Preview
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140 RECEIVED NYSCEF: 06/16/2023
Exhibit B
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140 RECEIVED NYSCEF: 06/16/2023
In The Matter Of:
NORMA KNOPF and MICHAEL KNOPF v.
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at.
EDWARD S. FELDMAN
June 29, 2017
Original File FINAL 062917 EDWARD FELDMAN.txt
Min-U-Script®
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
1
2 UNITED STATES DISTRICT COURT 1
3 SOUTHERN DISTRICT OF NEW YORK
2 STIPULATIONS
4 - - - - - - - - - - - - - - - - - - - - - x
5 NORMA KNOPF and MICHAEL KNOPF, 3
Case No.:
6 Plaintiffs, 1:16-cv-06601 4 IT IS HEREBY STIPULATED AND AGREED by
(DLC)
7 MICHAEL PHILLIPS and PURSUIT HOLDINGS, 5 and between the attorneys for the respective
LLC, and MICHAEL H. SANFORD,
8 6 parties hereto, that signing, sealing and
9
Defendants.
7 certification be and the same are hereby
10
- - - - - - - - - - - - - - - - - - - - - x 8 waived.
745 Fifth Avenue, 9 IT IS FURTHER STIPULATED AND AGREED
11 5th Floor
New York, New York 10 that all objections, except as to the form of
12
June 29, 2017 11 the question, shall be reserved to the time of
13 1:05 p.m.
12 the trial.
14 13 IT IS FURTHER STIPULATED AND AGREED
15 30(b)6 DEPOSITION OF EDWARD S. 14 that the within examination(s) may be
16 FELDMAN, ESQ., pursuant to Subpoena, held at 15 subscribed and sworn to before any Notary
17 the above-noted time and place, before Debra 16 Public with the same force and effect as
18 Gumpel, a Notary Public within and for the 17 though subscribed and sworn to before this
19 State of New York. 18 Court.
19
20
20 --o0o--
21
21
22
22
23 23
24 24
25 25
Page 4
1
2 A P P E A R A N C E S: 1 EDWARD FELDMAN
3
4 2 E D W A R D S. F E L D M A N, ESQ., the
5
ERIC W. BERRY LAW OFFICE
Attorneys for Plaintiffs 3 witness herein, after first having been duly
6
745 Fifth Avenue, 5th Floor
New York, New York 10151
4 sworn by Debra Gumpel, a Stenotype Reporter
5 and Notary Public in and for the State of New
7 BY: ERIC W. BERRY, ESQ.
6 York, was examined and testified as follows:
8
7 EXAMINATION BY
9
NADEL & CIARLO, ESQS. 8 MR. BERRY:
10 Attorneys for Defendant,
MICHAEL PHILLIPS 9 Q State your name for the record,
11 3 East 54th Street, 16th Floor
New York, New York 10022
10 please.
12
BY: LORRAINE NADEL, ESQ.
11 A Edward S. Feldman, Esq.
13 LNadel@mcesq.com 12 Q What is your current address?
14 BY: ADAM HANAN, ESQ. 13 A Feldman & Associates, PLLC, 99
Adam@mcesq.com
15 14 Madison Avenue, Suite 604, New York 10016.
16
*** *** ***
15 Q Mr. Feldman, how are you today?
17 16 A Besides a cold, okay.
18
17 Q Just a minute ago, when we were
18 off the record, 95 percent of what you
19
19 produced I was able to download it and print
20
20 it without any problem, but there was five
21
21 percent that I had trouble with, so I'm just
22 22 going to ask you to hold onto the entire
23 23 production until further notice.
24 24 A Just for clarification, what I
25 25 produced for you is off my computer, which I
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1-877-DEPO-YOU
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
Page 5 Page 7
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 will call, my old computer. That was a PC. I 2 school?
3 switched to an Apple. So none of that could 3 A 1973.
4 be moved to an Apple because it's a different 4 Q Where was that?
5 format. I'm maintaining the PC. It's there. 5 A Florida.
6 I'm not erasing anything. If you need 6 Q What did you do in your first job
7 something, I will try to send it to you again, 7 after graduating from law school?
8 but some of the stuff is so old that the 8 A I initially worked for a single
9 formats have changed. 9 practitioner downtown who specialized in rent
10 Q That's exactly the problem. The 10 control, and I left him to work for the New
11 problem is, some of the print, I tried to play 11 York State Department of Law, and I left them
12 around with the settings to print larger, but 12 to work for a single practitioner.
13 I had no luck doing it. 13 Q When were you at the New York
14 MR. BERRY: We should note 14 State Department of Law?
15 that the deposition is pursuant to 15 A '74 to '75, I believe.
16 subpoena, and it's agreed that the 16 Q '74 to '75?
17 usual stipulations apply. 17 A Yes, '74, '75, beginning of '76,
18 Q Have you spoken to Mr. Sanford 18 something like that. It was a real property
19 about this deposition? 19 bureau on Long Island.
20 A If I have spoken to Mr. Sanford, 20 Q When did you graduate from high
21 as I was his counsel on this, and as it 21 school?
22 concerned this matter, anything I said, the 22 A '73.
23 contents of which would be privileged. 23 Q New York State Department of Law
24 However, he did ask me if I have been 24 is the same thing as the Attorney General?
25 subpoenaed. I said yes, and I was going to 25 A Attorney General's Office.
Page 6 Page 8
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 attend. 2 Q What division were you in?
3 Q Could you tell me the approximate 3 A Real property.
4 date of that conversation? 4 Q What did you do in the real
5 A I think the last time I talked to 5 property division there?
6 him was Monday or Tuesday, when he wanted to 6 A We cleared title for the State,
7 know if I was still going, and I said yes. 7 which was self-insuring its own acquisitions
8 Q Monday or Tuesday of this week? 8 for highways, wetlands, and things like that.
9 A This week. 9 And for young attorneys, it's great.
10 Q Two days ago, three days ago? 10 Q How long were you there?
11 A Yes. 11 A Just a year, because I didn't want
12 Q Did he indicate to you that he was 12 to move to Albany.
13 going to be here one way or the other? 13 Q What did you do after leaving the
14 A No. 14 Attorney General's Office?
15 Q I think we better go off the 15 A I worked for a now-deceased single
16 record and call him for a second. 16 practitioner out on Long Island.
17 (Whereupon, a brief recess 17 Q Do you remember his name?
18 was taken.) 18 A Yes. Herman Pedowitz,
19 MR. BERRY: I just left Mr. 19 P-E-D-O-W-I-T-Z.
20 Sanford a voicemail message 20 Q Did he also have an office in
21 indicating the deposition was 21 Manhattan?
