Preview
FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019
Exhibit $
FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019
Page 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF NEW YORK
4 ----------------------------------- X
ROBERT HARRIS,
5 Plaintiff,
vs. No.
6 650175/2017
INTIMO, INC., NATHAN NATHAN,
7 individually, TOMMY NATHAN,
individually, MORIS ZILKHA,
8 individually, PRESTIGE EMPLOYEE
ADMINISTRATORS, INC., a/k/a
9 PRESTIGE EMPLOYEE ADMINISTRATORS,
PRESTIGE EMPLOYEE ADMINISTRATORS
10 II, INC., a/k/a PRESTIGE EMPLOYEE
ADMINISTRATORS and JOHN DOES 1-10,
11 and ABC CORPS. 1-8, fictitious names
for persons or entities whose present
12 roles and identities are unknown,
Defendants.
13 ----------------------------------- X
14 November 20, 2019
15 10:24 a.m.
16 Deposition of ROBERT HARRIS, held
17 at the offices of Fisher Phillips LLP, 620
18 1 Eighth Avenue, New York, New York,
19 1 pursuant to Notice, before Theresa
20 Tramondo, AOS, CLR, a Notary Public of the
21 State of New York.
22
23 Reported by:
24 THERESA TRAMONDO, AOS, CLR
2 5 JOB NO. N J3 7 8 4 3 5 9
_ __
Veritext Legal Solutions
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FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019
Page 6 Page 8 I
1 1 Harris
2 R O B E R T H A R R I S,called as a 2 (Harris Exhibit A, resume,
3 witness, having been duly sworn by a 3 marked for identification,as of this
4 Notary Public,was examined and testified 4 date.)
5 as follows: 5 Q. Mr. Harris, you have been shown
6 BY THE REPORTER: 6 what's been marked Harris Exhibit A. Do you
7 Q. State your name for the record, 7 recognize that document?
8 please. 8 A. Yes.
9 A. Robert Harris, H-A-R-R-I-S. 9 Q. What isit?
10 Q. What isyour address? 10 A. It'smy resume.
11 A. Home address, 66 Country Club 11 Q. Did you create thisdocument?
12 Drive, Monroe Township, New Jersey 08831. 12 A. Yes.
13 EXAMINATION BY 13 Q. When was the document created?
14 MR. MARCUS: 14 A. I'm going toguess, but itwould
15 Q. Mr. Harris, my name is Seth 15 be probably after Iwas letgo by Intimo.
16 Marcus. I'm the attorney for the defendants 16 Q. Why was itcreated?
17 Intimo, Inc., Nathan Nathan, Tommy Nathan 17 A. To look for additional
18 and Moris Zilkha. I'm here toask you some 18 employment.
19 questions about your lawsuit against those 19 Q. Does thisdocument accurately
20 defendants and certain other named 20 set forthyour work history from 1985
21 defendants as well. 21 through 2016?
22 My first question for you is: 22 A. Itis consolidated.
23 Have you been deposed before? 23 Q. So there are other employers
24 A. No. 24 thatare not mentioned?
25 Q. I'm going to give you a few 25 A. Correct.
Page 7 Page 9
1 Harris 1 Harris
2 instructionsthen. 2 Q. We will work backwards then.
3 Most important isall of your 3 with -- before we do at
, Starting well, that,
4 answers must be verbal. The court reporter 4 some point did you work fora company called
5 can'ttake down nods or other physical 5 Intimo Group?
6 indications of answers. 6 A. Yes.
7 Ifyou don't understand a 7 Q. When did you work for that
8 question that I ask,feel freeto ask me to 8 company?
9 clarify.You may want to pause before you 9 A. Again, I'm going toguess that
10 give an answer to give your attorney an 10 itwas atbeginning of2013 until the end of
11 opportunity toobject, ifhe sees fit.And 11 2014.
12 ifyou would likea break atany time, feel 12 Q. But that isa guess?
13 freeto ask; however, ifthere isa question 13 A. That isa guess, but again, that
14 pending, you need toanswer the question, 14 was a partnership between Nathan and TAA
15 then we can take a break. 15 Apparel.
