Preview
FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ------------------------------------------X
STREET SNACKS, LLC,
4
PLAINTIFF,
5
-against- Index No.:
6 602374/09
7
BRIDGE ASSOCIATES OF SOHO, INC., ADAM D.
8 LUCKNER, MIDWAY HOLDINGS CORP., YORK
RESOURCES LLC, STERLING NATIONAL BANK, NEW
9 YORK STATE DISTRICT ATTORNEY, STATE OF NEW
YORK, CITY OF NEW YORK, NEW YORK CITY
10 ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY
DEPARTMENT OF FINANCE and "JOHN DOES,
11 Numbered 1 through 25," the names of the
last twenty-five named defendants being
12 fictitious, real names unknown to
plaintiff, the parties intended being
13 tenants or persons or corporations having
an interest in as tenants or persons in
14 possession of portions of the mortgaged
premises,
15
DEFENDANTS.
16 ------------------------------------------X
17
18 DATE: June 7, 2017
19 TIME: 2:15 P.M.
20
21
22
23 (DEPOSITION OF ADAM D. LUCKNER)
24
25
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1
2 DATE: June 7, 2017
3 TIME: 2:15 P.M.
4
5 EXAMINATION BEFORE TRIAL of the
6 Defendant, ADAM D. LUCKNER, taken by the
7 Plaintiff, pursuant to a Court Order, held
8 at the offices of LaRocca, Hornik, Rosen,
9 Greenberg & Blaha, LLP, 40 Wall Street,
10 32nd Floor, New York, New York 10005 before
11 Enrique Alvarado, a Notary Public of the
12 State of New York.
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1
2 A P P E A R A N C E S:
3
4 LaROCCA, HORNIK, ROSEN, GREENBERG & BLAHA LLP
Attorneys for the Plaintiff
5 STREET SNACKS, LLC
40 Wall Street, 32nd Floor
6 New York, New York 10005
BY: AMY D. CARLIN, ESQ.
7
8
LAMBERT & SHACKMAN, PLLC
9 Attorneys for the Defendant
BRIDGE ASSOCIATES OF SOHO, INC.
10 ADAM D. LUCKNER and MIDWAY HOLDINGS CORP.
274 Madison Avenue, Suite 1302
11 New York, New York 10016
BY: THOMAS C. LAMBERT, ESQ.
12
13
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16 * * *
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or
5 (d) of Rule 3115 of the Civil Practice Law
and Rules, would be waived if not
6 interposed, and except in compliance with
subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall
be stated succinctly and framed so as not
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 A D A M D. L U C K N E R, called as a
3 witness, having been first duly sworn by a
4 Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MS. CARLIN:
8 Q. Please state your name for the
9 record.
10 A. Adam D. Luckner.
11 Q. What is your address?
12 A. 619 Bridge Street, Woodmere,
13 New York 11598.
14 (Whereupon, 7/26/2002 Stock
15 Certificate was marked as Plaintiff's
16 Exhibit 1 for identification as of
17 this date by the Reporter.)
18 (Whereupon, CT-6 Document was
19 marked as Plaintiff's Exhibit 2 for
20 identification as of this date by the
21 Reporter.)
22 (Whereupon, Mortgage Note was
23 marked as Plaintiff's Exhibit 3 for
24 identification as of this date by the
25 Reporter.)
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NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 (Whereupon, 10/20/2003 Mortgage
3 Document was marked as Plaintiff's
4 Exhibit 4 for identification as of
5 this date by the Reporter.)
6 (Whereupon, 1/9/2003 Commercial
7 Loan Guaranty was marked as
8 Plaintiff's Exhibit 5 for
9 identification as of this date by the
10 Reporter.)
11 (Whereupon, 1/9/2003 Guaranty
12 Mortgage was marked as Plaintiff's
13 Exhibit 6 for identification as of
14 this date by the Reporter.)
15 (Whereupon, 1/9/2003 Guaranty
16 Mortgage was marked as Plaintiff's
17 Exhibit 7 for identification as of
18 this date by the Reporter.)
19 (Whereupon, 5/24/2004 Mortgage
20 Note was marked as Plaintiff's
21 Exhibit 8 for identification as of
22 this date by the Reporter.)
23 (Whereupon, Annual Escrow
24 Disclosure Statement was marked as
25 Plaintiff's Exhibit 9 for
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 identification as of this date by the
3 Reporter.)
4 (Whereupon, 5/24/2004
5 Substitute Mortgage Note was marked
6 as Plaintiff's Exhibit 10 for
7 identification as of this date by the
8 Reporter.)
9 (Whereupon, 9/1/2004 Mortgage
10 Document was marked as Plaintiff's
11 Exhibit 11 for identification as of
12 this date by the Reporter.)
13 (Whereupon, 9/1/2004 Mortgage
14 Document was marked as Plaintiff's
15 Exhibit 12 for identification as of
16 this date by the Reporter.)
17 (Whereupon, 5/24/2004
18 Commercial Loan Guaranty was marked
19 as Plaintiff's Exhibit 13 for
20 identification as of this date by the
21 Reporter.)
22 (Whereupon, 5/17/2004 Guaranty
23 Mortgage was marked as Plaintiff's
24 Exhibit 14 for identification as of
25 this date by the Reporter.)
