FILED: NEW YORK COUNTY CLERK 07/22/2016 12:04 PM INDEX NO. 159878/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/22/2016 1 Page 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------X MELISSA HONRADO, PLAINTIFF, -against- Index No: 159878/14 291 BROADWAY REALTY ASSOCIATES, SUTTON MANAGEMENT CORP., THE CONSOLIDATED EDISON COMPANY OF NEW YORK, STARBUCKS COFFEE COMPANY and THE CITY OF NEW YORK, DEFENDANT. ------------------------------------------X DATE: TIME: 10:20 a.m. EXAMINATION BEFORE TRIAL of the Defendant, STARBUCKS COFFEE COMPANY, by THOMAS MASSERIA, taken by the Respective Parties, pursuant to an order, held at the offices of Corporation Counsel, 52 Duane Street, New York, New York, before Marleine Lamey, a Notary Public of the State of New York.
1 2 2 A P P E A R A N C E S: 3 4 GREG GARBER, ESQ. Attorney for the Plaintiff 5 MELISSA HONRADO 60 Madison Avenue 6 New York, New York 10010 BY: EDWARD TAMMA, ESQ. 7 8 CARTAFALSA, SLATTERY, TURPIN & LENOFF, ESQS. 9 Attorneys for the Defendants 291 BROADWAY REALTY ASSOCIATES and SUTTON 10 MANAGEMENT CORP. 165 Broadway 11 New York, New York 10006 BY: CAROLYN COMPARATO, ESQ. 12 13 DAVID M. SANTORO, ESQ. Attorneys for the Defendant 14 THE CONSOLIDATED EDISON COMPANY OF NEW YORK 15 4 Irving Place New York, New York 10003 16 BY: RALPH JANZEN, ESQ. File #: S-0556-14 17 18 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP 19 Attorneys for the Defendant STARBUCKS COFFEE COMPANY 20 150 East 42nd Street New York, New York 10017 21 BY: SHELLY L. BALDWIN, ESQ. 22 23 24 25 1 3 2 A P P E A R A N C E S: (Con't.) 3 4 CORPORATION COUNSEL Attorneys for the Defendant 5 CITY OF NEW YORK 100 Church Street 6 New York, New York 10007 BY: DANIEL NEYRA, ESQ. 7 File #: 2014-038739 8 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 Page 3 2 (Pages 2 to 5) Page 4 1 4 2 IT IS HEREBY STIPULATED AND 3 AGREED by and between (among) counsel for 4 the respective parties hereto, that: 5 6 All rights provided by the 7 C.P.L.R., including the right to object to 8 any question, except as to form, or to move 9 to strike any testimony at this (these) 10 examination(s), are reserved, and, in 11 addition, the failure to object to any 12 question or to move to strike any testimony 13 at this (these) examination(s) shall not be 14 a bar or waiver to make such motion at, and 15 is reserved for the trial of this action; 16 17 IT IS FURTHER STIPULATED AND 18 AGREED by and between (among) counsel for 19 the respective parties hereto, that this 20 (these) examination(s) may be sworn to by 21 the witness(es) being examined, before a 22 Notary Public other than the Notary Public 23 before whom this (these) examinations was 24 (were) begun; but the failure to do so, or 25 to return the original of this (these) Page 5 1 5 2 examination(s) to counsel, shall not be 3 deemed a waiver of the rights provided by 4 Rules 3116 and 3117 of the C.P.L.R., and 5 shall be controlled thereby; 6 7 IT IS FURTHER STIPULATED AND 8 AGREED by and between(among) counsel for 9 the respective parties hereto, that this 10 (these) examination(s) may be utilized for 11 all purposes as provided by the C.P.L.R.; 12 13 IT IS FURTHER STIPULATED AND 14 AGREED by and between(among) counsel for 15 the respective parties hereto, that the 16 filing and certification of the original of 17 this(these) examination(s) shall be and the 18 same hereby are waived; 19 20 IT IS FURTHER STIPULATED AND 21 AGREED by and between(among) counsel for 22 the respective parties hereto, that a copy 23 of the within examination(s) shall be 24 furnished to counsel representing the 25 witness(es) testifying, without charge.
Page 6 1 6 2 IT IS FURTHER STIPULATED AND 3 AGREED by and between(among) counsel for te 4 respective parties hereto, that all rights 5 provided by the C.P.L.R., and Part 221 of 6 the Uniform Rules for the Conduct of 7 Depositions, including the right to object 8 to any question, except as to form, or to 9 move to strike any testimony at this 10 examination is reserved; and in addition, 11 the failure to object to any question or to 12 move to strike any testimony at this 13 examination shall not be a bar or waiver to 14 make such motion at, and is reserved to, 15 the trial of this action. 16 17 18 * * * 19 20 21 22 23 24 25 Page 7 1 Masseria 7 2 T H O M A S M A S S E R I A, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. TAMMA: 8 Q. Please state your name for the record. 9 A. Thomas Masseria. 10 Q. What is your current business address? 11 A. 370 7th Avenue, Suite 1510, New York, 12 New York 10001. 13 Q. Mr. Masseria, are you currently 14 employed? 15 A. Yes. 16 Q. By whom? 17 A. Starbucks Corporation. 18 Q. What is your current title? 19 A. Project manager. 20 Q. How long have you been a project 21 manager for? 22 A. Since October, so ten months. 23 Q. Of 2014? 24 A. Correct. 25 Q. What was your title prior to that? 3 (Pages 6 to 9) Page 8 1 Masseria 8 2 A. Facilities service manager. 3 Q. How long were you facilities service 4 manager for? 5 A. Ten years. 6 Q. What were your duties as the 7 facilities service manager? 8 A. To manage the day-to-day repairs and 9 maintenance of Starbucks Cafe. 10 Q. Did that include maintenance and 11 repairs of the outside of Starbucks like the 12 sidewalk area adjacent to a Starbucks location? 13 A. It could, yes. 14 Q. Were there certain locations that were 15 assigned to you to manage? 16 A. Yes. 17 Q. Was the Starbucks location located at 18 291 Broadway assigned to you? 19 A. Yes. 20 Q. Did that Starbucks at that address 21 have a specific store number? 22 A. Yes. 23 Q. What was it? 24 A. I don't recall off the top of my head. 25 Q. If I said 7566, would that be Page 9 1 Masseria 9 2 accurate? 3 A. Sounds right. 4 Q. How often in 2014 prior to May of 2014 5 were you at that location? 6 A. I am sorry, can you repeat the 7 question? 8 Q. The question is how often were you at 9 the 291 Broadway location? 10 A. I don't recall specifically, many, 11 many times. 12 Q. Is there a set schedule that you would 13 have to go to that location, let's say, for 14 example, once every week, twice a week or 15 something else? 16 A. We are required at least to visit each 17 store at least once a year. 18 Q. During that at least one visit a year 19 what do you do or what are you required to do? 20 A. Something called a facility business 21 day. 22 Q. What does that include? 23 A. An evaluation of the store to check 24 its condition. 25 Q. Other than checking out the Starbucks,
