FILED: NEW YORK COUNTY CLERK 09/26/ :01 PM INDEX NO /2016 NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 09/26/2019

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

---x

IN RE:

NEW YORK

CITY

ASBESTOS

LITIGATION

NYCAL

---x

This Document Applies To: Index #: 190293/2016

VINCENT

_ASCIONE, JR. (deceased)

---x

DEFENDANT TISHMAN REALTY AND CONSTRUCTION

_CO., INC. n/k/a

TTV REALTY _HOLDINGS,

INC.'S

EXPERT WITNESS

LIST

Defendant

TISHMAN REALTY AND CONSTRUCTION

_CO., INC. n/k/a

TTV

REALTY HOLDINGS,

^INC. ("TRCC"), by counsel, in accordance with the discovery timeline,

reserves its rights to:

1. Call at trial, any expert designated by any party in the

New

York City Asbestos Litigation

or by the Port Authority of

New

York and

New

_Jersey ("Port Authority") or by United States Mineral Products Company or by any party in the case of Port Authority v. Allied Corp.;

2. Call at trial expert witnesses designated by the defendants'

Joint Medical Defense Group;

3. Call at trial additional expert witnesses and/or company witnesses whose testimony

cannot be reasonably anticipated at this time;

4. Call at trial each and every physician, nurse, medical technician, therapist or health care

provider that has treated or examined plaintiff's decedent for conditions related to his pulmonary

function, general health, alleged exposure to asbestos containing products, life expectancy, and

or any diagnostic procedures related to the claimed injury or any past injuries that are reasonably related to plaintiff's decedent's alleged diagnosis;

5. Serve supplemental expert reports as discovery is ongoing;

6. Disclose any additional experts which may be needed to rebut any other expert opinions

of the parties or expert opinions of other parties not known as of the time of this disclosure;

7. To adopt the expert disclosures of the other defendants; and

8. To rely upon any expert called to testify or listed by any co-defendant in these cases.

Dated: September 26, 2019 Brooklyn,

New

York

Respectfully Submitted,

Heidi C. Baker, Esq.

McMAHON, MARTINE & _GALLAGHER,

LLP

Attorneys for

TISHMAN REALTY & CONSTRUCTION

_CO., INC.

n/k/a

TTV REALTY HOLDINGS,

^INC.

55 Washington Street, Suite 720

Brooklyn,

New

York 11201

(212) 747-1230

TO: Belluck

&

_Fox, LLP Attorneys for Plaintiff(s) 546 Fifth Avenue

New

_York,

New

York 10036

ALL COUNSEL OF RECORD

via

NYSCEF

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

---x

IN RE:

NEW YORK

CITY

ASBESTOS

LITIGATION

NYCAL

---x

This Document Applies To: Index #: 190293/2016

VINCENT

_ASCIONE, JR. (deceased)

---x

DEFENDANT TISHMAN REALTY AND CONSTRUCTION

_CO., INC. n/k/a

TTV REALTY _HOLDINGS,

INC.'S

FACT WITNESS

LIST

Defendant

TISHMAN REALTY AND CONSTRUCTION

_CO., INC. n/k/a

TTV

REALTY HOLDINGS,

^INC. ("TRCC"), by counsel, in accordance with the discovery timeline, submits the following list of witnesses to be presented by it at the trial of these actions.

Defendant

TRCC

reserves its rights to call live or by deposition or other transcript any of the witnesses listed below, as well as any of the witnesses listed by any other party in these actions.

By

listing or referring to any witness, this Defendant does not thereby admit

competency, admissibility, validity or content. This defendant does not waive and expressly reserves all objections.

