PERMAUL TULSI et al v. JACK RESNICK & SONS, INC. et al, 502603/2013, 45 (N.Y. Sup. Ct., Kings County Jan. 30, 2017) (2024)

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`INDEX NO. 502603/2013
`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
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` 5026a ;
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`D; KINGS COUNTY CLERK 01m2017 08:43 PM
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`33X NO
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`NYSCEF DOC. NO. 45
`RECEIVED NYSCEF: 01/30/2017
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`EXAMINATION BEFORE TRIAL Of 250
`Hudson Street, LLC, by:
`James Consentino,
`’the Co—Defendant herein,
`taken by all
`uant
`to Court Order, held at
`parties, purs
`111 John Street, New York, New Kerk, on the
`3rd day of May, 2016, commencing at 1:45
`p.m., before Howard 1. Shapiro,
`a Certified_
`nd Notary Public,
`
`within
`
`ShOrthand Reporter a
`
`and for the State ovaew Yorkp
`
`INC;
`H&B REPORTING CO.
`-
`121 Radigan Avenue
`Staten Island, New York
`(718) 948—5835
`
`10309
`
`

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`INDEX NO. 502603/2013
`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
` ’KINGS
`COUNTY CLERK 7 01 Emmi-3'1
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`0“‘
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`NYSCEF DOC. NO. 45
`RECEIVED NYSCEF: 01/30/2017
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`56
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`
`Qonsentino
`Exactly what you‘re sayingi
`
`And that was easily
`
`A
`
`Q
`
`programmable by you I guess?
`A
`Chief engineers,
`
`the
`
`doythat.
`
`Q
`
`You didnftp
`
`5"\
`_you wouldn‘t do»
`
`the entry for twé er
`
`A
`
`No,
`
`it was
`
`the staff that
`
`takes care of all that.
`
`Q’
`
`YOu mentioned that you had
`
`engineers, building engineers, you
`
`mentioned the
`one of
`the.building engineers the;
`
`term Chief Engineer; was?
`
`Chief Engineer.
`
`A
`Q
`
`Ye§5
`That was only one person I
`
`guess?
`
`A
`
`Yes.
`
`Q
`Who was_the Chief Engineer
`when you first, when the-building
`
`finished conversion
`
`in 2010 or
`
`approximately 2010?)
`
`A Michael Wong.
`
`Q
`
`Weo-N—G2_
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`H & B Reporting Co.,
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`Inc.
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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`; KrNGs COUNTY
`DOC. NO. 45
`CLERK 01m2017 08:43 ‘PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
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`RECEIVED NYSCEF: 01/30/2017
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`Consentino
`
`Yes.
`
`Is he still there?
`
`Yes.
`
`Is he still the Chief
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`6 A.M.
`
`to 2 P.M.
`
`He‘s early bird?
`Q
`A, Yes.
`i
`.Q
`Those requests would come
`through your Workspeed system, would
`that be something that you would see
`or something that would g
`
`0
`
`to Mr. Wong
`
`in
`
`or both of you?
`
`A
`
`Q
`
`We all see it.
`
`And that‘s
`
`a system set up
`
`dthin the building?.
`
`A
`
`.Yes.
`
`Q Workspeed,
`
`is that one word
`
`or
`
`twoiwords?
`
`A
`Q
`
`One word.
`Let‘s specifiCally talk
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`H & B Reporting Co.,
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`Inc.
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`INDEX NO. 502603/2013
`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`"Gs COUNTY CLERK 012017 08:43 PM""“I‘ND“‘
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`O.%
`quw0
`NYSCEF DOC. NO. 45
`RECEIVED NYSCEF: 01/30/2017
`
`A
`
`Just
`
`They're a little bit different.
`
`There
`
`maybe a little you know different
`
`sizes depending on the size of
`
`the
`
`room, but
`
`theyflre just grilles that go
`
`
`
`
`
`
`
`
`
`
`
`
`into a duct which is in a main shaft
`
`like this, diffusers.
