Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
"F"
EXHIBIT
"F"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___--------------------------------------------------X
JOSEPH ITARA and TABETHA ITARA, Index No.: 152948/2020
Plaintiffs,
DEMAND FOR
-against - EXECUTION
PURSUANT TO
MASARYK TOWERS CORPORATION d/b/a CPLR §3116(a)
MASARYK TOWERS MANAGEMENT,
Defendant.
------------------------------------------------------X
MASARYK TOWERS CORPORATION i/s/h/a MASARYK
TOWERS CORPORATION d/b/a MASARYK TOWERS
MANAGEMENT, Third-Party Index No.
595639/2021
Third-Party Plaintiff,
- against -
CENTENNIAL ELEVATOR INDUSTRIES, INC.,
Third-Party Defendant.
-------------______ ___-----------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to CPLR Rule 3116 governing the exchange,
execution and/or signing of deposition transcripts, the demand is hereby made upon Plaintiffs
JOSEPH ITARA and TABETHA ITARA, that the transcript from the deposition of Plaintiff
JOSEPH ITARA, dated September 21, 2021, be read by or to the deponent, and that the deponent
sign the transcript where indicated, before an officer authorized to administer an oath, and return
same to the undersigned.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 3116(a) and the
(2d
controlling cases of Columbia v. Lee, 239 App. Div. 849, 264 N.Y.S. 423 Dept., 1933) and
1
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
(1st
Skeany v. Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 Dept., 1960), a witness
may not in any way delete, erase or obliterate the answers as transcribed. Before the witness signs
and subscribes his or her testimony, he or she may add to the end of the deposition on a sheet
provided for that purpose, any changes in the form or substance of said transcript along with a
statement of the reasons for making such changes. After adding such a statement, he or she may
sign and subscribe his or her testimony in the transcript and on the correction page.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 3116(a), if we do not
receive the duly executed signature page and errata sheet with any corrections or changes within
sixty (60) days, we shall deem the copy to be an original for all purposes provided by the CPLR
and may use same as though signed. No changes to the transcript may be made by the witness
more than sixty (60) days after submission to the witness for review and examination.
Dated: Woodbury, New York
October 8, 2021
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Su J. Stromber
MILBER S P ADIS & SEIDEN, LLP
Attorneys for Defe dan
MASARYK TO CORPORATION i/s/h/a
MASARYK TOWERS CORPORATION d /a
MASARYK TOWERS MANAGEMENT,
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
(516) 712-4000
File No.: 667-19159
SStromberg@milbermakris.com
2
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
TO: Brett J. Nomberg, Esq.
BRAND NOMBERG &
ROSENBAUM, LLP
Attorney for Plaintiffs
JOSEPH ITARA and TABETHA ITARA
3RD 7TH
622 Avenue, Floor
New York, New York 10017
(212) 808-0448
bnomberg@bbnrlaw.com
Alexandra [Sasha] L. Robins, Esq.
KAUFMAN DOLOWICH VOLUCK LLP
Attorneys for Third-Party Defendant
CENTENNIAL ELEVATOR INDUSTRIES, INC.
245 Main Street, Suite 330
White Plains, New York 10601
(914) 470-0001 x 31
sasha.robins@kdylaw.com
3
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, ANNE AMATULLI, being sworn, say, I am not a party to this action, am over 18 years
of age, and reside in Nassau County, New York.
8th
On the day of October, 2021, I served a true copy of the within DEMAND FOR
EXECUTION PURSUANT TO CPLR § 3116(A), DEPOSITION TRANSCRIPT AND
DEPOSITION EXHIBITS upon:
Brett J. Nomberg, Esq.
BRAND NOMBERG &
ROSENBAUM, LLP
Attorney for Plaintiffs
JOSEPH ITARA and TABETHA ITARA
P. O. Box 148
1764 Route 9
Halfmoon, NY 12065-9998
bnomberg@bbnrlaw.com
Alexandra [Sasha] L. Robins, Esq.
