Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
"I"
EXHIBIT
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page l]
June 26, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
___--------__----------__________________________Ç
VICTOR CALDERON,
Plaintiff,
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC., CHRISTINA FALGIANO and
J.K.S., INC. d/b/a J&K LANDSCAPING,
Defendants.
Index No. 152018/20
_________________________________________________Ç
May 19, 2022
12:15 p.m.
EXAMINATION BEFORE TRIAL of SHERYL
IAVARONE, the Defendant in the above-entitled
action, held at the above time via video
conference, taken before Josephine Giordano, a
Stenotype Reporter and Notary Public of the
State of New York, pursuant to a Court Reporter
and stipulations between counsel.
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 2]
June 26, 2022
(1) A P P E A R A N C E S :
(2)
(3) CHELLI & BUSH
(4) Attorneys for Plaintiff
(5) 149 New Dorp Lane
Staten Island, New York 10306
(6) BY: JOSEPH D'AGOSTINO, ESQ.
(7)
(8) FULLERTON BECK, LLP
Attorneys for Defendant
(9) HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC.
(10) One West Red Oak Lane
White Plains, New York 10604
(11) BY: ANGELO BIANCO, ESQ.
(12) File #: 113-153
(13)
NICOLINI, PARADISE, FERRETTI & SABELLA, ESQS.
(14) Attorneys for Defendant
CHRISTINA FALGIANO
(15) 114 Old Country Road, Suite 500
Mineola, New York 11501
(16) BY: ANTHONY ABRUSCATI, ESQ.
(17) File #: 20-217 JN
.(18)
(19) PILLINGER, MILLER, TARALLO, ESQ.
Attorney for Defendant
(20) J.K.S., INC. d/b/a J&K LANDSCAPING
555 Taxter Road, 5th Floor
(21) Elmsford, New York 10523
(22) BY: JAMES ROMER, ESQ.
File #: TMB-ERIE-00216/JCM
(23)
(24)
(25)
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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June 26, 2022
(1) STIPULATIONS
(2)
(3) IT IS HEREBY STIPULATED AND
(4) AGREED by and between(among) counsel for the
(5) respective parties hereto, that;
(6)
(7) All rights provided by the
(8) C.P.L.R., including the right to object to any
(9) question, except as to form, or to move to strike
(10) any testimony at this (these) examination(s), are
(11) reserved, and, in addition, the failure to object
(12) to any question or to move to strike any testimony
(13) at this(these) examination(s) shall not be a bar
(14) or waiver to make such motion at, and is reserved
(15) for the trial of this action;
(16)
(17) IT IS FURTHER STIPULATED AND
(18) AGREED by and between(among) counsel for the
(19) respective parties hereto, that this(these)
(20) examination(s) may be sworn to by the witness(es)
(21) being examined, before a Notary Public other than
(22) the Notary Public before whom this(these)
(23) examination(s) was (were) begun; but the failure
(24) to do so, or to return the original of this(these)
(25) examination(s) to counsel, shall not be deemed a
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 4]
June 26, 2022
(1) waiver of the rights provided by Rules 3116 and
(2) 3117 of the C.P.L.R., and shall be controlled
(3) thereby;
(4)
(5) IT IS FURTHER STIPULATED AND
(6) AGREED by and between(among) counsel for the
(7) respective parties hereto, that this(these)
(8) examination(s) may be utilized for all purposes as
(9) provided by the C.P.L.R.;
(10)
(11) IT IS FURTHER STIPULATED AND
(12) AGREED by and between(among) counsel for the
(13) respective parties hereto, that the filing and
(14) certification of the original of this(these)
(15) examination(s) shall be and the same hereby are
(16) waived;
(17)
(18) IT IS FURTHER STIPULATED AND
(19) AGREED by and between (among) counsel for the
(20) respective parties hereto, that a copy of the
witness' shall be furnished to
(21) examination(s)
(22) counsel representing the witness(es) testifying,
(23) without charge.
