Preview
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
EXHIBIT N
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
3 i ------------------------------------------X
ANTONIO ESPINOSA,
4
PLAINTIFF,
5
-against- Index No.:
6 515277/2018
7 MAC 60 LLC and ROYAL HOME
I M P R O V E MENTS , INc., Certified Original
8
DEFENDANTS.
g ------------------________________________x
MAC 60 LLC and ROYAL HOME
10 IMPROVEMENTS, INC.,
11 THIRD-PARTY PLAINTIFFS,
12 -against-
13 GILMAR DESIGN CORPORATION,
14 THIRD-PARTY DEFENDANT.
------------------------------------------X
15
DATE: September 12, 2022
16
17 TIME: 10:10 A.M.
18
19 EXAMINATION BEFORE TRIAL of the
20 Third-Party Defendant, GILMAR DESIGN
21 CORPORATION, by a witness, ABRIK
22 MUKHAMADIYEV, taken by the Respective
23 Parties, held on the above date and time
24| via Zoom, before Tiffany Bando, a Notary
25 Public of the State of New York.
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 2
1
2 A P P E A R A N C E S:
3
4 ORESKY & ASSOCIATES
Attorneys for the Plaintiff
5 149 East 149th Street
Bronx, New York 10451
6 BY: JACOB ORESKY, ESQ.
7
8 KIERNAN TREBACH, LLP
Attorneys for the Defendants/Third-Party
9 Plaintiffs
MAC 60 LLC and ROYAL HOME
10 IMPROVEMENTS, INC.
1305 Franklin Avenue
11 Garden City, New York 11530
BY: AFAF SULIEMAN, ESQ.
12 File #: 1989.0016
13
14 RAWLE & HENDERSON, LLP
Attorneys for the Third-Party Defendant
15 GILMAR DESIGN CORPORATION
14 Wall Street
16 New York, New York 10005-2114
BY: RICHARD POLNER, ESQ.
17
18
ALSO PRESENT:
19 STAS RABINOVICH
Russian Interpreter
20 LIS
21
* * *
22
23
24
25
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 3
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
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 4
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.
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
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 5
1 MUKHAMADIYEV
2 S T A S R A B I N O V I C H, a Russian
3 interpreter, solemnly affirmed to translate
4 the following questions from English to
5 Russian and answers from Russian to
6 English:
7
8 A B R I K M U K H A M A D I Y E V,
9 called as a witness, having been first duly
10 sworn, through an interpreter, by a Notary
11 Public of the State of New York, was
12 examined and testified as follows:
13 EXAMINATION BY
14 MS. SULIEMAN:
15 Q. Please state your name for the
16 record.
17 A. Abrik Mukhamadiyev.
18 Q. What is your business address?
19 A. 1573 East 19th Street,
20 Brooklyn, New York 11229.
21 Q. Just so I make sure I have it
22 right, if Mr. Abrik could please pronounce
23 his last name so I make sure I have it
24 correctly when I am addressing him.
25 A. Mukhamadiyev.
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 6
1 MUKHAMADIYEV
2 Q. Good morning, Mr. Mukhamadiyev.
3 A. Good morning.
4 Q. My name is Afaf Sulieman. I am
5 an attorney representing the Defendants,
6 MAC 60 LLC and Royal Home Improvements in
7 this matter with the law firm Kiernan
8 Trebach.
9 I will be asking you a series
10 of questions today. I would ask since we
11 have a translator even if you understand my
12 question, please allow me to finish the
13 i question before you respond and allow the
14 translator to translate my question before
15 you respond.
16 1 All of your responses must be
17 verbal, please do not use nods of the head
18 or any type of gestures, the court reporter
19 cannot take that down.
20 A. That's fine.
21 Q. And if you do not understand my
22 question, please let me know and we will
23 have the court reporter read it back or I
24 will rephrase it until you are able to
25 understand it.
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 7
1 MUKHAMADIYEV
2 A. Fine.
3 Q. Of course, if at any time you
4 need a break, we will be happy to
5 accommodate you, just let us know.
6 A. Fine.
7 Q. Mr. Mukhamadiyev, what is your
8 date of birth?
