Preview
FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023
FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023
March 7, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ANTONIO ESPINOSA,
Plaintiff,
-against- Index No.:515277/2018
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC,
Defendants.
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MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.,
Third-Party Plaintiffs,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
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March 7, 2022
10:00 A.M.
LEXITAS REPORTING
EXAMINATION BEFORE TRIAL of GILMAR DESIGN
CORPORATION, a Third-Party Defendant, in the
above-entitled action, by MARAT GILMANOV, held
at the above time and place pursuant to Order,
taken before Peter Toth, a reporter and Notary
Public within and for the State of New York.
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(2) A P P E A R A N C E S
(3) ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
(4) 149 East 149th Street
Bronx, New York 10451
(5) BY: EDWARD FORD, ESQ.
(6)
KIERNAN TREBACH, LLP
(7) Attorneys for Defendant
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.
(8) 1305 Franklin Avenue, Suite 301
Garden City, New York 11530
(9) BY: AFAF SULIEMAN, ESQ.
(10) RAWLE & HENDERSON, LLP
Attorneys for Defendant
(11) GILMAR DESIGN CORPORATION
14 Wall Street, 27th Floor
(12) New York, New York 10005
BY: RICHARD POLNER, ESQ.
(13)
(14)
ALSO PRESENT: LANA GLAZ, EIBER RUSSIAN
(15) INTERPRETER
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
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(2) STATE OR USUAL STIPS
(3) 221. UNIFORM RULES FOR THE CONDUCT OF
(4) It is hereby stipulated and agreed by and
(5) between counsel for all parties present that
(6) pursuant to CPLR section 3113(d) this
(7) deposition is to be conducted by video
(8) conference, that the court reporter, all
(9) counsel, and the witness are all in separate
(10) remote locations and participating via
(11) Videoconference (LegalView/Zoom) meeting under
(12) the control of Lexitas Court Reporting
(13) Service, that the officer administering the
(14) oath to the witness need not be in the place
(15) of the deposition and the witness shall be
(16) sworn in remotely by the court reporter after
(17) confirming the witnesses identity, that this
(18) video conference will not be recorded in any
(19) manner and that any recording without the
(20) express written consent of all parties shall
(21) be considered unauthorized, in violation of
(22) law, and shall not be used for any purpose in
(23) this litigation or otherwise. It is further
(24) stipulated that exhibits may be marked by the
(25) attorney presenting the exhibit to the
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(2) witness, and that a copy of any exhibit
(3) presented to a witness shall be emailed to or
(4) otherwise in possession of all counsel prior
(5) the any questioning of a witness regarding the
(6) exhibit in question. All parties shall bear
(7) their own costs the conduct of this deposition
(8) by video conference notwithstanding the
(9) obligation by CPLR to supply a copy of the
(10) transcript to the deposed party by the taking
(11) party in civil litigation matters.
(12) DEPOSITIONS
(13) 221.1 Objections at Depositions (a) Objections
(14) in general. No objections shall be made at a
(15) deposition except those which pursuant to
(16) subdivision (b),(c),or (d) of Rule 3115 of the
(17) Civil Practice Law and Rules, would be waived
(18) if not interposed, and except in compliance
(19) with subdivision (e) of such rule. All
(20) objections made at a deposition shall be noted
(21) by the officer before whom the deposition is
(22) taken, and the answer shall be given and the
(23) deposition shall proceed subject to the
(24) objections and to the right of a person to
(25) apply for appropriate relief pursuant to
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(2) Article 31 of the CPLR. (b) Speaking
(3) objections restricted. Every objection raised
(4) during a deposition shall be stated succinctly
(5) and framed so as not to suggest and answer to
(6) the deponent and at the request of the
(7) questioning attorney shall include a clear
(8) statement as to any defect in form or other
(9) basis of error or irregularity. Except to the
(10) extent permitted by CPLR Rule 3115 or by this
(11) rule, during the course of the examination,
(12) persons in attendance shall not make
(13) statements or comments that interfere with the
(14) questioning.
(15) 221.2 Refusal to answer when objection is
(16) made. A deponent shall answer all questions at
(17) a deposition except (i) to preserve a
(18) privilege or right of confidentiality, (ii) to
(19) enforce a limitation set forth in an order of
(20) the court or (iii) when the question is
(21) plainly improper and would if answered cause
(22) significant prejudice to any person. An
(23) attorney shall not direct a deponent not to
(24) answer except as provided in CPLR Rule 3115 or
(25) this subdivision. Any refusal to answer or
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(2) direction not to answer shall be accompanied
(3) by a succinct and clear statement of the basis
(4) therefor. If the deponent does not answer a
(5) question the examining party shall have the
(6) right to complete the remainder of the
(7) deposition.
(8) 221.UNIFORM RULES FOR THE CONDUCT OF
(9) DEPOSITIONS
(10) 221.3 Communication with the deponent. An
(11) attorney shall not interrupt the deposition
(12) for the purpose of communicating with the
(13) deponent unless all parties consent or the
(14) communication is made for the purpose of
(15) determining whether the question should not be
(16) answered on the grounds set forth in section
(17) 221.2 of these rules and in such event the
(18) reason for the communication shall be stated
(19) for the record succinctly and clearly.
(20) IT IS FURTHER STIPULATED AND AGREED that the
(21) transcript may be signed before a Notary
(22) Public with the same force and effect as if
(23) signed before a clerk or a Judge of the court.
(24) IT IS FURTHER STIPULATED AND AGREED that the
(25) examination before trial may be utilized for
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(2) all purposes as provided by the CPLR. IT IS
(3) FURTHER STIPULATED AND AGREED that all rights
(4) provided to all parties by the CPLR cannot be
(5) deemed waived and the appropriate sections of
(6) the CPLR 5
(7) IT IS FURTHER STIPULATED AND AGREED by and
(8) between the attorneys for the respective
(9) parties hereto that a copy of this examination
(10) shall be furnished without charge to the
(11) attorneys representing the witness testifying
(12) herein.
