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Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 1 of 11 PageID #: 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

"MDEC30 AH 8:It3

MARIA COLLADO, MARINO LALANE,


JOSE COLLADO, DELMIRA BAEZ, and
CARMEN LOPEZ,

hAo lL,:::i L-bTr;:

Plaintiffs,

COMPLAINT

-against-

CV16-07173

946 BUSHWICK AVENUE, LLC,


SAFEGUARD REALTY MGNT, INC.,
GRAHAM JONES, and BENJAMIN SOPKIN,

GLASSER, J.

Defendants.
-X

BLOOM, MJ.

PRELIMINARY STATEMENT

1.

Plaintiffs MARIA COLLADO, MARINO LALANE, JOSE COLLADO,

DELMIRA BAEZ, and CARMEN LOPEZ ("Plaintiffs") seek injunctive and declaratory relief to

protect their right to accessible living space during the planned replacement ofthe sole elevator
in their six-story building.

2.

Plaintiffs are rent-stabilized tenants at 946 Bushwick Avenue, Brooklyn, New

York 11221 ("946 Bushwick Avenue") who are disabled and mobility-impaired. Plaintiffs

cannot safely orreasonably climb up to six flights ofstairs to their apartment because they suffer
from disabilities including arthritis, colon cancer, diabetes, high blood pressure, and asthma.
Plaintiff Maria Collado is 84 years old and has been bound to a wheelchair for thepast8 years.

These disabilities affect their breathing and have weakened their bodies such that it is painful and
they lack the body strength to ascend or descend stairs independently.

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 2 of 11 PageID #: 2

3.

Plaintiffs must leave their apartments multiple times a day for essential necessities

such as picking up groceries, doing laundry, taking out garbage, picking up medication, and
visiting their doctors.

4.

Defendants, who are the owners and parties responsible for the building, intend to

take the elevator out of service on January 2, 2017, for an estimated period of four to six months,
effectively trapping Plaintiffs in their homes.
5.

Defendants have refused to offer or agree to any reasonable accommodations.

6.

By failing to provide access to their apartments, common areas, and other

facilities within the premises, and failing to offer any reasonable accommodations, Defendants

have violated Plaintiffs' rights under the Fair Housing Act, the New York State and New York
City Human Rights Laws, and the regulations promulgated there under.

JURISDICTION AND VENUE

7.

This court has jurisdiction over this action pursuant to 28 U.S.C. 1331 for civil

actions arising under the laws of the United States, 28 U.S.C. 1343 for actions under laws
providing for the protection of civil rights, and 28 U.S.C. 1367 for related state and local
claims.

8.

Venue is proper in the Eastern District of New York pursuant to 28 U.S.C.

1391(b). The Eastern District of New York is the judicial district in which Defendants do
business at their executive office located at 946 Bushwick Avenue, Brooklyn, NY 11221

according to the Multiple Dwelling Registration filed with the New York City Department of
Housing Preservation and Development ("HPD").

PARTIES

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 3 of 11 PageID #: 3

9.

Plaintiff MARIA COLLADO is a disabled, mobility-impaired, 84-year-old tenant

who has lived at 946 Bushwick Avenue, Apartment B7, Brooklyn, NY 11221, for approximately
25 years. Ms. Collado has been bound to a wheelchair for 8 years and cannot walk.
10.

Plaintiff MARINO LALANE is a disabled, mobility-impaired, 69-year-old tenant

who has lived at 946 Bushwick Avenue, Apartment B8, Brooklyn, NY 11221, for approximately
38 years. Mr. Lalane suffers from colon cancer, appendicitis, arthritis, asthma, diabetes and
cataracts.

11.

Plaintiff JOSE COLLADO is a disabled, mobility-impaired, 54-year-old tenant

who has lived at 946 Bushwick Avenue, Apartment C8, Brooklyn, NY 11221, for approximately
22 years. Mr. Collado suffers from diabetes, which causes sores and blisters on his feet.

12.

