2020 11:52 am
TRANSCRIPT
SUPREME COURT OF THE ST ATE OF NEW YORK
COUNTY OF NEW YORI(
X Index No. 153882/2013
RUTH RIVERA,
Plaintiff,
- against -
THE CITY OF NEW YORK, CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC.,
123 WILLIAM LLC AND THE CHETRIT GROUP, LLC
and P & TII CONTRACTING CORP.,
Defendants.
NOTICE OF EXPERT
WITNESS EXCHANGE
PURSUANT TO
CPLR 3101(d)
x
THE CITY OF NEW YORK,
Third-Party Plaintiffs,
-against-
P & TII CONTRACTING CORP.,
Third-Party Defendant
x
THE CITY OF NEW YORK,
Second Third-Party Plaintiffs,
-against-
AMMANN & WHITNEY CONSULTING ENGINEERS, p.c.
Second Third-Party Defendant.
x
Defendant/Third-Party Defendant, P & T II CONTRACTING CORP., by their attorneys,
O'CONNOR, O'CONNOR, HINTZ & DEVENEY, as and for their expert witness response
prirsuant to the CPLR 3101(d) hereinafter set forth as follows:
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1. The Defendant/Third-Party Defendant P & T II CONTRACTING CORP. ("P&T")
expects to call Richard Khorigan, P.E., a professional engineer with Robson Forensic, 340 Willis
Avenue, Mineola, New York 11501, as an expert witness at the time of trial.
2. The facts and opinions upon which Mr. Khorigan is expected to testify are based
upon his review of the testimony, photographs, construction plans and records and his site
inspection of January 30, 2019, including his measurements
3. The grounds for Mr. Khorigan's opinions come from his education, training and
experience in the field of engineering and his review of the testimony, photographs, construction
plans and records and his site inspection.
4. Mr. Khorigan's qualifications are set forth in his curriculum vitae, a copy of which
is annexed hereto as Exhibit "A"
5. More specifically, the subject matter upon which Mr. Khorigan is presently
expected to testify includes his opinion that there was no dangerous or defective condition present
on August 29, 2012, on or aborit the public sidewalk and/or associated with the manhole cover or
casttng rtng, located in front of the premises located 123 Williams Street, New York, New York.
Further, Mr. Khorigan is expected to testify that there was no dangerous or defective condition
referable to P&T's work performed prior to August 29, 2012 at the aforesaid location. Mr.
Khorigan will also dispute the findings made by plaintiff's expert witness, Nicholas Belizzi, P.E.,
as summarized in Mr. Belizzi's affidavit, dated September 8, 2017, and in plaintiff's expert witness
exchange, dated April 4, 2017,
6. Mr. Khorigan will also testify that the manhole depicted in the photos exchanged
by plaintiff, which were allegedly taken by her attorney approximately one day after the accident
date, are not capable of providing an accurate measurement of the elevation difference
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contemporaneous with the accident date. Mr. Khorigan will testify that he disagrees that the photo
provided by plaintiffs expert (with tape measurements) depicts a dangerous elevation. Rather, he
will testify that the manner in which the alleged condition was measured is defective, since the
measuring tape does not go straight up vertically. The measuring tape clearly forms a "wave"
because it extends vertically from the ground and then shifts horizontally over the manhole cover
ring, before returrung to a vertical position, so it provides a completely false and misleading
impression that the elevation is in excess of one inch.
7. Moreover, Mr. Khorigan will testify that, since Mr. Belizzi's measurement was
done almost three years post-accident, it is unknown whether the same exact manhole was
inspected, but even if it was, it is unknown if it was inthe same exact condition when the inspection
was done compared to its condition at the time of the alleged accident. Mr. Khorigan will also
testify that it is completely unknown whether the subject manhole cover was still present at the
time of Mr. Belizzi's inspection, because it could have been interchanged with any one of the other
three nearby manhole covers or another cover.
8. Mr. Khorigan will further testify that his own measurements, which are depicted in
his own photographs taken during his own inspection, color copies of which are attached as Exhibit
"B" show an elevation between the ground and the top of the outer ring of approximately one
eighth of an inch, which does not pose a hazard,
9. Moreover, he will testify that, since P&T was only responsible for installation of
the outer ring, its work did not result in a dangerous condition under any scenario, and that it was
the sole responsibility of co-defendant CONSOLIDATED EDISON COMPANY OF NEW YORK,
INC. to ensure that its manhole cover was in a safe condition and properly installed, so even
assuming, arguendo, that the manhole cover itself was raised and posed a dangerous condition,
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the ring was properly installed by P&T, and P&T was not responsible for any condition underneath
the cover, which may have caused any alleged elevation condition.
