{"id":"court_ctb_440_15","court":"CTB","case_no":"22-50073","doc_number":440,"sub_number":15,"doc_type":"EXHIBIT","filed_date":"2022-05-25","title":"EXHIBIT PAX 17 April 26, 2019 Hearing Transcript, *PAX v. Kwok*, Index. No. 652077/2017 (N.Y. Sup. Ct.), Dkt. 331","summary_zh":null,"summary_en":null,"body_en":"# **EXHIBIT PAX 17**\n\nApril 26, 2019 Hearing Transcript, *PAX v. Kwok*, Index. No. 652077/2017 (N.Y. Sup. Ct.), Dkt. 331\n\n| 22-50073 | | | | |\n|----------|-----|----------------------------|----|--|\n| IN RE: | | Ho Wan Kwok | | |\n| | | | | |\n| | PAX | | 17 | |\n| | | | | |\n| | | 5/25/2022 Admitted in Full | | |\n| | | P.E. | | |\n| | | | | |\n| | | | | |\n\n1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - CIVIL TERM - PART: 61 2 -------------------------------------------------------x PACIFIC ALLIANCE ASIA, 3 Plaintiff, 4 -against-5 HO WAN KWOK, 6 Defendant. 7 --------------------------------------------~----------X Index No. 652077-2017 60 Centre Street 8 New York, New York April 26, 2019 9 10 B E FOR E: 11 HONORABLE BARRY R. OSTRAGER, Justice 12 13 APPEARANCES: 14 O'MELVENY & MYERS LLP Attorneys for the Plaintiff 15 7 Times Square New York, New York 10036 16 BY: EDWARD MOSS, ESQ. STUART SARNOFF, ESQ.' 17 GARO HOPLAMAZIAN, ESQ. 18 HODGSON RUSS Attorneys for the Defendant 19 605 Third Avenue, Suite 2300 New York, New York 10158 20 BY: JILLIAN MARIE SEARLES, ESQ. MARK A. HARMON, ESQ. 21 22 23 1 24 25 Lisa A. Casey Offic~al Court Reporter I NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 2 of 126\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 3 of 126\n\n### **Proceedings**\n\n-------,-----------\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: This is index number 652071 of 2017 in the matter of ~acific Alliance Asia versus Ho Wan Kwok. Counsel, please note your appearances for the record. THE COURT: Okay. I was previously to~d that you needed an hour to set up this morning, but hlpPilY it only took you no time to set up, so let's probeed. MR. MOSS: Yes, your Honor. Thank you. Good morning. THE CLERK: please note your appearances, counsel. MR. MOSS: Good morning, your Honor. ['m Edward Moss from O'Melveny, for the plaintiff. MR. SARNOFF: Stuart Sarnoff from O'Me~veny for the plaintiff. MR. HOPLAMAZIAN: Garo Hoplamazian from O'Melveny for the plaintiff. MS. SEARLES: Jillian Searles, Hodgson Russ, for the defendant. MR. HARMON: Gdod morning, your Honor. Mark Harmon, Hodgson Russ. THE COURT: Welcome. MR. MOSS: Thank you, your Honor. Gooa morning. I know that the attachment issues have been Lisa A. Casey - Official Court Reporter\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 4 of 126\n\n### **Proceedings**\n\n-- - -\\_.\\_-----------------,----------\n\n3\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fully briefed several times, and I know your Honfr is familiar, so I'm going to move through my remarks quickly. THE COURT: Let's put, on the record, everything that the parties have stipulated to, and identify the issues to be tried this morning, on the record. MR. MOSS: Sure. And that's actually in my opening remarks, your Honor. THE COURT: All right. MR. MOSS: But I will start with that. (Whereupon, an exhibit was displayed to the Court. ) MR. MOSS: Your Honor, I was going to start by rev~ew~ng \" wh'at we are try~ng ,. tod*ay,* and a1so prov~I'de a short overview of the four witnesses you will heir from. The first issue is the attachment standard, 6201f2). The parties have stipulated to the first three elements: Cause of action; probability of success; and tha~ the amount demanded from 'the defendant exceeds all klown counterclaims, so we are here -- the first issue here we are from, the attachment issue, is whether or nott there's a grounds for attachment under 6201(3), lnd under 6201(3), that requires us to establish thaJ Mr. Kwok was acting with the intent to defraud cJeditors I\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 5 of 126\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n#### **Proceedings**\n\n4\n\nor frustrate a potential judgment in this case in his various attempts to put the apartment out of our reach, and there have been many of those.\n\nThe following slide, this has support our evidence for why we meet the the cases that I legal standard on intent. I thought it would be useful for you to have this handy, but I'm not going to waste time on it.\n\nThis has our evidence, and the evidencl that we will prove today. This is the evidence that Le featured in our briefing, and we'll prove it. I won't go through it now, but I thought it would be helpful to have it issue by issue, in addition to witness b~ witness. I will go through it witness by witnesk.\n\n16 17 18 19 The second ~ssue , we are here to prove asI\" ve~l I piercing. Veil piercing has two elements. Complete I domination and control, and abuse of the corporate form. I don't think there's a serious dispute about thl first one; and the second one, the intent problem will be the focus of our proof today.\n\n20 21 22 Here are the cases that support why our ev~'dence meets the standar.d Aga~n,' th'\"~s ~sJust I for your reference, your Honor, so that you have the~.\n\n23 24 25 I just want to pause on one thing on t~e two standards, the veil piercing standard and the atJachment d d ' h \" 1 stan ar. Ne~t er requ~res us to prove fraud. For the I\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 6 of 126\n\n#### **Proceedings**\n\n5\n\nMr. Kwok's translator and assistant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first, intent to frustrate a judgment is SUffiCijnt. For the second, the cases say inequity, malfeasance or wrongdoing as to our client is enough. To be clear, your Honor, we are going to prove fraud today. My point is that it's not required for us to do that. This is the veil piercing evidence, same veil piercing evidence we talked about in our brief. It's the veil piercing evidence that we are going to prove up today, and now I'm going to tell you about the fbur witnesses, briefly, and what they are going to tlstifY to today. Ms. Wang will be the first. Ms. Wang is Her testimLny will I demonstrate that in an effort to avoid the attachment, . I Mr. Kwok has gone so far as to suborn perJury. Ms. Want submitted an affidavit. It is Mr. Kwok's princi1al evidence opposing our prior attachment motion. ~hat's . I what he relied on, and she swore to facts about which she had absolutely no knowledge. Zero knowledge. We'll prove that today. Ms. Wang, will also confirm that Mr. Kwok was not telling the truth about two key issues. Number one, his pledges of the apartment, and remember I ' encumbrance is part of the standard under the CPLR. I Number two, the efforts to sell. I'm sure Mr. Harmon is I\n\n#### **Proceedings**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n1\n\n2\n\n3\n\n4\n\ngoing to say what could be more public in the w~ole .world; right? You put this expensive apartment rn the market. Well, if he did, then why is he denying the fact that he received an offer in counter?\n\n5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 Next up is Mr. Ullman. Mr. Ullman is the' Sherry-Netherland Executive vice President and cia' He will testify that during the approval process, M~. Kwok showed the Sherry-Netherland no assets in the u.l. and no assets in his own name. That's never happene6 at the 11' .f h' . I hotel. Mr. U man w~ll also test~ y t at us~ng rwo LLC's, a foreign LLC on top of a'New York LLC, tr buy an apartment in that building, which is exactly whar Mr. Kwok said he did, has never happened before it the hotel either, and because of this, Mr. Ullman wiQl explain that the. Sherry-Netherland put in unprecldented safeguards, like the biggest security deposit evlr, because they were very concerned, based on the structure, that if Mr. Kwok defaulted on his monthly obligations, they would have to chase him across the globe, and he was showing no assets.\n\n21 22 23 24 25 We respectfully submit that we are similarly situated. We are going to get a judgment here, lnd we need similar safeguards attached for the same relsons. I Mr. Ullman will also testify that Mr. Kwok tried to assign, transfer, the apartment to a trLst in I\n\nLisa A. Casey - Official Court Reporter\n\n6\n\n2\n\n3\n\n4\n\n5\n\n#### **Proceedings**\n\n7\n\nhis son's name. Mr. Kwok denies having any memory of I that. Secrecy and asset transfer is something that helps us meet the standard. Since Mr. Kwok denibs it, we have Mr. Ullman here to talk about it, and thlre's documentary evidence.\n\n6 7 8 9 10 11 12 13 14 15 Finally, Mr. Ullman will also testify about misrepresentations that Mr. Kwok and his represehtatives made to the Sherry-Netherland about the pledges. They represented to you that the apartment was pledgea. They had a big problem, because that breached their lbase . I agreement with the Sherry-Netherland, so when the Sherry-Netherland saw their papers and said, Heyl you pledged the apartment they said, No, no. We nevlr told , h b ' d,l Just~ce Ostrager t at. You must e m~srea ~ng our papers. False. We'll prove it.\n\n16 Mr. Horvitz is next. Mr. Horvitz will testify 17 18 briefly by video. board president. He's the Sherry-Netherland CE0 and He lives in Cleveland. We depised him 19 20 21 22 23 24 25 there two weeks ago. He reviewed the financial information that Mr. Kwok provided to the Sherry-Netherland to induce the hotel to approve his application, and Mr. Horvitz relied on that financial information in recommending the board approval. That information included financials of two companies Mr. Kwok said he owned.\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 9 of\n\n#### **Proceedings**\n\n------------------------.---------\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 As you will see, your Honor, we showed Mr. Horvitz Mr. Kwok's deposition testimony, just the publicly available excerpts, where Mr. Kwok denibd having any ownership interests in those entities that he told the Sherry-Netherland he owned. His testimony directly contradicted what he told the Sherry-Netherland, and as the person to whom the misrepresentations were made, Mr. Horvitz will tell you h k h b . . I t at Mr. Kwo must ave een m~srepresent~ng to someone. He either lied at his deposition, or he defraude~ the Sherry-Netherland. There is no third option. Ahd Mr. Horvitz, your Honor, not I, actually used thl word defrauded.\n\n14 15 Finally, Mr. Kwok dominates we'll have Mr. Kwok. We'll show that and controls the Genever entihies. 16 17 18 19 20 21 22 23 24 25 We'll show that he made repeated and significant misrepresentations to the Court in an effort to defeat the attachment motion; we'll show that he made mlterial misrepresentations to the Sherry-Netherland to ihduce it I to allow him to purchase; and we'll show that the money for the apartment may well have come from the shill company that is responsible for paying the debt ~o our client, that Mr. Kwok unconditionally guaranteedl It certainly didn't come from Genever, which was thi supposed purchaser. Importantly, your Honor, we are\n\nLisa A. Casey - Official Court Reporter\n\n8\n\n### **Proceedings**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n----------------------,---------\n\ngoing to demonstrate that Mr. Kwok will not and cannot pay a judgment in this case without an attachmenl.\n\n1\n\n2\n\n3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Now, we have teed up a few short clips for the opening, about seven minutes in total, of testimony that I would like to play from Mr. Kwok's deposition, which we.'re entitled to do under CPLR 3117 (a) (2): \"The deposition testimony of a party may be used for lny purpose by any party who was adversely interestek when h 0 '\" Tho 0 0 t l t e test~mony was g~ven. ~s ~s ~mportant tes ~mony, . your Honor, with an important purpose: Mr. Kwok will be here later -- he is here now -- and he will be on his best behavior in the public courtroom, but that' slnot what happened at the deposition. Your Honor, Mrl Kwok was evasive, he made a mockery of the proCeedingl and we I prepared the video, and we are entitled to show it so that the Court can see what we are really dealin~ with here.\n\n18 19 20 21 22 23 New York caselaw makes clear that evasiveness and misrepresenta~ions throughout Court proceedibgs is a I factor the court can consider, and after seeing this, I think the Court will agree that it's hard to ima~ine I stronger, more direct and significant evidence of evasiveness.\n\n24 25 Mr. Kwok has filed 17 or so lawsuits since he's been in this country. He knows exactly how the\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 11 of 126\n\n### **Proceedings**\n\n10\n\n| 1 | legal
process
works,
and
he
cooperates
when
he
is
the |\n|----|-------------------------------------------------------------------------------------------------------|\n| 2 | plaintiff,
but
you
need
to
see
what
he
does
whei
we
are |\n| 3 | asking
him
questions
and
he
is
the
defendant.
We'll |\n| 4 | play
the
clips. |\n| 5 | This
is
the
first
clip.
I
asked
Mr.
Kwok
-- |\n| 6 | he
told
me
he
didn't
communicate
by
email,
so
I
laid, |\n| 7 | did
you
search
text
messages
to
try
to
respond
tL
our |\n| 8 | request
in
this
case?
And
this
is
how
he
answerld
me. |\n| 9 | (Video
tape
played.) |\n| 10 | MR.
MOSS:
I
also
tried
to
ask
Mr.
Kwok
some |\n| 11 | basic
questions.
There
were
significant
scoping |\n| 12 | objections,
and
they
wouldn't
let
me
ask
any
questions |\n| 13 | about
the
merits,
and
so
I
was
trying
to
understlnd
that |\n| 14 | he
understood
we
were
here
to
talk
about
the
attlchment |\n| 15 | I
issues,
and
here
is
what
happened
when
I
asked
that |\n| 16 | question. |\n| 17 | (Video
tape
played.\") |\n| 18 | MR.
MOSS:
One
of
the
topics
they
did
!let
me |\n| 19 | I
ask
about
was
the
Genever
entities,
the
two
shel!l. |\n| 20 | entities
that
Kwok
set
up
to
buy
the
apartment.
He
owns |\n| 21 | and
controls
those
two
entities,
and
he
was
also
the |\n| 22 | corporate
representative
for
both,
so
if
for
some
reason
\"
I |\n| 23 | he
didn't
know
anything
about
the
entities
that
he |\n| 24 | himself
set
up
--
which
of
course
he
did,
becausl
they |\n| 25 | I
are
him,
he
is
they
--
he
had
a
duty
to
educate
himself
I |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 12 of 126\n\n1\n\n2\n\n3\n\n19\n\n### **Proceedings**\n\nabout that, and here is what happened when I asked him simple questions on those topics.\n\n(Video tape played.)\n\n4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 MR. MOSS: Your Honor, we talked brief[y, in our briefs -- excuse me, we talked extensively ib our briefs about counsel's instructions. to Mr. Kwok fO not answer questions at the deposition that were plaQnly relevant. The standard is whether he intends to frustrate the judgment. I asked him, will you pay if Court orders a judgment, and they instructed him not to answer that question. There was no agreement to not answer questions like that. It was completely inappropriate. It's terrible for them. They fought me to not play it for you today, so I'm not going tl play it, to avoid the fight, but I think you do need bo see that there were many times during the deposition where Mr. Kwok just refused to answer on his own without, even, an instruction, inappropriate or not.\n\n(Video tape played.)\n\n20 21 22 23 24 25 MR. MOSS: Finally, your Honor, the last one, I on the prior attachment motion we quoted a YouTube d ' , d' l' I au 10. It was Just an au 10 c 1p on YouTube that had a , \" ,I capt10n saY1ng 1t was Mr. Kwok's V01ce, and Mr. Kwok I supposedly was instructing his associates to seli certain assets quickly and quietly. They killed us in\n\nLisa A. Casey - Official Court Reporter\n\n11\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 13 of 126\n\n### **Proceedings**\n\n| 12 |\n|----|\n\n| 1 | their
opposition
papers.
They
took
to
us
to
task.
They |\n|----|----------------------------------------------------------------------------------------|\n| 2 | Mr.
KwbklS
said
PAX
doesn't
even
know
whether
that's |\n| 3 | voice.
They
don't
know
whether
or
not
this
is |\n| 4 | authentic.
So
I
thought
maybe
in
his
deposition,
I |\n| 5 | would
ask
him.
I
played
the
audio
and
asked
him,
Hey, |\n| 6 | is
that
you?
Since
they
disputed
authenticity,
[ |\n| 7 | thought
it
was
a
pretty
fair
question.
And
here
is
what |\n| 8 | happened
then. |\n| 9 | (Video
tape
played.) |\n| 10 | MR.
MOSS:
Thank
you,
your
Honor.
We
iook |\n| 11 | forward
to
putting
our
case
on
today. |\n| 12 | MR.
HARMON:
Good
morning,
your
Honor. |\n| 13 | So
the.first
question
that
you
asked
was
what |\n| 14 | we
agreed
to,
what
we
stipulated
to,
and
just
to
be |\n| 15 | clear,
we
did
stipulate
that
for
the
purposes
of
this |\n| 16 | motion,
that
the
defendants
do
not
have
to
prove
that |\n| 17 | they're
likely
to
succeed
on
the
merits.
We
have
also |\n| 18 | stipulated
on
a
number
of
exhibits
that
have
beeh |\n| 19 | presented
in
a
book
to
you.
There
are
some
we
hive |\n| 20 | I
objections,
but
there
are
a
passel
of
exhibits
tfat
we |\n| 21 | have
stipulated
are
authentic
and
relevant
and
should
be |\n| 22 | I
admitted
into
evidence
We
have
stipulated
as
to |\n| 23 | various
transcripts
and
portions
of
transcripts,
and
of |\n| 24 | course
we
also
have
disagreement
about
the
trans€ript |\n| 25 | readings
and
the
exhibits,
which
we
can
get
to
dlring
I |\n\n### **Proceedings**\n\n1 the hearing.\n\n5\n\n6\n\n7\n\n8\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n2 But your Honor, I don't have a multi-media 3 presentation. I haven't diced the transcript or the 4 testimony of the depositions in order to provide you clips that sound good. We have presented to you~ Honor the transcripts; their designated readings, our bross , I, designations, for completeness, and I would ask fhat your Honor, after the hearing today, read those [or the 9 full context. I think one of the prime examples is the last clip that you saw, where they say that Mr. Kwok put his fingers in his ears and refused to talk aboub it, to answer the question, but if you read the whole akswer what he is saying is, I challenge it toauthentibity. This is not real. Tell me. Show me that this ib my , , I voice. I don't believe it. Don't play me somebody I else's voice. So that's really all that I have to say 17 about that.\n\n18 I have read with care, I believe, your Honor's 19 20 21 admonitions, expressions of what evidence you want to hear at hearing. This the third time that we arl before your Honor on the attachment motion, and I hope !hat the the evidence that they have 1n. t h'e1r two mot10ns; . t,.at 1 at today, we are going to ~ear some point, at some time already submitted to you today's presentation by plaintiffs will not just ,be a regurgitation of all of 22 24 23 25\n\nLisa A. Casey - Official Court Reporter\n\nI\n\n13\n\n#### **Proceedings**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n11\n\n12\n\n13\n\n14\n\nanswers to the questions that you have raised abrut Mr. Kwok's intent in purchasing the apartment, and efforts to sell the apartment, why that's happening, and why that's no longer happening.\n\nThe plaintiff's asked us if we would agree to accept a subpoena from Mr. Kwok to be here. today, and we said that isn't necessary. We will have Mr Kwok here ans 'wer alny , and Mr. Kwok will appear voluntarily and questions you have from the witness stand that wl don't object to and which you don't sustain, and you cln hear I from Mr. Kwok exactly why he bought the apartment and what he has done with the apartment, and your Hohor, if the plaintiffs don't ask Mr. Kwok those questionb, I will.\n\n15 16 17 18 19 20 21 22 23 24 Mr. Kwok is not an American Citizen. Mr. Kwok did not grow up in the United States. Mr. Kwok krew up in China, in Hong Kong. He is here seeking aSYlhm from the Chinese Government. He has been the SUbject[ he and his family, his extended family in China, have blen the subject of extensive efforts by the Chinese commtnist , '1 h I Government to )a1 t em, abuse them, challenge them, because the communist government does not like wlat Mr. Kwok has to say about corruption and freedom in China.\n\n25 We have a language barrier here. Mr. Kwok\n\nI\n\n### **Proceedings**\n\n126\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n15\n\ndoes not read English, and one the exhibits that has been submitted to you on consent is the contract of sale to purchase the apartment in the Sherry-Netherland. I . It's in English. It's not signed by Mr. Kwok, because I . he can't read English. He doesn't understand, or didn't . I understand, coming to this country, the concept of cooperative ownership, and his understanding of ownership is based upon his years and years business developer in China. That's how he the concept of family and ownership. of bjing a understands\n\n11 You can ask him a question of the 12 13 14 15 16 17 18 19 20 understanding of what u.S. -- what Americans think about ownership, and you can translate that to him and you can get his answer back, and it will be in English, and you've got a great sound bite, but what I would iSk your . I Honor to do is to recognize, when Mr. Kwok testifies, that there is not just a language issue, but thele is also a cultural issue here that needs to be undelstood in the context of what Mr. Kwok has said, and whit he has done.\n\n21 22 23 24 25 We didn't bring discovery issues to yom before the hearing, and I don't believe this is the pro~er time to raise discovery issues. If there were proble~s with the way we handled objections, or we handled the production of documents, we should have handled trhat in I\n\n#### NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126\n\n**Proceedings**\n\n16\n\n| 1 | a
meet
and
confer,
resolving
it
with
the
Court
on |\n|----|-----------------------------------------------------------------------------------------------------|\n| 2 | discovery
issues.
We
didn't
do
that.
So
I
belilve
that |\n| 3 | you
what
are
going
to
hear
today
from
the
Plaintlffs, |\n| 4 | based
on
this
presentation,
is
a
reiteration
and |\n| 5 | re-introduction
of
everything
that
they
have
already |\n| 6 | said
twice,
in
two
sets
of
motions.
I
hope
that
that's |\n| 7 | not
going
to
be
what
we
do
today.
I
hope
we
are
going |\n| 8 | to
get
to
some
real
evidence
that
addresses
the |\n| 9 | questions
that
your
Honor
has,
and
I
tell
you,
your |\n| 10 | d
I
1
0
Honor,
that
if
the
p
a~nt~ffs
don't
~t
as
part
of |\n| 11 | their
case,
I
will
ask
Mr.
Kwok
on
my
opportunit~
to |\n| 12 | cross
examine
him. |\n| 13 | Thank
you. |\n| | MR.
MOSS:
Your
Honor,
I
just
want
to
respond |\n| 15 | to
a
couple,
very,
very
briefly.
First,
in
terml
of
the |\n| 16 | evidence,
you
asked
us
-- |\n| 17 | THE
COURT:
We
should
just
proceed
with
the |\n| 18 | testimony. |\n| 19 | MR.
MOSS:
Let's
go.
Perfect.
Thank
you, |\n| 20 | your
Honor. |\n| 21 | THE
COURT:
We
argued
motions
twice
before. |\n| 22 | MR.
MOSS:
Fair
enough,
your
Honor
wl
call |\n| 23 | our
first
witness,
Yvette
Wang. |\n| 24 | |\n| 25 | |\n| | |\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 18 of 126\n\n| | 17
Wang.
for
Plaintiff
-
Direct
by
Moss |\n|----|----------------------------------------------------------------------------------------|\n| 1 | Y
A
N
PIN
G
WAN
G,
having
been
duly
sworn
by
the |\n| 2 | clerk,
was
examined
and
testified
as
follows: |\n| 3 | THE
CLERK:
In
a
loud,
clear
voice,
please |\n| 4 | state
your
full
name
and
address. |\n| 5 | THE
WITNESS:
My
name
is
Wang,
Yan
Ping.
My |\n| 6 | address
is
22D
150
East
57th
Street,
New
York,
N~W
York. |\n| 7 | THE
CLERK:
Thank
you.
Be
seated. |\n| 8 | I
THE
WITNESS:
Thank
you,
sir. |\n| 9 | THE
COURT
OFFICER:
The
witness
is
sworn,
your |\n| 10 | Honor. |\n| 11 | MR.
MOSS:
Your
Honor,
I
have
a
copy
of |\n| 12 | Ms.
Wang's
deposition
transit.
Is
it
okay
if
I
lpproach |\n| 13 | and
provide
it
to
her? |\n| 14 | Thank
you. |\n| 15 | (Whereupon,
a
document
was
handed
to
the |\n| 16 | witness.
) |\n| 17 | DIRECT
EXAMINATION |\n| 18 | BY
MR.
MOSS: |\n| 19 | Ms.
Wang,
you
work
for
Mr.
Kwok;
right?
Q |\n| 20 | A
I
work
for
whole
family. |\n| 21 | Mr.
Kwok's
family?
Q |\n| 22 | A
No.
Guo
Family.
G-U-O. |\n| 23 | What's
Mr.
Kwok's
name?
Q |\n| 24 | A
Kwok
Ho
Wan. |\n\nQ Guo; right? The same Guo, the .family name?\n\n25\n\n18 **Wang - for Plaintiff - Direct by Moss** 1 A He is family. His name is Kwok, K-W-O-K. His 2 family is, Guo, G-U-O. 3 Q Do you dispute that you work for Mr. Kwok's family 4 5 6 7 businesses? A Let me explain. Mr. Guo, Guo Family, his family has more than hundred people, including his seven -- ~ I believe total, including himself -- seven brothers, and they 8 have their different, like, family, small family. So 9 totally, together, there are more than one hundred people in 10 the family. So this family, different family member, they 11 have their different parts in the family business. So I work 12 for the whole family. 13 14 15 Q A Q One of the members of the family is Mr. Kwok? Yeah. He is one of the family member. You worked for Mr. Kwok's family companies in Hong 16 Kong; right? 17 l8 A Q Yes. since February 2018, you work for one of his family 19 companies in New York; right? 20 A Yes. 21 22 Q So, since 2009, so for the had no other employer other than the last 10 years, y0u have Guo Family; righ~? 23 24 A Q Correct. I would like to talk about Mr. Kwok's efforts to 25 sell the apartment. Up until recently, you know that Lisa A. Casey - Official Court Reporter\n\n126\n\n#### **Wang - for Plaintiff - Direct by Moss** 1 Mr. Kwok's broker was Kathy Sloane; right? 19 2 3 A Q Correct. You, on behalf of Mr. Kwok, had discussions with 4 5 6 7 8 9 10 12 Ms. Sloane about selling the apartment; right? A Let me correct. I am the contact person berween Mr. Kwok and Ms. Kathy Sloane, because Mr. Kwok, he dies not read and write English at all, so that's why Ms. KathV Sloane, a lot of time, reach out to me asking me to sknd her message to Mr. Kwok, and then because Mr. Kwok, he dols not write and read English, so I have to translate for hil and put his message, like, translate into English, and sehd back to Ms. Kathy Sloane. 13 14 Q A Understood. Thank you for the clarification. Thank you. 15 16 17 Q And sometimes you have exchanged emails with . I Ms. Wang on -- excuse me, w~th Ms. Sloane on behalf of Mr. Kwok about efforts to sell the apartment; right? 18 19 20 A Correct. MR. MOSS: If I may, your Honor? (Whereupon, a document was handed to tme 21 22 23 24 witness. ) (Whereupon, an exhibit was displayed to the Court. ) MR. MOSS: PX 17, which in evidence. 25 Q Ms. Wang, this is an email from Ms. Sloane ~n I Lisa A. Casey - Official Court Reporter\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n#### NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 21 of\n\n| | by
Wang
-
for
Plaintiff
-
Direct
Moss | 20 |\n|----|-----------------------------------------------------------------------------------|-------|\n| 1 | November
of
2016;
right? | |\n| 2 | A
Correct. | |\n| 3 | There's
an
email
address,
Yvette
Wong,
or
Q | |\n| 4 | Yvette.yue423
at
GMail;
right? | |\n| 5 | Correct.
A | |\n| 6 | That's
your
email.
address?
Q | |\n| 7 | A
It
was
my
email
address,
but
now
I
cannot
get | in |\n| 8 | there
because
my
a
lot
email
address,
they
were
habked | by |\n| 9 | Chinese
Communist
Party,
so
I
do
not
have
access
any | lore. |\n| 10 | Sorry. | |\n| 11 | Excuse
me.
I'm
sorry
for
almost
cutting
you
Q | off. |\n| 12 | At
the
time,
this
was
your
email
address? | |\n| 13 | Correct.
A | |\n| 14 | And
you
sent
and
received
these
emails?
Q | |\n| 15 | Correct.
A | |\n| 16 | I
would
like
to
direct
your
attention
to
the
Q | \"Dear |\n| 17 | Miles\"
email
on
the
bottom
of
the
page. | |\n| 18 | It
says,
\"I
have
been
giving
a
lot
of
thought | to |\n| 19 | the
offer
that
--\"
name
redacted
\"--
that
someone
has | put |\n| 20 | forward
for
your
apartment
at
the
Sherry-Netherland.\" | |\n| 21 | Do
you
see
that? | |\n| 22 | A
Yes. | |\n| 23 | In
or
around
this
time,
someone
had
put
forth
Q | an. |\n| 24 | offer
on
the
apartment;
right? | |\n| 25 | From
the
email.
Yes.
A | |\n| | Lisa
A.
Casey
-
Official
Court
Reporter | |\n\n126\n\n| | Wang
-
for
Plaintiff
-
Direct
by
Moss |\n|----|--------------------------------------------------------------------------------------------------------------------|\n| 1 | Q
Well,
you
knew
that.
That
email
refreshed
¥our |\n| 2 | recollection
that
there
was
a
\\$60
million
offer
on
thb
table; |\n| 3 | right? |\n| 4 | A
Correct. |\n| 5 | Q
It
says,
\"I'm
sensitive
to
the
fact
that
you
have |\n| 6 | '
'f'~cant
concess~on'h
d
I
aIready
rnade
a
very
s~gn~
w
en
you
agree
to |\n| 7 | I
counter
at
67
million;\"
right?
I
read
that
correctly? |\n| 8 | This
is
from
Ms.
Kathy
Sloane,
her
email.
A |\n| 9 | Right.
And
what
she
was
saying
was
that
Mr.
Kwok
Q |\n| 10 | countered
the
offer;
right?
You
know
that? |\n| 11 | I
don't
know
about
this.
A |\n| 12 | You
don't
know
whether
or
not
Mr.
Kwok
countered
Q |\n| 13 | the
offer? |\n| 14 | A
Correct. |\n| 15 | Q
Okay.
And
she
said,
at
the
top,
\"Dear
Yvette, |\n| 16 | Do
please
read
to
this
Miles
at
your
earliest
conveniencl.\" |\n| 17 | you
see
that? |\n| 18 | Do
you
see
that
portion,
\"Dear
Yvette,
please
read |\n| 19 | this
to
Mil<;!sat
your
earliest
convenience\"? |\n| 20 | Which
page?
A |\n| 21 | See
that
portion,
\"Please
read
this
to
Miles
at
Q |\n| 22 | your
earliest
convenience\"? |\n| 23 | Yes.
I
saw
this.
A |\n| 24 | And
Miles
is
Mr.
Kwok;
right?
Q |\n| 25 | A
Correct. |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n#### 21 of 125\n\n| | 22
Wang
-
for
Plaintiff
-
Direct
by
Moss |\n|----|--------------------------------------------------------------------------------------------------------|\n| 1 | You
read
it
to
him;
right?
Q |\n| 2 | Yes,
I
did.
A |\n| 3 | And
I
want
to
be
very,
very
clear
about
this
for.
Q |\n| 4 | I
the
Court,
this
one.
Mr.
Kwok
knew
about
this
\\$60
mi~lion |\n| 5 | offer;
right? |\n| 6 | A
Yes. |\n| 7 | You
have
no
doubt
about
that;
right?
Q |\n| 8 | A
Mr.
Kwok
knew
that
from
Ms.
Kathy
Sloane,
and
this |\n| 9 | is
why
I
say
I
do
not
know,
because
this
is,
I
gathertd
some |\n| 10 | information,
or
obtained
information,
which
means
either |\n| 11 | Ms.
Kathy
Sloane
told
me,
or
emailed
me.
Then
I
saw
hhe |\n| 12 | email.
I
said,
Oh,
okay
There
is
an
offer,
like
thts
way. |\n| 13 | Or
Mr.
Kwok
told
me.
So
that's
why,
when
both
of
them |\n| 14 | d'1SCUSS
,
there,
th\"1S
gatI h'ered
or
ment1on,
I
was
not
so
1S
my |\n| 15 | of
obtained
information,
not
my
personal
information.
So |\n| 16 | this
is.not
my
personal
information. |\n| 17 | When
you
ask
me,
do
you
know |\n| 18 | I'm
just
a
messenger
between
these
two |\n| 19 | have
that
personal
information.
I
just
gathered
that |\n| 20 | information
from
either
Ms.
Kathy
Sloane
or
Mr.
Kwok.
I'm |\n| 21 | just
a
messenger. |\n| 22 | Q
Right.
You
passed
the
message
to
Mr.
Kwok
about |\n| 23 | I
the
\\$60
million
offer
that
Kathy
Sloane
told
you
about. |\n| 24 | I
did.
A |\n| 25 | Right.
And
Mr.
Kwok
knew
about
the
offer.
Q |\n\n------------------------.----------\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n| | | Wang
-
for
Plaintiff | -
Direct
by
Moss | 23 | |\n|--------------------------------------|------------|-------------------------------|---------------------------|-------------------------------------------|--|\n| Case 22-50073
NYSCEF DOC. NO. 331 | Doc 440-15 | Filed 05/25/22
126 | Entered 05/26/22 15:30:37 | Page 24 of
RECEIVED NYSCEF: 05/08/2019 | |\n\n| | | Wang
-
for
Plaintiff
-
Direct
by
Moss | 23 |\n|----|------------|---------------------------------------------------------------------------|------------|\n| 1 | A | Correct. | |\n| 2 | Q | You
know
you
submitted
an
affidavit
in
this | case? |\n| 3 | A | Yes. | |\n| 4 | Q | You
did
that
on
behalf
of
Mr.
Kwok;
right? | |\n| 5 | A | I
did
that
on
behalf
of
Golden
Spring
New
York | and |\n| 6 | the
Guo | Family,
yes. | |\n| 7 | Q | Well,
you
did
that
in
support
of
Mr.
Kwok's | |\n| 8 | opposition | to
our
motion
to
attach
his
apartment. | |\n| 9 | A | Yes. | |\n| 10 | Q | Right? | |\n| 11 | A | Yes. | |\n| 12 | Q | Let's
take
a
look
at
the
affidavit. | |\n| 13 | | (Whereupon,
a
document
was
handed
to
the | |\n| 14 | witness. | ) | |\n| 15 | | (Whereupon,
an
exhibit
was
displayed
to | the |\n| 16 | Court. | ) | |\n| 17 | | MR~
MOSS:
This
is
PX
34. | |\n| 18 | Q | This
is
your
affidavit;
right,
Ms.
Wang? | |\n| 19 | A | Correct. | |\n| 20 | Q | In
this
case? | |\n| 21 | A | Yes. | |\n| 22 | | MR.
MOSS:
Your
Honor,
it's
not
in
evimence. | |\n| 23 | They | have
an
objection
to
it.
I
offer
it.
It's | not
for |\n| 24 | | the.truth. | |\n| 25 | | MS.
SEARLES:
There
are
actually
a
few | key |\n| | | Lisa
A.
