Preview
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022
EXHIBIT C
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
- - _ _ - - - _ - - _ - - _ _ - _ - - - _Ç
LOUIS W. MAIO,
Plaintif f ,
-against-
PATRICIA A. MAIO, LOUIS A. ZINGONE,
HELEN M. ZINGONE, ADRIANO VIPPOLIS
and LOUISE VIPPOLIS,
Defendants.
Tuesday,
January 16, 2007
9: 55 a.m.
EXAMINATION BEFORE TRIAL
of the Defendant, LOUIS A. ZINGONE, taken
pursuant to Stipulation and Court Order, held
at the offices of Montalbano, Condon & Frank,
P.C., 67 North Main Street, New City, New York,
before a Notary Public of the State of New York.
C L A S S I C
SHORTH AND
REPORTING
LIM I T E D
. . 67 North Maln Street
ow CW, New York 10956
(845)634-2022
Fax (845) 634-3846
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2
A P P E A R A N C E S:
MONTALBANO, CONDON & FRANK, P.C.
Attorneys for Plaintiff
67 North Main Street
New City, New York 10956
BY: JOHN E. FINNEGAN, ESQ.
DANIEL .E. BERTOLINO, P.C.
Attorneys for Defendants
107 North Highland Avenue
Upper Nyack, New York 10960
..
BY: LAURIE A. DORSAINVIL, ESQ.
o00
A L S O P R E S E N T:
DOMINIC CRISPINO
PATRICIA A. DETORRE
LOUIS W. MAIO
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S T I P U L A T I O N S
IT IS HEREBY STIPULATED AND AGREE by and
between the attorneys for the respective parties
hereto, and in compliance with Rule 221 of the
Uniform Rules for the Trial Courts:
THAT the parties recognize the provision of
Rule 3115 subdivisions (b), (c) and/or (d). All
objections made at a.deposition shall be noted by
the officer before whom the deposition is taken,
and the answer will be given and the deposition
shall proceed subject to the objections and to
the right of a person to apply for appr priate
relief pursuant to Article 31 of the CPLR.
THAT every objection raised during a
deposition shall be stated succinctly and framed
so as not to suggest an answer to the deponent
and, at the request of the questioning attorney,
shall include a clear statement as to any defect
in form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
or by this rule, during the course of the
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4
examination, persons in attendance shall not make
statements or comments that interfere with the
questioning.
THAT a deponent shall answer all questions
at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
enforce limitation set forth in an order of a
court, or (iii) when the question is plainly
improper and would, if answered, cause
significant prejudice to any person. A attorney
shall not direct a deponent not to answer except
as provided in CPLR Rule 3115 or this
subdivision. Any refusal to answer or direction
not to answer shall be accompanied by a succinct
and clear statement of the basis therefore. If
the deponent does not answer a question, the
examining party shall have the right to complete
the remainder of the deposition.
THAT an attorney shall not interrupt the
deposition for the purpose of communicating with
the deponent unless all parties consent or the
communication is made for the purpose of
determining whether the question should not be
answered on the grounds set forth in Section
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221.2 of these rules and, in such event, the
reason for the communication shall be stated for
the record succinctly and clearly.
THAT the 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 objection or motion at the time of the trial
of this action, and is hereby reserved; and
THAT this examination may be sworn to by
the witness being examined before a Notary Public
other than the Notary Public before whom this
examination was begun, but the failure to do so
or to return the original of this examination to
counsel shall not be deemed a waiver of the
rights provided by Rule 3116 and 3117 of the CPLR
and shall be controlled thereby.
THAT the filing and certification of the
original of this examination is waived; and
THAT the questioning attorney shall provide
counsel for the witness examined herein with a
copy of this examination without charge.
