{"id":"court_ctb_2292_45","court":"CTB","case_no":"22-50073","doc_number":2292,"sub_number":45,"doc_type":"EXHIBIT","filed_date":"2023-10-26","title":"Exhibit 45 ","summary_zh":null,"summary_en":null,"body_en":"#### **Exhibit 45**\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 2 of 96 MARGARET CONBOY· Confidential KWOK V. GREENWICH LAND ET AL. September 12, 2023 1\n\n\n\n 2 Tuesday, September 12, 2023 3 10:00 a.m. 6 REMOTE Deposition of MARGARET CONBOY, held VIA ZOOM, before LISA M. MURACO, a Notary Public of the State of New York, Florida, and Massachusetts. MARGARET CONBOY· Confidential KWOK V. GREENWICH LAND ET AL. September 12, 2023 800.211.DEPO (3376)\n\nEsquireSolutions.com\n\nSeptember 12, 2023\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 2 A P P E A R A N C E S: 3 (REMOTE) 4 5 PAUL HASTINGS 6 Attorneys for Movant and Cross-Respondent 7 Mr. Luc A. Despins, Chapter 11 Trustee for 8 the Estate of Mr. Ho Wan Kwok 9 200 Park Avenue 10 New York NY 10166 11 BY: NICHOLAS BASSETT, ESQ. 12 Nicholasbassett@paulhastings.com 13 AVRAM LUFT, ESQ. 14 Aviluft@paulhastings.com 15 EZRA SUTTON, ESQ. 16 Ezrasutton@paulhastings.com 17 DOUGLASS BARRON, ESQ. 18 Douglassbarron@paulhastings.com 19 LUYI SONG, ESQ. 20 Luyisong@paulhastings.com 21 22 23 24 25 KWOK V. GREENWICH LAND ET AL. 3\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 5 of 96\n\nSeptember 12, 2023\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 2 A P P E A R A N C E S: 3 (REMOTE) 4 5 MEISTER SEELIG & FEIN 6 Attorneys for Defendants Greenwich LLC and 7 Hing Chi Ngok 8 125 Park Avenue 9 7th Floor 10 New York, NY 10017 11 BY: CHRISTOPHER MAJOR, ESQ. 12 Cjm@msf-law.com 13 AUSTIN KIM, ESQ. 14 Adk@msf-law.com 15 16 17 WHITMAN BREED ABBOTT & MORGAN 18 Attorneys for the Witness 19 500 West Putnam Avenue 20 Greenwich CT 06830 21 BY: MICHAEL THOMASON, ESQ. 22 Mthomason@wbamct.com 23 24 25 KWOK V. GREENWICH LAND ET AL. 4\n\n\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 6 of\n\nSeptember 12, 2023\n\nYVer1f\n\nMARGARET CONBOY· Confidential KWOK V. GREENWICH LAND ET AL.\n\n| 1 | |\n|----|--------------------------------------------|\n| 2 | IT IS HEREBY STIPULATED AND AGREED |\n| 3 | by and between the attorneys for the |\n| 4 | respective parties herein, that filing and |\n| 5 | sealing be and the same are hereby waived. |\n| 6 | IT IS FURTHER STIPULATED AND AGREED |\n| 7 | that all objections, except as to the form |\n| 8 | of the question, shall be reserved to the |\n| 9 | time of the trial. |\n| 10 | IT IS FURTHER STIPULATED AND AGREED |\n| 11 | that the within deposition may be sworn to |\n| 12 | and signed before any officer authorized |\n| 13 | to administer an oath, with the same |\n| 14 | force and effect as if signed and sworn |\n| 15 | to before the Court. |\n| 16 | |\n| 17 | |\n| 18 | |\n| 19 | |\n| 20 | - oOo - |\n| 21 | |\n| 22 | |\n| 23 | |\n| 24 | |\n| 25 | |\n| | |\n| | |\n\nSeptember 12, 2023\n\n10:05\n\n10:05\n\n10:05\n\n10:06\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | M A R G A R E T
C O N B O Y, called as a |\n| 3 | witness, having been duly sworn by a Notary |\n| 4 | Public, was examined and testified as follows: |\n| 5 | EXAMINATION BY |\n| 6 | MR. BASSETT: |\n| 7 | Q.
Thank you very much. |\n| 8 | MR. MAJOR:
Nick, just before we get |\n| 9 | started, can we agree that we will do the |\n| 10 | usual stipulations, including that |\n| 11 | objections, except as to the form of the |\n| 12 | question, are reserved. |\n| 13 | MR. THOMASON:
That's the |\n| 14 | Connecticut usual stipulations. |\n| 15 | MR. BASSETT:
I'm not agreeing to |\n| 16 | the usual stipulations because I don't know |\n| 17 | what they are. |\n| 18 | MR. MAJOR:
Let's just set them up. |\n| 19 | I think the most important one, just for |\n| 20 | the administration of the deposition and to |\n| 21 | make sure we can get through it, is that |\n| 22 | objections, except as to the form of the |\n| 23 | question, are reserved.
So, you know, I'll |\n| 24 | just object if I have any objections to the |\n| 25 | form of the question, and leave it at that. |\n| | |\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 8 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n1 M. CONBOY 2 So that we're not dealing with all -- you 3 know, a whole slew of objections like 4 hearsay and all of that kind of stuff. 5 Those can be dealt with later. 6 MR. BASSETT: I'm fine with that. I 7 think that's what the rule would provide. 8 MR. MAJOR: Yup. 9 MR. BASSETT: I mean, I don't want 10 to -- I'm not agreeing to quote, unquote, 11 usual stipulations with which I am not 12 familiar. But if we're all agreeing that 13 the Federal Rules of Civil Procedure and 14 the Federal Rules of Evidence apply to this 15 case, I have no problem with that. 16 MR. MAJOR: The objections are 17 reserved, so we don't have to make them 18 now. 19 MR. BASSETT: Again, I think -- 20 Chris, I think the rules provide for that, 21 but... 22 MR. MAJOR: Yeah, and then I just 23 want to make a statement on behalf of our 24 client Greenwich Land that we are the 25 maintaining the attorney-client privilege, KWOK V. GREENWICH LAND ET AL. 7\n\n> 800.211.DEPO (3376) EsquireSolutions.com\n\n10:06\n\n10:06\n\n10:06\n\n10:06\n\n10:07\n\nYVer1f\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 9 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\nKWOK V. GREENWICH LAND ET AL.\n\n| 1 | M. CONBOY |\n|----|---------------------------------------------|\n| 2 | and therefore communications that the |\n| 3 | witness or her firm had with officers of |\n| 4 | Greenwich Land LLC are privileged, as well |\n| 5 | as mental impressions and speculation and |\n| 6 | anything based on those communications are |\n| 7 | privileged, including, without limitation, |\n| 8 | any disclosures that have already been made |\n| 9 | to the trustee, either in a 2004 exam or in |\n| 10 | separate communications.
Those were not |\n| 11 | authorized disclosures of attorney-client |\n| 12 | privileged communications, and therefore we |\n| 13 | are asking the witness and her counsel that |\n| 14 | she not testify to any communications she |\n| 15 | had with Greenwich Land LLC officers or any |\n| 16 | mental impressions or speculation the |\n| 17 | witness may have derived or come to as a |\n| 18 | result of communications with officers of |\n| 19 | Greenwich Land LLC. |\n| 20 | MR. BASSETT:
Well, Chris you've |\n| 21 | seen the 2004 deposition transcript in this |\n\n22 case, correct?\n\n·\n\n23 MR. MAJOR: When you say \"in this 24 case,\" I don't know if you are -- assume 25 you are referring to Ms. Conboy's\n\n> 800.211.DEPO (3376) EsquireSolutions.com\n\n10:07\n\n8\n\n10:07\n\n10:07\n\n10:08\n\n10:08\n\nYVer1f\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 10 of 96\n\nSeptember 12, 2023\n\n10:08\n\n9\n\n10:08\n\n10:08\n\n10:09\n\n10:09\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY deposition transcript? 3 MR. BASSETT: Yes. 4 MR. MAJOR: Yes, it's an exhibit to the complaint. 6 MR. BASSETT: Right. And if what you are saying is that now for the first time you are going to raise privilege over, for example, all the questions that we asked Ms. Conboy about documents involving her communications with Max Krasner and the like, and we are not going to be able to ask about those, then we have a serious problem, and you should have told us about that before the deposition today. 16 MR. MAJOR: Well, we weren't invited to the 2004 exam. This is our first appearance with this witness. And we are asserting the attorney-client privilege to the extent she's going to testify about communications she had with officers. And I don't know -- 23 (Multiple speakers.) 24 MR. BASSETT: Well -- Chris, you have -- suffice it to say you have long ago KWOK V. GREENWICH LAND ET AL.\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 11 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\nKWOK V. GREENWICH LAND ET AL.\n\n| 1 | M. CONBOY |\n|----|----------------------------------------------|\n| 2 | waived any argument that information |\n| 3 | contained in our complaint and attached in |\n| 4 | the deposition transcript filed publicly is |\n| 5 | privileged information.
If you felt that |\n| 6 | way, you should have said something months |\n| 7 | ago.
So I'm not going to -- I'm not even |\n| 8 | going to entertain that argument.
But why |\n| 9 | don't we -- why don't we start and we will |\n| 10 | see where we go.
If we get to a point |\n| 11 | where you're not letting me conduct this |\n| 12 | deposition in the way I need to conduct it, |\n| 13 | we're going to have a take a break and |\n| 14 | we're going to have figure this out. |\n| 15 | MR. MAJOR:
Okay.
It's not an |\n| 16 | argument for you to entertain.
It's |\n| 17 | Greenwich Land owns the privilege. |\n| 18 | MR. BASSETT:
And you've waived it, |\n| 19 | Chris. |\n| 20 | MR. MAJOR:
No.
No.
We have not |\n| 21 | participated in that. |\n| 22 | MR. BASSETT:
All right.
Let's |\n| 23 | just -- all right, let's -- let's just go |\n| 24 | and see how it goes. |\n| 25 | MR. MAJOR:
And I don't know what |\n| | |\n\n800.211.DEPO (3376) EsquireSolutions.com 10:09\n\n10\n\n10:09\n\n10:09\n\n10:10\n\n10:10\n\nYVer1f\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 12 of 96\n\nSeptember 12, 2023\n\n10:10\n\n10:10\n\n10:10\n\n10:11\n\n10:11\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 you or other representatives of the trustee 3 said to Whitman Breed to induce those 4 communications, but, you know, the 5 privilege is owned by Greenwich Land LLC. 6 It's not the trustee's call. And it's not 7 something for you to entertain. 8 MR. BASSETT: All right. Well, I'm 9 not agreeing with any of that, but, like I 10 said, let's continue. 11 BY MR. BASSETT: 12 Q. All right. Ms. Conboy, sorry for 13 that detour. 14 A. No. 15 Q. You and I have not had the pleasure 16 of meeting before but, again, I'm Nick Bassett 17 with Paul Hastings. We are counsel to the 18 Chapter 11 trustee in Ho Wan Kwok's bankruptcy 19 case. 20 A. Nice to meet you. 21 Q. Ms. Conboy, I note, A, you're a 22 lawyer; and B, you've been deposed before, so I 23 won't -- I won't bother going over kind of the 24 rules of the road here. 25 The one thing I'll mention at the KWOK V. GREENWICH LAND ET AL. 11\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 13 of 96\n\nSeptember 12, 2023\n\n10:11\n\n10:11\n\n10:11\n\n10:11\n\n10:11\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | outset is that I know you do have other |\n| 3 | obligations this afternoon.
We committed to |\n| 4 | get you out of here, I think, in no more than |\n| 5 | four hours, and I'm confident we will be able |\n| 6 | to do that, and to help be as expeditious as |\n| 7 | possible, I do not plan to take a lunch break, |\n| 8 | but, obviously, if you need a break, if you |\n| 9 | want a lunch break, if you want -- you know, |\n| 10 | break at any time, feel free to let me know. |\n| 11 | And as long as you answer any pending question, |\n| 12 | I'll be happy to accommodate. |\n| 13 | Is that okay? |\n| 14 | A.
That's fine.
Thank you. |\n| 15 | Q.
