Preview
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
EXHIBIT H
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
"
RECEIVED JAN C 2022
Page 1
November 2, 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________Ç
JESUS GERMAN,
Plaintiff,
-against- Index No.
157393/2019
333 RECTOR GARAGE, LLC, BOARD OF MANAGERS OF 1
RECTOR PARK CONDOMINIUM, and MILFORD
MANAGEMENT CORP.,
Defendants.
Date: November 2, 2021
Time: 10:00 a.m.
EXAMINATION BEFORE TRIAL of KEVIN
GLENNON, a Witness for the Defendant, taken by
the Plaintiff, via video-conference, pursuant
to Court Order, held on the above mentioned
date and time, before Valerie Rosado, a Notary
Public of the State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
Page 2
November 2, 2021
1 A P P E A R A N C E S:
2
3 HACH & ROSE, LLP .
Attorneys for Plaintiff
4 112 Madison Avenue
10th Floor
5 New York, New York 10016
BY: GEORGE ILCHERET, ESQ.
6
7
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
8 Attorneys for Defendant, Board of
Managers of 1 Rector Park Condominium
9 1133 Westchester Avenue
White Plains, New York 10604
10 BY: ALEX COHEN, ESQ.
11
12 SMITH, MAZURE, DIRECTOR, WILKINS, YOUNG &
YAGERMAN, P.C.
13 Attorneys for Defendant, 333 Rector
Garage, LLC
14 111 John Street
New York, new York 10038
15 BY: CAROL G. MOROKOFF, ESQ.
16
17 EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant, Milford
18 Management Corp.
55 Water Street
19 28th Floor
New York, New York 10041
20 BY: VACH VIVACHARAWONGSE, ESQ.
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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November 2, 2021
1 S T I P U L A T I O N S
2
3 IT IS HEREBY STIPULATED AND AGREED by
4 and between Counsel for the respective parties
5 that:
6
7 All rights provided by the C.P.L.R.,
8 including the right to object to any question,
9 except as to form, or to move to strike any
10 testimony at this examination, are reserved,
11 and in addition the failure to object to any
12 question or to move to strike any testimony at
13 this examination shall not be a bar or waiver
14 to make such motion at, and is reserved for,
15 the trial of this action;
16
17 IT IS FURTHER STIPULATED AND AGREED by
18 and between Counsel for the respective parties
19 hereto, that this examination may be sworn to
20 by the witness being examined, before a Notary
21 Public other than the Notary Public before
22 whom this examination was begun; but the
23 failure to do so, or to return the original of
24 this examination to Counsel, shall not be
25 deemed a waiver of the rights provided by
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
Page 4
November 2, 2021
1 Rules 3116 and 3117 of the C.P.L.R., and shall
2 be controlled thereby;
3
4 IT IS FURTHER STIPULATED AND AGREED by
5 and between Counsel for the respective parties
6 bereto that this examination may be utilized
7 for all purposes as provided by the C.P.L.R.;
8
9 IT IS FURTHER STIPULATED AND AGREED by
10 and between Counsel for the respective parties
11 hereto, that the filing and certification of
12 the original of this examination shall be and
13 the same hereby is waived;
14
15 IT IS FURTHER STIPULATED AND AGREED by
16 and between Counsel for the respective parties
17 hereto that a copy of the within examination
18 shall be furnished to Counsel representing the
19 witness testifying without charge.
20
21 IT IS FURTHER STIPULATED AND AGREED by
22 and between Counsel for the respective parties
23 hereto that all rights provided by the
24 C.P.L.R., and Part 221 of the Uniform Rules
25 for the Conduct of Depositions, including the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
Page 5
November 2, 2021
1 right to object to any questions, except as to
2 form, or to move to strike any testimony at
3 this examination are reserved; and in
4 addition, the failure to object to any
5 question or to move to strike any testimony at
6 this examination shall not be a bar or waiver
7 to make such motion at, and is reserved to,
8 the trial of this action.
9
10 IT IS FURTHER STIPULATED AND AGREED by
11 and between counsel for all parties present
12 that pursuant to CPLR section 3113(d) this
13 deposition is to be conducted by video
14 conference, that the court reporter, all
15 counsel, and the witness are all in separate
16 remote locations and participating via
17 videoconference (LegalView/Zoom) meeting under
18 the control of Lexitas Court Reporting
19 Service, that the officer administering the
20 oath to the witness need not be in the place
21 of the deposition and the witness shall be
22 sworn in remotely by the court reporter after
23 confirming the witness's identity, that this
24 videoconference will not be recorded in any
25 manner and that any recording without the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
Page 6
November 2, 2021
C 1 express written consent of all parties shall
2 be considered unauthorized, in violation of
3 law, and shall not be used for any purpose in
4 this litigation or otherwise.
