Preview
FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023
The Law Office of
Michael James Prisco PLLC
Michael Prisco, Esq. Mailing Address: 187 Veterans Blvd
Tel: (718) 550-7019 Suite 4, Massapequa NY 11758
Fax: 1 (718) 744-2033
michaelprisco@mjpesq.com
Mar 20, 2023
Via NYCEF
McCABE, COLLINS, McGEOGH, FOWLER,
LEVINE & NOGAN, LLP
Attorneys for Defendants
30 Jericho Executive Plaza, Suite 400C
Jericho, New York 11753
jconnelly@mcmflaw.com
Re: Casey Smith v. Mount Hope Preservation Apartments 1A Housing Development Fund
Company Inc. and Mount Hope Preservation Apartments LLC
Supreme Bronx Index No.: 35186/2020E
Counselors:
Enclosed is a copy of Leonel Carmenate deposition transcript. Please have Mr.
Carmenate read the transcript and execute it in the manner prescribed by CPLR §
3116(a) and then return the executed transcript to our office. If your client identifies
inaccuracies, please have them note any changes on the enclosed errata sheet. Please take
notice that failing to return the transcript within sixty (60) days shall permit the use of the
deposition transcript as though fully signed pursuant to CPLR § 3116(a). Please also note
that no changes to the transcript may be made after sixty (60) days pursuant to CPLR
3116(a). Finally, kindly ensure that your client supplies the information for any blanks
left in the transcript and that they supply any information and or documents.
Very truly yours,
/s/ Michael J. Prisco
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ERRATA SHEET
Page # Line # Correction Made Reason for Correction
Under the penalties of perjury, I declare that I have read the foregoing
document and that the facts stated in it are true.
Date:
Signature:
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1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF BRONX
4 - - - - - - - - - - - - - - - - - - - -x
5 CASEY SMITH,
6 Plaintiff,
7 -against-
8 MOUNT HOPE PRESERVATION APARTMENT 1A
HOUSING DEVELOPMENT FUND INC.,
9
Defendant.
10
- - - - - - - - - - - - - - - - - - - -x
11
1821 Davidson Avenue
12 Bronx, New York
13 February 27, 2023
10:28 a.m.
14
15
16 Deposition of LEONEL CARMENATE, on
17 behalf of the Defendant in the
18 above-entitled action, held at the above
19 time and place, taken before Shirley
20 Nottes-Werner, a Notary Public of the
21 State of New York, pursuant to Court Order
22 and stipulations between Counsel.
23
24 * * *
25
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2 A P P E A R A N C E S:
3
MICHAEL JAMES PRISCO LAW OFFICE, PLLC
4 Attorneys for Plaintiff
187 Veterans Boulevard
5 Massapequa, New York 11758
6 BY: MICHAEL JAMES PRISCO, ESQ.
7
8
9
10 McCABE, COLLINS, McGEOGH, FOWLER,
LEVINE & NOGAN, LLP
11 Attorneys for Defendant
30 Jericho Executive Plaza
12 Suite 400C
Jericho, New York 11753
13
BY: MARK WEISENREDER, ESQ., of Counsel
14
15
16
17
* * *
18
19
20
21
22
23
24
25
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2 STIPULATIONS
3 IT IS HEREBY STIPULATED, by and among
4 the attorneys for the respective parties
5 hereto, that:
6 All rights provided by the C.P.L.R.,
7 and Part 221 of the Uniform Rules for the
8 Conduct of Depositions, including the
9 right to object to any question, except as
10 to form, or to move to strike any
11 testimony at this examination is reserved;
12 and in addition, the failure to object to
13 any question or to move to strike any
14 testimony at this examination shall not be
15 a bar or waiver to make such motion at,
16 and is reserved to, the trial of this
17 action.
18 This deposition may be sworn to by the
19 witness being examined before a Notary
20 Public other than the Notary Public before
21 whom this examination was begun, but the
22 failure to do so or to return the original
23 of this deposition to counsel, shall not
24 be deemed a waiver of the rights provided
25 by Rule 3116, C.P.L.R., and shall be
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2 controlled thereby.
3 The filing of the original of this
4 deposition is waived.
5 IT IS FURTHER STIPULATED, a copy of
6 this examination shall be furnished to the
7 attorney for the witness being examined
8 without charge.
9
10 * * *
11
12 L E O N E L C A R M E N A T E,
13 the Witness herein, having first been
14 duly sworn by the Notary Public, was
15 examined and testified as follows:
16 MR. PRISCO: Hi, Mr. Carmenate.
17 My name is Michael Prisco. I'm an
18 attorney for the plaintiff in this
19 action. We're here for a deposition.
20 We're going to start off with just
21 some ground rules before we get
22 started get. Alright?
23 THE WITNESS: Yes.
24 MR. PRISCO: Do you hear me
25 okay?
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2 THE WITNESS: Yes.
3 MR. PRISCO: We have a court
4 reporter. She's going to write down
5 all the answers and questions, so we
6 can't speak at the same time. Okay?
7 THE WITNESS: Alright.
8 MR. PRISCO: All your answers
9 have to be verbal, meaning you have to
10 say yes, no or some explanation. You
11 can't use hand gestures or nods of the
12 head or say uh-uh or uh-hum. Okay?
13 THE WITNESS: Okay.
14 MR. PRISCO: If you need to take
15 a break at any time, let me know. The
16 only exception is if we have a pending
17 question, you have to answer the
18 question before your break. Alright?
19 THE WITNESS: Alright.
20 MR. PRISCO: If you don't
21 understand the question or you didn't
22 hear the question or you need the
23 question rephrased, you have to let me
24 know. We'll be happy to rephrase or
25 repeat the question for you. If you
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2 answer a question, it's going to be
3 understood by everyone that you were
4 able to hear the question, understand
5 the question and provide an
6 intelligent answer to it. Okay?
