Preview
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
M.arch 1, 2422
TilE
o SUPF,EME
COU}.]TY OE
COUF,T
KINGS
OF STATE OE NEW YORK
---------x
AN TON IO ESPINOSA,
Plaintiff,
-against- Index No. t5152-l 1/2AI8
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC,
Def endants.
---------x
MAC 6O LLC and ROYAL HOME ]MPROVEI'4ENTS. ]NC. ,
Third-Party Plaintiffs,
-against-
GILMAR DES I GN CORPORAT]ON,
Thlrd- Party Def endant.
March 'l , 2022
O 10:00 A.M.
LEXITAS RE PORT ING
EXAMINATION BEFORE TRIAL Of GILMAR DES]GN
CoRPORATION, a Third-Party Defendant, in the
above-entitled action, by MARAT GILMANOV, held
at the above time and place pursuant to Order,
taken before Peter Toth, a reporter and Not a ry
PubIic within and for the State of New York.
f
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
r d'(Jc -
March 7, 2022
o 2
3 ORESKY &
APPEARANCES
ASSOCJATES, PLLC
l-ttcrnevs for P:a:ntiff
4 149 East 14 9th Street
Brcnx, New York 13451-
BY: EDWARD FORD, ESQ.
6
KI ERNAN TREBACH / LLP
1 Attor:neys for Defendant
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, I i.]C .
8 1305 Frank.Iin Avenue, Sui te 301
Garden Clty, Nen York 11530
a]
BY : AEAE SULIEMAN, ESQ.
10 RAWLE & HEN"DERSON, LLP
Attorneys for Defendant
11 GILMAR DESIGN COR PORAT ]ON
I 72 New
BY:
York,
14
RICHARD
Wa l1
New York
St
POLNER,
reet.
10005
ESQ.
27th Floor
13
L4
ALSO PRESENT: LANA GLAZ, E]BER RUSSIAN
l5 INTERPRETER
L6
L1
18
19
20
21
22
23
24
25
a
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Page 3
March 1, 2022
a 2
3 221.
STATE
UN] EORI,l RULES
OR Ll3UAL
T-OR
ST]PS
THE COi'iDUCT OF
4 It is hereby st ipulated and agreed by anci
5 betr,,;een counsel for all pal:ties present that
6 pursuant to CPLR section 3113 (d) this
1 depos it ion is to be cor:ducted by video
I conference, that the cour:t reporter. all
9 counsel. and the witness are a.L.L in separate
10 remol-e locations and part icipat ing via
11 Videoconference ( LegalView/Zoom) meeting unde r
72 the control of Lex itas Court Reporting
13 Service, that the officer administering the
I L4
15
oath
of the
to the witness
depos.ition and
need
the
not be
w.itness
in the
shaII
place
be
L6 sworn in r:emotely by the court reporter af ter
l1 confi rming the witnesses identity, that this
1B video con ference will not be recorded in any
19 manner and that any recording without the
20 express wrltten consent of all part ies shall
27 be considered unauthori zed, in violat ion of
22 1aw, and shall not be used for any purpose in
this litiqation o.r otherwise. It is further
24 stipufated that exhibits may be marked by the
25 attorney presentinq the exhibit to the
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
l4arch 1, 2422
o 2
3
witness,
presented
and
to
that
a
a
witness
copy of
sha 1I
any
be
exhibi
emaifed
t
to or
4 otherwise in possession of a.Il counsel prior
the any quest ioning of a witness regarding the
6 exhibit tn question, A11 parties shal I bear
1 thei r own cost s the conduct of this deposition
I by vldeo conference notwithstanding the
9 obI igat ion by CPLR to suppl y a copy OL LIIE
10 transcript to the deposed party by the taking
11 party in civil- l it igal ion matters.
