Preview
FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019
Exhibit A
FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019
Page 1
February 25, 2019
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------X
L'ETOILE ROYALE, INC.,
Plaintiff,
-against-
CAMPUSTAR (U.S.A.), INC., and DOUGLAS
ELLIMAN PROPERTY MANAGEMENT,
Defendants,
INDEX NO.: 158143/2015
----------------------------------------X
STARNET INSURANCE COMPANY as subrogee of
L'ETOILE ROYALE, INC.,
Plaintiff,
-against-
CAMPUSTAR (U.S.A.), INC.,
Defendants,
INDEX NO.: 159702/2016
----------------------------------------X
61 Broadway
New York, New York
February 25, 2019
10:11 a.m.
EXAMINATION BEFORE TRIAL of the Plaintiff,
STARNET INSURANCE COMPANY, by GREGORY J. SMITH, in
the above-entitled action, held at the above time
and place, taken before a Notary Public of the State
of New York, pursuant to Order and Stipulations
between Counsel.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 2
2 A P P E A R A N C E S:
3 ROSNER, NOCERA & RAGONE, LLP.
4 Attorney for Plaintiff
STARNET INSURANCE COMPANY as subrogee of
5 L'ETOILE ROYALE, INC.,
62 Broadway, Suite 1900
6 New York, New York 10006-2706
7 BY: ELIOT GREENBERG, ESQ.
8
9
BRUCE SOMERSTEIN & ASSOCIATES
10
Attorney for Defendant
11 Seven Penn Plaza
New York, New York 10001
12
BY: CHRISTOPHER A. WONG, ESQ.
13 FILE NO.: 17161
CLAIM NO.: PO142625-01
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DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 3
2 S T I P U L A T I O N S
3 IT IS HEREBY STIPULATED AND AGREED by and
4 between(among) counsel for the respective parties
5 hereto, that:
6
7 All rights provided by the C.P.L.R.,
8 including the right to object to any question,
9 except as to form, or to move to strike any
10 testimony at this(these) examinations(s), are
11 reserved, and, in addition, the failure to object to
12 any question or to move to strike any testimony at
13 this(these) examination(s) shall not be a bar or
14 waiver to make such motion at, and is reserved for
15 the trial of this action;
16
17 IT IS FURTHER STIPULATED AND AGREED by and
18 between(among) counsel for the respective parties
19 hereto, that this(these) examinations(s) may be
20 sworn to by the witness(es) being examined, before a
21 Notary Public other than the Notary Public before
22 whom this(these) examination(s) was(were) begun; but
23 the failure to do so, or to return the original of
24 this(these) examinations(s) to counsel, shall not be
25 deemed a waiver of the rights provided by
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 4
2 S T I P U L A T I O N S (Cont'd)
3 Rules 3116 and 3117 of the C.P.L.R., and shall be
4 controlled thereby;
5
6 IT IS FURTHER STIPULATED AND AGREED by and
7 between(among) counsel for the respective parties
8 hereto, that this(these) examinations(s) may be
9 utilized for all purposes as provided by the
10 C.P.L.R;
11
12 IT IS FURTHER STIPULATED AND AGREED by and
13 between(among) counsel for the respective parties
14 hereto, that the filing and certification of the
15 original of this(these) examination(s) shall be and
16 the same hereby are waived;
17
18 IT IS FURTHER STIPULATED AND AGREED by and
19 between(among) counsel for the respective parties
20 hereto, that a copy of the within examination(s)
21 shall be furnished to counsel representing the
22 witness(es) testifying, without charge.
23
24 IT IS FURTHER STIPULATED AND AGREED by and
25 between(among) counsel for the respective parties
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 5
2 S T I P U L A T I O N S (Cont'd)
3 hereto, that all rights provided by the C.P.L.R.,
4 and Part 221 of the Uniform Rules for the Conduct of
5 Depositions, including the right to object to any
6 question, except as to form, or to move to strike
7 any testimony at this examination is reserved; and
8 in addition, the failure to object to any question
9 or to move to strike any testimony at this
10 examination shall not be a bar or waiver to make
11 such motion at, and is reserved to, the trial of
12 this action.
13
14
15
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22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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Page 6
February 25, 2019
1 GREGORY J. SMITH
2 G R E G O R Y S M I T H, called as a witness,
3 having been first duly sworn by a Notary Public of
4 the State of New York, was examined and testified as
5 follows:
6 EXAMINATION BY
7 MR. WONG:
8 Q. Please state your name for the record.
9 A. Gregory J. Smith.
10 Q. Please state your address for the record.
11 A. 757 Third Avenue, 10th Floor, New York, New
12 York 10017.
13 MR. WONG: Good morning. My name is
14 Christopher Wong. I'm an attorney with Bruce
15 Somerstein & Associates representing the
16 Defendant in this action.
17 I'm going to be asking you a series of
18 questions concerning an incident that was
19 discovered on or about January 15th of 2015.
20 Before we start though, I would like to do some
21 housekeeping procedures.
22 I received an email this morning, from Mr.
23 Breck Grossman, advising us he was suppose to be
24 here this morning, but due to the fact his plane
25 trip was canceled yesterday evening, he will not
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 be attending. We are okay to proceed without
3 him; is that correct?
4 MR. GREENBERG: That is correct.
5 MR. WONG: All right, Mr. Smith. Before we
6 begin, I would like to give you some
7 instructions.
8 First instruction is: Please only answer a
9 question that I ask you.
10 Second, if you do not understand a
11 question, please let me know, and I will
12 rephrase it.
13 If your attorney objects to a question,
14 please let us resolve the objection before you
15 answer it.
