Preview
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019
Exhibit H
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019
Page 1
, June 27, 2018
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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L'ETOILE ROYALE, INC.,
Plaintiff,
-against- Action No. 1
CAMPUSTAR (U.S.A.), INC., and
DOUGLAS ELLIMAN PROPERTY MANAGEMENT,
Defendants.
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STARNET INSURANCE COMPANY as subrogee
of L'ETOILE ROYALE, INC.,
Plaintiff,
• -against-
CAMPUSTAR (U.S.A.), INC.,
Defendant.
Action No. 2
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360 Lexington Avenue
New York, New York
June 27, 2018
11:05 a.m.
EXAMINATION BEFORE TRIAL of L'ETOILE ROYALE,
INC., the Plaintiff herein in Action No.1, by
GARBIS DOGRAMACIYAN, taken by the Defendant,
before a Notary Public of the State of New York,
pursuant to Order .
. '
DEITZ Court Reporting ... A Lexitas Company
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A P pea ran c e s :
GROSS MAN & GROSSMAN , P . C .
2
4 At to rn e y s f or Plai n tiff
L'ETOILE ROYA LE, I NC . in Action 1
5 360 Le x ingt o n Av enu e , 12th Floor
New York, Ne w Yo rk 1 00 1 7
6
BY: BRETT M. GROSSMAN, ESQ.
7
8 BRUCE SOMERSTEIN & ASSO CIATES, P.C.
Attorneys f o r Defendants in Actions 1 & 2
9 Seven Penn Plaza, Suite 420
New York, New York 10 0 01
10
•
BY: CHRISTOPHER A. WONG, ESQ .
11 DAVID T. CICOTTE, ESQ.
12
13
14 IT IS HEREBY STIPULATED AND AGREED by
15 and between the attorneys for the respective
16 parties hereto that all rights provided by the
17 C.P.L.R., including the right to object to any
18 question, except as to form, or to move to strike
19 any testimony at this examination are reserved;
20 and, in addition, the failure to object to any
21 question, or move to strike any testimony at this
22 examination, shall not be a bar or waiver to make
23 such motion at, and is reserved for, the trial of
24 this action.
25 IT IS FURTHER STIPULATED AND AGREED that
• DEITZ Court Reporting ... A Lexitas Company
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2 this examination may be sworn to by the witness
3 being examined before a Notary Public other than
4 the Notary Public before whom this examination
5 was begun, but the failure to do so, or to return
6 the original of this examination to counsel,
7 shall not be deemed waiver of the rights provided
8 by Rule 3116 and 3117 of the C.P.L.R., and shall
9 be controlled thereby.
10 IT IS FURTHER STIPULATED AND AGREED that
11 the filing and certification of the original of
12 this examination is waived.
•
13 IT IS FURTHER STIPULATED AND AGREED by and
14 between the attorneys for the respective parties
15 hereto that a copy of this examination shall be
16 furnished to the attorneys for said witness,
17 without charge.
18
19
20
21
22
23
24
25
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1 4
2 MR . WONG: I just want ed to let you
3 kn o w t h a t we r eceive d a n e - ma il from Hillary
4 S co tt fr o m the att o rn e ys f o r the co-plain-
5 tiff, StarN e t Insurance. She is not attend-
6 ing today's deposition.
7 000
8 GAR B I S DOG RAM A C I Y A N
9 having been duly sworn by a Notary Public
10 of the State of New York, was examined and
11 testified as follows:
12 EXAMINATION BY
•
13 MR. WONG:
14 Q State your name and address for the
15 record, please.
16 A Garbis Dogramaciyan, 784 Madison Ave-
17 nue, New York, New York 10065.
18 MR. WONG: Good morning, sir. My
19 name is Christopher Wong. I'm an attorney
20 with Bruce Somerstein & Associates. I'm go-
21 ing to be asking you some questions concern-
22 ing an incident that
23 THE WITNESS: Can I have his business
24 card? No?
25 MR. WONG: I can give you one, sir,
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no problem.
G.
(Handing.)
Dogramaciyan 5
4 THE WITNESS: Thank yo u.
5 MR. WONG: You're welcome.
6 Again, my name is Christopher Wong.
7 I'm an attorney with Bruce Somerstein & As-
8 sociates. I'm representing the defendants
9 Campustar and Douglas Elliman Property Man-
10 agement in a lawsuit that was filed by
11 L'Etoile Royale concerning an incident that
12 occurred on or about January 20th of 2015.
•
13 I'm going to give you some instruc-
14 tions before I begin my questions and I hope
15 you understand these instructions.
16 The first is, as you can see, we have
17 a court reporter who will be taking down the
18 questions that I ask and the answers that
19 you give. Your answers, therefore, have to
20 be verbal in nature, you can't shake with a
21 nod of your head or say uh-huh, uh-uh, be-
22 cause we're trying to create a record for
23 the court.
24 Okay?
25 THE WITNESS: Yes.
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G.
MR. WONG:
Dogramaciyan
THE WITNESS:
Do you unders tand?
Okay.
