Preview
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
3 ------------------------------------------X
ALBERT PEREZ, INDIVIDUALLY AND DERIVATIVELY
4 ON BEHALF OF TOTAL COMPUTER SOFTWARE, LLC,
5 PLAINTIFFS,
6 -against- Index No.:
063193/2013
7
VINCENT TEDESCO, TOTAL COMPUTER SYSTEMS,
8 LTD. D/B/A TOTAL COMPUTER GROUP, TOTAL
COMPUTER GROUP, LLC, TOTAL COMPUTERS, LTD.,
9 AND JOHN DOE CORPORATION,
10 DEFENDANTS.
___________________________________-------x
11 TOTAL COMPUTER SOFTWARE, LLC,
12 THIRD-PARTY PLAINTIFF,
13 -against- Index No.:
063193/2013
14
ALBERT PEREZ,
15
THIRD-PARTY DEFENDANT.
16 ------------------------------------------X
17 DATE: MAY 10, 2022
18 TIME: 10:03 A.M.
19
20
21
22
23
24
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 37
1 REPETTI
2 it, no.
3 Q. You do not have a Kaseya
4 physical server?
5 A. I do not.
6 Q. Did Mr. Tedesco ever have you
7 secretly perform searches of customer
8 e-mail services for information about their
9 business?
10 A. No.
11 Q. Dr. Hernan Zambrano ever
12 directly work for Group as an employee?
13 A. He did.
14 Q. When was that?
15 A. I don't recall the date that he
16 came on.
17 Q. Approximately, year?
18 A. I want to say some time after
19 '16, I don't recall.
20 Q. Did you work for Hernan
21 Zambrano?
22 A. I did.
23 Q. What kind of work did Hernan
24 Zambrano do for Group?
25 A. He was a, he worked support for
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 38
1 REPETTI
2 clients. Could be onsite, he was a
3 technician.
4 Q. He was a technician?
5 A. Yes.
6 Q. Do you know what type of
7 assignments Mr. Zambrano typically handled?
8 A. It varied, it varied. They
9 could be onsite work, they could be remote
10 work, it could be desktop, it could be
11 server.
12 Q. What are the types of work that
13 Mr. Zambrano did for Group, do you know?
14 A. Those that I have just said.
15 Any specifically, I can't recall any
16 specific ticket. He like many others did
17 many different types of tasks.
18 Q. Did he set up back-ups?
19 A. He could have, yes.
20 Q. Did he, not he could have, did
21 he, do you know?
22 A. Then, I will have to say, I
23 don't recall.
24 Q. Did Mr. Zambrano ever work for
25 Group as a consultant, to your knowledge?
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 39
1 REPETTI
2 A. That I don't know.
3 Q. Did Mr. Zambrano ever perform
4 work for Group's customers prior to being
5 hired as an employee of Group?
6 A. I don't recall.
7 Q. How about when Mr. Zambrano was
8 employee of Software, did he ever perform
9 work for Group's customers?
10 A. That I don't know.
11 Q. If he had performed work for
12 Group's customer would you be aware of it?
13 A. I don't remember.
14 Q. Did you personally assign work
15 tickets to Mr. Zambrano at any point?
16 A. Yes.
17 Q. When was that?
18 A. It would have been during his
19 employment with Group post 2016.
20 MR. ZERYKIER: Mr. McEnaney
21 would pressure if you used Group and
22 Software, rather than Total. Am I
23 correct, you would appreciate that?
24 MR. McENANEY: Yes.
25 Q. What, if any, physical servers
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 98
1 REPETTI
2 them up, if your retention from a Datto
3 perspective, each platform is a little
4 different, you could take individual
5 back-ups, weekly or monthly and your daily,
6 and keep them for X amount of time. The
7 Datto, does a rollup procedure, where if
8 you say I want to keep X amount for a week,
9 and X amount for a month, X amount of year,
10 it rolls them up. It does it on its own.
11 Q. How is the virtual environment
12 currently backed up in those terms?
13 A. The physical onsite one, when
14 it comes to Datto, those DC, I don't know
15 specifically. I don't have an answer for
16 an accurate answer for you. I could guess,
17 it would be wrong.
18 Q. When you said the last bare
19 metal restore you did was long ago would
20 that have been in 2015?
21 A. Could have been.
22 Q. Do you recall what you were
23 restoring?
24 A. I do not.
25 Q. Did Hernan Zambrano do bare
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 99
1 REPETTI
2 metal restore?