All right.
You are welcome. |\n| 16 | Ms. Conboy, where are you located at |\n| 17 | the moment?
Is that your law office in the |\n| 18 | Connecticut? |\n| 19 | A.
Yes, Greenwich, Connecticut. |\n| 20 | Q.
And that's your counsel, a colleague |\n| 21 | of yours at the firm who's with you, |\n| 22 | Mr. Thomason? |\n| 23 | A.
Yes. |\n| 24 | Q.
Okay. |\n| 25 | Ms. Conboy, without revealing the |\n| | |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 14 of 96\n\nSeptember 12, 2023\n\n10:12\n\n10:12\n\n10:12\n\n10:12\n\n10:12\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| M. CONBOY |\n|-------------------------------------------------|\n| substance of any communications with your |\n| counsel, can you just describe for me what you |\n| did to prepare for today's deposition? |\n| A.
I just reviewed the -- my prior |\n| transcript and that affidavit, and that was it. |\n| Q.
When you say \"that affidavit\" what |\n| are you referring to? |\n| A.
The affidavit that was -- the |\n| affidavit that was drafted, I think, by your |\n| office or Chris Major's office. |\n| Q.
Did you review any other documents? |\n| A.
No. |\n| Q.
Okay. |\n| And where do you currently reside? |\n| Ms. Conboy, are you a resident of Connecticut? |\n| A.
In Greenwich, yes. |\n| Q.
And you are employed at Whitman |\n| Breed Abbott & Morgan LLC, that's the full |\n| name? |\n| A.
Yes. |\n| Q.
What is your title? |\n| A.
I'm a real estate attorney.
I'm a |\n| partner -- |\n| Q.
Okay. |\n| |\n| |\n\n### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 15 of 96\n\nSeptember 12, 2023\n\n10:13\n\n10:13\n\n10:13\n\n10:13\n\n10:13\n\nYVer1f\n\nMARGARET CONBOY· Confidential\n\n| | | M. CONBOY | | | | |\n|----|------------------|-------------------------------------------------|--|--|--|--|\n| 2 | A. | -- at the firm. | | | | |\n| 3 | Q. | And you said you practice real | | | | |\n| 4 | estate law. | | | | | |\n| 5 | | Is that a accurate description? | | | | |\n| 6 | A. | Yes. | | | | |\n| 7 | Q. | How long have you been practicing | | | | |\n| 8 | real estate law? | | | | | |\n| 9 | A. | About 30 years. | | | | |\n| 10 | Q. | How long at Whitman Breed? | | | | |\n| 11 | A. | 30 years. | | | | |\n| 12 | Q. | Congratulations. | | | | |\n| 13 | A. | Thanks. | | | | |\n| 14 | Q. | And how long as a partner there? | | | | |\n| 15 | A. | I don't know, 15, 20 years, | | | | |\n| 16 | | somewhere around there. | | | | |\n| 17 | Q. | Okay. | | | | |\n| 18 | | So you already mentioned it, but you | | | | |\n| 19 | | recall being deposed previously by my colleague | | | | |\n| 20 | | Mr. Luft in February of this year, right? | | | | |\n| 21 | A. | Yes. | | | | |\n| 22 | Q. | So I'm going to have my colleague | | | | |\n| 23 | | introduce that deposition transcript as an | | | | |\n| 24 | exhibit. | | | | | |\n| 25 | | MR. BASSETT:
I think that's our | | | | |\n\n### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 16 of 96\n\nSeptember 12, 2023\n\n10:14\n\n10:14\n\n10:14\n\n10:14\n\n10:14\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY | | | | | |\n|----|------------------------------------------------|--|--|--|--|--|\n| 2 | Tab 1, Ezra. | | | | | |\n| 3 | MR. SUTTON:
I just shared it in the | | | | | |\n| 4 | chat.
I'll share my screen shortly. | | | | | |\n| 5 | MR. BASSETT:
I would like the court | | | | | |\n| 6 | reporter to please mark this as Conboy | | | | | |\n| 7 | Exhibit 1. | | | | | |\n| 8 | (Conboy Exhibit 1, Conboy Deposition | | | | | |\n| 9 | Transcript from February 21, 2023, marked | | | | | |\n| 10 | for identification.) | | | | | |\n| 11 | BY MR. BASSETT: | | | | | |\n| 12 | Q.
Ms. Conboy, I see this on my screen. | | | | | |\n| 13 | I trust you can see it on yours as well? | | | | | |\n| 14 | A.
Yes. | | | | | |\n| 15 | Q.
And then we also put it in the chat, | | | | | |\n| 16 | which will allow you to download the document | | | | | |\n| 17 | yourself so that you can feel free to navigate | | | | | |\n| 18 | to any page of it that you would like. | | | | | |\n| 19 | A.
Okay. | | | | | |\n| 20 | Q.
Once you're comfortable, my question | | | | | |\n| 21 | is just whether you can confirm that this is, | | | | | |\n| 22 | in fact, as far as you can tell, a copy of the | | | | | |\n| 23 | transcript of your February deposition in this | | | | | |\n| 24 | matter? | | | | | |\n| 25 | A.
It looks like a copy, yup, yes. | | | | | |\n| | | | | | | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 17 of 96\n\nSeptember 12, 2023\n\n10:14\n\n10:15\n\n10:15\n\n10:15\n\n10:15\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 Q. Okay. 3 I just wanted to mark that. We'll 4 come back to it later. 5 Ms. Conboy, are you familiar, 6 generally, with Ho Wan Kwok, an individual by 7 that name? 8 A. Not -- no. 9 MR. MAJOR: Objection to form. 10 BY MR. BASSETT: 11 Q. You've heard of an individual named 12 Ho Wan Kwok, correct? 13 A. Yes. 14 Q. And what names? Do you know him by 15 any other names, based on your past 16 professional experience? 17 A. I've never met him and I've never 18 talked to him. So the only name I heard was 19 Miles Kwok. 20 Q. Okay. 21 And you understand that Miles Kwok 22 is the same person as Ho Wan Kwok, who is a 23 debtor in this case? 24 A. I have no personal knowledge of 25 that, but... KWOK V. GREENWICH LAND ET AL. 16\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 18 of 96\n\nSeptember 12, 2023\n\n17\n\n10:15\n\n10:15\n\n10:16\n\n10:16\n\n10:16\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential KWOK V. GREENWICH LAND ET AL.\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | Q.
Okay. |\n| 3 | But you don't have any reason to |\n| 4 | believe that the Miles Kwok you know from your |\n| 5 | professional experience is not the same Miles |\n| 6 | Kwok that is the debtor in this case? |\n| 7 | MR. MAJOR:
Objection to form. |\n| 8 | BY MR. BASSETT: |\n| 9 | Q.
You can answer the question. |\n| 10 | A.
Can you say that again?
I didn't -- |\n| 11 | Q.
Do you have any reason to believe |\n| 12 | that the Miles Kwok who you know from your |\n| 13 | professional experience is not the same |\n| 14 | personal as Ho Wan Kwok who is the debtor in |\n| 15 | this Chapter 11 case? |\n| 16 | A.
No. |\n| 17 | MR. MAJOR:
Objection.
Form. |\n| 18 | A.
No, I don't. |\n| 19 | Q.
Okay. |\n| 20 | So if I refer to -- I'll try to use |\n| 21 | Mr. Kwok today to refer to Miles Kwok. |\n| 22 | Is that okay with you? |\n| 23 | A.
Yup, yes. |\n| 24 | Q.
Okay. |\n| 25 | MR. MAJOR:
I would like the first |\n| | |\n\n\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 19 of 96\n\nSeptember 12, 2023\n\n10:16\n\n10:16\n\n10:17\n\n10:17\n\n10:17\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|----------------------------------------------|\n| 2 | exhibit to be marked highly confidential. |\n| 3 | Contrary to counsel's statement it was not |\n| 4 | publicly filed.
It was filed under seal, |\n| 5 | and we maintain that it contains |\n| 6 | disclosures of privileged information.
I |\n| 7 | would like it marked highly confidential. |\n| 8 | MR. BASSETT:
Okay.
I thought it |\n| 9 | was publicly available, but I will have to |\n| 10 | confirm.
If you are telling me it wasn't, |\n| 11 | then I'll check that. |\n| 12 | BY MR. BASSETT: |\n| 13 | Q.
Ms. Conboy, are you familiar with an |\n| 14 | entity called Greenwich Land LLC? |\n| 15 | A.
Yes. |\n| 16 | Q.
Is this entity -- was this entity a |\n| 17 | client of Whitman Breed's? |\n| 18 | A.
Yes. |\n| 19 | Q.
Were you involved in that |\n| 20 | representation? |\n| 21 | A.
Yes. |\n| 22 | Q.
What was your role? |\n| 23 | A.
I was the real estate attorney for |\n| 24 | that LLC. |\n| 25 | Q.
Okay. |\n| | |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 20 of 96\n\n| 1 | M. CONBOY | |\n|---|------------|--|\n| 2 | All right. | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n\n| Case 22-50073 | Doc 2292-45 | Filed 10/26/23 | Entered 10/26/23 20:46:12 | Page 21 |\n|---------------|-------------|----------------|---------------------------|---------|\n| | | of 96 | | |\n\n| Q.
And did you also represent an entity
called Hudson Diamond New York LLC?
When I say
you, I mean your law firm.
A.
Yes.
MR. MAJOR:
Objection to form.
BY MR. BASSETT: | | |\n|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----|----------------------------------------|\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | 19 | |\n| | 20 | |\n| | 21 | |\n| | 22 | |\n| | 23 | |\n| | 24 | |\n| | 25 | Q.
I would like my colleague to put |\n| | | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 22 of 96\n\n| 1 | M. CONBOY |\n|----|---------------------------------------------|\n| 2 | Tab 2 on the screen, please. |\n| 3 | (Conboy Exhibit 2, |\n| | marked for |\n| 5 | identification.) |\n| 6 | MR. BASSETT:
And I would like the |\n| 7 | court reporter to please mark this document |\n| 8 | as Exhibit 2, Conboy Exhibit 2. |\n| 9 | BY MR. BASSETT: |\n| 10 | Q.
Ms. Conboy, do you recognize this |\n| 11 | document? |\n| 12 | A. |\n| | |\n| 14 | Q.
Okay. |\n| 15 | |\n| | |\n| | |\n| 18 | A.
Yes. |\n| 19 | Q.
Okay. |\n| 20 | |\n| | |\n| | |\n| | |\n| | |\n| 25 | Do you see that? |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 23 of 96\n\n| 1 | M. CONBOY |\n|----|----------------------------------------------|\n| 2 | A.
Mh-hm. |\n| 3 | Q. |\n| | |\n| | |\n| | |\n| 7 | A.
Yes.
Yes. |\n| 8 | Q.
Okay. |\n| 9 | |\n| | |\n| | |\n| | |\n| 13 | A.
Yes. |\n| 14 | Q.
Who was your main point of contact |\n| 15 | on the client's side for your firm's |\n| 16 | representation of these entities? |\n| 17 | A.
It was Max Krasner. |\n| 18 | Q.
Okay. |\n| 19 | In the course of this -- of these |\n| 20 | engagements of these entities, did you ever |\n| 21 | speak at any time to Mr. Kwok's wife? |\n| 22 | A.
No. |\n| 23 | Q.
At the time of your earlier |\n| 24 | deposition in February in this case, did you |\n| 25 | know Mr. Kwok's wife's name? |\n\n### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 24 of 96\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | A.
No. |\n| 3 | Q.
Have you ever spoken to Mr. Kwok's |\n| 4 | son? |\n| 5 | A.
No. |\n| 6 | Q.
Have you ever spoken to Mr. Kwok's |\n| 7 | daughter? |\n| 8 | A.
No. |\n| 9 | Q.
Ms. Conboy, did you represent |\n| 10 | Greenwich Land and Golden Spring in connection |\n| 11 | with the purchase of residential property |\n| 12 | located at 33 Ferncliff Road in Connecticut? |\n| 13 | MR. MAJOR:
Objection. |\n| 14 | A.