16 If you need a break, that's fine, just ask.
17 However, if there is an open question, I do ask
18 that you answer it before we take the break.
19 Q. The address you gave, 757 Third Avenue,
20 what address is that?
21 A. That's my office address.
22 Q. Are you currently employed?
23 A. Yes.
24 Q. Who is your employer?
25 A. Berkley Asset Protection Underwriting
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 Managers, LLC.
3 Q. What is Berkley's relation with Starnet
4 Insurance Company?
5 A. We are the underwriting agents for Starnet.
6 Q. What is your position at Berkley Asset?
7 A. Executive Vice President In Charge of
8 Claims.
9 Q. How long have you held that position?
10 A. Eleven years.
11 Q. Back in 2015, you were still the Executive
12 Vice President Of Claims?
13 A. Yes.
14 Q. What is your date of the birth please?
15 A. Xx/xx/64.
16 Q. What is your highest level of education,
17 sir?
18 A. I have a bachelor's in accounting from
19 Niagara University.
20 Q. What year did you get that degree?
21 A. '86.
22 Q. Do you have any special training to be a
23 Executive Vice President Of Claims?
24 MR. GREENBERG: Note my objection.
25 A. I have been in fine art and jewelry claims
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 since 1987 in various positions and companies over
3 that time line.
4 Q. Prior to working at Berkley Asset
5 Protection did you work somewhere else?
6 A. I owned my own firm called G.J. Smith &
7 Associates.
8 Q. What was G.J. Smith & Associates?
9 A. It was an independent adjusting firm
10 specializing in fine art and jewelers blocks and
11 property claims.
12 Q. When did you start G.J. Smith & Associates?
13 A. 2004.
14 Q. Is G.J. Smith still in existence as of
15 today?
16 A. Yes.
17 Q. Do you still hold a position with that
18 company?
19 A. I don't.
20 Q. When did you leave that company?
21 A. 2008.
22 Q. Do you have any ownership in G.J. Smith &
23 Associates?
24 A. At this time, no.
25 Q. So your specialty is fine arts and jewelry?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 GREGORY J. SMITH
2 A. Yes.
3 Q. How does one become a specialist in fine
4 arts and jewelry?
5 MR. GREENBERG: Note my objection. You can
6 answer.
7 A. Based on the fact that all my career I've
8 only handled only claims in that realm. And I've
9 taken courses at the GIA. I've gone to appraisal
10 courses. I've gone to restoration courses over the
11 years and involvement in many lectures on it.
12 Q. Are you aware of a claim that occurred with
13 L'etoile Royale, Inc.?
14 A. Yes.
15 Q. Do you recall the date of loss?
16 A. I don't.
17 Q. If I say January 15th of 2015, would that
18 refresh your recollection?
19 A. It's around that right time.
20 Q. How did Berkley receive first notice of
21 this loss?
22 A. I believe the first notice was either a
23 phone call or an email from the broker, which was
24 Willis.
25 Q. That would be Willis of New York?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 GREGORY J. SMITH
2 A. Yes.
3 Q. When did you receive the first notice of
4 this loss?
5 A. I would have -- I don't recall the exact.
6 I would have to see my file.
7 Q. Did you bring a copy of your file with you,
8 sir?
9 MR. GREENBERG: No, he did not.
10 We've turned over the file in discovery.
11 MR. WONG: I have it here. There was a
12 series of emails. Can we get this all marked.
13 (Whereupon, eight pages of emails were
14 received and marked as Defendant's Exhibit A for
15 identification, as of this date, by the
16 reporter.)
17 MR. WONG: I would like you to look at what
18 was marked as Plaintiff's Exhibit 1 of today's
19 date. It's a series of emails that your
20 attorney turned over in the discovery exchange.
21 Please take your time and let me know when you
22 are done looking at them.
23 Q. Does this refresh your recollection as to
24 when you personally got notice of this loss?
25 A. Yes. It shows that I got an email on
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 January 21st.
3 Q. Of what year?
4 A. 2015. From Willis of New York, Edward
5 Gueits, at 4:51 p.m.
6 Q. This notice was sent to you directly or
7 someone else?
8 A. It was sent to myself and the underwriter
9 on the account.
10 Q. Do you know why you got this email
11 personally? Wouldn't it go to a claims office
12 first?
13 MR. GREENBERG: Just note my objection.
14 A. No. Most of the claims are reported
15 directly to me.
16 Q. Were there any attachments to this email?
17 A. I don't believe there was.
18 Q. Once you received this email, what did you
19 do next?
20 A. I know I called and spoke to Ed Gueits and
21 we agreed that we would go to the loss location the
22 following morning.
23 Q. Is there a claim number assigned to this
24 loss?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 GREGORY J. SMITH
2 Q. Did you generate that claim number?
3 A. Our system generated the claim number.
4 Q. Is that automatic?
5 A. Yes.
6 Q. Do you have to forward an email to someone
7 to generate that claim number?
8 A. I forwarded to what is called a submissions
9 group. And they create the claim file on our
10 system, which generates the actual claim number.
11 Q. This submission group is located where?
12 A. West Hartford.
13 Q. Does Berkley Asset Protection use any kind
14 of software to maintain their claims?
15 A. Yes.
16 Q. Do you know the name of their software?
17 A. In 2015 I believe it was Claims Works
18 Station. And it got updated to a system called
19 Claim Track.
20 Q. Is that a completely different system?
21 A. Not really. There is just an upgrade and
22 they just called it a different name, because that's
23 what insurance companies do.
