Preview
FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023
Index #: 152948/2020
Motion Seq. #: 006
Exhibit L
Examination Before Trial of Maximo Vazquez
FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023
Page 1
September 28, 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------x
JOSEPH ITARA and TABETHA ITARA,
Plaintiffs,
-against-
MASARYK TOWERS CORPORATION d/b/a MASARYK
TOWERS MANAGEMENT,
Defendant.
---------------------------------------- x
MASARYK TOWERS CORPORATION i/s/h/a MASARYK
TOWERS CORPORATION d/b/a MASARYK TOWERS
MANAGEMENT,
Third-Party Plaintiff,
-against-
Index No. 595639/2021
CENTENNIAL ELEVATOR INDUSTRIES, INC.,
Third-Party Defendant.
---------------------------------------------- x
EXAMINATION BEFORE TRIAL of the Defendant,
MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS
MANAGEMENT, by MAXIMO VAZQUEZ, taken by the
Plaintiff, pursuant to Order, held remotely via
Zoom/LegalView Videoconferencing, on September 28,
2021, at 12:07 p.m., before a Notary Public of the
State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023
Page 2
September 28, 2021
1
2 A P P E A R A N C E S:
3 BRAND BRAND NOMBERG & ROSENBAUM, LLP
4 Attorneys for Plaintiffs
5 622 3rd Avenue, 7th Floor
6 New York, New York 10017
7
BY: BRETT J. NOMBERG, ESQ.
8
9
10 MILBER, MAKRIS PLOUSADIS & SEIDEN, LLP
11 Attorneys for Defendant/
12 Third-Party Plaintiff MASARYK TOWERS
13 CORPORATION i/s/h/a MASARYK TOWERS
14 CORPORATION d/b/a MASARYK TOWERS
15 MANAGEMENT
16 1000 Woodbury Road, Suite 402
17 Woodbury, New York 11797
18 BY: SUSAN J. STROMBERG, ESQ.
19
20 BABCHIK & YOUNG, LLP
21 Attorneys for Third-Party Defendant
22 CENTENNIAL ELEVATOR INDUSTRIES INC.
23 245 Main Street, Suite 330
24 White Plains, New York 10601
25 BY: SASHA ROBINS, ESQ.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023
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September 28, 2021
1
2 221. UNIFORM RULES FOR THE
3 CONDUCT OF DEPOSITIONS
4 221.1 Objections at Depositions
(a) Objections in general. No objections
5 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
6 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
7 except in compliance with subdivision (e) of
such rule. All objections made at a
8 deposition shall be noted by the officer
before whom the deposition is taken, and the
9 answer shall be given and the deposition shall
proceed subject to the objections and to the
10 right of a person to apply for appropriate
relief pursuant to Article 31 of the CPLR.
11 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
12 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
13 request of the questioning attorney, shall
include a clear statement as to any defect in
14 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule
15 3115 or by this rule, during the course of the
examination, persons in attendance shall not
16 make statements or comments that interfere
with the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions at
18 a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
19 enforce a limitation set forth in an order of
the court, or (iii) when the question is
20 plainly improper and would, if answered, cause
significant prejudice to any person. An
21 attorney shall not direct a deponent not to
answer except as provided in CPLR Rule 3115 or
22 this subdivision. Any refusal to answer or
direction not to answer shall be accompanied
23 by a succinct and clear statement of the basis
therefor. If the deponent does not answer a
24 question, the examining party shall have the
right to complete the remainder of the deposition.
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1
2 221. UNIFORM RULES FOR THE
3 CONDUCT OF DEPOSITIONS
4 221.3 Communication with the deponent.
An attorney shall not interrupt the
5 deposition for the purpose of communicating
with the deponent unless all parties consent
6 or the communication is made for the purpose
of determining whether the question should not
7 be answered on the grounds set forth in
section 221.2 of these rules and, in such
8 event, the reason for the communication shall
be stated for the record succinctly and
9 clearly.
10 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before a Notary
11 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
12
IT IS FURTHER STIPULATED AND AGREED that
13 the examination before trial may be utilized
for all purposes as provided by the CPLR.
14
IT IS FURTHER STIPULATED AND AGREED that
15 all rights provided to all parties by the CPLR
cannot be deemed waived and the appropriate
16 sections of the CPLR shall be controlling with
respect hereto.
17
IT IS FURTHER STIPULATED AND AGREED by
18 and between the attorneys for the respective
parties hereto that a copy of this examination
19 shall be furnished, without charge, to the
attorneys representing the witness testifying
20 herein.
21 xxxxx
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1
2 IT IS FURTHER STIPULATED AND AGREED by
and between counsel for all parties present that
3 Pursuant to CPLR section 3113(d) this deposition is
being conducted by video conference, that the court
4 reporter, all counsel, and the witness are all in
separate remote locations and participating via
5 Videoconferencing (LegalView/Zoom) meeting under the
control of Lexitas Court Reporting Service, that the
6 officer administering the oath to the witness need
not be in the place of the deposition and the
7 witness shall be sworn in remotely by the court
reporter after confirming the witnesses identity,
8 that this video conference will not be recorded in
any manner and that any recording without the
9 express written consent of all parties shall be
considered unauthorized, in violation of law, and
10 shall not be used for any purpose in this litigation
or otherwise.