5
6 IT IS FURTHER STIPULATED that exhibits
7 may be marked by the attorney presenting the
8 exhibit to the witness, and that a copy of any
9 exhibit presented to a witness shall be
10 e-mailed to or otherwise in possession of all
11 counsel prior to any questioning of a witness
12 regarding the exhibit in question. All
13 parties shall bear their own costs in the
14 conduct of this deposition by video
15 conference, not withstanding the obligation by
16 CPLR to supply a copy of the transcript to the
17 deposed party by the taking party in civil
18 litigation matters.
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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November 2, 2021
1 K E V I N G L E N N O N, called as a
2 witness, having been first duly sworn
3 by a Notary Public of the State of New
4 York, was examined and testified as
5 follows:
6 THE REPORTER: Please state
7 your name for the record.
8 THE WITNESS: Kevin Glennon.
9 THE REPORTER: Please state
10 your address for the record.
11 THE WITNESS: 333 Rector
12 Place, Apartment 201, New York, New
13 fork 10280.
14 EXAMINATION BY
15 MR. ILCHERET:
16 MR. ILCHERET: Good morning
17 Mr. Glennon. My name is George
18 Ilcheret. I'm from the law firm of
19 Hach and Rose, and we represent
20 Mr. German in this action. I'm going
21 to be asking you a number of
22 questions about a premises here in
23 Manhattan known as 333 Rector Place.
24 If at any time I ask you a question
25 and you don't understand it, please
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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November 2, 2021
1 K. GLENNON
2 ask me and I will gladly rephrase it.
3 If at any time you need a break,
4 please let us know and we can take a
5 break. All of your answers have to
6 be oral so the court reporter can
7 take down the answer, because she
8 can't take down a nod of the head, a
9 wink of an eye, or anything like
10 that.
11 THE WITNESS: Understood.
12 Q. Are you familiar with the
13 board of managers of 1 Rector Park
14 Condominium?
15 A. Yes.
16 Q. And, what is the nature of
17 your familiarity?
18 A. I have a working relationship
19 when it comes to running the building.
20 Q. And, what is the nature of
21 that working relationship, are you a
22 member of the board or something else?
23 A. I'm not a member of the board.
24 I basically work for the board. So, if
25 there's issues in the building that I
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
Page
November 2, 2021
1 K. GLENNON
2 need advise or need their decision on, I
3 will ask them.
4 Q. And, who are the members of
5 board?
6 A. So, there is Alicia Crighton,
7 Peter Cureton, Simon Henry, Issac
8 Strachan, Pankaj Vasuduv, Jeremy
9 Bixenman.
10 Q. And, were any of the these
11 people members of the board of managers
12 on February 2, 2018?
13 A. I believe Issac and Alicia.
14 There's actually one more I left out.
15 Shonali Gupta.
16 Q. Mr. Glennon, is your current
17 relationship with the board of managers
18 pursuant to a written contract, or
19 something else?
20 A. I don't know if there's any
21 direct contract between the board. I
22 would imagine under my employment
23 contract it would be required to converse
24 with them in relation to building
25 matters.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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November 2, 2021
1 K. GLENNON
2 Q. And, who employed you?
3 A. 1 Rector Park Condominium,
4 which is located at 333 Rector.
5 Q. Does your job have a title?
6 A. Resident manager.
7 Q. Do you reside in the building?
8 A. Yes.
9 Q. And, is that part of your
10 compensation, or do you own the unit?
11 A. Correct. No, that's part of
12 my compensation.
13 Q. And, when did you start that
14 position?
15 A. September 10, 2018.
16 Q. In February of 2018 was there
17 a managing agent for the building?
18 A. February of 2018?
19 Q. Yes.
20 A. I believe so, yes. I believe
21 it was Milford Management.
22 Q. And, when you started in
23 September was Milford Management still
24 the managing agent?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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1 K. GLENNON
2 Q. Now, 333 Rector Place, what
3 type of building is it?
4 A. Condominium.
5 Q. And, that has residential
6 units and commercial units?
7 A. Correct.
8 Q. Approximately how many
9 residential units?
