Preview
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 355 RECEIVED NYSCEF: 07/22/2019
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
- NYSCEF
- 0T930+27-AMIP¯¯¯¯-FMDE NO 20
-
DOC. NO. 355
F-ILE1h--NEW--YORK---CGUN'1LY -GLERK--U-L-v-z-s-/-2 RECEIVED NYSCEF: 07/22/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 -------------------------------------X
4 KEVIN MCGONIGAL,
5 Plaintiff,
6
-against-
7 Index No.
8 158327/13
9 NYY STEAK MANHATTAN, LLC, PLAZA
CONSTRUCTION CORP. and BARING
10 INDUSTRIES, INC.,
11 Defendants.
12 -------------------------------------X
PLAZA CONSTRUCTION CORP.,
13
Third-Party Plaintiff
14
-against-
15 TP Index No.
595146/14
16
BARING INDUSTRIES, INC.,
17
Third-Party Defendant
18 -------------------------------------X
BARING INDUSTRIES, INC.,
19
Second Third-Party Plaintiff,
20
-against-
21 Second TP Index No.
595130/15
22
DAY & NITE REFRIGERATION CORP. and KIMCO
23 REFRIGERATION CORP.,
'' Defendants.
24 Second Third-Party
.. --------------------------------------X
25
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
355O RK-- ÉŸ- Ï'-I- 714R-K--- O 2j_- -2- 2 0 3r
NYSCEF
F-1%ED DOC.
:-NENO.W--Y GOUN Q -J_-y--±U-:-Z d - -AM - ---- ---- -- - INDEX__NG.__1£8S27_-/
RECEIVED NYSCEF: 07/22/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
2
1
2 --------------------------------------X
NYY STEAK MANHATTAN, LLC & PLAZA
3 CONSTRUCTION LLC f/k/a PLAZA
CONSTRUCTION CORP.,
4
Third Third-Party Plaintiffs,
5
-against-
6
B & G ELECTRICAL CONTRACTORS, ESS & VEE
7 ACOUSTICAL CONTRACTORS, INC., and BARING
INDUSTRIES, INC.,
8
Third Third-Party Defendants.
9 ---------------------------------------X
March 10, 2 017
10 10:14 a.m.
11 111 John Street
New York, New York
12
13 EXAMINATION BEFORE TRIAL of GEORGE
14 E. USHER, JR., the Defendant herein,
15 taken by the Plaintiff, pursuant to
16 Article 31 of the Civil Practice Law and
17 Rules of Testimony, and NOTICE, held at
18 the above-mentioned time and place,
19 before Maryellyn Feiler, a Notary Public
20 of the State of New York.
21
22
23
24
..
25
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
8---
NYSCEF
3F-I-LEDT-NEW
-YORX-COUNTY--
DOC. NO. 355 CLERK-0-FE2-37-2 0T9-T0P2 ---------NDEXrNOn15232T/_2013
RECEIVED NYSCEF: 07/22/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
3
1
2 A P P E A R A N C E S:
3 SACKS & SACKS, LLP
Attorneys for Plaintiff
4 150 Broadway
New York, New York 10038
5
BY: ANDREW DIAMOND, ESQ.
6
7 LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Baring Industries
8 125 Broad Street
New York, New York 10004
9
BY: NIKOLAOS DIAMANTIS, ESQ.
10
11 MILBER, MAKRIS, PLOUSADIS, &
SEIDEN, LLP
12 Attorneys for Day & Nite
Refrigeration Corp. and K.I.M.
13 Co. Refrigeration Corp.
1000 Woodbury Road, Suite 402
14 Woodbury, New York 11797
15 BY: ALLEN LIGHT, ESQ.
16
VIGORITO, BARKER, PORTER &
17 PATTERSON, LLP
Attorneys for B & G Electrical
18 Contractors
115 Stevens Avenue
19 Valhalla, New York 10595
20 BY: JASON AARON, ESQ.
21
22
23
24
25
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 355
FYIIEDT¯-NEW -Y6RK-ÈOUNTY -CIIERlPD-Il¯Ž¯TI2-03-9=F0¯T-2
?°M¶P2 07/22/2019
RECEIVED NYSCEF: 201
8-X1ul-------™D_E_
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
..
4
1
2 A P P E A R A N C E S: (CONTINUED)
3
4
SMITH MAZURE DIRECTOR WILKINS YOUNG
5 & YAGERMAN, P . C .
