Preview
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 09/02/2022
EXHIBIT O
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 09/02/2022
RECEfVge 1MAR
March 15, 2022
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.
__________________________________________Ç
DATE: March 15, 2022
TIME: 10:02 A.M.
VIDEO CONFERENCE EXAMINATION
BEFORE TRIAL of the Defendant, MILFORD
MANAGEMENT, By a Witness, MAURICE MICHIELS,
taken by the respective parties, pursuant
to a Court Order, held at the above date
and time, before Jennifer Scirica, 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. 89 RECEIVED NYSCEF: 09/02/2022
Page 2
March 15, 2022
1 A P P E A R A N C E S:
2
3 HACH & ROSE, LLP
4 Attorneys for the Plaintiff
5 JESUS GERMAN
112 Madison Avenue 10th Floor
6 New York, New York 10016
BY: GEORGE ILCHERT, ESQ.
7
8 SMITH, MAZURE, DIRECTOR & WILKINS
9 Attorneys for the Defendant
333 RECTOR GARAGE LLC
10 200 Old Country Road
Mineola, New York 11501
11 BY: CAROL G. MOROKOFF, ESQ.
12
13 WILSON, ELSER, LLP
b Attorneys for the Defendant
14 BOARD OF MANAGERS
150 East 42nd Street
15 New York, New York 10017
BY: ALEX COHEN, ESQ.
16
17 EUSTACE, PREZIOSO & YAPCHANYK
18 Attorneys for the Defendant
MILFORD MANAGEMENT
19 55 Water Street 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. 89 RECEIVED NYSCEF: 09/02/2022
Page 3
March 15, 2022
1 VIDEO STIPS
2
3 IT IS HEREBY STIPULATED AND AGREED by
4 and between counsel for all parties present
5 that Pursuant to CPLR section 3113 (d) this
6 deposition is being conducted by
7 Videoconference, that the Court
B Reporter, all counsel, and the witness are
9 all in separate remote locations and
10 participating via Videoconference
11 (LegalView/Zoom/WebEx) meeting
12 under the control of Lexitas Court
13 Reporting Service, that the officer
14 administering the oath to the witness need
15 witness shall be sworn in remotely by the
16 Court Reporter after confirming the
17 witness's identity, that this
18 Videoconference will not be recorded in
19 any manner, and that any recording without
20 the express written consent of all parties
21 shall be considered unauthorized, in
22 violation of law, and shall not be used for
23 any purpose in this litigation or otherwise.
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 4
March 15, 2022
1 IT IS EORTHER STIPULATED that
2 exhibits may be marked by the attorney
3 presenting the exhibit to the witness, and
4 that a copy of any exhibit presented to a
5 witness shall be emailed to or otherwise in
6 possession of all counsel prior to any
7 questioning of a witness regarding the
8 exhibit in question. All parties shall bear
9 their own costs in the conduct of this
10 deposition by Videoconference, not
11 withstanding the obligation by the CPLR to
12 supply a copy of the transcript to the
13 deposed party by the taking party in Civil
14 Litigation matters.
15
16
17
18
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 5
March 15, 2022
1 221. UNIFORM RULES FOR THE
2 CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
4 (a) Objections in general. No objections
5 shall be made at a deposition except those
6 which, pursuant to subdivision (b), (c) or
7 (d) of Rule 3115 of the Civil Practice Law
8 and Rules, would be waived if not
9 interposed, and except in compliance with
10 subdivision (e) of such rule. All
11 objections made at a deposition shall be
12 noted by the officer before whom the
13 deposition is taken, and the answer shall
14 be given and the deposition shall proceed
15 subject to the objections and to the right
16 of a person to apply for appropriate relief
17 pursuant to Article 31 of the CPLR.
18 (b) Speaking objections restricted. Every
19 objection raised during a deposition shall
20 be stated succinctly and framed so as not
21 to suggest an answer to the deponent and,
22 at the request of the questioning attorney,
23 shall include a clear statement as to any
24 defect in form or other basis of error or
25 irregularity. Except to the extent
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 6
March 15, 2022
1 permitted by CPLR Rule 3115 or by this
2 rule, during the course of the examination
3 persons in attendance shall not make
4 statements or comments that interfere with
5 the questioning.
6 221.2 Refusal to answer when objection is
7 made. A deponent shall answer all questions
8 at a deposition, except (i) to preserve a
9 privilege or right of confidentiality, (ii)
10 to enforce a limitation set forth in an
11 order of the court, or (iii) when the
12 question is plainly improper and would, if
13 answered, cause significant prejudice to
14 any person. An attorney shall not direct
15 a deponent not to answer except as provided
16 in CPLR Rule 3115 or this subdivision.
