Preview
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EXHIBIT C
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155
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2 .8UPRE ME COURT OF THE STATE OF NEW YORK
COUN T Y OF KINGS
3 -----------------------------------------X
E ENJAMIN GOLDSTEIN suing individually and
4 derivatively on behalf of 189 20TH STRE ET
F'EALTY LLC,
5
PLAINTIFF,
6
-against- Index No. :
7 503863/2014
8 ._OUIS SCHWARTZ A/K/A ARI SCHWARTZ , 189
F ROPERTY LLC , CAPITAL ONE, NATIONAL
9 ASSOCIATION; AND 189 20TH STREET REALTY LLC
as Nominal Defendant,
10
DEFENDANTS.
11 · ----------------------------------------X
(~DDITIONAL CAPTIONS ON FOLLOWING PAGE)
12
13 DATE: November 21 , 2023
14 TIME: 10:44 a.m.
15
16 CONTINUED VIDEOCONFERENC E EXAMINATION
17 B E FORE TRIAL of the Defendant, LOUIS
18 SCHWARTZ, taken by the Plaintiff, pursuant
19 ~o a Court Order, held remotely via Zoom,
20 before Phyllis F. Russek, a Shorthand
21 Reporter and Notary Public of the State of
22 New York .
23
24 RAPID REPORTING LLC
(718) 30-0704
25
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2 ;uPREME COURT OF THE STATE OF NEW YORK
C OUNTY OF KINGS
3 -----------------------------------------X
E ENJAMIN GOLDSTEIN suing individually and
4 derivatively on behalf of 816 BELMONT
FEALTY,
5
PLAINTIFF,
6
-against- Index No.:
7 503864/2014
8 OUIS SCHWARTZ A/K/A ARI SCHWARTZ, 816
E ELMONT REAL TY LLC as nominal defendant,
9 ~nd JP MORGAN CHASE, NA;
10 DEFENDANTS.
- ----------------------------------------X
11 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
12 ~-----------------------------------------X
E ENJAMIN GOLDSTEIN suing individually and
13 k:lerivatively on behalf of 10 W182ND STREET
FEALTY,
14
PLAINTIFF,
15
-against- Index No.:
16 50386/52014
17 LOUIS SCHWARTZ A/K/A ARI SCHWARTZ; JP
~ 1ORGAN CHASE, NA, and 10 W182ND STREET
18 REAL TY LLC, as nominal defendant,
19 DEFENDANTS.
- ----------------------------------------X
20
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2 A P P E A RA N C E S:
3 STEIN FARKAS & SCHWARTZ, LLP
Attorneys for the Plaintiff
4 49 West 37th Street
New York, New York 10018
5 BY: JEFFREY SCHWARTZ , ESQ.
6 KLG LUZ & GREENBERG
Attorneys for the Defendant
7 Louis Schwartz
211 East 43rd Street
8 New York, New York 10017
BY: THOMAS LUZ, ESQ.
9
ALSO PRESENT: GABRIEL ROSENBERG, ESQ .
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2 REMOTE STIPULATIONS
3 IT IS HEREBY STIPULATED AND AGREED by
4 ,and between counsel for all parties present
5 hat pursuant to CPLR 3113(d) this
6 deposition is to be conducted by
7 •videoconference, that the court reporter,
8 ,all counsel, and the witness are all in
9 1>eparate remote locations and participating
10 ~ia videoconference (Webex/Zoom/LegalView)
11 meeting under the control of Rapid
12 Reporting LLP, that the officer
13 administering the oath to the witness need
14 not be in the place of the deposition and
15 ~he witness shall be sworn in remotely by
16 he court reporter after confirming the
17 witness's identity, that this
18 videoconference will not be recorded in any
19 manner and that any recording without the
20 express written consent of all parties
21 shall be considered unauthorized, in
22 violation of law, and shall not be used for
23 any purpose in this litigation or
24 otherwise.
25 IT IS FURTHER STIPULATED that
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2 ;Xhibits may be marked by the attorney
3 )resenting the exhibit to the witness, and
4 hat a copy of any exhibit presented to a
5 'Nitness shall be Emailed to or otherwise in
6 )Ossession of all counsel prior to any
7 ,;iuestioning of a witness regarding the
8 exhibit in question. All parties shall
9 Dear their own costs in the conduct of this
10 ki eposition by videoconference ,
11 notwithstanding the obligation by CPLR to
12 supply a copy of the transcript to the
13 kieposed party by the taking party in civil
14 litigation matters .
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1 SCHWARTZ
2 (Plaintiff's Exhibits BC-BP
3 were premarked for identification .)
4 ... 0 U I S S C H W A R T Z, called as a
5 •Witness, having been first duly affirmed
6 'Sworn by a Notary Public of the State of
7 New York, was examined and testified as
8 allows:
9 t: XAMINATION BY
10 MR. SCHWARTZ:
11 Q Please state your name for the
12 record.
13 A Louis Schwartz.
14 Q What is your current address?
15 A 5961 Southwest 37th Avenue,
16 Fort Lauderdale, Florida 33312 .
17 Q Good morning, Mr. Schwartz. My
18 name is Jeffrey Schwartz. I am an attorney
19 representing the plaintiff in the series of
20 actions, representing Benjamin Goldstein
21 and others. Are you familiar with the
22 lawsuits I'm asking you about?
23 A Yes.
24 Q This is a continued deposition
25 of you in connection with documents that
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2 ''' OU were requested to and/or provided to us
3 •;ubsequent to your last deposition. Okay?
4 A Okay.
5 Q Do you understand that?
6 A Yes.
7 Q And prior to your last
8 deposition , I gave you a series of
9 instructions regarding a deposition. I'm
10 going to try to repeat them quickly.
11 If at any time a question asked
12 is unclear to you, please let me know, and
13 I will try to rephrase it. Is that okay?
14 A Yes.
15 Q And if at any time I ask you a
16 r::1uestion that requires a yes or no answer,
17 please verbally state the answers yes or no
18 ~s opposed to shaking your head . Do you
19 understand that?
20 A Yes .
21 Q And if at any time you want to
22 ~sk your attorney a question or take a
23 break for any other reason , please let me
24 know, but I request that you not do so
25 while there is an open question pending.
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2 )o you understand that?
3 A Yes.
4 Q Prior -- since your last
5 deposition, have you reviewed documents in
6 ii-onnection with these lawsuits?
7 A Yes.
8 Q What documents have you
9 1 eviewed since your last deposition in
10 !Connection with these lawsuits?
11 A Documents that I gave you from
12 my computer system .
13 Q So you provided us with a
14 !Series of documents , which we'll get to a
15 little bit later, that were generated by
16 your management software, correct?
17 A Yes .
18 Q Other than those documents,
19 what other documents have you reviewed
20 !Since your last deposition?
