Party Discovery: 6654 NW 27 AVENUE LLC V PINCUS CAPITAL LLC

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 80998329 E-Filed 11/19/2018 02:45:08 PM.

IN THE CIRCUIT COURT OF THE
15" JUDICIAL CIRCUIT IN AND FOR

PALM BEACH COUNTY, FLORIDA
Case No.: 50-2017-CA-013348-XXXX-MB (AD)

6654 NW 27 AVENUE LLC, a Florida limited liability company,

Plaintiff/Counter-Defendant,
ve

PINCUS CAPITAL LLC, a Delaware limited liability company,
MARK BENUN, an individual,

Defendants/Counter-Plaintiffs,

THE BANYANS AT BROKEN SOUND PROPERTY OWNERS’

ASSOCIATION, INC., a Florida not-for-profit corporation,
COUNTRY CLUB MAINTENANCE ASSOCIATION, ING., a
Florida not-for-profit corporation, Unknown Parties in Possession,
if living, and all Unknown Parties claiming by, through, under or
against the above named Defendant(s), who are not known to be

am Davtian maw alates nm fou
dead or ir alive, w whether caid Unknown D erties may Intent

as Spouse, Heirs, ‘Devisees, Grantees or Other Claimants,
Defendants,

 

v.
LAWRENCE SHAPIRO, an individual,

Additional Counter-Defendant.
: . -/

.NOTICE OF FILING TRANSCRIPT OF

~ -DEPOSITION.OF MARK BENUN
The Piainiifi/Counter-Defendants, 6654 NW 27 AVENUE LLC (“6654”) and
LAWRENCE SHAPIRO (“Shapiro”), by and through their undersigned attorneys, hereby give

 

CHEN. DAIAARCACUAAIINTY Cl CUADAND ANY FLEDY 4414010019 N9-AE-Ne DAA
PILL. PAL BLAU VUUINE TT, FL, OHI. DUUN, ULE, Fiore 1u ue.tu.0U Fivenotice that they have filed with the Clerk of Court the attached Deposition of MARK BENUN,

taken on September 26, 2018.!

_CERTIFICATE OF SERVICE,

THERERY CERTIFY that a eony of the foreoning has heen served via email on Stuart

Seven vie Un weuare

J. Zoberg, Esq., [szoberg@shirlawgroup.com] [office@shirlawgroup.com], Shir Law Group,

P.A., Attorneys for Pincus Capital LLC and Mark Benun, 1800 NW Corporate Bivd., Suite 200,
Boca Raton, FL 33431, Katherine C. Nuckolls, Esq., [knuckolls@randallkroger.com], Andrew

G, Elliott, Esq., [aelliott@randallkroger.com] [marie@randallkroger.com], Randall K. Roger &
Associates, P.A., Attorneys for Country Club Maintenance Association, Inc., 621 NW 53" Street,
Suite 300, Boca Raton, Florida 33487, on this 19 day of November, 2018.

SHAPIRO, FISHMAN & GACHE, LLP

  

Attorneys for the Plaintiff

2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431

(561) 287-5599 (phone)

(561) 287-5589 (fax)

By: Als ="

; |M,.Gaché, Esq.
Florida Bar No. 699306
rgache@logs.com
Scott A. Simon, Esq,
Florida Bar No, 0088676
ssimon@logs.com

! The Plaintiff/Counter-Defendants include Exhibit “1” referenced therein.

210
11

12
13 |!
14

15
16 |

17

18
19}
20 |
21
22 |
23
24
25

 

Page 1

IN THE CIRCUIT COURT OF THE

15TH JUDICIAL CIRCUIT IN AND FOR

PALM BEACH COUNTY, FLORIDA

Case No.: 50-2017-CA-013348-XXXX-MB (AH)
6654 N.W. 27 AVENUE, LLC,

a Florida limited liability company,

Plaintif£,

TT. 9 Nealauara
eeuty aw, GH weLanaLe

 

 

limited liability company,

MARK BENUN, an individual,

THE BANYANS AT BROKEN SOUND

PROPERTY OWNERS' ASSOCIATION, INC.,

a Florida not-for-profit corporation,
Defendants.

Tee ___ /

Shapiro, Fishman & Gaché

2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431

Wednesday, 10:23 a.m. to 4:24 p.m.

September 26, 20198

DEPOSITION OF MARK BENUN
IN HIS INDIVIDUAL CAPACITY
AND AS
CORPORATE REPRESENTATIVE OF PINCUS CAPITAL, LLC

Taken on behalf of the Plaintiff, before
Janet S. Lawder, Court Reporter and Notary Public in and
for the State of Florida at Large, pursuant to Re-Notice
of Taking Deposition in the above cause.

 

 

 

800-726-7007

Veritext Legal Solutions

305-376-8800Page 2!

 

Shap Pinas LL?
4 2424 Nowth Federal Highway, Suto 360
Boca Ratoo, Florida 33431
S)_ mache@lors.con
! 6 POR THE DEFENDANTS PINCUS CAPITAL, LLC AND MARK BENUN:
7 STUART J. ZOBERG, ESQ,
Shir Law Group, P.A,
1800 N.W, Corporate Boulevard. Suite 200
Boos Raton, Florida 33431
419 seoberg@ehirtawgroup.com
10 ALSO PRESENT:
AL Sera Ptashik
Deana Clark

R
13
Mu
Is
7
18
iy
0
a
2
3
“a
2

EXAMINATION
‘Examination by Mr. Gaché,

 

Piaintiff'a Exhibit 2.
| 6 Conplnat to BaGave ident Agvet nd
fob asco rer ea oa

 

bs a abe iar Mac
1M. Gaché

 

i tod Ricard Mando

 

 

 

1 EXHIBITS (CONTD)
2 Plaintiff's Exhibit 12. oe
Promissory Note dated 9/26/16

 

2
3 having been first duly swom, was examined end testified
4 as follows:

MARK BENUN,

5 DIRECT EXAMINATION

8 BY MR. GACHE:

7 Q, Okey, State your nams fortis recon, I

8 A. Mark Benun.

9 Q. Mr. Benn, beve you ever gone by any other name? |
No A. No. 1
11 Q And have you ever bean deposed before?

122 A No
13° Q Never? |
14 A No.

Ns a of

Okay Sa Tim anina tn he actine wan ©
eg

Okay. Sot bo aking yous Scines Ge
16 questions today regarding the issues in this lawsuit, and
7 you need to answer everything audibly as opposed to s nod
18 ofthe head because the court reporter's taking down.

19 everything you ssy.

20 ‘You were just sworn in, so everything has to be

21 truthful under penalty of perjury, end so you want to make
22 sure you understand my question. If you don't understand
23 it ask me to revest it or rentirase it, Tf vam answer i¢

24 I'm going to assume that you understood the question.

25 Okey?

 

 

 

"2 (Pages 2-5)

Veritext Legal Solutions

800-726-7007

 

305-376-88006 though it sounds like a yes, I'm going to ask you, far the
|? record, to be clear. Okay?

