A Public Records Access request has been submitted....RAFAEL CORTES, being duly sworn, deposes and...

PRA #17882

A Public Records Access request has been submitted.

Request By: Robert W. Piken

Signature: Robert W. Piken

Request date: 03/22/2017

Affiliation: Piken & Piken

Address: 630 Third Avenue, 23rd Floor

Email: [email protected]

Phone number: 212-682-5522

Personal Information Request:

NO

Records seeking:

Any and all cut work orders, contracts for construction, permits issued, plans drawn or any other construction, demolition, fencing or similar activities on Vesey Street, between West Broadway and Church Street, for all times beginning January 1, 2012 through and including January 31, 2014. In addition to all of the above, please provide copies of any and all notices of claim filed against the Port Authority of New York and New Jersey and/or the City of New York, regarding accidents which took place on Vesey Street, between West Broadway and Church Street for any and all accidents which occurred at any time between January 1, 2012 through and including January 31, 2014.

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY PUBLIC RECORD ACCESS FORM

PRA #17882

Action by (print I type name):

loanny Ng i , Freedom of Information Administrator i

Signature: Date:

! ... P----- i 105/23/2017 On behalf of the Secretary of the Port Authority, as Records Access Officer and Custodian of Government Records of the Port Authority.

I ,I I The requested records are being made available.

Any responsive records that may exist are currently in storage or archived, and a diligent search is being conducted. The Port Authority will respond by: I /

A diligent search has been conducted, and no records responsive to your request have been located.

The requested records that have been located are not being made available, as they are exempt from disclosure for the following specific reasons:

Some requested records that have been located are being made available. The remainder are exempt from disclosure for the following specific reasons:

The request does not reasonably describe or identify specific records; therefore, the Port Authority is unable to search for and locate responsive records. Please consider submitting a new request that describes or identifies the specific records requested with particularity and detail.

,/j Other:

lMaterial responsive to your request can be found on the Port Authority's website at lhttp://corpinfo.panynj.gov/documents/17882-0/. Paper copies of the available records are iavailable upon request. Exemptions applied for personal privacy. i i i This form is promulgated by the Port Authority pursuant to the Port Authority Public Records Access Policy and is intended to be construed consistent with the New York Freedom of Information Law and the New Jersey Open Public Records Act. It is intended to facilitate requests for Port Authority public records and does not constitute legal advice.

Page 1

http://corpinfo.panynj.gov/documents/17882-O/

~-v-~E PORT AUTHORITY O F NY & NJ

~AIDED" REPORT ·.. . · PA 2696/10..oti .

INSTRUCTIONS: To be prepared by reporting officer on assist cases that are not covered by other forms such as PA 146, PA 621, etc. Send original to claims attorney and copy to police desk.

CASE# A,, Full Name

BEATRICE SHIRLAND,E

Address

~-53 Sex

F

Age

35

FACILITY: WTC Date Time

04/18/13 2105

Exact Location of Subject P.A. Property

O Yes [8J No Place of Occurrence

VESEY ST VERSEY AND WEST BROADWAY

Other Than P.A. Property: (Name & Address of Owner or Lessee)

How Did Subject Arrive at Location

WALKED

Subject: O Accompanied By: [8J Alone

Name-

Address -

O No Treatment [8J First Aid at Scene

Ambulance Called [8J Yes O No Time 2105 Hospital (if hospital not listed please write-in hospital name)

Bellevue Hospital NONE

Disposition

Local Police (Identify):

PAPD

Witnesses (Names & Address: If None, State So)

NONE

By EMT# 61A

~ ~ Ambulance Responded 2125 Attending Physician

EMT CONNELLY

DAM l:i:i:IPM

AT THE TIME PLACE OF OCCURRENCE THE ABOVE AIDED COMPLAINED OF FEELING DIZZY AND HAVING TROUBLE BREATHING. EMT#6 l A RESPONDED AND TRANSPORTED THE ABOVE AIDED TO BELLEVUE HOSPITAL FOR FURTHER MEDICAL ATTENTION.

Tour Commander

/-Date

04/18/ 13

Reporting Officer

P.O PENA #2899

• • . c- ,. Notice of Claim ,(.

In the Matter of za;:

1· ') I -~. !. RAFAEL CORTES

- against -

THE PORT AUTHORITY OF CITY OF NEW YORK AND NEW JERSEY

TO: THE PORT AUTHORITY OF NEW YORK & NEW JERSEY 225 Park A venue South l 51h Fl New York, New York 10003

PLEASE TAKE NOTICE, that the undersigned claimants hereby make claims and demands against the, THE PORT AUTHORITY OF CITY OF NEW YORK AND NEW JERSEY as follows:

I. The name of Claimant: RAFAEL CORTES

2. Date of Claim; August 8, 2013

3. Address of each claimant: 99-22 62nd A venue in Rego Park, New York.

4. Date of accident: August 8, 2013

5. State the exact location, giving address, where bodily injury was sustained; and furnish a detailed description of how the accident occurred:

The occurrence alleged herein occurred on August 8, 2013 during the course of Claimant's employment, where Claimant was performing construction-related duties on the lower level of the WTC 4 (on the comer of Liberty and Church street). Claimant was caused to fall from a scaffold.

6. Send Notices to: GINARTE O'DWYER GONZALEZ GALLARDO & WINOGRAD, LLP 225 Broadway, 13th Floor New York, NY I 0007 / (212) 601-9700

7. Furnish the name & address if the public entity and/or employee causing the bodily injury:

THE PORT AUTHORITY OF CITY OF NEW YORK0A'ND-j gz snv [IOZ NEW JERSEY

225 Park Avenue South 15th Floor

New York, New York I 0003

8. Give general description of the injury, damages or loss incurred:

Claimant, RAFAEL CORTES, sustained the following injuries as a result of incident:

9. The amount claimed:

a) Personal Inj ury: $3 Million. b) Property Damage: None c) Lost Wages: To be determined d) Medical Expenses: Ongoing and to be determined

I certify that the foregoing is true to the best of my information, knowledge and belief. I am aware that if any of the foregoing is willfully false I am subject to punis t.

Dated: New York, New York August 16) 2013

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• • INDIVIDUAL VERIFICATION

STATEOFNEWYORK ) ) : SS.:

COUNTY OF NEW YORK )

RAFAEL CORTES, being duly sworn, deposes and says that deponent is the claimant in the within action; that he/she has read the foregoing Notice of Claim and knows the contents thereof; that the same is true to deponent's own knowledge, except as to those matter therein stated to be alleged on the information and belief, and as to those ma ters, deponent believes them to be true.

---/ RAFAEL CORTES

rJ. On the 23 day of August 2013, before me personally came, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the within instrument, he/she executed this instrument.

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To:

X-----··-----······-·-----········-------··-··-X In the Matter of the Claim of

WILHELM DERIX, ~A'UTHQltf vr:f!ltE OF rw·T·Y 6F HY~ llJ

i; SE'CRf TA~

lilt FEB I q p I· PORT AUTHORITY OF NEW YORK & NEW JERSEY •. 22

-against-

X --···------·--··-····--··-··---·-···-·--·-···-·--·--X PORT AUTHORITY OF NEW YORK & NEW JERSEY 225 Park A venue South, I s•h Floor, New York. New York I 0003

l. The name and address of the claimant and claimant's attorneys:

Claimant Attorneys

WILHELM DERIX BERKOWITZ & VARGAS, P.C. 225 Broadway, Suite 1607 ( New York, New York l 0007

2. The nature of the claim:

Claim for damages as a result of bodily injuries sustained by reason of the negligence of the PORT AUTHORITY OF NEW YORK & NEW JERSEY, its agents, servants and/or employees in the ownership, operation, maintenance, management and control of a length of metal chain in the territorial limits of the PORT AUTHORITY OF NEW YORK & NEW JERSEY, at which the PORT AUTHORITY OF NEW YORK & NEW JERSEY caused and created a defective and dangerous condition, and/or allowed to be, become and remain a defective and dangerous condition.

3. The time when, the place where and the manner in which the claim arose:

On January 8, 2014, at about 9:20 a.m., on the crosswalk adjacent to the South East comer of the intersection of Vesey Street and Church Street, in the County of New York. Claimant was walking on the crosswalk adjacent to said corner when he was caused to slip, trip and fall on a length of metal chain which was lying on the ground. The injuries to claimant were a direct result of the active and passive negligence of the PORT AUTHORITY OF NEW YORK and NEW JERSEY in the ownership, operation, maintenance and control of the aforesaid piece of metal chain.

