Preview
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
rdqc -L
November 18, 202L
o
SUPREME COURT OE THE STATE OE NEW YORK
:::it: ::
ANTON]O ESPINOSA,
1:r:: ____________x
PLA]NT]FE,
-against- Index No,:
515217 /2018
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC. AND GILMAR DES]GN CORP.,
DE TEN DANT S .
X
MAC 6O LLC AND ROYAL HOME IMPROVEMENTS,
e INC. .
-againsr-
TH ' I? D_ DAR-V PLAINII].FS/
GILMAR DES I GN CORPORATION,
THIRD_PARTY DEEENDANT,
--------x
DATE: November 18, 2021-
TIME: 11 . ?',] a M
EXA}.I]NAT]ON BEEORE TRIAL of the
Defendant, ROYAL HOME IMPROVEMENTS, INC.,
by a Witness, JOSHUA MARKOVICS, taken by
the respect ive parties, pursuant to a Court
Order, held via Zoom videoconference,
before Caitlin M. Zaki k, a Notary Public of
the Stal-e of New York.
a I
.t
DEITZ Court Repor a Company
8
s
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
r UYL L
November 78, 202L
O 1
Z APPEARANCES
3
4 ORESKY & ASSOClATES, PLLC
Attorneys for the Plaintiff
5 ANTONIO ESPINOSA
149 Fcsr l49rh St,reet
Bronx. New York 10451
BY: JOHN J. NONNENMACHER, ESQ.
1 Elle #: 18-1005
I
9 KTERNAN TREBACH LLP
ALtorneys for the Def endants /Third-Party Plalntiffs
10 MAC 60 LLC AND
ROYAL HOME IMPRCVEMENTS. lNC.
11
,l30: Frarkir Avenue, SuiLe 30I
Garden Clty. New York 11530
o 72
13
BY: AEAF SUL] EMAN, ESQ.
L4 RAWI,E & HENDERSON, LI, P
Attorneys for the Defendant/Third-Party De fe ndant
15 GILMAR DES I GN CORPORATION
14 Wall Street, 27Lh Flaor
76 New York, New York i0005
BY: R]CHARD POLNER, ESQ,
L1
18
\9
?o
2L
22
23
24
25
o
DEITZ Court Reportinq, .. A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 3
November 18, 2021
o 1 S T ] P U LAT I ON S
2
3 ]T ]S HEREBY STIPULATED AND
4 AGREED by and between (among) counsel for
5 the respective parties hereto, that:
6
1 AII rights provided by the
I C,P.L.R., including the right to object to
9 any question, except as to form, or to move
10 to strike any test imony at this (these)
11 examinat ion (s ) . ar:e reserved, a nd, in
72 addit ion, the f ail-ure to obj ect to any
o 13
l4
question or to move to st.rike any testimony
at this (these) exam.ination (s) shall not be
15 a bar or waiver to make such motion at/ and
16 is reserved for the triaf of thi s act ion;
71
1B IT IS EURTHER STIPULATED AND
19 AGREED by and between(among) counsel for
20 the respective parties her:eto. that
2i thls (these ) examlnatlon (s ) may be sworn to
22 by the witness (es) being examined, be fore a
23 Notary Public other than the Notary PubIlc
24 before whom this (these) exam.ination (s) was
25 (were) begun; but r-he f a.i.Iure to do so, or
o
DEITZ Court Reporting... A Lexitas Company
800-678-01,66
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
November 78, 202L
o 1 ST] PULAT ] ON S
3 to return the orlginal of this (these)
4 examinat ion (s) to counsel, shal l not be
5 deemed a waiver of the rights provided by
6 Rules 3116 and 3LL1 of the C.P.L.R., and
1 shal.l be con: ro tled L he reby;
I
9 IT IS EURTHER ST]PULATED AND
10 AGREED by and between (among) counsel for
11 the respect11ve part ies h e::et o, that
L2 this (these ) examination (s ) may be utilized
o 13
74
for all purposes as provided by the
.DTD.
15
16 ]T ]S EURTHER STIPULATED AND
71 AGREED by and between(among) counsel for
1B the respective parties hereto, that the
19 filing and certif ication of the orlginal of
2A thls (these) examinat ion (s ) shaIl be and the
2l same hereby are wa i ved;
22
23 IT IS E'URTHER ST]PULATED AND
24 AGREED by and between (among) counsef f or
the respective part ie s hereto. that a copy
t
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
! u9u J
November i8, 2021
a :_ ST]PULATlONS
2
3 of the within examinat ion (s ) shall be
q furn.ished to counsel representing the
5 witness (es ) te st i fying, wlthout charge.
6
1 ]T IS FURTHER STIPULATED AND
I AGREED by and between(among) counsel f or:
9 the respect rve part ies hereto, that all
10 right s provided by the C.P.L.R., and Part
11 227 of the Uniform Rules fo: the Conduct of
72 Depositions, including the right to obj ect
o 13
74
to any question, except as to form, or to
move to strike any test imony at this
15 examinat ion is re served; and in addit ion,
16 the failure to object to any question or to
1.1 move to strike any testimony at this
18 examination shal l not be a bar or waiver to
L9 make such motion at. and is reserved to,
20 the t rial of this actlon.
?L
2?
a1
24
a
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 6
November L8, 2021
a 1 JOSHUA MARKOV I CS
2 ,J O S H UA M A R K O V I C S, CAIfCd AS
3 a witness, having been first duly sworn by
4 a Notary Pubfic of the State of New York,
5 was examined and testi fied as foffows:
6 EXAMINATION BY
1 MR. NONNENMACHER:
I O. Please state your name for the
9 .record.
10 A, Joshua Markovics.
ii 0. What is your address?
7? A. 3004 Avenue L. 2nd Efoor,
o 13
74
Brooklyn, New York 11210.