21 A Nothing .
22 Q Did you read your deposition
23 ~estimony?
24 A Yes.
25 Q Okay, so just, I mean I'm
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2 ,asking this, so I would consider that a
3 document, okay? You reviewed a document --
4 MR. LUZ: I guess you better
5 define what you mean by a document.
6 MR. SCHWARTZ: That's why I'm
7 trying -- I'm trying -- I'm trying
8 to get to that.
9 Q I'm not trying to trap you.
10 I'm trying to explain what I'm asking. You
11 had an opportunity to review the -- the
12 k:leposition testimony?
13 A Yes . Not in depth. I reviewed
14 it.
15 Q Okay . And did you review any
16 tif the letters that I sent to your attorney
17 or that your attorney sent back to me?
18 A Not specifically.
19 Q Do you recall reading and
20 $igning affidavits?
21 A Like what do you mean?
22 Q Did you review and sign any
23 affidavits in connection with the lawsuits?
24 MR. LUZ: Do you mean the
25 affidavits in connection with the
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2 motion to compel that you all
3 filed? Is that what you're asking
4 about?
5 MR. SCHWARTZ: I mean any -- I
6 mean that and any other affidavits
7 he may have signed.
8 MR. LUZ: Well --
9 MR. SCHWARTZ: If he doesn't
10 remember, I'll show it to him.
11 Q I'm just asking if you recall.
12 MR. LUZ: Yeah, please show it
13 to him .
14 Q Do you -- do you have any
15 specific recollection of signing any
16 affidavits?
17 A I might have signed something .
18 I'm not sure what you're referring to, but.
19 Q Okay. Mr. Schwartz, nothing
20 here is a trap, okay, just what you
21 remember. If you don't remember, you don't
22 remember. It's okay. That's also an
23 answer. I'm just trying to get what you do
24 and don't know.
25 A Okay.
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2 Q The background questions now
3 .~re to understand how to ask my questions,
4 ibkay?
5 A Okay.
6 Q Other than the documents that
7 •1tou produced to us and other than the
8 deposition testimony that you skimmed or
9 1 eviewed in some capacity, are there any
10 bther documents that you specifically
11 review -- recall reviewing since your last
12 kieposition until today?
13 A I don't know what you're
14 referring to . If there is something
15 !Specific that you are asking me as to what
16 I reviewed, I'll tell you whether I
17 reviewed it.
18 Q It's my job to ask the
19 questions. It's your job to answer them .
20 I'm asking you generally. I'm asking you
21 ;Jenerally and I'm asking you based on your
22 recollection, do you recall reviewing any
23 bther documents in connection with these
24 lawsuits other than the documents you
25 produced and the deposition transcript?
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2 A No.
3 Q I'm going to show you a
4 document marked Exhibit BO.
5 MR. SCHWARTZ: Let me know when
6 you have it up , Tom.
7 MR. LUZ: It's open.
8 MR. SCHWARTZ: Okay.
9 MR. LUZ: Just for the record
10 it looks to be a letter dated
11 December 21st, 2022, from Stein
12 Farkas and Schwartz to me.
13 MR. SCHWARTZ : Yeah. I'll
14 identify these documents as we get
15 to them. I just wanted to make
16 sure you had them on the screen.
17 Q So , Mr. Schwartz , I'm showing
18 you a document marked Exhibit BO. It's a
19 letter, it's December 1, 2022, that was
20 lsent via e-mail to Thomas Luz, Esquire. Do
21 you see the letter?
22 A Yes, I have seen the letter.
23 Q Have you seen this letter
24 before?
25 A Yes .
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2 Q Okay. And when you saw the
3 letter, did you review the documents that
4 •fvere requested?
5 A Yes .
6 Q And did you assist your
7 ,attorney in preparing a response to those
8 document requests?
9 MR. LUZ: So he asked you did
10 you assist me in preparing the
11 response.
12 A Yes.
13 Q Did you go through each request
14 land provide your attorney with either
15 kiocuments that were responsive or a
16 K:iifferent response that you were aware of?
17 MR. LUZ: One moment, please .
18 Q There is an open question so I
19 would ask you to answer it.
20 A I -- yes.
21 Q Now, I'm going to show you a
22 kiocument that's been marked for
23 identification as Exhibit BE . Okay. This
24 is a --
25 MR. SCHWARTZ: Let me know when
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2 you have it on your screen, Thomas,
3 and then I'll --
4 MR. LUZ: It's up and ready.
5 Q I'm showing you a document
6 1hlarked as Exhibit BE which is a letter from
7 •I/our attorney to my office dated
8 December 13th, 2022. Have you seen this
9 letter before?
10 A Yes.
11 Q And does this letter -- is
12 lthis -- did you -- what do you understand
13 lthis letter to be?
14 A That's a response to your
15 request.
16 Q And did you assist your
17 ~ttorney in preparing this response?
18 A Yes. Yes. Now I understand .
19 ries.
20 Q Okay.
21 MR. SCHWARTZ: I don't know
22 if -- Tom, these aren't that long,
23 · if you jump back and forth on your
24 screen or if you want to print them
25 but I'm going to try to go back and
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2 forth with him on the requ est and
3 the response. So if it gets
4 complicated , maybe we'll -- you
5 know, you could print it, but, I'll
6 try to do that.
7 MR. LU Z : I'm in a conference
8 room that doesn't have a printer so
9 we're going to have to --
10 MR. SCHWARTZ : All right.
11 We'll jump back and forth.
12 Q Okay. So take a look at
13 Exhibit BO.
14 MR. LUZ: I have to reopen.
15 It's open.
16 Q Okay. And do you see this is a
17 request for a copy of a cancellation of a
18 ~ontract?
19 A Yes.
20 Q Do you know what document that
21 was referring to?
22 A Yes.
23 Q Am I correct that that was --
24 hat you previously had a contract that was
25 cancelled between you and the ultimate
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2 )uyer of the property located at 189 20th
3 :t,treet?
4 A Yes .
5 Q Did you look in your personal
6 ecords if you had a copy of this -- of
7 his cancellation?
8 A Yes.
9 Q And were you able to locate
10 bne?
11 A No.
12 Q Now, you indicate in your
13 response that your attorney may have that
14 k:Jocu ment?
15 MR. LUZ: Let me see. One
16 second .
17 We're trying to do a split
18 screen . Oh , here we are . This --
19 yeah, here we go. I can move it.
20 MR. SCHWARTZ: If you want to
21 take two minutes and print them,
22 Tom , it might be quicker. I should
23 have told you to do that
24 beforehand.
25 MR. LU Z : We're just going to
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2 have to bounce back and forth.
3 MR. SCHWARTZ: Okay.
4 MR. LUZ: Which one do you want
5 to look at, B or -- D or E?