3 A. I don't recall.
4 Q. Do you know if he did any
5 restoration at all?
6 A. I don't recall.
7 Q. Who restored the ConnectWise
8 virtual machine to the physical metal box
9 produced by Defendant?
10 MR. ZERYKIER: Objection.
11 A. I don't know.
12 Q. Were you aware that the
13 ConnectWise virtual machine was restored to
14 a physical metal box?
15 MR. ZERYKIER: Objection.
16 A. No.
17 Q. Who restored the New Great
18 Plains virtual machine TCGGP to the
19 physical metal box produced by Defendant?
20 MR. ZERYKIER: Objection.
21 A. I do not know.
22 Q. Did you participate in any of
23 the discovery productions for this
24 litigation?
25 MR. ZERYKIER: Objection.
Diamond Reporting
800.727.6396 A Veritext www.veritext.com
Company
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
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1 REPETTI
2 Q. Before that resources was
3 assigned, did you review it?
4 A. Yes, I have.
5 Q. Did you ever send Mr. Zambrano
6 on service calls?
7 A. I'm sure I did, sure.
8 Q. Did you ever have Mr. Zambrano
9 do work at Group's customer site?
10 A. Yes, when he worked for Group,
11 yes.
12 Q. Did you ever have Mr. Zambrano
13 do work for Group customers while he was
14 employed by Software?
15 A. Not to my knowledge.
16 Q. Did you ever assign ConnectWise
17 tickets to Mr. Zambrano?
18 A. Sure, yes.
19 Q. Was this also once he was an
20 employee of Group?
21 A. Yes.
22 Q. Did that occur prior to his
23 employment with Group?
24 A. Not that I recall.
25 Q. To your knowledge, did Mr.
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 148
1 REPETTI
2 Zambrano ever do work for Amityville
3 Village or its police department?
4 A. Not to my knowledge.
5 Q. Did you review and approve of
6 any of Mr. Zambrano's tickets prior to June
7 of 2012 when Total Enforcement was acquired
8 by Tiberon?
9 A. I don't know.
10 Q. Are you aware of ConnectWise
11 SQL database CWWEBAPP_TTG that is located
12 in the TCGCW folder?
13 A. Yes.
14 Q. You do?
15 MR. ZERYKIER: Let him finish
16 the question.
17 A. I thought there was a pause,
18 I'm sorry.
19 Q. In the copy provided to
20 Plaintiffs that SQL database, the original
21 ConnectWise database is corrupt, would you
22 know how that occurred?
23 A. I would not.
24 Q. The SQL back-up for that
25 database are also corrupt and cannot be
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 151
1 REPETTI
2 A. I don't know.
3 Q. Where was the Windows 8 Cloud
4 production hosted?
5 A. Datto Center in Austin, which
6 is now Otaba.
7 Q. Who made the decision to use
8 the Otaba service for hosting the Cloud
9 production?
10 A. Bit of a group decision, in the
11 end, I believe, Dan was in charge at the
12 time. Dan Bernard.
13 Q. Was it Dan Bernard who made the
14 ultimate decision to use that service?
15 A. I believe so.
16 Q. Do you know why Dan Bernard
17 choose that service?
18 A. Would have more than likely
19 been on our recommendations.
20 Q. Who recommendation?
21 A. Mine and Paul.
22 Q. Why did you recommend it?
23 A. I don't recall. It was six
24 years ago, I don't recall.
25 Q. Did anyone tell you that the
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022
Page 160
1 REPETTI
2 with it. I don't recall the specifies of
3 it, other than it was expensive.
4 Q. Do you ever recall there being
5 a problem with Traverse in terms of
6 ConnectWise ticket production?
7 MR. ZERYKIER: Objection.
8 A. Sounds familiar, but, I don't
9 know. I don't recall specifically.
10 Q. Are you familiar with the
11 ConnectWise login account called Test Team?
12 A. No.
13 Q. During Mr. Zambrano's tenure at
14 Total Computer Software, what did you
15 understand his job title to be?
16 A. I don't know.
17 Q. At any point during your tenure
18 at Group, did anyone advise you that Group
19 was required to preserve its electronically
20 stored information?
21 A. I'm going to say, it was a
22 couple of years ago, that came, there was
23 something. I don't remember the date
24 specifically or the time frame.