Yes. |\n| 15 | MR. BASSETT:
I would like my |\n| 16 | colleague to put Tab 3 to the chat, please. |\n| 17 | (Conboy Exhibit 3, |\n| | |\n| 19 | WBAM_000035, marked for identification.) |\n| 20 | MR. BASSETT:
I would like the court |\n| 21 | reporter to please mark this as Conboy |\n| 22 | Exhibit 3. |\n| 23 | BY MR. BASSETT: |\n| 24 | Q.
Ms. Conboy, do you recognize this |\n| 25 | document? |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 25 of 96\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------|\n| 2 | A.
Yes, I do. |\n| 3 | Q.
And I should have done this before. |\n| 4 | I'll do it now, but just for the record, |\n| | |\n| | |\n| 7 | And at the bottom right-hand corner, |\n| 8 | I believe it starts with the Bates Label |\n| 9 | WBAM_000035. |\n| 10 | |\n| | |\n| | |\n| 13 | A. |\n| 14 | Q. |\n| | |\n| | |\n| | |\n| | |\n| | |\n| 20 | MR. MAJOR:
Objection to form. |\n| 21 | A. |\n| 22 | Q. |\n| | |\n| | |\n| | |\n| | |\n| | |\n\n### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 26 of 96\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | |\n| | |\n| 4 | A.
Yes, I did. |\n| 5 | Q.
Okay. |\n| 6 | And do you recall approximately the |\n| 7 | date of the -- of the initial purchase of the |\n| 8 | property and then -- well, I'll start with |\n| 9 | that. |\n| 10 | Do you recall the date of the |\n| 11 | initial purchase of the property, |\n| 12 | approximately? |\n| 13 | A.
I don't remember.
Maybe 2020, |\n| 14 | somewhere around there.
I don't remember the |\n| 15 | dates. |\n| 16 | Q.
Okay. |\n| 17 | We can look at documents later. |\n| 18 | And do you recall, off the top of |\n| 19 | your head, the approximate date of the sale? |\n| 20 | A.
Probably 2022. |\n| 21 | Q.
Okay. |\n| 22 | A.
But again, I'm not positive. |\n| 23 | Q.
No problem.
We can look at |\n| 24 | documents there as well. |\n| 25 | So other than -- setting the |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 27 of 96\n\nSeptember 12, 2023\n\n10:25\n\n10:25\n\n10:25\n\n10:25\n\n10:26\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | Ferncliff property to one side, which we just |\n| 3 | established there was a purchase of that |\n| 4 | property and then a sale of it, did you also |\n| 5 | represent the same entities that we've been |\n| 6 | talking about, Greenwich Land, Golden Spring, |\n| 7 | and Hudson Diamond, in connection with |\n| 8 | potential real property purchases that did not |\n| 9 | close? |\n| 10 | A.
Yes. |\n| 11 | Q.
Do you recall which properties there |\n| 12 | were that you looked at on their behalf? |\n| 13 | A.
There was -- |\n| 14 | MR. MAJOR:
Objection.
Form. |\n| 15 | A.
There was a Clapboard Ridge.
There |\n| 16 | was one in Stamford, Chateau Ridge I believe in |\n| 17 | Greenwich.
Those are pretty much about three |\n| 18 | or four -- maybe four that we did. |\n| 19 | Q.
Okay. |\n| 20 | So -- that's fine.
110 Clapboard |\n| 21 | Ridge Road, does that sound right as one of the |\n| 22 | properties? |\n| 23 | A.
Yes. |\n| 24 | Q.
And then how about 32 Chateau Ridge |\n| 25 | Road in Greenwich? |\n| | |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 28 of 96\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | A.
Yes. |\n| 3 | Q.
On that one, if you could please |\n| 4 | turn to your deposition transcript which is at |\n| 5 | Tab 1, and I want to take you to page 35 of |\n| 6 | that. |\n| 7 | MR. MAJOR:
I just want to note for |\n| 8 | the record that, as we've insisted, that |\n| 9 | the Exhibit 1 be marked highly |\n| 10 | confidential.
Any portions of the |\n| 11 | transcript referring to that document |\n| 12 | should also be marked highly confidential. |\n| 13 | MR. BASSETT:
Okay.
Well, |\n| 14 | obviously, that's fine under the protective |\n| 15 | order, and we will reserve all of the |\n| 16 | rights that we have under the protective |\n| 17 | order in that regard, but that's fine. |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 29 of 96\n\n| 19
Q.
Do you recall 140 Wallacks Drive in | |\n|------------------------------------------------------|--|\n| 20
Stamford as another property about which there | |\n| 21
was -- there were discussions of a potential | |\n| 22
purchase? | |\n| 23
A.
Yes. | |\n| 24
Q.
How about 66 Sherwood Road in | |\n| 25
Greenwich? | |\n| | |\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 30 of 96\n\n| 1 | M. CONBOY |\n|---|------------------------------------------------|\n| | A.
Yes. |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | Q.
Thank you. |\n| | Back to other properties.
Do you |\n| | recall another property with respect to which |\n| | you provided advice to the entities we've been |\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 31 of 96\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | discussing as 11 Hurlingham Drive in Greenwich? |\n| 3 | A.
I don't really remember as much.
I |\n| 4 | don't remember it. |\n| 5 | Q.
Okay. |\n| 6 | I think we might see a document |\n| 7 | later that references that property. |\n| 8 | How about 602 Indian Field Road in |\n| 9 | Greenwich? |\n| 10 | A.
Yes. |\n| 11 | Q.
So do you -- we talked about |\n| 12 | properties with respect to which you provided |\n| 13 | advice under the engagement that we've been |\n| 14 | talking about. |\n| 15 | Do you also recall a transaction |\n| 16 | involving a property at 373 Taconic Road where |\n| 17 | you did not represent Greenwich Land, Golden |\n| 18 | Spring, or Hudson Diamond? |\n| 19 | A.
Yes. |\n| 20 | Q.
What was your involvement in that |\n| 21 | transaction? |\n| 22 | A.
I was representing the seller. |\n| 23 | Q.
Okay. |\n| | |\n| | |\n\n\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 32 of 96\n\n| & ESQUIRE |\n|-----------|\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 33 of 96\n\n5 MR. BASSETT: I would like my 6 colleague to, please, put Tab 4 into the 7 chat. 8 (Conboy Exhibit 4, October 3rd, 9 2019, E-mail Bates labeled WBAM\\_010076, 10 marked for identification.) 11 MR. BASSETT: And this document will 12 be marked as -- I would like it to be 13 marked as Conboy Exhibit 4. And for the 14 record, this is an October 3rd, 2019, 15 e-mail with the Bates label in the bottom 16 right-hand corner WBAM\\_010076. 17 BY MR. BASSETT: 18 Q. Ms. Conboy, these documents that 19 we've been seeing that have a Bates label 20 beginning with WBAM in the lower right-hand 21 corner, do you understand that these are 22 documents Whitman Breed produced from its files 23 to the trustee? 24 A. Yes. 25 Q. And these documents that were\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 34 of 96\n\nSeptember 12, 2023\n\n10:32\n\n10:32\n\n10:33\n\n10:33\n\n10:33\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | produced, are these documents that the firm |\n| 3 | kept in its ordinary course of business? |\n| 4 | A.
Yes. |\n| 5 | Q.
Do you recall -- well, strike that. |\n| 6 | Did you write the e-mail that |\n| 7 | appears here in Conboy Exhibit 4? |\n| 8 | A.
Yes. |\n| 9 | Q.
Who is Kevin Walsh? |\n| 10 | A.
He's our managing partner.
He's a |\n| 11 | partner of mine. |\n| 12 | Q.
And you say -- in the first sentence |\n| 13 | of the e-mail -- Kevin, my client, the Chinese |\n| 14 | billionaire, may purchase 602 Indian Field |\n| 15 | which is the 11-acre vacant parcel at the end |\n| 16 | of Meade's Point. |\n| 17 | Do you see that? |\n| 18 | A.
Yes. |\n| 19 | Q.
Who is the Chinese billionaire to |\n| 20 | whom you are referring to in this e-mail? |\n| 21 | MR. MAJOR:
Objection to form. |\n| 22 | A.
That was how Miles Kwok was referred |\n| 23 | to in -- when you do a Google search. |\n| 24 | Q.
Okay. |\n| 25 | So when you wrote this e-mail and |\n| | |\n| | |\n\n\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 35 of 96\n\nSeptember 12, 2023\n\n10:33\n\n10:34\n\n10:34\n\n10:34\n\n10:34\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|--------------------------------------------------|\n| 2 | you used the words \"the Chinese billionaire,\" |\n| 3 | that was a reference to Miles Kwok? |\n| 4 | A.
Yes.
Through Google. |\n| 5 | MR. THOMASON:
Yes-or-no question. |\n| 6 | BY MR. BASSETT: |\n| 7 | Q.
And then you say the -- at the end |\n| 8 | of that sentence you say:
The seller accepted |\n| 9 | his offer of \\$35 million. |\n| 10 | Do you see that? |\n| 11 | A.
Yes. |\n| 12 | Q.
And the word \"his\" there again is a |\n| 13 | reference to the Chinese billionaire, Miles |\n| 14 | Kwok? |\n| 15 | MR. MAJOR:
Objection to form. |\n| 16 | A.
Yes. |\n| 17 | Q.
In the next sentence you say -- of |\n| 18 | this e-mail, you say:
I do not know if this |\n| 19 | will really go through.
He is meeting with |\n| 20 | architects, engineers, et cetera. |\n| 21 | I want to focus on the word \"he\" |\n| 22 | there.
He is meeting with architects, |\n| 23 | engineers, et cetera.
The \"he,\" again, is a |\n| 24 | reference to the Chinese billionaire, Mr. Kwok, |\n| 25 | right? |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 36 of 96\n\nSeptember 12, 2023\n\n10:34\n\n10:35\n\n10:35\n\n10:35\n\n10:35\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|---------------------------------------------------|\n| 2 | MR. MAJOR:
Objection to form. |\n| 3 | A.
Yes. |\n| 4 | Q.
And then in the last sentence of |\n| 5 | this e-mail it says:
Apparently, the current |\n| 6 | owner has approval to build two house.
I'm not |\n| 7 | sure if my client will just build one house or |\n| 8 | two.
My client has had me hold off on ordering |\n| 9 | searchs until he has an idea of what is |\n| 10 | involved in building on the parcel. |\n| 11 | Again, consistent with the rest of |\n| 12 | this e-mail, the references to \"my client\" when |\n| 13 | you wrote this e-mail were to the Chinese |\n| 14 | billionaire Miles Kwok, right? |\n| 15 | MR. MAJOR:
Objection to form. |\n| 16 | A.
Yes. |\n| 17 | Q.
The work that you were performing |\n| 18 | with respect to this potential property |\n| 19 | purchase, this is all work under the umbrella |\n| 20 | of the engagements that we talked about |\n| 21 | previously, right, the Greenwich Land, Hudson |\n| 22 | Diamond, and Golden Spring engagement? |\n| 23 | MR. MAJOR:
Objection to form. |\n| 24 | A.
Yes. |\n| 25 | Q.