22 starting now and reminding him of 22 A No. His brother was Chief Title
23 the place and location of the 23 Counsel for Ticor Title Guarantee or
24 deposition. 24 something. That may be James Pedowitz. James
25 Q When did you graduate from law 25 was his younger brother.
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1-877-DEPO-YOU
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
Page 9 Page 11
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 Q How long did you work for Mr. 2 unfortunately?
3 Pedowitz? 3 A Fortunately, and I was at Kaye,
4 A Two, three years. 4 Scholer in their real estate department
5 Q That would take us to 5 heading up their co-op and condo division.
6 approximately 1979? 6 Q What years?
7 A Make it '78, because that's when I 7 A That was the end of '82, until --
8 moved to New Jersey. 8 I want to say '85.
9 Q What did you do after leaving Mr. 9 Q What did you do after leaving
10 Pedowitz's office? 10 Kaye, Scholer?
11 A I was Assistant General Counsel of 11 A Good friend of mine brought me
12 the United Jersey Bank. 12 over to Snow, Becker, Krauss, where I became
13 Q That's a different entity? 13 real estate partner. Also acquisitions, going
14 A Yes. Jersey Bank was later taken 14 over to co-ops and condos type of thing.
15 over by Summitt, which was then taken over by 15 Q How many years were you at Snow,
16 Fleet, which was later taken over by Bank of 16 Becker and Krauss?
17 America. 17 A I was there until I went into my
18 Q What years were you at United 18 own firm until 1990.
19 Jersey Bank? 19 Q What did you do after leaving
20 A Just under a year. 20 Snow, Becker and Krauss?
21 Q So that would take you to 21 A Myself and a couple of friends
22 approximately 1980? 22 formed a law firm in Fort Lee, New Jersey.
23 A Yes. 23 Q What town?
24 Q What did you do after that? 24 A Fort Lee.
25 A I was recruited and worked at 25 Q What was name of that firm?
Page 10 Page 12
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 Dreyer and Traub. 2 A It was Urscheler, Kristal and
3 Q What department were you in 3 Feldman. I will spell it for you.
4 there? 4 U-R-S-C-H-E-L-E-R, K-R-I-S-T-A-L and
5 A Real estate. The whole firm is 5 Feldman.
6 real estate. 6 Q How long were you at Urscheler,
7 Q It was also real estate litigation 7 Kristal and Feldman?
8 within Dreyer and Traub? 8 A I was there until 2000.
9 A Yes. I was not in the litigation. 9 Q You were working as a real estate
10 I was in the transactional portion. 10 attorney there?
11 Q How many years did you spend at 11 A Yes, general practice.
12 Dreyer and Traub? 12 Q What happened to that firm?
13 A I'm trying to remember. Only about 13 A Broke up.
14 two, because one of the clients recruited me 14 Q Have you been admitted to the New
15 out, so I moved over. 15 York Bar?
16 Q What did you do after leaving 16 A Yes.
17 Dreyer and Traub? 17 Q When were you admitted to the New
18 A I moved to become vice-president, 18 York Bar?
19 general counsel, of JI Sopher, S-O-P-H-E-R, 19 A I was sworn in, in '75.
20 Incorporated, and that would have been 1981. 20 Q Are you still a member of the New
21 Q For how long did you work at JI 21 York Bar?
22 Sopher? 22 A Yes.
23 A I was there for two years, and 23 Q You're in good standing?
24 then fortunately recruited by Kaye, Scholer. 24 A Yes.
25 Q You said fortunately or 25 Q Are you member of the New Jersey
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1-877-DEPO-YOU
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
Page 13 Page 15
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 Bar? 2 Q Trust?
3 A Yes. 3 A No.
4 Q When did you become a member -- 4 Q Environmental?
5 A '76. 5 A No.
6 Q -- of the New Jersey Bar? 6 Q Anything besides litigation
7 A Correct. 7 arising out of bank lending?
8 Q Are you still a member of the New 8 A Again, related, I have one case,
9 Jersey Bar? 9 enforcement of a note by a private individual
10 A Yes, I am. 10 in New Jersey defending a client being sued by
11 Q Are you in good standing? 11 a broker for commission she doesn't owe, that
12 A Yes, I am. 12 type of thing.
13 Q Then what did you do after the 13 Q Does most litigation involve
14 partnership you formed broke up? 14 disputes over secured transactions,
15 A I went and joined the firm of 15 transactions with collateral?
16 Simon, Meyrowitz -- I will spell it. 16 A To the extent they're
17 M-E-Y-R-O-W-I-T-Z -- and Meyrowitz. 17 foreclosures, yes. I don't do other type of
18 Q How long were you at that firm? 18 security transactions.
19 A I was there until September of 19 Q Like UCC secured stuff?
20 2003, when I left and formed my own firm. 20 A No.
21 Q So you formed your own firm in 21 Q I was talking about real estate.
22 2003? 22 A The only other collateral would
23 A Correct. 23 be, if the bank would have asked me to enforce
24 Q You maintained your own firm ever 24 a commercial co-op or something like that. I
25 since then? 25 don't do residential. Only commercial-related
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1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 A Correct. 2 transactions.
3 Q Is it correct to say that 3 Q Do you recall approximately when
4 throughout your entire legal career, you have 4 you met Michael Sanford?
5 been principally a real estate lawyer? 5 A Yes. 2013 some time. 2012,
6 A Real estate and general 6 2013.
7 litigation, not personal injury, but related 7 Q How did you come to be introduced
8 litigation, representing banks in 8 to Mr. Sanford?
9 foreclosures, clients in commercial matters, 9 A He contacted me because he had
10 but most of it real estate related. 10 seen an action -- back it up. He was
11 Q Are you admitted to any of the 11 recommended to me by his optometrist, because
12 local Federal Courts? 12 I had defended an action against their
13 A Yes, Eastern and Suffolk, and New 13 landlord by a previous landlord he had who was
14 Jersey. 14 claiming that when my landlord leased the
15 Q Today approximately what portion 15 space to him, to the optometrist, it was a
16 of your practice is comprised of litigation 16 tortious interference with contract, etc.,
17 matters? 17 etc., and not only did we win the case, we got
18 A Of the entire firm, which is 18 $30,000 in legal fees in sanctions from the
19 myself and my son, maybe 20 percent of my 19 other side, and he was very impressed.
20 time, 35, 40 percent, depending upon what the 20 Q Did he have a specific matter that
21 banks need or don't need. Right now I have 21 he wanted to engage you for when you spoke to
22 about two, three matters. 22 him?
23 Q Do you do any securities 23 A Well, whatever conversations we
24 litigation? 24 had, obviously I cannot divulge, but I can say
25 A No. 25 that I was engaged to represent him on the
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1-877-DEPO-YOU
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
Page 17 Page 19
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 sale of his condo. That's the only thing I 2 Q Are you familiar with the lawsuit
3 represented him on. 3 entitled Knopf V. Sanford?