6
4 MR. WONG: I also ask tha t yo u wa it
5 for my question to be completed b e fore y o u
6 give your answer. Sometimes my questions
7 are readily apparently as to what I'm ask-
8 ing. The court reporter can only type when
9 one person is speaking at a time, all right?
10 If you do not understand a question,
11 please let me know and I will rephrase it.
12 If your attorney objects to a question,
•
13 please wait till we resolve the objection
14 before you answer the question.
15 If you need a break, that's fine,
16 just let me know. However, if there is an
17 open ques t ion pending, I do ask tha t you
18 answer the question first before you take
19 that break. I am going to assume that if
20 you answer question, that you understood it.
21 Is that understood?
22 THE WITNESS: Yes.
23 MR. WONG: Thank you.
24 Q Mr. Dogramaciyan -- did I pronounce
25 that correctly?
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A
Q
G. Do gr amac iy a n
Ex celle n t .
Thank you .
7
4 What is y o ur r e lati o nship with
5 L'Etoile Ro yale, Inc.?
6 A Owner.
7 Q Is L' Etoile Royale, Inc., a corpora-
8 tion or something else?
9 A Corporation, yes, Inc., yes.
10 Q Is it a public or a privately-traded
11 c o rporation?
12 A Private.
•
13 Q How many shareholders does it have?
14 A Only me, my wife.
15 Q You and your wife are the only share-
16 holders?
17 A Yes.
18 Q What is your wife's name?
19 A Julia.
20 Q Same last name?
21 A Dogramaciyan.
22 Q Same last name as yours .
23 A Yes.
24 Q Okay, thank you.
25 How many shares do you each own?
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2 A Hundred p e rcent.
3 Q You
4 A I'm n o t sur e that my wife, she's in
5 the, in the I think It m, I'm -- only on my
6 nam e , s o rry.
7 Q So you're the only shareholder?
8 A Yes, hundred percent. It's long time
9 ago.
10 Q Do you have any titles related to
11 L'Etoile Royale?
12 A President.
•
13 Q Do you have any other titles?
14 A No.
15 Q Does L'Etoile Royale have any other
16 corporate officers besides president?
17 A No.
18 Q There's no secretary, treasurer or
19 anything like that?
20 A No.
21 Q On or about July 20th of 2015, did
22 L'Etoile Royale have any employees?
23 A July?
24 Q I'm sorry, January 20th, 2015, did
25 L'Etoile Royale have any employees?
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A
Q
My son.
G. Dogramaciyan
And what is your son's name?
9
4 A Sevan. S-E-V-A-N. S-E--
5 Q S-E?
6 A E-V-A-N.
7 Q Same last name?
8 A Same last name.
9 Q Is your son a full-time employee or
10 something else?
11 A Full-time.
12 Q Does your son receive a weekly wage
13 payment?
14 A Monthly.
15 Q So back in January of 2015, were you
16 and your son the only employees?
17 A Yes .
18 Q Back in July of 2015, where was
19 L'Etoile Royale located?
20 A 784 Madison Avenue, New York, New
21 York 10065.
22 Q Did you have any other locations back
23 in January of 2015?
24 A No. I, I also in, in, in, in Palm
25 Beach, but different corporation. L'Etoile
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2 Royale is onl y Ne w Yor k Cit y.
3 Q f ine, sir, t h a nk y ou very much.
4 And h o w l o ng has L'Et o ile Royale been
5 at that location?
6 A I believe eight years.
7 Q Eight years?
8 A Eight years.
9 Q As of today's date you've been there
10 eight years?
11 A I'm telling you approximately. I
12 should look the -- my, uh --
•
13 Q We'll get there, sir .
14 A My lease, my lease.
15 Q Mr. Dogramaciyan, if you don't know
16 the answer to a question, I don't want you to
17 guess, just tell me that you don't know or don't
18 remember, okay? And then --
19 A Around eight years ago.
20 Q -- and then we'll try and figure
21 something out to refresh your recollection, okay?
22 A That one is a record .
23 Q Your location at 784 Madison Avenue,
24 is that a ground floor premises or somewhere else
25 in the building?
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A
Q
G. Dogramaciyan
It's ground floor.
Are you part of a larger building?
11
4 A Yes.
5 Q And what's the address for that larg-
6 er building?
7 A 790 Madison Avenue.
8 Q Do you own or lease?
9 A Lease.
10 Q Do you know the name of your land-
11 lord?
12 A Yes, Campustar USA, something like
•
13 that, yeah.
14 Q Is there a property manager?
15 A No. I mean, say it again?
16 Q Is there a property manager for your
17 building?
18 A Yes, Douglas Elliman.
19 Q Do you know the individual at Douglas
20 Elliman that is the property manager back on Jan-
21 uary of 20l5?
22 A You mean the building manager or --
23 Q The property manager for the build-
24 ing, do you know who that is?
25 A Leo. Leo is the super of the build-
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ing.
Q Leo?
G. Dogramac i yan
Oka y.
12
4 A Le o . I d on ' t r e me mbe r. I have the
5 file, the fami l y nam e . I don't r e member family
6 name.
7 Q Is there anyone else that you know as
8 to be the building representative back in January
9 of 20l5?