(24)
(25)
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 5]
June 26, 2022
(1) IT IS FURTHER STIPULATED AND
(2) AGREED by and between(among) counsel for the
(3) respective parties hereto, that all rights
(4) provided by the C.P.L.R., and Part 221 of the
(5) Uniform Rules for the Conduct of Depositions,
(6) including the right to object to any question,
(7) except as to form, or to move to strike any
(8) testimony at this examination is reserved; and in
(9) addition, the failure to object to any question or
(10) to move to strike any testimony at this
(11) examination shall not be a bar or waiver to make
(12) such motion at, and is reserved to, the trial of
(13) th i s a c t i o n ;
(14)
(15)
(16)
(17)
(18 )
(1.9)
(20)
(21)
(22)
(23)
(24)
(25)
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 6]
June 26, 2022
(1) ZOOM STIPULATIONS
(2)
(3) IT IS HEREBY STIPULATED AND
(4) AGREED by and between counsel for all parties
(5) present that Pursuant to CPLR section 3113(d) this
(6) deposition is being conducted by video conference,
(7) that the court reporter, all counsel, and the
(8) witness are all in separate remote locations and
(9) participating via Videoconference (LegalView/Zoom)
(10) meeting under the control of Lexitas Court
(11) Reporting Service, that the officer administering
(12) the oath to the witness need not be in the place
(13) of the deposition and the witness shall be sworn
(14) in remotely by the court reporter after confirming
(15) the witness's identity, that this videoconference
(16) will not be recorded in any manner, and that any
(17) recording without the express written consent of
(18) all parties shall be considered unauthorized, in
(19) violation of law, and shall not be used for any
(20) purpose in this litigation or otherwise.
(21)
(22)
(23)
(24)
(25)
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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June 26, 2022
(1) IT IS FURTHER STIPULATED that
(2) exhibits may be marked by the attorney presenting
(3) the exhibit to the witness, and that a copy of any
(4) exhibit presented to a witness shall be e-mailed
(5) to or otherwise in possession of all counsel prior
(6) to any questioning of a witness regarding the
(7) exhibit in question. All parties shall bear their
(8) own costs in the conduct of this deposition by
(9) video conference, not withstanding the obligation
(10) by CPLR to supply a copy of the transcript to the
(11) deposed party by the taking party in civil
(12) litigation matters.
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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June 26, 2022
(1)
(2) S H E R Y L I A V A R O N E,
(3) The witness herein, having first been
(4) duly sworn by a Notary Public in and for the
(5) State of New York, was examined and testified
(6) as fo11ows :
(7) BY THE COURT REPORTER:
(8) Q. Please state your name for the
(9) record.
(10) A. Sheryl Iavarone.
(11) Q. Please state your address for the
(12) record.
(13) A. Business address is 1610 Richmond
(14) Road, Staten Island, New York 10304.
(15) MR. ABRUSCATI: I will be
(16) requesting a copy of the transcript.
(17) MR. ROMER: I also will be
(18) requesting one.
(19) EXAMINAT I ON BY
(20) MR. D'AGOSTINO:
(21) Q. Good afternoon, Ms. Iavarone. My
(22) name is Joseph D'Agostino. I'm an attorney with
(23) the firm of Chelli & Bush. I represent the
(24) plaintiff, Mr. Calderone, in this lawsuit. I'm
(25) going to ask you a series of questions here today.
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 9]
June 26, 2022
(1) SHERYL IAVARONE
(2) We please ask you that you abide by the rules,
(3) which will enable everyone to do their jobs more
(4) efficiently.
(5) The first and most important rule
(6) that you need to pause a second or two between
(7) hearing my question and starting your answer.
(8) That will allow the court reporter to do her job,
(9) and Ms. Giordano has a difficult job. If we were
(10) all present in the same room a deposition office
(11) like in the old days, if she didn't like what you
(12) did, she'd reach under the table and she could
(13) kick you if she wanted to. We can't do that
(14) today. So you have to remember pause that second
(15) or two. That will allow Ms. Giordano to take down
(16) what everyone says. If we cross talk, it becomes
(17) very difficult.
