FILED: NEW YORK COUNTY CLERK 06/08/ :10 AM INDEX NO /2015 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 06/08/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ***************************************************************** RAYMOND RATHGABER, Plaintiff, PLAINTIFF'S POST-EBT DEMANDS TODEFENDANT PORT AUTHORITY OF NEW YORK AND NEW JERSEY, PORT AUTHORITY OF NEW FIVE STAR ELECTRIC CORP., THE DURST YORK AND NEW JERSEY ORGANIZATION INC., THE DURST ORGANIZATION L.P., JRM CONSTRUCTION MANAGEMENT, LLC, Index No.: /2015 1WTC, LLC, 1WTC HOLDINGS LLC, TISHMAN CONSTRUCTION CORPORATION and BP MECHANICAL CORP. Defendants. ***************************************************************** PORT AUTHORITY OF NEW YORK AND NEW JERSEY, FIVE STAR ELECTRIC CORP., THE DURST ORGANIZATION INC., THE DURST ORGANIZATION, LP. and JRM CONSTRUCTION MANAGEMENT, LLC, Plaintiffs, BP MECHANICAL CORP. and BLUE DIAMOND SHEET METAL, INC., Defendants. **********4+*k***0******A******%I+*k***************4************* PLEASE TAKE NOTICE that the undersigned hereby makes the following demands upon you to be made returnable within thirty days (30) of the service of this notice: 1. A complete and accurate copy of the minutes "pre-construction" meeting 2. A complete and accurate copy of the "pre-construction" attendance log meeting 1 of 6

2 3. Complete and accurate copies of all contract documents filed with the "pre-construction" Port Authority prior to the meeting 4. Complete and accurate copies of all design drawings submitted for 92" 93rd the One World Observatory project for both the and floor mechanical rooms, including HVAC drawings and electrical drawings. 5. Complete and accurate copies of all Port Authority-approved design drawings submitted World Observatory project for both 92" 93rd the and floor mechanical rooms, including HVAC drawings and electrical drawings. 6. A complete and accurate copy of the document specifying that the design team World Observatory project took responsibility for the project. 7. A complete and accurate copy of the tenant application 8. Complete and accurate copies of any as-built drawings for HVAC 92"d 93rd work and electrical work performed on the and floor mechanical rooms. 9. A complete and accurate copy of the form "TAA-MWA01" 10.A complete and accurate copy of the form "TAA-PH103" 11.A complete and accurate copy of the form "PA531 TAA" 12.A complete and accurate copy of the form "TAAPH2 11" 13.Complete and accurate copies of all daily logs produced World Observatory project from August 1, 2014 to October 1, The identity of the Durst employee who was assigned to the One World Observatory project on September 26, A complete and accurate copy of the JRM health and safety plan submitted to the Port Authority. 2 2 of 6

3 16.A complete and accurate copy of any investigation of plaintiffs incident conducted by the Port Authority's Safety and Risk department. 17.A complete and accurate copy of the as-built drawing for the slab. 93d floor 18.A complete and accurate copy of the structural drawing of the 93d floor slab. "progress" 19.Complete and accurate copies of the meeting minutes for the One World Observatory project from August 1, 2014 to October 1, "progress" 20.Complete and accurate copies of the meeting attendance logs World Observatory project from August 1, 2014 to October 1, DATED: New York, New York June 8, 2018 CELLINO 8 BARNES, P.C. e. B Alex Bouganim, Esq. Attorneys for Plaintiff 420 Lexington Avenue, Suite 2140 New York, New York (212) TO: KENNEDYS CMK,LLP Attorneys for Defendants/ Plaintiffs JRM CONSTRUCTION MANAGEMENT, LLC PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DURST ORGANIZATION INC., and THE DURST ORGANIZATION, L.P 8th 570 Lexington Avenue, FlOOr (212) of 6