17 Any refusal to answer or direction not to
18 answer shall be accompanied by a succinct
19 and clear statement of the basis therefor.
20 If the deponent does not answer a question,
21 the examining party shall have the right to
22 complete the remainder of the deposition.
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 7
March 15, 2022
1 221. UNIFORM RULES FOR THE
2 CONDUCT OF DEPOSITIONS
3
4 221.3 Communication with the deponent
5 An attorney shall not interrupt the
6 deposition for the purpose of communicating
7 with the deponent unless all parties
8 consent or the communication is made for
9 the purpose of determining whether the
10 question should not be answered on the
11 grounds set forth in section 221.2 of these
12 rules and, in such event, the reason for
13 the communication shall be stated for the
14 record succinctly and clearly.
15
16
17 IT IS FURTHER STIPULATED AND AGREED
18 that the transcript may be signed before
19 any Notary Public with the same force and
20 effect as if signed before a clerk or a
21 Judge of the court.
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 8
March 15, 2022
1 IT IS FURTHER STIPULATED AND AGREED
2 that the examination before trial may be
3 utilized for all purposes as provided by
4 the CPLR.
5
6
7 IT IS FURTHER STIPULATED AND AGREED
8 that all rights provided to all parties by
9 the CPLR cannot be deemed waived and the
10 appropriate sections of the CPLR shall be
11 controlling with respect hereto.
12
14 IT IS FURTHER STIPULATED AND AGREED
15 by and between the attorneys for the
16 respective parties hereto that a copy of
17 this examination shall be furnished,
18 without charge, to the attorneys
19 representing the witness testifying herein.
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 9
March 15, 2022
1 M. MICHIELS
2 M A U R I C E M I C H I E L S, called as a
3 witness, having been first duly sworn by a
4 Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. ILCHERT:
8 Q. Please state your name for the
9 record.
10 A. Maurice Michiels.
11 Q. What is your address?
12 A. 99 Battery Place, New York, New
13 York 10280.
14 Q. Good morning, my name is George
15 Ilchert, I am from Hatch and Rose and I
16 represent the Plaintiff in this action.
17 I'm going to ask you several
18 questions about a building in Lower
19 Manhattan known as 333 Rector Place. If at
20 any time I ask you a question that you
21 don't understand, please stop me and I'll
22 gladly rephrase it. If you have to take a
23 break for any reason just please let us
24 know.
25 All of your answers have to be
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 10
March 15, 2022
1 M. MICHIELS
2 oral so the Court Reporter can take them
3 down, she can't take down a nod of the head
4 or wink of an eye or anything like that,
5 okay?
6 A. Understood.
7 Q. The address that you gave 99
8 Battery Place, do you have an office in
9 that building?
10 A. I do.
11 Q. Where is it located in the
12 building?
13 A. Retail level.
14 Q. Street level?
15 A. Street level.
16 Q. Is there like a sign on the
17 front Milford Management or something?
18 A. Yes, there is.
19 Q. Are you currently employed?
20 A. Yes, I am.
21 Q. By whom?
22 A. Milford Management.
23 Q. For how long have you been
24 employed them?
25 A. Since May of 2021.
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 11
March 15, 2022
1 M. MICHIELS
2 Q. What is your position with that
3 firm?
4 A. Regional Portfolio Manager.
5 Q. Do any of those buildings
6 encompass in that Portfolio, encompass the
7 building in question here?
8 A. Yes, it does.
9 Q. Who had your position before
10 you did?
11 A. I believe his name was Darryl
12 Rankin.
13 Q. What are your duties in that
14 position?
15 A. My duties are day to day, there
16 is a lot of administrative work, so there
17 is budgeting, communication with the Super,
18 various buildings where they are synonymous
19 with Resident Manager, communication with
20 the Boards of the various buildings and
21 communication with tenants and doing sales
22 and leasing transactions.
23 Q. The building, what type of
24 building is it; condominium, co-op or
25 something else?
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 12
March 15, 2022
1 M. MICHIELS
2 A. Building is a condominium.
3 Q. How many units, residential
4 units?
5 A. 174 residential units and, I
6 believe, one Super unit.
7 Q. What is the Super unit?
8 A. It's where the Resident Manager
9 lives.
10 Q. Is there a parking garage in
11 that building?
