Preview
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019
EXHIBIT “S”
EXHIBIT “S”
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019
1
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF NEW YORK
--------------------------------------------X
3 KEVIN MCGONIGAL, Index No.
158327/2013
4 Plaintiff,
5 -against-
6 NYY STEAK MANHATTAN, LLC, PLAZA
CONSTRUCTION CORP. and BARING INDUSTRIES,
7 INC.,
8 Defendants.
----------.----------------------------------X
9 PLAZA CONSTRUCTION CORP.,
10 Third-Party Plaintiff,
11 -against-
12 BARING INDUSTRIES, INC.,
13 Third-Party Defendant.
--------------------------------------------X
14 (CAPTION CONTINUED ON FOLLOWING PAGE)
15
16
17 EXAMINATION BEFORE TRIAL of CHRIS WOLSKE,
18 taken pursuant to Article 31 of the Civil Practice Law & Rules
19 of Testimony, and Court Order, held at the Law Offices of
20 Charles J. Siegel, 125 Broad Street, New York, New York, on
21 May 3, 2017, at 11:19 a.m., before LAURA A. PENA, a Notary
22 Public of the State of New York.
23
24
25
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NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019
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2
1
___________________-------------------------X
2 BARING INDUSTRIES, INC.,
3 Second Third-Party Plaintiff,
4
-against-
5 DAY & NITE REFRIGERATION CORP., and KIMCO
REFRIGERATION CORP.,
6
Second Third-Party Defendants.
7 --------------------------------------------X
NYY STEAK MANHATTAN, LLC & PLAZA
8 CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION
CORP.,
9
Third Third-Party Plaintiffs,
10
-against-
11
B&G ELECTRICAL CONTRACTORS, ESS & VEE
12 ACOUSTICAL CONTRACTORS, INC. and BARING
INDUSTRIES, INC.,
13
Third Third-Party Defendants.
14 --------------------------------------------X
15
16
17
18
19
20
21
22
23
24
25
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3
1 A P P E A R A N C E S:
2
3 SACKS AND SACKS, LLP
Attorneys for Plaintiff
4 KEVIN MCGONIGAL
150 Broadway, 4th Floor
5 New York, New York 10038
BY: ANDREW DIAMOND, ESQ.
6
7
FABIANI COHEN & HALL, LLP
8 Attorneys for Defendant/
Third-Party Plaintiff/Third
9 Third-Party Plaintiff
PLAZA CONSTRUCTION CORP.
10 NYY STEAK MANHATTAN, LLC, and
PLAZA CONSTRUCTION, LLC f/k/a
11 PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
12 New York, New York 10022
BY: PATRICK AURILIA, ESQ.
13 File No. 731.37312
14
15 LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Third-Party
16 Defendant/Second Third-Party
Plaintiff
17 BARING INDUSTRIES, INC.
125 Broad Street, 7th Floor
18 New York, New York 10004
BY: NICK DIAMANTIS, ESQ.
19
20
21
22
23
24
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4
1 A P P E A R A N C E S:
2
3 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for Second Third-Party
4 Defendants
DAY & NITE REFRIGERATION CORP.
5 and KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
6 Woodbury, New York 11797
BY: ALLEN LIGHT, ESQ.
7
8
VIGORITO, BARKER, PORTER & PATTERSON,
9 LLP
Attorneys for Third Third-Party
10 Defendant
B&G ELECTRICAL CONTRACTORS
11 115 Stevens Avenue
Valhalla, New York 10595
12 BY: EILEEN R. FULLERTON, ESQ.
13
14 SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
15 Attorneys for Third Third-Party
Defendant
16 ESS & VEE ACOUSTICAL
CONTRACTORS, INC.
17 111 John Street
New York, New York 10038
18 BY: ROBERT J. PALISENO, ESQ.
File No. AWA-00112
19
20
21
22
23
24
25
. .