24 Q. This system allows you to maintain all of
25 your emails, documents, and everything else?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 GREGORY J. SMITH
2 A. Yes.
3 Q. Does it allow you to access underwriting?
4 A. No.
5 Q. Do you recall the claim number that you
6 received that was assigned to this matter?
7 A. Based on an acknowledgment letter that was
8 sent out the following day, on January 22nd, it was
9 00001291.
10 Q. I think you testified earlier that you made
11 arrangements to visit the loss location on the 22nd
12 of January?
13 A. Yes.
14 Q. Did you go?
15 A. Yes.
16 Q. Do you recall the street address for the
17 loss location?
18 A. 784 Madison Avenue, New York, New York.
19 Q. Did you meet someone there?
20 A. I did.
21 Q. Do you recall who you met?
22 A. I met Edward Gueits.
23 Q. Can you just spell Gueits for me?
24 A. G-U-E-I-T-S. I also met someone else. I'm
25 pretty confident it was the son of the owner.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 Q. Do you recall his name?
3 A. I don't.
4 Q. For want of a better term, would the name
5 Savo refresh your recollection? I cannot pronounce
6 the last name.
7 A. It could have been him. It was him and
8 there was also a person that worked for them.
9 Q. This is the person working for the
10 insured?
11 A. Yes. I'm not sure if he was a security guy
12 or something. There was the son and another human
13 being.
14 Q. It was a man?
15 A. A man.
16 Q. Do you recall what time you went?
17 A. It was in the morning. I think 10:00 a.m.
18 or 11:00.
19 Q. How long did you stay there?
20 A. I was there probably an hour. May have
21 been a little longer. I'm pretty sure it was give
22 or take an hour.
23 Q. Do you recall what you saw the first time
24 you opened the door and walked in?
25 A. I noted that the windows seemed foggy for
DEITZ Court Reporting... A Lexitas Company
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1 GREGORY J. SMITH
2 lack of a better word. I noticed that there was a
3 smell, a musty smell. I could see that there looked
4 to be dripping marks on some of the paintings that
5 were on the walls. And I think there was a wall
6 covering that what looked like there was
7 condensation marks or lines.
8 I don't think any jewelry was out. I don't
9 think anything was on display from a jewelry
10 perspective. I think they were closed. And then
11 ultimately we exited the space and went, I believe,
12 with the super of the building down into the
13 basement.
14 MR. WONG: Let's stop you there.
15 Q. Are you familiar with mitigation
16 equipment --
17 A. Yes.
18 Q. -- such as for water?
19 Did you see any mitigation equipment in the
20 premises when you first went in?
21 A. Not to my recollection.
22 Q. You didn't see a dehumidifiers, fans, or
23 blowers?
24 A. I don't recall.
25 Q. Prior to going to the loss location, did
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 GREGORY J. SMITH
2 you review the policy for insurance for this loss?
3 A. I do not believe I looked at it yet.
4 Q. Did you see any water marks, anywhere else,
5 in this space, other than the paintings and the wall
6 covering?
7 A. All the windows were fogged. So that
8 seemed there was moisture on the windows.
9 Q. Was it hot or cold when you went into the
10 premises?
11 MR. GREENBERG: Just note my objection.
12 What do you mean hot or cold?
13 Q. Have you ever been in a room that was
14 overheated or hotter than normal?
15 MR. GREENBERG: Why don't you ask him what
16 the temperature was.
17 Q. Do you recall what the temperature was in
18 the room?
19 A. I don't recall.
20 Q. This was winter, right?
21 A. Yes.
22 Q. Were you wearing a coat when you walked in?
23 A. I would have been.
24 Q. Did you feel overly warm when you walked
25 into the premises?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 A. I do remember it was warm.
3 Q. Was there any carpet on the floor?
4 A. I don't recall.
5 Q. Was the space divided in any way, shape, or
6 form; meaning, was there more than one room?
7 A. Yeah. There was a front salon area with
8 displays and then there was a rear office.
9 Q. Did you go into both rooms?
10 A. Yes.
11 Q. Were there paintings in the salon area or
12 on any of the walls in the salon area?
13 A. I don't recall if it was in the salon. I
14 remember definitively there were paintings in the
15 office.
16 Q. Do you recall how big the space was?
17 A. Not big.
18 Q. Would it be the size of this room or
19 bigger?
20 A. The salon was probably a little thinner
21 than this space, front to back. And then the office
22 was typical of a small office.
23 Q. Did the office have a door connecting it to
24 the salon?
25 A. I don't recall there was a door.
DEITZ Court Reporting... A Lexitas Company
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February 25, 2019
1 GREGORY J. SMITH
2 Q. It was just an opened space that allowed
3 you to walk into the office?
4 A. I don't recall there was a door.
5 Q. Were there any showcases in the salon?
6 A. Yes.
7 Q. Were they glass or something else?
8 A. I remember a glass big showcase as you
9 walked in straight towards the back.
10 Q. Did that glass look like it was foggy?
11 A. There was a cover over it as I recall.
12 Which is typical for jewelers to put a sheet over
13 their stuff, because sometimes they leave valuable
14 things out. So my recollection was there was a
15 sheet over it that showed signs of moisture.
16 Q. When you got into the back office, do you
17 recall what was inside the office?
18 A. I believe there was a desk, and I think the
19 safe was in the rear office. And then there was art
20 works on the walls. It was a smaller space. So it
21 probably felt warmer just because of physical
22 bodies. Too many bodies for a small space.
23 Q. How many people were in that small space
24 with you?
25 A. It would have been myself, the broker, the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 son of the owner, and I'm not sure if the guard was
3 in that small space.