12 A. There is a parking garage in
13 that building, yes.
14 Q. Is that a condominium unit or
15 is that leased to them or something else?
16 A. Parking garage is, my
17 understanding, third-party owner owned and
18 managed.
19 Q. Who is that owner?
20 A. I don't know, I'm sorry.
21 Q. Did you review any documents
22 before coming to testify today?
23 A. No, I did not.
24 Q. The records that are maintained
25 by Milford with respect to this 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. 89 RECEIVED NYSCEF: 09/02/2022
Page 13
March 15, 2022
1 M. MICHIELS
2 where would they be maintained?
3 A. Records would be in files or
4 electronic, so electronic files.
5 Q. What is contained in the paper
6 files?
7 A. Typically paper files would be,
8 like, leases, sales transactions, things of
9 that order that would require original
10 signatures and, you know, sometimes
11 contracts if they come up for maintenance.
12 Q. The prior manager, do you know
13 where he works now?
14 A. I do not.
15 Q. Now, I'm asking a couple of
16 questions about the plumbing of the
17 buildings in particular with regards to the
18 parking garage. Are you familiar with that
19 set up at all?
20 A. No, I'm not.
21 Q. Your time as a Resident
22 Manager, have you seen any records
23 regarding complaints about the plumbing,
24 specifically, the drains in the parking
25 garage?
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 14
March 15, 2022
1 M. MICHIELS
2 A. No, no issues with plumbing or
3 drainage to come up since I've been here.
4 Q. Milford Management's
5 arrangement -- is that pursuant to a
6 written contract?
7 A. I do apologize, you broke up
8 there.
9 Q. Is there a written contract for
10 the management of the building with the
11 owner?
12 A. Yes, with the Board of Managers
13 and Milford Management there is a written
14 contract.
15 Q. Have you ever seen the
16 contract?
17 A. I have not seen the contract.
18 Q. If there are building
19 violations issued for the building, who
20 takes care of that?
21 A. Depending on the violation,
22 typically, Milford Management would
23 facilitate the correction of the violation.
24 Q. Would they do that themselves,
25 hire an expeditor or something else?
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 15
March 15, 2022
1 M. MICHIELS
2 A. Sometimes they would do it
3 themselves, ourselves, I apologize, and
4 sometimes we would hire an expeditor
5 depending on the level of expertise.
6 Q. Are you aware of any repairs
7 made to the drains, water pipes or plumbing
8 in the parking garage for the three year
9 prior to February 2nd of 2018?
10 A. No, I am not.
11 Q. Have you ever been in the
12 parking garage?
13 A. Yes, I have.
14 Q. How often?
15 A. Three, maybe four times since
16 I've been here.
17 Q. Have you ever been there when
18 it was raining?
19 A. Yes.
20 Q. Did you ever see any water
21 leaking from the ceiling or the pipes?
22 A. I did not witness anything
23 coming from the ceiling or the pipes, any
24 water coming down, no.
25 Q. If Milford Management receives
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 16
March 15, 2022
1 M. MICHIELS
2 a complaint from the tenant, in particular,
3 the parking garage unit occupier about the
4 plumbing, how do you handle it?
5 A. I apologize, the garage is not
6 a tenant, the garage is owned by the
7 garage.
8 Q. I'm sorry. When you receive a
9 complaint from the garage regarding the
10 plumbing, what do you do with that
11 complaint?
12 A. We have not received one since
13 I've been here, but if we received a
14 complaint, we would definitely go in and
15 investigate the complaint.
16 Q. Was there one particular
17 plumbing contractor that you would use?
18 A. No single contractor,
19 typically, it really depends on the type of
20 work and the scope.
21 Q. Are you familiar with the firm
22 New York Plumbing?
23 A. I am not, I have not worked
24 with them.
25 Q. Have you seen any written
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. 89 RECEIVED NYSCEF: 09/02/2022
Page 17
March 15, 2022
1 M. MICHIELS
2 incidents or accident reports regarding
3 Mr. German's accident?
4 A. I have not.
5 Q. Do you know the names of any
6 witnesses to the accident?
7 A. I do not.
8 MR. ILCHERT: I have no further
9 questions, thank you for your time.
10 A. I really appreciate it, thank
11 you.
