Preview
FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF KINGS
3 ________________________________
4 JOSE SALAZAR ORTIZ, FLORENCIO
5 RIVERA RODRIGUEZ, FELIX ORTEGA
6 PACHECO, GONZALO MARTINEZ, JUAN
7 CAMPOS TREJO, PLUTARCO NAVARRETE
8 CABANAS, and FOTIS LOUZAKOS,
9 Individually and on Behalf of
10 All Putative Class Members,
11 Plaintiffs,
12 v. Index No.
13 KARABINIS DINER CORP. d/b/a 513496/2019
14 OASIS DINER, AINOS REALTY CORP.,
15 PETROS LIBERATOS, HELEN
16 LIBERATOS and GEORGE LIBERATOS,
17 Jointly and Severally,
18
19 Defendants.
20 ________________________________
21
22 VIDEOCONFERENCE DEPOSITION OF
23 PETROS LIBERATOS
24
25
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 DATE: Monday, July 12, 2021
2 TIME: 10:06 a.m.
3 LOCATION: Remote Proceeding
4 New York, NY 10001
5 REPORTED BY: Chanyri Figueroa Monsanto, Notary
6 Public
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 A P P E A R A N C E S
2 ON BEHALF OF PLAINTIFFS JOSE SALAZAR ORTIZ,
3 FLORENCIO RIVERA RODRIGUEZ, FELIX ORTEGA PACHECO,
4 GONZALO MARTINEZ, JUAN CAMPOS TREJO, PLUTARCO
5 NAVARRETE CABANAS, and FOTIS LOUZAKOS, Individually
6 and on Behalf of All Putative Class Members:
7 BRENT E. PELTON, ESQUIRE (by videoconference)
8 Pelton Graham LLC
9 111 Broadway Suite 1503
10 New York, NY 10006
11 pelton@peltongraham.com
12
13 ALISON MANGIATORDI, ESQUIRE (by
14 videoconference)
15 Pelton Graham LLC
16 111 Broadway Suite 1503
17 New York, NY 10006
18 mangiatordi@peltongraham.com
19
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 A P P E A R A N C E S (Cont'd.)
2 ON BEHALF OF DEFENDANTS KARABINIS DINER CORP. d/b/a
3 OASIS DINER, AINOS REALTY CORP., PETROS LIBERATOS,
4 HELEN LIBERATOS, Jointly and Severally:
5 JOSHUA ANDROPHY, ESQUIRE (by videoconference)
6 Morrison Tenenbaum PLLC
7 87 Walker Street Floor 2
8 New York, NY 10013-3530
9 jandophy@m-t-law.com
10
11 LAWRENCE MORRISON, ESQUIRE (by videoconference)
12 Morrison Tenenbaum PLLC
13 87 Walker Street Floor 2
14 New York, NY 10013-3530
15 lmorrison@m-t-law.com
16
17 ALSO PRESENT:
18 Ellie Koteas, Greek Interpreter (by
19 videoconference)
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25
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 I N D E X
2 EXAMINATION: PAGE
3 By Mr. Pelton 9
4 E X H I B I T S
5 NO. DESCRIPTION PAGE
6 Exhibits Previously Marked
7 Exhibit 6 Department of Labor
8 Materials 29
9 Exhibit 7 Copy of Store Lease 43
10 Exhibit 8 Payroll Summary for July
11 through September 2013 53
12 Exhibit 9 Karabinis Diner Corp.
13 Payroll Summary October
14 through December 2015 47
15 Exhibit 10 25 paystubs for Plutarco
16 Navarrete 54
17 Exhibit 11 Felix Ortega's Work Hours 58
18 Exhibit 12 Paysheet signed by workers 62
19 Exhibit 13 Payroll Records for
20 Florencio Rivera 71
21 Exhibit 15 Document P-51 72
22 Exhibit 19 Signed pay records 73
23 Exhibit 20 Defendant's Interrogatory
24 Responses 73
25 (*Exhibits retained by counsel.)