72 DEPOS]TIONS
13 22L.7 Abjections at Depositions (a) Cbjections
o I4
15
in
depos
general.
ition
No
except
obj ections
those
shall
wh j-ch
be
pursuant
made
to
ar a
16 subdivision (b), (c),or (d) of Rule 3115 of the
71 Civi I Pract ice Law and RuIes, would be waived
1B if not interposed, and except in compliance
19 with subdivision (e) of such rule. Att
20 objections made at a deposition shall be noted
2l by the officer before whom the deposition is
22 ta ken, and the answer sha-II be given and the
23 deposition shall proceed subj ect to the
24 object.ions and to the right of a person to
25 apply for appropriate reI ief pursuant to
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Page 5
llarch 1, 2022
o 2
3
Ar: icle
objec:icns
3i of the
rest::rcteC.
CPiR. (b)
Every
Speaking
olr jection raise,j
4 dur.rng a depositior, shail be stated succincl-1y
5 and framed so as not to suggest and answer to
tl the deponent and at the request of the
1 quest ion ing attorney shafl include a clear
I statement as to any defect in form o.r other
o basis of error or i rregul arity. Except to the
10 extent pernitted by CPLR RuIe 3115 cr by this
11 rule, during the course of the examination,
L2 pe rsons in attendance shall not ma ke
13 statements or comments that interfere with the
o t4
15
questioning.
22I .2 Refusal r-o answer when obj ection is
16 made. A deponent shal i answer all questions at
t1 a depos it ion except (i) to preserve a
t8 privi lege or right of conf .identlality, (ii) to
r9 enforce a I imltat ion set forth in an order of
20 the court or (iii ) when the question is
2t plainly improper and would if answered cause
z2 s igni ficant prej udice to any person. An
)1 attorney shaf I not di rect a deponent not to
24 answer except as provided in CPLR Rule 31L5 or
25 this subdivision. Any refusal to answer or
a
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Pege 6
llar ch 1, 2022
o 2
3
direction
by a succinct
nor- tc
and
answ€r
clear
shall
statcment-
be accompanied
of the basis
4 rhere f cr. If the depcnent dces nol answer a
5 quest ion the examinrng party shall have the
6 right to compiete the remainder of the
1 f,^-^^l!l^^
lrcL,Lr5-LL-LUrr.
I 221.UNIFORM RULES FOR THE CONDUCT OF
9 DEPOS]TIONS
10 221.3 Communication with the deponent . An
11 attorney sha.I .I not interrupt the deposition
L2 for the purpose of communicating with the
13 deponent unfess all part ies consent or the
o L4
15
communication
determining
is
whether
made
the
for the
question
purpose
shou.Id
of
not be
16 answered on the grounds set forth in section
L1 221.2 of these rules and in such event the
18 reason for the communication shalf be st ated
19 for the re cord succinct Iy and clearly.
20 IT IS EURTHER STIPULATED AND AGREED that the
2l transcript may be signed before a Notary
22 Public with the same force and effect as if
23 signed before a cl-erk or a Judge of the court,
24 IT IS EURTHER ST]PULATED AND AGREED thal the
25 examinat ion before trial may be utilized for
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Paqe 1
Maxch '7
, 2022
o 2
3
alI
EURTIlER
purposes
STIPULATED
as prcvicied
AND
by
AGREED
the
thAt
CP-R.
Aif
1T
TightS
IS
A provlded tc all parties by the CPLF' cannot be
5 deemed waived and Lhe appropriate sections of
6 the CPLR 5
1 IT IS EURTHER STIPULATED AND AGREED by and
I between the attorneys for the respective
9 parties hereto that a copy of this examina t i on
10 shalf be furnished wi thout charge to the
11 attorneys representing the witness testifying
72 herein.
13
o 74
15
16
L1
18
t9
20
2t
22
ZJ
24
25
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Page I
l4arch 1, 2022
o 1
2 L A i.i A G L A Z,
M.
Lhe
G I LUAR
rnterpr.etel:, was duly
I
3 sworn by a Notary Puhr-Iic of the Stat e of
A New York to t rans late the questicns f rom
EngI r sh to Russian and the answers f ron
6 Russian to Engl i sh to the best cf her
1 abiii-"y.
