FILED: BRONX COUNTY CLERK 03/13/ :05 PM INDEX NO /2016E NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/13/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X MICHAEL ABLACK, : Plaintiff, -against- : : Index No.: 26655/2016E BUANNO TRANSPORTATION CO., PATRICK. MEADE, CYNTHIA CHECO AND SHIELA ACOSTA, EXPERT DISCLOSURE WITNESS : Defendants X PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Section 3101, that the defendants, by and through their attorneys, DONOHUE LAW FIRM, P.C., as and for their expert witness disclosure set forth the following: Defendants intend to call MARC J. KATZMAN, MD. D.A.B.R., to testify as an expert at the time of trial. MARC J. KATZMAN, MD. D.A.B.R., maintains an office at 22 WOODLAND PLACE, GREAT NECK, NY MARC J. KATZMAN, MD. D.A.B.R.'s qualifications are set forth in the attached curriculum vitae. MARC J. KATZMAN, MD. D.A.B.R. will testify in accordance with the observations and opinions with regards to his examination of diagnostic films of the plaintiff MICHAEL ABLACK, conducted on DECEMBER 21, 2017, and set forth in his report attached hereto, his review of the plaintiff's medical and hospital treatment records, and the bill of particulars, as well as based upon his training and experience. Said expert will testify with respect to the Plaintiff s injuries, the 1 of 13

2 relationship of said injuries to any acts of negligence, malpractice and fault, and said expert will further testify regarding permanency, causation and prognosis. PLEASE TAKE FURTHER NOTICE that the responding defendants reserve the right to supplement and amend the foregoing up to and including the time of trial. Dated: New York, New York March 13, 2018 BY: Itobert D. Donohue DONOHUE LAW FIRM, P.C. Attorneys for Defendants in Actions TRANSPORTATION COMPANY INC., and PATRICK MEADE 5th 745 Avenue - 5th 5 FlOOr New York, NY (212) To: STEVEN ADAM RUBIN & ASSOCIATES, PLLC Attorneys for Plaintiff Action No. 1 MICHAEL ABLACK 23rd 71 West Street, Suite 1623 New York, NY (212) File No.: O' O'CONNOR McGUINESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant Action No. 1 SHIELA ACOSTA One Barker Avenue, Suite 675 White Plains, New York JOHN P. CONNORS, JR CONNORS & CONNORS, P.C. Attorney for Defendant Action No.1 CYNTHIA CHECO 766 Castleton Avenue Staten Island, NY of 13

3 FILED: BRONX COUNTY CLERK 03/13/ :05 PM. INDEX NO /2016E WEISS AND AKERMAN, P.C. Attorneys for Plaintiff Action No. 2 CYNTHIA CHECO 11 Broadway, Suite 968 New York, NY (212) File No.: 07/09/16-CH 3 of 13

4 MarcJ. Katzman MD Diplomate of the American Board of Board Certified in Neuroradiology Radiology CLAIMANT NAME: Michael Ablack CLAIMANT D.O.B: 10/02/1975 CLAIM NUMBER: DATE OF INJURY: 07/09/2016 MN#: MedSource National 591 Stewart Avenue Suite 600 Garden City, NY December 21, 2017 To Whom It May Concern: Pursuant to your request, I performed an independent radiological interpretation on 12/21/2017 on the following radiological imaging study on the above-named claimant: MRI Right Knee 07/27/2016 Bronx Medical Diagnostic [Bronx, NY) My findings are as follows: The MRI of the right knee performed on 07/27/2016 reveals no evidence of recent fracture or dislocation. The bone marrow signal is within normal limits. There is no bone marrow edema or contusion. There is no osteochondral lesion. The articular cartilage is intact in all three compartments. There is no chondromalacia patella. There is lateral patellar tilt. The lateral meniscus is intact. There is a radial tear involving the posterior horn of the medial meniscus without focal tear or articular surface disruption. The anterior and posterior cruciate ligaments are intact. The medial and lateral collateral ligaments are intact. There is no evidence of posterolateral corner injury. There is no evidence of patellar subluxation injury. The patellar retinaculum is intact. The quadriceps and patellar tendons are intact. There is a mild joint effusion without hemarthrosis. There is no intra-articular loose body. The prepatellar soft tissues are within normal limits. In conclusion, the MRI of the right knee performed on 07/27/2016 reveals a recent radial tear of the medial meniscus with a mild joint effusion. I, Marc Katzman, being a physician duly licensed to practice medicine in the State of New York pursuant to CPLR Section 2106, hereby affirm under the penalty of perjury that the information contained within this document was prepared and is the work product of the undersigned and that the statements contained herein are true and accurate to the best of my knowledge and information. Sincerely, Marc J. Katzman, MD D.A.B.R. CAQ Neuroradiology New York State License ¹ of 13