O. Good morning/ Mr. Markovics.
15 My name is ,lohn Nonnenmacher and I'm an
16 attorney with Oresky & Associates. We
1l represent the plaintiff, Antonio Esplnosa.
18 I'm gorng to be askingt you son.e questlons
79 regarding an accident that occurred bac k in
2A January of 2018.
2t The address you lust gave us,
22 is that your horne address?
a2 A. No.
O. And can you tell me what's
7.5 located at 3004 Avenue L in Brooklyn?
a
DEITZ Court Reporting.. . A Lexitas Company
800-578-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
rdqc /
November L8, ?027
o 1 JOSHUA MARKOV ] CS
A, our of=ice.
3 O. And when you say "our office, "
4 what are you reier ri-ng to? inlhat's the name
5 of the company?
6 A. RoyaI Home Improvements.
A. And does Royal hore
I lmprovements go by any other name?
9 A. Royal Builders,
10 O. Does Royaf Home Improvements go
11 by the name of doing bus ines s as Royal
l2 Builders?
o 13
74
l
O.
V^c
And what kind of company ls
15 Royaf Home Improvements?
I6 A. General conrracLor.
I1 0, And when you say "general
1B contractor, " can you explain to me what you
19 mean by the term general contractor?
23 A. We build residential and
2L comnercial houses either: for other people
22 ol occasicnal-1y for ourseives as a
23 developer.
24 A. And w'e- you say "as a
25 developer, " would that be to bui ld a
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Dfd-
L uY! Q
v
November L8, 2021-
o 1 JOSHUA MARKOVI CS
2 building for the purpose of selling it or
3 leasing it?
4 A. Cor]:ect .
a. And Royal Home Improvements is
6 that a co.rporation?
1 A. Yes,
I 0. And are there shareholders to
9 the corpo.ration?
10 A. Yes.
11 O. Is the corporation owned by you
72 and your brother?
I 13
74
A. And our father.
O. And who?
15 A. Our father.
16 O. So it's your father and you and
l1 your brother Me na chem?
1l, A V^c
19 a. And do you go by any other
20 narnes or nicknames?
2L A. People call me Shea.
22 O. Anci do you know when Royal Horne
23 l mp r oveme nt s was fcrned?
24 A. Approxlmately 15 years ago, I
25 think. I don't know tne exact date.
o
DEITZ Court Reportlng... A Lexltas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 9
November L8, 2421
o 1 JOSHUA MARKOV I CS
2 0. Now, in 2018, did Royal Hcme
3 Improvement s have any employees?
4 A. Yes.
5 O. How many employees did they
6 have ?
1 A.
I woufd say about. three or
four. Maybe five.
9 O. Now, could you, your father, or
10 your brother Menachem perform a trade? In
11 other words, do construcl-icn wor:k?
t2 A. No,
o 13
TA
O. The three to flve employees
that you had back in January of ?018, could
15 they perform a trade?
16 A. No.
)"1 0. We.re they administrative or
18 secretarial or something else?
19 A. Some were secretarial and some
2A were j ust in charge of bringing and
?7 delivering naterials. Not really material
22 but shovel snow and stuff . Minor stuff to
the buifding as necessary. And some of
?4 them were in charge of j ust going to the
25 job site and oversee ing what the vendors
a
DEITZ Court Reporting... A Lexitas Company
800-578-0156
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 10
November 78, 2027
t 1 JOSHUA MARKOV ] CS
? were doing.
3 O. .is the ownership of Royal
FIow
4 Home Improvements broken down? Is it
5 one-third/one-third/one-thard or something
6 else?
A, I believe -- ra'l king abour
B today or: back then ?
9 0. Welf, let's talk about in 2018.
10 A. Then I be.Lieve it was basical.Iy
t1 my father was 95 percent and maybe me and
).2 my brother were 5 percent each -- I mean,
o 13
L4
whatever. We spllt the rest.
0. Ano wnac is it Loday?
t5 A. I believe today it's 45/45 for
76 me and my brother and maybe 10 for my
L1 f ather.
18 O. And as a general conlractor has
L9 Rcyaf Home Improvements ever had an
2C elnpf oyee that could pe:fcrn a t.rade?
2L A. Yes. A long time ago. Maybe
22 back in 2Al3 or '14 and then we su/itched to
23 using vendors.
24 0. Since that date, has Royaf Home
Improvements employed anybody who could
a
DEITZ Court Reportinq.. . A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 1l
November 1-8, 2421
o 1 JOSHUA MARKOVI CS
perform a t rade ?
3 A. The only type of people that we
4 have employed that can perform a trade are
5 maybe people who can do I ight housekeeping
6 or minor fixing of rai I ings and stuf f l-Lke
I that. No heavy work.
I 0. Would that be more maintenance
9 type of work?
10 A. Yes,
11 0. So, as a general contractor --
l2 A. More housekeeping than
o 13
L4
maintenance I would say.
O. So, as a general contractor,
15 does Royal Home Improvements get the job
16 and then suhcont ract the wor:k out?
71 A. Yes.
1B 0. And what is your highest ievel
19 of education?
?a A, I have a master's.
2L O. And what is your master's in?
tt A, Phy s ica.I the.rapy.
?3 O. Physical therapy?
24 A, Yes.
O, And have yoi ever performed
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Paqe L2
November 78, 2027
o 1 JOSHUA MARKOV I CS
2 construction work?
3 A I built a shed when I was 16
4 years o1d.
5 O. Aside from i:uilding a shed whe n
6 you were 16, have you ever been employed by
1 a construction company?
B A. I mean. except for my f ather's
9 company.
10 0. Did your f ather: have a
11 construction company other than Royal Home
t2 Inp r oveme nt s?
o 13
l4 0.
A. Yes.
l{ere you employed by your
15 father in a capaclty where you performed
16 construct ion work?