11
12 IT IS FURTHER STIPULATED that exhibits may be
marked by the attorney presenting the exhibit to the
13 witness, and that a copy of any exhibit, presented
to a witness shall be emailed to or otherwise in
14 possession of all counsel prior to any questioning
of a witness regarding the exhibit in question. All
15 parties shall bear their own costs in the conduct of
this deposition by video conference, notwithstanding
16 the obligation by CPLR to supply a copy of the
transcript to the deposed party by the taking party
17 in civil litigation matters.
18
19 xxxxx
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023
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1 M. Vazquez
2 M A X I M O V A Z Q U E Z ,
3 having been first duly sworn before a Notary
4 Public of the State of New York, was examined
5 and testified as follows:
6 BY REPORTER:
7 Q State your name for the record.
8 A Maximo Vazquez.
9 Q State your address for the record.
10 A 61 Columbia Street, New York, New York
11 10002.
12 EXAMINATION
13 BY MR. NOMBERG:
14 Q Good afternoon. My name is Brett
15 Nomberg, I represent the Itaras in a
16 litigation that has been commenced against
17 Masaryk Towers Corp.
18 If you don't understand any of my
19 questions just let me know and I'll do my
20 best to rephrase it so you do understand it.
21 Okay?
22 A Thank you.
23 Q If you need to take a break, just let
24 us know, but you need to answer a question
25 first, if there's one pending, before we take
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 a break. Okay?
3 A I understand.
4 Q So who do you currently work for, sir?
5 A Masaryk Towers Corporation.
6 Q How long have you worked for them?
7 A This would be my 28th year.
8 Q Have you testified in other cases
9 involving litigation against Masaryk?
10 A Yes, I have.
11 Q How many times approximately?
12 A I would say about five times.
13 Q Not including this one, correct?
14 A Correct.
15 Q When did you start with Masaryk Towers
16 Corporation?
17 A April 23, 1993.
18 Q When you were first hired by Masaryk
19 Towers Corporation, what was your position?
20 A I was hired as a porter.
21 Q Did that position eventually change?
22 A Yes.
23 Q What was your next position with
24 Masaryk Towers Corporation?
25 A I was a handyman.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 Q For how long were you a porter and for
3 how long were you a handyman for Masaryk
4 Towers Corporation?
5 A I was a porter for about three years,
6 and a handyman for about five.
7 Q After your work as a handyman was
8 completed, what was your next position with
9 Masaryk Towers Corporation?
10 A I was working with steam boilers.
11 Q What was your position there?
12 A I was working with the assistant
13 engineer -- I mean with the engineer. I was
14 his assistant.
15 Q Was that also at Masaryk Towers
16 Corporation?
17 A Yes.
18 Q For how many years did you do that
19 for?
20 A I don't remember. Like seven, eight
21 years, I think.
22 Q Did there come a time when that
23 position changed?
24 A Yes. Then I became a super.
25 Superintendent.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 Q When did you become the
3 superintendent?
4 A 2001.
5 Q Was that also for Masaryk Towers
6 Corporation?
7 A Yes.
8 Q When you say a "superintendent," was
9 that superintendent for one of the buildings
10 or all six of the buildings at Masaryk?
11 A All six of the buildings.
12 Q Did you have to interview to get that
13 job as a superintendent?
14 A No.
15 Q How did that position come about?
16 A Because I was there and because of the
17 work and the effort I showed. I was in line
18 for the position.
19 Q Who specifically hired you?
20 A At that time it was Al Barnett.
21 Q Who did Al Barnett work for?
22 A He works for the management company
23 which was, I believe, Marvin Gold Management
24 Company.
25 Q Your paychecks for work currently
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 where do they come from, what company?
3 A Metro Management.
4 Q What is the full name of the company?
5 A Metro Management and Development.
6 Q Are you an employee of Masaryk Towers
7 Corporation?
8 A Yes.
9 Q Are you an employee of Metro
10 Management and Development Corporation?
11 A I work for Masaryk, and Masaryk is
12 managed by Metro Management.
13 Q But let me ask you this: Are you an
14 employee of Metro Management Development
15 Corp.?
16 A Yes.
17 Q So you were an employee of both Metro
18 Management and Development Corp. as well as
19 Masaryk Towers Corporation?
20 A No. I work for Masaryk Towers but
21 Metro is the management agent.
22 Q Right now I'm just trying to find out
23 who your employed with. So regardless of who
24 manages which property, so are you an
25 employee currently of Masaryk Towers
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 Corporation?
3 A Yes.
4 Q Are you currently an employee of Metro
5 Management and Development Corp.?
6 A Yes.
7 Q How long have you been an employee of
8 Metro Management and Development Corp.?
9 A I'd say six years.
10 Q How long have you been an employee of
11 Masaryk Towers Corporation?
12 A Twenty-eight years.
13 Q And over the years have there been
14 different management companies for Masaryk
15 Towers that you worked for?
16 A Yes.
17 Q Is one of them Arco?
18 A Yes.
19 Q Were there three others in total?
20 A Yes.
21 Q What are the names?
22 A The first one, I don't remember. I
23 know it's Marvin Gold and then Arco
24 Wentworth.
25 Q What is the relationship, to your
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 knowledge, between Masaryk Towers Corporation
3 and Metro Management Development Corp.?
4 A Masaryk Towers hired Metro Management
5 to manage the properties.
6 Q When you say to manage the properties,
7 what does that mean?
8 A The day-to-day operations; collecting
9 rent; office work.