The undersigned claimant therefore presents this claim for adjustment and payment. You are hereby notified that unless said claim is adjusted and paid within the time provided by law from the,:date of presentation to you, the claimant intends to commence an action on this claim. ~ ~

- -41

Dated: New York, New York February 17, 2014

By: ANDREW D. WEITZ BERKOWITZ & VARGAS, P.C. Attorneys for Claimant WILHELM DERIX 225 Broadway, Suite 1607 New York, N.Y. 10007 (212) 240-3880 Our File#: 14-0005

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ATTORNEY'S VERIFICATION

ANDREW D. WEITZ, an attorney duly admitted to practice before the Courts of the State of New

York, affirms the following to be true under the penalties of perjury:

I am an attorney at BERKOWITZ & VARGAS, P.C., and attorneys of record for Plaintiff,

WILHELM DERIX. I have read the annexed NOTICE OF CLAIM and know the contents thereof, and the

same are true to my knowledge, except those matters therein which are stated to be alleged upon information

and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated

upon knowledge, is based upon facts, records, and other pertinent information contained in my files.

I make the foregoing affirmation because Claimant is not presently in the county wherein I maintain

my offices.

Dated: New York, New York February 17, 2014

Sworn to before me on 17•h day of February, 2014

~ ' N~

GABRIELA AGUILERA-MOGLIA . PubllC. _.. of - VOii< ~ No.01"'382:C910

Qt IIF d In IOriia c-,ty ecw,,, 1t11on Exp11r11S: 02JDll'2019

ANDREW D. WEITZ

~ -,=' -n g:i

.D

1J ~ -(II

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~r-,,.~ c:: :a:: - -::o .... _. -

· - ------. ---- ;., ------ . --X In the Matter of the Claim of:

. JADAHCARROLL

-------------------------------X TO: PORT AUTHO)UTY

225 Park Avenue South, tS'h Floor New York, New York ~0003

e -

NOTICE OF CLAIM

PLEASE TAKE NOTICE, that the undersigned Claimant hereby makes claim and deman~

against the PORT AUTHORITY as follows:

L Claimant's name and address: ·

_fadah .Carrol l

2. Claimant's attorney' s name and address (if any):

3.

4.

Robert W. Piken · Piken & Piken . 630 Third A ven~e, 23rd Floor

.New York. New York 10017

Nature of the Claim: .... :~

~.. C) ... ,.:: .. ' ,- :s:

s a resultfof failure.;tg' . . ·-- ···. - ~·::;)

maintain the property at 20 Vesey Street. New York. NY. in front Jillie 9tH ~~ . ' ', ~~; ~~i

Memorial Preview Site and/or negligently maintaining the propertiat::or rfear tlfa~1 · location in failin~ repair and/or co~ect the defect in the sidewalk adTu~ent.1fieret~~1 ·

. . . t1~1 ~~~. ~-~ Date, T\me an·d Location of incident from which the claim arose: 1.- · ,.....-. · ':j

~ .. , -·~ January 31, 2014 at approximately 10:00 p.m. in front of 20 Vesey Street; New

York. New York; on Vesey Street immediately adjacent'to the 9/ 11 Memorial

Preview Site: ·

5. Items of Damage Claimed:

lost .income and pain and suffering.

. . _Attach any available documentation or additional information desired.

THE PORT AUTHORITY OFNY NJ, ' LAW DEPARTMENT .·· ' -

ZOI~ APR I 8 P 4: 2 0

CLAIMS ADMINISTRATION&. RISK MANAGEMENT.

~ .•.. . ~.: ;~-:-

The undersigned Claimant therefore presents this claim for adjustment and payment. You are

hereby notified that unless it is adjusted and paid within the time provided by law from the date of

presentation to you, the Claimant intends to commence an action on this claim.

STATE OF NEW YORK COUNTY OF NEW YORK

) ) ss:

On the ft day,of April, 20,14, before me, the.undersigned, a Notary Public in and for said state, personally appeared Jada:h Carroll, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her capacity, and that by his/her signature on the instrument, the individual or the person on behalf of which the individual acted, executed

the· trumen'P.

COREY L. STOKES Notary Public, State of New York

Qualified in Queens County No.01ST6228865

My Commission Expires 09-27-2014

----------------------------------------------x . In the Matter of the Claim of:

DAVIDE GHBZA,

-against-

Claimant, VBRIPIBD NOT:CCB OF CLAIM

THE PORT AUTHORITY OP' NBW YORK and NEW JERSEY,

Respondent. ----------------------------------------------x . .. Oca ::::::. TO:

CLAIMANT:

CLAIMANT'S ATl'ORNBYS:

NATURE OF CLAIM:

-; ;.,..: ;,....

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sidewalk, located in New York, New York south of 90 Church Street and north of the World Trade Center Site, running along Vesey Street, between Church Street on the east and West Broadway on the west. The sidewalk, depicted in the attached photographs is also referred to as the Vesey Street sidewalk or pedestrian walkway. Claimant, DAVIDE GHEZA, slipped and fell on accumulated snow and ice on the Vesey Street 2014 and

information about the location fall is detailed, below.

Respondent I THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, is the owner of the World Trade Center Site in lower Manhattan and, accordingly, is legally obligated to care for and maintain sidewalks adjacent and appurtenant thereto, including the Vesey Street sidewalk. On January 31, 2014, and prior thereto, it was the duty of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY as owner and/ or opera tor of the World Trade Center Site to maintain the sidewalk area abutting its premises pursuant to the New York City Administrative Code §7-210, including the Vesey Street sidewalk. On January 31, 2014, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY did not maintain the sidewalks, including the Vesey Street sidewalk, abutting the aforesaid premises pursuant to the New York City Administrative Code §7-210. On January 31, 2014, and prior thereto, it was the duty of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY as owner and/or operator of the World Trade Center Site to maintain the sidewalk area abutting its premises pursuant to the New York City Administrative Code §19-152. on January 31, 2014, THE PORT AUTHORITY OF NEW

2

YORK AND NEW JERSEY did not maintain the sidewalks, including the Vesey Street sidewalk, abutting the aforesaid premises pursuant to the New York City Administrative Code §19-152. As a result of the failure of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY to maintain the sidewalk area abutting its premises in accordance with the New York City Administrative Code §§7-210 and 19-152, Claimant, DAVIDE GHEZA, was caused to fall and injure himself.

Respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY has also been granted an easement/easements affording it access to 90 Church Street and Vesey Street sidewalk as required. One such easement grants THE PORT AUTHORITY unlimited access "on, under and through" the Vesey Street sidewalk in perpetuity. This easement further obligates THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY to maintain the Vesey Street sidewalk in a safe manner for all persons lawfully present, including pedestrians such as claimant DAVIDE GHEZA.

Respondent YORK AND

THE PORT AUTHORITY OF NEW JERSEY also contracts with

private companies/a private company for the removal of snow and ice from the aforementioned Vesey Street sidewalk, further evidencing respondent' s control, responsibility for, management and operation of the location of the subject incident. Respondent, through its contracts, recognizes that "all snow shall be removed within four (4) hours of the end of the snowfall."

Respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY caused portions of the aforementioned Vesey Street sidewalk to become and remain in a hazardous condition after a period of

3

time of either having actual notice of the condition or having construction notice of the condition. Respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY was also negligent in that it: failed to maintain the subject location in a reasonably safe condition; caused and/or allowed the subject location to become slippery and thereby hazardous due to the accumulation of snow and ice; failed to remove accumulations of snow and ice that should have been removed well in advance of the fall and injury of Claimant DAVIDE GHEZA; failed to warn pedestrians, such as Claimant DAVIDE GHEZA, of the existence of the slipping hazard, an accumulation of snow and ice at the subject location, through the use of signs, warnings, traffic cones, saw horses, gates, barricades, anµ "warning tape" ; failed to prevent the passage of pedestrians, such as Claimant DAVIDE GHEZA, from traversing the subject location while it remained slippery and hazardous due to an accumulation of snow and ice through the use of signs, warnings, traffic cones, pedestrian traffic control personnel, and other means; failed to recognize the chronic and recurring condition of accumulation of precipitation at the subject location, and neglecting to minimize resulting slippery, hazardous conditions during freezing temperatures; failed to sand the subject location in a meaningful and effective way so as to eliminate slipping hazards; failed to salt the subject location in a meaningful and effective way so as to eliminate slipping hazards; and failed to place a temporary walkway or walkway covering over the subject location, a location vulnerable to accumulation of precipitation and the formation of slipping hazards.