5 Marc J. Katzman MD Diplomate of the American Board of Board Certified in Neuroradiology Radiology CLAIMANT NAME: Michael Ablack CLAIMANT D.O.B: 10/02/1975 CLAIM NUMBER: DATE OF INIURY: 07/09/2016 MN#: MedSource National 591 Stewart Avenue Suite 600 Garden City, NY December 21, 2017 To Whom It May Concern: Pursuant to your request, I performed an independent radiological interpretation on 12/21/2017 on the following radiological imaging study on the above-named claimant: MRI Left Knee 08/03/2016 Bronx Medical Diagnostic (Bronx, NY) My findings are as follows: The MRI of the left knee performed on 08/03/2016 reveals no evidence of recent fracture or dislocation. The bone marrow signal is within normal limits. There is no bone marrow edema or contusion. There is no osteochondral lesion. The articular cartilage is intact in all three compartments. There is no chondromalacia patella. There is lateral patellar tilt There is lateral patellar tilt The medial and lateral menisci are intact There is chronic mucoid degeneration of the ACL with associated subchondral cyst deep to the tibial spines. The posterior cruciate ligament is intact The medial and lateral collateral ligaments are intact There is no evidence of posterolateral corner injury. There is no evidence of patellar subluxation injury. The patellar retinaculum is intact The quadriceps and patellar tendons are intact There is a mild non-specific joint effusion without hemarthrosis. There is no intra-articular loose body. The prepatellar soft tissues are within normal limits. In conclusion, the MRI of the left knee performed on 08/03/2016 reveals no evidence of recent post-traumatic injury to the left knee. There is a mild pre-existing chronic degeneration of the ACL and there is a mild non-specific joint effusion. 1, Marc Katzman, being a physician duly licensed to practice medicine in the State of New York pursuant to CPLR Section 2106, hereby affirm under the penalty of perjury that the information contained within this document was prepared and is the work product of the undersigned and that the statements contained herein are true and accurate to the best of my knowledge and information. Sincerely, PLa J~ Marc J. Katzman, MD D.A.B.R. CAQ Neuroradiology New York State License ¹ of 13

6 MarcJ. Katzman MD Diplomate of the American Board of Board Certified in Neuroradiology Radiology CLAIMANT NAME: Michael Ablack CLAIMANT D.O.B: 10/02/1975 CLAIM NUMBER: DATE OF INIURY: 07/09/2016 MN#: MedSource National 591 Stewart Avenue Suite 600 Garden City, NY December 21, 2017 To Whom It May Concern: Pursuant to your request, I performed an independent radiological interpretation on 12/21/2017 on the following radiological imaging study on the above-named claimant: MRI Left Shoulder 07/20/2016 Bronx Medical Diagnostic (Bronx, NY) My findings are as follows: The MRI of the left shoulder performed on 07/20/2016 reveals a recent grade I sprain injury of the acromioclavicular joint with bone marrow edema, capsular swelling, and surrounding soft tissue infiltration. There is no Hill-Sachs or Bankart lesion. The glenohumeral articular cartilage appears intact The glenoid labrum is intact There is no posttraumatic labral tear or SLAP lesion. The biceps anchor is intact The long head of the biceps tendon is well seated within the bicipital groove. There is no evidence of biceps tenosynovitis. There is no posttraumatic joint effusion or hemarthrosis. There is no capsular edema or evidence of adhesive capsulitis. There is trace subdeltoid/subacromial bursitis. There is no muscle sprain or tear. There is moderate chronic degenerative arthropathy of the acromioclavicular joint, which contributes to chronic internal impingement of the rotator cuff. Evaluation of the rotator cuff reveals mild chronic degenerative tendinosis of the supraspinatus tendon without focal tear or rupture. There is no tendon retraction or muscle atrophy. In conclusion, the MRI of the left shoulder performed on 07/20/2016 reveals a recent grade I sprain injury of the left AC joint There is mild chronic degeneration of the rotator cuff in the setting of chronic internal impingement, as described above. 1, Marc Katzman, being a physician duly licensed to practice medicine in the State of New York pursuant to CPLR Section 2106, hereby affirm under the penalty of perjury that the information contained within this document was prepared and is the work product of the undersigned and that the statements contained herein are true and accurate to the best of my knowledge and information. Sincerely, Marc J. Katzman, MD D.A.B.R. CAQ Neuroradiology New York State License ¹ of 13