Date: Melville, New York
January 8, 2020
O'CONNOR, O'CONNOR, HINTZ & DEVENEY, LLP
By: IRA E. GOLDSTEIN, ESQ.
Attorneys for Defendant/
Third-Party Defendant
P & TII CONTRACTING CORP.
One Huntington Quadrangle, Suite ICIO
Melville, New York 11747
Tel: (631) 777-2330
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TO:
LIPSIG, SHAPEY, MANUS & MOVERMAN, p.c.Attorney for Plaintiff
RUTH RIVERA
40 Fulton Street
New York, New York 10038
Tel: 212-285-3300
ZACHARY W. CARTER
CORPORATION COUNCIL
Attorneys for Defendant/Third Party Plaintiff
Second Third-Party Plaintiff
CITY OF NEW YORK
100 Church Street
New York, New York 10007
Tel: 212-788-0303
NADINE RIVELLESE
Attorneys for Defendant
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
4 Irving Place
New York, New York 10003
Tel: 212-460-3355
CART AF ALSA , SLATTERY,
TURPIN & LENOFF
Attorneys for Defendants
123 WILLIAM LLC and
THE CHETRIT GROUP, LLC
165 Broadway, 28'h Floor
New York, New York 10006
Tel: 212-225-7700
Out on Summary Judgment
HANNUM FERETIC PREDERCAST &
MERLINO, LLC
Attorney for Second Third-Party Defendant,
AMMANN & WHITNEY CONSULTING
ENGINEERS, p,c.55 Broadway, Suite 202
New York, New York 10006
(212) 530-3900
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Exhibit "A"
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THE EXPERTS
Robsoib roreiisicRICHARD J. KHORIGAN, P.E.
C:ivil Engineer
PROFESSIONAL EXPERIENCE
2017 to
present
Robson Forensicl Inc.Associate
Provide technical investigations, analysis, reports, and testimony toward the resolution of
commercial and personal injury litigation involving highway and bridge construction,
construction management, construction safety, work zone traffic control, staged
construction, design and construction of temporary structures, layout and management of
crane and rigging operations, bridge demolition, steel erection, structural concrete
construction, concrete formwork, concrete and asphalt paving, and failure analysis in the
heavy and highway/bridge construction industries.
2015 to
present
EI Sol Contractlng & Construction Corp.
Project Manager
MTA Bridges & Tunnels- Contract #RK-65A
Bronx Plaza/ Structure Rehabi!itation At The RFK Bridge
Bronx, New York Contract Amount $225 million
2013 to
2014
Halmar Internatlonal
Estimator
Responsibilities included estimating and project management
1991 to
2013
DeFoe Corp.
Estimator 6/91-9/13
Responsibilities included cost estimating, arranging and obtaining subcontractor quotations,
and design of temporary structures for NYSDOT, NYCDOT, NJDOT, and New Jersey
Turnpike projects ranging from $5-250+ million
5/95-12/12Project Manager/Superintendent
New York State Department of Transportation Contract #D260072,
Gowanus Expressway - Emergency Repair of Route 1-278 Viaduct
Brooklyn, New York, Contract Amount $150 million
New York State Department of Transportation Contract #D257989,
Long Island Expressway Capacity Improvements - Exits 32 - 36, Nassau, New York
Contract Amount - $48 million (7/99 - 2/01).
New York State Department of Transportation Contract #D258652,
Long Island Expwy./Clearview Expwy. Interchange Improvements - Queens, New York,
Contract Amount - $33 million (6/01 - 9/03)
New York State Department of Transportation Contract #D256442,
Reconstruction of Prospect/Gowanus Expressways - Brooklyn, New York,
Contract Amount - $85 million (7/95 - 11/98)
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RobSOtl roitimie
RICHARD J. KHORIGAN, P.E.Civil Engineer
New York State Department of Transportation Contract #D259530,
Gowanus Expressway - Emergency Repair of Route 1-278 Viaduct
Brooklyn, New York, Contract Amount $28 million (7/04 - 11/06)
The Port Authority of New York and New Jersey Contract #WTC-404.161,
World Trade Center - Vesey Street Walkway Improvements - Manhattan, New York,
Contract Amount - $2 million (9/03 - 7/04)
Responsibilities included direct supervision of labor activities, computerized project
scheduling, calculating quantities for payment, calculating job costs, ordering material, shop
drawing submittals, coordination of subcontractors, overseeing safety concerns on site,
representing company at project progress meetings, negotiating contract item overruns and
force account work.