4 Q. Do you recall how many paintings that you
5 saw hanging on the walls in that office?
6 A. I don't recall the exact amount.
7 Q. Did you see any paintings on the floor or
8 leaning against one of the walls?
9 A. I don't recall.
10 Q. During the course of this initial visit,
11 did you speak to your insured son?
12 A. Yes.
13 Q. What, if anything, did he tell you?
14 A. He told me that they got a call from
15 this -- what I keep terming as a guard. I'm not
16 sure that's what he was. Who said that the windows
17 of the location were fogged up, because I think they
18 either got a call from the alarm company or someone.
19 They sent him over.
20 I believe at that point I -- I don't recall
21 if the son was in Florida or the father was in
22 Florida. Someone was in Florida. I think they have
23 an alternate location in Florida. They
24 eventually -- I think the son was -- the son and
25 this guard were the first ones into the space. And
DEITZ Court Reporting... A Lexitas Company
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1 GREGORY J. SMITH
2 they noted that when they came in it was -- there
3 must have been a steam leak in the building, which
4 affected their premises.
5 Q. Did the son tell you what day he first saw
6 the steam leak?
7 A. I believe that would have been in my report
8 or notes.
9 Q. Did you ever write a report for this loss?
10 A. I would have written notes into our file.
11 Q. In your system would that be called
12 adjuster notes?
13 A. Could be, yeah.
14 MR. WONG: I didn't receive any adjuster
15 notes. I also didn't receive any adjuster
16 reports.
17 MR. GREENBERG: I don't know if there would
18 be an adjuster report.
19 THE WITNESS: There wouldn't a report.
20 MR. GREENBERG: I don't think there would
21 be an adjuster report. I don't recall there
22 being adjuster notes.
23 THE WITNESS: If you want I will check.
24 MR. GREENBERG: We'll check. We didn't
25 have them, but to the extent that they are
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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February 25, 2019
1 GREGORY J. SMITH
2 available, we will produce them.
3 MR. WONG: I follow-up in writing for them.
4 ***INFORMATION TO BE SUPPLIED***
5 MR. GREENBERG: Sure.
6 MR. WONG: Where were we?
7 (The requested portion of the record was
8 read by the reporter.)
9 Q. While you were there, did you take any
10 photographs?
11 A. I did.
12 Q. Are these the photographs that your counsel
13 handed to me this morning?
14 A. Yes.
15 Q. These were taken with a camera or something
16 else?
17 A. My iPhone.
18 Q. I will hand you these to look at right now.
19 I will ask you, were they in any particular order
20 that you took them, and if they were could put them
21 in order?
22 MR. GREENBERG: They probably are not.
23 Q. If you recall, I would just like you to put
24 the photographs that your counsel handed to me in
25 the order you may have taken them to the extent that
DEITZ Court Reporting... A Lexitas Company
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February 25, 2019
1 GREGORY J. SMITH
2 you can remember.
3 A. I think this is right (indicating).
4 MR. WONG: That's understandable. Let's
5 mark this as one.
6 (Whereupon, photographs were received and
7 marked as Defendant's Exhibits B1 thru B9 for
8 identification, as of this date, by the
9 reporter.)
10 MR. WONG: I will show you what was marked
11 as B1, a black and white photograph.
12 Q. Do you know what this photograph is
13 showing?
14 A. I believe it's a radiator from the office
15 of the insured.
16 Q. Did you take that picture, sir?
17 A. I did.
18 Q. Would this be the proper perspective to
19 hold it like this landscape wise (indicating) or
20 should it be this way (indicating)?
21 A. It should be this way I believe
22 (indicating).
23 Q. When you are looking at the photograph the
24 exhibit tab is in the upper left-hand corner?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 GREGORY J. SMITH
2 Q. Why did you take the picture of this,
3 sir?
4 A. The insured stated -- the insured son
5 stated that either this radiator or something below
6 it had ruptured allowing steam to exit.
7 MR. WONG: I will show you what has been
8 marked as B2.
9 Q. B2, looking at it if you are looking the
10 exhibit tab is in the lower left corner; is that
11 correct?
12 A. Yes.
13 Q. This is another photograph of the radiator?
14 A. Yes.
15 Q. Both of these photographs, B1 and B2, were
16 in the office section of the store?
17 A. Yes.
18 Q. Were there any other radiators in the
19 office or space?
20 A. Not in the office that I am aware of, and I
21 don't recall the space.
22 MR. WONG: Let me show you what was marked
23 as Exhibit B3.
24 A. Yes.
25 Q. What is that a photograph of?
DEITZ Court Reporting... A Lexitas Company
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2 A. The showcases with the covers on them.
3 Q. Covers are in the salon area, which you
4 described earlier?
5 A. Yes.
6 Q. Why did you take a picture of this, sir?
7 A. There was signs that there was moisture on
8 these. It looks like a paper cover that they put
9 down or sheets. I can't recall what they were made
10 out of.
11 Q. B4, is that another photograph of the
12 showcases?
13 A. Yes.
14 Q. You took this photograph because?
15 A. It showed signs of moisture.
16 Q. Now, looking at photograph B5. What is
17 that a photograph of?
18 A. I don't recall.
19 Q. The objects in this photograph, were they
20 in the space or the office?
21 A. They were in the basement to the best of my
22 recollection.
