Preview
FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
ORIGNAL
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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MARIA BABAYAN,
Plaintiff ,
-against-
THE CITY OF NEW YORK, VERIZON NEW YORK, INC.,
CONSOLIDATED EDISON, INC., AND V.N.A.
UTILITY CONTRACTING CO, INC.,
Defendants .
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Video Conference Via Zoom
Conducted by:
Lex Reporting Service
160 Broadway
New York, New York
January 19, 2021
10:03 a.m.
DEPOSITION of ANTHONY COCCIMIGLIO, on
behalf of V.N. A. UTILITY 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 Public within and
for the State of New York.
LEX#162113
REPORTING SERVICE, INC.
PROFESSIONAL REPORTING SINCE 1980
TOLL FREE800.608.6085
- -
FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 2
2 A P P E A R A N C E S:
3
4 GOIDEL & SIEGEL, LLP
Attorneys for Plaintiff
5 56 West 45th Street
New York, New York 10036
6 BY: STEVEN RAPHAEL, ESQ.
7
NEW YORK CITY LAW DEPARTMENT
8 CORPORATION COUNSEL FOR NYC
Attorneys for Defendant
9 THE CITY OF NEW YORK
350 Jay Street
10 Brooklyn, New York 11201
NOT PRESENT
11
12 LEWIS, BRISBOIS, BISGAARD & SMITH LLP
Attorneys for Defendant
13 VERIZON NEW YORK, INC.
77 Water Street
14 New York, New York 10005
BY: SHIRLEY KARASICK, ESQ.
15
16 RUSSO AND GOULD LLP
Attorneys for Defendant
17 CONSOLIDATED EDISON, INC.
33 Whitehall Street
18 New York, New York 10004
BY: MARCIN KURZATKOWSKI, ESQ.
19
20 LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
21 V.N.A. UTILITY CONTRACTING CO., INC.
One Whitehall Street
22 New York, New York 10004
BY: KERRIE BARRY, ESQ.
23
24
25
LEX REPORTING SERVICE
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FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 3
2 S T I P U L A T I O N S
3
4 IT IS HEREBY STIPULATED AND AGREED by
5 and between the attorneys for the respective
6 parties herein as follows:
7 All rights provided by the CPLR and Part
8 221 of the Uniform Rules for the Conduct of
9 Depositions, including the right to object to
10 any question except as to form, or such other
11 irregularity that would be waived if not
12 interposed, or to move to strike any testimony
13 at this examination is reserved.
14 No objections shall be made at a
15 deposition except those which, pursuant to
16 subdivision (b), (c) or (d) of Rule 3115 of the
17 Civil Practice Law and Rules, would be waived
18 if not interposed, and except in compliance
19 with subdivision (e) of such rule. All
20 objections made at a deposition shall be noted
21 by the officer before whom the deposition is
22 taken, and the answer shall be given and the
23 deposition shall proceed subject to the
24 objections and to the right of a person to
25 apply for appropriate relief pursuant to
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 4
2 Article 31 of the CPLR.
3 Every objection raised during a
4 deposition shall be stated succinctly and
5 framed so as not to suggest an answer to the
6 deponent and, at the request of the questioning
7 attorney, shall include a clear statement as to
8 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
12 shall not make statements or comments that
13 interfere with the questioning.
14 A deponent shall answer all questions at
15 a deposition, except (i) to preserve a
16 privilege or right of confidentiality, (ii) to
17 enforce a limitation set forth in an order of a
18 court, or (iii) when the question is plainly
19 improper and would, if answered, cause
20 significant prejudice to any person. An
21 attorney shall not direct a deponent not to
22 answer except as provided in CPLR Rule 3115 or
23 this subdivision. Any refusal to answer or
24 direction not to answer shall be accompanied by
25 a succinct and clear statement of the basis
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
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 shall not interrupt the
7 deposition for the purpose of communicating
8 with the deponent unless all parties consent or
9 the communication is made for the purpose of
10 determining whether the question should not be
11 answered on the grounds set forth in section
12 221.2 of these rules and, in such event, the
13 reason for the communication shall be stated
14 for the record succinctly and clearly.