` Consentino
`
`
`
`where there's a
`
`fan sitting on top and
`
`sucks the air out.
`
`Q
`
`A
`
`Q
`
`GOes up to the rooftop?
`
`Yes.
`
`You talked about
`
`the HVAC
`
`system being programmed to shut down
`
`at six; would that also shut down the
`
`exhaust system, or
`
`the duct system the
`
`diffuser, what we're talking about?
`
`A
`
`We usually run the toilet a
`
`little longer,
`
`this way if people have
`
`to do some things before they go home
`
`we allow it to ventilate.
`
`Q
`
`It
`
`seems
`
`like you had a
`
`pretty hard number at six P.M. which
`
`was varied upon request, but was
`
`there
`
`also a hard number for the diffuser
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`H & B Reporting Co., Inc,
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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`@2017 08:43 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
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`RECEIVED NYSCEF: 01/30/2017
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`fl
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`Consentino
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`system?
`
`8
`
`o'clock.
`
`Was
`
`that
`
`something that you
`
`A
`
`Q
`
`it your Chief Engineer would
`
`or was
`
`program into the system?
`
`A
`
`Q
`
`The chief programs in.
`
`Is the Chief Engineer
`
`someone with an engineering license,
`
`do you know?
`
`A
`
`He has
`
`a
`
`license to operate,
`
`he has an engineering license.
`
`Q
`
`Is that
`
`a
`
`licensed PE in New
`
`York State?
`
`A
`
`Q
`A
`
`No.
`
`This is a building engineer?
`That's correct.
`They have a
`
`license to operate refrigeration,
`
`refrigeration license.
`
` exhaust
`
`Q
`
`than a
`
`PE
`
`A
`
`Q
`
`is that
`
`on HVAC?
`
`Different
`
`type
`
`of
`
`engineer
`
`type engineer?
`
`Right.
`
`The
`
`refrigeration license,
`
`something specifically focused
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`H & B Reporting Co.,
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`Inc.
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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`,{NGs COUNTY CLERK 012017 08:43 PM
`I.
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`NYSCEF DOC. NO. 45
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`INDEX NO. 50'2‘60'3/20‘E
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`'1
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`Consentino
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`.
`
`7
`
`6
`
`Q
`
`You said there was
`
`three
`
`building engineers when Mr. Wong was
`
`the Chief Engineer, who were the two
`
`other engineers?
`
`A What
`
`time period?
`
`Q Let's say 2010 through 2012.
`A
`It'was a Rich Dougherty,
`I
`don't recall when he left exactly.
`
`And Peter Boyco, he's still there,
`
`he
`
`came
`
`in.
`
`And there was
`
`a Jack Piqua,
`
`who is no longer with us.
`a Delroy Baxter.
`1
`
`Now we have
`
`MS. MILCH: Who_is‘the third
`
`one there?
`
`THE WITNESS:
`
`Jack Piqua.
`
`VQ
`
`Piqua with an A?
`
`A With an A.
`
`-
`
`_
`
`Q
`
`Who would have been there in
`
`2010 to 2012?
`
`A Mike, Pete and Jack.
`
`Q
`
`A
`
`And Dougherty came later?
`
`He was before that, but he
`
`didn't
`
`last very long.
`
`Q
`
`And Delroy came
`
`later?
`
`H & B Reporting Co.,
`
`Inc.
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`4
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`i
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`1
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`9
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`‘
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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`:NGS COUNTY CLERK 01m2017 08:43 PM
`NYSCEF DOC. NO. 45
`NO
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`INDEX NO. 502603/2013
`INDEX W 50260?
`RECEIVED NYSCEF: 01/30/2017
`'- -
`-2 .
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`Ol/BQ
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`
`
`Consentino
`
`77
`
`A
`
`Q
`
`Yeah, he's new.
`
`Are these guys under
`
`the
`
`supervision of
`
`the head engineer?