7 THE WITNESS: Alright.
8 EXAMINATION BY
9 MR. PRISCO:
10 Q. What is your name?
11 A. Leonel Carmenate.
12 Q. Where do you work?
13 A. 1821 Davidson Avenue, Department
14 E, Bronx, New York 10453.
15 Q. On December 2, 2020, who was
16 your employer?
17 A. Cornell Pace.
18 Q. What type of position did you
19 hold on December 2, 2020?
20 A. Superintendent.
21 Q. How many different buildings did
22 you work as a superintendent for back in
23 December of 2020?
24 A. Three buildings.
25 Q. Did one of those buildings
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1 L. Carmenate
2 include 1815 Davidson Avenue in the Bronx?
3 A. Yes.
4 Q. How long before December 1, 2020
5 were you the super for 1815 Davidson
6 Avenue, Bronx, New York?
7 A. Since 2018. Did you say one or
8 the three buildings?
9 Q. 1815 Davidson Avenue.
10 A. 2018.
11 Q. So if I understand you
12 correctly, you've been the super of 1815
13 Davidson Avenue, Bronx, New York since
14 2018; that's accurate?
15 A. Yes.
16 Q. Since you've been a super of
17 1815 Davidson Avenue, have you ever worked
18 alongside any other supers for that
19 building as well?
20 A. Um, doing repairs, no.
21 Q. Since 2018 to the present time,
22 have your responsibilities at the building
23 as a super of 1815 Davidson Avenue always
24 been the same?
25 A. Yes.
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1 L. Carmenate
2 Q. What are your responsibilities
3 as the super for 1815 Davidson Avenue?
4 A. Um, repairs, keep the building
5 repaired, take complaints and keep the
6 building clean.
7 Q. Before December 1, 2020, did you
8 ever perform any type of repairs in 1815
9 Davidson Avenue, Apartment 3A?
10 A. Yes.
11 Q. What type of repairs did you do
12 in apartment 3A before December 1, 2020?
13 A. The wall.
14 Q. What specifically to the wall
15 did you repair?
16 A. It was a hole in the wall.
17 Q. What did you do to repair the
18 hole?
19 A. I put in sheetrock and plaster
20 it.
21 Q. When did you make that repair to
22 the wall?
23 A. I don't remember exactly the
24 date.
25 Q. Do you have an estimation?
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1 L. Carmenate
2 A. I don't remember the day
3 exactly.
4 Q. Would there be any type of
5 document that would be maintained by your
6 employer to memorialize when you made that
7 repair?
8 A. No.
9 Q. Do you have any documentation or
10 record of when you made that repair?
11 A. No.
12 Q. Besides putting sheetrock and
13 putting plaster over the patch that you
14 made, did you have to do any repairs to
15 the plumbing inside of that wall?
16 A. No.
17 Q. Do you know how the hole came to
18 be in the wall?
19 A. What?
20 Q. Do you know how the hole came
21 into existence in the wall? What caused
22 the hole in the wall?
23 A. The plumbers did that.
24 Q. Why did the plumbers make a hole
25 in the wall in this apartment?
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1 L. Carmenate
2 A. They were looking for a leak.
3 Q. Was the plumber also an employee
4 of Cornell Pace or were they a third-party
5 company or contractor?
6 A. Um, contractor.
7 Q. What was the name of the
8 plumbing contractor?
9 A. I know it by Angel.
10 Q. Do you have Angel's contact
11 information?
12 A. Do I have his contact
13 information? They have it.
14 Q. Who has it?
15 A. Management.
16 Q. So it's your recollection,
17 before December 1, 2020 there was a
18 plumber that went to apartment 3A by the
19 name of Angel who opened up a hole in the
20 wall to repair or find a plumbing leak; is
21 that accurate?
22 A. Yes.
23 Q. When did Angel put the hole in
24 the wall to investigate and find the
25 plumbing leak?
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1 L. Carmenate
2 A. I exactly don't remember the
3 date exactly.
4 Q. Do you remember what season of
5 the year that the plumber Angel put the
6 hole in the wall?
7 A. Um, I don't. Probably
8 between -- it was going to like summer.
9 It was coming to summer, not winter like.
10 MR. PRISCO: Can you please
11 repeat the answer for me?
12 (Requested portion was read by
13 the reporter.)
14 Q. So if I understand your answer
15 correctly, your recollection is that the
16 plumber Angel created the hole in the wall
17 to look for the leak sometime as the
18 season was changing in the summer; is that
19 accurate?
20 A. Right.
21 Q. Before the plumber Angel put the
22 hole in the wall to try and find this
23 leak, were you ever personally made aware
24 of a potential leak in apartment 3A?
25 A. That I was aware of, yes. I was
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1 L. Carmenate
2 aware. That's when I called the plumber.
3 Q. When did you first become aware
4 of a leak or a potential leak in apartment
5 3A?
6 A. In the morning.
7 Q. In the morning you said?
8 A. Yes.
9 Q. By way of a date, what date
10 before December 1, 2020 did you become
11 aware of a leak in apartment 3A?
12 A. I don't remember.
13 Q. When in relation to the plumber
14 Angel coming out to the apartment and
15 opening up the wall did you become aware
16 of a leak in apartment 3A?
17 A. When did I remember, you said?
18 Q. No. When did you learn about
19 the leak in apartment 3A in relation to
20 when the plumber Angel came out to open up
21 the wall and investigate?
22 A. A tenant.
23 Q. Before the plumber Angel came
24 out to apartment 3A to open the wall, the
25 tenant of apartment 3A made a complaint to
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1 L. Carmenate
2 you about a leak; is that accurate?
3 A. No.
4 Q. A tenant of the building made a
5 complaint to you about a leak in apartment
6 3A?
7 A. Yes, before.
8 Q. Before the plumber Angel came
9 out to apartment 3A; is that accurate?
10 A. Yes.
11 Q. What was the name of the tenant
12 that made a complaint to you about a leak
13 in apartment 3A before the plumber Angel
14 went out there to inspect the leak?