Attorneys for ESS & VEE
6 Acoustical Contractors, Inc.
111 John Street
7 New York, New York 10038
8 BY: ROBERT PALISENO, ESQ.
9
10
11 FABIANI COHEN & HALL, LLP
Attorneys for NYY Steak
12 Manhattan, LLC and Plaza
Construction LLC, Plaza
13 Construction Corp.
570 Lexington Avenue
14 New York, New York 10022
15 BY: PATRICK AURILIA, ESQ.
1 6
17
18
19
2 0
21
2 2
2 3
2 4
2 5
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
NYSCEF DOC.
fF-I-L ED NO. 355
-:-NEW--YORFEGUNTY-GLERFOT/-2T/-203.-9--£0T-2
8--X1%j----- -™™f2
RECEIVED NYSCEF: 07/22/2019
F1-3--
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
5
1
2 221. UNIFORM ROLES FOR THE CONDUCT OF
DEPOSITIONS
3
221.1 Objections at Depositions
4 (a) Objections in general. No
objections shall be made at a deposition
5 except those which, pursuant to
subdivision (b), (c) or (d) of Rule 3115
6 of the Civil Practice Law and Rules,
would be waived if not interposed, and
7 except in compliance with subdivision
(e) of such rule. All objections made
8 at a deposition shall be noted by the
officer before whom the deposition is
9 taken, and the answer shall be given and
the deposition shall proceed subject to
10 the objections and to the right of a
person to apply for appropriate relief
11 pursuant to Article 31 of the CPLR.
(B) Speaking objections restricted.
12 Every objection raised during a
deposition shall be stated succinctly
13 and framed so as not to suggest and
answer to the deponent and, at the
14 request of the questioning attorney,
shall include a clear statement as to
15 any defect in form or other basis of
error or irregularity. Except to the
16 extent permitted by the CPLR Rule 3115
or by this rule, during the course of
17 the examination, persons in attendance
shall not make statements or comments
18 that interfere with the questioning.
221.2 Refusal to answer when
19 objection is made. A deponent shall
answer all questions at a deposition,
20 except (i) to preserve a privilege or
right of confidentiality, (ii) to
21 enforce a limitation set forth in an
order of the Court, or (iii) when the
22 question is plainly improper and would,
if answered, cause significant prejudice
23 to any person. An attorney shall not
direct a deponent not to answer except
24 as provided in CPLR Rule 3115 or this
subdivision. Any refusal to- answer
25 or direction not to answer shall be
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
-- - H EX
13--
NYSCEF DOC.
F-I-L ED NO. 355
:-NEW-YORK-EOUNTY--GLTRK-0Ff2 3 A2 0 F9=FOT-2
8-AMl- -- --RECEIVED No-1
NYSCEF: 173T/ 2
07/22/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
6
1
2 Accompanied by a succinct and clear
statement of the basis therefor. If the
3 deponent does not answer a question, the
examining party shall have the right to
4 complete the remainder of the
deposition.
5 221.3 Communication with the
deponent. An attorney shall not
6 interrupt the deposition for the purpose
of communicating with the deponent
7 unless all parties consent or the
communication is made for the purpose of
8 determining whether the question should
not be answered on the grounds set forth
9 in section 221.2 of these rules and, in
such event, the reason for the
10 communication shall be stated for the
record succinctly and clearly.
11 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
12 a Notary Public with the same force and
effect as if signed before a clerk or a
13 Judge of the Court.
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
IT IS FURTHER STIPULATED AND AGREED
16 that all rights provided to all parties
by the CPLR cannot be deemed waived and
17 the appropriate sections of the CPLR.
Shall be controlling with respect
18 hereto.
IT IS FURTHER STIPULATED AND AGREED
19 by and between the attorneys for the
respective parties hereto that a copy of
20 this examination shall be furnished,
without charge, to the attorneys
21 representing the witness testifying
herein.
22
23
24
25
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 355 - -TND
RECEIVED NOM5232T/201
NYSCEF: 07/22/2019
IFI-LED:--NEWZYORK=COUNTY=CLERK=0-1=F23-/20-1-9-10 :-2-8-AM --_
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
7
1 G. E. USHER, JR.
2 G E O R G E E. U S H E R, J R. the
3 Witness herein, having been first
4 duly sworn by a Notary Public in
5 and of the State of New York, was
6 examined and testified as follows:
7 EXAMINATION BY
8 MR. DIAMOND:
9 Q. Please state your name for the record.
10 A. My name is George E. Usher, Jr.
11 Q. Please state your address for the
12 record.
