Preview
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF K]NGS
x
MARIA BABAYAN,
Plaintiff,
-against-
THE CITY OF NEW YORK, VER]ZON NEW YORK, INC.,
coNSoLI DATED EDI SON, rNC ./ AND V. N . A.
UTILITY CONTRACTING CO, ]NC. /
De fendant s
x
Video Conference Via Zoom
Conducted by:
Lex Reporting Service
1 50 Broadway
New York, New York
Janua r y t9, 2021
10:03 a m
DEPOSITION of ANTHONY COCCIMIGLIO, on
behalf of V.N.A. UTILfTY CONTRACTING CO INC. /
a Defendant in the above-entitled action, held
at the above time and place, pursuant to
Notice, taken before MARINA RADINOVSKIY/ a
shorthand reporter and Notary PubIic withln and
for the State of New York
LEX #I 621L3
REPORTING SERYICE, INC.
I'RL)t.t-SSIL)NAL I{LIL)R1'INC SINCI- I 9qg0
Tor r FRrr 800.608.6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 2
2 APPEARANCES
3
4 GOIDEL & S]EGEL, LLP
Attorneys for Plaintiff
5 56 West 45th Street
New York, New York 10036
6 BY: STEVEN RAPHAEL/ ESQ.
1
NEW YORK CITY LAW DEPARTMENT
B CORPOR.ATION COUNSEL FOR NYC
Attorneys for Defendant
9 THE CITY OF NEW YORK
350 Jay Street
10 BrookIyn, New York L1201
NOT PRESENT
11
L2 LEW]S , BRISBOIS, BISGAARD & SMITH LLP
Attorneys for Defendant
13 VERIZON NEW YORK, INC.
11 Wacer Street
14 New York, New York 10005
BY: SHIRLEY KARAS]CK, ESQ.
15
16 RUSSO AND COULD LLP
Attorneys for Defendant
71 coNSoLTDATED EDTSON/ INC.
33 Whitehall Street
1B New York, New York 10004
BY: MARCIN KURZATKOWSK], ESQ.
79
20 LAW OFFICE OF KEV]N J. PHILB]N
Attorneys for Defendant
2L V.N.A. UT]L]TY CONTRACTING CO., INC.
One Whitehafl Street
22 New York, New York 10004
BY: KERR]E BARRY, ESQ.
23
24
25
LEX REPORTING SERV]CE
800-508-5085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 3
2 STIPULATIONS
3
4 IT IS HEREBY STIPULATED AND AGREED by
5 and between the attorneys for the respective
6 parties herein as follows:
1 AII rights provided by the CPLR and Part
B 221 of the Uniform Rules for the Conduct of
9 Depositions / including the right to obj ect to
10 any question except as to formr or such other
11 irregularity that would be waived if not
72 interposeC, or to move to strike any testimony
13 at this examination is reserved.
T4 No objections shalI be made at a
15 deposition except those which, pursuant to
16 subdivj-sion (b), (c) or (C) of Rule 3115 of the
t1 CiviI Practice Law and R.u1es, would be waived
1B if not interposed, and except in compliance
19 with subdivision (e) of such rule. Atl
20 objections made at a deposition shaII be noteC
2I by the officer before whom the deposition is
22 taken, and the answer shall be given and the
23 deposltion shaIl proceeC subject to the
24 obj ections and to the right of a person to
25 apply for appropriate rellef pursuant to
LEX REPORTING SERVICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 4
2 Article 31 of the CPLR.
3 Every objection raised during a
4 deposition shaII be stated succinctly and
5 framed so as not to suggest an answer to the
6 deponent and, at the request of the questioning
1 attorney, shaII include a clear statement as to
B any defect in form or other basis of error or
9 irregularity. Except to the extent permitted
10 by CPLR. Rule 3115 or by this rule, during the
11 course of the examination persons in attendance
L2 shall not make statements or comments that
13 interfere with the questioning.
74 A deponent shall answer all questions at
15 a Ceposition, except (i) to preserve a
L6 privilege or right of confidentiality, (ii) to
l1 enforce a llmitation set forth in an order of a
1B court, or (i j-i ) when the question is plainly
L9 improper and would, if answered, cause
20 slgnificant prejudice to any person. An
2L attorney shaII not direct a deponent not to
22 answer except as provided j-n CPLR Rule 3115 or
23 this subdivision. Any refusal to answer or
24 dlrection not to answer shafl be accompanied by
25 a succinct and clear statement of the basis
LEX REPORTING SERV]CE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 5
2 therefore. If the deponent does not. answer a
3 question, the examining party shall have the
4 right to complete the remainder of the
5 deposition.