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5
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2
21.1 Objections at Depositions
3 (a) Objections in general. No objections
shall be made at a deposition except those
4 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
5 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
6 such rule. All objections made at a
deposition shall be noted by the officer
7 before whom the deposition is taken, and the
answer shall be given and the deposition shall
8 proceed subject to the objections and to the
right of a person to apply for appropriate
9 relief pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
10 objection raised during a deposition shall be
stated succinctly and framed so as not to
11 suggest and answer to the deponent and, at the
request of the questioning attorney, shall
12 include a clear statement as to any defect in
form or other basis of error or irregularity.
13 Except to the extent permitted by CPLR Rule
3115 or by this rule, during the course of the
14 examination, persons in attendance shall not
make statements or comments that interfere
15 with the questioning.
221.2 Refusal to answer when objection is
16 made. A deponent shall answer all questions at
a deposition, except (i) to preserve a
17 privilege or right of confidentiality, (ii) to
enforce a limitation set forth in an order of
18 the court, or (iii) when the question is
plainly improper and would, if answered, cause
19 significant prejudice to any person. An
attorney shall not direct a deponent not to
20 answer except as provided in CPLR Rule 3115 or
this subdivision. Any refusal to answer or
21 direction not to answer shall be accompanied
by a succinct and clear statement of the basis
22 therefor. If the deponent does not answer a
question, the examining party shall have the
23 right to complete the remainder of the
deposition.
24
25
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6
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2
221.3 Communication with the deponent.
3 An attorney shall not interrupt the
deposition for the purpose of communicating
4 with the deponent unless all parties consent
or the communication is made for the purpose
5 of determining whether the question should not
be answered on the grounds set forth in
6 section 221.2 of these rules and, in such
event, the reason for the communication shall
7 be stated for the record succinctly and
clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized
12 for all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
17 parties hereto that a copy of this examination
shall be furnished, without charge, to the
18 attorneys representing the witness testifying
herein.
19
20
21
22
23
24
25
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
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7
1 C. WOLSKE
2 C H R I S W O L S K E,
3 Having first been 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. DIAMOND:
8 Q Please state and spell your name for the
9 record.
10 A Chris W-O-L --
Wolske, C-H-R-I-S,
11 W-O-L-S-K-E.
12 Q What is your address?
13 A 160 Littleton Road in Parsippany, New
14 Jersey 07054.
15 Q Good morning.
16 A Good morning.
17 Q My name is Andrew Diamond. I'm an
18 attorney with the law firm of Sacks and Sacks.
19 I represent Kevin McGonigal. I'm going to ask
20 you questions this morning about an accident
21 that occurred to Mr. McGonigal on September 6,
22 2013, at a project known as the New York
23 Yankee Steakhouse in Manhattan.
24 Sitting to your right is a court
25 reporter that will take down everything that
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019
8
1 C. WOLSKE
2 is said in this room by you, me and all the
3 attorneys. The most important rule for her is
4 that she hears us, so if you could let me
5 finish my question before you answer, and I
6 will let you finish your answer before the
7 next question. Easy enough, right?
8 A Yes.
9 Q Okay. Give verbal responses to all the
10 questions. Try not to point to things in the
11 room for dimensions that can't be recorded
12 without words. If you need a break, let us
13 know. Okay?
14 A Okay.
15 Q Tell me who you're employed by?
16 A Baring Industries.
17 Q How long have you been with Baring?
18 A Three and a half years.
19 Q Did you start with them before or after
20 September 6, 2013, which is the date of the
21 accident?
22 A Before.
23 Q How long before?
24 A Less than a year.
25 Q And what position did you hold when you
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
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1 C. WOLSKE
2 started with them?
3 A Project manager.
4 Q What position do you hold today?
5 A Project manager.
6 Q Are your duties more or less the same?
7 A Yes.
8 Q How many years have you worked in the
9 construction industry?
10 A Twenty-two.
11 Q Just going to take you through your
12 background, your highest level of completed
13 education?
14 A High school.
15 Q And when you went into the workforce in
16 construction, what did you do first?