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 I N D E X (cont'd)
2 D O C U M E N T S R E Q U E S T E D
3 NO. DESCRIPTION PAGE
4 1 Oasis Diner Current Lease 44
5 2 Oasis Diner Robbery
6 Police Reports 64
7 3 Payroll Documents 80
8 4 Signature Pages 80
9 5 Complete Response to
10 Interrogatory 25 80
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
Page 7
1 P. LIBERATOS
2 REPORTER: Good morning. My name is
3 Chanyri Figueroa; I am an officer assigned by Veritext
4 to take the Zoom record of this proceeding. I am a
5 notary authorized to take acknowledgements and
6 administer oaths in New York State. We are now on the
7 record.
8 This is the deposition of Petros Liberatos taken in
9 the matter of Jose Salazar Ortiz, Florencio Rivera
10 Rodriguez, Felix Ortega Pacheco, Gonzalo Martinez,
11 Juan Campos Trejo, Plutarco Navarrete Cabanas, and
12 Fotis Louzakos vs. Karabinis Diner Corp. d/b/a Oasis
13 Diner, Ainos Realty Corp., Petros Liberatos, Helen
14 Liberatos, and George Liberatos at 10:06 a.m. on July
15 12, 2021.
16 Due to the pandemic and out of concern
17 for public and participant safety, parties agree for
18 me to swear in the witness remotely outside of his
19 presence.
20 Additionally, absent an objection on
21 the record before the witness is sworn, all parties
22 and the witness understand and agree that any
23 certified transcript produced from the recording
24 virtually of this proceeding:
25 - is intended for all uses permitted
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
Page 8
1 P. LIBERATOS
2 under applicable procedural and
3 evidentiary rules and laws in the same
4 manner as a deposition recorded by
5 stenographic means; and
6 - shall constitute written stipulation
7 of such.
8 At this time will everyone identify
9 yourself for the record.
10 MR. PELTON: Good morning. This is
11 Brent Pelton, plaintiff's attorney. With me is Alison
12 Mangiatordi.
13 MR. ANDROPHY: Good morning. This is
14 Joshua Androphy, defendant's attorney in this matter.
15 REPORTER: Thank you. Hearing no
16 objection, I will now swear in the interpreter, then
17 the witness.
18 Ms. Interpreter, please raise your
19 right hand.
20 (Interpreter Ellie Koteas sworn to
21 translate between English and Greek.)
22 REPORTER: Thank you. Now I'm going to
23 swear in the witness.
24 Please raise your right hand.
25 //
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 WHEREUPON,
3 PETROS LIBERATOS,
4 called as a witness, and having been first duly sworn
5 to tell the truth, the whole truth and nothing but the
6 truth, was examined and testified as follows:
7 REPORTER: Thank you. You may begin.
8 EXAMINATION
9 BY MR. PELTON:
10 Q Good morning, Mr. Liberatos. As you recall,
11 my name is Brent Pelton. I'm the counsel for the
12 plaintiffs in the lawsuit against you and Oasis Diner.
13 This is a continuation of your deposition.
14 You understand that you are under oath in this
15 proceeding. Correct?
16 A Yes.
17 Q Is there any reason why your testimony today
18 would not be truthful and accurate?
19 A It will be truthful.
20 Q Have you had any alcohol, prescription
21 drugs, medicines, drugs of any of sort that would
22 impair your ability to testify truthfully today?
23 A No.
24 Q After giving your prior testimony, do you
25 know if there were any mistakes or corrections that
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 needed to be made?
3 A No.
4 Q Have you spoken with anybody since your last
5 deposition regarding today's deposition?
6 A No.
7 Q Have you conducted a further search of your
8 basement to see how many boxes and what are in the
9 boxes of employment records?
10 A No.
11 Q Have you conducted the search of the garage
12 to see about the employment records that are kept in
13 the garage?
