Preview
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
1
2 STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
3
4 WEN MEI LU, CHIN CHUNG LIN LU, LI HUA LU and
LU HOLDING, LLC,
5
Plaintiffs
6
-v- Index No.: 2016-2946
7
WEN YING GAMBA, YUEN HSIANG LU, and WEN FU LU,
8
Defendants.
9 ___________________ _____--_________-____--
10
SUPREME COURT OF THE STATE OF NEW YORK
11 , COUNTY OF SCHENECTADY
12
WEN YING GAMBA, AS AGENT FOR YUEN HSIANG LU,
13
Plaintiff,
14
15
WEN MEI LU, a/k/a IRIS LU WHITNEY,
16
Defendant.
17 __-___-______---
--__- ______-____________
18 EXAMINATION BEFORE TRIAL LT HUA LUp-held
19 before Laura A. Couch, a Shorthand Reporter
20 and Notary Public in the State of New York at
21 the offices of Whiteman, Osterman & Hanna,
22 LLP, One Commerce Plaza, Albany, New York, on
23 Tuesday, January 29, 2019, commencing at
24 12 noon.
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 1
RECEIVED NYSCEF: 09/03/2021
1
2
1
2 APPEARANCES:
3 WH I TEXAN I OSTERHAN & HANNAH ~ LLP
Attorney for Plaintiffs in Saratoga Action
4 and De f endant in Schenectady Action
One Commerce Plaza
5 Albany, New York 122 60
BY: JON K. CRAIN „ESQ.
6
PHELAN, PHELAN & DAN EK, LLP
7 Attorney for Defendants in Saratoga Action
and Plai nti f f s in Schenectady Action
8 300 Great Oaks Boulevard, 4315
Albany, New York 12203
9 BY: TIMOTHY S. BRENNAN, ESQ.
10 ALSO PRESENT; GABRIELLA R, LEVINE, ESQ.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(
LAURA A, COUCH
(5>8) 495-8830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
3
1
2
3 S T I P U L A T I O N S
4
5
6 It is hereby stipulated and agreed by and
7 between the attorneys for the parties hereto
8 that the filing, sealing and certification of
9 the within deposition are waived; that all
10 objections, except to the form of the
11 question, are reserved to the time of trial;
12 that the within deposition may be signed and
13 sworn to before any Notary Public; and that
14 the attorney for the examining party shall
15 furnish one copy of the within deposition to
16 the attorney for the party examined, without
17 charge..
18
19
20
21
22
23
24
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
4
HUA -
. 1 {LI LU BY MR. BRENNAN}
2 LI HUA LD,
3 having been first duly sworn by the Notary
4 Public, was examined and testified as follows:
5 EXAMINATION BY MR. BRENNAN:
6 Q Good afternoon, Patty. How are you?
7 A Good afternoon, sir. Nice meeting you.
8 Q Nice meeting you.
9 Do you mind if I call you Patty?
10 A Sure.
11 Q Before we get started I want to give you a
12 couple of ground rules. They are pretty
13 simple. Just let me know if you don't
14 understand any of them. Okay?
15 A Okay.
16 Q First, I ask that you not to talk at the same
17 time as I'm talking. As you can see we have
18 a stenographer here. She is good, but she
19 can't take us both down at the same time.
20 A Okay.
21 Q I also ask that you try to make sure all of
22 your answers are verbal so that she can take
23 them down. No nods, no gestures, no grunts
24 like um-hum or unt-uh or anything like that
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
5
- BY MR.
. 1 {LI HUA LU BRENNAN}
2 that is subject to interpretation.
3 A Okay.
4 Q And the reason for that is simply we just
5 want to know what your responses are. Okay?
6 A Yes.
7 Q I'd ask if you don't understand a question
8 that I ask at any point in time, let me know
9 and I'll be happy to work you through it,
10 rephrase it, make sure you understand it
11 before you answer it. Okay?
12 A Sure.
13 Q If you need a break at any point in time, let
14 me know and I'll be more than happy to
15 accommodate you. My only rule in that regard
16 is I would ask for you, if there is a
17 | question pending, answer that question and
18 then we can take a break. Okay?
19 A Correct.
20 Q Have you ever given testimony before?
21 A Not really.
22 Q Can you try to keep your voice up just a
23 little bit?