17 A I started out doing refrigeration.
18 Q And did you actually do labor?
19 A Yes.
20 Q Were you a member of a union back then?
21 A No.
22 Q How long did you work doing
23 refrigeration?
24 A Five years.
25 Q What did you do with respect to
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
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10
1 C. WOLSKE
2 refrigeration?
3 A Service ice cream machines.
4 Q Who did you work for during that time?
5 A Taylor Products of New Jersey.
6 Q Who is the next company that you worked
7 for after them?
8 A Pecinka Ferri.
9 Q Spell that for the record, please.
10 A P-E-C-I-N-K-A, F-E-R-R-I.
11 Q What kind of a company are they?
12 A It's a manufacturer's representative for
13 food service equipment.
14 Q What did you do for that company?
15 A I was hired to start an install side of
16 the business.
17 Q Installing what?
18 A Food service equipment.
19 Q What was your role with that?
20 A Project manager.
21 Q Did you work on projects where they were
22 installing new equipment?
23 A Yes.
24 Q How long did you do that for?
25 A Maybe five years.
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
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11
1 C. WOLSKE
2 Q Who did you work for after that?
3 A Singer, Singer Equipment.
4 Q What kind of a business are they?
5 A Same thing, it's food service equipment.
6 Q What did you do for that company?
7 A Project manager.
8 Q How many years?
9 A Nine and a half.
10 Q Who is the next company that you worked
11 for?
12 A Baring.
13 Q And they hired you as a project manager?
14 A Yes.
15 Q To do what, what were your duties when
16 you started with the company?
17 A We oversee the project, we get the
18 drawings from the food service consultant and
19 we need to make sure all the equipment is
20 going to fit and that we order the correct
21 equipment based on original design intent.
22 Q When you say that as a project manager
23 you oversee the project, does that bring you
24 to construction sites that are ongoing?
25 A I go, yes. I visit the site.
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013
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12
1 C. WOLSKE
2 Q Do you have a role once you get the
3 drawings in ordering the equipment that's
4 used?
5 A I -- I don't process the paperwork
6 ordering the equipment, but my role is to make
7 sure that the equipment is correct, so there
8 is a role. I'm not sure if that's what you
9 were asking.
10 Q It is.
11 A Okay.
12
Preview
FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 EXHIBIT “S” EXHIBIT “S” FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF NEW YORK --------------------------------------------X 3 KEVIN MCGONIGAL, Index No. 158327/2013 4 Plaintiff, 5 -against- 6 NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP. and BARING INDUSTRIES, 7 INC., 8 Defendants. ----------.----------------------------------X 9 PLAZA CONSTRUCTION CORP., 10 Third-Party Plaintiff, 11 -against- 12 BARING INDUSTRIES, INC., 13 Third-Party Defendant. --------------------------------------------X 14 (CAPTION CONTINUED ON FOLLOWING PAGE) 15 16 17 EXAMINATION BEFORE TRIAL of CHRIS WOLSKE, 18 taken pursuant to Article 31 of the Civil Practice Law & Rules 19 of Testimony, and Court Order, held at the Law Offices of 20 Charles J. Siegel, 125 Broad Street, New York, New York, on 21 May 3, 2017, at 11:19 a.m., before LAURA A. PENA, a Notary 22 Public of the State of New York. 23 24 25 FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 . 2 1 ___________________-------------------------X 2 BARING INDUSTRIES, INC., 3 Second Third-Party Plaintiff, 4 -against- 5 DAY & NITE REFRIGERATION CORP., and KIMCO REFRIGERATION CORP., 6 Second Third-Party Defendants. 7 --------------------------------------------X NYY STEAK MANHATTAN, LLC & PLAZA 8 CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., 9 Third Third-Party Plaintiffs, 10 -against- 11 B&G ELECTRICAL CONTRACTORS, ESS & VEE 12 ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRIES, INC., 13 Third Third-Party Defendants. 14 --------------------------------------------X 15 16 17 18 19 20 21 22 23 24 25 FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 . 