Okay. |\n| | |\n\n\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 37 of 96\n\nSeptember 12, 2023\n\n10:35\n\n10:36\n\n10:36\n\n10:37\n\n10:37\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 MR. BASSETT: Can my colleague, 3 please, put Tab 5 into the chat. 4 (Conboy Exhibit 5, January 22, 2019, 5 E-mail Bates labeled WBAM\\_0002663, marked 6 for identification.) 7 MR. BASSETT: And this one will be 8 marked as Conboy Exhibit 5; is that 9 correct? Thanks. Sorry. 10 BY MR. BASSETT: 11 Q. So for the record the document being 12 mark as Conboy Exhibit 5, is a January 22, 13 2019, e-mail with the Bates label at the bottom 14 right-hand corner of the first page 15 WBAM\\_0002663. 16 Ms. Conboy, if you look at the 17 e-mail nearest the bottom of this page at 18 2:58 p.m., begins: Hi Kristi. 19 Is that an e-mail that you wrote? 20 A. Yes. 21 Q. You say: Hi Kristi, can you order a 22 full title and municipal search for 140 23 Wallacks Drive, Caritas Island, Stamford? 24 Do you see that? 25 A. Yes. KWOK V. GREENWICH LAND ET AL. 36\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 38 of 96\n\nSeptember 12, 2023\n\n10:37\n\n10:37\n\n10:37\n\n10:37\n\n10:38\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 MR. THOMASON: Can you zoom in just 3 a little bit. 4 THE WITNESS: Yes, it needs to be. 5 MR. BASSETT: Sure. 6 MR. THOMASON: Perfect. 7 BY MR. BASSETT: 8 Q. So you were asking a colleague here 9 to perform a title and municipal search; is 10 that right, for a potential property to be 11 acquired? 12 A. Yes. 13 Q. If you go up to the top e-mail in 14 the chain, you say: Hi Bob. 15 Who is Bob? 16 A. Our title searcher. 17 Q. Okay. 18 You said: Hi Bob, I would like you 19 to do the searches because this is a high-end 20 property on the water. The Chinese billionaire 21 has accepted an offer. Thanks. 22 Do you see that? 23 A. Yes. 24 Q. And to whom is the Chinese 25 billionaire a reference? KWOK V. GREENWICH LAND ET AL. 37\n\n\n\n### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 39 of 96\n\nSeptember 12, 2023\n\n10:38\n\n10:38\n\n10:39\n\n10:39\n\n10:39\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n·\n\n1 M. CONBOY 2 A. Mr. Kwok. 3 MR. BASSETT: Can my colleague, 4 please, put Tab 6 on the screen. 5 (Conboy Exhibit 6, January 6, 2019, 6 E-mail, Bates Stamped WBAM\\_002803, marked 7 for identification.) 8 MR. BASSETT: For the record, Conboy 9 Exhibit 6 is an e-mail chain, the top 10 e-mail dated January 6, 2019, Bates stamped 11 at the bottom right-hand corner of the 12 first page WBAM\\_002803. 13 BY MR. BASSETT: 14 Q. If we turn to page Bates labeled 15 2806. 16 What you'll see here is an e-mail 17 from an Emile deNeree to a Barbara Vogt. 18 Do you know who those individuals 19 are? 20 A. I have -- I know Barbara Vogt, but 21 the others I don't know. 22 Q. Well, do you understand that Emile 23 deNeree was acting as a broker for Mr. Kwok? 24 MR. MAJOR: Objection to form. 25 A. I don't remember. I don't remember KWOK V. GREENWICH LAND ET AL. 800.211.DEPO (3376) 38\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 40 of 96\n\nSeptember 12, 2023\n\n10:40\n\n10:40\n\n10:40\n\n10:40\n\n10:41\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | Emile.
I don't remember him. |\n| 3 | Q.
In his e-mail to Barbara Vogt he |\n| 4 | says:
Could you please ask your clients to |\n| 5 | agree to these terms because Miles is ready to |\n| 6 | sign the contract this afternoon as long as his |\n| 7 | attorney receives the acceptable terms for due |\n| 8 | diligence. |\n| 9 | Do you see that? |\n| 10 | A.
Yes. |\n| 11 | Q.
And then after that it says:
Miles |\n| 12 | does not want the extension.
His lawyer is |\n| 13 | just protecting him. |\n| 14 | A.
Yes. |\n| 15 | Q.
All right.
Now, if you scroll up to |\n| 16 | the first page, you were eventually copied on |\n| 17 | this e-mail. |\n| 18 | Do you see that? |\n| 19 | A.
No, I don't see. |\n| 20 | Q.
Go to the top. |\n| 21 | A.
Oh, yup.
I see up top. |\n| 22 | Q.
You having been copied on this |\n| 23 | e-mail and you having represented Golden |\n| 24 | Spring, Hudson Diamond, and Greenwich Land, can |\n| 25 | you tell me what's your recollection of why you |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 41 of 96\n\nSeptember 12, 2023\n\n10:41\n\n10:41\n\n10:41\n\n10:41\n\n10:41\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | would have been copied on this e-mail? |\n| 3 | MR. MAJOR:
Objection to form. |\n| 4 | (Multiple speakers.) |\n| 5 | MR. MAJOR:
Calls for speculation. |\n| 6 | BY MR. BASSETT: |\n| 7 | Q.
I'm sorry? |\n| 8 | A.
I didn't write this -- I don't know. |\n| 9 | I don't know why I'm copied on it. |\n| 10 | Q.
Okay. |\n| 11 | Well, if you scroll back down to the |\n| 12 | e-mail we looked at before from Mr. deNeree, to |\n| 13 | the other individual who you said you |\n| 14 | understood was a broker? |\n| 15 | A.
Mh-hm. |\n| 16 | Q.
Mr. deNeree is saying to Ms. Vogt: |\n| 17 | Could you please ask your clients to agree to |\n| 18 | these terms because Miles is ready to sign the |\n| 19 | contract this afternoon as long as his attorney |\n| 20 | receives acceptable terms for due diligence. |\n| 21 | Do you see that? |\n| 22 | A.
Yes. |\n| 23 | Q.
Okay. |\n| 24 | Does it stand to reason that if |\n| 25 | Ms. Vogt was representing the seller in this |\n| | |\n| | |\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 42 of 96\n\nSeptember 12, 2023\n\n10:42\n\n10:42\n\n10:42\n\n10:42\n\n10:43\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n·\n\n1 M. CONBOY 2 potential transaction, that Mr. deNeree was 3 acting as the broker for Mr. Kwok? 4 MR. MAJOR: Objection to form. 5 Calls for speculation. 6 A. I don't remember Frank -- or 7 whatever -- I'm sorry. Emile, I don't remember 8 him. 9 Q. Do you recall working on this 10 potential transaction? 11 A. Yes. 12 Q. And who did you represent in this 13 potential transaction? 14 A. Is this the -- are we still on the 15 Wallacks -- which transaction is this. 16 Q. Yes. I mean, if we -- we can scroll 17 through the whole thing. I believe there is 18 references to Wallacks Road? 19 A. Okay. 20 (Document review.) 21 A. Okay. So what was the question 22 again? 23 Q. I asked if you remember working on 24 this transaction? 25 A. I remember working on Wallacks Road, KWOK V. GREENWICH LAND ET AL. 800.211.DEPO (3376) 41\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 43 of 96\n\nSeptember 12, 2023\n\n10:43\n\n10:43\n\n10:43\n\n10:44\n\n10:44\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 that -- if this is Wallacks Road, then I 3 remember working on it. 4 Q. Okay. 5 If you go back to the e-mail from 6 Mr. deNeree, if you were representing the buyer 7 in this potential transaction, then the 8 reference to the buyer's attorney would be you; 9 would it not? 10 MR. MAJOR: Objection to form. 11 A. Yes, yes. The buyer's -- 12 Q. And when it says: Miles does not 13 want the extension. His lawyer is just 14 protecting him. 15 His lawyer would be a reference to 16 you; would it not? 17 MR. MAJOR: Objection to form. 18 A. I didn't write the e-mail, so -- but 19 it sounds like it would -- I don't, you know, I 20 didn't -- I don't know what was in the -- in 21 his -- what he was thinking, but... 22 Q. Are you aware of -- are you aware of 23 Mr. Kwok having had another lawyer represent 24 him in connection with Wallacks Road? 25 A. I don't know. I don't know. KWOK V. GREENWICH LAND ET AL. 42\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 44 of 96\n\nSeptember 12, 2023\n\n10:44\n\n10:44\n\n10:45\n\n10:45\n\n10:45\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|---------------------------------------------|\n| 2 | Q.
You don't -- you are not aware, |\n| 3 | correct? |\n| 4 | A.
I'm not aware, no, no. |\n| 5 | MR. BASSETT:
If I could, please, |\n| 6 | have my colleague put Tab 7 on the screen. |\n| 7 | (Conboy Exhibit 7, July 12, 2019, |\n| 8 | E-mail Chain Bates Labeled WBAM_003873, |\n| 9 | marked for identification.) |\n| 10 | MR. BASSETT:
This document, which I |\n| 11 | will ask to be marked as Conboy Exhibit 7, |\n| 12 | is an e-mail chain beginning with the |\n| 13 | e-mail, the first page dated July 12, 2019, |\n| 14 | and the Bates label in the bottom |\n| 15 | right-hand corner WBAM_00387. |\n| 16 | Do you see that? |\n| 17 | A.
Yes. |\n| 18 | MR. THOMASON:
3873. |\n| 19 | MR. BASSETT:
3873.
Correct. |\n| 20 | BY MR. BASSETT: |\n| 21 | Q.
And then if you would, please, go to |\n| 22 | the first e-mail of the chain on 3875. |\n| 23 | MR. BASSETT:
There's a lot of |\n| 24 | background noise.
I'm not sure where |\n| 25 | that's coming from.
I think it was |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 45 of 96\n\nSeptember 12, 2023\n\n10:46\n\n10:46\n\n10:46\n\n10:46\n\n10:47\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 Chris's. 3 BY MR. BASSETT: 4 Q. If you look at that e-mail, there 5 are two individuals, an e-mail from a Louise 6 Camuto to a Mary Muffin E. Dowdle. 7 Do you see that? 8 A. Yes. 9 Q. Do you understand Ms. Dowdle and 10 Ms. Camuto to be real estate brokers? 11 A. Ms. Dowdle was a real estate broker. 12 I don't know who Ms. Camuto is. So I don't 13 know about her. 14 Q. Do you understand Ms. Dowdle was a 15 broker working for Mr. Kwok? 16 A. Yes. Or -- yes. 17 Q. And this is about a property on chat 18 toe ridge property we had mentioned earlier? 19 A. Yes. 20 Q. This e-mail we are looking by 21 Ms. Camuto is actually addressed to Mr. Kwok 22 and in the first paragraph it says: Dear 23 Miles, thank you for getting back to me. I 24 look forward to concluding and having you move 25 into this amazing place which we love so much KWOK V. GREENWICH LAND ET AL. 44\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 46 of 96\n\nSeptember 12, 2023\n\n10:47\n\n10:47\n\n10:47\n\n10:47\n\n10:48\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY and you seem to love it as much as we do. 3 Do you see that? 4 A. Yes. 5 Q. In the second paragraph it says: You have asked that I leave the urns on stands in the living room, the great room. Knowing how much you love them and in the spirit of cooperation, I would like you to have these. And then it says: In return, if you would allow me to keep the set of blue chairs, which have always been mine so I can keep the set of four together. 14 Do you see that? 15 A. Yes. 16 Q. Okay. 17 And then in the next paragraph which I will just paraphrase it talks about she's saying to Miles that he has asked for two cabinets or armoires. And then in the paragraph after that -- in the final paragraph it talks about two men who work on the estate, mentions their salaries. And then it concludes by saying: Please let me know if you are interested in assuming these salaries to your KWOK V. GREENWICH LAND ET AL. 45\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 47 of 96\n\nSeptember 12, 2023\n\n10:48\n\n10:48\n\n10:49\n\n10:49\n\n10:49\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | payroll as well. |\n| 3 | Do you see that? |\n| 4 | A.
Yes. |\n| 5 | Q.
And then if we go up to the next |\n| 6 | e-mail above this, Max Krasner whom you said |\n| 7 | was your point of contact on the engagement, |\n| 8 | forwards this to a Yvette Wang and a Karin |\n| 9 | Maistrello. |\n| 10 | And then if you go up, this is |\n| 11 | Yvette Wang writing back to the initial author |\n| 12 | of the first e-mail.
And it says:
Dear |\n| 13 | Louise, thank you for getting back to Miles. |\n| 14 | Kindly forgive him as he does better with oral |\n| 15 | English than written. |\n| 16 | Do you see that? |\n| 17 | A.
Yes. |\n| 18 | Q.
And then it also says:
Miles said |\n| 19 | he exactly shares the same love as you to this |\n| 20 | fabulous home.
He would even hope you could |\n| 21 | come back in the future, share the beautiful |\n| 22 | stories about this place with him.
I believe |\n| 23 | there are a lot. |\n| 24 | Do you see that? |\n| 25 | A.
Yes. |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 48 of 96\n\nSeptember 12, 2023\n\n10:49\n\n10:49\n\n10:50\n\n10:50\n\n10:50\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|--------------------------------------------------|\n| 2 | Q.
And then it says:
Miles said he |\n| 3 | appreciates you agree to leave the urns.
He |\n| 4 | does love them very much.
