Preview
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020
EXHIBIT C
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020
1 STATE OF NEW YORK
COPY
SUPREME COURT COUNTY OF SARATOGA
2 -- - - -- - - - - - - ------------- - -- -------- - - - - ---- --
3 WEN MEI LU, CHIN CHUNG LIN LU,
4 LI HUA and LU HOLDING, LLC,
5 Plaintiffs,
6
Index No 2016-2946
7
-against-
8
9 WEN YING GAMBA, YUEN HSIANG LU,
10 and WEN FU LU,
11 Defendants.
-- - - --- - __ - __- - --- __ __ --- _ _ _ __ - ---- ---- - ___ - -
.-
12
13 STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHENECTADY
14
- - -- -- - - - -- . - - - - - - - - - - . --------- - - - --- - - ---- - -
15
GAMBA, WEN YING, AS AGENT FOR LU, YUE,
16
P1 aintiffs,
17
18 Index No 2016-0170
- against -
19
20 LU, MEN MEI a/k/a WHITNEY,
21 Defendant.
22 - ------------ --------------------- ----------- -
!
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2 EXAMINATION BEFORE TRIAL
3 of the Plaintiff, WEN MEI LU, held on January
4 28, 2019, commencing at 10:09, at the law
5 offices of Phelan, Phelan & Danek, LLP, 300
6 Great Oaks Boulevard, Suite 315, Albany, New
7 York 12203, before Susan M. Fischler, a Court
8 Reporter and Notary Public in and for the
9 State of New York.
10
12
13
14
15
16
17
18
19
20
21
22
23
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1 A P P E A R A N C E S:
2
3 Whiteman, Osterman & Hanna LLP
4 Attorneys for Plaintiffs
5 Wen Mei Lu, Chin Chung Lin Lu,
6 Li Hua and Lu Holding, LLC
7 and Defendant:
8 Lu, Men Mei a/k/a Whitney,
9 One Commerce Plaza - 19th Floor
10 Albany, New York 12260
11 BY: JON E. CRAIN, ESQ.
12
13
14 Phelan, Phelan & Danek, LLP
15 Attorneys for Defendants
16 Wen Ying Gamba, Yuen Hsiang Lu
17 and Wen Fu Lu
18 300 Great Oaks Boulevard
19 Suite 315
20 Albany, New York 12203
21 BY: TIMOTHY S. BRENNAN, ESQ,
22
23
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1 S T I P U L A T I O N S
2
3
4 IT IS HEREBY STIPULATED AND AGREED
5 by and between the attorneys for the
6 respective parties hereto that the signing and
7 filing of the Referee's Oath be waived;
8 IT IS FURTHER STIPULATED AND AGREED
9 that the examination be conducted before a
10 Shorthand Reporter and Notary Public in and
11 for the State of New York;
12 IT IS FURTHER STIPULATED AND AGREED
13 that the examining party shall furnish the
14 examined party with a copy of the transcript
15 of testimony free of charge;
16 IT IS FURTHER STIPULATED AND AGREED
17 that all objections, except as to the form
18 thereof, be reserved until the time of trial ;
19 and that the transcript of testimony may be
20 signed by any Notary Public authorized to
21 administer such oaths.
22
* * * * * *
23
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1 WEN MEI LU,
2 having been duly sworn by the Notary Public,
3 was examined and testified as follows:
4
5 EXAMINED BY
6 MR. BRENNAN:
7 Q. Good morning, Iris. Do you mind if I call
8 you Iris?
9 A. No.
10 Q. My name is Tim Brennan. We are going to
11 take your deposition testimony today.
12 Have you ever giv.en testimony before?
13 A. Yes.
14 Q. And, so, you're probably going to be
15 pretty familiar with the rules I am going
16 to give you, but I just want to go over
17 them before we get started so we are all
18 on the same page.
19 First and foremost, I am going to
20 ask that you keep all your responses
21 verbal. As you see, we have a
22 stenographer here. She's great but she
23 can't take down nods and gestures which
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1 are subject to interpretation. I also ask
2 that you don't answer with grunts, uh-hub
3 or uh-uh, because once again, those are
4 subject to interpretation. The idea is we
5 want to have a good, clean record, with
6 what your recollection and testimony is
7 this case. Does that sound fair?