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1
2 L O U I S A. Z I N G O N E, one of
3 the Defendants herein, stating his
4 address as 10 Dickens Street, Stony
5 Point, New York, 10980, having been first
6 duly sworn by Susan J. MacKenzie, a
7 Notary Public of the State of New York,
8 was examined and testified as follows:
9 EXAMINATION BY
10 MR. FINNEGAN:
11 Q. Mr. Zingone, can you please state
12 your name for the record, your full name?
13 A. Louis Anthony Zingone, but Anthony
14 is very seldom used.
15 Q. What is your address, your home
16 address?
17 A. 10 Dickens Street.
18 Q. Stony Point?
19 A. Stony Point.
20 Q. And your Social Security number?
21 A.
22 Q. And your date of birth?
23 A. October 1st, 1919.
24 Q. Mr. Zingone, as you know, I think
25 you know I'm your former son-in-
representing
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1 LOUIS A. ZINGONE
2 law, Louis Maio, in connection with a partition
3 action, and the partition is of the residence at
4 Dickens Street.
5 A. Yes.
6 Q. I'm going to ask you some questions
7 about that case.
8 A. Okay.
9 Q. Anything I ask you is going to be
10 recorded by the Court Reporter, so your answers
..
11 should be as responsive and as truthful as
12 possible. You're under oath in this deposition.
13 Do you understand that?
14 A. Yes.
15 Q. Okay. If you misspeak, make a
16 mistake or think there is something important
17 that you need to add at any time of the
18 deposition, please alert me to that fact and you
19 will be permitted to change your answer or add
20 whatever it is you think is appropriate. Do you
21 understand that?
22 A. Yes.
23 Q. At the end of the deposition you're
24 going to get a typed copy of the transcript and
25 you'll get an opportunity to read the
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1 LOUIS A. ZINGONE
2 transcript, and at that time you'll be asked to
3 sign it yet again under oath before a Notary
4 Public, and you can note any corrections that
5 need to be made on that transcript. Do you
6 understand that?
7 A. Somebody has got to read it to me,
8 though.
9 Q. Okay. That would be fine. Do I
10 understand from your answer that you are unable
11 to read?
12 A. I could see it under -- if
Well, my
13 I magnify it sixty-five times I could see it.
14 Q. Okay. Your eyesight does not
15 permit you to read under normal circumstances?
16 A. I am considered legally blind.
17 Q. Okay. When did that condition
18 begin?
19 A. Oh, I would say about five years
20 ago, four years ago. Wait a while. I have a
21 card here.
22 Does it have it on there?
23 MS. DORSAINVIL: Mr. Zingone is
24 to a letter --
referring
25 THE WITNESS: Does it have a date?
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1 LOUIS A. ZINGONE
2 MS. DORSAINVIL: He's referring to
3 a letter dated February 14th, 2000 from a
4 Dr. Angioletti.
5 MR. FINNEGAN: Can we mark that for
6 identification?
7 MS. DORSAINVIL: Sure. Actually,
8 . if you can make a copy and mark that?
9 MR. FINNEGAN: Sure. I'm going to
10 run in and right out. It's right down
11 the hall here.
12 (Whereupon, a letter dated 2/14/O0
13 from Dr. Angioletti was marked as
14 Plaintiff's Exhibit 8 for Identification
15 as of this date.)
16 Q. Mr. Zingone, we've marked this
17 letter that's dated February 14th, 2000 from a
18 Dr. Angioletti. Is that your eye doctor?
19 A. Yes.
20 Q. When was the last time you saw him?
21 A. Oh, about a year ago.
22 Q. Has your vision changed at all from
23 2000 when this letter was written?
24 A. Not at all.
25 Q. So, it's still 20/300?
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1 LOUIS A. ZINGONE
2 A. I don't know. tpe exact figures, but
3 I know it hasn't changed. If anything, it
4 diminished.
5 Q. Okay. In 1994 when you moved into
6 the Dickens Street property, what was the s atus
7 of your vision at that time?