23 MR.
Preview
FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Exhibit A FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 1 February 25, 2019 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------X L'ETOILE ROYALE, INC., Plaintiff, -against- CAMPUSTAR (U.S.A.), INC., and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants, INDEX NO.: 158143/2015 ----------------------------------------X STARNET INSURANCE COMPANY as subrogee of L'ETOILE ROYALE, INC., Plaintiff, -against- CAMPUSTAR (U.S.A.), INC., Defendants, INDEX NO.: 159702/2016 ----------------------------------------X 61 Broadway New York, New York February 25, 2019 10:11 a.m. EXAMINATION BEFORE TRIAL of the Plaintiff, STARNET INSURANCE COMPANY, by GREGORY J. SMITH, in the above-entitled action, held at the above time and place, taken before a Notary Public of the State of New York, pursuant to Order and Stipulations between Counsel. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 2 February 25, 2019 1 2 2 A P P E A R A N C E S: 3 ROSNER, NOCERA & RAGONE, LLP. 4 Attorney for Plaintiff STARNET INSURANCE COMPANY as subrogee of 5 L'ETOILE ROYALE, INC., 62 Broadway, Suite 1900 6 New York, New York 10006-2706 7 BY: ELIOT GREENBERG, ESQ. 8 9 BRUCE SOMERSTEIN & ASSOCIATES 10 Attorney for Defendant 11 Seven Penn Plaza New York, New York 10001 12 BY: CHRISTOPHER A. WONG, ESQ. 13 FILE NO.: 17161 CLAIM NO.: PO142625-01 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 3 February 25, 2019 1 3 2 S T I P U L A T I O N S 3 IT IS HEREBY STIPULATED AND AGREED by and 4 between(among) counsel for the respective parties 5 hereto, that: 6 7 All rights provided by the C.P.L.R., 8 including the right to object to any question, 9 except as to form, or to move to strike any 10 testimony at this(these) examinations(s), are 11 reserved, and, in addition, the failure to object to 12 any question or to move to strike any testimony at 13 this(these) examination(s) shall not be a bar or 14 waiver to make such motion at, and is reserved for 15 the trial of this action; 16 17 IT IS FURTHER STIPULATED AND AGREED by and 18 between(among) counsel for the respective parties 19 hereto, that this(these) examinations(s) may be 20 sworn to by the witness(es) being examined, before a 21 Notary Public other than the Notary Public before 22 whom this(these) examination(s) was(were) begun; but 23 the failure to do so, or to return the original of 24 this(these) examinations(s) to counsel, shall not be 25 deemed a waiver of the rights provided by DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 4 February 25, 2019 1 4 2 S T I P U L A T I O N S (Cont'd) 3 Rules 3116 and 3117 of the C.P.L.R., and shall be 4 controlled thereby; 5 6 IT IS FURTHER STIPULATED AND AGREED by and 7 between(among) counsel for the respective parties 8 hereto, that this(these) examinations(s) may be 9 utilized for all purposes as provided by the 10 C.P.L.R; 11 12 IT IS FURTHER STIPULATED AND AGREED by and 13 between(among) counsel for the respective parties 14 hereto, that the filing and certification of the 15 original of this(these) examination(s) shall be and 16 the same hereby are waived; 17 18 IT IS FURTHER STIPULATED AND AGREED by and 19 between(among) counsel for the respective parties 20 hereto, that a copy of the within examination(s) 21 shall be furnished to counsel representing the 22 witness(es) testifying, without charge. 23 24 IT IS FURTHER STIPULATED AND AGREED by and 25 between(among) counsel for the respective parties DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 5 February 25, 2019 1 5 2 S T I P U L A T I O N S (Cont'd) 3 hereto, that all rights provided by the C.P.L.R., 4 and Part 221 of the Uniform Rules for the Conduct of 5 Depositions, including the right to object to any 6 question, except as to form, or to move to strike 7 any testimony at this examination is reserved; and 8 in addition, the failure to object to any question 9 or to move to strike any testimony at this 10 examination shall not be a bar or waiver to make 11 such motion at, and is reserved to, the trial of 12 this action. 13 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 6 February 25, 2019 1 GREGORY J. SMITH 2 G R E G O R Y S M I T H, called as a witness, 3 having been first duly sworn by a Notary Public of 4 the State of New York, was examined and testified as 5 follows: 6 EXAMINATION BY 7 MR. WONG: 8 Q. Please state your name for the record. 9 A. Gregory J. Smith. 10 Q. Please state your address for the record. 11 A. 757 Third Avenue, 10th Floor, New York, New 12 York 10017. 13 MR. WONG: Good morning. My name is 14 Christopher Wong. I'm an attorney with Bruce 15 Somerstein & Associates representing the 16 Defendant in this action. 17 I'm going to be asking you a series of 18 questions concerning an incident that was 19 discovered on or about January 15th of 2015. 20 Before we start though, I would like to do some 21 housekeeping procedures. 22 I received an email this morning, from Mr. 23 Breck Grossman, advising us he was suppose to be 24 here this morning, but due to the fact his plane 25 trip was canceled yesterday evening, he will not DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 7 February 25, 2019 1 GREGORY J. SMITH 2 be attending. We are okay to proceed without 3 him; is that correct? 4 MR. GREENBERG: That is correct. 5 MR. WONG: All right, Mr. Smith. Before we 6 begin, I would like to give you some 7 instructions. 8 First instruction is: Please only answer a 9 question that I ask you. 10 Second, if you do not understand a 11 question, please let me know, and I will 12 rephrase it. 13 If your attorney objects to a question, 14 please let us resolve the objection before you 15 answer it. 16 If you need a break, that's fine, just ask. 17 However, if there is an open question, I do ask 18 that you answer it before we take the break. 