1 SUPREME COURT OF THE STATE OF NEW YORK COONTY OF NEW YORK -x STEPHEN FREIDUS, Individually and derivatively as a General Partner on behalf of 62 WEST 45TH STREET ASSOCIATES, Plaintiff, -against- Index 653896/2015 No. LEONARD GERO and 62 WEST 45TH STREET ASSOCIATES, -x Defendants. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -x STEPHEN FREIDUS, Individually and Derivatively as a General Partner ANDOVER EQUITIES on behalf of ANDOVER EQUITIES Individually and Derivatively as a holder of a 50% Membership Interest in ANDOVER EQUITIES, LLC on behalf of ANDOVER EQUITIES, Plaintiff, -against- Index No. 653897/2014 LEONARD GERO, ANDOVER EQUITIES, and ANDOVER EQUITIES, LLC, -x Defendants. DATE: DEPONENT: STEVEN ZANG Caption continued on following page.
. 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -x In the Matter of the Application of STEPHEN FREIDU$, Holder of a 505 Membership Interest, Petitioner, Index 162648/2014 No. For the Dissolution of and Appointment of a Receiver of Liquidating Trustee for BLEECKER STREET ASSOCIATES LLC, Pursuant to Sections 702 and 703 of the Limited Liability Company Law -against- LEONARD GERO, -x Respondent. 9:42 a.m. Deposition of STEVEN ZANG, a non-party witness, taken by the Plaintiff/Petitioner, pursuant to Subpoena, at the offices of Duane Morris LLP, 1540 Broadway, New York, New York, before David Levy, CSR, CCR, CLR, a Notary Public of the State of New York.
â J FILED: NEW YORK COUNTY CLERK 07/31/2018 03:20 PM INDEX NO. 653897/2014 3 1 2 A P P E A R A N C E S: 3 4 DUANE MORRIS LLP 5 Attorneys for Plaintiff/Petitioner 6 1540 Broadway, 14th Floor 7 New York, New York 10036 8 212-692-1060 9 BY: FRAN M. JACOBS, ESQ. 10 fmjacobs@duanemorris.com. 11 12 THE LORENC LAW FIRM, P.C. 13 Attorneys for Defendants/Respondents Leonard 14 Gero and 62 West 45th Street Associates. 15 1313 Third Avenue, 2nd Floor 16 New York, New York 10021 17 212-628-0560 18 BY: ROBERT LORENC, f ESQ. 19 20 21 ALSO PRESENT: 22 STEPHEN FREIDUS, Plaintiff/Petitioner 23 24 25
L FILED: NEW YORK COUNTY CLERK 07/31/2018 03:20 PM INDEX NO. 653897/2014 168 1 2 C E R T I F I C A T E 3 STATE OF NEW YORK ) 4 : ss. OF' 5 COUNTY OF KINGS ) 6 7 I, DAVID LEVY, CsR, a Shorthand 8 Reporter and Notary Public within and for 9 the State of New York, do hereby certify: 10 That STEPHEN ZANG, the witness 11 whose deposition is hereinbefore set forth, 12 was duly sworn by me and that such 13 deposition is a true record of the testimony 14 given by the witness. 15 I further certify that I am not 16 related to any of the parties to this action 17 by blood or marriage, and that I am in no 18 way interested in the outcome of this 19 matter. 20 IN WITNESS WHEREOF, I have hereunto 21 set my hand this 22nd day of May 2018. 22 23 ma~ 24 DAVID LEVY, CSR, CLR 25
155 1 Zang 2 Q. That's not something you discussed 3 with Mr. Freidus? 4 A. No, that was my job to take care of. 5 A lot of these things, if it was like a, you know, 6 billion-dollar thing or a hundred thousand, I'd go 7 to tell Lenny, Lenny would call Steve, and he'd 8 try to discuss it to an extent or, if he knew we 9 were in the process of doing that, what the 10 project was, he'd be okay. 11 Q. You don't know what Mr. Gero did 12 A. No. 13 Q. or did not 14 A. I did not. 15 Q. discuss with Mr. Freidus? 16 A. No. Correct. A lot of it I was 17 allowed to do on my own because it was my own job 18 description to get it done. 19 Q. And with respect to 3445 Jerome 20 Avenue, there's really nothing you do there on a 21 day-to-day basis, is there? 22 A. No. 23 Q. Isn't that a leased property? 24 A. Triple net lease. What I do there? I 25 would communicate what comes to me, I would
L FILED: NEW YORK COUNTY CLERK 07/31/2018 03:20 PM INDEX NO. 653897/2014 156 1 Zang 2 communicate back to them, to the bank itself.. If 3 I get a violation when there was a lawsuit, 4 instead of Steve and Lenny going down to answer, wasn' 5 like an EBT, like today, I went down and it wasn't 6 as long as this, it was like ten minutes. She 7 asked me, you know, "What do you do on the 8 property?" I said, "W.e collect the rent and we 9 just pass the paperwork around and we make sure 10 the insurance is up to date," and they said, 11 "Okay, thank you, have a nice day." 12 Q. Because in effect, all you do is 13 collect 14 A. It would be my job to show up my 15 job to show up at depositions. The last time I 16 did negotiate the lease terms, which I thought was 17 unusual. But I knew I knew the person at the 18 bank who was head of maintenance and is now 19 vice-president of the new bank when they merged, we' 20 so I was the closest to him, 'cause we've spoken 21 for the last seven years. I was told to approach 22 him directly to make a lease. They thought it was 23 the best match, because I spoke to him on a 24 monthly basis or so. We'd just communicate 25 things.