6 MR. SCHWARTZ: Well, I asked
7 him a question, and I think -- I
8 asked if he indicated that his
9 attorney might have it and he
10 wanted to look at E.
11 A Right, okay, so request
12 number 1, is that what you're referring to?
13 Q Yes.
14 A Right. Correct. That is
15 !accurate.
16 Q You indicated that your
17 attorney might have it, correct?
18 A Correct.
19 Q Did you ask your attorney if he
20 had it?
21 A I asked -- we gave you a
22 release.
23 MR. SCHWARTZ: I move to strike
24 as not responsive.
25 Q I'm asking you a question. Did
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2 'OU ask Mr. Scher for a copy of it?
3 A I don't recall.
4 Q Turning to request number 2.
5 Copy of documents demonstrating that Louis
6 Schwartz advanced 300- to 400,000 to
7 89 20th Street Realty. Do you see that?
8 A Yes.
9 Q Now, if you look at BE --
10 A I am.
11 Q Okay. So you indicate that you
12 ere providing those documents together with
13 ~he letter, correct?
14 A Yeah. Well, we produced it to
15 you.
16 Q I'm asking you in BE if you're
17 indicating to me that you are producing a
18 response to that request which --
19 MR. LUZ: I wrote the letter.
20 He didn't.
21 MR. SCHWARTZ: He can tell me
22 what his understanding is.
23 MR. LUZ: Well, no, no. You
24 didn't ask him what his
25 understanding was. You asked him
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2 if that's what he's indicating.
3 And he's not indicating anything in
4 this letter. I wrote the letter.
5 Q What do you understand your
6 esponse to question number two to be in
7 =xhibit BE?
8 A You requested documentation on
9 3 loan I took out for the building that I
10 put into the property and that you needed
11 proof. So you have it.
12 Q I'm sorry . What do you
13 understand my request in demand number two
14 o be asking you for?
15 A You wanted -- well , that's very
16 clear. You want copies of documents
17 demonstrating that I advanced 300- to
18 400 ,000 in 189 20th Street.
19 Q Okay. But it's not -- it's not
20 a loan that you took out, right? I'm
21 asking you for -- you understand I'm asking
22 you for proof of money that you say you
23 gave to the company .
24 A Right.
25 Q Right. And what did you
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2 ,espond?
3 A I showed you the documents of
4 Nhat was -- was -- was -- what I had to --
5 Nhat I had to do to get the money into the
6 Duilding.
7 Q Okay. So can we please -- can
8 1,ou please take a look at Exhibit BF?
9 A Sure. Okay.
10 Q Showing you Exhibit BF.
11 A Okay.
12 Q What do you understand this --
13 end Exhibit BF is a document that's a
14 !Series of pages on a generated report that
15 lsays Regency Management Corp. on top.
16 There is a time stamp of 12:14:22. What do
17 you -- so do you -- do you see the document
18 I'm showing you now?
19 A Yes.
20 Q Now, is this one document or is
21 his a series of printout?
22 A It reflects a check that I gave
23 or $18,000 to a vendor, 10 West 182nd
24 Street Realty, received a check from me,
25 theck number 2546. The date is
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2 September 15th of '06 for $18,000 to cover
3 he account. And that came out of one of
4 Irny accounts, which is , the code for that
5 .~ccount is LOUIS.
6 MR. LU Z : Just for the record
7 he's looking at page 1 of this
8 document.
9 MR. SCHWARTZ: I understood.
10 Q You just described page 1. I'm
11 ~sking you about this entire series of
12 kJocuments, of pages that are Exhibit BF,
13 which is the entirety of your response to
14 kjemand number two. Do you see all the
15 pages?
16 A I'm -- I'm scrolling down.
17 MR. LU Z : Yeah, I mean, he's
18 scrolling through --
19 MR. SCHWARTZ: Tom, Tom , if I
20 want to depose you, I will. You've
21 basically interrupted every single
22 question . I'm going to ask you to
23 please stop. I'm sure this is not
24 your first rodeo , so, please .
25 A Okay, so what's your question
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2 specifically? I -- I understand what --
3 now the document works.
4 Q Okay. So this is -- Exhibit BF
5 'vvas documents that you -- your attorney
6 brovided as a response to question
7 1humber --
8 A Yes --
9 THE REPORTER : You're going to
10 need to please wait until he
11 finishes his whole question. Thank
12 you.
13 Q Exhibit BF is a series of --
14 !are the documents that your attorney
15 provided us in response to Exhibit 2, okay?
16 A Let me just go back so see what
17 Exhibit 2 was?
18 Q Request number two. Request
19 number two.
20 A I'm just, I just want to see so
21 I can connect the two.
22 Right. So that's not in
23 connection with Exhibit 2.
24 Q Exhibit BF is not a response to
25 request number 2?
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2 A Correct.
3 Q So request number 2 asked for
4 documents demonstrating that you advanced
5 3- to $400,000.
6 A Right.
7 Q And your attorney wrote back in
8 his letter that it's attached, that it's
9 broduced with th e letter. Do you see that?
10 A Okay.
11 Q Were there any other documents
12 bther than Exhibit BF that your attorney
13 provided with the letter?
14 A I have no idea.
15 Q Exhibit BF does not demonstrate
16 how you advanced 3- to $400,000 to 189 20
17 Realty?
18 A That is correct.
19 Q What does Exhibit BF show?
20 A It shows that -- checks that I
21 had to write out because the accounts
22 needed to be covered. And I took it out
23 rom either personal funds or other
24 properties that I own . Unrelated to the
25 300,000.
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2 Q What's the 300,000 that you
3 understand I'm asking you about?
4 A I -- there was a point in time
5 where I needed funding to, either it was
6 or another building that Goldstein had
7 -with me. It wasn't 189 20th Street.
8 Q Let's take a step back.
9 hink you're -- I think you're
10 misunderstanding what we're talking about.
11 A Okay.
12 Q So I'm going to try to explain
13 it, and then you'll tell me if I'm
14 refreshing your recollection, okay? In
15 vour prior -- in your prior deposition, we
16 discussed that you sold a property and
17 didn't tell Mr. Goldstein about it. Do you
18 recall that?
19 A Yes .
20 Q And your testimony was that you
21 were owed approximately 3- to $400,000 that
22 you had advanced out of your own money on
23 behalf of 189 20th Street.
24 A That -- that has nothing to do
25 with item 2, in my mind.
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2 Q Okay. Well, I wi ll assure you
3 hat item 2 is asking for proof of that 3-
4 o $400,000. Copies of documents
5 lemonstrating that you advanced 3- to
6 00 ,000 for the 189 20th Street building.
7
I hat you gave it to them .