In the same spirit |\n| 5 | of cooperation he would like you to keep the |\n| 6 | set of four blue chairs, plus he even prefers |\n| 7 | you to choose the cabinet which you like most. |\n| 8 | Do you see that? |\n| 9 | A.
Yes. |\n| 10 | Q.
And then the next paragraph starts |\n| 11 | with:
Golden Spring New York Limited, as a |\n| 12 | family office based in Manhattan, we take care |\n| 13 | of Miles and his family's businesses, projects, |\n| 14 | and assets and in the U.S.
GSNY directly will |\n| 15 | directly employ/contract Peter and James with |\n| 16 | the salary as you advised. |\n| 17 | And then it goes on. |\n| 18 | Do you see that? |\n| 19 | A.
Yes. |\n| 20 | Q.
And then, finally, on the last |\n| 21 | paragraph it says:
On behalf of Miles, thank |\n| 22 | you again for having this beautiful home to |\n| 23 | him.
All the best. |\n| 24 | Do you see that? |\n| 25 | A.
Yes. |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 49 of 96\n\nSeptember 12, 2023\n\n10:50\n\n10:50\n\n10:50\n\n10:51\n\n10:51\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|---------------------------------------------------|\n| 2 | Q.
And if you go to the e-mail above |\n| 3 | that, this is another e-mail back to Yvette |\n| 4 | Wang. |\n| 5 | MR. BASSETT:
My colleague can |\n| 6 | scroll up. |\n| 7 | BY MR. BASSETT: |\n| 8 | Q.
And, again, this is from Louise |\n| 9 | Camuto to Yvette Wang, copying Max Krasner and |\n| 10 | Karin Maistrello. |\n| 11 | If you scroll down, it says, among |\n| 12 | other things:
I'm so glad Miles will enjoy the |\n| 13 | fabulous urns that are, as you know, quite rare |\n| 14 | and valuable.
They make the room. |\n| 15 | Do you see that? |\n| 16 | A.
Yes. |\n| 17 | Q.
And then in the last paragraph it |\n| 18 | says:
Thank you and Miles, and please keep the |\n| 19 | communication flowing.
I'll be happy to come |\n| 20 | visit him one day when he's all settled in. |\n| 21 | Do you see that? |\n| 22 | A.
Yes. |\n| 23 | Q.
Now, this e-mail, as we already |\n| 24 | established, contains the Bates stamp from your |\n| 25 | law firm on it.
So this means it came from |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 50 of 96\n\nSeptember 12, 2023\n\n10:51\n\n10:51\n\n10:51\n\n10:52\n\n10:52\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 your files, right? 3 A. Yes. 4 Q. Now, in the course of your -- of the 5 work that you perform on behalf of a buyer in a 6 real estate transaction, for what purpose would 7 you typically receive an e-mail like this that 8 contains details of what a buyer might want to 9 purchase in a home? 10 MR. MAJOR: Objection to form. 11 A. It would be -- we would have it so 12 that we could put the terms, the different 13 terms that they speak about, in the contract. 14 Q. So you would have used this 15 information to put into a contract for the 16 potential purchase by Mr. Kwok of Chateau 17 Ridge, correct? 18 A. Correct. 19 MR. MAJOR: Objection to form. 20 BY MR. BASSETT: 21 Q. Again, all of this, the work that 22 you did with respect to the Chateau Ridge 23 property, like all of the work we've been 24 discussing, this was done under the sort of 25 umbrella of the Greenwich Land, Golden Spring, KWOK V. GREENWICH LAND ET AL. 49\n\n\n\nSeptember 12, 2023\n\n10:52\n\n10:52\n\n10:52\n\n10:53\n\n10:53\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | and Hudson Diamond engagement that we talked |\n| 3 | about? |\n| 4 | A.
Yes. |\n| 5 | MR. MAJOR:
Objection to form. |\n| 6 | MR. BASSETT:
If I can to -- or have |\n| 7 | my colleague, please, put up the e-mail |\n| 8 | that's -- sorry -- the document that's |\n| 9 | Tab 8. |\n| 10 | (Conboy Exhibit 8, December 15, |\n| 11 | 2020, E-mail Bates Stamped WBAM_0038336, |\n| 12 | marked for identification.) |\n| 13 | MR. BASSETT:
I will have this |\n| 14 | document marked as Conboy Exhibit 8. |\n| 15 | BY MR. BASSETT: |\n| 16 | Q.
And for the record, it's another |\n| 17 | e-mail chain, top e-mail in the chain, dated |\n| 18 | December 15, 2020, Bates stamped at the lower |\n| 19 | right-hand corner of the first page |\n| 20 | WBAM_0038336. |\n| 21 | Ms. Conboy, take your time to look |\n| 22 | at this as necessary, but do you -- as you can |\n| 23 | see, you're copied on the first e-mail in this |\n| 24 | chain as well as the second e-mail and, I |\n| 25 | think, others, if you scroll down. |\n| | |\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 52 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | Do you recall what property or |\n| 3 | properties this was in reference to?
The |\n| 4 | subject line is:
MK properties to Hudson |\n| 5 | Diamond New York LLC? |\n| 6 | A.
I don't know which property that is. |\n| 7 | MR. BASSETT:
Go to the next page, |\n| 8 | please.
Next page, please.
Okay. |\n| 9 | BY MR. BASSETT: |\n| 10 | Q.
The -- the e-mail chain does not |\n| 11 | appear to list the name of the property, but |\n| 12 | this is an e-mail exchange between you and Max |\n| 13 | Krasner, at least, at the top; is that correct, |\n| 14 | Ms. Conboy? |\n| 15 | A.
Yes. |\n| 16 | Q.
And so, therefore, to the best of |\n| 17 | your recollection, would this be one of the |\n| 18 | properties that we mentioned on which you |\n| 19 | provided advice under the Greenwich Land, |\n| 20 | Golden Spring, and Hudson Diamond engagement |\n| 21 | using Max Krasner as your point of contact? |\n| 22 | MR. MAJOR:
Objection to form. |\n| 23 | A.
It's from Max to me.
And he's |\n| 24 | telling us to hold off the -- it had to be |\n| 25 | workup of properties. |\n| | |\n\n800.211.DEPO (3376) EsquireSolutions.com 10:53\n\n10:54\n\n10:54\n\n10:54\n\n10:55\n\nYVer1f\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 53 of 96\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | Q.
What he's saying specifically to you |\n| 3 | is:
I just spoke with Miles, and he advised |\n| 4 | the team he will not move forward on this |\n| 5 | property. |\n| 6 | Do you see that? |\n| 7 | A.
Yes. |\n| 8 | Q.
And you understood that Miles is |\n| 9 | reference to Miles Kwok? |\n| 10 | A.
Yes. |\n| 11 | MR. MAJOR:
Objection to form. |\n| 12 | BY MR. BASSETT: |\n| 13 | Q.
And the \"he advised\" \"he\" there, |\n| 14 | that would also be a reference to Miles Kwok? |\n| 15 | MR. MAJOR:
Objection to form. |\n| 16 | A.
That's what he wrote -- that's what |\n| 17 | Max Krasner wrote, so. |\n| 18 | Q.
Okay. |\n| 19 | So we've -- Ms. Conboy, we've seen |\n| 20 | quite a few e-mails today, five or six or so. |\n| 21 | Do you recall seeing these same |\n| 22 | e-mails in your February deposition? |\n| 23 | A.
Yes. |\n| | |\n\n\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 54 of 96\n\n| 2 ESQUIRE |\n|-----------|\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 55 of 96\n\n| & ESQUIRE |\n|-----------|\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 56 of 96\n\n| 2 ESOUIRE |\n|-----------|\n| |\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 57 of 96\n\n| 24 | MR. BASSETT:
I would like my |\n|----|---------------------------------------------|\n| 25 | colleague to, please, put our Tab 10, which |\n| | |\n| | |\n| | |\n| | |\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 58 of 96\n\n| 1 | M. CONBOY |\n|----|------------------------------------------|\n| 2 | is going to be Exhibit 9 into the chat. |\n| 3 | (Conboy Exhibit 9, |\n| | Bates Labeled WBAM_00002, |\n| 5 | marked for identification.) |\n| 6 | MR. BASSETT:
This one is a little |\n| 7 | smaller.
We might need to scroll in a |\n| 8 | little bit more, and then we can just |\n| 9 | direct ourselves to particular lines. |\n| 10 | That's good.
Maybe one out. |\n| 11 | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| 19 | BY MR. BASSETT: |\n| 20 | Q.
Ms. Conboy, do you recognize this |\n| 21 | document? |\n| 22 | A.
Yes. |\n| 23 | Q.
Okay. |\n| 24 | A.
Yes. |\n| 25 | Q.
Could you tell me what it is, |\n| | |\n\n\n\n\n\n\n\n| 1 | M. CONBOY |\n|---|-----------|\n| 2 | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 61 of 96\n\n| 1 | M. CONBOY |\n|----|----------------------------------------|\n| 2 | A. |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| 16 | MR. THOMASON:
You know, I have this |\n| 17 | in hard copy.
Can I show it to her? |\n| 18 | A.
Yes. |\n| 19 | MR. BASSETT:
Yeah, of course. |\n| 20 | (Document review.) |\n| 21 | MR. BASSETT: |\n| | |\n| | |\n| | |\n| | |\n| | |\n\n\n\n| 1 | | M. CONBOY |\n|----|----|-----------------------|\n| 2 | | Do you see that. |\n| 3 | A. | Yup, okay so -- yeah. |\n| 4 | Q. | |\n| | | |\n| | | |\n| | | |\n| | | |\n| 9 | | Do you see that? |\n| 10 | A. | Yes. |\n| 11 | Q. | |\n| | | |\n| | | |\n| | | |\n| 15 | A. | Yup. |\n| 16 | Q. | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n\n\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 63 of 96\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 64 of 96\n\n| 1 | M. CONBOY |\n|----|-----------------------------------------------|\n| 2 | A.
Mm-hm. |\n| 3 | Q. |\n| | |\n| | |\n| 6 | A.
Yes. |\n| 7 | MR. MAJOR:
Objection to form. |\n| 8 | BY MR. BASSETT: |\n| 9 | Q.
Okay. |\n| 10 | And now I want to go to the next |\n| 11 | page of this document. |\n| 12 | By the way, Ms. Conboy, does -- what |\n| 13 | we just looked at, does that refresh your |\n| 14 | recollection that the initial purchase of the |\n| 15 | 33 Ferncliff Road property was in August of |\n| 16 | 2019? |\n| 17 | A.
Yes. |\n| 18 | MR. MAJOR:
Objection to form. |\n| 19 | A.
No, actually it was -- let me |\n| 20 | see the dates. |\n| 21 | (Document review.) |\n| 22 | A.
No.
The closing was -- it wasn't |\n| 23 | August 19th.
Oh, August 2019, yes. |\n| 24 | Q.
Thank you. |\n| 25 | |\n| | |\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 65 of 96\n\n| 1 | | M. CONBOY |\n|----|-------|-----------------------------------|\n| 2 | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| 11 | | Do you see that? |\n| 12 | A. | Where is that?
Oh, I see, yup. |\n| 13 | Okay. | |\n| 14 | Q. | Okay. |\n| 15 | | |\n| | | |\n| 18 | A. | Yup. |\n| 19 | Q. | |\n| 21 | | Do you see that? |\n| 22 | A. | Yes. |\n| 23 | Q. | |\n| | | |\n| | | |\n| | | |\n\n\n\n| 1 | | M. CONBOY |\n|----------|----|------------|\n| 2 | | |\n| | | |\n| | | |\n| 7 | Q. | Okay. |\n| 8 | | |\n| | | |\n| | | |\n| 12 | A. | Yes. |\n| 13 | Q. | |\n| | | |\n| | | |\n| | | |\n| | | |\n| 20 | A. | Yes. |\n| 21
22 | Q. | All right. |\n| | | |\n| | | |\n| | | |\n| | | |\n\n\n\n| 1 | M. CONBOY | |\n|----------|-----------------------|--|\n| 2 | | |\n| | | |\n| 5 | Do you see that? | |\n| 6 | A.
Yes. | |\n| 7 | Q. | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| 17 | Do you see that? | |\n| 18
19 | A.