4

Respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY was also negligent in exacerbating a dangerous condition at the subject location, thereby bringing about an accumulation of snow and ice that created a slipping hazard.

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY was also careless and negligent: in its supervision, management, control, construction and repair of utilities (separate and apart from the sidewalk) and components of utilities and related features, that created ice and interfered with the reasonable and safe operation in New York, Church Street

of the sidewalk located New York south of 90

and north of the World Trade Center Site, running along Vesey Street, between Church Street on the east and West Broadway on the west; in its supervision, management, control, operation, construction and repair of utilities, underground utilities, manhole covers, and utility covers separate and apart from the sidewalk, described above, that interfered with reasonable and safe operation of the sidewalk; in its failure to remove accumulated snow and ice in a timely and reasonably safe manner; in failing to properly maintain the sidewalk located at the aforesaid location; in failing to clear the sidewalk of accumulated snow and ice after having had due notice and knowledge of the dangerous condition existing thereat; in allowing an accumulation of snow and ice to remain at the subject location for an unreasonably long and substantial period of time, after the last recorded precipitation and throughout days of sub-freezing temperatures, so that THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY had constructive notice of the accumulation of snow and ice and should

s

have, but failed to, remove the accumulation of snow and ice; in failing to detect, observe or otherwise discern a visible and apparent accumulation of snow and ice that existed for a sufficient length of time before the subject incident that respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY should have discovered and remedied it; in causing and creating the dangerous condition at the location noted above; in failing to remove accumulations of snow and ice, thereby posing a slipping hazard to pedestrian; in failing to remedy and correct the hazard; in failing to properly and adequately inspect and repair the area; and in causing, allowing and permitting the condition to exist, despite knowledge and awareness of its condition and of the opportunity to correct and repair the hazard.

In addition, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY was further negligent in that: its inadequate installation, maintenance, construction and repair of utilities, including water pipes, steam pipes and sewer pipes, brought about or caused there to be an accumulation of snow and ice on the section of sidewalk at the location of the fall of the claimant DAVIDE GHEZA; and its inadequate installation, maintenance, construction and repair of drainage channels, including sloping sections of the Vesey Street sidewalk, brought about or caused there to be an accumulation of snow and ice on the section of sidewalk at the location of the fall of the Claimant, DAVIDE GHEZA.

Furthermore, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY undertook to remove snow and ice on and along the Vesey Street sidewalk and, in so doing,

6

DATE AND TIME CLAIM AROSE:

PLACE CLAIM AROSB:

caused Claimant, DAVIDE GHBZA, to rely on its efforts, instilling in him a false sense of security that the aforedescribed sidewalk was in safe and reasonable condition, all to his detriment and further bringing about the fall.

As a result of the said conditions, brought about by the negligence of the respondent, Claimant, DAVIDE GHEZA, was

humiliation, loss of income, and out-of-pocket medical expenses. Claimant has required and will require medical procedures for appropriate treatment of his injuries, has lost salary, and has had to pay for medical treatment . Furthermore, Claimant I s recovery in this matter is subject to a healthcare lien pursuant to ERISA, and the amount of the lien is claimed in damages.

Upon information and belief, arose on January 31, approximately 7:30 a.m.

the claim 2014 at

Upon information and belief, at the time of the incident, the Claimant was walking in a westbound direction along the Vesey Street sidewalk, at its location south of 90 Church Street and north of the World Trade center. Site, running along Vesey Street, between Church Street on the east and West Broadway on the west . Claimant was walking to the PATH station. Claimant fell as he approached/walked onto a section of sidewalk with five manhole covers. The section of sidewalk was

7

MANNER IN WHICH CLAIM AROSE:

closer to West Broadway than to Church Street. There was an accumulation of ice on and in the vicinity of the manhole cover that, of the five covers, was most northerly and most easterly. This is the location of the Claimant' s fall.

of lack of hereto are

To avoid any claim specificity, annexed photographs depicting the Claimant, DAVIDE became injured.

the area where GHEZA, fell and

Upon information and belief, police officers employed, directed and controlled by respondent, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, investigated the fall, prepared an incident report, and interviewed Claimant, DAVIDE GHEZA, at the location of the fall, and observed conditions at the location of the fall as they existed at that time.

Upon information and belief, the incident occurred as the Claimant, DAVIDE GHEZA, was lawfully traversing the aforesaid area, and he was caused to slip and fall, as a result of the negligence, including affirmative negligence, of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY which brought about the hazardous, dangerous, and longstanding accumulation of snow and ice at the aforesaid location. In addition to the information previously provided above (in Nature of Claim, above), detailing the incident and the negligence of the respondent, additional information is provided, here.

Upon information and believe, the respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY created the hazard

8

ITEMS OP DAMAGE OR INJURY:

at issue as it was careless and negligent in its supervision, management, control, construction and repair of utilities (separate and apart from the sidewalk) , components of utilities and related features, including drainage systems, that created ice and interfered with reasonable and safe operation of the sidewalk. Because the defect at issue is the result of utilities and/or systems not technically part of the sidewalk, respondent THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY is absolutely liable for the existence of this hazardous condition irrespective of notice.

Claimant further alleges that THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY in failing to remove the accumulation of snow and ice was negligent, careless and reckless in its operation, maintenance, repair and control of the aforesaid location in violation of the New York City Administrative Code §19-152 and §7-210 and the New York City Charter §2904.

Upon i nformation result of the DAVIDE GHEZA

and belief, as a Claimant,

humiliation, loss of income, and out-of-pocket medical expenses. Claimant has required and will require medical procedures for appropriate treatment of his injuries, has los't salary, and has had to pay for medical treatment . Furthermore, Claimant' s recovery in this matter is subject to a

9

healthcare lien pursuant to ERISA, and the amount of the lien is claimed in damages.

The Claimant, DAVIDE GHEZA, seeks damages in the amount of

TWO MILLION ($2,000,000.00) DOLLARS.

The claimant, DAVIDE GHEZA, therefore, presents this claim

for adjustment to THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY,

within the time limits for compliance with this demand. In the

event of a default o:(: said adjustment, Claimant, DAVIDE GHEZA,

intends to commence an action against THE PORT AUTHORITY OF NEW

YORK AND NEW JERSEY, based upon this claim, in the amount of TWO

MILLION ($2,000,000.00) DOLLARS, together with costs and

disbursements of this action.

Dated: New York, New York May 9, 2014

1H31~3!JVIIVW ~Sill '.I HOIJ:1i.l!S\N\WO\' SWIV18

z S :Z.\ d t I .W\'l ~ !OZ !N3~U~Vd30 MVl

n; AH .:JO J.!rnOHl!lV !llOd 31·\l

LAW OFFICES OF ANDREW J. CARBOY LLC 112 West 34th Street 15th Floor

On Behalf of Davide Gheza

10

10120

VERIFICATION

STATE OF NEW YORK SS. :

COUNTY OF NEW YORK

DAVIDE GHEZA, being duly sworn, deposes and says:

I am the claimant, herein.

I have read the foregoing Notice of Claim, and the contents

are true to my knowledge. To the extent that the matters are

alleged on information and belief, deponent believes the matters

to be true. The source of deponent•s information and the grounds

of his belief are his experiences and observations at and around

the time of the subject fall, his medical care and treatment, his

recovery and recuperation.

Sworn to before me this 9th day of May, 2014

1 I

.... , .. .... lllllrf.27 .... 11131'& -mcn I I - 7 Jiii--

• 2 2 ..... .=.

FACING WEST: SUBJECT MANHOLE COVER IN FOREGROUND AT RIGHT

SUBJECT MANHOLE COVER IN FOREGROUND

."AIDED" REPORT PA 26%/10-06 . . . . . . . . .

INSTRUCTIONS: To be prepared by reporting officer on assist cases lbatare not covered by other fonns such as PA 146, PA 621, etc. Send original to claims attorney and c~py to police desk.

CASE#14W-3 FuHName

Oheza,Davide

Address

Place of Occurrenc:e

Sex M

Age

31

FACILITY: WTC Date I

01/31114 0730

W. Broadway At Vesey St. ExactLocationofSubject

laying on the ground

Other Than P.A. Property: (Name & Address of Owner or Lessee) None

How Did Subject Arrive at Location WALKED

Subject O Accompanied By: 181 Alone

Name-Address-

D No Treatment 181 First Aid at Scene

Ambulance Called (81 Yes O No Time 0740 Hospital (if hospital not listed please write-in hospital name)

Columbia Presbyterian Downtown Hosptial

Disposition

Aided was ll'ansportcd via ambulance #0 l O to above hospital.

