Preview
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
[Hage 1] .
September 20, 2022
SUPREME COURT OF THE STATE OF. NEW YORK
COUNTY OF KINGS
—— Soe ee ~~ -x
JULIE AYALA,
Plaintiff,
-against- INDEX NO: 521818/2018
94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC., AND
94TH AVENUE JAMAICA LI, LLC.
Defendants.
_ a = - =- —- = — a — —_ - -—- = — — — - - -x
94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC., AND
94TH AVENUE JAMAICA LI, LLC.
Third-Party Plaintiffs,
- against -
A & M PROFESSIONAL SECURITY CONSULTING CORP.,
Third-Party Defendant.
cs eas me
Lexitas-LegalView
Videoconference
September 20, 2022
2:35 p.m.
(Caption continued on the next page.)
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
ee [Page 2]-
September 20, 2022
EXAM... . BEFORE TRIAL of A & M
PROFESSIONAL SECURITY CONSULTING CORP. by WILLIAM
BURGOS, the Third-Party Defendant herein, held
via videoconference at the above-mentioned time,
pursuant to Court Order, before Danielle Quiles,
a Notary Public in and for the State of New York.
(21)
(22)
(23)
(24)
(25)
Lexitas Court Reporting
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
[Page
September 20,
APPEARANCE S:
HELEN #. DALTON & ASSO ILATES, PC.
Attorneys for Plaintiff
80-02 Kew Gardens Road, Suite 601
Kew Gardens, New York 11415
BY: ROMAN AVSHALUMOV, ESQ.
GALLO, VITUCCI, KLAR, LLP.
Attorneys for Defendants
90 Boad Street
New York, New York 10004
BY: ANCILLA DIAS, ESQ.
FILE NO: PRO-2019-23
LEWIS, JOHS, AVALLONE & AVILES, LLP.
Attorneys for Third-Party Defendant
One CA Plaza, Suite 225
Tslandia, New York 11749
BY: TIM CAMERON, ESQ.
FILE NO: 0270-1054
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
[Page 4]
September 20, 2022
(1) STIPULATION S
\~? La : wi STIPULATED AND AGRiED y and
between (among) counsel for the respective parties hereto
that:
All rights provided by the C.P.L.R., including the right
to object to any question, except as to form, or
to move to strike any testimony at this (these)
(10) examination(s), are reserved, and, in addition, the failure
(11) to object to any question or to move to strike
(12) any testimony at this (these) examination(s) shall not be a
(13) bar or waiver to make such motion at, and is
(14) reserved for the trial of this action.
(15)
(16) IT IS FURTHER STIPULATED AND AGREED by and
(17) between (among) counsel for the respective
(18) parties hereto, that this (these) examination(s)
(19) may be sworn to by the witness(es) being examined, before a
(20) Notary Public other than the Notary Public hefore
(21) whom this (these) examination(s) was (were)
(22) begun; but the failure to do so or to return the
original of this (these) examination(s)
(24) to counsel, shall not be deemed a waiver of the
(25) rights provided by Rules 3116 and 3117 of the
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
.....{[Page 5]
September 20, 2022
(1) C.P.L.R., and shall be controlled thereby;
(2)
tis er. .zHkR STIPULATED AND AGREED by and
between (among) counsel for the respective
parties hereto, that this (these) examination(s)
may be utilized for all purposes as provided by
the C.P.L.R.;
IT IS FURTHER STIPULATED AND AGREED by and
between (among) counsel for the respective
parties hereto, that the filing and certification
(12) of the original of this (these) examination(s)
(13) shall be and the same hereby are waived.
(14)
(15) IT IS FURTHER STIPULATED AND AGREED by and between
(16) (among) counsel for the respective parties hereto, that a
(17) copy of the within examination(s) shall be
(18) furnished to counsel representing the witness(es)
(19) testifying, without charge.