KAUFMAN DOLOWICH VOLUCK LLP
Attorneys for Third-Party Defendant
CENTENNIAL ELEVATOR INDUSTRIES, INC.
245 Main Street, Suite 330
White Plains, New York 10601
(914) 470-0001 x 3I
sasha.robins@kdylaw.com
the attorney(s) for the respective parties in this action, at the above address(es) designated by said
attorney(s) for that purpose by depositing same enclosed in a postpaid, properly addressed
wrapper, in an official depository under the exclusive care and custody of the United States Post
Office within the State of New York and via email.
JL-
ANNE AMATULLÍ
Sw rn to before this
8t
of O to r 021.
ARY P LIC O
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
.----.__.-------------------....._______Ç
JOSEPH ITARA and TABETHA ITARA, Index No. 152948/2020
Plaintiffs,
-against -
MASARYK TOWERS CORPORATION d /a
MASARYK TOWERS MANAGEMENT,
Defendant.
---------....----..-------------.._.....___..----------Ç
MASARYK TOWERS CORPORATION i/s/h/a
MASARYK CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT, Third-Party Index No.
595639/2021
Third-Party Plaintiff,
-against -
CENTENNIAL ELEVATOR INDUSTRIES, INC.,
Defendant.
.. . . .
DEMAND PURSUANT TO CPLR §3116(a)
MILBER
l\(AKRIS PLOUSADIS & SEIDEN, LLP
ATTORNEYS AT LAW
Attorneys for Defendant,/Third-Party Plaintiff, MASARYK TOWERS CORPORATION i/s/h/a
MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT
Office and Post Office Address, Telephone
1000 Woodbury Road, Suite 402
Woodbury, NY 11797
(516) 712-4000
MMPS File No.: 532-19159
To Sign-ature (Rule 130-1.1-a)
.................................................................
Print name beneath
Attorney(s) for
. . . ..
Dated, Yours, etc.
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
ATTORNEYS AT LAW
Attorneys for Defendant
To 1000 Woodbury Road, Suite 402
Woodbury, New York 11797
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 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,
Defendants.
------------------------------------------------x
MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS
CORPORATION d/b/a MASARYK TOWERS CORPORATION,
Third-Party Plaintiff,
-against-
CENTENNIAL ELEVATOR INDUSTRIES, INC.,
Third-Party Defendant.
-------------------------------------------------x
Remote
September 21, 2021
æ
10:00 A.M.
Deposition of JOSEPH ITARA, held remotely, pursuant
to Order, taken before a Court Reporter of the
State of New York.
U.S. Legal Support | www.uslegalsupport.com
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 APPEARANCES:
2
° æ ° æ æ æ °
3 OBRAND BRAND NOMBERG & ROSENBAUM, LLP
Attorneys for Plaintiffs.
4 622 3rd Avenue - 7th Floor
New York, New York 10017
5
°
BY: BRETT NOMBERG, ESQ.
6
7 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for Defendants, Masaryk
8 Towers Management I/s/h/a Masaryk
Towers Corporation d/b/a Masaryk Towers
9 Management.
1000 Road - Suite 402
Woodbury
10 Woodbury, New York 11797
11
æ
BY: SUSAN J. STROMBERG ESQ.