15 This deposition shall be sworn to by the
16 witness being examined before a Notary Public
17 other than the Notary Public before whom this
18 examination was begun, but the failure to do so
19 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 thereby.
23 The filing of the original of this
24 deposition is waived.
25
LEX REPORTING SERVICE
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
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 01/13/2021.)
7 (A Cut Form was previously
8 marked as V.N.A.'s Exhibit 2 for
9 identification as of 01/13/2021.)
10 (A Trouble Ticket was
11 previously marked as V.N.A.'s
12 Exhibit 3 for identification as
13 of 01/13/2021.)
14 (Map 1232 was previously
15 marked as V.N.A.'s Exhibit 4 for
16 identification as of 01/13/2021.)
17 (A multi-page Verizon
18 Agreement was previously marked
19 as V.N.A.'s Exhibit 5 for
20 identification on 01/13/2021.)
21 THE REPORTER: This hearing
22 is being conducted by Zoom video
23 conferencing and all parties
24 present for this hearing are
25 appearing remotely and have
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 7
2 confirmed that they can hear and
3 see through the video without any
4 technical issues.
5 Before I swear in the
6 witness, I will ask Counsel to
7 stipulate on the record, that due
8 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
12 the Deponent, and that there is
13 no objection to that at this
14 time, nor will there be an
15 objection to it at a future date.
16 Counsel, do you agree?
17 MR. RAPHAEL: Agreed.
18 MS. BARRY: Agree.
19 MS. KARASICK: So
20 stipulated.
21 MR. KURZATKOWSKI: Agree.
22 THE REPORTER: And, Counsel,
23 can you represent that to the
24 best of your knowledge and
25 belief, that the witness
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 8
2 appearing today via video
3 conference is indeed Anthony
4 Coccimiglio?
5 MS. BARRY: Yes, it is.
6 A N T H O N Y C O C C I M I G L I O, the
7 witness herein, having first been duly
8 sworn by a Notary Public of the State of
9 New York, was examined and testified as
10 follows:
11 EXAMINATION BY
12 MR. RAPHAEL:
13 Q State your name for the record,
14 please.
15 A Anthony Bruno Coccimiglio.
16 Q State your address for the
17 record, please.
18 A 1037 61st Street, Brooklyn, New
19 York 11219.
20 Q Anthony, good morning. Thank you
21 for joining us.
22 A Good morning.
23 Q Have you ever been deposed
24 before?
25 A Yes.
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 9
2 Q Where are you, there is a little
3 echo in your room.
4 A I am in an office.
5 Q Are you on a laptop or a phone?
6 A It's a laptop.
7 MR. RAPHAEL: Off the
8 record.
9 (Whereupon, an
10 off-the-record discussion was
11 held.)
12 MR. RAPHAEL: Back on the
13 record.
14 Q Anthony, my name is Steven
15 Raphael, I am of counsel to Goidel and
16 Siegel, the attorneys of record for Maria
17 Babayan in this case against several
18 entities, including V.N.A., presumably your
19 employer, and we will verify that as we go
20 along.
21 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,
24 and I ask that you answer these questions out
25 loud as opposed to a body language or
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 10
2 gestures because we have a Court Reporter
3 here and we are making a record of everything
4 that is taking place. Will you do that for
5 me?
6 A Yes.
7 Q If you do not understand any of
8 my questions, you must let me know; will you
9 do that for me?
10 A I will.
11 Q All right. If you need to take a
12 break or talk to your attorney, you let us
13 know --
14 A Thank you.
15 -- and we will
Q certainly
16 accommodate you; all right?
17 A Thank you.
18 Q Can you give me your date of
19 birth off the record, please?
20 A No.
21 Q I am sorry?
22 A Off or on I won't give my date of
23 birth.
24 Q You do not want to do it either
25 way?
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--
1 A. COCCIMIGLIO 11
2 A Correct.
3 Q All right. Are you a New York
4 State resident?
5 A Yes.
6 Q Do you have a New York State
7 driver's license?
8 A Yes, sir.
9 Q You do not live at 1037 61st
10 Street, do you?
11 A No, sir.
12 Q You live in Brooklyn?
13 A Yes, sir.
14 Q By whom are you presently
15 employed?