Page 10 1 Masseria 10 2 the interior and everything dealing with the 3 Starbucks on the inside, would you during that 4 at least one year visit check out the outside of 5 the Starbucks? 6 A. Yes. 7 Q. What specifically would you look out 8 for or do? 9 A. Storefront, sidewalks, signage, 10 depending on what else is out there. 11 Q. When you said sidewalk, what with 12 respect to the sidewalk would you pay attention 13 to? 14 A. Just the overall condition. 15 Q. Would you look out to see if the 16 sidewalk needed to be repaired? 17 A. Yes. 18 Q. You would do that? You are required 19 to do that by Starbucks? 20 A. Yes. 21 Q. You would do that at least once a 22 year? 23 A. Yes. 24 Q. In 2013 how many times were you at 25 this 291 location? Page 11 1 Masseria 11 2 A. I don't know. 3 Q. Was it once or more than once? 4 A. I would say more than once. 5 Q. When you did that evaluation, did you 6 do it in writing, any kind of a checklist or 7 anything that needs to be filled out? 8 A. It's a checklist, it was on an ipad, 9 it wasn't in any handwriting but it was an app 10 on an ipad. 11 Q. What was it called? 12 A. SCA, store condition assessment. 13 Q. Can you take a look at what was marked 14 as Exhibits 4 and 5 dated July 27, 2015? Is 15 that what the -- 16 A. What was your question? 17 Q. The question is this, have you ever 18 seen an SCA report in print? 19 A. Yes. 20 Q. Does Exhibit 4 and 5 look like an SCA 21 report? 22 A. No. 23 Q. Is it fair to say that you filled out 24 an SCA report at least once in 2012, once in 25 2013, once in 2014 and once in 2015? 4 (Pages 10 to 13) Page 12 1 Masseria 12 2 A. No. 3 Q. You said that you would have? 4 MS. BALDWIN: He didn't have that 5 title anymore in 2015. 6 MR. TAMMA: Right. 7 Q. Did you do one in '12, '13 and '14, at 8 least one? 9 A. I don't recall. 10 Q. Did you do more than one? 11 A. It's a fairly new process, so I will 12 say yes, that I did more than one. 13 Q. When did this whole thing walking 14 around with the checklist on an ipad start with 15 Starbucks? 16 A. I don't recall. 17 Q. Do you remember if it was before or 18 after 2010? 19 A. I would say after. 20 Q. Do you remember if it was before or 21 after 2013? 22 A. I would say before. 23 MR. TAMMA: At this point we'll 24 request that copies of all of the SCA 25 reports be produced to us for 2012, 2013 Page 13 1 Masseria 13 2 and 2014 for the store located at 291 3 Broadway. We'll follow-up in writing. 4 Q. In 2012, to the best of your 5 recollection, how many times were you at the 291 6 Broadway location? 7 A. I don't know. 8 Q. At least once? 9 A. Yes. 10 Q. More than ten? 11 A. Possibly but I would be guessing. 12 Q. Do you recall if it was more than five 13 times that you were there? 14 A. I don't recall now. 15 Q. In 2013 how many times were you there? 16 A. I don't know. 17 Q. At least once? 18 A. Yes. 19 Q. 2014 how many times? 20 A. At least once. 21 Q. During each visit did you inspect the 22 sidewalk outside of that store? 23 A. No. 24 Q. Why not? 25 A. I am not required to and chances are
Page 14 1 Masseria 14 2 if I was there more than once, it was for 3 something specific and I don't believe it would 4 have been the sidewalk. 5 Q. Was there at least once a year in 6 2012, '13 and '14 when you were there that you 7 actually inspected the sidewalk? 8 A. I don't recall. 9 Q. When you fill out the SCA, you told me 10 you are required to inspect the condition of the 11 sidewalk? 12 A. That's right. 13 Q. So, did you perform your duties when 14 you did that at least once a year? 15 A. Yes. 16 Q. So, at least once a year you did 17 inspect the sidewalk, correct? 18 A. When I was there to do an SCA, yes, 19 but I think I said I wasn't sure when that 20 process started. 21 Q. You told me it was probably after 2010 22 but before 2013? 23 A. Correct. 24 MS. BALDWIN: He is not positive. 25 That is his best recollection. Page 15 1 Masseria 15 2 MR. TAMMA: I understand. 3 Off the record. 4 (Whereupon, a discussion was held 5 off the record.) 6 Q. In 2013 when you did the SCA 7 checklist, did you inspect the sidewalk? 8 A. Yes. 9 Q. When you inspected the sidewalk, did 10 you find any hazardous condition or conditions 11 on the sidewalk adjacent to the Starbucks that 12 needed repair? 13 A. I don't recall specifically in 2013 -- 14 oh, okay, well, sorry about that, this report is 15 from 2013, so the answer is yes. 16 MS. BALDWIN: Looking at Exhibits 4 17 and 5. 18 Q. You were looking at Plaintiff's 19 Exhibits 4 and 5, right? Can you take a look at 20 Plaintiff's Exhibit 4 and 5 actually? Does your 21 name appear on there? 22 A. Yes, it does. 23 Q. That is on the request or on 24 Plaintiff's 4, correct? 25 A. Correct. 5 (Pages 14 to 17) Page 16 1 Masseria 16 2 Q. What is Plaintiff's Exhibit 4 and 5? 3 A. It's a work order. 4 Q. Generated by Starbucks? 5 A. Yes. 6 Q. What is the date of that work order? 7 A. April 11, 2013. 8 Q. What is that work order request? 9 A. Let's see, this work order states that 10 the sidewalk is cracked and damaged particularly 11 on the Reade Street side. 12 Q. What does WOO open mean, work order? 13 A. Work order, yes. 14 Q. Now, did you physically see something 15 that pushed you to generate this report or -- 16 A. Yes. 17 Q. -- was it a phone call from somebody 18 or something else? 19 MS. BALDWIN: Note my objection but 20 you can answer the question. 21 A. I physically saw it. 22 Q. So, on April 11, 2013 you saw that on 23 Reade Street the sidewalk was cracked and 24 damaged and needed to be repaired? 25 A. Yes. Page 17 1 Masseria 17 2 Q. Who did you contact? 3 MS. BALDWIN: Explain the process, 4 what happens? 5 A. So, I was completing the assessment on 6 the ipad and one of the prompts it brings you to 7 the sidewalk and then you have to check the 8 condition and if it needs a repair, you click 9 another button to generate a work order and then 10 the work order is sent to the call center 11 electronically and the call center contacts 12 whoever the system showed as being the 13 responsible party. 14 Q. Who was supposed to repair the 15 sidewalk next to 291 Broadway? 16 A. To the best of my knowledge, the 17 landlord. 18 Q. When you did that report and you 19 generated the work order, did you take 20 photographs of the actual condition you were 21 complaining of? 22 A. Typically I do, yes. 23 Q. Does the ipad when you put in all of 24 the information and you get to that point where 25 it talks about sidewalk and before you generate
