Legal correspondence regarding WTC litigation, August 2003

NYC 9/11 Public Portal Document

Flemming, ZuLACK & Williamson, llp

lAW OFFICES ONE UBERTY PLAZA NEW YORK, NEW YORK August 18, 2003 10006-1404 (212)412-9500 FAX (212) 964-9200 By Hand

Honorable Theodore H. Katz JASON T. COHEN United States Magistrate Judge United States District Court Southern District of New York United States Courthouse 500 Pearl Street, Room 1660 New York, NY 10007-1312

Re: In Re September 11 Litigation 21 MC 97 (AKH) (THK)

Theresa Hartey, Edward Galanek, Robert Esposito, Denise Esposito, James Melendez and Yvorme Leon v. City of New York, Port Authority of New York and New Jersey, Silverstein Properties, Inc., Bovis Lend Lease, Inc., Department of Environmental Protection, Mazzoocchi Wrecking, Scalamandre, Phillips and Jordan (03-CV-3040) (AKH) (THK)

Dear Judge Katz:

We are attorneys for World Trade Center Properties LLC (incorrectly sued as Silverstein Properties, Inc.). We write with regard to Judge Hellerstein’s June 20, 2003 Opinion and Order Partially Granting and Partially Denying Motions to Remand Cases to State Court (“June 20 Order”). Although the actions on behalf of three of the plaintiffs (Hartey, Galanek and Melendez) in the above-captioned case were categorized in Exhibit C to the June 20 Order as cases involving exposure only at Fresh Kills (and thus cases that should be remanded), we believe that these actions should be categorized as ones requiring clarification to determine jurisdiction. This would be consistent with the Court’s treatment of the other plaintiffs (Robert Esposito, Denise Esposito and Leon) in this action, which, based WRITER'S DIRECT DIAL on the same allegations, are categorized in Exhibit E to the June 20 Order as cases (212) 412-9523 [email protected] requiring clarification to determine jurisdiction.

We call your attention to paragraph 11 of the Amended Verified Complaint NEW JERSEY OFRCE 75 MONTGOMERY ST. (“complaint”), which states that “Silverstein Properties, Inc.... owned, managed, SUITE 200 operated, and maintained certain premises known as the ’World Trade Center’” and JERSEY CITY, NJ 07302 paragraph 16 of the complaint, which states that “[pjlaintiffs were subjected to such (201)432-8900 FAR (2011369-0800 conditions at these sanitation facilities, which are their places of work, as to put their health and well being in danger.” Because the only two “facilities” or “places of work” mentioned in the complaint are the World Trade Center site and Fresh Kills,

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