4 CC SEGAL MCCAMBRIDGE SINGER 8 MAHONEY Attorneys for Defendant FIVE STAR ELECTRIC CORP., 1 WTC HOLDINGS, LLC and TISHMAN CONSTRUCTION CORPORATION 850 Third Avenue, Suite 1100 (212) CONNOR, CONNOR, Attorneys for Defendant BP MECHANICAL CORP. One Huntington Quadrangle, Suite 1010 Melville, NY (631) HINTZ 8 DEVENEY, LLP MILBER MAKRIS PLOUSADIS 5 SEIDEN, LLP Attorneys for Defendant BLUE DIAMOND SHEET METAL, INC Woodbury Road, Suite 402 Woodbury, NY (516) of 6

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK RAYMOND RATHGABER, Plaintiff, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, FIVE STAR ELECTRIC CORP., THE DURST ORGAN[ZATION INC., THE DURST ORGANiZATION LP., ~ JRM CONSTRUCTION MANAGEMENT, LLC, 1WTC, LLC, 1WTC HOLDINGS LLC, TISHMAN CONSTRUCTION CORPORATION and BP MECHANICAL CORP., Defendants. AFFIDAVIT OF SERVICE BY MAIL PORT AUTHORITY OF NEW YORK AND NEW index No /2015 JERSEY, THE DURST ORGANIZATION INC., THE DURST ORGANIZATION LP. AND JRM CONSTRUCTION MANAGEMENT, LLC, Plaintiffs BP MECHANICAL CORP and BLUE DIAMOND SHEET METAL, INC., Defendants STATE OF NEW YORK ) :SS.: COUNTY OF NEW YORK ) I, Nigel J. Corian, being duly sworn, say: I am not a party to the action, I reside in Bronx County, New York, and I am over 18 years of age. On June 8, 2018, I served the within Plaintiff's Post-EBT Demands to Defendant Port Authority of New York and New Jersey by e-filing same with NYSCEF and by depositing a true copies thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below Kennedy CMK, LLP 8'" 570 Lexington Avenue, 8 Floor Segal McCambridge Singer 8 Mahoney 850 Third Avenue, Suite 1100 Milber, Makris Plousadis 8 Seiden, LLP Woodbury Road, Suite 402 Woodbury, New York Connor, Connor, Hintz 8 Deveney, LLP.. One Huntington Quadrangle, Suite 1010 ( Melville, New York Noel Nel.. Swom to before me this 8* 8 day of June, 2018 L rafi ( Notary Publ' Publ ~ etjnpglch eurevtch ip ~ent ament ner of DeedS ol ~8tsts ghew York ouamled in longsosoieu~ county ON Conv>~" <~n Expt'~ ~ ~ 5 of 6

6 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK RAYMOND RATHGABER, Plaintiff, -against- PORT AUTHORITY OF NEW YORK AND NEW JERSEY, FIVE STAR ELECTRIC CORP., THE DURST ORGANIZATION INC., THE DURST ORGANIZATION L.P., JRM CONSTRUCTION MANAGEMENT, J.R.M. CONSTRUCTION CORP. LLC, 1WTC, LLC, 1WTC HOLDINGS LLC, TISHMAN CONSTRUCTION CORPORATION and BP MECHANICAL CORP., Defendants....,,...,,,.,,,...,,...,,,...,,..,,,...,,..,,..,,,.,,,...,,,, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DURST ORGANIZATION INC., THE DURST ORGANIZATION L.P. AND JRM CONSTRUCTION MANAGEMENT, LLC, Plaintiffs BP MECHANICAL CORP and BLUE DIAMOND SHEET METAL, INC., Defendants, PLAINTIFF'S POST-EBT DEMANDS TO DEFENDANT PORT AUTHORITY OF NEW YORK AND NEW JERSEY Yours, etc. CELLINO & BARNES, P.C. Attorneys for Plaintiff 420 Lexington Avenue, Suite 2140 New York, New York (212) of 6