12
13 BABCHIK & YOUNG, LLP
Attorneys for Third-Party Defendant,
14 Centennial Elevator Industries, Inc.
245 Main Street - Suite 880
15 White Plains, New York 10601
16 BY: ALEXANDRA ROBINS, ESQ.
17
°
18 æALSO PRESENT:
19
20
21
22
23
24
25
U.S. Legal Support | www.uslegalsupport.com 2
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 STIPULATIONS
2 IT IS HEREBY STIPULATED AND AGREED
3 zy and between(among) counsel for the respective
4 parties hereto, that all rights provided by the
5 C.P.L.R., including the right to object to any
6 question, except as to form, or to move to strike
7 any testimony at this(these) examination(s), are
8 reserved, and, in addition, the failure to object
9 to any question or to move to strike any testimony
10 at this(these) examination(s) shall not be a bar or
11 waiver to make such motion at, and is reserved for
12 the trial of this action;
13 IT IS FURTHER STIPULATED AND AGREED
14 ]zy and between(among) counsel for the respective
15 parties hereto, that this(these) examination(s) may
16 be sworn to by the witness(es) being examined,
17 before a Notary Public other than the Notary Public
18 before whom this(these) examination(s) was(were)
19 begun; but the failure to do so, or to return the
20 original of this(these) examination(s) to counsel,
21 shall not be deemed a waiver of the rights provided
22 ]zy Rules 3116 and 3117 of the C.P.L.R., and shall
23 be controlled thereby;
24 IT IS FURTHER STIPULATED AND AGREED
25 17y and between(among) counsel for the respective
U.S. Legal Support | www.uslegalsupport.com 3
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 parties hereto, that this(these) examination(s) may
2 be utilized for all purposes as provided by the
3 C.P.L.R.;
4 IT IS FURTHER STIPULATED AND AGREED
5 by and between(among) counsel for the respective
6 parties hereto, that the filing and certification
7 of the original of this(these) examination(s) shall
8 be and the same hereby are waived;
9 IT IS FURTHER STIPULATED AND AGREED
10 by and between(among) counsel for the respective
11 parties hereto, that a copy of the within
12 examination(s) shall be furnished to counsel
13 representing the witness(es) testifying, without
14 charge.
15
16
17 * * *
18
19
20
21
22
23
24
25
U.S. Legal Support | www.uslegalsupport.com 4
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 JOSEPH ITARA, the Plaintiff, has been duly sworn in
2 and testified as follows:
3 EXAMINATION BY
4 MS. STROMBERG:
5 Q Would you please state your name for
6 the record.
7 Joseph Itara.
8 What is your present home address.
9 520 West 56th Street, New York, New
10 York, 10019, apartment 8D, like David.
11 MS. STROMBERG: Good morning,
æ
12 Mr. Itara. My name is Susan Stromberg
13 and I represent Masaryk Towers
14 Corporation in this lawsuit. I am going
15 to be asking you a lot of questions
æ
16 today. If at any point you need to take
17 a break, please let me know. I would
18 ask that all of your responses be
19 verbal, meaning that you speak them and
20 not nod your head or shake your head or
21 gesture or anything like that.
22 THE WITNESS: I understand.
23 Have you ever been deposed before?
æ
24 I am sorry. Say that again.
25 Have you ever been deposed before?
U.S. Legal Support | www.uslegalsupport.com 5
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 A No. Never.
2 MS. STROMBERG: So this will be
3 new. This is not the easiest, but if at
4 anytime you need to take a break let us
5 know. We will be showing you
6 photographs and documents, that we will
7 make available on the computer screen.
8 I will also be showing you some videos.
9 Hopefully we will get this down without
10 a problem.
11 Mr. Itara, one of the instructions
12 today is that you need to wait until I
13 finish my question before you start
14 answering. It's difficult enough in
15 using a video that we are not talking
æ
16 over each other. The court reporter
17 will not be able to get everything down,
18 so it's very important that she hear
19 everything and writes everything down.
20 THE WITNESS: I understand.
21 Q If you need to take a break just let us
22 know.
23 I see that you are wearing a shoulder
24 brace is that correct?
25 A Yes, I still wear the sling, yes.
U.S. Legal Support | www.uslegalsupport.com 6
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 Are you taking, did you take any
2 medication today?
3 Just my blood pressure.
4 Are you taking any medication for
5 --
any
6 Yes, I am.
7 Q What are you taking?
æ
8 Oxycodone, it's 5 milligrams. I have
9 not taken it yet this morning.
10 Q Anything else?
11 Medication wise, yeah. I take
12 Metformin for my diabetes, Losartan for the high
13 blood pressure.
14 Q Have you taken Losartan today?
15 Losartan, yes.
16 Have you ever been known by any other
17 name.
18 I'm sorry. Say that again.
19 Have you ever been know by a nickname,
20 something like that?
