Preview
FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
EXHIBIT M
FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ------------------------------------------X
KEVIN McGONIGAL,
4 PLAINTIFF,
5 -against- Index No.:
158327/13
6
NYY STEAK MANHATTAN, LLC, PLAZA
7 CONSTRUCTION CORP. and BARING INDUSTRIES,
INC.,
8 DEFENDANTS.
------------------------------------------X
9 PLAZA CONSTRUCTION CORP.,
10 THIRD-PARTY PLAINTIFF,
11 -against- Index No.:
595146/14
12
BARING INDUSTRIES, INC.,
13
THIRD-PARTY DEFENDANT.
14 ------------------------------------------X
BARING INDUSTRIES, INC.,
15
SECOND THIRD-PARTY PLAINTIFF,
16
-against- Index No.:
17 595130/15
18 DAY & NITE REFRIGERATION CORP. AND KIMCO
REFRIGERATION CORP.,
19
SECOND THIRD-PARTY DEFENDANTS.
20 ------------------------------------------X
21
22 DATE: May 4, 2017
23 TIME: 11:10 a.m.
24
25 (DEPOSITION OF JAMES VESPE)
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
2
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ------------------------------------------X
NYY STEAK MANHATTAN, LLC, PLAZA
4 CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION
CORP.,
5 THIRD THIRD-PARTY PLAINTIFFS,
6 -against-
7 B & G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC. and BARING
8 INDUSTRIES, INC.,
9 THIRD THIRD-PARTY DEFENDANTS.
10
11 DATE: May 4, 2017
12 TIME: 11:10 a.m.
13
14 EXAMINATION BEFORE TRIAL of the
15 Second Third-Party Defendant, DAY & NITE
16 REFRIGERATION, CORP., by a witness,
17 JAMES VESPE, taken by the Respective
18 Parties, pursuant to a Court Order, held at
19 the offices of Diamond Reporting, Inc.,
20 150 Broadway, New York, New York 10038,
21 before Lori Agro, a Notary Public of the
22 State of New York.
23
24
25
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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1
2 A P P E A R A N C E S:
3
4 SACKS AND SACKS, LLP
Attorneys for the Plaintiff
5 150 Broadway
New York, New York 10038
6 BY: ANDREW R. DIAMOND, ESQ.
7
8 FABIANI COHEN & HALL, LLP
Attorneys for the
9 Defendants/Third-Party Plaintiff/
Third Third-Party Plaintiffs
10 NYY STEAK MANHATTAN, LLC and
PLAZA CONSTRUCTION CORP.
11 570 Lexington Avenue, 4th Floor
New York, New York 10022
12 BY: PATRICK AURILIA, ESQ.
File #: 731-37132
14
LAW OFFICES OF CHARLES J. SIEGEL, ESQ.
15 Attorney for the Defendant/
Third-Party Defendant/
16 Second Third-Party Plaintiff
BARING INDUSTRIES, INC.
17 125 Broadway, 7th Floor
New York, New York 10004
18 BY: NIKOLAOS DIAMANTIS, ESQ.
19
20 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for the
21 Second Third-Party Defendants
DAY & NITE REFRIGERATION CORP. and
22 KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
23 Woodbury, New York 11797
BY: DAVID LORE, ESQ.
24 File #: 532-11347
25 (Continued on next page.)
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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1
2 A P P E A R A N C E S: (Continued)
3
VIGORITO BARKER PORTER & PATTERSON
4 Attorneys for the
Third Third-Party Defendant
5 B & G ELECTRICAL CONTRACTORS
115 East Stevens Avenue
6 Valhalla, New York 10595
BY: EILEEN R. FULLERTON, ESQ.
