Preview
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
EXHIBIT L
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
Page 1
Oune 26, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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
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.
gyJTA3
Reporter
Certified
ORIGINAL
OriginalStanipis utuePrint
TRANSCRIPT "
"
Verified & OnDemand
@LexitasLegal.com
and byLeñte0nkmand
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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'
21 examination(s) shall be furnished to
22 counsel representing the witness(es) testifying,
23 without charge.
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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 this action;
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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 follows:
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 EXAMINATION 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.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
Page 9
June 26, 2022
1 SHERYL IAVARONE
2 We please ask you that you abide by the rules,
3 which will 2nable 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.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
10 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?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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,
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
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
10 Q. Okay. When you -- I'm sorry. I
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.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022
Page 16
June 26, 2022
1 SHERYL IAVARONE
2 Q. That common consists of a lawn; is
3 tha
Preview
FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 EXHIBIT L FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 Page 1 Oune 26, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND 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 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. gyJTA3 Reporter Certified ORIGINAL OriginalStanipis utuePrint TRANSCRIPT " " Verified & OnDemand @LexitasLegal.com and byLeñte0nkmand DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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' 21 examination(s) shall be furnished to 22 counsel representing the witness(es) testifying, 23 without charge. 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 this action; 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 follows: 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 EXAMINATION 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. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 Page 9 June 26, 2022 1 SHERYL IAVARONE 2 We please ask you that you abide by the rules, 3 which will 2nable 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. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 10 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? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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, DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 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 10 Q. Okay. When you -- I'm sorry. I 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. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: RICHMOND COUNTY CLERK 08/04/2022 01:52 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/04/2022 Page 16 June 26, 2022 1 SHERYL IAVARONE 2 Q. That common consists of a lawn; is 3 tha