(18) The second thing that pausing a
(19) second or two does is, it permits your attorney
(20) who is here to protect you and your employer in
(21) this lawsuit. So if you start to talk before he
(22) has the opportunity to say the magic word, and the
(23) magic word in this case in any other that I've
(24) been involved with is objection. So allow your
(25) attorney to do his job by pausing that second.
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 10]
June 26, 2022
(1) SHERYL IAVARONE
(2) Understood?
(3) A. Yes.
(4) Q. I know you're sick. I'm ill, as
(5) well. So please, take your time. I will not rush
(6) you. I'll try and be very deliberate. If you
(7) need a break at any, we'll be happy to
(8) accommodate. If you need to blow your nose, get a
(9) drink of water, if you need to use the restroom or
(10) for any reason, we will accommodate you. But,
(11) please, the one thing we ask is that you do not
(12) take a break before you answer a pending question.
(13) Understood?
(14) A. Yes.
(15) Q. Have you ever been deposed before?
(16) A. Once.
(17) MR. D'AGOSTINO: Off the
(18) question.
(19) (Whereupon, a discussion was
(20) held off the record.)
(21) MR. D'AGOSTINO: Back on the
(22) record.
(23) Q. So you under the general procedure.
(24) I get to ask you questions, the other attorneys
(25) get to ask you questions and you get to give
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 11]
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(1) SHERYL IAVARONE
(2) answers; correct?
(3) A. Yes.
(4) Q. Okay. Good. Whom are you employed
(5) by?
(6) A. Island Condo LLC.
(7) Q. What do you do for Island Condo, LLC?
(8) A. I'm a property manager.
(9) Q. What affiliation does Island Condo,
(10) LLC have, if any, to the property located at 21
(11) Garth Court, Staten Island, New York 10306?
(12) A. We manage it. It's Holiday Villas.
(13) Q. When you say it's Holiday Villas, are
(14) you referring to the fact that your opinion
(15) Holiday Villas is the owner and your company,
(16) Island Condo, LLC manages the property on behalf
(17) of Holiday Villas?
(18) A. Yes.
(19) Q. Do you know who, in fact, owns the
(20) property?
(21) A. It's a corporation.
(22) Q. Okay. That's fine. I don't want you
(23) to guess.
(24) You just know that your company
(25) manages the property on behalf of Holiday Villas
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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(1) SHERYL IAVARONE
(2) and you're not certain as to who exactly is the
(3) owner of record; correct?
(4) A. Yes.
(5) Q. If I put words in your mouth, please
(6) correct. I don't mean to do that. All right?
(7) I'm just trying to speed things up here.
(8) How long have you worked for Island
(9) Condo, LLC?
(10) A. 2004 to 2008. 2012 to now.
(11) Q. What are your duties and
(12) responsibilities as property manager?
(13) A. To take all complaints. To go out to
(14) the property, visit it, normally, once a week.
(15) There's a pool there. I have to take care of all
(16) the pool. I do the vendors that they request to
(17) get proposals from for any work that's needed for
(18) their approval.
(19) Q. Twenty-one Garth Court is a property
(20) located within Holiday Villas at Oakwood; correct?
(21) A. Correct.
(22) Q. Is it your understanding that this is
(23) a condominium or something else?
(24) A. It's a homeowners association.
(25) Q. Are there certain areas that you're
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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June 26, 2022
(1) SHERYL IAVARONE
(2) aware of which are deemed to be common areas?
(3) A. Yes.
(4) Q. Are the front lawns and walkways,
(5) specifically, the one in front of 21 Garth Court,
(6) common areas, to your knowledge?
(7) A. Yes.
(8) Q. Just understand this. I'm not asking
(9) you an interpretation of anything. I'm just
(3-0) asking you in your opinion as a property manager
(11) whether that's a common area, and I believe you
(12) just said yes; correct?
(13) A. Yes.
(14) Q. Who would be responsible for
(15) maintaining the common areas in front of 21 Garth
(16) Court back on May 25th, 2020, if you know?
(17) A. Holiday Villas at Oakwood.
(18) MR. BIANCO: Can you read back
(19) the question, please?
(20) (Whereupon, the requested
(21) question was read back by the
(22) reporter.)