10 Q Do you know a gentleman named Mitch
11 Madigison?
12 A Yes.
13 Q What is his position currently?
14 A He's the property manager.
15 Q How does the duties of a property
16 manager differ from a superintendent?
17 A My job is to look over the maintenance
18 of the property. His is more logistics of
19 the property.
20 Q Can you explain what you mean by
21 "logistics"?
22 A Like collecting rent. Speaking if
23 there are any problems with rent payments.
24 Like office work.
25 MR. NOMBERG: Are you all
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 right?
3 MS. STROMBERG: Yes.
4 Q So there are six buildings at Masaryk,
5 correct?
6 A Correct.
7 Q Are they all 21 stories?
8 A Yes.
9 Q And do they all have an exterior
10 rooftop stairway that leads to an elevator
11 control room?
12 A Yes.
13 Q Do you know if anyone in the last 23
14 years has been responsible for maintaining
15 that exterior stairways that lead to the
16 elevator control room for any of those six
17 buildings?
18 A I'm responsible for the maintenance.
19 Q When you say you're responsible, on
20 behalf of Metro Management, on behalf of
21 Masaryk Towers Corp. or both?
22 A Both.
23 Q Are you aware of any outside company
24 that was ever hired in the last 23 years to
25 maintain any of those exterior stairways
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 leading to the elevator control room?
3 A No.
4 Q To your knowledge, is Centennial
5 Elevator the current company that is
6 maintaining the elevators at Masaryk Towers?
7 A No.
8 Q Back on August 13, 2019 was Centennial
9 Elevator the company that was maintaining the
10 elevators at Masaryk Towers?
11 A Yes.
12 Q For how many years before August of
13 2019, to your knowledge, was Centennial
14 taking care of the maintenance and repairs of
15 the elevators at Masaryk Towers
16 approximately?
17 A I really don't recall.
18 Q Would it have been at least more than
19 two years before August 19th?
20 A Yes.
21 Q During all the time that Centennial
22 was maintaining the elevators at Masaryk
23 Towers, to your knowledge, have you ever seen
24 any employee of Centennial doing any repairs
25 or maintenance of any of the exterior
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 stairways at Masaryk Towers?
3 A No.
4 Q Have you ever become aware through
5 somebody else letting you know that they saw
6 somebody whose employed with Centennial
7 Elevators performing any type of maintenance
8 or repairs of the exterior stairways leading
9 to the elevator control room on the roofs?
10 A No.
11 Q Do you have any reason to believe that
12 Centennial has ever performed any maintenance
13 or repairs of the exterior rooftop stairways
14 leading to the elevator control room since
15 you've been working there?
16 A No.
17 Q Are you aware of any contracts, to
18 your knowledge, that has given any right to
19 Centennial Elevators to perform any type of
20 maintenance or repairs of that exterior
21 stairway leading to the elevator control room
22 since you've been there?
23 MS. STROMBERG: Just note my
24 objection to the form.
25 A No.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 Q Have you ever been made aware of
3 anybody from Centennial ever performing any
4 type of safety inspections of the exterior
5 stairways leading to the control room on the
6 rooftops of any of these six buildings?
7 A No.
8 Q How many people do you have currently
9 to manage regarding the maintenance of the
10 six buildings?
11 A 36.
12 Q What are the various positions of
13 those 36 people?
14 A I have handyman; I have assistant
15 supers; I have painters; porters; groundsmen.
16 Q All those different titles you just
17 mentioned, who, if any of those persons,
18 would have had any responsibility for
19 maintaining and repairing those exterior
20 stairs on any of the six buildings leading to
21 the elevator control room, if you know?
22 A None of them.
23 Q Did you yourself have any
24 responsibility, to your knowledge, to
25 maintain the exterior stairways leading to
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 the elevator control room for these six
3 buildings?
4 A Can you repeat that again.
5 Q Sure.
6 Did you yourself have any
7 responsibility to maintain any of these
8 stairways on the rooftop leading to the
9 elevator control room?
10 A Yes.
11 Q Are you the only person or is there
12 anyone else?
13 A I'm the only person.
14 Q What is your highest level of
15 education, sir?
16 A I have a GED, and I did one year of
17 college.
18 Q Did you receive any degree from that
19 college?
20 A No.
21 Q What were you studying in that one
22 year of college?
23 A I was going to major in psychology.
24 Q So were those the courses that you
25 were taking or did you take other courses?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 A No, I took other courses.
3 Q Do you have any type of licenses in
4 New York State?
5 A Yes.
6 Q In what?
7 A I'm a licensed locksmith.
8 Q A licensed what?
9 A Locksmith.
10 Q Is there anything in your background
11 from your training or experience that was
12 taught to you, how to maintain rooftop
13 exterior metal stairways?
14 A I went to school for blueprint reading
15 and drafting, so I have an idea how these
16 things go together.
17 Q You mean how a stairway is put
18 together?
19 A Yes.
20 Q Did any of that blueprint readings
21 have any type of instruction on how to
22 maintain a metal exterior stairway?
23 A No.
24 Q Have you ever had any type of formal
25 or informal instruction by anyone on how to
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 maintain a metal exterior stairway?
3 A No.
4 Q Sitting here now, do you have any
5 understanding as to what needs to be done, if
6 anything, to maintain an exterior metal
7 stairway?