6 An attorney shaIl not interrupt the
1 deposition for the purpose of communicating
B with the deponent unless aII parties consent or
9 the communication is made for the purpose of
10 determining whether the question shoulC not be
11 answered on the grounds set forth in section
L2 221.2 of these rufes and, 1n such event, the
13 reason for the communication shall be stated
l4 for the recorC succinctly and clearly.
15 This deposition shall be sworn to by the
t6 witness being examined before a Notary PubIic
L1 other than the Notary Public before whom this
1B examination was begun, but the failure to Co so
L9 or to return the original of this deposition to
20 counsel shall not be deemed a waiver of the
21 rights provided by Rule 3116 of the CPLR and
22 shall be controlled .i- h
a ral.rrr
ulIUIUvJ.
23 The filing of the originaf of this
24 deposltion is waived.
25
LEX REPORTING SERVICE
800-508-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 6
2 (A four-page NYC DOT Dynamic
3 Access System for HIQA was
4 previously marked as V. N.A. 's
5 Exhibit 1 for identification as
6 of 0l/13/2021.)
1 (A Cut Eorm was previously
B marked as V. N. A. 's Exhibit 2 for
9 identification as of 0l/73 /2021. \
10 (e Trouble Ticket was
11 previously marked as V.N.A.'s
72 Exhibit 3 for identification as
13 of At/13/2021. )
74 ( Map 1232 was previously
15 marked as V.N. l
11.
r-
J r.,]-.i'1,-.ir
.fJ.\l1IJ.-/IL A
A F^-
I\JI
L6 identification as of 0l/73/2021.)
t1 (A multi-page Verizon
1B Agreement was previously marked
L9 as V.N.A.'s Exhibit 5 for
20 identification on 0l/13/202L.)
27 THE REPORTER: This hearing
22 is being conducted by Zoom video
23 conferencing and aIl- parties
24 present for this hearing are
25 appearing remotely and have
LEX REPORTING SERVICE
800-608-5085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 1
2 confirmed that they can hear and
3 see through the video without any
4 technical issues.
5 Before f swear in the
6 witness, I will ask Counsel to
1 stipulate on the record, that due
B to the national pandemic, the
9 Court Reporter may swear in the
10 Deponent, even though they are
11 not in the physical presence of
l2 the Deponent, and that there is
13 no objection to that at this
L4 time, nor wiIl there be an
15 objection to ic at a future date.
I6 CounseI, do you agree?
l1 MR RAPHAEL: Agreed
1B Mq BARRY: Agree.
I9 MS. KARASICK: SO
20 stipulated.
2L MR. KURZATKOWSKI: Anraa
22 THE RE PORTER : And, Counsel,
23 can you represent that to the
24 best of your knowledge and
25 belief, that the witness
LEX REPORTING SERVICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCIM]GLIO B
2 appearing today via video
3 conference is indeed Anthony
4 Coccimigl io ?
5 MS. BARRY: Yes, j-t is.
6 ANTHONY COCCTMTGLTO, the
1 witness herein, having first been duly
B sworn by a Notary Public of the State of
9 New York, wds examined and testi fied as
10 follows:
11 EXAMINATION BY
72 MR. RAPHAEL:
13 O State your name for the record,
74 nl a-ca
yluqJU.
15 A Anthony Bruno Coccimiglio.
l6 O State your address for the
L1 record, please.
1B A 1037 51st Street, Brooklyn, New
t9 York ll2l9.
20 O Anthofly, good morning. Thank you
2L for joining us.
22 A Good morning.
23 O Have you ever been deposed
24 before?
25 A Yes -
LEX REPORTING SER.VICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCIMIGLIO 9
2 O Where are you, there is a littIe
3 echo in your room.
4 A T am in an office.
5 O Are you on a laptop or a phone?
6 A It's a Iaptop.
1 MR. RAPHAEL: Off the
B record.