Casey
-
Official
Court
Reporter | |\n\n# **Wang - for Plaintiff - Direct by Moss**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n11\n\n24\n\nissues with this particular exhibit. One of the exhibits, exhibit C to it, is subject to a stipu~ation on the merits, and we have had an ongoing discuslion with respect to the pledge issue. Your Honor make clear that the pledge had nothing to do with whether ol not attachment would be had; it just had to do with priority. I have no problem with them using impeachment. It's obviously in front of the a pleading, but I don't think it is a proper be admitted into evidence. That's the issue have. this as I , Court, J.t's exhl'b' iL J.tto I that I\n\n12 13 MR. MOSS: Your Honor, it relevance objection, which, I think sounds like a I your Honor can take 14 15 16 17 18 19 20 21 22 23 24 25 it for what it's worth. It's obviously in front of the Court. We can pause on the pledge for one issue, because I think that's going to come up a lot tohay. The pledges, 6201(3) talks about encumbering an lsset I with an intent to frustrate a judgment. The casjs say that a pledge is an encumbrance. They put this issue in front of you. They said, We pledged it, so you ban't attach it. You denied that argument, because thlt's a f \" b h ' . I matter 0 prJ.orJ.ty, ut t ey're trYJ.ng to tWJ.st that rule and say the pledges are off the table, and !hey are not relevant for this. It's in the CPLR, and thl misrepresentations about the pledges go straight to the\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 26 of 126\n\n25 **Wang - for Plaintiff - Direct by Moss** 1 2 3 4 5 6 7 8 9 10 11 fraudulent intent, so it couldn't be more relevant. It's evidence they put in front of her. THE COURT: You have a witness on the ritness stand. You can ask the witness any questions you want to ask the witness. To the extent that the witnbss has .. . h\" . I . h g~ven pr~or to sworn test~mony t at ~s ~ncons~stent w~t the testimony that she lives gives today, you cah use the affidavit for impeachment purposes, so there's really no need to introduce the affidavit as evidence, because she is here. You can ask her anything ybu want. THE WITNESS: Thank you. 12 13 14 Q A Q Let's take look at the affidavit, Ms. Wang. Yes. You submitted the affidavit in support of the 15 opposition to the attachment motion; right? 16 17 18 19 A Q A Q Correct. You understood this was a legal document? Yes, I do. You understood it was being used in a legal 20 proceeding? 21 22 A Q Yes, I do. And you knew it was going to be submitted here in 23 Supreme Court to Justice Ostrager; right? 24 A Yes. I learn that. I'm still learning. . 25 Q You understood that this wasn't just a casual I Lisa A. Casey - Official Court Reporter\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 27 of\n\n\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n#### 26 of 125\n\n# **Wang - for Plaintiff - Direct by Moss**\n\n27\n\n| 1 | A
This
affidavit
was
drafted
by
attorney,
so
a
lot
of |\n|----|------------------------------------------------------------------------------------------------|\n| 2 | information,
what
I
can
see,
because
I
am
here,
the |\n| 3 | administrator
and
President
of
Golden
Spring
New
York,
the |\n| 4 | administrator,
which
I
knew
that
I
am
the
documents
or |\n| 5 | I .
information
gather
people.
I
try
collect
the
documents,
get |\n| 6 | information.
So
all
of
this
information
in
here,
the~'re
not |\n| 7 | I
my
personal
knowledge,
because
I
was
not
involved
in
any
of |\n| 8 | the
things
in
here,
so
I'm
trying
to
help
to
gather |\n| 9 | information
and
documents
from
different
people. |\n| 10 | Q
Ms.
Wang,
you
sworn
to
the
Court
that
Mr.
Kwok |\n| 11 | I
owned
the
apartment;
right?
And
he
owned
it
through
another |\n| 12 | entity;
right? |\n| 13 | MS.
SEARLES:
Objection.
Leading. |\n| 14 | THE
COURT:
That's
overruled. |\n| 15 | THE
COURT
OFFICER:
You
can
answer. |\n| 16 | THE
WITNESS:
I
can
answer.
Okay. |\n| 17 | In
A
this
affidavit,
swear,
yes.
I
yes. |\n| 18 | And
you
don't
know
if
Mr.
Kwok
owns
the
apartment
Q |\n| 19 | or
not;
right? |\n| 20 | A
When
you
say
I
don't
know,
I
don't
understand, |\n| 21 | you're
talking
about
my
personal
knowledge?
Which
I
hon't |\n| 22 | know,
because
personally,
when
this
apartment
was
purlhased, |\n| 23 | or
happened
afterwards,
especially
when
it
was
purchabed,
I |\n| 24 | was
not
in
the
U.S.
and
I
did
not
involve,
handle, |\n| 25 | communicate
or
negotiate,
attend
any
meeting
at
all.
So
I
do |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 29 of 126\n\n### **Wang - for Plaintiff - Direct by Moss**\n\n| 1 | not
have
any
personal
knowledge
about
that.
This
all,
is
I |\n|----|-----------------------------------------------------------------------------------------------|\n| 2 | when
I
was
requested,
I
have
to
start
to
ask
the
peopll.e; |\n| 3 | gather
information;
collect
information
from
other
pebple. |\n| 4 | MR.
MOSS:
Let's
play
the
deposition. |\n| 5 | (Video
tape
played.) |\n| 6 | You
never
saw
a
single
paper
about
the
ownership
of
Q |\n| 7 | the
apartment;.
right? |\n| 8 | I
did
saw
paper
about
this
ownership
since
this
A |\n| 9 | case
started.
So
the
attorney
asked
my
help
.to
go
to
look |\n| 10 | for
documents.
I
did
see
some
documents. |\n| 11 | (Whereupon,
an
exhibit
was
displayed
to
the |\n| 12 | Court.
) |\n| 13 | THE
COURT:
Look,
without
the
slide,
you're |\n| 14 | going
to
ask
her
if
she
knows
whether
Mr.
Kwok
oLns
the |\n| 15 | i
If
I h
apartment.
She
either
does
or
she
doesn't.
e
says |\n| 16 | she
doesn't
know,
and
she
previously
swore
that
he
did |\n| 17 | own
the
apartment,
then
you
can
impeach
her.
If
she |\n| 18 | says
that
he
doesn't
own
the
apartment,
and
she |\n| 19 | previously
sworn
that
he
does
own
the
apartment,
then |\n| 20 | you
can
impeach
her,
but
all
we
are
doing
now
is |\n| 21 | eliciting
her
testimony. |\n| 22 | Ms.
Wang,
you
just
testified
that
you
did
n0t
know
Q |\n| 23 | I
that
Mr.
Kwok
owned
the
apartment,
and
I'm
going
to
direct |\n| 24 | your
attention
to
paragraph
two
of
your
affidavit. |\n| 25 | MS.
SEARLES:
Objection.
That
misstates
her
I |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 30 of\n\n**Wang - for Plaintiff - Direct by Moss** testimony. THE COURT: Okay. Look ,.do you know whether Mr. Kwok owns the 126\n\n29\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apartment? Yes or no. THE WITNESS: Yes, sir. THE COURT: And does he own the apartment? THE WITNESS: I heard, still. I heard, and via a different entity, and different entity own the apartment, and he owns, like, different entity. This is what I learned from the whole document. THE COURT: You have no personal knowledge -- THE WITNESS: No. THE COURT: -- one way or the other? THE WITNESS: No, your Honor. Yeah. THE COURT: Okay. Go ahead. Q Ms. Wang, do I have it right that you just said you did see papers about the ownership of the apartment? A Correct. Q Take a look at your deposition, page 78. THE COURT: That's not how we do this. We have lots of motion papers. If you are going to use a deposition for impeachment, you say, Do you recall being deposed, Do you recall being asked the following questions and giving the following answers, and that comes into the record, and if it constitutes\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n#### NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 31 of\n\n126\n\n30 **Wang - for Plaintiff - Direct by Moss** 1 impeachment, I'll take pote of that. If it's of no 2 moment, I'll ignore it. 3 Q Ms. Wang, do you recall that I deposed you? 4 A Yes. That was you, sir. 5 Q I'm going to read: 6 \"Question: Who do you think of as the owner 7 of the apartment? 8 \"Answer: I don't know, because I never see 9 any paper in front of me, so I don't know. It's all I 10 heard from him, but -I don't know.\" 11 Do you recall being asked that question and giving 12 that answer? 13 A Yes, I did. 14 Q Any statement you made about the apartment's 15 ownership would just be a guess; right? A have personal information; okay? deposed by you, sir, I was .super nervous. time sit in front of your Honor and this Court. Let me explain, sir. So all the information about I this apartment, which is my gathered information, I do not I So second, when I was I I have to say, I even now, I'm still very nervous, because this is my first So wLen I I was deposed by you, sir, I was very nervous, and my memory somehow come into, like, a blank, totally blank. ver~ - . I important is that English is not even my second language. My first language is Chinese Mandarin, so my second langlage, I 23 25 24 21 20 22 19 18 17 16\n\n### **Wang - for Plaintiff - Direct by Moss**\n\n1 foreign language, is French, and I'm learning English, so a 2 lot of, like, language barrier happen.\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n3 So when I was deposed by you, sir, I was super 4 nervous, and you give me, I remember, some documents, like 5 6 7 8 something which I can show, have difficulty to read all paper in front of you, sir. nervous. like this kind of documents, I of this technical legal flna~cial I So that's why I was super\n\n9 10 11 12 13 14 And then, by the way, I remember you did not show me my affidavit when you deposed me; right? You did hot show me this, and you just showed me this (indicating). sl then I was given that, I was shaking my hands. I tried to rlad all of them, and plus these documents, I just collect froL other people. So that's why I try to give you an answer, llke, in 15 a very limited time. I don't want to waste any other 16 people's .time. So when I could not recognize, and I'm not 17 sure, I just say I don't know.\n\n18 19 But basically, this case, and I am only I'm a very conservative peoPle in able to be responsible for my 20 personal knowledge. If you know, this is my gathered 21 information, my gathered knowledge, or just documents pass by 22 my hands. I was super nervous, just like right now. I 23 probably say, sir, I don't know, I don't remember. Yeah. 24 That's my situation when you deposed me, sir. 25 Q Page 78 of the deposition:\n\n| | --------
-- -------------,---------~
INDEX NO. 652077/2017
FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
Page 33 of |\n|---------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| NYSCEF DOC. NO. 331 | RECEIVED NYSCEF: 05/08/2019
126 |\n| | 32 |\n| | Wang
-
for
Plaintiff
-
Direct
by
Moss |\n| 1 | \"Question:
Do
you
think
he
owns
it? |\n| 2 | \"Answer:
I
don't
know.
I
cannot
guess.\" |\n| 3 | Do
you
recall
being
asked
that
question
and
giving |\n| 4 | that
answer? |\n| 5 | Yes,
sir.
A |\n| 6 | Q
And
you
know
that
your
counsel
refused
having
a |\n| 7 | translator
at
the
deposition;
right?
Even
though
we
lSked
if |\n| 8 | you
needed
one
at
the
deposition? |\n| 9 | MS.
SEARLES:
No.
Objection.
Just
for |\n| 10 | clarification,
we
did
not
refuse. |\n| 11 | THE
COURT:
Okay.
Look |\n| 12 | MS.
SEARLES:
The
witness
requested
that
she |\n| 13 | didn't
need
one. |\n| 14 | THE
COURT:
All
the
arguments
that
you
have, |\n| 15 | each
of
you,
have
been
memorialized
in
extensive |\n| 16 | findings.
I
don't
want
to
hear
any
arguments
about |\n| 17 | l't
h.lng.
I'
hear
and
I
I
anyt
Just
want
to
testlmony
want |\n| 18 | to
be
elicited
in
an
ordinary
and
expeditious
falhion. |\n| i9 | So
all
we
have
accomplished
in
the
last
15
minutls
is |\n| 20 | that
this
witness
has
indicated
that
she
has
no
lersonal |\n| 21 | 0
concernlng'
the
h'lp
f
th'lS
I
know
1edge
owners
apartment. |\n| 22 | That's
what
she
testified
to
at
her
deposition,
lnd |\n| 23 | that's
what
she
is
testifying
to
on
the
witness
itand. |\n| 24 | Next
question. |\n| 25 | MS.
SEARLES:
Thank
you,
sir. |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n#### 33 **Wang - for Plaintiff - Direct by Moss** 1 Q Ms. Wang, you don't know, you have no idea where 2 the money came from to purchase the apartment; right? 3 4 A Q I have no personal knowledge about that. Nobody ever told you; right? 5 6 7 8 9 10 11 12 A Nobody told me, but I heard diSCUssosiOInm'aybehCleauarsesoIme was requested, try to gather information. information. Q You have no knowledge at all about the purchase of the apartment, because you were on leave and living il Beijing at the time; right? The apartment was purchabed? I A I do not have personal knowledge about the purchase of apartment, because I was in Beijing by then, yes. 13 Q You don't know whether Mr. Kwok owns the apartment 14 through Genever; right? 15 16 A Q I learned that after this case happened. Yeah. Did you learn it after your deposition? 17 18 A No. I learned that when this including the deposition, because I was case happened, like I requested to gather 19 information for the attorney. \"Answer: I'm not quite clear about ultimately owns the apartment because he owns 20 21 22 Q \"Question: You understand that Mr. KW0k I Genever? thlt 23 24 25 answer. \"Questio~: You are not sure who owns Genever? \"Answer: Yes.\" Lisa A. Casey - Official Court Reporter\n\n126\n\n.\n\n34 **Wang - for Plaintiff - Direct by Moss** 1 Do you ~ecall being asked those questions and 2 giving those answers? 3 4 5 to read page and MR. HARMON: Your Honor, if Mr. Moss is from the transcript, can he first tell ub line from which he is reading, so we cah going the follow 6 7 8 9 along? 19. THE COURT: Go ahead. MR. MOSS: I was just reading from 77, 13 to 10 .Q Do you recall being asked those questions and 11 giving those answers? 12 13 14 15 A Q A Q Yes, I did. You don't know who owns Genever; right? I do not have personal knowledge about that. ~ou don't know who owns Genever New York or Genever 16 B.V.I; right? 17 18 A I gather that information. It's kind of like B.V.I owns New York LLC company, and New York LLC company oLn 19 apartment. 20 21 9. 22 Q Now I'm going read from your deposition, 102, 7 to \"Question: You don't know who owns Genever 23 24 25 New York or Genever B.V.I. \"Answer: I don't know.\" Do you recall being asked that question and giving Lisa A. Casey - Official Court Reporter\n\n126\n\n| | 35
Wang
-
for
Plaintiff
-
Direct
by
Moss |\n|----|---------------------------------------------------------------------------------------------------|\n| 1 | that
answer? |\n| 2 | Yes,
I
did,
sir.
When
I
say
I
don't
know,
[
mean
I
A |\n| 3 | have
personal
information,
and
I'm
not
quite
slre,
so
do
not |\n| 4 | that's
why
for
conservative
answer,
I'd
rather
say,
I
don't |\n| 5 | know. |\n| 6 | Even
though
you
sworn
to
those
things
in
an
Q |\n| 7 | affidavit
to
this
Court? |\n| 8 | A
Sir,
we
have
understanding
difference.
Like,
my |\n| 9 | understanding
is
personal
information,
which
I
say
thlt,
I
am |\n| 10 | conservative
Chinese
woman,
so
that's
why,
if
I
do
no~
have |\n| 11 | that
personal
information,
or
I
did
not
involve,
handle,
by |\n| 12 | my
hands,
I
would
rather
say
I
don't
know.
Yeah,
I
don't |\n| 13 | want
to
guess. |\n| 14 | Q
So
you
were
being
conservative
at
your
deposition, |\n| 15 | I
but
not
conservative
when
you
made
those
same
statements
In |\n| 16 | court? |\n| 17 | A
I
am
conservative
person,
sir
and
I
will
be
100
,
I' |\n| 18 | and
I
am
100,
percent
responsible
for
my
personal
knOjledge |\n| 19 | and
information.
When
I
just
gather
information,
or
hearing |\n| 20 | it,
or
heard
something,
if
I'm
not
sure,
usually
I
jult
say
I |\n| 21 | don't
know.
Yeah. |\n| 22 | So
if
you
have
no
personal
knowledge
of
anything
in
Q |\n| 23 | the
affidavit,
who
is
responsible
for
that? |\n| 24 | A
Correct.
Do
I
not
have
personal
information. |\n\n#### 35 of 125\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 37 of 126\n\n36\n\n| | Wang
-
for
Plaintiff
-
Direct
by
Moss |\n|----|---------------------------------------------------------------------------------------------------------------------------|\n| 1 | don't
have
personal
information? |\n| 2 | Whose
affidavit?
A |\n| 3 | Your
affidavit?
Q |\n| 4 | Oh.
Me.
Myself.
Yes.
A |\n| 5 | But
you
just
told
me
that
you
don't
have
personal
Q |\n| 6 | knowledge
of
facts
in
the
affidavit\"
and
you
don't
tJke |\n| 7 | responsibility
when
you
don't
have
personal
knowledge;
right? |\n| 8 | A
Sir,
I'm
100
percent
responsible
for
my
affidavit, |\n| 9 | which
I
sweared.
I
have
understanding
difference
in
here, |\n| 10 | h'
f
1
I .
so
--
which
I
am
very
grate
u
I'm
glven
t
1S
opportun1ty
to |\n| 11 | explain,
because
there's
understanding
difference
bet~een |\n| 12 | what
I
said
what
I
was
deposing
--
what
I'm
deposing
by
you, |\n| 13 | sir,
and
what
I'm
meaning,
really,
I
have
personal |\n| 14 | information
or
not.
This
is
understanding
difference,
sir, |\n| 15 | ~nd
plus~
I'm
sorry
about
my
language.
Sometimes
when
you |\n| 16 | stare
at
me,
ask
me
that
question,
I'm
super
nervous.
Even |\n| 17 | right
now. |\n| 18 | I'm
sorry.
I'm
not
trying
to
make
you
nervous.
Q |\n| 19 | Sorry
about
that.
A |\n| 20 | You
don't
even
know
that
there
are
two
separate
Q |\n| 21 | Genever
entities;
right? |\n| 22 | A
You
mean
personal
knowledge,
or
my
gathered |\n| 23 | information? |\n| 24 | I
mean,
I'm
asking
you
the
question,
do
you
know
Q |\n| 25 | whether
or
not
there
are
two
separate
Genever
entities?
I |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n| | by
Wang
-
for
Plaintiff
-
Direct
Moss | 37 |\n|----|-----------------------------------------------------------------------------------|---------------|\n| 1 | I
gather
the
information
saying
there
are
A | two |\n| 2 | separate
entities. | |\n| 3 | You
have
no
knowledge
of
any
pledges
of
the
Q | assets |\n| 4 | of
Genever
Holdings
LLC
or
Genever
Holdings
Corporation; | |\n| 5 | right? | |\n| 6 | A
Again,
I
do
not
have
any
personal
knowledge | about |\n| 7 | this.
This
is'my
gathered
information.
I
heard
abouf | this. |\n| 8 | Q
So
you
made
sworn
statements
to
the
Court | about |\n| 9 | facts
that
you
had
no
personal
knowledge
about,
that
, | I
was
I |\n| 10 | gathered
information
that
you
heard
about?
That's
your | |\n| 11 | testimony? | |\n| 12 | A
My
testimony,
there
are
two
kinds
of
information, | |\n| 13 | which
is
personal
information
knowledge
and
gathered | |\n| 14 | information
knowledge. | |\n| 15 | And
you
have
no
personal
knowledge
about
any
Q | |\n| 16 | pledges
of
the
apartment;
right? | |\n| 17 | Correct,
sir.
A | |\n| 18 | You
don't
know
whether
or
not
the
apartment
Q | has |\n| 19 | been
pledged
at
all;
right? | |\n| 20 | I
do
not
have
that
personal
information.
A | |\n| 21 | Q
You
never
had
any
discussions
with
anyone | about |\n| 22 | pledging
the
apartment;
right? | |\n| 23 | A
I
personally
did
not
discuss
anything
about | this. |\n| 24 | You
never
had
any
discussions
with
Mr.
Kwok
Q | about |\n| 25 | any
pledges;
right? | |\n| | Lisa
A.
Casey
-
Official
Court
Reporter | |\n\n### **Wang. for Plaintiff - Direct by Moss**\n\n38\n\n| 1 | May
I
ask,
what
do
you
mean,
discuss?
You
mean
A |\n|----|----------------------------------------------------------------------------------------------|\n| 2 | ask,
or
mention,
or
discuss
how
do
we
pledge;
what
is |\n| 3 | resolved;
what
is
the
strategy
plan?
I'm
confused
about
your |\n| 4 | question.
What
do
you
mean,
discuss? |\n| 5 | Q
Did
you
ever
talk
about
the
pledges
with
Mr.
Kwok? |\n| 6 | A
I
mentioned,
or
he
mentioned
that
to
me,
I
don't |\n| 7 | remember
that
clearly.
Just,
Oh,
there
is
a
pledge.
But
I |\n| 8 | did
not
ever
involve,
like,
Okay,
sit
down
and
tell
me
what |\n| 9 | is
happening,
what
is
the
details,
and
I
never
ever
ihvolve, |\n| 10 | like,
Okay,
I
was
going
there
and
doing
that
pledge.
I |\n| 11 | didn't
do
that. |\n| 12 | I'm
going
to
read
from
your
deposition,
page
81,
Q |\n| 13 | lines
9
through
11: |\n| 14 | \"You
never
had
any
discussion
with
Mr.
Kwok |\n| 15 | about
pledges? |\n| 16 | \"Answer:
No.\" |\n| 17 | Do
you
recall
being
asked
that
question
and
giving |\n| 18 | that
answer? |\n| 19 | THE
COURT:
That's
not
inconsistent
with
what |\n| 20 | she
just
testified
to.
It's
completely
consistelt
with |\n| 21 | what
she
just
said. |\n| 22 | MR.
MOSS:
Your
Honor,
she
denied
having
any |\n| 23 | I
conversations
in
the
deposition,
and
she
just
said
that |\n| 24 | she
did
have
a
conversation. |\n| 25 | THE
COURT:
That's
not
what
I
heard
her
say. |\n| | I |\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n13\n\n14\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n39 **Wang - for Plaintiff - Direct by Moss** Did you have a conversation with Mr. Kwok about the ownership of the apartment? THE WITNESS: No, sir. I just heard. I ask him, and he told me, and I know, okay, this is the situation. But I did not have, like, a discussibn, of five, ten minutes, or sit down to go through bhe details. Because I'm just like an administrator, like collect information for the lawyer and get documrnts for the lawyer, so I don't know the background, and [ don't know the logic. 11 Q Did Mr. Kwok ever tell you that the apartment or 12 Genever had been pledged? A Q Sorry, sir. What .is the question? Did Mr. Kwok ever tell you that the apartment or 15 Genever had been pledged? A Q A Q pledged? I believe is not him. Yeah. You believe he did not tell you that? He mentioned that to me. Mr. Kwok told you that the apartment or Genever was A I don't remember it was first time he told me, or I told him, because I gathered that information from otLer people. Then, kind of like, I told him, and he mentiln that to me. 25 Q At your deposition, page 81:\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n# Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 41 of\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n> **Wang - for Plaintiff - Direct by Moss** \"Question: You never told Mr. Kwok tHat Genever was pledg~d? \"Answer: No. \"Question: He never told you that it was pledged?' \"Answer: No.\" Q Do you recall being asked those questions and giving those answers? A Correct, sir. Q If you can, please turn to Exhibit B of your affidavit. (Whereupon, an exhibit was displayed to the Court.) Q I would like to direct your attention to the first page. This is a document that you attached to your affidavit; right, Ms. Wang? A Correct. Q In support of your statement that the apartment was pledged; right? A Looks like, yes. Q And I would like to direct your attention to the first page. Do you see there's a charge ID, FBAKOY? A Sorry. Which page, sir? Q Right here. It's the first page of Exhibit B. You see the charge ID? It says FBAKOY? Lisa A. Casey - Official Court Reporter\n\n> > 40 of 125\n\n-\\_.\\_. \\_.\\_--------\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 42 of 126\n\n41 **Wang - for Plaintiff - Direct by Moss** 1 2 3 4 5 6 A Q A Q A Q Yes. I saw that. And pledge was made to Roscalitar 2? Yes. And the pledge date was May 21, 2015; right? Correct. Did anyone ever tell you, or did you ever gather 7 8 9 10 11 12 13 the information -- MS. SEARLES: Objection. Your Honor, IT apologize for interrupting again, but he just kelps reading from this document which is not actually in evidence. THE COURT: Is this an exhibit that you have in your exhibit book? 14 15 16 MR. MOSS: Yes. It's in the it's her affidavit -- it's attached to It's their document. exhibit book, and her affidlvit. Q Ms. Wang, when you Court and you swore that the May of 2015, did you know - had actually been terminated **in,** in March of 20117 17 18 19 20 21 22 23 24 MS. SEARLES: But it has not been admitted. It's one of the ones we have an issue over. THE COURT: All right. Look, just proceed. submitted this document bo the I . apartment had been Pledgjd since did you know that this p!edge before you put your affikavit 25 A Sir, let me make it clear, again. When you depose Lisa A. Casey - Official Court Reporter\n\n### **w.ang - for Plaintiff - Direct by Moss**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n42\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 me, you give me this, and.without giving me my affidarit. And remember, my affidavit, which I signed, it's about one d h d .. hi year ago, an w en you epose me, you Just g~ve me t e exhibits, you did not give me any of my affidavits, ahd all the exhibits, which I am just a person collected them from other people. So I have to emphasize that as administrator of Go lden Spr~ng, . that I co11ect documents and ~n. fl.ormat~on every day, so there's lot of documents and informatioh I'm collecting for you, for my attorney, and for other prbject. 1 I cannot remember which one is for what, so when you depose me, you show me that this is just one or two pages in my thousands, millions of pages of other documents. And I have to say that when I collect all of these documents, why I'm the person collecting, because my 15 16 colleague, either they are kidnapped Party, either because of a threaten; by Chinese Communist h . h' I. b t ey qu~t t e~r DO ; 17 either they just leaving nothing and just left. So I'm in a 18 very hopeless position to help to collect all of these 19 documents.\n\n20 21 22 And a lot of documents I just put it in my file and I do not have time to review that, so it's I even really difficulty for me that you show me the documents in I your 23 deposition and ask me if I can recall from my memory, right 24 25 away, to tell you, this documents, I know what was and what was resolved and what was there. So it's happening I really I\n\n### **Wang - for Plaintiff - Direct by Moss**\n\n126\n\n43\n\n| 1 | just
like
two,
three
pieces
of
paper
in
my
whole
files. | | | | | | |\n|----|-------------------------------------------------------------------------------------------------|--|--|--|--|--|--|\n| 2 | Okay.
So
I'm
not
talking
about
your
deposition.
Q | | | | | | |\n| 3 | What
I'm
asking
you
is
--
it's
just
very
simple.
Let
me
try | | | | | | |\n| 4 | the
question
again.
When
you
submitted
this
document | | | | | | |\n| 5 | swearing
that
the
apartment
had
been
pledged
since
Ma¥
of | | | | | | |\n| 6 | 2015,
did
you
know
that
this
pledge
was
terminated
in
March | | | | | | |\n| 7 | of
2017,
and
that
the
apartment
that
you
were
swearing
was | | | | | | |\n| 8 | pledged
was
not
actually
pledged
anymore?
Did
you
knbw
that? | | | | | | |\n| 9 | A
I
do
not
have
personal
information,
knowled6e. | | | | | | |\n| 10 | Q
Did
you
hear
that
pledge
had
been
terminate~
before | | | | | | |\n| 11 | you
swore
to
the
Court
that
it
was
terminated? | | | | | | |\n| 12 | I
don't
remember
that,
sir.
A | | | | | | |\n| 13 | MR.
MOSS:
May
I,
your
Honor? | | | | | | |\n| 14 | (Whereupon,
a
document
was
handed
to
the | | | | | | |\n| 15 | witness.
) | | | | | | |\n| 16 | MR.
HARMON:
Your
Honor
-- | | | | | | |\n| 17 | MS.
SEARLES:
Can
we
know
what
he's
showing | | | | | | |\n| 18 | her? | | | | | | |\n| 19 | MR.
MOSS:
This
is
PX
43.
They
have
a | | | | | | |\n| 20 | relevance
objection,
not
an
authenticity
objection,
to | | | | | | |\n| 21 | I
this
document,
your
Honor.
It's
in
the
exhibit
binders. | | | | | | |\n| 22 | (Whereupon,
an
exhibit
was
displayed
tl
the | | | | | | |\n| 23 | Court.
) | | | | | | |\n| 24 | MS.
SEARLES:
It's
the
same
relevance | | | | | | |\n| 25 | objection
that
I
gave
before
with
respect
to
the | | | | | | |\n| | Lisa
A.
Casey
-
Official
Court
Reporter | | | | | | |\n\n### **Wang - for Plaintiff - Direct by Moss**\n\n| 1 | you~
pledges.
This
does
not
have
to
do
with
what
Honor |\n|----|-----------------------------------------------------------------------------------------|\n| 2 | you
laid
out
in
our
last
oral
argument
that
wantld
to |\n| 3 | hear
today.
It
was
the
timing
and
the
purchase
lnd
sale |\n| 4 | of
the
apartment.
I
think
that
there
is
no
disprte
at |\n| 5 | this
point
between
any
of
the
parties
that
at
one
point |\n| 6 | there
were
pledges
on
the
apartment,
and
at
this
point |\n| 7 | there
are
no
pledges
on
the
apartment,
so
I
don't
know |\n| 8 | why
we
are
continuing
to
discuss
this.
It's
not
an |\n| 9 | actual
encumbrance
if
the
pledge
doesn't
exist. |\n| 10 | MR.
MOSS:
Your
Honor,
if
they
want
to |\n| 11 | stipulate
that
the
pledge
that
she
swore
was
on
had
been |\n| 12 | terminated
before
she
filed
her
affidavit,
I;m
hkppy
to |\n| 13 | do
that,
to
avoid
wasting
time. |\n| 14 | MS.
SEARLES:
No.
I'm
not
going
to
st~pulate |\n| 15 | to
that,
but
I
will
stipulate
that
since
she
combleted |\n| 16 | I
her
affidavit,
and
since
we
have
had
oral
argument,
and |\n| 17 | I
don't
know
however
many
months
of
prejudgment |\n| 18 | attachment
discovery,
that
the
pledge
has
been
l~fted, |\n| 19 | and
I
don't
think
we
are
in
any
disagreement
on
hhat. |\n| 20 | THE
COURT:
This
is
a
document
that
sats
that |\n| 21 | the
pledge
has
been
released.
You
don't
dispute
that. |\n| 22 | So
why
are
we
wasting
time? |\n| 23 | MS.
SEARLES:
That
was
my
question
as
to
why |\n| 24 | we
are
continuing
to
discuss
something
-- |\n| 25 | THE
COURT:
I'm
taking
your
representation
as |\n| | I |\n\n2\n\n3\n\n4\n\n5\n\n6\n\n# **Wang - for Plaintiff - Direct by Moss**\n\n45\n\na stipulation that the pledge was released, so there's no need for there to be any questioning about tJiS document.\n\nMS. SEARLES: I just want to be 100 percent clear, not that I'm making that r~presentation, lhere is no pledge in place. It was released.\n\n7 8 9 10 11 12 13 14 There is a discrepancy between documenis that they obtained from DC and documents we obtained from B.V.I, that had a discrepancy at one po;nt, • wherle our document was dated close in time to theirs, and It's said that the pledge hadn't been released. Theils did. We argued at the time that the B.V.I was the applopriate one. We have pulled that from, you know, outSidl help. We didn't pull it ourselves.\n\n15 16 17 18 19 20 21 22 23 At this point in time, though, there are no pledges, and we are all in agreement on that, anh so I I want to be clear that there is a discrepancy as fO some of the documents, and the timing of the pledge, but the pledge has been lifted for months at this point, so again, I'm just cbnfused as to why we are continuing to go into this, because if the argument is the encumbrance, pursuant to the CPLR, there is no encumbrance.\n\n24 25 THE COURT: This is a one-day hearing. It's now an hour and a half into the hearing, a third of\n\n# **Wang - for Plaintiff - Direct by Moss**\n\n46\n\n| 1 | which
has
been
attorney
coll~q~y,
and/or
regurgifation |\n|----|------------------------------------------------------------------------------------|\n| 2 | of
what's
in
two
sets
of
papers.
You
are
stipulating |\n| 3 | there's
no
extant
pledge
on
this
apartment,
so
I
don't |\n| 4 | know
what
relevance
this
particular
document
has
to |\n| 5 | anything. |\n| 6 | She
stipulated
that
there's
no
extant
pledge. |\n| 7 | MR.
MOSS:
Can
I
respond,
your
Honor,
bn |\n| 8 | relevance,
your
Honor? |\n| 9 | THE
COURT:
Yes. |\n| 10 | fO
MR.
MOSS:
Ms.
Wang's
affidavit
swore
the |\n| 11 | Court
that
the
pledge
was
on,
and
a
year
before
her |\n| 12 | affidavit
the
pledge
had
been
terminated,
so
it,b
a |\n| 13 | false
statement
to
the
Court
about
the
existence
of
a |\n| 14 | pledge
in
the
courts
of
this-proceeding
in
order
to
try |\n| 15 | to
avoid
an
attachment,
it
goes
directly
to
credibility. |\n| 16 | It
goes
directly
to
fraud. |\n| 17 | THE
COURT:
All
right.
Well-- |\n| 18 | MR.
MOSS:
I
can
move
on,
your
Honor.
If |\n| 19 | that's
preferable,
I'm
happy
to
move
on. |\n| 20 | Q
Ms.
Wang,
I
take
it
you
never
saw
that
document |\n| 21 | before
you
filed
your
affidavit;
right?
The
document
you |\n| 22 | have
in
front
of
you? |\n| 23 | A
Which
document? |\n| 24 | PX
43,
you
never
saw?
Q |\n| 25 | A
Even
now,
let
me
tell
you,
I
don't
remember
that. |\n| | |\n\n### **Wang - for Plaintiff - Direct by Moss**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n47\n\n| 1 | Yes.
And
let
me
repeat
again,
if
I
may,
I
am
adminis1trator |\n|----|---------------------------------------------------------------------------------------------------|\n| 2 | to
Golden
Spring.
This
is
not
my
choice.
Because
Chinese |\n| 3 | Communist
Party,
they
kidnap
almost
all
my
colleague,
between |\n| 4 | me
and
the
company.
So
my
background,
I
do
not
have |\n| 5 | financial
professional\"
knowledge.
I
do
not
have
American |\n| 6 | I
real
estate
professional
knowledge.
So
I
was
the
onl¥ |\n| 7 | person,
by
then,
speak
at
least
a
little
bit\"
English,
and
try |\n| 8 | to
help
the
family,
so
that's
why.
A
lot
of
my
colleague, |\n| 9 | they
are
either
kidnapped,
or
disappeared,
or
just
le~t |\n| 10 | I
without
saying
anything,
drop
off
their
stuff
on
my
table. |\n| 11 | I
spent
a
long
time
trying
to
learn
and
diglst
and |\n| 12 | figure
out
what
they
are,
and
I'm
not
good
about
readlng |\n| 13 | documents.
Even
now,
sir,
you
show
me
this,
and
I'm
buper |\n| 14 | nervous
here,
that
if
you
do
not
point
where
the
Pledke,
that |\n| 15 | word,
I
still
couldn't
recognize
this
as
one
of
the
dLcuments |\n| 16 | passed
by
my
hands.
Because
really,
my
background
is
here, |\n| 17 | I'm
not
a
liar,
and
I
never
forge
anything,
and
why
I'm
here, |\n| 18 | I'm
trying
to
help,
to
help
the
case.
Thank
you,
sir. |\n| 19 | Q
Thank
you. |\n| 20 | MR.
MOSS:
Nothing
further
right
now,
your |\n| 21 | Honor. |\n| 22 | CROSS
EXAMINATION |\n| 23 | BY
MS.
SEARLES: |\n| 24 | Good
morning,
Ms.
Wang.
I'm
going
to
try
to
speak
Q |\n| 25 | up,
so
you
can
hear
me. |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n| | 48
by
Wang
-
for
Plaintiff
-
Cross
Searles |\n|----|--------------------------------------------------------------------------------------------------|\n| 1 | MS.
SEARLES:
I
just
wanted
to
take
a
step |\n| 2 | back
for
just
a
quick
second
to
give
a
better |\n| 3 | understanding
of
something
for
your
Honor. |\n| 4 | When
did
you
first
start
working
for
the
Guo
Q |\n| 5 | Family? |\n| 6 | A
I
started
working
for
Guo
Family
from
2009
when
I |\n| 7 | was
in
Beijing.