21 Everyone calls me Joe.
22 Joseph is your legal° name?
Q
23 Joseph is my legal name, yes.
24 How long have you lived at 520 West
25 56th Street in Manhattan?
U.S. Legal Support | www.uslegalsupport.com 7
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022
September 21, 2021
1 A It's now going on 10 years.
2 Q Who do you live there with?
3 My wife and my mom.
4 What's your
Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 "F" EXHIBIT "F" EXHIBIT FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___--------------------------------------------------X JOSEPH ITARA and TABETHA ITARA, Index No.: 152948/2020 Plaintiffs, DEMAND FOR -against - EXECUTION PURSUANT TO MASARYK TOWERS CORPORATION d/b/a CPLR §3116(a) MASARYK TOWERS MANAGEMENT, Defendant. ------------------------------------------------------X MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, Third-Party Index No. 595639/2021 Third-Party Plaintiff, - against - CENTENNIAL ELEVATOR INDUSTRIES, INC., Third-Party Defendant. -------------______ ___-----------------------------------X COUNSELORS: PLEASE TAKE NOTICE that, pursuant to CPLR Rule 3116 governing the exchange, execution and/or signing of deposition transcripts, the demand is hereby made upon Plaintiffs JOSEPH ITARA and TABETHA ITARA, that the transcript from the deposition of Plaintiff JOSEPH ITARA, dated September 21, 2021, be read by or to the deponent, and that the deponent sign the transcript where indicated, before an officer authorized to administer an oath, and return same to the undersigned. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 3116(a) and the (2d controlling cases of Columbia v. Lee, 239 App. Div. 849, 264 N.Y.S. 423 Dept., 1933) and 1 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 (1st Skeany v. Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 Dept., 1960), a witness may not in any way delete, erase or obliterate the answers as transcribed. Before the witness signs and subscribes his or her testimony, he or she may add to the end of the deposition on a sheet provided for that purpose, any changes in the form or substance of said transcript along with a statement of the reasons for making such changes. After adding such a statement, he or she may sign and subscribe his or her testimony in the transcript and on the correction page. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 3116(a), if we do not receive the duly executed signature page and errata sheet with any corrections or changes within sixty (60) days, we shall deem the copy to be an original for all purposes provided by the CPLR and may use same as though signed. No changes to the transcript may be made by the witness more than sixty (60) days after submission to the witness for review and examination. Dated: Woodbury, New York October 8, 2021 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Su J. Stromber MILBER S P ADIS & SEIDEN, LLP Attorneys for Defe dan MASARYK TO CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d /a MASARYK TOWERS MANAGEMENT, 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 (516) 712-4000 File No.: 667-19159 SStromberg@milbermakris.com 2 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 TO: Brett J. Nomberg, Esq. BRAND NOMBERG & ROSENBAUM, LLP Attorney for Plaintiffs JOSEPH ITARA and TABETHA ITARA 3RD 7TH 622 Avenue, Floor New York, New York 10017 (212) 808-0448 bnomberg@bbnrlaw.com Alexandra [Sasha] L. Robins, Esq. KAUFMAN DOLOWICH VOLUCK LLP Attorneys for Third-Party Defendant CENTENNIAL ELEVATOR INDUSTRIES, INC. 245 Main Street, Suite 330 White Plains, New York 10601 (914) 470-0001 x 31 sasha.robins@kdylaw.com 3 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, ANNE AMATULLI, being sworn, say, I am not a party to this action, am over 18 years of age, and reside in Nassau County, New York. 8th On the day of October, 2021, I served a true copy of the within DEMAND FOR EXECUTION PURSUANT TO CPLR § 3116(A), DEPOSITION TRANSCRIPT AND DEPOSITION EXHIBITS upon: Brett J. Nomberg, Esq. BRAND NOMBERG & ROSENBAUM, LLP Attorney