Subject: FW: Bronx Bayrock Cases
From: "Dieter, Austin" <[email-masked]>
To: "Crystal, Andy" <[email-masked]>
Date: Fri, 20 May 2016 08:21:34 -0700

From: Tyson Brody [mailto:[email-masked]]
Sent: Friday, May 20, 2016 9:27 AM
To: Dillon, Lauren; Graham, Caroline; Dieter, Austin
Subject: Fwd: Bronx Bayrock Cases

See below for below the Bronx stuff.

For what we're doing, I think this general format is fine. If the docs are ocr-ed we should copy paste passages with page numbers, not full bullets. If not ocr-red, one line descriptions with page numbers is fine.

Write a short paragraph summary of each case and then flag:
-names of victims
-trump business associates
-notable mentions of bayrock, especially Sater and connections to Trump
-mentions of Chinese drywall and shitty business practices

That make sense?

Begin forwarded message:
From: Tyson Brody <[email-masked]<mailto:[email-masked]>>
Date: May 19, 2016 at 1:22:00 PM EDT
To: Incoming <[email-masked]<mailto:[email-masked]>>, Brad Pollock <[email-masked]<mailto:[email-masked]>>
Subject: Bronx Bayrock Cases
All,

See below from Brad. Essentially there was a construction accident at the Trump SoHo that killed one worker and injured several others.  A series of cases from the Bronx were filed related to this incident. An existing Daily News story claims that Donald Trump visited the site and saw the plans for this building. This is backed up by testimony by Bovis Lend Lease Senior Superintendent Jan Sokolowski. http://www.nydailynews.com/new-york/donald-trump-contracts-trump-soho-depo-witness-article-1.2304352 <http://www.nydailynews.com/new-york/donald-trump-contracts-trump-soho-depo-witness-article-1.2304352>

Below are some details pulled from the cases, with interesting Bayrock points highlighted from the first case.  It's a lot of paper divided among several cases, but the long story short of this is that it's more evidence of Trump working closely with Bayrock in the past 10 years. The details of the death are fairly gruesome, with the victim being allegedly decapitated. Eventually the victims and survivors settle the case.

Interesting, the victim appears to be Russian, while the other construction workers were italian. Need more evidence to back this up, but the concrete contractor, DiFama Concrete, was also allegedly mob tied. The smoke suggests the fire surrounding Trump's connections to organized crime lies in the people he used to build his buildings, which jibes with what's been alleged about Atlantic City.

Case 250675-2010 (Natalia Vanchytska vs. Bovis Lend Lease)

  *   This case was filed by the widow of Yuriy Vanchytskyy, an employee of DiFama Concrete, a subcontractor working at Trump SoHo, who was killed after falling 42 stories from scaffolding alleged to be improperly installed. [Pg 26]
  *   Bayrock LLC had offices on 55th Street in Manhattan, but also in Trump Tower. [Pg. 29]
  *   Bayrock owned at least part of the construction site in question, and hired Bovis Lend Lease (the main defendant in this case) as the project’s general contractor. [Pg. 30]
  *   The plaintiff alleged that the scaffolding in question was kept in dangerous condition and that Bayrock, Bovis, DiFama, and the other contractors involved were negligent in her husband’s death. She sued for negligence, wrongful death, and for violations of state labor laws relating to negligence, personal injury, and wrongful death. [Pg. 42]
  *   This case was consolidated with 6 other cases filed by injured workers from the same incident. [Pg. 76]
  *   The case was settled for $3.5 million, with $1.95 million due immediately and $1.55 million payable over a series of years. Bayrock was included among the companies in the settlement, though the actual payment was via the various defendants’ insurance companies (including Virginia Surety Co., a defendant in another case listed here). The widow ultimately got around $880,000 initially plus $800,000 in future years, with her adult children each getting $250,000 in future years. The remainder went to legal fees.  [Pg. 169]
  *   The settlement statement includes other resolutions like forgiving workers comp liens, legal fee agreements, funeral costs, and so on. [Pg. 176]

Case 301147-2008 (Dwight Wainwright vs. Sapir Organization Spring)

  *   Wainwright was one of the workers injured in the accident that killed Yuriy Vanchytskyy (see above).
  *   This case was one of at least 8 cases related to this accident. [Pg. 181]
  *   Three of the plaintiffs settle for $250,000, $180,000, and $95,000 apiece. [Pg. 225]
  *   Judge rules partially in favor of Wainwright and other co-plaintiffs. This document also includes a detailed description of the accident itself (as does the document starting pg. 399). [Pg. 380]
  *   Not directly relevant to case but still notable: construction management agreement for Trump SoHo. [Pg. 601]
  *   Co-plaintiff Thomas Dougherty deposition describes his witnessing of the accident. [Pg. 930]
  *   Co-plaintiff Trocchia’s deposition. [Pg. 982]
  *   Transcript of examination of site superintendent by attorney for co-plaintiff Palizzotto. [Pg. 1090]
  *   Judge again grants partial summary judgment for the plaintiff. [Pg. 1363]
  *   Judge severs Patent Construction as third-party defendant in case and orders a new case to be created for it [Pg. 1499]
  *   Judge again grants partial summary judgment for the plaintiff. [Pg. 1862]
  *   Judge again grants partial summary judgment for the plaintiff. [Pg. 2049]
  *   Plaintiff files stipulation of discontinuance [Pg. 2413]

Case 020921-2010 (Certain Underwriters vs. Virginia Surety Co. Inc.)

  *   Lloyd’s and Aspen Insurance filed a complaint regarding the case above, apparently in an effort to defend their financial interests in the case. They accused Virginia Surety (the insurer in the case) of bad faith in its appointment of a single counsel to defend multiple companies that had divergent interests. They also claimed that Virginia Surety refused to share documents. [Pg. 1899 of the Wainwright case]

Additional notes on this incident:

  *   Terms and conditions of settlements for Wainwright, Trocchia, Dougherty, and Palizzotto were confidential, but then largely revealed several pages later. Since Vanchytska and three other defendants also settled, that means that all 8 plaintiffs ultimately settled in this case.
o   Wainwright’s settlement revealed as $3.3 million.
o   Dougherty’s settlement revealed as $3 million.
o   Trocchia’s settlement revealed as $3.1 million.
o   Palizzotto’s settlement revealed as $8.8 million.