8 A No.
9 Q Are you aware of anyone at Masaryk
10 Towers or Metro Management and Development
11 Corp. who does have any knowledge on how to
12 maintain a metal exterior stairway, if you
13 know?
14 A No.
15 Q Are the exterior stairways at Masaryk
16 Towers, are they all metal, to your
17 knowledge?
18 A Yes.
19 Q Do you know what type of metal?
20 A Steel.
21 Q Do you know whether it's galvanized
22 steel or something else?
23 A I don't believe it's galvanized steel.
24 Q How long have you been working at the
25 Masaryk Towers, since what year?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 A 1993.
3 Q Since 1993 are you aware whether or
4 not any of those exterior metal stairways
5 leading to the elevator control room at the
6 six towers has ever been changed?
7 A No.
8 Q To your knowledge, since 1993 those
9 are the same exterior stairways on the
10 rooftop leading to the control room?
11 A Yes.
12 Q Are there any other stairways on the
13 rooftop other than the one leading to the
14 control room in these six buildings?
15 A No.
16 Q Now, do you keep some kind of a field
17 book with you for your work?
18 A No.
19 Q You don't have a field notebook?
20 A Yes, I do have a field notebook.
21 Q What is the purpose of the field
22 notebook?
23 A Just personal stuff. Drawings.
24 Q Do you have any field notebook
25 relating to your work?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 A No, I just write things that I might
3 need for work.
4 Q Do you keep a maintenance logbook for
5 your work?
6 A Yes.
7 Q What is the purpose of that
8 maintenance logbook?
9 A To keep track of any work that was
10 done.
11 Q Have you used a maintenance logbook
12 since 1993?
13 A Yes.
14 Q These maintenance logbooks, I see
15 you've gone through more than one over the
16 years?
17 A Yes.
18 Q When it fills up, what do you do with
19 the old ones?
20 A I put them away.
21 Q For how long have you been holding on
22 to those books?
23 A Not too long.
24 Q So, for example, do you have the
25 maintenance logbook for this year?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 A Yes.
3 Q Do you have the one from last year?
4 A I believe so.
5 Q Do you have the one from 2019?
6 A I'd have to look.
7 Q Do you have any reason to believe you
8 don't have it?
9 A I might not have it, no.
10 Q Prior to coming here today, were you
11 ever asked to perform any type of search for
12 any records in this case?
13 A No.
14 Q Did you ever review any of my demands
15 where I ask for certain things on behalf of
16 Masaryk Towers Corporation?
17 MS. STROMBERG: Objection to
18 the form. You can answer.
19 A No.
20 Q To your knowledge, has there ever been
21 any repair or maintenance performed on any of
22 the six exterior stairways leading to the
23 elevator control room since you've been
24 working there since 1993?
25 A No.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 M. Vazquez
2 Q Since 1993 have you ever performed any
3 type of inspections of any of these six
4 stairways on the rooftop leading to the
5 elevator control room?
6 A If I'm up there, I will inspect them.
7 Q Do you have any training on inspecting
8 metal exterior stairway?
9 A No.
10 Q Did you ever seek any outside company
11 to come in to inspect the exterior stairways
12 leading to the control room since you've been
13 working there?
14 A No.
15 Q Now, these exterior stairways on the
16 rooftop, they're exposed to the weather,
17 correct?
18 A Correct.
19 Q During the wintertime, do you know
20 whether or not the elevator repairmen would
21 come to work at various times?
22 MS. STROMBERG: Objection to
23 the form.
24 A Can you repeat that.
25 Q Sure.
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2 Did Centennial have employees coming
3 through the wintertime to perform
4 maintenance?
5 A Yes.
6 Q And that occurred as well in 2018 and
7 '19?
8 A Yes.
9 Q Did you have any practice of cleaning
10 off any snow or ice from those exterior
11 stairways since you've been working at
12 Masaryk Towers?
13 A No.
14 Q Are there any hoses on the roof?
15 A Yes.
16 Q To your knowledge, have you ever hosed
17 down any of those six stairways since you've
18 been working at Masaryk Towers?
19 A No.
20 Q When is the first time you became
21 aware of the plaintiff's accident?
22 A I believe it was the same day.
23 Q Did you then at some point that same
24 day go to the rooftop of 65 Columbia Street?
25 A No, it happened in the afternoon. I
DEITZ Court Reporting... A Lexitas Company
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2 was actually called when it happened. I was
3 on my way home.
4 Q When was the first time after you
5 learned about the plaintiff's accident that
6 you went to the rooftop of 65 Columbia
7 Street?
8 A The next day.
9 Q Did you go there by yourself or did
10 you have anyone with you?
11 A I don't remember.
12 Q When you went to the rooftop what was
13 the purpose?
14 A To see what happened.
15 Q What were you told on the phone of
16 what happened?
17 A I was told that the elevator mechanic
18 had fallen down the stairs, I believe. Not
19 through the stairs.
20 Q When you went to the rooftop, what did
21 you see?
22 A I saw one of the stairs rung on the
23 floor.