I MA RA T G I L i'4A N O V, the witness
o herern, havirig been duly sworn hY a
10 Notary PubIic of the Siate of New York,
11 was examined and test i fied as follows:
t2 EXAMINATlON BY
MS. SULIEMAN:
a
13
L4 Q StaLe your nane tor Lhe record.
15 please.
16 A Marat Gi Imanov.
11 Q State your address for the record,
L8 please.
19 A 7113 East 19t.h Street, Suite 4A,
20 Brooklyn, New York 11.229.
2L COURT REPORTER:
22 It is hereby St ipulated and agreed by and
23 between counse.l- for all parties present that
24 pursuant to CPLR sect.ion 31f3 (d) this
25 depos ition is to be conducted by video
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Page 9
M:arch 1, ?022
o 1
2 conference, thar
l'1.
r,ire
GILIYIAR
corir:t- repo:ter. aif
c
3 counsel, and the 'uil. ]-11es s are al1 in separate
4 remor-e iocatrc,ns and pa rti cipat ing via
5 Videoconference (i,egalView/Zoom) meeting un,.1er
6 the controf of Lexitas Court Repc.rt ing
1 Se.rvice, that the of f icer: adrnrnistering rhe
I oath to the witness need not be in the place
I of the deposit.ion arrd the witness shall be
10 sworn in r:emote.Iy by the court repoLter after
11 confi rming the witnesses ident ity, that this
tz vldeo conference will not be recorded in any
13 manner and that any recording without the
a lq express written consent of all parties shall
15 be cons idered unauth orrzed, in vioiation of
t6 law, and sha.I.L not be used for any purpose in
L1 thi s l itigation or otherwise. It is f urther
18 stipulated that exhibits may be marked by the
19 attorney present ing the exhibit to the
20 witness, and that a copy of any exhibit
27 presented to a witness shall be emailed to or
22 otherw.ise in possession of aII counsel prior
23 to any quest ioning of a witness regarding the
24 exhibit in question. Aff part ies shalf bear
25 their own costs the conduct of this depositlon
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Page 10
llarch 1 , 2022
o 1
2 by video conference
M. GILI\1Ai''
nctwi th standing the
10
3 cbllgatron by CPLR to sr.lpp1y a ccpy of the
4 trans cript to the deposed parl-y by the ta king
5 party in civi l f itigat.icn matters. Eve ryone
6 agree or so stipu.Iate?
't MR. FORD: Stlpulated.
8 MR. POLNER: Stipulated.
9 MR. FORD: Stipulated.
l-0 COURT REPORTER: WiIL the witNCSS
11 please show the ir government i s sued ID.
72 WITNESS: (Complies. )
13 MR. FORD: Let 's mark these .
o t4 (Handwritten mason
Is
est imate was
15 marked as Defendant Exhibit (s ) A for
t6 ldentl ficat ion, as of this date. )
77 (Gifmar typed proposal 062911 was
18 marked as Defendant Is Exhibit (s ) B for
19 identi ficat ion, as of this date. )
20 (GiImar HoId Harmless agreement was
27 marked as Defendant' s Exhibit (s ) C for
?) ident j- ficat i on, as of thi s date. )
23 (Glfmar cert i ficate of insurance
was marked as Defendant 's Exhibit (s ) D
.)E,
for identi fication, as of thi s date. )
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
rd9e .lJ-
l4arch "7
, 2022
o 2
t-
(Roya I
T{.
Bui
G]LI'iAR
lder siIe speci fi c safety
11
3 plan was marked as Defendant's Exhiblt (s )
4 E for identificatlon, as of this Cate. )
5 MR. FORD: Good morning, Mr..
6 Gilmanov. My name is Afa f Sulieman. You
1 can refer to me as Eaye if that's easier.
o I am wlth the law firn of Kiernan,
9 Trebach. We represent I'1ac 60, LLC and
10 Roya.I Home Improvements in this matter
11 brought by the plainti ff Antonio
1.2
13 THE WITNESS: Okay. I understood
o L4 everything.
15 MS. SULIEMAN: I will Lre asking you
1.6 a series of questions today. f ask that
l'7 you -- even if you think you can
18 ant icipate the quest ion, you af .Iow me to
L9 f i-nish asking the quest ion before you
20 respond.