/taTharz an
9 \vvrrureUpOIiT
10 off-the-record discussion was
11 heId. )
I2 MR. RAPHAEL: Back on the
13 record.
t4 O Anthooy, my name is Steven
15 Raphael, I am of counsel to Goidel and
t6 SiegeI, the attorneys of record for Maria
I1 Babayan in this case against several
1B entities, including V. N. A. , presumably your
L9 employer/ and we will verify that as we go
20 a1ong.
2I I am going to be asking you some
22 questions with regard to a location with
23 regard to some work that your company did,
)/ and I ask that you answer these questions out
25 Ioud as opposed to a body language or
LEX REPOR.TING SERVICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCC]MIGL]O 10
2 gestures because we have a Court Dannrfar
r\e IJ v
3 here and we are making a record of everything
4 that is taking p1ace. Wilt you do that for
5 me?
6 A re5.
1 O If you do not understand any of
B my questions, you must Iet me know; will you
9 do that for me?
10 A I will
11 O All right. If you need to take a
L2 break or talk to your attorney, You Iet us
13 know
L4 A Than k you .
15 O and we wiII certainly
I6 accommodate you; all right?
L1 A Than k you .
1B O Can you give me your date of
79 birth off the record, please?
20 A No.
2l O f am sorry?
22 A Off or on I won't give my date of
23 birth.
24 O You do not want to do it either
25 way?
LEX REPOR.T]NG SERVICE
800-608-5085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCIMIGLIO 11
2 A Correct.
3 O AII right. Are you a New York
4 State resident?
5 A Yes.
6 O Do you have a New York State
1 driver's license?
B A Vac
fUJ,
c i r
9 O You do not Iive at 1037 61st
10 QJ- raal-
JU!!UU, rln you?
11 A No, slr
I2 O You live in Brooklyn?
13 A Va
rvJ, c c i r
L4 O By whom are you presently
15 empl-oyed?
76 A I am a co-owner of V. N. A. Utility
L1 Contracting
1B O Is the proper name of that
L9 company v. N A. Utility Contracting Compdny,
20 Inc. ?
2I A Vac
furf ei r
22 O How much of the company do you
23 own?
24 A 25 percent.
25 O Who owns the remainder of the
LEX REPORTING SERVICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCIMIGLIO T2
2 company?
3 A My brother owns another 25
4 percent . His first name is Rosario, same
5 last name as mine. And then my partner is
6 Anthony; his f i-rst name is Iike mine, last
1 name Naccarato; he has 50 percent ownership.
B O Does Mr. Naccarato work in the
9 business or is he just a finance guy or
10 something else?
11 A No. He works in the business.
I2 O All right. What is the business
13 of your company?
L4 A We instal-l conduit excfusively
15 for Verizon Communications.
l6 O Did you ever work for Veri 2on?
I1 A No, I never worked for Veri zan, I
1B do wor k for Ve ri zon.
L9 O What is the highest Ievel of
20 education you have completed?
2t A College.
22 O What drd you study in college?
23 A Business management and
24 accounting. I think I have a minor in
25 accounting almost.
LEX R.EPORTING SERVICE
800-608-5085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCIMIGLIO 13
2 O Where did you go to college?
3 A St. Francis CoIIege.
4 O Is that where Dr. Fauci went?
5 A I don't know about that but he
6 lives by me
1 O He what ?
B A
9 O So what are your duties and
10 responsibilities at V.N.A.?
11 A I run the day-to-day business
I2 functions, T also deal with engineeri.g, I am
13 the safety coordinator also, dccounts
L4 receivable, accounts payable, that's about
15 ir.
t6 O All right. Back during 20L2, did
L1 V. N. A. have a contract with Veri zon?
1B A I believe so, yes .
t9 O Did they have a contract with
20 Verizon in 2073, dS well?
2I A Va
aVJ,
c c i
JII.
r
22 MS. BARRY: Obj ection to
23 form. Can you please spec rfy? I
24 mean, he probably had multiple
25 contracts with Verizon at that
LEX REPORT]NG SERVICE
800-508-608s
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCC]MIGLIO 14
2 time.
3 MR. RAPHAEL: That is what I
4 am about to do.
5 MS. BARRY: Okay. So
6 generally speaking, did V.N.A.
1 have a contract is the question.
B MR. RAPHAEL: Yes.
