Preview
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 ²°"
RECEIVED NYSCEF: 07/19/2019
²
RUUÊWEB
COPY ñwnuthw
Julian Gomez 06/05/2018
1 J . Gonzal ez
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF NEW YORK
4 --------------------------------------------- x
5 KEVIN McGONIGAL,
6 Plaintiff(s), Index No.
158327/2013
-against-
7
8 NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION
CORP. and BARING INDUSTRIES, INC.,
9
Defendant(s) .
10
-------------------------------------------- x
11 PLAZA CONSTRUCTION CORP.,
12 Thi rd-Party Plaintiff(s),
13
-against-
14 BARING INDUSTRIES, INC.,
15 Thi rd-Party Defendant (s) .
-------------------------------------------- x
16 BARING INDUSTRIES, INC.,
17 Second Third-Party Plaintiff(s),
18
-against-
19 DAY & NITE REFRIGERATION CORP. and KIMCO
REFRIGERATION CORP.,
20
Second Thi rd-Party Defendant (s) .
21 -------------------------------------------- x
22 DATE: JUNE 5, 2018
23 TIME: 10:44 a.m.
24 DEPONENT: JULIAN GOMEZ
25 REPORTED BY: SANDRA BRUZZESE
1
McCorkle Litigation Services, Inc.
chicago, Ilhnois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF NEW YORK
-------------------------------------------- x
4
5 NYY STEAK MANHATTAN, LLC and PLAZA
CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION
6 CORP.,
7 Third Third-Party Plaintiff(s),
-against-
8
9 B&G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC. and BARING
10 INDUSTRIES, INC,
11 Third Third-Party Defendant(s).
-------------------------------------------- x
12
Sacks and Sacks, LLP
13 150 Broadway
New York, New York
14
15 June 5, 2018
16 10:44 a.m.
17 EXAMINATION BEFORE TRIAL Of JULIAN
18 GOMEZ, for DAY & NITE REFRIGERATION CORP. and
19 KIMCO REFRIGERATION CORP., by the Respective
20 Parties in the above-entitled action, held at
21 the above time and place, pursuant to Order,
22 taken before SANDRA BRUZZESE, a shorthand
23 reporter and Notary Public within and for the
24 State of New York.
25
2
McCorkle Litigation Services, Inc.
chicago, Illinois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM)
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 A P P E A R A N C E S:
3
4 SACKS & SACKS , LLP
Attorneys for Pl ai nti ff (s)
5 150 Broadway
New York , New York 10038
6
BY: ANDREW DIAMOND, ESQ .
7 adiamond@sacks-Sacks . com
8
FABIANI COHEN & HALL , LLP
9 Attorneys for Defendant(s)
NYY STEAK MANHATTAN, LLC and
10 PLAZA CONSTRUCTION CORP.
570 Lexington Avenue , 4th Floor
11 New York , New York 10022
12 BY: PATRICK AURILIA, ESQ .
FILE NO. 731. 37312
13 auriliap@fcl 7 p. com
14
LAW OFFICES OF CHARLES 3 . SIEGEL
15 Attorneys for Defendant(s)
BARING INDUSTRIES , INC.
16 125 Broad Street, 7th Fl OOr
New York , New York 10004
17
BY: NIKOLAOS E. DIAMANTIS , ESQ.
18 nikolaos.diamantis@cna.com
19
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
20 Attorneys for Defendant(s) DAY &
NITE REFRIGERATION CORP. and
21 KIMCO REFRIGERATION CORP.
1000 Woodbury Road
22 Woodbury , New York 11797
23 BY: DAVID A. LORE , ESQ.
dlore@milbermakris.com
24
25
3
McCorkle Litigation Services, Inc.
chicago, Illinois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 A P P E A R A N C E S :
3
4 FULLERTON BECK LLP
Attorneys for Defendant (s)
5 ONE WEST RED OAK LANE
white Plains, New York 10604
6
BY: VICTORIA L. RONEMUS, ESQ.
7 FILE NO. 0062-013
vronemuseful 7 e rtonbeck . com
8
9
SMITH MAZURE DIRECTOR WILKINS YOUNG &
10 YAGERMAN, PC
Attorneys for Defendant (s)
11 ESS & VEE ACOUSTICAL
CONTRACTORS, INC.
12 111 John Street
New York, New York 10038
13
BY: ROBERT PALISENO, ESQ.
14 FILE NO. AWA112
rpal i seno@smi thmazure . com
15
16
XXXXX
17
18
19
20
21
22
23
24
25
McCorkle Litigation Services, Inc.