19 Q. The address you gave, 757 Third Avenue, 20 what address is that? 21 A. That's my office address. 22 Q. Are you currently employed? 23 A. Yes. 24 Q. Who is your employer? 25 A. Berkley Asset Protection Underwriting DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 8 February 25, 2019 1 GREGORY J. SMITH 2 Managers, LLC. 3 Q. What is Berkley's relation with Starnet 4 Insurance Company? 5 A. We are the underwriting agents for Starnet. 6 Q. What is your position at Berkley Asset? 7 A. Executive Vice President In Charge of 8 Claims. 9 Q. How long have you held that position? 10 A. Eleven years. 11 Q. Back in 2015, you were still the Executive 12 Vice President Of Claims? 13 A. Yes. 14 Q. What is your date of the birth please? 15 A. Xx/xx/64. 16 Q. What is your highest level of education, 17 sir? 18 A. I have a bachelor's in accounting from 19 Niagara University. 20 Q. What year did you get that degree? 21 A. '86. 22 Q. Do you have any special training to be a 23 Executive Vice President Of Claims? 24 MR. GREENBERG: Note my objection. 25 A. I have been in fine art and jewelry claims DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 9 February 25, 2019 1 GREGORY J. SMITH 2 since 1987 in various positions and companies over 3 that time line. 4 Q. Prior to working at Berkley Asset 5 Protection did you work somewhere else? 6 A. I owned my own firm called G.J. Smith & 7 Associates. 8 Q. What was G.J. Smith & Associates? 9 A. It was an independent adjusting firm 10 specializing in fine art and jewelers blocks and 11 property claims. 12 Q. When did you start G.J. Smith & Associates? 13 A. 2004. 14 Q. Is G.J. Smith still in existence as of 15 today? 16 A. Yes. 17 Q. Do you still hold a position with that 18 company? 19 A. I don't. 20 Q. When did you leave that company? 21 A. 2008. 22 Q. Do you have any ownership in G.J. Smith & 23 Associates? 24 A. At this time, no. 25 Q. So your specialty is fine arts and jewelry? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 10 February 25, 2019 1 GREGORY J. SMITH 2 A. Yes. 3 Q. How does one become a specialist in fine 4 arts and jewelry? 5 MR. GREENBERG: Note my objection. You can 6 answer. 7 A. Based on the fact that all my career I've 8 only handled only claims in that realm. And I've 9 taken courses at the GIA. I've gone to appraisal 10 courses. I've gone to restoration courses over the 11 years and involvement in many lectures on it. 12 Q. Are you aware of a claim that occurred with 13 L'etoile Royale, Inc.? 14 A. Yes. 15 Q. Do you recall the date of loss? 16 A. I don't. 17 Q. If I say January 15th of 2015, would that 18 refresh your recollection? 19 A. It's around that right time. 20 Q. How did Berkley receive first notice of 21 this loss? 22 A. I believe the first notice was either a 23 phone call or an email from the broker, which was 24 Willis. 25 Q. That would be Willis of New York? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 11 February 25, 2019 1 GREGORY J. SMITH 2 A. Yes. 3 Q. When did you receive the first notice of 4 this loss? 5 A. I would have -- I don't recall the exact. 6 I would have to see my file. 7 Q. Did you bring a copy of your file with you, 8 sir? 9 MR. GREENBERG: No, he did not. 10 We've turned over the file in discovery. 11 MR. WONG: I have it here. There was a 12 series of emails. Can we get this all marked. 13 (Whereupon, eight pages of emails were 14 received and marked as Defendant's Exhibit A for 15 identification, as of this date, by the 16 reporter.) 17 MR. WONG: I would like you to look at what 18 was marked as Plaintiff's Exhibit 1 of today's 19 date. It's a series of emails that your 20 attorney turned over in the discovery exchange. 21 Please take your time and let me know when you 22 are done looking at them. 23 Q. Does this refresh your recollection as to 24 when you personally got notice of this loss? 25 A. Yes. It shows that I got an email on DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 12 February 25, 2019 1 GREGORY J. SMITH 2 January 21st. 3 Q. Of what year? 4 A. 2015. From Willis of New York, Edward 5 Gueits, at 4:51 p.m. 6 Q. This notice was sent to you directly or 7 someone else? 8 A. It was sent to myself and the underwriter 9 on the account. 10 Q. Do you know why you got this email 11 personally? Wouldn't it go to a claims office 12 first? 13 MR. GREENBERG: Just note my objection. 14 A. No. Most of the claims are reported 15 directly to me. 16 Q. Were there any attachments to this email? 17 A. I don't believe there was. 18 Q. Once you received this email, what did you 19 do next? 20 A. I know I called and spoke to Ed Gueits and 21 we agreed that we would go to the loss location the 22 following morning. 23 Q. Is there a claim number assigned to this 24 loss? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 13 February 25, 2019 1 GREGORY J. SMITH 2 Q. Did you generate that claim number? 3 A. Our system generated the claim number. 4 Q. Is that automatic? 5 A. Yes. 6 Q. Do you have to forward an email to someone 7 to generate that claim number? 8 A. I forwarded to what is called a submissions 9 group. And they create the claim file on our 10 system, which generates the actual claim number. 11 Q. This submission group is located where? 12 A. West Hartford. 13 Q. Does Berkley Asset Protection use any kind 14 of software to maintain their claims? 15 A. Yes. 16 Q. Do you know the name of their software? 17 A. In 2015 I believe it was Claims Works 18 Station. And it got updated to a system called 19 Claim Track. 20 Q. Is that a completely different system? 21 A. Not really. There is just an upgrade and 22 they just called it a different name, because that's 23 what insurance companies do. 24 Q. This system allows you to maintain all of 25 your emails, documents, and everything else? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 14 February 25, 2019 1 GREGORY J. SMITH 2 A. Yes. 3 Q. Does it allow you to access underwriting? 4 A. No. 5 Q. Do you recall the claim number that you 6 received that was assigned to this matter? 7 A. Based on an acknowledgment letter that was 8 sent out the following day, on January 22nd, it was 9 00001291. 10 Q. I think you testified earlier that you made 11 arrangements to visit the loss location on the 22nd 12 of January? 13 A. Yes. 14 Q. Did you go? 15 A. Yes. 16 Q. Do you recall the street address for the 17 loss location? 18 A. 784 Madison Avenue, New York, New York. 19 Q. Did you meet someone there? 20 A. I did. 21 Q. Do you recall who you met? 22 A. I met Edward Gueits. 23 Q. Can you just spell Gueits for me? 24 A. G-U-E-I-T-S. I also met someone else. I'm 25 pretty confident it was the son of the owner. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 15 February 25, 2019 1 GREGORY J. SMITH 2 Q. Do you recall his name? 3 A. I don't. 4 Q. For want of a better term, would the name 5 Savo refresh your recollection? I cannot pronounce 6 the last name. 7 A. It could have been him. It was him and 8 there was also a person that worked for them. 9 Q. This is the person working for the 10 insured? 11 A. Yes. I'm not sure if he was a security guy 12 or something. There was the son and another human 13 being. 14 Q. It was a man? 15 A. A man. 16 Q. Do you recall what time you went? 17 A. It was in the morning. I think 10:00 a.m. 18 or 11:00. 19 Q. How long did you stay there? 20 A. I was there probably an hour. May have 21 been a little longer. I'm pretty sure it was give 22 or take an hour. 23 Q. Do you recall what you saw the first time 24 you opened the door and walked in? 25 A. I noted that the windows seemed foggy for DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 16 February 25, 2019 1 GREGORY J. SMITH 2 lack of a better word. I noticed that there was a 3 smell, a musty smell. I could see that there looked 4 to be dripping marks on some of the paintings that 5 were on the walls. And I think there was a wall 6 covering that what looked like there was 7 condensation marks or lines. 8 I don't think any jewelry was out. I don't 9 think anything was on display from a jewelry 10 perspective. I think they were closed. And then 11 ultimately we exited the space and went, I believe, 12 with the super of the building down into the 13 basement. 14 MR. WONG: Let's stop you there. 15 Q. Are you familiar with mitigation 16 equipment -- 17 A. Yes. 18 Q. -- such as for water? 19 Did you see any mitigation equipment in the 20 premises when you first went in? 21 A. Not to my recollection. 22 Q. You didn't see a dehumidifiers, fans, or 23 blowers? 24 A. I don't recall. 25 Q. Prior to going to the loss location, did DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 17 February 25, 2019 1 GREGORY J. SMITH 2 you review the policy for insurance for this loss? 3 A. I do not believe I looked at it yet. 4 Q. Did you see any water marks, anywhere else, 5 in this space, other than the paintings and the wall 6 covering? 7 A. All the windows were fogged. So that 8 seemed there was moisture on the windows. 9 Q. Was it hot or cold when you went into the 10 premises? 11 MR. GREENBERG: Just note my objection. 12 What do you mean hot or cold? 13 Q. Have you ever been in a room that was 14 overheated or hotter than normal? 15 MR. GREENBERG: Why don't you ask him what 16 the temperature was. 17 Q. Do you recall what the temperature was in 18 the room? 19 A. I don't recall. 20 Q. This was winter, right? 21 A. Yes. 22 Q. Were you wearing a coat when you walked in? 23 A. I would have been. 24 Q. Did you feel overly warm when you walked 25 into the premises? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 18 February 25, 2019 1 GREGORY J. SMITH 2 A. I do remember it was warm. 3 Q. Was there any carpet on the floor? 4 A. I don't recall. 5 Q. Was the space divided in any way, shape, or 6 form; meaning, was there more than one room? 7 A. Yeah. There was a front salon area with 8 displays and then there was a rear office. 9 Q. Did you go into both rooms? 10 A. Yes. 11 Q. Were there paintings in the salon area or 12 on any of the walls in the salon area? 13 A. I don't recall if it was in the salon. I 14 remember definitively there were paintings in the 15 office. 16 Q. Do you recall how big the space was? 17 A. Not big. 18 Q. Would it be the size of this room or 19 bigger? 20 A. The salon was probably a little thinner 21 than this space, front to back. And then the office 22 was typical of a small office. 23 Q. Did the office have a door connecting it to 24 the salon? 25 A. I don't recall there was a door. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 19 February 25, 2019 1 GREGORY J. SMITH 2 Q. It was just an opened space that allowed 3 you to walk into the office? 4 A. I don't recall there was a door. 5 Q. Were there any showcases in the salon? 6 A. Yes. 7 Q. Were they glass or something else? 8 A. I remember a glass big showcase as you 9 walked in straight towards the back. 10 Q. Did that glass look like it was foggy? 11 A. There was a cover over it as I recall. 12 Which is typical for jewelers to put a sheet over 13 their stuff, because sometimes they leave valuable 14 things out. So my recollection was there was a 15 sheet over it that showed signs of moisture. 16 Q. When you got into the back office, do you 17 recall what was inside the office? 18 A. I believe there was a desk, and I think the 19 safe was in the rear office. And then there was art 20 works on the walls. It was a smaller space. So it 21 probably felt warmer just because of physical 22 bodies. Too many bodies for a small space. 