9 O Anthony, take a look at what was
10 marked as V N.A. Exhibit number 5, please.
11 MS . BARRY: Someone has to
I2 show it to him.
13 MR. RAPHAEL: Marina, there
74 is a document that was marked
15 V.N.A. 5, January 13, 2021, do
I6 you have that available to you?
71 It is Contract 946-20L0-
1B MS . KARAS ICK: I can bring
19 it up, if you would like. Can
20 you see that, sir?
2L THE WITNESS: Yes, I can.
22 If you can go to the last pa9e,
*t
23 pr-cd>c.
^- ^^
a/ MS. KARASICK: This is page
25 31 of 32.
LEX REPORTINC SERVICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCTMTGLTO 15
2 THE WITNESS: Right there.
3 MS. BARRY: This is
4 Plaintiff 's Exhibit 5?
5 MR. RAPHAEL: Tt was marked
6 as Exhibit 5 on 07/13/2021, the
1 date on which this deposition was
B scheduled originally.
9 MS . BARRY: Okay.
10 MS . KARAS ICK: Let me go
11 back up.
L2 O So, AnthoDy, was that contract in
13 effect during 2013?
I4 A I believe so.
15 O AII right. That was a contract
I6 between Verizon and V.N.A.; right?
1,1 A Vac
!UJ,
e i r
1B O What did that contract cover ?
t9 A The borough of South BrookIyn.
)^ O Did that contract cover any and
2L all- work done by your company for Verizon
22 during a certain period of time?
23 A Yes, sir.
24 O What was that period of time?
25 A I believe it's three years from
LEX REPORT]NG SERVICE
800-608-6085
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021
1 A. COCCIMIGLIO L6
2 the date of the end of the year, it was 2010
3 I believe I saw. I think that contract had
4 expi red maybe December of 2073, I believe.
5 O There was another contract in
6 effect, correct?
1 A Yes, correct.
B O Now, I would like you to take a
9 Iook at the document that was marked Exhibit
10 2, V.N.A. 2 on January 13, 2021.
11 THE WITNESS: Can you scroll
L2 down a l-ittle on that backqround,
13 please? That's fine, okay.
L4 O There is a contract number there,
15 do you see that?
76 THE WITNESS: Can you scroll
L1 up? f 'm sorry.
1B MS . KARAS ICK: Okay.
79 THE WITNESS: Yes, I do.
20 O Fi
Preview
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF K]NGS x MARIA BABAYAN, Plaintiff, -against- THE CITY OF NEW YORK, VER]ZON NEW YORK, INC., coNSoLI DATED EDI SON, rNC ./ AND V. N . A. UTILITY CONTRACTING CO, ]NC. / De fendant s x Video Conference Via Zoom Conducted by: Lex Reporting Service 1 50 Broadway New York, New York Janua r y t9, 2021 10:03 a m DEPOSITION of ANTHONY COCCIMIGLIO, on behalf of V.N.A. UTILfTY CONTRACTING CO INC. / a Defendant in the above-entitled action, held at the above time and place, pursuant to Notice, taken before MARINA RADINOVSKIY/ a shorthand reporter and Notary PubIic withln and for the State of New York LEX #I 621L3 REPORTING SERYICE, INC. I'RL)t.t-SSIL)NAL I{LIL)R1'INC SINCI- I 9qg0 Tor r FRrr 800.608.6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 2 2 APPEARANCES 3 4 GOIDEL & S]EGEL, LLP Attorneys for Plaintiff 5 56 West 45th Street New York, New York 10036 6 BY: STEVEN RAPHAEL/ ESQ. 1 NEW YORK CITY LAW DEPARTMENT B CORPOR.ATION COUNSEL FOR NYC Attorneys for Defendant 9 THE CITY OF NEW YORK 350 Jay Street 10 BrookIyn, New York L1201 NOT PRESENT 11 L2 LEW]S , BRISBOIS, BISGAARD & SMITH LLP Attorneys for Defendant 13 VERIZON NEW YORK, INC. 11 Wacer Street 14 New York, New York 10005 BY: SHIRLEY KARAS]CK, ESQ. 15 16 RUSSO AND COULD LLP Attorneys for Defendant 71 coNSoLTDATED EDTSON/ INC. 33 Whitehall Street 1B New York, New York 10004 BY: MARCIN KURZATKOWSK], ESQ. 79 20 LAW OFFICE OF KEV]N J. PHILB]N Attorneys for Defendant 2L V.N.A. UT]L]TY CONTRACTING CO., INC. One Whitehafl Street 22 New York, New York 10004 BY: KERR]E BARRY, ESQ. 23 24 25 LEX REPORTING SERV]CE 800-508-5085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 3 2 STIPULATIONS 3 4 IT IS HEREBY STIPULATED AND AGREED by 5 and between the attorneys for the respective 6 parties herein as follows: 1 AII rights provided by