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
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(1) M. GILMAR 8
(2) L A N A G L A Z, the interpreter, was duly
(3) sworn by a Notary Public of the State of
(4) New York to translate the questions from
(5) English to Russian and the answers from
(6) Russian to English to the best of her
(7) ability.
(8) M A R A T G I L M A N O V, the witness
(9) herein, having been duly sworn by a
(10) Notary Public of the State of New York,
(11) was examined and testified as follows:
(12) EXAMINATION BY
(13) MS. SULIEMAN:
(14) Q State your name for the record,
(15) please.
(16) A Marat Gilmanov.
(17) Q State your address for the record,
(18) please.
(19) A 1773 East 19th Street, Suite 4A,
(20) Brooklyn, New York 11229.
(21) COURT REPORTER:
(22) It is hereby Stipulated and agreed by and
(23) between counsel for all parties present that
(24) pursuant to CPLR section 3113(d) this
(25) deposition is to be conducted by video
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(1) M. GILMAR 9
(2) conference, that the court reporter, all
(3) counsel, and the witness are all in separate
(4) remote locations and participating via
(5) Videoconference (LegalView/Zoom) meeting under
(6) the control of Lexitas Court Reporting
(7) Service, that the officer administering the
(8) oath to the witness need not be in the place
(9) of the deposition and the witness shall be
(10) sworn in remotely by the court reporter after
(11) confirming the witnesses identity, that this
(12) video conference will not be recorded in any
(13) manner and that any recording without the
(14) express written consent of all parties shall
(15) be considered unauthorized, in violation of
(16) law, and shall not be used for any purpose in
(17) this litigation or otherwise. It is further
(18) stipulated that exhibits may be marked by the
(19) attorney presenting the exhibit to the
(20) witness, and that a copy of any exhibit
(21) presented to a witness shall be emailed to or
(22) otherwise in possession of all counsel prior
(23) to any questioning of a witness regarding the
(24) exhibit in question. All parties shall bear
(25) their own costs the conduct of this deposition
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(1) M. GILMAR 10
(2) by video conference notwithstanding the
(3) obligation by CPLR to supply a copy of the
(4) transcript to the deposed party by the taking
(5) party in civil litigation matters. Everyone
(6) agree or so stipulate?
(7) MR. FORD: Stipulated.
(8) MR. POLNER: Stipulated.
(9) MR. FORD: Stipulated.
(10) COURT REPORTER: Will the witness
(11) please show their government issued ID.
(12) WITNESS: (Complies.)
(13) MR. FORD: Let's mark these.
(14) (Handwritten mason estimate was
(15) marked as Defendant's Exhibit(s) A for
(16) identification, as of this date.)
(17) (Gilmar typed proposal 062917 was
(18) marked as Defendant's Exhibit(s) B for
(19) identification, as of this date.)
(20) (Gilmar Hold Harmless agreement was
(21) marked as Defendant's Exhibit(s) C for
(22) identification, as of this date.)
(23) (Gilmar certificate of insurance
(24) was marked as Defendant's Exhibit(s) D
(25) for identification, as of this date.)
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(1) M. GILMAR 11
(2) (Royal Builder site specific safety
(3) plan was marked as Defendant's Exhibit(s)
(4) E for identification, as of this date.)
(5) MR. FORD: Good morning, Mr.
(6) Gilmanov. My name is Afaf Sulieman. You
(7) can refer to me as Faye if that's easier.
(8) I am with the law firm of Kiernan,
(9) Trebach. We represent Mac 60, LLC and
(10) Royal Home Improvements in this matter
(11) brought by the plaintiff Antonio
(12) Espinosa.
(13) THE WITNESS: Okay. I understood
(14) everything.
(15) MS. SULIEMAN: I will be asking you
(16) a series of questions today. I ask that
(17) you -- even if you think you can
(18) anticipate the question, you allow me to
(19) finish asking the question before you
(20) respond.
(21) THE WITNESS: All right.
(22) MS. SULIEMAN: If you do not
(23) understand a question, please let me
(24) know, and I will repeat it or rephrase it
(25) until you are able to understand it.
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(1) M. GILMAR 12
(2) THE WITNESS: All right.
(3) MS. SULIEMAN: Please keep all of
(4) your responses verbal because the court
(5) reporter cannot take down nods of the
(6) head or any type of gestures.
(7) THE WITNESS: All right.
(8) MS. SULIEMAN: And I ask that you
(9) keep your voice loud -- keep your voice
(10) up loudly so that the interpreter can
(11) hear you and we get a proper
(12) interpretation of the questions and
(13) answers.
(14) THE WITNESS: All right.
(15) MS. SULIEMAN: And if at any
(16) time --
(17) INTERPRETER: The witness is asking
(18) if that's loud enough, and I'm asking the
(19) witness to speak a little louder.
(20) MR. FORD: Yeah, I would say a
(21) little louder, please.
(22) THE WITNESS: Okay.
(23) MS. SULIEMAN: If at any time you
(24) need a break, restroom or any other
(25) reason, just let us know and we are happy
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(1) M. GILMAR 13
(2) to accommodate you.
(3) THE WITNESS: All right.
(4) Q Mr. Gilmanov, what is your date of
(5) birth?
(6) A January 23, 1964.
(7) Q And earlier you provided an address
(8) 1773 East 19th Street, Suite 4A, Brooklyn, New
(9) York 11229, and so that is your business
(10) address?
(11) A Yes.
(12) Q For Gilmar Design Corporation?
(13) A Yes.
(14) Q What is your home address?