8 A. Yes.
9 Q. If at any point in time you don't
10 understand what my question 1s, feel free
11 to let me know; I'd be happy to explain to
12 you what I'm trying to ask. I am not
13 trying to confuse you, but I'm not
14 perfect, either, so if I am confusing you,
15 it's not my intent, j ust let me now,
16 Okay?
17 A. Yes.
18 Q. If at any point in time you want to take a
19 break, perfectly fine with me, I just ask
20 that you don't take a break while a
21 question is pending. You can answer the
22 question and take a break at any time you
23 want. Okay?
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1 A. Yes.
2 Q. Can you tell me where you live?
3 A. 1037 Congress Street, Schenectady, New
4 York.
5 Q. How long have you lived there?
6 A. I don't recall. For a while now.
7 Q. How many years? Can you approximate in
8 any way?
9 A. I don't recall.
10 Q. Okay. Did you rev1ew anything in
11 preparation for your deposition today?
12 A. Yes.
13 Q. What did you review?
14 A. The complaint.
15 Q. Which complaint is that? The complaint
16 filed in Saratoga?
17 A. The. underlying complaint, the underlying
18 complaint, Saratoga (indicating).
19 Q. Saratoga? You pointed at your notebook.
20 And, is that because it's in your
21 notebook?
22 A. Yes.
23 Q. May I see it?
..
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1 A. (Witness complies).
2 Q. Aside from the complaint, did you review
3 anything else?
4 A. I read part of the memorandum of law.
5 That was for the appointment of a
6 receivership, the restraining order.
7 Q. Did you review anything else?
8 A. That's about it.
9 Q. Is the memorandum of law, is that also
10 there (indicating)?
11 A. No, j ust blank paper.
12 Q. Just blank paper?
13 A. Yes.
14 Q. Did you have conversations - aside
any
15 from your - in preparation for
attorney
16 your testimony today, with anybody?
17 A. No.
18 Q. Did you discuss this matter with your
19 sister Patty?
20 A. We discussed what was discussed at John's
21 office.
22 Q. So you had conversation - -
23 A. -- the what you
rules, like, basically
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1, told me what to do.
2 Q. So you had a conversation with Patty about
3 a conversation you had with John? Yes or
4 no?
5 A. Yes.
6 Q. Did you discuss the deposition with your
7 mother?
8 A. My deposition, with my mother?
9 Q. Yes.
10 A. No.
11 Q. Did you discuss the case with your mother
12 in preparation for your testimony?
13 A. No
14 Q. When was the 7 ast time you discussed the
15 case with your mother?
16 A, I don't recall.
17 Q. When was the 1 ast time you discussed the
18 case with Patty?
19 A. I don't recall.
20 Q. Are you currently married?
21 A. No.
22 Q. Have you ever been?
23 A. Yes.
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1 Q. To whom were you married and when?
2 A. I was married to Lawrence Whitney.
3 Q. Lawrence Whitney? And when was that?
4 A. In latter part of 2015 -- let's see - -
5 sorry, 2005.
6 Q. 2005? Is that when the marriage started?
7 A. Yes.
8 , Q. And are you still married to Lawrence
9 Whitney?
10 A. No.
11 Q. And when did the marriage end?
12 A. February 15, 2006.
13 Q. Do you have any children?
14 A. No.
15 Q. What's Mr. Whitney's address, do you know?
16 A. He's deceased.
17 Q. He's deceased? Did you divorce him or did
18 he pass away?
19 A. He passed away.
20 Q. I'm sorry to hear that.
21 In this lawsuit you make a
22 contention that there's a constructive
23 trust. Are you familiar with that term?
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1 A. Yes.
2 Q. And, that there was a collective Lu
3 family, correct?
4 MR. CRAIN: Objection.
5 MR. BRENNAN: Well, that's the
8 term.
7 MR. CRAIN: To the extent you
8 are asking her to characterize what's in
9 the complaint, I will continue to object.
10 MR. BRENNAN: I am going to
11 have her mark that, if that's okay with
12 you.
13 THE WITNESS: Why?
14 MR. CRAIN: Objection. Can we
15 go off the record, please?
16 (A discussion was held off the
17 record).
18 (Defendant's Exhibit A marked
19 for identification at this time.)