(23) Q. Is there some sort of a written
(24) agreement between Island Condo, LLC as manager
(25) property manager and another entity as owner?
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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(1) SHERYL IAVARONE
(2) A. I don't know.
(3) Q. Okay. Have you reviewed any
(4) documents before coming to the deposition today?
(5) A. No.
(6) Q. I forgot to ask you this before.
(7) Please forgive me.
(8) Where are you located right now
(9) physically?
(10) A. My home.
(11) Q. I don't want to know your address.
(12) You gave us your business address. That's fine.
(13) Is anyone in the room with you as
(14) you're giving this deposition?
(15) A. No.
(16) Q. As a property manager on behalf of
(17) Island Condo, LLC, for how long have you been
(18) responsible for the properties located within
(19) Holiday Villas at Oakwood?
(20) A. 2004 to 2008. 2012 to current.
(21) Q. Can you give me a general description
(22) as to the property or properties that are located
(23) within the area you now manage; are they
(24) single-story, double-story, are they
(25) semi-connected, are they freestanding buildings,
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
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(1) SHERYL IAVARONE
(2) what are they?
(3) A. They're cluster homes and they are
(4) two stories. Some have a basement.
(5) Q. Are they semi-attached, generally?
(6) A. They're clusters.
(7) Q. What do you mean by cluster?
(8) A. They're, say, four to six and then
(9) back to others. --
piggy They
Q. Okay. When you -- I'm sorry. I
(10) say
(11) don't mean to interrupt.
(12) When you say there are four to six,
(13) do you mean that there are four to six addressed
(14) units connected to each other?
(15) A. Yes.
(16) MR. D'AGOSTINO: Off the record.
(17) (Whereupon, a discussion was
(18) . held off the record.)
(19) MR. D'AGOSTINO: Back on the
(20) record.
(21) Q. You mentioned that there's a pool,
(22) you also mentioned that there's common areas, and
(23) you mentioned there was a common area in front of
(24) 21 Garth Court; correct?
(25) A. Correct.
Lexitas Court Reporting
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022
[Page 16]
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(1) SHERYL IAVARONE
(2) Q. That common consists of a lawn; is
(3) that fair?
(4) A. yes.
(5) Q. So it would be dirt, grass, some
(6) shrubbery and a walkway; is that fair?
(7) A. No.
(8) Q. No shrubbery?
(9) A. The shrubbery is the homeowner's
(10) responsibility.
(11) Q. Thank you that would be my next
(12) question.
(13) So there is shrubbery, but the
(14) shrubbery would not be a common area that would be
Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 "I" EXHIBIT FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page l] June 26, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ___--------__----------__________________________Ç VICTOR CALDERON, Plaintiff, -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., CHRISTINA FALGIANO and J.K.S., INC. d/b/a J&K LANDSCAPING, Defendants. Index No. 152018/20 _________________________________________________Ç May 19, 2022 12:15 p.m. EXAMINATION BEFORE TRIAL of SHERYL IAVARONE, the Defendant in the above-entitled action, held at the above time via video conference, taken before Josephine Giordano, a Stenotype Reporter and Notary Public of the State of New York, pursuant to a Court Reporter and stipulations between counsel. Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 2] June 26, 2022 (1) A P P E A R A N C E S : (2) (3) CHELLI & BUSH (4) Attorneys for Plaintiff (5) 149 New Dorp Lane Staten Island, New York 10306 (6) BY: JOSEPH D'AGOSTINO, ESQ. (7) (8) FULLERTON BECK, LLP Attorneys for Defendant (9) HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. (10) One West Red Oak Lane White Plains, New York 10604 (11) BY: ANGELO BIANCO, ESQ. (12) File #: 113-153 (13) NICOLINI, PARADISE, FERRETTI & SABELLA, ESQS. (14) Attorneys for Defendant CHRISTINA FALGIANO (15) 114 Old Country Road, Suite 500 Mineola, New York 11501 (16) BY: ANTHONY ABRUSCATI, ESQ. (17) File #: 20-217 JN .