10 A. One hundred and seventy four.
11 Q. And, is there one unit that
12 has a parking garage?
13 A. Well, that's the residential
14 unit, so we have four commercial units,
15 one of which is the garage.
16 Q. And, in February of 2018, who
17 owned the garage?
18 A. I couldn't say with certainty.
19 I'm assuming the current owner.
20 Q. Do you know a company known as
21 333 Rector Garage LLC?
22 A. Yes.
23 Q. And, who are they?
24 A. They're garage operators in
25 the building.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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1 K. GLENNON
2 Q. Now, the unit known as the
3 building, in February of 2018, did they
4 pay any monthly common charges or
5 maintenance, or anything like that?
6 A. You said the unit owners?
7 Q. Yes.
8 A. I would imagine so, yes. They
9 currently do.
10 Q. Can you describe the common
11 areas of that building?
12 A. Such as the lobby and
13 corridors, and entrances?
14 Q. That, pipes, anything else.
15 A. I wouldn't know, as far as
16 pipes go, I wouldn't know what goes under
17 common areas, to be honest.
18 Q. Who at the board of managers
19 would know?
20 A. That, I can't say either, to
21 be honest. Our offering plan, I imagine,
22 would cover that. And, that's six
23 hundred pages long. So, I'm not sure
24 who's read through all of that, or the
25 relative portions of it.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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1 K. GLENNON
2 Q. And, what's six hundred pages
3 long, the condo offering, or something
4 else?
5 A. Offering plan, yes.
6 Q. Now, when a unit owner needs a
7 repair, for example, like leaking water,
8 or something else like that leaking in to
9 their unit, who they call for that?
10 A. They would call the front desk
11 or my cell phone directly.
12 Q. And, prior to you, who would
13 that have been?
14 A. That would have been the
15 previous resident manager.
16 Q. And, what's his name?
17 A. Shane O'Mahony.
18 Q. Is he still employed by the
19 Condominium?
20 A. No.
21 Q. Since your tenure at the
22 building has there ever been any
23 complaints about water leaking in to the
24 garage unit?
25 A. There has been reports of
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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1 K. GLENNON
2 standing water in the garage.
3 Q. Do you have any idea how that
4 standing water got there?
5 A. There's an ejector pump in one
6 of the drains, and sometimes it fails.
7 And, then when it fails, obviously, it
8 doesn't eject the water and it sits on
9 the floor of the garage.
10 Q. Have you ever been in the
11 garage unit?
12 A. Yes.
13 Q. Did you ever have occasion to
14 look at the ceiling?
15 A. Yes.
16 Q. Did you see any pieces of
17 plastic or anything affixed to the
18 ceiling to divert water intrusion?
19 A. Yes.
20 Q. And, when did you first see
21 that?
22 A. I couldn't say for certain. I
23 would say probably when I first started,
24 roughly.
25 Q. Could you see where the water
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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1 K. GLENNON
2 was coming from?
3 A. They were just installed, it
4 wasn't anything that I noticed or any
5 water ever on them. I just noticed them
6 in the ceiling of the garage.
7 Q. Did you see any peeling or
8 flaking paint on the ceiling of the
9 garage?
10 A. Not that I can recall.
11 Q. Can you describe the surface
12 of the garage floor?
13 A. It's concrete slab, smooth
14 concrete slab. There's portions of it
15 where there's some exposed stone.
16 Q. Is that concrete coated with
17 anything?
18 A. Not that I know of. I guess
19 you would call it polished concrete.
20 Q. Do you know if there's
21 anything like a silicone coating over the
22 concrete, or anything like that?
23 A. That, I don't know.
24 Q. Is there a current managing
25 agent for the building?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
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November 2, 2021
1 K. GLENNON
2 A. Yes.
3 Q. And, who's that?
4 A. That's Milford Management.
5 Q. And, have they continuously
6 been the managing agent since your tenure
7 there?
8 A. Yes.
9 Q. Do you know if any plumbing
10 work has been done on the walls or the
11 ceiling of the garage unit?
12 A. No. Not since I have been
13 here.
14 Q. Do you know if the condominium
15 unit uses a particular plumbing company
16 for work?
17 A. I'm sorry. When you say
18 condominium unit, do you mean commercial
19 unit?
20 Q. If the board of managers or
21 Milford Management uses a specific
22 plumbing contract?
23 A. There's no contract between
24 the building and any specific plumber.