7 File #: 4204.018
8
SMITH MAZURE DIRECTOR
9 WILKINS YOUNG & YAGERMAN, P.C.
Attorneys for the
10 Third Third-Party Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
11 111 John Street
New York, New York 10038
12 BY: ROBERT PALISENO, ESQ.
File #: AWA-00112
13
* * *
14
15
16
17
18
19
20
21
22
23
24
25
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or
5 (d) of Rule 3115 of the Civil Practice Law
and Rules, would be waived if not
6 interposed, and except in compliance with
subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall
be stated succinctly and framed so as not
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
24
25
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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1 J. VESPE
2 J A M E S V E S P E, called as a witness,
3 having been first duly sworn by a Notary
4 Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. DIAMANTIS:
8 Q. Please state your name for the
9 record.
10 A. James Vespe.
11 Q. What is your business address?
12 A.
13
14 Q. Good morning, sir. My name is
15 Nikolaos Diamantis. I am an attorney with
16 the law offices of Charles Siegel. We
17 represent Baring Industries, Inc. in this
18 litigation. I am going to ask you a series
19 of questions about an accident that
20 occurred September 6, 2013 at the New York
21 Yankees Steakhouse as well as any related
22 questions regarding the work that was done
23 at this site.
24 If you don't understand my
25 question at any time, let me know, I will
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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1 J. VESPE
2 rephrase the question for you. Also, we
3 have a reporter here who is taking down
4 everything I say and everything you say so
5 it is important that we don't talk over
6 each other. Understood?
7 A. Understood.
8 Q. We can take a break at any
9 time, the only request I have is if we do
10 take a break, if there is a pending
11 question that we have an answer to the
12 question.
13 By whom are you currently
14 employed?
15 A. Day & Nite.
16 Q. Is that a corporation, LLC,
17 something else?
18 A. I am not sure.
19 Q. Day & Nite Refrigeration?
20 A. Yes.
21 Q. Have you heard of a company
22 called Kimco Refrigeration?
23 A. Yes, that is our parent
24 company.
25 Q. Are you paid by Day & Nite or
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
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1 J. VESPE
2 Kimco?
3 A. Kimco.
4 Q. How long have you been with Day
5 & Nite?
6 A. Ten years.
7 Q. What is your current job title
8 with them?
9 A. Construction manager.
10 Q. In the ten years you have been
11 with Day & Nite, have you always been a
12 construction manager?
13 A. No.
14 Q. When you first started with Day
15 & Nite, what was your position?
16 A. Field service manager.
17 Q. For how long were you a field
18 service manager with Day & Nite?
19 A. Three years.
20 Q. After that three-year period,
21 did you get elevated or promoted to another
22 position?
23 A. I left the company for one
24 year.
. 25 Q. Where did you go?
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
10
1 J. VESPE
2 A. I went to another company.
3 Q. What is the name of the
4 company?
5 A. Americold.
6 Q. What was your position?
7 A. Field service manager.
8 Q. After that one-year period with
9 Americold, did you return to Day & Nite?
10 A. Yes.
11 Q. When you returned to Day &
12 Nite, what was your position when you
13 returned?
14 A. Construction manager.
15 Q. Have you been a construction
16 manager with Day & Nite ever since?
17 A. Yes.
18 Q. Prior to working for Day & Nite
19 ten years ago, who did you work for?
20 A. Arista Air Conditioning.
21 Q. How long were you employed by
22 Arista Air Conditioning?
23 A. Ten years.
24 Q. What was your job title with
25 them?
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019
11
1 J. VESPE
2 A. Field service manager.
3 Q. What is your highest level of
4 education?
5 A. Associate's degree.
6 Q. Where did you receive it?
7 A. United States Navy.
8 Q. Have you obtained any
9 certificates in construction?
10 A. I have my OSHA, OSHA 30, that's
11 about it.
12 Q. Do you only have an OSHA 30 or
13 also OSHA 10?
14 A. I have both.
15 Q. Have you obtained any licenses
16 in construction?
17 A. No.
18 Q. Are you a member of any unions?
19 A. 638 Steamfitters.
20 Q. How long have you been a member
21 of 638?