71 A. Not reaffy. More the driver
1B and g::aduaily growing into administratlve.
19 0. Now. aside from being one of
2A the owners of Royal Home Imp.rovements, do
2l you have any othe r titles?
22 A. t\ot reall.y. I have a safely
super's ijcense if that's what you're
24 --t-l- i r^ r+
25 O. You have a safety super's
a
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 13
November T8, 2021
o 1 JOSHUA MARKOVI CS
2 license; is that what you said?
3 A. Yes.
4 O. What I mean by that is within
5 the corporatlon is there a pres ident. a
6 vice president, a treasure.r, a secreta.ry,
1 or anything e.Ise?
8 A. We don't really have those
9 classif ications.
10 0. When did you get your safety
11 supervisor's Iicense?
L2 A. I want to say seven years ago.
a 13
l4
. Lhink six or seven years ago.
O. And where did you get that
15 from?
16 A Erom one of these s choof s that
L1 offers the classes. I thlnk it was maybe
18 Dunn Co, I don't really rer,rember who I got
r9 it from.
?n O. It wasn't from OSHA; was it?
2L A. Wel1, I have an OSHA 30 as well
?2 which arso I got f r:om one of these courses.
23 o. And why did you get that?
A. Because the bui lding department
requires people that work on the job site
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 14
November 18, ?A?l
a 1 JOSHUA MARKOV I CS
2 to have certain licenses. So, even though
3 I don't really need it per se for what I
4 do, sometimes it's better to have it.
5 O. And when dld you get your OSHA
6 30?
'1
A. I think the same time back
8 then.
9 O. And is your OSHA 30 card
10 up-to-date?
11 A. Ye s .
L2 O. Was it up-to-date 1n January of
o 13
74
2018?
A.
15 O. Aside from being an owner of
16 Roya 1 Home Improvements, did you have any
71 duties and respons ibrl it ies of golng to job
1B
19 A. Occasionally,
20 O. Aslde from yourself, did anyone
2L else associated with Royal Home
22 Improvements gc to job sites like your dad
or your brother?
24 A. Both of them.
O. And would they go to the job
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 15
November I8, 202I
o 1 JOSHUA MARKOV I CS
? sites s/ith any frequency?
3 A. Yeah. My brother would go
4 pre1-ty frequently. My father would go to
5 different job sltes frequently. They
6 dldn't really go to the same sites
1 necessarily. And then there were proj ect
I managers that went more frequently.
9 O. And when you say "project
10 managers, " is that somebody lhat was
11 employed by Royal Home fmprovements or was
L2 that somebody who was contracted?
I 13
74
A. Employed by Royal Home
Improvements,
15 O. In 2018, did Royal Home
16 Improvements employ a project manager?
l1 A \r'-c
18 O. Who was the pro j ec'- manager
19 that Royaf Home Improvements hired?
20 A. In generaf or for a speciflc
2L project?
22 O. I'm qoing to come back to that.
23 Are you familiar wir-h a
24 bui ldlng 2357 60th Street 1n Brooklyn?
25 A. Yes.
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 16
November 18, 2021-
a t JOSHUA MARKOV I CS
2 0. And what do you base that
3 fami l iar it y on?
4 A. A project that we partnered up
5 with Marcal Group. We were the
6 contractors. We were part owners. We ran
1 the proj ect . That's my familiarity with
8 ir.
I Now, back rn 2078, do you know
10 who the owners of 2351 60th St reet wer:e?
11 A.I think the name was -- not
72 Marcaf Group. Maybe MAC 60 LLC I befleve
t 13
l4
was the name.
O. Yes. Now. do you know who made
15 up MAC 60 LLC? Who were the memtrers of the
l6 limited liability corporation?
71 A. I don't rea I ly know offhand.
1B I f you want me to quess, I can take a
t9 guess.
2A 0. I don't wa ntyou to guess, but
2L could you give me an approximaticn? You
22 know whac? I don': want you to Euess.
23 Were you a member of LlldL L!' i
24 A. We had an LLC that was a member
25 U-L Lltd - LLL / Ye5.
o
DEITZ Court Reporting.. . A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 17
November 18, 2021
t 1 JOSHUA MARKOV I CS
? 0. And when you say you had an
3 LLC, what was the name of that LLC?
4 A. I belreve i.t was 2357 EMAC
5 ma ybe .
6 O. Would you have any records at
1 your home o.r your pface of business wh 1ch
I wculd indicate what company you operated
9 that formed an ownership in MAC 60 LLC?
1C Does tha-., make sense ? In other words.
11 something that you have that would 1-eI1 me
72 what the real name is or .if that ' s the
a 13
L4
name ?
A, Erom my recollection. I think
15 that was the name. 2357 EMAC.
16 O, When you say that we had an
11 ownership in MAC 60 LLC, aside from
18 yourself , was there anyone else who owne d
I9 2357 EMAC? Was it your dad and your
20 broaher, j ust you, or somebody else?
21 A. No. It was me and my brother
22 and my br:other's father-in-law.
23 a. What is your brother's
24 father's-in-Iaw name?
A. Yech i el Bronbe-9.
a
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
D-na
! uYu 1Q
re
November L8, 2027
o 1 JOSHUA MARKOV ] CS
2 0. And your dad was not associated
3 with this LLC ?
4 A. No .
5 O. What was the business purpose
6 Of 2357 EMAC?
7 A. Be a member of MAC 60 LLC.
I O. Was there any agreemenls that
9 were made between the entlties that made up
10 MAC 60 LLC ?
11 A. I'm sure there were.
l2 O, WelI, do you have copies of any
a 13
74
of those agreements? Have you seen any of
those agreements ?
15 A. I'm not sure if we stil1 have
16 them. but the agreements woufd probably say
7l that we're members of that company and that
18 we're building the buildlng or: that RoyaL
79 is building the bui Iding and that we're
2A spl itt ing the pro fit s 50/50.