12 EXAMINATION BY
13 MS. MOROKOFF:
14 Q. Sir, my name is Carol Morokoff,
15 I'm an attorney and I practice with Smith
16 Mazure and we represent 333 Rector Garage
17 LLC in this particular matter.
18 The rules are just exactly the
19 same as prior counsel told you about,
20 you're doing a fab
Preview
FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 09/02/2022 EXHIBIT O FILED: NEW YORK COUNTY CLERK 09/02/2022 09:51 AM INDEX NO. 157393/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 09/02/2022 RECEfVge 1MAR March 15, 2022 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. __________________________________________Ç DATE: March 15, 2022 TIME: 10:02 A.M. VIDEO CONFERENCE EXAMINATION BEFORE TRIAL of the Defendant, MILFORD MANAGEMENT, By a Witness, MAURICE MICHIELS, taken by the respective parties, pursuant to a Court Order, held at the above date and time, before Jennifer Scirica, 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 2 March 15, 2022 1 A P P E A R A N C E S: 2 3 HACH & ROSE, LLP 4 Attorneys for the Plaintiff 5 JESUS GERMAN 112 Madison Avenue 10th Floor 6 New York, New York 10016 BY: GEORGE ILCHERT, ESQ. 7 8 SMITH, MAZURE, DIRECTOR & WILKINS 9 Attorneys for the Defendant 333 RECTOR GARAGE LLC 10 200 Old Country Road Mineola, New York 11501 11 BY: CAROL G. MOROKOFF, ESQ. 12 13 WILSON, ELSER, LLP b Attorneys for the Defendant 14 BOARD OF MANAGERS 150 East 42nd Street 15 New York, New York 10017 BY: ALEX COHEN, ESQ. 16 17 EUSTACE, PREZIOSO & YAPCHANYK 18 Attorneys for the Defendant MILFORD MANAGEMENT 19 55 Water Street 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 3 March 15, 2022 1 VIDEO STIPS 2 3 IT IS HEREBY STIPULATED AND AGREED by 4 and between counsel for all parties present 5 that Pursuant to CPLR section 3113 (d) this 6 deposition is being conducted by 7 Videoconference, that the Court B Reporter, all counsel, and the witness are 9 all in separate remote locations and 10 participating via Videoconference 11 (LegalView/Zoom/WebEx) meeting 12 under the control of Lexitas Court 13 Reporting Service, that the officer 14 administering the oath to the witness need 15 witness shall be sworn in remotely by the 16 Court Reporter after confirming the 17 witness's identity, that this 18 Videoconference will not be recorded in 19 any manner, and that any recording without 20 the express written consent of all parties 21 shall be considered unauthorized, in 22 violation of law, and shall not be used for 23 any purpose in this litigation or otherwise. 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 4 March 15, 2022 1 IT IS EORTHER STIPULATED that 2 exhibits may be marked by the attorney 3 presenting the exhibit to the witness, and 4 that a copy of any exhibit presented to a 5 witness shall be emailed to or otherwise in 6 possession of all counsel prior to any 7 questioning of a witness regarding the 8 exhibit in question. All parties shall bear 9 their own costs in the conduct of this 10 deposition by Videoconference, not 11 withstanding the obligation by the CPLR to 12 supply a copy of the transcript to the 13 deposed party by the taking party in Civil 14 Litigation matters. 15 16 17 18 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 5 March 15, 2022 1 221. UNIFORM RULES FOR THE 2 CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions 4 (a) Objections in general. No objections 5 shall be made at a deposition except those 6 which, pursuant to subdivision (b), (c) or 7 (d) of Rule 3115 of the Civil Practice Law 8 and Rules, would be waived if not 9 interposed, and except in compliance with 10 subdivision (e) of such rule. All 11 objections made at a deposition shall be 12 noted by the officer before whom the 13 deposition is taken, and the answer shall 14 be given and the deposition shall proceed 15 subject to the objections and to the right 16 of a person to apply for appropriate relief 17 pursuant to Article 31 of the CPLR. 18 (b) Speaking objections restricted. Every 19 objection raised during a deposition shall 20 be stated succinctly and framed so as not 21 to suggest an answer to the deponent and, 22 at the request of the questioning attorney, 23 shall include a clear statement as to any 24 defect in form or other basis of error or 25 irregularity. Except to the extent 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 6 March 15, 2022 1 permitted by CPLR Rule 3115 or by this 2 rule, during the course of the examination 3 persons in attendance shall not make 4 statements or comments that interfere with 5 the questioning. 