10 A Gary Dana, Do uglas Elliman guy that I
11 sign the lease with him.
12 MR. WONG: I'd like this marked as
•
13 Defendant's Exhibit A.
14 (Lease was marked Defendant's Exhibit
15 A for Identification.)
16 Q I have a 14-page document that's been
17 marked as Defendant's Exhibit A, it's double-
18 sided . Sir, can you please look at that?
19 A Yeah.
20 MR. GROSSMAN: I know what it is.
21 Let him ask you questions about that.
22 Q I just want you to look at that docu-
23 ment?
24 A Yes.
25 Q Tell me when you're done looking at
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1 G. Dog r amaciya n 13
2 all th e page s.
3 A Say it a gai n ?
4 Q Can y o u t e ll wh e n y o u're done after
5 you've l oo ke d at it?
6 A I can't read anything here.
7 Q Please bear in mind that it is dou-
8 ble-sided.
9 A I can't read this.
10 MR. GROSSMAN: Off the record.
11 (Discussion off the record.)
12 Q What is Defendant's Exhibit A, sir?
•
13 A I don't understand you. Say it
14 again?
15 Q Do you recognize that document?
16 A Yes.
17 Q And what is it?
18 A Lease.
19 Q Is this the lease that you have --
20 A Yes.
21 Q -- between L'Etoi1e and the defendant
22 Campustar?
23 A Yes. 2009 though, right?
24 Q For the record, the lease was entered
25 in on July 23rd of 2009. Does that sound correct
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2 as to when you entered into the l e ase?
3 A Yes.
4 Q When you entered into this lease back
5 in 2009, sir, did you read it?
6 A Sure, with my lawyers.
7 Q Who were your lawyers back in 2009?
8 A Her name should be on the lease. Let
9 me
10 Q It was a woman, sir?
11 A Woman.
12 Q So if you don't remember who it is,
•
13 we'll leave a space in the transcript --
14 A I don't remember. I don't remember
15 the name right now.
16 MR. WONG: Okay. We'll leave a space
17 in the transcript, so when you get the tran-
18 script for your review, you can always in-
19 sert it in at that time .
20 Is that all right, counselor?
21 MR. GROSSMAN: It is.
22
23 Q Sir, I'm going to be showing you the
24 fourth page of the lease, if you could look at
25 that . This is the signature page on the lease.
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G. Dogramaciyan
Do you recognize any of the signatures on that
lease?
15
4 A It's my signature (indicating), yes.
5 MR. WONG: Let the record reflect
6 that the defendant has recognized his signa-
7 ture.
8 MR. GROSSMAN: You said the defen-
9 dant.
10 MR. WONG: I'm sorry, plaintiff.
11 Q Sir, what was the nature of
12 L'Etoile's business back in January of 2015, what
•
13 did you do?
14 A We sell high-end jewelry and very
15 high-end stuff, merchandise. Arts, art.
16 Q What kind of jewelry did you sell?
17 A Mostly vintage jewelry.
18 Q Would that be like rings, bracelets,
19 necklaces, or anything else like that?
20 A Yes.
21 Q Were you open to the public?
22 A Yes.
23 Q So anybody off the street could just
24 walk in and buy things?
25 A Sure.
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Q
A
G. Dogramaciyan
You also stated that you sell art?
Yes.
16
4 Q What kind of art did you sell?
5 A Any art. Paintings, box.
6 Q What do you mean by box?
7 A Snuff boxes, cigarette boxes.
8 Q Back in 2015, can you describe the
9 layout of your store? When a person walks into
10 your store, what do they see first?
11 A First they see the jewelry.
12 Q Is the jewelry in showcases or --
•
13 A Showcases, yes.
14 Q How wide is your store?
15 A You have all the details, uh, in
16 the I don't remember. I mean, 14 inch 14
17 foot.
18 Q Fourteen feet wide?
19 A Yeah. You have in the lease.
20 MR. GROSSMAN: Off the record.
21 (Discussion off the record.)
22 A Approximately 14 inches. Uh, foot.
23 Q Fourteen feet.
24 A Feet.
25 Q Is your space divided into separate
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rooms?
A Yes .
G. Dogramaciyan 17
4 Q How many r o o ms is i t div ided int o ?
5 A Tw o r o oms.
6 Q Do y o u have a mezzanine?
7 A No.
8 Q The two rooms, is o ne a showroom and
9 one an office?
10 A The second room. The first room is
11 the jewelry and the second room, it's an office
12 and the paintings and the bronzes.
•
13 Q You said bronzes?
14 A Bronze and paintings .
15 Q When you say bronzes, are you refer-
16 ring to sculptures or something else?
17 A Sculpture, yes.
18 Q Let's go back to the front room where
19 you have your jewelry. You said you had them in
20 showcases. How many showcases do you have?
21 A Five.
22 Q Are they table high or higher?
23 A No, higher tables (indicating). Two
24 tables (indicating), yes.
25 Q Are they against the wall or in the
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2 middle of the room?
3 A Showcases against the wa ll, but the
4 other two showcases, it's on the f loo r .