20 Q. I have marked for you as Defendant's
21 Exhibit A, with today's date, a copy of
22 the verified complaint from the Saratoga
23 action. Just before I pass it to you, I
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1 want to put on the record today, we are
2 going to mark my exhibits today as
3 Defendant's exhibits, and any exhibits
4 that Mr. Crain uses will be marked as a
5 Plaintiff's exhi bit. And I think we will
6 just keep that as standard in these
7 depositions. Is that fair, Mr. Crain?
8 MR. CRAIN: That's correct.
9 MR. BRENNAN: With the
10 understanding that I am, in some of the
11 litigation the Plaintiff; and he is, in
12 some of the litigation, a Defendant. But
13 for ease of the deposition, I will have
14 Defendant's exhibits, and you, Mr. Crain,
15 will have Plaintiff's exhibits.
16 MR. CRAIN: And the record
17 should reflect that Defendant's A is Mr.
18 Brennan's copy of the complaint, not the
19 not the deponent's.
20 A. You want me to look at it?
21 Q. Just look at it. I want to ask you a
22 specific question. Feel free, if you
23 when I ask you question -- and
need, any
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1 this is true for document -- to take
any
2 more time to review it. I just want you
3 to generally look at it to familiarize
4 yourself with it right now, before I ask
5 you any questions. You don't have to
6 memorize it or anything like that.
7 A. Okay, (Witness complies).
8 Q. Do you recognize that document, ma'am?
9 A. Yes, I do.
10 Q. Is that a true and accurate copy of the
11 complaint filed, among others, on your
12 behalf in this action?
13 MR. CRAIN: Objection.
14 Q. Is it?
15 MR. CRAIN: There's only been
16 one complaint filed on her behalf in this
17 action. You said among others.
18 MR. BRENNAN: Among other
19 Plaintiffs, among other people, that's
20 what I meant. Sorry.
21 A. What's the question, again?
22 Q. Is this a true and accurate copy of the
23 complaint that was filed in your behalf in
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1 this action?
2 A. This action? Not having the opportunity
3 to read over the entire pages, I'm gonna
4 say based on the caption, yes.
5 Q. If you could turn to the verification
6 page, the last page, please?
7 A. I have.
8 Q. Is that your signature?
9 A. Yes, it is.
10 Q. And it was notarized on November 2nd,
11 2016?
12 A. That's what it says.
13 Q. And it indicates that you have read the
14 foregoing verified complaint and that the
15 same is true to your knowledge, correct?
16 A. Correct.
17 Q. Is that an accurate statement?
18 A. Yes.
19 MR. BRENNAN: Okay. Off the
20 record.
21 (A discussion was held off the
22 record).
23 MR. BRENNAN: Back on the
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1 record.
2 BY MR. BRENNAN:
3 Q. So, earlier I asked you if, in this
4 action, you are asserting the existence of
5 a constructive trust?
6 A. Correct.
7 Q. And that is on behalf of the Lu family,
8 correct?
9 A. Lu family described herein in the
10 complaint.
11 Q. Yes. Today, who is in the Lu family as
12 far as the constructive trust?
13 MR. CRAIN: Objection. The Lu
14 family has changed over the years, so I
15 want to be clear.
16 MR. BRENNAN: There's no
17 speaking objections. We are not going to
18 do that.
19 MR. CRAIN: That's fine. To
20 the extent your question isn't clear, I am
21 going to make sure she understands it.
22 A. Over the years the Lu family, members of
23 the Lu family, has changed,
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1 Q. Who is in the Lu family today?
2 A. Today? As of today if would be myself, my
3 sister - Li and mom - Chin
Patty Hua, my
4 Chung Lin Lu.
5 Q. Anyone else?
6 A. Today, just the three of us.
7 Q. Those are the three people who are in the
8 constructive trust today? That's your
9 testimony?
10 A. As it pertains to this litigation, yes.
11 Q. Let's go all the way back to the beginning
12 of the Lu family collective. Is that how
13 I should refer to the trust? I am looking
14 for a way that you and I can agree about
15 referring to the Lu family trust. Is it
16 fair that, every time I say Lu family,
17 that will be the Lu family trust you
18 describe in your complaint? Is that fair?