16 A I am a co-owner of V.N.A. Utility
17 Contracting.
18 Q Is the proper name of that
19 company V.N.A. Utility Contracting Company,
20 Inc.?
21 A Yes, sir.
22 Q How much of the company do you
23 own?
24 A 25 percent.
25 Q Who owns the remainder of the
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 12
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 first name is like mine, last
7 name Naccarato; he has 50 percent ownership.
8 Q 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.
12 Q All right. What is the business
13 of your company?
14 A We install conduit exclusively
15 for Verizon Communications.
16 Q Did you ever work for Verizon?
17 A No, I never worked for Verizon, I
18 do work for Verizon.
19 Q What is the highest level of
20 education you have completed?
21 A College.
22 Q What did you study in college?
23 A Business management and
24 accounting. I think I have a minor in
25 accounting almost.
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 13
2 Q Where did you go to college?
3 A St. Francis College.
4 Q Is that where Dr. Fauci went?
5 A I don't know about that but he
6 lives by me.
7 Q He what?
8 A Yes.
9 Q So what are your duties and
10 responsibilities at V.N.A.?
11 A I run the day-to-day business
12 functions, I also deal with engineering, I am
13 the safety coordinator also, accounts
14 receivable, accounts payable, that's about
15 it.
16 Q All right. Back during 2012, did
17 V.N.A. have a contract with Verizon?
18 A I believe so, yes.
19 Q Did they have a contract with
20 Verizon in 2013, as well?
21 A Yes, sir.
22 MS. BARRY: Objection to
23 form. Can you please specify? I
24 mean, he probably had multiple
25 contracts with Verizon at that
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 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.
7 have a contract is the question.
8 MR. RAPHAEL: Yes.
9 Q Anthony, take a look at what was
10 marked as V.N.A. Exhibit number 5, please.
11 MS. BARRY: Someone has to
12 show it to him.
13 MR. RAPHAEL: Marina, there
14 is a document that was marked
15 V.N.A. 5, January 13, 2021, do
16 you have that available to you?
17 It is Contract 946-2010.
18 MS. KARASICK: I can bring
19 it up, if you would like. Can
20 you see that, sir?
21 THE WITNESS: Yes, I can.
22 If you can go to the last page,
23 please.
24 MS. KARASICK: This is page
25 31 of 32.
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1 A. COCCIMIGLIO 15
2 THE WITNESS: Right there.
3 MS. BARRY: This is
4 Plaintiff's Exhibit 5?
5 MR. RAPHAEL: It was marked
6 as Exhibit 5 on 01/13/2021, the
7 date on which this deposition was
8 scheduled originally.
9 MS. BARRY: Okay.
10 MS. KARASICK: Let me go
11 back up.
12 Q So, Anthony, was that contract in
13 effect during 2013?
14 A I believe so.
15 Q All right. That was a contract
16 l between Verizon and V.N.A.; right?
17 A Yes, sir.
18 Q What did that contract cover?
19 A The borough of South Brooklyn.
20 Q Did that contract cover any and
21 all work done by your company for Verizon
22 during a certain period of time?
23 A Yes, sir.
24 Q What was that period of time?
25 A I believe it's three years from
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NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022
1 A. COCCIMIGLIO 16
2 the date of the end of the year, it was 2010
3 I believe I saw. I think that contract had
4 expired maybe December of 2013, I believe.
5 Q There was another contract in
6 effect, correct?
7 A Yes, correct.
8 Q Now, I would like you to take a
9 look at the document that was marked Exhibit
10 2, V.N.A. 2 on January 13, 2021.
11 THE WITNESS: Can you scroll
12 down a little on that background,
13 please? That's fine, okay.
14 Q There is a contract number there,
15 do you see that?
16 THE WITNESS: Can you scroll
17 up? I'm sorry.
18 MS. KARASICK: Okay.
19 THE WITNESS: Yes, I do.
20 Q First let me ask you, do you
21 recognize this document?