5 Q The front room, the walls in th e
6 front room, did you have any coverings on th o se
7 walls or were they just painted?
8 A Painted.
9 Q Did you have any artwork hanging from
10 the walls in the front room?
11 MR. GROSSMAN: When?
12 MR. WONG: Back in 2015, January.
13 A Maybe one paintings, one painting,
14 and the bronze, yes .
15 Q When you walked into the showroom,
16 facing from the front, was the painting on the
17 left or the right side?
18 A Right side.
19 Q Do you recall which painting you had
20 in the front room?
21 A Renoir.
22 Q Was that painting closer to the
23 front, middle or towards the back of the room?
24 A Middle.
25 Q If a customer came into the room,
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G. Dogramaciyan
could they walk up to the painting?
A There is no painting right now.
19
4 Q I know. Back in January of 2015,
5 if
6 A They see the paintings, yes.
7 Q Could they come up and touch it?
8 A No, they cannot touch it.
9 Q Is that because there was something
10 in front of it?
11 A No, we don't let touch.
12 Q The second room that you have, that's
•
13 towards the back of the store?
14 A Yes.
15 Q Do you recall how big that room is,
16 back in 2015?
17 A It's around one-third of the store.
18 Q Is that room just as wide as the
19 front?
20 A Same, same size.
21 Q So it's two-thirds is the front and
22 one-third is the back?
23 A Yeah. But there is no door between
24 these two.
25 Q There's no door.
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3 eating)
A No door,
G. Dogramaciyan
it's open, side open (indi-
20
4 Q So there's a hallway on one side and
5 you walk in or something else?
6 A There's one wall (indicating), and
7 open this side (indicating). Because in front of
8 this wall (indicating) there's a showcase, large,
9 high showcase.
10 Q But there is a wall behind the show-
11 case.
12 A There's a wall showcase, yes.
And in the back room, in January of
•
13 Q
14 2015, what was inside of that room? And I'm ask-
15 ing you to
16 A Paintings.
17 Q -- to detail everything in there.
18 Was there a desk?
19 A Desk.
20 Q Were there chairs?
21 A One chair, two chairs. Yes, two
22 chairs.
23 Q Two chairs. You had also paintings?
24 A Paintings.
25 Q Any other artwork?
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A
Q
G. Dogramaciyan
Bronz es .
When y ou closed for th e night, what
21
4 did you do with yo u r jew e lry ?
5 A We put o n the saf e .
6 Q And where is the safe located?
7 A The end of the store.
8 Q In the back room?
9 A In the back room.
10 Q Did you have, in January of 2015, an
11 alarm company or a security company?
12 A Always.
•
13 Q Do you recall the name of that secur-
14 ity company?
15 A The alarm company you mean?
16 Q Yes.
17 A ADT. That time it was ADT.
18 Q Do you recall what kind of alarm sys-
19 tern you had back in January of 2015?
20 A There is -- insurance requested the
21 alarm that we have.
22 Q Okay. I'm asking you, sir, if you
23 recall if the alarm system was simply a breaking
24 and entering alarm, did it also have a fire or
25 police alert or anything like that?
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2 A Ev e rythin g in clu din g. Jewel ry co m-
3 pany, th ey r e q ue st e d alar m syst e m f or je we l ry
4 store and we had everything.
5 MR. WONG: Counselor, did yo u pr o vide
6 us with a copy of the alarm company informa-
7 tion?
8 MR. GROSSMAN: Off the rec o rd for a
9 second?
10 (Discussion off the record.)
11 MR. WONG: We were off the record.
12 Couns e lor for the plaintiff has agreed to
•
13 look into alarm records for the name of the
14 company and also to provide a copy of the
15 contract. I'll follow up in writing with
16 these requests at the end of the deposition,
17 okay?
IS Q Back in January of 2015, how was your
19 space heated?
20 A 790 building, it's a huge building,
21 huge building, corner, and all this building's
22 heatings was under my gallery. No insulation,
23 nothing. Very naive, very primitive, maybe 35,
24 40 years old. Was under my gallery, and we feel
25 the heating. When we walk also, the floor was
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NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019
Page 23
Jun e 27 , 20 18
1 G. Dogramaciyan 23
2 heat, because of this --
3 Q Excuse me, sir? I was as king spec i f -
4 ically how was your space heated, n ot th e build-
5 ing.
6 A Okay, I'm telling you. Because of
7 this, this -- we shut off the valve, we don't
8 want -- we requested -- we didn't requested any
9 heat from the building.
10 MR . GROSSMAN: Okay, but he's asking
11 what was the kind of heat that you could
12 have had.