8 A. Yes.

19 Q. Pirst, s matter of just housekeeping. 1 think

10 your attorney and 1 agreed thet I've asked to take the

11 deposition of the representative of Pincus Capital who is
12 the most familiar with the issues related to the

13 acquisition of the property at 6654 N.W. 27th Avenue io

Page 8

Page 6
11 A. (Witness nodded head.) 1 concerned?
2 Q Youjust nodded your head. You have to ssy yes 2 A, would say 1 spend about a week in Manhattan a|
3 orno. 3 month,
| 4 A. Yes. ! 4 Q, So three weeks a yeer you're living physically in
3 Q. Ifyou say vh-buh, I may say ja that a yes, even 5 that house?

6 A. Three weeks a month.
''7 Q. Sorry. Three weeks a month you're living in that!
8 house?
9 A, Right. Fotentially another three davs in New
lt0 York,
'11  Q. So three to seven days in New York?
12 A. No. Seven to 10 out of 30, but no more. I'm on
hs 8 50/50 split with my son.

14 Boca. I msy just call that the 6654 property during the 14 Q. What does that mean?
|| 15 deposition, You'll know what I'm talking about? 15 A. Thave 50 percent time sharing.
16 A, Right. 16 Q. Helives down bere?
17 Q, And the person who knows the mostaboutentering ||17 A. Yes.
18 into the promiszory nots for Pincus for that house, the n 18 Q. Who does he live with when be’s not with you?
[9 ersoo who knows about whether the note and mortgage have|19 A. His grandmother.
20 been paid for that house, and the person who knows about |20 Q. Where is she? Just what city?
|| 21 the claim of purported usury. | 21 A. Boca.
[22 A. Right. 22 Q. Sohe’s with his grandmother. 1s that your mom?
23° Q. The person who knows shout certain violations of 23° «A. Now
24 Chapters 494 and 697, the lack of standing, breachea of 24 Q. That's his mother’s mom?
|25 the note and mortgage, any uoclean band defenses, andthe |25 A. Yes. I

 

1 rights to ectoff. Those are all things alleged in the
2 lawsuit.
3 Would you be that person on behalf of Pincus who
4 would know the most about those issues?
| 5A. Yes.
6 Q. I've also asked to take your deposition in your
17 individual cananity hananea unnien 9 onarantne am the
+ Mirae Sepmcny owe Jou ive Bumunin uu way
! & note, correct?
9 A. Yea,
110 MR. GACHE: So can we agree, Mr. Zoberg, that
(boa this deposition will be taken in both capacities at
12 once 801 don't have to take e whole second deposition
13 after this?
14 MR. ZOBERG: Yea,
15 BY MR. GacHE:
16 Q. Sonow that wo're taking this deposition in both
1| 17 espacities, we're going to get started,
18 Mr. Beoun, where do you currently reside?
1]19 A. Florida,
20 =Q. What'ayour address?
21 A. 6654.N.W. 2?th Avenue, Boca Raton, Florida.
22 Q. So you live in the 6654 property that's the
23 sublect of this lawsuit?
24 A. Correct.
25 _Q. How often do you live there as fur as the year is

 

Veritext
800-726-7007

Page 7|
|

= Tod
1 Q. Sohw'swith his mother’s mom atahomeinBoca ||
2 when you're not in Florida?

3 A. Yes,

4 Q And then when you're in Florida, he actually has
5 a room at your house and lives with you there7

won

 

| 9 Q Tassume he attends school?

20 A. Yes.

11 Q. Where do you live in New York? What is your
12 address, please?

lis A. 40 East 6let Street,

14 Q Do you own that or rent that?

12 A Dae

 

Rad Q._ Do you own or rent any other properties that you
17 reside in?

18 A. No.

19 Q Doyou leave a car down here?

20° A. Yea.

21° Q. That house at 6654, thet'a in Broken Sound,

22 correct?

9% A Corrant

24 Q. Doyou know if you're current with all the

 

|| 25 assessments and HOA foes and everything that would come.
3 (Pages 6 - 9)

 

Legal Solutions
305-376-8800$

). What's owing right now?
I think I'm -~ I just sent out the -- what is it

Right, Is it moothly or quarterly?
Quarterly.

So vou seat it out for the cuarter that’s owed?

Yeeh.

How about the club? Do you owe the club any

12 money? ;

13" MR.ZOBERG: I'm going to objact to the form.

14 BYMR.GACHE; ,

15 Q. Goahead. You can answer. Ob, I didn't tell

16 you. Sometimes, if your attomey wants to interpose an

1? obiection, he gets to internose the objection hefore von I!
[| 18 answer, but then the court has asked us to keep going and |
|) 19 then we ean Inter address the objection, unless ha

20 instructs you specifically not to answer.

\jaa How about the club? Are they current?

22 A. I punished the efub.

23 Q. Whstdons that mean? |
24 A. Tliexplain it ifyou want.

125 Q. Sure. i

Pago 11

ororokper
i
i

 

 

1 A. I spent s few thousand s month there --

2° Q. Charges, you moan?

3 A. Charges. I was paying currently, and then about, =|
| 4 T would say March of 2018, my soa went to get water or
| 5 something and they wouldn't giva It to him. 1 was about

6 10 days Iato at that time on about $ grand.

2 0 Ue att tn tant hat
pi & YOu fica Os Went to go get SOMIeUUg inal OS naw

8 to charge for and they declined bin?

9 A. Yeah. So then I told them whet would happen and
10 that’s where we are.

21 Q. Whatdo youmean? What did you tell them?

12 A. [haven't paid them,

13° Q. No. What did you mean I told them whet would
14 happen? Meaning I'm not going to pay you?

V6 MP_TORTDA. Ta the Sanda antetnce sence Ban =
ins TA OUuGRG: 10 Hiv Cale Hag BSAuig YOU UF &

16 legal conclusion -- I'll just state for the record the

1? club is sucd, right, they're claiming a certain amount
18 due, we're going to respond, I don't believe the
lawsuit is valid, but 1 doo't know why thet's relevant
20° tohere.

21 BY MR.GACHE:

22 Q. I dido't know the club had sued you, but you can
1198 site bout t, So the
24 far, so you're currently in litigation with them?
25 A Yes. Le

S

  
   

 

 

Ili

Page 12. |
a How: Taal ore they alaimine to awed?
@ ey Claiming is owed?

A. About 20 grand.
Q. Incharges?

A. No,
| 5 Q Inwhat?
| 6 A. Ithink membership potentially, there were some
? payments after the 40 grand. 1 don't know what I paid on
8 the membership. There was an installment plan thet went
9 on the eluh — 1 donit Imow exactly, I'd hava to lank ot
|10 the records, !
11 Q. Did they lay it out in the lawsuit, I would
12 assume, what you owe?
13. A. Fotentially.
14 Q IsMr. Zoberg representing you in that case?
15 MR. ZOBERG: 1 will be. It's just recently
16
W

Une

 

19 MR. GACHE: The reason ithas some relavance is |

20 because if'the lender takes back the house, there's
21 some obligations that they may heve to incur,

22 MR.ZOBERG: I'll help you out. The club

23 mambership is totally illegal. We won a case similer
24 ~~ to that in the past. ee reasons the house is

   

7 Page 13

MR. GACHE: Let's save those types of comments
for another day or off the record. For now, I'm just |
giving you the general relevancy, even though I'm not
obligated to, and that’s because ~

THE WITNESS: Ron, am J allowed to ask you
questions?