8 A Okay. Can I talk or --
9 Q Sure .
10 A Okay. Thank you .
11 This -- these documents in BF
12 is 51 pages, or whatever the total is -- I
13 don't remember exactly what the total is --
14 but -- but these are checks of mine that I
15 covered the account. The 300,000 , number
16 300,000, that's in my head is a fixed
17 amount. It's not 3- to 400 or whatever.
18 It's -- it's an exact number of 300 ,000.
19 And I know we gave you documentation that I
2::l had to borrow that amount in order to cover
21 $hortfalls.
22 Q Do you recall -- are you
23 alking about money that you borrowed or
24 money that you advanced to the LLC?
25 A I -- I forwarded to you
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2 documents of money that I borrowed to cover
3 he LLC .
4 Q What documents did you forward
5 o me to show that you borrowed money?
6 MR. LUZ: Go ahead and describe
7 it. Just tell us about it.
8 Describe it.
9 A I think it was two pages. It
10 was two pages stapled together, stapled by
11 us, but, with some Hebrew writing on it.
12 Q When did you provide that
13 document?
14 MR. LUZ : Tell him to the
15 extent you know.
16 A It was on your -- on your
17 original request we sent it.
18 Q So that -- that -- you're
19 alking about something you sent in your
20 original request , not as a request -- a
21 response to this letter, right?
22 A In response to this letter, I
23 did two things. I don't know where in your
24 letter by heart you're referring to these
25 particular checks, but whether it's item 2
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2 ipr not item 2, I know you have from me this
3 .~dditional information of monies that I
4 laid out, and you also have that. So
5 nowever you -- however you wrote the
6 letter, this was my understanding that you
7 nave both.
8 Q Let's start like this.
9 Exhibit B -- Exhibit BO, which was the
10 letter we sent you, right? You see that,
11 right?
12 A Yes.
13 Q And you responded with your --
14 by your attorney with Exhibit BE, correct?
15 A BE. Oh, yes. Yes.
16 Q And in addition to Exhibit BE,
17 you attached the documents that are marked
18 BF?
19 A Among others.
20 Q Among others? Well, that's my
21 ~uestion to you . You attached BF, right?
22 A Okay.
23 Q Other than Exhibit BF , did your
24 attorney attach any other documents
25 ogether with Exhibit BE?
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2 A You're breaking up.
3 Q I'm sorry.
4 A You were breaking up. I didn't
5 1ear the question.
6 Q Other than Exhibit BF, did your
7 ~ttorney send any other documents along
8 rvith Exhibit BE?
9 A I have no idea.
10 Q Are you aware of any other
11 ~ocuments sent along with BE other than
12 Exhibit BF?
13 A I'm not aware. I don't know.
14 Q I will represent to you that I
15 klon't have any other documents
16 responsive -- that were sent together with
17 Exhibit BE other than Exhibit BF.
18 MR. SCHWARTZ: Tom , if I am
19 incorrect, let's not go down a path
20 that makes no sense . But together
21 with Exhibit BE you sent
22 Exhibit BF . That's all we have.
23 MR. LUZ: And then I think I --
24 I don't remember specifically. You
25 can depose me ; I don't care, but
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2 I -- I sent along documents, a set
3 of -- a couple of sets of
4 documents, and they may not have
5 been all together. But the
6 document he is describing is a
7 two-page document written in
8 Hebrew. It's a loan document where
9 he -- in which he borrowed
10 $300 ,000. Positive I produced it.
11 If you give me a second, I'll find
12 out when.
13 MR. SCHWARTZ: Sure . Take a
14 second.
15 MR. LUZ: All right. Let me
16 see what the date on my response
17 is .
18 So I actually sent that letter
19 in January. So let me follow up
20 and see when I sent it.
21 Okay . I have the document up.
22 I don't -- I -- I think it might
23 have been sent -- well , I don't
24 know when it was sent, but I'm
25 pretty sure it was sent. If you --
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1 SCHWARTZ
2 I can either e-mail it to you right
3 now or I can share a screen and
4 take a look at it, but I have it
5 up.
6 MR. SCHWARTZ : Well, Tom , why
7 don't you e-mail it, but I will
8 tell you the following before you
9 send the e-mail. So if you want to
10 take five.
11 We have, since the deposition,
12 your response to this letter, which
13 only had BF. You attached
14 documents as part of our motions.
15 Other than those, we don't have any
16 other production from you. We just
17 went through our e-mails while
18 we're talking to you. It doesn't
19 sound like you have an e-mail
20 either.
21 So I'm happy to look at it, but
22 more importantly, before we go
23 deeper down a rabbit hole here,
24 okay, I would like to -- I'd like
25 to be sure that there are no other
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1 SCHWARTZ
2 documents that you think you've
3 delivered to us since the
4 depositions other than Exhibit BF
5 and the documents you attached, two
6 affidavits , as part of your motion
7 which were more printouts from his
8 software.
9 Anything other than printouts
10 from his software have not been
11 produced to us . If you did produce
12 other things, let's get them and
13 reschedule this next week when we
14 can review them.
15 MR. LUZ: I think I did produce
16 them. I'll have to look, but
17 they --
18 MR. SCHWARTZ: I'm happy -- I'm
19 happy for you to look and
20 double-check, but I don't have it.
21 And if it's a one -- if it's
22 one thing and it's a two-page
23 letter, I don't need to adjourn
24 anything. If you're going to start
25 telling me you're giving me reams
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1 SCHWARTZ
2 and reams of paper, okay .
3 MR . LUZ: No. I -- it's just
4 whatwerespondedtoin response to
5 that letter and response to the
6 motions.
7 MR. SCHWARTZ: So the letter
8 only contains Exhibit BF. The
9 motions only contained more
10 printouts from his software.
11 I'm printing what you just sent
12 me, Tom.
13 MR. LUZ: Okay.
14 MR. SCHWARTZ: Tom, before I go
15 any further, are there any other
16 documents other than BF and the
17 documents that you attached to your
18 motion responses that you believe
19 you provided to us?
20 MR. LUZ : Not to my knowledge
21 but, you know, each -- each
22 document production in response to
23 the motions was, you know, 150, 160
24 pages. I mean --
25 MR. SCHWARTZ: I understand.
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2 There's a record of what those are.