13 THE WITNESS : Oh.
14 A The, the steam, hot
15 MR. GROSSMAN: Let him follow up.
16 A Steam,
Preview
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Exhibit H FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 1 , June 27, 2018 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------x L'ETOILE ROYALE, INC., Plaintiff, -against- Action No. 1 CAMPUSTAR (U.S.A.), INC., and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants. ---------------------------------------x STARNET INSURANCE COMPANY as subrogee of L'ETOILE ROYALE, INC., Plaintiff, • -against- CAMPUSTAR (U.S.A.), INC., Defendant. Action No. 2 ---------------------------------------x 360 Lexington Avenue New York, New York June 27, 2018 11:05 a.m. EXAMINATION BEFORE TRIAL of L'ETOILE ROYALE, INC., the Plaintiff herein in Action No.1, by GARBIS DOGRAMACIYAN, taken by the Defendant, before a Notary Public of the State of New York, pursuant to Order . . ' DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 2 June 27 , 2018 • 1 2 3 A P pea ran c e s : GROSS MAN & GROSSMAN , P . C . 2 4 At to rn e y s f or Plai n tiff L'ETOILE ROYA LE, I NC . in Action 1 5 360 Le x ingt o n Av enu e , 12th Floor New York, Ne w Yo rk 1 00 1 7 6 BY: BRETT M. GROSSMAN, ESQ. 7 8 BRUCE SOMERSTEIN & ASSO CIATES, P.C. Attorneys f o r Defendants in Actions 1 & 2 9 Seven Penn Plaza, Suite 420 New York, New York 10 0 01 10 • BY: CHRISTOPHER A. WONG, ESQ . 11 DAVID T. CICOTTE, ESQ. 12 13 14 IT IS HEREBY STIPULATED AND AGREED by 15 and between the attorneys for the respective 16 parties hereto that all rights provided by the 17 C.P.L.R., including the right to object to any 18 question, except as to form, or to move to strike 19 any testimony at this examination are reserved; 20 and, in addition, the failure to object to any 21 question, or move to strike any testimony at this 22 examination, shall not be a bar or waiver to make 23 such motion at, and is reserved for, the trial of 24 this action. 25 IT IS FURTHER STIPULATED AND AGREED that • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 3 June 27, 2018 1 3 2 this examination may be sworn to by the witness 3 being examined before a Notary Public other than 4 the Notary Public before whom this examination 5 was begun, but the failure to do so, or to return 6 the original of this examination to counsel, 7 shall not be deemed waiver of the rights provided 8 by Rule 3116 and 3117 of the C.P.L.R., and shall 9 be controlled thereby. 10 IT IS FURTHER STIPULATED AND AGREED that 11 the filing and certification of the original of 12 this examination is waived. • 13 IT IS FURTHER STIPULATED AND AGREED by and 14 between the attorneys for the respective parties 15 hereto that a copy of this examination shall be 16 furnished to the attorneys for said witness, 17 without charge. 18 19 20 21 22 23 24 25 DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 4 June 27, 2018 1 4 2 MR . WONG: I just want ed to let you 3 kn o w t h a t we r eceive d a n e - ma il from Hillary 4 S co tt fr o m the att o rn e ys f o r the co-plain- 5 tiff, StarN e t Insurance. She is not attend- 6 ing today's deposition. 7 000 8 GAR B I S DOG RAM A C I Y A N 9 having been duly sworn by a Notary Public 10 of the State of New York, was examined and 11 testified as follows: 12 EXAMINATION BY • 13 MR. WONG: 14 Q State your name and address for the 15 record, please. 16 A Garbis Dogramaciyan, 784 Madison Ave- 17 nue, New York, New York 10065. 18 MR. WONG: Good morning, sir. My 19 name is Christopher Wong. I'm an attorney 20 with Bruce Somerstein & Associates. I'm go- 21 ing to be asking you some questions concern- 22 ing an incident that 23 THE WITNESS: Can I have his business 24 card? No? 25 MR. WONG: I can give you one, sir, DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 5 June 27, 2018 • 1 2 3 no problem. G. (Handing.) Dogramaciyan 5 4 THE WITNESS: Thank yo u. 5 MR. WONG: You're welcome. 6 Again, my name is Christopher Wong. 7 I'm an attorney with Bruce Somerstein & As- 8 sociates. I'm representing the defendants 9 Campustar and Douglas Elliman Property Man- 10 agement in a lawsuit that was filed by 11 L'Etoile Royale concerning an incident that 12 occurred on or about January 20th of 2015. • 13 I'm going to give you some instruc- 14 tions before I begin my questions and I hope 15 you understand these instructions. 16 The first is, as you can see, we have 17 a court reporter who will be taking down the 18 questions that I ask and the answers that 19 you give. Your answers, therefore, have to 20 be verbal in nature, you can't shake with a 21 nod of your head or say uh-huh, uh-uh, be- 22 cause we're trying to create a record for 23 the court. 24 Okay? 25 THE WITNESS: Yes. • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 6 June 27 , 2018 • 1 2 3 G. MR. WONG: Dogramaciyan THE WITNESS: Do you unders tand? Okay. 6 4 MR. WONG: I also ask tha t yo u wa it 5 for my question to be completed b e fore y o u 6 give your answer. Sometimes my questions 7 are readily apparently as to what I'm ask- 8 ing. The court reporter can only type when 9 one person is speaking at a time, all right? 