8 A. At that time it was good.
9 Q. You could read documents?
10 A. Yes.
11 Q. When did you begin to lose your
12 vision?
13 A. I would say in 1999, around
14 November or December --
15 Q. Okay.
16 A. -- when I was seventy-nine yeats
17 old. It happened when I was eighty years old,
18 and I went into the -- into the 2000 season
19 contemplating on fixing my eyes and it was no
20 good, straightening my eyes, and it was no good.
21 Q. Mr. Zingone, did you do anything to
22 prepare for this deposition?
23 A. Did I do anything?
24 Q. Yes.
25 A. Not at all.
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1 LOUIS A. ZINGONE
2 Q. Had you met with anyone to prepare?
3 A. No, not at all.
4 Q. Did you meet with your attorney to
5 prepare for the deposition?
6 A. Not at all.
7 Q. Have you had anyone read any
8 documents to you?
9 A. Not at all.
10 Q. You did attend the deposition of
11 your daughter and your wife last week though,
12 did you not?
13 A. I heard about it, yes. I was
14 there. I was present.
15 Q. Did you hear the questions and the
16 answers?
17 A. Most of them.
18 Q. After the deposition, did you have
19 occasion to discuss it with your daughter Patty?
20 A. If it it was -- I
was, roughly
21 didn't go into detail.
22 Q. What is the best -- to the best of
23 your recollection, what did you discuss with
24 your daughter?
25 A. I did not go into details.
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1 LOUIS A. ZINGONE
2 Q. I know you didn't. I'm just asking
3 what it was you discussed, whether it was
4 detailed or just generalities.
5 A. When I was going to go, what time I
6 was going to appear today, that I didn't apbrove
7 of the hours. I don't get up at this hour, and
8 I said could we make it a little later, but she
9 said the appointment has been made. That's
10 about the size of it.
11 Q. Okay. Did you discuss anything
12 about the contract involved?
13 A. No, not that I could think of.
14 Q. When was the last time you either
15 read or had the July 8, 1994 agreement read to
16 you?
17 A. '94?
18 Q. Yes.
A. I saw part of it -- as I
19 Well, say,
20 I have a television that I put it under that I
21 magnify it. I read part of it, but I don't
remember -- I don't remember at the time what I
22
23 read.
24 Q. When was it that you put it under
25 the magnifying device?
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1 LOUIS A. ZINGONE
2 A. Yeah.
3 Q. When did you do that?
4 A. I don't remember. I don't
5 remember.
6 Q. Was it in the last month?
7 A. No.
8 Q. The last year?
9 A. No.
10 Q. How long ago, approximately?
11 A. When this came about three years
12 ago or four years I was concerned -- I was
ago,
13 concerned more or less what was going to happen
14 or what was to -- what could have
going
15 happened, and I tried to look at it, but I
16 couldn't understand it thoroughly or I couldn't
17 understand -- thoroughly. I couldn't
yeah,
18 understand it completely.
19 Q. Did you hear your daughter testify
20 last week?
21 A. Did I hear my daugher? Yes.
22 Q. Was there anything that you heard
23 in her testimony that you can recall that you
24 disagree with?
25 A. I don't remember. I don't remember
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1 LOUIS A. ZINGONE
2 what, uh, word for word what was discussed.
3 Q. Okay. I'm not asking you word for
4 word. I'm asking you from a general
5 perspective --
6 A. From general, no.
7 Q. So, would it be fair to say that
8 what you heard your daughter testify to you
9 general.ly agree with?
10 A. I can't say yes on all of it, I
11 can't say no, because sometimes maybe I agree on
12 something and some things I didn't.
13 Q. Which ones did you not agree on?
14 A. I don't remember.
15 Q. But you recall that you had some
16 disagreement --
17 A. I don't remember.
18 Q. As you sit here today, when you
19 were listening to your daughter testify, do you
20 recall thinking to yourself you don't agree with
21 certain parts of her testimony?