15 A. Apartment 3A, I don't know his
16 name.
17 Q. How many times before the
18 plumber Angel went to apartment 3A did you
19 receive a complaint about a leak in
20 apartment 3A?
21 A. Once.
22 Q. When did you receive that
23 complaint about the leak in apartment 3A?
24 A. In the morning.
25 Q. In the morning of what day?
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1 L. Carmenate
2 A. I don't remember.
3 Q. Was it the same morning that the
4 plumber Angel went out to investigate the
5 leak?
6 A. Yes.
7 Q. How did you notify the plumber
8 Angel to go out and investigate the leak?
9 A. I called management. They
10 called him.
11 Q. When the plumber Angel went to
12 apartment 3A to investigate the leak, did
13 you observe the work that the plumber did?
14 A. No.
15 Q. Do you know what type of work
16 the plumber did in apartment 3A?
17 A. Plumbing.
18 Q. Do you know what type of
19 plumbing work was done specifically?
20 A. Broken pipe.
21 Q. Before December 1, 2020, did you
22 observe any leaking or broken pipes in
23 apartment 3A?
24 A. No.
25 Q. Did the plumber tell you that
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2 there was a leaking or broken pipe in
3 apartment 3A?
4 A. It was inside the wall.
5 Q. How did you know there was a
6 broken or leaking pipe inside the wall in
7 apartment 3A?
8 A. We found out the leak inside the
9 wall.
10 Q. Who found it out?
11 A. I saw the water coming.
12 Q. Where did you see the water
13 coming from?
14 A. Inside the wall.
15 Q. What was wrong with the pipe
16 that was causing water to leak inside of
17 the wall?
18 A. It was burst.
19 Q. How long had that pipe been
20 burst inside the wall before it was
21 repaired by the plumber Angel?
22 A. Same day.
23 Q. Once you received the complaint
24 from a tenant about a leaking pipe inside
25 of apartment 3A, did you go in and make
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1 L. Carmenate
2 any inspection of the apartment to observe
3 the leak within apartment 3A?
4 A. Yes.
5 Q. When did you go and make that
6 inspection?
7 A. Same day. I don't remember
8 exactly what day.
9 Q. When you went into the
10 apartment, what did you observe?
11 A. Water. It was water. I heard
12 the noise in the wall, but no water was
13 coming into the apartment.
14 Q. What type of noise did you hear
15 coming from the wall?
16 A. Broken pipe.
17 Q. What did it sound like?
18 A. Like a broken -- like swishing.
19 (Indicating.)
20 Q. It sounded like water was
21 running inside of the wall?
22 A. Yes.
23 Q. Like leaking water?
24 A. Yes, water was going down to the
25 apartment below.
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1 L. Carmenate
2 Q. Did you also make an inspection
3 of the apartment below when you learned of
4 the leak in apartment 3A?
5 A. Yes.
6 Q. When you went to the apartment
7 below to make that inspection, what did
8 you observe in that apartment?
9 A. Water was coming down.
10 Q. Water was raining down into that
11 lower apartment; is that accurate?
12 MR. WEISENREDER: Objection as
13 to form.
14 A. Yes.
15 Q. How would you describe how water
16 was coming down, if you can describe that
17 for us?
18 A. You could see it from the light
19 fixture on the walls.
20 Q. Was it dripping down from the
21 ceiling?
22 A. Dripping.
23 Q. Leaking down and running down
24 the walls? How would you describe it?
25 A. Dripping down.
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1 L. Carmenate
2 Q. Could you describe the amount of
3 water that was dripping down in the
4 apartment below apartment 3A when you made
5 your observations?
6 A. Um, like half a gallon of water.
7 Q. When you went into the apartment
8 below apartment 3A, was there water
9 accumulating on the floor of that
10 apartment?
11 A. No.
12 Q. There was no water on the floor
13 of that apartment that accumulated from
14 the water dripping from the ceiling?
15 A. No.
16 Q. The water dripping from the
17 ceiling of the apartment below apartment
18 3A, as it was dripping, where was it
19 collecting if it wasn't collecting on the
20 floor?
21 A. Between the second and first
22 floor.
23 Q. So if I understand you
24 correctly, there was a leak in apartment
25 3A, correct?
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2 A. It was beneath the apartment 3A
3 in the wall we found it.
4 Q. Okay. It was in the wall
5 between the apartment 3A and the apartment
6 below 3A, correct?
7 A. Yes.
8 Q. When you went into the apartment
9 below 3A, correct, you saw water dripping
10 down from the ceiling of that apartment,
11 correct?
12 A. Yes.
13 Q. That water that was dripping
14 down, where was it landing and collecting?
15 A. To the apartment below, 2A.
16 Q. So it was dripping from the
17 ceiling of apartment 3A and it was
18 collecting on the floor of apartment 2A;
19 is that correct?
20 A. Right.
21 Q. Okay. The amount of water at
22 the time that you made the inspection of
23 apartment 2A, how much water had begun to
24 collect on the floor of apartment 2A?
25 A. It's hard to say.
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2 Q. How would you describe it, the
3 best that you can?
4 A. Um, half a gallon.
5 Q. When you looked up while you
6 were in apartment 2A, was there any damage
7 to the ceiling?
8 A. Yes.
9 Q. What type of damage in the
10 ceiling in apartment 2A did you observe?
11 A. In the bathroom the sheetrock
12 was damaged and the hallway.
13 Q. So the sheetrock of the ceiling
14 within the bathroom and in the hallway of
15 apartment 2A was damaged from the water;
16 is that accurate?
17 A. The bathroom underneath and the
18 hallway on apartment 2A.
19 Q. So if I understand you
20 correctly, you were in apartment 2A, you
21 observed damage to the sheetrock ceiling
22 of apartment 2A in the bathroom and in the
23 hallway, correct?
24 A. In the bathroom and in the
25 hallway yes.