2t O. As.ide from 2357 EMAC, do you
22 know the name of any other entity that was
/-1 a part owner of MAC 60 LLC?
24 A. Probably Marcal Group.
25 O. You mentioned The Marcal Group
a
DEITZ Court Reporting... A Lexitas Company
800-678-0156
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 19
November 1.8, 2021
o 1 JOSHUA MARKOV I CS
2 before, What is The Marcal Group?
3 A. They' re another developer that
4 develops buildings in B roo k 1yn.
5 O. Now, what was the business
6 purpose of MAC 60 LLC?
A. To purchase and develop Lhe
8 property at 2357 6 0th Street and origlnally
9 to lease it out and keep it.
10 O. Did MAC 60 LLC purchase any
11 other property other than 2357 60th Street?
L? A. No.
a 13
I4
0. Was the business purpose of MAC
60 LLC sole]y to purchase and develop 2351
15 6 0th Street?
76 A. Yes.
l1 O. Do you know when 2357 60th
]B S-" reet was purchased?
19 A. I think sometlme in 2000- --
2A end of '76 or early '17 would be my guess.
21 O. When the property was
22 purchased. what was on it?
23 A. Empty lot .
24 0. Now, was somebody hired to
2-5 perform excavat ion at 2357 60th Street?
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Dr^d
! uvL ?n
av
November 18, ?02L
o 1 JOSHUA MARKOV I CS
2 A Yac
3 O. Did MAC 60 LLC hire Royal Home
4 fmprovements to act as the general
5 cont ractor for the work that was going to
6 be performed the re ?
1 A. Yes.
I O. And did Rcyal Home Improvements
9 hrre anybody to do the excavation?
10
11 0. Do you remember who t-hey hired?
t? A. Pauf Toth.
o 13
L4
0.
A.
Who ?
Pdul Toth Fxcavation.
15 O. And wet:e they hired by Royal
76 Home Improvements pursuant to a written
71 subcontract?
18 A. YeS.
19 O. Did you siqn thaL subcontract
20 on behaff of RoyaI Horne Improvements?
2L A, I don't renember .
22 O. And following the excavation
23 woi:k was the next stagte foundation work?
24 A. Correct. It happened
25 simultaneously.
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 21
November L8, 2A2l
o 1 JOSHUA MARKOVI CS
2 O. And dld Royal Home Improvements
3 hire a company to do the foundation work?
4 A. Yes,
5 O. Was thar Paul lorh Lxcavation
6 or was rhar somebody eJse?
A. Somebody e1se.
B O. hlho was that?
9 A. That was Eu.ropa Construction.
10 O. And did Royal Home Imp.rovements
11 hire Europa Construct ion pursuant to a
L2 written subcont.ract ?
a 13
t4
A.
0.
I think so.
Now, after the foundation work,
15 the next job in the sequence, was it
15 framing or somethlng else?
).1 A. It's sort of a combination of
18 CMU work. framing. and steelwork in
19 conjunction with each othe r . Not alI at
2A the same time, but stage by stage.
27 O. What was this building going to
22 be used for? Residential? Commercial?
23 Comb.ination of both? Something eise?
A. Commercial .
25 O. And did MAC 60 LLC. to your
O
DEITZ Court Reporting.,. A Lexitas Compa.ny
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Drdd
L4YL ?,
LL
November L8 | 2021-
o 1 JOSHUA MARKOV ] CS
2 knowledge. or Royal Home Improvements
3 al ready :rave a LenanL in p aceI
4 A. They drd not.
5 O. Now. what was going to be the
6 size of this building in terms of floors?
1 A. I believe iL was four srories
I and a basemenl.
9 0. And is the buifding completed?
10 A. Yes.
11 0. And did Rcyal Hone Improvements
12 doinq bus ine s s as Royal Builders hire af l
a 13
74
of the subcontractors
to build thl s building?
that performed work
15 A YAQ
16 O. And were all of the
11 subcontractors h.ired pursuant to a w.ritten
LB subcontracr, ?
19 A. I don't know if I would say
20 all. but most.
2t 0. Do you know off the top of ycur
head wha: s ubcont ra cto r s were hired withcut
23 a written contract ?
24 A. it's no l. Lhat they were hired
without a written contract. A lot of times
o
DE:TZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Page 23
November 18, 2021
o t JOSHUA MARKOV ] CS
2 what happens is we get quotes and those
3 quotes become the contracts without
4 actual Iy t.urning it into an official
5 contract.
6 O. Dio you rece i ve any proposals
1 from companies that became the contract?
B A. Yes.
9 0. When did the work at this site
10
11 A. That is a good question.
L2 O. You don't think the other
o 13
l4
quest ions were good?
A. This is an especially good
15 question. If I had to venture a guess/ f
L6 would say sometime in the beginning of '17.
L1 a. Instead of venturing a guess/
18 would your best approximation, as you sit
19 here today, as to when wo::k began be in the
23 beqinning of 2411 ?
27 A. Yes,
22 O. And when you say "in the
23 beqinnlng, " would that be Janu a r y,
24 february. Mar:ch, or somethlng else?
25 A. January or Eebruary. Maybe
o
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023
Paqe 24
November L8, 2021"
a 1 JOSHUA MARKOV 1C S
2 even earl ier. It could be in maybe Augu s t
3 of '16 possibly.
4 O. Would you have any records back
5 aL yor-r place of bus iness or at your home
6 which would indicate when the work actually
1 began?
I A. I have to check the DOB website
9 if they st:i1l have a record of the permit.
10 rhe origina. perm-1.
11 O. Now/ in order for this work to
L2 be done at thi s bul1ding, did someone have
o 13
l4
to obtain permits from the City of
York?