24 A Not really.
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
6
HUA - BY
1 {LI LU MR. BRENNAN}
2 Q Not really?
3 A No.
4 Q What is your educational background?
5 A I studied art,
6 Q Did you go to college?
7 A Yes. I went to SUNY Albany.
8 Q Did you go right after high school?
9 A Right after high school.
10 Q Did you graduate?
11 A Yes, I did.
12 Q Approximately what year?
13 A In the '90s.
14 Q In the '90s?
15 A Yes.
16 Q What is your date of birth?
17 A July 16, 1967.
18 Q Have you ever been married?
19 A No.
20 Q Where do you live?
21 A I live in Albany, New York.
22 Q At 4 Christian Court?
23 A At 4 Christian Court.
24 Q How long have you lived there?
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
7
LU -
1 {LI HUA BY MR. BRENNAN}
2 A Since we bought the house.
3 Q And when you say we, who are you referring
4 to?
5 A Our family.
6 Q And who lives with you there currently,
7 anyone?
8 A By myself.
9 Q You live by yourself?
10 ; A Um-hum.
11 Q Do you have any children?
12 A No children.
13 Q When you say your family purchased 4 Christian
14 Court, did they live there with you for a
15 period of time?
16 A Yes. Most of our family stay there before.
17 Q Do you know who when you first moved in?
18 A Myself, my sister Iris, my parents. Four of
19 us most of the time.
20 Q Have you from the time that the family
21 purchased 4 Christian Court right through
22 today, have you continuously lived there?
23 A Yes. I'm still there.
24 Q Are you familiar with why we are here today
LAURA A. COUCH
(518)495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
8
..
HUA LU - BY
1 {LI MR. BRENNAN}
2 in terms of the lawsuit?
3 A I'm not quite sure, but I know you want to
4 ask some questions.
5 Q Sure.
6 I want to show you what was previously
7 marked as Defendant's Exhibit A of
8 yesterday's date. Just take a second. I
9 just want you to generally familiarize
10 yourself with it and let me know when you are
11 ready. If you need to review it as I ask you
12 questions, just let me know. It is not a
13 memory test or anything like that. My first
14 question will just be if you know what that
15 is?
16 A This is a verified complaint.
17 Q Have you ever seen it before today?
18 MR. CRAIN: She still hasn't had a
19 . chance to look at it yet.
20 A I don't recall, sir-
21 Q Pardon?
22 (Whereupon, the answer was read
23 back.)
24 Q Are you listed as a plaintiff in that
LAURAA- COUCH
(518)495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
9
- BY
1 {LI HUA LU MR. BRENNAN}
2 complaint?
3 A Yes. My name is on it.
4 Q Were you aware that you were a plaintiff in
5 this action?
6 A Yes.
7 Q Did you review anything in preparation for
8 your testimony today?
9 A Just a little bit. Just, you know, abme
10 things.
11 Q What did you review?
12 A Just the papers. It is not the same papers
13 though.
14 Q Do you know what papers you reviewed?
15 A I don't know the name. I don't remember.
16 Q Did you keep those papers together in any
17 way?
18 A Iris has the papers. I don't have the
19 papers.
20 Q Iris has the papers that you reviewed?
21 A Yes.
22 Q When did you review these papers in preparation
23 for today's testimony?
24 A I just read it over. I don't remember.
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
10
- MR.
. 1 {LI HUA LU BY BRENNAN}
2 Q I'm just asking when, not what specifically
3 you read, just when this occurred?
4 A Today.
5 Q Today?
6 A Maybe yesterday a little bit.
7 Q Do you know any of the papers? I understand
8 there are a few of them. Could you identify
9 any of them?
10 MR. CRAIN: Objection. She already
11 answered that question.
12 MR. BRENNAN: I don't know that she
13 did.
14 A Just this.
15 Q The complaint you reviewed?
16 A Yes.
17 Q Do you recall anything aside from the complaint
18 that you reviewed?
19 A What on the other side?
20 Q Aside. I understand you know that you
21 reviewed that. What I'm asking is if there
22 are any other document that you recall
23 reviewing?
24 A No, not really.
LAURAA. COUCH
(518)495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
11
._
HUA LU - BY
1 {LI MR. BRENNAN}
2 Not or --
Q really
3 A I just spoke to Iris. She said you have to
4 go there, they are going to ask you some
5 questions. But I don't remember all the
6 things.
7 Q You spoke with Iris in preparation for your
8 testimony today?
9 A She asked me to come over to testify. I
10 wasn't want to come but she say you have to.