(20)
(21) IT IS FURTHER STIPULATED AND AGREED
by and between (among) counsel for the respective
(23) parties hereto, that all rights provided by the
(24) C.P.L.R., and Part 221 of the Uniform Rules for
(25) the Conduct of Depositions, including the right
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
ae [Page 6]
September 20, 2022
to object to any question, except as to form, or
to move to strike any testimony at this
—.awitination is re .rved; and, in addition, tne
failure to object to any question or to move to
strike any testimony at this examination shall
not be a bar or waiver to make such motion at,
and is reserved to, the trial of this action.
IT IS FURTHER STIPULATED AND AGREED
by and between counsel for all parties present
that pursuant to C.P.L.R. section 3113 (d) this
deposition is to be conducted by videoconference,
that the court reporter, all counsel, and the
witness are all in separate remote locations and
participating via videoconference (LegalView/Zoom)
meeting under the control of Lexitas Court
Reporting Service, that the officer administering
the oath to the witness need not be in the place
of the deposition, and the witness shall be sworn
in remotely by the court reporter after
confirming the witness' identity, that this
videoconference will not be recorded in any
manner, and that any recording without the
express written consent of all parties shall be
considered unauthorized, in violation of law, and
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
- - + an ofPage» 7]
September 20, 2022
shall not be used for anv—purpose in this
litigation or otherwise.
IT IS FURTHER STIPULATED that exhibits may be
marked by the attorney presenting the exhibit to
the witness, and that a copy of any exhibit
presented to a witness shall be emailed to or
otherwise in possession of all counsel prior to
any questioning of a witness regarding the
exhibit in question. All parties shall bear
their own costs in the conduct of this deposition
by videoconference, notwithstanding the
obligation by C.P.L.R. to supply a copy of the
transcript to the deposed party by the taking
party in civil litigation matters.
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
- . [Page -8]-
September 20, 2022
WwtILbtLtdo.iaAmM BU RGoO #5,
the Thira-Party Defendant her. .u, having been
duly sworn by the Notary Public, was examined
and testified as follows:
EXAMINATION BY
ANCILLA DIAS, ESQ:
Q State your name for the record,
please.
A William Burgos.
Q State your address for the record,
please.
A 2253 3rd Avenue, New York, New York
10035.
Q Good afternoon. My name is Ancilla
Dias.
A Good afternoon.
Q My firm represents the defendants and
third-party plaintiff in this action. Have you
ever been to a deposition before?
A Yes.
Q So, then you are familiar with the
rules. Just please verbalize all of your answers
so the court reporter can take them down.
She cannot take down any gestures or
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
: [Page 9].
September 20, 2022
WILLIAM BURGOS
nods «cf the head.
Please let me finish the que. -.0u ov
that you can understand what I am asking before
you answer because she cannot record two people
(6) at the same time.
Also listen to the question carefully.
Make sure that you understand it. If you don't,
please let me know and I will be happy to
rephrase it for you.
If you do answer the question, I am
going to assume that you understood it.
Lastly, if you need a break at any time,
I will be more than happy to accommodate you. Is
that okay?
A Yes.
Q Can you hear me well enough?
A Yes.
Q Perfect. Are you currently employed?
A No. I am retired. I am the owner of
the business.
Q When did you retire?
A 2004.
Q You said that you were the owner of the
business. What business?
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
[Page 10]
September 20, 2022
WILLIAM BURGOS
A A & M Professional Security Consulting
Corporation.
Q Have you always been the owner by this
company A & M Professional Security Consulting
Corporation?
A No. It was created by one of my
ex-partners and I came on board in 2006.
Q And what is the name of your ex-partner?
A John Monaco.
Q And when did you take over from John
Monaco?
A I came on board in 2006 and I believe
John left maybe four years ago.
Q Okay. Did he retire as well?
A Yeah. He retired for good.
Q Is the company A & M Professional
Security Consulting Corporation still in
existence?
A Yes.
Q Who is the current owner of the company,
if you know?
A Myself.
MR. CAMERON: Objection. That
was asked and answered. He said he
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
[Page 11]
September 20, 2022
WILLIAM BURGOS
is the owner.
MS. DIAS: vKay.
Q And what is your involvement with the
day-to-day functioning of the company A & M
Professional Security Consulting Corporation?
A I ensure that invoices are done
correctly. I deal with clients. I ensure my
staffing schedules are done by my staff.
Basically everything.