23 Q. How many people were in that small space 24 with you? 25 A. It would have been myself, the broker, the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 20 February 25, 2019 1 GREGORY J. SMITH 2 son of the owner, and I'm not sure if the guard was 3 in that small space. 4 Q. Do you recall how many paintings that you 5 saw hanging on the walls in that office? 6 A. I don't recall the exact amount. 7 Q. Did you see any paintings on the floor or 8 leaning against one of the walls? 9 A. I don't recall. 10 Q. During the course of this initial visit, 11 did you speak to your insured son? 12 A. Yes. 13 Q. What, if anything, did he tell you? 14 A. He told me that they got a call from 15 this -- what I keep terming as a guard. I'm not 16 sure that's what he was. Who said that the windows 17 of the location were fogged up, because I think they 18 either got a call from the alarm company or someone. 19 They sent him over. 20 I believe at that point I -- I don't recall 21 if the son was in Florida or the father was in 22 Florida. Someone was in Florida. I think they have 23 an alternate location in Florida. They 24 eventually -- I think the son was -- the son and 25 this guard were the first ones into the space. And DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 21 February 25, 2019 1 GREGORY J. SMITH 2 they noted that when they came in it was -- there 3 must have been a steam leak in the building, which 4 affected their premises. 5 Q. Did the son tell you what day he first saw 6 the steam leak? 7 A. I believe that would have been in my report 8 or notes. 9 Q. Did you ever write a report for this loss? 10 A. I would have written notes into our file. 11 Q. In your system would that be called 12 adjuster notes? 13 A. Could be, yeah. 14 MR. WONG: I didn't receive any adjuster 15 notes. I also didn't receive any adjuster 16 reports. 17 MR. GREENBERG: I don't know if there would 18 be an adjuster report. 19 THE WITNESS: There wouldn't a report. 20 MR. GREENBERG: I don't think there would 21 be an adjuster report. I don't recall there 22 being adjuster notes. 23 THE WITNESS: If you want I will check. 24 MR. GREENBERG: We'll check. We didn't 25 have them, but to the extent that they are DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 22 February 25, 2019 1 GREGORY J. SMITH 2 available, we will produce them. 3 MR. WONG: I follow-up in writing for them. 4 ***INFORMATION TO BE SUPPLIED*** 5 MR. GREENBERG: Sure. 6 MR. WONG: Where were we? 7 (The requested portion of the record was 8 read by the reporter.) 9 Q. While you were there, did you take any 10 photographs? 11 A. I did. 12 Q. Are these the photographs that your counsel 13 handed to me this morning? 14 A. Yes. 15 Q. These were taken with a camera or something 16 else? 17 A. My iPhone. 18 Q. I will hand you these to look at right now. 19 I will ask you, were they in any particular order 20 that you took them, and if they were could put them 21 in order? 22 MR. GREENBERG: They probably are not. 23 Q. If you recall, I would just like you to put 24 the photographs that your counsel handed to me in 25 the order you may have taken them to the extent that DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 23 February 25, 2019 1 GREGORY J. SMITH 2 you can remember. 3 A. I think this is right (indicating). 4 MR. WONG: That's understandable. Let's 5 mark this as one. 6 (Whereupon, photographs were received and 7 marked as Defendant's Exhibits B1 thru B9 for 8 identification, as of this date, by the 9 reporter.) 10 MR. WONG: I will show you what was marked 11 as B1, a black and white photograph. 12 Q. Do you know what this photograph is 13 showing? 14 A. I believe it's a radiator from the office 15 of the insured. 16 Q. Did you take that picture, sir? 17 A. I did. 18 Q. Would this be the proper perspective to 19 hold it like this landscape wise (indicating) or 20 should it be this way (indicating)? 21 A. It should be this way I believe 22 (indicating). 23 Q. When you are looking at the photograph the 24 exhibit tab is in the upper left-hand corner? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 24 February 25, 2019 1 GREGORY J. SMITH 2 Q. Why did you take the picture of this, 3 sir? 4 A. The insured stated -- the insured son 5 stated that either this radiator or something below 6 it had ruptured allowing steam to exit. 7 MR. WONG: I will show you what has been 8 marked as B2. 9 Q. B2, looking at it if you are looking the 10 exhibit tab is in the lower left corner; is that 11 correct? 12 A. Yes. 13 Q. This is another photograph of the radiator? 14 A. Yes. 15 Q. Both of these photographs, B1 and B2, were 16 in the office section of the store? 17 A. Yes. 18 Q. Were there any other radiators in the 19 office or space? 20 A. Not in the office that I am aware of, and I 21 don't recall the space. 22 MR. WONG: Let me show you what was marked 23 as Exhibit B3. 24 A. Yes. 25 Q. What is that a photograph of? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 05/23/2019 12:16 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/23/2019 Page 25 February 25, 2019 1 GREGORY J. SMITH 2 A. The showcases with the covers on them. 3 Q. Covers are in the salon area, which you 4 described earlier? 5 A. Yes. 6 Q. Why did you take a picture of this, sir? 7 A. There was signs that there was moisture on 8 these. It looks like a paper cover that they put 9 down or sheets. I can't recall what they were made 10 out of. 11 Q. B4, is that another photograph of the 12 showcases? 13 A. Yes. 14 Q. You took this photograph because? 15 A. It showed signs of moisture. 16 Q. Now, looking at photograph B5. What is 17 that a photograph of? 18 A. I don't recall. 19 Q. The objects in this photograph, were they 20 in the space or the office? 21 A. They were in the basement to the best of my 22 recollection. 23 MR.