for Plaintiffs JOSEPH ITARA and TABETHA ITARA P. O. Box 148 1764 Route 9 Halfmoon, NY 12065-9998 bnomberg@bbnrlaw.com Alexandra [Sasha] L. Robins, Esq. KAUFMAN DOLOWICH VOLUCK LLP Attorneys for Third-Party Defendant CENTENNIAL ELEVATOR INDUSTRIES, INC. 245 Main Street, Suite 330 White Plains, New York 10601 (914) 470-0001 x 3I sasha.robins@kdylaw.com the attorney(s) for the respective parties in this action, at the above address(es) designated by said attorney(s) for that purpose by depositing same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York and via email. JL- ANNE AMATULLÍ Sw rn to before this 8t of O to r 021. ARY P LIC O FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK .----.__.-------------------....._______Ç JOSEPH ITARA and TABETHA ITARA, Index No. 152948/2020 Plaintiffs, -against - MASARYK TOWERS CORPORATION d /a MASARYK TOWERS MANAGEMENT, Defendant. ---------....----..-------------.._.....___..----------Ç MASARYK TOWERS CORPORATION i/s/h/a MASARYK CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, Third-Party Index No. 595639/2021 Third-Party Plaintiff, -against - CENTENNIAL ELEVATOR INDUSTRIES, INC., Defendant. .. . . . DEMAND PURSUANT TO CPLR §3116(a) MILBER l\(AKRIS PLOUSADIS & SEIDEN, LLP ATTORNEYS AT LAW Attorneys for Defendant,/Third-Party Plaintiff, MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT Office and Post Office Address, Telephone 1000 Woodbury Road, Suite 402 Woodbury, NY 11797 (516) 712-4000 MMPS File No.: 532-19159 To Sign-ature (Rule 130-1.1-a) ................................................................. Print name beneath Attorney(s) for . . . .. Dated, Yours, etc. MILBER MAKRIS PLOUSADIS & SEIDEN, LLP ATTORNEYS AT LAW Attorneys for Defendant To 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 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, Defendants. ------------------------------------------------x MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS CORPORATION, Third-Party Plaintiff, -against- CENTENNIAL ELEVATOR INDUSTRIES, INC., Third-Party Defendant. -------------------------------------------------x Remote September 21, 2021 æ 10:00 A.M. Deposition of JOSEPH ITARA, held remotely, pursuant to Order, taken before a Court Reporter of the State of New York. U.S. Legal Support | www.uslegalsupport.com FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 APPEARANCES: 2 ° æ ° æ æ æ ° 3 OBRAND BRAND NOMBERG & ROSENBAUM, LLP Attorneys for Plaintiffs. 4 622 3rd Avenue - 7th Floor New York, New York 10017 5 ° BY: BRETT NOMBERG, ESQ. 6 7 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Defendants, Masaryk 8 Towers Management I/s/h/a Masaryk Towers Corporation d/b/a Masaryk Towers 9 Management. 1000 Road - Suite 402 Woodbury 10 Woodbury, New York 11797 11 æ BY: SUSAN J. STROMBERG ESQ. 12 13 BABCHIK & YOUNG, LLP Attorneys for Third-Party Defendant, 14 Centennial Elevator Industries, Inc. 245 Main Street - Suite 880 15 White Plains, New York 10601 16 BY: ALEXANDRA ROBINS, ESQ. 17 ° 18 æALSO PRESENT: 19 20 21 22 23 24 25 U.S. Legal Support | www.uslegalsupport.com 2 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 STIPULATIONS 2 IT IS HEREBY STIPULATED AND AGREED 3 zy and between(among) counsel for the respective 4 parties hereto, that all rights provided by the 5 C.P.L.R., including the right to object to any 6 question, except as to form, or to move to strike 7 any testimony at this(these) examination(s), are 8 reserved, and, in addition, the failure to object 9 to any question or to move to strike any testimony 10 at this(these) examination(s) shall not be a bar or 11 waiver to make such motion at, and is reserved for 12 the trial of this action; 13 IT IS FURTHER STIPULATED AND AGREED 14 ]zy and between(among) counsel for the respective 15 parties hereto, that this(these) examination(s) may 16 be sworn to by the witness(es) being examined, 17 before a Notary Public other than the Notary Public 18 before whom this(these) examination(s) was(were) 19 begun; but the failure to do so, or to return the 20 