Q When you say that you are retired, in
what capacity are you retired?
A I am a retired New York City Corrections
Captain for twenty-two years.
Q Okay. Could you just briefly describe
for me what type of business A & M Professional
Security Consulting Corporation is?
A The business is a security company. We
deal with security guards for hire, for all types
of venues, whether it be special events at the
Javits Center, construction sites, retail,
residential complexes.
It really doesn't matter. If they want
security guards, we are able to accommodate then,
you know.
Lexitas Court Reporting
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
- [Page 12].
September 20, 2022
= = WILLIAM BURGOS
Q Okay. Would you mind if I refer to the
company as A & M for the 1 xt or the deposition
just to keep it short rather than say A & M
Professional Security Consulting Corporation
every time?
A Sure.
Q In 2018, was A & M also providing
similarly services to the businesses that you
just described?
A Yes.
Q Would the security that was provided
also include construction sites?
A Yes.
Q And that was similar for 2018 as well;
is that correct?
A Correct.
Q Okay. How many employees does A & M
have currently?
A Currently, you can say we have around
twenty full-time and then we have support staff
for events that arise during the course of the
year.
We are able to reach out to them and see
if they're available to work.
Lexitas Court Reporting
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
=xiws wee Page 13].
September 20, 2022
WILLIAM BURGOS
Q Okay. In about 2018, let's say March of
» i8, would that have wero or we F mnumbe. c.
employees or something different?
A No. It probably would have been about
the same.
Q Okay. When you say full-time employees,
could you describe the type of employees that you
are referring to?
A Security guards. They are able to work
forty hours a week depending on the nature of the
contract.
Q Would you have any other employees on
your staffing list or payroll besides the
security guards?
A Yes. If needed upon, then we would go
to them.
Q Sorry, I will rephrase that.
MR. CAMERON: Do you mean like
company staff?
MS. DIAS: Right.
MR. CAMERON: Administrative
staff?
MS. DIAS: Yes.
Q Administrative staff --
Lexitas Court Reporting
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September 20, 202
WILLIAM BURGOS
A Yes.
Q Would that be included in wine Lavy
employees that you just mentioned or is that a
separate number?
A No. That would be altogether.
Q So, how many administrative staff do you
have presently?
A Now?
Q Yes.
A Just two.
QO In about 2018, how many administrative
staff did you have?
A I would say we had about four.
QO Okay. What sort of work would the
administrative staff do?
A Back then, they would be doing
schedules, answering the phone.
Back then, we had training school so
some would handle the training school. You know,
all administrative office work for whatever was
needed, you know.
Q Okay. At any given time, how many
businesses or locations would A & M provide
security services to back in 2018?
Lexitas Court Reporting
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
..- [Page 15]
September 20, 2022
WILLIAM BURGOS
A In 2018, it might have been anywhere
Erom tave wr is aw ustfFferent i. sur ..us.
Q These would be the various businesses
that you just described?
A Yes.
Q The address that you provided, is that
the only business address that A & M has?
A No. She had 237 West 35th Street in
suite 505 in New York, New York.
Q When was the business located at this
address?
A I would have to say when I came on board
in 2006 up until maybe -- I am not sure if in
2018 if we were still there.
(16) We were there for a few years and then
(17) we have been at this one now for a while.
Q Okay. In 2018, did A & M have a hiring
process with respect to the security guards?
A We still do.
Q Could you describe for me what the
hiring process was in 2018?
A To be a security guard in New York
State, they have to meet the mandates which means
they are certified, trained and licensed.
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
[Page 16]
September 20, 2022
WILLIAM BURGOS
Then they submit a resume and then
sometimes we call the --
September 20, 2022
~~ + WILLIAM BURGOS
Q And was he the person that you dealt
with --
A Most likely if his name is there, yes,
it is.
Q IT can't make out the last name. I think
it's Hacin, but I could be wrong.
Sir, would you happen to know his last
name?
A No, I don't.
Q Okay. Had you dealt with him prior to
entering into this particular agreement?
A Yes.
Q Okay. Do you recall when was the last
time that you did?