(15) MR. POLNER: Over objection. He's
(16) not here as an individual, he's here on
(17) behalf of a company. If you want, we
(18) will be happy to accept a subpoena on
(19) behalf of him.
(20) MS. SULIEMAN: That's fine.
(21) MR. POLNER: He's giving his
(22) business address he doesn't need to give
(23) his home.
(24) MR. FORD: That's fine. As long as
(25) your counsel is willing to accept a
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(1) M. GILMAR 14
(2) subpoena on behalf of the witness at the
(3) time of trial, I have no problem with
(4) that.
(5) Q What is your highest level of
(6) education?
(7) A Bachelor and masters degree of
(8) civil engineering(English).
(9) INTERPRETER: I just like the
(10) witness to please speak Russian if
(11) possible for the adequacy of the
(12) protocol.
(13) A Okay. I have a civil engineering
(14) education.
(15) Q And you said bachelors and a
(16) masters degree in civil engineering?
(17) A Yes.
(18) Q Where did you obtain your bachelors
(19) in civil engineering?
(20) A In Russia.
(21) Q And your masters degree?
(22) A Also Russia.
(23) Q What was the name of the university
(24) where your -- was it the same as -- withdrawn.
(25) Did you obtain your bachelors and
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(1) M. GILMAR 15
(2) master degree in civil engineering at the same
(3) university in Russia or at different
(4) universities?
(5) A The same.
(6) Q What is the name of that
(7) university?
(8) A Saint Petersburg Institute of Civil
(9) Engineering.
(10) Q Have you ever used any aliases or
(11) gone by any other name besides the name you've
(12) given today Marat Gilmanov?
(13) A No.
(14) Q Have you ever filed for bankruptcy
(15) in the United States?
(16) A No.
(17) Q Are you a United States citizen?
(18) A Yes.
(19) Q Did you immigrate to the United
(20) States from Russia?
(21) A Yes.
(22) Q What year did you immigrate to the
(23) United States?
(24) A 1998.
(25) Q What type of Visa did you enter on
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(1) M. GILMAR 16
(2) into the United States?
(3) THE WITNESS: What does that have
(4) to do with the case?
(5) MR. FORD: The questions have to be
(6) answered, I don't have to respond to
(7) questions.
(8) MR. POLNER: Mr. Gilmanov, as your
(9) counsel understand she has a right to ask
(10) certain questions if there isn't an
(11) underlying privilege or if it isn't
(12) information that is otherwise protected
(13) she has a right to ask even though it's
(14) not relevant to the facts of the case.
(15) THE WITNESS: I thought those were
(16) personal questions unrelated to this.
(17) MR. POLNER: Right, but it might be
(18) personal information, but it's not a
(19) constitutionally protected informations
(20) that you don't have to answer. Like I
(21) said it may not be relevant to the case
(22) and it may never be discussed if the
(23) matter proceeds to trial, but she has a
(24) right to ask.
(25) THE WITNESS: Okay. Understood.
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(1) M. GILMAR 17
(2) MR. POLNER: But you have to
(3) answer, Mr. Gilmanov.
(4) A I came on the guest Visa and got
(5) married here.
(6) Q When did you become a United States
(7) citizen?
(8) A 2006.
(9) Q Is Russia your first primary
(10) language?
(11) A I'm Tartar by nationality, I am not
(12) Russian.
(13) INTERPRETER: Oh, strike that it's
(14) T-A-T-A-R is the spelling.
(15) Q What is your first language?
(16) A Russian.
(17) Q All right. Have you -- since
(18) coming to the United States in 1998, have you
(19) ever been arrested?
(20) A No.
(21) Q Have you ever given a deposition
(22) before like we're doing today?
(23) A Yes.
(24) Q And how many times have you given a
(25) deposition?
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(1) M. GILMAR 18
(2) A Once.
(3) Q Did you review any documents in
(4) preparation for your deposition today?
(5) A Yes.
(6) Q What documents did you review in
(7) preparation for your deposition?
(8) THE WITNESS: Which documents?
(9) MS. SULIEMAN: Yes, I'm asking what
(10) documents or materials he reviewed to
(11) prepare for his deposition.
(12) A Proposal form of agreement,
(13) certificate of liability insurance, the claim
(14) from Mr. Espinosa. Workers' Compensation
(15) paper.
(16) MR. POLNER: Mr. Toth, read that
(17) back.
(18) (Whereupon, the requested portion
(19) was read back by the reporter.).
(20) INTERPRETER: I believe the first
(21) document interpreter was proposal; is
(22) that what you said?
(23) COURT REPORTER: Proposal form of
(24) agreement, yes.
(25) MS. SULIEMAN: Read it back again.
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(1) M. GILMAR 19
(2) (Whereupon, the requested portion
(3) was read back by the reporter.).
(4) Q Mr. Gilmanov, did you review a
(5) document entitled Hold Harmless Agreement?
(6) A Yes, it's with me.
(7) Q The proposal that you reviewed was
(8) that a handwritten or a typed written
(9) proposal?
(10) A Printed.
(11) Q Printed, you mean typewritten?
(12) A A computer.
(13) Q Did you is that the -- are you
(14) referring to proposal 062917 masonry work?
(15) A Yes.
(16) Q Other than your attorney do not
(17) tell me anything you discussed with your
(18) attorney, but other than your attorney, did
(19) you speak to anyone about the case to prepare
(20) for your deposition?
(21) A No.
(22) Q At any time after the complaint was
(23) filed or that Gilmar Design Corporation was
(24) sued in this action, were you asked to perform
(25) a search for documents?
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(1) M. GILMAR 20
(2) THE WITNESS: By who?
(3) MS. SULIEMAN: By your attorney, I
(4) assume it would be your attorney.