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2 Q. When you were in apartment 2A
3 making this observation of the damage of
4 the ceiling in the hallway and in the
5 bathroom of apartment 2A, were you able to
6 see the floor joists or the sub floor
7 plywood for apartment 3A from apartment
8 2A?
9 A. The floor we didn't see, doesn't
10 show. The floor was fine 3A. Something
11 doesn't show right away what's the damage
12 there.
13 Q. What do you mean it doesn't
14 show? The water damage to the floor of
15 apartment 3A doesn't show right away; is
16 that what you're saying?
17 A. No.
18 Q. What do you mean by it didn't
19 show right away?
20 A. In other words, it could be
21 inside the wall, those wood floors is
22 compressed, so it would not show.
23 Q. What won't show?
24 A. The water.
25 Q. The water that's between the
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2 wood floor wouldn't show; is that what
3 you're saying?
4 A. It wouldn't show in the
5 apartment, no.
6 Q. Explain to me what wouldn't show
7 with respect to the water and the wood
8 floor of apartment 3A so I can understand.
9 A. It would not -- it would not
10 show. When I went up there, I didn't see
11 no water.
12 Q. But you said something wouldn't
13 show. What wouldn't show with respect to
14 the wood floor in apartment 3A and the
15 water?
16 A. Because in between the two
17 floors the floor has a gap, so the water
18 was going down. So whatever water was
19 going in that level of the apartment does
20 not show.
21 Q. So do I understand you correctly
22 when I say the following, that when you
23 were in apartment 2A and you looked up to
24 see the damage of the ceiling in the
25 hallway and in the bathroom, you couldn't
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2 see the wood floor of apartment 3A?
3 A. No.
4 Q. What are you trying to tell us
5 then?
6 A. I didn't see no water inside the
7 wall on the inside between those two
8 floors, only on the bottom.
9 Q. So if I understand you then
10 correctly, you only saw water leaking from
11 underneath the floor of apartment 3A; is
12 that what you're saying?
13 A. Right.
14 Q. Were you able to see where the
15 pipe was leaking?
16 A. Um, no, I couldn't see.
17 Q. So if I understand you
18 correctly, you don't know where the
19 beginning of the leak was, correct?
20 A. The beginning of the leak, no, I
21 don't know where was that leak.
22 Q. Did you do any investigation
23 yourself to determine where the beginning
24 of the leak was?
25 A. The only investigating that I
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2 did was that I followed the water and the
3 noise that it was making.
4 Q. Okay. Did you do any
5 investigation in apartment 3A to see --
6 A. Yes.
7 Q. -- where the water was leaking
8 from or starting from in apartment 3A?
9 A. I did.
10 Q. What investigation did you do in
11 apartment 3A?
12 A. I went upstairs.
13 Q. When you went upstairs, what did
14 you do?
15 A. I looked and there was no water.
16 So when I saw there was no water coming in
17 the apartment, I went down to the second
18 apartment that was between those two
19 apartments.
20 Q. When you went to look and do
21 your investigation in apartment 3A, did
22 you open up any of the walls in apartment
23 3A?
24 A. No.
25 Q. After the plumber opened out the
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2 wall in apartment 3A, did you go in and
3 look in that hole to do any investigation
4 to determine where the water was leaking
5 from and how much water was leaking?
6 A. No.
7 Q. Did you have a conversation with
8 the plumber Angel or anyone who repaired
9 the leak to learn where the water was
10 leaking from?
11 A. Yes, I did.
12 Q. Who did you speak with?
13 A. With the plumber.
14 Q. What did the plumber tell you?
15 MR. WEISENREDER: Note my
16 objection.
17 You may answer.
18 A. What?
19 Q. What did the plumber tell you?
20 A. That we have to find the leak.
21 We have to break these walls and find the
22 leak between the third and the second
23 inside the wall coming down.
24 Q. Besides receiving a complaint
25 before December 1, 2020 about a leak in
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2 apartment 3A, did you ever receive any
3 complaints about damage to the wood floors
4 in apartment 3A before December 1, 2020?
5 A. I did.
6 Q. What complaint did you receive
7 before December 1, 2020 about the wood
8 floors within apartment 3A?
9 A. The floor was buckled.
10 Q. On how many different occasions
11 did you receive complaints about the
12 floors buckling within apartment 3A before
13 December 1, 2020?
14 A. Once.
15 Q. Who made that complaint to you?
16 A. The tenant.
17 Q. What's the name of the tenant?
18 A. Casey.
19 Q. What specifically did Casey
20 complain to you about with regard to the
21 buckling of his floors in the apartment?
22 A. That the floor was buckling.
23 And I let the management know about it and
24 they sent somebody to fix it.
25 Q. When Casey made the complaint
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2 about the buckling floor to you, was that
3 complaint made before or after the leak?
4 A. After the leak.
5 Q. Did you ever make repairs to the
6 wood floor within apartment 3A?
7 A. No.
8 Q. After Casey made the complaints
9 about the floors within apartment 3A about
10 them buckling, did you ever go to
11 apartment 3A to make any observation or
12 inspection of the floor?
13 A. I did.
14 Q. When you went in to make those
15 observations about the buckling floor,
16 what did you observe?
17 A. It was buckling up, not that
18 aggressive, maybe like an inch.
19 Q. How many planks of the wood
20 floor were buckled up?
21 A. About four layers, you know,
22 four layers.
23 Q. Four planks?
24 A. Yeah.
25 Q. In the area of the floor that
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2 you observed buckled up, where was this
3 located inside of the apartment?