11 Q What did you discuss with Iris?
12 MR. CRAIN: Outside of --
13 A Nothing. She just talking. She is under
14 stress, so she keep talking about the things
15 that happen. It is too overwhelming for her
16 and she has been crying, too. I kind of feel
17 sorry for her, but she said well, you don't
18 speak out, they don't know. That is why I'm
19 here today. I really want to communicate
20 with my parents, my father. I wasn't able
21 to.
22 Q When you say you weren't able to, why weren't
23 you able to?
24 A I called back in 2015. I tried to call my
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
12
- BY MR.
. 1 {LI HUA LU BRENNAN}
2 sister. He is there but he won't answer my
3 phone call.
4 Q Prior to, say, April of 2015 when was the
5 last time you spoke with your father?
6 A Around a year. It is pretty disturbing, you
7 know, when you can't talk to your own father.
8 Q I know but what I'm asking is this dispute
9 started in April 2015.
10 A I asked them both to talk, my other sister in
11 Long Island to talk to Iris, also my father,
12 he said he made a mistake doing those, you
13 know, couldn't understand. He asked me what
14 to do. This was back in 2015, around July,
15 but he was -- he was stressed too.
very out,
16 I say if you want to take care of the
17 , problem, call Iris. But then there is my
18 other sister. She kind of stop him to do
19 that. Even stop answering my phone call.
20 That is why we couldn't communicate. I
21 really asked him to sit down and talk. You
22 know, somebody has to come up with the
23 answer, you know, with these kind of problems.
24 Q I'm going to ask that you wait for a question
LAURA A. COUCH
(518)495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
13
LU - MR.
. 1 {LI HUA BY BRENNAN}
2 before you talk.
3 MR. CRAIN: She is going to answer
4 your questions as she sees fit.
5 A I'm nervous, sir.
6 Q Let me get a question out, that's all.
7 A I know you are a nice guy, sir.
8 MR. CRAIN: She is very nervous.
9 Q I'm trying. I'm trying.
10 A You a nice guy.
11 Q Thank you. I am trying.
12 So just to -- let's just to follow
try try
13 that, I'll ask a question and you give an
14 answer if you can. I understand .you are
15 nervous, and that is fine. I'll try to
16 remind you and we will try to work together.
17 Okay?
18 A All right.
19 Q So before 2015 were you aware that your
20 father was living in Taiwan?
21 A Yes.
22 Q Then around April 2015 he returned to the
23 United States. Were you aware of that?
24 A Nobody knew, but later on found out from my
LAURA A. COUCH
(518)495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
14
1 {LI HUA LU - BY MR. BRENNAN}
2 sisters.
3 Q Do you know when you found out he had
4 returned?
5 A She actually was talking to me. She wanted
6 me to go against Iris.
7 Q We are using she, and that is okay, but I
8 just want to make sure I'm understanding.
9 When you say she asked me to go against Iris,
10 are you referring to your sister Wen Ying
11 Gamba?
12 A Wen Ying.
13 Q Do you know when that conversation happened?
14 A I was talking to her, you know, probably
15 before anything happened. We were
16 communicating. I can speak to her for a
17 couple hours each·day.
18 Q So you talked to her pretty regularly before?
19 A Yeah. I kind of know her. She said those
20 property doesn't belong to her, she knows.
21 She couldn't handle the property. It is not
22 hers. And then I said --
23 Q Hold on. Hold on.
24 A Sorry to interrupt you.
LAURA A. COUCH
(518) 495-3830
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
15
LU - MR.
1 {LI HUA BY BRENNAN}
2 Q This is just for instruction.
3 MR. BRENNAN: And you can jump in
4 if you want.
5 Q What is going on here is when we are talking
6 she is trying to type every word that we are
7 saying. So if she stops and says hold on or
8 I didn't understand you, what we would like
9 for you to do is the best that you can repeat
10 whatever it is the last sentence or whatever
11 it is she tells you she had trouble
12 understanding. Okay?
13 THE WITNESS: Do I speak too fast
14 for you? I will slow down.
15 REPORTER: Thank you.
16 (Whereupon·, the last question and
17 answer were read back.)
18 A We were like friends.
19 Q Ready? Go.
20 A They ask Iris to manage the accounting. I'm
21 not acdounting numbers. She is handling all
22 the things. So that wouldn't be right. I
23 told her. She want me to go against her.