Page 18 1 Masseria 18 2 a work order, does it give you an option, do you 3 want to take a picture and you take a picture 4 and it attaches as well, anything of that 5 nature? 6 A. Yes. 7 MR. TAMMA: I would like to add to 8 my previous request that any photographs 9 taken with the SCA reports to be produced 10 as well. 11 MS. BALDWIN: We'll respond to all 12 of your requests accordingly. I am sure 13 they conducted a search already and if no 14 photos were turned over, we don't have 15 them, but I will have them do another 16 search. 17 MR. TAMMA: They may be attached 18 with the SCA reports which he just 19 testified he actually did perform and 20 generate but we don't have those either. 21 MS. BALDWIN: But having done these 22 depositions now for almost two years, I 23 have never seen that in writing, so we'll 24 have to find out how that works. 25 Q. Did you physically yourself contact Page 19 1 Masseria 19 2 the landlord? 3 A. No. 4 Q. The condition that you saw on April 5 11, 2011 on Reade Street with respect to the 6 sidewalk did you ever see it at any point before 7 that? 8 A. Possibly. 9 Q. Do you know if that condition was at 10 any point repaired? 11 A. I do not know. 12 (Whereupon, a discussion was held 13 off the record.) 14 Q. On Plaintiff's Exhibit 5 which appears 15 to be the second page of the work order where it 16 says under dispatch, is that where the call 17 center reached out to the landlord? 18 A. Yes. 19 Q. Under activity comment call ended up 20 with no answer and then call two ended up with 21 whoever called was told that they should contact 22 David Hirsch or the landlord? 23 A. It sounds right. 24 Q. Do you know whatever happened after 25 that, what happened with this work order? 6 (Pages 18 to 21) Page 20 1 Masseria 20 2 A. I don't. 3 Q. Did you ever follow-up with the work 4 order? 5 A. I don't recall. 6 Q. Is it your responsibility to follow-up 7 on such a work order? 8 A. Potentially. 9 Q. After April 11, 2013 did you perform 10 an SCA inspection again? 11 A. I don't recall. 12 Q. Your job title changed in October of 13 '14? 14 A. Correct. 15 Q. Which would have been a year and a 16 half after April 11, 2013 approximately, right? 17 A. If you do the math, yeah. 18 Q. Does that mean that at some point in 19 2014 you were at that location again doing an 20 SCA report? 21 A. No. 22 MS. BALDWIN: Just note my 23 objection. 24 A. So, technically I was on a temporary 25 assignment from April of 2014, so I wasn't -- Page 21 1 Masseria 21 2 although my title didn't change, I was on a 3 temporary assignment doing the work that I am 4 currently doing, so that is why I didn't do the 5 SCA. 6 Q. Take a look at Plaintiff's Exhibit 1. 7 You know what, I will give you all three? 8 MR. NEYRA: What is the date on 9 those? 10 MR. TAMMA: Let's see if I have 11 copies and I will tell you. 12 MR. NEYRA: That is okay, I will 13 get it later. 14 MR. TAMMA: Actually, I don't have 15 the date. 16 MS. BALDWIN: 7/27. You can give 17 those back to him and we'll look at 18 those. 19 MR. TAMMA: Thank you, that is 20 perfect. 21 Q. Have you seen Plaintiff's Exhibit 1 22 before? 23 A. Yes. 24 Q. When was that? 25 A. An hour ago.
Page 22 1 Masseria 22 2 Q. Is that a photograph that depicts the 3 Starbucks at 291 Broadway? 4 A. Yes. 5 Q. If you look at the photograph from 6 left to right that is Reade Street? 7 A. Yes. 8 Q. Going up and down on the right-hand 9 side that is Broadway, correct? 10 A. Yes. 11 Q. Take a look at Plaintiff's Exhibit 2, 12 have you ever seen that photograph before? 13 A. Yes. 14 Q. When? 15 A. An hour ago. 16 Q. Do you see the condition that is shown 17 in Plaintiff's Exhibit 2? 18 A. Yes. 19 Q. Have you seen that condition before? 20 A. I can't say specifically. 21 Q. Take a look at Plaintiff's Exhibit 3. 22 Have you seen that photograph before? 23 A. Yes. 24 Q. That was an hour ago? 25 A. Correct. Page 23 1 Masseria 23 2 Q. The Starbucks that is shown in that 3 photograph is that the Starbucks on 291 4 Broadway? 5 A. Yes. 6 Q. Is that the side of the Starbucks on 7 Reade Street? 8 A. Yes. 9 Q. Do you see the woman in the green 10 pants in that photograph? 11 A. Yes. 12 Q. Do you see the sidewalk next to her? 13 A. Yes. 14 Q. In 2013 when you made your complaint 15 when you generated the work order, was that with 16 respect to the condition that is shown in the 17 photograph next to the woman in the green pants? 18 A. I don't know. 19 Q. Do you recall where specifically the 20 condition that you were complaining of on Reade 21 Street was? 22 A. No. 23 Q. Is it possible that that was the 24 condition or the location of the condition that 25 you were generating the work order for? 7 (Pages 22 to 25) Page 24 1 Masseria 24 2 MS. COMPARATO: Objection. 3 MS. BALDWIN: Note my objection. 4 A. Yes. 5 Q. Before May of 2014 you were at that 6 location for years, correct? 7 A. Yes. 8 MS. BALDWIN: I am sorry, for what, 9 for years like in general? 10 MR. TAMMA: For years in general. 11 MS. BALDWIN: Not 4. 12 MR. TAMMA: No, as in F-O-R. 13 Q. The condition that is shown in 14 Plaintiff's Exhibit 3 next to the woman in green 15 pants during those years that you were at that 16 location have you seen that condition? 17 A. I don't know. 18 Q. Did anyone ever complain about the 19 condition that is shown in Plaintiff's Exhibit 3 20 next to the woman in the green pants? 21 A. Not that I recall. 22 Q. Do you know if anyone ever complained 23 of tripping and falling at that location? 24 A. Not that I am aware of. 25 Q. Do you know who Melissa Honrado is? Page 25 1 Masseria 25 2 A. No. 3 Q. You were not physically at that 4 Starbucks on a daily basis, correct? 5 A. No. 6 Q. Prior to May 13, 2014 can you tell me 7 when the location where that woman with the 8 green pants was last inspected? 9 A. I am sorry, can you ask it again? 10 Q. Were you at that location on May 13, 11 2014? 12 A. No. 13 Q. Is it fair to say you did not inspect 14 it on that date? 15 A. No, I did not. 16 Q. Do you know when that location where 17 the condition that is shown in photograph 18 Plaintiff's Exhibit 3 was last inspected before 19 May 13, 2014? 20 MR. TAMMA: Objection. 21 MS. BALDWIN: That presumes it was 22 there but note my objection. Just in 23 general you want to know when was the 24 last time it was inspected before May 13, 25 right?