MR. GACHE: Notioday. Gifine record you can
ask me whatever you want, but! need to finish all of
mine first.

10 BY MR. GACHE:

11 Q. So the elub is suing you, and 1 assome your I
12 privileges are suspendad at this point?

83 A. Idon'tgo there.

14 Q _You don't go and you don't use it, okay.

13 Bur ine maintenance Tor tie HOA, that youre

16 trying to keep current?

17 A. Yeah,

18 Q. Do you owe any outstanding property taxes on the
19 property, as far as you know?

20 A. Idon'tknow.

21 Q. Do you bave homeowners insurance oa the property?
22 A. Idon'tknow,

COVRPAKRWNE

 

 

 

 

4 (Pages 10 - 13)

Veritext Legal Solutions

800-726-7007

305-376-8800Page 14
1 Q Do you live ia that 6654 house with anybody else '
2 besides your son?
13 A No,

4 Q. So we're going to start with some background.

3 Okay? That's typically how these things work. Where did
6 you go to high school?

A. Dwight

Q What city?

|

And did you attead college?

Yee,

Where?

NYU.

Did you gat s degree?

No,

How many yaars were you there?

Two,

Q. Do you hold any degrees or Licenses of any kind
19 other than a driver's license?

20 A. No,

} 21 Q. Have you ever held any type of real estate

|| 22 license or brokerage licensce?

||23 A. Yeah, 1 bave s ~1'm in the middle of ~ I'm in
24 the middle of - 1 don't know how you would word it. I
25 had g partial hourly course on the real estate licensing,

POPOPOPO

= Pago
1 Q. You only do deals for vonrself I acmrme?

2 A. Correct.

3 Q. Let's talk about your experience in real estate.

4 Has thst been your main area of profession for the last 25

5 years?

6 AL Yes,

7 ~~ Q. Describe for me some of the work you've done in

8 the real estate field over the last 25 years; in othor

9 words, your real astate exnerience.

10 A For what reason? |

 

1b Q You mean why are I asking you?
2 AL (Witness nodded bead.)

13 Q_ Because 1'm entitled to know your hackground,
14 Tm entitled to know what you know in the real estate
3 world, whet you've done,

"6 A. Fair enough,

i Q. Ihave some articles that I've oulled that talked
‘is about you as real estate person, so I'm going to ask you
19 some questions about that. We're just working our way
20 into that.

21° A, I work with some very ~I cater solely to some .
22 very high net worth individuals that are experienced in
23 buying triple net leases, An example would be over the
24 last quarter, let's say, to two quarters, like g Rite Aid,

25 let's say, on Bradway in Manhattan will nav in

 

 

Poge 15

1) Q In Plorida?

2° A. New York City, That was taken prior to a few
3. occesions in my life, and I'm working on getting it

4 solidified so that -- that's what I'm working on.
1 $5  Q. So you're working towards getting a real estete
| 6 license in the state of New York?
7 A. Commect.
8 Q. Butyou've not ever actually obtained a license
9 in either New York or Florida?
'10 A. Yes, A sales agent's license in New York.
Q. You did?
A. Yer.

Q. Butit’s not in good standing now?
A. Most of what I do doesn't entail licensing if you
15 20 into e deal and it's structured in different wave,

16 ie, it promotes interest, things of that nature. Having

| | 12 said thet, most of the poople I do business with know me
18 for north of 25 years. 1 want to get that for my own

19 self. It's not~ I'm nat your vanilla ~ it's nota

|| 20 vanilla brokerage.

21 Q. So typically someone gets a real estate license

|| 22. when they want to represent other people in transactions. |
23 You doo't represent other neoole in transactions

24 currently, right?

1192
|| 24 my background, if thet'a the avenue you're headed down to.

a Page 17,
1 7 to 800,000 in rent, and that's -- you know, that comes

2 outto, you know, around ~ forgive me, Like most

3 recently, 1 did ¢ Rite Aid thet throws off about 600,000

4 for 10 million. 1 did a—

5 Q. So you mean the acquisition price was 10 million,

6 and It throws off 600,0007

DA Dine Anata tat ot
? Ay Rigi Alouier User igi HOW iL HAVE Space In

8 Bmoklyn, s second floor space that’s worth, to We Work,
9 Iet's say in excess of 200,000 a year in rent. I'm in

10 control of that space, and I'm selling it for a good sum. l
111 I'm in the middia of that. To be honest with you, that’s
112 what 1 was going to come back to once it's done to
|23 solidify s potential deal with your client.

4 MR. ZOBERG: Let's not have settlement

15 dloonestone nn the wenned te m dnc stan
GisCussions CG tis fuccra an & USpUsIUOG,

16 BY MR. GACHE:

17 Q So what I'm beering is that you organize and

18 arrange real estate deals, but for yourself, I'm assuming.

19 When you say you cater to high net worth individuals, in

20 other words, do you bring in investors or do you -- I
21 A. Investors,

22 Q. Soyou try to --

AL And they ell Imow my hastened and ates fae |
oy oat marr ny Dacngrolie ails igi On Oa

 

 

 

 

25 A. No.

25 Q, No, }just want to know what you do for a

 

5 (Pages 14-17)

Veritext Legal Solutions

800-726-7007

305-376-8800i Page 18
1 living. I want to know how you make monev.
2 MR. ZOBERG: He negotiates the leases. Why is
| 3. thet bard to aay?
4 MR. GACHE: Don't answer, Stuart. You now
15 better.
| 6 BYMR. GACHE:
|? Q. Justso you know, the rules of a deposition are
8 your lawyer'a not supposed to suggeat answers to yon, he’s
9 oot sunnosed to sneak for vou. t say
10 "ohjectioo” ithe has an objection. ‘That's the rule. So
1) ifyou hear me arguing with him beesuse I think he's
‘12 speaking too much, it's because we have a rule in these
13 things.
“4 -MR. ZOBERG: I can't help myself.
15 MR. GACHE: But he’s supposed to try.
16 MR. ZOBERG: Ido try.
17 BY MR. GACHE:
18 Q. The same will go when he's taking Deans's \
19 deposition. 1 won't be able to be suggesting things to
20 ber. So we're going to try to keep the playing field
21 level.
22 Getting beck to my area of inquiry, I just want
23 to know what's your expertise in real estate and how do
24 you make a living. Okey? You're saying you find deals,
125 You get investors, and then whet? Do vou cet a pisos of

 

1 tha deal? Do you participate in the incoma?
2 A. So like an exampla would be if I've done, in the
3 last year to yaar and a helf-- let's say I meet aomeone
4 in the industry or | know them for a while. A case in
| 5 point would be most recently there’a a property in
6 Brooklyn, 20,000 square feat of retail, Mendy's and Duane

FD Daada Tirana Danda laf tha tnnntinn Min deta fa tanec!
|) 2 Ria ats non AGRE, ay 6 15 SOV I,

8 the location, and it's 20,000 square feet of retail;

9 however, the price didn't make senss to me, and I was
10 doing business with an elderly fellow thet I dido't want
11 to participate lo knowing anymore becausa I couldn't put
12 that together, It dido't make sense, The cap rate was
13 too aggressive.