13 A. My business addres s is
14
15 Q. Good morning, Mr. Usher.
16 A. Good morning.
17 Q. My name is Andrew Diamond. I'm an
18 attorney with the firm Sacks and Sacks. I
19 represent Kevin McGOnigal. I'm going to
20 ask you some questions today about an
21 accident that occurred to Mr. McGonigal on
22 September 6, 2013 at a project known as
23 the New Yankee Steak HOuse being
24 constructed in New York City.
25 I'm going to ask you questions about
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
-ŸORK-COUNTY--- ---RECEIVED
-_½™™--Isw2r/m3--
NYSCEF
jF I-LEEDOC. NO. 355
--NEW C LE RK--0-1f2 3-/-2 0 1-9--1-0 :-2 8--AM1 NYSCEF: 07/22/2019
NYsCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
8
1 G. E. USHER, JR.
2 what you may know of the accident and that
3 construction project. You have a court
4 reporter sitting to your left that will
5 take down everything that's said in this
6 room by yourself and any of the attorneys
7 that are here.
8 It's important that she get an
9 accurate record, so let's do our best to
10 not speak over each other. It's common
11 tendency. Let me finish my question
12 before you answer, it makes life easier,
13 okay?
14 A. Okay.
15 Q. If you need to take a break, let us
16 know. That will be fine, This is a
17 little odd with the round table, but let's
18 do your best here and hopefully we can get
19 everything down.
20 Tell me who you're employed by.
21 A. Plaza Construction.
22 Q. What's the full name of that entity?
23 A. Plaza Construction, LLC.
24 Q. Was there a change in the name of that
25 entity, to your knowledge?
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013
13--
NYSCEF DOC. NO. 355
FIIED-i-NEW=YORX--COUNTY=CT-iRWK---0-3-/-2-3 f2019 -10 28
AMl----- N M-NC
RECEIVED NYSCEF: S$3 2T/ 2 0
07/22/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019
9
1 G. E. USHER, JR.
2 A. Maybe. I don't know.
3 Q. How long are you with the company?
4 A. 16 years.
5 Q. What is your present title or
6 position?
7 A. Superintendent.
8 Q. Had you ever known the company to be
9 called Plaza Construction Corp.?
10 A. Yes.
11 Q.
Preview
FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 355 RECEIVED NYSCEF: 07/22/2019 FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 - NYSCEF - 0T930+27-AMIP¯¯¯¯-FMDE NO 20 - DOC. NO. 355 F-ILE1h--NEW--YORK---CGUN'1LY -GLERK--U-L-v-z-s-/-2 RECEIVED NYSCEF: 07/22/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 -------------------------------------X 4 KEVIN MCGONIGAL, 5 Plaintiff, 6 -against- 7 Index No. 8 158327/13 9 NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP. and BARING 10 INDUSTRIES, INC., 11 Defendants. 12 -------------------------------------X PLAZA CONSTRUCTION CORP., 13 Third-Party Plaintiff 14 -against- 15 TP Index No. 595146/14 16 BARING INDUSTRIES, INC., 17 Third-Party Defendant 18 -------------------------------------X BARING INDUSTRIES, INC., 19 Second Third-Party Plaintiff, 20 -against- 21 Second TP Index No. 595130/15 22 DAY & NITE REFRIGERATION CORP. and KIMCO 23 REFRIGERATION CORP., '' Defendants. 24 Second Third-Party .. --------------------------------------X 25 FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 355O RK-- ÉŸ- Ï'-I- 714R-K--- O 2j_- -2- 2 0 3r NYSCEF F-1%ED DOC. :-NENO.W--Y GOUN Q -J_-y--±U-:-Z d - -AM - ---- ---- -- - INDEX__NG.__1£8S27_-/ RECEIVED NYSCEF: 07/22/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 2 1 2 --------------------------------------X NYY STEAK MANHATTAN, LLC & PLAZA 3 CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., 4 Third Third-Party Plaintiffs, 5 -against- 6 B & G ELECTRICAL CONTRACTORS, ESS & VEE 7 ACOUSTICAL CONTRACTORS, INC., and BARING INDUSTRIES, INC., 8 Third Third-Party Defendants. 9 ---------------------------------------X March 10, 2 017 10 10:14 a.m. 11 111 John Street New York, New York 12 13 EXAMINATION BEFORE TRIAL of GEORGE 14 E. USHER, JR., the Defendant herein, 15 taken by the Plaintiff, pursuant to 16 Article 31 of the Civil Practice Law and 17 Rules of Testimony, and NOTICE, held at 18 the above-mentioned time and place, 19 before Maryellyn Feiler, a Notary Public 20 of the State of New York. 21 22 23 24 .. 