(5) MR. POLNER: Note my objection as
(6) you are asking him a question about
(7) attorney client privilege conversations
(8) that he had with his attorney.
(9) MR. FORD: I'm not asking, it's not
(10) a privilege to ask if he was asked to
(11) search for documents.
(12) MR. POLNER: But, Faye, you're
(13) asking him if he searched for documents
(14) that's one thing. If you are asking if
(15) his attorney had a conversation with him
(16) about searching for documents, it's a
(17) little bit different, don't you think?
(18) MR. FORD: I didn't say a
(19) conversation, I asked was he asked to
(20) search for documents.
(21) MR. POLNER: Right, by his attorney
(22) that's what you asked. I'm saying take
(23) out the attorney part and charge a new
(24) one.
(25) MR. FORD: Who else asked him,
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(1) M. GILMAR 21
(2) Richard, to search for documents then?
(3) MR. POLNER: Then Faye, it doesn't
(4) matter.
(5) MR. FORD: All right, withdrawn.
(6) MR. POLNER: Rephrase it, just
(7) rephrase the question.
(8) MR. FORD: I'll rephrase it.
(9) Q Mr. Gilmanov, at any time since
(10) Gilmar Design Corporation was brought into
(11) this action did you perform a search for
(12) documents related to the project at 2357 60th
(13) Street, Brooklyn, New York 11204?
(14) THE WITNESS: Repeat the question.
(15) Q At any time since Gilmar Design
(16) Corporation was sued in this action did you
(17) perform a search for project related documents
(18) regarding the project and work Gilmar Design
(19) Corporation performed at 2357 60th Street,
(20) Brooklyn, New York 11204 such as meeting
(21) minutes, incident reports, employment records,
(22) employment files or any other --
(23) INTERPRETER: Counsel, just want to
(24) remind you, you have to give me time.
(25) MR. FORD: All right.
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(1) M. GILMAR 22
(2) Q -- such as including but not
(3) limited to, let me put it that way, meeting
(4) minutes, incident reports, employment records?
(5) A I never looked for or prepared such
(6) documents.
(7) Q Whether he performed a search for
(8) documents either created, received by,
(9) maintained by Gilmar Design Corporation,
(10) anything related to the project at 2357 60th
(11) Street, Brooklyn, New York 11204.
(12) A I never looked for anything,
(13) everything that there is there I have it on my
(14) table.
(15) MR. POLNER: Faye, let me just ask
(16) quickly, now, Mr. Gilmanov, whether the
(17) search was done by you or someone else in
(18) your office, was anyone ever asked for
(19) documents related to the construction
(20) project that's the subject of this
(21) lawsuit, like, the contract between
(22) Gilmar Design Corporation and Royal Home
(23) Improvements?
(24) THE WITNESS: No.
(25) MR. POLNER: Okay.
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(1) M. GILMAR 23
(2) Q Mr. Gilmanov, do you understand
(3) English?
(4) A Yes.
(5) Q Do you speak English?
(6) A Yes.
(7) Q Do you read and write English?
(8) A Yes.
(9) Q Do you speak Spanish?
(10) A No.
(11) Q How do you communicate with your
(12) employees and customers?
(13) A In English.
(14) Q Do you hold any type of
(15) certifications?
(16) THE WITNESS: What kind of
(17) certificates?
(18) MS. SULIEMAN: Let me withdraw that
(19) and ask it a different way.
(20) Q Since coming to the United States,
(21) did you undertake any course of study?
(22) A Sure.
(23) Q What was it?
(24) A Those were classes of safety --
(25) strike that -- on safety measures, all the
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(1) M. GILMAR 24
(2) classes necessary for production works.
(3) Q For -- what was the last part?
(4) A All the classes necessary for
(5) production works.
(6) Q Can you tell me what you mean by
(7) production works?
(8) A I took safety measures courses and
(9) other courses related and necessary to my jobs
(10) as the subcontractor.
(11) Q Can you please list for me each
(12) course you have taken related to safety and
(13) courses related to your subcontractor work,
(14) the course that was taken, when it was taken,
(15) and whether you received any type of
(16) certificate for each course?
(17) A All the courses and classes I've
(18) ever taken are performed in digital format and
(19) are embedded in a card. I can bring the card
(20) now or ask my wife to do so.
(21) MS. SULIEMAN: If you have it in
(22) your possession that's fine. We are not,
(23) you know, we are not going ask your wife
(24) to go out of her way to bring it. If you
(25) have it today, you can show it to us,
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(1) M. GILMAR 25
(2) provide it to us. If not you can provide
(3) it to your attorney later who in turn
(4) will provide it to us.
(5) MR. POLNER: Now, Faye, you can
(6) serve a written demand for his
(7) certification cards or licenses, again, I
(8) don't know what the relevance is, but why
(9) don't you put it in writing and I will
(10) take it under advisement.
(11) MR. FORD: Well, I don't know until
(12) I see it.
(13) MR. POLNER: Well, that's great but
(14) like I said, put it in writing and we'll
(15) take it under advisement.
(16) Q And if I understood you correctly,
(17) the courses that you took in safety and
(18) regarding construction work, these courses
(19) were to help you with work you did for Gilmar
(20) Design Corporation?
(21) A Yes, with Gilmar Design Corporation
(22) and other companies.
(23) Q Are you OSHA certified?
(24) MR. POLNER: Over my objection.
(25) You can answer.
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(1) M. GILMAR 26
(2) A Yes.
(3) Q What OSHA certification do you
(4) hold?
(5) A A license, the courses that I took
(6) with OSHA.
(7) Q Was that OSHA ten, OSHA thirty, or
(8) something else?
(9) A Yes.
(10) MR. POLNER: Mr. Gilmanov, she is
(11) asking specifically which OSHA
(12) certifications do you hold, do you have a
(13) ten hour card, a thirty hour card, a
(14) forty hour card, an OSHA scaffolding
(15) card, things like that.