New
15 A Y.<
76 0. Who obtalned those permits?
l1 A. Architects,
18 O. And who hlred the architect?
19 A. Yarcal CroJp.
20 0. Why did Marcal G.roup hire the
2L archltect?
22 A. Because they owned the property
23 for a while before we j oined. So they did
24 the whofe planning and arc
Preview
FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 rdqc -L November 18, 202L o SUPREME COURT OE THE STATE OE NEW YORK :::it: :: ANTON]O ESPINOSA, 1:r:: ____________x PLA]NT]FE, -against- Index No,: 515217 /2018 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. AND GILMAR DES]GN CORP., DE TEN DANT S . X MAC 6O LLC AND ROYAL HOME IMPROVEMENTS, e INC. . -againsr- TH ' I? D_ DAR-V PLAINII].FS/ GILMAR DES I GN CORPORATION, THIRD_PARTY DEEENDANT, --------x DATE: November 18, 2021- TIME: 11 . ?',] a M EXA}.I]NAT]ON BEEORE TRIAL of the Defendant, ROYAL HOME IMPROVEMENTS, INC., by a Witness, JOSHUA MARKOVICS, taken by the respect ive parties, pursuant to a Court Order, held via Zoom videoconference, before Caitlin M. Zaki k, a Notary Public of the Stal-e of New York. a I .t DEITZ Court Repor a Company 8 s FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 r UYL L November 78, 202L O 1 Z APPEARANCES 3 4 ORESKY & ASSOClATES, PLLC Attorneys for the Plaintiff 5 ANTONIO ESPINOSA 149 Fcsr l49rh St,reet Bronx. New York 10451 BY: JOHN J. NONNENMACHER, ESQ. 1 Elle #: 18-1005 I 9 KTERNAN TREBACH LLP ALtorneys for the Def endants /Third-Party Plalntiffs 10 MAC 60 LLC AND ROYAL HOME IMPRCVEMENTS. lNC. 11 ,l30: Frarkir Avenue, SuiLe 30I Garden Clty. New York 11530 o 72 13 BY: AEAF SUL] EMAN, ESQ. L4 RAWI,E & HENDERSON, LI, P Attorneys for the Defendant/Third-Party De fe ndant 15 GILMAR DES I GN CORPORATION 14 Wall Street, 27Lh Flaor 76 New York, New York i0005 BY: R]CHARD POLNER, ESQ, L1 18 \9 ?o 2L 22 23 24 25 o DEITZ Court Reportinq, .. A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 3 November 18, 2021 o 1 S T ] P U LAT I ON S 2 3 ]T ]S HEREBY STIPULATED AND 4 AGREED by and between (among) counsel for 5 the respective parties hereto, that: 6 1 AII rights provided by the I C,P.L.R., including the right to object to 9 any question, except as to form, or to move 10 to strike any test imony at this (these) 11 examinat ion (s ) . ar:e reserved, a nd, in 72 addit ion, the f ail-ure to obj ect to any o 13 l4 question or to move to st.rike any testimony at this (these) exam.ination (s) shall not be 15 a bar or waiver to make such motion at/ and 16 is reserved for the triaf of thi s act ion; 71 1B IT IS EURTHER STIPULATED AND 19 AGREED by and between(among) counsel for 20 the respective parties her:eto. that 2i thls (these ) examlnatlon (s ) may be sworn to 22 by the witness (es) being examined, be fore a 23 Notary Public other than the Notary PubIlc 24 before whom this (these) exam.ination (s) was 25 (were) begun; but r-he f a.i.Iure to do so, or o DEITZ Court Reporting... A Lexitas Company 800-678-01,66 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 November 78, 202L o 1 ST] PULAT ] ON S 3 to return the orlginal of this (these) 4 examinat ion (s) to counsel, shal l not be 5 deemed a waiver of the rights provided by 6 Rules 3116 and 3LL1 of the C.P.L.R., and 1 shal.l be con: ro tled L he reby; I 9 IT IS EURTHER ST]PULATED AND 10 AGREED by and between (among) counsel for 11 the respect11ve part ies h e::et o, that L2 this (these ) examination (s ) may be utilized o 13 74 for all purposes as provided by the .DTD. 15 16 ]T ]S EURTHER STIPULATED AND 71 AGREED by and between(among) counsel for 1B the respective parties hereto, that the 19 filing and certif ication of the orlginal of 2A thls (these) examinat ion (s ) shaIl be and the 2l same hereby are wa i ved; 22 23 IT IS E'URTHER ST]PULATED AND 24 AGREED by and between (among) counsef f or the respective part ie s hereto. that a copy t DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 ! u9u J November i8, 2021 a :_ ST]PULATlONS 2 3 of the within examinat ion (s ) shall be q furn.ished to counsel representing the 5 witness (es ) te st i fying, wlthout charge. 6 1 ]T IS FURTHER STIPULATED AND I AGREED by and between(among) counsel f or: 9 the respect rve part ies hereto, that all 10 right s provided by the C.P.L.R., and Part 11 227 of the Uniform Rules fo: the Conduct of 72 Depositions, including the right to obj ect o 13 74 to any question, except as to form, or to move to strike any test imony at this 15 examinat ion is re served; and in addit ion, 16 the failure to object to any question or to 1.1 move to strike any testimony at this 18 examination shal l not be a bar or waiver to L9 make such motion at. and is reserved to, 20 the t rial of this actlon. ?L 2? a1 24 a DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 6 November L8, 2021 a 1 JOSHUA MARKOV I CS 2 ,J O S H UA M A R K O V I C S, CAIfCd AS 3 a witness, having been first duly sworn by 4 a Notary Pubfic of the State of New York, 5 was examined and testi fied as foffows: 6 EXAMINATION BY 1 MR. NONNENMACHER: I O. Please state your name for the 9 .record. 10 A, Joshua Markovics. ii 0. What is your address? 7? A. 3004 Avenue L. 2nd Efoor, o 13 74 Brooklyn, New York 11210. O. Good morning/ Mr. Markovics. 15 My name is ,lohn Nonnenmacher and I'm an 16 attorney with Oresky & Associates. We 1l represent the plaintiff, Antonio Esplnosa. 