16 Do you understand these 16 Q. We will get intothat a little
17 instructions? 17 bitlater.
18 A. Yes. 18 Immediately prior toworking for
19 Q. Are you 19 Inc. -- let's
do this: When was
currently taking any Intimo,
20 medication thataffects your ability to 20 your startdate with Intimo, Inc.,your
21 testifyhere today? 21 start
first date?
22 A. No. 22 A. We negotiated in December of
23 MR. MARCUS: I'm going toask 23 2009 and my actualstart date was the
24 that the reporter mark Harris Exhibit 24 beginning of January 2010.
25 A. 25 Q. So priorto commencing work with
3 (Pages 6 -
9)
Veritext Legal Solutions
800-227-8440 973-410-4040
FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019
Page 10 Page 1
1 Harris 1 Harris
2 Intimo, Inc.,what was your lastemployment? 2 A. Eddie Betesh.
3 A. My lastemployment was with a 3 Q. Approximately how many people
4 company called IMT. 4 worked at IMT?
5 Q. What does IMT do? 5 A. It was a big company. I don't
6 A. They did many things. They did 6 know. They have many different divisions.
7 sleepwear, underwear, which was my 7 Q. So prior to working at IMT, you
8 expertise. 8 worked at Pico Sales --
Manufacturing
9 Q. Were they a manufacturer? 9 A. Pico.
10 A. They were an importer. 10 Q. Pico Manufacturing Sales
11 Q. Is itaccurate to say their 11 Corporation.
12 business was inthe retail garment industry? 12 And you were vice president of
13 A. Yes. 13 thesleepwear division?
14 Q. What was your job titlethere9 14 A. Yes.
15 A. I was a vice president of sales 15 Q. Who was president of the
16 in name only, but I was a salesperson 16 sleepwear division?
17 handling sales accounts. 17 A. Itwas a small company staff
18 Q. From what years did you work for 18 wise, and Craig Litt and Marty Litt were the
19 IMT? 19 owners of the company, and Craig was the
20 A. That was just-- itwas 20 president of the underwear division, and he
well,
21 2000 - I'm but itwould be 21 oversaw allthe and I handled the
again, guessing, sales,
22 2009, just prior toworking for Nathan. 22 sleepwear portion of it.
23 Q. When was your start datethere? 23 Q. What were the circumstances of
24 A. I believeit was in February of 24 your leaving Pico Manufacturing?
25 2009, I'm guessing, inFebruary of2009, and 25 A. I had the bigger salary. They
Page 11 Page 13
1 Harris 1 Harris
2 itconcluded in September of 2009, but 2 were having financial difficulties,and they
3 that'sgoing from memory. Itwas a short 3 decided to consolidate the underwear and
4 stay. 4 sleepwear together.
5 Q. What was the circumstance of 5 Q. So you were terminated?
6 your -- 6 A. I was.
7 A. They closed thedivision. The 7 Q. Returning to IMT, were you
8 division that was part of IMT was called 8 compensated on a salary basis there?
9 Basic -- Iforgot the lastpart of but 9 A. Yes.
it,
10 itwas a division of IMT, and they closed 10 Q. What was your salary?
11 it. 11 A. A hundred.
12 Q. Who did you report to atIMT? 12 Q. A hundred thousand?
13 A. His name was Eddie Betesh. 13 A. (Nodding.)
14 Q. Can you spell Betesh? 14 Q. At Pico Manufacturing, salary or
15 A. B-E-T-E-S-H. 15 other method?
16 Q. Was he also the person that 16 A. Salary.
17 hired you? 17 Q. What was your salary there?
18 A. Yes. 18 A. 300,000 approximately.
19 Q. I'm sorry, the division was 19 Q. That was atthe time you were
20 called Basic? 20 terminated?