4 Q Do you remember the location of 4 A Yes.
5 the condominium? 5 Q Did there come a time when you did
6 A Yes, the penthouse at 44 East 67th 6 any of your own research regarding what was
7 Street. 7 going on in that case as opposed to getting
8 Q Are you looking at notes to 8 information from Mr. Sanford?
9 answer? 9 A No. I kept myself, to the extent
10 A I'm just looking at my file in the 10 I could, blissfully ignorant of the lawsuit.
11 closing statement so I can remember the exact 11 Q Can you describe for me your
12 address. 12 general understanding of what was at issue in
13 Q Have you produced all the 13 that lawsuit?
14 documents you have in front of you? 14 A The general understanding I had
15 A These are all the documents I have 15 was, the Knopf's were claiming that they had
16 from my file other than something that may be 16 loaned Sanford money and/or had an equity
17 not -- I don't even have any of that. This is 17 interest in all his properties, and he was
18 basically it. To the extent I didn't have 18 saying, no, something to that effect.
19 stuff, I printed out some things from my 19 Q Did you ever go on line to read
20 computer. 20 any of the appellate decisions or look at any
21 Q Is there anything that we should 21 of the documents available from the on-line
22 look at that we don't have already? 22 services?
23 A On the e-mails? 23 A The only decision I looked for on
24 Q I have a lot of e-mails, but I 24 line was a copy of an order. I take it back.
25 thought you said you brought these because -- 25 I didn't look on line. It was sent to me. The
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1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 A These are not in the e-mails. This 2 order with regard to the restraints so we
3 is the closing statement from the sale, and 3 could settle the apartment. There was an
4 then some -- I guess the title search that I 4 order of restraints, and there was another
5 kept from the sale, a copy of the common 5 already dismissing something.
6 charge letter from the sale. 6 Q Fine, but just more generally, are
7 Q I think that as a practical 7 you a subscriber to Westlaw?
8 matter, we may have all of this already, but 8 A Yes.
9 this is far more legible than the copies I 9 Q Have you ever done any Westlaw
10 have, so maybe at the end of the day they will 10 searches regarding the Knopf V. Sanford
11 be Xeroxed. 11 case?
12 A Again, copy of my letter to you of 12 A No.
13 March 16th, copy of a January 12th file memo, 13 Q Are you a subscriber to PACER?
14 and a copy of a draft of a Stipulation of 14 A Yes.
15 Settlement, the original. The final one is 15 Q Have you ever done any PACER
16 filed, I guess, when we were negotiating with 16 searches with respect to the Knopf V. Sanford
17 the condo association, to settle back common 17 disputes that have now spilled over into
18 charges, a copy of the $150,000 note and 18 Federal Court?
19 mortgage that was given to Mr. Phillips. I 19 A No.
20 think these are drafts. 20 Q Are you a subscriber to anything
21 Q Is that executed? 21 like CourtAlert or e-Watch or any of these
22 A No. These are all just drafts off 22 services that monitor case activities --
23 my machine. That's basically all I have left. 23 A No.
24 And I have his driver's license from my file, 24 Q Let me finish the question -- in
25 which we used that at the closing. 25 the New York State Court?
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1-877-DEPO-YOU
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
Page 21 Page 23
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 A No. I can make it easy for you. 2 him.
3 I have an e-File account. I have an e-Track 3 Q Fortunately for you. I'm just
4 account, Westlaw, and PACER. 4 going to go through some other names here.
5 Q Did you ever add the Knopf V. 5 Frank Esposito?
6 Sanford case to the list of cases that e-Track 6 A Never heard of him.
7 would monitor for you and send you e-mails 7 Q James Prestiano?
8 about? 8 A I have never met him. I believe
9 A No. 9 we had some correspondence.
10 Q Why not? 10 Q Pardon?
11 A I'm not involved. I don't want to 11 A I believe there was some
12 be involved, and once we close the apartment, 12 correspondence or e-mails, but that's nothing
13 condo, I'm done, other than for this 13 of any consequence that I can recall.
14 deposition. 14 Q I'm not sure about this. It's
15 Q Prior to Monday or Tuesday of this 15 something like Harris Readis (phonetic) or
16 week, when was the next previous time you had 16 something like that?
17 spoken to Mr. Sanford? 17 A No.
18 A I don't recall. I would get a 18 Q Paul Weiss represented Mr. Sanford
19 phone call out of the blue from Michael every 19 and Pursuit Holdings in connection with their
20 now and then, and I don't recall the last time 20 purchase of the properties at issue in the
21 I spoke to him before then. Might have been a 21 lawsuit.
22 couple of weeks ago. Might have been a couple 22 A That was way before I became
23 of months ago. 23 involved in the suit.
24 Q Is there an outstanding invoice 24 Q What about Nathan Akerman?
25 that he has not paid? 25 A I have had conversations with him.
Page 22 Page 24
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 A No. 2 I never met him.
3 Q At some point in time you were 3 Q How did you come to be introduced
4 paid for the services you rendered on his 4 to Mr. Akerman?
5 behalf? 5 A When the issue of the restraints
6 A At the closing I received payment 6 on the sale were raised by the title company,
7 for everything that was owed to me at that 7 I was -- I understand that he was handling
8 point. 8 that portion, and I was talking to him simply
9 Q What was that amount? 9 to resolve it so we can close.
10 A I have to refer to the closing 10 Q Your voice is dropping a lot. I
11 statement. At the closing we received an 11 know you're not well.
12 agreed amount of $25,000 for everything, 12 MR. BERRY: Can you read it
13 beginning of 2013 through the closing. 13 back?
14 MR. HANAN: The amount was 14 (Whereupon, the testimony
15 $25,000? 15 was read back by the reporter.)
16 THE WITNESS: $25,000. 16 Q How did you know that Mr.
17 Q Let's back up. Have you ever met 17 Akerman -- is it Akerman or Akerman? I think
18 an attorney named Stephen Meister? 18 it's Akerman. How did you come to know that
19 A No. 19 Mr. Akerman was handling an issue relating to
20 Q You know who he is from this 20 restraints on the property?
21 case? 21 A I believe he was referred to me by
22 A Yes. 22 Mr. Sanford, or I was referred to him by Mr.
23 Q But you never had any dealings 23 Sanford, because he was representing Mr.
24 with him on your own? 24 Sanford in that matter. One or the other.
25 A Never met him. Never talked to 25 Either he called me or I e-mailed him, or
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NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
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1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 whatever, or I got an e-mail from him. 2 shortly thereafter.