4 A. Near the wall, the entry.
5 Q. Would
Preview
FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 The Law Office of Michael James Prisco PLLC Michael Prisco, Esq. Mailing Address: 187 Veterans Blvd Tel: (718) 550-7019 Suite 4, Massapequa NY 11758 Fax: 1 (718) 744-2033 michaelprisco@mjpesq.com Mar 20, 2023 Via NYCEF McCABE, COLLINS, McGEOGH, FOWLER, LEVINE & NOGAN, LLP Attorneys for Defendants 30 Jericho Executive Plaza, Suite 400C Jericho, New York 11753 jconnelly@mcmflaw.com Re: Casey Smith v. Mount Hope Preservation Apartments 1A Housing Development Fund Company Inc. and Mount Hope Preservation Apartments LLC Supreme Bronx Index No.: 35186/2020E Counselors: Enclosed is a copy of Leonel Carmenate deposition transcript. Please have Mr. Carmenate read the transcript and execute it in the manner prescribed by CPLR § 3116(a) and then return the executed transcript to our office. If your client identifies inaccuracies, please have them note any changes on the enclosed errata sheet. Please take notice that failing to return the transcript within sixty (60) days shall permit the use of the deposition transcript as though fully signed pursuant to CPLR § 3116(a). Please also note that no changes to the transcript may be made after sixty (60) days pursuant to CPLR 3116(a). Finally, kindly ensure that your client supplies the information for any blanks left in the transcript and that they supply any information and or documents. Very truly yours, /s/ Michael J. Prisco 1 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 ERRATA SHEET Page # Line # Correction Made Reason for Correction Under the penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true. Date: Signature: 2 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF BRONX 4 - - - - - - - - - - - - - - - - - - - -x 5 CASEY SMITH, 6 Plaintiff, 7 -against- 8 MOUNT HOPE PRESERVATION APARTMENT 1A HOUSING DEVELOPMENT FUND INC., 9 Defendant. 10 - - - - - - - - - - - - - - - - - - - -x 11 1821 Davidson Avenue 12 Bronx, New York 13 February 27, 2023 10:28 a.m. 14 15 16 Deposition of LEONEL CARMENATE, on 17 behalf of the Defendant in the 18 above-entitled action, held at the above 19 time and place, taken before Shirley 20 Nottes-Werner, a Notary Public of the 21 State of New York, pursuant to Court Order 22 and stipulations between Counsel. 23 24 * * * 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 3 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 2 1 2 A P P E A R A N C E S: 3 MICHAEL JAMES PRISCO LAW OFFICE, PLLC 4 Attorneys for Plaintiff 187 Veterans Boulevard 5 Massapequa, New York 11758 6 BY: MICHAEL JAMES PRISCO, ESQ. 7 8 9 10 McCABE, COLLINS, McGEOGH, FOWLER, LEVINE & NOGAN, LLP 11 Attorneys for Defendant 30 Jericho Executive Plaza 12 Suite 400C Jericho, New York 11753 13 BY: MARK WEISENREDER, ESQ., of Counsel 14 15 16 17 * * * 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 4 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 3 1 2 STIPULATIONS 3 IT IS HEREBY STIPULATED, by and among 4 the attorneys for the respective parties 5 hereto, that: 6 All rights provided by the C.P.L.R., 7 and Part 221 of the Uniform Rules for the 8 Conduct of Depositions, including the 9 right to object to any question, except as 10 to form, or to move to strike any 11 testimony at this examination is reserved; 12 and in addition, the failure to object to 13 any question or to move to strike any 14 testimony at this examination shall not be 15 a bar or waiver to make such motion at, 16 and is reserved to, the trial of this 17 action. 18 This deposition may be sworn to by the 19 witness being examined before a Notary 20 Public other than the Notary Public before 21 whom this examination was begun, but the 22 failure to do so or to return the original 23 of this deposition to counsel, shall not 24 be deemed a waiver of the rights provided 25 by Rule 3116, C.P.L.R., and shall be Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 5 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 4 1 2 controlled thereby. 3 The filing of the original of this 4 deposition is waived. 5 IT IS FURTHER STIPULATED, a copy of 6 this examination shall be furnished to the 7 attorney for the witness being examined 8 without charge. 9 10 * * * 11 12 L E O N E L C A R M E N A T E, 13 the Witness herein, having first been 14 duly sworn by the Notary Public, was 15 examined and testified as follows: 16 MR. PRISCO: Hi, Mr. Carmenate. 17 My name is Michael Prisco. I'm an 18 attorney for the plaintiff in this 19 action. We're here for a deposition. 20 We're going to start off with just 21 some ground rules before we get 22 started get. Alright? 23 THE WITNESS: Yes. 24 MR. PRISCO: Do you hear me 25 okay? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 6 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 5 1 2 THE WITNESS: Yes. 3 MR. PRISCO: We have a court 4 reporter. She's going to write down 5 all the answers and questions, so we 6 can't speak at the same time. Okay? 7 THE WITNESS: Alright. 8 MR. PRISCO: All your answers 9 have to be verbal, meaning you have to 10 say yes, no or some explanation. You 11 can't use hand gestures or nods of the 12 head or say uh-uh or uh-hum. Okay? 13 THE WITNESS: Okay. 14 MR. PRISCO: If you need to take 15 a break at any time, let me know. The 16 only exception is if we have a pending 17 question, you have to answer the 18 question before your break. Alright? 19 THE WITNESS: Alright. 20 MR. PRISCO: If you don't 21 understand the question or you didn't 22 hear the question or you need the 23 question rephrased, you have to let me 24 know. We'll be happy to rephrase or 25 repeat the question for you. If you Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 7 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 6 1 2 answer a question, it's going to be 3 understood by everyone that you were 4 able to hear the question, understand 5 the question and provide an 6 intelligent answer to it. Okay? 7 THE WITNESS: Alright. 8 EXAMINATION BY 9 MR. PRISCO: 10 Q. What is your name? 11 A. Leonel Carmenate. 12 Q. Where do you work? 13 A. 1821 Davidson Avenue, Department 14 E, Bronx, New York 10453. 15 Q. On December 2, 2020, who was 16 your employer? 17 A. Cornell Pace. 18 Q. What type of position did you 19 hold on December 2, 2020? 20 A. Superintendent. 