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 (Whereupon, 5/17/2004 Guaranty
3 Mortgage was marked as Plaintiff's
4 Exhibit 15 for identification as of
5 this date by the Reporter.)
6 (Whereupon, Assignment of Rents
7 and Leases was marked as Plaintiff's
8 Exhibit 16 for identification as of
9 this date by the Reporter.)
10 (Whereupon, Annual Escrow
11 Statement was marked as Plaintiff's
12 Exhibit 17 for identification as of
13 this date by the Reporter.)
14 (Whereupon, Substituted and
15 Restated Mortgage Note was marked as
16 Plaintiff's Exhibit 18 for
17 identification as of this date by the
18 Reporter.)
19 (Whereupon, 6/3/2005 Mortgage
20 Document was marked as Plaintiff's
21 Exhibit 19 for identification as of
22 this date by the Reporter.)
23 (Whereupon, Consolidated
24 Extension Agreement was marked as
25 Plaintiff's Exhibit 20 for
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 identification as of this date by the
3 Reporter.)
4 (Whereupon, Guaranty Mortgage
5 was marked as Plaintiff's Exhibit 21
6 for identification as of this date by
7 the Reporter.)
8 (Whereupon, Assignment of
9 Leases and Rents was marked as
10 Plaintiff's Exhibit 22 for
11 identification as of this date by the
12 Reporter.)
13 (Whereupon, Annual Escrow
14 Statement was marked as Plaintiff's
15 Exhibit 23 for identification as of
16 this date by the Reporter.)
17 (Whereupon, Annual Escrow
18 Disclosure Statement was marked as
19 Plaintiff's Exhibit 24 for
20 identification as of this date by the
21 Reporter.)
22 (Whereupon, Annual Escrow
23 Statement was marked as Plaintiff's
24 Exhibit 25 for identification as of
25 this date by the Reporter.)
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 (Whereupon, Annual Escrow
3 Disclosure Statement was marked as
4 Plaintiff's Exhibit 26 for
5 identification as of this date by the
6 Reporter.)
7 (Whereupon, Annual Escrow
8 Statement was marked as Plaintiff's
9 Exhibit 27 for identification as of
10 this date by the Reporter.)
11 (Whereupon, 2008 Annual Escrow
12 Statement was marked as Plaintiff's
13 Exhibit 28 for identification as of
14 this date by the Reporter.)
15 (Whereupon, Reminder Statements
16 were marked as Plaintiff's Exhibit 29
17 for identification as of this date by
18 the Reporter.)
19 (Whereupon, Notice of
20 Assignment was marked as Plaintiff's
21 Exhibit 30 for identification as of
22 this date by the Reporter.)
23 (Whereupon, Notice of Default
24 and Demand for Payment was marked as
25 Plaintiff's Exhibit 31 for
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 identification as of this date by the
3 Reporter.)
4 (Whereupon, 2/10/2006 Power of
5 Attorney was marked as Plaintiff's
6 Exhibit 32 for identification as of
7 this date by the Reporter.)
8 (Whereupon, Power of Attorney
9 was marked as Plaintiff's Exhibit 33
10 for identification as of this date by
11 the Reporter.)
12 (Whereupon, Mortgage between
13 Bridge Associates and York Resources
14 was marked as Plaintiff's Exhibit 34
15 for identification as of this date by
16 the Reporter.)
17 (Whereupon, Response to
18 Plaintiff's First Notice for
19 Discovery was marked as Plaintiff's
20 Exhibit 35 for identification as of
21 this date by the Reporter.)
22 (Whereupon, Affidavit was
23 marked as Plaintiff's Exhibit 36 for
24 identification as of this date by the
25 Reporter.)
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NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 (Whereupon, Affidavit was
3 marked as Plaintiff's Exhibit 37 for
4 identification as of this date by the
5 Reporter.)
6 (Whereupon, Mortgage Document
7 was marked as Plaintiff's Exhibit 38
8 for identification as of this date by
9 the Reporter.)
10 MR. LAMBERT: I just want to
11 confirm on the record that we'll set
12 a date for the continuance of
13 Mr. Makkos's deposition.
14 MS. CARLIN: The Plaintiff will
15 agree to produce Mr. Makkos again to
16 complete his deposition at a mutually
17 agreeable date.
18 MR. LAMBERT: Thank you.
19 Q. Good afternoon Mr. Luckner. My
20 name is Amy Carlin. I represent the
21 plaintiff in this action, Street Snacks.
22 I'm just going to go over a couple of
23 ground rules and information before we
24 start to make sure that the deposition goes
25 quickly and smoothly. Have you ever been
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NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 deposed before?
3 A. Yes.
4 Q. How many times have you been
5 deposed?
6 A. A couple.
7 Q. What type of cases?
8 A. One was a personal injury case
9 and one was an insurance claim case.
10 Q. So you may be familiar with how
11 the deposition works. I'll ask you to
12 please wait until I finish asking my
13 questions before you answer. The court
14 reporter can't take down what we're both
15 saying if we're speaking at the same time.
16 I'd ask that you respond orally. The court
17 reporter can't take down a nod of the head
18 or a shrug of the shoulders.