Chicago, Illinois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 S T I P U L A T I O N S
3 IT IS STIPULATED AND AGREED by and between
4 the attorneys for the respective parties
5 herein, and in compliance with Rule 221 of the
6 Uniform Rules for the Trial Courts:
7 THAT the parties recognize the provision of
8 Rule 3115 subdivisions (b), (c) and/or (d).
9 All objections made at a deposition shall be
10 noted by the officer before whom the
11 deposition is taken, and the answer shall be
12 given and the deposition shall proceed subject
13 to the objections and to the right of a person
14 to apply for appropriate relief pursuant to
15 Article 31 of the C.P.L.R.;
16 THAT every objection raised during a
17 deposition shall be stated succinctly and
18 framed so as not to suggest an answer to the
19 deponent and, at the request of the
20 questioning attorney, shall include a clear
21 statement as to any defect in form or other
22 basis of error or irregularity. Except to the
23 extent permitted by C.P.L.R. Rule 3115 or by
24 this rule, during the course of the
25 examination persons in attendance shall not
5
McCorkle Litigation Services, Inc.
chicago, Illinois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM)
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 make statements or comments that interfere
3 with the questioning.
4 THAT a deponent shall answer all questions
5 at a deposition, except (i) to preserve a
6 privilege or right of confidentiality, (ii) to
7 enforce a limitation set forth in an order of
8 a court, or (iii) when the question is plainly
9 improper and would, if answered, cause
10 significant prejudice to any person. An
11 attorney shall not direct a deponent not to
12 answer except as provided in C.P.L.R. Rule
13 3115 or this subdivision. Any refusal to
14 answer or direction not to answer shall be
15 accompanied by a succinct and clear statement
16 on the basis therefore. If the deponent does
17 not answer a quest-ion, the examining party
18 shall have the right to complete the remainder
19 of the deposition.
20 THAT an attorney shall not interrupt the
21 deposition for the purpose of communicating
22 with the deponent unless all parties consent
23 or the communication is made for the purpose
24 of determining whether the question should not
25 be answered on the grounds set forth in
6
McCorkle Litigation services, Inc.
chicago, Ilhnois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 Section 221.2 of these rules, and, in such
3 event, the reason for the communication shall
4 be stated for the record succinctly and
5 clearly.
6 THAT the failure to object to any question
7 or to move to strike any testimony at this
8 examination shall not be a bar or waiver to
9 make such objection or motion at the time of
10 the trial of this action, and is hereby
11 reserved; and
12 THAT this examination may be signed and
13 sworn to by the witness examined herein before
14 any Notary Public, but the failure to do so or
15 to return the original of the examination to
16 the attorney on whose behalf the examination
17 is taken, shall not be deemed a waiver of the
18 rights provided by Rules 3116 and 3117 of the
19 C.P.L.R., and shall be controlled thereby; and
20 THAT the certification and filing of the
21 original of this examination are hereby
22 waived; and
23 THAT the questioning attorney shall provide
24 counsel for the witness examined herein with a
25 copy of this examination at no charge.
7
McCorkle Litigation services, Inc.
chicago, Ilhnois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
AM|
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 J U L I A N G O M E Z, the witness herein,
3 having been first duly sworn before a Notary
4 Public of the State of New York, was examined
5 and testified as follows:
6 EXAMINATION
7 BY MR. DIAMANTIS:
8 Q. Please state your name for the
9 record.
10 A. Julian Gomez.
11 Q. State your address for the record,
12 please.
13 A.
14
15 Q. Good morning, Mr. Gomez.
16 A. Hello.
17 Q. My name is Nick Diamantis. I'm an
18 attorney with the Law Offices of charles J.
19 Siegel. We represent a defendant, Baring, in
20 this litigation.
21 I'm going to ask you a series of
22 questions regarding an incident that occurred
23 on September 6, 2013 at the New York Yankee
24 steakhouse.
25 Just a couple of ground rules for
8
McCorkle Litigation Services , Inc.
chicago, Ilhnois (312) 263-0052
FILED:
FILED: NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 07/19/2019
01/23/2019 11:32
10:28 AM
ANG
INDEX
INDEX NO.
NO. 158327/2013
158327/2013
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 338
235 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/19/2019
01/23/2019
Julian Gomez 06/05/2018
1 J. Gonzalez
2 you. If you don't understand one of my
3 questions, let me know and I will rephrase
4 the question for you.
5 We also have a court reporter here
6 who will be taking down everything that I say
7 and everything that you say, so it's
8 important that we don't talk over each other.
9 I kindly ask that you wait until I finish
10 asking my question. Even if you can
11 anticipate my question, just wait until I
12 finish before answering.