3 Q How many different conversations 3 Q Did it seem like she had any prior
4 did you have with Mr. Akerman? 4 knowledge of the case or did Mr. Akerman have
5 A Not many. I can recall two, maybe 5 to describe it to her?
6 three. 6 A No. She knew -- my impression
7 Q Do you recall approximately when 7 was, she was -- and again, it's a year and a
8 the first one took place? 8 half ago. She was either the law clerk, Court
9 A They were all in January of 2016, 9 Attorney of the Judge, who had either decided
10 when we were getting ready to close. 10 the motion or whatever, and she knew exactly
11 Q Can you tell me the general 11 what it was. Gave her the index number. She
12 subject matter of the first one you recall? 12 knew exactly what it was, and said yes, those
13 A Just probably introduction, that 13 restraints are gone.
14 it was his understanding that restraints have 14 Q Do you remember the name of the
15 been lifted. 15 Judge?
16 Q Did he tell you why he believed 16 A No.
17 restraints had been lifted? 17 Q Who was doing the talking? You
18 A Because there had been a decision 18 were speaking to the people who answered the
19 denying the motions. Again, I did not go 19 phone at the Appellate Division. Was it you
20 through the files, so I took him at his word 20 or Mr. Akerman? Did you get routed to the
21 as to what was going on. 21 right person?
22 Q You took him at his word, what? 22 A Mr. Akerman.
23 A As to what was going on. 23 Q Was he asking for a particular
24 Q That's all you recall about the 24 name or position or what?
25 first conversation you had with him? 25 A No. He asked for the clerk -- I
Page 26 Page 28
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 A Yes. 2 believe he asked for the clerk for either the
3 Q Was there anybody else in that 3 index number or the Judge that was -- had the
4 conversation? 4 decision. I didn't have it in front of me,
5 A Not that I recall. 5 but he didn't ask for a particular person.
6 Q What is the next conversation you 6 Just asked for the position.
7 remember? 7 Q I mean, most decisions, most
8 A We then had a -- he called me, and 8 Appellate decisions are issued by four or five
9 I did a file memo, which I gave to Judicial 9 judges.
10 title, either Judicial or -- the title 10 A Not motions. Again, I don't
11 company. I did a file memo, and I gave a copy 11 recall exactly, but he didn't ask for a -- he
12 of it where he called me and said he was 12 didn't say, can I talk to Susan Jones. He
13 advised by the Appellate Division that the 13 just said, can I talk to the person or the
14 restraints were dissolved as a matter of law, 14 clerk for such and such.
15 and I said, fine, and then when he knew I was 15 Q Such and such was a particular
16 on the phone, he called the Appellate 16 Judge's name?
17 Division, and we -- excuse me. And he asked 17 A I don't recall if he asked for the
18 for the clerk, and we got transferred once or 18 Judge or whoever handled the index number,
19 twice, and we talked to this nice lady. We 19 case number and so and so.
20 said she was the Court Attorney, whatever, and 20 Q Have you ever called the Appellate
21 she confirmed, yes, that the denial of the 21 Division before?
22 motion resulted in the dissolution of all 22 A Yeah, but usually just to confirm
23 restraints, and we can close. Thank you. I 23 they received something, or to see a decision
24 wrote a file memo to that effect, sent it to 24 to come down. I called the Appellate Division
25 the title company, and I believe we closed 25 in Brooklyn a number of times to find out why
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NYSCEF DOC. NO. 1140
NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF:
EDWARD 06/16/2023
S. FELDMAN
MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017
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1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 a case had been filed two and a half years and 2 protocols or rules regarding Appellate
3 was still not on the calendar, that type of 3 Division Court attorneys' contact with
4 thing. 4 attorneys?
5 Q Do you have some appellate 5 A No.
6 practice? 6 Q At some point you took a legal
7 A Yes. 7 ethics course in law school or for studying
8 Q How many appeals do you think you 8 for the Bar or something like that?
9 prosecuted or responded to over the years in 9 A Yes.
10 New York State? 10 Q Probably studying for the Bar?
11 A Half a dozen, ten. 11 A Forty-four years ago.
12 Q Have you ever spoken with a Court 12 Q Have you heard the term ex-parte
13 Attorney employed by the Appellate Division 13 communication?
14 before this occasion? 14 A Yes.
15 A Yes. Again, if I get referred by 15 Q What does ex-parte communication
16 the clerk, because I would not take that upon 16 mean to you?
17 myself unless there was a specific question as 17 A Ex parte communication is an
18 to, did they need something, or did they get 18 on-going litigation, and there's a matter that
19 the papers, that type of thing. 19 both sides should be there, one side should
20 Q How do you know this person is a 20 not call by themselves.
21 Court Attorney? 21 Q Were you troubled by the fact that
22 A Only because that's who was 22 know attorney for the Knopf's was on this
23 referred to, and she identified herself as 23 call, the court attorney that you had tracked
24 such. 24 down that day?
25 Q Did she identify herself as 25 MR. HANAN: Mr. Akerman?
Page 30 Page 32
1 EDWARD FELDMAN 1 EDWARD FELDMAN
2 working for a particular judge? 2 MR. BERRY: Mr. Akerman.
3 A I only recall. 3 A No, because we were asking for
4 Q Did she mention she was in the 4 clarification of an Order, and whether or not
5 mediation part? 5 this Order meant what we thought it meant. If
6 A No. 6 there was a requirement for -- I'm assuming --
7 Q Did she say that she was the head 7 as has happened to me more than once, both in
8 of mediation of the First Department? 8 New York and New Jersey, if the Court felt
9 A No. I don't remember the word 9 that the other side should be involved, they
10 mediation at all. 10 would say, please get your other counsel on
11 Q Did she say she was Special Master 11 the line. She didn't.
12 at the First Department? 12 Q Do you and Mr. Akerman talk about
13 A No, not that I recall. Absolutely 13 whether the attorney for the Knopf's should be
14 not. 14 on the call?