(18) (19) PILLINGER, MILLER, TARALLO, ESQ. Attorney for Defendant (20) J.K.S., INC. d/b/a J&K LANDSCAPING 555 Taxter Road, 5th Floor (21) Elmsford, New York 10523 (22) BY: JAMES ROMER, ESQ. File #: TMB-ERIE-00216/JCM (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 3] June 26, 2022 (1) STIPULATIONS (2) (3) IT IS HEREBY STIPULATED AND (4) AGREED by and between(among) counsel for the (5) respective parties hereto, that; (6) (7) All rights provided by the (8) C.P.L.R., including the right to object to any (9) question, except as to form, or to move to strike (10) any testimony at this (these) examination(s), are (11) reserved, and, in addition, the failure to object (12) to any question or to move to strike any testimony (13) at this(these) examination(s) shall not be a bar (14) or waiver to make such motion at, and is reserved (15) for the trial of this action; (16) (17) IT IS FURTHER STIPULATED AND (18) AGREED by and between(among) counsel for the (19) respective parties hereto, that this(these) (20) examination(s) may be sworn to by the witness(es) (21) being examined, before a Notary Public other than (22) the Notary Public before whom this(these) (23) examination(s) was (were) begun; but the failure (24) to do so, or to return the original of this(these) (25) examination(s) to counsel, shall not be deemed a Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 4] June 26, 2022 (1) waiver of the rights provided by Rules 3116 and (2) 3117 of the C.P.L.R., and shall be controlled (3) thereby; (4) (5) IT IS FURTHER STIPULATED AND (6) AGREED by and between(among) counsel for the (7) respective parties hereto, that this(these) (8) examination(s) may be utilized for all purposes as (9) provided by the C.P.L.R.; (10) (11) IT IS FURTHER STIPULATED AND (12) AGREED by and between(among) counsel for the (13) respective parties hereto, that the filing and (14) certification of the original of this(these) (15) examination(s) shall be and the same hereby are (16) waived; (17) (18) IT IS FURTHER STIPULATED AND (19) AGREED by and between (among) counsel for the (20) respective parties hereto, that a copy of the witness' shall be furnished to (21) examination(s) (22) counsel representing the witness(es) testifying, (23) without charge. (24) (25) Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 5] June 26, 2022 (1) IT IS FURTHER STIPULATED AND (2) AGREED by and between(among) counsel for the (3) respective parties hereto, that all rights (4) provided by the C.P.L.R., and Part 221 of the (5) Uniform Rules for the Conduct of Depositions, (6) including the right to object to any question, (7) except as to form, or to move to strike any (8) testimony at this examination is reserved; and in (9) addition, the failure to object to any question or (10) to move to strike any testimony at this (11) examination shall not be a bar or waiver to make (12) such motion at, and is reserved to, the trial of (13) th i s a c t i o n ; (14) (15) (16) (17) (18 ) (1.9) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 6] June 26, 2022 (1) ZOOM STIPULATIONS (2) (3) IT IS HEREBY STIPULATED AND (4) AGREED by and between counsel for all parties (5) present that Pursuant to CPLR section 3113(d) this (6) deposition is being conducted by video conference, (7) that the court reporter, all counsel, and the (8) witness are all in separate remote locations and (9) participating via Videoconference (LegalView/Zoom) (10) meeting under the control of Lexitas Court (11) Reporting Service, that the officer administering (12) the oath to the witness need not be in the place (13) of the deposition and the witness shall be sworn (14) in remotely by the court reporter after confirming (15) the witness's identity, that this videoconference (16) will not be recorded in any manner, and that any (17) recording without the express written consent of (18) all parties shall be considered unauthorized, in (19) violation of law, and shall not be used for any (20) purpose in this litigation or otherwise. (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 7] June 26, 2022 (1) IT IS FURTHER STIPULATED that (2) exhibits may be marked by the attorney presenting (3) the exhibit to the witness, and that a copy of any (4) exhibit presented to a witness shall be e-mailed (5) to or otherwise in possession of all counsel prior (6) to any questioning of a witness regarding the (7) exhibit in question. All parties shall bear their (8) own costs in the conduct of this deposition by (9) video conference, not withstanding the obligation (10) by CPLR to supply a copy of the transcript to the (11) deposed party by the taking party in civil (12) litigation matters. (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 8] June 26, 2022 (1) (2) S H E R Y L I A V A R O N E, (3) The witness herein, having first been (4) duly sworn by a Notary Public in and for the (5) State of New York, was examined and testified (6) as fo11ows : (7) BY THE COURT REPORTER: (8) Q. Please state your name for the (9) record. (10) A. Sheryl Iavarone. (11) Q. Please state your address for the (12) record. (13) A. Business address is 1610 Richmond (14) Road, Staten Island, New York 10304. (15) MR. ABRUSCATI: I will be (16) requesting a copy of the transcript. (17) MR. ROMER: I also will be (18) requesting one. (19) EXAMINAT I ON BY (20) MR. D'AGOSTINO: (21) Q. Good afternoon, Ms. Iavarone. My (22) name is Joseph D'Agostino. I'm an attorney with (23) the firm of Chelli & Bush. I represent the (24) plaintiff, Mr. Calderone, in this lawsuit. I'm (25) going to ask you a series of questions here today. Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 9] June 26, 2022 (1) SHERYL IAVARONE (2) We please ask you that you abide by the rules, (3) which will enable everyone to do their jobs more (4) efficiently. (5) The first and most important rule (6) that you need to pause a second or two between (7) hearing my question and starting your answer. (8) That will allow the court reporter to do her job, (9) and Ms. Giordano has a difficult job. If we were (10) all present in the same room a deposition office (11) like in the old days, if she didn't like what you (12) did, she'd reach under the table and she could (13) kick you if she wanted to. We can't do that (14) today. So you have to remember pause that second (15) or two. That will allow Ms. Giordano to take down (16) what everyone says. If we cross talk, it becomes (17) very difficult. (18) The second thing that pausing a (19) second or two does is, it permits your attorney (20) who is here to protect you and your employer in (21) this lawsuit. So if you start to talk before he (22) has the opportunity to say the magic word, and the (23) magic word in this case in any other that I've (24) been involved with is objection. So allow your (25) attorney to do his job by pausing that second. Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 10] June 26, 2022 (1) SHERYL IAVARONE (2) Understood? (3) A. Yes. (4) Q. I know you're sick. I'm ill, as (5) well. So please, take your time. I will not rush (6) you. I'll try and be very deliberate. If you (7) need a break at any, we'll be happy to (8) accommodate. If you need to blow your nose, get a (9) drink of water, if you need to use the restroom or (10) for any reason, we will accommodate you. But, (11) please, the one thing we ask is that you do not (12) take a break before you answer a pending question. (13) Understood? (14) A. Yes. (15) Q. Have you ever been deposed before? (16) A. Once. (17) MR. D'AGOSTINO: Off the (18) question. (19) (Whereupon, a discussion was (20) held off the record.) (21) MR. D'AGOSTINO: Back on the (22) record. (23) Q. So you under the general procedure. (24) I get to ask you questions, the other attorneys (25) get to ask you questions and you get to give Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 11] June 26, 2022 (1) SHERYL IAVARONE (2) answers; correct? (3) A. Yes. (4) Q. Okay. Good. Whom are you employed (5) by? (6) A. Island Condo LLC. (7) Q. What do you do for Island Condo, LLC? (8) A. I'm a property manager. (9) Q. What affiliation does Island Condo, (10) LLC have, if any, to the property located at 21 (11) Garth Court, Staten Island, New York 10306? (12) A. We manage it. It's Holiday Villas. (13) Q. When you say it's Holiday Villas, are (14) you referring to the fact that your opinion (15) Holiday Villas is the owner and your company, (16) Island Condo, LLC manages the property on behalf (17) of Holiday Villas? (18) A. Yes. (19) Q. Do you know who, in fact, owns the (20) property? (21) A. It's a corporation. (22) Q. Okay. That's fine. I don't want you (23) to guess. (24) You just know that your company (25) manages the property on behalf of Holiday Villas Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 12] June 26, 2022 (1) SHERYL IAVARONE (2) and you're not certain as to who exactly is the (3) owner of record; correct? (4) A. Yes. (5) Q. If I put words in your mouth, please (6) correct. I don't mean to do that. All right? (7) I'm just trying to speed things up here. (8) How long have you worked for Island (9) Condo, LLC? (10) A. 2004 to 2008. 