A It was sometime before that one and I
think the project was on Manhattan Avenue in the
Bronx.
It was a little small one that we were
doing at this location.
Q Okay. Looking at this agreement, would
you be able to identify when this agreement came
into affect?
A Well, it came into affect. It said they
were starting on July 5, 2016.
Lexitas Court Reporting
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022
~--[Page 32]--
September 20, 2022
WILLIAM BURGOS
MR. CAMERON: By counsel, it says
vuly 20th.
MS. DIAS: Right.
A Yeah, up on top.
Q Okay. Looking at this agreement, would
you be able to --
Preview
FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 [Hage 1] . September 20, 2022 SUPREME COURT OF THE STATE OF. NEW YORK COUNTY OF KINGS —— Soe ee ~~ -x JULIE AYALA, Plaintiff, -against- INDEX NO: 521818/2018 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC., AND 94TH AVENUE JAMAICA LI, LLC. Defendants. _ a = - =- —- = — a — —_ - -—- = — — — - - -x 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC., AND 94TH AVENUE JAMAICA LI, LLC. Third-Party Plaintiffs, - against - A & M PROFESSIONAL SECURITY CONSULTING CORP., Third-Party Defendant. cs eas me Lexitas-LegalView Videoconference September 20, 2022 2:35 p.m. (Caption continued on the next page.) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 ee [Page 2]- September 20, 2022 EXAM... . BEFORE TRIAL of A & M PROFESSIONAL SECURITY CONSULTING CORP. by WILLIAM BURGOS, the Third-Party Defendant herein, held via videoconference at the above-mentioned time, pursuant to Court Order, before Danielle Quiles, a Notary Public in and for the State of New York. (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 [Page September 20, APPEARANCE S: HELEN #. DALTON & ASSO ILATES, PC. Attorneys for Plaintiff 80-02 Kew Gardens Road, Suite 601 Kew Gardens, New York 11415 BY: ROMAN AVSHALUMOV, ESQ. GALLO, VITUCCI, KLAR, LLP. Attorneys for Defendants 90 Boad Street New York, New York 10004 BY: ANCILLA DIAS, ESQ. FILE NO: PRO-2019-23 LEWIS, JOHS, AVALLONE & AVILES, LLP. Attorneys for Third-Party Defendant One CA Plaza, Suite 225 Tslandia, New York 11749 BY: TIM CAMERON, ESQ. FILE NO: 0270-1054 Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 [Page 4] September 20, 2022 (1) STIPULATION S \~? La : wi STIPULATED AND AGRiED y and between (among) counsel for the respective parties hereto that: All rights provided by the C.P.L.R., including the right to object to any question, except as to form, or to move to strike any testimony at this (these) (10) examination(s), are reserved, and, in addition, the failure (11) to object to any question or to move to strike (12) any testimony at this (these) examination(s) shall not be a (13) bar or waiver to make such motion at, and is (14) reserved for the trial of this action. (15) (16) IT IS FURTHER STIPULATED AND AGREED by and (17) between (among) counsel for the respective (18) parties hereto, that this (these) examination(s) (19) may be sworn to by the witness(es) being examined, before a (20) Notary Public other than the Notary Public hefore (21) whom this (these) examination(s) was (were) (22) begun; but the failure to do so or to return the original of this (these) examination(s) (24) to counsel, shall not be deemed a waiver of the (25) rights provided by Rules 3116 and 3117 of the Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 .....{[Page 5] September 20, 2022 (1) C.P.L.R., and shall be controlled thereby; (2) tis er. .zHkR STIPULATED AND AGREED by and between (among) counsel for the respective parties hereto, that this (these) examination(s) may be utilized for all purposes as provided by the C.P.L.R.; IT IS FURTHER STIPULATED AND AGREED by and between (among) counsel for the respective parties hereto, that the filing and certification (12) of the original of this (these) examination(s) (13) shall be and the same hereby are waived. (14) (15) IT IS FURTHER STIPULATED AND AGREED by and between (16) (among) counsel for the respective parties hereto, that a (17) copy of the within examination(s) shall be (18) furnished to counsel representing the witness(es) (19) testifying, without charge. (20) (21) IT IS FURTHER STIPULATED AND AGREED by and between (among) counsel for the respective (23) parties hereto, that all rights provided by the (24) C.P.L.R., and Part 221 of the Uniform Rules for (25) the Conduct of Depositions, including the right Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 ae [Page 6] September 20, 2022 to object to any question, except as to form, or to move to strike any testimony at this —.awitination is re .rved; and, in addition, tne failure to object to any question or to move to strike any testimony at this examination shall not be a bar or waiver to make such