I
came
back
from
Europe.
I
finished
my |\n| 8 | university,
and
I
came
back
to
Beijing,
start
working
for
the |\n| 9 | Guo
Family. |\n| 10 | And
when
you
say
Guo
Family,
you
mean
more
than
Q |\n| 11 | Mr.
Kwok's
immediate
family;
correct? |\n| 12 | A
Correct
Guo
Family,
what
I
learned,
there
are |\n| 13 | more
than
100
people,
and
Mr.
Kwok,
Miles
Kwok,
he
is
number |\n| 14 | seven
son
of
the
whole
family.
He
has
more
elder
brother, |\n| 15 | and
he
has
his
parents.
He
has
his
niece,
nephews,
ahd |\n| 16 | sister-in-law,
which
right
now
he
has
number
five
and
number |\n| 17 | six
brother,
and
they
are
still
in
jail.
They
are
arrested |\n| 18 | and
put
in
jail
by
Chinese
Communist
Party,
and
a
lot
of
his |\n| 19 | family
member,
including
his
son,
his
daughter,niece, |\n| 20 | I
nephew,
and
his
sister-in-law,
brothers,
they
were
all |\n| 21 | threatened,
kidnapped,
and
put
in
jail
without
any
relson |\n| 22 | I
until
now,
including
all
of
his,
like,
long-term
employee, |\n| 23 | just
like
me. |\n| 24 | And
this
Guo
Family
that
you
work
for,
they
are
Q |\n| 25 | located
in
multiple
places
around
the
world
including
China, |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n### **Wang - for Plaintiff. - Cross by Searles**\n\n?\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n1\n\n2\n\n3\n\n25\n\nincluding the individuals you were just speaking abOU1 A Correct. They live in china, Mainland chini' they do, and live in, like Hong Kong, like Europe, like and 4 America. Worldwide.\n\n5 Q And when did you move to New York to start working 6 for the Guo Family?\n\n7 8 9 A That was a date I never forget. That was April 23rd, I came to New York and U.S. I never be I 2015. able to I go back to China and see my family, and see my son. When I 10 was left -- when I left China, then my son is 1.5, is one 11 years old, five months. Now he is going to be, like, six 12 13 14 years old, and he is going to be, go to the school. family, my husband and my son, stopped talking with 2017, which is for now more than 16 months, I heard And my ml since nhthing 15 from them, I received nothing from them.\n\n16 17 Chinese Communist Party, they forged a lot things they forged my voice, my tape, my documents. of my I '['hey 18 forged all my personal information. They threaten my 19 husband. They detain my husband, interrogating my husband. 20 They told my husband I betray my country, I betray my family, 21 I abandon my son and my family, which I never agree. So my 22 23 24 husband stopped talking with me since the end of 2017, and my ~on stopped talking and seeing me by WhatsApp, by wec~at, by video, more than 16 months until now.\n\nI came here because of two reasons. First, I'm a\n\n# **Wang - for Plaintiff - Cross by Searles**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n50\n\n1 2 loyal person. My husband in college, and I went to is my first boyfriend. I meet school in France with him, lnd him we 3 studied together. We get married, and I never have a second 4 5 6 7 8 boyfriend. I never have second husband at all. I to~d him . 1 . \" h ,I . many t1mes, I'm not eav1ng you. I'm Just 1n t e s1tuat10n I 1 Ch ' C ' . hi, cannot contro. But 1nese ommun1st Party, t ey cont1nue I to threaten him and his whole family, and they force my husband divorce me.\n\n9 10 11 12 13 14 This is the third time they are trying. Last month, my husband lawyer contacted me via my elder br~ther, because my husband stop talking to me like more than ~ike 16 I months. My younger brother told me, Sister, they want to divorce you, and they need you appear in the court in China. I say, It's not possible, because Chinese Communist Party is 15 looking for me. I cannot go back to China.\n\n16 17 18 19 20 21 22 23 24 25 Then they come back, say that, Sister they want to you make a video with your passport and your, like, statement, saying, Okay, I'm willing to divorce with my husband. I told my younger brother, it's not going tl happen like this way, because Chinese Communist Party, they llreadY forged a lot of my video and my voice. If I ever madf this video, and saying in front of camera, I'm willing to divorce I my husband, and one day -- my son is six years old, now. He is going to be bigger, and he is going to be adult, ahd that I video will be forged and used by Chinese Communist Party\n\n# Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 52 of\n\n| NYSCEF DOC. NO. 331 | | | RECEIVED NYSCEF: 05/08/2019 |\n|---------------------|--|--|-----------------------------|\n| | | | |\n\n# **Wang - for Plaintiff - Cross by Searles**\n\n126\n\n| 1 | again,
again,
again,
in
the
words.
I
cannot,
one
day,
my
son |\n|-----|----------------------------------------------------------------------------------------------------|\n| 2 | standing
in
front
of
me
and
ask
me,
Mom,
it
was
you
gave
up |\n| 3 | me
,
and
abandon
me. |\n| 4 | THE
COURT:
Okay.
That's
enough. |\n| 5 | THE
WITNESS:
Sorry. |\n| 6 | THE
COURT:
That's
not
responsive
to
the |\n| 7 | question. |\n| 8 | THE
WITNESS:
Sorry,
sorry.
Sorry.
Sorry, |\n| 9 | your
Honor. |\n| 10 | Okay.
We'll
change
track
just
a
little
bit;
okay?
Q |\n| 11 | I
So
you
have
said
have
been
you
here
since
2015
in |\n| 12 | New
York
City,
working
for
the
Guo
Family? |\n| 13 | A
Correct.
No.
I
work
for
Guo
Family
from
2009,
and |\n| 14 | since
April
23rd,
2015
I
came
to
America,
continue
WOlk
for |\n| 15 | Guo
Family,
and
Mr.
Kwok
himself. |\n| 16 | And
currently
you
are
president
of
Golden
Spring
Q |\n| 17- | New
York;
correct? |\n| 18 | A
Yes. |\n| 19 | And
what
does
Golden
Spring
New
York
do
for
the
Guo
Q |\n| 20 | Family? |\n| 21 | A
Golden
Spring
New
York
came
back
to
life
sirce
I |\n| 22 | took
over,
and
that
was
in
the
beginning
of
2018.
Before |\n| 23 | that,
Golden
Spring
New
York
employee
either
left,
lite |\n| 24 | quitted,
like
disappeared.
So
there's
lots
of
like
leftover |\n| 25 | issue
I
have
to
handle,
and
since
I
start
to
work
for
Golden |\n| | |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 53 of 126\n\n### **Wang - for Plaintiff - Cross by Searles**\n\n52\n\n| 1 | Spring
New
York,
I
make,
or
I
define,
I
define
Golden
Spring |\n|----|-----------------------------------------------------------------------------------------------|\n| 2 | New
York
as
Guo
Family
family
office,
so
I
start
to
cbllect |\n| 3 | everything
and
operate. |\n| 4 | So
among
your
responsibilities,
you
collect
Q |\n| 5 | documents
and
operate
the
entity? |\n| 6 | A
Correct.
Yeah. |\n| 7 | What'
are
some
of
your
other
responsibilitie.s
for
Q |\n| 8 | the
Guo
Family? |\n| 9 | Sorry.
What
is
your
question?
A |\n| 10 | What
are
some
of
your
other
responsibilitiels
for
Q |\n| 11 | Golden
Spring,
for
the
Guo
Family,
in
your
role
as
prjSident? |\n| 12 | A
Other
responsibility,
including
like
build
a
team; |\n| 13 | and
including,
like,
help
all
the
litigation;
help
to
collect |\n| 14 | the
documents
and
collect
information;
and
help
to
do,
like, |\n| 15 | daily
operation,
every
day. |\n| 16 | Q
So
when
you
say
daily
operation,
do
you
mean
making |\n| 17 | I eve;rybody
sure
the
bills
are
paid
on
time,
making
sure
that |\n| 18 | else
knows
what
they
are
supposed
to
be
doing? |\n| 19 | A
Correct.
Because
a
lot
of,
like,
because
of
my |\n| 20 | previously
colleague,
as
I
said,
they
just
disappeared,
gone, |\n| 21 | so
a
lot
of,
like,
outstanding
questions,
bills,
issuls,
that |\n| 22 | when
I
came
in,
I
start
to
work
for
Golden
Spring,
it's |\n| 23 | almost
everything
back
to
the
track,
so
I
can
see,
and
I'm |\n| 24 | proud
of
that. |\n| 25 | Q
You
have
testified
here
this
morning
quite
a
bit
I |\n\n53 **Wang - for Plaintiff - Cross by Searles** 1 2 about this idea of personal knowledge, and I you used was gathered knowledge. Is there a believe Ithe term difference in 3 your mind between those two? 4 5 6 Q THE COURT: I understand the difference. MS. SEARLES: Okay. I think you might have it in front of you, if you 7 need to reference it. It is Exhibit 34, the affidavit which 8 is not in'evidence. 9 10 Prior to submitting this affidavit before Court, did you gather the underlying documents that the I were part 11 of the exhibits? 12 A Correct. All the exhibits, they are all pa,rt of my 13 gathered documents. Q Did you review the documents, look at them, read 15 them, before you submitted that affidavit? 16 A I didn't review all of them, because first I gather 17 a lot of documents. Second, as I said, my third language is 18 19 20 21 22 23 24 25 English, so if you listen to my speaking, maybe just, like, I speak not bad English, but when you have me read all of this, like, very legal or official documents, and I could not understand them, like, very quickly, I have to look jt my dictionary and try to figure out what they are talkiJ9. Q Did you speak with others about those docuJents, others within the Golden Spring or Guo Family organizllations, about those documents before you submitted your affidavit? I Lisa A. Casey - Official Court Reporter 126\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 55 of 126\n\n| | Wang
-
for
Plaintiff
-
Cross
Searles
by | 54 |\n|----|--------------------------------------------------------------------------------|------------------|\n| 1 | A
I
collect
these
documents
from
them. | |\n| 2 | Q
And
you
spoke
with
others
about
those
documents? | |\n| 3 | MR.
MOSS:
Objection.
Leading. | |\n| 4 | Yes.
A | |\n| 5 | MS.
SEARLES:
She's
not
my
witness. | |\n| 6 | THE
COURT:
It's
an
adverse
witness. | |\n| 7 | Look,
what
I'm
understanding
is
that | this |\n| 8 | witness
has
no
personal
knowledge
of
anything. | IShe
has |\n| 9 | collected
a
lot
of
information,
some,
most,
gr | I
a!l.l
of |\n| 10 | which
she
understood,
and
the
affidavit
that
she | signed |\n| 11 | is
based
on
her
understanding,
as
limited
by
her | |\n| 12 | language
issues,
of
what
lawyers
put
in
front
of | her
to |\n| 13 | sign.
Is
there
anything
else
I
need
to
know
about | her |\n| 14 | testimony? | |\n| 15 | I
would
just
direct
you
to
the
first
paragraph | on |\n| 16 | there,
speaking
about
the
personal
knowledge
issue. | I
[sn't
it |\n| 17 | correct
that
that
paragraph
does
not
actually
say
thah | it's |\n| 18 | based
on
personal
knowledge? | |\n| 19 | -
-
A
You
mean | |\n| 20 | The
first
paragraph
of
your
affidavit.
Q | |\n| 21 | A
The
first
paragraph. | |\n| 22 | Yes.
The
term,
Based
on
my
personal
knowledge,
Q | |\n| 23 | does
not
exist
in
that
document;
correct? | |\n| 24 | THE
COURT:
Okay. | |\n| 25 | Correct.
Sorry.
A | |\n| | Lisa
A.
Casey
-
Official
Court
Reporter | |\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 56 of 126\n\n| | by
Wang.
for
Plaintiff
-
Cross
Searles | 55 |\n|----|-----------------------------------------------------------------------------------|----|\n| 1 | THE
WITNESS:
Sorry.
Sorry,
sir. | |\n| 2 | MS.
SEARLES:
I'm
switching
topics
now,
your | |\n| 3 | 'Honor.
Just
so
that
we
are
clear. | |\n| 4 | Has
the
apartment
that's
at
issue
here
in
this
Q | |\n| 5 | hearing,
has
that
been
sold? | |\n| 6 | A
No. | |\n| 7 | To
your
knowledge,
is
it
even
on
the
market
right
Q | |\n| 8 | now? | |\n| 9 | Correct.
I
have
this
personal
knowledge.
A | |\n| 10 | And
this
knowledge,
meaning
it
is
or
isn't
on
the
Q | |\n| 11 | market? | |\n| 12 | A
It's
not
on
the
market
at
all. | |\n| 13 | MS.
SEARLES:
I
think
that's
it,
your
Honor. | |\n| 14 | I
MR.
MOSS:
One
more
quest~on,
your
Honor? | |\n| 15 | THE
COURT:
Yes. | |\n| 16 | RE-DIRECT
EXAMINATION | |\n| 17 | BY
MR.
MOSS: | |\n| 18 | When
was
the
apartment
taken
off
the
market?
Q
,
I | |\n| 19 | A
About
one
month.
Around,
like,
one
month
off
the | |\n| 20 | market,
from
now.
About,
like,
one
month
ago. | |\n| 21 | MR.
MOSS:
I
have
nothing
else. | |\n| 22 | THE
COURT:
Okay.
You
may
step
down. | |\n| 23 | (Whereupon,
the
witness
was
excused
from
the | |\n| 24 | witness
stand.) | |\n| 25 | THE
COURT:
Next
witness. | |\n| | Lisa
A.
Casey
-
Official
Court
Reporter | |\n\n**Wang - for Plaintiff - Re-Direct by Moss** 1 (Whereupon, there was a pause in the 2 proceedings.) 3 4 5 THE COURT: When you get the witness, ¥ou will let me know. (Whereupon, a recess was taken.) 6 \\* \\* \\* \\* \\* \\* 7 MICHAEL U L L MAN, having been duly sworn b¥ the B clerk, was examined and testified as follows: 9 10 11 12 13 THE.CLERK: Please state your full name and address, in a loud clear voice. THE WITNESS: Michael Ullman, 340 West 57th Street, apartment BG, New York, New'York 10019. THE CLERK: Have a seat. 14 DIRECT EXAMINATION 15 BY MR. SARNOFF: 16 Q Good morning, Mr. Ullman. We are a little bit 17 behind, so I'm going try to move this along. 1B 19 20 21 22 23 A Q A Q A Are you employed, sir? I am. By who? The Sherry-Netherland. What is your position there? My title is Executive vice President, Chief 24 Operating Officer. 25 Q Is that effectively akin to the Lisa A. Casey - Official Court\n\n1 2 3 4 5 6 7 8 A Q A Q A Q A Q **Ullman - for Plaintiff - Direct by Sarnoff** Yes, it is. How long have you held that position? At the Sherry? Yes. Nine years. So about since 2010? That's correct. How long have you been in the hotel management 57 9 business? 10 A A little over 40 years. 11 12 Q As your general manager role, are you involved in the new role, COO general manager h 1 \" I purc ase app ~cat~on 13 process? 14 A I'm involved in putting together the documentation 15 to make sure that it's all there before I ship it off to the 16 board members. 17 18 Q And purchases and roughly how many apartment transactions, sales have yo~ been involved with in yotr 19 tenure at the Sherry-Netherland? 20 21 A Q 60. Does the Sherry-Netherland have a Board of 22 Directors? 23 24 2.5 A Q A Yes, it does. And does have a president or a chairperson? It has president. Lisa A. Casey - Official Court Reporter\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n#### NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 59 of\n\n| | 126 |\n|----|----------------------------------------------------------------------------------------------------------------|\n| | 58
Ullman.
for
Plaintiff
-
Direct
by
Sarnoff |\n| 1 | .Q
And
who
is
the
president? |\n| 2 | Michael
Horvitz.
A |\n| 3 | And
has
he
been
the
president.
since
Mr.
Kwok's
Q |\n| 4 | purchase
in
2015? |\n| 5 | A
Yes. |\n| 6 | And
what
is
Mr.
Horvitz's
background,
generally?
Q |\n| 7 | He's
a
former
partner
for
Jones
Day,
as
an
A |\n| 8 | attorney.
He
is
on
the
--
a
trustee
of
the
Frick.
He
is,
I |\n| 9 | I
think,
a
trustee
of
the
Cleveland
Clinic,
and
a
former |\n| 10 | chairman
of
IMG
International
Management. |\n| 11 | Q
Is
the
board
of
the
Sherry-Netherland
responsible |\n| 12 | for
reviewing
and
approving
apartment
purchase
apPlicktionS? |\n| 13 | Yes.
A |\n| 14 | Could
you
generally
describe
the
approval
process?
Q |\n| 15 | ,
deta~,'I
~I'dea.
but
.'
,
the
Court
Not
in
amaz~ng
Just
to
g~ve
an |\n| 16 | A
Yes.
So
there's
a
selling
and
purchasing
bloker |\n| 17 | that,
they
bring
the
client.
The
property
is
listed.
They |\n| 18 | bring
the
client.
They
agree
on
a
price
and
on
terms.
They |\n| 19 | review
the
minutes
of
the
board
meetings
and
the
condltion
of |\n| 20 | the
building.
Then
they
put
together
they
come
to
us
to |\n| 21 | ask
for
a
package,
what's
required
in
the
package.
They
put |\n| 22 | I together,
that
board
package
together,
and
when
it's
all
put |\n| 23 | they
submit
it
to
us. |\n| 24 | And
what
type
of
information
is
included
in
Q |\n| 25 | THE
COURT:
I
know
all
about
this.
I
las
the |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n| | 59
by
Ullman
-
for
Plaintiff
-
Direct
Sarnoff |\n|----|-------------------------------------------------------------------------------------------------|\n| 1 | president
of
a
New
York
City
co-op
for
12
years. |\n| 2 | MR.
SARNOFF:
Duly
noted. |\n| 3 | THE
COURT:
We
can
skip
it. |\n| 4 | Do
you
know
who
Kwok
Ho
Wan
is,
or
Miles
Kwok?
Q |\n| 5 | Yes.
A |\n| 6 | Did
the
there
come
a
time
when
he
applied
to
Q |\n| 7 | purchase
an
apartment
in
the
Sherry-Netherland? |\n| 8 | Yes.
A |\n| 9 | You
do
you
recall
when,
about,
that
was?
Q |\n| 10 | A
It
was
early
2015.
I
believe
it
was
Februa~y
of |\n| 11 | 2015. |\n| 12 | Did
Mr.
Kwok
go
through
the,
sort
of,
typical
Q |\n| 13 | application
process? |\n| 14 | A
Yes. |\n| 15 | Did
he
provide
financial
information
to
the
board?
Q |\n| 16 | A
Yes. |\n| 17 | Do
you
recall,
basically,
what
type
of
financial
Q |\n| 18 | information
he
provided? |\n| 19 | A
He
provided,
the
first
time
--
the
first
time
that |\n| 20 | I
It
he
provided
information
--
which
I
only
saw
afterwards. |\n| 21 | was
confidential.
It
was
kept
in
a
folder
and
I
gave
it
to |\n| 22 | the
board
president,
but
it
was
documentation,
I
believe
that |\n| 23 | was
in
Renminbi
and
that
was
mainly
in
Chinese,
and
sl
that |\n| 24 | I
was
the
first
document
that
was
sent.
The
board
met
on
it |\n| 25 | and
subsequently
asked
for
more
detailed
financial |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n| | INDEX NO. 652077/2017
FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
Page 61 of |\n|---------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| NYSCEF DOC. NO. 331 | RECEIVED NYSCEF: 05/08/2019
126 |\n| | |\n| | 60
by
Ullman
-
for
Plaintiff
-
Direct
Sarnoff |\n| 1 | information
in
U.S.
dollars. |\n| 2 | Q
When
you'submitted
that
application
informarion, |\n| 3 | did
you
understand
that
he
was
purporting
to
own
or
control |\n| 4 | that
information? |\n| 5 | MR.
HARMON:
Objection,
your
Honor. |\n| 6 | understanding
is
not
relevant.
The
documents
for |\n| 7 | themselves.
They
are
all
in
evidence. |\n| 8 | THE
COURT:
That's
sustained. |\n| 9 | Did
Mr.
Kwok
show
the
Sherry-Netherland
any
Q |\n| 10 | information
about
any
assets
he
purported
to
hold
in
the |\n| 11 | United
States? |\n| 12 | A
No. |\n| 13 | Did
he
provide
the
Sherry-Netherl~nd
with
any
Q |\n| 14 | assets
that
he
purported
to
hold
in
his
own
name? |\n| 15 | No.
A |\n| 16 | Do
you
recall
any
other
prospective
Q |\n| 17 | Sherry-Netherland
purchaser,
both
not
showing
assets
in
their |\n| 18 | h
d
I
h
own
name,
and
not
s
ow~ng
assets
~n
t
e
Un~te
States? |\n| 19 | No~
A |\n| 20 | MR.
HARMON:
Objection,
your
Honor. |\n| 21 | Q
So
is
it
fair
to
say
that
-- |\n| 22 | THE
COURT:
There's
an
objection. |\n| 23 | What
relevance
is
that
to
anything? |\n| 24 | MR.
SARNOFF:
Uniqueness
of
his
application, |\n| 25 | and
whether
or
not
the
Sherry-Netherland
found
i~ |\n| | I |\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 62 of 126\n\n| | 61
by
Ullman
-
for
Plaintiff
-
Direct
Sarnoff |\n|----------|--------------------------------------------------------------------------------------------|\n| 1 | necessary,
in
the
light
of
all
-- |\n| 2 | THE
COURT:
You
can
ask
him
what
the |\n| 3 | Sherry-Netherland,
did
but
they
approved
the
purchase. |\n| 4 | MR.
SARNOFF:
Okay. |\n| 5 | Q
Excluding
Mr.
Kwok,
during
your
tenure
at
the |\n| 6 | I
Sherry-Netherland,
has
any
tenant
used
a
double
LLC
structure |\n| 7 | to
buy
an
apartment? |\n| 8 | No.
A |\n| 9 | And
excusing
Mr.
Kwok,
had
any
tenant
ever
used
a |\n| 10 | Q
foreign
LLC
structure
to
buy
an
apartment? |\n| 11 | A
No. |\n| | |\n| 12
13 | Q
You
mentioned
a
minute
ago
that
he
didn't
show
any |\n| | U.S.
assets.
Did
the
Sherry-Netherland
impose
any
palticular |\n| 14 | conditions
or
safeguards
on
his
purchase
as
a
result? |\n| 15 | A
Yes. |\n| 16 | Do
you
recall
what
those
safeguards
were?
Q |\n| 17 | A
Yes.
There
was
a
security
deposit
covering
a |\n| 18 | five-year
period,
for
estimated
maintenance
charges. |\n| 19 | Do
you
remember
what
the
amount
of
the
security
Q |\n| 20 | deposit
was? |\n| 21 | A
It
was
approximately
million.
'\\$3.3 |\n| 22 | Do
you
recall
whether
Mr.
Kwok
was
also
asked
to
Q |\n| 23 | sign
an
occupancy
agreement? |\n| 24 | A
Yes. |\n| 25 | Was
he
also
asked
to
personally
guarantee
the
Q |\n| | I
Lisa
A.
Casey
-
Official
Court
Reporter |\n\n62 **Ullman - for Plaintiff - Direct by Sarnoff** 1 proprietary lease? 2 3 4 A Q A Yes. How was the size of the secure deposit derired? It was derived by the board having a meeting, and I 5 believe it was actually -- 6 7 B MR. HARMON: Objection, has personal knowledge, he's just the board did. And relevance. your Honor. Unless he. testifying abolt what 9 10 11 12 THE COURT: Look, let's not nitpick. ['m not even sure what the relevance of any of this testlmony is. Go ahead. Answer it. 13 A It was -- I sat in the board meeting where, I 14 15 16 17 1B 19 20 21 22 believe it was actually prior to that, the law firm that was dealing with Mr. Kwok's purchase one of the firms, I hhink, offered that, and I believe Mr. Kwok offered that ank the board had discussed what the right amount would be', anld then five years, they thought, was adequate to cover; sincl there were no assets in the U.S., that if Mr. Kwok didn't ply the 'maintenance, we had adequate coverage to protect oursllves. Q Before changing gears, do you recall anythihg about the timeline of Mr. Kwok's application and closing? 23 24 A Q Yes. Did Mr. Kwok put any time constraints on that 25 process? **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 63 of 126\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 64 of\n\n126\n\n**Ullman. for Plaintiff - Direct by Sarnoff**\n\n63\n\n| A | Yes. |\n|---|------|\n| | |\n\n1\n\n2\n\nQ Could you tell us about that?\n\n3 4 A I believe it began in February,. and it had ,0 by March 6th. Having gone back in my notes, I think ~t close was 5 March 6th that it had to close by, or he could cancel a 6 7 .contract, and I think remember hearing, it was it was my understanding, from what I for feng shui reasons, that It had 8 to close.\n\n9 Q Did that type of timing -- was that type of typing 10 typical of applications at the Sherry-Netherland?\n\n11 12 MR. HARMON: Objection, your Honor. What is this relevant to?\n\n13 14 THE COURT: It's not relevant to anything, but go ahead. It's not typical. Okay. Next.\n\n15 Q Had any prospective purchaser asked to close in 16 that short a time?\n\n17 A No.\n\n18 19 Q After Mr. Kwok closed and moved a time what he sought to draw down on his in, did there come. . d I . secur~ty epos~t? 20 A Yes.\n\n21 22 Q A Do you recall when that was, approximately? Within a year of closing,\n\n23 Q Do you recall, roughly, of the 3 million, I think 24 you said \\$3.3 million security deposit, how much he wanted to 25 draw down?\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 65 of 126\n\n64\n\n| | Ullman
-
for
Plaintiff
-
Direct
by
Sarnoff |\n|----|--------------------------------------------------------------------------------------------|\n| 1 | I
believe
it
was
approximately
2.3
million.
A |\n| 2 | And
did
the
Sherry-Netherland
accede
to
that
Q |\n| 3 | request,
to
your
knowledge? |\n| 4 | No.
A |\n| 5 | Q
Has
any
other
purchaser
of
a
Sherry-Netherland |\n| 6 | apartment,
shortly
after
purchasing,
sought
to
withdrlw
their |\n| 7 | security
deposit? |\n| 8 | A
No. |\n| 9 | Did
there
come
a
time
whether
Mr.
Kwok,
or
someone
Q |\n| 10 | acting
on
his
behalf,
inquired
about
transferring
the
title |\n| 11 | of
the
apartment? |\n| 12 | Yes.
A |\n| 13 | What
do
you
recall
about
that?
Q |\n| 14 | A
I
recall
first
that
his
broker,
Kathy
Sloane,
had |\n| 15 | I
approached
me
and
said,
can
they
transfer
the
apartment
to |\n| 16 | his
son,
Mileson
Kwok's,
name. |\n| 17 | Was
it
in
his
name,
or
was
it
in
a
trust
for
his
Q |\n| 18 | name? |\n| 19 | At
the
time
they
didn't
say
to
trust.
They
just
A |\n| 20 | said
they
wanted
to
transfer
it
to
Mileson. |\n| 21 | And
Mileson
is
Mr.
Kwok's
son;
correct?
Q |\n| 22 | A
Correct. |\n| 23 | Did
there
come
a
time
when
you
learned
that
the
Q |\n| 24 | request
was
to
transfer
to
a
trust
for
,Mr.
Kwok's
son? |\n| 25 | A
Yes,
when
I
received
a
letter
from
an
attorhey
in
I |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 66 of 126\n\n- -----------------------------------,-----------\n\n65 **Ullman - for Plaintiff - Direct by Sarnoff** 1 England, I believe a Ms. Mannis, I believe, asking questions 2 on how they could do the transfer. 3 Q And the request was how to set up a transfe~ from 4 Mr. Kwok to Mr. Kwok' s son? 5 6 7 8 A Q A Q Correct. A trust for Mr. Kwok's son? Yes. That's correct. And did the Sherry-Netherland respond to that 9 request? 10 11 12 A Q A Yes. How did the Sherry-Netherland respond? We told them how it could be done, that his son 13 14 15 16 would have to go through the application process and provide all of the documentation that he had provided, that M~. Kwok had provided, when he purchased the apartment, and thly could go through that process. 17 18 19 Q A Q So that was a re-board approval process? That's correct. And that was consistent with the board's standard 20 practice in situations such as that? 21 22 A Q Yes. Did Mr. Kwok every end up submitting a transfer 23 application? 24 25 A Q No. Did he or his representatives make any other I Lisa A. Casey - Official Court Reporter\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n| | 66
Ullman
-
for
Plaintiff
-
Direct
Sarnoff
by |\n|----|--------------------------------------------------------------------------------------|\n| 1 | requests
about
the
apartment
in
the
period
that
followed? |\n| 2 | Not
that
I
recall.
A |\n| 3 | Well,
did
there
come
a
time
when
Mr.
Kwok
inquired
Q |\n| 4 | about
making
his
son
the
contact
person? |\n| 5 | A
Yes. |\n| 6 | MR.
HARMON:
Objection.
Leading.
He
answered |\n| 7 | the
question
that
he
made
no
other
requests. |\n| 8 | THE
COURT:
I'm
sorry? |\n| 9 | MR.
HARMON:
Leading.
The
witness
has
already |\n| 10 | answered
that
Mr.
Kwok
made
no
other
requests.
Now
he |\n| 11 | is
leading
the
witness
into
a
different
answer. |\n| 12 | MR.
SARNOFF:
I
can
show
the
witness
His |\n| 13 | deposition
testimony
to
refresh\"
his
recollectioj,
if
he |\n| 14 | would
like. |\n| 15 | MR.
HARMON:
Deposition
testimony
isn't\"
the |\n| 16 | answer
to
what
he
is
asking. |\n| 17 | |\n| 18 | Q |\n| 19 | A |\n| 20 | representatives
asking
whether
they
could
change
the
contact |\n| 21 | person,
and
could
they
make
it
his
son,
as
the
contaot |\n| 22 | person. |\n| 23 | And
this
was
on
the
heels
of
asking
to
transfer
Q |\n| 24 | title
to
his
son,
in
a
trust
for
his
son;
correct? |\n| 25 | Yes.
A |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n126\n\n67 **Ullman. for Plaintiff. Direct by Sarnoff** 1 2 3 4 5 6 7 8 9 THE COURT: What do you mean by contact person? THE WITNESS: In the apartment, they had contact people. They had administrative people fhat, if we needed to get in touch with them, that's who re should go through. There were a couple of different people, and then they asked if they could change it to his son. THE COURT: Okay. 10 Q Did you have a view as to what Mr. Kwok may have 11 been trying to accomplish in doing that? 12 13 14 MR. HARMON: Objection, your Honor. What his view is, again, is irrelevant. THE COURT: I agree. That's sustained. 15 Q When Mr. Kwok purchased the apartment, did he and 16 Genever execute any agreements with the building? 17 A Other than the occupancy agreement and the security 18 deposit and the -- occupancy, security and personal 19 guarantee, those are the three documents, plus signing the 20 proprietary lease. Q 22 lease? And the Sherry-Netherland signed the proprietary 23 24 A Q That's correct. And Mr. Kwok personally signed the occupancy 25 agreement; correct? Lisa A. Casey - Official Court Reporter\n\n126\n\n68 **Ullman - for Plaintiff - Direct by Sarnoff** 1 2 A Q I believe that's correct; yes. And that was an agreement with the 3 Sherry-Netherland, and that document was in English, and 4 Mr. Kwok signed it; correct? 5 A That's correct. 6 7 Q Do you recall lease and the occupancy 8 do, and if you could pledge your apartment? is not the subject of this action. 9 10 11 12 MR. HARMON: Objection, or not Mr. Kwok's actions violate the relevance. your Honor. Whether . I the proprietar¥ lease I I don't understand 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: I'm sorry? Mr. Kwok purchased the apartment in his own name. MR. HARMON: Y,?s. THE COURT: He signed the proprietary !lease. MR. HARMON: Yes. THE COURT: He signed the occupancy agreement. I He signed the personal guarantee. The rules of the Sherry-Netherland are that you can't pledge the apartment. Mr. Kwok pledged the apartment. Did you find out about that? THE WITNESS: Later, yes. THE COURT: Okay. 25 Q How did you learn about that? **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 69 of 126\n\n68 of 125\n\n| | INDEX NO. 652077/2017
FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
Page 70 of |\n|---------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| NYSCEF DOC. NO. 331 | RECEIVED NYSCEF: 05/08/2019
126 |\n| | 69 |\n| | Ullman
-
for
Plaintiff
-
Direct
by
Sarnoff |\n| 1 | A
When
we
were
served
the
papers
from
O'Melveny
is |\n| 2 | the
first
that
we
knew
that,
that
we
read
that
the
aplrtment |\n| 3 | had
been
pledged. |\n| 4 | And
the
papers
that
you
saw
were
the
papers
that
Q |\n| 5 | Mr.
Kwok
had
signed,
that
his
lawyers
had
sent
in,
too; |\n| 6 | right? |\n| 7 | A
Yes. |\n| 8 | Can
you
direct
your
attention
to
PX
33?
Q |\n| 9 | (Whereupon,
an
exhibit
was
displayed
to
the |\n| 10 | Court.
) |\n| 11 | A
Okay. |\n| 12 | MR.
HARMON:
I
don't
have
a
PX
33
in
my
book. |\n| 13 | That
was
provided
by
your
firm? |\n| 14 | |\n| | MR.
SARNOFF:
It's
your
brief. |\n| 15 | (Whereupon,
a
document
was
handed
to
the |\n| 16 | witness.
) |\n| 17 | Q
I
direct
your
attention
to
page
four,
please.
f'
\",
I |\n| 18 | h
b
MR.
HARMON:
Your
Honor,
t
e
r1e
1S
not
in |\n| 19 | evidence.
He
can't
read
from
a
document
that's
hot
in
I |\n| 20 | evidence,
and
he
can't
authenticate
this
document. |\n| 21 | THE
COURT:
I
don't
have
Exhibit
33. |\n| 22 | MR.
HOPLAMAZIAN:
Your
Honor,
we
have
a
copy |\n| 23 | for
you,
as
well. |\n| 24 | (Whereupon,
a
document
was
handed
to
the |\n| 25 | Court.
) |\n\n-------------------------,----------\n\n70\n\n| | by
Ullman.
for
Plaintiff.
Direct
Sarnoff |\n|----|-------------------------------------------------------------------------------------------------------------------------------------------|\n| 1 | THE
COURT:
We
are
not
going
to
have
questions |\n| 2 | about
a
memorandum
of
law.
Let's
move
on. |\n| 3 | MR.
SARNOFF:
Okay. |\n| 4 | Was
it
your
understanding
that
in
this
case
Q |\n| 5 | Mr.
Kwok,
through
his
brief,
was
representing
to
the
Court |\n| 6 | that
the
apartment
was
pledged? |\n| 7 | MR.
HARMON:
Objection,
your
Honor.
On |\n| 8 | multiple
grounds. |\n| 9 | THE
COURT:
Sustained.
Sustained,
sustained. |\n| 10 | MR.
SARNOFF:
May
I
address
that? |\n| 11 | THE
COURT:
Look,
we
have
already
established |\n| 12 | .11
th
t
M
K
k
h
d
h
d
a
r.
wo
purc
ase
t
e
apartment
an
,
~n
v~o
at~on |\n| 13 | of
his
proprietary
lease,
he
pledged
the
apartmeht,
and |\n| 14 | we
have
established
that
this
witness
learned
abbut
that |\n| 15 | at
a
subsequent
period
of
time,
and
it
has
been |\n| 16 | stipulated
that,
at
le~st
as
of
a
month
ago,
the |\n| 17 | apartment
is
no
longer
pledged. |\n| 18 | Q
Did
you
notify
Mr.