14 A No.
15 Q You recall at the end of your prior
16 deposition, I was asking you questions regarding the
17 Department of Labor investigation. You remember that
18 Department of Labor investigation?
19 A Yes.
20 Q And after the Department of Labor
21 investigation, Oasis Diner did nothing to change its
22 payroll practices. Correct?
23 A The paperwork is done by my wife and the
24 secretary.
25 Q Who is the secretary?
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 A My secretary is the accountant who does the
3 paperwork.
4 Q Is there somebody else in the room that
5 you're speaking with?
6 A My grandson.
7 Q Okay. What is the name of your
8 secretary/accountant?
9 A His first name is Randall.
10 Q And his last name?
11 A I don't remember.
12 Q And how long have you been working with
13 Randall?
14 A Twelve years, during which he does my
15 papers.
16 Q And is Randall a CPA?
17 A My wife would know.
18 Q You say that Randall does your papers. What
19 do you mean by that?
20 A As the accountant.
21 INTERPRETER: Or -- I'm sorry -- I
22 believe he said, "My accounting." Interpreter said
23 that.
24 BY MR. PELTON:
25 Q And does Randall stop at the diner on a
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 weekly basis?
3 A No.
4 Q Does Randall stop at the diner on a monthly
5 basis?
6 A My wife goes to his office.
7 Q Does she do that weekly?
8 A I don't know.
9 Q What documents does your wife bring to
10 Randall?
11 A I don't know.
12 Q Do you keep a ledger showing cash payments
13 at the diner?
14 MR. ANDROPHY: Objection to the form of
15 the question.
16 INTERPRETER: Can he answer?
17 MR. ANDROPHY: You have to translate my
18 objection, right? Did you do that? I'm sorry.
19 INTERPRETER: Are you his attorney?
20 MR. ANDROPHY: I object and now -- yes.
21 Yes, now you may answer now that my objection has been
22 noted. Yes. You may answer, Peter.
23 INTERPRETER: Thank you.
24 INTERPRETER (FOR THE WITNESS): My wife
25 does it. She maintains all the paperwork.
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 BY MR. PELTON:
3 Q Aren't there times when you need to make
4 cash payments when your wife is not there?
5 MR. MORRISON: Though I again object to
6 the form of the question, but you may answer the
7 question.
8 MR. PELTON: And Mr. Morrison, in the
9 future you can just say, "Objection." And that's
10 sufficient to note your objection.
11 MR. MORRISON: Thank you. No, I just
12 want to make sure the translator knows that she has to
13 let the witness know in Greek that I'm objecting.
14 Thank you, though.
15 INTERPRETER: Right, but only if you
16 say -- only if you say, "But don't answer the
17 question," then I'll add that. Otherwise, I'll say
18 that you object.
19 MR. MORRISON: Understood.
20 INTERPRETER: Thank you. Oh, is there
21 an open question? Please.
22 MR. PELTON: Yes.
23 INTERPRETER: Please repeat the
24 question if you don't mind.
25 //
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FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 BY MR. PELTON:
3 Q Aren't there times when you've made cash
4 payments when your wife is not there?
5 A Make cash payments to who?
6 Q To employees.
7 A My wife is with me, and we do it together.
8 Q A number of the employees say that they
9 received cash payments from you and you alone when
10 your wife was not there. Is that inaccurate?
11 MR. MORRISON: Objection to the form of
12 the question. You can answer it if you can.
13 A It's possible that I may have done this
14 occasionally.
15 Q How did you keep track of the cash payments?
16 A Well, I take out the card with the name of
17 the particular employee. I look at his hours that he
18 has worked. I have him look at it, too. And I write
19 down the amount of money that I will be paying him.
20 He signs on the card that amount for those hours, and
21 I pay him.
22 Q So you take out the card and you look at the
23 number of hours that have been worked?