Defendant

TRCC may

^{call the} following witnesses live or by prior recorded testimony:

1. Joseph DeMarinis;

2. James Endler;

3. Donald Herbstman;

4. Rino Monti (deceased, by deposition);

5. Walter Schleif;

6. Joseph Solomon;

7. Frank

8. Guy Tozzoli;

9. James P. Verhalen;

10. Francis H. Werneke;

11. Any and all custodians of documents and/or records that

may

^{be offered} as exhibits

during the trial of this action;

12. Any fact witness listed by any party in the

New

York City Asbestos Litigation (NYCAL)

or by the Port Authority of

New

York and

New

_Jersey ("Port Authority") or by United States Mineral Products Company or by any party in the case of Port Authority v. Allied Corp.91 Civ.

0310 (S.D.N.Y);

13.

Any

^{fact witness whose deposition} is designated by any party in the

NYCAL

_{or by any}

party in the case of Port Authority v. Allied Corp.;

14. Any and all witnesses listed by any party, including, but not limited to any and all witnesses produced live or by previously recorded testimony, listed or called by Port Authority, Mario

&

DiBono and/or Alcoa, for the purpose of impeachment, rebuttal, or any other purpose the law allows;

15. All witnesses, designated by Weitz

&

Luxenberg's plaintiff(s) comprising that Firm's April 2014 In Extremis trial cluster;

16. All witnesses designated by any defendant and/or third party defendant in any of the

cases comprising the Weitz

&

_Luxenberg

NYCAL

April 2014 In Extremis trial cluster even if said party has been dismissed from this or any other action in said trial cluster;

17. Any and all family members, friends, or other witnesses disclosed by plaintiff or

otherwise revealed in discovery to be conducted;

18. All co-workers and/or supervisors of each plaintiff;

19. Any physicians, medical practitioners, or other health care providers who have examined

or treated the plaintiff(s), or examined the plaintiff(s)'

x-rays, tissue slides or biopsy materials taken from plaintiff(s);

20.

Any

^{fact witness listed in the answers} to interrogatories or otherwise identified by any

other party;

21. Any fact witness whose deposition appears in any of the defendant's depositions

designations, whether or not such party is still a party at the time of trial;

22. Any fact witness deposed in these cases and any expert and/or fact witness identified by

any other party;

23.

Any

^employers of plaintiff(s);

24. All records custodians of plaintiff(s)'

places of employment, union or job site; and 25. Any person whose deposition has been taken in any of these cases.

PLEASE TAKE

_NOTICE, that

TRCC

reserves its right:

1. To amend or supplement this list of witnesses up to and including the time of trial;

2. To call witnesses named in the other party's witness lists, Answers to Interrogatories, or in depositions; and

3. To present testimony through deposition of any witness listed above

whom

is not available to testify.

TRCC

objects to the use of any deposition testimony against it at trial wherein

TRCC

did not have proper notice and an opportunity to cross-examine the deponent. Should the Court permit the use of such deposition testimony,

TRCC

reserves the right to introduce any or all of

the testimony from the depositions listed on the plaintiff(s)'

witness list, if the plaintiff does not

do so.

Dated: September 26, 2019 Brooklyn,

New

York

Respectfully Submitted,

Heidi C. Baker, Esq.

McMAHON, MARTINE & _GALLAGHER,

LLP

Attorneys for

TISHMAN REALTY & CONSTRUCTION

_CO., INC.

n/k/a

TTV REALTY HOLDINGS,

^1NC.

55 Washington Street, Suite 720

Brooklyn,

New

York 11201

(212) 747-1230

TO: Belluck

&

_Fox, LLP Attorneys for Plaintiff(s) 546 Fifth Avenue

New

_York,

New

York 10036

ALL COUNSEL OF RECORD

via

NYSCEF

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

--- ---x

IN RE:

NEW YORK

CITY

ASBESTOS

LITIGATION

NYCAL

---x

This Document Applies To: Index #: 190293/2016

V1NCENT

_ASCIONE, JR. (deceased)

---x

DEFENDANT TISHMAN REALTY AND CONSTRUCTION

_CO., INC. n/k/a

TTV REALTY _HOLDINGS,

INC.'S

EXHIBIT

LIST

Defendant

TISHMAN REALTY AND CONSTRUCTION

_CO., INC. n/k/a

TTV

REALTY HOLDINGS,

^INC. ("TRCC"), by counsel, in accordance with the discovery

timeline, submits the following list of exhibits to be presented by it at the trial of these actions.