Page 26 1 Masseria 26 2 MR. TAMMA: Correct. 3 A. April 11, 2013. 4 MS. BALDWIN: You know that for 5 sure? 6 THE WITNESS: By myself? 7 Q. By yourself it was inspected on April 8 13, 2013, April 11, 2013 rather? 9 A. Right, that is the last time I know it 10 was inspected. 11 Q. April 13, 2013 you inspected Reade and 12 Broadway Streets, correct? 13 A. Yes, correct. 14 Q. You found that on Reade Street the 15 sidewalk was broken and/or defective and needed 16 to be repaired? 17 MS. BALDWIN: Just note my 18 objection. 19 You can read it. 20 A. The sidewalk is cracked and damaged 21 particularly on Reade Street side. 22 Q. But you don't know if the damage and 23 broken part is the part that is shown in 24 Plaintiff's Exhibit 3? 25 A. No, I don't. Page 27 1 Masseria 27 2 Q. At any point thereafter were there any 3 other inspections of the location where this 4 woman is in Plaintiff's Exhibit 3 which is the 5 general area of where the plaintiff had her 6 accident? 7 MS. BALDWIN: At any time after? 8 MR. TAMMA: At any time. 9 MS. BALDWIN: After? 10 Q. After April 11, 2013 and on May 13, 11 2014 and before that. 12 A. I don't know. 13 Q. If a customer makes a complaint about 14 the sidewalk to Starbucks, would you guys 15 generate any type of documentation? 16 A. Possibly. 17 Q. If I walk into Starbucks at 291 18 Broadway right now and I say there is a big hole 19 on the sidewalk, what happens, what is the 20 procedure? 21 A. I don't know. 22 Q. What was the procedure when you were 23 there? 24 A. I don't work in the store, so I don't 25 know what their procedures are. 8 (Pages 26 to 29) Page 28 1 Masseria 28 2 Q. But you manage the day-to-day 3 operation, correct? 4 A. I manage day-to-day repairs and 5 maintenance. Operations is something different. 6 Q. So, wouldn't that fall within your 7 responsibility if the sidewalk needs a repair 8 and a customer comes in and says the sidewalk is 9 broken, you guys need to fix it? 10 MS. BALDWIN: Well, objection. 11 Q. Back when you had this title. 12 A. So, I am not in the store, so if they 13 go in the store and make a complaint, they speak 14 to the person in charge, it's that person's 15 responsibility to report it. 16 Q. To whom? 17 A. I don't know what their procedure is. 18 I would imagine they would call it into the call 19 center. 20 Q. They don't pick up the phone and call 21 you? 22 A. No. 23 Q. The phone call goes to the call center 24 and says customer came complaining of the 25 sidewalk, does the call center generate Page 29 1 Masseria 29 2 anything? 3 A. That is the procedure they should 4 create a work order. 5 Q. The work order that we have marked as 6 Plaintiff's Exhibit 4 and 5 that was as a result 7 of you actually seeing a condition that needed 8 to be repaired, not that a customer walked in 9 and complained about it? 10 A. Correct. 11 Q. How would that be different than this? 12 A. Just the format potentially. 13 Q. Have you ever seen such work orders 14 where the complaint came from a customer? 15 A. I see work orders, so, yeah, if it was 16 from a customer, it would be the same as if you 17 called it in and the store manager, so I have 18 seen work orders called in by the store. 19 Q. Did Starbucks do any type of repair at 20 any time at 291 Broadway, whether on Broadway or 21 Reade Street on the sidewalk? 22 A. Not that I am aware of. 23 Q. Before that when you were managing the 24 maintenance, as far as you know who was the 25 landlord for the building?