25 FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 8--- NYSCEF 3F-I-LEDT-NEW -YORX-COUNTY-- DOC. NO. 355 CLERK-0-FE2-37-2 0T9-T0P2 ---------NDEXrNOn15232T/_2013 RECEIVED NYSCEF: 07/22/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 3 1 2 A P P E A R A N C E S: 3 SACKS & SACKS, LLP Attorneys for Plaintiff 4 150 Broadway New York, New York 10038 5 BY: ANDREW DIAMOND, ESQ. 6 7 LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Baring Industries 8 125 Broad Street New York, New York 10004 9 BY: NIKOLAOS DIAMANTIS, ESQ. 10 11 MILBER, MAKRIS, PLOUSADIS, & SEIDEN, LLP 12 Attorneys for Day & Nite Refrigeration Corp. and K.I.M. 13 Co. Refrigeration Corp. 1000 Woodbury Road, Suite 402 14 Woodbury, New York 11797 15 BY: ALLEN LIGHT, ESQ. 16 VIGORITO, BARKER, PORTER & 17 PATTERSON, LLP Attorneys for B & G Electrical 18 Contractors 115 Stevens Avenue 19 Valhalla, New York 10595 20 BY: JASON AARON, ESQ. 21 22 23 24 25 FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 355 FYIIEDT¯-NEW -Y6RK-ÈOUNTY -CIIERlPD-Il¯Ž¯TI2-03-9=F0¯T-2 ?°M¶P2 07/22/2019 RECEIVED NYSCEF: 201 8-X1ul-------™D_E_ NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 .. 4 1 2 A P P E A R A N C E S: (CONTINUED) 3 4 SMITH MAZURE DIRECTOR WILKINS YOUNG 5 & YAGERMAN, P . C . Attorneys for ESS & VEE 6 Acoustical Contractors, Inc. 111 John Street 7 New York, New York 10038 8 BY: ROBERT PALISENO, ESQ. 9 10 11 FABIANI COHEN & HALL, LLP Attorneys for NYY Steak 12 Manhattan, LLC and Plaza Construction LLC, Plaza 13 Construction Corp. 570 Lexington Avenue 14 New York, New York 10022 15 BY: PATRICK AURILIA, ESQ. 1 6 17 18 19 2 0 21 2 2 2 3 2 4 2 5 FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 NYSCEF DOC. fF-I-L ED NO. 355 -:-NEW--YORFEGUNTY-GLERFOT/-2T/-203.-9--£0T-2 8--X1%j----- -™™f2 RECEIVED NYSCEF: 07/22/2019 F1-3-- NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 5 1 2 221. UNIFORM ROLES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions 4 (a) Objections in general. No objections shall be made at a deposition 5 except those which, pursuant to subdivision (b), (c) or (d) of Rule 3115 6 of the Civil Practice Law and Rules, would be waived if not interposed, and 7 except in compliance with subdivision (e) of such rule. All objections made 8 at a deposition shall be noted by the officer before whom the deposition is 9 taken, and the answer shall be given and the deposition shall proceed subject to 10 the objections and to the right of a person to apply for appropriate relief 11 pursuant to Article 31 of the CPLR. (B) Speaking objections restricted. 12 Every objection raised during a deposition shall be stated succinctly 13 and framed so as not to suggest and answer to the deponent and, at the 14 request of the questioning attorney, shall include a clear statement as to 15 any defect in form or other basis of error or irregularity. Except to the 16 extent permitted by the CPLR Rule 3115 or by this rule, during the course of 17 the examination, persons in attendance shall not make statements or comments 18 that interfere with the questioning. 221.2 Refusal to answer when 19 objection is made. A deponent shall answer all questions at a deposition, 20 except (i) to preserve a privilege or right of confidentiality, (ii) to 21 enforce a limitation set forth in an order of the Court, or (iii) when the 22 question is plainly improper and would, if answered, cause significant prejudice 23 to any person. An attorney shall not direct a deponent not to answer except 24 as provided in CPLR Rule 3115 or this subdivision. Any refusal to- answer 25 or direction not to answer shall be FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 -- - H EX 13-- NYSCEF DOC. F-I-L ED NO. 355 :-NEW-YORK-EOUNTY--GLTRK-0Ff2 3 A2 0 F9=FOT-2 8-AMl- -- --RECEIVED No-1 NYSCEF: 173T/ 2 07/22/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 6 1 2 Accompanied by a succinct and clear statement of the basis therefor. If the 3 deponent does not answer a question, the examining party shall have the right to 4 complete the remainder of the deposition. 