Local Police (Identify): PAPD l Witnesses (Names & Address: If None, State So) I NONE .

By ~T Hayden #6036/Ambulance 010

~:::: AmbuJance Responded 0757

Attending Physician

NIA

Time ~AM

PM

IBIAM OPM

At above time and place of occurrence, the undersigned officer responded to lhe incident location on a report of an aided, male who slipped and fell on the ground. Upon arrival ( observed the aided laying on the ground and complaining of pain to his right leg. He stated he was walking towards the train when he slipped on a manhole cover and fell to the ground. The undersigned requested EMS response and same anived on scene. EMS personnel provided aided with first aid on scene and transported same to Columbia Presbyterian Downtown Hospital for further medical evaluation. No further police action required at this~-

•· · --·· I . . . . I

ACR#7333257 AIDED'S DOB···

. it I L_iii~1+

Date

1130114 Reporting Officer and Shiel

P.O. D. HUNTER#3101

-- . --------------------------------------------------------------------)( DAVIDE GHEZA,

Claimant,

-against-

THE PORT AUIBORITY OF NEW YORK AND NEW JERSEY,

Respondent.

-------------------------------------------------------------------------)(

VERIFIED NOTICE OF CLAIM

LAW OFFICES OF ANDREW J. CARBOY

Attorneys for Claimant Davide Gheza

112 West 34th Street IS'h Floor

New York, New York 10120 (212) 502 7092

[email protected]

. BOROUGH : MANHATTAN

INSPECT DIST: 4 COMM. SOARD :

BUILD ING OPERATION PERMI T PERM IT VA LID FRc»I 11 /09/20 12 TO 11/16/ 2012

FEES ( NON-REFUNDABLE): ADMIN RE ISSUE

$**50 .00

TOTAL FEE $****50 .00 FEE WAIVED

PERMISSION HERESY GRANTED TO : NAME CONTACT NAME PHONE ADDRESS

PORT AUTHORITY OF NY & NJ CARL PASSERI ( 347) 538 · 0082 115 BROADWAY STH FLOOR NY NY 10006 PA OF NY & NJ CONTRACTS

TO OCCUPY THE ROADWAY AND/OR SIDEWALK IN FRONT OF HOUSE # ON STREET FROM STREET TO STREET

VESEY STREET CHURCH STREET WEST BROADWAY

SPECIFIC LOCATION : AKA S/S 8/T CHURCH STREET TO WEST STREET

FOR THE PURPOSE OF PLACE EQUIPMENT OTHER THAN CRANE OR SHOV llTC · VSC CONSTRUCTION_ MAINTAIN FENCE C737

***SEE PAGE 2 fOR STIPULAT IONS ***

PERMI T # : M02·201 2313·037

RECORDED# 00000000 PREV!C)JS # : M02· 2012184 -253

PE RM IT T'l'PE ROADWAY TYPE SIDEWALK TYPE ISSUE DATE

LI CENSE #

CONTRACT#

0204 ASPHALT CONCRETE 11/08/2012

WT284456GC

PERMIT ORI GINALLY PRINTED ON 11/09/201 2 AT 12:30 SY AUDREY JACKMAN OCMC PERM IT

PAGE 1 OF 3

BOROUGH MAN HA TTAN INSPECT DIST; 4 CCl4K. BOARD :

BUILDING OPERATION PERMIT PERMIT VALI D FROM 11/09/2012 TO 11/16/2012

PERMIT# M02·2012313·037 RECORDED# 00000000 PREVIOUS # H02·2012184·253

ALL WORK HUST ADHERE TO THE fOL LOUI NG STIPULATIONS : 038 011 012 066 091 107 117 SCHOOL NOISE1 L00007 LOOOOB

SPECIFlC STIPULATIONS: AS A CONDITION OF THE PERMIT, VESEY STREET HUST

038

011

012

066

091

107

117

OCHC·STREE

OCMC· STREE

OCMC·STREE

OCMC-STREE

OCHC·STREE

OCHC·STREE

OCHC·STREE

BE REBUJLT, FULL DEPTH, CURB TO CURB, END TO END FRCl1 CHURC H STREET TO UEST STREET,INCLUDING SDULKS MAINTA IN 23FT PE DESTRIAN UALKUAY ON NORTH SI DE . APPLY FOR UAJVER TO WORK DURING HOLIDAY EMBARGO.

ALL TE MPORARY TRAFFIC CONTROL DEVI CES, IN CLUDING BUT NOT LIMITED TO SIGNS, CHANNELIZING DEVICES, FENCING AND MARKI NGS SHALL BE PROVlDED, INSTALLED, MAINTAINED AND REMOVED BY THE PERHITTEE IN ACCORDANCE UITH THE HOST RECENT VERSION OF PART 6 OF THE MAN UAL ON ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHUAYS (HUTCO) . OBTAIN THE HUTCO AT HTTP://MUTCD.FHUA.DOT .GOV

POST SIGNS MEETING NYCD OT SPEC IFICAT IONS FOR DIRECTING PEDESTRIANS TO OPPOSI TE SIDEUALK. SIGNS HUST BE POSTED AT UORK ZONES AS UELL AS BOTH INTERSECTIONS OF AFFECTED SIOEUALK.

FLAG PERSON MUST BE PROVIDED TO STOP PEDESTRIAN ANO/OR VEHICLE TRAFFIC UHI LE LIFTING MAT ERI ALS OVERHEAD AND ALSO WHEN CROSSING SIOE UALK IN CONJUCTION

MITH CROSSING SIDEWALK PERMITS.

00 NOT PLACE MATER IALS , TRAILERS,CRANES, CONTAINERS, OR EQUIPMENT IN FRONT OF ORTVEUAYS, BUS STOPS, UJTHIN FIFTEEN FEET OF A FI RE HYDRANT, IN AUTHORIZED PARKING ZONES OR BLOCKING ACCESS TO DEP UATER TESTING BOXES. IF ~RK IS DIRECTLY IN ABOVE AREAS, HAY BE IN VICINI TY DURING STIPULATED IJORK HCXJRS BUT NOT UHEN SI TE IS UNATTENDED.

THIS PERMIT ACTIVITY HAY NOT START UN TIL THE PERHITTEE COORDINATES ALL UORK UI TH ANY ONGO ING CONSTRUCTION & UITH THE PROJECT/RESIDENT ENGINEER FOR ANY ONGOING CAPITAL PROJECTS.

LOADING AND UNLOADING, STANDING OR PARKING IN A LANE ADJACENT TO THE IJORK ZONE IN THE ROADUAY IS PROHIBITED. THIS AP PLIES TO PERMITTEES ANO ALL OF THE IR SUBCONTRACTORS.

REQUIRES LOUER MANHATTAN BORCl.lGH COMMISSIONER 'S OFFICE ( LHBCO) REVIEU

•••SEEPAGE 3 FOR STIPULATIONS•••

PERMIT ORIGINALLY PRINTED ON 11/09/2012 AT 12:30 BY AUDREY JACK!olAN OCHC PERMIT

PAGE 2 OF 3

80.IIOOGH MANHATT AN INSPECT DIST: 4

COMM. BOARD :

SCHOOL OCMC STREE

NOISE1 OCMC STREE

L00007 OCMC STREE

LOOOOB OCMC STREE

BUILDING OPERATION PERMIT PERMIT VALID FROH 11/09/2012 TO 11/16/2012

PERMIT# M02·2012313·037 RECORDED# 00000000 PREVJOUS # M02·2012184·253

NO IIORK TO BE PERFORMED UI THIH BLOCK FRONTI NG SCHOOL INCLUDI NG INTERSECTIONS FOR ONE HOUR PRIOR TO SCHOOL START TIME THROUGH ONE HOUR AFTER END OF SCHOOL TIME. PERMITTEE MUST NOTIFY SCHOOL PRINCIPAL IN WRITING 48 HOURS PRIOR TO BEGI NN ING ANY I/ORK. THIS STIP VOIDS ANY/ ALL OTHER CONFLICTING STIPS ON TH IS PERMIT UNLESS ACCOHPANIED UITH VARIANCE STIP VAR001.