Plaintiff DELMIRA BAEZ is a disabled, mobility-impaired, 84-year-old tenant

who has lived at 946 Bushwick Avenue, Apartment F2, Brooklyn, NY 11221, for approximately
32 years. Ms. Baez lives alone and suffers from joint weakness.
13.

Plaintiff CARMEN LOPEZ is a disabled, mobility-impaired, 59-year-old tenant

who has lived at 946 Bushwick Avenue, Apartment F3, Brooklyn, NY 11221, for approximately
34 years. She lives with her husband who has high blood pressure and had stents placed in his
arteries. They both suffer from knee joint weakness.
14.

Upon information and belief, Defendant 946 BUSHWICK AVENUE,

LLC.("Defendant 946 Bushwick Avenue") is the corporation owner of the property known as

946 Bushwick. It maintains its Principal Executive Office at 156 Fifth Avenue, 4th Floor, New
York, NY 10010, as registered with the New York State Department of State, and/or 120 West

31st Street, 6th Floor, New York, NY 10001, as registered with HPD in its Multiple Dwelling
Registration.

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 4 of 11 PageID #: 4

15.

Defendant SAFEGUARD REALTY MGMT, INC. ("Defendant Safeguard

Realty") is the Managing Agent of the property according to the Multiple Dwelling Registration
filed with HPD. According to the registration information, Defendant Safeguard Realty

maintains an address at 120 West 31st Street, 6th Floor New York, NY 10001.
16.

Defendant JONES GRAHAM ("Defendant Graham") is the Head Officer of

Defendant 946 Bushwick Avenue according to the Multiple Dwelling Registration filed with
HPD. According to the registration information, Defendant Graham maintains an office at 156

Fifth Avenue, 4th Floor, NewYork, NY 10010.


17.

Defendant SOPKIN BENJAMIN ("Defendant Benjamin") is a Officer of

Defendant 946 Bushwick Avenue according to the Multiple Dwelling Registration filed with
HPD. According to the registration information, Defendant Benjamin maintains an office at 120

West 31st Street, 6th Floor, New York, NY 10001.

STATEMENT OF FACTS

18.

The premises at 946 Bushwick Avenue is a six-story multiple dwelling

rent-stabilized building with 53 apartments, some of which are occupied by low-income tenants
who are disabled and mobility-impaired.
19.

Defendants intend to replace the sole elevator in the building on January 2, 2017,

a process that purports to remove the elevator from operation for a period of approximately four
to six months.

20.

On or about December 6, 2016, the Landlord Defendants posted a notice on the

elevator to the tenants of 946 Bushwick Avenue, advising them of the planned elevator shut
down for four to six months, commencing on January 2, 2017.

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 5 of 11 PageID #: 5

21.

The December 6, 2016 notice neither advised the tenants that they could contact

the owner nor offered any accommodations for those with disabilities.
22.

On or about December 9, 2016, Plaintiffs' counsel notified Defendants that there

are elderly and disabled tenants living in the building who would not be able to leave the
building without elevator services.

23.

Despite being notified that there are disabled and vulnerable tenants at 946

Bushwick Avenue who require elevator service, Defendants failed to offer reasonable
accommodations.

24.

On or about December 16, 2016, Plaintiffs' counsel notified Defendants a second

time that there are elderly and disabled tenants who need reasonable accommodation. Again,

despite being notified, Defendants did not respond.


25.

Therefore, it is irrefutable that Defendants had notice that elderly and disabled

tenants reside at 946 Bushwick Avenue and need reasonable accommodations.

26.

Upon information and belief, Defendants have not taken any appropriate steps to

provide, maintain, or modify services in preparation for or execution of the elevator replacement.
27.

Moreover, Defendants have failed to ensure that Plaintiffs and other vulnerable

tenants will have access to internal building services or egress during the term of the elevator
replacement.

28.

Plaintiffs cannot safely ascend or descend up to six flights of stairs from their

apartments without experiencing extreme pain and risk of falling.


29.

Ms. Collado uses her wheelchair to move around in her apartment and has trouble

getting in and out of her wheelchair. Her daughter, Gladys Collado, helps her run her daily
errands and visit her doctors a couple of times a week. Ms. Collado relies on the elevator to exit

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 6 of 11 PageID #: 6

the building. Her daughter cannot carry her or the wheelchair up or down the stairs.
30.