7 Marc J. Katzman MD Diplomate of the American Board of Radiology Board Certified in Neuroradiology CLAIMANT NAME: Michael Ablack CLAIMANT D.O.B: 10/02/1975 CLAIM NUMBER: DATE OF INJURY: 07/09/2016 MN#: MedSource National 591 Stewart Avenue Suite 600 Garden City, NY December 21, 2017 To Whom It May Concern: Pursuant to your request, I performed an independent radiological interpretation on 12/21/2017 on the following radiological imaging study on the above-named claimant: MRI Lumbar Spine 09/13/2016 Bronx Medical Diagnostic (Bronx, NY) My findings are as follows: The MRI of the lumbar spine performed on 09/13/2016 reveals normal lumbar lordosis in the sagittal plane. The lumbar vertebrae remain in anatomic alignment. There is no vertebral compression fracture deformity or traumatic subluxation. The bone marrow signal is within normal limits. There is no evidence of ligamentous injury. The L1-2, L2-3, and L3-4 disc levels are unremarkable. At L4-5 and L5-S1, there are minimal degenerative disc bulges and mild facet arthropathy. In conclusion, the MRI of the lumbar spine performed on 09/13/2016 reveals minimal chronic two-level degenerative disc disease of the lower lumbar spine without evidence of recent post-traumatic injury. The disc bulges at L4-5 and L5-S1 are by definition degenerative and non-traumatic. All aforementioned degenerative changes of the lumbar spine are clearly chronic, pre-existing, and unrelated to the accident on 07/09/2016. There is no recent-appearing traumatic disc herniation, extrusion,or annular tear. There is no evidence of recent post-traumatic injury to the lumbar spine on the basis of this MRI exam. I, Marc Katzman, being a physician duly licensed to practice medicine in the State of New York pursuant to CPLR Section 2106, hereby affirm under the penalty of perjury that the information contained within this document was prepared and is the work product of the undersigned and that the statements contained herein are true and accurate to the best of my knowledge and information. Sincerely, Marc J. Katzman, MD D.A.B.R. CAQ Neuroradiology New York State License ¹ of 13

8 MarcI. Katzman MD Diplomate of the American Board of Board Certified in Neuroradiology Radiology CLAIMANT NAME: Michael Ablack CLAIMANT D.O.B: 10/02/1975 CLAIM NUMBER: DATE OF INJURY: 07/09/2016 MN#: MedSource National 591 Stewart Avenue Suite 600 Garden City, NY December 21, 2017 To Whom It May Concern: Pursuant to your request, I performed an independent radiological interpretation on 12/21/2017 on the following radiological imaging study on the above-named claimant: MRI Cervical Spine 08/17/2016 Bronx Medical Diagnostic (Bronx, NY) My findings are as follows: The MRI of the cervical spine performed on 08/17/2016 reveals straightening of the normal cervical lordosis. There is no compression fracture or traumatic subluxation. The cervical cord is normal in caliber and signal characteristics. There is no ligamentous injury. Degenerative disc dehydration is noted from C5-6 through C7-T1. At C6-7, there is a minimal degenerative disc bulge and mild facet arthropathy. The remaining cervical disc levels reveal no compressive discopathy. In conclusion, the MRI of the cervical spine performed on 08/17/2016 reveals minimal chronic single-level degenerative disc disease of the cervical spine without evidence of recent post-traumatic injury. The disc bulge at C6-7 is by definition degenerative and non-traumatic. All aforementioned degenerative changes of the cervical spine are clearly chronic, pre-existing, and unrelated to the accident on 07/09/2016. There is no recent-appearing traumatic disc herniation, extrusion, or annular tear. There is no evidence of recent post-traumatic injury to the cervical spine on the basis of this MRI exam. I, Marc Katzman, being a physician duly licensed to practice medicine in the State of New York pursuant to CPLR Section 2106, hereby affirm under the penalty of perjury that the information contained within this document was prepared and is the work product of the undersigned and that the statements contained herein are true and accurate to the best of my knowledge and information. Sincerely, Marc J. Katzman, MD D.A.B.R. CAQ Neuroradiology New York State License ¹ of 13

9 Marc J. Katzman, MD D.A.B.R. 22 Woodland Place Great Neck, NY (917) Employment 07/ Present Zwanger-Pesiri Radiology Neuroradiologist Training 07/ /2011 Columbia-Presbyterian Medical Center Fellowship in Neuroradiology -07/ /2010 Albert Einstein College of Medicine - Jacobi Medical Center Residency in Radiology 07/ /2006 Sound Shore Medical Center Transitional Year Internship Education 08/ /2005 Albert Einstein College of Medicine M.D. 09/ /2001 Yeshiva University B.A., Chemistry and Biology, summa cum laude, Dean's List. Academic in 12/ Present Diplomate, American Board of Radiology 10/ Present Adjunct Clinical Professor, NY College of Osteopathic Medicine 01/ /2010 Chief Resident, Department of Radiology, Jacobi Medical Center 07/ /2008 Departmental Representative, Albert Einstein College of Medicine Committee on Graduate Medical Education Licensure 4 tion 10/2012 Neuroradiology Subspecialty Certificate of Added Qualification Workers' 07/2012 New York State Compensation Board Authorized Provider 06/2010 Board Certification - American Board of Radiology 03/2010 New York State Medical License Age Page/ JqM of 2 9 of 13