3 They're e-filed . We know what they
4 are. There's no questions. And I
5 can assure you there are
Preview
FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 EXHIBIT C FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 155 1 2 .8UPRE ME COURT OF THE STATE OF NEW YORK COUN T Y OF KINGS 3 -----------------------------------------X E ENJAMIN GOLDSTEIN suing individually and 4 derivatively on behalf of 189 20TH STRE ET F'EALTY LLC, 5 PLAINTIFF, 6 -against- Index No. : 7 503863/2014 8 ._OUIS SCHWARTZ A/K/A ARI SCHWARTZ , 189 F ROPERTY LLC , CAPITAL ONE, NATIONAL 9 ASSOCIATION; AND 189 20TH STREET REALTY LLC as Nominal Defendant, 10 DEFENDANTS. 11 · ----------------------------------------X (~DDITIONAL CAPTIONS ON FOLLOWING PAGE) 12 13 DATE: November 21 , 2023 14 TIME: 10:44 a.m. 15 16 CONTINUED VIDEOCONFERENC E EXAMINATION 17 B E FORE TRIAL of the Defendant, LOUIS 18 SCHWARTZ, taken by the Plaintiff, pursuant 19 ~o a Court Order, held remotely via Zoom, 20 before Phyllis F. Russek, a Shorthand 21 Reporter and Notary Public of the State of 22 New York . 23 24 RAPID REPORTING LLC (718) 30-0704 25 FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 156 1 2 ;uPREME COURT OF THE STATE OF NEW YORK C OUNTY OF KINGS 3 -----------------------------------------X E ENJAMIN GOLDSTEIN suing individually and 4 derivatively on behalf of 816 BELMONT FEALTY, 5 PLAINTIFF, 6 -against- Index No.: 7 503864/2014 8 OUIS SCHWARTZ A/K/A ARI SCHWARTZ, 816 E ELMONT REAL TY LLC as nominal defendant, 9 ~nd JP MORGAN CHASE, NA; 10 DEFENDANTS. - ----------------------------------------X 11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 12 ~-----------------------------------------X E ENJAMIN GOLDSTEIN suing individually and 13 k:lerivatively on behalf of 10 W182ND STREET FEALTY, 14 PLAINTIFF, 15 -against- Index No.: 16 50386/52014 17 LOUIS SCHWARTZ A/K/A ARI SCHWARTZ; JP ~ 1ORGAN CHASE, NA, and 10 W182ND STREET 18 REAL TY LLC, as nominal defendant, 19 DEFENDANTS. - ----------------------------------------X 20 21 22 23 24 25 FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 157 1 2 A P P E A RA N C E S: 3 STEIN FARKAS & SCHWARTZ, LLP Attorneys for the Plaintiff 4 49 West 37th Street New York, New York 10018 5 BY: JEFFREY SCHWARTZ , ESQ. 6 KLG LUZ & GREENBERG Attorneys for the Defendant 7 Louis Schwartz 211 East 43rd Street 8 New York, New York 10017 BY: THOMAS LUZ, ESQ. 9 ALSO PRESENT: GABRIEL ROSENBERG, ESQ . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 158 1 2 REMOTE STIPULATIONS 3 IT IS HEREBY STIPULATED AND AGREED by 4 ,and between counsel for all parties present 5 hat pursuant to CPLR 3113(d) this 6 deposition is to be conducted by 7 •videoconference, that the court reporter, 8 ,all counsel, and the witness are all in 9 1>eparate remote locations and participating 10 ~ia videoconference (Webex/Zoom/LegalView) 11 meeting under the control of Rapid 12 Reporting LLP, that the officer 13 administering the oath to the witness need 14 not be in the place of the deposition and 15 ~he witness shall be sworn in remotely by 16 he court reporter after confirming the 17 witness's identity, that this 18 videoconference will not be recorded in any 19 manner and that any recording without the 20 express written consent of all parties 21 shall be considered unauthorized, in 22 violation of law, and shall not be used for 23 any purpose in this litigation or 24 otherwise. 25 IT IS FURTHER STIPULATED that FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 159 1 2 ;Xhibits may be marked by the attorney 3 )resenting the exhibit to the witness, and 4 hat a copy of any exhibit presented to a 5 'Nitness shall be Emailed to or otherwise in 6 )Ossession of all counsel prior to any 7 ,;iuestioning of a witness regarding the 8 exhibit in question. All parties shall 9 Dear their own costs in the conduct of this 10 ki eposition by videoconference , 11 notwithstanding the obligation by CPLR to 12 supply a copy of the transcript to the 13 kieposed party by the taking party in civil 14 litigation matters . 15 16 17 18 19 20 21 22 23 24 25 FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 160 1 SCHWARTZ 2 (Plaintiff's Exhibits BC-BP 3 were premarked for identification .) 4 ... 0 U I S S C H W A R T Z, called as a 5 •Witness, having been first duly affirmed 6 'Sworn by a Notary Public of the State of 7 New York, was examined and testified as 8 allows: 9 t: XAMINATION BY 10 MR. SCHWARTZ: 11 Q Please state your name for the 12 record. 13 A Louis Schwartz. 14 Q What is your current address? 15 A 5961 Southwest 37th Avenue, 16 Fort Lauderdale, Florida 33312 . 17 Q Good morning, Mr. Schwartz. My 18 name is Jeffrey Schwartz. I am an attorney 19 representing the plaintiff in the series of 20 actions, representing Benjamin Goldstein 21 and others. Are you familiar with the 22 lawsuits I'm asking you about? 23 A Yes. 24 Q This is a continued deposition 25 of you in connection with documents that FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 161 1 SCHWARTZ 2 ''' OU were requested to and/or provided to us 3 •;ubsequent to your last deposition. Okay? 4 A Okay. 5 Q Do you understand that? 6 A Yes. 7 Q And prior to your last 8 deposition , I gave you a series of 9 instructions regarding a deposition. I'm 10 going to try to repeat them quickly. 11 If at any time a question asked 12 is unclear to you, please let me know, and 13 I will try to rephrase it. Is that okay? 14 A Yes. 15 Q And if at any time I ask you a 16 r::1uestion that requires a yes or no answer, 17 please verbally state the answers yes or no 18 ~s opposed to shaking your head . Do you 19 understand that? 20 A Yes . 21 Q And if at any time you want to 22 ~sk your attorney a question or take a 23 break for any other reason , please let me 24 know, but I request that you not do so 25 while there is an open question pending. FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 162 1 SCHWARTZ 2 )o you understand that? 3 A Yes. 4 Q Prior -- since your last 5 deposition, have you reviewed documents in 6 ii-onnection with these lawsuits? 7 A Yes. 8 Q What documents have you 9 1 eviewed since your last deposition in 10 !Connection with these lawsuits? 11 A Documents that I gave you from 12 my computer system . 13 Q So you provided us with a 14 !Series of documents , which we'll get to a 15 little bit later, that were generated by 16 your management software, correct? 17 A Yes . 18 Q Other than those documents, 19 what other documents have you reviewed 20 !Since your last deposition? 21 A Nothing . 22 Q Did you read your deposition 23 ~estimony? 24 A Yes. 25 Q Okay, so just, I mean I'm FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 163 1 SCHWARTZ 2 ,asking this, so I would consider that a 3 document, okay? You reviewed a document -- 4 MR. LUZ: I guess you better 5 define what you mean by a document. 