Mr. Lalane received surgery for his colon cancer in 2000 followed by

chemotherapy and radiation for six months. He was in a coma for 14 days.

31.

After the surgery, he suffers from its lifelong side effects including constant pain

and cramps in the abdomen, weakness and fatigue, and nausea. In addition he suffers from

appendicitis, arthritis, asthma, diabetes, and cataracts.


32.

He has trouble breathing and has trouble even standing because of the pain, which

at times causes him to vomit. When he walks even short distances, his knees start to swell and

cannot move for up to 2 minutes. When he tries taking the stairs, he starts to cough and wheeze.
33.

Mr. Collado's diabetes is life-threatening and causes sores to form on his feet.

Due to his illness, these sores do not heal properly and cause excruciating pain forcinghim to
wear a brace around his right foot to allow him to walk. He received surgery 8 years ago to

remove his pancreas but the scars did not heal properly. When he strains his body, he feels the
skin around his scars tearing open. He also suffers from high blood pressure.

34.

Ms. Baez suffers from joint weakness and lives on the sixth floor. Due to her age

and joint weakness, she has trouble walking and cannot ascend and descend six flights ofstairs.
35.

Ms. Lopez also suffers from joint weakness and experiences pain when walking

long distances and going up and down stairs. Her husband, Justino Lopez, has high blood
pressure and had to get stents placed inhis arties to reduce the risk ofa heart attack.
36.

Plaintiffs rely on the elevator multiple times a day to take care of essential daily

errands such as grocery shopping, doing laundry, taking out the trash and visiting their doctors.
37.

The elevator is essential to their health and livelihood. They use this elevator to

socialize with family and friends. Forexample, Ms. Baez attends church every Tuesday,

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 7 of 11 PageID #: 7

Thursday, Friday, and Sunday for service. She has not missed one service for the past ten years.
38.

If Defendants remove the elevator from service, Plaintiffs will be trapped in their

homes and they would not be able to care for themselves.


39.

Without elevator service, Plaintiffs' lives would be in grave danger because in the

event of a medical emergency, Plaintiffs would not be able to take the stairs.

40.

In the case of a fire or gas leak, Plaintiffs will not be able to vacate the premises.

41.

Plaintiffs do not have an alternative place that they can temporarily live at while

the elevator is out of service. They do not have any relatives who can provide temporary
accommodations for them.

42.

Plaintiffs are low-income and cannot afford to move.

43.

Plaintiffs, through their attorneys, requested that Defendants provide reasonable

accommodation to them. However, Plaintiffs have not received any response as to whether

Defendants will provide such an accommodation.


CAUSES OF ACTION

First Cause of Action: Violations of Title VIII of the Civil Rights Act of 1968

44.

Plaintiffs reallege and incorporate by reference the allegations set forth in this

Complaint as if fully set forth herein.

45.

Plaintiffs are disabled and/or a handicapped person within the meaning of Title

VIII of the Civil Rights Act. 42 U.S.C. 3602 (h)(1); see 24 C.F.R. 100.201.
46.

Defendants' refusal to make reasonable accommodation for Plaintiffs prior to

removing the elevator from service as planned at 946 Bushwick Avenue, constitute

discrimination against Plaintiffs on thebasis of their disability in the provision of services or

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 8 of 11 PageID #: 8

facilities in connection with Plaintiffs' dwelling, in violation of Title VIII of the Civil Rights Act

of 1968, as amended by the Fair Housing Amendments Act of 1988,42 U.S.C. 3601 et seq.
47.

Accordingly, pursuant to 42 U.S.C. 3604 (f)(2), if the elevator is removed from

service as planned at 946 Bushwick Avenue, Plaintiffs will be harmed by Defendants' violations
of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act
of 1988.

Second Cause of Action: Violations of New York State Human Rights Law

48.

Plaintiffs reallege and incorporate by reference the allegations set forth in this

Complaint as if fully set forth herein.


49.