21 Q. How many different buildings did 22 you work as a superintendent for back in 23 December of 2020? 24 A. Three buildings. 25 Q. Did one of those buildings Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 8 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 7 1 L. Carmenate 2 include 1815 Davidson Avenue in the Bronx? 3 A. Yes. 4 Q. How long before December 1, 2020 5 were you the super for 1815 Davidson 6 Avenue, Bronx, New York? 7 A. Since 2018. Did you say one or 8 the three buildings? 9 Q. 1815 Davidson Avenue. 10 A. 2018. 11 Q. So if I understand you 12 correctly, you've been the super of 1815 13 Davidson Avenue, Bronx, New York since 14 2018; that's accurate? 15 A. Yes. 16 Q. Since you've been a super of 17 1815 Davidson Avenue, have you ever worked 18 alongside any other supers for that 19 building as well? 20 A. Um, doing repairs, no. 21 Q. Since 2018 to the present time, 22 have your responsibilities at the building 23 as a super of 1815 Davidson Avenue always 24 been the same? 25 A. Yes. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 9 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 8 1 L. Carmenate 2 Q. What are your responsibilities 3 as the super for 1815 Davidson Avenue? 4 A. Um, repairs, keep the building 5 repaired, take complaints and keep the 6 building clean. 7 Q. Before December 1, 2020, did you 8 ever perform any type of repairs in 1815 9 Davidson Avenue, Apartment 3A? 10 A. Yes. 11 Q. What type of repairs did you do 12 in apartment 3A before December 1, 2020? 13 A. The wall. 14 Q. What specifically to the wall 15 did you repair? 16 A. It was a hole in the wall. 17 Q. What did you do to repair the 18 hole? 19 A. I put in sheetrock and plaster 20 it. 21 Q. When did you make that repair to 22 the wall? 23 A. I don't remember exactly the 24 date. 25 Q. Do you have an estimation? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 10 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 9 1 L. Carmenate 2 A. I don't remember the day 3 exactly. 4 Q. Would there be any type of 5 document that would be maintained by your 6 employer to memorialize when you made that 7 repair? 8 A. No. 9 Q. Do you have any documentation or 10 record of when you made that repair? 11 A. No. 12 Q. Besides putting sheetrock and 13 putting plaster over the patch that you 14 made, did you have to do any repairs to 15 the plumbing inside of that wall? 16 A. No. 17 Q. Do you know how the hole came to 18 be in the wall? 19 A. What? 20 Q. Do you know how the hole came 21 into existence in the wall? What caused 22 the hole in the wall? 23 A. The plumbers did that. 24 Q. Why did the plumbers make a hole 25 in the wall in this apartment? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 11 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 10 1 L. Carmenate 2 A. They were looking for a leak. 3 Q. Was the plumber also an employee 4 of Cornell Pace or were they a third-party 5 company or contractor? 6 A. Um, contractor. 7 Q. What was the name of the 8 plumbing contractor? 9 A. I know it by Angel. 10 Q. Do you have Angel's contact 11 information? 12 A. Do I have his contact 13 information? They have it. 14 Q. Who has it? 15 A. Management. 16 Q. So it's your recollection, 17 before December 1, 2020 there was a 18 plumber that went to apartment 3A by the 19 name of Angel who opened up a hole in the 20 wall to repair or find a plumbing leak; is 21 that accurate? 22 A. Yes. 23 Q. When did Angel put the hole in 24 the wall to investigate and find the 25 plumbing leak? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 12 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 11 1 L. Carmenate 2 A. I exactly don't remember the 3 date exactly. 4 Q. Do you remember what season of 5 the year that the plumber Angel put the 6 hole in the wall? 7 A. Um, I don't. Probably 8 between -- it was going to like summer. 9 It was coming to summer, not winter like. 10 MR. PRISCO: Can you please 11 repeat the answer for me? 12 (Requested portion was read by 13 the reporter.) 14 Q. So if I understand your answer 15 correctly, your recollection is that the 16 plumber Angel created the hole in the wall 17 to look for the leak sometime as the 18 season was changing in the summer; is that 19 accurate? 20 A. Right. 21 Q. Before the plumber Angel put the 22 hole in the wall to try and find this 23 leak, were you ever personally made aware 24 of a potential leak in apartment 3A? 25 A. That I was aware of, yes. I was Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 13 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 12 1 L. Carmenate 2 aware. That's when I called the plumber. 3 Q. When did you first become aware 4 of a leak or a potential leak in apartment 5 3A? 6 A. In the morning. 7 Q. In the morning you said? 8 A. Yes. 9 Q. By way of a date, what date 10 before December 1, 2020 did you become 11 aware of a leak in apartment 3A? 12 A. I don't remember. 13 Q. When in relation to the plumber 14 Angel coming out to the apartment and 15 opening up the wall did you become aware 16 of a leak in apartment 3A? 17 A. When did I remember, you said? 18 Q. No. When did you learn about 19 the leak in apartment 3A in relation to 20 when the plumber Angel came out to open up 21 the wall and investigate? 22 A. A tenant. 23 Q. Before the plumber Angel came 24 out to apartment 3A to open the wall, the 25 tenant of apartment 3A made a complaint to Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 14 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 13 1 L. Carmenate 2 you about a leak; is that accurate? 3 A. No. 4 Q. A tenant of the building made a 5 complaint to you about a leak in apartment 6 3A? 7 A. Yes, before. 8 Q. Before the plumber Angel came 9 out to apartment 3A; is that accurate? 10 A. Yes. 11 Q. What was the name of the tenant 12 that made a complaint to you about a leak 13 in apartment 3A before the plumber Angel 14 went out there to inspect the leak? 15 A. Apartment 3A, I don't know his 16 name. 17 Q. How many times before the 18 plumber Angel went to apartment 3A did you 19 receive a complaint about a leak in 20 apartment 3A? 21 A. Once. 22 Q. When did you receive that 23 complaint about the leak in apartment 3A? 24 A. In the morning. 25 Q. In the morning of what day? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 15 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 14 1 L. Carmenate 2 A. I don't remember. 3 Q. Was it the same morning that the 4 plumber Angel went out to investigate the 5 leak? 6 A. Yes. 7 Q. How did you notify the plumber 8 Angel to go out and investigate the leak? 9 A. I called management. They 10 called him. 11 Q. When the plumber Angel went to 12 apartment 3A to investigate the leak, did 13 you observe the work that the plumber did? 14 A. No. 15 Q. Do you know what type of work 16 the plumber did in apartment 3A? 17 A. Plumbing. 18 Q. Do you know what type of 19 plumbing work was done specifically? 20 A. Broken pipe. 21 Q. Before December 1, 2020, did you 22 observe any leaking or broken pipes in 23 apartment 3A? 24 A. No. 25 Q. Did the plumber tell you that Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 16 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 15 1 L. Carmenate 2 there was a leaking or broken pipe in 3 apartment 3A? 4 A. It was inside the wall. 5 Q. How did you know there was a 6 broken or leaking pipe inside the wall in 7 apartment 3A? 8 A. We found out the leak inside the 9 wall. 10 Q. Who found it out? 11 A. I saw the water coming. 12 Q. Where did you see the water 13 coming from? 14 A. Inside the wall. 15 Q. What was wrong with the pipe 16 that was causing water to leak inside of 17 the wall? 18 A. It was burst. 19 Q. How long had that pipe been 20 burst inside the wall before it was 21 repaired by the plumber Angel? 22 A. Same day. 23 Q. Once you received the complaint 24 from a tenant about a leaking pipe inside 25 of apartment 3A, did you go in and make Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 17 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 16 1 L. Carmenate 2 any inspection of the apartment to observe 3 the leak within apartment 3A? 4 A. Yes. 5 Q. When did you go and make that 6 inspection? 7 A. Same day. I don't remember 8 exactly what day. 9 Q. When you went into the 10 apartment, what did you observe? 11 A. Water. It was water. I heard 12 the noise in the wall, but no water was 13 coming into the apartment. 14 Q. What type of noise did you hear 15 coming from the wall? 16 A. Broken pipe. 17 Q. What did it sound like? 18 A. Like a broken -- like swishing. 19 (Indicating.) 20 Q. It sounded like water was 21 running inside of the wall? 22 A. Yes. 23 Q. Like leaking water? 24 A. Yes, water was going down to the 25 apartment below. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 18 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 17 1 L. Carmenate 2 Q. Did you also make an inspection 3 of the apartment below when you learned of 4 the leak in apartment 3A? 5 A. Yes. 6 Q. When you went to the apartment 7 below to make that inspection, what did 8 you observe in that apartment? 9 A. Water was coming down. 10 Q. Water was raining down into that 11 lower apartment; is that accurate? 12 MR. WEISENREDER: Objection as 13 to form. 14 A. Yes. 15 Q. How would you describe how water 16 was coming down, if you can describe that 17 for us? 18 A. You could see it from the light 19 fixture on the walls. 20 Q. Was it dripping down from the 21 ceiling? 22 A. Dripping. 23 Q. Leaking down and running down 24 the walls? How would you describe it? 25 A. Dripping down. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 19 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 18 1 L. Carmenate 2 Q. Could you describe the amount of 3 water that was dripping down in the 4 apartment below apartment 3A when you made 5 your observations? 6 A. Um, like half a gallon of water. 7 Q. When you went into the apartment 8 below apartment 3A, was there water 9 accumulating on the floor of that 10 apartment? 11 A. No. 12 Q. There was no water on the floor 13 of that apartment that accumulated from 14 the water dripping from the ceiling? 15 A. No. 16 Q. The water dripping from the 17 ceiling of the apartment below apartment 18 3A, as it was dripping, where was it 19 collecting if it wasn't collecting on the 20 floor? 21 A. Between the second and first 22 floor. 23 Q. So if I understand you 24 correctly, there was a leak in apartment 25 3A, correct? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 20 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 19 1 L. Carmenate 2 A. It was beneath the apartment 3A 3 in the wall we found it. 4 Q. Okay. It was in the wall 5 between the apartment 3A and the apartment 6 below 3A, correct? 7 A. Yes. 8 Q. When you went into the apartment 9 below 3A, correct, you saw water dripping 10 down from the ceiling of that apartment, 11 correct? 12 A. Yes. 13 Q. That water that was dripping 14 down, where was it landing and collecting? 15 A. To the apartment below, 2A. 16 Q. So it was dripping from the 17 ceiling of apartment 3A and it was 18 collecting on the floor of apartment 2A; 19 is that correct? 20 A. Right. 21 Q. Okay. The amount of water at 22 the time that you made the inspection of 23 apartment 2A, how much water had begun to 24 collect on the floor of apartment 2A? 25 A. It's hard to say. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 21 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 20 1 L. Carmenate 2 Q. How would you describe it, the 3 best that you can? 4 A. Um, half a gallon. 5 Q. When you looked up while you 6 were in apartment 2A, was there any damage 7 to the ceiling? 8 A. Yes. 9 Q. What type of damage in the 10 ceiling in apartment 2A did you observe? 11 A. In the bathroom the sheetrock 12 was damaged and the hallway. 13 Q. So the sheetrock of the ceiling 14 within the bathroom and in the hallway of 15 apartment 2A was damaged from the water; 16 is that accurate? 17 A. The bathroom underneath and the 18 hallway on apartment 2A. 19 Q. So if I understand you 20 correctly, you were in apartment 2A, you 21 observed damage to the sheetrock ceiling 22 of apartment 2A in the bathroom and in the 23 hallway, correct? 24 A. In the bathroom and in the 25 hallway yes. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 22 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 21 1 L. Carmenate 2 Q. When you were in apartment 2A 3 making this observation of the damage of 4 the ceiling in the hallway and in the 5 bathroom of apartment 2A, were you able to 6 see the floor joists or the sub floor 7 plywood for apartment 3A from apartment 8 2A? 9 A. The floor we didn't see, doesn't 10 show. The floor was fine 3A. Something 11 doesn't show right away what's the damage 12 there. 