24 Q Do you remember which one it was?
25 A No.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023
Preview
FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Index #: 152948/2020 Motion Seq. #: 006 Exhibit L Examination Before Trial of Maximo Vazquez FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 1 September 28, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------x JOSEPH ITARA and TABETHA ITARA, Plaintiffs, -against- MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, Defendant. ---------------------------------------- x MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, Third-Party Plaintiff, -against- Index No. 595639/2021 CENTENNIAL ELEVATOR INDUSTRIES, INC., Third-Party Defendant. ---------------------------------------------- x EXAMINATION BEFORE TRIAL of the Defendant, MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, by MAXIMO VAZQUEZ, taken by the Plaintiff, pursuant to Order, held remotely via Zoom/LegalView Videoconferencing, on September 28, 2021, at 12:07 p.m., before a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 2 September 28, 2021 1 2 A P P E A R A N C E S: 3 BRAND BRAND NOMBERG & ROSENBAUM, LLP 4 Attorneys for Plaintiffs 5 622 3rd Avenue, 7th Floor 6 New York, New York 10017 7 BY: BRETT J. NOMBERG, ESQ. 8 9 10 MILBER, MAKRIS PLOUSADIS & SEIDEN, LLP 11 Attorneys for Defendant/ 12 Third-Party Plaintiff MASARYK TOWERS 13 CORPORATION i/s/h/a MASARYK TOWERS 14 CORPORATION d/b/a MASARYK TOWERS 15 MANAGEMENT 16 1000 Woodbury Road, Suite 402 17 Woodbury, New York 11797 18 BY: SUSAN J. STROMBERG, ESQ. 19 20 BABCHIK & YOUNG, LLP 21 Attorneys for Third-Party Defendant 22 CENTENNIAL ELEVATOR INDUSTRIES INC. 23 245 Main Street, Suite 330 24 White Plains, New York 10601 25 BY: SASHA ROBINS, ESQ. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 3 September 28, 2021 1 2 221. UNIFORM RULES FOR THE 3 CONDUCT OF DEPOSITIONS 4 221.1 Objections at Depositions (a) Objections in general. No objections 5 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 6 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 7 except in compliance with subdivision (e) of such rule. All objections made at a 8 deposition shall be noted by the officer before whom the deposition is taken, and the 9 answer shall be given and the deposition shall proceed subject to the objections and to the 10 right of a person to apply for appropriate relief pursuant to Article 31 of the CPLR. 11 (b) Speaking objections restricted. Every objection raised during a deposition shall be 12 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 13 request of the questioning attorney, shall include a clear statement as to any defect in 14 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 15 3115 or by this rule, during the course of the examination, persons in attendance shall not 16 make statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions at 18 a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to 19 enforce a limitation set forth in an order of the court, or (iii) when the question is 20 plainly improper and would, if answered, cause significant prejudice to any person. An 21 attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or 22 this subdivision. Any refusal to answer or direction not to answer shall be accompanied 23 by a succinct and clear statement of the basis therefor. If the deponent does not answer a 24 question, the examining party shall have the right to complete the remainder of the deposition. 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 4 September 28, 2021 1 2 221. UNIFORM RULES FOR THE 3 CONDUCT OF DEPOSITIONS 4 221.3 Communication with the deponent. An attorney shall not interrupt the 5 deposition for the purpose of communicating with the deponent unless all parties consent 6 or the communication is made for the purpose of determining whether the question should not 7 be answered on the grounds set forth in section 221.2 of these rules and, in such 8 event, the reason for the communication shall be stated for the record succinctly and 9 clearly. 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before a Notary 11 Public with the same force and effect as if signed before a clerk or a Judge of the court. 12 IT IS FURTHER STIPULATED AND AGREED that 13 the examination before trial may be utilized for all purposes as provided by the CPLR. 14 IT IS FURTHER STIPULATED AND AGREED that 15 all rights provided to all parties by the CPLR cannot be deemed waived and the appropriate 16 sections of the CPLR shall be controlling with respect hereto. 17 IT IS FURTHER STIPULATED AND AGREED by 18 and between the attorneys for the respective parties hereto that a copy of this examination 19 shall be furnished, without charge, to the attorneys representing the witness testifying 20 herein. 21 xxxxx 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 5 September 28, 2021 1 2 IT IS FURTHER STIPULATED AND AGREED by and between counsel for all parties present that 3 Pursuant to CPLR section 3113(d) this deposition is being conducted by video conference, that the court 4 reporter, all counsel, and the witness are all in separate remote locations and participating via 5 Videoconferencing (LegalView/Zoom) meeting under the control of Lexitas Court Reporting Service, that the 6 officer administering the oath to the witness need not be in the place of the deposition and the 7 witness shall be sworn in remotely by the court reporter after confirming the witnesses identity, 8 that this video conference will not be recorded in any manner and that any recording without the 9 express written consent of all parties shall be considered unauthorized, in violation of law, and 10 shall not be used for any purpose in this litigation or otherwise. 