Preview
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
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:
158327/2013
6
NYY STEAK MANHATTAN, LLC, PLAZA
7 CONSTRUCTION CORP. and BARING INDUSTRIES,
INC.,
8
DEFENDANTS.
9 ------------------------------------------X
PLAZA CONSTRUCTION CORP.,
10
THIRD-PARTY PLAINTIFF,
11
-against-
12
BARING INDUSTRIES, INC.,
13
THIRD-PARTY DEFENDANT.
14 ------------------------------------------X
BARING INDUSTRIES, INC.,
15
SECOND THIRD-PARTY PLAINTIFF,
16
-against-
17
DAY & NITE REFRIGERATION CORP., and
18 KIMCO REFRIGERATION CORP.,
19 SECOND THIRD-PARTY DEFENDANTS.
------------------------------------------X
20 (Caption continues)
21
22 DATE: May 24, 2017
23 TIME: 2:05 p.m.
24
25 (DEPOSITION of FRANK CIOPPA)
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
1
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
2
1
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 PLAINTIFF,
6
-against-
7
B&G ELECTRICAL CONTRACTORS, ESS & VEE
8 ACOUSTICAL CONTRACTORS, INC. and BARING
INDUSTRIES, INC.,
9
THIRD THIRD-PARTY DEFENDANTS.
10 ------------------------------------------X
11
12 DATE: 24, 2017
May
13 TIME: 2:05 p.m.
14
15 EXAMINATION BEFORE TRIAL of the
16 Third Third-Party Defendant, ESS & VEE
17 ACOUSTICAL CONTRACTORS, INC., by a witness,
18 FRANK CIOPPA, taken by the respective
19 parties, pursuant to Court Order, held at
20 the offices of Smith, Mazure, Director,
21 Wilkins, Young & Yagerman, P.C., 111 John
22 Street, New York, New York 10038, before
23 Maria Acocella, a Notary Public within and
24 for the State of New York.
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
2
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
3
1
2 A P P E A R A N C E S:
3
4 SACKS & 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 Defendants/
9 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.
13
14 LAW OFFICES OF CRARLES J. SIEGEL
Attorney for the Defendant/ Third-Party
15 Defendant/ Second Third-Party Plaintiff
BARING INDUSTRIES, INC.
16 125 Broad Street, 7th Floor
New York, New York 10004
17 BY: NIKOLAOS E. DIAMANTIS, ESQ.
18
19 MILBER MAKRIS PLOUSADIS SEIDEN
Attorneys for the
20 Second Third-Party Defendants
DAY & NITE REFRIGERATION CORP. and
21 KIMCO REFRIGERATION CORP.
1000 Woodbury Road
22 Woodbury, New York 11797
BY: WILLIAM GOODBODY, ESQ.
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
4
1
2 A P P E A R A N C E S: (Continued)
3
4 VIGORITO BARKER PORTER & PATTERSON, LLP
Attorneys for the
5 Third-Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
6 115 Stevens Avenue - 2nd Floor
Valhalla, New York 10595
7 BY: EILEEN R. FULLERTON, ESQ.
8
9 SMITH MAZURE DIRECTOR
WILKINS YOUNG &YAGERMAN, P . C .
10 Attorneys for Third Third-Party Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
11 111 John Street
New York, New York 10038
12 BY: ROBERT PALISENO, ESQ.
13
* * *
14
15
16
17
18
19
20
21
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
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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
4 objections shall be made at a deposition
except those which, pursuant to subdivision
5 (b), (c) or (d) of Rule 3115 of the Civil
Practice Law and Rules, would be waived if
6 not 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.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as
12 not to suggest an answer to the deponent
and, at the request of the questioning
13 attorney, shall include a clear statement
as to any defect in form or other basis of
14 error or irregularity. Except to the
extent permitted by CPLR Rule 3115 or by
15 this rule, during the course of the
examination persons in attendance shall not
16 make statements or comments that interfere
with the questioning.