3 1 A P P E A R A N C E S: 2 3 SACKS AND SACKS, LLP Attorneys for Plaintiff 4 KEVIN MCGONIGAL 150 Broadway, 4th Floor 5 New York, New York 10038 BY: ANDREW DIAMOND, ESQ. 6 7 FABIANI COHEN & HALL, LLP 8 Attorneys for Defendant/ Third-Party Plaintiff/Third 9 Third-Party Plaintiff PLAZA CONSTRUCTION CORP. 10 NYY STEAK MANHATTAN, LLC, and PLAZA CONSTRUCTION, LLC f/k/a 11 PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4th Floor 12 New York, New York 10022 BY: PATRICK AURILIA, ESQ. 13 File No. 731.37312 14 15 LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Third-Party 16 Defendant/Second Third-Party Plaintiff 17 BARING INDUSTRIES, INC. 125 Broad Street, 7th Floor 18 New York, New York 10004 BY: NICK DIAMANTIS, ESQ. 19 20 21 22 23 24 25 FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 . 4 1 A P P E A R A N C E S: 2 3 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Second Third-Party 4 Defendants DAY & NITE REFRIGERATION CORP. 5 and KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 6 Woodbury, New York 11797 BY: ALLEN LIGHT, ESQ. 7 8 VIGORITO, BARKER, PORTER & PATTERSON, 9 LLP Attorneys for Third Third-Party 10 Defendant B&G ELECTRICAL CONTRACTORS 11 115 Stevens Avenue Valhalla, New York 10595 12 BY: EILEEN R. FULLERTON, ESQ. 13 14 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. 15 Attorneys for Third Third-Party Defendant 16 ESS & VEE ACOUSTICAL CONTRACTORS, INC. 17 111 John Street New York, New York 10038 18 BY: ROBERT J. PALISENO, ESQ. File No. AWA-00112 19 20 21 22 23 24 25 . . FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 5 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 21.1 Objections at Depositions 3 (a) Objections in general. No objections shall be made at a deposition except those 4 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 5 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 6 such rule. All objections made at a deposition shall be noted by the officer 7 before whom the deposition is taken, and the answer shall be given and the deposition shall 8 proceed subject to the objections and to the right of a person to apply for appropriate 9 relief pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 10 objection raised during a deposition shall be stated succinctly and framed so as not to 11 suggest and answer to the deponent and, at the request of the questioning attorney, shall 12 include a clear statement as to any defect in form or other basis of error or irregularity. 13 Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the 14 examination, persons in attendance shall not make statements or comments that interfere 15 with the questioning. 221.2 Refusal to answer when objection is 16 made. A deponent shall answer all questions at a deposition, except (i) to preserve a 17 privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of 18 the court, or (iii) when the question is plainly improper and would, if answered, cause 19 significant prejudice to any person. An attorney shall not direct a deponent not to 20 answer except as provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or 21 direction not to answer shall be accompanied by a succinct and clear statement of the basis 22 therefor. If the deponent does not answer a question, the examining party shall have the 23 right to complete the remainder of the deposition. 24 25 FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 6 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.3 Communication with the deponent. 3 An attorney shall not interrupt the deposition for the purpose of communicating 4 with the deponent unless all parties consent or the communication is made for the purpose 5 of determining whether the question should not be answered on the grounds set forth in 6 section 221.2 of these rules and, in such event, the reason for the communication shall 7 be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized 12 for all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 17 parties hereto that a copy of this examination shall be furnished, without charge, to the 18 attorneys representing the witness testifying herein. 19 20 21 22 23 24 25 FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 7 1 C. WOLSKE 2 C H R I S W O L S K E, 3 Having first been 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. DIAMOND: 8 Q Please state and spell your name for the 9 record. 10 A Chris W-O-L -- Wolske, C-H-R-I-S, 11 W-O-L-S-K-E. 12 Q What is your address? 