Project Schedu/ing
Developed and maintained detailed, computerized CPM schedules using Primavera Project
Planner (P3 and P6) for the following projects:
Trumbull Street Viaduct - N.J. Turnpike Authority, Contract #W-6102, Contract Amount - $7
million
Rehabilitation of Brooklyn Bridge Ramp 'D' - New York State Dept. of Transportation,
Contract #D254990, Contract Amount - $8 million
Rehabilitation of On/Off Ramps - Throgs Neck Bridge - MTA Bridges & Tunnels,
Contract #TN-34, Contract Amount - $'l3 million
Reconstruction of Prospect/Gowanus Expressways - New York State Dept. of
Transportation, Contract #D256442, Contract Amount - $85 million
Long Island Expressway Capacity Improvements - New York State Dept. of Transportation,
Contract #D257989, Contract Amount - $48 million
Long Island Expwy./Clearview Expwy. Interchange Improvements - NYSDOT,
Contract #D258652, Contract Amount - $30 million
World Trade Center - Vesey Street Walkway Improvements - PANYNJ,
Contract #WTC-404.161, Contract Amount $2 million
Gowanus Expressway Emergency Repair of Route 1-278 Viaduct - NYSDOT,
Contract #D259530, Contract Amount $28 million
Gowanus Expressway Emergency Repair of Route 1-278 Viaduct - NYSDOT,
Contract #D260072, Contract Amount $150 million
Assistant Superintendent/Project Engineer
New Jersey Turnpike Authority Contract #W-6102, Widening of Northbound & Southbound
Trumbull St. Viaducts - Elizabeth, New Jersey, Contract Amount -
$7 million (5/92 - 12/93)
New York State Department of Transportation Contract #D254603, Rehabilitation of
Kosciuszko Bridge, Brooklyn & Queens, New York, Contract Amount - $18.5 million
(12/93 - 6/95)
1 2/1 2/1 B 2 www.robsonforensic.com
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Robson FoiemicRICHARD J. KHORIGAN, P.E.
Civil Engineer
2007 to
2008
Farmlngdale State College
Adjunct Professor
Taught two bachelor level courses in Construction Estimating and Project Management.
Work involved preparing and giving weekly lectures, preparing and administering
examinations, and overall grading of students in Bachelor Level courses.
1990 to
1991
Envirodyne Engineers, Inc.
C/v/l Engineer - Leve/ //
Performed design and analysis to rehabilitate existing bridge drainage at the Triborough
Bridge and Bronx-Whitestone Bridge. Worked in preparation of contract plans and
specifications for this project. Performed survey and baseline layout for extension of three
station platforms on Metro-North Lower Hudson Line.
1987 to
1990
Petracca and Sons, Inc.
Estimator
Worked in preparation of bids for heavy construction projects. Responsibilities included
quantity take-off, estimating, arranging and obtaining subcontractor quotations, earthwork
analysis, preparation of bid packages, project scheduling, design of temporary structures,
and preparation of shop drawings using Autocad. Projects included reconstruction of Long
Island Expressway Exits 4"l-44 - NYSDOT ($48 million), construction of Nassau Expressway
- NYSDOT ($19 million), reconstruction of FDR Drive - NYCDOT ($15 million)
1980 to
1987
Motlon Picture Studio
Mechanic - Full and Part-time
Worked on production of feature films and television commercials in movie studios and on
location. Job responsibilities included: lighting, operation of camera cranes and dollies, set
construction which included working from blueprints, and rigging for motion picture lighting
and photography.
PROFESSIONAL CREDENTIALS
Registered Professional Engineer: Maine, New York
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THE EXPERT5
RobSOil rorensicRICHARD J. KHORIGAN, P.E.
Civil Engineer
EDUCATION
MBA, Master of Business Administration, St. John's University, Queens, New York, "1994
B.S., Civil Engineering, Pratt Institute, Brooklyn, New York, 1987
B.S., Physics, St. John's University, Queens, New York, 1987
Continuing Education:
OSHA 30 Hour Outreach Training for the Construction Industry
Completed Competent Person Training in Areas of Trenching/Excavation, Fall Protection,
Struck by, and Electrical
Completed OSHA 10 Hour Construction Safety and Health Training Course
PROFESSIONAL MEMBERSHIPS
American Society of Civil Engineers
12/1 2/1 B 4 www.robsonforensic.com
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Ex:hibit '&B"
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;l,'a 1,1. I
i .fi
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2
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. * - .
d .