22 A Yes.
23 Q What is the document?
24 A It's the Cut Form that was filled
25 out and signed of the actual work that we
LEX REPORTING SERVICE
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FILED: KINGS
Preview
FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 ORIGNAL SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - - - - - - - - - - - - - - - - - - - - - - x MARIA BABAYAN, Plaintiff , -against- THE CITY OF NEW YORK, VERIZON NEW YORK, INC., CONSOLIDATED EDISON, INC., AND V.N.A. UTILITY CONTRACTING CO, INC., Defendants . - - - - - - - - - - - - - - - - - - - - - - x Video Conference Via Zoom Conducted by: Lex Reporting Service 160 Broadway New York, New York January 19, 2021 10:03 a.m. DEPOSITION of ANTHONY COCCIMIGLIO, on behalf of V.N. A. UTILITY 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 Public within and for the State of New York. LEX#162113 REPORTING SERVICE, INC. PROFESSIONAL REPORTING SINCE 1980 TOLL FREE800.608.6085 - - FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 2 2 A P P E A R A N C E S: 3 4 GOIDEL & SIEGEL, LLP Attorneys for Plaintiff 5 56 West 45th Street New York, New York 10036 6 BY: STEVEN RAPHAEL, ESQ. 7 NEW YORK CITY LAW DEPARTMENT 8 CORPORATION COUNSEL FOR NYC Attorneys for Defendant 9 THE CITY OF NEW YORK 350 Jay Street 10 Brooklyn, New York 11201 NOT PRESENT 11 12 LEWIS, BRISBOIS, BISGAARD & SMITH LLP Attorneys for Defendant 13 VERIZON NEW YORK, INC. 77 Water Street 14 New York, New York 10005 BY: SHIRLEY KARASICK, ESQ. 15 16 RUSSO AND GOULD LLP Attorneys for Defendant 17 CONSOLIDATED EDISON, INC. 33 Whitehall Street 18 New York, New York 10004 BY: MARCIN KURZATKOWSKI, ESQ. 19 20 LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant 21 V.N.A. UTILITY CONTRACTING CO., INC. One Whitehall Street 22 New York, New York 10004 BY: KERRIE BARRY, ESQ. 23 24 25 LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 3 2 S T I P U L A T I O N S 3 4 IT IS HEREBY STIPULATED AND AGREED by 5 and between the attorneys for the respective 6 parties herein as follows: 7 All rights provided by the CPLR and Part 8 221 of the Uniform Rules for the Conduct of 9 Depositions, including the right to object to 10 any question except as to form, or such other 11 irregularity that would be waived if not 12 interposed, or to move to strike any testimony 13 at this examination is reserved. 14 No objections shall be made at a 15 deposition except those which, pursuant to 16 subdivision (b), (c) or (d) of Rule 3115 of the 17 Civil Practice Law and Rules, would be waived 18 if not interposed, and except in compliance 19 with subdivision (e) of such rule. All 20 objections made at a deposition shall be noted 21 by the officer before whom the deposition is 22 taken, and the answer shall be given and the 23 deposition shall proceed subject to the 24 objections and to the right of a person to 25 apply for appropriate relief pursuant to LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 4 2 Article 31 of the CPLR. 3 Every objection raised during a 4 deposition shall be stated succinctly and 5 framed so as not to suggest an answer to the 6 deponent and, at the request of the questioning 7 attorney, shall include a clear statement as to 8 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 12 shall not make statements or comments that 13 interfere with the questioning. 14 A deponent shall answer all questions at 15 a deposition, except (i) to preserve a 16 privilege or right of confidentiality, (ii) to 17 enforce a limitation set forth in an order of a 18 court, or (iii) when the question is plainly 19 improper and would, if answered, cause 20 significant prejudice to any person. An 21 attorney shall not direct a deponent not to 22 answer except as provided in CPLR Rule 3115 or 23 this subdivision. Any refusal to answer or 24 direction not to answer shall be accompanied by 25 a succinct and clear statement of the basis LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 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 shall not interrupt the 7 deposition for the purpose of communicating 8 with the deponent unless all parties consent or 9 the communication is made for the purpose of 10 determining whether the question should not be 11 answered on the grounds set forth in section 12 221.2 of these rules and, in such event, the 13 reason for the communication shall be stated 14 for the record succinctly and clearly. 