25 Q. So, specifically, I'm not
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
Preview
FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 3 ------------------------------------------X ALBERT PEREZ, INDIVIDUALLY AND DERIVATIVELY 4 ON BEHALF OF TOTAL COMPUTER SOFTWARE, LLC, 5 PLAINTIFFS, 6 -against- Index No.: 063193/2013 7 VINCENT TEDESCO, TOTAL COMPUTER SYSTEMS, 8 LTD. D/B/A TOTAL COMPUTER GROUP, TOTAL COMPUTER GROUP, LLC, TOTAL COMPUTERS, LTD., 9 AND JOHN DOE CORPORATION, 10 DEFENDANTS. ___________________________________-------x 11 TOTAL COMPUTER SOFTWARE, LLC, 12 THIRD-PARTY PLAINTIFF, 13 -against- Index No.: 063193/2013 14 ALBERT PEREZ, 15 THIRD-PARTY DEFENDANT. 16 ------------------------------------------X 17 DATE: MAY 10, 2022 18 TIME: 10:03 A.M. 19 20 21 22 23 24 Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 37 1 REPETTI 2 it, no. 3 Q. You do not have a Kaseya 4 physical server? 5 A. I do not. 6 Q. Did Mr. Tedesco ever have you 7 secretly perform searches of customer 8 e-mail services for information about their 9 business? 10 A. No. 11 Q. Dr. Hernan Zambrano ever 12 directly work for Group as an employee? 13 A. He did. 14 Q. When was that? 15 A. I don't recall the date that he 16 came on. 17 Q. Approximately, year? 18 A. I want to say some time after 19 '16, I don't recall. 20 Q. Did you work for Hernan 21 Zambrano? 22 A. I did. 23 Q. What kind of work did Hernan 24 Zambrano do for Group? 25 A. He was a, he worked support for Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 38 1 REPETTI 2 clients. Could be onsite, he was a 3 technician. 4 Q. He was a technician? 5 A. Yes. 6 Q. Do you know what type of 7 assignments Mr. Zambrano typically handled? 8 A. It varied, it varied. They 9 could be onsite work, they could be remote 10 work, it could be desktop, it could be 11 server. 12 Q. What are the types of work that 13 Mr. Zambrano did for Group, do you know? 14 A. Those that I have just said. 15 Any specifically, I can't recall any 16 specific ticket. He like many others did 17 many different types of tasks. 18 Q. Did he set up back-ups? 19 A. He could have, yes. 20 Q. Did he, not he could have, did 21 he, do you know? 22 A. Then, I will have to say, I 23 don't recall. 24 Q. Did Mr. Zambrano ever work for 25 Group as a consultant, to your knowledge? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 39 1 REPETTI 2 A. That I don't know. 3 Q. Did Mr. Zambrano ever perform 4 work for Group's customers prior to being 5 hired as an employee of Group? 6 A. I don't recall. 7 Q. How about when Mr. Zambrano was 8 employee of Software, did he ever perform 9 work for Group's customers? 10 A. That I don't know. 11 Q. If he had performed work for 12 Group's customer would you be aware of it? 13 A. I don't remember. 14 Q. Did you personally assign work 15 tickets to Mr. Zambrano at any point? 16 A. Yes. 17 Q. When was that? 18 A. It would have been during his 19 employment with Group post 2016. 20 MR. ZERYKIER: Mr. McEnaney 21 would pressure if you used Group and 22 Software, rather than Total. Am I 23 correct, you would appreciate that? 24 MR. McENANEY: Yes. 25 Q. What, if any, physical servers Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 98 1 REPETTI 2 them up, if your retention from a Datto 3 perspective, each platform is a little 4 different, you could take individual 5 back-ups, weekly or monthly and your daily, 6 and keep them for X amount of time. The 7 Datto, does a rollup procedure, where if 8 you say I want to keep X amount for a week, 9 and X amount for a month, X amount of year, 10 it rolls them up. It does it on its own. 11 Q. How is the virtual environment 12 currently backed up in those terms? 13 A. The physical onsite one, when 14 it comes to Datto, those DC, I don't know 15 specifically. I don't have an answer for 16 an accurate answer for you. I could guess, 17 it would be wrong. 18 Q. When you said the last bare 19 metal restore you did was long ago would 20 that have been in 2015? 21 A. Could have been. 22 Q. Do you recall what you were 23 restoring? 24 A. I do not. 25 Q. Did Hernan Zambrano do bare Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 99 1 REPETTI 2 metal restore? 