19 MR. CRAIN: If you could say
20 the Lu family collective, or the Lu family
21 as defined in the complaint, with respect
22 to specific times? Because, it does have
23 two meanings.
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1 Q. When I am referring to the constructive
2 trust you are testifying about today, I
3 will refer to that as the Lu family
4 collective. If I am just talking about
5 your family in general, I will call it the
6 Lu family. Can we all adhere to those
7 rules?
8 A, If you are talking about the Lu family in
9 general, I would like you to say Lu family
10 in general, so I don't think it's
11 something else.
12 Q. That's fair. The reason for this
13 conversation is because it can get
14 confusing and I was recognizing that.
15 That's fair.
16 If you look at paragraph 10,
17 there's a introduction of the Lu family in
18 general members, correct?
19 A. Paragraph 10 states what it states, speaks
20 for itself.
21 Q. I am orienting you, not trying to trick
22 you.
23 And so, Yuen Hsiang Lu is your
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1 father, correct?
2 A. Yes.
3 Q. Your mother is Chin Chung Lin Lu, correct?
4 A. Yes.
5 Q. And for ease, I am going to refer to your
6 father, as they di d in the complaint, as
7 Mr. Lu, and your mom as Mrs. Lu, Is that
8 fair?
9 A. Yes.
10 Q. And just so you know, the reason I am
11 doing this is in one of the other
12 depositions that occurred, a lot of the
13 folks have Wen in their name, so I want to
14 .find a way this is easy for all of us to
15 follow.
16 There's seven children total, so
17 you have six siblings, correct?
18 A. Correct.
19 Q. And, the oldest is Wen Lung Lu, correct?
20 A. Correct.
21 Q. How old is Wen Lung, approximately?
22 A. Approximately fifty-nine, approximately.
23 Q. Okay. And there's Wen Ying Lu Gamba.
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1 That's your older sister, right?
2 A. The oldest sister, yes.
3 Q. Do you know how old she is?
4 A. Approximately fifty-seven.
5 Q. And then there's Wen Lan Lu, also known as
6 Felicia. How old is she?
7 A. She's approximately fifty-five.
Preview
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 EXHIBIT C FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 1 STATE OF NEW YORK COPY SUPREME COURT COUNTY OF SARATOGA 2 -- - - -- - - - - - - ------------- - -- -------- - - - - ---- -- 3 WEN MEI LU, CHIN CHUNG LIN LU, 4 LI HUA and LU HOLDING, LLC, 5 Plaintiffs, 6 Index No 2016-2946 7 -against- 8 9 WEN YING GAMBA, YUEN HSIANG LU, 10 and WEN FU LU, 11 Defendants. -- - - --- - __ - __- - --- __ __ --- _ _ _ __ - ---- ---- - ___ - - .- 12 13 STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY 14 - - -- -- - - - -- . - - - - - - - - - - . --------- - - - --- - - ---- - - 15 GAMBA, WEN YING, AS AGENT FOR LU, YUE, 16 P1 aintiffs, 17 18 Index No 2016-0170 - against - 19 20 LU, MEN MEI a/k/a WHITNEY, 21 Defendant. 22 - ------------ --------------------- ----------- - ! FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 2 EXAMINATION BEFORE TRIAL 3 of the Plaintiff, WEN MEI LU, held on January 4 28, 2019, commencing at 10:09, at the law 5 offices of Phelan, Phelan & Danek, LLP, 300 6 Great Oaks Boulevard, Suite 315, Albany, New 7 York 12203, before Susan M. Fischler, a Court 8 Reporter and Notary Public in and for the 9 State of New York. 10 12 13 14 15 16 17 18 19 20 21 22 23 FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 3 1 A P P E A R A N C E S: 2 3 Whiteman, Osterman & Hanna LLP 4 Attorneys for Plaintiffs 5 Wen Mei Lu, Chin Chung Lin Lu, 6 Li Hua and Lu Holding, LLC 7 and Defendant: 8 Lu, Men Mei a/k/a Whitney, 9 One Commerce Plaza - 19th Floor 10 Albany, New York 12260 11 BY: JON E. CRAIN, ESQ. 12 13 14 Phelan, Phelan & Danek, LLP 15 Attorneys for Defendants 16 Wen Ying Gamba, Yuen Hsiang Lu 17 and Wen Fu Lu 18 300 Great Oaks Boulevard 19 Suite 315 20 Albany, New York 12203 21 BY: TIMOTHY S. BRENNAN, ESQ, 22 23 FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 4 1 S T I P U L A T I O N S 2 3 4 IT IS HEREBY STIPULATED AND AGREED 5 by and between the attorneys