18 I'm gorng to be askingt you son.e questlons 79 regarding an accident that occurred bac k in 2A January of 2018. 2t The address you lust gave us, 22 is that your horne address? a2 A. No. O. And can you tell me what's 7.5 located at 3004 Avenue L in Brooklyn? a DEITZ Court Reporting.. . A Lexitas Company 800-578-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 rdqc / November L8, ?027 o 1 JOSHUA MARKOV ] CS A, our of=ice. 3 O. And when you say "our office, " 4 what are you reier ri-ng to? inlhat's the name 5 of the company? 6 A. RoyaI Home Improvements. A. And does Royal hore I lmprovements go by any other name? 9 A. Royal Builders, 10 O. Does Royaf Home Improvements go 11 by the name of doing bus ines s as Royal l2 Builders? o 13 74 l O. V^c And what kind of company ls 15 Royaf Home Improvements? I6 A. General conrracLor. I1 0, And when you say "general 1B contractor, " can you explain to me what you 19 mean by the term general contractor? 23 A. We build residential and 2L comnercial houses either: for other people 22 ol occasicnal-1y for ourseives as a 23 developer. 24 A. And w'e- you say "as a 25 developer, " would that be to bui ld a o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Dfd- L uY! Q v November L8, 2021- o 1 JOSHUA MARKOVI CS 2 building for the purpose of selling it or 3 leasing it? 4 A. Cor]:ect . a. And Royal Home Improvements is 6 that a co.rporation? 1 A. Yes, I 0. And are there shareholders to 9 the corpo.ration? 10 A. Yes. 11 O. Is the corporation owned by you 72 and your brother? I 13 74 A. And our father. O. And who? 15 A. Our father. 16 O. So it's your father and you and l1 your brother Me na chem? 1l, A V^c 19 a. And do you go by any other 20 narnes or nicknames? 2L A. People call me Shea. 22 O. Anci do you know when Royal Horne 23 l mp r oveme nt s was fcrned? 24 A. Approxlmately 15 years ago, I 25 think. I don't know tne exact date. o DEITZ Court Reportlng... A Lexltas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 9 November L8, 2421 o 1 JOSHUA MARKOV I CS 2 0. Now, in 2018, did Royal Hcme 3 Improvement s have any employees? 4 A. Yes. 5 O. How many employees did they 6 have ? 1 A. I woufd say about. three or four. Maybe five. 9 O. Now, could you, your father, or 10 your brother Menachem perform a trade? In 11 other words, do construcl-icn wor:k? t2 A. No, o 13 TA O. The three to flve employees that you had back in January of ?018, could 15 they perform a trade? 16 A. No. )"1 0. We.re they administrative or 18 secretarial or something else? 19 A. Some were secretarial and some 2A were j ust in charge of bringing and ?7 delivering naterials. Not really material 22 but shovel snow and stuff . Minor stuff to the buifding as necessary. And some of ?4 them were in charge of j ust going to the 25 job site and oversee ing what the vendors a DEITZ Court Reporting... A Lexitas Company 800-578-0156 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 10 November 78, 2027 t 1 JOSHUA MARKOV ] CS ? were doing. 3 O. .is the ownership of Royal FIow 4 Home Improvements broken down? Is it 5 one-third/one-third/one-thard or something 6 else? A, I believe -- ra'l king abour B today or: back then ? 9 0. Welf, let's talk about in 2018. 10 A. Then I be.Lieve it was basical.Iy t1 my father was 95 percent and maybe me and ).2 my brother were 5 percent each -- I mean, o 13 L4 whatever. We spllt the rest. 0. Ano wnac is it Loday? t5 A. I believe today it's 45/45 for 76 me and my brother and maybe 10 for my L1 f ather. 18 O. And as a general conlractor has L9 Rcyaf Home Improvements ever had an 2C elnpf oyee that could pe:fcrn a t.rade? 2L A. Yes. A long time ago. Maybe 22 back in 2Al3 or '14 and then we su/itched to 23 using vendors. 24 0. Since that date, has Royaf Home Improvements employed anybody who could a DEITZ Court Reportinq.. . A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 1l November 1-8, 2421 o 1 JOSHUA MARKOVI CS perform a t rade ? 3 A. The only type of people that we 4 have employed that can perform a trade are 5 maybe people who can do I ight housekeeping 6 or minor fixing of rai I ings and stuf f l-Lke I that. No heavy work. I 0. Would that be more maintenance 9 type of work? 10 A. Yes, 11 0. So, as a general contractor -- l2 A. More housekeeping than o 13 L4 maintenance I would say. O. So, as a general contractor, 15 does Royal Home Improvements get the job 16 and then suhcont ract the wor:k out? 71 A. Yes. 1B 0. And what is your highest ievel 19 of education? ?a A, I have a master's. 2L O. And what is your master's in? tt A, Phy s ica.I the.rapy. ?3 O. Physical therapy? 24 A, Yes. O, And have yoi ever performed o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Paqe L2 November 78, 2027 o 1 JOSHUA MARKOV I CS 2 construction work? 3 A I built a shed when I was 16 4 years o1d. 5 O. Aside from i:uilding a shed whe n 6 you were 16, have you ever been employed by 1 a construction company? B A. I mean. except for my f ather's 9 company. 10 0. Did your f ather: have a 11 construction company other than Royal Home t2 Inp r oveme nt s? o 13 l4 0. A. Yes. l{ere you employed by your 15 father in a capaclty where you performed 16 construct ion work? 71 A. Not reaffy. More the driver 1B and g::aduaily growing into administratlve. 19 0. Now. aside from being one of 2A the owners of Royal Home Imp.rovements, do 2l you have any othe r titles? 