19 If you need to take break, just
20 let me know. We can take one at any time
21 except if there's a questioning pending. I
22 ask that you just answer the question then
23 you can take a break. If you don't
24 understand a question, please let me know.
25 I'm not here to trick you. I want to make
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NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023
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1 A. LUCKNER
2 sure that I get complete and accurate
3 answers from you.
4 Are you under any medication
5 today that would prevent you from
6 understanding my questions or from
7 answering truthfully?
8 A. No.
9 Q. Prior to coming here today, did
10 you review any documents in preparation for
11 your deposition?
12 A. No.
13 Q. Other than your lawyer, did you
14 discuss this case with anyone in
15 preparation for the deposition?
16 A. No.
17 Q. I'd just like to get an idea of
18 your background. What is the highest level
19 of education that you attained?
20 A. I have an economics degree from
21 Stony Brook.
22 Q. Do you hold any professional
23 licenses or permits?
24 A. I'm a notary public but that's
25 it.
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1 A. LUCKNER
2 Q. Have you had any special
3 training or taken any courses in real
4 estate management?
5 A. No.
6 Q. Any courses or training in
7 finance?
8 A. No.
9 Q. When did you graduate from
10 Stony Brook?
11 A. I don't remember. It was
12 probably sometime in '96, something like
13 that.
14 Q. And did you become employed
15 before you graduated?
16 A. Yes.
17 Q. And where were you employed?
18 A. Sheldon May & Associates, PC.
19 Q. And what business is Sheldon
20 May & Associates in?
21 A. Law.
22 Q. And what were your job
23 responsibilities there?
24 A. I sort of did a little bit of
25 everything.
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1 A. LUCKNER
2 Q. Were you a clerk?
3 A. My main responsibility was to
4 manage the office and to go out and get
5 clients.
6 Q. Did Mr. May specialize in any
7 particular area of law?
8 A. Yeah, foreclosure.
9 Q. And how long were you employed
10 by Mr. May?
11 A. About 20 years.
12 Q. Are you currently employed with
13 him now?
14 A. No.
15 Q. When did your employment with
16 him terminate?
17 A. I quit about two years ago.
18 Q. And where are you employed now?
19 A. I'm not.
20 Q. What's the highest title you
21 attained while you were employed with
22 Mr. May?
23 A. Managing director.
24 Q. And when you say he specialized
25 in foreclosures, were those commercial,
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1 A. LUCKNER
2 residential, a little bit both?
3 A. Residential.
4 Q. And working with him on
5 foreclosures, did you become familiar with
6 loan documents?
7 A. I didn't work on any
8 foreclosures.
9 Q. What type of cases did you work
10 on?
11 A. REO.
12 Q. And what specifically did you
13 do with REO cases?
14 MR. LAMBERT: I don't know if
15 I'm going to let him answer that. I
16 don't know what the difference is.
17 How exactly does it make a
18 difference?
19 MS. CARLIN: I'd like to get an
20 idea as to his level of -- I mean he
21 doesn't have to reveal clients but
22 I'm asking what his job
23 responsibility and background is. I
24 don't understand how that would be
25 not pertinent.
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1 A. LUCKNER
2 MR. LAMBERT: What did he do
3 with regard to the REOs; is that the
4 question?
5 MS. CARLIN: What was his job
6 responsibilities? Was he making
7 copies? Was he preparing contracts?
8 MR. LAMBERT: Okay, answer the
9 question.
10 A. I did title clearance, and I
11 prepared basically closing statements.
12 Q. Are you familiar with Bridge
13 Associates of SOHO Inc.?
14 A. Yes.
15 Q. And how are you familiar with
16 Bridge Associates?
17 A. I own it.
18 Q. And when was Bridge Associates
19 of SOHO established?
20 A. I don't know. A long time ago.
21 I think right around 2002.
22 Q. When Bridge Associates was
23 established, what business was it in? What
24 was it's business purpose?
25 A. What it was established for?
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1 A. LUCKNER
2 Q. Yes.
3 A. It was established to own 533
4 Greenwich Street.
5 Q. And when you say you owned it,
6 are you the sole shareholder?
7 A. Yes.
8 Q. When it was established, were
9 there directors appointed?
10 A. I'm the only director.
11 Q. And how about officers, were
12 there any officers?
13 A. I'm the only officer.
14 Q. If Bridge Associates was
15 established in 2002, did there come a time
16 when there were other directors that may
17 have been appointed?
18 A. No.
19 Q. Was there ever a time when
20 officers were appointed?
21 A. No. Can I go back on that?
22 Q. Sure.
23 A. I believe Alan Luckner was
24 appointed as a vice president for a day.
25 Q. And who is Alan Luckner?
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1 A. LUCKNER
2 A. My father.
3 Q. And when was he appointed vice
4 president?
5 A. The day the second mortgage was
6 signed.
7 Q. The second mortgage on 533
8 Greenwich?
9 A. Correct.
10 Q. And who was it made in favor
11 of?
12 A. York Resources, LLC.
13 Q. And why was Alan Luckner
14 appointed vice president for a day in
15 connection with that in transaction?
16 A. Because I was in the hospital
17 for about a ten-day period at that time.