15 Q If her employment at that time was 15 A No.
16 as a Special Master in the mediation 16 Q Do you recall whether Mr. Akerman
17 department, that was not something you learned 17 described the lawsuit to this individual or
18 during that conversation? 18 whether she already knew about it? I think I
19 A Correct. 19 asked a similar question earlier, but I'm
20 Q Have you ever tried another 20 asking it again.
21 particular occasion to get hold of a Judge's 21 A She was familiar with the order
22 personal law clerk in the Appellate 22 and the action. He didn't describe anything
23 Division? 23 to her. The question was, we have got this
24 A In the Appellate Division, no. 24 Order, the title company needs to know, does
25 Q Are you familiar with the 25 this dissolve.
Preview
FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 RECEIVED NYSCEF: 06/16/2023 Exhibit B FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 RECEIVED NYSCEF: 06/16/2023 In The Matter Of: NORMA KNOPF and MICHAEL KNOPF v. MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. EDWARD S. FELDMAN June 29, 2017 Original File FINAL 062917 EDWARD FELDMAN.txt Min-U-Script® FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 1 2 UNITED STATES DISTRICT COURT 1 3 SOUTHERN DISTRICT OF NEW YORK 2 STIPULATIONS 4 - - - - - - - - - - - - - - - - - - - - - x 5 NORMA KNOPF and MICHAEL KNOPF, 3 Case No.: 6 Plaintiffs, 1:16-cv-06601 4 IT IS HEREBY STIPULATED AND AGREED by (DLC) 7 MICHAEL PHILLIPS and PURSUIT HOLDINGS, 5 and between the attorneys for the respective LLC, and MICHAEL H. SANFORD, 8 6 parties hereto, that signing, sealing and 9 Defendants. 7 certification be and the same are hereby 10 - - - - - - - - - - - - - - - - - - - - - x 8 waived. 745 Fifth Avenue, 9 IT IS FURTHER STIPULATED AND AGREED 11 5th Floor New York, New York 10 that all objections, except as to the form of 12 June 29, 2017 11 the question, shall be reserved to the time of 13 1:05 p.m. 12 the trial. 14 13 IT IS FURTHER STIPULATED AND AGREED 15 30(b)6 DEPOSITION OF EDWARD S. 14 that the within examination(s) may be 16 FELDMAN, ESQ., pursuant to Subpoena, held at 15 subscribed and sworn to before any Notary 17 the above-noted time and place, before Debra 16 Public with the same force and effect as 18 Gumpel, a Notary Public within and for the 17 though subscribed and sworn to before this 19 State of New York. 18 Court. 19 20 20 --o0o-- 21 21 22 22 23 23 24 24 25 25 Page 4 1 2 A P P E A R A N C E S: 1 EDWARD FELDMAN 3 4 2 E D W A R D S. F E L D M A N, ESQ., the 5 ERIC W. BERRY LAW OFFICE Attorneys for Plaintiffs 3 witness herein, after first having been duly 6 745 Fifth Avenue, 5th Floor New York, New York 10151 4 sworn by Debra Gumpel, a Stenotype Reporter 5 and Notary Public in and for the State of New 7 BY: ERIC W. BERRY, ESQ. 6 York, was examined and testified as follows: 8 7 EXAMINATION BY 9 NADEL & CIARLO, ESQS. 8 MR. BERRY: 10 Attorneys for Defendant, MICHAEL PHILLIPS 9 Q State your name for the record, 11 3 East 54th Street, 16th Floor New York, New York 10022 10 please. 12 BY: LORRAINE NADEL, ESQ. 11 A Edward S. Feldman, Esq. 13 LNadel@mcesq.com 12 Q What is your current address? 14 BY: ADAM HANAN, ESQ. 13 A Feldman & Associates, PLLC, 99 Adam@mcesq.com 15 14 Madison Avenue, Suite 604, New York 10016. 16 *** *** *** 15 Q Mr. Feldman, how are you today? 17 16 A Besides a cold, okay. 18 17 Q Just a minute ago, when we were 18 off the record, 95 percent of what you 19 19 produced I was able to download it and print 20 20 it without any problem, but there was five 21 21 percent that I had trouble with, so I'm just 22 22 going to ask you to hold onto the entire 23 23 production until further notice. 24 24 A Just for clarification, what I 25 25 produced for you is off my computer, which I Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (1) Pages 4 - 4 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 5 Page 7 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 will call, my old computer. That was a PC. I 2 school? 3 switched to an Apple. So none of that could 3 A 1973. 4 be moved to an Apple because it's a different 4 Q Where was that? 5 format. I'm maintaining the PC. It's there. 5 A Florida. 6 I'm not erasing anything. If you need 6 Q What did you do in your first job 7 something, I will try to send it to you again, 7 after graduating from law school? 8 but some of the stuff is so old that the 8 A I initially worked for a single 9 formats have changed. 9 practitioner downtown who specialized in rent 10 Q That's exactly the problem. The 10 control, and I left him to work for the New 11 problem is, some of the print, I tried to play 11 York State Department of Law, and I left them 12 around with the settings to print larger, but 12 to work for a single practitioner. 13 I had no luck doing it. 13 Q When were you at the New York 14 MR. BERRY: We should note 14 State Department of Law? 15 that the deposition is pursuant to 15 A '74 to '75, I believe. 16 subpoena, and it's agreed that the 16 Q '74 to '75? 17 usual stipulations apply. 17 A Yes, '74, '75, beginning of '76, 18 Q Have you spoken to Mr. Sanford 18 something like that. It was a real property 19 about this deposition? 19 bureau on Long Island. 20 A If I have spoken to Mr. Sanford, 20 Q When did you graduate from high 21 as I was his counsel on this, and as it 21 school? 22 concerned this matter, anything I said, the 22 A '73. 23 contents of which would be privileged. 23 Q New York State Department of Law 24 However, he did ask me if I have been 24 is the same thing as the Attorney General? 25 subpoenaed. I said yes, and I was going to 25 A Attorney General's Office. Page 6 Page 8 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 attend. 2 Q What division were you in? 3 Q Could you tell me the approximate 3 A Real property. 4 date of that conversation? 4 Q What did you do in the real 5 A I think the last time I talked to 5 property division there? 6 him was Monday or Tuesday, when he wanted to 6 A We cleared title for the State, 7 know if I was still going, and I said yes. 7 which was self-insuring its own acquisitions 8 Q Monday or Tuesday of this week? 8 for highways, wetlands, and things like that. 9 A This week. 9 And for young attorneys, it's great. 10 Q Two days ago, three days ago? 10 Q How long were you there? 11 A Yes. 11 A Just a year, because I didn't want 12 Q Did he indicate to you that he was 12 to move to Albany. 13 going to be here one way or the other? 13 Q What did you do after leaving the 14 A No. 14 Attorney General's Office? 15 Q I think we better go off the 15 A I worked for a now-deceased single 16 record and call him for a second. 16 practitioner out on Long Island. 17 (Whereupon, a brief recess 17 Q Do you remember his name? 18 was taken.) 18 A Yes. Herman Pedowitz, 19 MR. BERRY: I just left Mr. 19 P-E-D-O-W-I-T-Z. 20 Sanford a voicemail message 20 Q Did he also have an office in 21 indicating the deposition was 21 Manhattan? 22 starting now and reminding him of 22 A No. His brother was Chief Title 23 the place and location of the 23 Counsel for Ticor Title Guarantee or 24 deposition. 