17 221.2 Refusal to answer when objection is
made A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
5
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
6
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
6
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
7
1 F. CIOPPA
2 F R A N K C I O P P A, the Witness
3 herein, having been first duly sworn by a
4 Notary Public within and for the State of
5 New York, was examined and testified as
6 follows:
7 EXAMINAT ION BY
8 MR. AURILIA:
9 Q. Will you state your name and
10 address for the record, please.
11 A. Frank Cioppa, 1077 Torremolinos
12 Court, Toms River, New Jersey 08753.
13 Q. Good afternoon, sir. My name
14 is Patrick Aurilia, and my office
15 represents the New York Yankee Steakhouse
16 and a couple of other Defendants in this
17 action.
18 I am just going to ask you some
19 questions regarding an incident that is
20 alleged to have occurred on September 6,
21 2013 at New York Yankee Steakhouse. If at
22 any time you don't understand one of my
23 questions, please let me know; I will be
24 happy to rephrase it so we understand one
25 another.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
7
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
8
1 F. CIOPPA
2 I ask that all your responses
3 to my questions be verbal. That is for the
4 Court Reporter. She can't take down head
5 nods or hand gestures.
6 If at any time you would like
7 to get up, stretch your legs, speak with
8 your attorney, you are free to do so as
9 long as there is no question pending.
10 A. Okay.
11 Q. Sir, are you currently
12 employed?
13 A. Yes.
14 Q. By whom are you employed?
15 A. Ess & Vee Acoustical
16 Contractors.
17 Q. And what is your position with
18 Ess & Vee?
19 A. Foreman.
20 Q. How long have you been employed
21 by Ess & Vee?
22 A. Thirty-four years.
23 Q. Has it always been as a
24 foreman?
25 A. Most of the time, yeah.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
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FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
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1 F. CIOPPA
2 Q. For how long have you been a
3 foreman?
4 A. Say 32 years.
5 Q. Is Ess & Vee a union shop?
6 A. Yes, it is.
7 Q. Can you just briefly
8 describe -- give us an outline of your
9 educational background.
10 A. I went to an all-male trade
11 school, took carpentry, graduated that
12 technical high school.
13 Q. Just the name of the school?
14 A. Saunders Technical High School.
15 Q. Where is that located?
16 A. Yonkers, New York.
17 After that I went to -- I got
18 into the union, four years in
19 apprenticeship, did that in Westchester,
20 Elmsford.
21 And then I went to Westchester
22 Community College and took some engineering
23 courses for about a year and a half.
24 Q. Since that time, have you
25 received any certificates in relation to
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
9
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
10
1 F. CIOPPA
2 construction work, or have you had any OSRA
3 classes, such OSHA 10, OSHA 30?
4 A. Yes, I have.
5 Q. What do you --
currently
6 A. OSHA 30, scaffolding card,
7 four-hour scaffolding card. My Hilti
8 certification for punctuation tools, and
9 OSHA 10 too.
10 Q. And as a foreman for Ess & Vee,
11 what, generally, are your job duties?
12 A. Direct my men what to do during
13 the day.
14 Q. Do you yourself perform any
15 hands-on work?
16 A. Sometimes. I should say all
17 the time. Sometimes. All the time.
18 Q. Did you work on a project at
19 the New York Yankee Steakhouse?
20 A. Yes, I did.
21 Q. Did you work on that project
22 for Ess & Vee?
23 A. Yes, I did.
24 Q. Did you work on that project
25 for Ess & Vee as a foreman?
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
10
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019
11
1 F. CIOPPA
2 A. Yes, I did.
3 Q. Do you recall when Ess & Vee
4 began that particular job?
5 A. I can't recall.
6 Q. Can you give me a fair
7 approximation?
8 A. It was in the wintertime, I
9 know that. It could have been 2012, 2013.
10 Q. Let me ask you this: How long
11 a period of time, approximately, was Ess &
12 Vee on the job?
13 A. I would say around eight
14 months.
15 Q. Do you know when Ess & Vee
16 concluded that job?
17 A. Can't recall the date.
18 Q. Were you yourself working on
19 this job for its entirety?