6 221.2 Refusal to answer when objection is 7 made. A deponent shall answer all questions 8 at a deposition, except (i) to preserve a 9 privilege or right of confidentiality, (ii) 10 to enforce a limitation set forth in an 11 order of the court, or (iii) when the 12 question is plainly improper and would, if 13 answered, cause significant prejudice to 14 any person. An attorney shall not direct 15 a deponent not to answer except as provided 16 in CPLR Rule 3115 or this subdivision. 17 Any refusal to answer or direction not to 18 answer shall be accompanied by a succinct 19 and clear statement of the basis therefor. 20 If the deponent does not answer a question, 21 the examining party shall have the right to 22 complete the remainder of the deposition. 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 7 March 15, 2022 1 221. UNIFORM RULES FOR THE 2 CONDUCT OF DEPOSITIONS 3 4 221.3 Communication with the deponent 5 An attorney shall not interrupt the 6 deposition for the purpose of communicating 7 with the deponent unless all parties 8 consent or the communication is made for 9 the purpose of determining whether the 10 question should not be answered on the 11 grounds set forth in section 221.2 of these 12 rules and, in such event, the reason for 13 the communication shall be stated for the 14 record succinctly and clearly. 15 16 17 IT IS FURTHER STIPULATED AND AGREED 18 that the transcript may be signed before 19 any Notary Public with the same force and 20 effect as if signed before a clerk or a 21 Judge of the court. 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 8 March 15, 2022 1 IT IS FURTHER STIPULATED AND AGREED 2 that the examination before trial may be 3 utilized for all purposes as provided by 4 the CPLR. 5 6 7 IT IS FURTHER STIPULATED AND AGREED 8 that all rights provided to all parties by 9 the CPLR cannot be deemed waived and the 10 appropriate sections of the CPLR shall be 11 controlling with respect hereto. 12 14 IT IS FURTHER STIPULATED AND AGREED 15 by and between the attorneys for the 16 respective parties hereto that a copy of 17 this examination shall be furnished, 18 without charge, to the attorneys 19 representing the witness testifying herein. 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 9 March 15, 2022 1 M. MICHIELS 2 M A U R I C E M I C H I E L S, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. ILCHERT: 8 Q. Please state your name for the 9 record. 10 A. Maurice Michiels. 11 Q. What is your address? 12 A. 99 Battery Place, New York, New 13 York 10280. 14 Q. Good morning, my name is George 15 Ilchert, I am from Hatch and Rose and I 16 represent the Plaintiff in this action. 17 I'm going to ask you several 18 questions about a building in Lower 19 Manhattan known as 333 Rector Place. If at 20 any time I ask you a question that you 21 don't understand, please stop me and I'll 22 gladly rephrase it. If you have to take a 23 break for any reason just please let us 24 know. 25 All of your answers have to be 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 10 March 15, 2022 1 M. MICHIELS 2 oral so the Court Reporter can take them 3 down, she can't take down a nod of the head 4 or wink of an eye or anything like that, 5 okay? 6 A. Understood. 7 Q. The address that you gave 99 8 Battery Place, do you have an office in 9 that building? 10 A. I do. 11 Q. Where is it located in the 12 building? 13 A. Retail level. 14 Q. Street level? 15 A. Street level. 16 Q. Is there like a sign on the 17 front Milford Management or something? 18 A. Yes, there is. 19 Q. Are you currently employed? 20 A. Yes, I am. 21 Q. By whom? 22 A. Milford Management. 23 Q. For how long have you been 24 employed them? 25 A. Since May of 2021. 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 11 March 15, 2022 1 M. MICHIELS 2 Q. What is your position with that 3 firm? 4 A. Regional Portfolio Manager. 5 Q. Do any of those buildings 6 encompass in that Portfolio, encompass the 7 building in question here? 8 A. Yes, it does. 9 Q. Who had your position before 10 you did? 11 A. I believe his name was Darryl 12 Rankin. 13 Q. What are your duties in that 14 position? 15 A. My duties are day to day, there 16 is a lot of administrative work, so there 17 is budgeting, communication with the Super, 18 various buildings where they are synonymous 19 with Resident Manager, communication with 20 the Boards of the various buildings and 21 communication with tenants and doing sales 22 and leasing transactions. 23 Q. The building, what type of 24 building is it; condominium, co-op or 25 something else? 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 12 March 15, 2022 1 M. MICHIELS 2 A. Building is a condominium. 3 Q. How many units, residential 4 units? 5 A. 174 residential units and, I 6 believe, one Super unit. 7 Q. What is the Super unit? 8 A. It's where the Resident Manager 9 lives. 