2012 to now. (11) Q. What are your duties and (12) responsibilities as property manager? (13) A. To take all complaints. To go out to (14) the property, visit it, normally, once a week. (15) There's a pool there. I have to take care of all (16) the pool. I do the vendors that they request to (17) get proposals from for any work that's needed for (18) their approval. (19) Q. Twenty-one Garth Court is a property (20) located within Holiday Villas at Oakwood; correct? (21) A. Correct. (22) Q. Is it your understanding that this is (23) a condominium or something else? (24) A. It's a homeowners association. (25) Q. Are there certain areas that you're Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 13] June 26, 2022 (1) SHERYL IAVARONE (2) aware of which are deemed to be common areas? (3) A. Yes. (4) Q. Are the front lawns and walkways, (5) specifically, the one in front of 21 Garth Court, (6) common areas, to your knowledge? (7) A. Yes. (8) Q. Just understand this. I'm not asking (9) you an interpretation of anything. I'm just (3-0) asking you in your opinion as a property manager (11) whether that's a common area, and I believe you (12) just said yes; correct? (13) A. Yes. (14) Q. Who would be responsible for (15) maintaining the common areas in front of 21 Garth (16) Court back on May 25th, 2020, if you know? (17) A. Holiday Villas at Oakwood. (18) MR. BIANCO: Can you read back (19) the question, please? (20) (Whereupon, the requested (21) question was read back by the (22) reporter.) (23) Q. Is there some sort of a written (24) agreement between Island Condo, LLC as manager (25) property manager and another entity as owner? Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 14] June 26, 2022 (1) SHERYL IAVARONE (2) A. I don't know. (3) Q. Okay. Have you reviewed any (4) documents before coming to the deposition today? (5) A. No. (6) Q. I forgot to ask you this before. (7) Please forgive me. (8) Where are you located right now (9) physically? (10) A. My home. (11) Q. I don't want to know your address. (12) You gave us your business address. That's fine. (13) Is anyone in the room with you as (14) you're giving this deposition? (15) A. No. (16) Q. As a property manager on behalf of (17) Island Condo, LLC, for how long have you been (18) responsible for the properties located within (19) Holiday Villas at Oakwood? (20) A. 2004 to 2008. 2012 to current. (21) Q. Can you give me a general description (22) as to the property or properties that are located (23) within the area you now manage; are they (24) single-story, double-story, are they (25) semi-connected, are they freestanding buildings, Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 15] June 26, 2022 (1) SHERYL IAVARONE (2) what are they? (3) A. They're cluster homes and they are (4) two stories. Some have a basement. (5) Q. Are they semi-attached, generally? (6) A. They're clusters. (7) Q. What do you mean by cluster? (8) A. They're, say, four to six and then (9) back to others. -- piggy They Q. Okay. When you -- I'm sorry. I (10) say (11) don't mean to interrupt. (12) When you say there are four to six, (13) do you mean that there are four to six addressed (14) units connected to each other? (15) A. Yes. (16) MR. D'AGOSTINO: Off the record. (17) (Whereupon, a discussion was (18) . held off the record.) (19) MR. D'AGOSTINO: Back on the (20) record. (21) Q. You mentioned that there's a pool, (22) you also mentioned that there's common areas, and (23) you mentioned there was a common area in front of (24) 21 Garth Court; correct? (25) A. Correct. Lexitas Court Reporting 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/03/2022 [Page 16] June 26, 2022 (1) SHERYL IAVARONE (2) Q. That common consists of a lawn; is (3) that fair? (4) A. yes. (5) Q. So it would be dirt, grass, some (6) shrubbery and a walkway; is that fair? (7) A. No. (8) Q. No shrubbery? (9) A. The shrubbery is the homeowner's (10) responsibility. (11) Q. Thank you that would be my next (12) question. (13) So there is shrubbery, but the (14) shrubbery would not be a common area that would be