24 There is no way that could happen.
LAURAA. COUCH
(5118)495-3880
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021
16
HUA LU - BY
1 (LI MR. BRENNAN}
Preview
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 1 2 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA 3 4 WEN MEI LU, CHIN CHUNG LIN LU, LI HUA LU and LU HOLDING, LLC, 5 Plaintiffs 6 -v- Index No.: 2016-2946 7 WEN YING GAMBA, YUEN HSIANG LU, and WEN FU LU, 8 Defendants. 9 ___________________ _____--_________-____-- 10 SUPREME COURT OF THE STATE OF NEW YORK 11 , COUNTY OF SCHENECTADY 12 WEN YING GAMBA, AS AGENT FOR YUEN HSIANG LU, 13 Plaintiff, 14 15 WEN MEI LU, a/k/a IRIS LU WHITNEY, 16 Defendant. 17 __-___-______--- --__- ______-____________ 18 EXAMINATION BEFORE TRIAL LT HUA LUp-held 19 before Laura A. Couch, a Shorthand Reporter 20 and Notary Public in the State of New York at 21 the offices of Whiteman, Osterman & Hanna, 22 LLP, One Commerce Plaza, Albany, New York, on 23 Tuesday, January 29, 2019, commencing at 24 12 noon. LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 1 RECEIVED NYSCEF: 09/03/2021 1 2 1 2 APPEARANCES: 3 WH I TEXAN I OSTERHAN & HANNAH ~ LLP Attorney for Plaintiffs in Saratoga Action 4 and De f endant in Schenectady Action One Commerce Plaza 5 Albany, New York 122 60 BY: JON K. CRAIN „ESQ. 6 PHELAN, PHELAN & DAN EK, LLP 7 Attorney for Defendants in Saratoga Action and Plai nti f f s in Schenectady Action 8 300 Great Oaks Boulevard, 4315 Albany, New York 12203 9 BY: TIMOTHY S. BRENNAN, ESQ. 10 ALSO PRESENT; GABRIELLA R, LEVINE, ESQ. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ( LAURA A, COUCH (5>8) 495-8830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 3 1 2 3 S T I P U L A T I O N S 4 5 6 It is hereby stipulated and agreed by and 7 between the attorneys for the parties hereto 8 that the filing, sealing and certification of 9 the within deposition are waived; that all 10 objections, except to the form of the 11 question, are reserved to the time of trial; 12 that the within deposition may be signed and 13 sworn to before any Notary Public; and that 14 the attorney for the examining party shall 15 furnish one copy of the within deposition to 16 the attorney for the party examined, without 17 charge.. 18 19 20 21 22 23 24 LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 4 HUA - . 1 {LI LU BY MR. BRENNAN} 2 LI HUA LD, 3 having been first duly sworn by the Notary 4 Public, was examined and testified as follows: 5 EXAMINATION BY MR. BRENNAN: 6 Q Good afternoon, Patty. How are you? 7 A Good afternoon, sir. Nice meeting you. 8 Q Nice meeting you. 9 Do you mind if I call you Patty? 10 A Sure. 11 Q Before we get started I want to give you a 12 couple of ground rules. They are pretty 13 simple. Just let me know if you don't 14 understand any of them. Okay? 15 A Okay. 16 Q First, I ask that you not to talk at the same 17 time as I'm talking. As you can see we have 18 a stenographer here. She is good, but she 19 can't take us both down at the same time. 20 A Okay. 21 Q I also ask that you try to make sure all of 22 your answers are verbal so that she can take 23 them down. No nods, no gestures, no grunts 24 like um-hum or unt-uh or anything like that LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 5 - BY MR. . 1 {LI HUA LU BRENNAN} 2 that is subject to interpretation. 3 A Okay. 4 Q And the reason for that is simply we just 5 want to know what your responses are. Okay? 6 A Yes. 7 Q I'd ask if you don't understand a question 8 that I ask at any point in time, let me know 9 and I'll be happy to work you through it, 10 rephrase it, make sure you understand it 11 before you answer it. Okay? 12 A Sure. 13 Q If you need a break at any point in time, let 14 me know and I'll be more than happy to 15 accommodate you. My only rule in that regard 16 is I would ask for you, if there is a 17 | question pending, answer that question and 18 then we can take a break. Okay? 19 A Correct. 20 Q Have you ever given testimony before? 21 A Not really. 22 Q Can you try to keep your voice up just a 23 little bit? 24 A Not really. LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 6 HUA - BY 1 {LI LU MR. BRENNAN} 2 Q Not really? 3 A No. 4 Q What is your educational background? 5 A I studied art, 6 Q Did you go to college? 7 A Yes. I went to SUNY Albany. 8 Q Did you go right after high school? 