22 A. You have to mention what I don't
23 agree and I'll tell you if I could remember that
24 part or not.
25 Q. Okay.
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1 LOUIS A. ZINGONE
2 A. Excuse me. If I may say, you had a
3 two-hour question and answer, and if you think I
4 could remember that, you're a genius.
5 Q. Okay. I'll do the best I can with
6 that. I'll ask you to do the same.
7 Do you remember a Ronald Kahn?
8 A. Do I -- I remember Kahn.
yes,
9 Q. What was your connection to him, if
10 any?
11 A. My connection with him was my
12 son-in-law asked me if I would go to his lawyer
13 and write -- and make a that he
up contract,
14 wanted to be satisfied with the conditions that
15 he brought up to me at the time of my closing,
16 which I had $17,000 deposit on it. This was all
17 brought up at closing time with lawyers involved
18 and with builders involved. That's when this
19 incident occurred. And he wasn't satisfied with
20 the lawyer that we had at the present, and he
21 wanted to get his lawyer to write up the letter
22 you're talking about.
23 Q. Okay. When you say he wasn',t
24 satisfied with the lawyer, was that Mr. William
25 Sherwood?
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1 LOUIS A. ZINGONE
2 A. Yes, right.
3 Q. He was dissatisfied with him?
4 A. He was dissatisfied with him.
5 Q. So, he wanted to get a different
6 lawyer?
7 A. He wanted to get his own lawyer.
8 Q. Not your lawyer?
9 A. I didn't have one.
10 Q. Oh. Was Mr. Sherwood your lawyer?
11 A. He -- he was there for the closing.
12 Q. Did he attend the closing?
13 A. He attended the closing.
14 Q. The closing of what?
15 A. The house.
16 Q. William Sherwood did?
17 A. Yes.
18 Q. Mr. Zingone --
19 A. Yes.
20 Q. -- I'm just to and
going try
21 refresh your recollection. Mr. Sherwood did
22 perform some legal services in connection with
23 the acquisition of this property on Dickens
24 Street. Do you recall that he was elected to be
25 a judge?
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NYSCEF
Preview
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 EXHIBIT C FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND - - _ _ - - - _ - - _ - - _ _ - _ - - - _Ç LOUIS W. MAIO, Plaintif f , -against- PATRICIA A. MAIO, LOUIS A. ZINGONE, HELEN M. ZINGONE, ADRIANO VIPPOLIS and LOUISE VIPPOLIS, Defendants. Tuesday, January 16, 2007 9: 55 a.m. EXAMINATION BEFORE TRIAL of the Defendant, LOUIS A. ZINGONE, taken pursuant to Stipulation and Court Order, held at the offices of Montalbano, Condon & Frank, P.C., 67 North Main Street, New City, New York, before a Notary Public of the State of New York. C L A S S I C SHORTH AND REPORTING LIM I T E D . . 67 North Maln Street ow CW, New York 10956 (845)634-2022 Fax (845) 634-3846 FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 2 A P P E A R A N C E S: MONTALBANO, CONDON & FRANK, P.C. Attorneys for Plaintiff 67 North Main Street New City, New York 10956 BY: JOHN E. FINNEGAN, ESQ. DANIEL .E. BERTOLINO, P.C. Attorneys for Defendants 107 North Highland Avenue Upper Nyack, New York 10960 .. BY: LAURIE A. DORSAINVIL, ESQ. o00 A L S O P R E S E N T: DOMINIC CRISPINO PATRICIA A. DETORRE LOUIS W. MAIO FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 3 S T I P U L A T I O N S IT IS HEREBY STIPULATED AND AGREE by and between the attorneys for the respective parties hereto, and in compliance with Rule 221 of the Uniform Rules for the Trial Courts: THAT the parties recognize the provision of Rule 3115 subdivisions (b), (c) and/or (d). All objections made at a.deposition shall be noted by the officer before whom the deposition is taken, and the answer will be given and the deposition shall proceed subject to the objections and to the right of a person to apply for appr priate relief pursuant to Article 31 of the CPLR. THAT every objection raised during a deposition shall be stated succinctly and framed so as not to suggest an answer to the deponent