Kwok
that
his
apartment
was |\n| 19 | pledged
in
violation
of
the
Sherry-Netherland
agreemeht? |\n| 20 | A
Yes. |\n| 21 | THE
COURT:
When
did
you
do
that? |\n| 22 | THE
WITNESS:
Shortly
after
we
found
out
that |\n| 23 | it
had
been
pledged. |\n| 24 | THE
COURT:
Okay.
And
when
was
that? |\n| 25 | THE
WITNESS:
I'm
guessing
now,
around |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 72 of\n\n> 71 **Ullman - for Plaintiff - Direct by Sarnoff** 1 2 3 4 5 6 Q THE COURT: Don't guess. Don't guess. THE WITNESS: - - mid 2017. THE COURT: 2017 is your answer? THE WITNESS: Yes. THE COURT: Okay. Did you get a response from Mr. Kwok or Mr. Kwok's 7 counsel -- 8 9 10 11 A Q Yes. -- with respect to the letter? And how did they respond? MR. HARMON: Objection, your Honor. If it's 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in writing, then document has to be offered, and I would argue that the whole -- THE COURT: I'm sorry? MR. HARMON: If we responded in writing, then we ought to have the exhibit, the document, and hot his testimony. I would object to the document, becalse how he responded to the Sherry-Netherland about this subject is just not relevant to the subject that we are here on today. MR. SARNOFF: I'll show you the exhibit, sir. It's exhibit 35. (Whereupon, a document was handed to the witness. ) MR. HARMON: Your Honor -- Lisa A. Casey - Official Court Reporter\n\n126\n\n**Ullman - for Plaintiff - Direct by Sarnoff**\n\n1 2 Q MR. SARNOFF: I would like to mark Exhibit 35. Is that a copy of the written response that the 3 4 5 Sherry-Netherland, and that you, particularly, recei viedin response to your letter to the Sherry-Nether~and, ad~ising them about the inappropriate pledge? 6 7 8 9 10 11 12 A Q Yes. What does the letter say about whether or not THE COURT: The letter -- MR. HARMON: Objection. THE COURT: Are you moving this into ewidence? MR. SARNOFF: Yes. THE COURT: Okay. This is received. It 13 14 speaks for itself. MR. SARNOFF: Okay. 15 Q And it was your understanding that the 16 Sherry-Netherland was being told by Mr. Kwok's counsel 17 18 19 20 21 22 23 24 Q response, THE COURT: I can read. MR. HARMON: Objection, THE COURT: I can read the letter. MR. SARNOFF: Okay. Fair enough. THE COURT: It's in evidence. MR. SARNOFF: Okay. Are you able to reconcile the Sherry-Nether[and's of Mr. Kwok's counsel to the SherrY-Netherllnd, 25 with the position that Mr. Kwok's brief and the Wang Lisa A. Casey - Official Court Reporter\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n#### NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 74 of\n\n| | | 73
Ullman
-
for
Plaintiff
-
Direct
by
Sarnoff | |\n|----|-----------------|------------------------------------------------------------------------------------|--|\n| 1 | affidavit | took
with
respect
-- | |\n| 2 | | THE
COURT:
That's
sustained.
That's | |\n| 3 | | sustained. | |\n| 4 | | MR.
HARMON:
Thank
you. | |\n| 5 | Q | Let
me
just
wrap
up
quickly.
Do
you
have
an
ax
to | |\n| 6 | grind
with | Mr.
Kwok? | |\n| 7 | A | Absolutely
not. | |\n| 8 | Q | Didn't
he
sue
you? | |\n| 9 | A | He
did. | |\n| 10 | Q | Is
that
of
any
impact
on
your
testimony? | |\n| 11 | A | Absolutely
not. | |\n| 12 | Q | Was
your
purpose
coming
here
today
to
try
to
help | |\n| 13 | PAX
LP
to | win
its
motion? | |\n| 14 | A | No. | |\n| 15 | Q | Did
you
volunteer
to
testify
here,
or
were
you | |\n| 16 | subpoenaed? | | |\n| 17 | A | Subpoenaed. | |\n| 18 | Q | Is
that
the
same
with
your
deposition? | |\n| 19 | A | Yes. | |\n| 20 | Q | Did
you
and
I
communicate
in
advance
about
your | |\n| 21 | testimony? | | |\n| 22 | A | No. | |\n| 23 | Q | Did
you
tell
the
truth
today? | |\n| 24 | A | Yes. | |\n| 25 | Q | Let
me
just.
see
if
I
can
summarize
your
testimony
I | |\n| | | Lisa
A.
Casey
-
Official
Court
Reporter | |\n| | | | |\n\n126\n\n| NYSCEF DOC. NO. 331 | INDEX NO. 652077/2017
FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
Page 75 of
RECEIVED NYSCEF: 05/08/2019 |\n|---------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| | 126 |\n| | 74
Ullman
-
for
Plaintiff
-
Direct
Sarnoff
by |\n| 1 | briefly.
I
have
one
ultimate
question
I
would
like
tr
ask |\n| 2 | you,
and
can
you
please
tell
me
if
I've
got
anything
wrong. |\n| 3 | You
testified
he
didn't
show
any
U.S.
assets
or
assetl
in
his. |\n| 4 | own
name;
correct? |\n| 5 | MR.
HARMON:
Objection,
your
Honor.
This
is |\n| 6 | •
just
summarizing
the
testimony
that's
already
in
the |\n| 7 | record.
It's
leading,
it's
-- |\n| 8 | THE
COURT:
That's
sustained.
I've
heard
his |\n| 9 | testimony. |\n| 10 | MR.
SARNOFF:
Okay. |\n| 11 | THE
COURT:
I
don't
need
it
summarized.
Do |\n| 12 | you
have
any
other
questions. |\n| 13 | Did
you
believe
Mr.
Kwok's
behavior
Q |\n| 14 | MR.
HARMON:
Objection. |\n| 15 | with
respect
to
his
apartment
was
typica~?
Q |\n| 16 | MR.
HARMON:
Objection. |\n| 17 | THE
COURT:
That's
sustained
as
well. |\n| 18 | Q
Did
you
ever
form
a
view
about
what
Mr.
Kwokmay |\n| 19 | have
been
trying
to
accomplish
with
the
apartment? |\n| 20 | MR.
HARMON:
Objection. |\n| 21 | THE
COURT:
That's
sustained
as
well. |\n| 22 | Thank
you,
Mr.
Ullman.
Q |\n| 23 | MR.
SARNOFF:
I'll
reserve
any
questions
for |\n| 24 | re-direct. |\n| 25 | |\n| | |\n\n| | | by
Ullman
-
for
Plaintiff.
Cross
Harmon | | 75 |\n|----|----------------------|-----------------------------------------------------------------------|----------|----|\n| 1 | CROSS
EXAMINATION | | | |\n| 2 | BY
MR. | HARMON: | | |\n| 3 | Q | Good
afternoon
Mr.
Ullman. | | |\n| 4 | A | Good
afternoon. | | |\n| 5 | Q | I'm
Mark
Harmon.
We
haven~t
met
before.
I | | |\n| 6 | represent | Mr.
Kwok. | | |\n| 7 | | Mr.
Ullman,
would
you
say
that
Mr.
Kwok's | English | |\n| 8 | is
not
very | good? | | |\n| 9 | A | I
--
yes. | | |\n| 10 | Q | And
especially
it
wasn't
good
several
years | ago. | |\n| 11 | It
may
have | gotten
better,
but
it
certainly | | |\n| 12 | A | It's
gotten
a
lot
better. | | |\n| 13 | | THE
COURT
OFFICER:
Allow
the
question | to
be | |\n| 14 | | completed. | | |\n| 15 | | THE
WITNESS:
Yes. | | |\n| | Q | | | |\n| | A | | | |\n| | Q | | | |\n| | A | | | |\n| | Q | | | |\n| | A | | | |\n| | Q | | | |\n| | that
the | | | |\n| 24 | event
that | a
contract
of
sale
is
to
be
signed
for
the | sale | of |\n| 25 | the
apartment; | is
that
correct? | | |\n| | | Lisa\"
A.
Casey
-
Official
Court
Reporter | | |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 77 of 126\n\n| | 76
Ullman
-
for
Plaintiff
-
Cross
by
Harmon | |\n|----|----------------------------------------------------------------------------------------------------|--|\n| 1 | A
That's
correct. | |\n| 2 | You
were
given
a
copy
of
that
'order
by
the
Q | |\n| 3 | plaintiffs
here;
is
that
correct? | |\n| 4 | A
That's
correct. | |\n| 5 | Q
So
if
you
knew,
as
the
Chief
Operating
Offirer
of | |\n| 6 | the
Sherry-Netherland,
that
Mr.
Kwok
or
Genever
had
entered | |\n| 7 | d
I
1nto
a
contract
of
sale,
would
you
so
a
V1se
the
Court? | |\n| 8 | Yes.
A | |\n| 9 | Because
you
would
want
to
comply
with
that?
Q | |\n| 10 | Absolutely.
A | |\n| 11 | Q
Okay.
Now
you
also
said
that
you
got
served
papers | |\n| 12 | I
that
indicated
to
you
that
Mr.
Kwok
had
placed
a
pledge
on | |\n| 13 | the
apartment;
is
that
right? | |\n| 14 | A
That's
correct. | |\n| 15 | Q
And
isn't
it
true,
Mr.
Ullman,
that
those
papers | |\n| 16 | were
delivered
to
you
before
the
order
was
entered
thit | |\n| 17 | required
Mr.
Kwok
to
give
notice? | |\n| 18 | I
don't
know
the
answer
to
that
question.
A | |\n| 19 | MR.
HARMON:
Your
Honor,
this
will
be
a | |\n| 20 | defendant's
exhibit.
Would
you
like
us
to
start
with
A, | |\n| 21 | or
Defendant's
1?
I
have
them,
but
I
just
need
to
fill | |\n| 22 | in
the
exhibit
number. | |\n| 23 | THE
COURT:
Exhibit
1? | |\n| 24 | MR.
HARMON:
Defendant's,
Exhibit
A
or
1? | |\n| 25 | It's
not
pre-marked. | |\n| | Lisa
A.
Casey
-
Official
Court
Reporter | |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 78 of 126\n\n> 77 **Ullman - for Plaintiff - Cross by Harmon** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I'm just asking your Honor for your preference in how we THE COURT: Did you hand up your exhibit book? MR. HARMON: No, your Honor. We have bne exhibit book, and then these are just for cross. This is - - THE COURT: I'm sorry? MR. HARMON: No, your Honor. THE COURT: Okay. So then I need a copy of the exhibit. MR. HARMON: I'm going to give it to you. THE COURT: Give it to the court officlr. MR. HARMON: We'll make it Defendant's A. (Whereupon, a document was handed to the Court. ) MR. HARMON: Your Honor, may I hand a copy to the witness? THE COURT: Yes. MR. HARMON: Thank you. (Whereupon, a document was handed to the witness. ) 22 Q Mr. Ullman, you have been handed what's been marked 23 for identification as Defendant's Exhibit A. Can you tell us 24 what it is? 25 A It's an email from my assistant to Ira GilbFrt, Lisa A. Casey - Official Court Reporter\n\n78 **Ullman - for Plaintiff - Cross by Harmon** 1 copying me, regarding 2 Q Well, don't tell me what it's regarding. Is there 3 an attachment to the email? 4 5 A Q Yes. Is that attachment a copy of a letter that you 6 signed? 7 8 A Q That's my signature. Yes. In your official capacity as Executive vice 9 President and Chief Operating Officer of the 10 Sherry-Netherland; correct? 11 12 A Yes. MR. HARMON: Your Honor, I offer it as 13 14 15 16 17 18 Defendant's Exhibit A in evidence. THE COURT: Okay. It's received. MR. SARNOFF: No objection. Q Now, Mr. Ullman, would you like to take a look to your first and second paragraph of the letter? That' slpage two of the exhibit. 19 20 A Q Yes. Do you see that the corporation was provided with a 21 copy of the order on June 29, 2018? 22 23 A Q Yes. And approximately two months before that is when 24 the plaintiffs supplied copies of the documents to you about 25 their lawsuit with Mr. Kwok; is that correct? Lisa A. Casey - Official Court Reporter\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n| | | Ullman
-
for
Plaintiff
-
Cross
Harmon
by | 79 |\n|----|--------------------|---------------------------------------------------------------------------------|----|\n| 1 | A | Yes. | |\n| 2 | Q | So
the
answer
to
my
earlier
question
was
whether | |\n| 3 | you
received | the
information
about
the
pledge
before
bhe | |\n| 4 | order
was | entered,
and
the
answer
is
yes. | |\n| 5 | A | Yes. | |\n| 6 | Q | And
you
received
it
from
the
plaintiffs,
is
that | |\n| 7 | correct? | From
the
plaintiffs
in
this
case? | |\n| 8 | A | Yes. | |\n| 9 | Q | I
know
you
gave
a
fair
amount
of
testimony
about | |\n| 10 | the
putting | together
of
the
documents,
amassing
the | |\n| 11 | documents. | I
presume
whatever
financial
information
you | |\n| 12 | received | from
or
on
behalf
of
Mr.
Kwok,
you
turned
ov~r
to | |\n| 13 | the
board. | | |\n| 14 | A | That's
correct. | |\n| 15 | Q | Is
it
fair
to
say
that
there
was
no
informafion | |\n| 16 | that
was | given
to
you
that
you
didn't
give
to
the
board? | |\n| 17 | A | That's
correct. | |\n| 18 | Q | And
then
the
board
reviewed
the
information~ | |\n| 19 | A | That's
correct. | |\n| 20 | Q | And
the
board
then
voted
on
whether
or
not
to | |\n| 21 | accept
Mr. | Kwok
as
a
apartment
owner
at
the | |\n| 22 | Sherry-Netherland? | | |\n| 23 | A | That's
correct. | |\n| 24 | Q | And
the
board
voted
the
first
time
that
the | |\n| 25 | information | was
inadequate;
is
that
right? | |\n\n126\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 81 of 126\n\n| | | by
Ullman
-
for
Plaintiff.
Cross
Harmon | 80 |\n|----|-------------|------------------------------------------------------------------------|------|\n| 1 | A | That's
correct. | |\n| 2 | Q | And
asked
for
additional
information? | |\n| 3 | A | That's
correct. | |\n| 4 | Q | And
additional
information
was
provided? | |\n| 5 | A | That's
correct. | |\n| 6 | Q | The
board
received
it? | |\n| 7 | A | Yes. | |\n| 8 | Q | The
board
voted? | |\n| 9 | A | Yes. | |\n| 10 | Q | The
board
approved? | |\n| 11 | A | Yes. | |\n| 12 | Q | The
board
knew
there
was
a
limited
time
period | that |\n| 13 | Mr.
Kwok | was
giving
in
order
to
approve;
correct? | |\n| 14 | A | Yes. | |\n| 15 | Q | And
they
voted
to
approve
him
as
a
tenant? | |\n| 16 | A | Yes. | |\n| 17 | Q | So
they
.knewhe
had
no
U.S.
assets;
correct? | |\n| 18 | A | Yes. | |\n| 19 | QThey | knew
he
had
no
assets
in
his
own
name; | |\n| 20 | correct? | | |\n| 21 | A | Yes. | |\n| 22 | Q | And
they
approved
him
as
a
cooperative
owner? | |\n| 23 | A | Yes. | |\n| 24 | Q | They
required
a
security
deposit? | |\n| 25 | A | Yes. | |\n\n| | 81
by
Ullman
-
for
Plaintiff
-
Cross
Harmon |\n|-------------------|-----------------------------------------------------------------------------------|\n| Q | Mr.
Kwok
provided
the
security
deposit? |\n| A | Yes. |\n| Q | As
of
this
day,
how
'much
of
a
security
deposit
has |\n| been
used | to
pay
his
maintenance
charges? |\n| A | None. |\n| Q | So
the
person
from
whom
Mr.
Kwok
purchased
the |\n| apartment, | do
you
know
in
what
form
that
apartment
wab
held? |\n| Do
you
know | who
the
owner
was? |\n| A | Yes. |\n| Q | And
who
was
the
owner? |\n| A | It
was
Gilbert
Haroche,
and
I
believe
it
was
in
an |\n| LLC. | |\n| Q | So
the
apartment
was
purchased
from
somebody
who |\n| held
the | apartment
in
an
LLC;
correct? |\n| A | Yes. |\n| Q | And
Mr.
Horvitz,
in
what
capacity
does
he
own
his |\n| apartment? | I trust?
Doesn't
he
own
this
apartment
through
a |\n| A | I
don't
know
the
answer
to
that,
offhand. |\n| Q | There
are
many
people
in
the
Sherry
who
own
their |\n| apartment | through
an
entity;
is
that
correct? |\n| A | Yes. |\n| Q | And
the
Sherry
knew
that
Mr.
Kwok
was
buying
the |\n| apartment | through
an
entity;
correct? |\n| A | Yes |\n| Q | And
they
approved
it? |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n#### 1 A **Ullman - for Plaintiff - Cross by Harmon** Yes. 82 2 Q Now, you said that there came a time when Mr. Kwok, 3 or someone on his behalf, inquired about transferring the 4 apartment to his son? 5 6 A Q Yes. Okay. And so that was an inquiry, How do we go 7 about doing that; is that correct? 8 A Yes. 9 10 Q And the Sherry-Netherland responded. Mr. Kwok how he should go about doing that, if You told I he wanted to 11 do it; correct? 12 13 14 15 16 17 A Q A Q A Q That's correct. And he didn't. That's correct. So nothing ever came of it? That's correct. And you said that. at some time Mileson, that's 18 Mr. Kwok's son, wanted to be the contact person? NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 83 of 126\n\n19 A That's correct.\n\n20 Q Who is the contact person now?\n\n21 A The contact person that I generally use is Brenda. 22 Brenda Tsang, I think is her last name.\n\n,23 Q Not Mr. Kwok?\n\n24 A No.\n\n25\n\nQ Because Brenda speaks English well; correct? I\n\n\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\nB4 **Ullman - for Plaintiff - Cross by Harmon** 1 was, yes. I was on the phone call. 2 3 4 Q And in that board meeting, did Mr. Horvitz make a I presentation about someone who made a personal reference to support Mr. Kwok's application? 5 6 7 B 9 10 11 12 A Q A Q A Q A Q Yes. And that was an architect in Taiwan? Either Taiwan or Hong Kong. I don't remember. Somebody who was known to Mr. Horvitz? Yes. I berieve that's correct. And that person vouched for Mr. Kwok? Very highly. Very highly. And among the other documents that 13 were submitted in connection with the approval process, there \"14 were reference letters; weren't there? 15 16 A Q Yes, there were. And one of the reference letters was submitted by 17 the former Prime Minister of the United Kingdom, Tony Blair; 1B \"is that right? 19 20 21 A Q That's correct. Thank you. MR. HARMON: I have nothing else. 22 RE-DIRECT EXAMINATION 23 BY MR. SARNOFF: 24 25 Q A Mr. Horvitz, I just have two follow up questions. No. I'm not Mr. Horvitz. Lisa A. Casey - Official Court Reporter\n\n85 **Ullman - for Plaintiff - Re-Direct by Sarnoff** 1 2 Q No. Mr. Ullman. Sorry. THE COURT: I'm sorry? 3 4 5 6 MR. SARNOFF: I said Mr. Horvitz. My jrror. Q Mr. Harmon asked you questions about whether other purchasers used an LLC to buy their apartment. Just fO be clear, no one has used a double LLC, and no one has used a 7 foreign LLC. Is that fair? 8 A That's fair. 9 10 11 Q And Mr. Harmon asked you whether you unders~ood that you would receive, that the Sherry-Netherland WOlld receive notice if Mr. Kwok were to enter into a contrlct to 12 sell his apartment; is that correct? 13 14 A Q Correct. But if Mr. Kwok transferred the ownership of the 15 foreign LLC that the ultimate owner, would the 16 Sherry-Netherland necessarily get notice of that? 17 18 A Q We should get notice of it. But as it's set up now, if Mr. Kwok didn't tell 19 you, and went out and did that, would you get notice? 20 That wouldn't be something that happens through the 21 building; would it? 22 A Correct. 23 24 25 THE COURT: I don't understand. An apartment in the Sherry-Netherland can't transfer without lpproval of the Sherry-Netherland board; correct. Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126\n\n| | INDEX NO. 652077/2017
FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
Page 87 of |\n|---------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| NYSCEF DOC. NO. 331 | RECEIVED NYSCEF: 05/08/2019
126 |\n| | 86
Ullman
-
for
Plaintiff
-
Re-Direct
by
Sarnoff |\n| | |\n| 1 | THE
WITNESS:
That's
correct. |\n| 2 | THE
COURT:
So
if
the
owner
of
this
apirtment |\n| 3 | sought
to
transfer
ownership
of
this
apartment,
that |\n| 4 | couldn't
be
accomplished
without
the
approval
of
the |\n| 5 | Sherry-Netherland. |\n| 6 | THE
WITNESS:
That's
correct. |\n| 7 | THE
COURT:
So
what
was
the
response
to
the |\n| 8 | last
question? |\n| 9 | THE
WITNESS:
I |\n| 10 | May
I?
Q |\n| 11 | A
Yeah.
Go. |\n| 12 | Q
The
ownership
structure
is
that
the
New
York
LLC |\n| 13 | that
owns
the
apartment
is
owned
by
a
B.V.I
LLC
that
lwns
the |\n| 14 | New
York
apartment,
that
owns
--
and
Mr.
Kwok
is
the
lltimate |\n| 15 | beneficial
owner. |\n| 16 | Whatf
I
was
asking
was
whether
or
not,
if
Mr.
Kwok |\n| 17 | transferred,
to
some
other
party,
ownership
of
the
B.V.I
LLC; |\n| 18 | the
board
wouldn't
necessarily
know
it.
It
wouldn't
lnvolve |\n| 19 | I
a
new
purchase
or
sale
agreement,
and
he
could
transfer
the |\n| 20 | LLC
ownership
to
a
third
party,
away
from
himself,
an1
it |\n| 21 | wouldn't
be
his
any
more,
even
though
the
SherrY-Nethirland |\n| 22 | I
board
did
not
enter
into
a
new
purchase
or
sale
contract
for |\n| 23 | the
apartment.
That
was
the |\n| 24 | THE
COURT:
I
don't
think
that's
the
witness's |\n| 25 | testimony. |\n\nLisa A. Casey - Official Court Reporter\n\n.\n\n| | 87
Ullman
-
for
Plaintiff
-
Re-Direct
Sarnoff
by |\n|----|--------------------------------------------------------------------------------------------------------------------------------------|\n| 1 | MR.
HARMON:
It's
not. |\n| 2 | A
Go
back
and
ask
me
the
question
again. |\n| 3 | You
would
be
involved
if
the
LLC
in
New
York
were
Q |\n| 4 | to
sell
the
property;
correct? |\n| 5 | A
If
the
LLC,
which
Mr.
Kwok
controls,
sells
the |\n| 6 | apartment,
there
would
be
a
purchase-sale.
Yes. |\n| 7 | Q.
But
if
the
apartment
is
not
involved
in
a
purchase |\n| 8 | 'ore1gn
fl,er,
1S\"1
d'
f
1
b
h
or
sa
e,
ut
t
e
LLC
1nvo
ve
1n
a
trans
1t |\n| 9 | necessar1'I
'ld
'
I
wouldn't
y
come
to
your
attent1on;
wou
1t~ |\n| 10 | No.
A |\n| 11 | THE
COURT:
But
it
wouldn't
be
binding.
There |\n| 12 | can
be
no
transfer
of
an
apartment. |\n| 13 | THE
WITNESS:
Well,
legally |\n| 14 | THE
COURT:
As
far
as
you
understand,
absent |\n| 15 | I
approval
of
the
board
of
directors,
no
unit
of
the |\n| 16 | Sherry-Netherland
can
be
transferred
to
anybody. |\n| 17 | THE
WITNESS:
That's
correct. |\n| 18 | MR.
HARMON:
Can
I
ask
a
few
questions
on |\n| 19 | that? |\n| 20 | THE
COURT:
I
think
I
understand
this,
really. |\n| 21 | It's
not
that
complicated.
Go
ahead.
Ask
your |\n| 22 | questions. |\n| 23 | MR.
HARMON:
Thank
you.
I
will
be
really |\n| 24 | quick |\n| 25 | Mr.
Ullman,
when
somebody
buys
an
apartment
at
the
Q |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 89 of 126\n\n88 **Ullman - for Plaintiff - Re-Direct by Sarnoff** 1 Sherry-Netherland, they are issued. a stock certificate; 2 correct? 3 4 A Q Yes. And the Sherry-Netherland keeps the records of who 5 the owner of that shock certificate is? 6 7 A Q That's correct. And in order for that stock certificate to be 8 transferred to another name, to be re-registered, the 9 Sherry-Netherland has to approve that. 10 A That's correct. 11 12 13 14 Q So if somebody came in and presented *you* with a stock certificate registered in somebody -- transferr~d to somebody else, the Sherry-Netherland would reject that; wouldn't it? 15 16 A Q That's correct. And the Sherry-Netherland would not issue a 17 proprietary lease to that person; correct? 18 19 A Q That's correct. So that the Sherry-Netherland, as far as you are 20 concerned, the owner is Genever, and Genever has the 21 proprietary lease, and that's the Sherry's position; correct? 22 23 24 25 A That's correct. MR. HARMON: Thank *you.* THE COURT: Okay. Next witness. (Whereupon, the witness was excused fr0m the I . Lisa A. Casey - Official Court Reporter\n\n## **Proceedings**\n\nwitness stand.)\n\n1\n\n2 3 4 5 6 7 8 9 10 11 12 13 14 15 MR. HARMON:' Your Honor, I did ~ot wanr to speak out of turn, but I think the next w~tness ~s a presentation of a video deposition of Mr. Horvitl, and perhaps we can save some time if we could submit the transcript that plaintiffs and we have marked with our objections to various portions, and your Honor CfUld read the transcript, and we don't have to take up your time any more than -- THE COURT: No, no, no, no, no. I want to hear the whole case here and now. MR. HARMON: Okay. THE COURT: I don't want to go back ana start reading things, and objections. MR. HARMON: That's fine. 16 17 MS. SEARLES: I just had a question, clarification, because we haven't spoken about for I this 18 19 20 21 22 23 24 before. We designated and cross designated, and there were objections to certain select portions. My question to you is, did you put the cross designations, otr cross designations in that you did not object to? Is ~hiS part of this video presentation. MR. MOSS: We put all of your cross designations in. 25 MS. SEARLES: Okay. And you put all of yours I\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017\n\n# Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 91 of\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126\n\n| | 90
Proceedings | |\n|----|--------------------------------------------------------------------------------------|--|\n| 1 | in,
irrespective
of
objections
on
either
side? | |\n| 2 | MR.
MOSS:
Yes. | |\n| 3 | MS.
SEARLES:
Okay. | |\n| 4 | MR.
MOSS:
Yes.
Everything
you
cross | |\n| 5 | designated
is
in
here,
to
the
extent
--
we
are
not | |\n| 6 | playing
the
whole
thing. | |\n| 7 | Your
Honor,
this
is
Michael
Horvitz.
Michael | |\n| 8 | Horvitz,
you
have
heard,
is
the
Chairman
and
prebident | |\n| 9 | Sherry-Netherland. | |\n| 10 | When
Mr.
Kwok
applied
to
the
board
to
purchase | |\n| 11 | the
apartment
he
submitted
financial
information. | |\n| 12 | Mr.
Horvitz
reviewed
that
financial
information
lnd
he | |\n| 13 | I
recommended
to
the
board
that
they
approve
the
purchase | |\n| 14 | based
on
that
financial
information.
First
I
jubt
want | |\n| 15 | to
walk
through
some
of
his
testimony,
because
I
think | |\n| 16 | it
will
be
more
efficient
than
the
video,
to
just
show | |\n| 17 | you
the | |\n| 18 | THE
COURT:
I
just
want
to
hear
the
testimony. | |\n| 19 | I
don't
want
any
demonstratives.
I've
got
two
flet
of | |\n| 20 | paper
from
the
parties
about
this. | |\n| 21 | MR.
MOSS:
Fair
enough. | |\n| 22 | THE
COURT:
This
is
an
evidentiary
hearing,
so | |\n| 23 | just
present
the
evidence. | |\n| 24 | MR.
MOSS:
All
right.
Mr.
Horvitz's | |\n| 25 | testimony. | |\n| | | |\n\n| NYSCEF DOC. NO. 331 | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
126 | INDEX NO. 652077/2017
Page 92 of
RECEIVED NYSCEF: 05/08/2019 |\n|---------------------|---------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------|\n| | Proceedings | 91 |\n| 1 | (Video
tape
played.) | |\n| 2 | MS.
SEARLES:
I'm
sorry
to
interrupt. | I'm |\n| 3 | having
a
hard
time
--
I
thought
you
said
that
aU | of
the |\n| 4 | designations
and
cross
designations
were
in
the)e, | but |\n| 5 | this
is
not
--
are
you
not
playing
it
in
order? | |\n| 6 | MR.
MOSS:
No.
Everything
you
countered | |\n\ndesignated, we have put in, to the extent we are not playing all of our designations. That would take 45 minutes.\n\nMS. SEARLES: Okay.\n\n7\n\n8\n\n9\n\n10\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n11 MR. MOSS: This is a select clip, and to the extent we are playing something that you counter designated, we are playing your counters.\n\nMS. SEARLES: Okay. The only issue I'm having ~s, thatId' es~gnate d'qu~te a b't~, and' ~t's ~mposs~ , I 'ble for me to figure out what page you are playing hlre. MR. MOSS: Okay.\n\n18 19 MS. SEARLES: I mean, that is clearly started halfway through the day.\n\n20 21 22 MR. MOSS: Okay. I'm happy to -- the page numbers and lines are right there. I'm happy to give you --\n\n23 24 25 MS. SEARLES: I can't see the page number. I can see the line numbers. That may be the issue I'm having.\n\n#### NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126\n\n### **Proceedings**\n\n92\n\n| 1 | MR.
MOSS:
Okay.
It's
page
64,
65,
66
and
67. |\n|----|--------------------------------------------------------------------------------------------|\n| 2 | THE
COURT:
Look,
considering
the
quality
of |\n| 3 | the
firms
involved
here,
I'm
a
little
bit
perPleLed.
If |\n| 4 | you
are
going
to
exhibit
a
deposition,
you
are
gbing
to |\n| 5 | exhibit
everything
that
you
have
designated,
and |\n| 6 | everything
that
they
have
designated,
in
sequence. |\n| 7 | MR.
MOSS:
Yes. |\n| 8 | a;r-e
THE
COURT:
To
the
extent
that
there
I |\n| 9 | ['
11
objections
that
are
asserted
at
the
deposition, |\n| 10 | .1.
rule
on
whether
the
portions
that
you
are
exh~b~t~ng
can |\n| 11 | or
cannot
evidence.
come
into |\n| 12 | MR.
MOSS:
It's
not
quite
right,
your
Honor. |\n| 13 | I
We
both
designated.
It
would
take
probably
an
hour
to |\n| 14 | play
everything
that
we
have
designated.
We.
are
only |\n| 15 | playing
a
10-minute
clip
of
a
portion
of
what
we
have |\n| 16 | designated,
because
it
would
take
too
long
to
play
the |\n| 17 | entire
thing. |\n| 18 | MR.
SARNOFF:
And
everything
that
she |\n| 19 | designated. |\n| 20 | MR.
MOSS:
And
everything
-- |\n| 21 | MR.
HARMON:
Why
isn't
the
transcript
being
-- |\n| 22 | MS.
SEARLES:
My
understanding
was
that
they |\n| 23 | intended
to
offer
everything
that
they
Originallt |\n| 24 | designated. |\n| 25 | MR.
MOSS:
Our
understanding
is
that
all
of
I |\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 94 of\n\n1 2 3 4 5 6 **Proceedings** the testimony that has been designated is in evi~ence. THE COURT: Look, Mr. Horvitz is up at the Sherry-Netherland; right? MR. MOSS: Yes. THE COURT: You could have had him come here; right. 126\n\n7 8 MR. MOSS: Oh, no. He lives in Cleveland. THE COURT: I'm sorry?\n\n9 10 11 MR. MOSS: He lives in Cleveland. He is the president of the board, but he resides and lives full time in Cleveland.\n\n> THE COURT: Okay.\n\n> > MR. MOSS:\n\nMR. MOSS: He is unavailable.\n\nTHE COURT: So he's an out-of-state witness.\n\n16 17 THE COURT: deposition. And therefore, are you playing his\n\nYes.\n\n18 MR. MOSS: Correct.\n\n12\n\n13\n\n14\n\n15\n\n25\n\n19 THE COURT: Have you been able to come to an 20 21 22 23 24 agreement as to how you are going to exhibit the portions of the deposition that you want me to see? MR. MOSS: Well, our understanding was that we have designated it, and your Honor has the designations, so that to the extent there weren't objections, !hat\n\n> would be in evidence. We were only going to Pla~ a I\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 95 of 126\n\n**Proceedings**\n\n94\n\n| 1 | selection
of
that
today,
because
playing
the
entire |\n|----|------------------------------------------------------------------------------|\n| 2 | thing
would,
again,
take
an
hour. |\n| 3 | THE
COURT:
I'm
only
going
to
consider
what
I |\n| 4 | see
in
this
court. |\n| 5 | MR.
MOSS:
Okay. |\n| 6 | THE
COURT:
Those
are
my
rules.
So
go
ahead. |\n| 7 | MS.
SEARLES:
Just
so
that
I
do
not
get
up
and |\n| 8 | interrupt
again,
I
want
to
make
it
clear,
we
havl |\n| 9 | multiple
relevance
objections
to
some
of
this
tebtimOny |\n| 10 | that's
coming
in.
Do
you
want
me
to
-- |\n| 11 | THE
COURT:
Well,
if
they
weren't
asserted
at |\n| 12 | the
deposition
-- |\n| 13 | MS.
SEARLES:
Relevance
is
not
a
deposition |\n| 14 | objection,
so
-- |\n| 15 | THE
COURT:
All
right.
Just
proceed. |\n| 16 | (Video
tape
played.
) |\n| 17 | MR.
HARMON:
Objection,
your
Honor. |\n| 18 | THE
COURT:
I'm
sorry? |\n| 19 | MR.
HARMON:
I
object.
He
is
summarizing
more |\n| 20 | testimony
that's
not
before
you. |\n| 21 | THE
COURT:
Overruled. |\n| 22 | (Video
tape
played.
) |\n| 23 | MR.
HARMON:
Objection,
your
Honor. |\n| 24 | Relevance. |\n| 25 | THE
COURT:
That's
overruled, |\n\n#### **Proceedings**\n\n95\n\n(Video tape played.)\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MR. HARMON: Your Honor, excuse me. Your Honor, in doing this, they have X-ed out Objectibns to form that were made during the course of this teltimOny, so that you don't see them and you don't hear thlem. THE COURT: L00,k I may be m~ss~ng \" somiI th'~ng. I just heard the last witness testify that the apartment is owned by Genever and that it can't be transfelred to anybody other than Genever without the approval bf the h h k d f ' I I, board, so w et er Mr. Kwo rnae up a a~ry ta e ~n some h h k' k' l'bl other context, or w et er Mr. Kwo ~s ta ~ng ~ ert~es . with the truth isn't really relevant to who owns this apartment. (Video tape played.) MR. MOSS: Our next witness is Mr. -- THE COURT: Do you have cross designations for this deposition? MS. SEARLES: Yes. I just wanted to make two quick points. First of all, the objections that I made during the deposition were excised from the video, so\n\nthere were, at least, a couple of objections.\n\n21\n\n22 23 THE COURT: Okay. I would have overruled them all any way.\n\n24 25 MS. SEARLES: And that's fine. I just wanted to make that point for the record.\n\n### **Proceedings**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\n126\n\n| 1 | The
other
part
was,
he
indicated
that
it
was |\n|----|---------------------------------------------------------------------------------------------|\n| 2 | designations
and
cross
designations.