9 MR. POLNER: For the record,
10 just put on the year, please.
11 A. XX-XX-1980.
12 Q. Is Russian your primary
13 language?
14 A. Yes.
15 Q. And what is your highest level
16 of education?
17 A. I have a Bachelor's degree.
18 Q. In what is your Bachelor's
19 degree?
20 A. Physical Ed teacher/coach.
211 Q. Where did you obtain your
22 Bachelor's?
23 A. Uzbekistan.
24 Q. Are you a U.S. citizen?
25 A. Yes.
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 8
1 MUKHAMADIYEV
2 Q. Yes?
3 A. Yes.
4 Q. When did you become a U.S.
5 citizen?
6 A. 2021.
7 Q. When did you first enter the
8 United States?
9 A. '02, 2002.
10 Q. Did you review any documents in
11 preparation for your deposition today?
12 A. No.
13 Q. Other than your attorney, did
14 you speak with anyone in preparation for
15 your deposition today?
16 A. No.
17 Q. And have you ever gone by any
18 other names, any aliases?
19 A. No.
20 Q. Are you currently employed?
21 A. Yes.
22 Q. By Gilmar?
23 A. Yes.
24 Q. When did you first become
25 | employed by Gilmar Design?
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 9
1 MUKHAMADIYEV
2 A. 2012.
3 Q. Between 2002 when you first
4 entered the United States and 2012 when you
5 first became employed by Gilmar were you
6 employed?
7 A. Yes.
8 Q. And were any of your former
9 employer or employers in the construction
10 industry?
11 A. Various.
12 Q. Could you tell me what type of
13 construction work you did between 2002 and
14 2012?
15 A. Bricklaying.
16 Q. Bricklayer?
17 A. Bricklaying.
18 Q. And who were your employers in
19 the construction industry prior to 2012?
20 A. There were various, I don't
21 recall their names.
22 Q. When you were employed by
23 Gilmar do you know the date or at least the
24 approximate month in 2012 that you became
25 employed by Gilmar?
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 10
1 MUKHAMADIYEV
2 A. I am not sure. Early in the
3 year, like January or February.
4 Q. In what capacity were you
5 employed by Gilmar when you were first
6 hired by Gilmar in or about January 2012?
7 A. Bricklayer.
8 Q. What is your title or position
9 with Gilmar Design as we sit here today?
10 A. Manager.
11 Q. Let me ask you this, in or
12 about January 2018 what was your position
13 with Gilmar?
14 A. Manager.
15 Q. The position that you had in
16 January of 2018, is that the same position
17 that you have today?
18 A. Yes.
19 THE INTERPRETER: Just so you
20 know, I asked him to take his hands
21 away from the camera because I can
22 see his hands.
23 Q. When you are describing your
24 position as manager, is that the same or
25 similar to foreman?
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 11
1 MUKHAMADIYEV
2 A. Foreman, foreman, yeah.
3 Q. When did you first become
4 foreman for Gilmar Design?
5 A. After the first year I worked
6 there.
7 Q. So that would be in or about
8 2013?
9 A. Yes.
10 Q. Other than bricklaying and
11 foreman, have you ever held any other
12 positions with Gilmar?
13 A. No.
14 Q. And in 2018 were you employed
15 full-time by Gilmar, in or about January of
16 2018?
17 A. Yes.
18 Q. And, approximately, how many
19 hours per week did you work for Gilmar in
20 2018?
21 A. Forty, give or take. I don't
22 recall exactly, it varied.
23 Q. To learn your trade of
24 bricklaying did you take any vocational
25 classes in order to perform that job?
Diamond Reporting
800.727.6396 A Veritext Company www.veritext.com
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023
Page 12
1 MUKHAMADIYEV
2 A. No.
3 Q. Prior to becoming foreman in or
4 about 2013 as an employee bricklayer what
5 were your duties with Gilmar?
6 A. Lay bricks, make walls.
7 Q. As foreman for Gilmar what were
8 your duties in 2018?
9 A. Supervising work, oversee.
10 Q. Does that include day-to-day
11 oversight of employees?
12 MR. POLNER: Note my objection.
You could answer.