and, at the request of the questioning attorney, shall include a clear statement as to any defect in form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 4 examination, persons in attendance shall not make statements or comments that interfere with the questioning. THAT a deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce limitation set forth in an order of a court, or (iii) when the question is plainly improper and would, if answered, cause significant prejudice to any person. A attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer shall be accompanied by a succinct and clear statement of the basis therefore. If the deponent does not answer a question, the examining party shall have the right to complete the remainder of the deposition. THAT an attorney shall not interrupt the deposition for the purpose of communicating with the deponent unless all parties consent or the communication is made for the purpose of determining whether the question should not be answered on the grounds set forth in Section FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 5 221.2 of these rules and, in such event, the reason for the communication shall be stated for the record succinctly and clearly. THAT the 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 objection or motion at the time of the trial of this action, and is hereby reserved; and THAT this examination may be sworn to by the witness being examined before a Notary Public other than the Notary Public before whom this examination was begun, but the failure to do so or to return the original of this examination to counsel shall not be deemed a waiver of the rights provided by Rule 3116 and 3117 of the CPLR and shall be controlled thereby. THAT the filing and certification of the original of this examination is waived; and THAT the questioning attorney shall provide counsel for the witness examined herein with a copy of this examination without charge. FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 6 1 2 L O U I S A. Z I N G O N E, one of 3 the Defendants herein, stating his 4 address as 10 Dickens Street, Stony 5 Point, New York, 10980, having been first 6 duly sworn by Susan J. MacKenzie, a 7 Notary Public of the State of New York, 8 was examined and testified as follows: 9 EXAMINATION BY 10 MR. FINNEGAN: 11 Q. Mr. Zingone, can you please state 12 your name for the record, your full name? 13 A. Louis Anthony Zingone, but Anthony 14 is very seldom used. 15 Q. What is your address, your home 16 address? 17 A. 10 Dickens Street. 18 Q. Stony Point? 19 A. Stony Point. 20 Q. And your Social Security number? 21 A. 22 Q. And your date of birth? 23 A. October 1st, 1919. 24 Q. Mr. Zingone, as you know, I think 25 you know I'm your former son-in- representing FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 7 1 LOUIS A. ZINGONE 2 law, Louis Maio, in connection with a partition 3 action, and the partition is of the residence at 4 Dickens Street. 5 A. Yes. 6 Q. I'm going to ask you some questions 7 about that case. 8 A. Okay. 9 Q. Anything I ask you is going to be 10 recorded by the Court Reporter, so your answers .. 11 should be as responsive and as truthful as 12 possible. You're under oath in this deposition. 13 Do you understand that? 14 A. Yes. 15 Q. Okay. If you misspeak, make a 16 mistake or think there is something important 17 that you need to add at any time of the 18 deposition, please alert me to that fact and you 19 will be permitted to change your answer or add 20 whatever it is you think is appropriate. Do you 21 understand that? 22 A. Yes. 23 Q. At the end of the deposition you're 24 going to get a typed copy of the transcript and 25 you'll get an opportunity to read the FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 8 1 LOUIS A. ZINGONE 2 transcript, and at that time you'll be asked to 3 sign it yet again under oath before a Notary 4 Public, and you can note any corrections that 5 need to be made on that transcript. Do you 6 understand that? 7 A. Somebody has got to read it to me, 8 though. 