13 Q. What do you mean it doesn't 14 show? The water damage to the floor of 15 apartment 3A doesn't show right away; is 16 that what you're saying? 17 A. No. 18 Q. What do you mean by it didn't 19 show right away? 20 A. In other words, it could be 21 inside the wall, those wood floors is 22 compressed, so it would not show. 23 Q. What won't show? 24 A. The water. 25 Q. The water that's between the Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 23 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 22 1 L. Carmenate 2 wood floor wouldn't show; is that what 3 you're saying? 4 A. It wouldn't show in the 5 apartment, no. 6 Q. Explain to me what wouldn't show 7 with respect to the water and the wood 8 floor of apartment 3A so I can understand. 9 A. It would not -- it would not 10 show. When I went up there, I didn't see 11 no water. 12 Q. But you said something wouldn't 13 show. What wouldn't show with respect to 14 the wood floor in apartment 3A and the 15 water? 16 A. Because in between the two 17 floors the floor has a gap, so the water 18 was going down. So whatever water was 19 going in that level of the apartment does 20 not show. 21 Q. So do I understand you correctly 22 when I say the following, that when you 23 were in apartment 2A and you looked up to 24 see the damage of the ceiling in the 25 hallway and in the bathroom, you couldn't Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 24 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 23 1 L. Carmenate 2 see the wood floor of apartment 3A? 3 A. No. 4 Q. What are you trying to tell us 5 then? 6 A. I didn't see no water inside the 7 wall on the inside between those two 8 floors, only on the bottom. 9 Q. So if I understand you then 10 correctly, you only saw water leaking from 11 underneath the floor of apartment 3A; is 12 that what you're saying? 13 A. Right. 14 Q. Were you able to see where the 15 pipe was leaking? 16 A. Um, no, I couldn't see. 17 Q. So if I understand you 18 correctly, you don't know where the 19 beginning of the leak was, correct? 20 A. The beginning of the leak, no, I 21 don't know where was that leak. 22 Q. Did you do any investigation 23 yourself to determine where the beginning 24 of the leak was? 25 A. The only investigating that I Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 25 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 24 1 L. Carmenate 2 did was that I followed the water and the 3 noise that it was making. 4 Q. Okay. Did you do any 5 investigation in apartment 3A to see -- 6 A. Yes. 7 Q. -- where the water was leaking 8 from or starting from in apartment 3A? 9 A. I did. 10 Q. What investigation did you do in 11 apartment 3A? 12 A. I went upstairs. 13 Q. When you went upstairs, what did 14 you do? 15 A. I looked and there was no water. 16 So when I saw there was no water coming in 17 the apartment, I went down to the second 18 apartment that was between those two 19 apartments. 20 Q. When you went to look and do 21 your investigation in apartment 3A, did 22 you open up any of the walls in apartment 23 3A? 24 A. No. 25 Q. After the plumber opened out the Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 26 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 25 1 L. Carmenate 2 wall in apartment 3A, did you go in and 3 look in that hole to do any investigation 4 to determine where the water was leaking 5 from and how much water was leaking? 6 A. No. 7 Q. Did you have a conversation with 8 the plumber Angel or anyone who repaired 9 the leak to learn where the water was 10 leaking from? 11 A. Yes, I did. 12 Q. Who did you speak with? 13 A. With the plumber. 14 Q. What did the plumber tell you? 15 MR. WEISENREDER: Note my 16 objection. 17 You may answer. 18 A. What? 19 Q. What did the plumber tell you? 20 A. That we have to find the leak. 21 We have to break these walls and find the 22 leak between the third and the second 23 inside the wall coming down. 24 Q. Besides receiving a complaint 25 before December 1, 2020 about a leak in Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 27 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 26 1 L. Carmenate 2 apartment 3A, did you ever receive any 3 complaints about damage to the wood floors 4 in apartment 3A before December 1, 2020? 5 A. I did. 6 Q. What complaint did you receive 7 before December 1, 2020 about the wood 8 floors within apartment 3A? 9 A. The floor was buckled. 10 Q. On how many different occasions 11 did you receive complaints about the 12 floors buckling within apartment 3A before 13 December 1, 2020? 14 A. Once. 15 Q. Who made that complaint to you? 16 A. The tenant. 17 Q. What's the name of the tenant? 18 A. Casey. 19 Q. What specifically did Casey 20 complain to you about with regard to the 21 buckling of his floors in the apartment? 22 A. That the floor was buckling. 23 And I let the management know about it and 24 they sent somebody to fix it. 25 Q. When Casey made the complaint Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 28 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 27 1 L. Carmenate 2 about the buckling floor to you, was that 3 complaint made before or after the leak? 4 A. After the leak. 5 Q. Did you ever make repairs to the 6 wood floor within apartment 3A? 7 A. No. 8 Q. After Casey made the complaints 9 about the floors within apartment 3A about 10 them buckling, did you ever go to 11 apartment 3A to make any observation or 12 inspection of the floor? 13 A. I did. 14 Q. When you went in to make those 15 observations about the buckling floor, 16 what did you observe? 17 A. It was buckling up, not that 18 aggressive, maybe like an inch. 19 Q. How many planks of the wood 20 floor were buckled up? 21 A. About four layers, you know, 22 four layers. 23 Q. Four planks? 24 A. Yeah. 25 Q. In the area of the floor that Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 29 of 124 FILED: BRONX COUNTY CLERK 03/20/2023 02:38 PM INDEX NO. 35186/2020E NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/20/2023 Page 28 1 L. Carmenate 2 you observed buckled up, where was this 3 located inside of the apartment? 4 A. Near the wall, the entry. 5 Q. Would