Page 30 1 Masseria 30 2 A. I don't know. 3 MR. TAMMA: I have no further 4 questions. Thank. 5 EXAMINATION BY 6 MS. COMPARATO: 7 Q. Good morning. 8 A. Hi. 9 Q. Can you just take a look at Exhibits 4 10 and 5 again, please? The work orders, this work 11 order or any other work orders, are they ever 12 shown to the landlord of the building? 13 A. If we have -- typically they are 14 E-mailed, so if we have the E-mail address, we 15 would E-mail it to them. 16 Q. A copy of these work orders? 17 A. Yes. It would be sent electronically. 18 Q. On Exhibit 5, the activities that it 19 says, the second one where it said called and 20 takes the phone number, man said to call, gave 21 you a different phone number and speak with 22 David Hirsch called and, and there is nothing 23 further, correct? 24 A. Correct. 25 Q. Do you know what happened? Page 31 1 Masseria 31 2 MS. BALDWIN: What do you mean? 3 Q. Called and, and what? 4 A. I don't know if they just stopped 5 typing or if the note is cut off. 6 Q. Is there a way to figure out what was 7 after that? 8 A. Yes. 9 Q. How? 10 A. Check the work order in the call 11 center database. 12 Q. Do you have the ability to do that? 13 A. No. 14 Q. Who does? 15 A. The call center folks or the current 16 facilities team. 17 Q. Do you know who either C. Richard or 18 C. Probst are? 19 A. I don't know them specifically but 20 they are more than likely the call center 21 agents. 22 Q. Are they responsible for notifying the 23 landlord of any issues? 24 A. Yes. 25 MS. BALDWIN: Them personally? 9 (Pages 30 to 33) Page 32 1 Masseria 32 2 Q. Well, the call center. 3 A. The call center, yeah, yes. 4 Q. If this was E-mailed, would it be 5 listed under these activities? 6 MS. BALDWIN: Have you ever worked 7 in the call center? Do you know what 8 they do? 9 THE WITNESS: I have never worked 10 in the call center. 11 Q. So, if it was E-mailed, you don't know 12 if it would be listed under the activity or not? 13 A. Yes, yes, it was -- it is noted in the 14 call center but I can't tell from looking at 15 this. 16 Q. I am just saying the general procedure 17 would be if it was E-mailed, they would have 18 noted it on the work order, correct? 19 A. I don't know what they do. 20 Q. Do you know who Bruce Pernot 21 (phonetic) is? 22 A. No. 23 Q. Have you ever personally spoken with 24 the landlord at this location? 25 A. I have spoken with David Hirsch. Page 33 1 Masseria 33 2 Q. About what? 3 A. I don't recall specifically but he 4 manages more than one of the locations that we 5 lease, so the name is familiar. 6 Q. Do you know if you ever spoke with him 7 about the 291 Broadway location? 8 A. I don't recall specifically. 9 Q. Do you recall ever speaking with him 10 specifically about the sidewalk of the 291 11 Broadway location? 12 A. I don't recall. 13 Q. The conversations that you had would 14 they be in person, over the phone or written 15 down over E-mail or something else? 16 A. Verbal and E-mail. 17 Q. What kinds of things would you talk 18 about, would you talk about complaints and 19 repairs or lease terms or something else? 20 MS. BALDWIN: Just note my 21 objection. He doesn't recall but you can 22 answer. 23 A. Repairs. 24 MS. COMPARATO: I think I am done. 25 Thank you.
Page 34 1 Masseria 34 2 CONTINUED EXAMINATION BY 3 MR. TAMMA: 4 Q. Do you still have those E-mails? 5 A. What E-mails? 6 Q. The ones you sent to Hirsch. 7 A. I said that if I spoke to him, it 8 would be verbal or via E-mail, so I don't know 9 if I have any specific E-mails to David. 10 MR. NEYRA: The City has no 11 questions. Just join in plaintiff's 12 requests and I will follow-up in writing. 13 EXAMINATION BY 14 MR. JANZEN: 15 Q. Good morning. My name is Ralph Janzen 16 and I represent Con Edison in this case. 17 Do you recall having any kind of 18 communication with Con Edison concerning the 19 sidewalk in front of 291 Broadway at any time 20 during your employment with Starbucks? 21 A. No, I did not. 22 Q. You do not recall or you did not have 23 any communication? 24 A. I did not have any. 25 Q. As far as you know, did anyone on Page 35 1 Masseria 35 2 behalf of your company have any communication 3 with Con Edison concerning the sidewalk at that 4 location? 5 A. I don't know that. 6 MR. JANZEN: I have no further 7 questions. 8 MR. TAMMA: I have one more 9 question. 10 CONTINUED EXAMINATION BY 11 MR. TAMMA: 12 Q. On Plaintiff's Exhibit 4 where it says 13 on this work order open, it has a date, work 14 order completed, work order created by and it 15 says status cancelled, what does that mean? 16 A. The work order was cancelled. 