13
Preview
FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 ²°" RECEIVED NYSCEF: 07/19/2019 ² RUUÊWEB COPY ñwnuthw Julian Gomez 06/05/2018 1 J . Gonzal ez 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK 4 --------------------------------------------- x 5 KEVIN McGONIGAL, 6 Plaintiff(s), Index No. 158327/2013 -against- 7 8 NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP. and BARING INDUSTRIES, INC., 9 Defendant(s) . 10 -------------------------------------------- x 11 PLAZA CONSTRUCTION CORP., 12 Thi rd-Party Plaintiff(s), 13 -against- 14 BARING INDUSTRIES, INC., 15 Thi rd-Party Defendant (s) . -------------------------------------------- x 16 BARING INDUSTRIES, INC., 17 Second Third-Party Plaintiff(s), 18 -against- 19 DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., 20 Second Thi rd-Party Defendant (s) . 21 -------------------------------------------- x 22 DATE: JUNE 5, 2018 23 TIME: 10:44 a.m. 24 DEPONENT: JULIAN GOMEZ 25 REPORTED BY: SANDRA BRUZZESE 1 McCorkle Litigation Services, Inc. chicago, Ilhnois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK -------------------------------------------- x 4 5 NYY STEAK MANHATTAN, LLC and PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION 6 CORP., 7 Third Third-Party Plaintiff(s), -against- 8 9 B&G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC. and BARING 10 INDUSTRIES, INC, 11 Third Third-Party Defendant(s). -------------------------------------------- x 12 Sacks and Sacks, LLP 13 150 Broadway New York, New York 14 15 June 5, 2018 16 10:44 a.m. 17 EXAMINATION BEFORE TRIAL Of JULIAN 18 GOMEZ, for DAY & NITE REFRIGERATION CORP. and 19 KIMCO REFRIGERATION CORP., by the Respective 20 Parties in the above-entitled action, held at 21 the above time and place, pursuant to Order, 22 taken before SANDRA BRUZZESE, a shorthand 23 reporter and Notary Public within and for the 24 State of New York. 25 2 McCorkle Litigation Services, Inc. chicago, Illinois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM) INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 A P P E A R A N C E S: 3 4 SACKS & SACKS , LLP Attorneys for Pl ai nti ff (s) 5 150 Broadway New York , New York 10038 6 BY: ANDREW DIAMOND, ESQ . 7 adiamond@sacks-Sacks . com 8 FABIANI COHEN & HALL , LLP 9 Attorneys for Defendant(s) NYY STEAK MANHATTAN, LLC and 10 PLAZA CONSTRUCTION CORP. 570 Lexington Avenue , 4th Floor 11 New York , New York 10022 12 BY: PATRICK AURILIA, ESQ . FILE NO. 731. 37312 13 auriliap@fcl 7 p. com 14 LAW OFFICES OF CHARLES 3 . SIEGEL 15 Attorneys for Defendant(s) BARING INDUSTRIES , INC. 16 125 Broad Street, 7th Fl OOr New York , New York 10004 17 BY: NIKOLAOS E. DIAMANTIS , ESQ. 18 nikolaos.diamantis@cna.com 19 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP 20 Attorneys for Defendant(s) DAY & NITE REFRIGERATION CORP. and 21 KIMCO REFRIGERATION CORP. 1000 Woodbury Road 22 Woodbury , New York 11797 23 BY: DAVID A. LORE , ESQ. dlore@milbermakris.com 24 25 3 McCorkle Litigation Services, Inc. chicago, Illinois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 A P P E A R A N C E S : 3 4 FULLERTON BECK LLP Attorneys for Defendant (s) 5 ONE WEST RED OAK LANE white Plains, New York 10604 6 BY: VICTORIA L. RONEMUS, ESQ. 7 FILE NO. 0062-013 vronemuseful 7 e rtonbeck . com 8 9 SMITH MAZURE DIRECTOR WILKINS YOUNG & 10 YAGERMAN, PC Attorneys for Defendant (s) 11 ESS & VEE ACOUSTICAL CONTRACTORS, INC. 12 111 John Street New York, New York 10038 13 BY: ROBERT PALISENO, ESQ. 14 FILE NO. AWA112 rpal i seno@smi thmazure . com 15 16 XXXXX 17 18 19 20 21 22 23 24 25 McCorkle Litigation Services, Inc. Chicago, Illinois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 S T I P U L A T I O N S 3 IT IS STIPULATED AND AGREED by and between 4 the attorneys for the respective parties 5 herein, and in compliance with Rule 221 of the 6 Uniform Rules for the Trial Courts: 7 THAT the parties recognize the provision of 8 Rule 3115 subdivisions (b), (c) and/or (d). 