BY SUBMITTING THIS APPLICATION AND/OR RENEUAL REQUEST, THE PERM ITTEE CERTIFIES ITS COMPLIANCE UITH ALL APPLICABLE CITYUIDE CONSTRUCT ION NOISE MI TIGATION REQUIREME NTS UNCLUOI NG, BUT NOT LIHITEO TO THE DEVELOPMENT OF A COMPL IAN T NOISE MI TITGATION OR ALTERNATIVE NOISE MITIGATION PL AN. PLEASE CONTACT THE NYC DEPARTMENT OF ENVIRONMENTAL PROTECT ION (W\1\1.NYC.GOV/OEP)FOR FURTHER INFORMATION

CONTRACTOR SHAL L BE RESPONSIBLE FOR ALL EQUIPMENT, VEHICLES ANO PERSONNEL OH OR

AROUND IIORK SITE .

PARKING OF NON COMMERCIAL VEHICLES ON THE ROADUAY, SIDEUALK OR UITHIN THE UORK ZONE tS PROHIBITED. VIOLATORS SHALL BE FINED AND PERMITS UILL BE SUSPENDED FOR NON COMPLIANCE.

PERMIT ORIGI NALLY PRINTED ON 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCMC PERMIT

PAGE 3 OF 3

,BOROUGH.. MANHATTAN INSPECT DIST: 4 COMM . BOARD :

BUILDING OPERATION PERMIT PERMIT VALID FROM 11/09/2012 TO 11/16/2012

FEES (NON · REFUNDABLE): ADMIN REISSUE

S .. 50.00

TOTAL FEE s••••so_oo FEE WA IVED

PERMISSION HEREBY GRANTED TO : HA)olE CONTACT NAME PHONE ADDRESS

PORT AUTHORI TY OF NY & NJ CARL PASSERI ( 347 > 536 · 0062 115 BROADWA Y STH FLOOR NY NY 10006 PA OF NY & NJ CONTRACTS

TO OCCUPY THE ROAO IIAY IN FRONT OF HOUSE # OH STREET VESEY STREET FROM STREE T CHURCH STREET TO STREE T WEST BROADWAY

SPECIFIC LOCATION : AKA S/S B/T CHURCH STREET & WEST STREET

FOR THE PURPOSE OF OCCUPANCY OF ROADWAY AS STIPULATED WTC -VSC CONSTRUCTION _______ _ _ C737

*** SEE PACE 2 FOR STIPULATIONS***

PERMIT # RECORDED # PREVIOUS#

PERHJT TY PE ROADWAY TYPE SIDEWALK TYPE

H02-20123B-OJ8 NONE H02·2012184·255

0211 ASPHALT

ISSUE DATE 11/08/2012

LICENSE #

CONTRACT It WT264456GC

PERMIT ORIGINALLY PRINTED Oii 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCMC PERMI T

PACE 1 OF 3

,SOROJGH, MANHATTAN INSPECT DIST: 4 COMM. BOARD :


PERMIT # M02·2012313 ·038 RECORDED# NONE PREVIO'.JS # M02·2012t8' · 255

ALL ~ORK MUST ADHERE TO THE FOLLO~ING STIPULATIONS : 038 012 066 091 107 SCHOOL HIOA01 NOISE1 L00007 L00008

SPECIFIC STIPULATIONS : MA INTAIN 23FT PEDESTRIAN UALKWAY ON N/S.

038

012

066

091

107

OCMC·STREE

OCMC·STREE

OCMC· STREE

OCMC·STREE

OCMC·STREE

AS A CONDITION OF THE PERMIT , VESEY STREET MUST BE REBUILT, FULL DEPTH, CURB TO CURB, END TO END FROM CHURCH STREET TO ~EST STREET, INCLUDING SIDE~ALKS. APPLY FOR UAIVER TO I.ORK DURING HOLIDAY EMBARGO.

ALL TEMPORARY TRAFFIC CONTROL DEVICES, lNCLUD ING BUT NOT LIMITED TO SIGNS, CHANNELIZ ING DEVICES, FENCING AND MARKINGS SHALL BE PROVIDED, INSTALLED, MAINTAINED AND REMOVED BY THE PERMITTE E IN ACCORDANCE WITH THE MOST RECENT VERSION OF PART 6 OF THE MANUAL ON ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGH~AYS (MUTCD). OBTAIN THE MUTCD AT HTTP://MUTCD.FHWA.DOT.GOV

FLAG PERSON HUST BE PROVIDED TO STOP PEDESTRIAN ANO/OR VEHICLE TRAF FI C ~HILE LIFTING MATER IALS OVERHEAD AND ALSO WHEN CROSSING SIDE~ALK IN CONJ UCTION

WITH CROSSING SIDEWALK PERMITS.

DO NOT PLACE MATERIALS, TRAILERS, CRANES , CONTAINERS, OR EQUIPMENT IN FRONT OF DRIVEWAYS , BUS STOPS, UITHIN FIFTEEN FEET OF A FIRE HYDRANT, IN AUTHORIZED PARKING ZONES OR BLOCKING ACCESS TO DEP ~ATER TESTING BOXES. IF \JORK IS DIRECTLY IN ABOVE AREAS, HAY BE IN VICINITY DURING STIPULATED IJORK HOURS BUT NOT UHEN SITE IS UNAT TE NDED .

THIS PERMIT ACTIVITY MAY NOT START UNTIL THE PERMITTEE COORDINATES ALL \JORK WITH ANY ONGOING CONSTRUCTION & ~ITH THE PROJECT/RESIDENT ENGINEER FOR ANY ONGOING CAPITAL PROJECTS.

LOADING AND UNLOADING, STANDING OR PARKING JN A LANE ADJACENT ro THE \JORK ZONE IN THE ROADWAY IS PROHIBITED. TH IS APPLIES TO PERMJTTEES AND ALL OF THEIR SUBCONTRACTORS.

***SEEPAGE 3 FOR STIPULATIONS***

PERMIT ORIGINALLY PRINTED ON 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCHC PERMIT

PAGE 2 OF 3

\fl_

.BOROUGH, MANHATTAN INSPECT DIST: 4 COMM . BOARD :

SCHOOL OCMC SlREE

HIOA01 OCMC STREE

NOISE1 OCMC STREE

L00007 OCMC STREE

L00008 OCMC STREE

BUILDING OPERATION PERMIT PERMIT VALID FR~ 11/09/2012 TO 11/16/2012

PERMIT# M02·2012313·038 RECORDED# NONE PREVIOUS# M02·2012184·255

NO WORK TO BE PERFORMED WITHIN BLOCK FRONTING SCHOOL INCLUDING INTERSECllONS FOR ONE HOUR PRIOR TO SCHOOL START TIME THROUGH ONE HOUR AFTER END OF SCHOOL TIME. PERMITlEE MUST NOllFY SCHOOL PRINCIPAL IN URlllNG 48 HOURS PRIOR TO BEGINNING ANY WORK. lHIS STIP VOIDS ANY/ ALL OTHER CONFLJCllNG STIPS ON THIS PERMIT UNLESS ACCOMPANIED UITH VARIANCE STIP VAR001.

THIS PERMIT ONLY ALLOUS FOR THE CLOSURE OF A ROADUAY OR SIDEUALK AS STIPULATED. ANY STORAGE OF MATERIAL OR STORAGE OF EQUIPMENT REQUIRES A SEPARATE PERMIT.

BY SUBMI TT ING THIS APPLICATION AND/OR RENEUAL REQUEST, THE PERM!TTEE CERT IFIES ITS COMPLIANCE UITH ALL APPLICABLE CITYUIDE CONSTRUCTION NOISE MITJGATION REQUIREMENTS UNCLUDING, BUT NOT LIMllED TO THE DEVELOPMENT OF A COMPLIANT NOISE MITITGATION OR ALTERNATIVE NOISE MITIGATION PLAN. PLEASE CONTACT THE NYC DEPARTMENT OF ENVIRONMENTAL PROTE CT ION (WW'J.NYC.GOV/DEP)FOR FURTHER INFORMATION

CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EQUIPMENT, VEHICLES AND PERSONNEL ON OR AROUND WORK SITE.

PARKlNC OF NON C~MERCIAL VEHICLES ON THE ROADUAY , SIDEUALK OR UITHIN THE WORK ZONE IS PROHIBITED. VIOLATORS SHALL BE FINED AND PERMITS UI LL BE SUSPENDED FOR NON COMPLIANCE .