17 Q. Why? 18 A. I don't know. 19 Q. Is there anything on Plaintiff's 20 Exhibit 4 or Plaintiff's 5 that would indicate 21 why? 22 A. Not that I can see. 23 Q. On the right-hand side of Plaintiff's 24 Exhibit 4 it says manual dispatch, landlord, 25 what does that mean? 10 (Pages 34 to 37) Page 36 1 Masseria 36 2 A. So, the way the call center is set up 3 there is something called an asset, so the asset 4 would be the sidewalk and then that asset is 5 assigned like the person that is responsible, 6 the person or the vendor that is responsible, so 7 on this case the sidewalk is assigned to the 8 landlord. 9 Q. Underneath where it says manual 10 dispatch status accepted, does that mean the 11 landlord had accepted the call that the sidewalk 12 needed repair or what does that mean? 13 A. I don't know what that means. 14 Q. Do you know on the second page of 15 Plaintiff's 5 under activities if someone from 16 the call center reached out and spoke to David 17 Hirsch, would that be indicated here have spoken 18 to David Hirsch to fix, he acknowledged call, 19 something of that nature? 20 A. I believe it should be, yeah. 21 Q. Or is it that if they even speak to 22 the landlord, they don't generate any kind of 23 attempt or dispatch or a note? 24 A. They are supposed to document what 25 they did. 1 Masseria 37 2 MR. TAMMA: Thank you. 3 (Time noted: 11:00 a.m.) 4 5 6 THOMAS MASSERIA 7 8 9 Subscribed and sworn to 10 before me this day 11 of, 2015. 12 13 NOTARY PUBLIC 14 15 16 17 18 19 20 21 22 23 24 25 Page 37
1 Masseria 38 2 I N D E X 3 EXAMINATION BY PAGE 4 Mr. Tamma 7, 34, 35 5 Ms. Comparato 30 6 Mr. Janzen 34 7 Page 38 8 INFORMATION AND/OR DOCUMENTS REQUESTED 9 INFORMATION AND/OR DOCUMENTS PAGE/LINE 10 Production of SCA reports for 12/23 11 2012, 2013 and 2014 12 Production of photos 18/7 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 1 Masseria 39 2 CERTIFICATE 3 4 5 I, MARLEINE LAMEY, a Shorthand 6 Reporter and Notary Public of the State of 7 New York, do hereby certify: 8 9 That, THOMAS MASSERIA, the witness 10 whose examination is hereinbefore set 11 forth, was duly sworn, and that such 12 examination is a true record of the 13 testimony given by such witness. 14 I further certify that I am not 15 related to any of the parties to this 16 action by blood or by marriage; and that I 17 am in no way interested in the outcome of 18 this matter. 19 20 21 22 --------------- 23 MARLEINE LAMEY 24 25 11 (Pages 38 to 39)
Page 40 A ability 31:12 accepted 36:10 36:11 accident 27:6 accurate 9:2 acknowledged 36:18 action 4:15 6:15 39:16 activities 30:18 32:5 36:15 activity 19:19 32:12 actual 17:20 add 18:7 addition 4:11 6:10 address 7:10 8:20 30:14 adjacent 8:12 15:11 agents 31:21 ago 21:25 22:15,24 AGREED 4:3 4:18 5:8,14 5:21 6:3 and/or 26:15 38:8,9 answer 15:15 16:20 19:20 33:22 anymore 12:5 app 11:9 appear 15:21 appears 19:14 approximately 20:16 April 16:7,22 19:4 20:9,16 20:25 26:3,7 26:8,11 27:10 area 8:12 27:5 assessment 11:12 17:5 asset 36:3,3,4 assigned 8:15 8:18 36:5,7 assignment 20:25 21:3 ASSOCIATES 1:8 2:9 attached 18:17 attaches 18:4 attempt 36:23 attention 10:12 Attorney 2:4 Attorneys 2:9 2:13,19 3:4 August 1:12 Avenue 2:5 7:11 aware 24:24 29:22 a.m 1:13 37:3 B back 21:17 28:11 BALDWIN 2:21 12:4 14:24 15:16 16:19 17:3 18:11,21 20:22 21:16 24:3,8,11 25:21 26:4,17 27:7,9 28:10 31:2,25 32:6 33:20 bar 4:14 6:13 basis 25:4 begun 4:24 behalf 35:2 believe 14:3 36:20 best 13:4 14:25 17:16 between(amo... 5:8,14,21 6:3 big 27:18 blood 39:16 brings 17:6 Broadway 1:8 2:9,10 8:18 9:9 13:3,6 17:15 22:3,9 23:4 26:12 27:18 29:20 29:20 33:7,11 34:19 broken 26:15 26:23 28:9 Bruce 32:20 building 29:25 30:12 business 7:10 9:20 button 17:9 C C 2:2 3:2 31:17 31:18 Cafe 8:9 call 16:17 17:10 17:11 19:16 19:19,20 28:18,18,20 28:23,23,25 30:20 31:10 31:15,20 32:2 32:3,7,10,14 36:2,11,16,18 called 7:2 9:20 11:11 19:21 29:17,18 30:19,22 31:3 36:3 cancelled 35:15 35:16 CAROLYN 2:11 CARTAFAL... 2:8 case 34:16 36:7 center 17:10,11 19:17 28:19 28:23,25 31:11,15,20 32:2,3,7,10 32:14 36:2,16 certain 8:14 CERTIFICA... 39:2 certification 5:16 certify 39:7,14 chances 13:25 change 21:2 changed 20:12 charge 5:25 28:14 check 9:23 10:4 17:7 31:10 checking 9:25 checklist 11:6,8 12:14 15:7 Church 3:5 City 1:9 3:5 34:10 click 17:8 COFFEE 1:9 1:16 2:19 comes 28:8 comment 19:19 communicati... 34:18,23 35:2 company 1:9,9 1:16 2:14,19 35:2 Comparato 2:11 24:2 30:6 33:24 38:5 complain 24:18 complained 24:22 29:9 complaining 17:21 23:20 28:24 complaint 23:14 27:13 28:13 29:14 complaints 33:18 completed 35:14 completing 17:5 Con 34:16,18 35:3 concerning 34:18 35:3 condition 9:24 10:14 11:12 14:10 15:10 17:8,20 19:4 19:9 22:16,19 23:16,20,24 23:24 24:13 24:16,19 25:17 29:7 conditions 15:10 Conduct 6:6 conducted 18:13 CONSOLID... 1:8 2:14 contact 17:2 18:25 19:21 contacts 17:11 CONTINUED 34:2 35:10 controlled 5:5 conversations 33:13 Con't 3:2 copies 12:24 21:11 copy 5:22 30:16 CORP 1:8 2:10 Corporation 1:19 3:4 7:17 correct 7:24 14:17,23 15:24,25 20:14 22:9,25