14 Q Letme just stop you. That space thet gets

1S shandnnad themate an numar # honata a Innttnet
eM GC ret Mawr e it Urvaivny Hiviw & auTGMIUE

16 A. Sure.
'17 Q. That's cot you, right?

18 A. No.

19 Q. Soyou just see an opportunity. There's an empty
20 space, but there's 8 landlord. Isn't he looking to fill

21 that space?

22 =A. Well, this particular landlord who you're talking
23 shout, he and! have done several nartinuler deals fn the
|| 24 werld, in the country. I know where you're going.

25 Q. Ijustwant to know, are you looking for the

 

Pogo 19 |

caeeeeEEEEee Page 20 |
1 tenant or what are you doing?

| 2 A. No. Sol dido't pay attention to the deal at all

| 3 becsuse it was too agregious, in my opinion, the price;
4 however, he wes mentioning to me that this one sent him an
5 offer for 15, thia ona sent him an offer for 13, thiaons
6 sent him an offer. 1 knew all the guys.
7 Q. Wait. An offerto purchase — I

8 A. Right. |
9 0. Sta mchaca the building?

2 Q. —to purchase the building?
HO A. Right.

11 Q. So the guy loses his tenants, he may want to sell
12 the property, you're ssying?

13° A. Potentially,

14 + Q. Sobe wanted 13 million or 15 million, and you
15 thought that was too high?

16 A. Sure.

17 Q, Go ahead and continue,
18 A Because it had pass-throughs of 400,000 on the

19 building. I
20 Q Gotit.

21° A. You know what pass-throughs are?

22 Q. Iknow. 1 represent a lot of landlords.

23 A. Having said that, my sister's family relative

24 broke up a deal with him at a certain oumber, and at that

 

  

Page 21
1 friend of mine thet I grew up with, we were beving dinner
2 9 few weeks ago in the city, and he said, listen, I heard
3 about thet property in Brooklyn, whatever, try to get it
4 forme for 10 million. [ said itl never happen becsuse,
5 you know, the nurobers are much higher that he thinks he's
6 setting, and {tended up happening.
7 & Biitiow youre talking like you acied as &
& broker, that you put two people together, a buyer and a
9 seller.
10 A. No. What I do is instead of taking # fee, 2
41 don't take a fea, As a broker, I take participation in
‘12. the property without putting up money.
13 MR. GACHE: Time out for e second,
14 Discussion off the record.) |

ae mvam manent.
i329 Da MN. VAUHBI

16 Q. Instead of taking 8 fee = you were going to

17 finlsh the thought. Because you just described putting a
18 buyer and a seller together and they made a deal for 10
19 million.

20 A. I knew where you were going. I'm ahead of you
21 already. So ifwe're going down that road --

22 MR. ZOBERG: Let's take a break,

a2
24‘ MR.ZOBERG: I wantto talk to you right now.
25 Comeoo.

 

 

 

 

 

 

 

 

6 (Pages 18 - 21)

Veritext Legal Solutions

800-726-7007

305-376-8800Page 22
1 MR.GACHE; Forthe record, the lawyer andthe
client just walked out of the room. :
(Recess taken from 10:42 a.m. to 10:43 a.m.)

4 MR.GACHE: Are we back on the record?
5 MR. ZOBERG: Sure,
6 BYMR. GACHE:

2? Q You were describing what sonoded like you putting
8 a buyer and a seller together for a price of $10 million,
9 and then you said instead of taking a fee, which is what a
10 broker would do, and then we got interrupted because I
11) asked you to stop while I dealt with tha TV camera iasue.
12 So go ahead and finish your thought.
13 A. I take participation, and If do take a fee, 1
14 have a lawyer who literally.says that I am not 2 broker
|| 15 and that am hired by X, Y, Z finm asa consultant, And
16 ifit'a signed, whether it's protected or not, ia up to
17 the person that pays me, but they know that 7 am not
18 licensed,
\|19  Q. So you make money here and there; in other words, |
20 there's no - ita not — it's nota steady stream of
|) 21 income, ita when opportunities present themselves, you
22 find a way to participate in the transactioo somehow, but
23 there's never a set date and time when you'm going to get
24 paid any particular amount of money; is that fair?

|] 20 those properties?

— a
A, That's too lane ac.

A, That too long sen.

Q. So over 15 years ago?

3 A, Yeah.

4 Q Leta just focus on betweeo 2010 and 2018, Have

5 you been mostly involved in real estate transactions?

6 A. Yeah,

? Q ~ Would you consider yourself an expert in real

8 estate?

19 A Yes.

10 Q. And do yon think you've been an expert in real

111 estate for aver 10 years?

12. A, Only inNew York, |
13° Q. How many propertins have you purchased in the
14 last 15 years, including the one that we're in this case

15 oa right now? So that would be ons, How many other
16 properties, whether it's New York or Florida, have you
1? purchased?

18 A. Five, six propertice.

19 Q. Howmany times have you borrowed money to buy

!
2

21 A. None,

22° Q. So you've paid cash every time? |
23 A. No~yeah, Yeah.

24 Q. How many mortgages have you ever taken out in

 

 

 

 

 

 

25 I's 2s deals happen, you could have a great 25 your life?
| Page 23 WO Pages
1 month, you conid have no money ina month, You're meking | 1 A. ‘Two or three.
2 it sound like you don't have a steady situation, Its 2  Q. Have you ever worked for any kind of real estate
3 whatever presents itself. Ia that not fair? 3 firm of any kind?
\ 4 A. Wali, 1'm alweya out there and I have a pretty 4 A. Yes.
5 stabla income. 5 Q. What firm?
6 Q. Now, thia work you've been doing in commercial 6 A. Winnick Realty,
‘7 real estate, have vou heen doing it for the last 2€ years? 2S. Witcx?
& This kind of thing you just described over the last two 8 A. Yeah.
9 quartrg, ia this what you've been doing all your life? 9 Q Welnenbe-k? |
10 A. No: 20 A. Yeah.
It Q, What were you doing for the first -- let's say 11 Q. They are in New York?
12 the last 15 years, 20 years, woat bave you been doing? 12 A. Yes,
13 A, Real aatate, 13° Q. What years were you working with Winnick?
||14 Q. But deals like you just described where you put 4A, 1 think '03 for ahout a yoar,
1115 people tovether ~ if Andthats £?
"lie A. Smaller ones. 16 A, That's it. 1 had my own companies,
\]1? Q. —-perticipate in it, take a fee, whatever it 17 Q. Havo you had real estate companies since then?
18 might be? 18 A. Yes,
19 A. Yeah, 19 Q. And what's the name of those companies?
20 Q. Have you ever held an actual job where yougota 1/20 A. t's irrelevant. They're not around anymore.
21 W-2 wage? You know what mean when ! say that? 1/21 Q. Sothey're all defunct?
22 A, Sure. }22 AL
[23 Q, Wheols the last ime vou held a W-2 wage oh? AO,
24 A, I'd say family business, 24 your career?
25 Q. When and where? 25 A. Yeah
7 @ages 22 - 25)
Veritext Legal Solutions

800-726-7007

305-376-8800"1 Q. Tread ao articta called The Resl Deal ~ or from

2 something called The Real Deal, and it’s all about you,
| 3 and Z guess it's an interview thet you gave.