As
you
notlced, |\n| 3 | there
were
no
cross
designations
in
there
becaus~
the |\n| 4 | sections
of
the
testimony
that
he
used
don't
inc~ude
the |\n| 5 | ones
where
we
have
cross
designations,
so
all
of
our |\n| 6 | cross
designations
occurred
at
different
parts
of
this, |\n| 7 | but
he
is
an
unavailable
witness,
so
I
don't
thihk
they |\n| 8 | are
cross
decisions
in
the
normal
sense
for |\n| 9 | completeness.
We
just
designated
our
own
sections. |\n| 10 | THE
COURT:
He
probably
has
the
abilit~
to |\n| 11 | exhibit
anything
you
want
from
the
deposition,
t~ |\n| 12 | --
present
as |\n| 13 | -
-
MS.
SEARLES:
And
I
apologize |\n| 14 | MR.
MOSS:
And
we
offered
that. |\n| 15 | THE
COURT:
as
cross
examination. |\n| 16 | MR.
MOSS:
We
offered
that
in
advance. |\n| 17 | MS.
SEARLES:
No.
I
apologize,
because
when |\n| 18 | you
indicated
that
it
was
going
to
be
-- |\n| 19 | THE
COURT:
Let's
not
squabble
about
who
said |\n| 20 | I
what
to
whom.
If
you
want
to
play
any
portion
of
this |\n| 21 | I
deposition,
you
are
entitled
to
do
so,
and
he
will |\n| 22 | graciously
accommodate
you
by
playing
whatever
pbrtions |\n| 23 | of
the
deposition
you
want
played,
if
any. |\n| 24 | MS.
SEARLES:
Okay.
Give
me
just
one
second, |\n| 25 | Imake
your
Honor,
because
some
of
this
isn't
going
to
as
I |\n| | Lisa
A.
Casey
-
Official
Court
Reporter |\n\n96 of 125\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 97 **Proceedings** much sense without the actual portion that the plaintiffs.have designated. You have, in front of you, you have thj -- THE COURT: I'm not reading anything that isn't presented to me. MS. SEARLES: And that's fine. We'll dust let it be. Thank you. THE COURT: Okay. Next witness. MR. MOSS: We'll call Mr. Kwok. THE COURT: Do we have an interpreter for Mr. Kwok? THE CLERK: Official Court Interpreter, please note your appearance. THE INTERPRETER: Mandarin Chinese Interpreter, first name Tor, T-O-R, last name Huang, H-U-A-N-G. (Whereupon, the Official Court Mandarin Interpreter was duly sworn by the clerk.) K WOK HOW A N, having been duly sworn by the clerk, was examined and testified as follows, with the assis~ance of. the .Official Court Mandarin Interpreter. **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 98 of 126\n\n> 22 23 24 25 THE CLERK: Do you swear or affirm to tell the truth in all the matters before the Court? THE WITNESS: As well, I say, it's true. THE CLERK: Please state your name and\n\n#### **FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 99 of 126\n\n| | Proceedings |\n|----|-------------------------------------------------------------------------------------------|\n| 1 | address. |\n| 2 | THE
WITNESS:
Kwok
Ho
Wan
K-W-O-K
H-O
,
'I
' |\n| 3 | W-A-N.
That's
my
name,
and
I
live
at
781
Fifth
Avenue. |\n| 4 | THE
COURT
OFFICER:
Have
a
seat. |\n| 5 | THE
COURT:
All
right.
I
don't
want
to
waste |\n| 6 | a
lot
of
time.
The
reason
that
we
are
having
thls |\n| 7 | hearing
is
for
you
to
satisfy
your
burden
for
an
order |\n| 8 | of
attachment,
one
element
of
which
is
that
the |\n| 9 | defendant,
with
intent
to
defraud
his
creditors,
to |\n| 10 | frustrate
the
enforcement
of
a
judgment
that
might
be |\n| 11 | rendered
in
plaintiff's
favor,
has
assigned, |\n| 12 | dispossessed,
encumbered
or
secreted
property,
or |\n| 13 | removed
it
from
the
state,
or
is
about
to
do
any
of |\n| 14 | these
acts.
So
if
it's
the
case
that
this
apartment
at
I |\n| 15 | the
Sherry-Netherland
can
never
be
transferred
without |\n| 16 | the
consent
of
the
Sherry-Netherland,
and
the |\n| 17 | Sherry-Netherland
is
on
notice
that
if
there's
any |\n| 18 | attempt
to
sell
it,
you
have
to
be
provided
advahce |\n| 19 | notice,
and
they
can't
transfer
without
Court
apbroval, |\n| 20 | I
don't
think
we
need
a
lengthy
examination
of
Ml.
Kwok. |\n| 21 | I
MR.
MOSS:
Well,
your
Honor,
given
that
-- |\n| 22 | that's
new
information
that
we
heard
for
the
firlt
time. |\n| 23 | THE
COURT:
I'm
sorry. |\n| 24 | MR.
MOSS: |\n| 25 | the
first
time
today, |\n\nLisa A. Casey -\n\n-- -------------------\n\n| | 99
Proceedings |\n|----|-------------------------------------------------------------------------------------------------|\n| 1 | status.
Maybe
it
makes
sense
to
take
our
lunch
break |\n| 2 | earlier,
for
me
try
to
move
through,
edit
my
outline, |\n| 3 | and
try
to
do
a
lot
less
with
Mr.
Kwok
than
I
wal |\n| 4 | I
originally
intending
to
do,
given
that
that's
YOir
view. |\n| 5 | I'm
happy
to
start
now,
but
I
think
I
can
condense
it |\n| 6 | significantly. |\n| 7 | THE
COURT:
All
right.
You
want
to
take
a |\n| 8 | I
lunch
break
now'?
Is
that
what
you're
telling
me'? |\n| 9 | MR.
MOSS:
I
think
that
would
probably
be
less |\n| 10 | of
a
waste
of
time
for
everybody. |\n| 11 | THE
COURT:
All
right.
Because
I'm
not |\n| 12 | ,
d
1n'
wast1ng,
'd
c1,11ent's
1ntereste
you
your
t1me
an
your |\n| 13 | money,
and
I'm
not
interested
in
you
wasting
my
lime. |\n| 14 | MR.
MOSS:
Of
course. |\n| 15 | THE
COURT:
I'll
see
you
back
here
at
two |\n| 16 | o'clock.
Is
that
acceptable'? |\n| 17 | MR.
MOSS:
Sure.
fine,
That's
your
Honor. |\n| 18 | I
THE
COURT:
Is
that
acceptable
with
you,
Paul'? |\n| 19 | THE
CLERK:
Yes.
Thank
you. |\n| 20 | THE
COURT:
Okay.
Is
that
acceptable
to
the |\n| 21 | court
reporter'? |\n| 22 | THE
COURT
REPORTER:
That's
fine.
Thank
you. |\n| 23 | THE
COURT
OFFICER:
tb
2:00
We
are
adjourned |\n| 24 | p.m. |\n| 25 | (Whereupon,
a
recess
was
taken.) |\n\n| | t
100
Proceedings |\n|----|--------------------------------------------------------------------------------------------------------|\n| 1 | *
*
*
*
*
* |\n| 2 | THE
COURT:
right.
In
this
action,
do
the
All |\n| 3 | plaintiffs
propose
to
proceed
on
the
guarantee
that's |\n| 4 | the
subject
of
this
action? |\n| 5 | MR.
MOSS:
Yes,
your
Honor. |\n| 6 | THE
COURT:
And
what
is
the
position
oiE
the |\n| 7 | plaintiffs
with
respect
to
the
piercing
of
the
cbrporate |\n| 8 | veil
issues? |\n| 9 | MR.
MOSS:
Well,
as
your
Honor
has
requested, |\n| 10 | we
have
amended
our
complaint
to
add
the
Genever |\n| 11 | entities. |\n| 12 | THE
COURT:
I'm
sorry? |\n| 13 | MR.
MOSS:
We
have
amended
our
complaint
to |\n| 14 |
d
h
1
add
the
two
Genever
ent~t~es,
an
our
pos~t~on
~s
t
at |\n| 15 | we
pleaded
facts
in
the
amended
complaint
SUfficlent
to |\n| 16 | make
the
claim
for
veil
piercing. |\n| 17 | THE
COURT:
right.
But
you
are
not
All |\n| 18 | propos~ng.
bl'~sh
ve~.I
\"
th'~s
hi.ear~ng.
to
esta
p~erc~ng
at |\n| 19 | 1
MR.
MOSS:
Yes,
we
are,
your
Honor.
We
are |\n| 20 | proposing
to
do
both.
We
have
amended
the
compllint
as |\n| 21 | you've
suggested,
and
as
I
laid
out
in
the
openibg,
veil |\n| 22 | piercing
is
one
of
the
things
that
we
intend
to
~rove |\n| 23 | today. |\n| 24 | MR.
HARMON:
Your
Honor
-- |\n| 25 | THE
COURT:
With
respect
to
the
defendant,
is
I |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 102 of 126\n\n101 **Proceedings** 1 2 3 4 5 it the defendant's position that Mr. Kwok residence in the Sherry-Netherland on the and accurate information? MR. HARMON: Submitted to the Sherry-Netherland? purchased the basis bf true 6 7 8 9 THE COURT: I'm sorry. MR. HARMON: Are you asking whether position is that the information submitted to Sherry-Netherland was true and accurate? 10 11 12 13 14 15 16 THE COURT: MR. HARMON: THE COURT: Mr. Kwok's deposition MR. HARMON: THE COURT: MR. HARMON: Yes. Yes. Therefore, you also claim that testimony was true and acclrate? Yes, your Honor. At the time that it was given. Yes, your Honor. 17 18 THE COURT: And inadvertently pledged the you also contend that Mr. Kwok residence to another ehtity 19 20 21 22 23 24 after this litigation was initiated, and when he realized that he. was not entitled to transfer, pledge, I the residence, he arranged for the pledge to be removed. I MR. HARMON: I don't think I can answer your question the way you asked it. The pledge has blen removed. I don't think I'm in a position to ansLer the\n\nLisa A. Casey - Official Court Reporter\n\nrest of your question, but I do want to be clearl your\n\nI\n\n25\n\n#### **Proceedings**\n\nof 126\n\n102\n\n1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Honor, that plaintiffs have just recently amendea their complaint. The issue has not been joined on the amended complaint. We have not yet begun to conduct discovery on the merits of the claim. Everything has been directed to the question of the attachment, and so I'm I assuming, and I raised this at the last oral argument, I that once this issue was to be set aside as to whether I or not there will be an attachment, or whether the current order of the Court provides more than adkquate protection to the plaintiff, whether or not they have met the attachment standards, that we will get on and start conducting discovery on the merits, and thlt what we have been doing so far is litigating whether ~r not plaintiffs have established entitlement to attachment, but nothing more than that. No ultimate findingb of fact or conclusions on the merits of the case, bkcause we are only dealing with the attachment issue at this tiine.\n\n19 20 THE COURT: veil piercing, won't Well, if the plaintiff establishes that have some impact on whlt 21 orders the Court should consider issuing?\n\n22 23 24 MR. HARMON: So the short answer is of course, but the longer answer is that I don't think the Court has to reach a final determination of whether or not the 25 plaintiffs have established veil piercing in order I to\n\n### **Proceedings**\n\n| 1 | decide
.whether
or
not
the
attachment
is
appropriate
or |\n|----|-------------------------------------------------------------------------------------|\n| 2 | not.
The
standards
for
determining
proof
at
thil
stage |\n| 3 | are
not
the
same
as
the
standards
for
ultimate |\n| 4 | determination,
and
so
I
would
say
that
whatever
rUling |\n| 5 | you
make
regarding
the
questions
now
before
you
would |\n| 6 | not
represent
final
rulings
on
the
merits
of
the
case, |\n| 7 | which
still
is
yet
to
come,
following
our
completion
of |\n| 8 | discovery. |\n| 9 | So
to
be
clear,
your
Honor,
because
of
the
way |\n| 10 | that
your
Honor
phrased
the
reasons
for
conducting
an |\n| 11 | evidentiary
hearing,
it
was
not
our
intention
to
go
into |\n| 12 | detail
in
depth
about
the
veil
piercing
issue.
[ |\n| 13 | understand
that
you
could
grant
the
attachment
wlthout |\n| 14 | making
a
final
determination,
but
we
were
not
hele
today |\n| 15 | prepared
to
put
on
all
of
the
evidence
regarding
veil |\n| 16 | piercing. |\n| 17 | THE
COURT:
All
right.
Do
we
have
any |\n\nTHE COURT: All right. Do we have any estimated time of arrival of the interpreter?\n\n18\n\n25\n\n19 20 21 22 THE CLERK: No. Just that one was ordered at about 1:00 in the afternoon, and they are coming from the Bronx. They were ordered, I got the email, at 12:51 p.m.\n\n23 24 THE COURT: Okay. So we shouldn't have to wait too much longer.\n\n> Let me ask the plaintiff, as a practical . I\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 105\n\n104\n\n| of 126 |\n|--------|\n| |\n\n**Proceedings**\n\n1\n\nmatter --\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\nMR. MOSS: Yes, your Honor. THE COURT: -- how are you better off if an attachment is issued, which is purely discretionary?\n\nMR. MOSS: Better off than with the nOfice order in place? Your Honor, better off between fhe attachment or the notice order? Is that the question? THE COURT: Yes.\n\n9 10 11 MR. MOSS: I think that the main problem, or one of the main problems, with the notice order ks that under the notice order, Mr. Kwok -- I have it ribht 12 here has to provide us with immediate written notice 13 14 15 16 17 once he already has a contract for sale, or assignment of the residence. So at that point, he has alrekdY agreed to sell it to somebody. They may have a flaim against the apartment, even if the Sherry-Netheriand doesn't approve it.\n\n18 19 20 21 22 23 24 25 Second, it doesn't apply to transfers if Genever, and I know the Court -- and I understana, as a practical matter, if Genever -- that there are tLo Genever entities on top of the apartment. If oni of those, or both of those, are transferred, then tLiS I order doesn't apply to that. The Sherry-Netherland I wouldn't know about that. In fact, the apartment the Genever entities, their assets, which include thi I\n\n### **Proceedings**\n\n| 1 | apartment,
have
been
pledged
during
this
case,
and |\n|----|------------------------------------------------------------------------------------------|\n| 2 | nobody
knew
about
it.
So
if
.the
order
were
broarened
to |\n| 3 | include
transfers
of
the
Genever
entities,
PledgjS, |\n| 4 | assignments,
sales,
and
done.
so
before
the
transfer, |\n| 5 | that
would
take
care
of
one
of
the
problems. |\n| 6 | The
other
problem
is
the
Zhang
Wei
testimony. |\n| 7 | The
testimony
is
that
Mr.
Kwok
has
said
he
doesn't
own |\n| 8 | the
apartment,
somebody
else
does,
Zhang
Zhjng
Wei,
Wei |\n| 9 | is
the
one
who
pledged
it,
and
Zhang
Wei
can
apparently |\n| 10 | do
whatever
he
wants
with
the
apartment.
So
the
concern |\n| 11 | is
that |\n| 12 | THE
COURT:
No,
no,
no.
The
legal
owner
of |\n| 13 | I
I
the
apartment
is
the
Genever
LLC,
which,
as
understand |\n| 14 | I
it,
is
a
sole
member
LLC
owned
by
Mr.
Kwok;
correct? |\n| 15 | MR.
MOSS:
Well,
it's
a
little
-- |\n| 16 | THE
COURT:
And
then
the
Genever
entity
is,
in |\n| 17 | turn,
owned
by
another
Genever
LLC. |\n| 18 | MR.
MOSS:
And
Mr.
Kwok
owns
that
one. |\n| 19 | THE
COURT:
And
Mr.
Kwok
is
the
sole
member
of |\n| 20 | that
one. |\n| 21 | MR.
MOSS:
Correct,
your
Honor. |\n| 22 | THE
COURT:
So
the
only
entity
that
can |\n| 23 | transfer
ownership
of
the
apartment
is
the
Genevlr |\n| 24 | entity
that
holds
title;
correct? |\n| 25 | MR.
MOSS:
That
should
be
the
case. |\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 107 of 126\n\n| Proceedings |\n|-------------|\n|-------------|\n\n1 Honor. 2 3 title to THE COURT: , And the Genever entity that owns the apartment can only transfer it witd the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval of the board of directors of the Sherry-Netherland; correct. MR~ MOSS: Well, the Genever entity, the New York'entity that owns the apartment, is controlled by the British Virgin Islands entity. THE' COURT: I get all of that. But tHe title to the apartment is in the Genever entity. MR. MOSS: Yes. THE COURT: That is in New York, and is listed on the records of the Sherry-Netherland as the owner of the apartment. MR. MOSS: Correct, your Honor. THE COURT: And that entity can't sell the apartment without giving notice; correct? MR. MOSS: Well, the current order is ihat - the defendant which, at the time that this was entered, we hadn't amended, so it was Mr. Kwok must provife -- THE COURT: Okay. So at a minimum, I have to amend the prior order precluding Mr. Kwok, Genevlr New York, and Genever B.V.I. from transferring, assi6ning or pledging the apartment without giving you notice, and the Court will so order that, and we'll prepare an order I\n\n---\\_.\\_--------\n\n# **Proceedings**\n\nNYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019\n\nof 126\n\n107\n\nto that effect.\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n20\n\nNow, assuming that order is entered before the sun goes down today, why do you need an attachment, assuming all of the following: Mr. Kwok denies rhe existence of the debt owed to the plaintiff -- and this is assuming, without deciding any of these thingls.\n\nMR. MOSS: Of course, your Honor.\n\n8 9 THE the residence COURT: Assuming that Mr. Kwok purchased under false pretenses; assuming thlt some 10 11 12 13 14 15 16 17 18 19 mysterious Chinese political prisoner, Zhang Wei, W-E-I, controls Genever; assuming, without deciding, that Mr. Kwok lied about a potential pledge of the relidence to another entity after this litigation was initlated; assuming, without deciding, that Mr. Kwok lied ar his deposition, that he never attempted to assign the residence to his son; and assuming, without deCibing, that Mr. Kwok was improperly directed by counsel not to answer questions regarding.his intent to sell the residence.\n\nHow are you prejudiced?\n\n21 22 23 24 25 MR. MOSS: Other than -- I don't t~ink we are, your Honor. Obviously, we would prefer the attachment. It's a property interest. We think that we have met, and can meet, the burden, but if that's how your Honor wishes to proceed, you know, I don't have --\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 109 of 126\n\n### **Proceedings**\n\n1 2 3 4 THE COURT: I haven't decided facts, but I am going to issue an order I just indicated, and does that obviate to proceed to any of those along tJe lines the need for us 5 6 MR. SARNOFF: May I question? Would we therefore also just ask one related assume that the motion is 7 8 sort of suspended, and we can renew it at such time as any of those -- 9 10 THE COURT: Well, prejudice to you seeking an of course this is wiihout attachment if and when you 11 12 13 14 15 16 17 18 19 get notice of any intent by any of the three persons or entities that I've just identified to sell, pledge, assign or otherwise transfer the residence. MR. SARNOFF: I think under those conditions, your Honor, we would be amenable to such an orde~ and to the suspension or withdrawal, at this point, of bur attachment m9tion. THE COURT: Okay. Now, do defendants have a problem with any of this? 20 21 MR. HARMON: solved the problem, I If I thought that that would have will have suggested it a lbng time 22 23 24 25 ago, so the answer is no, I have no problem with it. I do want to be clear, however, that the without prejudice to renew the attachment is not just whenever the~ feel like it, or whenever they think they have more e~idence,\n\nof 126\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\nTHE COURT: I don't going to reveal in this case, complaint know what discover¥ is based on the amendLd\n\nMR. HARMON: But your Honor --\n\nTHE COURT: -- and I don't believe thai the plaintiffs poc~ets are deep enough to come running back here seeking an attachment unless they have some greater basis for doing so than they presently have.\n\n11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HARMON: I think you would be surprised, and I said this at the last oral argument, I didh,t know why they made the second application, given the lelief that your Honor had fashioned for them in the filst I application, which was relief they hadn't even asked for. So I didn't understand the need for the se~ond application, and if somebody had said to us, Weli, let's include the entities, we would have said fine. kt's an I injunction. We'll abide by the injunction. So that's why I'm saying, I just want to be clear that we lre I going to move from here to merits discovery, so we can get on with trying to deal with the issues that lre the heart of the case and not just whether or not thiy will I be able to 'collect against the Sherry apartment if and when they ever get a judgment.\n\nLisa A. Casey - Official Court Reporter\n\n,\n\n**FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 440-15 Filed 05/25/22 Entered 05/26/22 15:30:37 Page 111 of 126\n\n> 1 110 THE COURT: But they don't have a judgment. 2 3 4 5 MR. HARMON: Exactly. THE COURT: All right. To simpler, and to avoid an application the order that' I'm going to enter is make this eren for any attachment, going to aliso 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 require the defendants to give notice if Genever New York or Genever B.V.I. wishes to sell or transfe~ any of its assets. So B.V.I. can't sell --'I'm sorry benever , I B.V.I. can't sell Genever New York to another LLC without giving notice. MR. HARMON: That's fine. MR. SARNOFF: And cannot pledge it, either. And also cannot pledge it. THE COURT: Yes. Right? So are we done? MR. MOSS: I think we are. MR. SARNOFF: Yes, your Honor. Thank you. MR. MOSS: Thank you. THE COURT: Okay. Have a nice afternoon and a nice weekend. MR. MOSS: You too. Thank you. 21 \\* \\* \\* \\* \\* \\* 22 23 24 25 Certified to be a true and accurate e above-entitled m tter.\n\nSenior Court Reporter Lisa A. Casey - Official Court Reporter\n\n| Case 22-50073 | Doc 440-15
Asia v. | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Filed 05/25/22 | Entered 05/26/22 15:30:37 | Page 112
RECEIVED NYSCEF: 05/08/2019 |\n|-------------------------------------------------------|----------------------------|--------------------------------------------------------------------|----------------------------|-----------------------------------------|\n| Pacific Alliance
NYSCEF DOC. NO. 331
Kwok HoWan | | of 126 | | April
26, 2019 |\n| | | | | I |\n| | address
(10) | 58:18;67:14 | 18,22;39:2,11,14,19; | April (2) |\n| | 17:4,6;20:3,6,7,8, | agreed
(3) | 40: 18;41 :21 ;43:5,7; | |\n| \\$ | | | | I 49:7;51:
14 |\n| | 12;56: 10;70: 10;98: I | 12: 14;21 :6; I04: 15 | 44:4,6,7;46:3;55:4, | architect
(I) |\n| \\$3.3 (2) | addresses
(I) | agreement
(12) | 18;56: 12;57: 17; | I 84:6 |\n| 61:21;63:24 | 16:8 | 7:11;11:11;45:16; | 58: 12;59:7;61
:7,10; | argue
(I) |\n| \\$60 (3) | adequate
(3) | 61 :23;67: 17,25;68:2, | 64:6,11,15;65:15; | 71-13 I
I |\n| | 62: 18,20; 102:9 | 7,18;70: 19;86: 19; | 66: 1;67:3, 15;68:8,14, | -
argued
(2) |\n| 21 :2;22:4,23 | | | | |\n| | adjourned
(I) | 93:20 | 21,21 ;69:2;70:6,12, | I
16:21;45:12 |\n| A | 99:23 | agreements
(I) | 13,17,18;74:
15,19; | argument
(6) |\n| | administrative
(I) | 67:16 | 75:25;76:
13;79:21; | I 24:21;44:2,16; |\n| abandon
(2) | 67:4
- | ahead
(7) | 81:7,7,13,14,17,17, | :
45:21;102:6;109:12 |\n| 49:21;51:3 | administrator
(5) | 29: 15;34:7;62:
12; | 20,23;82:4;83:2; | arguments
(2) |\n| | 27:3,4;39:7;42:6; | 63: 14;66: 17;87:21; | 85:5,12,23;86:2,3,13, | |\n| abide (I) | | | | I 32:14,16 |\n| 109:19 | 47:1 | 94:6 | 14,23;87:6,7,12,25; | around
(4) |\n| ability
(I) | admissible
(I) | akin (I) | 90: 11 ;95:7,13;98:
14; | 20:23;48:25;55:
19; |\n| 96:10 | 26:20 | 56:25 | 104: 16,21,24;
105: I, | 70:25 |\n| | admitted
(3) | Alliance
(I) | 8,10,13,23;
106:3,7, | I
arranged
(I) |\n| able (5) | 12:22;24:
10;41: 17 | | | |\n| 31: 19;49:8;72:23; | | 2:2 | 10,14,17,24;
109:24 | I 101:21 |\n| 93:19;109:24 | admonitions
(I) | allow (3) | apartment's
(2) | arrested
(I) |\n| absent
(I) | 13:19 | 8:20;66: 17;75: 13 | 30: 14;98:25 | I 48:17 |\n| 87:14 | adult
(I) | almost
(3) | apologize
(3) | arrival
(I) |\n| | 50:24 | 20:11;47:3;52:23 | 41:9;96:13,17 | I
103: 18 |\n| absolutely
(4) | advance
(3) | along (3) | | |\n| 5:20;73:7,11;76:10 | | | apparently
(I) | Asia (I) |\n| abuse
(2) | 73:20;96:
16;98: 18 | 34:6;56:
17; 108:2 | 105:9 | I 2:2 |\n| 4:16;14:21 | adverse
(I) | amassing
(I) | appear
(2) | aside (I) |\n| accede (I) | 54:6 | 79:10 | 14:8;50: 13 | I 102:7 |\n| | adversely
(I) | amazing
(I) | appearance
(I) | asserted
(2) |\n| 64:2 | 9:8 | | | |\n| accept (2) | | 58:15 | 97:13 | I 92:9;94:
II |\n| 14:6;79:21 | advise
(I) | amenable
(I) | appearances
(2) | asset (2) |\n| acceptable
(3) | 76:7 | 108:15 | 2:4,11 | I 7:2;24: 17 |\n| 99: 16,18,20 | advising
(I) | amend
(I) | application
(13) | assets (16) |\n| | 72:4 | 106:22 | 7:22;57:
12;59: 13; | I 6:8,9,20;
II :25; |\n| access (I) | affidavit
(41) | amended
(8) | | |\n| 20:9 | | | 60:2,24;62:22;65:
13, | , 37:3;60:10,14,17,18; |\n| accommodate
(I) | 5: 17;23:2,12,18; | 100: 10,13,15,20; | 23;83:23;84:4; | 61:13;62:19;74:3,3; |\n| 96:22 | 25:8,9,12,14;26:20, | 102: 1,2; 106:20; | 109:13,15,17 | 80: 17,19; 104:25
I |\n| accomplish
(2) | 23,25;27:
1,17;28:24; | 109:4 | applications
(2) | assign (3) |\n| | 31: 10;35:7,23,25; | America
(2) | 58:12;63:10 | |\n| 67:11;74:19 | | | | I 6:25;107:15; |\n| accomplished
(2) | 36:2,3,6,8;40:11,16; | 49:4;51:
14 | applied
(2) | 108: 13
I |\n| 32: 19;86:4 | 41: 15, 15,23;42: 1,2; | American
(2) | 59:6;90:10 | ~ssigned
(I) |\n| accurate
(3) | 44: 12, 16;46: 10, 12, | 14: 15;47:5 | apply
(2) | I 98:11 |\n| 101:3,9,13 | 21 ;53:7,9,15,25; | Americans
(I) | 104: 18,23 | assigning
(I) |\n| | 54: 10,20;73: I | 15:12 | approach
(I) | |\n| across (I) | | | | I 106:23 |\n| 6:19 | affidavits
(I) | among
(2) | 17: 12 | ~ssignment
(I) |\n| acting (2) | 42:4 | 52:4;84: 12 | approached
(I) | I 104: 13 |\n| 3:25;64: 10 | affirm
(I) | amount
(4) | 64:15 | assignments
(I) |\n| action (4) | 97:22 | 3:20;61: 19;62: 17; | appropriate
(2) | I 105:4 |\n| | afternoon
(3) | 79:9 | 45:12;103:1 | assistance
(I) |\n| 3:19;68:11;100:2,4 | 75:3,4;103:20 | and/or (I) | | |\n| actions
(I) | | | approval
(II) | I 97:20 |\n| 68:10 | afterwards
(2) | 46:1 | 6:7;7:23;58:14; | ~ssistant
(2) |\n| acts (I) | 27:23;59:20 | answered
(3) | 65: 17;84: 13;85:24; | I 5: 14;77:25 |\n| 98:14 | Again (IS) | 10:8;66:6,10 | 86:4;87:
15;95:9; | associates
(I) |\n| actual
(2) | 4:21 ;26:8;37:6; | anymore
(I) | 98: 19; I06:4 | I 11:24 |\n| | 41 :9,25;43:4;45:20; | 43:8 | approve
(6) | |\n| 44:9;97:
1 | | | | assume
(I) |\n| actually
(9) | 47: I ;51: 1,1, I ;67: 13; | apartment
(129) | 7:21;80:13,15; | I 108:6 |\n| 3:8;8: 12;23:25; | 87:2;94:2,8 | 4:2;5:23;6:2,12,25; | 88:9;90:
13; 104: 17 | assuming
(9) |\n| 41: I0,23;43:8;54:17; | against
(2) | 7:9,13;8:21;
10:20; | approved
(5) | 102:6;
I07:2,4,6,8, |\n| | 104:16;109:24 | 14:2,3,11,12;15:3; | | |\n| 62:5,14 | | | 61:3;80:10,22; | 9,11,14,16
1 |\n| add (2) | ago (7) | 18:25;19:4,17;20:20, | 81 :25;83:24 | asylum
(I) |\n| 100:10,14 | 7: 19;42:3;55:20; | 24;23:8;27:11,18,22; | approving
(I) | 114:17 |\n| | | 28:7,15,17,18,19,23; | 58:12 | ~ttach
(2) |\n| | 61: 12;70: 16;75: 10; | | | |\n| addition
(I) | | | | |\n| 4:12 | 108:22 | 29:4,6,9,17;30:7,17; | approximately
(4) | I 23:8;24:21 |\n| additional
(2) | agree (5) | 32:21 ;33:2,9,10,
12, | 61 :21 ;63:21 ;64: 1; | attached
(3) |\n| 80:2,4 | 9:21; 14:5;49:21; | 13,21 ;34: 19;37: 16, | 78:23 | I 6:23;40:
15;41: 15 |\n\nMin-U-Scl'ipt@\n\n(I) \\$3.3 - attached\n\n| | | | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | INDEX NO. 652077/2017 |\n|---------------------|----------------------------------------------|------------------------------|--------------------------------------------------|--------------------------------|------------------------------------------|\n| NYSCEF DOC. NO. 331 | Case 22-50073
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 113
RECEIVED NYSCEF: 05/08/2019 |\n| | Kwok Ho Wan | | of 126 | | April 26, 2019 |\n| | | | | | |\n| | attachment
(34) | 54:11,18,22;90:14; | board's
(I) | buys (I) | I 8:24;75: II |\n| | 2:25;3: 17,22,23; | 109:4 | 65:19 | 87:25 | certificate
(4) |\n| | 4:24;5: 15,18;8: 18; | basic (I) | book (6) | BVI (8) | I 88:1,5,7,12 |\n| | 9:2;10:14;11:21; | 10:II | 12:19;41:13,14; | 34: 16, 17,23;45:9, | chairman
(2) |\n| | 13:21;24:6;25: 15; | basically
(2) | 69: 12;77:3,5 | 12;86: 13, 17;106:23 | I 58:10;90:8 |\n| | 44: 18;46: 15;78:3,5; | 31:18;59: 17 | both (6) | | chairperson
(I) |\n| | 98:8; 102:5,8, 11,14, | basis (2) | 10:22;22: 13;60: 17; | C | I 57:24 |\n| | 17;I03: 1,13;104:4,7; | 101:2;109:10 | 92: 13;100:20; I04:22 | | challenge
(2) |\n| | 107:3,22; 108: 10,17, | began
(I) | bottom
(I)
, | call (4) | I 13:13;14:21 |\n| | 24;109:9 | 63:3 | 20:17 | 16:22;66: 19;84: I; | change
(3) |\n| | attempt
(I) | beginning
(I) | bought
(I) | 97:9 | I 51: 10;66:20;67:7 |\n| | 98:18
attempted
(I) | 51:22 | 14:II | came (11) | changing
(I) |\n| | 107:15 | begun (I) | boyfriend
(2) | 33:2;48:7,8;49:8, | I 62:21 |\n| | attempts
(I) | 102:3
behalf
(7) | 50:1,4
breached
(I) | 25;51: 14,21 ;52:22; | charge
(2) |\n| | 4:2 | 19:3,16;23:4,5; | 7:10 | 82:2,15;88:11
camera
(I) | I 40:22,25
charges
(2) |\n| | attend
(I) | 64: 10;79: 12;82:3 | break
(2) | 50:22 | |\n| | 27:25 | behavior
(2) | 99:1,8 | can (57) | I 61:18;81:4
chase (I) |\n| | attention
(8) | 9:12;74:13 | Brenda
(4) | 9:16,20;12:25; | I 6:19 |\n| | 20: 16;26:6;28:24; | behind
(I) | 82:21,22,25;83:
I | 14:10;15:11,13,13; | Chief(3) |\n| | 40: 14,21;69:8, 17; | 56:17 | brief (5) | 24: 13, 15;25:4,7, I0; | I 56:23;76:5;78:9 |\n| | 87:9 | Beijing
(4) | 5:8;69: 14,18;70:5; | 26:6,9,16,18;27:2,15, | China
(11) |\n| | attorney
(7) | 33: 10,12;48:7,8 | 72:25 | 16;28: 17,20;31 :5; | 14:17, 19,24; 15:9; |\n| | 27: I;28:9;33: 19; | beneficial
(I) | briefed
(I) | 34:4,5;40: 10;42:23; | 48:25;49:2,2,9,10; |\n| | 42:9;46: I;58:8;64:25 | 86:15 | 3: I | 43: 17;46:7, 18;47:25; | 50:13,15 |\n| | audio (3) | best (I) | briefing
(I) | 52:23;59:3;61 :2; | Chinese
(17) |\n| | 11:22,22; 12:5 | 9:12 | 4:10 | 64: 15;66: 12;69:8; | 14:18,20;20:9; |\n| | authentic
(2) | betray
(2) | brieny
(5) | 72: 17,19;73:25;74:2; | 30:25;35: I0;42: 15; |\n| | 12:4,21 | 49:20,20 | 5:11;7:17;11:4; | 77:23;83: 17;87: 12, | 47:2;48: 18;49: 16; |\n| | authenticate
(I) | better
(7) | 16:15;74:1 | 16,18;89:5;91 :24; | 50:6,14,20,25;59:23; |\n| | 69:20 | 48:2;75: 11,12,16; | briefs (2) | 92: 10;98: 15;99:5; | 75:20;97: 14; 107: 10 |\n| | authenticity
(3) | 104:3,5,6 | II :5,6 | 101:22; 105:9,22; | choice (I) |\n| | 12:6; 13:13;43:20 | big (I) | bring (3) | 106:3; 107:24; 108:7; | I 47:2 |\n| | available
(I) | 7:10 | 15:21;58:17,18 | 109:21 | Citizen
(I) |\n| | 8:3 | bigger
(I) | British
(I) | cancel
(I) | I 14:15 |\n| | Avenue (I) | 50:24 | 106:8 | 63:5 | City (2) |\n| | 98:3 | biggest (I) | broadened
(I) | capacity
(2) | I 51:12;59:1 |\n| | avoid (4) | 6:16 | 105:2 | 78:8;81:16 | claim (4) |\n| | 5:15;11:15;44:13; | bills (2) | broker
(3) | caption
(I) | 1100:16;101:12; |\n| | 46:15 | 52:17,21 | 19:1;58: 16;64: 14 | 11:23 | 102:4;104:15 |\n| | aware
(I) | binders
(I) | Bronx (I) | care (2) | clarification
(3) |\n| | 75:22 | 43:21 | 103:21 | 13:18;105:5 | I 19:13;32: 10;89: 17 |\n| | away (2) | binding
(I) | brother
(5) | case (22) | clear (18) |\n| | 42:24;86:20 | 87:11 | 48~14,17;50: 10, 12, | 4:1;9:2;10:8; | 5:4;9:18;12:15; |\n| | ax (I) | bit (6) | 19 | 12:II; 16:II ;23:2,20; | 17:3;22:3;24:4; |\n| | 73:5 | 47:7;51: 10;52:25; | brothers
(2) | 28:9;31: 19;33: 15,17; | 33:22;41 :25;45:5,17; |\n| | 8 | 56: 16;91: 15;92:3 | 18:7;48:20 | 47: 18;70:4;79:7; | 55':3;56: 10;85:6; |\n| | | bite (I) | build (I) | 89:11;98:14;102:16; | 94:8; 101:25; I03:9; |\n| | | 15:15 | 52:12 | 103:6;105:1,25; | 108:23;109:20 |\n| | back (15) | Blair (I) | building
(4) | 109:4,23 | clearly
(2) |\n| | 15:14;19:11;48:2, | 84:17 | 6: 12;58:20;67: 16; | caselaw
(I) | I 38:7;91:18 |\n| | 7,8;49:9;50: 15,16; | blank
(2) | 85:21 | 9:18 | CLERK
(IS) |\n| | 51:21;52:23;63:4;
87:2;89: 13;99: 15; | 30:23,23
board
(36) | burden
(2) | cases (4) | 2:1,11;17:2,3,7; |\n| | 109:8 | 7: 18,23;57: 16,21; | 98:7;107:24
business
(3) | 4:4,20;5:2;24:
18 | 56:8,9,13;97: 12, 18, |\n| | background
(4) | 58:11,19,22;59:15, | 15:9;18:11;57:9 | casual
(I) | 19,22,25;99: 19; |\n| | 39:9;47:4,16;58:6 | 22,24;62:4,8,13,17; | businesses
(I) | 25:25 | 103:19 |\n| | bad (I) | 79: 13,16, 18,20,24; | 18:4 | Cause
(I) | Cleveland
(5) |\n| | 53: 19 | 80:6,8, I0, 12;83 :22, | buy (5) | 3:19
CEO (I) | 17:18;58:9;93:7,9, |\n| | barrier
(2) | 23,25;84:2;85:25; | 6:11;10:20;61:7, | 7:17 | 11
client(4) |\n| | 14:25;31:2 | 86: 18,22;87: 15; | 10;85:5 | certain
(2) | |\n| | based (8) | 90: 10, 13;93: 10; | buying
(I) | II :25;89: 19 | I 5:3;8:23;58: 17, 18
client's
(I) |\n| | 6: 17;15:8; 16:4; | 95:10;106:4 | 81:22 | certainly
(2) | |\n| | | | | | I 99:12 |\n\nMin-U-Script@ I\n\n(2) attachment - client's\n\n- ----\n\n| FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM
Case 22-50073
Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
NYSCEF DOC. NO. 331
Pacific Alliance
Asia v.