24 A With the worker together.
25 Q And then what do you -- with the worker you
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NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 look at the card and you see the total number of
3 hours. Then what do you do?
4 A Well, I look at the card. I write down the
5 hours he has worked. I pay him the regular salary for
6 the regular amount of hours. If I see that he has
7 worked overtime, then I also add payment of time and a
8 half for each hour.
9 Q What do you mean you pay the regular salary
10 for the normal hours worked?
11 A I look at the hours that he has clocked in
12 for; how many hours he has worked.
13 Q And if that employee typically worked 60
14 hours per week, he or she is paid for that typical
15 salary amount?
16 A He will be paid by the hour for how many
17 hours he has worked.
18 Q And how do you calculate the pay?
19 A By the hour.
20 Q And what did you do -- did you write down on
21 the cards his hourly rate and do the math on the punch
22 cards? Or did you do the math in your head? How did
23 that work?
24 MR. MORRISON: Objection. But you can
25 answer.
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NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022
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1 P. LIBERATOS
2 MR. ANDROPHY: We can proceed.
3 REPORTER: We're back on the record.
4 BY MR. PELTON:
5 Q Mr. Liberatos, did you speak with your
6 attorneys during the break?
7 A No. I made a Greek coffee so I could sit
8 here longer.
9 Q Did you speak with anybody else during the
10 break?
11 A With my grandchild.
12 Q Are you claiming that records are missing
13 because the file cabinet was stolen?
14 A That's what I believe.
15 Q Was the robbery before or after the start of
16 the COVID pandemic?
17 A Before. Before.
18 Q Was the robbery before or after September
19 11th, 2001?
20 A No. It was around '13 or '14.
21 Q 2013 or 2014?
22 A Yes. I think somewhere around that time.
23 Q Could you tell me a little bit more about
24 the security camera system at the diner?
25 A Well, when this incident occurred and the
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Preview
FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF KINGS 3 ________________________________ 4 JOSE SALAZAR ORTIZ, FLORENCIO 5 RIVERA RODRIGUEZ, FELIX ORTEGA 6 PACHECO, GONZALO MARTINEZ, JUAN 7 CAMPOS TREJO, PLUTARCO NAVARRETE 8 CABANAS, and FOTIS LOUZAKOS, 9 Individually and on Behalf of 10 All Putative Class Members, 11 Plaintiffs, 12 v. Index No. 13 KARABINIS DINER CORP. d/b/a 513496/2019 14 OASIS DINER, AINOS REALTY CORP., 15 PETROS LIBERATOS, HELEN 16 LIBERATOS and GEORGE LIBERATOS, 17 Jointly and Severally, 18 19 Defendants. 20 ________________________________ 21 22 VIDEOCONFERENCE DEPOSITION OF 23 PETROS LIBERATOS 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 2 1 DATE: Monday, July 12, 2021 2 TIME: 10:06 a.m. 3 LOCATION: Remote Proceeding 4 New York, NY 10001 5 REPORTED BY: Chanyri Figueroa Monsanto, Notary 6 Public 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 3 1 A P P E A R A N C E S 2 ON BEHALF OF PLAINTIFFS JOSE SALAZAR ORTIZ, 3 FLORENCIO RIVERA RODRIGUEZ, FELIX ORTEGA PACHECO, 4 GONZALO MARTINEZ, JUAN CAMPOS TREJO, PLUTARCO 5 NAVARRETE CABANAS, and FOTIS LOUZAKOS, Individually 6 and on Behalf of All Putative Class Members: 7 BRENT E. PELTON, ESQUIRE (by videoconference) 8 Pelton Graham LLC 9 111 Broadway Suite 1503 10 New York, NY 10006 11 pelton@peltongraham.com 12 13 ALISON MANGIATORDI, ESQUIRE (by 14 videoconference) 15 Pelton Graham LLC 16 111 Broadway Suite 1503 17 New York, NY 10006 18 mangiatordi@peltongraham.com 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 4 1 A P P E A R A N