9 Q. Okay. That would be fine. Do I 10 understand from your answer that you are unable 11 to read? 12 A. I could see it under -- if Well, my 13 I magnify it sixty-five times I could see it. 14 Q. Okay. Your eyesight does not 15 permit you to read under normal circumstances? 16 A. I am considered legally blind. 17 Q. Okay. When did that condition 18 begin? 19 A. Oh, I would say about five years 20 ago, four years ago. Wait a while. I have a 21 card here. 22 Does it have it on there? 23 MS. DORSAINVIL: Mr. Zingone is 24 to a letter -- referring 25 THE WITNESS: Does it have a date? FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 9 1 LOUIS A. ZINGONE 2 MS. DORSAINVIL: He's referring to 3 a letter dated February 14th, 2000 from a 4 Dr. Angioletti. 5 MR. FINNEGAN: Can we mark that for 6 identification? 7 MS. DORSAINVIL: Sure. Actually, 8 . if you can make a copy and mark that? 9 MR. FINNEGAN: Sure. I'm going to 10 run in and right out. It's right down 11 the hall here. 12 (Whereupon, a letter dated 2/14/O0 13 from Dr. Angioletti was marked as 14 Plaintiff's Exhibit 8 for Identification 15 as of this date.) 16 Q. Mr. Zingone, we've marked this 17 letter that's dated February 14th, 2000 from a 18 Dr. Angioletti. Is that your eye doctor? 19 A. Yes. 20 Q. When was the last time you saw him? 21 A. Oh, about a year ago. 22 Q. Has your vision changed at all from 23 2000 when this letter was written? 24 A. Not at all. 25 Q. So, it's still 20/300? FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 10 1 LOUIS A. ZINGONE 2 A. I don't know. tpe exact figures, but 3 I know it hasn't changed. If anything, it 4 diminished. 5 Q. Okay. In 1994 when you moved into 6 the Dickens Street property, what was the s atus 7 of your vision at that time? 8 A. At that time it was good. 9 Q. You could read documents? 10 A. Yes. 11 Q. When did you begin to lose your 12 vision? 13 A. I would say in 1999, around 14 November or December -- 15 Q. Okay. 16 A. -- when I was seventy-nine yeats 17 old. It happened when I was eighty years old, 18 and I went into the -- into the 2000 season 19 contemplating on fixing my eyes and it was no 20 good, straightening my eyes, and it was no good. 21 Q. Mr. Zingone, did you do anything to 22 prepare for this deposition? 23 A. Did I do anything? 24 Q. Yes. 25 A. Not at all. FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 11 1 LOUIS A. ZINGONE 2 Q. Had you met with anyone to prepare? 3 A. No, not at all. 4 Q. Did you meet with your attorney to 5 prepare for the deposition? 6 A. Not at all. 7 Q. Have you had anyone read any 8 documents to you? 9 A. Not at all. 10 Q. You did attend the deposition of 11 your daughter and your wife last week though, 12 did you not? 13 A. I heard about it, yes. I was 14 there. I was present. 15 Q. Did you hear the questions and the 16 answers? 17 A. Most of them. 18 Q. After the deposition, did you have 19 occasion to discuss it with your daughter Patty? 20 A. If it it was -- I was, roughly 21 didn't go into detail. 22 Q. What is the best -- to the best of 23 your recollection, what did you discuss with 24 your daughter? 25 A. I did not go into details. FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 12 1 LOUIS A. ZINGONE 2 Q. I know you didn't. I'm just asking 3 what it was you discussed, whether it was 4 detailed or just generalities. 5 A. When I was going to go, what time I 6 was going to appear today, that I didn't apbrove 7 of the hours. I don't get up at this hour, and 8 I said could we make it a little later, but she 9 said the appointment has been made. That's 10 about the size of it. 11 Q. Okay. Did you discuss anything 12 about the contract involved? 13 A. No, not that I could think of. 14 Q. When was the last time you either 15 read or had the July 8, 1994 agreement read to 16 you? 17 A. '94? 