of 126
Kwok HoWan
Clinic (I)
concerning
(I)
4: 16;50:6;60:3
14,15;28: 12, 13;29:2,
58:9
32:21
controlled
(I)
6,11,13,15,20;30:21;
clip (5)
concession
(I)
106:7
32:11,14;34:7;35:7,
10:5;11:22;13:10;
21:6
controls
(4)
16;37:8;38: 19,25;
91:11;92:15
conclusions
(I)
8: 15;10:21;87:5;
40: 13;41: 12,19,21;
clips (3)
102: 16
107:11
43: 11,23;44:20,25;
9:3;10:4;13:5
condense
(I)
convenience
(3)
45:24;46:9,11,13,17;
close (5)
99:5
21:16,19,22
50: 13;51 :4,6;53:4,
I
45: 10;63:3,5,8,15
condition
(I)
conversation
(3)
10;54:6,24;55: 15,22,
closed (I)
58:19
26: 1;38:24;39: I
25;56:3;58:
15,25;
63:18
conditions
(2)
conversations
(I)
59:3;60:8,22;61
:2;
closing (2)
61:14;108:14
38:23
62:9;63: 13;66:8, 17;
62:22;63:22
conduct
(I)
COO (2)
67: 1,9, 14;68: 13,16,
colleague
(4)
102:3
6:6;57: 11
18,24;69: 10,21 ,25;
42: 15;47:3,8;52:20
conducting
(2)
co-op (I)
70:1,5,9,11,21,24;
collect (13)
102:12;103:10
59:1
71: 1,3,5, 14;72:8, 10,
27:5;28:3;31:13;
conCer (I)
cooperates
(I)
12,17,19,21 ;73:2;
39:8;42:7,13,18;52:2,
16:1
10:1
74:8,11,17,21;75:13,
4,13,14;54: I; 109:24
confidential
(I)
cooperative
(2)
23;76:7,23;77:3,7,9,
collected
(2)
59:21
15:7;80:22
12,12,15,18;78:
14;
42:5;54:9
confirm
(I)
copies (I)
85:2,23;86:2,7,24;
collecting
(2)
5:21
78:24
87:11,14,20;88:24; | Page 114
RECEIVED NYSCEF: 05/08/2019
April 26, 2019
98:25;102:9;
106:18
.currently
(I)
I 51: 16
futting
(I)
20: 11
D
~aily (2)
I 52:15,16
date (2)
I 41 :4;49:7
dated
(I)
I 45:10
daughtcr
(I)
I 48:19
day (7)
42:8;50:23;51:
I;
52: 15;58:7;81 :3;
91:19 |\n|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | |\n| | DC (I) |\n| 42:9,14
conCused (2)
copy (8)
89: 10, 13;90: 18,22; | I 45:8 |\n| college (I)
38:3;45:20
17:II ;69:22;72:2;
92:2,8;93 :2,5,8, 12, | deal (I) |\n| 50:2
connection
(I)
76:2;77:9,16;78:5,21
14,16,19;94:3,4,6, II, | I 109:22 |\n| colloquy
(I)
84:13
copying (I)
15,18,21,25;95:6,16, | dealing
(3) |\n| 46:1
consent
(2)
78:1
22;96: 10,15, 19;97:4, | I 9:16;62:15;102:17 |\n| coming (4)
15:2;98:16
corporate
(3)
8,10,12,17,21,23; | Dear (3) |\n| 15:6;73: 12;94: 10;
conservative
(6)
4: 16;10:22; 100:7
98:4,5,19,23;99:7,
II, | I 20:16;21:15,18 |\n| 103:20
31: 18;35:4, 10, 14,
Corporation
(2)
15,18,20,21,22,23; | debt (2) |\n| communicate
(3)
15,17
37:4;78:20
100:2,6,12,17,25; | I 8:22;107:5 |\n| 10:6;27:25;73:20
consider
(3)
correctly
(I)
101:6, 10, 12,15, 17; | decide (I) |\n| Communist
(II)
9:20;94:3; 102:21
21:7
102:9,19,21,23; | |\n| 14:20,22;20:9;
considering
(I)
corruption
(I) | I 103:1 |\n| 103: 17,23; 104:3,8,
42: 15;47:3;48: 18;
92:2
14:23
19;105: 12,16, 19,22; | decided
(I) |\n| 49: 16;50:6, 14,20,25
consistent
(2)
Counsel
(7) | I 108:1 |\n| 106:2,9,12,16,21,25;
companies
(3) | deciding
(4) |\n| 38:20;65: 19
2:4,12;32:6;71 :7;
107:8; I08: 1,9, 18; | I 107:6,11,14,16 |\n| 7:24;18:15,19
constitutes
(I)
72: 16,24; 107: 17
109:3,7 | decisions
(I) |\n| company
(4)
29:25
counsel's
(I)
courtroom
(I) | I 96:8 |\n| 8:22;34: 18,18;47:4
constraints(l)
11:6
9:12 | deep (I) |\n| complaint
(7)
62:24
counter
(3)
courts
(I) | I 109:8 |\n| 100: 10,13, 15,20;
contact
(9)
6:4;21:7;91:12
46:14 | deCaulted (I) |\n| 102:2,3;109:5
19:5;66:4,20,21 ;
counterclaims
(I)
cover (I) | I 6:18 |\n| Complete
(I)
67: 1,4;82: 18,20,21
3:21
62:18 | deCeat (I) |\n| 4:15
contacted
(I)
countered
(3)
coverage
(I) | I 8:17 |\n| com pleted (2)
50:10
21:10,12;91:6
62:20 | deCendant
(6) |\n| 44:15;75:14
contend
(I)
counters
(I)
covcring
(I) | I 2:20;3:20;10:3; |\n| com pletely (2)
101:17
91:13
61: 17 | 98:9; 100:25; I06: 19 |\n| 11:12;38:20
context
(3)
country
(3)
CPLR
(4) | deCendants
(2) |\n| com pleteness
(2)
13:9;15:19;95:11
9:25; 15:6;49:20
5:24;9:6;24:24; | I 12:16;108:18 |\n| 13:7;96:9
continue
(2)
couple (3)
45:22 | deCendant's
(7) |\n| completion
(I)
50:6;51: 14
16:15;67:6;95:21
credibility
(2) | I 76:20,21,24;77:
13, |\n| 103:7
continuing
(3)
course
(9)
26:20;46: 15 | 23;78:13;101:1 |\n| complicated
(2)
44:8,24;45:20
10:24; 12:24;26:2,
creditors
(2) | define (2) |\n| 26: 15;87:21
contract
(7)
2;95:4;99: 14;102:22;
3:25;98:9 | I 52:1,1 |\n| comply (I)
15:2;63:6;75:24;
107:7;108:9
cross (18) | deCraud (2) |\n| 76:9
76:7;85: 11;86:22;
COURT
(211)
13:6; 16: 12;47:22; | I 3:25;98:9 |\n| concept
(2)
104:13
2:6,23;3:4,10,13;
75: I;77:5;89: 18,20, | deCrauded
(2) |\n| 15:6,10
contradicted
(I)
8: 17;9: 16,19,20,21;
20,23 ;90:4;91 :4; | I 8: 10,13 |\n| concern
(I)
8:6
11:10;16:1,17,21;
95: 16;96:2,3,5,6,8, 15 | delivered
(I) |\n| 105: 10
contrary
(I)
17:9; 19:23;22:4;
cultural
(I) | |\n| concerned
(2)
26:13
23: 16;24:8, 15;25:3, | I 76:16 |\n| 15: 18
6: 17;88:20
control
(3)
23;26: 10, 15;27: 10,
current
(3) | demanded
(I) |\n| | I 3:20 |\n\n--\n\n**'1in-U-Script:!lI** (3) Clinic - demanded\n\n| FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | | | INDEX NO. 652077/2017 |\n|---------------------------------------------------------------------|------------------------------|-----------------------------|-----------------------------|-----------------------------------------|\n| Case 22-50073
NYSCEF DOC. NO. 331
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 115
RECEIVED NYSCEF: 05/08/2019 |\n| Kwok Ho Wan | | of 126 | | April 26, 2019 |\n| | | | | I |\n| demonstrate
(2) | 15:9 | 50:8,13,18,22 | 59:10 | encumbrance
(5) |\n| 5:15;9:1 | diced (I) | document
(37) | ears (I) | I 5:24;24: 19;44:9; |\n| demonstratives
(I) | 13:3 | 17:15;19:20;23:13; | 13: 11 | 45:22,23 |\n| 90:19 | dictionary
(I) | 25: 17;26:I,4,7,13,21; | East (I) | ~nd (2) |\n| denied (3) | 53:22 | 29: 10;40: 15;41: 10, | 17:6 | I 49:22;65:22 |\n| 8:3;24:21 ;38:22 | difference
(6) | 16,20;43:4,14,21 ; | edit (I) | enforcement
(I) |\n| denies (3) | 35:8;36:9,11,14; | 44:20;45:3,10;46:4, | 99:2 | I 98:10 |\n| 7:1,3;107:4 | 53:2,4 | 20,21,23;54:23; | educate
(I) | England
(I) |\n| denying
(I) | different
(10) | 59:24;68:3;69:15,19, | 10:25 | I 65:1 |\n| 6:3 | 18:8,10,11;27:9; | 20,24;71: 12,16, 17, | Edward
(I) | English (20) |\n| depose (3) | 29:8,8,9;66: 11;67:6; | 23;77: 14,20 | 2:14 | 15:1,4,5, 14; 19:7, |\n| 41:25;42:3,10 | 96:6 | documentary
(I) | effect (I) | 10,11 ;30:24;31: 1; |\n| deposed
(8) | difficult
(I) | 7:5 | 107:1 | 47:7;53: 18,19;68:3; |\n| 7: 18;29:23;30:3, | 75:18 | documentation
(3) | effectively
(I) | |\n| 19,22;31 :3, 10,24 | difficulty
(2) | | | 75:7;82:25;83: I,9, 11, |\n| deposing
(2) | | 57: 14;59:22;65: 14 | 56:25 | 14,15 |\n| | 31:6;42:22 | documents
(42) | efficient
(I) | enough
(6) |\n| 36:12,12 | digest (I) | 15:25;27:4,5,9; | 90:16 | I 5:3;16:22;51:4; |\n| deposit
(II) | 47: 11 | 28: 10, 10;31:4,5,13, | effort
(2) | 72:20;90:21; 109:8 |\n| 6:16;61:17,20; | direct(lI) | 21;39:8;42:7,8, 12,14, | 5:15;8:17 | enter
(2) |\n| 62:3;63: 19,24;64:7; | 9:22; 17:17;20: 16; | 19,20,22,24;45:7,8, | efforts
(5) | I
85: 11;86:22 |\n| 67: 18;80:24;81: 1,3 | 26:6;28:23;40: 14,21; | 18;47: 13, 15;49: 17; | 5:25;14:3,20; | entered
(6) |\n| deposition
(42) | 54: 15;56: 14;69:8,17 | 52:5,14;53: 10,13, 14, | 18:24;19:17 | I 75:23;76:6,16; |\n| 8:2,10;9:5,7,13; | directed
(2) | 17,20,23,25;54: 1,2; | either
(12) | 79:4; 106: 19;I07:2 |\n| 11:7,16;12:4;17:12; | 102:5;107:17 | 60:6;67: 19;78:24; | 6: 14;8: 10;22: 10, | entire
(2) |\n| 28:4;29:19,22;31 :25; | directly
(3) | 79:10,11;84:12 | 20;28: 15;42: 15,16, | I 92: 17;94: I |\n| 32:7,8,22;33: 16,18; | 8:6;46:15,16 | dollars
(I) | 17;47:9;51 :23;84:7; | entities
(16) |\n| 34:20;35: 14;38: 12, | Directors
(3) | 60:1 | 90:1 | 8:4,15; 10:19,20,21, |\n| 23;39:25;42:23 ;43:2; | 57:22;87: 15;106:4 | dominates
(I) | elder
(2) | 23;36:21,25;37:2; |\n| 66:13,15;73: 18;89:4; | disagreement
(2) | 8:15 | 48:14;50:10 | 100:11,14;104:21,25; |\n| 92:4,9;93: 17,21; | 12:24;44:19 | domination
(I) | element
(I) | 105:3; 108:12; 109: 18 |\n| 94: 12,13;95: 17,20; | disappeared
(3) | 4:16 | 98:8 | entitled
(4) |\n| 96:11,21,23;101:13; | 47:9;51 :24;52:20 | done (4) | elements
(2) | 19:6,15;96:21; |\n| 107:15 | disclosure
(I) | 14:12;15:20;65: 12; | 3: 18;4: 15 | 101:20 |\n| depositions
(I) | 75:23 | 105:4 | elicited
(I) | entitlement
(I) |\n| 13:4 | discovery
(9) | double
(2) | 32:18 | |\n| depth
(I) | 15:21,23;16:2; | 61 :6;85:6 | eliciting
(I) | I 102:14 |\n| | | | | entity
(18) |\n| 103:12 | 44: 18; 102:3, 12; | doubt
(I) | 28:21 | 27: 12;29:8,8,9; |\n| derived
(2) | 103:8;109:3,21 | 22:7 | else (6) | 52:5;81 :20,23; |\n| 62:3,4 | discrepancy
(3) | down (6) | 52: 18;54: 13;55:21; | 101:18; 105: 16,22,24; |\n| describe
(I) | 45:7,9,17 | 38:8;39:6;55:22; | 84:21 ;88: 13;105:8 | 106:2,6,7,8,10,16; |\n| 58:14 | discretionary
(I) | 63:19,25;107:3 | else's (I) | 107:13 |\n| designated
(18) | 104:4 | drafted
(I) | 13:16 | error
(I) |\n| 13:6;89:18,18; | discuss
(7) | 27:1 | email (15) | I
85:3 |\n| 90:5;91 :7, 13,15;92:5, | 22: 14;37:23;38: I, | draw
(2) | 10:6; 19:25;20:3,6, | especially
(2) |\n| 6,13,14,16,19,24; | 2,4;44:8,24 | 63:19,25 | 7,8,12,17,25;21:
1,8; | I 27:23;75: 10 |\n| 93: I,23;96:9;97:2 | discussed
(I) | drop (I) | 22: 12;77:25;78:3; | establish
(2) |\n| designations
(14) | 62:17 | 47:10 | 103:21 | I 3:24;100:18 |\n| 13:7;89:20,21,24; | discussion
(4) | duly (5) | emailed
(I) | established
(4) |\n| 91 :4,4,8;93:23; | 24:3;33:5;38:
14; | 17:I;56:7;59:2; | 22:11 | 170:11,14;102:14, |\n| 95: 16;96:2,2,3,5,6 | 39:5 | 97: 18,19 | emails
(2) | 25 |\n| detail (2) | discussions
(3) | during
(7) | 19:15;20:14 | establishes
(I) |\n| 58:15;103:12 | 19:3;37:21,24 | 6:7;11:16;12:25; | emphasize
(I) | 1102:19 |\n| detailed
(I) | displayed
(7) | 61 :5;95:4,20; I05:1 | 42:6 | estate
(I) |\n| | | | employed
(I) | 147:6 |\n| | | | | |\n| 59:25 | 3: 12;19:22;23: 15; | duty (I) | | |\n| details (2) | 28: 11;40: 12;43:22; | 10:25 | 56:18 | estimated
(2) |\n| 38:9;39:7 | 69:9 | | employee
(2) | I 61:18;103:18 |\n| detain
(I) | dispossessed
(I) | E | 48:22;51 :23 | Europe
(2) |\n| 49:19 | 98:12 | | employer
(I) | 1 48:7;49:3 |\n| determination
(3) | dispute
(4) | earlier
(2) | 18:22 | evaluate
(I) |\n| 102:24; 103:4,14 | 4: 17;18:3;44:4,21 | 79:2;99:2 | encumbered
(I) | I 26:19 |\n| determining
(I) | disputed
(I) | earliest
(3) | 98:12 | evasive (I) |\n| 103:2
developer
(I) | 12:6
divorce
(4) | 21:16,19,22
early
(I) | encumbering
(I)
24:17 | 19:14
~vasiveness
(2) |\n\n- - --------\n\nMill-U-SCl'ipt@ (4) deJonstrate - evasiveness\n\n| FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | | | INDEX NO. 652077/2017 |\n|----------------------------------------------------------|----------------------------------------------|---------------------------------|---------------------------------------------|----------------------------------------------|\n| Case 22-50073
Pacific Alliance
NYSCEF DOC. NO. 331 | Doc 440-15
Asia v. | Filed 05/25/22 | Entered 05/26/22 15:30:37 | Page 116
RECEIVED NYSCEF: 05/08/2019 |\n| KwokHoWan | | of 126 | | April 26, 2019 |\n| | | | | I |\n| 9:18,23
even (16) | 5,10,23;78: 13,18;
92:4,5;93:20;96:
11 | 5: 16;87: 14;88: 19;
102: 13 | 3: 17,18,21 ;4: 17; | freedom
(1) |\n| 11:18;12:2;30:20, | exhibiting
(1) | fashion
(1) | 5: 1,13;10:5; 12:13;
16: 15,23;30:20,25; | 14:23
I |\n| 24;32:7;35:6;36: | 16,
92:10 | 32:18 | 34:4;39:21 ;40: 14,22, | French
(1) |\n| 20;42:21 ;46:25; | exhibits
(9) | fashioned
(1) | 24;48:4;49:25;50:
1; | I 31: 1
Frick (1) |\n| 47: 13;55:7;62: 10; | 12:18,20,25; 15:I; | 109:14' | 53: 16;54: 15,20,21; | I 58:8 |\n| 86:21;104: 16;109: 15 | 24:2;42:4,5;53:
11,12 | favor (1) | 59: 19, 19,24;64: 14; | front
(13) |\n| event (1) | exist (2) | 98: II | 69:2;78: 17;79:24; | 24:8,14,20;25:2; |\n| 75:24 | 44:9;54:23 | FBAKOY
(2) | 90: 14;95: 19;97: 15; | 30:9,21 ;31 :7;46:22; |\n| everybody
(2) | existence
(2) | 40:22,25 | 98:22,25;109:14. | 50:22;51 :2;53:6; |\n| 52:17;99:10 | 46:13;107:5 | featured
(1) | five (4) | 54:12;97:3 |\n| evidence
(36) | expeditious
(I) | 4:10 | 39:6;48: 16;49: 11; | frustrate
(5) |\n| 4:5,8,8,9,21 ;5:7,8, | 32:18 | February
(3) | 62:18 | I 4:1;5:1;11:9; |\n| 9,18;7:5;9:22; 12:22; | expensive
(1) | 18:18;59: 10;63:3 | five-year
(1) | 24:18;98:10 |\n| 13:19,23; 16:8, 16; | 6:2 | feel (1) | 61:18 | full (4) |\n| 19:24;23:22;24: 10; | explain
(4) | 108:24 | fluent
(2) | I 13:9; 17:4;56:9; |\n| 25:2,9;26:22;41:11; | 6: 15; 18:5;30: 16; | feet (1) | 83:15,16 | 93:10 |\n| 53:8;60:7;69: 19,20; | 36: 11 | 90:19 | focus (1) | fully (1) |\n| 72: 10,21;78: 13; | expressio~s
(1) | feng (1) | 4:19 | I 3:1 |\n| 90:23;92:11;93:1,25; | 13:19 | 63:7 | folder
(1) | further
(1) |\n| 103:15;108:25 | extant
(2) | few (3) | 59:21 | I 47:20 |\n| evidentiary
(2)
90:22; 103: 11 | 46:3,6
extended
(1) | 9:3;23:25;87: 18 | follow (2) | |\n| exactly (3) | | Firth (1) | 34:5;84:24 | G
I |\n| 6:12;9:25;14:11 | 14:19
extensive
(2) | 98:3 | followed
(1) | I |\n| EXAMINATION | (8)
14:20;32:15 | fight (1)
11:15 | 66:1
following
(5) | Garo
(1) |\n| 17:17;47:22;55: 16; | extensively
(1) | figure (3) | 4:4;29:23,24; | I 2:17 |\n| 56: 14;75: 1;84:22; | 11:5 | 47: 12;53:22;91: 16 | 103:7;107:4 | gather
(11) |\n| 96: 15;98:20 | extent
(6) | me (1) | follows (3) | 27:5,8;28:3;33:6,
18;34: 17;35: 19;37: 1; |\n| examine
(1) | 25:5;90:5;91 :7,12; | 42:20 | 17:2;56:8;97:20 | 41:6;53:10,16 |\n| 16:12 | 92:8;93:24 | med (3) | force (1) | gathered
(13) |\n| examined
(3) | | 9:24;44: 12;46:21 | 50:7 | 22:9,14,19;30:
17; |\n| 17:2;56:8;97:20 | F | mes (1) | foreign
(6) | 31:20,21 ;36:22;37:7, |\n| exam pies (1) | | 43:1 | 6: II ;31: I;61: 10; | 10,13 ;39:22;53 :2, 13 |\n| 13:9 | fact (4) | fill (1) | 85:7,15;87:8 | gave (5) |\n| exceeds (1) | 6:4;21 :5;102: 16; | 76:21 | forge (1) | I 26: 19;43:25;51 :2; |\n| 3:20 | 104:24 | final (3) | 47:17 | 59:21;79:9 |\n| excerpts
(I) | factor
(1) | 102:24; I03 :6, 14 | forged
(5) | gears (1) |\n| 8:3 | 9:20 | Finally
(3) | 49: 16, 17, 18;50:21, | I 62:21 |\n| exchanged
(1) | facts (5) | 7:6;8: 14;11:20 | 25 | general
(3) |\n| 19:15 | 5: 19;36:6;37:9; | financial
(11) | forget
(1) | I 56:25;57: 11,11 |\n| excised (1) | 100:15;108:2 | 7: 19,22;31 :6;47:5; | 49:7 | generally
(3) |\n| 95:20 | fair (9) | 59:15,17,25;79:11; | form (4) | 58:6,14;82:21
I |\n| Excluding
(1) | 12:7; 16:22;60:21; | 90:11,12,14 | 4: 16;74: 18;81 :7; | Genever
(42) |\n| 61:5 | 72:20;79:9,15;85:7, | financials
(1) | 95:4 | 8:15,24;10:19; |\n| excuse (4) | 8;90:21 | 7:24 | former
(3) | 33: 14,21,24;34: 13, |\n| 11:5;19:16;20:11; | fairy (1) | find (1) | 58:7,9;84:17 | 15,15,22,23;36:21, |\n| 95:2 | 95:10 | 68:22 | forth
(1) | 25;37:4,4;39: 12, 15, |\n| excused (2) | False (3) | findings
(2) | 20:23 | 19;40:2;67: 16;76:6; |\n| 55:23;88:25
excusing
(1) | 7: 15;46: 13;107:9 | 32:16;102:15 | forward
(2) | 88:20,20;95:8,9; |\n| 61:9 | familiar
(1) | fine (8) | 12: 11;20:20 | 100: 10, 14;104: 19,20, |\n| execute (1) | 3:2
family (50) | 83: 11,14;89:15; | fought
(1) | 21,25; 105:3, 13,16, |\n| 67:16 | 14:19,19;15:10; | 95:24;97:6;99: 17,22;
109:18 | 11: 13 | 17,23; 106:2,6, 10,22, |\n| Executive
(3) | 17:20,21,22,25; 18:1, | fingers
(1) | found (2)
60:25;70:22 | 23;107:11 |\n| 6:6;56:23;78:8 | 2,3,5,5,8,8, I0, 10, 10, | 13:11 | four (3) | Gilbert
(2) |\n| exhibit
(36) | 11,12,13,14,15,18,22; | finished
(1) | 3: 16;5: 10;69: 17 | I 77:25;81:11
given (13) |\n| 3: 12;19:22;23: 15; | 23:6;47:8;48:5,6,9, | 48:7 | France
(1) | 9:9;25:6;26: 12, 13; |\n| 24:1,2,9;28:11;40:10, | 10,11,12,14,19,24; | firm (2) | 50:2 | 31: 12;36: 10;76:2; |\n| 12,24;41: 12,13,14; | 49:6,9,13,20,21 ;50:7; | 62:14;69:13 | fraud
(3) | 79: 16;98:21 ;99:4; |\n| 43:21,22;53:7;69:9, | 51: 12,13, 15,20;52:2, | firms (2) | 4:25;5:5;46:
16 | 101:15;109:1,13 |\n| 21;71: 16,21,22;72: I; | 2,8, I 1;53 :24 | 62:15;92:3 | fraudulent
(1) | gives (1) |\n| 76:20,22,23,24 ;77:3, | far (4) | first (37) | 25:1 | I 25:7 |\n| | | | | |\n\nMin-U-Script@ (5) even - gives\n\n| | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | | INDEX NO. 652077/2017 |\n|----------------------------------------------------------|--------------------------------------------------|---------------------------------------------|---------------------------------|-----------------------------------------|\n| Case 22-50073
NYSCEF DOC. NO. 331
Pacific Alliance | Doc 440-15
Asia v. | Filed 05/25/22 | Entered 05/26/22 15:30:37 | Page 117
RECEIVED NYSCEF: 05/08/2019 |\n| KwokHoWan | | of 126 | | April 26, 2019 |\n| | | | | |\n| giving (13) | 45:25 | 39:3;49: 14;74:8; | 23;95:2,3;96:25; | I 24:8;25:8;29:22; |\n| 20: 18;29:24;30: 11; | halfway
(I) | 90:8;95:7;98:22,24 | 98:21 ;99: 17;100:5,9, | 30:1 |\n| 32:3;34:2,11,25; | 91:19 | hearing
(13) | 19,24; 10I: 14, 16; | important
(3) |\n| 38: 17;40:8;42: I; | hand
(2) | 13:1,8,20; 15:22; | 102: I; 103:9, 10; | I 9:9,10;30:24 |\n| 80: 13;106: 17,24 | 77:3,16 | 35: 19;45:24,25;55:5; | 104:2,6; 105:21; | Importantly
(I) |\n| globe (I) | handed
(10) | 63:7;90:22;98:7; | 106: I, 15; 107:7,22, | I 8:25 |\n| 6:20 | 17: 15;19:20;23: 13; | 100:18;103:11 | 24; 108: 15;109:6,14 | impose (I) |\n| GMail
(I) | 43: 14;69: 15,24; | heart
(I) | Honor's
(I) | I 61: 13 |\n| 20:4
goes (3) | 71 :23;77: 14,20,22
handle
(3) | 109:23 | 13: 18 | impossible
(I) |\n| 46: 15,16;107:3 | 27:24;35: II ;51 :25 | heels (1) | hope (3) | I 91: 15 |\n| Golden
(13) | handled
(3) | 66:23
held (3) | 13:21;16:6,7
hopeless
(I) | improperly
(I) |\n| 23:5;27:3;42:7; | 15:24,24,25 | 57:2;81:7,14 | 42:18 | I 107:17 |\n| 47:2;51: 16,19,21,23, | hands
(4) | help (11) | Hoplamazian
(3) | inadequate
(I) |\n| 25;52: 1,11,22;53:24 | 31:12,22;35:12; | 27:8;28:9;42: 18; | 2: 17,17;69:22 | I 79:25
inadvertently
(I) |\n| Good (13) | 47:16 | 45: 13;47:8, 18,18; | Horvitz
(18) | I 101: 18 |\n| 2:9,13,21,24; | handy
(I) | 52: 13,13,14;73: 12 | 7: 16, 16,22;8:2,8, | inappropriate
(3) |\n| 12:12;13:5;47: 12,24; | 4:7 | helpful
(I) | 12;58:2;81: 16;84:2, | I
11:13,18;72:5 |\n| 56: 16;75:3,4,8, 10 | happen
(2) | 4:11 | 8,24,25;85:3 ;89:4; | include
(4) |\n| Government | (3)
31:2;50:19 | helps (I) | 90:7,8,12;93 :2 | I 96:4;104:25;105:3; |\n| 14:18,21,22 | happened
(9) | 7:3 | Horvitz's
(2) | 109: 18 |\n| graciously
(I) | 6:9,13;9:13;10:15; | Hey (2) | 58:6;90:24 | included
(2) |\n| 96:22 | II: 1;12:8;27:23; | 7:12;12:5 | hotel (4) | I 7:24;58:24 |\n| grant(l) | 33:15,17 | highly (2) | 6: 10,14;7:21 ;57:8 | including
(9) |\n| 103:13 | happening
(4) | 84:11,12 | hour
(4) | 18:6,7;33: 18; |\n| grateful
(I) | 14:3,4;38:9;42:24 | himself(5) | 2:7;45:25;92:
13; | 48: 19,22,25;49: I; |\n| 36:10 | happens
(I) | 10:24,25;18:7; | 94:2 | 52: 12,13 |\n| great(l) | 85:20 | 51: 15;86:20 | Huang
(I) | inconsistent
(3) |\n| 15:15 | happily
(I) | Ho (4) | 97:15 | 25:6;26: 17;38: 19
t |\n| greater
(I) | 2:7 | 2:2; 17:24;59:4; | H-U-A-N-G
(I) | index (I) |\n| 109:9 | happy
(5) | 98:2 | 97:16 | I 2:1 |\n| grew (I) | 44: 12;46: 19;91:20, | H-O (I) | hundred
(2) | indicated
(5) |\n| 14:16 | 21;99:5 | 98:2 | 18:6,9 | I 32:20;76: 12;96: I, |\n| grind
(I) | hard
(2) | Hodgson
(2) | husband
(13) | 18;108:3 |\n| 73:6 | 9:21;91:3 | 2:19,22 | 49: 13, 19, 19,19,20, | indicating
(I) |\n| grounds
(2) | HARMON
(69) | hold (2) | 22;50:1,4,8,10,11,19, | I 31:11 |\n| 3:23;70:8
grow (I) | 2:21,22;5:25;
12: 12;34:3;43: 16; | 60:10,14 | 23 | individuals
(I) |\n| 14:16 | 60:5,20;62:6;63:
II; | Holdings
(2)
37:4,4 | I | I 49:1 |\n| guarantee
(4) | 66:6,9,15;67:12;68:9, | holds (I) | | induce
(2) |\n| 61:25;67: 19;68: 19; | 15,17;69: 12,18;70:7; | 105:24 | JD (2) | I 7:21;8:19
inequity
(I) |\n| 100:3 | 71:11,15,25;72:9,18; | Hong (4) | 40:22,25 | |\n| guaranteed
(I) | 73:4;74:5,14,16,20; | 14:17;18:15;49:3; | idea (3) | I 5:2
information
(72) |\n| 8:23 | 75:2,5;76: 19,24;77:4, | 84:7 | 33:1;53:1;58:15 | 7:20,23,24;22:
10, |\n| guess (5) | 8,11,13,16,19;78:12; | Honor
(106) | identification
(I) | 10,15,15,16,19,20; |\n| 30: 15;32:2;35: 13; | 83: 17,21;84:21 ;85:4, | 2:9,13,21,24;3:
1,9, | 77:23 | 27 :2,5,6,6, 9;28: 3,3; |\n| 71: 1,1 | 9;87: 1,18,23;88:23; | 14;4:22;5:4;8: 1,12, | identified
(I) | 30: 16, 17, 18;31 :21; |\n| guessing
(I) | 89:2,12,15;92:21
; | 25;9:10,13;11:4,20; | 108:12 | 33:6,7,19;34: 17;35:3, |\n| 70:25 | 94: 17, 19,23;95:2; | 12:10, 12;13:2,5,8,21; | identify
(I) | 9,11,19,19,24;36:1, |\n| Guo (23) | 100:24;101:4,7,11, | 14:12;15:16;16:9, 10, | 3:6 | 14,23;37: I,7, 10, 12, |\n| 17:22,25,25; 18:2,5, | 14,16,22; 102:22; | 14,20,22;17:10,11; | ignore
(I) | 13,14,20;39:8,22; |\n| 5,22;23 :6;48:4,6,9, | 108:20; 109:6,11 | 19:19;23:22;24:4, 12, | 30:2 | 41 :7;42:7,8;43:9; |\n| 10,12,24;49:6;51: 12, | Haroche
(I) | 13;29: 14;30:21 ;34:3; | imagine
(I) | 49: 18;52: 14;54:9; |\n| 13,15,19;52:2,8,11; | 81:11 | 38:22;41 :8;43: 13,16, | 9:21 | 58:24;59: 15,18,20; |\n| 53:24 | hear (14) | 21;44:1,10;46:7,8,18; | IMG (1) | 60: I,2,4, 10;79:3, II, |\n| G-U-O (2) | 3:16;13:20,25; | 47:21 ;48:3;51 :9; | 58:10 | 15,18,25;80:2,4; |\n| 17:22;18:2 | 14:10;16:3;32: 16,17; | 55:3,13,14;60:5,20; | immediate
(2) | 90:11,12,14;98:22, |\n| H | 33:6;43: 10;44:3; | 62:6;63: 11;67: 12; | 48:11;104:12 | 24;101:3,8
I |\n| | 47:25;89: II ;90: 18; | 68:9;69: 18,22;70:7; | impact
(2) | initiated
(2) |\n| | 95:5 | 71:11,25;74:5;76:19; | 73:10;102:20 | I 101:19;107:13 |\n| hacked
(1)
20:8 | heard
(15)
29:7,7;30: 10;33:5; | 77: 1,4,8,16;78: 12; | impeach
(2) | injunction
(2) |\n| half(l) | 35:20;37:7, I0;38:25; | 83: 17;89:2,7;90:7;
92: 12;93:23;94: 17, | 28: 17,20 | I
109:19,19 |\n| | | | impeachment
(4) | i1nquired (3) |\n\nMin-U-Scripl@ (6) giving - inquired\n\n| | | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | | INDEX NO. 652077/2017 |\n|---------------------|----------------------------------------------|--------------------------------------------------|--------------------------------------------------|----------------------------------|-----------------------------------------|\n| NYSCEF DOC. NO. 331 | Case 22-50073
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 118
RECEIVED NYSCEF: 05/08/2019 |\n| | KwokHoWan | | of 126 | | April 26, 2019 |\n| | | | | | |\n| | 64: 10;66:3;82:3 | 106:8 | knew (13) | 68: 10;71 :6;72: 16,24, | 83:10
I |\n| | inquiry
(I) | issue (25) | 21: 1;22:4,8,25; | 25;74: 13;75:7;82: 18; | lengthy
(I) |\n| | 82:6 | 3: 17,21,22;4: 12,12, | 25:22;27:4;69:2; | 83:5,23;84:4;
101: 13 | I 98:20 |\n| | instructed
(2) | 14;15:17, 18;24:4, 10, | 76:5;80: 12,17, 19; | | less (2) |\n| | 11:10;83:2 | 15,19;26: 14;41: 18; | 81:22;105:2 | L | :
99:3,9 |\n| | instructing
(I) | 51 :25;54: 16;55:4; | knowledge
(39) | | leiter
(8) |\n| | 11:24 | 88:16;91:14,24; | 5:20,20;26:24; | laid (2) | I 64:25;71:9;72:4,7, |\n| | instruction
(I) | 102:2,7,17; 103: 12; | 27:7,21;28:1;29:11; | 44:2; 100:21 | 8,19;78:5,17 |\n| | II: 18 | 108:2 | 31:20,21 ;32:21 ;33:3, | language
(10) | leiters
(2) |\n| | instructions
(I)
11:6 | issued (2) | 8,11;34:14;35:18,22; | 14:25; 15: 17;30:24, | I 84:14,16 |\n| | intend
(I) | 88:1 ;104:4
issues (12) | 36:6,7,22;37:3,6,9,
13,14,15;43:9;47:5,6; | 25,25;31: 1,2;36: 15; | liar (I)
47:17 |\n| | 100:22 | 2:25;3:6;5:22; | 53: 1,2;54:8, 16,18,22; | 53: 17;54: 12
last (13) | !