Yes.
Q. | |\n| | | |\n| 21 | A.
I have no idea. | |\n| 22 | Q. | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 68 of 96\n\n| 1 | | M. CONBOY |\n|----|-----------------|------------------------------------------------|\n| 2 | Q. | Okay. |\n| 3 | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| | | |\n| 9 | | MR. MAJOR:
Objection to form. |\n| 10 | BY MR. BASSETT: | |\n| 11 | Q. | I didn't hear your answer.
I'm |\n| 12 | sorry. | |\n| 13 | A. | I don't know. |\n| 14 | Q. | How about did the debtor's son, to |\n| 15 | | your knowledge, have any involvement with that |\n| 16 | transaction? | |\n| 17 | | MR. MAJOR:
Objection to form. |\n| 18 | A. | I don't -- I don't know. |\n| 19 | Q. | You said, again, Mr. Krasner was |\n| 20 | | your point of contact, right? |\n| 21 | A. | Correct. |\n| 22 | Q. | Did Mr. Krasner ever tell you that |\n| 23 | | he needed to get approval from Mr. Kwok's wife |\n| 24 | | prior to making any decisions with respect to |\n| 25 | properties? | |\n| | | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 69 of 96\n\nSeptember 12, 2023\n\n11:12\n\n11:12\n\n11:12\n\n11:12\n\n11:12\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-----------------------------------------------|\n| 2 | MR. MAJOR:
Objection to form.
And |\n| 3 | instruct the witness not to answer on the |\n| 4 | grounds of privilege, to the extent it |\n| 5 | concerned an instruction during the time |\n| 6 | that the witness was representing Greenwich |\n| 7 | Land LLC. |\n| 8 | MR. BASSETT:
Chris, I'm going to |\n| 9 | tell you again, you've waived any |\n| 10 | privilege.
I don't agree that you have the |\n| 11 | privilege. |\n| 12 | And this question in any event, is |\n| 13 | not -- on its face, not calling for any |\n| 14 | attorney-client privileged communications. |\n| 15 | It's a yes-or-no question. |\n| 16 | MR. MAJOR:
Mr. Krasner was an |\n| 17 | officer of Greenwich Land LLC.
You've just |\n| 18 | asked a question about a conversation he |\n| 19 | had with a lawyer representing Greenwich |\n| 20 | Land LLC.
It's a privileged communication, |\n| 21 | and we're instructing the witness not to |\n| 22 | answer on those grounds.
Your argument for |\n| 23 | waiver is wrong. |\n| 24 | We have never waived the privilege. |\n| 25 | In fact, we've asserted the privilege.
We |\n| | |\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 70 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n| 1 | M. CONBOY |\n|----|----------------------------------------------|\n| 2 | were not at the prior deposition.
We were |\n| 3 | not given notice or an invitation to the |\n| 4 | prior deposition. |\n| 5 | And Greenwich Land LLC has never |\n| 6 | authorized the Whitman Breed firm to waive |\n| 7 | the privilege.
It's the client's |\n| 8 | privilege.
It's not the lawyer's |\n| 9 | privilege.
And it certainly isn't your |\n| 10 | privilege as the questioning lawyer.
And |\n| 11 | it doesn't matter if there was a prior |\n| 12 | disclosure that was done without the |\n| 13 | knowledge and consent of the client. |\n| 14 | MR. BASSETT:
All right.
I disagree |\n| 15 | with everything you just said.
You have |\n| 16 | had months of opportunity to raise any |\n| 17 | issue with respect to the allegations in |\n| 18 | our complaint which referred to Ms. |\n| 19 | Conboy's testimony, and with respect to the |\n| 20 | testimony itself. |\n| 21 | I also do not -- did -- the fact |\n| 22 | that I am asking about her conversations |\n| 23 | with an officer of the company does not |\n| 24 | render the answer at all privileged.
I'm |\n| 25 | not asking for her to reveal any advice |\n| | |\n\n800.211.DEPO (3376) EsquireSolutions.com 11:13\n\n11:13\n\n11:13\n\n11:13\n\n11:14\n\nYVer1f\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 71 of 96\n\nSeptember 12, 2023\n\n11:14\n\n11:14\n\n11:14\n\n11:15\n\n11:15\n\nYVer1f\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|------------------------------------------------|\n| 2 | that she gave or any advice that was sought |\n| 3 | from her. |\n| 4 | That's the definition of what it |\n| 5 | requires for a communication to be cloaked |\n| 6 | in the attorney-client privilege. |\n| 7 | The question that I asked, which I |\n| 8 | can have the court reporter read back, |\n| 9 | absolutely did not call for her to divulge |\n| 10 | any privileged communication. |\n| 11 | BY MR. BASSETT: |\n| 12 | Q.
Ms. Conboy, did Mr. Krasner -- I'm |\n| 13 | not asking for advice you gave to Mr. Krasner |\n| 14 | or for anything Mr. Krasner asked you in terms |\n| 15 | of legal advice.
All I'm asking is if |\n| 16 | Mr. Krasner told you, from a business |\n| 17 | perspective, that he needed to get approval |\n| 18 | from Mr. Kwok's wife prior to making decisions |\n| 19 | with respect to properties? |\n| 20 | MR. MAJOR:
Objection to form.
And, |\n| 21 | again, instruct the witness not to answer. |\n| 22 | The -- |\n| 23 | MR. BASSETT:
How is that |\n| 24 | privileged? |\n| 25 | MR. MAJOR:
Because you are asking |\n| | |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 72 of 96\n\nSeptember 12, 2023\n\n11:15\n\n11:15\n\n11:15\n\n11:15\n\n11:29\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 about the -- 3 MR. BASSETT: Where's the request 4 for legal advice, Chris? 5 MR. MAJOR: Let's have the question 6 read back, please, or if you want to re-ask 7 it, whatever is faster. 8 BY MR. BASSETT: 9 Q. Did Mr. Krasner ever tell you, from 10 a business perspective, that he needed to get 11 approval from Mr. Kwok's wife prior to making 12 any decisions with respect to properties? 13 MR. MAJOR: Let me just have a quick 14 minute to think this over. I'll be back in 15 a minute. Hold on. 16 MR. BASSETT: Okay. 17 MR. THOMASON: We're going to take a 18 break. That okay, Nick? 19 MR. BASSETT: Sure. 20 (Recess is taken.) 21 MR. MAJOR: Thank you very much 22 everyone for allowing that break. I want 23 to make sure we're being as judicious as 24 possible with this today, so that's why I 25 wanted to just take a minute to consider it KWOK V. GREENWICH LAND ET AL. 71\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 73 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n1 M. CONBOY and confer with a colleague. 3 And I do think that the question calls for privileged communication. I think the privilege is broader than Mr. Bassett has outlined. It's for communications between lawyer and client relating to the provision of legal advice or the provision of legal services. 10 I think in the context of a real estate transaction, the role that Ms. Conboy played is uniquely legal in nature. The, you know, strictly business discussions, those are happening with the broker. A real estate lawyer involved in a closing on a residential loan like this -- residential sale like this is brought in at the time that legal services are needed, for example, preparation or a contract and so forth. 21 And so I think that the conversations that Ms. Conboy had with the -- an officer of Greenwich Land LLC is privileged, and therefore we're going to assert the privilege to this question. KWOK V. GREENWICH LAND ET AL. 72\n\n> 800.211.DEPO (3376) EsquireSolutions.com\n\n11:29\n\n11:29\n\n11:29\n\n11:30\n\n11:30\n\nYVer1f\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 74 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n| 1 | M. CONBOY |\n|----|----------------------------------------------|\n| 2 | MR. BASSETT:
So thanks for that, |\n| 3 | Chris.
I don't think that is an accurate |\n| 4 | articulation of the law or a correct |\n| 5 | application of it.
The question that I |\n| 6 | asked was simply a question about who at |\n| 7 | the client would approve transactions or |\n| 8 | decisions in connection with transactions. |\n| 9 | That is not privileged. |\n| 10 | Moreover throughout the entire |\n| 11 | deposition today, I have been asking |\n| 12 | Ms. Conboy about her communications with |\n| 13 | Mr. Krasner, including showing those |\n| 14 | communications.
Some of those |\n| 15 | communications have indicated where |\n| 16 | Mr. Krasner was telling her that Mr. Kwok |\n| 17 | was deciding not to purchase a property, |\n| 18 | for example. |\n| 19 | That is absolutely no different than |\n| 20 | what I'm now asking.
There are already -- |\n| 21 | there's already testimony in the record |\n| 22 | about Mr. Kwok making decisions on behalf |\n| 23 | of the client.
All I'm asking is if she |\n| 24 | ever was told that, instead of Mr. Kwok, |\n| 25 | his wife needed to make decisions.
So |\n\n800.211.DEPO (3376) EsquireSolutions.com 11:30\n\n73\n\n11:30\n\n11:31\n\n11:31\n\n11:31\n\nYVer1f\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 75 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n| 1 | M. CONBOY |\n|----|-----------------------------------------------|\n| 2 | that's fair game.
And it's -- the door has |\n| 3 | been opened.
Any privilege you may have |\n| 4 | had has been waived throughout the day |\n| 5 | today. |\n| 6 | If you are going to stand on that |\n| 7 | objection, we'll reserve our rights, take |\n| 8 | it up with the Court, if necessary. |\n| 9 | MR. MAJOR:
We are going to stand on |\n| 10 | the objection.
And just to be clear, you |\n| 11 | know, it's a disingenuous argument to try |\n| 12 | to claim that there's been -- |\n| 13 | MR. BASSETT:
Hey Avi, put your |\n| 14 | phone on mute.
Sorry. |\n| 15 | MR. MAJOR:
-- that there's been a |\n| 16 | waiver today at the deposition because we |\n| 17 | didn't object to you asking questions about |\n| 18 | Mr. Kwok.
We do not represent Mr. Kwok. |\n| 19 | Greenwich Land did not own or transact for |\n| 20 | the properties that you are asking |\n| 21 | questions about.
Here, you are talking |\n| 22 | about a property that Greenwich Land LLC |\n| 23 | was the owner of.
Max Krasner, as you |\n| 24 | know, is an officer of Greenwich Land, and |\n| 25 | he was having communications with Greenwich |\n| | |\n\n800.211.DEPO (3376) EsquireSolutions.com 11:31\n\n74\n\n11:31\n\n11:32\n\n11:32\n\n11:32\n\nYVer1f\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 76 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\nKWOK V. GREENWICH LAND ET AL.\n\n| 1 | M. CONBOY | | | | |\n|----|-------------------------------------------------|--|--|--|--|\n| 2 | Land's lawyer about a transaction involving | | | | |\n| 3 | a property owned by Greenwich Land, and | | | | |\n| 4 | that's why we appropriately objected. | | | | |\n| 5 | MR. BASSETT:
All right.
I'm not | | | | |\n| 6 | asking about any particular transaction, to | | | | |\n| 7 | be clear.
The question was:
In the course | | | | |\n| 8 | of the engagement did Mr. Krasner ever tell | | | | |\n| 9 | you, from a business perspective, he needed | | | | |\n| 10 | to get approval from Mr. Kwok's wife prior | | | | |\n| 11 | to making any decisions with respect to | | | | |\n| 12 | properties?
I wasn't asking about a | | | | |\n| 13 | particular transaction or property. | | | | |\n| 14 | MR. MAJOR:
Yeah, so look, if the | | | | |\n| 15 | witness and her firm are comfortable that | | | | |\n| 16 | they can delineate the representations, and | | | | |\n| 17 | you want to limit your question to a | | | | |\n| 18 | nonGreenwich Land LLC representation, then | | | | |\n| 19 | I don't think we would have an objection. | | | | |\n| 20 | Because we only represent Greenwich Land | | | | |\n| 21 | and Ms. Guo, who is named in the complaint | | | | |\n| 22 | as Hing Chi Ngok, and I don't represent | | | | |\n| 23 | anybody else.