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AFFIDAVIT OF SERVICE-BY MAIL & E-FILE
ST ATE OF NEW YORK )
) SS.:
COUNTY OF NASSAU )
ANN VIGHI, being duly sworn, deposes and says that deponent is not a party to
this action, is over 18 years of age and resides in North Babylon, New York.
That on the I@th day of January, 2020, deponent served the within NOTICE OF
EXPERT WITNESS EXCHANGE PURSUANT TO CPLR 3101(d) upon:
LIPSIG, SHAPEY, MANUS & MOVERMAN, p.c.Attorney for Plaintiff
RUTH RIVERA
40 Fulton Street
New York, New York 10038
ZACHARY W. CARTER
CORPORATION COUNCIL
Attorneys for Defendant/Third Party Plaintiff
Second Third-Party Plaintiff
CITY OF NEW YORK
100 Church Street
New York, New York 10007
NADINE RIVELLESE
Attorneys for Defendant
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
4 Irving Place
New York, New York 10003
CART AF ALSA , SLATTERY,
TURPIN & LENOFF
Attorneys for Defendants
123 WILLIAM LLC and
THE CHETRIT GROUP, LLC
165 Broadway, 28'h Floor
New York, New York 10006
Out on Summaiy Judgment
FILED: NEW YORK COUNTY CLERK 01/10/2020 11:52 AM INDEX NO. 153882/2013
NYSCEF DOC. NO. 413 RECEIVED NYSCEF: 01/10/2020
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HANNUM FERETIC PREDERCAST &
MERLINO, LLC
Attorney for Second Third-Party Defendant,
AMMANN & WHITNEY CONSULTING
ENGINEERS, p,c.55 Broadway, Suite 202
New York, New York 10006
the attorneys for the respective parties, hereto at the address designated by them for that purpose, by
depositing a tnie copy of same enclosed in a postpaid properly addressed wrapper in an official
depository under the exclusive care and custody of the United States Post Office Department within
the State of New York.
ANN VIGHI
Sworn to before me this
I@tll day of January, 2020
Notary Public
NOTAPiY PBgmH", S"TA?:'O'F"NEW YOFIKN0. OlSA46d091l
COMMI'S'SIC')!J'j)glHE"S'NO5iBoE'A'\0, 20 .d=2
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SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOF NEWYORK
RUTH RIVERA,
- against -
Plaintiffs,
IndexNo.: 153882/2013
THECITYOFNEWYORK, CONSOLIDATED EDISONCOMPANYOF NEWYORK, INC., 123 WILLIAMLLC AND THE CHETRIT GROUP, LLC and P & T II CONTRACTING CORP.,
Defendants,
AND OTHER ACTIONS.
NOTICE OF EXPERT WITNESS EXCHANGE PURSUANT TO CPLR 3101(d)
O'CONNOR, O'CONNOR, HINTZ & DEVENEY, LLPAttorneys for Defendant/Third-Party Defendant, P & T II CONTRACTING CORP
One Huntington Quadrangle, Suite ICIOMelville,NewYork 11747-4415
(631)777-2330 Fax(631)777-2340(*No service byfax accepted.)
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts ofNew YorkState, certifies that, upon information and belief and reasonable inquiry, the contentions contained in theannexed documents are not frivolous.
Dated:
Service of a copy of the withinDated:
is hereby admitted.
Attorney(s) jor
PLEASE TAKE NOTICE
NOTICE OF That the within is a (certified) true copy of aENTRY of the within named Court on , 20
entered in the office of the clerk
NOTICE OF
SETTLEMENTThat an Order of which the within is a true copy will be presentedfor settlement tothe Hon. one of the judges of the within named Court at on
Dated: Melville, New York
O'CONNOR, O'CONNOR, HINTZ & DEVENEY, LLPOne Huntington Quadrangle, Suite ICIO
Melville,NewYork 11747-4415
(631) 777-2330
FILED: NEW YORK COUNTY CLERK 01/10/2020 11:52 AM INDEX NO. 153882/2013
NYSCEF DOC. NO. 413 RECEIVED NYSCEF: 01/10/2020
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