liberties
(I) |\n| | intended
(I) | 10: 15;15:21,23;16:2; | 55:7,9,10;62:7;64:3 | 11:20;13:10;18:21; | I
95: 11 |\n| | 92:23 | 24: I;52:21 ;54: 12; | known
(2) | 26:6;32: 19;44:2; | lied (3) |\n| | intending
(I) | 100:8;109:22 | 3:20;84:8 | 50:9;82:22;86:8; | I 8:10;107:12,14 |\n| | 99:4 | issuing
(I) | knows (3) | 95:7;97: 15; 102:6; | life (I) |\n| | intends
(I) | 102:21 | 9:25;28: 14;52: 18 | 109: 12 | I 51:21 |\n| | 11:8 | | Kong (4) | later
(2) | lifted (2) |\n| | intent (10) | J | 14:17;18:16;49:3; | 9:11;68:23 | i 44:18;45:19 |\n| | 3:25;4:6,18;5: I; | | 84:7 | law (2) | light (I) |\n| | 14:2;24: 18;25: I; | jail (4) | Kwok (154) | 62:14;70:2 | I
61:1 |\n| | 98:9;107:18;108:11 | 14:21 ;48: 17,18,21 | 2:3;3:25;5: 16,22; | lawsuit
(I) | likely (I) |\n| | intention
(I) | Jillian
(I) | 6:7,13,18,24;7:
1,3,7, | 78:25 | I 12:17 |\n| | 103: 11 | 2:19 | 20,25;8:3,9,14,15,23; | lawsuits
(I) | limited
(3) |\n| | interest
(I) | job (I) | 9: 1,10,13,24; 10:5,10, | 9:24 | ~ 31:15;54:11;80:12 |\n| | 107:23 | 42:16 | .20;11:6,17,23;13:10; | lawyer
(3) | line (2) |\n| | interested
(3) | joined
(I) | 14:6,7,8,11,13,15,15, | 39:8,9;50: 10 | I 34:5;91 :24 |\n| | 9:8;99:12,13 | 102:2 | 16,23,25; 15:4, 16,19; | lawyers
(2) | lines (3) |\n| | interests
(I) | Jones
(I) | 16:11;17:19,24;18:1, | 54:12;69:5 | I 38:13;91:21;108:2 |\n| | 8:4 | 58:7 | 13;19:3,6,6,9,9, 17; | Leading
(6) | listed (2) |\n| | International
(I) | judgment
(9) | 21:9, 12,24;22:4,8,13, | 27: 13;54:3;66:6,9, | I 58:17;106:12 |\n| | 58:10 | 4: 1;5: 1;6:22;9:2; | 20,22,25;23:4;27:
10, | 11;74:7 | listen (I) |\n| | interpreter
(7) | 11:9,10;24: 18;98: 10; | 18;28: 14,23;29:3; | learn
(4) | , 53: 18
, |\n| | 97: 10,12, 14,15, 18, | 109:25 | 33: 13,20;37:24;38:5, | 25:24;33:16;47:11; | litigating
(I) |\n| | 21;103:18 | June
(I) | 14;39:1,11,14,19; | 68:25 | I
102:13 |\n| | interrogating
(I) | 78:21 | 40: 1;48: 13,13;51 :15; | learned
(6) | litigation
(3) |\n| | 49:19
interrupt
(2) | Justice
(2) | 59:4,4,12;60:9;61
:5, | 29:10;33:15,17; | 152:13;101:19; |\n| | 91:2;94:8 | 7: 14;25:23 | 9,22;62: 16,19,24; | 48: 12;64:23;70: 14 | 107:13 |\n| | interrupting
(I) | K | 63: 18;64:9;65:4, 14, | learning
(2) | l,itt1e(6) |\n| | 41:9 | | 22;66:3,10;67:
10,15,
24;68:4,13,21 ;69:5; | 25:24;31: I | ' 47:7;51:10;56:16; |\n| | into (14) | Kathy
(10) | 70:5,12,18;71 :6; | lease (10)
7: 10;62: 1;67:20, | I 57:10;92:3;105:15
live (3) |\n| | 12:22;19:11;24:10; | 19: 1,6,7,12;21 :8; | 73:6;74: 18;75:6; | 22;68:7,10,16;70:
13; | I
49:2,3;98:3 |\n| | 29:25;30:23;45:21, | 22:8,11,20,23;64:
14 | 76:6,12,17;78:25; | 88:17,21 | lives (6) |\n| | 25;66: 11;72: 10;76:7; | keeps (2) | 79: 12,21;80: 13;81:1, | least (3) | 17:18;25:7;83:12; |\n| | 85:11;86:22;92:11; | 41 :9;88:4 | 6,22;82:2,10,23; | 47:7;70: 16;95:21 | 93:7,9,10 |\n| | 103:11 | kept (I) | 84:10;85:11,14,18; | leave (I) | living (I) |\n| | introduce
(I) | 59:21 | 86: 14,16;87:5;90: 10; | 33:9 | I 33:9 |\n| | 25:9 | key (2) | 95:10,11;97:9,11; | leaving
(2) | LLC (23) |\n| | involve (5) | 5:22;23:25 | 98:2,20;99:3; 101: I, | 42:17;50:5 | 6:11,11;34:18,18; |\n| | 27:24;35:11;38:8, | kidnap
(I) | 17;104: 11;105:7,14, | left (5) | 37:4;61 :6,10;81: 12, |\n| | 9;86: 18 | 47:3 | 18,19; 1~6:20,22; | 42: 17;47:9;49: 10, | 14;85:5,6,7,15;86: 12, |\n| | involved (8) | kidnapped
(3) | 107:4,8,12,14,17 | 10;51 :23 | 13,17,20;87:3,5,8; |\n| | 27:7;57: 12,14, 18; | 42: 15;47:9;48:21 | K-W-O-K
(2) | leftover
(I) | 105:13,14,17 |\n| | 87:3,7,8;92:3 | killed (I) | 18:1;98:2 | 51:24 | I1LC's (I) |\n| | Ira (I) | 11:25 | Kwok's
(36) | legal (8) | I 6: 11 |\n| | 77:25 | kind (3) | 5: 14,17;8:2;9:5; | 4:5; 10:I;25: 17, 19; | located
(I) |\n| | irrelevant
(I) | 31 :5;34: 17;39:23 | 11:23;12:2;14:2; | 26: I;31:6;53:20; | I 48:25 |\n| | 67:13 | kinds (I) | 17:21,23; 18:3, 15,24; | 105:12 | logic (I) |\n| | irrespective
(I) | 37:12 | 19:1;23:7;48:11; | legally (I) | L
39:10 |\n| | 90:1 | Kingdom
(I) | 58:3;62:15,22;64:
16, | 87:13 | ondon
(I) |\n| | Islands
(I) | 84:17 | 21,24;65:4,6;66:
19; | length
(I) | ! 83:12 |\n| | | | | | i |\n\nMin-U-Scripl@ (7) inquiry - London\n\n| | | | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | INDEX NO. 652077/2017 |\n|---------------------|----------------------------------------------|----------------------------------------|--------------------------------------------------|--------------------------------------------------|-----------------------------------------|\n| NYSCEF DOC. NO. 331 | Case 22-50073
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 119
RECEIVED NYSCEF: 05/08/2019 |\n| | Kwok Ho Wan | | of 126 | | April 26, 2019 |\n| | | | | | |\n| | long (5)
47: 11;57:2,8; | many (6)
4:3; II: 16;44: 17; | 38:6,6;39: 18;61: 12
merits
(8) | 70:16 | 7: 14;8:9; 106:20
I |\n| | 92: 16;108:21 | 50:5;57: 17;81: 19 | 10:13;12:17;24:3; | monthly
(1) | Myself(l) |\n| | longer (4) | March
(4) | 102:4,12,16; 103:6; | 6:18
months
(7) | I 36:4
mysterious
(1) |\n| | 14:4;70: 17;102:23; | 41 :24;43:6;63:4,5 | 109:21 | 44:17;45:19;49:11, | I 107:10 |\n| | 103:24 | Mark
(3) | message (3) | 14,24;50: 12;78:23 | |\n| | long-term
(1) | 2:21 ;72: 1;75:5 | 19:9,11;22:22 | more (23) | N |\n| | 48:22 | marked
(2) | messages
(1) | 6: 1;9:22; 18:6,9; | I |\n| | look (18) | 77:22;89:6 | 10:7 | 20:9;25: 1;48: 10, 13, | I
name (23) |\n| | 12:10;23: 12;25: 12; | market
(6) | messenger
(2) | 14;49:14,24;50:11; | 6:9;7: I; J 7:4,5,23, |\n| | 28:9,13;29:3,19; | 6:3;55:7,11,12,18, | 22:18,21 | 55: 14;59:25;83 :21, | 25; 18:I;20: 19;56:9; |\n| | 32:11;41:19;53:14, | 20 | met (4) | 22;86:21 ;89:9;90: 16; | 60: 14, 18;64: 16, 17, |\n| | 21 ;54:7;62:9;70: II; | married
(1) | 59:24;75:5; 102: 11; | 94:19;102:9,15; | 18;68: 14;74:4;80: 19; |\n| | 78: 16;92:2;93:2;95:6 | 50:3 | 107:23 | 108:25 | 82:22;88:8;97: 15,15, |\n| | looking (1) | material
(1) | Michael
(4) | morning
(10) | 25;98:3 |\n| | 50:15 | 8:18 | 56: 11;58:2;90:7,7 | 2:7,10,13,21,25; | necessarily
(3) |\n| | Looks (1) | malter
(4) | mid (1) | 3:6; 12: 12;47:24; | I 85: 16;86: 18;87:9 |\n| | 40:20
lot (19) | 2:2;24:22; 104: 1,20
mailers
(1) | 71:2
might (2) | 52:25;56: 16
MOSS (86) | necessary
(2) |\n| | 19:8;20:8,18; | 97:23 | 53:6;98: 10 | 2:9,13,14,24;3:8, | I 14:7;61:1
need (17) |\n| | 24: 16;27: I;31 :2; | may (23) | Miles (7) | 11,14;10:10,18;11:4, | 6:23;10:2;11:15; |\n| | 42:8,20;47:8;48:
18; | 8:21 ;9:7; 19:19; | 20: 17;21: 16,19,21, | 20; 12: 10;16: 14, 19, | 25 :9;32: 13;45 :2; |\n| | 49: 16;50:21 ;52: 19, | 33:6;38: 1;41:4,22; | 24;48: 13;59:4 | 22;17:11,18;19:19, | 50: 13;53:7;54: 13; |\n| | 21;53: 17;54:9;75: 12; | 43:5,13;47: 1;55:22; | Mileson
(5) | 24;23: 17,22;24: 12; | 74: II ;76:21 ;77:9; |\n| | 98:6;99:3 | 67: 10;70: 10;74: 18; | 64: 16,20,21 ;82: 17; | 28:4;34:3,8;38:22; | 83:3;98:20; I07:3; |\n| | lots (2) | 75:11;77:16;83:18; | 83:6 | 41: 14;43: 13, 19; | 108:3;109:16 |\n| | 29:21 ;51:24 | 86: 10;91 :24;95:6; | million (8) | 44: I0;46:7,1 0, 18; | needed
(3) |\n| | loud (2) | 104: 15;108:5; 109:2 | 21:2,7;22:4,23; | 47:20;54:3;55:
14,17, | I 2:7;32:8;67:5 |\n| | 17:3;56:10 | maybe
(3) | 61:21;63:23,24;64:
1 | 21 ;89:23;90:2,4,21, | needs (1) |\n| | loyal (1) | 12:4;53: 18;99: 1 | millions
(1) | 24;91:6,11,17,20; | 15:18
I |\n| | 50:1 | mean (1I) | 42:12 | 92: 1,7, 12,20,25;93:4, | negotiate
(1) |\n| | LP (1) | 35:2;36:22,24; | mind (1) | 7,9,13,15,18,22;94:5; | I 27:25 |\n| | 73:13 | 38: I, I,4;48: 10; | 53:3 | 95: 15;96: 14, 16;97:9; | Neither
(1) |\n| | lunch (2)
99:1,8 | 52: 16;54: 19;67: I; | minimum
(1) | 98:21,24;99:9,14,17; | I 4:25 |\n| | | 91: 18
meaning
(2) | 106:21
Minister
(1) | 100:5,9,13,19;104:2,
5,9; 105: 15, 18,21 ,25; | . nephew
(1) |\n| | M | 36:13;55:10 | 84:17 | 106:6,11,15,18; | I 48:20
nephews
(1) |\n| | | means
(1) | minute
(1) | 107:7,21 | I 48:15 |\n| | main (2) | 22:10 | 61:12 | most (1) | nervous
(9) |\n| | 104:9,10 | meet (5) | minutes
(5) | 54:9 | I 30: 19,20,22;31 :4,8, |\n| | Mainland
(1) | 4:5;7:3; 16:1;50: I; | 9:4;32: 19;39:6; | motion
(1I) | 22;36: 16, 18;47: 14 |\n| | 49:2 | 107:24 | 58:19;91:9 | 5:18;8:18;11:21; | New (34) |\n| | mainly (1) | meeting
(7) | misreading
(1) | 12:16; 13:21 ;23:8; | 6: 11;9: 18;17:6,6; |\n| | 59:23 | 27:25;62:4,13; | 7:14 | 25: 15;29:21 ;73: 13; | 18:19;23:5;27:3; |\n| | maintenance
(3) | 83:22,23,25;84:2 | misrepresentations
(6) | 108:6,17 | 34: 15, 18,18,23;49:5, |\n| | 61: 18;62:20;81:4 | meetings
(1) | 7:7;8:8,17,19;9:
19; | motions
(3) | 8;51: 12,17, 19,21,23; |\n| | makes (2) | 58:19 | 24:25 | 13:24;16:6,21 | 52: 1,2;56: 12, 12; |\n| | 9: 18;99: I | meets (1) | misrepresenting
(1) | move (8) | 57: 12;59: I;86: 12, 14, |\n| | making
(5) | 4:21 | 8:9 | 3:2;46: 18, 19;49:5; | 19,22;87:3;98:22,24; |\n| | 45:5;52: 16,17; | member
(5) | missing (1) | 56: 17;70:2;99:2; | 106:6,12,22 |\n| | 66:4;103:14
malfeasance
(1) | 18:10,14;48:19;
105:14,19 | 95:6
misstates
(1) | 109:21 | Next (9) |\n| | 5:2 | members
(2) | 28:25 | moved (1) | 6:5;7: 16;32:24; |\n| | management
(2) | 18:13;57:16 | mockery
(1) | 63:18
moving
(1) | 55:25;63: 14;88:24; |\n| | 57:8;58:10 | memorandum
(1) | 9:14 | 72:10 | 89:3;95: 15;97:8
niece (2) |\n| | manager
(3) | 70:2 | Mom (1) | much
(4) | I 48:15,19 |\n| | 56:25;57:11,11 | memorialized
(1) | 51:2 | 63:24;81 :3;97: 1; | Nine (1) |\n| | manages
(1) | 32:15 | momept
(2) | 103:24 | I 57:5 |\n| | 83:2 | memory
(3) | 30:2;83:17 | multi-media
(1) | nitpick
(1) |\n| | Mandarin
(4) | 7: I;30:22;42:23 | money (3) | 13:2 | I 62:9 |\n| | 30:25;97: 14, 17,21 | mention
(3) | 8:20;33:2;99: 13 | multiple
(3) | iObOdY (3) |\n| | Mannis
(1) | 22: 14;38:2;39:23 | month
(5) | 48:25;70:8;94:9 | 33:4,5;105:2 |\n| | 65:1 | mentioned
(4) | 50: 10;55: 19,19,20; | must (3) | r
one (I) |\n| | | | | | |\n\n- -- -\n\nMin-[J-Scripl@ (8) long - None\n\n| | | | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | INDEX NO. 652077/2017 |\n|---------------------|----------------------------------------------|------------------------------------------------|--------------------------------------------------|-----------------------------------------------|------------------------------------------|\n| NYSCEF DOC. NO. 331 | Case 22-50073
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 120
RECEIVED NYSCEF: 05/08/2019 |\n| | Kwok Ho Wan | | of 126 | | April
26, 2019 |\n| | | | | | |\n| | 81:5 | off (9) | opporlunily
(2) | 6:9; 11:17;28: 17, | barties
(4) |\n| | normal
(I) | 20:11;24:23;47:10; | 16:11;36:10 | 18,19;29:6,8;34:
18; | I 3:5,18;44:5;90:20 |\n| | 96:8 | 55:18,19;57:15; | opposing
(I) | 60:3,14,18;68:
14; | parlner
(I) |\n| | nole (4) | 104:3,5,6 | 5:18 | 74:4;80:19;81:
16,17, | I 58:7 |\n| | 2:4,11;30:1;97:13 | offer (14) | opposilion
(3) | 19;96:9; 105:7 | parIs (2) |\n| | noled (I) | 6:4;20: 19,24;21 :2, | 12:1;23:8;25:15 | owned
(9) | I 18:11;96:6 |\n| | 59:2 | 10,13;22:5,12,17,23, | option
(I) | 7:25;8:5;27: 11,11; | party
(13) |\n| | notes (I) | 25;23:23;78:
12; | 8: II | 28:23;86: 13;95:8; | 9:7,8;20:9;42: 16; |\n| | 63:4
notice (16) | 92:23
offered
(5) | oral (4) | 105: 14, 17 | 47:3;48: 18;49: 16; |\n| | 76:17;85:11,16,17, | 62:16,16;71:12; | 44:2,16;102:6; | owner
(12) | 50:6,14,20,25;86:
17, |\n| | 19;98: 17,19;104:5,7, | 96:14,16 | 109:12
order
(26) | 30:6;79:21 ;80:22; | 20
pass (I) |\n| | 10,11,12; 106: 17,24; | oflband
(I) | 13:4;46: 14;75:22; | 81:8, 10;85: 15;86:2,
15;88:5,20; 105: 12; | |\n| | 108:11;109:1 | 81:18 | 76:2,16;78:21 ;79:4; | 106: 13 | I 31:21
passed (2) |\n| | noticed (I) | office (I) | 80: 13;88:7;91 :5; | ownership
(17) | I 22:22;47: 16 |\n| | 96:2 | 52:2 | 98:7; 102:9,25;104:6, | 8:4; 15:7,8, 10,13; | passel (I) |\n| | notify (I) | OFFICER
(9) | 7,10,11,23;105:2; | 28:6,8;29: 17;30: 15; | I 12:20 |\n| | 70:18 | 17:9;27: 15;56:24; | 106: 18,22,25,25; | 32:21 ;39:2;85: 14; | passport
(I) |\n| | November
(I) | 75: 13;76:5;77: 12; | 107:2;108:2,15 | 86:3,12,17,20;105:23 | 50:17
I |\n| | 20:1 | 78:9;98:4;99:23 | ordered
(2) | owns (21) | Paul (I) |\n| | number
(9) | official (5) | 103:19,21 | 10:20;27: 18;28: 14; | I 99:18 |\n| | 2: 1;5:23,25; 12:18; | 53:20;78:8;97:
12, | orders
(2) | 29:3,9;32: 1;33: 13,21, | pause (4) |\n| | 48: 13,16, 16;76:22; | 17,21 | 11:10;102:21 | 21,24;34: 13,15,18, | 4:23;24: 15;56: I; |\n| | 91:23 | old (3) | ordinary
(I) | 22;86: 13, 13,14; | I
83:19
I |\n| | numbers
(2) | 49:11,12;50:23 | 32:18 | 95: 12; 105: 18; 106:2, | PAX (2) |\n| | 91:21,24 | O'Melveny
(4) | organizations
(I) | 7 | I
12:2;73: 13 |\n| | 0 | 2:14,15,18;69:1 | 53:24 | | pay (4) |\n| | | once (2) | originally
(2) | P | I 9:2;11:9;62:19; |\n| | | 102:7;104:13 | 92:23;99:4 | | 81:4 |\n| | object(4) | one (53) | Ostrager
(2) | Pacific
(I) | paying (I) |\n| | 14:I0;71: 17;89:21; | 4: 18,18,23;5:23; | 7:14;25:23 | 2:2 | I 8:22 |\n| | 94:19 | 10:18;11:20;13:9; | others
(3) | package
(3) | people (16) |\n| | objeclion
(31) | 15:I; 18:9,13, 14, 18; | 53:23,24;54:2 | 58:21,21,22 | 18:6,9;22: 18;27:5, |\n| | 23:23;24: 13;26:8;
27: 13;28:25;32:9; | 22:4;24: I, 15;29: 13;
32:8,13;41: 18;42:2, | otherwise
(I)
108:13 | page (18) | 9;28:2,3;31: 14, 18; |\n| | 41 :8;43:20,20,25; | 10,11 ;44:5;45:9, 13; | ought
(I) | 20: 17;21 :20;26:6;
29: 19;31 :25;34:5; | 39:23;42:6;48:
13;
67:4,4,7;81: 19 |\n| | 54:3;60:5,20,22; | 47: 15;49: I0;50:23; | 71: 16 | 38: 12;39:25;40: 15, | people's
(I) |\n| | 62:6;63: II ;66:6; | 51: I;55: 14,19, 19,20; | ourselves
(2) | 22,23,24;69:
17; | I 31 :16 |\n| | 67: 12;68:9;70:7; | 62: 15;66: 19;74: 1; | 45: 14;62:20 | 78: 17;91: 16,20,23; | percent
(3) |\n| | 71: 11;72:9, 18;74:5, | 77:4;83:21,22;84:16; | out (12) | 92:1 | 35: 18;36:8;45:4 |\n| | 14,16,20;78: 15; | 85:6,6;96:24;98:8; | 4:2; 19:8;44:2; | pages (2) | I
Perfect
(I) |\n| | 94:14,17,23 | 100:22;103:19; | 47: 12;53:22;68:22; | 42:11,12 | I
16:19 |\n| | objections
(13) | 104: 10,21;105:5,9, | 70:22;85: 19;89:3; | paid (I) | perhaps
(I) |\n| | 10:12;12:20;15:24; | 18,20; 108:5 | 91: 16;95:3; 100:21 | 52: 17 | I 89:5 |\n| | 89:7,14,19;90: I; | one-day
(I) | outline
(I) | paper
(6) | period
(4) . |\n| | 92:9;93:24;94:9; | 45:24 | 99:2 | 28:6,8;30:9;31
:7; | I 61:18;66:1;70:15; |\n| | 95:3,19,21 | ones (2) | out-of-slate
(I) | 43:1;90:20 | I 80:12 |\n| | obligations
(I) | 41:18;96:5 | 93:14 | papers
(II) | perjury
(I) |\n| | 6:19 | ongoing
(I) | outside
(I) | 7:12,15;12:1; | I 5:16 |\n| | obtained
(4) | 24:3 | 45:13 | 29: 17,21;46:2;69: I,4, | perplexed
(I) |\n| | 22: 10,15;45:8,8 | only (13) | outstanding
(I) | 4;76: 11,15 | I 92:3 |\n| | obviate
(I) | 2:8;31: 19;47:6; | 52:21 | paragraph
(6) | person
(17) |\n| | 108:3 | 59:20;83:7,8;91:
14; | over (4) | 28:24;54: 15, 17,20, | 18:7;19:5;35:17; |\n| | obviously
(4) | 92: 14;93:25;94:3; | 41: 18;51:22;57: 10; | 21;78:17 | 42:5,14;47:7;50:
I; |\n| | 22: 17;24:8,14;. | 102: 17;105:22;106:3 | 79:12 | parents
(I) | 66:4,21,22;67:2; |\n| | 107:22
occupancy
(6) | opening
(3)
3:9;9:4; I00:21 | overruled
(4) | 48:15 | I 81:6;82: 18,20,21; |\n| | 61:23;67: 17,18,24; | operate
(2) | 27: 14;94:21,25;
95:22 | part
(6) | 84: I0;88: 17 |\n| | 68:7,18 | 52:3,5 | overview
(I) | 5:24; 16: 10;53: 10,
12;89:22;96: I | personal
(42)
22: 15, 16,19;26:24; |\n| | occurred
(I) | Operating
(3) | 3:16 | particular
(3) | 27:7,21;28:1;29:11; |\n| | 96:6 | 56:24;76:5;78:9 | owed (I) | 24:1;46:4;61:13 | 30: 18;31 :20;32:20; |\n| | o'clock (I) | operation
(2) | 107:5 | particularly
(I) | 33:3,11;34: 14;35:3,9, |\n| | 99:16 | 52:15,16 | own (19) | 72:3 | 11,18,22,24;36: I,5,7, |\n| | | | | | |\n\n-- -- --\n\nMin-U-Script@ (9) normal- personal\n\n| | | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | | INDEX NO. 652077/2017 |\n|---------------------|-----------------------------------------------|--------------------------------------------------|----------------------------|-------------------------------------------|-----------------------------------------|\n| NYSCEF DOC. NO. 331 | Case 22-50073
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 121
RECEIVED NYSCEF: 05/08/2019 |\n| | Kwok Ho Wan | | of 126 | | April
26, 2019 |\n| | | | | | |\n| | 13,22;37:6,9,13,15, | 2:4,11;17:3;21:16, | preferable
(I) | 15:23;104:10; | I 45:14 |\n| | 20;43:9;49: I8;53: I;
54:8,16,18,22;55:9; | 18,21;26:7;40: 10;
56:9;69: 17;74:2; | 46:19
preference
(I) | 105:5 | pulled (I) |\n| | 62:7;67: 18;68: 19; | 97:12,25 | 77:1 | proceed
(7)
2:8;16:17;41:19; | 45:13
purchase
(19) |\n| | 84:3 | pledge (37) | prejudgment
(I) | 94: 15; 100:3; 107:25; | 8:20; 15:3;33:2,8, |\n| | personally
(4) | 24:4,5,15,19;38:2, | 44:17 | 108:4 | 11;44:3;57: 12;58:4, |\n| | 27:22;37:23;61 :25; | 7,10;41 :2,4,22;43 :6, | prejudice
(2) | proceeding
(3) | 12;59:7;61 :3, 14; |\n| | 67:24 | 10;44:9,11,18,21; | 108:10,23 | 9: 14;25:20;46: 14 | 62: 15;83:23;86: 19, |\n| | persons
(I) | 45:1,6,11,18,19;46:3, | prejudiced
(I) | proceedings
(3) | 22;87:7;90: 10, 13 |\n| | 108:II | 6,11,12,14;47: 14; | 107:20 | 9: 19;56:2;83:20 | purchased
(II) |\n| | phone (I) | 68:8,20;72:5;76:
12; | pre-marked
(I) | process
(10) | :
27:22,23;33:10; |\n| | 84:1 | 79:3; 101:20,21 ,23; | 76:25 | 6:7;10:1;57:13; | 65: 15;67: 15;68: 13; |\n| | phrased
(I)
103:10 | 107:12;108:12
pledged
(24) | prepare
(I)
106:25 | 58: 14;59: 13;62:25; | , 70:12;81:6,13;101:1; |\n| | pieces (I) | 7:9,13;24:20; | prepared
(2) | 65: 13, 16,17;84: 13
production
(I) | 107:8
I
purchaser
(4) |\n| | 43:1 | 37: 19;39: 12,15,20; | 9:15;103:15 | 15:25 | 8:25;60:17;63:15; |\n| | piercing
(14) | 40:2,5,19;41 :21;43:5, | present
(2) | professional
(2) | 64:5 |\n| | 4: 15,15,24;5:7,8,9; | 8,8;68:21 ;69:3 ;70:6, | 90:23;96:12 | 47:5,6 | I
purchasers
(I) |\n| | 100:7,16,18,22; | 13,17,19,23; 101:I8; | presentation
(6) | project
(I) | I 85:5 |\n| | 102:20,25; 103: 12, 16 | 105:1,9 | 13:3,22; 16:4;84:3; | 42:9 | purchases
(I) |\n| | Ping (I) | pledges
(IS) | 89:4,22 | proof (2) | 57:18 |\n| | 17:5 | 5:23;7:8;24: 17,23, | (4)
presented | 4:19;103:2 | purchase-sale
(1) |\n| | place (3) | 25;37:3,16,25;38:5, | 12:19;13:5;88:11; | proper
(2) | I 87:6 |\n| | 45:6; 104:6; I09:2
placed (I) | 15;44: 1,6,7;45: 16;
105:3 | 97:5
presently
(I) | 15:22;24:9 | purchasing
(3) |\n| | 76:12 | pledging
(2) | 109:10 | property
(4)
58: 17;87:4;98: 12; | I 14:2;58:16;64:6
purely
(1) |\n| | places (I) | 37:22;106:24 | President
(IS) | 107:23 | I 104:4 |\n| | 48:25 | plus (3) | 6:6;7: I8;27:3; | propose
(I) | purported
(2) |\n| | plainly (I) | 31: 13;36: 15;67: 19 | 51: 16;52: 11;56:23; | 100:3 | , 60:10,14 |\n| | 11:7 | pm (2) | 57:24,25;58: 1,3;59:1, | proposing
(2) | purporting
(1) |\n| | plaintiff
(8) | 99:24; 103:22 | 22;78:9;90:8;93:
10 | 100: 18,20 | I 60:3 |\n| | 2: 14,16, I8; 10:2; | pockets
(I) | presume
(I) | proprietary
(9) | purpose
(3) |\n| | 102:10,19;103:25;
107:5 | 109:8
point (12) | 79:11 | 62: 1;67:20,21; | I 9:8,10;73:12 |\n| | plaintiffs
(16) | 5:5; 13:25;44:5,5,6; | pretenses
(I)
107:9 | 68:6,10,16;70: 13;
88: 17,21 | purposes
(2) |\n| | 13:22; 14:13;16:3, | 45:9,15,19;47:
14; | pretty
(I) | prospective
(2) | I 12:15;25:8
pursuant
(I) |\n| | 10;76:3;78:24;79:6, | 95:25; 104:14;108: 16 | 12:7 | 60:16;63:15 | i
45:22 |\n| | 7;89:6;97:2; 100:3,7; | points
(I) | previously
(4) | protect
(I) | put (25) |\n| | 102:I, 14,25; 109:8 | 95:19 | 2:6;28: 16,19;52:20 | 62:20 | 3:4;4:2;6:2,15; |\n| | plaintifrs
(2) | political
(I) | price (I) | protection
(I) | 13:10;19:11;20:19, |\n| | 14:5;98:11 | 107: 10 | 58:18 | 102:10 | 23;24: 19;25:2;26:23; |\n| | plan (I) | portion
(5) | prime
(2) | proud
(I) | 41 :23;42:20;48: 18, |\n| | 38:3 | 21:18,21;92:15; | 13:9;84:17 | 52:24 | 21 ;54: 12;58:20,21, |\n| | play (10)
9:5; 10:4; 11:14,14; | 96:20;97:1
portions
(6) | principal
(I)
5:17 | prove
(10) | 22;62:24;89:20,23, |\n| | 13:15;28:4;92: 14,16; | 12:23;89:7,19; | prior
(8) | 4:9,10,14,25;5:4,9,
21;7:15;12:16; | 25;91:7;103:15
putting
(3) |\n| | 93:25;96:20 | 92: 10;93:21 ;96:22 | 5:18;11:21;25:6; | 100:22 | : 12:11;57:14;79:10 |\n| | played (13) | position
(10) | 26: I8,19;53:9;62:14; | provide
(8) | PX (6) |\n| | 10:9,17;11:3,19; | 42: 18;56:22;57:2; | 106:22 | 3:15;13:4;17:13; | 19:24;23:17;43:19; |\n| | 12:5,9;28:5;91: 1; | 72:25;88:21; 100:6, | priority
(2) | 59: 15;60: 13;65: 13; | 46:24;69:8,12
1 |\n| | 94: 16,22;95: I, 14; | 14;101:1,8,24 | 24:7,22 | 104:12;106:20 | |\n| | 96:23 | possible
(I) | prisoner
(I) | provided
(II) | Q
I |\n| | playing
(10) | 50:14 | 107:10 | 7:20;59: I8, 19,20; | |\n| | 90:6;91:5,8,12,13,
16;92: 15;93: 16;94: I; | potential
(3)
4: I; 107: 12;109: I | probability
(I)
3:19 | 65: 14,15;69: 13; | 4uality
(I) |\n| | 96:22 | practical
(2) | probably
(4) | 78:20;80:4;81:
I;
98:18 | ; 92:2
quick
(3) |\n| | pleaded
(I) | 103:25;104:20 | 31 :23;92: 13;96: 10; | provides
(I) | I 48:2;87:24;95:
19 |\n| | 100:15 | practice
(I) | 99:9 | 102:9 | quickly
(4) |\n| | pleading
(I) | 65:20 | problem
(8) | public
(2) | 3:3;11:25;53:21; |\n| | 24:9 | precluding
(I) | 4: I8;7: 10;24:7; | 6:1;9: 12 | 73:5 |\n| | pleasantries
(2) | 106:22 | 104:9; 105:6; 108: 19, | publicly
(I) | 1
quietly
(I) |\n| | 83:7,8 | prefer
(I) | 21,22 | 8:3 | I 11 :25 |\n| | please (13) | 107:22 | problems
(3) | pull (I) | quit (I) |\n\nMin-U-Scripl@\n\n(10) personally - quit\n\n| | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | | | INDEX NO. 652077/2017 |\n|---------------------|--------------------------------------------------|------------------------------|--------------------------|---------------------------|-----------------------------------------|\n| NYSCEF DOC. NO. 331 | Case 22-50073
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | | Entered 05/26/22 15:30:37 | Page 122
RECEIVED NYSCEF: 05/08/2019 |\n| | KwokHoWan | | of 126 | | April
26, 2019 |\n| | | | | | |\n| | 42:16 | 18:25;102:1 | 3:2,9 | 6:21 | ~uling (1) |\n| | quite (5) | recess (2) | remember
(13) | respond
(6) | I 103:4 |\n| | 33:22;35:3;52:25; | 56:5;99:25 | 5:23;31 :4,9,23; | 10:7; 16:14;46:7; | rulings
(1) |\n| | 91:15;92:12 | recognize
(3) | 38:7;39:21 ;42:2,10; | 65:8,11;71:10 | 103:6
I |\n| | quitted
(1) | 15:16;31: 16;47: 15 | 43: 12;46:25;61: 19; | responded
(3) | running
(1) |\n| | 51:24 | recollection
(2) | 63:7;84:7 | 71:15,18;82:9 | I 109:8 |\n| | quoted
(1) | 21:2;66:13 | removed
(3) | response
(5) | Russ (2) |\n| | 11:21 | recommended
(1) | 98:13;101:21,24 | 71 :6;72:2,4,24; | I 2: 19,22 |\n| | | 90:13 | rendered
(1) | 86:7 | |\n| | R | recommending
(1) | 98: 11 | responsibilities
(3) | S
I |\n| | | 7:23 | renew (2) | 52:4,7,10 | |\n| | raise (1) | reconcile
(1) | 108:7,24 | responsibility
(2) | I
safeguards
(4) |\n| | 15:23 | 72:23 | Renminbi
(1) | 36:7;52:12 | :
6:16,23;61:14,16 |\n| | raised (2) | record
(6) | 59:23 | responsible
(7) | sale (9) |\n| | 14:1;102:6 | 2:5;3:4,7;29:25; | repeat
(1) | 8:22;31: 19;35: 18, | 15:2;44:3;75:24, |\n| | ralher
(2) | 74:7;95:25 | 47:1 | 23,25;36:8;58:11 | 24;76:7;86: 19,22; |\n| | 35:4,12 | records
(2) | repeated
(1) | responsive
(1) | 87:8; 104: 13 |\n| | reach (3) | 88:4;106:13 | 8:16 | 51:6 | sales (2) |\n| | 4:2; 19:8; 102:24 | redacted
(1) | reporter
(2) | rest (1) | I 57: 18;105:4 |\n| | read (27) | 20:19 | 99:21,22 | 101:25 | same (7) |\n| | 13:8,12,18; 15:1,5; | RE-D1RECT
(3) | represent
(2) | result
(1) | 5:7;6:23; 17:25; |\n| | 19:7,10;21 :7,16,18, | 55: 16;74:24;84:22 | 75:6;103:6 | 61:14 | 35: 15;43:24;73: 18; |\n| | 21;22:1;26:11,21; | reference
(5) | representation
(2) | reveal (1) | 103:3 |\n| | 30:5;31 :6, 12;34:4, | 4:22;53:7;84:3,14, | 44:25;45:5 | 109:4 | Sarnoff
(24) |\n| | 20;38: 12;53: 14,19; | 16 | representative
(1) | review (4) | |\n| | 69:2,19;72: 17,19; | refresh
(1) | 10:22 | | I 2:15,15;56:15; |\n| | 89:8 | 66:13 | representatives
(3) | 42:21;53:14,16; | 59:2;60:24;61 :4; |\n| | reading
(6) | refreshed
(1) | | 58:19 | I 66: 12;69: 14;70:3, 10; |\n| | | | 7:7;65:25;66:20 | reviewed
(3) | 71:21;72:1,11,14,20, |\n| | 34:5,8;41:10; | 21: 1 | represented
(1) | 7: 19;79: 18;90: 12 | 22;74: 10,23;78: 15; |\n| | 47: 12;89: 14;97:4 | refuse (1) | 7:9 | reviewing
(2) | 84:23;85:3;92:
18; |\n| | readings
(2) | 32:10 | representing
(1) | 3:15;58:12 | 108:5,14 |\n| | 12:25;13:6 | refused
(3) | 70:5 | right
(82) | sat (I) |\n| | real (3) | 11:17;13:11;32:6 | request
(6) | 3: 10;6:2; 17:19,25; | I
62:13 |\n| | 13:14;16:8;47:6 | regarding
(5) | 10:8;64:3,24;65:3, | 18:16,19,22; 19:1,4, | satisfy (1) |\n| | realized
(1) | 78: 1,2; 103:5,15; | 9;66:18 | 17;20: 1,4,24;21 :3,7, | I 98:7 |\n| | 101:20 | 107:18 | requested
(5) | 9,10,24;22: 1,5,7,22, | save (1) |\n| | really (10) | registered
(1) | 28:2;32: 12;33:6, | 25;23:4,10,18;25:
15, | I 89:5 |\n| | 9: 16;13:16;25:9; | 88:12 | 18;100:9 | 23;26:4,25;27:11,12, | saw (11) |\n| | 36: 13;42:21,25; | regurgitation
(2) | requests
(3) | 19;28:7;29: 16;30: 15; | 7: 12;13:10;21 :23; |\n| | 47: 16;87:20,23; | 13:23;46:1 | 66:1,7,10 | 31: 10,22;32:7;33:2,4, | 22: 11;28:6,8;41: I; |\n| | 95:12 | re-introduction
(1) | required
(4) | 10,14;34: 13,16;36:7, | 46:20,24;59:20;69:4 |\n| | reason
(3) | 16:5 | 5:5;58:21 ;76: 17; | 17,21 ;37:5,16,19,22, | saying (9) |\n| | 10:22;48:21 ;98:6 | reiteration
(1) | 80:24 | 25;40: 16,19,24;41:4, | 11:23;13:13;21:9; |\n| | reasons
(4) | 16:4 | requires
(3) | 19;42:23;46: 17,21; | 26:3;37: 1;47: 10; |\n| | 6:23;49:25;63:7; | (I)
reject | 3:24;4:25;75:23 | 47:20;48: 16;55:7; | 50: 18,22; I09:20 |\n| | 103:10 | 88: 13 | re-registered
(1) | 62: 17;69:6;76: 13; | school (2) |\n| | re-boa rd (1) | related
(1) | 88:8 | 79:25;84: 18;90:24; | I
49:12;50:2 |\n| | 65:17 | 108:5 | reserve
(1) | 91 :21;92: 12;93:3,6; | scoping
(1) |\n| | recall (24) | released
(4) | 74:23 | 94:15;98:5;99:7,11; | |\n| | 29:22,23;30:3,11
; | 44:21 ;45: 1,6,11 | residence
(9) | 100:2,17; 103: 17; | I 10:11
search
(1) |\n| | 32:3;34: 1,10,25; | relevance
(12) | 101:2,18,21; | 104: 11 | |\n| | 38: 17;40:7;42:23; | 24: 13;43:20,24; | 104: 14;107:9,12,16, | role (3) | I 10:7 |\n| | 59:9,17;60: 16;61:16, | 46:4,8;60:23 ;62:8, | 19;108:13 | | Searles
(40) |\n| | 22;62:21 ;63:21,23; | 10;68: 12;94:9,13,24 | resides
(1) | 52:11;57:11,12 | 2:19,19;23:25; |\n| | 64: 13,14;66:2, 18; | relevant
(9) | | Roscalitar
(1) | 26:8,11 ;27: 13;28:25; |\n| | 68:6 | | 93:10 | 41:2 | 32:9,12,25;41 :8,17; |\n| | | 11:8;12:21;24:24; | resolved
(2) | roughly
(2) | 43: 17,24;44: 14,23; |\n| | receive (2) | 25: 1;60:6;63: 12,13; | 38:3;42:25 | 57: 17;63:23 | 45:4;47:23;48:
1; |\n| | 85:10,11 | 71:19;95:12 | resolving
(1) | rule (2) | 53:5;54:5;55:2,13; |\n| | received
(11) | relied (2) | 16:1 | 24:23 ;92: I0 | 89: 16,25;90:3;91 :2, |\n| | 6:4;20: 14;49: 15; | 5:19;7:22 | respect
(7) | ruled
(1) | 10,14,18,23;92:22; |\n| | 64:25;72:3,12;78: 14; | relief (2) | 24:4;43:25;71 :9; | 26:10 | 94:7,13;95: 18,24; |\n| | 79:3,6,12;80:6 | 109:13,15 | 73: I;74:
15;100:7,25 | rules (2) | 96: 13,17,24;97:6 |\n| | recently
(2) | remarks
(2) | respectfully
(1) | 68: 19;94:6 | seat (2) |\n| | | | | | I |\n\nMin-U-Script@ (11) quite - seat\n\n| Case 22-50073 | Doc 440-15 | Filed 05/25/22 | Entered 05/26/22 15:30:37 | Page 123
RECEIVED NYSCEF: 05/08/2019 |\n|-------------------------------------------------------------------|-------------------------------------|----------------------------------------------|---------------------------------------|-----------------------------------------|\n| NYSCEF DOC. NO. 331
Pacific Alliance
Asia v.