13|
14 A. Yeah.
15 Q. Performing construction work?
16 MR. POLNER: Note my objection.
17
Preview
FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 EXHIBIT N FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 3 i ------------------------------------------X ANTONIO ESPINOSA, 4 PLAINTIFF, 5 -against- Index No.: 6 515277/2018 7 MAC 60 LLC and ROYAL HOME I M P R O V E MENTS , INc., Certified Original 8 DEFENDANTS. g ------------------________________________x MAC 60 LLC and ROYAL HOME 10 IMPROVEMENTS, INC., 11 THIRD-PARTY PLAINTIFFS, 12 -against- 13 GILMAR DESIGN CORPORATION, 14 THIRD-PARTY DEFENDANT. ------------------------------------------X 15 DATE: September 12, 2022 16 17 TIME: 10:10 A.M. 18 19 EXAMINATION BEFORE TRIAL of the 20 Third-Party Defendant, GILMAR DESIGN 21 CORPORATION, by a witness, ABRIK 22 MUKHAMADIYEV, taken by the Respective 23 Parties, held on the above date and time 24| via Zoom, before Tiffany Bando, a Notary 25 Public of the State of New York. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 2 1 2 A P P E A R A N C E S: 3 4 ORESKY & ASSOCIATES Attorneys for the Plaintiff 5 149 East 149th Street Bronx, New York 10451 6 BY: JACOB ORESKY, ESQ. 7 8 KIERNAN TREBACH, LLP Attorneys for the Defendants/Third-Party 9 Plaintiffs MAC 60 LLC and ROYAL HOME 10 IMPROVEMENTS, INC. 1305 Franklin Avenue 11 Garden City, New York 11530 BY: AFAF SULIEMAN, ESQ. 12 File #: 1989.0016 13 14 RAWLE & HENDERSON, LLP Attorneys for the Third-Party Defendant 15 GILMAR DESIGN CORPORATION 14 Wall Street 16 New York, New York 10005-2114 BY: RICHARD POLNER, ESQ. 17 18 ALSO PRESENT: 19 STAS RABINOVICH Russian Interpreter 20 LIS 21 * * * 22 23 24 25 Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 3 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 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 4 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. 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 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 5 1 MUKHAMADIYEV 2 S T A S R A B I N O V I C H, a Russian 3 interpreter, solemnly affirmed to translate 4 the following questions from English to 5 Russian and answers from Russian to 6 English: 7 8 A B R I K M U K H A M A D I Y E V, 9 called as a witness, having been first duly 10 sworn, through an interpreter, by a Notary 11 Public of the State of New York, was 12 examined and testified as follows: 13 EXAMINATION BY 14 MS. SULIEMAN: 15 Q. Please state your name for the 16 record. 17 A. Abrik Mukhamadiyev. 18 Q. What is your business address? 19 A. 1573 East 19th Street, 20 Brooklyn, New York 11229. 21 Q. Just so I make sure I have it 22 right, if Mr. Abrik could please pronounce 23 his last name so I make sure I have it 24 correctly when I am addressing him. 25 A. Mukhamadiyev. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 6 1 MUKHAMADIYEV 2 Q. Good morning, Mr. Mukhamadiyev. 3 A. Good morning. 4 Q. My name is Afaf Sulieman. I am 5 an attorney representing the Defendants, 6 MAC 60 LLC and Royal Home Improvements in 7 this matter with the law firm Kiernan 8 Trebach. 9 I will be asking you a series 10 of questions today. I would ask since we 11 have a translator even if you understand my 12 question, please allow me to finish the 13 i question before you respond and allow the 14 translator to translate my question before 15 you respond. 16 1 All of your responses must be 17 verbal, please do not use nods of the head 18 or any type of gestures, the court reporter 19 cannot take that down. 20 A. That's fine. 21 Q. And if you do not understand my 22 question, please let me know and we will 23 have the court reporter read it back or I 24 will rephrase it until you are able to 25 understand it. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 7 1 MUKHAMADIYEV 2 A. Fine. 3 Q. Of course, if at any time you 4 need a break, we will be happy to 5 accommodate you, just let us know. 6 A. Fine. 7 Q. Mr. Mukhamadiyev, what is your 8 date of birth? 