18 Q. I'm going to show you what's
19 been marked as Plaintiff's Exhibit 1. Have
20 you seen this document before?
21 A. Yes.
22 Q. What is it?
23 A. A stock certificate.
24 Q. I see it's dated July 26, 2002.
25 Does that refresh your recollection as to
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1 A. LUCKNER
2 when Bridge Associates may have been
3 established?
4 A. Yeah, it was some time formed
5 in July.
6 Q. And was this stock certificate
7 issued to you immediately upon its
8 establishment?
9 A. Pretty much.
10 Q. I'm going to show you what's
11 been mark as Plaintiff's Exhibit 2. Have
12 you seen this document before?
13 A. Yes.
14 Q. And what is it?
15 A. It's the CT-6 to file an S
16 Corporation in New York State.
17 Q. I noticed there's a square that
18 says Date of Incorporation on the right
19 hand side. It seems to say July 9, 2003.
20 Do you have any understanding as to why --
21 A. My accountant made a mistake.
22 Q. Made a mistake on?
23 A. On the CT-6.
24 Q. You mentioned previously that
25 Bridge Associates was established to own
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1 A. LUCKNER
2 533 Greenwich Street. What is 533
3 Greenwich Street?
4 A. It's a seven-story IMD
5 building, 14-unit loft building.
6 Q. When did Bridge Associates
7 purchase 533 Greenwich?
8 A. 9 of 2002.
9 Q. Do you recall what the purchase
10 price was?
11 A. It was 275,000 plus the
12 acquisition of the tax debt.
13 Q. So when Bridge purchased 533
14 Greenwich, is it correct to say that there
15 was a tax lien on it?
16 A. Yes.
17 Q. And how much was the tax lien?
18 A. About 2 million.
19 Q. Did Bridge Associates satisfy
20 that tax lien?
21 A. Yes, we did.
22 Q. When was that satisfied?
23 A. I believe June of '03.
24 Q. Did Bridge take out a mortgage
25 to fund the purchase of 533 Greenwich?
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1 A. LUCKNER
2 A. No.
3 Q. Did Bridge take out a mortgage
4 to fund the payment of the tax lien?
5 A. Part of it, yes.
6 Q. And where did Bridge attain a
7 mortgage?
8 A. First Central Savings Bank.
9 Q. And how much was the mortgage
10 for?
11 A. I believe it was for -- don't
12 quote me, I'd have to see the note -- but I
13 believe it was for around 1.5 million.
14 Q. At the time that Bridge
15 Associates purchased 533 Greenwich, were
16 there tenants in the building?
17 A. Yes.
18 Q. Were they residential,
19 commercial, both?
20 A. Residential.
21 Q. Were any of the tenants paying
22 rent?
23 A. No.
24 Q. When Bridge Associates
25 purchased 533 Greenwich, were there
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25
1 A. LUCKNER
2 violations on the building?
3 A. Yes.
4 Q. What type of violations in
5 general; ACV, Department of Buildings?
6 A. Everything.
7 Q. At any point in time since
8 Bridge Associates was established, has it
9 held any other assets besides 533
10 Greenwich?
11 A. No.
12 Q. Are you familiar with a
13 corporation known as Midway Holdings Corp.?
14 A. Yes.
15 Q. What is Midway Holdings Corp.?
16 A. It's a holding corporation.
17 Q. For what purpose?
18 A. It was like a general purpose
19 corporation that we used, that I used, to
20 put assets into, take assets out of. It
21 did some consulting work. It did a lot of
22 consulting work.
23 Q. In what areas did it do
24 consulting?
25 A. Title.
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26
1 A. LUCKNER
2 Q. When was Midway Holdings
3 established?
4 A. I don't remember.
5 Q. Who are the shareholders of
6 Midway Holdings?
7 A. I am.
8 Q. Who are the directors of the
9 Midway Holdings?
10 A. I am.
11 Q. Are there any officers of
12 Midway Holdings?
13 A. I'm the only officer.
14 Q. What type of assets did Midway
15 Holdings hold?
16 A. I don't remember offhand. I
17 want to say we owned, or I owned, a couple
18 of maybe like a piece of real estate that I
19 flipped or something like that.
20 Q. In 2005, did Midway Holdings
21 own any assets?
22 A. I don't think so.
23 Q. How about 2004?
24 A. I think it predates the
25 acquisition of Bridge Associates of SOHO
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27
1 A. LUCKNER
2 when it owned something.
3 Q. So just to make sure I'm clear,
4 is it your testimony that Midway Holdings
5 Corp. only owned assets up until the point
6 when you established Bridge Associates?
7 A. Yes, it didn't do much to begin
8 with.
9 Q. Are you familiar with Bridge
10 Management LLC?
11 A. Yes.
12 Q. And what is Bridge Management
13 LLC?
14 A. It's my management company.
15 Q. And when was that established?
16 A. I don't know. Sometime in the
17 1990s, I think.
18 Q. And what business is it in?
19 A. Management company.
20 Q. Of what type of businesses does
21 it manage?