the CPLR and Part B 221 of the Uniform Rules for the Conduct of 9 Depositions / including the right to obj ect to 10 any question except as to formr or such other 11 irregularity that would be waived if not 72 interposeC, or to move to strike any testimony 13 at this examination is reserved. T4 No objections shalI be made at a 15 deposition except those which, pursuant to 16 subdivj-sion (b), (c) or (C) of Rule 3115 of the t1 CiviI Practice Law and R.u1es, would be waived 1B if not interposed, and except in compliance 19 with subdivision (e) of such rule. Atl 20 objections made at a deposition shaII be noteC 2I by the officer before whom the deposition is 22 taken, and the answer shall be given and the 23 deposltion shaIl proceeC subject to the 24 obj ections and to the right of a person to 25 apply for appropriate rellef pursuant to LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 4 2 Article 31 of the CPLR. 3 Every objection raised during a 4 deposition shaII be stated succinctly and 5 framed so as not to suggest an answer to the 6 deponent and, at the request of the questioning 1 attorney, shaII include a clear statement as to B any defect in form or other basis of error or 9 irregularity. Except to the extent permitted 10 by CPLR. Rule 3115 or by this rule, during the 11 course of the examination persons in attendance L2 shall not make statements or comments that 13 interfere with the questioning. 74 A deponent shall answer all questions at 15 a Ceposition, except (i) to preserve a L6 privilege or right of confidentiality, (ii) to l1 enforce a llmitation set forth in an order of a 1B court, or (i j-i ) when the question is plainly L9 improper and would, if answered, cause 20 slgnificant prejudice to any person. An 2L attorney shaII not direct a deponent not to 22 answer except as provided j-n CPLR Rule 3115 or 23 this subdivision. Any refusal to answer or 24 dlrection not to answer shafl be accompanied by 25 a succinct and clear statement of the basis LEX REPORTING SERV]CE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 5 2 therefore. If the deponent does not. answer a 3 question, the examining party shall have the 4 right to complete the remainder of the 5 deposition. 6 An attorney shaIl not interrupt the 1 deposition for the purpose of communicating B with the deponent unless aII parties consent or 9 the communication is made for the purpose of 10 determining whether the question shoulC not be 11 answered on the grounds set forth in section L2 221.2 of these rufes and, 1n such event, the 13 reason for the communication shall be stated l4 for the recorC succinctly and clearly. 15 This deposition shall be sworn to by the t6 witness being examined before a Notary PubIic L1 other than the Notary Public before whom this 1B examination was begun, but the failure to Co so L9 or to return the original of this deposition to 20 counsel shall not be deemed a waiver of the 21 rights provided by Rule 3116 of the CPLR and 22 shall be controlled .i- h a ral.rrr ulIUIUvJ. 23 The filing of the originaf of this 24 deposltion is waived. 25 LEX REPORTING SERVICE 800-508-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 6 2 (A four-page NYC DOT Dynamic 3 Access System for HIQA was 4 previously marked as V. N.A. 's 5 Exhibit 1 for identification as 6 of 0l/13/2021.) 1 (A Cut Eorm was previously B marked as V. N. A. 's Exhibit 2 for 9 identification as of 0l/73 /2021. \ 10 (e Trouble Ticket was 11 previously marked as V.N.A.'s 72 Exhibit 3 for identification as 13 of At/13/2021. ) 74 ( Map 1232 was previously 15 marked as V.N. l 11. r- J r.,]-.i'1,-.ir .fJ.\l1IJ.