So I can only assert | | | | |\n| 24 | privilege on behalf of those two. | | | | |\n| 25 | And so again, though, the way you've | | | | |\n\n800.211.DEPO (3376) EsquireSolutions.com 11:32\n\n75\n\n11:33\n\n11:33\n\n11:33\n\n11:33\n\nYVer1f\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 77 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n| 1 | M. CONBOY | | | |\n|----|-----------------------------------------------|--|--|--|\n| 2 | asked questions, trying to lump the | | | |\n| 3 | entities together, I've been objecting to | | | |\n| 4 | the form of the question because it's | | | |\n| 5 | improper.
But you are trying to make it | | | |\n| 6 | sound like, you know, Greenwich Land was no | | | |\n| 7 | different than the other entities in your | | | |\n| 8 | questions. | | | |\n| 9 | I don't know, since the witness, you | | | |\n| 10 | know, was previously deposed without our | | | |\n| 11 | involvement, I don't know if the witness is | | | |\n| 12 | able to delineate between the | | | |\n| 13 | representations that you've been grouping | | | |\n| 14 | together -- together.
I don't agree that | | | |\n| 15 | they are grouped together at all, but | | | |\n| 16 | that's the way you've decided to ask your | | | |\n| 17 | questions.
Which I think makes it a little | | | |\n| 18 | thornier when you go to ask a general | | | |\n| 19 | question like this, which is why we're also | | | |\n| 20 | objecting to the form of the question.
But | | | |\n| 21 | that's -- you know, that's just for | | | |\n| 22 | purposes of the record so we can deal with, | | | |\n| 23 | you know, what will be confusing testimony | | | |\n| 24 | later on. | | | |\n| 25 | But as to Greenwich Land, any | | | |\n\n800.211.DEPO (3376) EsquireSolutions.com 11:34\n\n11:34\n\n11:34\n\n11:34\n\n11:34\n\nYVer1f\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 78 of 96\n\nSeptember 12, 2023\n\n11:35\n\n11:35\n\n11:35\n\n11:35\n\n11:35\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY | | | | |\n|----|------------------------------------------------|--|--|--|--|\n| 2 | communications that Ms. Conboy had with an | | | | |\n| 3 | officer of Greenwich Land about the | | | | |\n| 4 | execution of a real estate transaction | | | | |\n| 5 | concerning property owned by Greenwich | | | | |\n| 6 | Land, we are going to stand on our | | | | |\n| 7 | objection. | | | | |\n| 8 | BY MR. BASSETT: | | | | |\n| 9 | Q.
Ms. Conboy, you testified before | | | | |\n| 10 | that you represented Greenwich Land, Golden | | | | |\n| 11 | Spring, and Hudson Diamond New York as part of | | | | |\n| 12 | the same engagement. | | | | |\n| 13 | Do you recall that? | | | | |\n| 14 | MR. MAJOR:
Objection to form. | | | | |\n| 15 | A.
I -- can you say the question again, | | | | |\n| 16 | please. | | | | |\n| 17 | MR. BASSETT:
Could the court | | | | |\n| 18 | reporter read it back, please? | | | | |\n| 19 | (Question was read back as follows: | | | | |\n| 20 | \"QUESTION:
Ms. Conboy, you | | | | |\n| 21 | testified before that you represented | | | | |\n| 22 | Greenwich Land, Golden Spring, and Hudson | | | | |\n| 23 | Diamond New York as part of the same | | | | |\n| 24 | engagement. | | | | |\n| 25 | Do you recall that?\") | | | | |\n| | | | | | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 79 of 96\n\nSeptember 12, 2023\n\n11:36\n\n11:36\n\n11:36\n\n11:36\n\n11:37\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY | | | | |\n|----|-----------------------------------------------|--|--|--|--|\n| 2 | A.
Yes. | | | | |\n| 3 | Q.
Ms. Conboy, in your communications | | | | |\n| 4 | with Mr. Krasner, were you ever delineating | | | | |\n| 5 | between Greenwich Land, Golden Spring, and | | | | |\n| 6 | Hudson Diamond in the course of those | | | | |\n| 7 | communications? | | | | |\n| 8 | MR. MAJOR:
Objection to form.
And | | | | |\n| 9 | I just caution the witness that she not | | | | |\n| 10 | reveal attorney-client privileged | | | | |\n| 11 | communications relating to Greenwich Land, | | | | |\n| 12 | but I think the question can be answered | | | | |\n| 13 | without stepping over that line. | | | | |\n| 14 | MR. THOMASON:
It sounds like a | | | | |\n| 15 | yes-or-no question, correct? | | | | |\n| 16 | MR. BASSETT:
It is a yes-or-no. | | | | |\n| 17 | MR. THOMASON:
I think an answer to | | | | |\n| 18 | that to -- either in the affirmative or the | | | | |\n| 19 | negative wouldn't reveal privileged | | | | |\n| 20 | information; is that right, Chris? | | | | |\n| 21 | MR. MAJOR:
Yes, that was my point. | | | | |\n| 22 | MR. THOMASON:
So if you can answer | | | | |\n| 23 | that question in the affirmative or the | | | | |\n| 24 | negative, you can do that.
If you can't -- | | | | |\n| 25 | you require -- it feels, you know, more -- | | | | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 80 of 96\n\nSeptember 12, 2023\n\n11:37\n\n11:37\n\n11:37\n\n11:37\n\n11:38\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 THE WITNESS: Then -- okay. 3 A. So the question is if I delineated 4 between -- 5 MR. THOMASON: The different 6 entities. 7 A. -- the different entities. And 8 I'm -- I don't -- I'm not understanding what 9 that even means, if I delineated between the 10 different entities. I don't understand the 11 question. 12 Q. Well, when you took intersection 13 from Mr. Krasner and you had conversations with 14 Mr. Krasner, were you ever -- were you always 15 communicating with him as a representative on 16 behalf of all three entities or were you at 17 times drawing distinctions between which entity 18 he was communicating on behalf of? 19 MR. MAJOR: Objection to form. 20 A. I'll -- yes, all three entities. 21 Yes. 22 Q. So when you had communications with 23 him he was, in your mind, communicating on 24 behalf of all three entities? 25 A. Yes. KWOK V. GREENWICH LAND ET AL. 79\n\n\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 81 of 96\n\n| 1 | M. CONBOY |\n|---|--------------------------------------------|\n| 2 | MR. MAJOR:
Objection to form.
And |\n| 3 | also I'd caution the witness not to reveal |\n| 4 | attorney-client privileged communications. |\n| 5 | MR. BASSETT:
All right.
I don't |\n| 6 | think there's any confusion at this point. |\n| 7 | BY MR. BASSETT: |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n\n\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 82 of 96\n\n| 24 | MR. THOMASON:
Is that all for the |\n|----|--------------------------------------|\n| | |\n| 25 | witness? |\n| | |\n| | |\n| | |\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 83 of 96\n\nSeptember 12, 2023\n\n11:40\n\n11:40\n\n11:41\n\n11:41\n\n11:41\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|--------------------------------------------------|\n| 2 | MR. MAJOR:
I'm going to have some |\n| 3 | questions for the witness. |\n| 4 | MR. THOMASON:
That's fine. |\n| 5 | EXAMINATION BY |\n| 6 | MR. MAJOR: |\n| 7 | Q.
Good morning, Ms. Conboy.
My name |\n| 8 | is Chris Major.
My partner Austin Kim is also |\n| 9 | on.
We're representing Greenwich Land LLC and |\n| 10 | Ms. Guo, who is named in the complaint in this |\n| 11 | adversary proceeding as a Hing Chi Ngok. |\n| 12 | And have you had a chance to review |\n| 13 | the complaint in this adversary proceeding? |\n| 14 | A.
No. |\n| 15 | Q.
When was the first time that you |\n| 16 | were contacted by the Chapter 11 trustee in |\n| 17 | this in re Kwok bankruptcy matter? |\n| 18 | A.
It was at least -- I want to say at |\n| 19 | least six months ago.
Maybe more. |\n| 20 | Q.
Do you know the name of the |\n| 21 | Chapter 11 trustee in this bankruptcy case? |\n| 22 | A.
I don't remember. |\n| 23 | Q.
Do you recall who contacted you on |\n| 24 | behalf of the trustee? |\n| 25 | A.
Well, first a client called me.
And |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 84 of 96\n\nSeptember 12, 2023\n\n11:42\n\n11:42\n\n11:42\n\n11:42\n\n11:43\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | then the -- I guess it was the trustee himself, |\n| 3 | the partner. |\n| 4 | Q.
Was it Luc Despins? |\n| 5 | A.
Yes. |\n| 6 | Q.
And he contacted you by phone? |\n| 7 | A.
I think maybe first by e-mail and |\n| 8 | then -- I did talk to him by phone. |\n| 9 | Q.
Did anyone from your firm join you |\n| 10 | when you spoke with Mr. Despins by phone? |\n| 11 | A.
I don't remember. |\n| 12 | Q.
And what did Mr. Despins say to you |\n| 13 | during that phone call? |\n| 14 | A.
Initially, he was asking if it's -- |\n| 15 | about sending the binder for -- for 373 |\n| 16 | Taconic.
It was initially regarding the |\n| 17 | Taconic -- and I represented the seller, so we |\n| 18 | had to get waivers and that was the initial |\n| 19 | discussion. |\n| 20 | Q.
Okay. |\n| 21 | And did you deliver the file for 373 |\n| 22 | Taconic to Mr. Despins? |\n| 23 | A.
I believe what happened was my |\n| 24 | client, who was the seller, was friends with |\n| 25 | the attorney, the trustee.
And he sent them |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 85 of 96\n\nSeptember 12, 2023\n\n11:43\n\n11:43\n\n11:44\n\n11:44\n\n11:44\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | the documents.
I didn't send them. |\n| 3 | Q.
Do you recall the name of your |\n| 4 | client on that transaction? |\n| 5 | A.
Augustine, Mr. Augustine. |\n| 6 | Q.
Did you deliver any documents to |\n| 7 | Mr. Despins or any of his colleagues at Paul |\n| 8 | Hastings? |\n| 9 | A.
I don't remember.
I don't know. |\n| 10 | Then our litigators took over.
Or Jim Riley, |\n| 11 | Michael, they took over.
So I didn't have -- |\n| 12 | after that -- after Mr. Augustine sending the |\n| 13 | documents, then I had no other contact with |\n| 14 | them. |\n| 15 | Q.
Okay. |\n| 16 | Did you have any further |\n| 17 | conversations with Mr. Despins after that |\n| 18 | initial phone call? |\n| 19 | A.
I don't remember. |\n| 20 | Q.
Do you still have the e-mail that |\n| 21 | you received from Mr. Despins? |\n| 22 | A.
I don't know. |\n| 23 | Q.
Did you have further e-mail |\n| 24 | communications with Mr. Despins after the |\n| 25 | initial phone call that you had? |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 86 of 96\n\nSeptember 12, 2023\n\n11:44\n\n11:44\n\n11:45\n\n11:45\n\n11:45\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | A.
I don't remember. |\n| 3 | Q.
Did you have communications with any |\n| 4 | other lawyers at Paul Hastings in connection |\n| 5 | with this bankruptcy, other than Mr. Despins? |\n| 6 | A.
I don't remember. |\n| 7 | Q.
Have you ever spoken with |\n| 8 | Mr. Bassett before today? |\n| 9 | A.
No. |\n| 10 | Q.
Other than your deposition in -- |\n| 11 | under Rule 2004, which has been -- some of the |\n| 12 | pages have been shown today, have you had any |\n| 13 | conversations with Avi Luft of Paul Hastings? |\n| 14 | A.
No, not since that deposition.
I |\n| 15 | only had the deposition. |\n| 16 | Q.
What did you tell Mr. Despins on the |\n| 17 | phone call when he asked for the closing file? |\n| 18 | MR. BASSETT:
Objection to form. |\n| 19 | A.
That I had to check with my client |\n| 20 | and see if he was agreeable, if -- I would have |\n| 21 | to get his consent. |\n| 22 | Q.
And going back to the Ferncliff Road |\n| 23 | property, do you know whether your firm |\n| 24 | provided any documents relating to that |\n| 25 | property to the trustee or any of the lawyers |\n| | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 87 of 96\n\nSeptember 12, 2023\n\n11:46\n\n11:46\n\n11:47\n\n11:47\n\n11:48\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-------------------------------------------------|\n| 2 | representing the trustee at -- whether it would |\n| 3 | be at his law firm or a law firm in Connecticut |\n| 4 | called Neubert, Pepe & Monteith? |\n| 5 | A.