Plaintiffs are disabled and/or handicapped persons within the meaning of the New

York State Human Rights Law, N.Y. Exec. Law 292(21).


50.

Defendants' refusal to make reasonable accommodation for Plaintiffs prior to

removing the elevator from service as planned at 946 Bushwick Avenue, constitute
discrimination against Plaintiffs on the basis of his disability in the provision of services or
facilities in connection with Plaintiffs' dwelling in violation of the New York State Human
Rights Law, N.Y. Exec. Law 290 et seq.
51.

Pursuant to N.Y. Exec. Law 290 et seq., if the elevator is removed from service

as planned at 946 Bushwick Avenue, Plaintiffs will be harmed by Defendants' violations of the
New York State Human Rights Law.

Third Cause of Action: Violations of New York City Human Rights Law

52.

Plaintiffs reallege and incorporate by reference the allegations set forth in this

Complaint as if fully set forth herein.

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 9 of 11 PageID #: 9

53.

Plaintiffs are disabled and/or a handicapped person within the meaning of the

New York City Human Rights Law, N.Y.C. Admin. Code 8-102(10).

54.

Defendants' refusal to make reasonable accommodation for Plaintiffs prior to

removing the elevator from service as planned at 946 Bushwick Avenue, constitute
discrimination against Plaintiffs on the basis of their disability in the provision of services or

facilities in connection with Plaintiffs' dwelling in violation of the New York City Human Rights
Law, N.Y.C. Admin. Code 8-101 etseq.

55.

If the elevator is removed from service as planned at 946 Busiwck Avenue,

Plaintiffs will be harmed by Defendants' violations of the New York City Human Rights Law,
N.Y.C. Admin. Code 8-101 etseq.

RELIEF REQUESTED

WHEREFORE, Plaintiffs request that this Court:


(1)

Enter a final judgment declaring that Defendants violated:

a.

Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing

Amendments Act of 1988,42 U.S.C. 3601et seq., and its implementing regulations;

b.

New York State Human Rights Law, N.Y. Exec. Law 290e/ seq., and its

implementing regulations; and

c.

New York City Human Rights Law, N.Y.C. Admin. Code 8-101e/ seq.,

and its implementing regulations;


(2)

Enter final injunctive relief requiring Defendants to immediately cease and desist

from removing the elevator at 946 Bushwick Avenue from service until reasonable
accommodations have been made to provide accessible accommodations to Plaintiffs;

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 10 of 11 PageID #: 10


twss^.

(3)

Enter a final judgment awarding Plaintiffs' actual, compensatory, punitive, and

nominal damages for injuries and expenses incurred as a result of the preceding violations;
(4)

Allow Plaintiffs' costs and disbursements incurred with this action, including

reasonable attorney's fees and expenses under any statute or law authorizing the recovery of such
costs, disbursements, fees, and expenses; and

(5)

Grant such other and further relief as this Court may deem just and proper.

10

Case 1:16-cv-07173-ILG-LB Document 1 Filed 12/30/16 Page 11 of 11 PageID #: 11


-*&

Dated: New York, New York


December 21,2016

(LL2703)
Travis J. Arrindell (TA 7605)
Shekar Krishnan (SK 9995)
OfCounsel to Martin S. Needelman, Esq.
Brooklyn Legal Services Corporation A
260 Broadway, Suite 2
Brooklyn, New York 11211
(718)487-2300

11

Case 1:16-cv-07173-ILG-LB Document 1-1 Filed 12/30/16 Page 1 of 2 PageID #: 12


JS44 (Rev. 07/16)

CIVIL COVER SHEET

TheJS44 civilcoversheetandthe information contained herein neither replace norsupplement the filing andservice of pleadings or otherpapers asrequired by law, exceptas
providedby local rules ofcourt. This form, approved by the JudicialConference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ONNEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