Page 41 24:6 25:4 26:2,12,13 28:3 29:10 30:23,24 32:18 counsel 1:19 3:4 4:3,18 5:2 5:8,14,21,24 6:3 COUNTY 1:2 COURT 1:2 cracked 16:10 16:23 26:20 create 29:4 created 35:14 current 7:10,18 31:15 currently 7:13 21:4 customer 27:13 28:8,24 29:8 29:14,16 cut 31:5 C.P.L.R 4:7 5:4,11 6:5 D D 38:2 daily 25:4 damage 26:22 damaged 16:10 16:24 26:20 DANIEL 3:6 database 31:11 date 1:12 16:6 21:8,15 25:14 35:13 dated 11:14 David 2:13 19:22 30:22 32:25 34:9 36:16,18 day 9:21 37:10 day-to-day 8:8 28:2,4 dealing 10:2 deemed 5:3 defective 26:15 Defendant 1:10 1:16 2:13,19 3:4 Defendants 2:9 depending 10:10 depicts 22:2 depositions 6:7 18:22 DICKER 2:18 different 28:5 29:11 30:21 discussion 15:4 19:12 dispatch 19:16 35:24 36:10 36:23 document 36:24 documentation 27:15 DOCUMEN... 38:8,9 doing 20:19 21:3,4 Duane 1:19 duly 7:3 39:11 duties 8:6 14:13 E E 2:2,2 3:2,2 7:2 38:2 East 2:20 EDELMAN 2:18 Edison 1:9 2:14 34:16,18 35:3 EDWARD 2:6 either 18:20 31:17 electronically 17:11 30:17 ELSER 2:18 employed 7:14 employment 34:20 ended 19:19,20 ESQ 2:4,6,11 2:13,16,21 3:6 ESQS 2:8 evaluation 9:23 11:5 examination 1:15 6:10,13 7:6 30:5 34:2 34:13 35:10 38:3 39:10,12 examinations 4:23 examination(s) 4:10,13,20 5:2,10,17,23 examined 4:21 7:5 example 9:14 Exhibit 11:20 15:20 16:2 19:14 21:6,21 22:11,17,21 24:14,19 25:18 26:24 27:4 29:6 30:18 35:12 35:20,24 Exhibits 11:14 15:16,19 30:9 Explain 17:3 E-mail 30:14 30:15 33:15 33:16 34:8 E-mailed 30:14 32:4,11,17 E-mails 34:4,5 34:9 F facilities 8:2,3 8:7 31:16 facility 9:20 failure 4:11,24 6:11 fair 11:23 25:13 fairly 12:11 fall 28:6 falling 24:23 familiar 33:5 far 29:24 34:25 figure 31:6 File 2:16 3:7 filing 5:16 fill 14:9 filled 11:7,23 find 15:10 18:24 first 7:3 five 13:12 fix 28:9 36:18 folks 31:15 follows 7:5 follow-up 13:3 20:3,6 34:12 form 4:8 6:8 format 29:12 forth 39:11 found 26:14 front 34:19 furnished 5:24 further 4:17 5:7,13,20 6:2 30:3,23 35:6 39:14 F-O-R 24:12 G GARBER 2:4 general 24:9,10 25:23 27:5 32:16 generate 16:15 17:9,25 18:20 27:15 28:25 36:22 generated 16:4 17:19 23:15 generating 23:25 give 18:2 21:7 21:16 given 39:13 go 9:13 28:13 goes 28:23 Going 22:8 Good 30:7 34:15 green 23:9,17 24:14,20 25:8 GREG 2:4 guessing 13:11 guys 27:14 28:9 H H 7:2 half 20:16 handwriting 11:9 happened 19:24,25 30:25 happens 17:4 27:19 hazardous 15:10 head 8:24 held 1:18 15:4 19:12 hereinbefore 39:10 hereto 4:4,19 5:9,15,22 6:4 Hi 30:8 Hirsch 19:22 30:22 32:25 34:6 36:17,18 hole 27:18 Honrado 1:4 2:5 24:25 hour 21:25 22:15,24
Page 42 I imagine 28:18 include 8:10 9:22 including 4:7 6:7 Index 1:6 indicate 35:20 indicated 36:17 information 17:24 38:8,9 inside 10:3 inspect 13:21 14:10,17 15:7 25:13 inspected 14:7 15:9 25:8,18 25:24 26:7,10 26:11 inspection 20:10 inspections 27:3 interested 39:17 interior 10:2 ipad 11:8,10 12:14 17:6,23 Irving 2:15 issues 31:23 J Janzen 2:16 34:14,15 35:6 38:6 job 20:12 join 34:11 July 11:14 K kind 11:6 34:17 36:22 kinds 33:17 know 11:2 13:7 13:16 19:9,11 19:24 21:7 23:18 24:17 24:22,25 25:16,23 26:4 26:9,22 27:12 27:21,25 28:17 29:24 30:2,25 31:4 31:17,19 32:7 32:11,19,20 33:6 34:8,25 35:5,18 36:13 36:14 knowledge 17:16 L L 2:21 Lamey 1:21 39:5,23 landlord 17:17 19:2,17,22 29:25 30:12 31:23 32:24 35:24 36:8,11 36:22 lease 33:5,19 left 22:6 LENOFF 2:8 let's 9:13 16:9 21:10 listed 32:5,12 LLP 2:18 located 8:17 13:2 location 8:12 8:17 9:5,9,13 10:25 13:6 20:19 23:24 24:6,16,23 25:7,10,16 27:3 32:24 33:7,11 35:4 locations 8:14 33:4 long 7:20 8:3 look 10:7,15 11:13,20 15:19 21:6,17 22:5,11,21 30:9 looking 15:16 15:18 32:14 M M 2:13 7:2,2 Madison 2:5 maintenance 8:9,10 28:5 29:24 man 30:20 manage 8:8,15 28:2,4 MANAGEM... 1:8 2:10 manager 7:19 7:21 8:2,4,7 29:17 manages 33:4 managing 29:23 manual 35:24 36:9 marked 11:13 29:5 Marleine 1:20 39:5,23 marriage 39:16 Masseria 1:17 7:1,9,13 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:1 23:1 24:1 25:1 26:1 27:1 28:1 29:1 30:1 31:1 32:1 33:1 34:1 35:1 36:1 37:1,6 38:1 39:1,9 math 20:17 matter 39:18 mean 16:12 20:18 31:2 35:15,25 36:10,12 means 36:13 Melissa 1:4 2:5 24:25 months 7:22 morning 30:7 34:15 MOSKOWI... 2:18 motion 4:14 6:14 move 4:8,12 6:9,12 N N 2:2 3:2 38:2 name 7:8 15:21 33:5 34:15 nature 18:5 36:19 need 28:9 needed 10:16 15:12 16:24 26:15 29:7 36:12 needs 11:7 17:8 28:7 never 18:23 32:9 new 1:2,2,9,9 1:20,20,21 2:6,6,11,11 2:14,15,15,20 2:20 3:5,6,6 7:4,11,12 12:11 39:7 NEYRA 3:6 21:8,12 34:10 Notary 1:21 4:22,22 7:4 37:13 39:6 note 16:19 20:22 24:3 25:22 26:17 31:5 33:20 36:23 noted 32:13,18 37:3 notifying 31:22 number 8:21 30:20,21 O O 7:2 object 4:7,11 6:7,11 objection 16:19 20:23 24:2,3 25:20,22 26:18 28:10 33:21 October 7:22 20:12 offices 1:19 oh 15:14 okay 15:14 21:12 once 9:14,17 10:21 11:3,3 11:4,24,24,25 11:25 13:8,17 13:20 14:2,5 14:14,16 ones 34:6 open 16:12 35:13 operation 28:3 Operations 28:5 option 18:2 order 1:18 16:3 16:6,8,9,12 16:13 17:9,10 17:19 18:2 19:15,25 20:4