21 A. Basic Additions. I don't 21 A. Yes.
22 remember the exact division name. 22 Q. Did you ever receive any
23 Q. Did you run that division? 23 commissions from IMT?
24 A. No. 24 A. I'm going by memory. I don't
25 Q. Who ran the division? 25 believe so.
4 (Pages 10 -
13)
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Preview
FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019 Exhibit $ FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK 4 ----------------------------------- X ROBERT HARRIS, 5 Plaintiff, vs. No. 6 650175/2017 INTIMO, INC., NATHAN NATHAN, 7 individually, TOMMY NATHAN, individually, MORIS ZILKHA, 8 individually, PRESTIGE EMPLOYEE ADMINISTRATORS, INC., a/k/a 9 PRESTIGE EMPLOYEE ADMINISTRATORS, PRESTIGE EMPLOYEE ADMINISTRATORS 10 II, INC., a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS and JOHN DOES 1-10, 11 and ABC CORPS. 1-8, fictitious names for persons or entities whose present 12 roles and identities are unknown, Defendants. 13 ----------------------------------- X 14 November 20, 2019 15 10:24 a.m. 16 Deposition of ROBERT HARRIS, held 17 at the offices of Fisher Phillips LLP, 620 18 1 Eighth Avenue, New York, New York, 19 1 pursuant to Notice, before Theresa 20 Tramondo, AOS, CLR, a Notary Public of the 21 State of New York. 22 23 Reported by: 24 THERESA TRAMONDO, AOS, CLR 2 5 JOB NO. N J3 7 8 4 3 5 9 _ __ Veritext Legal Solutions 800-227-8440 973-410-4040 FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019 Page 6 Page 8 I 1 1 Harris 2 R O B E R T H A R R I S,called as a 2 (Harris Exhibit A, resume, 3 witness, having been duly sworn by a 3 marked for identification,as of this 4 Notary Public,was examined and testified 4 date.) 5 as follows: 5 Q. Mr. Harris, you have been shown 6 BY THE REPORTER: 6 what's been marked Harris Exhibit A. Do you 7 Q. State your name for the record, 7 recognize that document? 8 please. 8 A. Yes. 9 A. Robert Harris, H-A-R-R-I-S. 9 Q. What isit? 10 Q. What isyour address? 10 A. It'smy resume. 11 A. Home address, 66 Country Club 11 Q. Did you create thisdocument? 12 Drive, Monroe Township, New Jersey 08831. 12 A. Yes. 13 EXAMINATION BY 13 Q. When was the document created? 14 MR. MARCUS: 14 A. I'm going toguess, but itwould 15 Q. Mr. Harris, my name is Seth 15 be probably after Iwas letgo by Intimo. 16 Marcus. I'm the attorney for the defendants 16 Q. Why was itcreated? 17 Intimo, Inc., Nathan Nathan, Tommy Nathan 17 A. To look for additional 18 and Moris Zilkha. I'm here toask you some 18 employment. 19 questions about your lawsuit against those 19 Q. Does thisdocument accurately 20 defendants and certain other named 20 set forthyour work history from 1985 21 defendants as well. 21 through 2016? 22 My first question for you is: 22 A. Itis consolidated. 23 Have you been deposed before? 23 Q. So there are other employers 24 A. No. 24 thatare not mentioned? 25 Q. I'm going to give you a few 25 A. Correct. Page 7 Page 9 1 Harris 1 Harris 2 instructionsthen. 2 Q. We will work backwards then. 3 Most important isall of your 3 with -- before we do at , Starting well, that, 4 answers must be verbal. The court reporter 4 some point did you work fora company called 5 can'ttake down nods or other physical 5 Intimo Group? 6 indications of answers. 6 A. Yes. 7 Ifyou don't understand a 7 Q. When did you work for that 8 question that I ask,feel freeto ask me to 8 company? 9 clarify.You may want to pause before you 9 A. Again, I'm going toguess that 10 give an answer to give your attorney an 10 itwas atbeginning of2013 until the end of 11 opportunity toobject, ifhe sees fit.And 11 2014. 12 ifyou would likea break atany time, feel 12 Q. But that isa guess? 13 freeto ask; however, ifthere isa question 13 A. That isa guess, but again, that 14 pending, you need toanswer the question, 14 was a partnership between Nathan and TAA 15 then we can take a break. 