10 Marc J. Katzman, MD Diplomate of the American Board of Radiology Subspecialty Board Certification in Neuroradiology New York State Medical License NY State Workers' Compensation Board Authorized Provider I have experience providing independent radiological interpretation of plain films, nuclear imaging, ultrasound, CAT Scan, and MRI in the following specialties: Neuro-imaging: brain, head and neck, and spine (special expertise) Musculoskeletal Imaging: shoulder, knee, upper and lower extremities General Body Imaging: chest, abdomen, and pelvis I am available for IME, arbitration, court hearings, and depositions. Contact information: Mob8e Mobile marckatzman@gmail.com phone; (917) of 13

11 Publications & Presentations.05/2010 Katzman MJ, Leibman AJ, Kwok L. "Evaluation and Treatment of Pediatric Infections." Breast Exhibit presented at the American Roentgen Ray Society annual meeting, San Diego, CA. 04/2010 Katzman MJ, Leibman AJ, Kwok L. "Utility of Breast Sonography in the Infections" Management of Pediatric Breast Exhibit presented at the Society for Pediatric Radiology Annual Meeting, Boston, MA. 04/2009 Katzman MJ, Leibman AJ and Salsamendi J. "Utility of Breast Sonography Population." Evaluating the Pediatric Po Presented at the Society for Pediatric Radiology Annual Meeting, Carlsbad, CA. in 07/2007 Cynamon J, Katzman MJ, Goodman E. "Percutaneous Gastrostomy of the Surgery." Excluded Gastric Segment after Roux-en-Y Gastric Bypass JVIR 2007; 18: /2004 Cynamon J, Katzman MJ, et al. "Combination Pulse Spray_Thrombolysis and. 191echanical Thrombectomy With the Angiojet Device to Treat Acute DVT: Indication and Techniques." Presented at the Advanced Interventional Management Symposium, New York, NY. 04/2000 Matthiesen SH, Katzman MJ and Satir BH. "Exocytosis: The Phosphoglucomutase Activity of Parafusin Localized to Secretory Vesicles is Unlikely to be Related to its Function in Secretion." Secretion The FASEB Journal 2000; 14(4):A782. Awards â - â American Roentgen Ray Society Introduction to Research Scholarship 2005 Class Representative for the Albert Einstein College of Medicine Graduation 2001 Letter of Commendation for Excellence in Histology & Cell Biology American Institute of Chemists Award 2001 Jacob 4 Ethel Blackman Memorial Award for Excellence in Chemistry Ernst 4 Hedwig Roth Institute Scholar 1997 Yeshiva University Distinguished Scholarship Memberships American Medical Association Medical Society of the State of New York Nassau County Medical Society Radiological Society of North America American Roentgen Ray Society American Society of Neuroradiology Age2'+2 Page2aj2 11 of 13

12 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss: Danielle Dimperio, being duly sworn, says: I am not a party to the action, am over 18 years of age, and reside at Parlin, New Jersey. On March 13, 2018 I served a true copy of the annexed EXPERT WITNESS DISCLOSURE by mailing the same in a sealed envelope, with postage prepaid thereon, in a postoffice or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: Steven Adam Rubin, Esq. Weiss 4 Akerman, P.C. STEVEN ADAM RUBIN & Attorneys for Plaintiffs ASSOCIATES, PLLC 11 Broadway, Suite 968 Attorneys for Plaintiff New York, NY rd 71 West Street, Suite 1623 New York, NY John P. Connors, Jr. CONNORS & CONNORS, P.C. Attorneys for Defendant CYNTHIA CHECO 766 Castleton Avenue Staten Island, NY Dennis T. Doyle, Esq. O' O'CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON, WATSON 96 LOFTUS, LLP Attorneys for Defendant SHEILA ACOSTA One Barker Avenue, Suite 675 White Plains, NY anielle Dimpe Sworn to before me on March 13, 2018 NOTARY PUBLIC DQM )HUE RQ855) ATAIMtDUrtNevE-LAW sratnirn~<~8~ 12 of 13

13 26655/2016E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MICHAEL ABLACK, -against- Plaintiffs, BUANNO TRANSPORTATION CO., PATRICK MEADE, CYNTHIA CHECO AND SHIELA ACOSTA, Defendants. EXPERT WITNESS DISCLOSURE DONOHUE LAW FIRM, P.C. Attorneys for Defendants BUANNO TRANSPORTATION CO. as PATRICK MEADE 745 5TH 5TH AVENUE, FI,00R New York, NY (P) of 13