13 A 160 Littleton Road in Parsippany, New 14 Jersey 07054. 15 Q Good morning. 16 A Good morning. 17 Q My name is Andrew Diamond. I'm an 18 attorney with the law firm of Sacks and Sacks. 19 I represent Kevin McGonigal. I'm going to ask 20 you questions this morning about an accident 21 that occurred to Mr. McGonigal on September 6, 22 2013, at a project known as the New York 23 Yankee Steakhouse in Manhattan. 24 Sitting to your right is a court 25 reporter that will take down everything that FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 8 1 C. WOLSKE 2 is said in this room by you, me and all the 3 attorneys. The most important rule for her is 4 that she hears us, so if you could let me 5 finish my question before you answer, and I 6 will let you finish your answer before the 7 next question. Easy enough, right? 8 A Yes. 9 Q Okay. Give verbal responses to all the 10 questions. Try not to point to things in the 11 room for dimensions that can't be recorded 12 without words. If you need a break, let us 13 know. Okay? 14 A Okay. 15 Q Tell me who you're employed by? 16 A Baring Industries. 17 Q How long have you been with Baring? 18 A Three and a half years. 19 Q Did you start with them before or after 20 September 6, 2013, which is the date of the 21 accident? 22 A Before. 23 Q How long before? 24 A Less than a year. 25 Q And what position did you hold when you FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 9 1 C. WOLSKE 2 started with them? 3 A Project manager. 4 Q What position do you hold today? 5 A Project manager. 6 Q Are your duties more or less the same? 7 A Yes. 8 Q How many years have you worked in the 9 construction industry? 10 A Twenty-two. 11 Q Just going to take you through your 12 background, your highest level of completed 13 education? 14 A High school. 15 Q And when you went into the workforce in 16 construction, what did you do first? 17 A I started out doing refrigeration. 18 Q And did you actually do labor? 19 A Yes. 20 Q Were you a member of a union back then? 21 A No. 22 Q How long did you work doing 23 refrigeration? 24 A Five years. 25 Q What did you do with respect to FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 10 1 C. WOLSKE 2 refrigeration? 3 A Service ice cream machines. 4 Q Who did you work for during that time? 5 A Taylor Products of New Jersey. 6 Q Who is the next company that you worked 7 for after them? 8 A Pecinka Ferri. 9 Q Spell that for the record, please. 10 A P-E-C-I-N-K-A, F-E-R-R-I. 11 Q What kind of a company are they? 12 A It's a manufacturer's representative for 13 food service equipment. 14 Q What did you do for that company? 15 A I was hired to start an install side of 16 the business. 17 Q Installing what? 18 A Food service equipment. 19 Q What was your role with that? 20 A Project manager. 21 Q Did you work on projects where they were 22 installing new equipment? 23 A Yes. 24 Q How long did you do that for? 25 A Maybe five years. FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 11 1 C. WOLSKE 2 Q Who did you work for after that? 3 A Singer, Singer Equipment. 4 Q What kind of a business are they? 5 A Same thing, it's food service equipment. 6 Q What did you do for that company? 7 A Project manager. 8 Q How many years? 9 A Nine and a half. 10 Q Who is the next company that you worked 11 for? 12 A Baring. 13 Q And they hired you as a project manager? 14 A Yes. 15 Q To do what, what were your duties when 16 you started with the company? 17 A We oversee the project, we get the 18 drawings from the food service consultant and 19 we need to make sure all the equipment is 20 going to fit and that we order the correct 21 equipment based on original design intent. 22 Q When you say that as a project manager 23 you oversee the project, does that bring you 24 to construction sites that are ongoing? 25 A I go, yes. I visit the site. FILED: NEW YORK COUNTY CLERK 07/18/2019 04:15 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 306 RECEIVED NYSCEF: 07/18/2019 12 1 C. WOLSKE 2 Q Do you have a role once you get the 3 drawings in ordering the equipment that's 4 used? 5 A I -- I don't process the paperwork 6 ordering the equipment, but my role is to make 7 sure that the equipment is correct, so there 8 is a role. I'm not sure if that's what you 9 were asking. 10 Q It is. 11 A Okay. 12