1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK - CIVIL TERM - PART 27M 4 -x 5 R. ANTHONY BUILDER, individually and as the Trustee for the R. ANTHONY BUILDER REVOCABLE 6 TRUST, Plaintiff, 7 Index No. -against- 154078/2015 8 DALE FREEDMAN, 211 EAST 18th STREET OWNERS, 9 INC. And BLUE WOODS MANAGEMENT GROUP, INC., 10 x Defendants. 60 Centre Street 11 New York, New York 12 Inquest December 12, 2017 13 B E F 0 R E: IRA GAMMAN, Judicial Hearing Officer 14 A P P E A R A N C E S: 15 LAWRENCE B. GOLDBERG, P.C. 16 Attorneys For the Plaintiff 215 Thompson Street, Unit 333 17 New York, New York 10012 BY: LAWRENCE B. GOLDBERG, ESQ. 18 19 ALSO PRESENT: 20 R. ANTHONY BUILDER, Plaintiff 21 211 East 18th Street, Apartment 1-B New York, New York 10003 22 23 JOE SAGE, Architect 122 Holcomb Avenue 24 Staten Island, New York 10312 25 Maria E. Rivera 26 Senior Court Reporter 1 of 12
2 2 THE COURT: This case is 1719. That's the number 3 in my computer. 4 Are you Mr. Lawrence Goldberg? 11:58:48 5 MR. GOLDBERG: That's me, Your Honor. How are you? 6 THE COURT: Okay. All right. Now, is there 7 somebody representing here the defendant? 8 MR. GOLDBERG: No, there is not. 9 THE COURT: Okay. Do you have a copy of the 11:58:58 10 complaint? 11 MR. GOLDBERG: I do, Your Honor. 12 THE COURT: Let me see it, please. 13 MR. GOLDBERG: I have it. 14 THE COURT: Give it to the clerk. 11:59:11 15 MR. GOLDBERG: (Handing.) 16 THE COURT: What happened to the claim against the 17 other defendants? 18 MR. GOLDBERG: It was settled, Your Honor. 19 THE COURT: All right. You are Mr. Builder? 12:02:02 20 MR. BUILDER: Yes, Your Honor. 21 THE COURT: Raise your right hand. Do you solemnly 22 swear the testimony you are about to give will be the truth, 23 the whole truth, and nothing but the truth? 24 MR. BUILDER: Yes, Your Honor. 12:02:10 25 THE COURT: Okay. Give your name and address to 26 the court reporter. 2 of 12
3 2 MR. BUILDER: R. Anthony Builder, 211 East 18th 3 Street, New York, New York 10003. 4 THE COURT: What apartment in that building do you 12:02:25 5 occupy? 6 MR. BUILDER: 1-B, sir. 7 THE COURT: And the defendant Dale Freedman 8 occupies what apartment? 9 MR. BUILDER: 2-B, right above me. 12:02:34 10 THE COURT: All right. And apparently water leaks 11 from her apartment caused damage to your apartment, right? 12 MR. BUILDER: Yes, Your Honor. 13 THE COURT: On what days? 14 MR. BUILDER: What days? 12:02:45 15 THE COURT: You can show him whatever he needs to 16 refresh his recollection. 17 MR. GOLDBERG: Thank you. 18 MR. BUILDER: It's been four years, I think. 19 MR. GOLDBERG: All right. Your Honor, I have a set 12:02:58 20 of papers for the Court. 21 THE COURT: I don't need a set of papers. Just 22 give it to your client so he's in the position to answer my 23 questions. 24 MR. GOLDBERG: Okay (handing). ~ 12:03:19 25 THE COURT: How many days did water leak from the 26 defendant's apartment into your apartment? Mr. Builder. 3 of 12
4 2 MR. BUILDER: Yes. 3 THE COURT: On how many occasions did water leak 4 from the defendant's apartment to your apartment? 12:03:35 5 MR. BUILDER: I believe two, Your Honor. 6 THE COURT: Okay. And that is according to the 7 complaint was the result of a defective water filter in her 8 apartment? 9 MR. BUILDER: Yes. 12:03:45 10 THE COURT: Okay. When was the first leakage? 11 MR. BUILDER: The first was August 8, 2013. 12 THE COURT: And when was the second leakage? 13 MR. BUILDER: December 4, 2014. 14 THE COURT: Okay. Now, with respect to the first 12:04:01 15 leakage, what damage was caused? 16 MR. BUILDER: First? 17 THE COURT: To what parts of your apartment? 18 MR. BUILDER: Oh, the bathroom. 19 THE COURT: What? Tell me what was the water 12:04:18 20 came into the bathroom? 21 MR. BUILDER: Yeah. 22 THE COURT: What else? 23 MR. BUILDER: The first one? ~ 24 THE COURT: Yes, the one in 2013. 12:04:37 25 MR. BUILDER: Yeah, I believe the ceiling had came 26 down, and we had to do the whole ceiling in the bathroom. 4 of 12