15 This deposition shall be sworn to by the 16 witness being examined before a Notary Public 17 other than the Notary Public before whom this 18 examination was begun, but the failure to do so 19 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 thereby. 23 The filing of the original of this 24 deposition is waived. 25 LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 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 01/13/2021.) 7 (A Cut Form was previously 8 marked as V.N.A.'s Exhibit 2 for 9 identification as of 01/13/2021.) 10 (A Trouble Ticket was 11 previously marked as V.N.A.'s 12 Exhibit 3 for identification as 13 of 01/13/2021.) 14 (Map 1232 was previously 15 marked as V.N.A.'s Exhibit 4 for 16 identification as of 01/13/2021.) 17 (A multi-page Verizon 18 Agreement was previously marked 19 as V.N.A.'s Exhibit 5 for 20 identification on 01/13/2021.) 21 THE REPORTER: This hearing 22 is being conducted by Zoom video 23 conferencing and all parties 24 present for this hearing are 25 appearing remotely and have LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 7 2 confirmed that they can hear and 3 see through the video without any 4 technical issues. 5 Before I swear in the 6 witness, I will ask Counsel to 7 stipulate on the record, that due 8 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 12 the Deponent, and that there is 13 no objection to that at this 14 time, nor will there be an 15 objection to it at a future date. 16 Counsel, do you agree? 17 MR. RAPHAEL: Agreed. 18 MS. BARRY: Agree. 19 MS. KARASICK: So 20 stipulated. 21 MR. KURZATKOWSKI: Agree. 22 THE REPORTER: 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 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 8 2 appearing today via video 3 conference is indeed Anthony 4 Coccimiglio? 5 MS. BARRY: Yes, it is. 6 A N T H O N Y C O C C I M I G L I O, the 7 witness herein, having first been duly 8 sworn by a Notary Public of the State of 9 New York, was examined and testified as 10 follows: 11 EXAMINATION BY 12 MR. RAPHAEL: 13 Q State your name for the record, 14 please. 15 A Anthony Bruno Coccimiglio. 16 Q State your address for the 17 record, please. 18 A 1037 61st Street, Brooklyn, New 19 York 11219. 20 Q Anthony, good morning. Thank you 21 for joining us. 22 A Good morning. 23 Q Have you ever been deposed 24 before? 25 A Yes. LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 9 2 Q Where are you, there is a little 3 echo in your room. 4 A I am in an office. 5 Q Are you on a laptop or a phone? 6 A It's a laptop. 7 MR. RAPHAEL: Off the 8 record. 9 (Whereupon, an 10 off-the-record discussion was 11 held.) 12 MR. RAPHAEL: Back on the 13 record. 14 Q Anthony, my name is Steven 15 Raphael, I am of counsel to Goidel and 16 Siegel, the attorneys of record for Maria 17 Babayan in this case against several 18 entities, including V.N.A., presumably your 19 employer, and we will verify that as we go 20 along. 21 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, 24 and I ask that you answer these questions out 25 loud as opposed to a body language or LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 10 2 gestures because we have a Court Reporter 3 here and we are making a record of everything 4 that is taking place. Will you do that for 5 me? 6 A Yes. 7 Q If you do not understand any of 8 my questions, you must let me know; will you 9 do that for me? 10 A I will. 11 Q All right. If you need to take a 12 break or talk to your attorney, you let us 13 know -- 14 A Thank you. 15 -- and we will Q certainly 16 accommodate you; all right? 17 A Thank you. 18 Q Can you give me your date of 19 birth off the record, please? 20 A No. 21 Q I am sorry? 22 A Off or on I won't give my date of 23 birth. 24 Q You do not want to do it either 25 way? LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 -- 1 A. COCCIMIGLIO 11 2 A Correct. 3 Q All right. Are you a New York 4 State resident? 5 A Yes. 6 Q Do you have a New York State 7 driver's license? 