6 MR. SCHWARTZ: That's why I'm 7 trying -- I'm trying -- I'm trying 8 to get to that. 9 Q I'm not trying to trap you. 10 I'm trying to explain what I'm asking. You 11 had an opportunity to review the -- the 12 k:leposition testimony? 13 A Yes . Not in depth. I reviewed 14 it. 15 Q Okay . And did you review any 16 tif the letters that I sent to your attorney 17 or that your attorney sent back to me? 18 A Not specifically. 19 Q Do you recall reading and 20 $igning affidavits? 21 A Like what do you mean? 22 Q Did you review and sign any 23 affidavits in connection with the lawsuits? 24 MR. LUZ: Do you mean the 25 affidavits in connection with the FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 164 1 SCHWARTZ 2 motion to compel that you all 3 filed? Is that what you're asking 4 about? 5 MR. SCHWARTZ: I mean any -- I 6 mean that and any other affidavits 7 he may have signed. 8 MR. LUZ: Well -- 9 MR. SCHWARTZ: If he doesn't 10 remember, I'll show it to him. 11 Q I'm just asking if you recall. 12 MR. LUZ: Yeah, please show it 13 to him . 14 Q Do you -- do you have any 15 specific recollection of signing any 16 affidavits? 17 A I might have signed something . 18 I'm not sure what you're referring to, but. 19 Q Okay. Mr. Schwartz, nothing 20 here is a trap, okay, just what you 21 remember. If you don't remember, you don't 22 remember. It's okay. That's also an 23 answer. I'm just trying to get what you do 24 and don't know. 25 A Okay. FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 165 1 SCHWARTZ 2 Q The background questions now 3 .~re to understand how to ask my questions, 4 ibkay? 5 A Okay. 6 Q Other than the documents that 7 •1tou produced to us and other than the 8 deposition testimony that you skimmed or 9 1 eviewed in some capacity, are there any 10 bther documents that you specifically 11 review -- recall reviewing since your last 12 kieposition until today? 13 A I don't know what you're 14 referring to . If there is something 15 !Specific that you are asking me as to what 16 I reviewed, I'll tell you whether I 17 reviewed it. 18 Q It's my job to ask the 19 questions. It's your job to answer them . 20 I'm asking you generally. I'm asking you 21 ;Jenerally and I'm asking you based on your 22 recollection, do you recall reviewing any 23 bther documents in connection with these 24 lawsuits other than the documents you 25 produced and the deposition transcript? FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 166 1 SCHWARTZ 2 A No. 3 Q I'm going to show you a 4 document marked Exhibit BO. 5 MR. SCHWARTZ: Let me know when 6 you have it up , Tom. 7 MR. LUZ: It's open. 8 MR. SCHWARTZ: Okay. 9 MR. LUZ: Just for the record 10 it looks to be a letter dated 11 December 21st, 2022, from Stein 12 Farkas and Schwartz to me. 13 MR. SCHWARTZ : Yeah. I'll 14 identify these documents as we get 15 to them. I just wanted to make 16 sure you had them on the screen. 17 Q So , Mr. Schwartz , I'm showing 18 you a document marked Exhibit BO. It's a 19 letter, it's December 1, 2022, that was 20 lsent via e-mail to Thomas Luz, Esquire. Do 21 you see the letter? 22 A Yes, I have seen the letter. 23 Q Have you seen this letter 24 before? 25 A Yes . FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 167 1 SCHWARTZ 2 Q Okay. And when you saw the 3 letter, did you review the documents that 4 •fvere requested? 5 A Yes . 6 Q And did you assist your 7 ,attorney in preparing a response to those 8 document requests? 9 MR. LUZ: So he asked you did 10 you assist me in preparing the 11 response. 12 A Yes. 13 Q Did you go through each request 14 land provide your attorney with either 15 kiocuments that were responsive or a 16 K:iifferent response that you were aware of? 17 MR. LUZ: One moment, please . 18 Q There is an open question so I 19 would ask you to answer it. 20 A I -- yes. 21 Q Now, I'm going to show you a 22 kiocument that's been marked for 23 identification as Exhibit BE . Okay. This 24 is a -- 25 MR. SCHWARTZ: Let me know when FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 168 1 SCHWARTZ 2 you have it on your screen, Thomas, 3 and then I'll -- 4 MR. LUZ: It's up and ready. 5 Q I'm showing you a document 6 1hlarked as Exhibit BE which is a letter from 7 •I/our attorney to my office dated 8 December 13th, 2022. Have you seen this 9 letter before? 10 A Yes. 11 Q And does this letter -- is 12 lthis -- did you -- what do you understand 13 lthis letter to be? 14 A That's a response to your 15 request. 16 Q And did you assist your 17 ~ttorney in preparing this response? 18 A Yes. Yes. Now I understand . 19 ries. 20 Q Okay. 21 MR. SCHWARTZ: I don't know 22 if -- Tom, these aren't that long, 23 · if you jump back and forth on your 24 screen or if you want to print them 25 but I'm going to try to go back and FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 169 1 SCHWARTZ 2 forth with him on the requ est and 3 the response. So if it gets 4 complicated , maybe we'll -- you 5 know, you could print it, but, I'll 6 try to do that. 7 MR. LU Z : I'm in a conference 8 room that doesn't have a printer so 9 we're going to have to -- 10 MR. SCHWARTZ : All right. 11 We'll jump back and forth. 12 Q Okay. So take a look at 13 Exhibit BO. 14 MR. LUZ: I have to reopen. 15 It's open. 16 Q Okay. And do you see this is a 17 request for a copy of a cancellation of a 18 ~ontract? 19 A Yes. 20 Q Do you know what document that 21 was referring to? 22 A Yes. 23 Q Am I correct that that was -- 24 hat you previously had a contract that was 25 cancelled between you and the ultimate FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 170 1 SCHWARTZ 2 )uyer of the property located at 189 20th 3 :t,treet? 4 A Yes . 5 Q Did you look in your personal 6 ecords if you had a copy of this -- of 7 his cancellation? 8 A Yes. 9 Q And were you able to locate 10 bne? 11 A No. 12 Q Now, you indicate in your 13 response that your attorney may have that 14 k:Jocu ment? 15 MR. LUZ: Let me see. One 16 second . 17 We're trying to do a split 18 screen . Oh , here we are . This -- 19 yeah, here we go. I can move it. 20 MR. SCHWARTZ: If you want to 21 take two minutes and print them, 22 Tom , it might be quicker. I should 23 have told you to do that 24 beforehand. 25 MR. LU Z : We're just going to FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 171 1 SCHWARTZ 2 have to bounce back and forth. 3 MR. SCHWARTZ: Okay. 4 MR. LUZ: Which one do you want 5 to look at, B or -- D or E? 6 MR. SCHWARTZ: Well, I asked 7 him a question, and I think -- I 8 asked if he indicated that his 9 attorney might have it and he 10 wanted to look at E. 11 A Right, okay, so request 12 number 1, is that what you're referring to? 13 Q Yes. 14 A Right. Correct. That is 15 !accurate. 