PERMIT ORIGlNALLY PRINTED ON 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCMC PERMIT

PACE 3 OF 3

•BOROUGI~ MANHAT TAN fNSPECT DIST: 4 COMM. BOARD :

BUILDI NG OPERATION PERMI T PERMIT VALID FROM 11/09/2012 TO 11/16/201 2

FEES ( NON-REFUNDABLE): AOM IN REISSUE

S**S0.00

TOTAL FEE s••••so.oo FEE WA(VED

PERM ISSION HEREBY GRANTED TO : NAME CONTACT NAME PHONE ADDRESS

PORT AUTHORITY OF NY & NJ CARL PASSER! C 347) 538 - 0082 115 BROADWAY 5TH FLOOR NY NY 10006 PA OF NY & NJ CONTRACTS

TO OCCUPY THE ROADWAY ANO/OR SIDEWALK IN FRONT OF HOUSE # ON STREET VESEY STREET FROM STREET CHURCH STREET TO STREET WEST BROADWAY

SPECI FIC LOCATION : AKA B/T CHURCH STREE T TO WES T STREET

FOR THE PURPOSE Of OCCUPANCY Of SIDEWALK AS STI PULAT ED WTC · VSC CONSTRUCT 1 ON ______ ____ C737

*** SEEPAGE 2 FOR STIPULATIONS ***

PERMI T # M02-2012313 ·047 RECORDED# NONE

PREVIOUS# M02 -2012164 ·273

PERMIT TYPE ROADWAY TYPE

0215 ASPHALT

SIDEWALK TYPE CONCRETE ISSUE DATE 11/08/2012

LICENSE #

CONTRACT# WT264458GC

PERMIT ORIGINALLY PRINTED ON 11/09/2012 AT 12:30 BY AUD REY JACKl'IAN OCMC PERMI T

PAGE 1 OF J

.SOROUGtf• MANHA TT AN INSPECT DIST: 4 COMM. BOARD :


PERMIT# M02·2012313·047 RECORDED # NONE PREVIOUS# M02·2012184 · 273

ALL WORK MUST ADHERE TO THE FOLLO\IING STIPULATIONS : 036 011 012 066 091 107 117 SCHOOL NOISE1 L00007 L00008

SPECI FIC STlPULATIONS : MUST MAIN TAI N A 23FT WALKWAY ON N/S FOR PEDESTRIAN AS A CONDITION OF THE PERMIT, VESEY STREET MUST BE REBUILT, FULL DEPTH, CURB TO CURB FROM CHURCH ST TO WEST STREET, INCLUDING SIDEWALKS. MUST APPLY FOR WAIVER TO WORK DURI NG THE HOL IDAY EMBARGO.

036

011

012

066

091

107

117

OCHC·STREE

OCMC· STREE

OCMC·STREE

OCMC· STREE

OCMC-STREE

OCMC ·STREE

OCMC-STREE

ALL TEMPORARY TRAFFIC CONTROL DEVI CES , INCLUDING BUT NOT LIMITED TO SIGNS, CHANN ELIZING DEVICES, FENCING AND MARKINGS SHALL BE PROVIDED, l NSTALLEO, l'IAINTAINEO AN D REMOVED BY THE PERMITTEE IN ACCORDANCE WITH THE MOST RE CE NT VERSION OF PART 6 OF THE MANUAL ON ON UNIFORM TRAF FIC CONTROL DEVICES FOR STREETS .AND HIGHWAYS (MUTCD) . OB TAIN THE MUTCD AT HTTP://liJTCO.FHWA.OOT.GOV

POST SIGNS MEETI NG NYCDOT SPECIFICATIONS FOR DIRECTING PEDESTRIANS TO OPPOSITE SIDEWALK. SIGNS MUST BE POSTED AT \IQRK ZONES AS WELL AS BOTH INTERSECTIONS OF AFFECTED SIDEWALK.

FLAG PERSON MUST BE PROVIDED TO STOP PEDESTRIAN AND/OR VE HICLE TRAFFIC WHILE LIFTING MATER IALS OVERHEAD AND ALSO WH EN CROSSING SIDEWALK IN CONJUCTION

WIT H CROSSI NG SIDEWALK PERMITS.

DO NOT PLACE MAT ERI ALS, TRA ILERS,CRANES, CONTAlNERS, OR EQUIPMENT IN FRONT OF DRIVEWAYS, BUS STOPS, WI THI N FIFTEEN FEET OF A FIRE HYDRANT, IN

AUTHORIZED PARKING ZONES OR BLOCKING ACCESS TO OEP WATER TESTING BOKES. IF WORK IS DIRECT LY IN ABOVE AREAS, MAY BE IN VICINITY DURING STIPULATED IIORK HOURS BUT NOT WHE N SITE IS UNATTENDED.

THIS PERMIT ACTIVITY MAY NOT START UNTIL THE PERMITTEE COORDINATES ALL IJORK WITH ANY ONGOING CONSTRUCTION & UITH THE PROJECT/RESIDENT ENGINEER FOR ANY ONGOING CAPITAL PROJECTS.

LOADING AND UNLOADING, STANDI NG OR PARKI NG IN A LANE ADJACENT TO THE WORK ZONE IN THE ROADWAY IS PROHIBITED. THIS APPLIES TO PERMITTEES AND ALL OF THEIR SUBCONTRACTORS.

REQUIRES LOWER MANHATTAN BOROUGH COMMI SS IONER'S OFFICE CLMBCO) REVIEU

***SEEPAGE 3 FOR STI PULATIONS •••

PERMIT ORIGINALLY PRINTED ON 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCMC PERMIT

PAGE 2 OF 3

(

f1,

. BORaJGI+ MANHA TTAN IMSPECT 01 ST: t. COMM. BOARD :

SCHOOL OCHC STREE

NOISEl OCHC STREE

L00007 OCMC STREE

L00008 OCHC STREE

BU I LD ING OPERATION PERMIT PERMIT VALID FROM 11/09/2012 TO 11/16/2012

PERMIT# M02-2012313· 047 RECORDED# NONE PREVICXJS # H02 -201218t.·273

NO IIORK TO BE PERFORMED UITHIN BLOCK FRONTING SC HOOL INCLUDING INTERSECTIOMS FOR ONE HCXJR PR IOR TO SCHOOL START TIME THROUGH ONE Ho.JR AF TER ENO OF SCHOOL TJ HE. PERMI TTEE HUST NOTIFY SCHOOL PRINCIPAL IN WRITING 48 HCl.lRS PRIOR TO BEGINNING ANY UORK. THIS STIP VOIDS ANY / ALL OTHER COMFLICT! NG STIPS ON TH IS PERMIT UNLESS ACCOMPANIED WITH VARIANCE ST IP VAR001.

BY SUBMITTI NG THIS APPLICAT ION AND/OR RENEWAL REQUEST, THE PERMITTEE CERTIFIES ITS COMPLIANCE WITH ALL APPLICABLE CITYUIDE CONSTRUCTION NOISE MITIGATION REQUIREMENTS UNCLUDING, BUT NOT LIMITED TO THE DEVELOPMENT OF A COMPLIANT NOISE MI TITGATION OR ALTERNATIVE NOISE MITIGATION PLAN . PLEASE CONTACT THE NYC DEPARTMENT OF ENVIRONMENTAL PROTECT ION (\J\J\I .NYC.GOV/OEP)FOR FURTHER INFORMATION

CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EOUIPHENT, VEHICLES AND PERSONNEL ON OR ARCXJND UORK SITE .

PARKI NG OF NON Cc»4MERCI AL VEHICLES ON THE ROADUAY, SIDEWALK OR UITH IN THE UORK ZONE JS PROHIB I TED . VIOLATORS SHALL BE FINED AND PER MITS UI LL BE SUSPENDED FOR MON COMPLIANCE.