(16) A All of the above mentioned, but my
(17) attorney I have.
(18) Q Do you have OSHA ten?
(19) A Yes.
(20) Q And you're OSHA thirty certified?
(21) A Yes.
(22) Q
Preview
FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 March 7, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------X ANTONIO ESPINOSA, Plaintiff, -against- Index No.:515277/2018 MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC, Defendants. ---------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC., Third-Party Plaintiffs, -against- GILMAR DESIGN CORPORATION, Third-Party Defendant. ---------------------------------------------X March 7, 2022 10:00 A.M. LEXITAS REPORTING EXAMINATION BEFORE TRIAL of GILMAR DESIGN CORPORATION, a Third-Party Defendant, in the above-entitled action, by MARAT GILMANOV, held at the above time and place pursuant to Order, taken before Peter Toth, a reporter and Notary Public within and for the State of New York. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 2] March 7, 2022 (2) A P P E A R A N C E S (3) ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff (4) 149 East 149th Street Bronx, New York 10451 (5) BY: EDWARD FORD, ESQ. (6) KIERNAN TREBACH, LLP (7) Attorneys for Defendant MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. (8) 1305 Franklin Avenue, Suite 301 Garden City, New York 11530 (9) BY: AFAF SULIEMAN, ESQ. (10) RAWLE & HENDERSON, LLP Attorneys for Defendant (11) GILMAR DESIGN CORPORATION 14 Wall Street, 27th Floor (12) New York, New York 10005 BY: RICHARD POLNER, ESQ. (13) (14) ALSO PRESENT: LANA GLAZ, EIBER RUSSIAN (15) INTERPRETER (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 3] March 7, 2022 (2) STATE OR USUAL STIPS (3) 221. UNIFORM RULES FOR THE CONDUCT OF (4) It is hereby stipulated and agreed by and (5) between counsel for all parties present that (6) pursuant to CPLR section 3113(d) this (7) deposition is to be conducted by video (8) conference, that the court reporter, all (9) counsel, and the witness are all in separate (10) remote locations and participating via (11) Videoconference (LegalView/Zoom) meeting under (12) the control of Lexitas Court Reporting (13) Service, that the officer administering the (14) oath to the witness need not be in the place (15) of the deposition and the witness shall be (16) sworn in remotely by the court reporter after (17) confirming the witnesses identity, that this (18) video conference will not be recorded in any (19) manner and that any recording without the (20) express written consent of all parties shall (21) be considered unauthorized, in violation of (22) law, and shall not be used for any purpose in (23) this litigation or otherwise. It is further (24) stipulated that exhibits may be marked by the (25) attorney presenting the exhibit to the Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 4] March 7, 2022 (2) witness, and that a copy of any exhibit (3) presented to a witness shall be emailed to or (4) otherwise in possession of all counsel prior (5) the any questioning of a witness regarding the (6) exhibit in question. All parties shall bear (7) their own costs the conduct of this deposition (8) by video conference notwithstanding the (9) obligation by CPLR to supply a copy of the (10) transcript to the deposed party by the taking (11) party in civil litigation matters. (12) DEPOSITIONS (13) 221.1 Objections at Depositions (a) Objections (14) in general. No objections shall be made at a (15) deposition except those which pursuant to (16) subdivision (b),(c),or (d) of Rule 3115 of the (17) Civil Practice Law and Rules, would be waived (18) if not interposed, and except in compliance (19) with subdivision (e) of such rule. All (20) objections made at a deposition shall be noted (21) by the officer before whom the deposition is (22) taken, and the answer shall be given and the (23) deposition shall proceed subject to the (24) objections and to the right of a person to (25) apply for appropriate relief pursuant to Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 5] March 7, 2022 (2) Article 31 of the CPLR. (b) Speaking (3) objections restricted. Every objection raised (4) during a deposition shall be stated succinctly (5) and framed so as not to suggest and answer to (6) the deponent and at the request of the (7) questioning attorney shall include a clear (8) statement as to any defect in form or other (9) basis of error or irregularity. Except to the (10) extent permitted by CPLR Rule 3115 or by this (11) rule, during the course of the examination, (12) persons in attendance shall not make (13) statements or comments that interfere with the (14) questioning. (15) 221.2 Refusal to answer when objection is (16) made. A deponent shall answer all questions at (17) a deposition except (i) to preserve a (18) privilege or right of confidentiality, (ii) to (19) enforce a limitation set forth in an order of (20) the court or (iii) when the question is (21) plainly improper and would if answered cause (22) significant prejudice to any person. An (23) attorney shall not direct a deponent not to (24) answer except as provided in CPLR Rule 3115 or (25) this subdivision. Any refusal to answer or Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 6] March 7, 2022 (2) direction not to answer shall be accompanied (3) by a succinct and clear statement of the basis (4) therefor. If the deponent does not answer a (5) question the examining party shall have the (6) right to complete the remainder of the (7) deposition. (8) 221.UNIFORM RULES FOR THE CONDUCT OF (9) DEPOSITIONS (10) 221.3 Communication with the deponent. An (11) attorney shall not interrupt the deposition (12) for the purpose of communicating with the (13) deponent unless all parties consent or the (14) communication is made for the purpose of (15) determining whether the question should not be (16) answered on the grounds set forth in section (17) 221.2 of these rules and in such event the (18) reason for the communication shall be stated (19) for the record succinctly and clearly. (20) IT IS FURTHER STIPULATED AND AGREED that the (21) transcript may be signed before a Notary (22) Public with the same