Page 43 20:7 23:15,25 29:4,5 30:11 31:10 32:18 35:13,14,14 35:16 orders 29:13,15 29:18 30:10 30:11,16 original 4:25 5:16 outcome 39:17 outside 8:11 10:4 13:22 overall 10:14 P P 2:2,2 3:2,2 page 19:15 36:14 38:3 PAGE/LINE 38:9 pants 23:10,17 24:15,20 25:8 part 6:5 26:23 26:23 particularly 16:10 26:21 parties 1:18 4:4 4:19 5:9,15 5:22 6:4 39:15 party 17:13 pay 10:12 perfect 21:20 perform 14:13 18:19 20:9 Pernot 32:20 person 28:14 33:14 36:5,6 personally 31:25 32:23 person's 28:14 phone 16:17 28:20,23 30:20,21 33:14 phonetic 32:21 photograph 22:2,5,12,22 23:3,10,17 25:17 photographs 17:20 18:8 photos 18:14 38:12 physically 16:14,21 18:25 25:3 pick 28:20 picture 18:3,3 Place 2:15 plaintiff 1:5 2:4 27:5 plaintiff's 15:18,20,24 16:2 19:14 21:6,21 22:11 22:17,21 24:14,19 25:18 26:24 27:4 29:6 34:11 35:12 35:19,20,23 36:15 please 7:8 30:10 point 12:23 17:24 19:6,10 20:18 27:2 positive 14:24 possible 23:23 Possibly 13:11 19:8 27:16 potentially 20:8 29:12 presumes 25:21 previous 18:8 print 11:18 prior 7:25 9:4 25:6 probably 14:21 Probst 31:18 procedure 27:20,22 28:17 29:3 32:16 procedures 27:25 process 12:11 14:20 17:3 produced 12:25 18:9 Production 38:10,12 project 7:19,20 prompts 17:6 provided 4:6 5:3,11 6:5 Public 1:21 4:22,22 7:4 37:13 39:6 purposes 5:11 pursuant 1:18 pushed 16:15 put 17:23 Q question 4:8,12 6:8,11 9:7,8 11:16,17 16:20 35:9 questions 30:4 34:11 35:7 R R 2:2 3:2 7:2 Ralph 2:16 34:15 reached 19:17 36:16 read 26:19 Reade 16:11,23 19:5 22:6 23:7,20 26:11 26:14,21 29:21 REALTY 1:8 2:9 recall 8:24 9:10 12:9,16 13:12 13:14 14:8 15:13 20:5,11 23:19 24:21 33:3,8,9,12 33:21 34:17 34:22 recollection 13:5 14:25 record 7:8 15:3 15:5 19:13 39:12 related 39:15 remember 12:17,20 repair 15:12 17:8,14 28:7 29:19 36:12 repaired 10:16 16:24 19:10 26:16 29:8 repairs 8:8,11 28:4 33:19,23 repeat 9:6 report 11:18,21 11:24 15:14 16:15 17:18 20:20 28:15 Reporter 39:6 reports 12:25 18:9,18 38:10 represent 34:16 representing 5:24 request 12:24 15:23 16:8 18:8 REQUESTED 38:8 requests 18:12 34:12 required 9:16 9:19 10:18 13:25 14:10 reserved 4:10 4:15 6:10,14 respect 10:12 19:5 23:16 respective 1:17 4:4,19 5:9,15 5:22 6:4 respond 18:11 responsibility 20:6 28:7,15 responsible 17:13 31:22 36:5,6 result 29:6 return 4:25 Richard 31:17 right 4:7 6:7 9:3 12:6 14:12 15:19 19:23 20:16 22:6 25:25 26:9 27:18 rights 4:6 5:3 6:4 right-hand 22:8 35:23 Rules 5:4 6:6 S S 2:2 3:2 7:2,2 7:2 SANTORO 2:13 saw 16:21,22 19:4 saying 32:16 says 19:16 28:8 28:24 30:19 35:12,15,24 36:9 SCA 11:12,18 11:20,24 12:24 14:9,18 15:6 18:9,18 20:10,20 21:5 38:10 schedule 9:12
Page 44 search 18:13,16 second 19:15 30:19 36:14 see 10:15 16:9 16:14 19:6 21:10 22:16 23:9,12 29:15 35:22 seeing 29:7 seen 11:18 18:23 21:21 22:12,19,22 24:16 29:13 29:18 sent 17:10 30:17 34:6 service 8:2,3,7 set 9:12 36:2 39:10 SHELLY 2:21 Shorthand 39:5 showed 17:12 shown 22:16 23:2,16 24:13 24:19 25:17 26:23 30:12 side 16:11 22:9 23:6 26:21 35:23 sidewalk 8:12 10:11,12,16 13:22 14:4,7 14:11,17 15:7 15:9,11 16:10 16:23 17:7,15 17:25 19:6 23:12 26:15 26:20 27:14 27:19 28:7,8 28:25 29:21 33:10 34:19 35:3 36:4,7 36:11 sidewalks 10:9 signage 10:9 SLATTERY 2:8 somebody 16:17 sorry 9:6 15:14 24:8 25:9 sounds 9:3 19:23 speak 28:13 30:21 36:21 speaking 33:9 specific 8:21 14:3 34:9 specifically 9:10 10:7 15:13 22:20 23:19 31:19 33:3,8,10 spoke 33:6 34:7 36:16 spoken 32:23 32:25 36:17 Starbucks 1:9 1:16 2:19 7:17 8:9,11 8:12,17,20 9:25 10:3,5 10:19 12:15 15:11 16:4 22:3 23:2,3,6 25:4 27:14,17 29:19 34:20 start 12:14 started 14:20 state 1:2,21 7:4 7:8 39:6 states 16:9 status 35:15 36:10 STIPULATED 4:2,17 5:7,13 5:20 6:2 stopped 31:4 store 8:21 9:17 9:23 11:12 13:2,22 27:24 28:12,13 29:17,18 Storefront 10:9 Street 1:20 2:20 3:5 16:11,23 19:5 22:6 23:7,21 26:14,21 29:21 Streets 26:12 strike 4:9,12 6:9,12 Subscribed 37:9 Suite 7:11 supposed 17:14 36:24 SUPREME 1:2 sure 14:19 18:12 26:5 SUTTON 1:8 2:9 sworn 4:20 7:3 37:9 39:11 system 17:12 S-0556-14 2:16 T T 7:2 take 11:13 15:19 17:19 18:3,3 21:6 22:11,21 30:9 taken 1:17 18:9 takes 30:20 talk 33:17,18 talks 17:25 Tamma 2:6 7:7 12:6,23 15:2 18:7,17 21:10 21:14,19 24:10,12 25:20 26:2 27:8 30:3 34:3 35:8,11 37:2 38:4 te 6:3 team 31:16 technically 20:24 tell 21:11 25:6 32:14 temporary 20:24 21:3 ten 7:22 8:5 13:10 terms 33:19 testified 7:5 18:19 testifying 5:25 testimony 4:9 4:12 6:9,12 39:13 Thank 21:19 30:4 33:25 37:2 thing 12:13 things 33:17 think 14:19 33:24 this(these) 5:17 Thomas 1:17 7:9 37:6 39:9 three 21:7 time 1:13 25:24 26:9 27:7,8 29:20 34:19 37:3 times 9:11 10:24 13:5,13 13:15,19 title 7:18,25 12:5 20:12 21:2 28:11 told 14:9,21 19:21 top 8:24 trial 1:15 4:15 6:15 tripping 24:23 true 39:12 turned 18:14 TURPIN 2:8 twice 9:14 two 18:22 19:20 type 27:15 29:19 typically 17:22 30:13 typing 31:5 U Underneath 36:9 understand 15:2 Uniform 6:6 utilized 5:10 V vendor 36:6 verbal 33:16 34:8 visit 9:16,18 10:4 13:21 W waived 5:18 waiver 4:14 5:3 6:13 walk 27:17 walked 29:8 walking 12:13 want 18:3 25:23 wasn't 11:9 14:19 20:25 way 31:6 36:2 39:17 week 9:14,14 we'll 12:23 13:3 18:11,23 21:17 WILSON 2:18 witness 7:3 26:6 32:9 39:9,13 witness(es)
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