C E S (Cont'd.) 2 ON BEHALF OF DEFENDANTS KARABINIS DINER CORP. d/b/a 3 OASIS DINER, AINOS REALTY CORP., PETROS LIBERATOS, 4 HELEN LIBERATOS, Jointly and Severally: 5 JOSHUA ANDROPHY, ESQUIRE (by videoconference) 6 Morrison Tenenbaum PLLC 7 87 Walker Street Floor 2 8 New York, NY 10013-3530 9 jandophy@m-t-law.com 10 11 LAWRENCE MORRISON, ESQUIRE (by videoconference) 12 Morrison Tenenbaum PLLC 13 87 Walker Street Floor 2 14 New York, NY 10013-3530 15 lmorrison@m-t-law.com 16 17 ALSO PRESENT: 18 Ellie Koteas, Greek Interpreter (by 19 videoconference) 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 5 1 I N D E X 2 EXAMINATION: PAGE 3 By Mr. Pelton 9 4 E X H I B I T S 5 NO. DESCRIPTION PAGE 6 Exhibits Previously Marked 7 Exhibit 6 Department of Labor 8 Materials 29 9 Exhibit 7 Copy of Store Lease 43 10 Exhibit 8 Payroll Summary for July 11 through September 2013 53 12 Exhibit 9 Karabinis Diner Corp. 13 Payroll Summary October 14 through December 2015 47 15 Exhibit 10 25 paystubs for Plutarco 16 Navarrete 54 17 Exhibit 11 Felix Ortega's Work Hours 58 18 Exhibit 12 Paysheet signed by workers 62 19 Exhibit 13 Payroll Records for 20 Florencio Rivera 71 21 Exhibit 15 Document P-51 72 22 Exhibit 19 Signed pay records 73 23 Exhibit 20 Defendant's Interrogatory 24 Responses 73 25 (*Exhibits retained by counsel.) Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 6 1 I N D E X (cont'd) 2 D O C U M E N T S R E Q U E S T E D 3 NO. DESCRIPTION PAGE 4 1 Oasis Diner Current Lease 44 5 2 Oasis Diner Robbery 6 Police Reports 64 7 3 Payroll Documents 80 8 4 Signature Pages 80 9 5 Complete Response to 10 Interrogatory 25 80 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 7 1 P. LIBERATOS 2 REPORTER: Good morning. My name is 3 Chanyri Figueroa; I am an officer assigned by Veritext 4 to take the Zoom record of this proceeding. I am a 5 notary authorized to take acknowledgements and 6 administer oaths in New York State. We are now on the 7 record. 8 This is the deposition of Petros Liberatos taken in 9 the matter of Jose Salazar Ortiz, Florencio Rivera 10 Rodriguez, Felix Ortega Pacheco, Gonzalo Martinez, 11 Juan Campos Trejo, Plutarco Navarrete Cabanas, and 12 Fotis Louzakos vs. Karabinis Diner Corp. d/b/a Oasis 13 Diner, Ainos Realty Corp., Petros Liberatos, Helen 14 Liberatos, and George Liberatos at 10:06 a.m. on July 15 12, 2021. 16 Due to the pandemic and out of concern 17 for public and participant safety, parties agree for 18 me to swear in the witness remotely outside of his 19 presence. 20 Additionally, absent an objection on 21 the record before the witness is sworn, all parties 22 and the witness understand and agree that any 23 certified transcript produced from the recording 24 virtually of this proceeding: 25 - is intended for all uses permitted Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 8 1 P. LIBERATOS 2 under applicable procedural and 3 evidentiary rules and laws in the same 4 manner as a deposition recorded by 5 stenographic means; and 6 - shall constitute written stipulation 7 of such. 8 At this time will everyone identify 9 yourself for the record. 10 MR. PELTON: Good morning. This is 11 Brent Pelton, plaintiff's attorney. With me is Alison 12 Mangiatordi. 13 MR. ANDROPHY: Good morning. This is 14 Joshua Androphy, defendant's attorney in this matter. 15 REPORTER: Thank you. Hearing no 16 objection, I will now swear in the interpreter, then 17 the witness. 18 Ms. Interpreter, please raise your 19 right hand. 20 (Interpreter Ellie Koteas sworn to 21 translate between English and Greek.) 22 REPORTER: Thank you. Now I'm going to 23 swear in the witness. 