25 We've used various plumbing over the last
D
Preview
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 EXHIBIT H FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 " RECEIVED JAN C 2022 Page 1 November 2, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________________________________________Ç JESUS GERMAN, Plaintiff, -against- Index No. 157393/2019 333 RECTOR GARAGE, LLC, BOARD OF MANAGERS OF 1 RECTOR PARK CONDOMINIUM, and MILFORD MANAGEMENT CORP., Defendants. Date: November 2, 2021 Time: 10:00 a.m. EXAMINATION BEFORE TRIAL of KEVIN GLENNON, a Witness for the Defendant, taken by the Plaintiff, via video-conference, pursuant to Court Order, held on the above mentioned date and time, before Valerie Rosado, a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 2 November 2, 2021 1 A P P E A R A N C E S: 2 3 HACH & ROSE, LLP . Attorneys for Plaintiff 4 112 Madison Avenue 10th Floor 5 New York, New York 10016 BY: GEORGE ILCHERET, ESQ. 6 7 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER 8 Attorneys for Defendant, Board of Managers of 1 Rector Park Condominium 9 1133 Westchester Avenue White Plains, New York 10604 10 BY: ALEX COHEN, ESQ. 11 12 SMITH, MAZURE, DIRECTOR, WILKINS, YOUNG & YAGERMAN, P.C. 13 Attorneys for Defendant, 333 Rector Garage, LLC 14 111 John Street New York, new York 10038 15 BY: CAROL G. MOROKOFF, ESQ. 16 17 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant, Milford 18 Management Corp. 55 Water Street 19 28th Floor New York, New York 10041 20 BY: VACH VIVACHARAWONGSE, ESQ. 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 3 November 2, 2021 1 S T I P U L A T I O N S 2 3 IT IS HEREBY STIPULATED AND AGREED by 4 and between Counsel for the respective parties 5 that: 6 7 All rights provided by the C.P.L.R., 8 including the right to object to any question, 9 except as to form, or to move to strike any 10 testimony at this examination, are reserved, 11 and in addition the failure to object to any 12 question or to move to strike any testimony at 13 this examination shall not be a bar or waiver 14 to make such motion at, and is reserved for, 15 the trial of this action; 16 17 IT IS FURTHER STIPULATED AND AGREED by 18 and between Counsel for the respective parties 19 hereto, that this examination may be sworn to 20 by the witness being examined, before a Notary 21 Public other than the Notary Public before 22 whom this examination was begun; but the 23 failure to do so, or to return the original of 24 this examination to Counsel, shall not be 25 deemed a waiver of the rights provided by DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 4 November 2, 2021 1 Rules 3116 and 3117 of the C.P.L.R., and shall 2 be controlled thereby; 3 4 IT IS FURTHER STIPULATED AND AGREED by 5 and between Counsel for the respective parties 6 bereto that this examination may be utilized 7 for all purposes as provided by the C.P.L.R.; 8 9 IT IS FURTHER STIPULATED AND AGREED by 10 and between Counsel for the respective parties 11 hereto, that the filing and certification of 12 the original of this examination shall be and 13 the same hereby is waived; 14 15 IT IS FURTHER STIPULATED AND AGREED by 16 and between Counsel for the respective parties 17 hereto that a copy of the within examination 18 shall be furnished to Counsel representing the 19 witness testifying without charge. 20 21 IT IS FURTHER STIPULATED AND AGREED by 22 and between Counsel for the respective parties 23 hereto that all rights provided by the 24 C.P.L.R., and Part 221 of the Uniform Rules 25 for the Conduct of Depositions, including the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 5 November 2, 2021 1 right to object to any questions, except as to 2 form, or to move to strike any testimony at 3 this examination are reserved; and in 4 addition, the failure to object to any 5 question or to move to strike any testimony at 6 this examination shall not be a bar or waiver 7 to make such motion at, and is reserved to, 8 the trial of this action. 9 10 IT IS FURTHER STIPULATED AND AGREED by 11 and between counsel for all parties present 12 that pursuant to CPLR section 3113(d) this 13 deposition is to be conducted by video 14 conference, that the court reporter, all 15 counsel, and the witness are all in separate 16 remote locations and participating via 17 videoconference (LegalView/Zoom) meeting under 18 the control of Lexitas Court Reporting 19 Service, that the officer administering the 20 oath to the witness need not be in the place 21 of the deposition and the witness shall be 22 sworn in remotely by the court reporter after 23 confirming the witness's identity, that this 24 videoconference will not be recorded in any 25 manner and that any recording without the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 6 November 2, 2021 C 1 express written consent of all parties shall 2 be considered unauthorized, in violation of 3 law, and shall not be used for any purpose in 4 this litigation or otherwise. 