-/IL A A F^- I\JI L6 identification as of 0l/73/2021.) t1 (A multi-page Verizon 1B Agreement was previously marked L9 as V.N.A.'s Exhibit 5 for 20 identification on 0l/13/202L.) 27 THE REPORTER: This hearing 22 is being conducted by Zoom video 23 conferencing and aIl- parties 24 present for this hearing are 25 appearing remotely and have LEX REPORTING SERVICE 800-608-5085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 1 2 confirmed that they can hear and 3 see through the video without any 4 technical issues. 5 Before f swear in the 6 witness, I will ask Counsel to 1 stipulate on the record, that due B to the national pandemic, the 9 Court Reporter may swear in the 10 Deponent, even though they are 11 not in the physical presence of l2 the Deponent, and that there is 13 no objection to that at this L4 time, nor wiIl there be an 15 objection to ic at a future date. I6 CounseI, do you agree? l1 MR RAPHAEL: Agreed 1B Mq BARRY: Agree. I9 MS. KARASICK: SO 20 stipulated. 2L MR. KURZATKOWSKI: Anraa 22 THE RE PORTER : And, Counsel, 23 can you represent that to the 24 best of your knowledge and 25 belief, that the witness LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCIM]GLIO B 2 appearing today via video 3 conference is indeed Anthony 4 Coccimigl io ? 5 MS. BARRY: Yes, j-t is. 6 ANTHONY COCCTMTGLTO, the 1 witness herein, having first been duly B sworn by a Notary Public of the State of 9 New York, wds examined and testi fied as 10 follows: 11 EXAMINATION BY 72 MR. RAPHAEL: 13 O State your name for the record, 74 nl a-ca yluqJU. 15 A Anthony Bruno Coccimiglio. l6 O State your address for the L1 record, please. 1B A 1037 51st Street, Brooklyn, New t9 York ll2l9. 20 O Anthofly, good morning. Thank you 2L for joining us. 22 A Good morning. 23 O Have you ever been deposed 24 before? 25 A Yes - LEX REPORTING SER.VICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCIMIGLIO 9 2 O Where are you, there is a littIe 3 echo in your room. 4 A T am in an office. 5 O Are you on a laptop or a phone? 6 A It's a Iaptop. 1 MR. RAPHAEL: Off the B record. /taTharz an 9 \vvrrureUpOIiT 10 off-the-record discussion was 11 heId. ) I2 MR. RAPHAEL: Back on the 13 record. t4 O Anthooy, my name is Steven 15 Raphael, I am of counsel to Goidel and t6 SiegeI, the attorneys of record for Maria I1 Babayan in this case against several 1B entities, including V. N. A. , presumably your L9 employer/ and we will verify that as we go 20 a1ong. 2I I am going to be asking you some 22 questions with regard to a location with 23 regard to some work that your company did, )/ and I ask that you answer these questions out 25 Ioud as opposed to a body language or LEX REPOR.TING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCC]MIGL]O 10 2 gestures because we have a Court Dannrfar r\e IJ v 3 here and we are making a record of everything 4 that is taking p1ace. Wilt you do that for 5 me? 6 A re5. 1 O If you do not understand any of B my questions, you must Iet me know; will you 9 do that for me? 10 A I will 11 O All right. If you need to take a L2 break or talk to your attorney, You Iet us 13 know L4 A Than k you . 15 O and we wiII certainly I6 accommodate you; all right? L1 A Than k you . 1B O Can you give me your date of 79 birth off the record, please? 20 A No. 2l O f am sorry? 22 A Off or on I won't give my date of 23 birth. 24 O You do not want to do it either 25 way? LEX REPOR.T]NG SERVICE 800-608-5085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCIMIGLIO 11 2 A Correct. 3 O AII right. Are you a New York 4 State resident? 5 A Yes. 6 O Do you have a New York State 1 driver's license? B A Vac fUJ, c i r 9 O You do not Iive at 1037 61st 10 QJ- raal- JU!!UU, rln you? 11 A No, slr I2 O You live in Brooklyn? 13 A Va rvJ, c c i r L4 O By whom are you presently 15 empl-oyed? 76 A I am a co-owner of V. N. A. Utility L1 Contracting 1B O Is the proper name of that L9 company v. N A. Utility Contracting Compdny, 20 Inc. ? 2I A Vac furf ei r 22 O How much of the company do you 23 own? 24 A 25 percent. 25 O Who owns the remainder of the LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCIMIGLIO T2 2 company? 