4 A. No. Its not an interview that! gave.
'|5  Q. We're going to go over it and you can tell me

6 whst's accurate and what's not. I'm marking as Exhibit 1
17 the article. Okay?
"8 Plaintiffs Exhibit 1 was marked.)

9 BY MR. GACHE:

10 Q. Timgoing to ask you some questions from this.
| 11 Again, we're still in the background.
12 A. This wasn'tan interview.
13° MR. ZOBERG: What’ the difftrence what it's
14 called? You focus --
|| 15 BY MR, GACHE:
16 Q. You can explain to me whatever you want, I just
17 want to ask you questions about this article. So this
|) 18 article was dons in December of 2012.

 

Page 25

10
nl
2
B

{ 16

Iie

ty MR. ZOBERG: I'm just going to asy for the recard 19

14 article + or at least when they did this article, you 1
15 were out, Exhibit 1, because this is December of 2012?

17 was. It was 40 — 5] months. I

ae 5 Pago 28
‘Was that the indictment that took place in 20097 !
Yes.

And then you eventually pled in what year?
10.

And then you served how long?

Four years,

Ifyou served four years, you got out in 20147
"12,

But vou lust said '10 to '12 would be twn vears.
Twas in since '09.

So you went in shortly after you were arrested?
Two, three mooths,

Q And you got out in’12, So when you did this

 

POPOPOPrPOPa>D.ID

A. 40months. 1 thought you asked what tha sentence

MR.ZOBERG: Who cares?
THE WITNESS: What the fuck are you making me

 

14 A. Yeah,
15 Q. What exactly were vou charged with?

16 A. Interstate transportation of stolaa property.
17 Q What was the stolen property that -- well, first

|| 19 you plead? .

20 A. Plead.

21° = Q. So you admitted that you were guilty?

22 A. Yes,

23, Did thet involve the franduleat sale of jointly
24 owned building?

[25 A Yes.

 

1B off, let me ask yous question. Were you convicted or did

|} 20 that I'm going to give you very limited leeway. His 20 more nervous than am?
21 _ prior conviction is relevant to the extent it goes to | 2 MR. ZOBERG: Okay. Answer his question, Don't
22 credibility. Some of these questions are wildly 22 curse. I understand this is an upsetting situation.
23 irrelevant. 23° MR.GACHE: But you're making it worse by making
24 MR. GACHE: Okey. Well, again, credibility is : 24 + camments. You're annoying your own client, so just
25 ~~ going to be s big issue in this case. 3 keep your camments to yourself. which vou know you're
Page 27 Page 29 |
1 MR. ZOBERG: It's not a big issus. 1 not supposed ta be making anyway. I'm going to handle
2 THE WITNESS: 1 was called by some -+ 2 this as professionally as I can, but these are
j 3 MR. ZOBERG: Hold on, Let me deal with this. 3 questions I have to ask. Okay? I'm not being s jerk
4 > The cooviction is obviously relevant and admissible. 4 — about it. I'm going to do it as civilly and as
5 Certain of these questions go way outside the bounds 5 professionally as 1 can,
6 — of what you'd be permitted to ask, but go abead, and 6 MR. ZOBERG: Respectfully, Ron, we'll stipulate
12 welll deat with st nection by quection 7 Wiis couvicuon, Tuas au uist you get ta reauy
8 MR GACHE: Well, we're in a deposition, we'm 8 ask onthe stand in court, but okay, go ahead,
9 not ot trial, 9 MR.GACHE: You need to respect the rule, The
10 BY MR. GACHE: 10 rule is that you doa't make comments. I don't want to !
l11 Q. So it’starts off indicating that you've been 11 havato take the transcript to the judge. Okay? He's
12 convicted of s feloay, thst it involved fraud. Is thet an |!2 going to see thet you just keep talking, so just try
13 accurate statement? 13 toavold that.
14 BY MR. GACHE:

lig
it

198

 

16 understand what the issues wero, It says in the

\7 announcement from the United States Attorney's Office from
18 the Southern District of New York thet you and another

,19 individual purchased a commercial property for 9.5

20 million. It says payment was made with 4.5 in cash

21 contributed by your co-purchaser, plus 2 $$ million 0
22 mortgege in favor of the seller,

"24 many times have you borrowed money, and you said two or |
||25 three, Do you mmember that answer?

 

0. Ten antnn track unre anata mais Temas to
Neo sit guing tues youagaut Wows 4 wall 10

 

Sa again tacked van haw manu marmanas ne haw
So ogee FoR Low ciny incrgages Gr uO

 

 

 

 

 

8 (Pages 26 ~ 29)

Veritext Legal Solutions

800-726-7007

305-376-8800—— Page 30
11 A. Yeah. 1
| 2 Q. Would this be one of those times?
3 A. 1 don't remember if] was on the mortgage, T
| 4 think] was. I'don'tremember, 1 think It was a 1031
5 deal. |
6 Q. Itsays there was also another $700,000 mortgage
? from the seller,
8 A. Yeoh, I
9 Q. Thet would be called seller financing.
"10 A. Yeah.
11 Q You understand that, right? '
12) A. Yes.
| 13° Q Itsaya you had a 25 percent interest in the
|| 14 property and your co-purchaser had ¢ 75 percent interest.
15 A. Correct.
1) 16 Q. Who was the co-purchaser?
17 A. Leon Goldstein,
18 Q Are you still in touch with Leon Goldstein?
19 A. believe he passed on. |
20 = Q Itsays in February of 2009 thet you, purporting

t

22 millico to another buyer who paid $4 million in cash and
23 gave you @ note for the remaining 1.96 million. Is that

25 A. Yeah,
Page 31!

1 Q So you financed the sale to the next guy because
| 2 you took back a note for 1.9. -- oh, sorry, 1.46 ~ 1.96,

18 Q I'm just asking questions about the transaction
19 because 1 need to understand what your background is,
20 A. Okey,

23 percent interest. von ereated » false entiefnction of

|| 24 three mortgages oo the property ~
25 A. Right

 

 

21 to be the sole owner of the property, sold it for 5.96 \|21 A. Ihave no idea,

23 signatures were on the documents were stuck in traffic.
24 accumte? ||24 Did you sey that?
[25 A. 1 dont recall |
1

| 3 correct? So you understood how that transaction works? 3 Was that your company?
4 A. Yeah. So you're saying 1 gave him a note, right? 4 A. No.
| 5 Q Hegave youe note. 5S) Q. Itwasn't?
6 A. I gave bim enote, 6 A, Used to be.
2 Q, Well, be tougnt & Som sou, 7 & Re
8 A. Right, 8 A, 1don'trecali.
1 9 Q  Sohe gave you the note? 9 Q And then it says those funda were wired to
10 A. Right. |10 accounts out of state. Is that what the transfer of the
11 Q, But you made the loan, correct? 11 stolen property would have been?
la A. Right 12 A. Adon'trecall. Ifa 11 years ago.
13 Q. Itsaysthen you sold the note discounted for 13° Q Allright, Youpled guilty?
114 1.46 million? MA, Yeah.
1S A, Right 1S Ad youarved~thesentens, ould, was
|] 16 Q Itsays, then, in order to establish that you -- 16 months?
A. Ibelieve,

| 17 A, Talready paid for all this. 7

20 Q._ Have you ever been convicted of any other

21° Q. Itsays that you, in order to make it appear thet 21 feloaies +»
22 you owned the building outright as opposed to only ¢ 25 22 A, 41 months.
loa MO FARDOA. 1 tnamnlt matter Tent tn the tant

joe MR ZOSERG: Nocsat matte, Nastts tis best
24 == of yourrecollection,
_|25 BY MR. GACHE;

Page 32,
1 Q. -and e fraudulent transfer of qunershin of the
2 co-purchaser, Mr. Goldstein's, 75 percent interest.