`
`A
`
`Q’
`
`you call
`
`A
`
`Q
`
`Yes.
`
`Or Chief Engineer, what did
`
`them?
`
`‘I
`.
`Chief Engineer.
`
`Your office in the basem*nt,
`
`how many people were working out of
`
`I
`
`your office?
`
`A
`
`'Me and my adman.
`
`Q Administrative assistant?
`
`A
`
`Yes.
`
`Q
`AA
`
`Q
`
`that?
`Who was
`Now or hack then?
`
`/
`
`Say in 2010 through 2012.
`
`A Yaskara Rimerez.
`
`Q
`
`Is there a new
`
`administrative assistant there now?
`
`A
`
`Q
`
`Yes.
`
`Who
`
`is that?
`
`A Gabriella Morica.
`
`Q
`
`A
`
`M
`
`‘—
`
`——O—R—I—C—A.
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`H & B Reporting Co.,
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`Inc.
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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`KINGS COUNTY CLERK 015E12017 0843 PM":
`DOC. NO.
`45
`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
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`RECEIVED NYSCEF: 01/30/2017
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`Consentino
`
`N5
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`bathroom come up in what was being
`
`provided by the building in terms of
`
`ventilation?
`
`A
`
`Q
`
`In terms of what?
`
`HVAC, exhaust.
`
`A What kind of question are
`
`they asking_me?
`
`3Q
`
`Yeah, did you ever have that
`
`conversation?
`
`A
`
`No,
`
`I never had anyone from
`
`Guardian ask me anything about it.
`
`Q
`
`A
`
`Q
`
`Since you've been there?
`
`No. Yes.
`
`Did anybody ever complain
`
`regarding the fact
`
`that
`
`the toilet
`
`exhaust shut off at
`
`8 o'clock at
`
`night?
`
`A
`
`Q
`
`No.
`
`I'm sorry,
`
`I may have asked
`
`this before and I‘m sure somebody will
`
`tell me
`
`if I did, but
`
`the number,
`
`the
`
`8 o'clock hour
`
`for the shut off, was
`
`that decided by you, or you in
`
`conjunction with Mr. Wong or who
`
`H & B Reporting C0,, Ind
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` Gs COUNTY CLERK 01m2017 08543'P'M’
`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
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`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
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`Consentino
`
`decided that number?
`
`A
`
`Q
`
`6
`
`off at
`
`Mike and myself.
`
`You said that
`
`the AC turns
`
`P
`
`.M.,
`
`that's something that
`
`was
`
`in the lease, correct?
`
`A
`Yes“.
`Q What about
`
`the toilet
`
`exhaust being shut off,
`
`is that
`
`something in the lease as well?
`
`A
`
`Q
`
`No.
`
`Do
`
`those numbers still
`
`continue up until present,
`
`the
`
`
`6:00 for the AC?
`
`
`
`
`8 o'clock for the toilet exhaust and
`
`
`
`
`
`A
`
`Q
`
`Yes.
`
`And what
`
`time in the mOrning
`
`does it turn on?
`
`A
`
`6:00.
`
`8 o'clock is the
`
`operating hours of
`
`the building.
`
`We
`
`started it a little earlier to make
`
`the floor comfortable when people come
`
`Q Were you aware of what
`
`the
`
`bathroom cleaners were using in terms
`
`H & B Reporting Co.,
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`Inc.
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`

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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`WINGS COUNTY CLERK 01m2017 08:43 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
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`Consentino
`
`1W
`
`of any safety measures that
`
`they used
`
`when they did their cleaning,
`
`do you
`
`know_how they attired themselves or
`
`were you aware of what
`
`they did in
`
`that
`
`regard?
`
`,
`
`A
`
`No.fl.
`
`Q, _When you and Mr. Wong set up
`
`the schedule regarding the
`
`particularly the toilet exhaust, did
`
`4
`
`5
`
`6
`
`7
`
`9
`
`O
`
`ll
`
`you consider any regulations or codes
`
`in regard to setting that schedule,
`
`within the industry, within the
`
`engineering world?