for the 6 respective parties hereto that the signing and 7 filing of the Referee's Oath be waived; 8 IT IS FURTHER STIPULATED AND AGREED 9 that the examination be conducted before a 10 Shorthand Reporter and Notary Public in and 11 for the State of New York; 12 IT IS FURTHER STIPULATED AND AGREED 13 that the examining party shall furnish the 14 examined party with a copy of the transcript 15 of testimony free of charge; 16 IT IS FURTHER STIPULATED AND AGREED 17 that all objections, except as to the form 18 thereof, be reserved until the time of trial ; 19 and that the transcript of testimony may be 20 signed by any Notary Public authorized to 21 administer such oaths. 22 * * * * * * 23 FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 5 1 WEN MEI LU, 2 having been duly sworn by the Notary Public, 3 was examined and testified as follows: 4 5 EXAMINED BY 6 MR. BRENNAN: 7 Q. Good morning, Iris. Do you mind if I call 8 you Iris? 9 A. No. 10 Q. My name is Tim Brennan. We are going to 11 take your deposition testimony today. 12 Have you ever giv.en testimony before? 13 A. Yes. 14 Q. And, so, you're probably going to be 15 pretty familiar with the rules I am going 16 to give you, but I just want to go over 17 them before we get started so we are all 18 on the same page. 19 First and foremost, I am going to 20 ask that you keep all your responses 21 verbal. As you see, we have a 22 stenographer here. She's great but she 23 can't take down nods and gestures which FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 6 1 are subject to interpretation. I also ask 2 that you don't answer with grunts, uh-hub 3 or uh-uh, because once again, those are 4 subject to interpretation. The idea is we 5 want to have a good, clean record, with 6 what your recollection and testimony is 7 this case. Does that sound fair? 8 A. Yes. 9 Q. If at any point in time you don't 10 understand what my question 1s, feel free 11 to let me know; I'd be happy to explain to 12 you what I'm trying to ask. I am not 13 trying to confuse you, but I'm not 14 perfect, either, so if I am confusing you, 15 it's not my intent, j ust let me now, 16 Okay? 17 A. Yes. 18 Q. If at any point in time you want to take a 19 break, perfectly fine with me, I just ask 20 that you don't take a break while a 21 question is pending. You can answer the 22 question and take a break at any time you 23 want. Okay? FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 7 1 A. Yes. 2 Q. Can you tell me where you live? 3 A. 1037 Congress Street, Schenectady, New 4 York. 5 Q. How long have you lived there? 6 A. I don't recall. For a while now. 7 Q. How many years? Can you approximate in 8 any way? 9 A. I don't recall. 10 Q. Okay. Did you rev1ew anything in 11 preparation for your deposition today? 12 A. Yes. 13 Q. What did you review? 14 A. The complaint. 15 Q. Which complaint is that? The complaint 16 filed in Saratoga? 17 A. The. underlying complaint, the underlying 18 complaint, Saratoga (indicating). 19 Q. Saratoga? You pointed at your notebook. 20 And, is that because it's in your 21 notebook? 22 A. Yes. 23 Q. May I see it? .. FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 8 1 A. (Witness complies). 2 Q. Aside from the complaint, did you review 3 anything else? 4 A. I read part of the memorandum of law. 5 That was for the appointment of a 6 receivership, the restraining order. 7 Q. Did you review anything else? 8 A. That's about it. 9 Q. Is the memorandum of law, is that also 10 there (indicating)? 11 A. No, j ust blank paper. 12 Q. Just blank paper? 13 A. Yes. 14 Q. Did you have conversations - aside any 15 from your - in preparation for attorney 16 your testimony today, with anybody? 17 A. No. 18 Q. Did you discuss this matter with your 19 sister Patty? 20 A. We discussed what was discussed at John's 21 office. 22 Q. So you had conversation - - 23 A. -- the what you rules, like, basically FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 9 1, told me what to do. 2 Q. So you had a conversation with Patty about 3 a conversation you had with John? Yes or 4 no? 5 A. Yes. 6 Q. Did you discuss the deposition with your 7 mother? 