24 something. That may be James Pedowitz. James 25 Q When did you graduate from law 25 was his younger brother. Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (2) Pages 5 - 8 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 9 Page 11 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 Q How long did you work for Mr. 2 unfortunately? 3 Pedowitz? 3 A Fortunately, and I was at Kaye, 4 A Two, three years. 4 Scholer in their real estate department 5 Q That would take us to 5 heading up their co-op and condo division. 6 approximately 1979? 6 Q What years? 7 A Make it '78, because that's when I 7 A That was the end of '82, until -- 8 moved to New Jersey. 8 I want to say '85. 9 Q What did you do after leaving Mr. 9 Q What did you do after leaving 10 Pedowitz's office? 10 Kaye, Scholer? 11 A I was Assistant General Counsel of 11 A Good friend of mine brought me 12 the United Jersey Bank. 12 over to Snow, Becker, Krauss, where I became 13 Q That's a different entity? 13 real estate partner. Also acquisitions, going 14 A Yes. Jersey Bank was later taken 14 over to co-ops and condos type of thing. 15 over by Summitt, which was then taken over by 15 Q How many years were you at Snow, 16 Fleet, which was later taken over by Bank of 16 Becker and Krauss? 17 America. 17 A I was there until I went into my 18 Q What years were you at United 18 own firm until 1990. 19 Jersey Bank? 19 Q What did you do after leaving 20 A Just under a year. 20 Snow, Becker and Krauss? 21 Q So that would take you to 21 A Myself and a couple of friends 22 approximately 1980? 22 formed a law firm in Fort Lee, New Jersey. 23 A Yes. 23 Q What town? 24 Q What did you do after that? 24 A Fort Lee. 25 A I was recruited and worked at 25 Q What was name of that firm? Page 10 Page 12 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 Dreyer and Traub. 2 A It was Urscheler, Kristal and 3 Q What department were you in 3 Feldman. I will spell it for you. 4 there? 4 U-R-S-C-H-E-L-E-R, K-R-I-S-T-A-L and 5 A Real estate. The whole firm is 5 Feldman. 6 real estate. 6 Q How long were you at Urscheler, 7 Q It was also real estate litigation 7 Kristal and Feldman? 8 within Dreyer and Traub? 8 A I was there until 2000. 9 A Yes. I was not in the litigation. 9 Q You were working as a real estate 10 I was in the transactional portion. 10 attorney there? 11 Q How many years did you spend at 11 A Yes, general practice. 12 Dreyer and Traub? 12 Q What happened to that firm? 13 A I'm trying to remember. Only about 13 A Broke up. 14 two, because one of the clients recruited me 14 Q Have you been admitted to the New 15 out, so I moved over. 15 York Bar? 16 Q What did you do after leaving 16 A Yes. 17 Dreyer and Traub? 17 Q When were you admitted to the New 18 A I moved to become vice-president, 18 York Bar? 19 general counsel, of JI Sopher, S-O-P-H-E-R, 19 A I was sworn in, in '75. 20 Incorporated, and that would have been 1981. 20 Q Are you still a member of the New 21 Q For how long did you work at JI 21 York Bar? 22 Sopher? 22 A Yes. 23 A I was there for two years, and 23 Q You're in good standing? 24 then fortunately recruited by Kaye, Scholer. 24 A Yes. 25 Q You said fortunately or 25 Q Are you member of the New Jersey Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (3) Pages 9 - 12 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 13 Page 15 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 Bar? 2 Q Trust? 3 A Yes. 3 A No. 4 Q When did you become a member -- 4 Q Environmental? 5 A '76. 5 A No. 6 Q -- of the New Jersey Bar? 6 Q Anything besides litigation 7 A Correct. 7 arising out of bank lending? 8 Q Are you still a member of the New 8 A Again, related, I have one case, 9 Jersey Bar? 9 enforcement of a note by a private individual 10 A Yes, I am. 10 in New Jersey defending a client being sued by 11 Q Are you in good standing? 11 a broker for commission she doesn't owe, that 12 A Yes, I am. 12 type of thing. 13 Q Then what did you do after the 13 Q Does most litigation involve 14 partnership you formed broke up? 14 disputes over secured transactions, 15 A I went and joined the firm of 15 transactions with collateral? 16 Simon, Meyrowitz -- I will spell it. 16 A To the extent they're 17 M-E-Y-R-O-W-I-T-Z -- and Meyrowitz. 17 foreclosures, yes. I don't do other type of 18 Q How long were you at that firm? 18 security transactions. 19 A I was there until September of 19 Q Like UCC secured stuff? 20 2003, when I left and formed my own firm. 20 A No. 21 Q So you formed your own firm in 21 Q I was talking about real estate. 22 2003? 22 A The only other collateral would 23 A Correct. 23 be, if the bank would have asked me to enforce 24 Q You maintained your own firm ever 24 a commercial co-op or something like that. I 25 since then? 25 don't do residential. Only commercial-related Page 14 Page 16 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 A Correct. 2 transactions. 3 Q Is it correct to say that 3 Q Do you recall approximately when 4 throughout your entire legal career, you have 4 you met Michael Sanford? 5 been principally a real estate lawyer? 5 A Yes. 2013 some time. 2012, 6 A Real estate and general 6 2013. 7 litigation, not personal injury, but related 7 Q How did you come to be introduced 8 litigation, representing banks in 8 to Mr. Sanford? 9 foreclosures, clients in commercial matters, 9 A He contacted me because he had 10 but most of it real estate related. 10 seen an action -- back it up. He was 11 Q Are you admitted to any of the 11 recommended to me by his optometrist, because 12 local Federal Courts? 12 I had defended an action against their 13 A Yes, Eastern and Suffolk, and New 13 landlord by a previous landlord he had who was 14 Jersey. 14 claiming that when my landlord leased the 15 Q Today approximately what portion 15 space to him, to the optometrist, it was a 16 of your practice is comprised of litigation 16 tortious interference with contract, etc., 17 matters? 17 etc., and not only did we win the case, we got 18 A Of the entire firm, which is 18 $30,000 in legal fees in sanctions from the 19 myself and my son, maybe 20 percent of my 19 other side, and he was very impressed. 20 time, 35, 40 percent, depending upon what the 20 Q Did he have a specific matter that 21 banks need or don't need. Right now I have 21 he wanted to engage you for when you spoke to 22 about two, three matters. 22 him? 23 Q Do you do any securities 23 A Well, whatever conversations we 24 litigation? 24 had, obviously I cannot divulge, but I can say 25 A No. 25 that I was engaged to represent him on the Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (4) Pages 13 - 16 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 17 Page 19 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 sale of his condo. That's the only thing I 2 Q Are you familiar with the lawsuit 3 represented him on. 3 entitled Knopf V. Sanford? 4 Q Do you remember the location of 4 A Yes. 5 the condominium? 