PERMIT ORIGI NALLY PRI NT ED ON 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCMC PERMI T

PAGE 3 OF 3

• BOROJ1.H MAN HATTAN INSPECT DIST: 4 COMM. BOARD :

BUILDING OPERATION PERMIT PERMIT VALID FROM 11/09/2012 TO 11 / 16/2012

FEES (NON-REFUNDABLE): AOHlN

REISSUE

$**50.00

TOTAL FEE $****50. 00 FEE WA IVED

PERMISSION HEREBY GRANTED TO : NAME CONTACT NAME PHONE ADDRESS

PORT AUTHORITY OF NY & NJ CARL PASSERI < 347) 538 · 0082 115 BROADWAY STH FLOOR NY NY 10006 PA OF NY & NJ CONTRACTS

TO OCCUPY THE ROADWAY AND/OR SIDEWALK IN FRONT OF HOUSE # ON STREET VESEY STREET FROM STREET CHURCH STREET TO STREET WEST BROADWAY

FOR THE PURPOSE OF PLACE EQUIPMENT OTHER THAN CRANE OR SHOV WTC ·VSC CONSTRUCTION _________ C737 CHERRY PICKER, BACK HOE, MANL IFT & Cot1PRESSOR

***SEE PAGE 2 FOR STIPULATIONS ***

PERMIT# M02·2012313·048 RECORDED # NONE PREVIOUS# M02·2012184·274

PERMIT TY PE 0204 ROAD WAY TYPE ASPHALT SIDE WA LK TYPE CONCRE TE ISSUE DATE 11/08/2012

LICENSE #

CONTRACT# WT 284458GC

PERM IT ORI G[ NALLY PR[NTED ON 11/09/2012 AT 12:30 BY AUD REY JACKMAN OCMC PERMI T

PAGE 1 OF 3

BOROtlGH MANHAT TAN INSPECT DIST: 4 COMM. BOARD :

BUILDING OPERATION PERMJT PERMI T VALID FROM 11/09/2012 TO 11/16/2012

PERMIT # RECORDED# PREVIOUS #

MOZ-2012313·048 NONE MOZ-2012184·274

All WORK MUST ADHERE TO THE FOLLO'ol!NG STIPULATI ONS : 038 011 012 066 091 107 SCHOOL NOISE1 L00007 LOOOOB

SPECIFIC STIPULAT IONS

038 OCMC·STREE

011 OCMC·STREE

012 OCMC·STREE

066 OCMC·STREE

091 OCMC-STREE

107 OCMC - STREE

MUST APPLY FOR WAIVER TO \JORK DURING THE HOLIDAY EMBARGO.

ALL TEMPORARY TRAF FIC CONTROL DEVICES, INCLUDI NG BUT NOT LIMITED TO SIGNS, CHANNELIZI NG DEVICES, FENCI NG ANO MARK INGS SHALL BE PROV IDED, INSTAL LED , MAINTAINED ANO REMOVED BY THE PERMITTEE IN ACCORDANCE WITH THE MOST RECENT VERS ION OF PART 6 OF THE MANUAL ON ON UNIFORM TRAF FIC CONTROL DEVICES FOR STREETS ANO HIGHWAYS (MUTCD). OBTAIN THE MUTCD AT HTTP://MUTCO.FHWA.DOT.GOV

POST SIGHS MEETING NYCDOT SPECIFICATIONS FOR DIRECTI NG PEDESTR IANS TO OPPOSI TE srDEWALK. SIGNS MUST BE POSTED AT WORK ZONES AS WELL AS BOTH INTERSECTIONS OF AFF ECT ED SIDEWALK.

FLAG PERSON MUST BE PROVIDED TO STOP PEDESTRIAN ANO/OR VEHI CLE TRAFF IC WHILE LIFTING MA TERIALS OVERHEAD ANO ALSO WHEN CROSSING SIDEWALK IN CONJUCTION

WI TH CROSSING SIDEWALK PERM ITS.

00 NOT PLACE MATERIALS, TRAI LERS ,CRANES, CONTAINERS, OR EQUIPMENT IN FRONT OF DRIVEWAYS, BUS STOPS, WITHIN FIFTEEN FEET OF A FIRE HYDRANT, IN AUTHORIZED PARKI NG ZONES OR BLOCKING ACCESS TO DEP WATER TESTING BOXES . IF WORK rs DIRECTLY IN ABOVE AREAS, MAY BE IN VICINITY DURING STIPULATED WORK HOURS BUT NOT WHEN SI TE IS UNATT ENDED.

TH IS PERM IT ACTI VI TY HAY NOT START UNTIL THE PERHJTTEE COORDINATES ALL WORK WITH ANY ONGO ING CONSTRUCTION & WITH THE PROJECT/RES IDENT ENGINEER FOR ANY ONGOI NG CAPITAL PROJECTS.

LOADING AN D UNLOADI NG, STAN DI NG OR PARKING IN A LANE ADJACENT TO THE 'IKJRK ZONE IN THE ROADWA Y IS PROHIBITED. THIS APP LI ES TO PERMJ TTEES AHO AL L OF THEIR SUBCONTRACTORS.

•••SEEPAGE 3 FOR STI PULATIONS•••

PERMIT ORIGINALLY PRINTED ON 11/09/2012 AT 12:30 BY AUDREY JACKMAN OCMC PERMIT

PACE 2 OF 3

BORcxJ'GH MANHATTAN INSPECT DIST: 4 COMM_ BOARD :

SCHOOL OCHC ST REE

NOISE1 OCMC STREE

L00007 OCMC STREE

L00008 OCMC STREE

BUILD ING OPERAT ION PERM IT PERM IT VAL ID FR OM 11/09/2012 TO 11/16/2012

PERMIT# H02·2012313-048 RECORDED# NONE PREVIOUS # M02·2012184 · 274

NO IJOl!K TO BE PERFORMED WITH IN BLOCK FRONTING SCHOOL INCLUDING INTERSECTIONS FOR ONE HOUR PRIOR TO SCHOOL START TIME THROUGH ONE HOUR AFTER END OF SCHOOL TI ME- PERMI TTEE MUST NOTIFY SCHOOL PRINCIPAL IN WRI TING 48 HOURS PRIOR TO BEGINN I NG ANY WORK . THIS STIP VOIDS ANY/ ALL OTHER CONFLICTING STIPS ON THIS PERMIT UNLESS ACC OM PA NI ED WITH VARIANCE ST IP VAR001.

BY SUBMITTI NG THI S APPL ICATION AND/OR RE NEWAL REQUEST, THE PERMITTEE CERTIFI ES ITS COMPLIANCE MI TH ALL APPLICABLE CITYWI DE CONSTRUCTION NOISE MIT IGATION REQUI REMENT S UNCLUDI NG, BUT NOT LI MITED TO THE DEVELOPMENT OF A COMPLIANT NOISE MITITGATION OR ALTERNATIVE NOISE MITIGATION PLAN- PLEASE CONTACT THE NYC DEPAR TMENT OF ENVI RONMENTAL PROTECTION CMIJ\1-NYC-GOV/DEP)FOR FURTHER INFOIH(ATION

CONTRACTOR SHALL BE RESPONSI BL E FOR ALL EQUIPMENT, VEHICLES AND PERSONNEL ON OR AROUND WORK SITE.

PARKING OF NON COtlMERCIAL VE HICLES ON THE ROAD~AY, SIDEWALK OR WITHIN THE 1.'0RK ZONE IS PROHIBITED. VIOLATORS SHALL BE FI NED AND PERMITS WILL BE SUSPENDED FOR NON COMPL IANCE.

PERMIT ORIGINALLY PRINTED ON 11 /09/2012 Al 12:30 BY AUD REY JACKMAN OCMC PERMIT

PAGE 3 OF 3

ISSUED DATE: 08/02/2013 PERMIT VALID FROM: 08/02/2013 TO: 10/29/2013

BOROUGH: MANHATTAN PERMIT TYPE: 0201 - PLACE MATERIAL ON STREET

FEES (NON-REFUNDABLE):

ADMIN $0.00

INSPECT $0.00

TOTAL: $0.00 FEE WAIVED/CONTRACT

ROADWAY TYPE: ASPHALT

SIDEWALK TYPE: CONCRETE

PERMISSION HEREBY GRANTED TO:

NAME: PORT AUTHORITY OF NY & NJ LICENSE #:

CONTACT NAME: RIVERA,JR JOSE M. CONTRACT #: WT284458GC

PHONE: ( 973 ) 565 - 7866 SPONSORING AGENCY: PORT AUTHORITY OF NY & NJ

ADDRESS: 2 GATEWAY CENTER 14TH FLOOR NEWARK, NJ 07102

TO OCCUPY THE ROADWAY AND/OR SIDEWALK AT:HOUSE#:

ON STREET: VESEY STREET

FROM STREET: CHURCH STREET

TO STREET: WEST BROADWAY

LOCATION DETAILS: SOUTH SIDE B/T GREENWICH STREET & CHURCH STREET

FOR PURPOSE OF: WTC PERIMETER CONSTRUCTION

INSPECT DIST: 4 COMM. BOARD: 01

RECORDED: None WEBTRACKING #: 201307310394 SEQUENCE #: 0037

Note: If House Number is not provided Permittee shall use “Location Details” box to indicate a specific location of the work area within a block (for all non-Contract work, i.e. Contract #: None).