22 A. Ten years.
Preview
FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 EXHIBIT M FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 ------------------------------------------X KEVIN McGONIGAL, 4 PLAINTIFF, 5 -against- Index No.: 158327/13 6 NYY STEAK MANHATTAN, LLC, PLAZA 7 CONSTRUCTION CORP. and BARING INDUSTRIES, INC., 8 DEFENDANTS. ------------------------------------------X 9 PLAZA CONSTRUCTION CORP., 10 THIRD-PARTY PLAINTIFF, 11 -against- Index No.: 595146/14 12 BARING INDUSTRIES, INC., 13 THIRD-PARTY DEFENDANT. 14 ------------------------------------------X BARING INDUSTRIES, INC., 15 SECOND THIRD-PARTY PLAINTIFF, 16 -against- Index No.: 17 595130/15 18 DAY & NITE REFRIGERATION CORP. AND KIMCO REFRIGERATION CORP., 19 SECOND THIRD-PARTY DEFENDANTS. 20 ------------------------------------------X 21 22 DATE: May 4, 2017 23 TIME: 11:10 a.m. 24 25 (DEPOSITION OF JAMES VESPE) DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 1 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 2 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 ------------------------------------------X NYY STEAK MANHATTAN, LLC, PLAZA 4 CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION CORP., 5 THIRD THIRD-PARTY PLAINTIFFS, 6 -against- 7 B & G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC. and BARING 8 INDUSTRIES, INC., 9 THIRD THIRD-PARTY DEFENDANTS. 10 11 DATE: May 4, 2017 12 TIME: 11:10 a.m. 13 14 EXAMINATION BEFORE TRIAL of the 15 Second Third-Party Defendant, DAY & NITE 16 REFRIGERATION, CORP., by a witness, 17 JAMES VESPE, taken by the Respective 18 Parties, pursuant to a Court Order, held at 19 the offices of Diamond Reporting, Inc., 20 150 Broadway, New York, New York 10038, 21 before Lori Agro, a Notary Public of the 22 State of New York. 23 24 25 DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 2 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 3 1 2 A P P E A R A N C E S: 3 4 SACKS AND SACKS, LLP Attorneys for the Plaintiff 5 150 Broadway New York, New York 10038 6 BY: ANDREW R. DIAMOND, ESQ. 7 8 FABIANI COHEN & HALL, LLP Attorneys for the 9 Defendants/Third-Party Plaintiff/ Third Third-Party Plaintiffs 10 NYY STEAK MANHATTAN, LLC and PLAZA CONSTRUCTION CORP. 11 570 Lexington Avenue, 4th Floor New York, New York 10022 12 BY: PATRICK AURILIA, ESQ. File #: 731-37132 14 LAW OFFICES OF CHARLES J. SIEGEL, ESQ. 15 Attorney for the Defendant/ Third-Party Defendant/ 16 Second Third-Party Plaintiff BARING INDUSTRIES, INC. 17 125 Broadway, 7th Floor New York, New York 10004 18 BY: NIKOLAOS DIAMANTIS, ESQ. 19 20 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for the 21 Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and 22 KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 23 Woodbury, New York 11797 BY: DAVID LORE, ESQ. 24 File #: 532-11347 25 (Continued on next page.) DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 3 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 4 1 2 A P P E A R A N C E S: (Continued) 3 VIGORITO BARKER PORTER & PATTERSON 4 Attorneys for the Third Third-Party Defendant 5 B & G ELECTRICAL CONTRACTORS 115 East Stevens Avenue 6 Valhalla, New York 10595 BY: EILEEN R. FULLERTON, ESQ. 7 File #: 4204.018 8 SMITH MAZURE DIRECTOR 9 WILKINS YOUNG & YAGERMAN, P.C. Attorneys for the 10 Third Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 11 111 John Street New York, New York 10038 12 BY: ROBERT PALISENO, ESQ. File #: AWA-00112 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 4 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 5 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or 5 (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not 6 interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 5 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 6 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 24 25 DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 6 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 7 1 J. VESPE 2 J A M E S V E S P E, called as a witness, 3 having been first duly sworn by a Notary 4 Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. DIAMANTIS: 8 Q. Please state your name for the 9 record. 