3 A My brother owns another 25 4 percent . His first name is Rosario, same 5 last name as mine. And then my partner is 6 Anthony; his f i-rst name is Iike mine, last 1 name Naccarato; he has 50 percent ownership. B O Does Mr. Naccarato work in the 9 business or is he just a finance guy or 10 something else? 11 A No. He works in the business. I2 O All right. What is the business 13 of your company? L4 A We instal-l conduit excfusively 15 for Verizon Communications. l6 O Did you ever work for Veri 2on? I1 A No, I never worked for Veri zan, I 1B do wor k for Ve ri zon. L9 O What is the highest Ievel of 20 education you have completed? 2t A College. 22 O What drd you study in college? 23 A Business management and 24 accounting. I think I have a minor in 25 accounting almost. LEX R.EPORTING SERVICE 800-608-5085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCIMIGLIO 13 2 O Where did you go to college? 3 A St. Francis CoIIege. 4 O Is that where Dr. Fauci went? 5 A I don't know about that but he 6 lives by me 1 O He what ? B A 9 O So what are your duties and 10 responsibilities at V.N.A.? 11 A I run the day-to-day business I2 functions, T also deal with engineeri.g, I am 13 the safety coordinator also, dccounts L4 receivable, accounts payable, that's about 15 ir. t6 O All right. Back during 20L2, did L1 V. N. A. have a contract with Veri zon? 1B A I believe so, yes . t9 O Did they have a contract with 20 Verizon in 2073, dS well? 2I A Va aVJ, c c i JII. r 22 MS. BARRY: Obj ection to 23 form. Can you please spec rfy? I 24 mean, he probably had multiple 25 contracts with Verizon at that LEX REPORT]NG SERVICE 800-508-608s FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCC]MIGLIO 14 2 time. 3 MR. RAPHAEL: That is what I 4 am about to do. 5 MS. BARRY: Okay. So 6 generally speaking, did V.N.A. 1 have a contract is the question. B MR. RAPHAEL: Yes. 9 O Anthony, take a look at what was 10 marked as V N.A. Exhibit number 5, please. 11 MS . BARRY: Someone has to I2 show it to him. 13 MR. RAPHAEL: Marina, there 74 is a document that was marked 15 V.N.A. 5, January 13, 2021, do I6 you have that available to you? 71 It is Contract 946-20L0- 1B MS . KARAS ICK: I can bring 19 it up, if you would like. Can 20 you see that, sir? 2L THE WITNESS: Yes, I can. 22 If you can go to the last pa9e, *t 23 pr-cd>c. ^- ^^ a/ MS. KARASICK: This is page 25 31 of 32. LEX REPORTINC SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCTMTGLTO 15 2 THE WITNESS: Right there. 3 MS. BARRY: This is 4 Plaintiff 's Exhibit 5? 5 MR. RAPHAEL: Tt was marked 6 as Exhibit 5 on 07/13/2021, the 1 date on which this deposition was B scheduled originally. 9 MS . BARRY: Okay. 10 MS . KARAS ICK: Let me go 11 back up. L2 O So, AnthoDy, was that contract in 13 effect during 2013? I4 A I believe so. 15 O AII right. That was a contract I6 between Verizon and V.N.A.; right? 1,1 A Vac !UJ, e i r 1B O What did that contract cover ? t9 A The borough of South BrookIyn. )^ O Did that contract cover any and 2L all- work done by your company for Verizon 22 during a certain period of time? 23 A Yes, sir. 24 O What was that period of time? 25 A I believe it's three years from LEX REPORT]NG SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/19/2021 1 A. COCCIMIGLIO L6 2 the date of the end of the year, it was 2010 3 I believe I saw. I think that contract had 4 expi red maybe December of 2073, I believe. 5 O There was another contract in 6 effect, correct? 1 A Yes, correct. B O Now, I would like you to take a 9 Iook at the document that was marked Exhibit 10 2, V.N.A. 2 on January 13, 2021. 11 THE WITNESS: Can you scroll L2 down a l-ittle on that backqround, 13 please? That's fine, okay. L4 O There is a contract number there, 15 do you see that? 76 THE WITNESS: Can you scroll L1 up? f 'm sorry. 1B MS . KARAS ICK: Okay. 79 THE WITNESS: Yes, I do. 20 O Fi