20 A. Yes.
21 Q. Was Ess & Vee on this
22 particular job in September 2013?
23 A.. I believe so.
24 Q. Was Ess & Vee re
Preview
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 EXHIBIT B FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 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: 158327/2013 6 NYY STEAK MANHATTAN, LLC, PLAZA 7 CONSTRUCTION CORP. and BARING INDUSTRIES, INC., 8 DEFENDANTS. 9 ------------------------------------------X PLAZA CONSTRUCTION CORP., 10 THIRD-PARTY PLAINTIFF, 11 -against- 12 BARING INDUSTRIES, INC., 13 THIRD-PARTY DEFENDANT. 14 ------------------------------------------X BARING INDUSTRIES, INC., 15 SECOND THIRD-PARTY PLAINTIFF, 16 -against- 17 DAY & NITE REFRIGERATION CORP., and 18 KIMCO REFRIGERATION CORP., 19 SECOND THIRD-PARTY DEFENDANTS. ------------------------------------------X 20 (Caption continues) 21 22 DATE: May 24, 2017 23 TIME: 2:05 p.m. 24 25 (DEPOSITION of FRANK CIOPPA) DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 2 1 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 PLAINTIFF, 6 -against- 7 B&G ELECTRICAL CONTRACTORS, ESS & VEE 8 ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRIES, INC., 9 THIRD THIRD-PARTY DEFENDANTS. 10 ------------------------------------------X 11 12 DATE: 24, 2017 May 13 TIME: 2:05 p.m. 14 15 EXAMINATION BEFORE TRIAL of the 16 Third Third-Party Defendant, ESS & VEE 17 ACOUSTICAL CONTRACTORS, INC., by a witness, 18 FRANK CIOPPA, taken by the respective 19 parties, pursuant to Court Order, held at 20 the offices of Smith, Mazure, Director, 21 Wilkins, Young & Yagerman, P.C., 111 John 22 Street, New York, New York 10038, before 23 Maria Acocella, a Notary Public within and 24 for the State of New York. 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 3 1 2 A P P E A R A N C E S: 3 4 SACKS & 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 Defendants/ 9 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. 13 14 LAW OFFICES OF CRARLES J. SIEGEL Attorney for the Defendant/ Third-Party 15 Defendant/ Second Third-Party Plaintiff BARING INDUSTRIES, INC. 16 125 Broad Street, 7th Floor New York, New York 10004 17 BY: NIKOLAOS E. DIAMANTIS, ESQ. 18 19 MILBER MAKRIS PLOUSADIS SEIDEN Attorneys for the 20 Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and 21 KIMCO REFRIGERATION CORP. 1000 Woodbury Road 22 Woodbury, New York 11797 BY: WILLIAM GOODBODY, ESQ. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 4 1 2 A P P E A R A N C E S: (Continued) 3 4 VIGORITO BARKER PORTER & PATTERSON, LLP Attorneys for the 5 Third-Third-Party Defendant B&G ELECTRICAL CONTRACTORS 6 115 Stevens Avenue - 2nd Floor Valhalla, New York 10595 7 BY: EILEEN R. FULLERTON, ESQ. 8 9 SMITH MAZURE DIRECTOR WILKINS YOUNG &YAGERMAN, P . C . 10 Attorneys for Third Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 11 111 John Street New York, New York 10038 12 BY: ROBERT PALISENO, ESQ. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 5 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No 4 objections shall be made at a deposition except those which, pursuant to subdivision 5 (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if 6 not 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. 11 Every objection raised during a deposition shall be stated succinctly and framed so as 12 not to suggest an answer to the deponent and, at the request of the questioning 13 attorney, shall include a clear statement as to any defect in form or other basis of 14 error or irregularity. Except to the extent permitted by CPLR Rule 3115 or by 15 this rule, during the course of the examination persons in attendance shall not 16 make statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 6 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 7 1 F. CIOPPA 2 F R A N K C I O P P A, the Witness 3 herein, having been first duly sworn by a 4 Notary Public within and for the State of 5 New York, was examined and testified as 6 follows: 7 EXAMINAT ION BY 8 MR. AURILIA: 9 Q. Will you state your name and 10 address for the record, please. 