8 A. My deposition, with my mother? 9 Q. Yes. 10 A. No. 11 Q. Did you discuss the case with your mother 12 in preparation for your testimony? 13 A. No 14 Q. When was the 7 ast time you discussed the 15 case with your mother? 16 A, I don't recall. 17 Q. When was the 1 ast time you discussed the 18 case with Patty? 19 A. I don't recall. 20 Q. Are you currently married? 21 A. No. 22 Q. Have you ever been? 23 A. Yes. FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 10 1 Q. To whom were you married and when? 2 A. I was married to Lawrence Whitney. 3 Q. Lawrence Whitney? And when was that? 4 A. In latter part of 2015 -- let's see - - 5 sorry, 2005. 6 Q. 2005? Is that when the marriage started? 7 A. Yes. 8 , Q. And are you still married to Lawrence 9 Whitney? 10 A. No. 11 Q. And when did the marriage end? 12 A. February 15, 2006. 13 Q. Do you have any children? 14 A. No. 15 Q. What's Mr. Whitney's address, do you know? 16 A. He's deceased. 17 Q. He's deceased? Did you divorce him or did 18 he pass away? 19 A. He passed away. 20 Q. I'm sorry to hear that. 21 In this lawsuit you make a 22 contention that there's a constructive 23 trust. Are you familiar with that term? FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 11 1 A. Yes. 2 Q. And, that there was a collective Lu 3 family, correct? 4 MR. CRAIN: Objection. 5 MR. BRENNAN: Well, that's the 8 term. 7 MR. CRAIN: To the extent you 8 are asking her to characterize what's in 9 the complaint, I will continue to object. 10 MR. BRENNAN: I am going to 11 have her mark that, if that's okay with 12 you. 13 THE WITNESS: Why? 14 MR. CRAIN: Objection. Can we 15 go off the record, please? 16 (A discussion was held off the 17 record). 18 (Defendant's Exhibit A marked 19 for identification at this time.) 20 Q. I have marked for you as Defendant's 21 Exhibit A, with today's date, a copy of 22 the verified complaint from the Saratoga 23 action. Just before I pass it to you, I FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 12 1 want to put on the record today, we are 2 going to mark my exhibits today as 3 Defendant's exhibits, and any exhibits 4 that Mr. Crain uses will be marked as a 5 Plaintiff's exhi bit. And I think we will 6 just keep that as standard in these 7 depositions. Is that fair, Mr. Crain? 8 MR. CRAIN: That's correct. 9 MR. BRENNAN: With the 10 understanding that I am, in some of the 11 litigation the Plaintiff; and he is, in 12 some of the litigation, a Defendant. But 13 for ease of the deposition, I will have 14 Defendant's exhibits, and you, Mr. Crain, 15 will have Plaintiff's exhibits. 16 MR. CRAIN: And the record 17 should reflect that Defendant's A is Mr. 18 Brennan's copy of the complaint, not the 19 not the deponent's. 20 A. You want me to look at it? 21 Q. Just look at it. I want to ask you a 22 specific question. Feel free, if you 23 when I ask you question -- and need, any FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 13 1 this is true for document -- to take any 2 more time to review it. I just want you 3 to generally look at it to familiarize 4 yourself with it right now, before I ask 5 you any questions. You don't have to 6 memorize it or anything like that. 7 A. Okay, (Witness complies). 8 Q. Do you recognize that document, ma'am? 9 A. Yes, I do. 10 Q. Is that a true and accurate copy of the 11 complaint filed, among others, on your 12 behalf in this action? 13 MR. CRAIN: Objection. 14 Q. Is it? 15 MR. CRAIN: There's only been 16 one complaint filed on her behalf in this 17 action. You said among others. 18 MR. BRENNAN: Among other 19 Plaintiffs, among other people, that's 20 what I meant. Sorry. 21 A. What's the question, again? 22 Q. Is this a true and accurate copy of the 23 complaint that was filed in your behalf in FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 14 1 this action? 2 A. This action? Not having the opportunity 3 to read over the entire pages, I'm gonna 4 say based on the caption, yes. 5 Q. If you could turn to the verification 6 page, the last page, please? 