force and effect as if (23) signed before a clerk or a Judge of the court. (24) IT IS FURTHER STIPULATED AND AGREED that the (25) examination before trial may be utilized for Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 7] March 7, 2022 (2) all purposes as provided by the CPLR. IT IS (3) FURTHER STIPULATED AND AGREED that all rights (4) provided to all parties by the CPLR cannot be (5) deemed waived and the appropriate sections of (6) the CPLR 5 (7) IT IS FURTHER STIPULATED AND AGREED by and (8) between the attorneys for the respective (9) parties hereto that a copy of this examination (10) shall be furnished without charge to the (11) attorneys representing the witness testifying (12) herein. (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 8] March 7, 2022 (1) M. GILMAR 8 (2) L A N A G L A Z, the interpreter, was duly (3) sworn by a Notary Public of the State of (4) New York to translate the questions from (5) English to Russian and the answers from (6) Russian to English to the best of her (7) ability. (8) M A R A T G I L M A N O V, the witness (9) herein, having been duly sworn by a (10) Notary Public of the State of New York, (11) was examined and testified as follows: (12) EXAMINATION BY (13) MS. SULIEMAN: (14) Q State your name for the record, (15) please. (16) A Marat Gilmanov. (17) Q State your address for the record, (18) please. (19) A 1773 East 19th Street, Suite 4A, (20) Brooklyn, New York 11229. (21) COURT REPORTER: (22) It is hereby Stipulated and agreed by and (23) between counsel for all parties present that (24) pursuant to CPLR section 3113(d) this (25) deposition is to be conducted by video Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 9] March 7, 2022 (1) M. GILMAR 9 (2) conference, that the court reporter, all (3) counsel, and the witness are all in separate (4) remote locations and participating via (5) Videoconference (LegalView/Zoom) meeting under (6) the control of Lexitas Court Reporting (7) Service, that the officer administering the (8) oath to the witness need not be in the place (9) of the deposition and the witness shall be (10) sworn in remotely by the court reporter after (11) confirming the witnesses identity, that this (12) video conference will not be recorded in any (13) manner and that any recording without the (14) express written consent of all parties shall (15) be considered unauthorized, in violation of (16) law, and shall not be used for any purpose in (17) this litigation or otherwise. It is further (18) stipulated that exhibits may be marked by the (19) attorney presenting the exhibit to the (20) witness, and that a copy of any exhibit (21) presented to a witness shall be emailed to or (22) otherwise in possession of all counsel prior (23) to any questioning of a witness regarding the (24) exhibit in question. All parties shall bear (25) their own costs the conduct of this deposition Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 10] March 7, 2022 (1) M. GILMAR 10 (2) by video conference notwithstanding the (3) obligation by CPLR to supply a copy of the (4) transcript to the deposed party by the taking (5) party in civil litigation matters. Everyone (6) agree or so stipulate? (7) MR. FORD: Stipulated. (8) MR. POLNER: Stipulated. (9) MR. FORD: Stipulated. (10) COURT REPORTER: Will the witness (11) please show their government issued ID. (12) WITNESS: (Complies.) (13) MR. FORD: Let's mark these. (14) (Handwritten mason estimate was (15) marked as Defendant's Exhibit(s) A for (16) identification, as of this date.) (17) (Gilmar typed proposal 062917 was (18) marked as Defendant's Exhibit(s) B for (19) identification, as of this date.) (20) (Gilmar Hold Harmless agreement was (21) marked as Defendant's Exhibit(s) C for (22) identification, as of this date.) (23) (Gilmar certificate of insurance (24) was marked as Defendant's Exhibit(s) D (25) for identification, as of this date.) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 11] March 7, 2022 (1) M. GILMAR 11 (2) (Royal Builder site specific safety (3) plan was marked as Defendant's Exhibit(s) (4) E for identification, as of this date.) (5) MR. FORD: Good morning, Mr. (6) Gilmanov. My name is Afaf Sulieman. You (7) can refer to me as Faye if that's easier. (8) I am with the law firm of Kiernan, (9) Trebach. We represent Mac 60, LLC and (10) Royal Home Improvements in this matter (11) brought by the plaintiff Antonio (12) Espinosa. (13) THE WITNESS: Okay. I understood (14) everything. (15) MS. SULIEMAN: I will be asking you (16) a series of questions today. I ask that (17) you -- even if you think you can (18) anticipate the question, you allow me to (19) finish asking the question before you (20) respond. (21) THE WITNESS: All right. (22) MS. SULIEMAN: If you do not (23) understand a question, please let me (24) know, and I will repeat it or rephrase it (25) until you are able to understand it. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 12] March 7, 2022 (1) M. GILMAR 12 (2) THE WITNESS: All right. (3) MS. SULIEMAN: Please keep all of (4) your responses verbal because the court (5) reporter cannot take down nods of the (6) head or any type of gestures. (7) THE WITNESS: All right. (8) MS. SULIEMAN: And I ask that you (9) keep your voice loud -- keep your voice (10) up loudly so that the interpreter can (11) hear you and we get a proper (12) interpretation of the questions and (13) answers. (14) THE WITNESS: All right. (15) MS. SULIEMAN: And if at any (16) time -- (17) INTERPRETER: The witness is asking (18) if that's loud enough, and I'm asking the (19) witness to speak a little louder. (20) MR. FORD: Yeah, I would say a (21) little louder, please. (22) THE WITNESS: Okay. (23) MS. SULIEMAN: If at any time you (24) need a break, restroom or any other (25) reason, just let us know and we are happy Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 13] March 7, 2022 (1) M. GILMAR 13 (2) to accommodate you. (3) THE WITNESS: All right. (4) Q Mr. Gilmanov, what is your date of (5) birth? (6) A January 23, 1964. (7) Q And earlier you provided an address (8) 1773 East 19th Street, Suite 4A, Brooklyn, New (9) York 11229, and so that