11 12 IT IS FURTHER STIPULATED that exhibits may be marked by the attorney presenting the exhibit to the 13 witness, and that a copy of any exhibit, presented to a witness shall be emailed to or otherwise in 14 possession of all counsel prior to any questioning of a witness regarding the exhibit in question. All 15 parties shall bear their own costs in the conduct of this deposition by video conference, notwithstanding 16 the obligation by CPLR to supply a copy of the transcript to the deposed party by the taking party 17 in civil litigation matters. 18 19 xxxxx 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 6 September 28, 2021 1 M. Vazquez 2 M A X I M O V A Z Q U E Z , 3 having been first duly sworn before a Notary 4 Public of the State of New York, was examined 5 and testified as follows: 6 BY REPORTER: 7 Q State your name for the record. 8 A Maximo Vazquez. 9 Q State your address for the record. 10 A 61 Columbia Street, New York, New York 11 10002. 12 EXAMINATION 13 BY MR. NOMBERG: 14 Q Good afternoon. My name is Brett 15 Nomberg, I represent the Itaras in a 16 litigation that has been commenced against 17 Masaryk Towers Corp. 18 If you don't understand any of my 19 questions just let me know and I'll do my 20 best to rephrase it so you do understand it. 21 Okay? 22 A Thank you. 23 Q If you need to take a break, just let 24 us know, but you need to answer a question 25 first, if there's one pending, before we take DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 7 September 28, 2021 1 M. Vazquez 2 a break. Okay? 3 A I understand. 4 Q So who do you currently work for, sir? 5 A Masaryk Towers Corporation. 6 Q How long have you worked for them? 7 A This would be my 28th year. 8 Q Have you testified in other cases 9 involving litigation against Masaryk? 10 A Yes, I have. 11 Q How many times approximately? 12 A I would say about five times. 13 Q Not including this one, correct? 14 A Correct. 15 Q When did you start with Masaryk Towers 16 Corporation? 17 A April 23, 1993. 18 Q When you were first hired by Masaryk 19 Towers Corporation, what was your position? 20 A I was hired as a porter. 21 Q Did that position eventually change? 22 A Yes. 23 Q What was your next position with 24 Masaryk Towers Corporation? 25 A I was a handyman. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 8 September 28, 2021 1 M. Vazquez 2 Q For how long were you a porter and for 3 how long were you a handyman for Masaryk 4 Towers Corporation? 5 A I was a porter for about three years, 6 and a handyman for about five. 7 Q After your work as a handyman was 8 completed, what was your next position with 9 Masaryk Towers Corporation? 10 A I was working with steam boilers. 11 Q What was your position there? 12 A I was working with the assistant 13 engineer -- I mean with the engineer. I was 14 his assistant. 15 Q Was that also at Masaryk Towers 16 Corporation? 17 A Yes. 18 Q For how many years did you do that 19 for? 20 A I don't remember. Like seven, eight 21 years, I think. 22 Q Did there come a time when that 23 position changed? 24 A Yes. Then I became a super. 25 Superintendent. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 9 September 28, 2021 1 M. Vazquez 2 Q When did you become the 3 superintendent? 4 A 2001. 5 Q Was that also for Masaryk Towers 6 Corporation? 7 A Yes. 8 Q When you say a "superintendent," was 9 that superintendent for one of the buildings 10 or all six of the buildings at Masaryk? 11 A All six of the buildings. 12 Q Did you have to interview to get that 13 job as a superintendent? 14 A No. 15 Q How did that position come about? 16 A Because I was there and because of the 17 work and the effort I showed. I was in line 18 for the position. 19 Q Who specifically hired you? 20 A At that time it was Al Barnett. 21 Q Who did Al Barnett work for? 22 A He works for the management company 23 which was, I believe, Marvin Gold Management 24 Company. 25 Q Your paychecks for work currently DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 10 September 28, 2021 1 M. Vazquez 2 where do they come from, what company? 3 A Metro Management. 4 Q What is the full name of the company? 5 A Metro Management and Development. 6 Q Are you an employee of Masaryk Towers 7 Corporation? 8 A Yes. 9 Q Are you an employee of Metro 10 Management and Development Corporation? 11 A I work for Masaryk, and Masaryk is 12 managed by Metro Management. 13 Q But let me ask you this: Are you an 14 employee of Metro Management Development 15 Corp.? 16 A Yes. 17 Q So you were an employee of both Metro 18 Management and Development Corp. as well as 19 Masaryk Towers Corporation? 20 A No. I work for Masaryk Towers but 21 Metro is the management agent. 22 Q Right now I'm just trying to find out 23 who your employed with. So regardless of who 24 manages which property, so are you an 25 employee currently of Masaryk Towers DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 11 September 28, 2021 1 M. Vazquez 2 Corporation? 3 A Yes. 4 Q Are you currently an employee of Metro 5 Management and Development Corp.? 6 A Yes. 7 Q How long have you been an employee of 8 Metro Management and Development Corp.? 9 A I'd say six years. 10 Q How long have you been an employee of 11 Masaryk Towers Corporation? 12 A Twenty-eight years. 13 Q And over the years have there been 14 different management companies for Masaryk 15 Towers that you worked for? 16 A Yes. 17 Q Is one of them Arco? 18 A Yes. 19 Q Were there three others in total? 20 A Yes. 21 Q What are the names? 22 A The first one, I don't remember. I 23 know it's Marvin Gold and then Arco 24 Wentworth. 25 Q What is the relationship, to your DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 12 September 28, 2021 1 M. Vazquez 2 knowledge, between Masaryk Towers Corporation 3 and Metro Management Development Corp.? 4 A Masaryk Towers hired Metro Management 5 to manage the properties. 