5 2 THE COURT: The bathroom ceiling? 3 MR. BUILDER: Yeah. 4 THE COURT: Anything else? 12:04:48 5 MR. BUILDER: Not that I remember, Your Honor. 6 THE COURT: Okay. Was any furniture or any 7 equipment in the apartment, in your apartment damaged as a 8 result of that ceiling coming down? 9 MR. BUILDER: Not the first one, no. 12:04:58 10 THE COURT: Okay. Now, what happened where was 11 the leak on the second occasion? 12 MR. BUILDER: The second occasion was in my kitchen 13 and the dining room. 14 THE COURT: Okay. And what damage was caused by 12:05:12 15 that leak? 16 MR. BUILDER: A lot of damage. The water was 17 coming out of the light fixtures, the vents, the exhaust 18 vents. It was flooded. It was flooding my kitchen 19 cabinets, the flooring, my lights. My memory is not so 12:05:38 20 good. I had a problem, so bear with me. 21 THE COURT: All right. 22 MR. BUILDER: What else? Oh, in my one of my 23 closets, the water was coming down. I had a lot of suits 24 and clothes and bedding that all had to be 12:05:57 25 THE COURT: Replaced, I take it. 26 MR. BUILDER: Sorry? 5 of 12
6 2 THE COURT: Had to be replaced? 3 MR. BUILDER: The closet had to be redone. The 4 clothes I was able to clean. 12:06:cn 5 THE COURT: Right. Any furniture damaged in the 6 dining room? 7 MR. BUILDER: I don't remember, Your Honor. 8 THE COURT: Okay. Well, what expenses did you 9 incur as a result of the 2013 leakage? 12:06:31 10 MR. GOLDBERG: Your Honor, could I go through the 11 expenses with him? 12 THE COURT: No, no. You're a lawyer. He's the 13 witness. 14 MR. GOLDBERG: Okay. 12:06:39 15 THE COURT: So let him do it. 16 MR. BUILDER: Well, the bathroom had to be 17 THE COURT: You can give him whatever he needs to 18 refresh his recollection, Counselor. 19 MR. GOLDBERG: Okay. 12:06:51 20 MR. BUILDER: The bathroom 21 THE COURT: Just a moment. Your lawyer is going to 22 give you some documents. 23 MR. GOLDBERG: (Handing.) 24 THE COURT: Using those documents to refresh his 12:07:07 25 recollection. 26 What I want you to do is tell me what damages were 6 of 12
7 2 caused and what had to be done to repair those damages. 3 MR. BUILDER: It was $1,475, Your Honor. 4 THE COURT: What was that for? 12:08:26 5 MR. BUILDER: For the ceiling and painting. I'm 6 sorry. The mold report. 7 THE COURT: And that was the only damage on that 8 first occasion; is that right? 9 MR. BUILDER: No. I had to pay $1,050. 12:08:48 10 THE COURT: For what? 11 MR. BUILDER: For the architect, Mr. Sage. 12 THE COURT: Right. 13 MR. BUILDER: Larry. My kitchen cabinets, as I 14 said. 12:09:30 15 THE COURT: This is in 2013? 16 MR. BUILDER: 2013, yes, sir. 17 THE COURT: Go ahead. What? 18 MR. BUILDER: It was $2,990. 19 THE COURT: That's for the kitchen cabinets? 12:09:39 20 MR. BUILDER: Yes. 21 THE COURT: Okay. 22 MR. BUILDER: SERVPRO. 23 THE COURT: What's that? 24 MR. BUILDER: SERVPRO. ~ 12:10:44 25 THE COURT: What's that? What kind of company is 26 that? 7 of 12
8 2 MR. BUILDER: SERVPRO is the company that cleans up 3 after there's 4 THE COURT: And how much was that? 12:10:54 5 MR. BUILDER: $1,807.20. Oh, I'm sorry. With the 6 tax it was $1,989.90. 7 THE COURT: Okay. 8 MR. BUILDER: And then the rug, an antique rug. 9 THE COURT: This was all from 2013 now. 12:11:26 10 MR. BUILDER: Yes, Your Honor. 11 THE COURT: Go ahead. 12 MR. BUILDER: It was $232. And the trucking 13 charges 14 THE COURT: I'm sorry? I can't hear you. Two 12:11:50 15 hundred and what? 16 MR. BUILDER: $232. And the trucking was $150. 17 THE COURT: Okay. Anything else? 18 MR. BUILDER: Yes, sir. The closest repairs, they 19 needed a new sheet rock ceiling, plaster walls, the base 12:12:o7 20 molding, the floor rug. 21 THE COURT: How much was that? 22 MR. BUILDER: That was $2,762.25. 23 THE COURT: All right. Does that take care of ~ 24 2013? 12:12:3il 25 MR. BUILDER: No, sir. $26,300. 26 THE COURT: What's that? 8 of 12