3 A, Right,

4 Q. Soafter giving the lender three mortgages, you
5 then falsified satisfactions?

A, Right, |
Q. So you admitted to that in court when you pled?
A. 1 don't recall.

Q. You nled suiltv to those charoes?

10 A. Yeah.

11 Q. And then --

12 A. Again, 1 don't recall, because that's not the |
13 plea agreement.

14 Q. lunderstand, but this is whet you were accused
15 of?

16 A. Correct,

17 Q, Itsavs you nersuaded notary who works acrnee!
18 the ‘hall from you to notarize the forgeries; is thet true?
19 A. Right, |
20 Q, Did anything ever happen to the notary?

‘Oma Ad

22 = Q. And you said thet the individuals whose

Page 33 |

1 Q. Iteays funds from the sale were traced to an
2 eecount in the name of your company, MBM1 Owners, LLC.

 

 

 

18 Q. Did you serve all of that?
19 A. 1 served about 40 months.

 

 

9 (Pages 30 - 33)

Veritext Legal Solutions

800-726-7007

305-376-8800Page 34' i =a i Page 36
1 Q So that was one count of interstate \ 1 BYMR. GACHE:
2 transportation of stolen property? i] 2 Q The other conviction that you're referring to
3 A. Right. 3 occurred prior to the 2009 convictioo. You're saying it's
j 4° Q. Have you ever been convicted of any other 4 older than the 2009 and that's why your memory is not as
5 felonies? 5 good about that o0c? A
6 A. Yes, 6 A. Right.
| 7 Q. What other felonies have you been convicted of? 7 Q. InThe Real Deal article, Bxhibit 1, they |
& A. I don't know the charge, 1 doo'trecall it, and 8 reference s 2004 plea of guilty to a crime. Okay? Do you |
9 you're going back 20-plus years. Whatever legal answers 9 think thas the other conviction vow'se referring to whan
10 you need, 1 don't = you're a oice guy, but I don't 10 you say you've bean convicted of another felooy?
11 qualify you on the level of those attomeys who have all 11 A. The Real Deal is not ~
12 that shit. 12 _Q Porget where 1 found it, They're mentioning @
B MR. ZOBERG: Mark -- 113 2004 conviction.
14, THE WITNESS: 1 ean't answer to that, if he's 14 A, Idon'trecali,
15 going to go into thet. 13 Q_ Do you know what the other conviction was for?
| 16 MR.ZOBERG: Stop. Let's take ¢ break, 16 A, Idon'trecall.
"a7 MR. OACHE: Why are we taking a break? 117 Q, Otherthan the 2009 conviction and the one that
18 MR. ZOBERG: Because he's getting upsst. Again, 18 you're saying you remember but it's too far ago to
|| 19 we'll stipulate to the criminal convictions that are 19 remember the details, bave you been convicted of ¢ third
'|20 of record. They also clearly delineate what be was 1 20 felony at any other time?
21 coovicted of, Agein, youre obviously trying to ')>1 A. Tomy knowledge, n0.
|) 22 agitate him, and it's working, but the bottom line is 22 Q. So you have two convictions as far as you know?
23 he acknowledges his past and it's inthe past. 23 A. Potentially,
"24 1 mean, I'm going to give you a little bit more 24 Q. Now remember, you're under oath, Okay? These
25 leeway before we're going to say this is harassment 125 questions are being asked. You hava fo anewnr trafhfully,
"Page 35 i a Page 37;
1 end seek a protestive order, There's no relevance to 1 Do you really not know bow many times you've been
2 any of this other than credibility which, again, we 2 convicted of a felony?
3 stipulate to the coovictioos, They're of record, they 3 A. Yeah. I don't know.
4 exist. He's been ~ 4 Q. Isittoo many toremember?
5 MR. GACHE: How is it harassment to talk about 5 A. I think two times. That's all.
6 —yourown past? This is e discovery deposition. We're 6 Q. Itsays in the erticle -- and again, forget where
2 notat trial. I'm entitled te ook, coneoleliy when 7 iound t= 1
8 these things involve the real estate world —- and this 8 A. Why don’t you ask the fucking questioos? Stop
9 — is. real estate litigation matter. | 9 screwing around. Just ask the questions, that's all.
10 MR.ZOBERG: They're not even remotely similarto {i110 Don't fucking tell me what you are or what you aren't,
111 this ease.- 11 MR. ZOBERG: Stop cursiog.
12 -MR.GACHE: Well, that's your argument. '12 BY MR. GACHE:
3 ‘THE WITNESS: They're not. 13° Q. Noproblem. 1 got it,
[14 MR. GACHE: It doesn't matter. 14 A, Don'tcirele, ask the question, Be direct, If
i, 15 MR-ZORRRO: Acsin Pitgive yer alitiemore 1S you want him to shut up, just ask the queatlons,
|| 16 leeway because we want to get through this, but the 16 Q. Well, 1 want you to directly answer.
‘| 17 bottom line is you're trying to agitate him with 17 A. Goaheed, directly ask,
18 — questioos that deal with a past that he is, of course, \18 Q. In 2004 it says you pleaded guilty to wire
|]19 not proud of, but they are ~ we'll stipulste to them. 19 fraud —
20 There's no reasoo for you to take s discovery 20 A. Schmuck, you're talking about these stupid
21 deposition, and in fact, the purpose of e deposition 21 things. It's got no relevance, that’s my enswer. Go.
|| 22. isto discover facts. You know these facts. You are "22 Next.
23 trying to agitete bim. In anv case «= 23 MR ZORERG: Mort
24 THE WITNESS: I gotit 24 ‘THE WITNESS: Shut up.
[25 ‘MR ZOBERG: Go ahead. ___]25 BY MR. GACHE: |
10 (Pages 34 - 37)
Veritext Legal Solutions
800-726-7007 305-376-88007 Page 38
1 O. Itaavs: von pleaded gily whe Frond fav an
dg fs

jo Ne stmeye ye for aur set

2 cnsuocessflstempt to transfer $42,000 ftom s client
3 account to your owa personal account when you were s stock
\4 broker at Weatherly Securities. Is that true?
'5 A. Idon't recall.
6 Q. Did you serve tims in federal prison in
7 Otisville?
| 8 A. Yes,
9 O. Did vou work at Weatherly Seenrition®
Ito A. Yes.
1) Q Didyou ever try to transfer money from 3
2 client's account to your own personal account? 7
\| 13 A. Idon't recall,
14 Q. Didyou plead guilty or were you convicted in
1S this -- ;

16 A. Idonttrecall.
17, Were any of the — did anw af the ony

18 involve you having to pay restitution?