6 Q When you say to manage the properties, 7 what does that mean? 8 A The day-to-day operations; collecting 9 rent; office work. 10 Q Do you know a gentleman named Mitch 11 Madigison? 12 A Yes. 13 Q What is his position currently? 14 A He's the property manager. 15 Q How does the duties of a property 16 manager differ from a superintendent? 17 A My job is to look over the maintenance 18 of the property. His is more logistics of 19 the property. 20 Q Can you explain what you mean by 21 "logistics"? 22 A Like collecting rent. Speaking if 23 there are any problems with rent payments. 24 Like office work. 25 MR. NOMBERG: Are you all DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 13 September 28, 2021 1 M. Vazquez 2 right? 3 MS. STROMBERG: Yes. 4 Q So there are six buildings at Masaryk, 5 correct? 6 A Correct. 7 Q Are they all 21 stories? 8 A Yes. 9 Q And do they all have an exterior 10 rooftop stairway that leads to an elevator 11 control room? 12 A Yes. 13 Q Do you know if anyone in the last 23 14 years has been responsible for maintaining 15 that exterior stairways that lead to the 16 elevator control room for any of those six 17 buildings? 18 A I'm responsible for the maintenance. 19 Q When you say you're responsible, on 20 behalf of Metro Management, on behalf of 21 Masaryk Towers Corp. or both? 22 A Both. 23 Q Are you aware of any outside company 24 that was ever hired in the last 23 years to 25 maintain any of those exterior stairways DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 14 September 28, 2021 1 M. Vazquez 2 leading to the elevator control room? 3 A No. 4 Q To your knowledge, is Centennial 5 Elevator the current company that is 6 maintaining the elevators at Masaryk Towers? 7 A No. 8 Q Back on August 13, 2019 was Centennial 9 Elevator the company that was maintaining the 10 elevators at Masaryk Towers? 11 A Yes. 12 Q For how many years before August of 13 2019, to your knowledge, was Centennial 14 taking care of the maintenance and repairs of 15 the elevators at Masaryk Towers 16 approximately? 17 A I really don't recall. 18 Q Would it have been at least more than 19 two years before August 19th? 20 A Yes. 21 Q During all the time that Centennial 22 was maintaining the elevators at Masaryk 23 Towers, to your knowledge, have you ever seen 24 any employee of Centennial doing any repairs 25 or maintenance of any of the exterior DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 15 September 28, 2021 1 M. Vazquez 2 stairways at Masaryk Towers? 3 A No. 4 Q Have you ever become aware through 5 somebody else letting you know that they saw 6 somebody whose employed with Centennial 7 Elevators performing any type of maintenance 8 or repairs of the exterior stairways leading 9 to the elevator control room on the roofs? 10 A No. 11 Q Do you have any reason to believe that 12 Centennial has ever performed any maintenance 13 or repairs of the exterior rooftop stairways 14 leading to the elevator control room since 15 you've been working there? 16 A No. 17 Q Are you aware of any contracts, to 18 your knowledge, that has given any right to 19 Centennial Elevators to perform any type of 20 maintenance or repairs of that exterior 21 stairway leading to the elevator control room 22 since you've been there? 23 MS. STROMBERG: Just note my 24 objection to the form. 25 A No. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 16 September 28, 2021 1 M. Vazquez 2 Q Have you ever been made aware of 3 anybody from Centennial ever performing any 4 type of safety inspections of the exterior 5 stairways leading to the control room on the 6 rooftops of any of these six buildings? 7 A No. 8 Q How many people do you have currently 9 to manage regarding the maintenance of the 10 six buildings? 11 A 36. 12 Q What are the various positions of 13 those 36 people? 14 A I have handyman; I have assistant 15 supers; I have painters; porters; groundsmen. 16 Q All those different titles you just 17 mentioned, who, if any of those persons, 18 would have had any responsibility for 19 maintaining and repairing those exterior 20 stairs on any of the six buildings leading to 21 the elevator control room, if you know? 22 A None of them. 23 Q Did you yourself have any 24 responsibility, to your knowledge, to 25 maintain the exterior stairways leading to DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 17 September 28, 2021 1 M. Vazquez 2 the elevator control room for these six 3 buildings? 4 A Can you repeat that again. 5 Q Sure. 6 Did you yourself have any 7 responsibility to maintain any of these 8 stairways on the rooftop leading to the 9 elevator control room? 10 A Yes. 11 Q Are you the only person or is there 12 anyone else? 13 A I'm the only person. 14 Q What is your highest level of 15 education, sir? 16 A I have a GED, and I did one year of 17 college. 18 Q Did you receive any degree from that 19 college? 20 A No. 21 Q What were you studying in that one 22 year of college? 23 A I was going to major in psychology. 24 Q So were those the courses that you 25 were taking or did you take other courses? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 18 September 28, 2021 1 M. Vazquez 2 A No, I took other courses. 3 Q Do you have any type of licenses in 4 New York State? 5 A Yes. 6 Q In what? 7 A I'm a licensed locksmith. 8 Q A licensed what? 9 A Locksmith. 10 Q Is there anything in your background 11 from your training or experience that was 12 taught to you, how to maintain rooftop 13 exterior metal stairways? 14 A I went to school for blueprint reading 15 and drafting, so I have an idea how these 16 things go together. 17 Q You mean how a stairway is put 18 together? 19 A Yes. 20 Q Did any of that blueprint readings 21 have any type of instruction on how to 22 maintain a metal exterior stairway? 