Preview
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 06/02/2021
EXHIBIT F
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 06/02/2021
1 IN THE SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF JEFFERSON
2
3 KENNETH MILLER,
4 Plaintiff,
5 vs. INDEX NO.: 2018-1369
6 CHARLES PETER HUNKELE, JR., and
DAVID STROTHERS,
7
Defendants.
8 /
9
10
11 DEPOSITION OF: BERNARD L. HARVEY
36 North Main Street
12 Carthage, New York 13619
13 DATE: November 19, 2018
14 TIME: 1:06 PM to 1:44 PM
15 LOCATION: 104 Washington Street
Watertown, New York 13601
16
TAKEN BY: Counsel for the Defendants
17
18
19
20
22
23
Burnham Reporting (315) 379-0205
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 144 B. Harvey, 11/19/18, Watertown, NY RECEIVED NYSCEF: 06/02/2021
2
1 APPEARANCES:
2 FOR THE PLAINTIFF:
Pappas, Cox, Kimpel, Dodd & Levine, PC
3 614 James Street
Suite 100
4 Syracuse, New York 13203
Telephone: (315) 472-4481
5 BY: THOMAS P. GIVAS, ESQ.
6 FOR THE DEFENDANT CHARLES PETER HUNKELE, JR.:
Brown, Dierdorf & Renzi
7 165 Mullin Street
Watertown, New York 13601
8 Telephone: (315) 788-3360
BY: DAVID A. RENZI, ESQ.
9
10 FOR THE DEFENDANT DAVID STROTHERS:
Slye Law Offices, PC
11 104 Washington Street
Watertown, New York 13601
12 Telephone: (315) 786-0266
BY: ROBERT J. SLYE, ESQ.
13
14 ALSO PRESENT:
Kenneth Miller
15 Mary Jane Harvey
16 EXAMINATION
PAGE
17
Examination by Mr. Slye 5
18
Examination by Mr. Renzi 23
19
Examination by Mr. Givas 35
20
21
22
23
Burnham Reporting (315) 379-0205
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 144 B. Harvey, NY RECEIVED NYSCEF: 06/02/2021
11/19/18, Watertown,
Examination 5
by Mr. Slye
1 (Exhibits B, C, D, E and F were marked
2 for identification.)
3 Thereupon,
4 BERNARD L. HARVEY,
5 having been duly sworn, was examined and testified as
6 follows:
7 EXAMINATION
8 BY MR. SLYE:
9 Q Good afternoon, Mr. Harvey. Are you
10 currently employed, sir?
11 A Yes.
12 Q Where are you employed?
13 A Right here in Watertown, National Grid Power
14. Company.
15 Q And how long have you been with National
16 Grid?
17 A 34 years.
18 Q Okay. What sort of work do you do there?
19 A I'm the chief hot stick line mechanic.
20 Q Okay. So you have to know where your ground
21 wire is, I presume?
22 A Definitely.
23 Q Okay. We're here today in a matter
Burnham Reporting (315) 379-0205
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 06/02/2021
B. Harvey, 11/19/18, Watertown, NY
18
Examination by Mr. Slye
for buying the place it was not in my deed because it was
taken out before I bought it.
2
Q Okay. Well, Exhibit C, and I'll read it out
3
4 loud, excepting and reserving to Mervin and Barbara
5 Miller, their heirs and assigns, the right to enter upon
6 the above described premises, to maintain, repair and/or
7 replace the water pump and underground power and water
8 lines running from said pump, running generally along the
side of the above part -- the above described
9 easterly
10 premises to said Miller.
11 A Yes, that's correct.
12 Q Okay. So there was a reservation in the deed
13 you received to continue to service a water pump?
14 A Correct.
15 Q Correct? But there was no description, was
16 there, in connection with a recreation area?
17 A Correct.
18 Q I'm just talking about what the deed says.
19 And you said that your -- did you have a
attorney
20 conversation with your attorney at the time about what
21 Millers'
the previous deed said and the rights under the
22 previous deed? Did you say something about "sign off"?
23 A I thought that's -- that's a lot of years
Burnham Reporting (315) 379-0205
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 144 NY
RECEIVED NYSCEF: 06/02/2021
B. Harvey, 11/19/18, Watertown,
19
Examination by Mr. Slye
ago, but I thought they said they would have to have the
1
Miller sign off from our parcel or make it aware to them
2
that there's not going to be a common area in front of
3
4 the lot C anymore.
5 Q Okay. So are you aware, was there a physical
6 sign off, do you know?
7 A Not that I know of. I don't remember.
Okay. All right. So back -- I got myself
8 Q
9 all turned around there. Let me show you what's been
10 marked for identification as Exhibit F. It purports to
11 be your deed to Mr. Strothers. Is that a copy of the
12 deed from you and your wife to Mr. Strothers?
13 A It appears to be, yes.
14 Q Okay. And did that deed contain any
15 reservation to the Millers for a recreation area?