16 Q You indicated that your 17 attorney might have it, correct? 18 A Correct. 19 Q Did you ask your attorney if he 20 had it? 21 A I asked -- we gave you a 22 release. 23 MR. SCHWARTZ: I move to strike 24 as not responsive. 25 Q I'm asking you a question. Did FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 172 1 SCHWARTZ 2 'OU ask Mr. Scher for a copy of it? 3 A I don't recall. 4 Q Turning to request number 2. 5 Copy of documents demonstrating that Louis 6 Schwartz advanced 300- to 400,000 to 7 89 20th Street Realty. Do you see that? 8 A Yes. 9 Q Now, if you look at BE -- 10 A I am. 11 Q Okay. So you indicate that you 12 ere providing those documents together with 13 ~he letter, correct? 14 A Yeah. Well, we produced it to 15 you. 16 Q I'm asking you in BE if you're 17 indicating to me that you are producing a 18 response to that request which -- 19 MR. LUZ: I wrote the letter. 20 He didn't. 21 MR. SCHWARTZ: He can tell me 22 what his understanding is. 23 MR. LUZ: Well, no, no. You 24 didn't ask him what his 25 understanding was. You asked him FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 173 1 SCHWARTZ 2 if that's what he's indicating. 3 And he's not indicating anything in 4 this letter. I wrote the letter. 5 Q What do you understand your 6 esponse to question number two to be in 7 =xhibit BE? 8 A You requested documentation on 9 3 loan I took out for the building that I 10 put into the property and that you needed 11 proof. So you have it. 12 Q I'm sorry . What do you 13 understand my request in demand number two 14 o be asking you for? 15 A You wanted -- well , that's very 16 clear. You want copies of documents 17 demonstrating that I advanced 300- to 18 400 ,000 in 189 20th Street. 19 Q Okay. But it's not -- it's not 20 a loan that you took out, right? I'm 21 asking you for -- you understand I'm asking 22 you for proof of money that you say you 23 gave to the company . 24 A Right. 25 Q Right. And what did you FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 174 1 SCHWARTZ 2 ,espond? 3 A I showed you the documents of 4 Nhat was -- was -- was -- what I had to -- 5 Nhat I had to do to get the money into the 6 Duilding. 7 Q Okay. So can we please -- can 8 1,ou please take a look at Exhibit BF? 9 A Sure. Okay. 10 Q Showing you Exhibit BF. 11 A Okay. 12 Q What do you understand this -- 13 end Exhibit BF is a document that's a 14 !Series of pages on a generated report that 15 lsays Regency Management Corp. on top. 16 There is a time stamp of 12:14:22. What do 17 you -- so do you -- do you see the document 18 I'm showing you now? 19 A Yes. 20 Q Now, is this one document or is 21 his a series of printout? 22 A It reflects a check that I gave 23 or $18,000 to a vendor, 10 West 182nd 24 Street Realty, received a check from me, 25 theck number 2546. The date is FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 175 1 SCHWARTZ 2 September 15th of '06 for $18,000 to cover 3 he account. And that came out of one of 4 Irny accounts, which is , the code for that 5 .~ccount is LOUIS. 6 MR. LU Z : Just for the record 7 he's looking at page 1 of this 8 document. 9 MR. SCHWARTZ: I understood. 10 Q You just described page 1. I'm 11 ~sking you about this entire series of 12 kJocuments, of pages that are Exhibit BF, 13 which is the entirety of your response to 14 kjemand number two. Do you see all the 15 pages? 16 A I'm -- I'm scrolling down. 17 MR. LU Z : Yeah, I mean, he's 18 scrolling through -- 19 MR. SCHWARTZ: Tom, Tom , if I 20 want to depose you, I will. You've 21 basically interrupted every single 22 question . I'm going to ask you to 23 please stop. I'm sure this is not 24 your first rodeo , so, please . 25 A Okay, so what's your question FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 176 1 SCHWARTZ 2 specifically? I -- I understand what -- 3 now the document works. 4 Q Okay. So this is -- Exhibit BF 5 'vvas documents that you -- your attorney 6 brovided as a response to question 7 1humber -- 8 A Yes -- 9 THE REPORTER : You're going to 10 need to please wait until he 11 finishes his whole question. Thank 12 you. 13 Q Exhibit BF is a series of -- 14 !are the documents that your attorney 15 provided us in response to Exhibit 2, okay? 16 A Let me just go back so see what 17 Exhibit 2 was? 18 Q Request number two. Request 19 number two. 20 A I'm just, I just want to see so 21 I can connect the two. 22 Right. So that's not in 23 connection with Exhibit 2. 24 Q Exhibit BF is not a response to 25 request number 2? FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 177 1 SCHWARTZ 2 A Correct. 3 Q So request number 2 asked for 4 documents demonstrating that you advanced 5 3- to $400,000. 6 A Right. 7 Q And your attorney wrote back in 8 his letter that it's attached, that it's 9 broduced with th e letter. Do you see that? 10 A Okay. 11 Q Were there any other documents 12 bther than Exhibit BF that your attorney 13 provided with the letter? 14 A I have no idea. 15 Q Exhibit BF does not demonstrate 16 how you advanced 3- to $400,000 to 189 20 17 Realty? 18 A That is correct. 19 Q What does Exhibit BF show? 20 A It shows that -- checks that I 21 had to write out because the accounts 22 needed to be covered. And I took it out 23 rom either personal funds or other 24 properties that I own . Unrelated to the 25 300,000. FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 178 1 SCHWARTZ 2 Q What's the 300,000 that you 3 understand I'm asking you about? 4 A I -- there was a point in time 5 where I needed funding to, either it was 6 or another building that Goldstein had 7 -with me. It wasn't 189 20th Street. 8 Q Let's take a step back. 9 hink you're -- I think you're 10 misunderstanding what we're talking about. 11 A Okay. 12 Q So I'm going to try to explain 13 it, and then you'll tell me if I'm 14 refreshing your recollection, okay? In 15 vour prior -- in your prior deposition, we 16 discussed that you sold a property and 17 didn't tell Mr. Goldstein about it. Do you 18 recall that? 19 A Yes . 20 Q And your testimony was that you 21 were owed approximately 3- to $400,000 that 22 you had advanced out of your own money on 23 behalf of 189 20th Street. 24 A That -- that has nothing to do 25 with item 2, in my mind. FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 179 1 SCHWARTZ 2 Q Okay. Well, I wi ll assure you 3 hat item 2 is asking for proof of that 3- 4 o $400,000. Copies of documents 5 lemonstrating that you advanced 3- to 6 00 ,000 for the 189 20th Street building. 7 I hat you gave it to them . 8 A Okay. Can I talk or -- 9 Q Sure . 10 A Okay. Thank you . 