2L rHE !,IITNESS: A11 right.
22 MS. SULlEMAN: If you do not
23 understand a question, please Iet me
24 know, and I will repeat it or rephrase it
25 untiJ- you are able to understand it.
a
DEITZ Court Reporting... A Lexitas Company
800-678-0165
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
Paqe LZ
Mal,ch 1, 2022
o 1
2 THE
M .
l'iITi'iESS;
G; I.lrlAF.
Aii righi..
L?
3 |1S. SULIEMp,I',r-: P.lease keep a1i of
4 your responses ve rba I because the court-
5 reporter cannot take down noCs of -the
6 head or any Lype cf gescures.
1 THE WITNESS: All right.
I MS. SULIEMAN: Anci I ask that You
9 keep your voice .loud -- keep your voice
10 up loudly so that the in1-erpreter can
l1 hear you and e
v.r get a proper
L2 interpretat ion of the questions and
13 answers.
o 74 THE WITNESS: A1I right.
15 MS. SULIEMAN: And if at any
16 t ime --
1.1 INTERPRETER: The witnes s is asking
18 if that' s Loud enough, and I'm asking the
19 witnes s to spea k a I itt Ie louder.
20 MR. FoRD: Yeah, I would say a
2L I ittfe louder, please.
22 THE WITNESS: Okay.
23 MS. SULIEMAN: 1f at any time You
24 need a break, restroom or any other
reason, j ust fet us know and we are happy
O
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022
raY! rJ
l\arch 1, 2422
o 1
2 !o accommodate
M. GILMAR
you.
13
3 THE WITNESS: All right.
4 o Mr. Gi 1ma nov, what is your date of
5 birth?
t) A Janua ry 23. 1964.
1 O And earl ier you provided an address
I 1?r2 E.--r I 9th Street, Suite 4A, Brooklyn, New
9 York 1.L?29, and so that is your business
10 address?
11 A Yes.
L2 O For CiImar Des i gn CorporaLion?
13 A
o L4 O What is your home address?
l5 MR. POLNER: Over obj ection. He's
L6 not here as an individuaf, he's here on
1"7 behalf of a company. If you want, we
18 w11l
Preview
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 M.arch 1, 2422 TilE o SUPF,EME COU}.]TY OE COUF,T KINGS OF STATE OE NEW YORK ---------x AN TON IO ESPINOSA, Plaintiff, -against- Index No. t5152-l 1/2AI8 MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC, Def endants. ---------x MAC 6O LLC and ROYAL HOME ]MPROVEI'4ENTS. ]NC. , Third-Party Plaintiffs, -against- GILMAR DES I GN CORPORAT]ON, Thlrd- Party Def endant. March 'l , 2022 O 10:00 A.M. LEXITAS RE PORT ING EXAMINATION BEFORE TRIAL Of GILMAR DES]GN CoRPORATION, a Third-Party Defendant, in the above-entitled action, by MARAT GILMANOV, held at the above time and place pursuant to Order, taken before Peter Toth, a reporter and Not a ry PubIic within and for the State of New York. f DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 r d'(Jc - March 7, 2022 o 2 3 ORESKY & APPEARANCES ASSOCJATES, PLLC l-ttcrnevs for P:a:ntiff 4 149 East 14 9th Street Brcnx, New York 13451- BY: EDWARD FORD, ESQ. 6 KI ERNAN TREBACH / LLP 1 Attor:neys for Defendant MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, I i.]C . 8 1305 Frank.Iin Avenue, Sui te 301 Garden Clty, Nen York 11530 a] BY : AEAE SULIEMAN, ESQ. 10 RAWLE & HEN"DERSON, LLP Attorneys for Defendant 11 GILMAR DESIGN COR PORAT ]ON I 72 New BY: York, 14 RICHARD Wa l1 New York St POLNER, reet. 10005 ESQ. 27th Floor 13 L4 ALSO PRESENT: LANA GLAZ, E]BER RUSSIAN l5 INTERPRETER L6 L1 18 19 20 21 22 23 24 25 a DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Page 3 March 1, 2022 a 2 3 221. STATE UN] EORI,l RULES OR Ll3UAL T-OR ST]PS THE COi'iDUCT OF 4 It is hereby st ipulated and agreed by anci 5 betr,,;een counsel for all pal:ties present that 6 pursuant to CPLR section 3113 (d) this 1 depos it ion is to be cor:ducted by video I conference, that the cour:t