`
`A
`
`To my knowledge there is no
`
`_code on the toilet exhaust.
`
`.Q
`
`So then that would be there
`
`was nothing that you considered, you
`
`thought
`
`there was nothing applicable?
`
`A 1 Nothing to my knowledge.
`
`the AC, was
`How about
`Q
`anything applicable to that?
`
`there
`
`
`
`
`
`
`
`I
`
`.M
`
`2
`
`3
`
`4
`
`5-
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`6
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`’7
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`l8
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`l9
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`20
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`21
`22’
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`23
`
`24
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`25
`
`
`
`
`
`
`
`
`
`A
`
`Q
`
`That's lease required.
`
`And otfiher
`
`than the lease
`
`!
`
`requirements your understanding was
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`H & B Reporting Co.,
`
`Inc.
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`

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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`FILED: KINGS COUNTY CLERK 01m2017 08:43 PM '
`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
`INDEX NO.
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`Consentino
`
`‘say you're not Sure.
`
`A
`
`I'm not sure what's on that
`
`application, 20—thousand pages.
`
`Q
`
`We may have to read that at
`
`some point, maybe.
`
`'
`
`testing
`Is theredany type of
`is done on a regular basis of
`the
`that
`HVAC-equipment particularly of
`the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10
`
`toilet exhaust
`
`fan to make sure that
`
`11'
`
`it's operating at
`
`the same speed or
`
`12
`
`13
`14
`
`15
`
`16
`17
`
`18
`19
`
`20
`
`eXercising the same extraction rate or
`
`the same strength that it
`whatever,
`was set up at?
`V»
`
`.
`
`'
`
`A
`
`Q
`A
`
`My men test it.
`
`How do they test
`it?
`There's amperage readings on
`
`the fan to see if the motor‘s turning
`at
`the same speed.
`We have
`
`velometers, we have instruments that
`
`21
`
`we
`
`read the air flow.
`
`22
`
`23
`
`24
`25
`
`sorry.
`
`.
`
`Q
`
`You read the what of?
`
`A Air
`flow.
`Q
`'How often are the
`
`I'm
`
`
`
`
`
`

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`FILED: KINGS COUNTY CLERK 01/30/2017 08:43 PM
`KINGS COUNTY CLERK 01m2017 08:43 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 502603/2013
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`INDEX NO~ 502603/20“:
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`RECEIVED NYSCEF: 01/30/2017
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`l’-
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`2
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`3
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`‘
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`A
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`tested?
`
`’
`
`I
`
`Consentino
`
`M8
`
`I have to ask Mike when he
`
`.4
`
`_ does it,
`
`I'm not sure.
`
`5
`
`6
`7
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`8
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`9
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`10
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`11
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`12
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`13
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`M
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`15
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`16
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`17
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`18
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`l9
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`20
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`21
`22
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`23
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`24
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`25
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`Q
`
`Is that something that you
`
`ask to be done or
`is that something
`Mike does on his own?
`A
`
`_
`
`A
`
`It's something on his
`
`schedule he does.
`
`_
`
`Q
`
`Is there a document
`
`that he
`
`puts together based upon those tests,
`
`with the results,
`
`test results?
`
`.
`
`A
`
`I'm not sure.
`
`MR. KAUFMAN:
`
`I
`
`juSt
`
`reserve
`
`my right
`
`to have a further
`
`deposition of Mike Wong,
`
`the
`
`Chief Engineer,
`
`and I don't
`
`really see it, Resnick's
`
`involvement but
`
`I
`
`just reserve
`
`that as well.
`
`'And reserve my right
`to have
`someone inspect
`the HVAC system
`
`_
`
`I
`
`in the building.
`
`MS. MILCH:
`
`You want
`
`to
`
`inspect,
`
`let me know.
`
`H & B Reporting Co., Inc.
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