5 6 IT IS FURTHER STIPULATED that exhibits 7 may be marked by the attorney presenting the 8 exhibit to the witness, and that a copy of any 9 exhibit presented to a witness shall be 10 e-mailed to or otherwise in possession of all 11 counsel prior to any questioning of a witness 12 regarding the exhibit in question. All 13 parties shall bear their own costs in the 14 conduct of this deposition by video 15 conference, not withstanding the obligation by 16 CPLR to supply a copy of the transcript to the 17 deposed party by the taking party in civil 18 litigation matters. 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 7 November 2, 2021 1 K E V I N G L E N N O N, called as a 2 witness, having been first duly sworn 3 by a Notary Public of the State of New 4 York, was examined and testified as 5 follows: 6 THE REPORTER: Please state 7 your name for the record. 8 THE WITNESS: Kevin Glennon. 9 THE REPORTER: Please state 10 your address for the record. 11 THE WITNESS: 333 Rector 12 Place, Apartment 201, New York, New 13 fork 10280. 14 EXAMINATION BY 15 MR. ILCHERET: 16 MR. ILCHERET: Good morning 17 Mr. Glennon. My name is George 18 Ilcheret. I'm from the law firm of 19 Hach and Rose, and we represent 20 Mr. German in this action. I'm going 21 to be asking you a number of 22 questions about a premises here in 23 Manhattan known as 333 Rector Place. 24 If at any time I ask you a question 25 and you don't understand it, please DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 8 November 2, 2021 1 K. GLENNON 2 ask me and I will gladly rephrase it. 3 If at any time you need a break, 4 please let us know and we can take a 5 break. All of your answers have to 6 be oral so the court reporter can 7 take down the answer, because she 8 can't take down a nod of the head, a 9 wink of an eye, or anything like 10 that. 11 THE WITNESS: Understood. 12 Q. Are you familiar with the 13 board of managers of 1 Rector Park 14 Condominium? 15 A. Yes. 16 Q. And, what is the nature of 17 your familiarity? 18 A. I have a working relationship 19 when it comes to running the building. 20 Q. And, what is the nature of 21 that working relationship, are you a 22 member of the board or something else? 23 A. I'm not a member of the board. 24 I basically work for the board. So, if 25 there's issues in the building that I DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page November 2, 2021 1 K. GLENNON 2 need advise or need their decision on, I 3 will ask them. 4 Q. And, who are the members of 5 board? 6 A. So, there is Alicia Crighton, 7 Peter Cureton, Simon Henry, Issac 8 Strachan, Pankaj Vasuduv, Jeremy 9 Bixenman. 10 Q. And, were any of the these 11 people members of the board of managers 12 on February 2, 2018? 13 A. I believe Issac and Alicia. 14 There's actually one more I left out. 15 Shonali Gupta. 16 Q. Mr. Glennon, is your current 17 relationship with the board of managers 18 pursuant to a written contract, or 19 something else? 20 A. I don't know if there's any 21 direct contract between the board. I 22 would imagine under my employment 23 contract it would be required to converse 24 with them in relation to building 25 matters. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 10 November 2, 2021 1 K. GLENNON 2 Q. And, who employed you? 3 A. 1 Rector Park Condominium, 4 which is located at 333 Rector. 5 Q. Does your job have a title? 6 A. Resident manager. 7 Q. Do you reside in the building? 8 A. Yes. 9 Q. And, is that part of your 10 compensation, or do you own the unit? 11 A. Correct. No, that's part of 12 my compensation. 13 Q. And, when did you start that 14 position? 15 A. September 10, 2018. 16 Q. In February of 2018 was there 17 a managing agent for the building? 18 A. February of 2018? 19 Q. Yes. 20 A. I believe so, yes. I believe 21 it was Milford Management. 22 Q. And, when you started in 23 September was Milford Management still 24 the managing agent? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 11 November 2, 2021 1 K. GLENNON 2 Q. Now, 333 Rector Place, what 3 type of building is it? 4 A. Condominium. 5 Q. And, that has residential 6 units and commercial units? 7 A. Correct. 8 Q. Approximately how many 9 residential units? 