PERMITTEE SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES AND SPECIFICATIONS OF THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND WITH THE TERMS AND CONDITIONS OF THE PERMIT. FAILURE TO COMPLY MAY RESULT IN REVOCATION OF THE PERMIT BY THE COMMISSIONER.

TAMPERING WITH OR KNOWINGLY MAKING A FALSE ENTRY IN OR FALSELY ALTERING THIS PERMIT MAY RESULT IN A RESTRICTION IN OBTAINING FUTURE NYCDOT PERMITS.

NYS LAW

CALL NEW YORK 811, INC. AT 1-800-272-4480 OR 811 BEFORE STREET OPENING EXCAVATIONS. NEW YORK STATE INDUSTRIAL CODE RULE 753 MANDATES 2-10 BUSINESS DAYS NOTICE PRIOR TO DIGGING.

PERMITTEE SHALL COMPLY WITH ALL OF THE FOLLOWING STIPULATIONS

77\171 PERMIT ACCEPTED BY PERMITTEE ON 8/2/2013 AT 15: 19 PAGE: 1 of 2

NYC Department of Transportation

Office of Permit Management

PERMIT#: M02-2013214-088 PREVIOUS # M02-2013150-155

BUILDING OPERATION PERMIT

SPECIFIC STIPULATION

MAINTAIN A 17FT WALKWAY IN THE ROADWAY FOR PEDESTRIAN TRAFFIC. AS A CONDITION OF THE PERMITVESEY STMUST BE REBUILT, FULL DEPTH, CURB TO CURBEND TO END FROM WEST STREET TO CHURCH STREET,INCLUDING SIDEWALKS.

011 POST SIGNS MEETING NYCDOT SPECIFICATIONS FOR DIRECTING PEDESTRIANS TO OPPOSITE SIDEWALK. SIGNS MUST BE POSTED AT WORK ZONES AS WELL AS BOTH INTERSECTIONS OF AFFECTED SIDEWALK.

038 ALL TEMPORARY TRAFFIC CONTROL DEVICES, INCLUDING BUT NOT LIMITED TO SIGNS, CHANNELIZING DEVICES, FENCING AND MARKINGS SHALL BE PROVIDED, INSTALLED, MAINTAINED AND REMOVED BY THE PERMITTEE IN ACCORDANCE WITH THE MOST RECENT VERSION OF PART 6 OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD). OBTAIN THE MUTCD AT HTTP://MUTCD.FHWA.DOT.GOV .

066 DO NOT PLACE MATERIALS, TRAILERS,CRANES, CONTAINERS, OR EQUIPMENT IN FRONT OF DRIVEWAYS, BUS STOPS, WITHIN FIFTEEN FEET OF A FIRE HYDRANT, IN AUTHORIZED PARKING ZONES OR BLOCKING ACCESS TO DEP WATER TESTING BOXES. IF WORK IS DIRECTLY IN ABOVE AREAS, MAY BE IN VICINITY DURING STIPULATED WORK HOURS BUT NOT WHEN SITE IS UNATTENDED.

091 THIS PERMIT ACTIVITY MAY NOT START UNTIL THE PERMITTEE COORDINATES ALL WORK WITH ANY ONGOING CONSTRUCTION & WITH THE PROJECT/RESIDENT ENGINEER FOR ANY ONGOING CAPITAL PROJECTS.

103 PARKING OF NON-COMMERCIAL VEHICLES ON THE STREET (ROADWAY AND SIDEWALK) WITHIN WORK ZONES IS PROHIBITED.

107 LOADING AND UNLOADING, STANDING OR PARKING IN A LANE ADJACENT TO THE WORK ZONE IN THE ROADWAY IS PROHIBITED. THIS APPLIES TO PERMITTEES AND ALL OF THEIR SUBCONTRACTORS.

L00007 CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EQUIPMENT, VEHICLES AND PERSONNEL ON OR AROUND WORK SITE.

L00008 PARKING OF NON COMMERCIAL VEHICLES ON THE ROADWAY, SIDEWALK OR WITHIN THE WORK ZONE IS PROHIBITED. VIOLATORS SHALL BE FINED AND PERMITS WILL BE SUSPENDED FOR NON COMPLIANCE.

LMZONE REQUIRES LOWER MANHATTAN BOROUGH COMMISSIONER'S OFFICE (LMBCO) REVIEW

NOISE1 BY SUBMITTING THIS APPLICATION AND/OR RENEWAL REQUEST, THE PERMITTEE CERTIFIES ITS COMPLIANCE WITH ALL APPLICABLE CITYWIDE CONSTRUCTION NOISE MITIGATION REQUIREMENTS UNCLUDING, BUT NOT LIMITED TO THE DEVELOPMENT OF A COMPLIANT NOISE MITITGATION OR ALTERNATIVE NOISE MITIGATION PLAN. PLEASE CONTACT THE NYC DEPARTMENT OF ENVIRONMENTAL PROTECTION (WWW.NYC.GOV/DEP)FOR FURTHER INFORMATION

S21583 WORK EMBARGO 09/27 - 09/29/2013 FOR 2013 STEPHEN SILLER TUNNEL TO TOWER RUN AND FESTIVAL *SPECIAL EVENT TIME: 12:01AM - 11:59PM BORO: BROOKLYN/MANHATTAN *NYC DOT MAY REQUIRE FULL RESTORATION OF ROADWAY AND/OR SIDEWALK FOR PUBLIC USE AS IT RELATES TO THE EVENT*

SCHOOL NO WORK TO BE PERFORMED WITHIN BLOCK FRONTING SCHOOL INCLUDING INTERSECTIONS FOR ONE HOUR PRIOR TO SCHOOL START TIME THROUGH ONE HOUR AFTER END OF SCHOOL TIME. PERMITTEE MUST NOTIFY SCHOOL PRINCIPAL IN WRITING 48 HOURS PRIOR TO BEGINNING ANY WORK. THIS STIP VOIDS ANY/ ALL OTHER CONFLICTING STIPS ON THIS PERMIT UNLESS ACCOMPANIED WITH VARIANCE STIP VAR001.







BOROUGH: MANHATTAN PERMIT TYPE: 0204 - PLACE EQUIPMENT OTHER THAN CRANE OR SHOV


ADMIN $0.00














FOR PURPOSE OF: WTC PERIMETER CONSTRUCTION_____________FENCE






NYS LAW









BOROUGH: MANHATTAN PERMIT TYPE: 0204 - PLACE EQUIPMENT OTHER THAN CRANE OR SHOV


ADMIN $0.00














FOR PURPOSE OF: WTC PERIMETER CONSTRUCTION______________TRUCKS






NYS LAW









BOROUGH: MANHATTAN PERMIT TYPE: 0211 - OCCUPANCY OF ROADWAY AS STIPULATED


ADMIN $0.00



SIDEWALK TYPE:






TO OCCUPY THE ROADWAY AT:HOUSE#:











NYS LAW















HIQA01 THIS PERMIT ONLY ALLOWS FOR THE CLOSURE OF A ROADWAY OR SIDEWALK AS STIPULATED. ANY STORAGE OF MATERIAL OR STORAGE OF EQUIPMENT REQUIRES A SEPARATE PERMIT.













BOROUGH: MANHATTAN PERMIT TYPE: 0215 - OCCUPANCY OF SIDEWALK AS STIPULATED


ADMIN $0.00


ROADWAY TYPE:







TO OCCUPY THE SIDEWALK AT:HOUSE#:











NYS LAW









BOROUGH: MANHATTAN PERMIT TYPE: 0214 - PLACE CONTAINER ON THE STREET


ADMIN $0.00




















NYS LAW









BOROUGH: MANHATTAN PERMIT TYPE: 0211 - OCCUPANCY OF ROADWAY AS STIPULATED


ADMIN $0.00



SIDEWALK TYPE:






TO OCCUPY THE ROADWAY AT:HOUSE#:











NYS LAW









MAINTAIN A 17FT WALKWAY IN THE ROADWAY FOR PEDESTR IAN TRAFFIC. AS A CONDITION OF THE PERMITVESEY STMUST BE REBUILT, FULL DEPTH, CURB TO CURBEND TO END FROM WEST STREET TO CHURCH STREET,INCLUDING SIDEWALKS.






410 VARIANCE GRANTED TO WORK DURING THE "HOLIDAY"EMBARGO-NOVEMBER TO JANUARY, AS STIPULATED BY THE O.C.M.C. OFFICE.


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