8 A Yes, sir. 9 Q You do not live at 1037 61st 10 Street, do you? 11 A No, sir. 12 Q You live in Brooklyn? 13 A Yes, sir. 14 Q By whom are you presently 15 employed? 16 A I am a co-owner of V.N.A. Utility 17 Contracting. 18 Q Is the proper name of that 19 company V.N.A. Utility Contracting Company, 20 Inc.? 21 A Yes, sir. 22 Q How much of the company do you 23 own? 24 A 25 percent. 25 Q Who owns the remainder of the LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 12 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 first name is like mine, last 7 name Naccarato; he has 50 percent ownership. 8 Q 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. 12 Q All right. What is the business 13 of your company? 14 A We install conduit exclusively 15 for Verizon Communications. 16 Q Did you ever work for Verizon? 17 A No, I never worked for Verizon, I 18 do work for Verizon. 19 Q What is the highest level of 20 education you have completed? 21 A College. 22 Q What did you study in college? 23 A Business management and 24 accounting. I think I have a minor in 25 accounting almost. LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 13 2 Q Where did you go to college? 3 A St. Francis College. 4 Q Is that where Dr. Fauci went? 5 A I don't know about that but he 6 lives by me. 7 Q He what? 8 A Yes. 9 Q So what are your duties and 10 responsibilities at V.N.A.? 11 A I run the day-to-day business 12 functions, I also deal with engineering, I am 13 the safety coordinator also, accounts 14 receivable, accounts payable, that's about 15 it. 16 Q All right. Back during 2012, did 17 V.N.A. have a contract with Verizon? 18 A I believe so, yes. 19 Q Did they have a contract with 20 Verizon in 2013, as well? 21 A Yes, sir. 22 MS. BARRY: Objection to 23 form. Can you please specify? I 24 mean, he probably had multiple 25 contracts with Verizon at that LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 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. 7 have a contract is the question. 8 MR. RAPHAEL: Yes. 9 Q Anthony, take a look at what was 10 marked as V.N.A. Exhibit number 5, please. 11 MS. BARRY: Someone has to 12 show it to him. 13 MR. RAPHAEL: Marina, there 14 is a document that was marked 15 V.N.A. 5, January 13, 2021, do 16 you have that available to you? 17 It is Contract 946-2010. 18 MS. KARASICK: I can bring 19 it up, if you would like. Can 20 you see that, sir? 21 THE WITNESS: Yes, I can. 22 If you can go to the last page, 23 please. 24 MS. KARASICK: This is page 25 31 of 32. LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 15 2 THE WITNESS: Right there. 3 MS. BARRY: This is 4 Plaintiff's Exhibit 5? 5 MR. RAPHAEL: It was marked 6 as Exhibit 5 on 01/13/2021, the 7 date on which this deposition was 8 scheduled originally. 9 MS. BARRY: Okay. 10 MS. KARASICK: Let me go 11 back up. 12 Q So, Anthony, was that contract in 13 effect during 2013? 14 A I believe so. 15 Q All right. That was a contract 16 l between Verizon and V.N.A.; right? 17 A Yes, sir. 18 Q What did that contract cover? 19 A The borough of South Brooklyn. 20 Q Did that contract cover any and 21 all work done by your company for Verizon 22 during a certain period of time? 23 A Yes, sir. 24 Q What was that period of time? 25 A I believe it's three years from LEX REPORTING SERVICE 800-608-6085 FILED: KINGS COUNTY CLERK 02/08/2022 10:37 AM INDEX NO. 17132/2014 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 02/08/2022 1 A. COCCIMIGLIO 16 2 the date of the end of the year, it was 2010 3 I believe I saw. I think that contract had 4 expired maybe December of 2013, I believe. 5 Q There was another contract in 6 effect, correct? 7 A Yes, correct. 8 Q Now, I would like you to take a 9 look at the document that was marked Exhibit 10 2, V.N.A. 2 on January 13, 2021. 11 THE WITNESS: Can you scroll 12 down a little on that background, 13 please? That's fine, okay. 14 Q There is a contract number there, 15 do you see that? 16 THE WITNESS: Can you scroll 17 up? I'm sorry. 18 MS. KARASICK: Okay. 19 THE WITNESS: Yes, I do. 20 Q First let me ask you, do you 21 recognize this document? 22 A Yes. 23 Q What is the document? 24 A It's the Cut Form that was filled 25 out and signed of the actual work that we LEX REPORTING SERVICE 800-608-6085 FILED: KINGS