24 Please raise your right hand. 25 // Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 9 1 P. LIBERATOS 2 WHEREUPON, 3 PETROS LIBERATOS, 4 called as a witness, and having been first duly sworn 5 to tell the truth, the whole truth and nothing but the 6 truth, was examined and testified as follows: 7 REPORTER: Thank you. You may begin. 8 EXAMINATION 9 BY MR. PELTON: 10 Q Good morning, Mr. Liberatos. As you recall, 11 my name is Brent Pelton. I'm the counsel for the 12 plaintiffs in the lawsuit against you and Oasis Diner. 13 This is a continuation of your deposition. 14 You understand that you are under oath in this 15 proceeding. Correct? 16 A Yes. 17 Q Is there any reason why your testimony today 18 would not be truthful and accurate? 19 A It will be truthful. 20 Q Have you had any alcohol, prescription 21 drugs, medicines, drugs of any of sort that would 22 impair your ability to testify truthfully today? 23 A No. 24 Q After giving your prior testimony, do you 25 know if there were any mistakes or corrections that Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 10 1 P. LIBERATOS 2 needed to be made? 3 A No. 4 Q Have you spoken with anybody since your last 5 deposition regarding today's deposition? 6 A No. 7 Q Have you conducted a further search of your 8 basement to see how many boxes and what are in the 9 boxes of employment records? 10 A No. 11 Q Have you conducted the search of the garage 12 to see about the employment records that are kept in 13 the garage? 14 A No. 15 Q You recall at the end of your prior 16 deposition, I was asking you questions regarding the 17 Department of Labor investigation. You remember that 18 Department of Labor investigation? 19 A Yes. 20 Q And after the Department of Labor 21 investigation, Oasis Diner did nothing to change its 22 payroll practices. Correct? 23 A The paperwork is done by my wife and the 24 secretary. 25 Q Who is the secretary? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 11 1 P. LIBERATOS 2 A My secretary is the accountant who does the 3 paperwork. 4 Q Is there somebody else in the room that 5 you're speaking with? 6 A My grandson. 7 Q Okay. What is the name of your 8 secretary/accountant? 9 A His first name is Randall. 10 Q And his last name? 11 A I don't remember. 12 Q And how long have you been working with 13 Randall? 14 A Twelve years, during which he does my 15 papers. 16 Q And is Randall a CPA? 17 A My wife would know. 18 Q You say that Randall does your papers. What 19 do you mean by that? 20 A As the accountant. 21 INTERPRETER: Or -- I'm sorry -- I 22 believe he said, "My accounting." Interpreter said 23 that. 24 BY MR. PELTON: 25 Q And does Randall stop at the diner on a Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 12 1 P. LIBERATOS 2 weekly basis? 3 A No. 4 Q Does Randall stop at the diner on a monthly 5 basis? 6 A My wife goes to his office. 7 Q Does she do that weekly? 8 A I don't know. 9 Q What documents does your wife bring to 10 Randall? 11 A I don't know. 12 Q Do you keep a ledger showing cash payments 13 at the diner? 14 MR. ANDROPHY: Objection to the form of 15 the question. 16 INTERPRETER: Can he answer? 17 MR. ANDROPHY: You have to translate my 18 objection, right? Did you do that? I'm sorry. 19 INTERPRETER: Are you his attorney? 20 MR. ANDROPHY: I object and now -- yes. 21 Yes, now you may answer now that my objection has been 22 noted. Yes. You may answer, Peter. 23 INTERPRETER: Thank you. 24 INTERPRETER (FOR THE WITNESS): My wife 25 does it. She maintains all the paperwork. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 13 1 P. LIBERATOS 2 BY MR. PELTON: 3 Q Aren't there times when you need to make 4 cash payments when your wife is not there? 5 MR. MORRISON: Though I again object to 6 the form of the question, but you may answer the 7 question. 