19 A. Yes.

20 Q. Have you paid the restitution?

21° A. Partof

22° Q. Are you still paying it; ia other words, do you
23 continue to make paymants?

 

 

I Page 40 |

1 1 A Danm deomsnntinns wavtom dann avau tha vanes
2 Ng ACOM Weisacuions yOu ve Gone Over une yoasor

2 A. From the fraud in '09 and from the last few
3 years. And I'm not sticking tothe 2 million, It's |
| 4 around 2 million, I
5 Q Ifyou doa search in New York, it indicates that
6 you owe -- or you have a judgment against you for 150,000
7 to HSBC Nevada. Is that possible?
8 A. Thave no idea.
@ A Von don't innw?
7 Ne SSR OORT owe
10 A. No.
1 Q Doyouknow a creditor named 6779, LLC that you
12 owe 5.9 million to?
BA No.
14 A civil judgment that was obtained in 20107
1s No.
16 You have multiple judgments by American Express.
" ofthe? i
18
19
20
21
22
23

  

 
  

No.

. You're not aware of that?

A. No.

Q. You're under oath.

Yeah,

Okay. Do you know they have a judgment in New

Qa

 

 

   

 

24 A. Yes, || 24 York from 2010 for $345,000 egainst you?
25 Q. Who'sthen 2s
7 Page 39| aanennen Page 41
1 A. Government. t Q > Doyou have an American Express card currently?
2° Q' How often do you pay the goverment? 2 A. No
3. A. I've paid about 100,000 since I'm home. 3 Q. Doyou know if you owe them any money? Would you!
4 Q. Since you're home. You roean since you're out of 4 think you do?
| 5 prison? 5A. Yes.
| 6 A. Right, 6 Q Soyou're the Mark Benun thst owea American
i 7) Wha we tora ammoum you ower 7 Express money? i
8 A. 6million, 5.4 million, 8 A, Yes.
9 Q. Doyou currently have any judgments that are 9 Q Who isHyman Haddad? Somebody you owe money toY
"io outstanding against you? |i0 A. Yes.
ll A. Tdoo'treeall. 11 Q. Why do you owe Mr. Haddad money?
12, Q Doyou know if you currently owe any federal tax? 12 A, Tfatoo long -- it's s long time ago.
1B A. Yas. 13 Q Diditinvolve a real estate deal? |
14 Q. Howmuch in federal tax do you owe? 14 A. No. f
VE A Taw semaine oath TM A Dinas ae thee T tote ise on tase
130 Ae TTL WOiking Wis Gun Piper on we 2 cont 13 @ He nasa judgment for aimost $2 million? |!
16 know, It's being handled by an accountant, 16 A. Right.
17 Q DLA Piper? |17 Q. Stil uopaid?
‘)18 A. Yes, 18 A. The judgment'a not -- the judgment’a not --
|]19° Q. tata fine 19 that's in litigation.
||20 A. Yeah, Jo actuality, the government's taking a 20 Q. Soyou're disputing that?
21 ‘back seat to the IRS at this point. 21 A. Right.
22) Q. How much do you owe the IRS? 22 Q. Do you owe the aiid of New York any money, \
22 A. Yousskedms ttoktyon, About $2 x: 23
24 Q. $2millioo io income tax? 124 A. 50-some-odd thousand dollars.
25 A. Yeah ||25 Q. Who's the Marina District Development Company?

 

 

 

 

 

11 (Pages 38 - 41)

Veritext Legal Solutions

800-726-7007

305-376-88001 Page 44 |"

 

 

 

 

 

  

 

 

 

 

 

 

Page 42,
| 1 Doyeu ows them money? | 1 ollent, Ms, Clark, end herentity, The 6654 house ==
2 A, Idon'tknow. | 2 A. Tm confused for e second. When you say "her
3 Q. Doyou know they hsve s judgment for 188,000 3 entity," 1 thought that Larry Shapiro owns 6654,
14 against you? | 4 Q. No. It's never been represented that Larry
5 A. 1didn'tknow. 5 Shapiro owns 6654,
6 Q. There's another judgment by American Express for 6 A. Ihave an e-mail from your client --
(7 185,000. Are you aware of that? 7 MR. ZOBERG: Mark, just answer his question.
8 A. No, g THE WITNESS: I'm being serious.
9 Q, Who'eh7G Reattv? lo MR, ZOBRRG: Iuct answer his question,
| 10 A. Idoa'tknow. 10 BY MR. GACHE:
|]11 Q. Doyou know they have s judgment against youfor [11 Q, We're going to get into that, trust me. Nobody |''
12 $8.8 million? 12 assigned the entity, they assigned the loan. There's a
(3 A. That's crazy, 13 difference, The entity can have many assets. One of
14 Q. You don't know who they are, from 2009? 14 annealed blinharha
15 A, No. | 15 Larry Shapiro, not the entity itself. The entity is hers. ,
16 Q Doyou know who SB Realty County, Inc, is? | | 16 It's always been hers.
17 A. No. \17 A, So whatld we cell to Larry Shanion?
|] 18 Q. Who is Marvin Azrak, A-z-ra-k? 18 Q. We're going to get into that, so don't get aheed
19 A, Thst's in the middle of being settled. It wes 19 of yourself.
|| 20 settled years ago, it just hasn't been takeo off, 20 The 6654 house, I'm going to call tthe Broken
\]21 Q. He sued you for 1.5 million? 21 Sound house. It makes it little easier for me. Okay?
22 A, Correct. Settled for 900,000. 22, «A. Yes.
23 Q. Whstdid you owe him that money from? 23° Q. ~When's the first time you took -- or hed
24 =A, Pardon me? 24 occupency of that house?
125 9. What did vou owe him that money from? "25 A, Tdon't recall. ;
‘ 7 Page as a Page 45|
1 A. Personal foan. | 1 Q. Well, how long have you been living in Florids?
2 Q. Alcan? '! 2A. You mean living in Florida?
3° A. Yeah. 3 Q. How long have you hed a house in Florida, whether
| 4 Q. That you dido't pay back7 4 you rented it, lived in it? Wheu's the first time you
5 A, Paid back, 5 came to Florida to live in your Ilfe?
6 Q Wall; that you didn't pay back — 6 A. Probably ia the ‘80s,
Toa Paid bagx, 7 & You wentio prison in 's the first
Ig Q. But you didn't pay it at the tims be hed sued 8 time after you got out of -- in 2009, When's the first
9 you? 9 time sfter 2012 you lived in Florida?
10 A. Correct, 10 A. November,
11 Q. You're seying you've since settled? ll = Q. Of20127
12 A. Correct. 12. A. Correct.
B Q And the SB Realty County for 3.1 million, they 13° Q. Where did you live?
14 sued you, you don't know who they are or why they're suing [14 A. An apartment,
5 you? 5 Where?
16 A. No. 16 A. Anspertment~ |
17 Q. Did youever have a dispute with Community Check | 1? MR. ZOBERG: I mean, this is silly. You have the
18 Cashing in New Jersey, a $3,000 problem? 18 leases and whsa the documents sterted.
19 A. Settled, hs MR. GACHE: No, I don't,
i] 20 Q, Did you bounce a check or give them s bad check? 20 MR. ZOBERG: Ofcourse, you do, I mean, this is
| 21 A, It's @longtimeago. I don't reeall. Maybe 25 21 ridiculous. "
"| 22 years ago, 1s that s criminal record? 22 MR. GACHE: Stop telling me what to do and how to
220, We inet ciel tydemante tov Hane meadhtnn ao an
Nr Abo Jace wars JuuguINers, Wn BuNtiS, GY ULE, os wh
"724 ik that. 24 BY MR. GACHE:
25 Lets talk ebout your relationship with my 25 Q. Youlived in an apartmant in 2012. In what city?
12 (Pages 42 - 45)
Veritext Legal Solutions
800-726-7007 305-376-8800rear

