AFFIDAVIT Response to Demand for Change of Venue

--- Page 1 --- 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JANE DOE, Index No. 161704/2026 AFFIDAVIT IN RESPONSE TO DEMAND FOR CHANGE OF VENUE Plaintiff, -against- CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE ASSOCIATION, CHI PHI FRATERNITY, INC., CHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE CORPORATION OF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, ZAREEN ENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, MATTHEW INGALLS, JOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, SCOTT KRETZSCHMAR, JOHN DOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE BOARD), and ORAZIO PETITO, Defendants. STATE OF NEW YORK ) ):ss: COUNTY OF NEW YORK ) Thomas P. Giuffra, Esq., being duly sworn, affirms the contents of the following to be true under penalties of perjury: 1. I am an attorney duly licensed to practice law in the State of New York, and I am a partner of Rheingold Giuffra Ruffo Plotkin & Hellman, LLP, attorneys for Plaintiff in this matter. 2. This affidavit is made pursuant to CPLR §511(b) in response to the demand for change of venue filed by Defendant ZAREEN ENTERPRISE, LLC d/b/a MOONIES BAR & NIGHTCLUB, on October 6, 2026. 3. Venue was properly made in the County of New York, as same is the county in which Plaintiff resided when this action was commenced. See CPLR §503(a). 4. Furthermore, venue was properly made in the County of New York, as same is the county where Defendant CORNELL UNIVERSITY, INC. owns, controls, and maintains FILED: NEW YORK COUNTY CLERK 10/09/2026 10:54 AM INDEX NO. 161704/2026 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 10/09/2026 1 of 2 --- Page 2 --- . 2 extensions of its Thompkins County undergraduate campus at 570 Lexington Avenue, New York, NY 10022. See CPLR §503(a). I affirm this 9th day of October, 2026, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. Dated: New York, NY October 9, 2026 RHEINGOLD GIUFFRA RUFFO PLOTKIN & HELLMAN LLP Attorneys for Plaintiff _____________________ By: Thomas P. Giuffra, Esq. 551 Fifth Avenue, 29th Fl. New York, NY 10176 Tel: (212) 684-1880 [email protected] FILED: NEW YORK COUNTY CLERK 10/09/2026 10:54 AM INDEX NO. 161704/2026 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 10/09/2026 2 of 2