10 If you do not understand a question, 11 please let me know and I will rephrase it. 12 If your attorney objects to a question, • 13 please wait till we resolve the objection 14 before you answer the question. 15 If you need a break, that's fine, 16 just let me know. However, if there is an 17 open ques t ion pending, I do ask tha t you 18 answer the question first before you take 19 that break. I am going to assume that if 20 you answer question, that you understood it. 21 Is that understood? 22 THE WITNESS: Yes. 23 MR. WONG: Thank you. 24 Q Mr. Dogramaciyan -- did I pronounce 25 that correctly? • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 7 June 27, 2018 • 1 2 3 A Q G. Do gr amac iy a n Ex celle n t . Thank you . 7 4 What is y o ur r e lati o nship with 5 L'Etoile Ro yale, Inc.? 6 A Owner. 7 Q Is L' Etoile Royale, Inc., a corpora- 8 tion or something else? 9 A Corporation, yes, Inc., yes. 10 Q Is it a public or a privately-traded 11 c o rporation? 12 A Private. • 13 Q How many shareholders does it have? 14 A Only me, my wife. 15 Q You and your wife are the only share- 16 holders? 17 A Yes. 18 Q What is your wife's name? 19 A Julia. 20 Q Same last name? 21 A Dogramaciyan. 22 Q Same last name as yours . 23 A Yes. 24 Q Okay, thank you. 25 How many shares do you each own? • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 8 June 27, 2018 1 G. Dog ramaciyan 8 2 A Hundred p e rcent. 3 Q You 4 A I'm n o t sur e that my wife, she's in 5 the, in the I think It m, I'm -- only on my 6 nam e , s o rry. 7 Q So you're the only shareholder? 8 A Yes, hundred percent. It's long time 9 ago. 10 Q Do you have any titles related to 11 L'Etoile Royale? 12 A President. • 13 Q Do you have any other titles? 14 A No. 15 Q Does L'Etoile Royale have any other 16 corporate officers besides president? 17 A No. 18 Q There's no secretary, treasurer or 19 anything like that? 20 A No. 21 Q On or about July 20th of 2015, did 22 L'Etoile Royale have any employees? 23 A July? 24 Q I'm sorry, January 20th, 2015, did 25 L'Etoile Royale have any employees? DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 9 June 27, 2018 • 1 2 3 A Q My son. G. Dogramaciyan And what is your son's name? 9 4 A Sevan. S-E-V-A-N. S-E-- 5 Q S-E? 6 A E-V-A-N. 7 Q Same last name? 8 A Same last name. 9 Q Is your son a full-time employee or 10 something else? 11 A Full-time. 12 Q Does your son receive a weekly wage 13 payment? 14 A Monthly. 15 Q So back in January of 2015, were you 16 and your son the only employees? 17 A Yes . 18 Q Back in July of 2015, where was 19 L'Etoile Royale located? 20 A 784 Madison Avenue, New York, New 21 York 10065. 22 Q Did you have any other locations back 23 in January of 2015? 24 A No. I, I also in, in, in, in Palm 25 Beach, but different corporation. L'Etoile • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 10 June 27, 2018 1 G. Dog r a mac i yan 10 2 Royale is onl y Ne w Yor k Cit y. 3 Q f ine, sir, t h a nk y ou very much. 4 And h o w l o ng has L'Et o ile Royale been 5 at that location? 6 A I believe eight years. 7 Q Eight years? 8 A Eight years. 9 Q As of today's date you've been there 10 eight years? 11 A I'm telling you approximately. I 12 should look the -- my, uh -- • 13 Q We'll get there, sir . 14 A My lease, my lease. 15 Q Mr. Dogramaciyan, if you don't know 16 the answer to a question, I don't want you to 17 guess, just tell me that you don't know or don't 18 remember, okay? And then -- 19 A Around eight years ago. 20 Q -- and then we'll try and figure 21 something out to refresh your recollection, okay? 22 A That one is a record . 23 Q Your location at 784 Madison Avenue, 24 is that a ground floor premises or somewhere else 25 in the building? • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 11 June 27, 2018 • 2 1 3 A Q G. Dogramaciyan It's ground floor. Are you part of a larger building? 11 4 A Yes. 5 Q And what's the address for that larg- 6 er building? 7 A 790 Madison Avenue. 8 Q Do you own or lease? 9 A Lease. 10 Q Do you know the name of your land- 11 lord? 12 A Yes, Campustar USA, something like • 13 that, yeah. 14 Q Is there a property manager? 15 A No. I mean, say it again? 16 Q Is there a property manager for your 17 building? 18 A Yes, Douglas Elliman. 19 Q Do you know the individual at Douglas 20 Elliman that is the property manager back on Jan- 21 uary of 20l5? 22 A You mean the building manager or -- 23 Q The property manager for the build- 24 ing, do you know who that is? 25 A Leo. Leo is the super of the build- • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 12 June 27, 2018 • 2 3 1 ing. Q Leo? G. Dogramac i yan Oka y. 12 4 A Le o . I d on ' t r e me mbe r. I have the 5 file, the fami l y nam e . I don't r e member family 6 name. 7 Q Is there anyone else that you know as 8 to be the building representative back in January 9 of 20l5? 