22 A. Real estate.
23 Q. Who are the members of Bridge
24 Management LLC?
25 A. I am.
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FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 199
Preview
FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 EXHIBIT A FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 ------------------------------------------X STREET SNACKS, LLC, 4 PLAINTIFF, 5 -against- Index No.: 6 602374/09 7 BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. 8 LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL BANK, NEW 9 YORK STATE DISTRICT ATTORNEY, STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY 10 ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE and "JOHN DOES, 11 Numbered 1 through 25," the names of the last twenty-five named defendants being 12 fictitious, real names unknown to plaintiff, the parties intended being 13 tenants or persons or corporations having an interest in as tenants or persons in 14 possession of portions of the mortgaged premises, 15 DEFENDANTS. 16 ------------------------------------------X 17 18 DATE: June 7, 2017 19 TIME: 2:15 P.M. 20 21 22 23 (DEPOSITION OF ADAM D. LUCKNER) 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 2 1 2 DATE: June 7, 2017 3 TIME: 2:15 P.M. 4 5 EXAMINATION BEFORE TRIAL of the 6 Defendant, ADAM D. LUCKNER, taken by the 7 Plaintiff, pursuant to a Court Order, held 8 at the offices of LaRocca, Hornik, Rosen, 9 Greenberg & Blaha, LLP, 40 Wall Street, 10 32nd Floor, New York, New York 10005 before 11 Enrique Alvarado, a Notary Public of the 12 State of New York. 13 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 3 1 2 A P P E A R A N C E S: 3 4 LaROCCA, HORNIK, ROSEN, GREENBERG & BLAHA LLP Attorneys for the Plaintiff 5 STREET SNACKS, LLC 40 Wall Street, 32nd Floor 6 New York, New York 10005 BY: AMY D. CARLIN, ESQ. 7 8 LAMBERT & SHACKMAN, PLLC 9 Attorneys for the Defendant BRIDGE ASSOCIATES OF SOHO, INC. 10 ADAM D. LUCKNER and MIDWAY HOLDINGS CORP. 274 Madison Avenue, Suite 1302 11 New York, New York 10016 BY: THOMAS C. LAMBERT, ESQ. 12 13 14 15 16 * * * 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 4 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or 5 (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not 6 interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 5 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 6 1 A. LUCKNER 2 A D A M D. L U C K N E R, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MS. CARLIN: 8 Q. Please state your name for the 9 record. 10 A. Adam D. Luckner. 11 Q. What is your address? 12 A. 619 Bridge Street, Woodmere, 13 New York 11598. 14 (Whereupon, 7/26/2002 Stock 15 Certificate was marked as Plaintiff's 16 Exhibit 1 for identification as of 17 this date by the Reporter.) 18 (Whereupon, CT-6 Document was 19 marked as Plaintiff's Exhibit 2 for 20 identification as of this date by the 21 Reporter.) 22 (Whereupon, Mortgage Note was 23 marked as Plaintiff's Exhibit 3 for 24 identification as of this date by the 25 Reporter.) DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 7 1 A. LUCKNER 2 (Whereupon, 10/20/2003 Mortgage 3 Document was marked as Plaintiff's 4 Exhibit 4 for identification as of 5 this date by the Reporter.) 6 (Whereupon, 1/9/2003 Commercial 7 Loan Guaranty was marked as 8 Plaintiff's Exhibit 5 for 9 identification as of this date by the 10 Reporter.) 11 (Whereupon, 1/9/2003 Guaranty 12 Mortgage was marked as Plaintiff's 13 Exhibit 6 for identification as of 14 this date by the Reporter.) 15 (Whereupon, 1/9/2003 Guaranty 16 Mortgage was marked as Plaintiff's 17 Exhibit 7 for identification as of 18 this date by the Reporter.) 19 (Whereupon, 5/24/2004 Mortgage 20 Note was marked as Plaintiff's 21 Exhibit 8 for identification as of 22 this date by the Reporter.) 23 (Whereupon, Annual Escrow 24 Disclosure Statement was marked as 25 Plaintiff's Exhibit 9 for DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 8 1 A. LUCKNER 2 identification as of this date by the 3 Reporter.) 4 (Whereupon, 5/24/2004 5 Substitute Mortgage Note was marked 6 as Plaintiff's Exhibit 10 for 7 identification as of this date by the 8 Reporter.) 9 (Whereupon, 9/1/2004 Mortgage 10 Document was marked as Plaintiff's 11 Exhibit 11 for identification as of 12 this date by the Reporter.) 13 (Whereupon, 9/1/2004 Mortgage 14 Document was marked as Plaintiff's 15 Exhibit 12 for identification as of 16 this date by the Reporter.) 17 (Whereupon, 5/24/2004 18 Commercial Loan Guaranty was marked 19 as Plaintiff's Exhibit 13 for 20 identification as of this date by the 21 Reporter.) 22 (Whereupon, 5/17/2004 Guaranty 23 Mortgage was marked as Plaintiff's 24 Exhibit 14 for identification as of 25 this date by the Reporter.) DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 9 1 A. LUCKNER 2 (Whereupon, 5/17/2004 Guaranty 3 Mortgage was marked as Plaintiff's 4 Exhibit 15 for identification as of 5 this date by the Reporter.) 6 (Whereupon, Assignment of Rents 7 and Leases was marked as Plaintiff's 8 Exhibit 16 for identification as of 9 this date by the Reporter.) 10 (Whereupon, Annual Escrow 11 Statement was marked as Plaintiff's 12 Exhibit 17 for identification as of 13 this date by the Reporter.) 