9 2 MR. BUILDER: That is to protect of existing 3 mirrored walls. 4 THE COURT: I'm sorry? 12:13:03 5 MR. BUILDER: Protection of existing mirrored 6 walls, remove marbleized baseboard of fabricate 7 THE COURT: This is all from 8 MR. BUILDER: Yes, yes, sir. 9 THE COURT: $26,000. 12:13:14 10 MR. BUILDER: Total 300. 11 THE COURT: What's that? 12 MR. ~ BUILDER: $26,300. 13 THE COURT: Hold on. 26,000 what? 14 MR. BUILDER: 300, Your Honor. 12:14:20 15 THE COURT: Okay. Okay. 16 MR. BUILDER: $435.50 for a bronze mirror with a 17 triple outlet had to be replaced. $25.31 for a Lutron 18 outlet and wallplate. $81.33 for a 600 watt incandescent 19 dimmer.. 12:15:23 20 THE COURT: Dimmer? 21 MR. BUILDER: Yes. 22 Because of all the machines they had to dry out my 23 apartment, my Con Edison bills went up from about $100 and 24 change to $296.11. 12:15:44 25 THE COURT: For how long? One month? 26 MR. BUILDER: Yes, sir, one month. 9 of 12
10 2 THE COURT: Go ahead. 3 MR. BUILDER: $231.36 from AC Electric for a 4 mechanic for two hours. 12:16:03 5 THE COURT: For what? 6 MR. BUILDER: To remove and install the electric 7 switches and a high hap (phonetic) the water was pouring out 8 of also. 9 THE COURT: How much was that? 12:16:19 10 MR. BUILDER: $231.36. 11 $48.38, it was for a toaster that was in the 12 kitchen. It got flooded. $1,300 and wait a second. To 13 move all the furniture out to redo the floors and store the 14 antiques was $18,500. 12:17:25 15 THE COURT: Have we taken care of the first 16 episode? 17 MR. BUILDER: Not yet. 18 MR. GOLDBERG: Not yet, Your Honor. A couple of 19 more. 12:18:40 20 MR. BUILDER: A total of $1,664.97 for eating meals 21 out for all the time I couldn't use the kitchen. I had to 22 eat out. 23 THE COURT: Go ahead. 24 MR. BUILDER: And then there was dry cleaning of 12:18:57 25 the suits I mentioned, total of $697. 26 THE COURT: All right. Let's go to 2014. 10 of 12
11 2 MR. BUILDER: That was $1,306. 3 THE COURT: What's that? We are now in 2014? 4 MR. BUILDER: Yes. 12:19:45 5 THE COURT: Go ahead. 6 MR. BUILDER: $1,306.50. 7 THE COURT: For what? 8 MR. BUILDER: For repair of the ceilings for the 9 water damage and paint. 12:20:02 10 THE COURT: Go ahead. 11 MR. BUILDER: And also $5,000 to my architect. 12 THE COURT: For what? 13 MR. BUILDER: To 14 MR. GOLDBERG: To appear as a witness, Your Honor. 12:20:17 15 THE COURT: I'm asking the witness, not the lawyer. 16 MR. BUILDER: To appear as a witness here today. 17 THE COURT: I'm not going to that's not 18 forget that. What else? That's not damage. That's an 19 expense. Go ahead. What else? 12:20:34 20 MR. BUILDER: That's all, Your Honor. 21 THE COURT: So that the second one didn't cause 22 much damage at all? 23 MR. BUILDER: No. ~ 24 THE COURT: Okay. All right, so I make it about 12:20:47 25 $60,000. All right. You settle the case for how much? 26 MR. GOLDBERG: $7,500. g 11 of 12
12 2 THE COURT: All right. That's $52,500, that's what 3 I recommend. Okay. 4 MR. GOLDBERG: Thank you, Your Honor. 12:21:05 5 THE COURT: All right. Take care. 6 THE CLERK: Judge, do you want to order the 7 transcript? 8 THE COURT: Yes. Get a copy of the transcript. 9 You take it back to the Judge. Who is the Judge on 12:22:38 10 this? 11 MR. GOLDBERG: David Cohen. 12 THE COURT: Take it back to Judge Cohen. And if he 13 signs this, that's an order to the clerk to enter the 14 judgment. 12:22:47 15 Off the record. 16 * * * * * 17 Certified to be a true and accurate transcript of 18 the stenographic minutes taken within. 19 20 21 Maria E. Rivera 22 Senior Court Reporter 23 24 25 26 12 of 12