11 A. Frank Cioppa, 1077 Torremolinos 12 Court, Toms River, New Jersey 08753. 13 Q. Good afternoon, sir. My name 14 is Patrick Aurilia, and my office 15 represents the New York Yankee Steakhouse 16 and a couple of other Defendants in this 17 action. 18 I am just going to ask you some 19 questions regarding an incident that is 20 alleged to have occurred on September 6, 21 2013 at New York Yankee Steakhouse. If at 22 any time you don't understand one of my 23 questions, please let me know; I will be 24 happy to rephrase it so we understand one 25 another. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 8 1 F. CIOPPA 2 I ask that all your responses 3 to my questions be verbal. That is for the 4 Court Reporter. She can't take down head 5 nods or hand gestures. 6 If at any time you would like 7 to get up, stretch your legs, speak with 8 your attorney, you are free to do so as 9 long as there is no question pending. 10 A. Okay. 11 Q. Sir, are you currently 12 employed? 13 A. Yes. 14 Q. By whom are you employed? 15 A. Ess & Vee Acoustical 16 Contractors. 17 Q. And what is your position with 18 Ess & Vee? 19 A. Foreman. 20 Q. How long have you been employed 21 by Ess & Vee? 22 A. Thirty-four years. 23 Q. Has it always been as a 24 foreman? 25 A. Most of the time, yeah. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 9 1 F. CIOPPA 2 Q. For how long have you been a 3 foreman? 4 A. Say 32 years. 5 Q. Is Ess & Vee a union shop? 6 A. Yes, it is. 7 Q. Can you just briefly 8 describe -- give us an outline of your 9 educational background. 10 A. I went to an all-male trade 11 school, took carpentry, graduated that 12 technical high school. 13 Q. Just the name of the school? 14 A. Saunders Technical High School. 15 Q. Where is that located? 16 A. Yonkers, New York. 17 After that I went to -- I got 18 into the union, four years in 19 apprenticeship, did that in Westchester, 20 Elmsford. 21 And then I went to Westchester 22 Community College and took some engineering 23 courses for about a year and a half. 24 Q. Since that time, have you 25 received any certificates in relation to DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 10 1 F. CIOPPA 2 construction work, or have you had any OSRA 3 classes, such OSHA 10, OSHA 30? 4 A. Yes, I have. 5 Q. What do you -- currently 6 A. OSHA 30, scaffolding card, 7 four-hour scaffolding card. My Hilti 8 certification for punctuation tools, and 9 OSHA 10 too. 10 Q. And as a foreman for Ess & Vee, 11 what, generally, are your job duties? 12 A. Direct my men what to do during 13 the day. 14 Q. Do you yourself perform any 15 hands-on work? 16 A. Sometimes. I should say all 17 the time. Sometimes. All the time. 18 Q. Did you work on a project at 19 the New York Yankee Steakhouse? 20 A. Yes, I did. 21 Q. Did you work on that project 22 for Ess & Vee? 23 A. Yes, I did. 24 Q. Did you work on that project 25 for Ess & Vee as a foreman? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:46 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 02/14/2019 11 1 F. CIOPPA 2 A. Yes, I did. 3 Q. Do you recall when Ess & Vee 4 began that particular job? 5 A. I can't recall. 6 Q. Can you give me a fair 7 approximation? 8 A. It was in the wintertime, I 9 know that. It could have been 2012, 2013. 10 Q. Let me ask you this: How long 11 a period of time, approximately, was Ess & 12 Vee on the job? 13 A. I would say around eight 14 months. 15 Q. Do you know when Ess & Vee 16 concluded that job? 17 A. Can't recall the date. 18 Q. Were you yourself working on 19 this job for its entirety? 20 A. Yes. 21 Q. Was Ess & Vee on this 22 particular job in September 2013? 23 A.. I believe so. 24 Q. Was Ess & Vee re