motion at, and is reserved to, the trial of this action. IT IS FURTHER STIPULATED AND AGREED by and between counsel for all parties present that pursuant to C.P.L.R. section 3113 (d) this deposition is to be conducted by videoconference, that the court reporter, all counsel, and the witness are all in separate remote locations and participating via videoconference (LegalView/Zoom) meeting under the control of Lexitas Court Reporting Service, that the officer administering the oath to the witness need not be in the place of the deposition, and the witness shall be sworn in remotely by the court reporter after confirming the witness' identity, that this videoconference will not be recorded in any manner, and that any recording without the express written consent of all parties shall be considered unauthorized, in violation of law, and Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 - - + an ofPage» 7] September 20, 2022 shall not be used for anv—purpose in this litigation or otherwise. IT IS FURTHER STIPULATED that exhibits may be marked by the attorney presenting the exhibit to the witness, and that a copy of any exhibit presented to a witness shall be emailed to or otherwise in possession of all counsel prior to any questioning of a witness regarding the exhibit in question. All parties shall bear their own costs in the conduct of this deposition by videoconference, notwithstanding the obligation by C.P.L.R. to supply a copy of the transcript to the deposed party by the taking party in civil litigation matters. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 - . [Page -8]- September 20, 2022 WwtILbtLtdo.iaAmM BU RGoO #5, the Thira-Party Defendant her. .u, having been duly sworn by the Notary Public, was examined and testified as follows: EXAMINATION BY ANCILLA DIAS, ESQ: Q State your name for the record, please. A William Burgos. Q State your address for the record, please. A 2253 3rd Avenue, New York, New York 10035. Q Good afternoon. My name is Ancilla Dias. A Good afternoon. Q My firm represents the defendants and third-party plaintiff in this action. Have you ever been to a deposition before? A Yes. Q So, then you are familiar with the rules. Just please verbalize all of your answers so the court reporter can take them down. She cannot take down any gestures or Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 : [Page 9]. September 20, 2022 WILLIAM BURGOS nods «cf the head. Please let me finish the que. -.0u ov that you can understand what I am asking before you answer because she cannot record two people (6) at the same time. Also listen to the question carefully. Make sure that you understand it. If you don't, please let me know and I will be happy to rephrase it for you. If you do answer the question, I am going to assume that you understood it. Lastly, if you need a break at any time, I will be more than happy to accommodate you. Is that okay? A Yes. Q Can you hear me well enough? A Yes. Q Perfect. Are you currently employed? A No. I am retired. I am the owner of the business. Q When did you retire? A 2004. Q You said that you were the owner of the business. What business? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 [Page 10] September 20, 2022 WILLIAM BURGOS A A & M Professional Security Consulting Corporation. Q Have you always been the owner by this company A & M Professional Security Consulting Corporation? A No. It was created by one of my ex-partners and I came on board in 2006. Q And what is the name of your ex-partner? A John Monaco. Q And when did you take over from John Monaco? A I came on board in 2006 and I believe John left maybe four years ago. Q Okay. Did he retire as well? A Yeah. He retired for good. Q Is the company A & M Professional Security Consulting Corporation still in existence? A Yes. Q Who is the current owner of the company, if you know? A Myself. MR. CAMERON: Objection. That was asked and answered. He said he Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 [Page 11] September 20, 2022 WILLIAM BURGOS is the owner. MS. DIAS: vKay. Q And what is your involvement with the day-to-day functioning of the company A & M Professional Security Consulting Corporation? A I ensure that invoices are done correctly. I deal with clients. I ensure my staffing schedules are done by my staff. Basically everything. Q When you say that you are retired, in what capacity are you retired? A I am a retired New York City Corrections Captain for twenty-two years. Q Okay. Could you just briefly describe for me what type of business A & M Professional Security Consulting Corporation is? A The business is a security company. We deal with security guards for hire, for all types of venues, whether it be special events at the Javits Center, construction sites, retail, residential complexes. It really doesn't matter. If they want security guards, we are able to accommodate then, you know. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 - [Page 12]. September 20, 2022 = = WILLIAM BURGOS Q Okay. Would you mind if I refer to the company as A & M for the 1 xt or the deposition just to keep it short rather than say A & M Professional Security Consulting Corporation every time? A Sure. Q In 2018, was A & M also providing similarly services to the businesses that you just described? A Yes. Q Would the security that was provided also include construction sites? A Yes. Q And that was similar for 2018 as well; is that correct? A Correct. Q Okay. How many employees does A & M have currently? A Currently, you can say we have around twenty full-time and then we have support staff for events that arise during the course of the year. We are able to reach out to them and see if they're available to work. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 =xiws wee Page 13]. September 20, 2022 WILLIAM BURGOS Q Okay. In about 2018, let's say March of » i8, would that have wero or we F mnumbe. c. employees or something different? A No. It probably would have been about the same. Q Okay. When you say full-time employees, could you describe the type of employees that you are referring to? A Security guards. They are able to work forty hours a week depending on the nature of the contract. Q Would you have any other employees on your staffing list or payroll besides the security guards? A Yes. If needed upon, then we would go to them. Q Sorry, I will rephrase that. MR. CAMERON: Do you mean like company staff? MS. DIAS: Right. MR. CAMERON: Administrative staff? MS. DIAS: Yes. Q Administrative staff -- Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 : -LPage 14. September 20, 202 WILLIAM BURGOS A Yes. Q Would that be included in wine Lavy employees that you just mentioned or is that a separate number? A No. That would be altogether. Q So, how many administrative staff do you have presently? A Now? Q Yes. A Just two. QO In about 2018, how many administrative staff did you have? A I would say we had about four. QO Okay. What sort of work would the administrative staff do? A Back then, they would be doing schedules, answering the phone. Back then, we had training school so some would handle the training school. You know, all administrative office work for whatever was needed, you know. Q Okay. At any given time, how many businesses or locations would A & M provide security services to back in 2018? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 ..- [Page 15] September 20, 2022 WILLIAM BURGOS A In 2018, it might have been anywhere Erom tave wr is aw ustfFferent i. sur ..us. Q These would be the various businesses that you just described? A Yes. Q The address that you provided, is that the only business address that A & M has? A No. She had 237 West 35th Street in suite 505 in New York, New York. Q When was the business located at this address? A I would have to say when I came on board in 2006 up until maybe -- I am not sure if in 2018 if we were still there. (16) We were there for a few years and then (17) we have been at this one now for a while. Q Okay. In 2018, did A & M have a hiring process with respect to the security guards? A We still do. Q Could you describe for me what the hiring process was in 2018? A To be a security guard in New York State, they have to meet the mandates which means they are certified, trained and licensed. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 [Page 16] September 20, 2022 WILLIAM BURGOS Then they submit a resume and then sometimes we call the -- September 20, 2022 ~~ + WILLIAM BURGOS Q And was he the person that you dealt with -- A Most likely if his name is there, yes, it is. Q IT can't make out the last name. I think it's Hacin, but I could be wrong. Sir, would you happen to know his last name? A No, I don't. Q Okay. Had you dealt with him prior to entering into this particular agreement? A Yes. Q Okay. Do you recall when was the last time that you did? A It was sometime before that one and I think the project was on Manhattan Avenue in the Bronx. It was a little small one that we were doing at this location. Q Okay. Looking at this agreement, would you be able to identify when this agreement came into affect? A Well, it came into affect. It said they were starting on July 5, 2016. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 10/01/2022 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 10/01/2022 ~--[Page 32]-- September 20, 2022 WILLIAM BURGOS MR. CAMERON: By counsel, it says vuly 20th. MS. DIAS: Right. A Yeah, up on top. Q Okay. Looking at this agreement, would you be able to --