody of the United Stat, post office department within the State of Ne ork te ne (ruenneer ~ SHARON H. EDWARDS Swgrn to befo: Dd¢cember 8 29 SS VERRIE GREY issioner of Deeds fy New York ~ No, [-6384 ificate Filed in New York County,-- combiseans Expires: Dacember 1, Pll INDEX NO. 117469/2008 RI COUNTY OF NEW YORK: CIVIL TERM: PART 12 IN RE 9157 STREET ORANE COLLAPSE LITIGATION INDEX NO. 771000/2010 a) XHEVAHIRE SINANAJ and SELVI SINANOVIC as Co-administrators of The Estate of RAMADAN KURTAU, Deceased & SELVI SINANOVIC individually, , Plaintiffs, -against- THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF BUILDINGS, MICHAEL CARBONE, PATRICIA J. LANCASTER, ROBERT LIMANDRI, CITY OF NEW YORK SCHOOL CONSTRUCTION AUTHORITY, CITY OF NEW YORK SCHOOL CONSTRUCTION FUND, NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND, NEW YORK CRANE & EQUIPMENT CORP., J.F. LOMMA, INC., TES, INC., JF LOMA TRUCKING AND RIGGING, JF LOMA RIGGING AND SPECIALIZED SERVICES, JAMES F. LOMMA, BRADY MARINE REPAIR CO., TESTWELL, INC., BRANCH RADIOGRAPHIC LABORATORIES, INC., CRANE INSPECTION SERVICES, LTD., SORBARA CONSTRUCTION CORP., 1765 FIRST ASSOCIATES, LLC, LEON D. DEMATTEIS CONSTRUCTION CORPORATION, MATTONE GROUP CONSTRUCTION CO. LTD., MATTONE GROUP LTD., MATTONE GROUP, LLC, HOWARD I SHAPIRO & ASSOCIATES CONSULTING ENGINEERS, P.C., NEW YORK RIGGING CORP., TOWER RIGGING CONSULTANTS, INC., TOWER RIGGING, INC., UNIQUE RIGGING CORP., LUCIUS PITKIN, INC., MCLAREN ENGINEERING GROUP, M.G. MCLAREN, P.C., & “JOHN/JANE DOES” “1" THROUGH "10", Defendants. -AND OTHER ACTIONS- Post Deposition Discovery & Inspection Demands SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant/Third-Party Plaintiff Leon D. Dematteis Construction Corp. 111 John Street, 20" Floor New York, New York 10038-3198 (212) 964-7400 QBE-00127.8/MDL Cl ERTIFICATION PURSUANT TO 22 N.Y.C.R.R. 130-1.1a MARK D. LEVI hereby certifies that, pursuant to 22 N.Y.C.R.R. §130-1.1a, the foregoing Post Deposition Discovery & Inspection Demands is not frivolous nor frivolously presented. Dated: New York, New York MAO MARK D. LEVI Jeon November 30, 2010 PLEASE TAKE NOTICE o that the within is a true copy of a entered in the office of the clerk of the within named Court on o thata of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court at , on at 9:30 a.m. SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant/Third-Party Plaintiff Leon D. Dematteis Construction Corp. 111 John Street, 20" Floor New York, New York 10038-3198 (212) 964-7400 Our File No. QBE-00127.8/MDL MDL/she 1111907.wpd