reporter. all 9 counsel. and the witness are a.L.L in separate 10 remol-e locations and part icipat ing via 11 Videoconference ( LegalView/Zoom) meeting unde r 72 the control of Lex itas Court Reporting 13 Service, that the officer administering the I L4 15 oath of the to the witness depos.ition and need the not be w.itness in the shaII place be L6 sworn in r:emotely by the court reporter af ter l1 confi rming the witnesses identity, that this 1B video con ference will not be recorded in any 19 manner and that any recording without the 20 express wrltten consent of all part ies shall 27 be considered unauthori zed, in violat ion of 22 1aw, and shall not be used for any purpose in this litiqation o.r otherwise. It is further 24 stipufated that exhibits may be marked by the 25 attorney presentinq the exhibit to the o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 l4arch 1, 2422 o 2 3 witness, presented and to that a a witness copy of sha 1I any be exhibi emaifed t to or 4 otherwise in possession of a.Il counsel prior the any quest ioning of a witness regarding the 6 exhibit tn question, A11 parties shal I bear 1 thei r own cost s the conduct of this deposition I by vldeo conference notwithstanding the 9 obI igat ion by CPLR to suppl y a copy OL LIIE 10 transcript to the deposed party by the taking 11 party in civil- l it igal ion matters. 72 DEPOS]TIONS 13 22L.7 Abjections at Depositions (a) Cbjections o I4 15 in depos general. ition No except obj ections those shall wh j-ch be pursuant made to ar a 16 subdivision (b), (c),or (d) of Rule 3115 of the 71 Civi I Pract ice Law and RuIes, would be waived 1B if not interposed, and except in compliance 19 with subdivision (e) of such rule. Att 20 objections made at a deposition shall be noted 2l by the officer before whom the deposition is 22 ta ken, and the answer sha-II be given and the 23 deposition shall proceed subj ect to the 24 object.ions and to the right of a person to 25 apply for appropriate reI ief pursuant to o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Page 5 llarch 1, 2022 o 2 3 Ar: icle objec:icns 3i of the rest::rcteC. CPiR. (b) Every Speaking olr jection raise,j 4 dur.rng a depositior, shail be stated succincl-1y 5 and framed so as not to suggest and answer to tl the deponent and at the request of the 1 quest ion ing attorney shafl include a clear I statement as to any defect in form o.r other o basis of error or i rregul arity. Except to the 10 extent pernitted by CPLR RuIe 3115 cr by this 11 rule, during the course of the examination, L2 pe rsons in attendance shall not ma ke 13 statements or comments that interfere with the o t4 15 questioning. 22I .2 Refusal r-o answer when obj ection is 16 made. A deponent shal i answer all questions at t1 a depos it ion except (i) to preserve a t8 privi lege or right of conf .identlality, (ii) to r9 enforce a I imltat ion set forth in an order of 20 the court or (iii ) when the question is 2t plainly improper and would if answered cause z2 s igni ficant prej udice to any person. An )1 attorney shaf I not di rect a deponent not to 24 answer except as provided in CPLR Rule 31L5 or 25 this subdivision. Any refusal to answer or a DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Pege 6 llar ch 1, 2022 o 2 3 direction by a succinct nor- tc and answ€r clear shall statcment- be accompanied of the basis 4 rhere f cr. If the depcnent dces nol answer a 5 quest ion the examinrng party shall have the 6 right to compiete the remainder of the 1 f,^-^^l!l^^ lrcL,Lr5-LL-LUrr. I 221.UNIFORM RULES FOR THE CONDUCT OF 9 DEPOS]TIONS 10 221.3 Communication with the deponent . An 11 attorney sha.I .I not interrupt the deposition L2 for the purpose of communicating with the 13 deponent unfess all part ies consent or the o L4 15 communication determining is whether made the for the question purpose shou.Id of not be 16 answered on the grounds set forth in section L1 221.2 of these rules and in such event the 18 reason for the communication shalf be st ated 19 for the re cord succinct Iy and clearly. 