Defendant

TRCC may

^{introduce the} following exhibits:

1. Any and all documents produced by

TRCC

in these cases and/or in the

New

York City

Asbestos Litigation;

2. Any and all exhibits produced by the Port Authority of

New

York and

New

_Jersey

("Port Authority") or by United States Mineral Products Company or by

TRCC

in the case of Port Authority v. Allied Corp.91 Civ. 0310 (S.D.N.Y);

3.

Any

^and all documents produced or disclosed by Port Authority, in the present action or

any past action, including but not limited to, documents, photographs, diagrams,

specifications, invoices, sales records, contracts, pertaining to the original construction

of the World Trade Center, during the relevant time period;

4. Any and all documents produced or disclosed by Mario

&

_DiBono, in the present action or any past action, including but not limited to, documents, photographs, diagrams,

specifications, invoices, sales records, contracts, pertaining to the original construction

of the World Trade Center, during the relevant time period;

5. Any and all documents produced or disclosed by U.S. Mineral, in the present action or

any past action, including but not limited to, documents, photographs, diagrams,

specifications, invoices, sales records, contracts, pertaining to the original construction

of the World Trade Center, during the relevant time period;

6. Any and all

NYC

_{Building Codes,} Industrial Codes, Rules or Regulations relevant to

and in effect during the times at issue;

7. The complete trial transcript and any and all exhibits introduced at the consolidated trial

of the following

NYCAL

matters: (i) Debra Terry, as Administratrix for the Estate of Carl M. Terry and Debra Terry, Individually, Index No. 190403/2012; (ii) Phyllis

Brown, as Administratrix for the Estate of Harry E. Brown, and Phyllis Brown,

Individually, Index No. 190415/2012; and (iii) Mary Ann McCloskey, as Administratrix

for the Estate of Patrick McCloskey and Mary Ann McCloskey, Individually, Index No.

190441/2012;

8. Plaintiff's decedent's medical records;

9. Any document and/or exhibit necessary to authenticate other documents;

10. Any document and/or exhibit necessary for rebuttal;

11. All discovery responses served by other defendants or prior defendants who are now in

bankruptcy;

12. Discovery deposition of plaintiff's decedent;

13. All fact witness, co-workers, and employers'

depositions taken or yet to be taken;

14. All depositions of doctors, other medical professionals, or experts taken or yet to be

taken;

15. Plaintiff's decedent's social security and other employment records;

16. All documents relied upon by any expert in this matter;

17. Curriculum vitae of each expert witness;

18 All documents identified by any other party to this action;

19. Settlement agreements and/or orders of dismissal of defendants that have either settled

with each individual trial plaintiff or decedent, as applicable, or who have been

dismissed;

20 Any and all documents and notices of claim and any other filing seeking recovery from

any bankruptcy estate.

PLEASE TAKE

_NOTICE, that

TRCC

reserves the right to introduce any exhibits listed

on any plaintiff's list of exhibits or any exhibits listed by any defendant/third-party defendant.

PLEASE TAKE FURTHER NOTICE

that

TRCC

reserves the right to supplement its

list of exhibits up to and including the time of trial.

Dated: September 26, 2019 Brooklyn,

New

York

Respectfully Submitted,

Heidi C. Baker, Esq.

McMAHON, MARTINE & _GALLAGHER,

LLP

Attorneys for

TISHMAN REALTY & CONSTRUCTION

_CO., INC.

n/k/a

TTV REALTY HOLDINGS,

^INC.

55 Washington Street, Suite 720

Brooklyn,

New

York 11201

747-1230

TO: Belluck

&

_Fox, LLP Attorneys for Plaintiff(s) 546 Fifth Avenue

New

_York,

New

York 10036

ALL COUNSEL OF RECORD

via

NYSCEF