8 MR. PELTON: And Mr. Morrison, in the 9 future you can just say, "Objection." And that's 10 sufficient to note your objection. 11 MR. MORRISON: Thank you. No, I just 12 want to make sure the translator knows that she has to 13 let the witness know in Greek that I'm objecting. 14 Thank you, though. 15 INTERPRETER: Right, but only if you 16 say -- only if you say, "But don't answer the 17 question," then I'll add that. Otherwise, I'll say 18 that you object. 19 MR. MORRISON: Understood. 20 INTERPRETER: Thank you. Oh, is there 21 an open question? Please. 22 MR. PELTON: Yes. 23 INTERPRETER: Please repeat the 24 question if you don't mind. 25 // Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 14 1 P. LIBERATOS 2 BY MR. PELTON: 3 Q Aren't there times when you've made cash 4 payments when your wife is not there? 5 A Make cash payments to who? 6 Q To employees. 7 A My wife is with me, and we do it together. 8 Q A number of the employees say that they 9 received cash payments from you and you alone when 10 your wife was not there. Is that inaccurate? 11 MR. MORRISON: Objection to the form of 12 the question. You can answer it if you can. 13 A It's possible that I may have done this 14 occasionally. 15 Q How did you keep track of the cash payments? 16 A Well, I take out the card with the name of 17 the particular employee. I look at his hours that he 18 has worked. I have him look at it, too. And I write 19 down the amount of money that I will be paying him. 20 He signs on the card that amount for those hours, and 21 I pay him. 22 Q So you take out the card and you look at the 23 number of hours that have been worked? 24 A With the worker together. 25 Q And then what do you -- with the worker you Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 15 1 P. LIBERATOS 2 look at the card and you see the total number of 3 hours. Then what do you do? 4 A Well, I look at the card. I write down the 5 hours he has worked. I pay him the regular salary for 6 the regular amount of hours. If I see that he has 7 worked overtime, then I also add payment of time and a 8 half for each hour. 9 Q What do you mean you pay the regular salary 10 for the normal hours worked? 11 A I look at the hours that he has clocked in 12 for; how many hours he has worked. 13 Q And if that employee typically worked 60 14 hours per week, he or she is paid for that typical 15 salary amount? 16 A He will be paid by the hour for how many 17 hours he has worked. 18 Q And how do you calculate the pay? 19 A By the hour. 20 Q And what did you do -- did you write down on 21 the cards his hourly rate and do the math on the punch 22 cards? Or did you do the math in your head? How did 23 that work? 24 MR. MORRISON: Objection. But you can 25 answer. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 01/13/2022 01:10 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/13/2022 Page 69 1 P. LIBERATOS 2 MR. ANDROPHY: We can proceed. 3 REPORTER: We're back on the record. 4 BY MR. PELTON: 5 Q Mr. Liberatos, did you speak with your 6 attorneys during the break? 7 A No. I made a Greek coffee so I could sit 8 here longer. 9 Q Did you speak with anybody else during the 10 break? 11 A With my grandchild. 12 Q Are you claiming that records are missing 13 because the file cabinet was stolen? 14 A That's what I believe. 15 Q Was the robbery before or after the start of 16 the COVID pandemic? 17 A Before. Before. 18 Q Was the robbery before or after September 19 11th, 2001? 20 A No. It was around '13 or '14. 21 Q 2013 or 2014? 22 A Yes. I think somewhere around that time. 23 Q Could you tell me a little bit more about 24 the security camera system at the diner? 25 A Well, when this incident occurred and the Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400