14 (Whereupon, Substituted and 15 Restated Mortgage Note was marked as 16 Plaintiff's Exhibit 18 for 17 identification as of this date by the 18 Reporter.) 19 (Whereupon, 6/3/2005 Mortgage 20 Document was marked as Plaintiff's 21 Exhibit 19 for identification as of 22 this date by the Reporter.) 23 (Whereupon, Consolidated 24 Extension Agreement was marked as 25 Plaintiff's Exhibit 20 for DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 10 1 A. LUCKNER 2 identification as of this date by the 3 Reporter.) 4 (Whereupon, Guaranty Mortgage 5 was marked as Plaintiff's Exhibit 21 6 for identification as of this date by 7 the Reporter.) 8 (Whereupon, Assignment of 9 Leases and Rents was marked as 10 Plaintiff's Exhibit 22 for 11 identification as of this date by the 12 Reporter.) 13 (Whereupon, Annual Escrow 14 Statement was marked as Plaintiff's 15 Exhibit 23 for identification as of 16 this date by the Reporter.) 17 (Whereupon, Annual Escrow 18 Disclosure Statement was marked as 19 Plaintiff's Exhibit 24 for 20 identification as of this date by the 21 Reporter.) 22 (Whereupon, Annual Escrow 23 Statement was marked as Plaintiff's 24 Exhibit 25 for identification as of 25 this date by the Reporter.) DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 11 1 A. LUCKNER 2 (Whereupon, Annual Escrow 3 Disclosure Statement was marked as 4 Plaintiff's Exhibit 26 for 5 identification as of this date by the 6 Reporter.) 7 (Whereupon, Annual Escrow 8 Statement was marked as Plaintiff's 9 Exhibit 27 for identification as of 10 this date by the Reporter.) 11 (Whereupon, 2008 Annual Escrow 12 Statement was marked as Plaintiff's 13 Exhibit 28 for identification as of 14 this date by the Reporter.) 15 (Whereupon, Reminder Statements 16 were marked as Plaintiff's Exhibit 29 17 for identification as of this date by 18 the Reporter.) 19 (Whereupon, Notice of 20 Assignment was marked as Plaintiff's 21 Exhibit 30 for identification as of 22 this date by the Reporter.) 23 (Whereupon, Notice of Default 24 and Demand for Payment was marked as 25 Plaintiff's Exhibit 31 for DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 12 1 A. LUCKNER 2 identification as of this date by the 3 Reporter.) 4 (Whereupon, 2/10/2006 Power of 5 Attorney was marked as Plaintiff's 6 Exhibit 32 for identification as of 7 this date by the Reporter.) 8 (Whereupon, Power of Attorney 9 was marked as Plaintiff's Exhibit 33 10 for identification as of this date by 11 the Reporter.) 12 (Whereupon, Mortgage between 13 Bridge Associates and York Resources 14 was marked as Plaintiff's Exhibit 34 15 for identification as of this date by 16 the Reporter.) 17 (Whereupon, Response to 18 Plaintiff's First Notice for 19 Discovery was marked as Plaintiff's 20 Exhibit 35 for identification as of 21 this date by the Reporter.) 22 (Whereupon, Affidavit was 23 marked as Plaintiff's Exhibit 36 for 24 identification as of this date by the 25 Reporter.) DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 12 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 13 1 A. LUCKNER 2 (Whereupon, Affidavit was 3 marked as Plaintiff's Exhibit 37 for 4 identification as of this date by the 5 Reporter.) 6 (Whereupon, Mortgage Document 7 was marked as Plaintiff's Exhibit 38 8 for identification as of this date by 9 the Reporter.) 10 MR. LAMBERT: I just want to 11 confirm on the record that we'll set 12 a date for the continuance of 13 Mr. Makkos's deposition. 14 MS. CARLIN: The Plaintiff will 15 agree to produce Mr. Makkos again to 16 complete his deposition at a mutually 17 agreeable date. 18 MR. LAMBERT: Thank you. 19 Q. Good afternoon Mr. Luckner. My 20 name is Amy Carlin. I represent the 21 plaintiff in this action, Street Snacks. 22 I'm just going to go over a couple of 23 ground rules and information before we 24 start to make sure that the deposition goes 25 quickly and smoothly. Have you ever been DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 13 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 14 1 A. LUCKNER 2 deposed before? 3 A. Yes. 4 Q. How many times have you been 5 deposed? 6 A. A couple. 7 Q. What type of cases? 8 A. One was a personal injury case 9 and one was an insurance claim case. 10 Q. So you may be familiar with how 11 the deposition works. I'll ask you to 12 please wait until I finish asking my 13 questions before you answer. The court 14 reporter can't take down what we're both 15 saying if we're speaking at the same time. 16 I'd ask that you respond orally. The court 17 reporter can't take down a nod of the head 18 or a shrug of the shoulders. 19 If you need to take break, just 20 let me know. We can take one at any time 21 except if there's a questioning pending. I 22 ask that you just answer the question then 23 you can take a break. If you don't 24 understand a question, please let me know. 25 I'm not here to trick you. I want to make DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 14 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 15 1 A. LUCKNER 2 sure that I get complete and accurate 3 answers from you. 4 Are you under any medication 5 today that would prevent you from 6 understanding my questions or from 7 answering truthfully? 