10 A. James Vespe. 11 Q. What is your business address? 12 A. 13 14 Q. Good morning, sir. My name is 15 Nikolaos Diamantis. I am an attorney with 16 the law offices of Charles Siegel. We 17 represent Baring Industries, Inc. in this 18 litigation. I am going to ask you a series 19 of questions about an accident that 20 occurred September 6, 2013 at the New York 21 Yankees Steakhouse as well as any related 22 questions regarding the work that was done 23 at this site. 24 If you don't understand my 25 question at any time, let me know, I will DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 7 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 8 1 J. VESPE 2 rephrase the question for you. Also, we 3 have a reporter here who is taking down 4 everything I say and everything you say so 5 it is important that we don't talk over 6 each other. Understood? 7 A. Understood. 8 Q. We can take a break at any 9 time, the only request I have is if we do 10 take a break, if there is a pending 11 question that we have an answer to the 12 question. 13 By whom are you currently 14 employed? 15 A. Day & Nite. 16 Q. Is that a corporation, LLC, 17 something else? 18 A. I am not sure. 19 Q. Day & Nite Refrigeration? 20 A. Yes. 21 Q. Have you heard of a company 22 called Kimco Refrigeration? 23 A. Yes, that is our parent 24 company. 25 Q. Are you paid by Day & Nite or DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 8 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 9 1 J. VESPE 2 Kimco? 3 A. Kimco. 4 Q. How long have you been with Day 5 & Nite? 6 A. Ten years. 7 Q. What is your current job title 8 with them? 9 A. Construction manager. 10 Q. In the ten years you have been 11 with Day & Nite, have you always been a 12 construction manager? 13 A. No. 14 Q. When you first started with Day 15 & Nite, what was your position? 16 A. Field service manager. 17 Q. For how long were you a field 18 service manager with Day & Nite? 19 A. Three years. 20 Q. After that three-year period, 21 did you get elevated or promoted to another 22 position? 23 A. I left the company for one 24 year. . 25 Q. Where did you go? DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 9 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 10 1 J. VESPE 2 A. I went to another company. 3 Q. What is the name of the 4 company? 5 A. Americold. 6 Q. What was your position? 7 A. Field service manager. 8 Q. After that one-year period with 9 Americold, did you return to Day & Nite? 10 A. Yes. 11 Q. When you returned to Day & 12 Nite, what was your position when you 13 returned? 14 A. Construction manager. 15 Q. Have you been a construction 16 manager with Day & Nite ever since? 17 A. Yes. 18 Q. Prior to working for Day & Nite 19 ten years ago, who did you work for? 20 A. Arista Air Conditioning. 21 Q. How long were you employed by 22 Arista Air Conditioning? 23 A. Ten years. 24 Q. What was your job title with 25 them? DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 10 FILED: NEW YORK COUNTY CLERK 01/23/2019 10:28 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/23/2019 11 1 J. VESPE 2 A. Field service manager. 3 Q. What is your highest level of 4 education? 5 A. Associate's degree. 6 Q. Where did you receive it? 7 A. United States Navy. 8 Q. Have you obtained any 9 certificates in construction? 10 A. I have my OSHA, OSHA 30, that's 11 about it. 12 Q. Do you only have an OSHA 30 or 13 also OSHA 10? 14 A. I have both. 15 Q. Have you obtained any licenses 16 in construction? 17 A. No. 18 Q. Are you a member of any unions? 19 A. 638 Steamfitters. 20 Q. How long have you been a member 21 of 638? 22 A. Ten years.