STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK ———X In the Matter of the Claim of ARHTUR LOMANDO, NOTICE OF CLAIM Claimant, ~ against THE NEW YORK CITY TRANSIT AUTHORITY, Respondent. x TO: THE NEW YORK CITY TRANSIT AUTHORITY care of: New York City Transit Authority, 130 Livingston Street, Brooklyn, New. York 11201: PLEASE TAKE NOTICE that the undersigned has a claim and hereby makes a claim against the New York City Transit Authority for personal injuries, medical expenses, and damages generally sustained by him and in support thereof, the claimant states as follows, all upon information and belief: 1. The Post Office Address of the Claimant is 11 Debron Court, Centereach, NY 11720. 2. The name and address of the Attorney for the Claimant is ANDREW F. PLASSE & ASSOCIATES, LLC, 163-07 Depot Road, Suite 205, Flushing, NY 11358. ‘Telephone No.: (212) 695-5811. Fax [212] 402-7737. 3. The Claim of Arthur Lomando was sustained through the alleged negligence and tortuous conduct of the New York City Transit Authority and is hereinafter set forth as follows:4. The date and time when the incident occurred was on October 22, 2015 at approximately 4:30 p.m. The Place where said incident occurred was at the 168" Street and Broadway Subway Station, A Train platform downtown and A Train tracks heading downtown, New York, NY. At the time of the incident the Claimant was heading to Penn Station 6. The Claimant was heading downtown during rush hour. That the train station platform involved herein was known to the Transit Authority as having overerowded conditions, crowded stairwells and exits, and during the time immediately prior to the incident, there was many people on the platform. 7. The Claimant fell from the platform onto the tracks, due to the overcrowded conditions, after being jostled by other passengers, and/or due to the slippery conditions of the platform, which contained slippery substances and debris on the platform, and/or was struck by falling debris on the platform which caused him to fall, and/or trip and fell on a defective platform, containing cracks, with the result that he fell onto the tracks. 8. As the claimant lay on the tracks, abutting the subway platform, the train operator, in the exercise of reasonable care, had not approached the station yet, and should have been able to observe the claimant and stopped the train before striking the claimant and said failure to stop constitutes negligence, 9. That by reason of the foregoing, Claimant Arthur Lomando was caused to be injured. 10. That the foregoing accident and the resulting injuries to the Claimant was caused solely by reason of the negligence, carelessness, and recklessness of the respondent, without any negligence of the Claimant contributing thereto; respondent wasnegligent in the ownership, operation, maintenance, supervision and repair of the aforesaid premises; in causing the claimant to sustain personal injuries; that the respondent failed to repair the premises; that the respondent knew or reasonably should have known of the crowded conditions on the platform and failed to remedy the situation or taken steps to remedy same; that the respondent had notice, actual and or constructive, that its premises were in a dangerous and defective condition, that respondent maintained the aforesaid crowded contusion so that it constituted a nuisance and a trap and a menace to the safety of members of the general public of which plaintiff was a member; in failing to give any warnings or notice of the crowded conditions, and of the dangers listed aforesaid and the existence of the improper conditions thereof; in failure to remedy the conditions complained of above; that the train operator was aware of a man on the tracks at the 168" Street Station and failed to timely brake the train, and said failure constituted negligence; that the respondent’s conduct was grossly negligent, reckless and or negligent, 11. That by reason of the foregoing, claimant was stuck by the A Train and sustained severe personal injuries, including a skull fracture on left side of his head, resulting in memory loss, amputation of both legs below the knees and other personal injuries and was treated at both Harlem and Bellevue Hospitals. 12. That by reason of the foregoing, the Claimant Arthur Lomando, sustained severe personal injuries, was rendered sick, sore, lame, and disabled, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are permanent n nature and duration, and the Claimant will be permanently cause to suffer pain, inconvenience, and other effects of such injuries; theClaimant incurred, and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and the Claimant has been and continues to be unable to pursue his usual duties with the same degree of efficiency as, prior to the accident, all to the Claimant’s great damage. 13. That by reason of the foregoing, the Claimant has been damaged in the amount of FIFTY MILLION ($50,000,000.00) DOLLARS. WHEREFORE Claimant presents this Claim for FIFTY MILLION ($50,000,000.00) DOLLARS and claimant demands adjustment and payment and notifies you that unless adjusted and paid within thirty (30) days from the date of this presentation, itis the intention of the undersigned to commence an action thereon in the amount of FIFTY MILLION ($50,000,000.00) DOLLARS. DATED: January 19, 2016 New York, New York aiiaiaas ARHTUR LOMANDO ANDREW F. PLASSE & ASSOCIATES LLC. Attorney for the Claimant Office and P.O. Address 163-07 Depot Road, Suite 205 Flushing, NY 11358 (212) 695-5811 STATE OF NEW YORK) COUNTY OF NEW YORK.) ss.: 1, ANDREW F. PLASSE, hereby make this Affirmation pursuant to CPLR Section 2106, under penalty of perjury: I am an attorney duly admitted to practice law in the State of New York and the attomey of records for the Claimant in the within act I have read the foregoing Notice of Claim and I know the contents thereof; the same is true to my own knowledge except as to those matters stated to be alleged upon information and belief, and as to those matters I believe them to be true. ‘The reason why thisverification is made by me and not by the claimant is because he resides in a county outside of the principal place of business of my office in Queens, more particularly is incarcerated in New Jersey. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Review of his records maintained by my office in the ordinary course of business AND interview with the Claimant. DATED: January 19, 2016 ‘New York, New York