is your business (10) address? (11) A Yes. (12) Q For Gilmar Design Corporation? (13) A Yes. (14) Q What is your home address? (15) MR. POLNER: Over objection. He's (16) not here as an individual, he's here on (17) behalf of a company. If you want, we (18) will be happy to accept a subpoena on (19) behalf of him. (20) MS. SULIEMAN: That's fine. (21) MR. POLNER: He's giving his (22) business address he doesn't need to give (23) his home. (24) MR. FORD: That's fine. As long as (25) your counsel is willing to accept a Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 14] March 7, 2022 (1) M. GILMAR 14 (2) subpoena on behalf of the witness at the (3) time of trial, I have no problem with (4) that. (5) Q What is your highest level of (6) education? (7) A Bachelor and masters degree of (8) civil engineering(English). (9) INTERPRETER: I just like the (10) witness to please speak Russian if (11) possible for the adequacy of the (12) protocol. (13) A Okay. I have a civil engineering (14) education. (15) Q And you said bachelors and a (16) masters degree in civil engineering? (17) A Yes. (18) Q Where did you obtain your bachelors (19) in civil engineering? (20) A In Russia. (21) Q And your masters degree? (22) A Also Russia. (23) Q What was the name of the university (24) where your -- was it the same as -- withdrawn. (25) Did you obtain your bachelors and Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 15] March 7, 2022 (1) M. GILMAR 15 (2) master degree in civil engineering at the same (3) university in Russia or at different (4) universities? (5) A The same. (6) Q What is the name of that (7) university? (8) A Saint Petersburg Institute of Civil (9) Engineering. (10) Q Have you ever used any aliases or (11) gone by any other name besides the name you've (12) given today Marat Gilmanov? (13) A No. (14) Q Have you ever filed for bankruptcy (15) in the United States? (16) A No. (17) Q Are you a United States citizen? (18) A Yes. (19) Q Did you immigrate to the United (20) States from Russia? (21) A Yes. (22) Q What year did you immigrate to the (23) United States? (24) A 1998. (25) Q What type of Visa did you enter on Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 16] March 7, 2022 (1) M. GILMAR 16 (2) into the United States? (3) THE WITNESS: What does that have (4) to do with the case? (5) MR. FORD: The questions have to be (6) answered, I don't have to respond to (7) questions. (8) MR. POLNER: Mr. Gilmanov, as your (9) counsel understand she has a right to ask (10) certain questions if there isn't an (11) underlying privilege or if it isn't (12) information that is otherwise protected (13) she has a right to ask even though it's (14) not relevant to the facts of the case. (15) THE WITNESS: I thought those were (16) personal questions unrelated to this. (17) MR. POLNER: Right, but it might be (18) personal information, but it's not a (19) constitutionally protected informations (20) that you don't have to answer. Like I (21) said it may not be relevant to the case (22) and it may never be discussed if the (23) matter proceeds to trial, but she has a (24) right to ask. (25) THE WITNESS: Okay. Understood. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 17] March 7, 2022 (1) M. GILMAR 17 (2) MR. POLNER: But you have to (3) answer, Mr. Gilmanov. (4) A I came on the guest Visa and got (5) married here. (6) Q When did you become a United States (7) citizen? (8) A 2006. (9) Q Is Russia your first primary (10) language? (11) A I'm Tartar by nationality, I am not (12) Russian. (13) INTERPRETER: Oh, strike that it's (14) T-A-T-A-R is the spelling. (15) Q What is your first language? (16) A Russian. (17) Q All right. Have you -- since (18) coming to the United States in 1998, have you (19) ever been arrested? (20) A No. (21) Q Have you ever given a deposition (22) before like we're doing today? (23) A Yes. (24) Q And how many times have you given a (25) deposition? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 18] March 7, 2022 (1) M. GILMAR 18 (2) A Once. (3) Q Did you review any documents in (4) preparation for your deposition today? (5) A Yes. (6) Q What documents did you review in (7) preparation for your deposition? (8) THE WITNESS: Which documents? (9) MS. SULIEMAN: Yes, I'm asking what (10) documents or materials he reviewed to (11) prepare for his deposition. (12) A Proposal form of agreement, (13) certificate of liability insurance, the claim (14) from Mr. Espinosa. Workers' Compensation (15) paper. (16) MR. POLNER: Mr. Toth, read that (17) back. (18) (Whereupon, the requested portion (19) was read back by the reporter.). (20) INTERPRETER: I believe the first (21) document interpreter was proposal; is (22) that what you said? (23) COURT REPORTER: Proposal form of (24) agreement, yes. (25) MS. SULIEMAN: Read it back again. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 19] March 7, 2022 (1) M. GILMAR 19 (2) (Whereupon, the requested portion (3) was read back by the reporter.). (4) Q Mr. Gilmanov, did you review a (5) document entitled Hold Harmless Agreement? (6) A Yes, it's with me. (7) Q The proposal that you reviewed was (8) that a handwritten or a typed written (9) proposal? (10) A Printed. (11) Q Printed, you mean typewritten? (12) A A computer. (13) Q Did you is that the -- are you (14) referring to proposal 062917 masonry work? (15) A Yes. (16) Q Other than your attorney do not (17) tell me anything you discussed with your (18) attorney, but other than your attorney, did (19) you speak to anyone about the case to prepare (20) for your deposition? (21) A No. (22) Q At any time after the complaint was (23) filed or that Gilmar Design Corporation was (24) sued in this action, were you asked to perform (25) a search for documents? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 20] March 7, 2022 (1) M. GILMAR 20 (2) THE WITNESS: By who? (3) MS. SULIEMAN: By your attorney, I (4) assume it would be your attorney. (5) MR. POLNER: Note my objection as (6) you are asking him a question about (7) attorney client privilege conversations (8) that he had with his attorney. (9) MR. FORD: I'm not asking, it's not (10) a privilege to ask if he was asked to (11) search for documents. (12) MR. POLNER: But, Faye, you're (13) asking him if he searched for documents (14) that's one thing. If you are asking if (15) his attorney had a conversation with him (16) about searching for documents, it's a (17) little bit different, don't you think? (18) MR. FORD: I didn't say a (19) conversation, I asked was he asked to (20) search for documents. (21) MR. POLNER: Right, by his attorney (22) that's what you asked. I'm saying take (23) out the attorney part and charge a new (24) one. (25) MR. FORD: Who else asked him, Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 21] March 7, 2022 (1) M. GILMAR 21 (2) Richard, to search for documents then? (3) MR. POLNER: Then Faye, it doesn't (4) matter. (5) MR. FORD: All right, withdrawn. (6) MR. POLNER: Rephrase it, just (7) rephrase the question. (8) MR. FORD: I'll rephrase it. (9) Q Mr. Gilmanov, at any time since (10) Gilmar Design Corporation was brought into (11) this action did you perform a search for (12) documents related to the project at 2357 60th (13) Street, Brooklyn, New York 11204? (14) THE WITNESS: Repeat the question. (15) Q At any time since Gilmar Design (16) Corporation was sued in this action did you (17) perform a search for project related documents (18) regarding the project and work Gilmar Design (19) Corporation performed at 2357 60th Street, (20) Brooklyn, New York 11204 such as meeting (21) minutes, incident reports, employment records, (22) employment files or any other -- (23) INTERPRETER: Counsel, just want to (24) remind you, you have to give me time. (25) MR. FORD: All right. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 22] March 7, 2022 (1) M. GILMAR 22 (2) Q -- such as including but not (3) limited to, let me put it that way, meeting (4) minutes, incident reports, employment records? (5) A I never looked for or prepared such (6) documents. (7) Q Whether he performed a search for (8) documents either created, received by, (9) maintained by Gilmar Design Corporation, (10) anything related to the project at 2357 60th (11) Street, Brooklyn, New York 11204. (12) A I never looked for anything, (13) everything that there is there I have it on my (14) table. (15) MR. POLNER: Faye, let me just ask (16) quickly, now, Mr. Gilmanov, whether the (17) search was done by you or someone else in (18) your office, was anyone ever asked for (19) documents related to the construction (20) project that's the subject of this (21) lawsuit, like, the contract between (22) Gilmar Design Corporation and Royal Home (23) Improvements? (24) THE WITNESS: No. (25) MR. POLNER: Okay. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 23] March 7, 2022 (1) M. GILMAR 23 (2) Q Mr. Gilmanov, do you understand (3) English? (4) A Yes. (5) Q Do you speak English? (6) A Yes. (7) Q Do you read and write English? (8) A Yes. (9) Q Do you speak Spanish? (10) A No. (11) Q How do you communicate with your (12) employees and customers? (13) A In English. (14) Q Do you hold any type of (15) certifications? (16) THE WITNESS: What kind of (17) certificates? (18) MS. SULIEMAN: Let me withdraw that (19) and ask it a different way. (20) Q Since coming to the United States, (21) did you undertake any course of study? (22) A Sure. (23) Q What was it? (24) A Those were classes of safety -- (25) strike that -- on safety measures, all the Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 24] March 7, 2022 (1) M. GILMAR 24 (2) classes necessary for production works. (3) Q For -- what was the last part? (4) A All the classes necessary for (5) production works. (6) Q Can you tell me what you mean by (7) production works? (8) A I took safety measures courses and (9) other courses related and necessary to my jobs (10) as the subcontractor. (11) Q Can you please list for me each (12) course you have taken related to safety and (13) courses related to your subcontractor work, (14) the course that was taken, when it was taken, (15) and whether you received any type of (16) certificate for each course? (17) A All the courses and classes I've (18) ever taken are performed in digital format and (19) are embedded in a card. I can bring the card (20) now or ask my wife to do so. (21) MS. SULIEMAN: If you have it in (22) your possession that's fine. We are not, (23) you know, we are not going ask your wife (24) to go out of her way to bring it. If you (25) have it today, you can show it to us, Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 25] March 7, 2022 (1) M. GILMAR 25 (2) provide it to us. If not you can provide (3) it to your attorney later who in turn (4) will provide it to us. (5) MR. POLNER: Now, Faye, you can (6) serve a written demand for his (7) certification cards or licenses, again, I (8) don't know what the relevance is, but why (9) don't you put it in writing and I will (10) take it under advisement. (11) MR. FORD: Well, I don't know until (12) I see it. (13) MR. POLNER: Well, that's great but (14) like I said, put it in writing and we'll (15) take it under advisement. (16) Q And if I understood you correctly, (17) the courses that you took in safety and (18) regarding construction work, these courses (19) were to help you with work you did for Gilmar (20) Design Corporation? (21) A Yes, with Gilmar Design Corporation (22) and other companies. (23) Q Are you OSHA certified? (24) MR. POLNER: Over my objection. (25) You can answer. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 04/26/2023 07:28 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/26/2023 [Page 26] March 7, 2022 (1) M. GILMAR 26 (2) A Yes. (3) Q What OSHA certification do you (4) hold? (5) A A license, the courses that I took (6) with OSHA. (7) Q Was that OSHA ten, OSHA thirty, or (8) something else? (9) A Yes. (10) MR. POLNER: Mr. Gilmanov, she is (11) asking specifically which OSHA (12) certifications do you hold, do you have a (13) ten hour card, a thirty hour card, a (14) forty hour card, an OSHA scaffolding (15) card, things like that. (16) A All of the above mentioned, but my (17) attorney I have. (18) Q Do you have OSHA ten? (19) A Yes. (20) Q And you're OSHA thirty certified? (21) A Yes. (22) Q