I don't know. |\n| 6 | Q.
Did you -- withdrawn. |\n| 7 | Have you ever spoken to the person |\n| 8 | who Mr. Bassett was referring to as Mr. Kwok? |\n| 9 | A.
No. |\n| 10 | Q.
Have you ever met him? |\n| 11 | A.
No. |\n| 12 | Q.
In connection with the 373 Taconic |\n| 13 | Road property transaction, did you do any |\n| 14 | diligence as to the source of funds that were |\n| 15 | used to purchase in that instance your client's |\n| 16 | former -- now former home at 373 Taconic Road? |\n| 17 | A.
No. |\n| 18 | MR. BASSETT:
Objection. |\n| 19 | BY MR. MAJOR: |\n| 20 | Q.
Do you know who the member of |\n| 21 | Greenwich Land LLC is, or members? |\n| 22 | A.
No. |\n| 23 | Q.
Do you know the source of funds that |\n| 24 | were used to purchase your client's now former |\n| 25 | home at 373 Taconic Road? |\n\n\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 88 of 96\n\nSeptember 12, 2023\n\n11:48\n\n11:49\n\n11:49\n\n11:49\n\n11:50\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY | |\n|----|-------------------------------------------------|--|\n| 2 | MR. BASSETT:
Object to form. | |\n| 3 | A.
No. | |\n| 4 | Q.
Do you know who lives in the house | |\n| 5 | at 373 Taconic Road in Greenwich, Connecticut? | |\n| 6 | A.
No. | |\n| 7 | Q.
I'm limiting this question to 373 | |\n| 8 | Taconic Road in Greenwich, Connecticut, where | |\n| 9 | you represented the seller. | |\n| 10 | Were you ever a witness to any | |\n| 11 | deliberations by the purchaser about acquiring | |\n| 12 | that property? | |\n| 13 | MR. BASSETT:
Objection to form. | |\n| 14 | A.
No. | |\n| 15 | Q.
Do you recall the name of the buyer | |\n| 16 | of the property at 373 Taconic Road? | |\n| 17 | A.
I don't remember.
I don't remember. | |\n| 18 | Q.
Do you remember the purchase price? | |\n| 19 | A.
I don't remember. | |\n| 20 | Q.
You said that your client was | |\n| 21 | friends with Mr. Despins. | |\n| 22 | How did you learn that? | |\n| 23 | A.
My client e-mailed me and -- my | |\n| 24 | client e-mailed me and said that he had -- | |\n| 25 | Mr. Despins had called my client, and my client | |\n| | | |\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 89 of 96\n\nSeptember 12, 2023\n\n11:50\n\n11:50\n\n12:05\n\n12:05\n\n12:06\n\nYVer1f\n\n800.211.DEPO (3376) EsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n1 M. CONBOY 2 said they were good friends. 3 MR. MAJOR: Why don't we go off the 4 record for a couple minutes. I just want 5 to confer with a colleague and check some 6 notes and then hopefully we can come back, 7 and I'll have a few more questions and then 8 I'll wrap up. 9 MR. BASSETT: Okay. 10 (Recess is taken.) 11 MR. MAJOR: Thank you, Ms. Conboy, 12 and Counsel for giving me a few minutes. I 13 just have a very few questions left. 14 BY MR. MAJOR: 15 Q. Mr. Bassett and his colleague 16 post -- published over this Zoom an e-mail 17 which referred to a Chinese billionaire. 18 Did you ever meet or speak with the 19 Chinese billionaire? 20 A. No. 21 Q. Did that Chinese billionaire ever 22 sign an engagement letter with your firm? 23 A. No. 24 Q. Did Mr. Kwok ever sign an engagement 25 letter with your firm? KWOK V. GREENWICH LAND ET AL. 88\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 90 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n1 M. CONBOY 2 MR. BASSETT: Objection. Form. 3 A. The entities -- I have my engagement 4 letters are with the entities. 5 Q. My question is just whether Mr. Kwok 6 was ever a signatory on an engagement letter 7 with your firm? 8 A. No. 9 MR. MAJOR: We have no further 10 questions at this time. 11 MR. BASSETT: And I have no 12 follow-up. 13 THE COURT REPORTER: Anything else? 14 MR. THOMASON: No. 15 THE COURT REPORTER: Thank you. 16 Chris, do you need a rough draft of 17 the transcript and/or a copy? 18 MR. MAJOR: I'd like a copy, but we 19 don't need a rough draft. And if we could 20 have a mini as well. 21 MR. THOMASON: Are you going to have 22 her read and sign? I was thinking. Do you 23 feel like you need the opportunity to 24 review the transcript to check for 25 everything or do you feel confident? KWOK V. GREENWICH LAND ET AL. 89\n\n> 800.211.DEPO (3376) EsquireSolutions.com\n\n12:06\n\n12:06\n\n12:07\n\nYVer1f\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 91 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\n| 1 | M. CONBOY |\n|----|----------------------------------------------|\n| 2 | THE WITNESS:
No. |\n| 3 | MR. THOMASON:
So no, I would |\n| 4 | appreciate a courtesy copy that I don't |\n| 5 | have to pay for.
If that's not possible |\n| 6 | then, you know, I don't need a copy. |\n| 7 | MR. BASSETT:
I believe -- so, I'm |\n| 8 | just trying to think of -- what's standard |\n| 9 | delivery, again? |\n| 10 | THE COURT REPORTER:
It is eight |\n| 11 | business days, but if you need it sooner, |\n| 12 | I'm happy to do that for you.
And you |\n| 13 | never said if you wanted a rough draft or |\n| 14 | not. |\n| 15 | MR. BASSETT:
I don't think we need |\n| 16 | it.
If we -- if somebody on my team tells |\n| 17 | me that I made the wrong decision, I will |\n| 18 | e-mail you. |\n| 19 | (Continued on the following page to |\n| 20 | include jurat.) |\n| 21 | |\n| 22 | |\n| 23 | |\n| 24 | |\n| 25 | |\n| | |\n| | |\n\n·\n\nEsquireSolutions.com\n\nYVer1f\n\n12:07\n\n12:08\n\n12:08\n\n# Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 92 of 96\n\nSeptember 12, 2023\n\n12:08\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential\n\n| 1 | M. CONBOY |\n|----|-----------------------------------------|\n| 2 | THE COURT REPORTER:
Okay.
Thank |\n| 3 | you. |\n| 4 | MR. BASSETT:
Thank you very much, |\n| 5 | Ms. Conboy.
I appreciate it. |\n| 6 | THE WITNESS:
Thank you. |\n| 7 | (Time Noted:
12:08 p.m.) |\n| 8 | |\n| 9 | |\n| 10 | --------------------- |\n| 11 | MARGARET CONBOY |\n| 12 | |\n| 13 | Subscribed and sworn to before me |\n| 14 | this
day of
2023. |\n| 15 | |\n| 16 | --------------------------------------- |\n| 17 | |\n| 18 | |\n| 19 | |\n| 20 | |\n| 21 | |\n| 22 | |\n| 23 | |\n| 24 | |\n| 25 | |\n| | |\n\n### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 93 of 96\n\nSeptember 12, 2023\n\n92\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential KWOK V. GREENWICH LAND ET AL.\n\n| 1 | | |\n|----|---------------------------------------------|--|\n| 2 | C E R T I F I C A T E | |\n| 3 | STATE OF NEW YORK
) | |\n| 4 | ) ss.: | |\n| 5 | COUNTY OF NEW YORK
) | |\n| 6 | | |\n| 7 | I, LISA M. MURACO, a Notary Public | |\n| 8 | within and for the State of New York, | |\n| 9 | Florida, and Massachusetts, do hereby | |\n| 10 | certify: | |\n| 11 | That MARGARET CONBOY, the witness | |\n| 12 | whose deposition is hereinbefore set forth, | |\n| 13 | was duly sworn by me and that such | |\n| 14 | deposition is a true record of the | |\n| 15 | testimony given by such witness. | |\n| 16 | I further certify that I am not | |\n| 17 | related to any of the parties to this | |\n| 18 | action by blood or marriage; and that I am | |\n| 19 | in no way interested in the outcome of this | |\n| 20 | matter. | |\n| 21 | IN WITNESS WHEREOF, I have hereunto | |\n| 22 | set my hand this 13th day of September, | |\n| 23 | 2023. | |\n| 24 | ------------------------- | |\n| 25 | LISA M. MURACO | |\n| | | |\n| | | |\n\nCase 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 94 of 96\n\n| 1 | | |\n|----|--------------------------------------|------|\n| 2 | I N D E X | |\n| 3 | | |\n| 4 | WITNESS | PAGE |\n| 5 | MARGARET CONBOY | |\n| 6 | MR. BASSETT | 6 |\n| 7 | MR. MAJOR | 82 |\n| 8 | | |\n| 9 | E X H I B I T S | |\n| 10 | DESCRIPTION | PAGE |\n| 11 | Conboy Exhibit 1, Conboy Deposition | 15 |\n| | Transcript from February 21, 2023 | |\n| 12 | | |\n| 13 | | |\n| | Conboy Exhibit 2, | |\n| | | |\n| 15 | | |\n| 16 | Conboy Exhibit 3, | |\n| | | |\n| | | |\n| 18 | | |\n| 19 | Conboy Exhibit 4, October 3rd, 2019, | 32 |\n| | E-mail Bates labeled WBAM_010076 | |\n| 20 | | |\n| 21 | | |\n| | Conboy Exhibit 5, January 22, 2019, | 36 |\n| 22 | E-mail Bates labeled WBAM_0002663 | |\n| 23 | | |\n| 24 | Conboy Exhibit 6, January 6, 2019, | 38 |\n| | E-mail, Bates Stamped WBAM_002803 | |\n| 25 | | |\n| | | |\n\n\n\n#### Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 95 of 96 MARGARET CONBOY· Confidential September 12, 2023\n\nKWOK V. GREENWICH LAND ET AL.\n\n1 2 I N D E X O F E X H I B I T S(Cont'd.) 3 DESCRIPTION PAGE 4 Conboy Exhibit 7, July 12, 2019, E-mail 43 Chain Bates Labeled WBAM\\_003873 5 6 Conboy Exhibit 8, December 15, 2020, 50 7 E-mail Bates Stamped WBAM\\_0038336 8 9 Conboy Exhibit 9, Whitman Breed Trustee 57 Ledger, Bates Labeled WBAM\\_00002 10 11 12 QUESTIONS INSTRUCTED NOT TO ANSWER 13 Page Line 14 68 2 68 21 15 70 20 80 25 16 17 18 19 20 21 22 23 24 25 800.211.DEPO (3376)\n\nEsquireSolutions.com\n\n94\n\n\n\n## Case 22-50073 Doc 2292-45 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 96 of 96\n\nSeptember 12, 2023\n\nEsquireSolutions.com\n\nMARGARET CONBOY· Confidential KWOK V. GREENWICH LAND ET AL.\n\n| ERRATA SHEET FOR THE TRANSCRIPT OF: | | | | |\n|--------------------------------------------------------|------------------------------------------------------|--|--|--|\n| 3
Case Name:
KWOK v GREENWICH LAND, et al. | | | | |\n| Dep. Date: | TUESDAY, SEPTEMBER 12, 2023 | | | |\n| Deponent: | MARGARET CONBOY | | | |\n| | CORRECTIONS: | | | |\n| Pg. Ln.
Now Reads | Should Read
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______ | | | |\n| | | | | |\n| | ____________________ | | | |\n| | Signature of Deponent | | | |\n| SUBSCRIBED AND SWORN BEFORE ME | | | | |\n| THIS____DAY OF____________, 2023. | | | | |\n| | | | | |\n| _______________________________ | | | | |\n| (Notary Public)
MY COMMISSION EXPIRES:_______ | | | | |\n\n","body_zh":null,"key_entities":["Kwok","Je","Despins","Ho Wan Kwok","Paul Hastings","CIPA","Guo","Luc Despins"],"ecf_references":[],"word_count":19371,"status":"published","published_at":"2023-10-26 00:00:00","created_at":"2023-10-26","updated_at":"2026-07-07 08:02:06"}