9 MR. POLNER: For the record, 10 just put on the year, please. 11 A. XX-XX-1980. 12 Q. Is Russian your primary 13 language? 14 A. Yes. 15 Q. And what is your highest level 16 of education? 17 A. I have a Bachelor's degree. 18 Q. In what is your Bachelor's 19 degree? 20 A. Physical Ed teacher/coach. 211 Q. Where did you obtain your 22 Bachelor's? 23 A. Uzbekistan. 24 Q. Are you a U.S. citizen? 25 A. Yes. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 8 1 MUKHAMADIYEV 2 Q. Yes? 3 A. Yes. 4 Q. When did you become a U.S. 5 citizen? 6 A. 2021. 7 Q. When did you first enter the 8 United States? 9 A. '02, 2002. 10 Q. Did you review any documents in 11 preparation for your deposition today? 12 A. No. 13 Q. Other than your attorney, did 14 you speak with anyone in preparation for 15 your deposition today? 16 A. No. 17 Q. And have you ever gone by any 18 other names, any aliases? 19 A. No. 20 Q. Are you currently employed? 21 A. Yes. 22 Q. By Gilmar? 23 A. Yes. 24 Q. When did you first become 25 | employed by Gilmar Design? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 9 1 MUKHAMADIYEV 2 A. 2012. 3 Q. Between 2002 when you first 4 entered the United States and 2012 when you 5 first became employed by Gilmar were you 6 employed? 7 A. Yes. 8 Q. And were any of your former 9 employer or employers in the construction 10 industry? 11 A. Various. 12 Q. Could you tell me what type of 13 construction work you did between 2002 and 14 2012? 15 A. Bricklaying. 16 Q. Bricklayer? 17 A. Bricklaying. 18 Q. And who were your employers in 19 the construction industry prior to 2012? 20 A. There were various, I don't 21 recall their names. 22 Q. When you were employed by 23 Gilmar do you know the date or at least the 24 approximate month in 2012 that you became 25 employed by Gilmar? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 10 1 MUKHAMADIYEV 2 A. I am not sure. Early in the 3 year, like January or February. 4 Q. In what capacity were you 5 employed by Gilmar when you were first 6 hired by Gilmar in or about January 2012? 7 A. Bricklayer. 8 Q. What is your title or position 9 with Gilmar Design as we sit here today? 10 A. Manager. 11 Q. Let me ask you this, in or 12 about January 2018 what was your position 13 with Gilmar? 14 A. Manager. 15 Q. The position that you had in 16 January of 2018, is that the same position 17 that you have today? 18 A. Yes. 19 THE INTERPRETER: Just so you 20 know, I asked him to take his hands 21 away from the camera because I can 22 see his hands. 23 Q. When you are describing your 24 position as manager, is that the same or 25 similar to foreman? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 11 1 MUKHAMADIYEV 2 A. Foreman, foreman, yeah. 3 Q. When did you first become 4 foreman for Gilmar Design? 5 A. After the first year I worked 6 there. 7 Q. So that would be in or about 8 2013? 9 A. Yes. 10 Q. Other than bricklaying and 11 foreman, have you ever held any other 12 positions with Gilmar? 13 A. No. 14 Q. And in 2018 were you employed 15 full-time by Gilmar, in or about January of 16 2018? 17 A. Yes. 18 Q. And, approximately, how many 19 hours per week did you work for Gilmar in 20 2018? 21 A. Forty, give or take. I don't 22 recall exactly, it varied. 23 Q. To learn your trade of 24 bricklaying did you take any vocational 25 classes in order to perform that job? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/05/2023 10:33 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 04/05/2023 Page 12 1 MUKHAMADIYEV 2 A. No. 3 Q. Prior to becoming foreman in or 4 about 2013 as an employee bricklayer what 5 were your duties with Gilmar? 6 A. Lay bricks, make walls. 7 Q. As foreman for Gilmar what were 8 your duties in 2018? 9 A. Supervising work, oversee. 10 Q. Does that include day-to-day 11 oversight of employees? 12 MR. POLNER: Note my objection. You could answer. 13| 14 A. Yeah. 15 Q. Performing construction work? 16 MR. POLNER: Note my objection. 17