23 A No. 24 Q Have you ever had any type of formal 25 or informal instruction by anyone on how to DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 19 September 28, 2021 1 M. Vazquez 2 maintain a metal exterior stairway? 3 A No. 4 Q Sitting here now, do you have any 5 understanding as to what needs to be done, if 6 anything, to maintain an exterior metal 7 stairway? 8 A No. 9 Q Are you aware of anyone at Masaryk 10 Towers or Metro Management and Development 11 Corp. who does have any knowledge on how to 12 maintain a metal exterior stairway, if you 13 know? 14 A No. 15 Q Are the exterior stairways at Masaryk 16 Towers, are they all metal, to your 17 knowledge? 18 A Yes. 19 Q Do you know what type of metal? 20 A Steel. 21 Q Do you know whether it's galvanized 22 steel or something else? 23 A I don't believe it's galvanized steel. 24 Q How long have you been working at the 25 Masaryk Towers, since what year? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 20 September 28, 2021 1 M. Vazquez 2 A 1993. 3 Q Since 1993 are you aware whether or 4 not any of those exterior metal stairways 5 leading to the elevator control room at the 6 six towers has ever been changed? 7 A No. 8 Q To your knowledge, since 1993 those 9 are the same exterior stairways on the 10 rooftop leading to the control room? 11 A Yes. 12 Q Are there any other stairways on the 13 rooftop other than the one leading to the 14 control room in these six buildings? 15 A No. 16 Q Now, do you keep some kind of a field 17 book with you for your work? 18 A No. 19 Q You don't have a field notebook? 20 A Yes, I do have a field notebook. 21 Q What is the purpose of the field 22 notebook? 23 A Just personal stuff. Drawings. 24 Q Do you have any field notebook 25 relating to your work? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 21 September 28, 2021 1 M. Vazquez 2 A No, I just write things that I might 3 need for work. 4 Q Do you keep a maintenance logbook for 5 your work? 6 A Yes. 7 Q What is the purpose of that 8 maintenance logbook? 9 A To keep track of any work that was 10 done. 11 Q Have you used a maintenance logbook 12 since 1993? 13 A Yes. 14 Q These maintenance logbooks, I see 15 you've gone through more than one over the 16 years? 17 A Yes. 18 Q When it fills up, what do you do with 19 the old ones? 20 A I put them away. 21 Q For how long have you been holding on 22 to those books? 23 A Not too long. 24 Q So, for example, do you have the 25 maintenance logbook for this year? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 22 September 28, 2021 1 M. Vazquez 2 A Yes. 3 Q Do you have the one from last year? 4 A I believe so. 5 Q Do you have the one from 2019? 6 A I'd have to look. 7 Q Do you have any reason to believe you 8 don't have it? 9 A I might not have it, no. 10 Q Prior to coming here today, were you 11 ever asked to perform any type of search for 12 any records in this case? 13 A No. 14 Q Did you ever review any of my demands 15 where I ask for certain things on behalf of 16 Masaryk Towers Corporation? 17 MS. STROMBERG: Objection to 18 the form. You can answer. 19 A No. 20 Q To your knowledge, has there ever been 21 any repair or maintenance performed on any of 22 the six exterior stairways leading to the 23 elevator control room since you've been 24 working there since 1993? 25 A No. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 23 September 28, 2021 1 M. Vazquez 2 Q Since 1993 have you ever performed any 3 type of inspections of any of these six 4 stairways on the rooftop leading to the 5 elevator control room? 6 A If I'm up there, I will inspect them. 7 Q Do you have any training on inspecting 8 metal exterior stairway? 9 A No. 10 Q Did you ever seek any outside company 11 to come in to inspect the exterior stairways 12 leading to the control room since you've been 13 working there? 14 A No. 15 Q Now, these exterior stairways on the 16 rooftop, they're exposed to the weather, 17 correct? 18 A Correct. 19 Q During the wintertime, do you know 20 whether or not the elevator repairmen would 21 come to work at various times? 22 MS. STROMBERG: Objection to 23 the form. 24 A Can you repeat that. 25 Q Sure. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 24 September 28, 2021 1 M. Vazquez 2 Did Centennial have employees coming 3 through the wintertime to perform 4 maintenance? 5 A Yes. 6 Q And that occurred as well in 2018 and 7 '19? 8 A Yes. 9 Q Did you have any practice of cleaning 10 off any snow or ice from those exterior 11 stairways since you've been working at 12 Masaryk Towers? 13 A No. 14 Q Are there any hoses on the roof? 15 A Yes. 16 Q To your knowledge, have you ever hosed 17 down any of those six stairways since you've 18 been working at Masaryk Towers? 19 A No. 20 Q When is the first time you became 21 aware of the plaintiff's accident? 22 A I believe it was the same day. 23 Q Did you then at some point that same 24 day go to the rooftop of 65 Columbia Street? 25 A No, it happened in the afternoon. I DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023 Page 25 September 28, 2021 1 M. Vazquez 2 was actually called when it happened. I was 3 on my way home. 4 Q When was the first time after you 5 learned about the plaintiff's accident that 6 you went to the rooftop of 65 Columbia 7 Street? 8 A The next day. 9 Q Did you go there by yourself or did 10 you have anyone with you? 11 A I don't remember. 12 Q When you went to the rooftop what was 13 the purpose? 14 A To see what happened. 15 Q What were you told on the phone of 16 what happened? 17 A I was told that the elevator mechanic 18 had fallen down the stairs, I believe. Not 19 through the stairs. 20 Q When you went to the rooftop, what did 21 you see? 22 A I saw one of the stairs rung on the 23 floor. 24 Q Do you remember which one it was? 25 A No. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 06/02/2023 03:55 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 06/02/2023