946 BUSHWICK AVENUE, LLC, SAFEGUARD REALTY MGNT,


INC., GRAHAM JONES, and BENJAMIN SOPKIN

MARIA COLLADO, MARINO LALANE, JOSE COLLADO, DELMIRA


BAEZ, and CARMEN LOPEZ

(b) County of Residence of FirstListed Plaintiff


Aa a

*M

Kings County, New York

County of Residence of FirstListed Defendant

CV16-

IN LAND CONDEMNATION CASES. USE THE LOCATION OF

NOTE:

THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

O
ir-'CO'

BROOKLYN LEGAL SERVICES CORP. A, 260 BROADWAY, 2nd

r^rri:~-

FLOOR, NY 11211, (718)487-2300

III. CITIZENSHIP OF PRINCIPAL PART|EJSr>//i "JEto One t^Mfiaintiff

II. BASIS OF JURISDICTION (Place an"X" inOne Box Only)

(For Diversity Cases Only)


O

2> 3

U.S. Government

Federal Question
(U.S. GovernmentNot a Parly)

Plaintiff

G 2

Citizen of This Siaic

O C'; andOneBoxforDdfemfani)

PTF

DEF

-V^r,

&

PTF^'/^DEF

fa I

& 1 IncorporatedorPrincipal Place*

& 4- fa4

ofBusincsSlnThis StateQj

GLASSER, J.

O 4

U.S. Government

Diversity
(Indicate Citizenship ofParties in Item111)

Defendant

Kings County, New York

(IN U.S. PLA/NTJFF CASES ONLY)

VCEPT1N U.S^PLAINHFF CASES)


JSXCEPT1N

Citizen of Another State

Incorporated and Principal flacc

as

as

of Business In Another Sttfc


Citizen or Subject of a

BLOOM. M.J.

O 3

Foreign Nation

Foreign Country

rV. NATURE OF SUIT (Place an"X" inOne Box Only)


|^jffisgtfipffly|iB^p(c^ti^sffiifM fr^s^jtoife^i!]s^
a

110 Insurance

120 Marine

K^cnuaBBramEmEasmaa^ EKS33B"AiP?KRIIKWKKSll3^ ^S^a95imE|RtS!Ea^iEESK^I

G 310 Airplane
G 315 Airplane Product
Liability

O 130 Miller Act

3 365 Personal Injury Product Liability

a 140 Negotiable Instrument


O 150 Recovery of Overpayment G 320 Assault, Libel &
Slander
& Enforcement of Judgment
G 330 Federal Employers'
O 151 Medicare Act
Liability
O 152 Recovery of Defaulted
Student Loans

of Veteran's Benefits

160 Stockholders' Suits


190 Other Contract

410 Antitrust

430 Banks and Banking

450 Commerce

460 Deportation

470 Racketeer Influenced and

480 Consumer Credit

368 Asbestos Personal

O 371 Truth in Lending

Injury
G 362 Personal Injury
Medical Malpractice

Act

G 720 Labor/Managcmcnl
Relations

Property Damage
G 385 Property Damage
Product Liability

O 245 Tort Product Liability


O 290 All Other Real Property

Accommodations
O 530 General
G 445 Amcr. w/Disabilitics - G 535 Death Penalty

G 740 Railway Labor Act


~1 751 Family and Medical

446 Amer. w/Disabilities G

555 Prison Condition

560 Civil Detainee -

850 Securities/Commodities/

O 865 RSI (405(g))

Exchange
890 Other Statutory Actions
891 Agricultural Acts

893 Environmental Matters

895 Freedom of Information

896 Arbitration

899 Administrative Procedure

Act/Review or Appeal of
Agency Decision
950 Constitutionality of

^REDMe$ME?0gS]IIItl(^gg

O 870 Taxes (U.S. Plaintiff


or Defendant)
O 871 IRSThird Party

Act

EE13S}BlMIGRAiIIOMS2Slii

Other:
540 Mandamus & Other

490 Cable/Sat TV

26 USC 7609

State Statutes

G 462 Naturalization Application


G 465 Other Immigration

O 550 Civil Rights

Other

G 448 Education

0
o

864 SSID Title XVI

Leave Act

Sentence

Employment

O 861 HIA (139511)