10 A Gary Dana, Do uglas Elliman guy that I 11 sign the lease with him. 12 MR. WONG: I'd like this marked as • 13 Defendant's Exhibit A. 14 (Lease was marked Defendant's Exhibit 15 A for Identification.) 16 Q I have a 14-page document that's been 17 marked as Defendant's Exhibit A, it's double- 18 sided . Sir, can you please look at that? 19 A Yeah. 20 MR. GROSSMAN: I know what it is. 21 Let him ask you questions about that. 22 Q I just want you to look at that docu- 23 ment? 24 A Yes. 25 Q Tell me when you're done looking at • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 13 June 27, 2018 1 G. Dog r amaciya n 13 2 all th e page s. 3 A Say it a gai n ? 4 Q Can y o u t e ll wh e n y o u're done after 5 you've l oo ke d at it? 6 A I can't read anything here. 7 Q Please bear in mind that it is dou- 8 ble-sided. 9 A I can't read this. 10 MR. GROSSMAN: Off the record. 11 (Discussion off the record.) 12 Q What is Defendant's Exhibit A, sir? • 13 A I don't understand you. Say it 14 again? 15 Q Do you recognize that document? 16 A Yes. 17 Q And what is it? 18 A Lease. 19 Q Is this the lease that you have -- 20 A Yes. 21 Q -- between L'Etoi1e and the defendant 22 Campustar? 23 A Yes. 2009 though, right? 24 Q For the record, the lease was entered 25 in on July 23rd of 2009. Does that sound correct DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 14 June 27, 2018 1 G. Dogramaciyan 14 2 as to when you entered into the l e ase? 3 A Yes. 4 Q When you entered into this lease back 5 in 2009, sir, did you read it? 6 A Sure, with my lawyers. 7 Q Who were your lawyers back in 2009? 8 A Her name should be on the lease. Let 9 me 10 Q It was a woman, sir? 11 A Woman. 12 Q So if you don't remember who it is, • 13 we'll leave a space in the transcript -- 14 A I don't remember. I don't remember 15 the name right now. 16 MR. WONG: Okay. We'll leave a space 17 in the transcript, so when you get the tran- 18 script for your review, you can always in- 19 sert it in at that time . 20 Is that all right, counselor? 21 MR. GROSSMAN: It is. 22 23 Q Sir, I'm going to be showing you the 24 fourth page of the lease, if you could look at 25 that . This is the signature page on the lease. • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 15 June 27, 2018 • 1 2 3 G. Dogramaciyan Do you recognize any of the signatures on that lease? 15 4 A It's my signature (indicating), yes. 5 MR. WONG: Let the record reflect 6 that the defendant has recognized his signa- 7 ture. 8 MR. GROSSMAN: You said the defen- 9 dant. 10 MR. WONG: I'm sorry, plaintiff. 11 Q Sir, what was the nature of 12 L'Etoile's business back in January of 2015, what • 13 did you do? 14 A We sell high-end jewelry and very 15 high-end stuff, merchandise. Arts, art. 16 Q What kind of jewelry did you sell? 17 A Mostly vintage jewelry. 18 Q Would that be like rings, bracelets, 19 necklaces, or anything else like that? 20 A Yes. 21 Q Were you open to the public? 22 A Yes. 23 Q So anybody off the street could just 24 walk in and buy things? 25 A Sure. • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 16 June 27, 2018 • 1 2 3 Q A G. Dogramaciyan You also stated that you sell art? Yes. 16 4 Q What kind of art did you sell? 5 A Any art. Paintings, box. 6 Q What do you mean by box? 7 A Snuff boxes, cigarette boxes. 8 Q Back in 2015, can you describe the 9 layout of your store? When a person walks into 10 your store, what do they see first? 11 A First they see the jewelry. 12 Q Is the jewelry in showcases or -- • 13 A Showcases, yes. 14 Q How wide is your store? 15 A You have all the details, uh, in 16 the I don't remember. I mean, 14 inch 14 17 foot. 18 Q Fourteen feet wide? 19 A Yeah. You have in the lease. 20 MR. GROSSMAN: Off the record. 21 (Discussion off the record.) 22 A Approximately 14 inches. Uh, foot. 23 Q Fourteen feet. 24 A Feet. 25 Q Is your space divided into separate • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 17 Jun e 27 , 2018 • 1 2 3 rooms? A Yes . G. Dogramaciyan 17 4 Q How many r o o ms is i t div ided int o ? 5 A Tw o r o oms. 6 Q Do y o u have a mezzanine? 7 A No. 8 Q The two rooms, is o ne a showroom and 9 one an office? 10 A The second room. The first room is 11 the jewelry and the second room, it's an office 12 and the paintings and the bronzes. • 13 Q You said bronzes? 14 A Bronze and paintings . 15 Q When you say bronzes, are you refer- 16 ring to sculptures or something else? 17 A Sculpture, yes. 18 Q Let's go back to the front room where 19 you have your jewelry. You said you had them in 20 showcases. How many showcases do you have? 21 A Five. 22 Q Are they table high or higher? 23 A No, higher tables (indicating). Two 24 tables (indicating), yes. 25 Q Are they against the wall or in the DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 18 J un e 27 , 2018 1 G. Dogramaciyan 18 2 middle of the room? 3 A Showcases against the wa ll, but the 4 other two showcases, it's on the f loo r . 