9 All objections made at a deposition shall be 10 noted by the officer before whom the 11 deposition is taken, and the answer shall be 12 given and the deposition shall proceed subject 13 to the objections and to the right of a person 14 to apply for appropriate relief pursuant to 15 Article 31 of the C.P.L.R.; 16 THAT every objection raised during a 17 deposition shall be stated succinctly and 18 framed so as not to suggest an answer to the 19 deponent and, at the request of the 20 questioning attorney, shall include a clear 21 statement as to any defect in form or other 22 basis of error or irregularity. Except to the 23 extent permitted by C.P.L.R. Rule 3115 or by 24 this rule, during the course of the 25 examination persons in attendance shall not 5 McCorkle Litigation Services, Inc. chicago, Illinois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM) INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 make statements or comments that interfere 3 with the questioning. 4 THAT a deponent shall answer all questions 5 at a deposition, except (i) to preserve a 6 privilege or right of confidentiality, (ii) to 7 enforce a limitation set forth in an order of 8 a court, or (iii) when the question is plainly 9 improper and would, if answered, cause 10 significant prejudice to any person. An 11 attorney shall not direct a deponent not to 12 answer except as provided in C.P.L.R. Rule 13 3115 or this subdivision. Any refusal to 14 answer or direction not to answer shall be 15 accompanied by a succinct and clear statement 16 on the basis therefore. If the deponent does 17 not answer a quest-ion, the examining party 18 shall have the right to complete the remainder 19 of the deposition. 20 THAT an attorney shall not interrupt the 21 deposition for the purpose of communicating 22 with the deponent unless all parties consent 23 or the communication is made for the purpose 24 of determining whether the question should not 25 be answered on the grounds set forth in 6 McCorkle Litigation services, Inc. chicago, Ilhnois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 Section 221.2 of these rules, and, in such 3 event, the reason for the communication shall 4 be stated for the record succinctly and 5 clearly. 6 THAT the failure to object to any question 7 or to move to strike any testimony at this 8 examination shall not be a bar or waiver to 9 make such objection or motion at the time of 10 the trial of this action, and is hereby 11 reserved; and 12 THAT this examination may be signed and 13 sworn to by the witness examined herein before 14 any Notary Public, but the failure to do so or 15 to return the original of the examination to 16 the attorney on whose behalf the examination 17 is taken, shall not be deemed a waiver of the 18 rights provided by Rules 3116 and 3117 of the 19 C.P.L.R., and shall be controlled thereby; and 20 THAT the certification and filing of the 21 original of this examination are hereby 22 waived; and 23 THAT the questioning attorney shall provide 24 counsel for the witness examined herein with a 25 copy of this examination at no charge. 7 McCorkle Litigation services, Inc. chicago, Ilhnois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM AM| INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 J U L I A N G O M E Z, the witness herein, 3 having been first duly sworn before a Notary 4 Public of the State of New York, was examined 5 and testified as follows: 6 EXAMINATION 7 BY MR. DIAMANTIS: 8 Q. Please state your name for the 9 record. 10 A. Julian Gomez. 11 Q. State your address for the record, 12 please. 13 A. 14 15 Q. Good morning, Mr. Gomez. 16 A. Hello. 17 Q. My name is Nick Diamantis. I'm an 18 attorney with the Law Offices of charles J. 19 Siegel. We represent a defendant, Baring, in 20 this litigation. 21 I'm going to ask you a series of 22 questions regarding an incident that occurred 23 on September 6, 2013 at the New York Yankee 24 steakhouse. 25 Just a couple of ground rules for 8 McCorkle Litigation Services , Inc. chicago, Ilhnois (312) 263-0052 FILED: FILED: NEW YORK NEW YORK COUNTY COUNTY CLERK CLERK 07/19/2019 01/23/2019 11:32 10:28 AM ANG INDEX INDEX NO. NO. 158327/2013 158327/2013 NYSCEF NYSCEF DOC. DOC. NO. NO. 338 235 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/19/2019 01/23/2019 Julian Gomez 06/05/2018 1 J. Gonzalez 2 you. If you don't understand one of my 3 questions, let me know and I will rephrase 4 the question for you. 5 We also have a court reporter here 6 who will be taking down everything that I say 7 and everything that you say, so it's 8 important that we don't talk over each other. 9 I kindly ask that you wait until I finish 10 asking my question. Even if you can 11 anticipate my question, just wait until I 12 finish before answering. 13