10 A. One hundred and seventy four. 11 Q. And, is there one unit that 12 has a parking garage? 13 A. Well, that's the residential 14 unit, so we have four commercial units, 15 one of which is the garage. 16 Q. And, in February of 2018, who 17 owned the garage? 18 A. I couldn't say with certainty. 19 I'm assuming the current owner. 20 Q. Do you know a company known as 21 333 Rector Garage LLC? 22 A. Yes. 23 Q. And, who are they? 24 A. They're garage operators in 25 the building. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 12 November 2, 2021 1 K. GLENNON 2 Q. Now, the unit known as the 3 building, in February of 2018, did they 4 pay any monthly common charges or 5 maintenance, or anything like that? 6 A. You said the unit owners? 7 Q. Yes. 8 A. I would imagine so, yes. They 9 currently do. 10 Q. Can you describe the common 11 areas of that building? 12 A. Such as the lobby and 13 corridors, and entrances? 14 Q. That, pipes, anything else. 15 A. I wouldn't know, as far as 16 pipes go, I wouldn't know what goes under 17 common areas, to be honest. 18 Q. Who at the board of managers 19 would know? 20 A. That, I can't say either, to 21 be honest. Our offering plan, I imagine, 22 would cover that. And, that's six 23 hundred pages long. So, I'm not sure 24 who's read through all of that, or the 25 relative portions of it. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 13 November 2, 2021 1 K. GLENNON 2 Q. And, what's six hundred pages 3 long, the condo offering, or something 4 else? 5 A. Offering plan, yes. 6 Q. Now, when a unit owner needs a 7 repair, for example, like leaking water, 8 or something else like that leaking in to 9 their unit, who they call for that? 10 A. They would call the front desk 11 or my cell phone directly. 12 Q. And, prior to you, who would 13 that have been? 14 A. That would have been the 15 previous resident manager. 16 Q. And, what's his name? 17 A. Shane O'Mahony. 18 Q. Is he still employed by the 19 Condominium? 20 A. No. 21 Q. Since your tenure at the 22 building has there ever been any 23 complaints about water leaking in to the 24 garage unit? 25 A. There has been reports of DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 14 November 2, 2021 1 K. GLENNON 2 standing water in the garage. 3 Q. Do you have any idea how that 4 standing water got there? 5 A. There's an ejector pump in one 6 of the drains, and sometimes it fails. 7 And, then when it fails, obviously, it 8 doesn't eject the water and it sits on 9 the floor of the garage. 10 Q. Have you ever been in the 11 garage unit? 12 A. Yes. 13 Q. Did you ever have occasion to 14 look at the ceiling? 15 A. Yes. 16 Q. Did you see any pieces of 17 plastic or anything affixed to the 18 ceiling to divert water intrusion? 19 A. Yes. 20 Q. And, when did you first see 21 that? 22 A. I couldn't say for certain. I 23 would say probably when I first started, 24 roughly. 25 Q. Could you see where the water DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 15 November 2, 2021 1 K. GLENNON 2 was coming from? 3 A. They were just installed, it 4 wasn't anything that I noticed or any 5 water ever on them. I just noticed them 6 in the ceiling of the garage. 7 Q. Did you see any peeling or 8 flaking paint on the ceiling of the 9 garage? 10 A. Not that I can recall. 11 Q. Can you describe the surface 12 of the garage floor? 13 A. It's concrete slab, smooth 14 concrete slab. There's portions of it 15 where there's some exposed stone. 16 Q. Is that concrete coated with 17 anything? 18 A. Not that I know of. I guess 19 you would call it polished concrete. 20 Q. Do you know if there's 21 anything like a silicone coating over the 22 concrete, or anything like that? 23 A. That, I don't know. 24 Q. Is there a current managing 25 agent for the building? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 Page 16 November 2, 2021 1 K. GLENNON 2 A. Yes. 3 Q. And, who's that? 4 A. That's Milford Management. 5 Q. And, have they continuously 6 been the managing agent since your tenure 7 there? 8 A. Yes. 9 Q. Do you know if any plumbing 10 work has been done on the walls or the 11 ceiling of the garage unit? 12 A. No. Not since I have been 13 here. 14 Q. Do you know if the condominium 15 unit uses a particular plumbing company 16 for work? 17 A. I'm sorry. When you say 18 condominium unit, do you mean commercial 19 unit? 20 Q. If the board of managers or 21 Milford Management uses a specific 22 plumbing contract? 23 A. There's no contract between 24 the building and any specific plumber. 25 We've used various plumbing over the last D