1 AL Ree
jo oe eee,

  

 

 

Page|

MB ZOREDE: Tunderstand thet hut hele not
MR, ZOSERS. Gorauanu thot Gus mu nO

 

 

 

2 Qa Where did you next live in Boca or where did you 2 topping and we're going to ba here all day. So just
| 3. ext live io Florida after you moved out of that 3. say approximately, and it doesn't matter, Okay? None
4 epertment? | 4 ofthis matters. We have the lease dates, He's just
|5. A. Broken Sound. 5 trying to agitate you and, unfortunately, i's
16 Q Inthe 6654 house? 6 — working. So you need to just say epproxinately a
7 A. Yeah. | 7 certain amount of time, and that's it.
| 8 Q. Whatyear? 8 MR, GACHE: 1'm really not trying to agitate him.
9 A, Tdon't remember, 2 Me tylag to
|)10 Q.. Howlong were you in the apartment, 10 MR.ZOBERO: You're asking him when he moved in
"| 11 approximately? 11 whenyowhave the lease date that providesexactly ||
12 A, Probebly a few months. Six months, 12 when be moved in. So what’e the purpose of that
13 Q. Soare you seying you were in the 6654 house as 113 question?
14 early a5 20137 14 MR. GACHE! Because ] don't have the lease, okay?
15 A. Idon'trecall. 15 Let me just make it clear. Not thet [have fo answer
16 Q. You just asid 2012 is when you were in the 16 — toyou, but don't have his first lease.
and you just said von ware there only a few 17 MR. ZORERG: Till hannily provide i
| {38 MR. GACHE; It doesn't matter, We're in the depo
19 A. Iwasin the one by ~ 19 now. 1 want to know the enswer.
20.‘ THE WITNESS: What's it called? Marie's 20 MR. ZOBERG: Your eliant, I'm sure, bas it.
21 THEREPORTER: What is it? 21 MR. GACHE: But we don't have it now today.
22 MR.GACHE: She's tryingtotype everything you (|| 22 «THE WITNESS: Is shne lawyer?
23 asy, so even when you talk to him — 23 BY MR. GACHE:
24 - MR. ZOBERG: He's asking me to try andhelphim = |24 Q. | want fo know Do you have any idee what
35 t again,
a Page 47| Page 49
1 the leases, you know exactly when he moved into the 1 house?
2 home, Show us the leases, maybe that'll refresh his 2 A. Approximately, ! would say, maybe four or five’
3 recollection. || 3 years,
4 BY MR GACHE: i] 4 Q Fine, You started off leasing that house,

5 Q. I'm just asking you -- this is all based on
6 memory, This whole deposition ian memory test.
MR. ZODERG! He's already answerea you ne coast
remember, yet you keep asking over and over again,
MR. GACHE: But I'm trying to help him refresh
hia recollection.
MR. ZOBERG: The easiest way obviously would be
the lease that he first signed with your client, which

8
| 9

n
na

 

  

 

 

5 correct?

6 A. Yeah.
7 & Ans you ieased & irom Deana Cierké
8 A. Right

9 Q ‘And then you renewed those leases «couple of
10 times?

1) A. Right.

12 Q Atsome point you lived in the house in 2016, and

  

 

 

 

 

13 is obviously in your possession. 13 you were involved in litigation with Deana over your
(14 pad GACHE: Well, I'm doing it my way. Again, a landlord/tenent relationship, correct?
1S Sip imenupung, iS AL Wale landiorarenant?
16 BY MR. GACHE: 16 Q. Maaning you were the tenant and she wes the
i? Q. You said you were in an epartment for a few 17 landlord, right?
18 ‘months, then you said you moved to the 6654 house. Okay? las A. Right.
19 Wes thst around 2013? 19 Q You were the renter, she owned the home?
20 A. Idon'trecall, 20 A. Uh-huh,
}|21 Q. Didyou rent any other properties besldee the 21 Q Yeo?
1 | 22 Broken Sound house since 2012? 22 A. Uh-huh,
'loa MD FARNDON. We baw tn renew mtnler Mat A aes barn an,
vee BER. ZOBERG? 1s Gnay PPLOAULaNOLy, & 2 Q. Youueve te
" 24 ~~ certain oumber of years, 24° =A. Yeu i
25 THE WITNESS: To be honest, I don't remember. 25 Q. Doyouremember what that dispute involved?
13 (Pages 46 - 49)
Veritext Legal Solutions
800-726-7007 305-376-8800I Page 50
No.

Was there a time that you stopped paying the

1 oA .
12 Q

3
| 4 A. Idon'trecall.

S Q. Was there atime --

6 MR. ZOBERG: Allright. Stop. We're going to
7 ~~ ‘take e break. Come on. Let's go.
18 (Recsss taken from 11:11 a.m. to 11:12 a.m.)

19 BYMR. GACHE:

10 Q. So you were involved in a landlord/tenant disput
11 with Deana at one time?

12 A. Right.

14 was?
Is A.
6 Q

In 2016?
‘Yes. Correct.
i117 A. There were so many of them, 1 don’t -- I don't --!!
18 MR. ZOBERG: 1 don't remember.
| 19 BY MR. GACHE:

20 Q. Listen to me. Focus with me here. There was a
|| 21 nonpayment of rent issue, correct?
[22 A. Yes,
23° Q, And you did sign a contract to purchase the home
24 et one time in 2016; is that correct?
25_ A. Correct.

Page 51}
1 Q. And that sale fell through, I helieve; in other
2 words, it never actually closed in 2016, we know that.
3° A. Well, it closed on the purchase in 2016.
| 4 @ Bventutly.
5S A. Right.
| 6 Q. But did you not have e cootract as part of your

7 landlneditanant ralatinnchine in athar vunedn dtd
1 sminesGrn wastes EUsOCTIOILIp Mt OHIO TYORGSy GG

| 8 have — before I got involved and you purchased the home
1 9 that is the subject of this Iswsuit, did you not have

10 another contract in place st one time to buy thet home

11 while you were s tenant?

12 A, Righ