15 Apparel. 16 Do you understand these 16 Q. We will get intothat a little 17 instructions? 17 bitlater. 18 A. Yes. 18 Immediately prior toworking for 19 Q. Are you 19 Inc. -- let's do this: When was currently taking any Intimo, 20 medication thataffects your ability to 20 your startdate with Intimo, Inc.,your 21 testifyhere today? 21 start first date? 22 A. No. 22 A. We negotiated in December of 23 MR. MARCUS: I'm going toask 23 2009 and my actualstart date was the 24 that the reporter mark Harris Exhibit 24 beginning of January 2010. 25 A. 25 Q. So priorto commencing work with 3 (Pages 6 - 9) Veritext Legal Solutions 800-227-8440 973-410-4040 FILED: NEW YORK COUNTY CLERK 12/30/2019 01:52 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 12/30/2019 Page 10 Page 1 1 Harris 1 Harris 2 Intimo, Inc.,what was your lastemployment? 2 A. Eddie Betesh. 3 A. My lastemployment was with a 3 Q. Approximately how many people 4 company called IMT. 4 worked at IMT? 5 Q. What does IMT do? 5 A. It was a big company. I don't 6 A. They did many things. They did 6 know. They have many different divisions. 7 sleepwear, underwear, which was my 7 Q. So prior to working at IMT, you 8 expertise. 8 worked at Pico Sales -- Manufacturing 9 Q. Were they a manufacturer? 9 A. Pico. 10 A. They were an importer. 10 Q. Pico Manufacturing Sales 11 Q. Is itaccurate to say their 11 Corporation. 12 business was inthe retail garment industry? 12 And you were vice president of 13 A. Yes. 13 thesleepwear division? 14 Q. What was your job titlethere9 14 A. Yes. 15 A. I was a vice president of sales 15 Q. Who was president of the 16 in name only, but I was a salesperson 16 sleepwear division? 17 handling sales accounts. 17 A. Itwas a small company staff 18 Q. From what years did you work for 18 wise, and Craig Litt and Marty Litt were the 19 IMT? 19 owners of the company, and Craig was the 20 A. That was just-- itwas 20 president of the underwear division, and he well, 21 2000 - I'm but itwould be 21 oversaw allthe and I handled the again, guessing, sales, 22 2009, just prior toworking for Nathan. 22 sleepwear portion of it. 23 Q. When was your start datethere? 23 Q. What were the circumstances of 24 A. I believeit was in February of 24 your leaving Pico Manufacturing? 25 2009, I'm guessing, inFebruary of2009, and 25 A. I had the bigger salary. They Page 11 Page 13 1 Harris 1 Harris 2 itconcluded in September of 2009, but 2 were having financial difficulties,and they 3 that'sgoing from memory. Itwas a short 3 decided to consolidate the underwear and 4 stay. 4 sleepwear together. 5 Q. What was the circumstance of 5 Q. So you were terminated? 6 your -- 6 A. I was. 7 A. They closed thedivision. The 7 Q. Returning to IMT, were you 8 division that was part of IMT was called 8 compensated on a salary basis there? 9 Basic -- Iforgot the lastpart of but 9 A. Yes. it, 10 itwas a division of IMT, and they closed 10 Q. What was your salary? 11 it. 11 A. A hundred. 12 Q. Who did you report to atIMT? 12 Q. A hundred thousand? 13 A. His name was Eddie Betesh. 13 A. (Nodding.) 14 Q. Can you spell Betesh? 14 Q. At Pico Manufacturing, salary or 15 A. B-E-T-E-S-H. 15 other method? 16 Q. Was he also the person that 16 A. Salary. 17 hired you? 17 Q. What was your salary there? 18 A. Yes. 18 A. 300,000 approximately. 19 Q. I'm sorry, the division was 19 Q. That was atthe time you were 20 called Basic? 20 terminated? 21 A. Basic Additions. I don't 21 A. Yes. 22 remember the exact division name. 22 Q. Did you ever receive any 23 Q. Did you run that division? 23 commissions from IMT? 24 A. No. 24 A. I'm going by memory. I don't 25 Q. Who ran the division? 25 believe so. 4 (Pages 10 - 13) Veritext Legal Solutions 800-227-8440 973-410-4040