18 Q. Yes. A. I saw part of it -- as I 19 Well, say, 20 I have a television that I put it under that I 21 magnify it. I read part of it, but I don't remember -- I don't remember at the time what I 22 23 read. 24 Q. When was it that you put it under 25 the magnifying device? FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 13 1 LOUIS A. ZINGONE 2 A. Yeah. 3 Q. When did you do that? 4 A. I don't remember. I don't 5 remember. 6 Q. Was it in the last month? 7 A. No. 8 Q. The last year? 9 A. No. 10 Q. How long ago, approximately? 11 A. When this came about three years 12 ago or four years I was concerned -- I was ago, 13 concerned more or less what was going to happen 14 or what was to -- what could have going 15 happened, and I tried to look at it, but I 16 couldn't understand it thoroughly or I couldn't 17 understand -- thoroughly. I couldn't yeah, 18 understand it completely. 19 Q. Did you hear your daughter testify 20 last week? 21 A. Did I hear my daugher? Yes. 22 Q. Was there anything that you heard 23 in her testimony that you can recall that you 24 disagree with? 25 A. I don't remember. I don't remember FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 14 1 LOUIS A. ZINGONE 2 what, uh, word for word what was discussed. 3 Q. Okay. I'm not asking you word for 4 word. I'm asking you from a general 5 perspective -- 6 A. From general, no. 7 Q. So, would it be fair to say that 8 what you heard your daughter testify to you 9 general.ly agree with? 10 A. I can't say yes on all of it, I 11 can't say no, because sometimes maybe I agree on 12 something and some things I didn't. 13 Q. Which ones did you not agree on? 14 A. I don't remember. 15 Q. But you recall that you had some 16 disagreement -- 17 A. I don't remember. 18 Q. As you sit here today, when you 19 were listening to your daughter testify, do you 20 recall thinking to yourself you don't agree with 21 certain parts of her testimony? 22 A. You have to mention what I don't 23 agree and I'll tell you if I could remember that 24 part or not. 25 Q. Okay. FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 15 1 LOUIS A. ZINGONE 2 A. Excuse me. If I may say, you had a 3 two-hour question and answer, and if you think I 4 could remember that, you're a genius. 5 Q. Okay. I'll do the best I can with 6 that. I'll ask you to do the same. 7 Do you remember a Ronald Kahn? 8 A. Do I -- I remember Kahn. yes, 9 Q. What was your connection to him, if 10 any? 11 A. My connection with him was my 12 son-in-law asked me if I would go to his lawyer 13 and write -- and make a that he up contract, 14 wanted to be satisfied with the conditions that 15 he brought up to me at the time of my closing, 16 which I had $17,000 deposit on it. This was all 17 brought up at closing time with lawyers involved 18 and with builders involved. That's when this 19 incident occurred. And he wasn't satisfied with 20 the lawyer that we had at the present, and he 21 wanted to get his lawyer to write up the letter 22 you're talking about. 23 Q. Okay. When you say he wasn',t 24 satisfied with the lawyer, was that Mr. William 25 Sherwood? FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2022 16 1 LOUIS A. ZINGONE 2 A. Yes, right. 3 Q. He was dissatisfied with him? 4 A. He was dissatisfied with him. 5 Q. So, he wanted to get a different 6 lawyer? 7 A. He wanted to get his own lawyer. 8 Q. Not your lawyer? 9 A. I didn't have one. 10 Q. Oh. Was Mr. Sherwood your lawyer? 11 A. He -- he was there for the closing. 12 Q. Did he attend the closing? 13 A. He attended the closing. 14 Q. The closing of what? 15 A. The house. 16 Q. William Sherwood did? 17 A. Yes. 18 Q. Mr. Zingone -- 19 A. Yes. 20 Q. -- I'm just to and going try 21 refresh your recollection. Mr. Sherwood did 22 perform some legal services in connection with 23 the acquisition of this property on Dickens 24 Street. Do you recall that he was elected to be 25 a judge? FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:58 AM INDEX NO. 032052/2022 NYSCEF