G 862 Black Lung (923)
O 863 DIWC/DIWW (405(g))
O

G 790 Other Labor Litigation


lEES^EHtfaRQBERmSEES! P^dKIE1KH3HtFSiIgii S3ERISONERiBETlirjONSU O 791 Employee Retirement
Income Security Act
O 440 Other Civil Rights
a 210 Land Condemnation
Habeas Corpus:
G 441 Voting
G 463 Alien Detainee
a 220 Foreclosure
G 442 Employment
G 510 Molions to Vacate
O 230 Rent Lease & Ejectment

$f 443 Housing/

Corrupt Organizations

Bissi,^iSS*^lSSBOre^PS^^SeI EssnsociiaiiSEBimiiiiKBiiMffl

370 Other Fraud

G 240 Torts to Land

830 Patent

O 840 Trademark

O 380 Other Personal

360 Other Personal

376 Qui Tarn (31 USC


3729(a))
400 State Reapportionment

O 820 Copyrights

O 350 Motor Vehicle

375 False Claims Act

gSBROPJSR!FKRIGHTSPs1SS o

O 355 Motor Vehicle

G 195 Contract Product Liability

O 423 Withdrawal
28 USC 157

Personal Injury
Product Liability

PERSONAL PROPERTY G 710 Fair Labor Standards

Product Liability

196 Franchise

G 690 Other

O 422 Appeal 28 USC 158

Pharmaceutical

Injury Product
Liability

Liability

O 153 Recovery of Overpayment

G 625 Drug Related Seizure


of Properly 21 USC 881

O 367 Health Care/

O 340 Marine
G 345 Marine Product

(Excludes Veterans)

PERSONAL INJURY

PERSONAL INJURY

Actions

Conditions of
Confinement

V. ORIGIN (Place an "X" inOne Box Only)

X1

Original

O 2 Removed from

Proceeding

State Court

Remanded from

O 4 Reinstated or

Appellate Court

Reopened

5 Transferred from
Another District

Multidistrict

G 8 Multidistrict

Litigation -

Litigation -

Transfer
(specify-)
Cite the U.S. Civil Statute under which you arc filing (Do not die jurisdictionalstatutesunlessdiversity):

Direct File

Fair Housing Act 42 U.S.C. 3601, et seq.

VI. CAUSE OF ACTION Brief description of cause:

Failure to provide reasonable accomodation in eliminating elevator services

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

CHECK YES only if demanded in complaint:

DEMAND S

UNDER RULE 23, F.R.Cv.P.

COMPLAINT:

JURY DEMAND:

VIII. RELATED CASE(S)


(See insinuations):

IF ANY

DOCKET NUMBER

JUDGE

SIGNATURE OF ATTORNKr' <

DATE

12/29/2016
FOR OFFICE USE ONLY
RECEIPTS

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

O Yes

&CNo

Case 1:16-cv-07173-ILG-LB Document 1-1 Filed 12/30/16 Page 2 of 2 PageID #: 13


CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.

I,

L4VM 1Xx

, counsel for W \(A\*WVrCJ

do hereby certify that the above captioned civil action is

ineligible for compulsory arbitration for theVollowing reason(s):

monetary damages sought are in excess of$150,000, exclusive of interest and costs,

[x]

the complaint seeks injunctive relief,

the matter is otherwise ineligible for the following reason


DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that "A civil case is "related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving ofjudicial resources is likely to result from assigning both cases to the

samejudge and magistratejudge." Rule 50.3.1 (b) provides that" A civil case shall not be deemed "related" to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that "Presumptively, and subject to the power
of a judge to determineotherwise pursuantto paragraph(d), civil cases shall not be deemedto be "related" unless both cases are still pendingbeforethe
court."

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.)

Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk

County:
2.)

ftp

If you answered "no" above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk

County?

(sjQ

b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern

District?

\k<%

If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
SuffolkCounty, or, in an interpleader action, does the claimant(or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?

(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION

I am currentlyadmitted in the Eastern District of New York and currently a memberin good standing of the bar of this court.

Yes

No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?

|~|

Yes

(Ifyes, please explain)

I certify the accuracy oall information provided above.

[x]

No