20 IT IS EURTHER STIPULATED AND AGREED that the 2l transcript may be signed before a Notary 22 Public with the same force and effect as if 23 signed before a cl-erk or a Judge of the court, 24 IT IS EURTHER ST]PULATED AND AGREED thal the 25 examinat ion before trial may be utilized for o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Paqe 1 Maxch '7 , 2022 o 2 3 alI EURTIlER purposes STIPULATED as prcvicied AND by AGREED the thAt CP-R. Aif 1T TightS IS A provlded tc all parties by the CPLF' cannot be 5 deemed waived and Lhe appropriate sections of 6 the CPLR 5 1 IT IS EURTHER STIPULATED AND AGREED by and I between the attorneys for the respective 9 parties hereto that a copy of this examina t i on 10 shalf be furnished wi thout charge to the 11 attorneys representing the witness testifying 72 herein. 13 o 74 15 16 L1 18 t9 20 2t 22 ZJ 24 25 o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Page I l4arch 1, 2022 o 1 2 L A i.i A G L A Z, M. Lhe G I LUAR rnterpr.etel:, was duly I 3 sworn by a Notary Puhr-Iic of the Stat e of A New York to t rans late the questicns f rom EngI r sh to Russian and the answers f ron 6 Russian to Engl i sh to the best cf her 1 abiii-"y. I MA RA T G I L i'4A N O V, the witness o herern, havirig been duly sworn hY a 10 Notary PubIic of the Siate of New York, 11 was examined and test i fied as follows: t2 EXAMINATlON BY MS. SULIEMAN: a 13 L4 Q StaLe your nane tor Lhe record. 15 please. 16 A Marat Gi Imanov. 11 Q State your address for the record, L8 please. 19 A 7113 East 19t.h Street, Suite 4A, 20 Brooklyn, New York 11.229. 2L COURT REPORTER: 22 It is hereby St ipulated and agreed by and 23 between counse.l- for all parties present that 24 pursuant to CPLR sect.ion 31f3 (d) this 25 depos ition is to be conducted by video o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Page 9 M:arch 1, ?022 o 1 2 conference, thar l'1. r,ire GILIYIAR corir:t- repo:ter. aif c 3 counsel, and the 'uil. ]-11es s are al1 in separate 4 remor-e iocatrc,ns and pa rti cipat ing via 5 Videoconference (i,egalView/Zoom) meeting un,.1er 6 the controf of Lexitas Court Repc.rt ing 1 Se.rvice, that the of f icer: adrnrnistering rhe I oath to the witness need not be in the place I of the deposit.ion arrd the witness shall be 10 sworn in r:emote.Iy by the court repoLter after 11 confi rming the witnesses ident ity, that this tz vldeo conference will not be recorded in any 13 manner and that any recording without the a lq express written consent of all parties shall 15 be cons idered unauth orrzed, in vioiation of t6 law, and sha.I.L not be used for any purpose in L1 thi s l itigation or otherwise. It is f urther 18 stipulated that exhibits may be marked by the 19 attorney present ing the exhibit to the 20 witness, and that a copy of any exhibit 27 presented to a witness shall be emailed to or 22 otherw.ise in possession of aII counsel prior 23 to any quest ioning of a witness regarding the 24 exhibit in question. Aff part ies shalf bear 25 their own costs the conduct of this depositlon o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Page 10 llarch 1 , 2022 o 1 2 by video conference M. GILI\1Ai'' nctwi th standing the 10 3 cbllgatron by CPLR to sr.lpp1y a ccpy of the 4 trans cript to the deposed parl-y by the ta king 5 party in civi l f itigat.icn matters. Eve ryone 6 agree or so stipu.Iate? 