10 Q. Is there a parking garage in 11 that building? 12 A. There is a parking garage in 13 that building, yes. 14 Q. Is that a condominium unit or 15 is that leased to them or something else? 16 A. Parking garage is, my 17 understanding, third-party owner owned and 18 managed. 19 Q. Who is that owner? 20 A. I don't know, I'm sorry. 21 Q. Did you review any documents 22 before coming to testify today? 23 A. No, I did not. 24 Q. The records that are maintained 25 by Milford with respect to this 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 13 March 15, 2022 1 M. MICHIELS 2 where would they be maintained? 3 A. Records would be in files or 4 electronic, so electronic files. 5 Q. What is contained in the paper 6 files? 7 A. Typically paper files would be, 8 like, leases, sales transactions, things of 9 that order that would require original 10 signatures and, you know, sometimes 11 contracts if they come up for maintenance. 12 Q. The prior manager, do you know 13 where he works now? 14 A. I do not. 15 Q. Now, I'm asking a couple of 16 questions about the plumbing of the 17 buildings in particular with regards to the 18 parking garage. Are you familiar with that 19 set up at all? 20 A. No, I'm not. 21 Q. Your time as a Resident 22 Manager, have you seen any records 23 regarding complaints about the plumbing, 24 specifically, the drains in the parking 25 garage? 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 14 March 15, 2022 1 M. MICHIELS 2 A. No, no issues with plumbing or 3 drainage to come up since I've been here. 4 Q. Milford Management's 5 arrangement -- is that pursuant to a 6 written contract? 7 A. I do apologize, you broke up 8 there. 9 Q. Is there a written contract for 10 the management of the building with the 11 owner? 12 A. Yes, with the Board of Managers 13 and Milford Management there is a written 14 contract. 15 Q. Have you ever seen the 16 contract? 17 A. I have not seen the contract. 18 Q. If there are building 19 violations issued for the building, who 20 takes care of that? 21 A. Depending on the violation, 22 typically, Milford Management would 23 facilitate the correction of the violation. 24 Q. Would they do that themselves, 25 hire an expeditor or something else? 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 15 March 15, 2022 1 M. MICHIELS 2 A. Sometimes they would do it 3 themselves, ourselves, I apologize, and 4 sometimes we would hire an expeditor 5 depending on the level of expertise. 6 Q. Are you aware of any repairs 7 made to the drains, water pipes or plumbing 8 in the parking garage for the three year 9 prior to February 2nd of 2018? 10 A. No, I am not. 11 Q. Have you ever been in the 12 parking garage? 13 A. Yes, I have. 14 Q. How often? 15 A. Three, maybe four times since 16 I've been here. 17 Q. Have you ever been there when 18 it was raining? 19 A. Yes. 20 Q. Did you ever see any water 21 leaking from the ceiling or the pipes? 22 A. I did not witness anything 23 coming from the ceiling or the pipes, any 24 water coming down, no. 25 Q. If Milford Management receives 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 16 March 15, 2022 1 M. MICHIELS 2 a complaint from the tenant, in particular, 3 the parking garage unit occupier about the 4 plumbing, how do you handle it? 5 A. I apologize, the garage is not 6 a tenant, the garage is owned by the 7 garage. 8 Q. I'm sorry. When you receive a 9 complaint from the garage regarding the 10 plumbing, what do you do with that 11 complaint? 12 A. We have not received one since 13 I've been here, but if we received a 14 complaint, we would definitely go in and 15 investigate the complaint. 16 Q. Was there one particular 17 plumbing contractor that you would use? 18 A. No single contractor, 19 typically, it really depends on the type of 20 work and the scope. 21 Q. Are you familiar with the firm 22 New York Plumbing? 23 A. I am not, I have not worked 24 with them. 25 Q. Have you seen any written 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. 89 RECEIVED NYSCEF: 09/02/2022 Page 17 March 15, 2022 1 M. MICHIELS 2 incidents or accident reports regarding 3 Mr. German's accident? 4 A. I have not. 5 Q. Do you know the names of any 6 witnesses to the accident? 7 A. I do not. 8 MR. ILCHERT: I have no further 9 questions, thank you for your time. 10 A. I really appreciate it, thank 11 you. 12 EXAMINATION BY 13 MS. MOROKOFF: 14 Q. Sir, my name is Carol Morokoff, 15 I'm an attorney and I practice with Smith 16 Mazure and we represent 333 Rector Garage 17 LLC in this particular matter. 18 The rules are just exactly the 19 same as prior counsel told you about, 20 you're doing a fab