22 A. t\ot reall.y. I have a safely super's ijcense if that's what you're 24 --t-l- i r^ r+ 25 O. You have a safety super's a DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 13 November T8, 2021 o 1 JOSHUA MARKOVI CS 2 license; is that what you said? 3 A. Yes. 4 O. What I mean by that is within 5 the corporatlon is there a pres ident. a 6 vice president, a treasure.r, a secreta.ry, 1 or anything e.Ise? 8 A. We don't really have those 9 classif ications. 10 0. When did you get your safety 11 supervisor's Iicense? L2 A. I want to say seven years ago. a 13 l4 . Lhink six or seven years ago. O. And where did you get that 15 from? 16 A Erom one of these s choof s that L1 offers the classes. I thlnk it was maybe 18 Dunn Co, I don't really rer,rember who I got r9 it from. ?n O. It wasn't from OSHA; was it? 2L A. Wel1, I have an OSHA 30 as well ?2 which arso I got f r:om one of these courses. 23 o. And why did you get that? A. Because the bui lding department requires people that work on the job site o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 14 November 18, ?A?l a 1 JOSHUA MARKOV I CS 2 to have certain licenses. So, even though 3 I don't really need it per se for what I 4 do, sometimes it's better to have it. 5 O. And when dld you get your OSHA 6 30? '1 A. I think the same time back 8 then. 9 O. And is your OSHA 30 card 10 up-to-date? 11 A. Ye s . L2 O. Was it up-to-date 1n January of o 13 74 2018? A. 15 O. Aside from being an owner of 16 Roya 1 Home Improvements, did you have any 71 duties and respons ibrl it ies of golng to job 1B 19 A. Occasionally, 20 O. Aslde from yourself, did anyone 2L else associated with Royal Home 22 Improvements gc to job sites like your dad or your brother? 24 A. Both of them. O. And would they go to the job o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 15 November I8, 202I o 1 JOSHUA MARKOV I CS ? sites s/ith any frequency? 3 A. Yeah. My brother would go 4 pre1-ty frequently. My father would go to 5 different job sltes frequently. They 6 dldn't really go to the same sites 1 necessarily. And then there were proj ect I managers that went more frequently. 9 O. And when you say "project 10 managers, " is that somebody lhat was 11 employed by Royal Home fmprovements or was L2 that somebody who was contracted? I 13 74 A. Employed by Royal Home Improvements, 15 O. In 2018, did Royal Home 16 Improvements employ a project manager? l1 A \r'-c 18 O. Who was the pro j ec'- manager 19 that Royaf Home Improvements hired? 20 A. In generaf or for a speciflc 2L project? 22 O. I'm qoing to come back to that. 23 Are you familiar wir-h a 24 bui ldlng 2357 60th Street 1n Brooklyn? 25 A. Yes. o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 16 November 18, 2021- a t JOSHUA MARKOV I CS 2 0. And what do you base that 3 fami l iar it y on? 4 A. A project that we partnered up 5 with Marcal Group. We were the 6 contractors. We were part owners. We ran 1 the proj ect . That's my familiarity with 8 ir. I Now, back rn 2078, do you know 10 who the owners of 2351 60th St reet wer:e? 11 A.I think the name was -- not 72 Marcaf Group. Maybe MAC 60 LLC I befleve t 13 l4 was the name. O. Yes. Now. do you know who made 15 up MAC 60 LLC? Who were the memtrers of the l6 limited liability corporation? 71 A. I don't rea I ly know offhand. 1B I f you want me to quess, I can take a t9 guess. 2A 0. I don't wa ntyou to guess, but 2L could you give me an approximaticn? You 22 know whac? I don': want you to Euess. 23 Were you a member of LlldL L!' i 24 A. We had an LLC that was a member 25 U-L Lltd - LLL / Ye5. o DEITZ Court Reporting.. . A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 17 November 18, 2021 t 1 JOSHUA MARKOV I CS ? 0. And when you say you had an 3 LLC, what was the name of that LLC? 4 A. I belreve i.t was 2357 EMAC 5 ma ybe . 6 O. Would you have any records at 1 your home o.r your pface of business wh 1ch I wculd indicate what company you operated 9 that formed an ownership in MAC 60 LLC? 1C Does tha-., make sense ? In other words. 11 something that you have that would 1-eI1 me 72 what the real name is or .if that ' s the a 13 L4 name ? A, Erom my recollection. I think 15 that was the name. 2357 EMAC. 16 O, When you say that we had an 11 ownership in MAC 60 LLC, aside from 18 yourself , was there anyone else who owne d I9 2357 EMAC? Was it your dad and your 20 broaher, j ust you, or somebody else? 21 A. No. It was me and my brother 22 and my br:other's father-in-law. 23 a. What is your brother's 24 father's-in-Iaw name? A. Yech i el Bronbe-9. a DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 D-na ! uYu 1Q re November L8, 2027 o 1 JOSHUA MARKOV ] CS 2 0. And your dad was not associated 3 with this LLC ? 4 A. No . 5 O. What was the business purpose 6 Of 2357 EMAC? 7 A. Be a member of MAC 60 LLC. I O. Was there any agreemenls that 9 were made between the entlties that made up 10 MAC 60 LLC ? 11 A. I'm sure there were. l2 O, WelI, do you have copies of any a 13 74 of those agreements? Have you seen any of those agreements ? 15 A. I'm not sure if we stil1 have 16 them. but the agreements woufd probably say 7l that we're members of that company and that 18 we're building the buildlng or: that RoyaL 79 is building the bui Iding and that we're 2A spl itt ing the pro fit s 50/50. 2t O. As.ide from 2357 EMAC, do you 22 know the name of any other entity that was /-1 a part owner of MAC 60 LLC? 24 A. Probably Marcal Group. 