8 A. No. 9 Q. Prior to coming here today, did 10 you review any documents in preparation for 11 your deposition? 12 A. No. 13 Q. Other than your lawyer, did you 14 discuss this case with anyone in 15 preparation for the deposition? 16 A. No. 17 Q. I'd just like to get an idea of 18 your background. What is the highest level 19 of education that you attained? 20 A. I have an economics degree from 21 Stony Brook. 22 Q. Do you hold any professional 23 licenses or permits? 24 A. I'm a notary public but that's 25 it. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 15 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 16 1 A. LUCKNER 2 Q. Have you had any special 3 training or taken any courses in real 4 estate management? 5 A. No. 6 Q. Any courses or training in 7 finance? 8 A. No. 9 Q. When did you graduate from 10 Stony Brook? 11 A. I don't remember. It was 12 probably sometime in '96, something like 13 that. 14 Q. And did you become employed 15 before you graduated? 16 A. Yes. 17 Q. And where were you employed? 18 A. Sheldon May & Associates, PC. 19 Q. And what business is Sheldon 20 May & Associates in? 21 A. Law. 22 Q. And what were your job 23 responsibilities there? 24 A. I sort of did a little bit of 25 everything. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 16 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 17 1 A. LUCKNER 2 Q. Were you a clerk? 3 A. My main responsibility was to 4 manage the office and to go out and get 5 clients. 6 Q. Did Mr. May specialize in any 7 particular area of law? 8 A. Yeah, foreclosure. 9 Q. And how long were you employed 10 by Mr. May? 11 A. About 20 years. 12 Q. Are you currently employed with 13 him now? 14 A. No. 15 Q. When did your employment with 16 him terminate? 17 A. I quit about two years ago. 18 Q. And where are you employed now? 19 A. I'm not. 20 Q. What's the highest title you 21 attained while you were employed with 22 Mr. May? 23 A. Managing director. 24 Q. And when you say he specialized 25 in foreclosures, were those commercial, DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 17 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 18 1 A. LUCKNER 2 residential, a little bit both? 3 A. Residential. 4 Q. And working with him on 5 foreclosures, did you become familiar with 6 loan documents? 7 A. I didn't work on any 8 foreclosures. 9 Q. What type of cases did you work 10 on? 11 A. REO. 12 Q. And what specifically did you 13 do with REO cases? 14 MR. LAMBERT: I don't know if 15 I'm going to let him answer that. I 16 don't know what the difference is. 17 How exactly does it make a 18 difference? 19 MS. CARLIN: I'd like to get an 20 idea as to his level of -- I mean he 21 doesn't have to reveal clients but 22 I'm asking what his job 23 responsibility and background is. I 24 don't understand how that would be 25 not pertinent. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 18 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 19 1 A. LUCKNER 2 MR. LAMBERT: What did he do 3 with regard to the REOs; is that the 4 question? 5 MS. CARLIN: What was his job 6 responsibilities? Was he making 7 copies? Was he preparing contracts? 8 MR. LAMBERT: Okay, answer the 9 question. 10 A. I did title clearance, and I 11 prepared basically closing statements. 12 Q. Are you familiar with Bridge 13 Associates of SOHO Inc.? 14 A. Yes. 15 Q. And how are you familiar with 16 Bridge Associates? 17 A. I own it. 18 Q. And when was Bridge Associates 19 of SOHO established? 20 A. I don't know. A long time ago. 21 I think right around 2002. 22 Q. When Bridge Associates was 23 established, what business was it in? What 24 was it's business purpose? 25 A. What it was established for? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 19 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 20 1 A. LUCKNER 2 Q. Yes. 3 A. It was established to own 533 4 Greenwich Street. 5 Q. And when you say you owned it, 6 are you the sole shareholder? 7 A. Yes. 8 Q. When it was established, were 9 there directors appointed? 10 A. I'm the only director. 11 Q. And how about officers, were 12 there any officers? 13 A. I'm the only officer. 14 Q. If Bridge Associates was 15 established in 2002, did there come a time 16 when there were other directors that may 17 have been appointed? 18 A. No. 19 Q. Was there ever a time when 20 officers were appointed? 21 A. No. Can I go back on that? 22 Q. Sure. 23 A. I believe Alan Luckner was 24 appointed as a vice president for a day. 25 Q. And who is Alan Luckner? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 20 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 21 1 A. LUCKNER 2 A. My father. 3 Q. And when was he appointed vice 4 president? 5 A. The day the second mortgage was 6 signed. 7 Q. The second mortgage on 533 8 Greenwich? 9 A. Correct. 10 Q. And who was it made in favor 11 of? 12 A. York Resources, LLC. 13 Q. And why was Alan Luckner 14 appointed vice president for a day in 15 connection with that in transaction? 16 A. Because I was in the hospital 17 for about a ten-day period at that time. 18 Q. I'm going to show you what's 19 been marked as Plaintiff's Exhibit 1. Have 20 you seen this document before? 