16 A No.
17 Okay. And if I this is -- Exhibit F
Q might,
18 is entitled a correct?
warranty deed;
19 A Yes.
20 And deed --
Q the
21 MR. GIVAS: And just for the record, I'll
22 object to the extent that we're about
talking
23 legal conclusions from the deeds. That's a
Burnham Reporting (315) 379-0205
Preview
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 06/02/2021 EXHIBIT F FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 06/02/2021 1 IN THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF JEFFERSON 2 3 KENNETH MILLER, 4 Plaintiff, 5 vs. INDEX NO.: 2018-1369 6 CHARLES PETER HUNKELE, JR., and DAVID STROTHERS, 7 Defendants. 8 / 9 10 11 DEPOSITION OF: BERNARD L. HARVEY 36 North Main Street 12 Carthage, New York 13619 13 DATE: November 19, 2018 14 TIME: 1:06 PM to 1:44 PM 15 LOCATION: 104 Washington Street Watertown, New York 13601 16 TAKEN BY: Counsel for the Defendants 17 18 19 20 22 23 Burnham Reporting (315) 379-0205 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 144 B. Harvey, 11/19/18, Watertown, NY RECEIVED NYSCEF: 06/02/2021 2 1 APPEARANCES: 2 FOR THE PLAINTIFF: Pappas, Cox, Kimpel, Dodd & Levine, PC 3 614 James Street Suite 100 4 Syracuse, New York 13203 Telephone: (315) 472-4481 5 BY: THOMAS P. GIVAS, ESQ. 6 FOR THE DEFENDANT CHARLES PETER HUNKELE, JR.: Brown, Dierdorf & Renzi 7 165 Mullin Street Watertown, New York 13601 8 Telephone: (315) 788-3360 BY: DAVID A. RENZI, ESQ. 9 10 FOR THE DEFENDANT DAVID STROTHERS: Slye Law Offices, PC 11 104 Washington Street Watertown, New York 13601 12 Telephone: (315) 786-0266 BY: ROBERT J. SLYE, ESQ. 13 14 ALSO PRESENT: Kenneth Miller 15 Mary Jane Harvey 16 EXAMINATION PAGE 17 Examination by Mr. Slye 5 18 Examination by Mr. Renzi 23 19 Examination by Mr. Givas 35 20 21 22 23 Burnham Reporting (315) 379-0205 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 144 B. Harvey, NY RECEIVED NYSCEF: 06/02/2021 11/19/18, Watertown, Examination 5 by Mr. Slye 1 (Exhibits B, C, D, E and F were marked 2 for identification.) 3 Thereupon, 4 BERNARD L. HARVEY, 5 having been duly sworn, was examined and testified as 6 follows: 7 EXAMINATION 8 BY MR. SLYE: 9 Q Good afternoon, Mr. Harvey. Are you 10 currently employed, sir? 11 A Yes. 12 Q Where are you employed? 13 A Right here in Watertown, National Grid Power 14. Company. 15 Q And how long have you been with National 16 Grid? 17 A 34 years. 18 Q Okay. What sort of work do you do there? 19 A I'm the chief hot stick line mechanic. 20 Q Okay. So you have to know where your ground 21 wire is, I presume? 22 A Definitely. 23 Q Okay. We're here today in a matter Burnham Reporting (315) 379-0205 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 06/02/2021 B. Harvey, 11/19/18, Watertown, NY 18 Examination by Mr. Slye for buying the place it was not in my deed because it was taken out before I bought it. 2 Q Okay. Well, Exhibit C, and I'll read it out 3 4 loud, excepting and reserving to Mervin and Barbara 5 Miller, their heirs and assigns, the right to enter upon 6 the above described premises, to maintain, repair and/or 7 replace the water pump and underground power and water 8 lines running from said pump, running generally along the side of the above part -- the above described 9 easterly 10 premises to said Miller. 11 A Yes, that's correct. 12 Q Okay. So there was a reservation in the deed 13 you received to continue to service a water pump? 14 A Correct. 15 Q Correct? But there was no description, was 16 there, in connection with a recreation area? 17 A Correct. 18 Q I'm just talking about what the deed says. 19 And you said that your -- did you have a attorney 20 conversation with your attorney at the time about what 21 Millers' the previous deed said and the rights under the 22 previous deed? Did you say something about "sign off"? 23 A I thought that's -- that's a lot of years Burnham Reporting (315) 379-0205 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 144 NY RECEIVED NYSCEF: 06/02/2021 B. Harvey, 11/19/18, Watertown, 19 Examination by Mr. Slye ago, but I thought they said they would have to have the 1 Miller sign off from our parcel or make it aware to them 2 that there's not going to be a common area in front of 3 4 the lot C anymore. 5 Q Okay. So are you aware, was there a physical 6 sign off, do you know? 7 A Not that I know of. I don't remember. Okay. All right. So back -- I got myself 8 Q 9 all turned around there. Let me show you what's been 10 marked for identification as Exhibit F. It purports to 11 be your deed to Mr. Strothers. Is that a copy of the 12 deed from you and your wife to Mr. Strothers? 13 A It appears to be, yes. 14 Q Okay. And did that deed contain any 15 reservation to the Millers for a recreation area? 16 A No. 17 Okay. And if I this is -- Exhibit F Q might, 18 is entitled a correct? warranty deed; 19 A Yes. 20 And deed -- Q the 21 MR. GIVAS: And just for the record, I'll 22 object to the extent that we're about talking 23 legal conclusions from the deeds. That's a Burnham Reporting (315) 379-0205