7 A. I have. 8 Q. Is that your signature? 9 A. Yes, it is. 10 Q. And it was notarized on November 2nd, 11 2016? 12 A. That's what it says. 13 Q. And it indicates that you have read the 14 foregoing verified complaint and that the 15 same is true to your knowledge, correct? 16 A. Correct. 17 Q. Is that an accurate statement? 18 A. Yes. 19 MR. BRENNAN: Okay. Off the 20 record. 21 (A discussion was held off the 22 record). 23 MR. BRENNAN: Back on the FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 15 1 record. 2 BY MR. BRENNAN: 3 Q. So, earlier I asked you if, in this 4 action, you are asserting the existence of 5 a constructive trust? 6 A. Correct. 7 Q. And that is on behalf of the Lu family, 8 correct? 9 A. Lu family described herein in the 10 complaint. 11 Q. Yes. Today, who is in the Lu family as 12 far as the constructive trust? 13 MR. CRAIN: Objection. The Lu 14 family has changed over the years, so I 15 want to be clear. 16 MR. BRENNAN: There's no 17 speaking objections. We are not going to 18 do that. 19 MR. CRAIN: That's fine. To 20 the extent your question isn't clear, I am 21 going to make sure she understands it. 22 A. Over the years the Lu family, members of 23 the Lu family, has changed, FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 16 1 Q. Who is in the Lu family today? 2 A. Today? As of today if would be myself, my 3 sister - Li and mom - Chin Patty Hua, my 4 Chung Lin Lu. 5 Q. Anyone else? 6 A. Today, just the three of us. 7 Q. Those are the three people who are in the 8 constructive trust today? That's your 9 testimony? 10 A. As it pertains to this litigation, yes. 11 Q. Let's go all the way back to the beginning 12 of the Lu family collective. Is that how 13 I should refer to the trust? I am looking 14 for a way that you and I can agree about 15 referring to the Lu family trust. Is it 16 fair that, every time I say Lu family, 17 that will be the Lu family trust you 18 describe in your complaint? Is that fair? 19 MR. CRAIN: If you could say 20 the Lu family collective, or the Lu family 21 as defined in the complaint, with respect 22 to specific times? Because, it does have 23 two meanings. FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 17 1 Q. When I am referring to the constructive 2 trust you are testifying about today, I 3 will refer to that as the Lu family 4 collective. If I am just talking about 5 your family in general, I will call it the 6 Lu family. Can we all adhere to those 7 rules? 8 A, If you are talking about the Lu family in 9 general, I would like you to say Lu family 10 in general, so I don't think it's 11 something else. 12 Q. That's fair. The reason for this 13 conversation is because it can get 14 confusing and I was recognizing that. 15 That's fair. 16 If you look at paragraph 10, 17 there's a introduction of the Lu family in 18 general members, correct? 19 A. Paragraph 10 states what it states, speaks 20 for itself. 21 Q. I am orienting you, not trying to trick 22 you. 23 And so, Yuen Hsiang Lu is your FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 18 1 father, correct? 2 A. Yes. 3 Q. Your mother is Chin Chung Lin Lu, correct? 4 A. Yes. 5 Q. And for ease, I am going to refer to your 6 father, as they di d in the complaint, as 7 Mr. Lu, and your mom as Mrs. Lu, Is that 8 fair? 9 A. Yes. 10 Q. And just so you know, the reason I am 11 doing this is in one of the other 12 depositions that occurred, a lot of the 13 folks have Wen in their name, so I want to 14 .find a way this is easy for all of us to 15 follow. 16 There's seven children total, so 17 you have six siblings, correct? 18 A. Correct. 19 Q. And, the oldest is Wen Lung Lu, correct? 20 A. Correct. 21 Q. How old is Wen Lung, approximately? 22 A. Approximately fifty-nine, approximately. 23 Q. Okay. And there's Wen Ying Lu Gamba. FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/20/2020 19 1 That's your older sister, right? 2 A. The oldest sister, yes. 3 Q. Do you know how old she is? 4 A. Approximately fifty-seven. 5 Q. And then there's Wen Lan Lu, also known as 6 Felicia. How old is she? 7 A. She's approximately fifty-five.