21 A. Yes. 22 Q. What is it? 23 A. A stock certificate. 24 Q. I see it's dated July 26, 2002. 25 Does that refresh your recollection as to DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 21 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 22 1 A. LUCKNER 2 when Bridge Associates may have been 3 established? 4 A. Yeah, it was some time formed 5 in July. 6 Q. And was this stock certificate 7 issued to you immediately upon its 8 establishment? 9 A. Pretty much. 10 Q. I'm going to show you what's 11 been mark as Plaintiff's Exhibit 2. Have 12 you seen this document before? 13 A. Yes. 14 Q. And what is it? 15 A. It's the CT-6 to file an S 16 Corporation in New York State. 17 Q. I noticed there's a square that 18 says Date of Incorporation on the right 19 hand side. It seems to say July 9, 2003. 20 Do you have any understanding as to why -- 21 A. My accountant made a mistake. 22 Q. Made a mistake on? 23 A. On the CT-6. 24 Q. You mentioned previously that 25 Bridge Associates was established to own DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 22 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 23 1 A. LUCKNER 2 533 Greenwich Street. What is 533 3 Greenwich Street? 4 A. It's a seven-story IMD 5 building, 14-unit loft building. 6 Q. When did Bridge Associates 7 purchase 533 Greenwich? 8 A. 9 of 2002. 9 Q. Do you recall what the purchase 10 price was? 11 A. It was 275,000 plus the 12 acquisition of the tax debt. 13 Q. So when Bridge purchased 533 14 Greenwich, is it correct to say that there 15 was a tax lien on it? 16 A. Yes. 17 Q. And how much was the tax lien? 18 A. About 2 million. 19 Q. Did Bridge Associates satisfy 20 that tax lien? 21 A. Yes, we did. 22 Q. When was that satisfied? 23 A. I believe June of '03. 24 Q. Did Bridge take out a mortgage 25 to fund the purchase of 533 Greenwich? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 23 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 24 1 A. LUCKNER 2 A. No. 3 Q. Did Bridge take out a mortgage 4 to fund the payment of the tax lien? 5 A. Part of it, yes. 6 Q. And where did Bridge attain a 7 mortgage? 8 A. First Central Savings Bank. 9 Q. And how much was the mortgage 10 for? 11 A. I believe it was for -- don't 12 quote me, I'd have to see the note -- but I 13 believe it was for around 1.5 million. 14 Q. At the time that Bridge 15 Associates purchased 533 Greenwich, were 16 there tenants in the building? 17 A. Yes. 18 Q. Were they residential, 19 commercial, both? 20 A. Residential. 21 Q. Were any of the tenants paying 22 rent? 23 A. No. 24 Q. When Bridge Associates 25 purchased 533 Greenwich, were there DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 24 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 25 1 A. LUCKNER 2 violations on the building? 3 A. Yes. 4 Q. What type of violations in 5 general; ACV, Department of Buildings? 6 A. Everything. 7 Q. At any point in time since 8 Bridge Associates was established, has it 9 held any other assets besides 533 10 Greenwich? 11 A. No. 12 Q. Are you familiar with a 13 corporation known as Midway Holdings Corp.? 14 A. Yes. 15 Q. What is Midway Holdings Corp.? 16 A. It's a holding corporation. 17 Q. For what purpose? 18 A. It was like a general purpose 19 corporation that we used, that I used, to 20 put assets into, take assets out of. It 21 did some consulting work. It did a lot of 22 consulting work. 23 Q. In what areas did it do 24 consulting? 25 A. Title. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 25 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 26 1 A. LUCKNER 2 Q. When was Midway Holdings 3 established? 4 A. I don't remember. 5 Q. Who are the shareholders of 6 Midway Holdings? 7 A. I am. 8 Q. Who are the directors of the 9 Midway Holdings? 10 A. I am. 11 Q. Are there any officers of 12 Midway Holdings? 13 A. I'm the only officer. 14 Q. What type of assets did Midway 15 Holdings hold? 16 A. I don't remember offhand. I 17 want to say we owned, or I owned, a couple 18 of maybe like a piece of real estate that I 19 flipped or something like that. 20 Q. In 2005, did Midway Holdings 21 own any assets? 22 A. I don't think so. 23 Q. How about 2004? 24 A. I think it predates the 25 acquisition of Bridge Associates of SOHO DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 26 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 02/22/2023 27 1 A. LUCKNER 2 when it owned something. 3 Q. So just to make sure I'm clear, 4 is it your testimony that Midway Holdings 5 Corp. only owned assets up until the point 6 when you established Bridge Associates? 7 A. Yes, it didn't do much to begin 8 with. 9 Q. Are you familiar with Bridge 10 Management LLC? 11 A. Yes. 12 Q. And what is Bridge Management 13 LLC? 14 A. It's my management company. 15 Q. And when was that established? 16 A. I don't know. Sometime in the 17 1990s, I think. 18 Q. And what business is it in? 19 A. Management company. 20 Q. Of what type of businesses does 21 it manage? 22 A. Real estate. 23 Q. Who are the members of Bridge 24 Management LLC? 25 A. I am. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 27 FILED: NEW YORK COUNTY CLERK 02/22/2023 03:22 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 199