5 Q Did there come a time when you did 6 A Yes, the penthouse at 44 East 67th 6 any of your own research regarding what was 7 Street. 7 going on in that case as opposed to getting 8 Q Are you looking at notes to 8 information from Mr. Sanford? 9 answer? 9 A No. I kept myself, to the extent 10 A I'm just looking at my file in the 10 I could, blissfully ignorant of the lawsuit. 11 closing statement so I can remember the exact 11 Q Can you describe for me your 12 address. 12 general understanding of what was at issue in 13 Q Have you produced all the 13 that lawsuit? 14 documents you have in front of you? 14 A The general understanding I had 15 A These are all the documents I have 15 was, the Knopf's were claiming that they had 16 from my file other than something that may be 16 loaned Sanford money and/or had an equity 17 not -- I don't even have any of that. This is 17 interest in all his properties, and he was 18 basically it. To the extent I didn't have 18 saying, no, something to that effect. 19 stuff, I printed out some things from my 19 Q Did you ever go on line to read 20 computer. 20 any of the appellate decisions or look at any 21 Q Is there anything that we should 21 of the documents available from the on-line 22 look at that we don't have already? 22 services? 23 A On the e-mails? 23 A The only decision I looked for on 24 Q I have a lot of e-mails, but I 24 line was a copy of an order. I take it back. 25 thought you said you brought these because -- 25 I didn't look on line. It was sent to me. The Page 18 Page 20 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 A These are not in the e-mails. This 2 order with regard to the restraints so we 3 is the closing statement from the sale, and 3 could settle the apartment. There was an 4 then some -- I guess the title search that I 4 order of restraints, and there was another 5 kept from the sale, a copy of the common 5 already dismissing something. 6 charge letter from the sale. 6 Q Fine, but just more generally, are 7 Q I think that as a practical 7 you a subscriber to Westlaw? 8 matter, we may have all of this already, but 8 A Yes. 9 this is far more legible than the copies I 9 Q Have you ever done any Westlaw 10 have, so maybe at the end of the day they will 10 searches regarding the Knopf V. Sanford 11 be Xeroxed. 11 case? 12 A Again, copy of my letter to you of 12 A No. 13 March 16th, copy of a January 12th file memo, 13 Q Are you a subscriber to PACER? 14 and a copy of a draft of a Stipulation of 14 A Yes. 15 Settlement, the original. The final one is 15 Q Have you ever done any PACER 16 filed, I guess, when we were negotiating with 16 searches with respect to the Knopf V. Sanford 17 the condo association, to settle back common 17 disputes that have now spilled over into 18 charges, a copy of the $150,000 note and 18 Federal Court? 19 mortgage that was given to Mr. Phillips. I 19 A No. 20 think these are drafts. 20 Q Are you a subscriber to anything 21 Q Is that executed? 21 like CourtAlert or e-Watch or any of these 22 A No. These are all just drafts off 22 services that monitor case activities -- 23 my machine. That's basically all I have left. 23 A No. 24 And I have his driver's license from my file, 24 Q Let me finish the question -- in 25 which we used that at the closing. 25 the New York State Court? Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (5) Pages 17 - 20 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 21 Page 23 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 A No. I can make it easy for you. 2 him. 3 I have an e-File account. I have an e-Track 3 Q Fortunately for you. I'm just 4 account, Westlaw, and PACER. 4 going to go through some other names here. 5 Q Did you ever add the Knopf V. 5 Frank Esposito? 6 Sanford case to the list of cases that e-Track 6 A Never heard of him. 7 would monitor for you and send you e-mails 7 Q James Prestiano? 8 about? 8 A I have never met him. I believe 9 A No. 9 we had some correspondence. 10 Q Why not? 10 Q Pardon? 11 A I'm not involved. I don't want to 11 A I believe there was some 12 be involved, and once we close the apartment, 12 correspondence or e-mails, but that's nothing 13 condo, I'm done, other than for this 13 of any consequence that I can recall. 14 deposition. 14 Q I'm not sure about this. It's 15 Q Prior to Monday or Tuesday of this 15 something like Harris Readis (phonetic) or 16 week, when was the next previous time you had 16 something like that? 17 spoken to Mr. Sanford? 17 A No. 18 A I don't recall. I would get a 18 Q Paul Weiss represented Mr. Sanford 19 phone call out of the blue from Michael every 19 and Pursuit Holdings in connection with their 20 now and then, and I don't recall the last time 20 purchase of the properties at issue in the 21 I spoke to him before then. Might have been a 21 lawsuit. 22 couple of weeks ago. Might have been a couple 22 A That was way before I became 23 of months ago. 23 involved in the suit. 24 Q Is there an outstanding invoice 24 Q What about Nathan Akerman? 25 that he has not paid? 25 A I have had conversations with him. Page 22 Page 24 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 A No. 2 I never met him. 3 Q At some point in time you were 3 Q How did you come to be introduced 4 paid for the services you rendered on his 4 to Mr. Akerman? 5 behalf? 5 A When the issue of the restraints 6 A At the closing I received payment 6 on the sale were raised by the title company, 7 for everything that was owed to me at that 7 I was -- I understand that he was handling 8 point. 8 that portion, and I was talking to him simply 9 Q What was that amount? 9 to resolve it so we can close. 10 A I have to refer to the closing 10 Q Your voice is dropping a lot. I 11 statement. At the closing we received an 11 know you're not well. 12 agreed amount of $25,000 for everything, 12 MR. BERRY: Can you read it 13 beginning of 2013 through the closing. 13 back? 14 MR. HANAN: The amount was 14 (Whereupon, the testimony 15 $25,000? 15 was read back by the reporter.) 16 THE WITNESS: $25,000. 16 Q How did you know that Mr. 17 Q Let's back up. Have you ever met 17 Akerman -- is it Akerman or Akerman? I think 18 an attorney named Stephen Meister? 18 it's Akerman. How did you come to know that 19 A No. 19 Mr. Akerman was handling an issue relating to 20 Q You know who he is from this 20 restraints on the property? 21 case? 21 A I believe he was referred to me by 22 A Yes. 22 Mr. Sanford, or I was referred to him by Mr. 23 Q But you never had any dealings 23 Sanford, because he was representing Mr. 24 with him on your own? 24 Sanford in that matter. One or the other. 25 A Never met him. Never talked to 25 Either he called me or I e-mailed him, or Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (6) Pages 21 - 24 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 25 Page 27 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 whatever, or I got an e-mail from him. 2 shortly thereafter. 3 Q How many different conversations 3 Q Did it seem like she had any prior 4 did you have with Mr. Akerman? 