original of this(these) examination(s) to counsel, 21 shall not be deemed a waiver of the rights provided 22 ]zy Rules 3116 and 3117 of the C.P.L.R., and shall 23 be controlled thereby; 24 IT IS FURTHER STIPULATED AND AGREED 25 17y and between(among) counsel for the respective U.S. Legal Support | www.uslegalsupport.com 3 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 parties hereto, that this(these) examination(s) may 2 be utilized for all purposes as provided by the 3 C.P.L.R.; 4 IT IS FURTHER STIPULATED AND AGREED 5 by and between(among) counsel for the respective 6 parties hereto, that the filing and certification 7 of the original of this(these) examination(s) shall 8 be and the same hereby are waived; 9 IT IS FURTHER STIPULATED AND AGREED 10 by and between(among) counsel for the respective 11 parties hereto, that a copy of the within 12 examination(s) shall be furnished to counsel 13 representing the witness(es) testifying, without 14 charge. 15 16 17 * * * 18 19 20 21 22 23 24 25 U.S. Legal Support | www.uslegalsupport.com 4 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 JOSEPH ITARA, the Plaintiff, has been duly sworn in 2 and testified as follows: 3 EXAMINATION BY 4 MS. STROMBERG: 5 Q Would you please state your name for 6 the record. 7 Joseph Itara. 8 What is your present home address. 9 520 West 56th Street, New York, New 10 York, 10019, apartment 8D, like David. 11 MS. STROMBERG: Good morning, æ 12 Mr. Itara. My name is Susan Stromberg 13 and I represent Masaryk Towers 14 Corporation in this lawsuit. I am going 15 to be asking you a lot of questions æ 16 today. If at any point you need to take 17 a break, please let me know. I would 18 ask that all of your responses be 19 verbal, meaning that you speak them and 20 not nod your head or shake your head or 21 gesture or anything like that. 22 THE WITNESS: I understand. 23 Have you ever been deposed before? æ 24 I am sorry. Say that again. 25 Have you ever been deposed before? U.S. Legal Support | www.uslegalsupport.com 5 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 A No. Never. 2 MS. STROMBERG: So this will be 3 new. This is not the easiest, but if at 4 anytime you need to take a break let us 5 know. We will be showing you 6 photographs and documents, that we will 7 make available on the computer screen. 8 I will also be showing you some videos. 9 Hopefully we will get this down without 10 a problem. 11 Mr. Itara, one of the instructions 12 today is that you need to wait until I 13 finish my question before you start 14 answering. It's difficult enough in 15 using a video that we are not talking æ 16 over each other. The court reporter 17 will not be able to get everything down, 18 so it's very important that she hear 19 everything and writes everything down. 20 THE WITNESS: I understand. 21 Q If you need to take a break just let us 22 know. 23 I see that you are wearing a shoulder 24 brace is that correct? 25 A Yes, I still wear the sling, yes. U.S. Legal Support | www.uslegalsupport.com 6 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 Are you taking, did you take any 2 medication today? 3 Just my blood pressure. 4 Are you taking any medication for 5 -- any 6 Yes, I am. 7 Q What are you taking? æ 8 Oxycodone, it's 5 milligrams. I have 9 not taken it yet this morning. 10 Q Anything else? 11 Medication wise, yeah. I take 12 Metformin for my diabetes, Losartan for the high 13 blood pressure. 14 Q Have you taken Losartan today? 15 Losartan, yes. 16 Have you ever been known by any other 17 name. 18 I'm sorry. Say that again. 19 Have you ever been know by a nickname, 20 something like that? 21 Everyone calls me Joe. 22 Joseph is your legal° name? Q 23 Joseph is my legal name, yes. 24 How long have you lived at 520 West 25 56th Street in Manhattan? U.S. Legal Support | www.uslegalsupport.com 7 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 189 Joseph Itara RECEIVED NYSCEF: 06/15/2022 September 21, 2021 1 A It's now going on 10 years. 2 Q Who do you live there with? 3 My wife and my mom. 4 What's your