't MR. FORD: Stlpulated. 8 MR. POLNER: Stipulated. 9 MR. FORD: Stipulated. l-0 COURT REPORTER: WiIL the witNCSS 11 please show the ir government i s sued ID. 72 WITNESS: (Complies. ) 13 MR. FORD: Let 's mark these . o t4 (Handwritten mason Is est imate was 15 marked as Defendant Exhibit (s ) A for t6 ldentl ficat ion, as of this date. ) 77 (Gifmar typed proposal 062911 was 18 marked as Defendant Is Exhibit (s ) B for 19 identi ficat ion, as of this date. ) 20 (GiImar HoId Harmless agreement was 27 marked as Defendant' s Exhibit (s ) C for ?) ident j- ficat i on, as of thi s date. ) 23 (Glfmar cert i ficate of insurance was marked as Defendant 's Exhibit (s ) D .)E, for identi fication, as of thi s date. ) o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 rd9e .lJ- l4arch "7 , 2022 o 2 t- (Roya I T{. Bui G]LI'iAR lder siIe speci fi c safety 11 3 plan was marked as Defendant's Exhiblt (s ) 4 E for identificatlon, as of this Cate. ) 5 MR. FORD: Good morning, Mr.. 6 Gilmanov. My name is Afa f Sulieman. You 1 can refer to me as Eaye if that's easier. o I am wlth the law firn of Kiernan, 9 Trebach. We represent I'1ac 60, LLC and 10 Roya.I Home Improvements in this matter 11 brought by the plainti ff Antonio 1.2 13 THE WITNESS: Okay. I understood o L4 everything. 15 MS. SULIEMAN: I will Lre asking you 1.6 a series of questions today. f ask that l'7 you -- even if you think you can 18 ant icipate the quest ion, you af .Iow me to L9 f i-nish asking the quest ion before you 20 respond. 2L rHE !,IITNESS: A11 right. 22 MS. SULlEMAN: If you do not 23 understand a question, please Iet me 24 know, and I will repeat it or rephrase it 25 untiJ- you are able to understand it. a DEITZ Court Reporting... A Lexitas Company 800-678-0165 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 Paqe LZ Mal,ch 1, 2022 o 1 2 THE M . l'iITi'iESS; G; I.lrlAF. Aii righi.. L? 3 |1S. SULIEMp,I',r-: P.lease keep a1i of 4 your responses ve rba I because the court- 5 reporter cannot take down noCs of -the 6 head or any Lype cf gescures. 1 THE WITNESS: All right. I MS. SULIEMAN: Anci I ask that You 9 keep your voice .loud -- keep your voice 10 up loudly so that the in1-erpreter can l1 hear you and e v.r get a proper L2 interpretat ion of the questions and 13 answers. o 74 THE WITNESS: A1I right. 15 MS. SULIEMAN: And if at any 16 t ime -- 1.1 INTERPRETER: The witnes s is asking 18 if that' s Loud enough, and I'm asking the 19 witnes s to spea k a I itt Ie louder. 20 MR. FoRD: Yeah, I would say a 2L I ittfe louder, please. 22 THE WITNESS: Okay. 23 MS. SULIEMAN: 1f at any time You 24 need a break, restroom or any other reason, j ust fet us know and we are happy O DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 12/13/2022 raY! rJ l\arch 1, 2422 o 1 2 !o accommodate M. GILMAR you. 13 3 THE WITNESS: All right. 4 o Mr. Gi 1ma nov, what is your date of 5 birth? t) A Janua ry 23. 1964. 1 O And earl ier you provided an address I 1?r2 E.--r I 9th Street, Suite 4A, Brooklyn, New 9 York 1.L?29, and so that is your business 10 address? 11 A Yes. L2 O For CiImar Des i gn CorporaLion? 13 A o L4 O What is your home address? l5 MR. POLNER: Over obj ection. He's L6 not here as an individuaf, he's here on 1"7 behalf of a company. If you want, we 18 w11l