4 knowledge of the case or did Mr. Akerman have 5 A Not many. I can recall two, maybe 5 to describe it to her? 6 three. 6 A No. She knew -- my impression 7 Q Do you recall approximately when 7 was, she was -- and again, it's a year and a 8 the first one took place? 8 half ago. She was either the law clerk, Court 9 A They were all in January of 2016, 9 Attorney of the Judge, who had either decided 10 when we were getting ready to close. 10 the motion or whatever, and she knew exactly 11 Q Can you tell me the general 11 what it was. Gave her the index number. She 12 subject matter of the first one you recall? 12 knew exactly what it was, and said yes, those 13 A Just probably introduction, that 13 restraints are gone. 14 it was his understanding that restraints have 14 Q Do you remember the name of the 15 been lifted. 15 Judge? 16 Q Did he tell you why he believed 16 A No. 17 restraints had been lifted? 17 Q Who was doing the talking? You 18 A Because there had been a decision 18 were speaking to the people who answered the 19 denying the motions. Again, I did not go 19 phone at the Appellate Division. Was it you 20 through the files, so I took him at his word 20 or Mr. Akerman? Did you get routed to the 21 as to what was going on. 21 right person? 22 Q You took him at his word, what? 22 A Mr. Akerman. 23 A As to what was going on. 23 Q Was he asking for a particular 24 Q That's all you recall about the 24 name or position or what? 25 first conversation you had with him? 25 A No. He asked for the clerk -- I Page 26 Page 28 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 A Yes. 2 believe he asked for the clerk for either the 3 Q Was there anybody else in that 3 index number or the Judge that was -- had the 4 conversation? 4 decision. I didn't have it in front of me, 5 A Not that I recall. 5 but he didn't ask for a particular person. 6 Q What is the next conversation you 6 Just asked for the position. 7 remember? 7 Q I mean, most decisions, most 8 A We then had a -- he called me, and 8 Appellate decisions are issued by four or five 9 I did a file memo, which I gave to Judicial 9 judges. 10 title, either Judicial or -- the title 10 A Not motions. Again, I don't 11 company. I did a file memo, and I gave a copy 11 recall exactly, but he didn't ask for a -- he 12 of it where he called me and said he was 12 didn't say, can I talk to Susan Jones. He 13 advised by the Appellate Division that the 13 just said, can I talk to the person or the 14 restraints were dissolved as a matter of law, 14 clerk for such and such. 15 and I said, fine, and then when he knew I was 15 Q Such and such was a particular 16 on the phone, he called the Appellate 16 Judge's name? 17 Division, and we -- excuse me. And he asked 17 A I don't recall if he asked for the 18 for the clerk, and we got transferred once or 18 Judge or whoever handled the index number, 19 twice, and we talked to this nice lady. We 19 case number and so and so. 20 said she was the Court Attorney, whatever, and 20 Q Have you ever called the Appellate 21 she confirmed, yes, that the denial of the 21 Division before? 22 motion resulted in the dissolution of all 22 A Yeah, but usually just to confirm 23 restraints, and we can close. Thank you. I 23 they received something, or to see a decision 24 wrote a file memo to that effect, sent it to 24 to come down. I called the Appellate Division 25 the title company, and I believe we closed 25 in Brooklyn a number of times to find out why Min-U-Script® CINDY AFANADOR COURT REPORTING, INC. (7) Pages 25 - 28 1-877-DEPO-YOU FILED: NEW YORK COUNTY CLERK 06/16/2023 10:23 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 1140 NORMA KNOPF and MICHAEL KNOPF v. RECEIVED NYSCEF: EDWARD 06/16/2023 S. FELDMAN MICHAEL PHILLIPS and PURSUIT HOLDINGS, et. at. June 29, 2017 Page 29 Page 31 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 a case had been filed two and a half years and 2 protocols or rules regarding Appellate 3 was still not on the calendar, that type of 3 Division Court attorneys' contact with 4 thing. 4 attorneys? 5 Q Do you have some appellate 5 A No. 6 practice? 6 Q At some point you took a legal 7 A Yes. 7 ethics course in law school or for studying 8 Q How many appeals do you think you 8 for the Bar or something like that? 9 prosecuted or responded to over the years in 9 A Yes. 10 New York State? 10 Q Probably studying for the Bar? 11 A Half a dozen, ten. 11 A Forty-four years ago. 12 Q Have you ever spoken with a Court 12 Q Have you heard the term ex-parte 13 Attorney employed by the Appellate Division 13 communication? 14 before this occasion? 14 A Yes. 15 A Yes. Again, if I get referred by 15 Q What does ex-parte communication 16 the clerk, because I would not take that upon 16 mean to you? 17 myself unless there was a specific question as 17 A Ex parte communication is an 18 to, did they need something, or did they get 18 on-going litigation, and there's a matter that 19 the papers, that type of thing. 19 both sides should be there, one side should 20 Q How do you know this person is a 20 not call by themselves. 21 Court Attorney? 21 Q Were you troubled by the fact that 22 A Only because that's who was 22 know attorney for the Knopf's was on this 23 referred to, and she identified herself as 23 call, the court attorney that you had tracked 24 such. 24 down that day? 25 Q Did she identify herself as 25 MR. HANAN: Mr. Akerman? Page 30 Page 32 1 EDWARD FELDMAN 1 EDWARD FELDMAN 2 working for a particular judge? 2 MR. BERRY: Mr. Akerman. 3 A I only recall. 3 A No, because we were asking for 4 Q Did she mention she was in the 4 clarification of an Order, and whether or not 5 mediation part? 5 this Order meant what we thought it meant. If 6 A No. 6 there was a requirement for -- I'm assuming -- 7 Q Did she say that she was the head 7 as has happened to me more than once, both in 8 of mediation of the First Department? 8 New York and New Jersey, if the Court felt 9 A No. I don't remember the word 9 that the other side should be involved, they 10 mediation at all. 10 would say, please get your other counsel on 11 Q Did she say she was Special Master 11 the line. She didn't. 12 at the First Department? 12 Q Do you and Mr. Akerman talk about 13 A No, not that I recall. Absolutely 13 whether the attorney for the Knopf's should be 14 not. 14 on the call? 15 Q If her employment at that time was 15 A No. 16 as a Special Master in the mediation 16 Q Do you recall whether Mr. Akerman 17 department, that was not something you learned 17 described the lawsuit to this individual or 18 during that conversation? 18 whether she already knew about it? I think I 19 A Correct. 19 asked a similar question earlier, but I'm 20 Q Have you ever tried another 20 asking it again. 21 particular occasion to get hold of a Judge's 21 A She was familiar with the order 22 personal law clerk in the Appellate 22 and the action. He didn't describe anything 23 Division? 23 to her. The question was, we have got this 24 A In the Appellate Division, no. 24 Order, the title company needs to know, does 25 Q Are you familiar with the 25 this dissolve.