3 A. I don't recall. 4 Q. Do you know if he did any 5 restoration at all? 6 A. I don't recall. 7 Q. Who restored the ConnectWise 8 virtual machine to the physical metal box 9 produced by Defendant? 10 MR. ZERYKIER: Objection. 11 A. I don't know. 12 Q. Were you aware that the 13 ConnectWise virtual machine was restored to 14 a physical metal box? 15 MR. ZERYKIER: Objection. 16 A. No. 17 Q. Who restored the New Great 18 Plains virtual machine TCGGP to the 19 physical metal box produced by Defendant? 20 MR. ZERYKIER: Objection. 21 A. I do not know. 22 Q. Did you participate in any of 23 the discovery productions for this 24 litigation? 25 MR. ZERYKIER: Objection. Diamond Reporting 800.727.6396 A Veritext www.veritext.com Company FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 147 1 REPETTI 2 Q. Before that resources was 3 assigned, did you review it? 4 A. Yes, I have. 5 Q. Did you ever send Mr. Zambrano 6 on service calls? 7 A. I'm sure I did, sure. 8 Q. Did you ever have Mr. Zambrano 9 do work at Group's customer site? 10 A. Yes, when he worked for Group, 11 yes. 12 Q. Did you ever have Mr. Zambrano 13 do work for Group customers while he was 14 employed by Software? 15 A. Not to my knowledge. 16 Q. Did you ever assign ConnectWise 17 tickets to Mr. Zambrano? 18 A. Sure, yes. 19 Q. Was this also once he was an 20 employee of Group? 21 A. Yes. 22 Q. Did that occur prior to his 23 employment with Group? 24 A. Not that I recall. 25 Q. To your knowledge, did Mr. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 148 1 REPETTI 2 Zambrano ever do work for Amityville 3 Village or its police department? 4 A. Not to my knowledge. 5 Q. Did you review and approve of 6 any of Mr. Zambrano's tickets prior to June 7 of 2012 when Total Enforcement was acquired 8 by Tiberon? 9 A. I don't know. 10 Q. Are you aware of ConnectWise 11 SQL database CWWEBAPP_TTG that is located 12 in the TCGCW folder? 13 A. Yes. 14 Q. You do? 15 MR. ZERYKIER: Let him finish 16 the question. 17 A. I thought there was a pause, 18 I'm sorry. 19 Q. In the copy provided to 20 Plaintiffs that SQL database, the original 21 ConnectWise database is corrupt, would you 22 know how that occurred? 23 A. I would not. 24 Q. The SQL back-up for that 25 database are also corrupt and cannot be Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 151 1 REPETTI 2 A. I don't know. 3 Q. Where was the Windows 8 Cloud 4 production hosted? 5 A. Datto Center in Austin, which 6 is now Otaba. 7 Q. Who made the decision to use 8 the Otaba service for hosting the Cloud 9 production? 10 A. Bit of a group decision, in the 11 end, I believe, Dan was in charge at the 12 time. Dan Bernard. 13 Q. Was it Dan Bernard who made the 14 ultimate decision to use that service? 15 A. I believe so. 16 Q. Do you know why Dan Bernard 17 choose that service? 18 A. Would have more than likely 19 been on our recommendations. 20 Q. Who recommendation? 21 A. Mine and Paul. 22 Q. Why did you recommend it? 23 A. I don't recall. It was six 24 years ago, I don't recall. 25 Q. Did anyone tell you that the Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: SUFFOLK COUNTY CLERK 10/02/2022 05:01 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 492 RECEIVED NYSCEF: 10/02/2022 Page 160 1 REPETTI 2 with it. I don't recall the specifies of 3 it, other than it was expensive. 4 Q. Do you ever recall there being 5 a problem with Traverse in terms of 6 ConnectWise ticket production? 7 MR. ZERYKIER: Objection. 8 A. Sounds familiar, but, I don't 9 know. I don't recall specifically. 10 Q. Are you familiar with the 11 ConnectWise login account called Test Team? 12 A. No. 13 Q. During Mr. Zambrano's tenure at 14 Total Computer Software, what did you 15 understand his job title to be? 16 A. I don't know. 17 Q. At any point during your tenure 18 at Group, did anyone advise you that Group 19 was required to preserve its electronically 20 stored information? 21 A. I'm going to say, it was a 22 couple of years ago, that came, there was 23 something. I don't remember the date 24 specifically or the time frame. 25 Q. So, specifically, I'm not Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com