11 This -- these documents in BF 12 is 51 pages, or whatever the total is -- I 13 don't remember exactly what the total is -- 14 but -- but these are checks of mine that I 15 covered the account. The 300,000 , number 16 300,000, that's in my head is a fixed 17 amount. It's not 3- to 400 or whatever. 18 It's -- it's an exact number of 300 ,000. 19 And I know we gave you documentation that I 2::l had to borrow that amount in order to cover 21 $hortfalls. 22 Q Do you recall -- are you 23 alking about money that you borrowed or 24 money that you advanced to the LLC? 25 A I -- I forwarded to you FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 180 1 SCHWARTZ 2 documents of money that I borrowed to cover 3 he LLC . 4 Q What documents did you forward 5 o me to show that you borrowed money? 6 MR. LUZ: Go ahead and describe 7 it. Just tell us about it. 8 Describe it. 9 A I think it was two pages. It 10 was two pages stapled together, stapled by 11 us, but, with some Hebrew writing on it. 12 Q When did you provide that 13 document? 14 MR. LUZ : Tell him to the 15 extent you know. 16 A It was on your -- on your 17 original request we sent it. 18 Q So that -- that -- you're 19 alking about something you sent in your 20 original request , not as a request -- a 21 response to this letter, right? 22 A In response to this letter, I 23 did two things. I don't know where in your 24 letter by heart you're referring to these 25 particular checks, but whether it's item 2 FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 181 1 SCHWARTZ 2 ipr not item 2, I know you have from me this 3 .~dditional information of monies that I 4 laid out, and you also have that. So 5 nowever you -- however you wrote the 6 letter, this was my understanding that you 7 nave both. 8 Q Let's start like this. 9 Exhibit B -- Exhibit BO, which was the 10 letter we sent you, right? You see that, 11 right? 12 A Yes. 13 Q And you responded with your -- 14 by your attorney with Exhibit BE, correct? 15 A BE. Oh, yes. Yes. 16 Q And in addition to Exhibit BE, 17 you attached the documents that are marked 18 BF? 19 A Among others. 20 Q Among others? Well, that's my 21 ~uestion to you . You attached BF, right? 22 A Okay. 23 Q Other than Exhibit BF , did your 24 attorney attach any other documents 25 ogether with Exhibit BE? FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 182 1 SCHWARTZ 2 A You're breaking up. 3 Q I'm sorry. 4 A You were breaking up. I didn't 5 1ear the question. 6 Q Other than Exhibit BF, did your 7 ~ttorney send any other documents along 8 rvith Exhibit BE? 9 A I have no idea. 10 Q Are you aware of any other 11 ~ocuments sent along with BE other than 12 Exhibit BF? 13 A I'm not aware. I don't know. 14 Q I will represent to you that I 15 klon't have any other documents 16 responsive -- that were sent together with 17 Exhibit BE other than Exhibit BF. 18 MR. SCHWARTZ: Tom , if I am 19 incorrect, let's not go down a path 20 that makes no sense . But together 21 with Exhibit BE you sent 22 Exhibit BF . That's all we have. 23 MR. LUZ: And then I think I -- 24 I don't remember specifically. You 25 can depose me ; I don't care, but FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 183 1 SCHWARTZ 2 I -- I sent along documents, a set 3 of -- a couple of sets of 4 documents, and they may not have 5 been all together. But the 6 document he is describing is a 7 two-page document written in 8 Hebrew. It's a loan document where 9 he -- in which he borrowed 10 $300 ,000. Positive I produced it. 11 If you give me a second, I'll find 12 out when. 13 MR. SCHWARTZ: Sure . Take a 14 second. 15 MR. LUZ: All right. Let me 16 see what the date on my response 17 is . 18 So I actually sent that letter 19 in January. So let me follow up 20 and see when I sent it. 21 Okay . I have the document up. 22 I don't -- I -- I think it might 23 have been sent -- well , I don't 24 know when it was sent, but I'm 25 pretty sure it was sent. If you -- FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 184 1 SCHWARTZ 2 I can either e-mail it to you right 3 now or I can share a screen and 4 take a look at it, but I have it 5 up. 6 MR. SCHWARTZ : Well, Tom , why 7 don't you e-mail it, but I will 8 tell you the following before you 9 send the e-mail. So if you want to 10 take five. 11 We have, since the deposition, 12 your response to this letter, which 13 only had BF. You attached 14 documents as part of our motions. 15 Other than those, we don't have any 16 other production from you. We just 17 went through our e-mails while 18 we're talking to you. It doesn't 19 sound like you have an e-mail 20 either. 21 So I'm happy to look at it, but 22 more importantly, before we go 23 deeper down a rabbit hole here, 24 okay, I would like to -- I'd like 25 to be sure that there are no other FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 185 1 SCHWARTZ 2 documents that you think you've 3 delivered to us since the 4 depositions other than Exhibit BF 5 and the documents you attached, two 6 affidavits , as part of your motion 7 which were more printouts from his 8 software. 9 Anything other than printouts 10 from his software have not been 11 produced to us . If you did produce 12 other things, let's get them and 13 reschedule this next week when we 14 can review them. 15 MR. LUZ: I think I did produce 16 them. I'll have to look, but 17 they -- 18 MR. SCHWARTZ: I'm happy -- I'm 19 happy for you to look and 20 double-check, but I don't have it. 21 And if it's a one -- if it's 22 one thing and it's a two-page 23 letter, I don't need to adjourn 24 anything. If you're going to start 25 telling me you're giving me reams FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 186 1 SCHWARTZ 2 and reams of paper, okay . 3 MR . LUZ: No. I -- it's just 4 whatwerespondedtoin response to 5 that letter and response to the 6 motions. 7 MR. SCHWARTZ: So the letter 8 only contains Exhibit BF. The 9 motions only contained more 10 printouts from his software. 11 I'm printing what you just sent 12 me, Tom. 13 MR. LUZ: Okay. 14 MR. SCHWARTZ: Tom, before I go 15 any further, are there any other 16 documents other than BF and the 17 documents that you attached to your 18 motion responses that you believe 19 you provided to us? 20 MR. LUZ : Not to my knowledge 21 but, you know, each -- each 22 document production in response to 23 the motions was, you know, 150, 160 24 pages. I mean -- 25 MR. SCHWARTZ: I understand. FILED: KINGS COUNTY CLERK 05/06/2024 03:56 PM INDEX NO. 503863/2014 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 05/06/2024 187 1 SCHWARTZ 2 There's a record of what those are. 3 They're e-filed . We know what they 4 are. There's no questions. And I 5 can assure you there are