9 A Right after high school. 10 Q Did you graduate? 11 A Yes, I did. 12 Q Approximately what year? 13 A In the '90s. 14 Q In the '90s? 15 A Yes. 16 Q What is your date of birth? 17 A July 16, 1967. 18 Q Have you ever been married? 19 A No. 20 Q Where do you live? 21 A I live in Albany, New York. 22 Q At 4 Christian Court? 23 A At 4 Christian Court. 24 Q How long have you lived there? LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 7 LU - 1 {LI HUA BY MR. BRENNAN} 2 A Since we bought the house. 3 Q And when you say we, who are you referring 4 to? 5 A Our family. 6 Q And who lives with you there currently, 7 anyone? 8 A By myself. 9 Q You live by yourself? 10 ; A Um-hum. 11 Q Do you have any children? 12 A No children. 13 Q When you say your family purchased 4 Christian 14 Court, did they live there with you for a 15 period of time? 16 A Yes. Most of our family stay there before. 17 Q Do you know who when you first moved in? 18 A Myself, my sister Iris, my parents. Four of 19 us most of the time. 20 Q Have you from the time that the family 21 purchased 4 Christian Court right through 22 today, have you continuously lived there? 23 A Yes. I'm still there. 24 Q Are you familiar with why we are here today LAURA A. COUCH (518)495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 8 .. HUA LU - BY 1 {LI MR. BRENNAN} 2 in terms of the lawsuit? 3 A I'm not quite sure, but I know you want to 4 ask some questions. 5 Q Sure. 6 I want to show you what was previously 7 marked as Defendant's Exhibit A of 8 yesterday's date. Just take a second. I 9 just want you to generally familiarize 10 yourself with it and let me know when you are 11 ready. If you need to review it as I ask you 12 questions, just let me know. It is not a 13 memory test or anything like that. My first 14 question will just be if you know what that 15 is? 16 A This is a verified complaint. 17 Q Have you ever seen it before today? 18 MR. CRAIN: She still hasn't had a 19 . chance to look at it yet. 20 A I don't recall, sir- 21 Q Pardon? 22 (Whereupon, the answer was read 23 back.) 24 Q Are you listed as a plaintiff in that LAURAA- COUCH (518)495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 9 - BY 1 {LI HUA LU MR. BRENNAN} 2 complaint? 3 A Yes. My name is on it. 4 Q Were you aware that you were a plaintiff in 5 this action? 6 A Yes. 7 Q Did you review anything in preparation for 8 your testimony today? 9 A Just a little bit. Just, you know, abme 10 things. 11 Q What did you review? 12 A Just the papers. It is not the same papers 13 though. 14 Q Do you know what papers you reviewed? 15 A I don't know the name. I don't remember. 16 Q Did you keep those papers together in any 17 way? 18 A Iris has the papers. I don't have the 19 papers. 20 Q Iris has the papers that you reviewed? 21 A Yes. 22 Q When did you review these papers in preparation 23 for today's testimony? 24 A I just read it over. I don't remember. LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 10 - MR. . 1 {LI HUA LU BY BRENNAN} 2 Q I'm just asking when, not what specifically 3 you read, just when this occurred? 4 A Today. 5 Q Today? 6 A Maybe yesterday a little bit. 7 Q Do you know any of the papers? I understand 8 there are a few of them. Could you identify 9 any of them? 10 MR. CRAIN: Objection. She already 11 answered that question. 12 MR. BRENNAN: I don't know that she 13 did. 14 A Just this. 15 Q The complaint you reviewed? 16 A Yes. 17 Q Do you recall anything aside from the complaint 18 that you reviewed? 19 A What on the other side? 20 Q Aside. I understand you know that you 21 reviewed that. What I'm asking is if there 22 are any other document that you recall 23 reviewing? 24 A No, not really. LAURAA. COUCH (518)495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 11 ._ HUA LU - BY 1 {LI MR. BRENNAN} 2 Not or -- Q really 3 A I just spoke to Iris. She said you have to 4 go there, they are going to ask you some 5 questions. But I don't remember all the 6 things. 7 Q You spoke with Iris in preparation for your 8 testimony today? 