5 221.3 Communication with the deponent. An attorney shall not 6 interrupt the deposition for the purpose of communicating with the deponent 7 unless all parties consent or the communication is made for the purpose of 8 determining whether the question should not be answered on the grounds set forth 9 in section 221.2 of these rules and, in such event, the reason for the 10 communication shall be stated for the record succinctly and clearly. 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 12 a Notary Public with the same force and effect as if signed before a clerk or a 13 Judge of the Court. IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. IT IS FURTHER STIPULATED AND AGREED 16 that all rights provided to all parties by the CPLR cannot be deemed waived and 17 the appropriate sections of the CPLR. Shall be controlling with respect 18 hereto. IT IS FURTHER STIPULATED AND AGREED 19 by and between the attorneys for the respective parties hereto that a copy of 20 this examination shall be furnished, without charge, to the attorneys 21 representing the witness testifying herein. 22 23 24 25 FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 355 - -TND RECEIVED NOM5232T/201 NYSCEF: 07/22/2019 IFI-LED:--NEWZYORK=COUNTY=CLERK=0-1=F23-/20-1-9-10 :-2-8-AM --_ NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 7 1 G. E. USHER, JR. 2 G E O R G E E. U S H E R, J R. the 3 Witness herein, having been first 4 duly sworn by a Notary Public in 5 and of the State of New York, was 6 examined and testified as follows: 7 EXAMINATION BY 8 MR. DIAMOND: 9 Q. Please state your name for the record. 10 A. My name is George E. Usher, Jr. 11 Q. Please state your address for the 12 record. 13 A. My business addres s is 14 15 Q. Good morning, Mr. Usher. 16 A. Good morning. 17 Q. My name is Andrew Diamond. I'm an 18 attorney with the firm Sacks and Sacks. I 19 represent Kevin McGOnigal. I'm going to 20 ask you some questions today about an 21 accident that occurred to Mr. McGonigal on 22 September 6, 2013 at a project known as 23 the New Yankee Steak HOuse being 24 constructed in New York City. 25 I'm going to ask you questions about FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 -ŸORK-COUNTY--- ---RECEIVED -_½™™--Isw2r/m3-- NYSCEF jF I-LEEDOC. NO. 355 --NEW C LE RK--0-1f2 3-/-2 0 1-9--1-0 :-2 8--AM1 NYSCEF: 07/22/2019 NYsCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 8 1 G. E. USHER, JR. 2 what you may know of the accident and that 3 construction project. You have a court 4 reporter sitting to your left that will 5 take down everything that's said in this 6 room by yourself and any of the attorneys 7 that are here. 8 It's important that she get an 9 accurate record, so let's do our best to 10 not speak over each other. It's common 11 tendency. Let me finish my question 12 before you answer, it makes life easier, 13 okay? 14 A. Okay. 15 Q. If you need to take a break, let us 16 know. That will be fine, This is a 17 little odd with the round table, but let's 18 do your best here and hopefully we can get 19 everything down. 20 Tell me who you're employed by. 21 A. Plaza Construction. 22 Q. What's the full name of that entity? 23 A. Plaza Construction, LLC. 24 Q. Was there a change in the name of that 25 entity, to your knowledge? FILED: NEW YORK COUNTY CLERK 07/22/2019 10:35 PM INDEX NO. 158327/2013 13-- NYSCEF DOC. NO. 355 FIIED-i-NEW=YORX--COUNTY=CT-iRWK---0-3-/-2-3 f2019 -10 28 AMl----- N M-NC RECEIVED NYSCEF: S$3 2T/ 2 0 07/22/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 01/23/2019 9 1 G. E. USHER, JR. 2 A. Maybe. I don't know. 3 Q. How long are you with the company? 4 A. 16 years. 5 Q. What is your present title or 6 position? 7 A. Superintendent. 8 Q. Had you ever known the company to be 9 called Plaza Construction Corp.? 10 A. Yes. 11 Q.