5 Q The front room, the walls in th e 6 front room, did you have any coverings on th o se 7 walls or were they just painted? 8 A Painted. 9 Q Did you have any artwork hanging from 10 the walls in the front room? 11 MR. GROSSMAN: When? 12 MR. WONG: Back in 2015, January. 13 A Maybe one paintings, one painting, 14 and the bronze, yes . 15 Q When you walked into the showroom, 16 facing from the front, was the painting on the 17 left or the right side? 18 A Right side. 19 Q Do you recall which painting you had 20 in the front room? 21 A Renoir. 22 Q Was that painting closer to the 23 front, middle or towards the back of the room? 24 A Middle. 25 Q If a customer came into the room, DEITZ Court Reporting . .. A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 19 June 27, 2018 • 1 2 3 G. Dogramaciyan could they walk up to the painting? A There is no painting right now. 19 4 Q I know. Back in January of 2015, 5 if 6 A They see the paintings, yes. 7 Q Could they come up and touch it? 8 A No, they cannot touch it. 9 Q Is that because there was something 10 in front of it? 11 A No, we don't let touch. 12 Q The second room that you have, that's • 13 towards the back of the store? 14 A Yes. 15 Q Do you recall how big that room is, 16 back in 2015? 17 A It's around one-third of the store. 18 Q Is that room just as wide as the 19 front? 20 A Same, same size. 21 Q So it's two-thirds is the front and 22 one-third is the back? 23 A Yeah. But there is no door between 24 these two. 25 Q There's no door. DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 20 June 27, 2018 • 1 2 3 eating) A No door, G. Dogramaciyan it's open, side open (indi- 20 4 Q So there's a hallway on one side and 5 you walk in or something else? 6 A There's one wall (indicating), and 7 open this side (indicating). Because in front of 8 this wall (indicating) there's a showcase, large, 9 high showcase. 10 Q But there is a wall behind the show- 11 case. 12 A There's a wall showcase, yes. And in the back room, in January of • 13 Q 14 2015, what was inside of that room? And I'm ask- 15 ing you to 16 A Paintings. 17 Q -- to detail everything in there. 18 Was there a desk? 19 A Desk. 20 Q Were there chairs? 21 A One chair, two chairs. Yes, two 22 chairs. 23 Q Two chairs. You had also paintings? 24 A Paintings. 25 Q Any other artwork? DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 21 June 27, 2018 • 1 2 3 A Q G. Dogramaciyan Bronz es . When y ou closed for th e night, what 21 4 did you do with yo u r jew e lry ? 5 A We put o n the saf e . 6 Q And where is the safe located? 7 A The end of the store. 8 Q In the back room? 9 A In the back room. 10 Q Did you have, in January of 2015, an 11 alarm company or a security company? 12 A Always. • 13 Q Do you recall the name of that secur- 14 ity company? 15 A The alarm company you mean? 16 Q Yes. 17 A ADT. That time it was ADT. 18 Q Do you recall what kind of alarm sys- 19 tern you had back in January of 2015? 20 A There is -- insurance requested the 21 alarm that we have. 22 Q Okay. I'm asking you, sir, if you 23 recall if the alarm system was simply a breaking 24 and entering alarm, did it also have a fire or 25 police alert or anything like that? • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 22 June 27, 2018 1 G. Do gr a mac iy an 22 2 A Ev e rythin g in clu din g. Jewel ry co m- 3 pany, th ey r e q ue st e d alar m syst e m f or je we l ry 4 store and we had everything. 5 MR. WONG: Counselor, did yo u pr o vide 6 us with a copy of the alarm company informa- 7 tion? 8 MR. GROSSMAN: Off the rec o rd for a 9 second? 10 (Discussion off the record.) 11 MR. WONG: We were off the record. 12 Couns e lor for the plaintiff has agreed to • 13 look into alarm records for the name of the 14 company and also to provide a copy of the 15 contract. I'll follow up in writing with 16 these requests at the end of the deposition, 17 okay? IS Q Back in January of 2015, how was your 19 space heated? 20 A 790 building, it's a huge building, 21 huge building, corner, and all this building's 22 heatings was under my gallery. No insulation, 23 nothing. Very naive, very primitive, maybe 35, 24 40 years old. Was under my gallery, and we feel 25 the heating. When we walk also, the floor was • DEITZ Court Reporting ... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/24/2019 Page 23 Jun e 27 , 20 18 1 G. Dogramaciyan 23 2 heat, because of this -- 3 Q Excuse me, sir? I was as king spec i f - 4 ically how was your space heated, n ot th e build- 5 ing. 6 A Okay, I'm telling you. Because of 7 this, this -- we shut off the valve, we don't 8 want -- we requested -- we didn't requested any 9 heat from the building. 10 MR . GROSSMAN: Okay, but he's asking 11 what was the kind of heat that you could 12 have had. 13 THE WITNESS : Oh. 14 A The, the steam, hot 15 MR. GROSSMAN: Let him follow up. 16 A Steam,