9 A She asked me to come over to testify. I 10 wasn't want to come but she say you have to. 11 Q What did you discuss with Iris? 12 MR. CRAIN: Outside of -- 13 A Nothing. She just talking. She is under 14 stress, so she keep talking about the things 15 that happen. It is too overwhelming for her 16 and she has been crying, too. I kind of feel 17 sorry for her, but she said well, you don't 18 speak out, they don't know. That is why I'm 19 here today. I really want to communicate 20 with my parents, my father. I wasn't able 21 to. 22 Q When you say you weren't able to, why weren't 23 you able to? 24 A I called back in 2015. I tried to call my LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 12 - BY MR. . 1 {LI HUA LU BRENNAN} 2 sister. He is there but he won't answer my 3 phone call. 4 Q Prior to, say, April of 2015 when was the 5 last time you spoke with your father? 6 A Around a year. It is pretty disturbing, you 7 know, when you can't talk to your own father. 8 Q I know but what I'm asking is this dispute 9 started in April 2015. 10 A I asked them both to talk, my other sister in 11 Long Island to talk to Iris, also my father, 12 he said he made a mistake doing those, you 13 know, couldn't understand. He asked me what 14 to do. This was back in 2015, around July, 15 but he was -- he was stressed too. very out, 16 I say if you want to take care of the 17 , problem, call Iris. But then there is my 18 other sister. She kind of stop him to do 19 that. Even stop answering my phone call. 20 That is why we couldn't communicate. I 21 really asked him to sit down and talk. You 22 know, somebody has to come up with the 23 answer, you know, with these kind of problems. 24 Q I'm going to ask that you wait for a question LAURA A. COUCH (518)495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 13 LU - MR. . 1 {LI HUA BY BRENNAN} 2 before you talk. 3 MR. CRAIN: She is going to answer 4 your questions as she sees fit. 5 A I'm nervous, sir. 6 Q Let me get a question out, that's all. 7 A I know you are a nice guy, sir. 8 MR. CRAIN: She is very nervous. 9 Q I'm trying. I'm trying. 10 A You a nice guy. 11 Q Thank you. I am trying. 12 So just to -- let's just to follow try try 13 that, I'll ask a question and you give an 14 answer if you can. I understand .you are 15 nervous, and that is fine. I'll try to 16 remind you and we will try to work together. 17 Okay? 18 A All right. 19 Q So before 2015 were you aware that your 20 father was living in Taiwan? 21 A Yes. 22 Q Then around April 2015 he returned to the 23 United States. Were you aware of that? 24 A Nobody knew, but later on found out from my LAURA A. COUCH (518)495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 14 1 {LI HUA LU - BY MR. BRENNAN} 2 sisters. 3 Q Do you know when you found out he had 4 returned? 5 A She actually was talking to me. She wanted 6 me to go against Iris. 7 Q We are using she, and that is okay, but I 8 just want to make sure I'm understanding. 9 When you say she asked me to go against Iris, 10 are you referring to your sister Wen Ying 11 Gamba? 12 A Wen Ying. 13 Q Do you know when that conversation happened? 14 A I was talking to her, you know, probably 15 before anything happened. We were 16 communicating. I can speak to her for a 17 couple hours each·day. 18 Q So you talked to her pretty regularly before? 19 A Yeah. I kind of know her. She said those 20 property doesn't belong to her, she knows. 21 She couldn't handle the property. It is not 22 hers. And then I said -- 23 Q Hold on. Hold on. 24 A Sorry to interrupt you. LAURA A. COUCH (518) 495-3830 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 15 LU - MR. 1 {LI HUA BY BRENNAN} 2 Q This is just for instruction. 3 MR. BRENNAN: And you can jump in 4 if you want. 5 Q What is going on here is when we are talking 6 she is trying to type every word that we are 7 saying. So if she stops and says hold on or 8 I didn't understand you, what we would like 9 for you to do is the best that you can repeat 10 whatever it is the last sentence or whatever 11 it is she tells you she had trouble 12 understanding. Okay? 13 THE WITNESS: Do I speak too fast 14 for you? I will slow down. 15 REPORTER: Thank you. 16 (Whereupon·, the last question and 17 answer were read back.) 18 A We were like friends. 19 Q Ready? Go. 20 A They ask Iris to manage the accounting. I'm 21 not acdounting numbers. She is handling all 22 the things. So that wouldn't be right. I 23 told her. She want me to go against her. 24 There is no way that could happen. LAURAA. COUCH (5118)495-3880 FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 09/03/2021 16 HUA LU - BY 1 (LI MR. BRENNAN}