25 O. You mentioned The Marcal Group a DEITZ Court Reporting... A Lexitas Company 800-678-0156 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 19 November 1.8, 2021 o 1 JOSHUA MARKOV I CS 2 before, What is The Marcal Group? 3 A. They' re another developer that 4 develops buildings in B roo k 1yn. 5 O. Now, what was the business 6 purpose of MAC 60 LLC? A. To purchase and develop Lhe 8 property at 2357 6 0th Street and origlnally 9 to lease it out and keep it. 10 O. Did MAC 60 LLC purchase any 11 other property other than 2357 60th Street? L? A. No. a 13 I4 0. Was the business purpose of MAC 60 LLC sole]y to purchase and develop 2351 15 6 0th Street? 76 A. Yes. l1 O. Do you know when 2357 60th ]B S-" reet was purchased? 19 A. I think sometlme in 2000- -- 2A end of '76 or early '17 would be my guess. 21 O. When the property was 22 purchased. what was on it? 23 A. Empty lot . 24 0. Now, was somebody hired to 2-5 perform excavat ion at 2357 60th Street? o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Dr^d ! uvL ?n av November 18, ?02L o 1 JOSHUA MARKOV I CS 2 A Yac 3 O. Did MAC 60 LLC hire Royal Home 4 fmprovements to act as the general 5 cont ractor for the work that was going to 6 be performed the re ? 1 A. Yes. I O. And did Rcyal Home Improvements 9 hrre anybody to do the excavation? 10 11 0. Do you remember who t-hey hired? t? A. Pauf Toth. o 13 L4 0. A. Who ? Pdul Toth Fxcavation. 15 O. And wet:e they hired by Royal 76 Home Improvements pursuant to a written 71 subcontract? 18 A. YeS. 19 O. Did you siqn thaL subcontract 20 on behaff of RoyaI Horne Improvements? 2L A, I don't renember . 22 O. And following the excavation 23 woi:k was the next stagte foundation work? 24 A. Correct. It happened 25 simultaneously. o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 21 November L8, 2A2l o 1 JOSHUA MARKOVI CS 2 O. And dld Royal Home Improvements 3 hire a company to do the foundation work? 4 A. Yes, 5 O. Was thar Paul lorh Lxcavation 6 or was rhar somebody eJse? A. Somebody e1se. B O. hlho was that? 9 A. That was Eu.ropa Construction. 10 O. And did Royal Home Imp.rovements 11 hire Europa Construct ion pursuant to a L2 written subcont.ract ? a 13 t4 A. 0. I think so. Now, after the foundation work, 15 the next job in the sequence, was it 15 framing or somethlng else? ).1 A. It's sort of a combination of 18 CMU work. framing. and steelwork in 19 conjunction with each othe r . Not alI at 2A the same time, but stage by stage. 27 O. What was this building going to 22 be used for? Residential? Commercial? 23 Comb.ination of both? Something eise? A. Commercial . 25 O. And did MAC 60 LLC. to your O DEITZ Court Reporting.,. A Lexitas Compa.ny 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Drdd L4YL ?, LL November L8 | 2021- o 1 JOSHUA MARKOV ] CS 2 knowledge. or Royal Home Improvements 3 al ready :rave a LenanL in p aceI 4 A. They drd not. 5 O. Now. what was going to be the 6 size of this building in terms of floors? 1 A. I believe iL was four srories I and a basemenl. 9 0. And is the buifding completed? 10 A. Yes. 11 0. And did Rcyal Hone Improvements 12 doinq bus ine s s as Royal Builders hire af l a 13 74 of the subcontractors to build thl s building? that performed work 15 A YAQ 16 O. And were all of the 11 subcontractors h.ired pursuant to a w.ritten LB subcontracr, ? 19 A. I don't know if I would say 20 all. but most. 2t 0. Do you know off the top of ycur head wha: s ubcont ra cto r s were hired withcut 23 a written contract ? 24 A. it's no l. Lhat they were hired without a written contract. A lot of times o DE:TZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Page 23 November 18, 2021 o t JOSHUA MARKOV ] CS 2 what happens is we get quotes and those 3 quotes become the contracts without 4 actual Iy t.urning it into an official 5 contract. 6 O. Dio you rece i ve any proposals 1 from companies that became the contract? B A. Yes. 9 0. When did the work at this site 10 11 A. That is a good question. L2 O. You don't think the other o 13 l4 quest ions were good? A. This is an especially good 15 question. If I had to venture a guess/ f L6 would say sometime in the beginning of '17. L1 a. Instead of venturing a guess/ 18 would your best approximation, as you sit 19 here today, as to when wo::k began be in the 23 beqinning of 2411 ? 27 A. Yes, 22 O. And when you say "in the 23 beqinnlng, " would that be Janu a r y, 24 february. Mar:ch, or somethlng else? 25 A. January or Eebruary. Maybe o DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:25 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 04/26/2023 Paqe 24 November L8, 2021" a 1 JOSHUA MARKOV 1C S 2 even earl ier. It could be in maybe Augu s t 3 of '16 possibly. 4 O. Would you have any records back 5 aL yor-r place of bus iness or at your home 6 which would indicate when the work actually 1 began? I A. I have to check the DOB website 9 if they st:i1l have a record of the permit. 10 rhe origina. perm-1. 11 O. Now/ in order for this work to L2 be done at thi s bul1ding, did someone have o 13 l4 to obtain permits from the City of York? New 15 A Y.< 76 0. Who obtalned those permits? l1 A. Architects, 18 O. And who hlred the architect? 19 A. Yarcal CroJp. 20 0. Why did Marcal G.roup hire the 2L archltect? 22 A. Because they owned the property 23 for a while before we j oined. So they did 24 the whofe planning and arc