Kwok Ho Wan | | of 126 | | |\n| | | | | April 26, 2019 |\n| 56: 13;98:4 | sets (2) | 67:21,24;68:4,16,18, | 64: 16,21,24;65:4,6, | I
state (4) |\n| | | | | |\n| seated (I) | 16:6;46:2 | 19;69:5;75:24;78:6 | 12;66:4,21,24,24; | 117:4;56:9;97:25; |\n| 17:7 | seven (4) | significant
(4) | 67:8;82:4,18;83:5; | 98:13 |\n| second (16) | 9:4; 18:6,7;48: 14 | 8:16;9:22;10:11; | 107:16 | stated
(I) |\n| 4: 14,18;5:2;30: 18, | several
(2) | 21:6 | son's
(I) | I 68:7 |\n| 24,25;48:2;50:3,4; | 3:1;75:10 | significantly
(I) | 7:1 | statement
(6) |\n| 53: 17;78: 17;83:23; | shaking
(I) | 99:6 | Sorry
(28) | |\n| 96:24;104:18; | | | | I 26:18,19;30:14; |\n| | 31:12 | signing
(I) | 20:10,11;36:15,18, | 40: 18;46: 13;50: 18 |\n| 109:13,16 | shell (2) | 67:19 | 19;39:13;40:23;51 :5, | statements
(3) |\n| Secrecy (I) | 8:21;10:19 | similar
(I) | 8,8,8,8;52:9;54:25; | I 26:24;35: 15;37:8 |\n| 7:2 | Sherry
(4) | 6:23 | 55: 1,1;66:8;68: 13; | States
(3) |\n| secreted
(I) | 57:3;81:19,22; | similarly
(I) | 71: 14;77:7;85: 1,2; | I 14:16;60:11,18 |\n| 98:12 | 109:24 | 6:21 | 91 :2;93:8;94: 18; | status
(I) |\n| sections (2) | | | | |\n| | Sherry-Netherland
(69) | simple (2) | 98:23; 100: 12;101:6 | I 99:1 |\n| 96:4,9 | 6:6,8,15;7:8,11,12, | 11:2;43:3 | sort (2) | step (2) |\n| secure
(I) | 17,21;8:5,7,11,19; | single (I) | 59:12;108:7 | I 48: I;55:22 |\n| 62:3 | 15:3;20:20;56:21; | 28:6 | sought
(3) | still (6) |\n| security
(II) | 57:19,21;58:11;59:7; | Sister
(2) | 63: 19;64:6;86:3 | I 25:24;29:7;30:20; |\n| 6:16;61:17,19; | 60:9,13,17,25;61 :3,6, | 50:12,16 | sound
(2) | |\n| | | | | 47: 15;48: 17;I03:7 |\n| 63: 19,24;64:7;67: 17, | 13;63:10;64:2,5; | sister-in-law
(2) | 13:5;15:15 | stipulate
(4) |\n| 18;80:24;81: 1,3 | 65:8,11 ;67:21 ;68:3, | 48: 16,20 | sounds
(I) | I 12:15;44:11,14,15 |\n| seeing (2) | 20;70: 19;71: 18;72:3, | sit (3) | 24:12 | stipulated
(8) |\n| 9:20;49:23 | 4,16,24;76:6;78:
10; | 30:21 ;38:8;39:6 | speak
(8) | I 3:5,18;12:14,18,21, |\n| seeking
(3) | 79:22;82:9;85: 10, 16, | situated
(I) | 47:7,24;53:
19,23; | 22;46:6;70: 16 |\n| 14:17;108:10; | | | | |\n| | 24,25;86:5,21 ;87: 16; | 6:22 | 60 :6;75:20;83 :8;89:3 | stipulating
(I) |\n| 109:9 | 88: I,4,9, 13, 16,19; | situation
(3) | speaking
(3) | I 46:2 |\n| seemed (I) | 90:9;93:3;98:
15, 16, | 31:24;39:5;50:5 | 49: 1;53: 18;54: 16 | stipulation
(2) |\n| 83:11 | 17;I01:2,5,9;104:
16, | situations
(I) | speaks
(3) | I 24:2;45:1 |\n| seems (I) | 23;106:5,13 | 65:20 | 72: 13;82:25;83: 1 | stock (3) |\n| 83:14 | Sherry-Netherland's
(I) | six (3) | spent(l) | I 88:1,7,12 |\n| | | | | |\n| select (2) | 72:23 | 48: 17;49: 11;50:23 | 47: 11 | stop (I) |\n| 89: 19;91:11 | Sherry's
(I) | size (I) | spoke (I) | I 50: II |\n| selection
(I) | 88:21 | 62:3 | 54:2 | stopped
(3) |\n| 94:1 | ship{l) | skip (I) | spoken
(3) | I 49: 13,22,23 |\n| sell (12) | 57:15 | 59:3 | 83:5,10;89:17 | straight
(I) |\n| 5:25;11:24;14:3; | | | | |\n| | shock (I) | slide (2) | Spring
(13) | I 24:25 |\n| 18:25; 19:17;85: 12; | 88:5 | 4:4;28:13 | 23:5;27:3;42:7; | strategy
(I) |\n| 87:4;98: 18;104: 15; | short
(4) | Sloane (13) | 47:2;51: 16,19,21 ,23; | I 38:3 |\n| 106:16;107:18; | 3: 16;9:3;63: 16; | 19:1,4,6,8, 12,16, | 52:1,1,11,22;53:24 | Street
(2) |\n| 108:12 | 102:22 | 25;21 :8;22:8, 11,20, | squabble
(I) | I 17:6;56:12 |\n| selling (2) | | | | |\n| | shortly
(2) | 23;64:14 | 96:19 | stronger
(I) |\n| 19:4;58:16 | 64:6;70:22 | small (I) | stage (I) | I 9:22 |\n| sells (I) | show (18) | 18:8 | 103:2 | structu
re (4) |\n| 87:5 | 8:14,16,18,20; | sold (I) | stand
(5) | I 6:18;61:6,10;86:12 |\n| send (2) | 9: 15;13: 14;31:5,9, | 55:5 | 14:9;25:4;32:23; | Stuart
(I) |\n| 19:8,11 | 10;42:11,22;47:13; | sale (2) | 55:24;89: I | |\n| sense (3) | | | | I 2:15 |\n| | 60:9;61: 12;66: 12; | 105:14,19 | standard
(9) | studied
(I) |\n| 96:8;97: I;99: I | 71 :21;74:3;90: 16 | solved (I) | 3: 17;4:5,21,24,25; | I 50:3 |\n| sensitive
(I) | showed
(3) | 108:21 | 5:24;7:3; 11:8;65: 19 | stuff{l) |\n| 21:5 | 6:8;8:1;31:11 | somebody
(IO) | standards
(4) | I 47:10 |\n| sent (3) | showing
(4) | 13:15;81: 13;84:8; | 4:24;102:11;103:2, | subject
(7) |\n| 20: 14;59:24;69:5 | 6:20;43: 17;60: 17, | | | |\n| | | 87:25;88:11,12,13; | 3 | 14: 18,20;24:2; |\n| separate
(3) | 18 | 104: 15;105:8; 109: 17 | standing
(I) | 68:11;71:18,19; |\n| 36:20,25;37:2 | shui (I) | somehow
(I) | 51:2 | 100:4 |\n| sequence
(I) | 63:7 | 30:23 | stare
(I) | submit(3) |\n| 92:6 | side (I) | someone
(7) | 36:16 | |\n| | | | | I 6:21;58:23;89:5 |\n| serious
(2) | 90:1 | 8:9;20: 19,23;64:9; | start
(13) | submitted
(16) |\n| 4: 17;26: 1 | sign (2) | 82:3;83:3;84:3 | 3: 11,14;28:2;48:4, | 5: 17;13:24; 15:2; |\n| served (2) | 54:13;61:23 | sometimes
(2) | 8;49:5;51 :25;52:2, | 23:2;25: 14,22;41 :20; |\n| 69:1;76:11 | signature
(I) | 19:15;36:15 | 22;76:20;89: 13;99:5; | 43:4;53: 15,25;60:2; |\n| set (7) | 78:7 | son (24) | | |\n| | | | 102:12 | 84: 13, 16;90: 11; |\n| | | | | |\n| 2:7,8; 10:20,24;
65:3;85: 18;102:7 | signed
(12)
15:4;42:2;54: 10; | 48: 14,19;49:9, 10,
13,21,23;50:23;51: 1; | started
(3)
28:9;48:6;91:
18 | 101:4,8
~ubmitting
(2) |\n\n----------\n\nMill-U-Script@ I\n\n(12) seated - submitting\n\n| Case 22-50073
NYSCEF DOC. NO. 331
Pacific Alliance
Asia v. | Doc 440-15
Filed 05/25/22 | of 126 | Entered 05/26/22 15:30:37 | Page 124
RECEIVED NYSCEF: 05/08/2019 |\n|---------------------------------------------------------------------|------------------------------|------------------------|---------------------------|-----------------------------------------|\n| KwokHoWan | | | | 26, 2019
April |\n| 53:9;65:22 | (3)
swearing | 17:2;28:22;32:22; | 103:14;107:3 | 3:6;6:25; 10: 10; |\n| suborn
(I) | 26:4;43:5,7 | 38:20;52:25;56:8; | today's
(I) | |\n| | | | | 31:12
I |\n| 5:16 | switching
(I) | 74:3;97:20 | 13:22 | true (5) |\n| subpoena
(I) | 55:2 | testifies (I) | together
(7) | I 76:15;97:24;101:2, |\n| 14:6 | (6)
swore | 15:16 | 18:9;50:3;57: 14; | 9,13
I |\n| subpoenaed
(2) | 5: 19;28: 16;41:21; | testify (8) | 58:20,22,22;79:
10 | trust
(7) |\n| 73:16,17 | 43: II ;44: 11;46: 10 | 5:11;6:7,10,24;7:6, | told (25) | I 6:25;64: 17,19,24; |\n| subsequent
(I) | (12)
sworn | 16;73:15;95:7 | 2:6;7: 13;8:5,6; | 65:6;66:24;81: 17 |\n| 70:15 | 17: 1,9;25:6;26: 18, | (2)
testifying | 10:6;22:11,13,23; | trustee
(2) |\n| subsequently
(I) | 19;27: 10;28: 19;35:6; | 32:23;62:7 | 33:4,5;36:5;39:4,19, | I 58:8,9 |\n| 59:25 | 37:8;56:7;97: 18,19 | (41)
testimony | 21,22,23;40: 1,4; | truth
(5) |\n| succeed (I) | | 5: 14;8:2,5;9:4,7,9, | 49:20;50:4,12,19; | I 5:22;23:24;73:23; |\n| 12:17 | T | 9; 13:4; 16:18;25:6,7; | 65: 12;72: 16;82:9 | 95: 12;97:23 |\n| success (I) | | 26: 12,13;28:21 ;29:I; | Tony (1) | try (13) |\n| 3:19 | table (3) | 32:17;37:11,12; | 84:17 | 10:7;27:5;31: 14; |\n| sue (I) | 21 :2;24:23;47: 10 | 54: 14;62: 10;66: 13, | took (4) | 33:6;43:3;46: 14; |\n| 73:8 | Taiwan
(2) | 15;71: 17;73: 10,21, | 2:8;12:1;51:22; | 47:7,24;53:22;56: 17; |\n| sufficient
(2) | ,
84:6,7 | 25;74:6,9;79:9; | 73:1 | 73: 12;99:2,3 |\n| 5:1;100:15 | tale (1) | 86:25;90: 15,18,25; | top (3) | trying
(II) |\n| (2)
suggested | 95:10 | 93: I;94:9,20;95:4; | 6: 11;21: 15;104:21 | 3: 15;10: 13;24:22; |\n| 100:21;108:21 | talk (5) | 96:4; 101:13;105:6,7 | topics (3) | 27:8;36:18;47:11,18; |\n| summarize
(I) | 7:4;10:14;13:11; | theirs
(2) | 10:18; 11:2;55:2 | |\n| 73:25 | 18:24;38:5 | 45:10,11 | Tor (I) | 50:9;67: II ;74: 19; |\n| summarized
(I) | | | | 109:22 |\n| | talked
(3) | therefore
(3) | 97:15 | Tsang
(I) |\n| 74: 11 | 5:8;11:4,5 | 93:16;101:12; | T-O-R
(I) | j
82:22 |\n| summarizing
(2) | (7)
talking | 108:6 | 97:15 | urn (3) |\n| 74:6;94:19 | 27:21 ;43:2;49: 13, | (6)
third | total (2) | I 40:10;89:3;105:17 |\n| sun (I) | 22,23;50:11;53:22 | 8:11;13:20;45:25; | 9:4; 18:7 | turned
(I) |\n| 107:3 | talks (I) | 50:9;53: 17;86:20 | totally
(2) | I 79:12 |\n| super
(6) | 24:17 | (4)
though | 18:9;30:23 | twice (2) |\n| 30: 19;31:3,7,22; | tape (12) | 32:7;35:6;45: 15; | (3)
touch | I 16:6,21 |\n| 36:16;47:13 | 10:9,17;11:3,19; | 86:21 | 67:5;83:3,3 | twist (I) |\n| supplied
(I) | 12:9;28:5;49: 17; | (8)
thought | (2)
track | I 24:22 |\n| 78:24 | 91: 1;94: 16,22;95: 1, | 4:6,11;12:4,7; | 51: 10;52:23 | two (30) |\n| support
(6) | 14 | 20: 18;62: 18;91:3; | transactions
(1) | 4: 15,23;5:22,25; |\n| 4:5,20;23:7;25: 14; | task (1) | 108:20 | 57:17 | 6: 10;7: 19,24; I0: 19, |\n| 40: 18;84:4 | 12:1 | thousands
(1) | transcript
(6) | 21 ;13:24; 16:6;22: 18; |\n| (2)
supposed | team (I) | 42:12 | 12:24; 13:3;34:4; | 28:24;36:20,25;37: I, |\n| 8:25;52: 18 | 52:12 | threaten
(3) | 89:6,8;92:21 | 12;42: 11;43: I;46:2; |\n| supposedly
(I) | technical
(1) | 42: 16;49: 18;50:7 | transcripts
(3) | 49:25;53:3;78: 18,23; |\n| 11:24 | 31:6 | threatened
(1) | 12:23,23;13:6 | 84:24;90: 19;95: 18; |\n| Supreme
(I) | teed (1) | 48:21 | | |\n| 25:23 | | | transfer
(21) | 99: 15;I00: 14;104:20 |\n| | 9:3 | three
(4) | 6:25;7:2;64: 15,20, | type (4) |\n| Sure (II) | telephonic
(I) | 3:18;43:1;67:19; | 24;65:2,3,22;66:23; | I 58:24;59: 17;63:9,9 |\n| 3:8;5:25;31: 17; | 83:25 | 108: 11 | 85:24;86:3,19;87:8, | typical
(4) |\n| 33:24;35:3,20;52:17, | telling (2) | throughout
(I) | 12;98: 19;101 :20; | I 59:12;63:10,14; |\n| 17;57: 15;62: 10; | 5:22;99:8 | 9:19 | 105:4,23;106:3; | 74:15 |\n| 99:17 | ten (1) | timeline
(1) | 108:13;109:1 | typing
(1) |\n| surprised
(I) | 39:6 | 62:22 | transferred
(8) | I 63:9 |\n| 109:11 | (3)
tenant | times (3) | 85: 14;86: 17;87: 16; | |\n| suspended
(I) | 61 :6,9;80: 15 | 3:1;11:16;50:5 | 88:8,12;95:8;98: 15; | U
I |\n| 108:7 | (2)
tenure | timing (3) | 104:22 | |\n| suspension
(1) | 57:19;61:5 | 44:3;45: 18;63:9 | transferring
(3) | t
Ullman
(18) |\n| 108:16 | (2)
term | title (6) | 64: 10;82:3; 106:23 | 6:5,5, I0, 14,24;7:4, |\n| sustain
(I) | 53: 1;54:22 | 56:23;64: 10;66:24; | transfers
(2) | 6;56:11,16;74:22; |\n| 14:10 | (6)
terminated | 105:24;106:3,9 | 104:18;105:3 | 75:3,7,22;76: 15; |\n| sustained
(10) | 41 :23;43:6,10,11; | today (25) | transit
(I) | 77:22;78: 16;85: I; |\n| 60:8;67: 14;70:9,9, | 44:12;46:12 | 3: 15;4:9, 19;5:5,10, | 17: 12 | |\n| 9;73:2,3;74:8,17,21 | terms
(2) | | | 87:25 |\n| swear (2) | | 12,21;11:14;12:11; | (3)
translate | ultimate
(5) |\n| | 16:15;58:18 | 13:8,25;14:6; 16:3,7; | 15:13;19:10,11 | 174:1;85:15;86:14; |\n| 27: 17;97:22 | terrible
(I) | 24: 16;25:7;44:3; | (2)
translator | 102:15;103:3 |\n| sweared
(I) | II: 13 | 71:20;73: 12,23;94:1; | 5: 14;32:7 | ultimately
(I) |\n| 36:9 | (8)
testified | 98:25; 100:23; | (4)
tried | I 33:2'. |\n\n--------\n\n(13) suborn - ultimately\n\n| Doc 440-15
Filed 05/25/22
Entered 05/26/22 15:30:37
Pacific Alliance
Asia v.
RECEIVED NYSCEF: 05/08/2019
of 126
Kwok Ho Wan
I
unavailable
(2)
29:8;50:10
101:23;103:9
16;27: 16;29:5,7, 12,
year (3)
93:13;96:7
Vice (3)
WeChat
(1)
14;32: 12,20,23;39:3;
I 42:3;46:11;63:22
unconditionally
(1)
6:6;56:23;78:8
49:23
43: 15;51 :5,8;54:5,6,
years (11)
8:23
video (22)
weeks (1)
8;55: 1,23,24,25;56:3,
15:8,8;18:21;
under
(7)
7: 17;9: 15; 10:9, 17;
7:19
11;66:9,11,12;67:3;
49:11,12;50:23;57:5,
3:23,24;5:24;9:6;
11:3,19;12:9;28:5;
Wei (5)
68:23;69: 16;70: 14,
10;59: I;62: 18;75: 10
104:11;107:9;108:14
49:24;50: 17,21 ,22,
105:6,8,8,9; 107: 10
22,25;71 :2,4,24;
York (29)
underlying
(1)
25;89:4,22;90:
16;
W-E-I
(1)
75: 15;77:17,21 ;86: I,
6: II ;9: 18;17:6,6;
53:10
91: I;94: 16,22;95: 1,
107:10
6,9;87: 13,17;88:24,
18:19;23:5;27:3;
understands
(I)
14,20
Welcome
(1)
25;89: 1,3;93: 14;
34: 15,18, 18,23;49:5,
15:9
view (4)
2:23
95:7,15;96:7;97:8,
8;51:12,17,19,21,23;
understood
(8)
67:10,13;74:18;
weren't
(4)
24;98:2
52: 1,2;56: 12, 12;
10:14;15:18;19:13;
99:4
26:3;84: 14;93:24;
witnesses
(2)
59: 1;86: 12,14;87:3;
25: 17,19,25;54: 10;
violate
(1)
94:11
3:16;5:11
106:7,12,23
85:9
68:10
West (1)
witness's
(1)
younger
(2)
unfortunately
(1)
violation
(2)
56: 11
86:24
50:12,19
I
75:21
70:12,19
What's
(4)
woman
(1)
YouTube
(2)
Uniqueness
(1)
Virgin
(1)
17:23;46:2;58:21 ;
35:10
I 11:21,22
60:24
106:8
Wong (1)
77:22
Yvette (4)
unit (I)
voice (8)
WhatsApp
(1)
20:3
116:23;20:3;21:15,
87:15
11:23;12:3;13:15,
49:23
word
(2)
18
United (4)
16;17:3;49: 17;50:21;
whenever
(2)
8:12;47:15
Yvetteyue423
(I)
14:16;60:11,18;
56:10
108:24,25
words
(1)
I
20:4
84:17
voluntarily
(1)
Whereupon
(23)
51: I
Z
university
(1)
14:8
3: 12;17:15;19:20,
work
(10)
I
48:8
volunteer
(1)
22;23:13,15;28:11;
17:19,20; 18:3, II,
.1
Unless (2)
73:15
40: 12;43: 14,22;
18;48:24;51: 13,14,
Zero (1)
62:6;109:9
voted (4)
55:23;56: 1,5;69:9, 15,
25;52:22
I 5:20
unprecedented
(1)
79:20,24;80:8,15
24;71 :23;77: 14,20;
worked
(1)
Zhang
(5)
6:15
vouched
(1)
83: 19;88:25;97: 17;
18:15
I 105:6,8,8,9; 107: 10
up (23)
84:10
99:25
working
(5)
1
2:7,8;5:9;6:5;9:3;
whole (11)
48:4,6,8;49:5;
I
W
10:20,24; 14:16,16;
6: I; 13:12;17:20;
51: 12
I
18:25;24: 16;47:25;
18:12;29: 10;43: 1;
works
(1)
1 (3)
51:2;65:3,22;73:5;
wait (1)
48: 14;50:7;71: 13;
10:1
I 76:21,23,24
77:3;84:24;85: 18;
103:24
89: 11;90:6
world
(2)
1.5 (1)
89:8;93:2;94:7;95: 10
walk (I)
Whose (1)
6:2;48:25
I 49:10
upon (1)
90:15
36:2
Worldwide
(1)
1:00 (1)
15:8
Wan (4)
willing (2)
49:4
I
103:20
use (3)
2:3; 17:24;59:4;
50: 18,22
worth
(1)
10 (1)
25:7;29:21 ;82:21
98:2
win (1)
24:14
I 18:21
used (12)
W-A-N (1)
73:13
wrap
(1)
100 (5)
8: 12;9:7;25: 19;
wishes (1)
98:3
73:5
135:17,18;36:8;
50:25;53:2;61 :6,9;
Wang
(21)
107:25
write
(2)
45:4;48: 13
81:4;85:5,6,6;96:4
5: 13, 13,21; 16:23;
withdraw
(1)
19:7,10
10019 (1)
useful (1)
17:5,19; 19:16,25;
64:6
writing
(2)
I 56:12
•
4:6
23: 18;25: 12;26:23;
withdrawal
(1)
71:12,15
101 (1)
using (2)
27: 10;28:22;29: 16;
108:16
written
(2)
I 26:22
6:10;24:7
30:3;33: 1;40: 16;
within
(2)
72:2;104:12
102 (I)
usually (1)
41 :20;46:20;47:24;
53:24;63:22
wrong
(I)
I 34:20
35:20
72:25
without
(21)
74:2
r-minute
(I)
Wang's
(2)
9:2;11:17;28:13;
wrongdoing
(1)
92:15
V
17:12;46:10
42: I;47: 10;48:21;
5:3
jl
(I)
wants
(I)
85:24;86:4;95:9;
38:13
X
various
(3)
105: 10
97:1;98:15,19;
j2 (I)
4:2; 12:23;89:7
waste (4)
103: 13;106: 17,24;
59:1
veil (14)
4:7;31: 15;98:5;
107:6,11,14,16;
X-ed (I)
r51
(1)
4: 14,15,24;5:7,7,9;
99:10
108:9,23
95:3
103:21
100:8,16,18,21;
wasting
(4)
witness (73)
13 (I)
y
102:20,25; 103: 12,15
44: 13,22;99: 12, 13
4:12,13,13,13;
34:
8
versus
(I)
way (8)
1
14:9; 16:23; 17:5,8,9,
J5 (I)
2:2
15:24;22: 12;29: 13;
16;19:21;23: 14;25:3,
Van (1)
32:19
via (2)
31 :9;50:20;95:23;
3,4,5,5,11 ;26:8, 16,
17:5
1
50(I)
1 | FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM | | INDEX NO. 652077/2017 |\n|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------|--|-----------------------|\n| | Case 22-50073
NYSCEF DOC. NO. 331 | | Page 125 |\n| | | | April 26, 2019 |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n| | | | |\n\nMin-U-Scripl@ (14) unavailable - 150\n\n| Case 22-50073
NYSCEF DOC. NO. 331
Pacific Alliance
Asia v.
Kwok Ho Wan | Doc 440-15 | Filed 05/25/22
of 126 | Entered 05/26/22 15:30:37 | Page 126
RECEIVED NYSCEF: 05/08/2019
April
26, 2019 | |\n|------------------------------------------------------------------------------------|-----------------|--------------------------|---------------------------|--------------------------------------------------------------|--|\n| | | | | | |\n| 17:6
16 (3) | | | | | |\n| 49:14,24;50:11 | 5 | | | | |\n| 17 (2) | 57th (2) | | | | |\n| 9:24;19:24 | 17:6;56: 11 | | | | |\n| 19 (I) | | | | | |\n| 34:9 | 6 | | | | |\n| 2 | | | | | |\n| | 60 (I)
57:20 | | | | |\n| 2 (I) | 62012 (I) | | | | |\n| 41:2 | 3:17 | | | | |\n| 2.3 (I)
64:1 | 62013 (3) | | | | |\n| 2:00 (I) | 3:23,24;24: 17 | | | | |\n| 99:23 | 64 (I)
92:1 | | | | |\n| 2009 (3) | 65 (I) | | | | |\n| 18:21;48:6;51: 13 | 92:1 | | | | |\n| 2010 (I)
57:6 | 652077 (I) | | | | |\n| 2015 (10) | 2:1
66 (I) | | | | |\n| 41 :4,22;43:6;49:8; | 92:1 | | | | |\n| 51:11,14;58:4;59:10, | 67 (2) | | | | |\n| 11;75:18 | 21 :7;92: 1 | | | | |\n| 2016 (I)
20:1 | 6th (2) | | | | |\n| 2017 (7) | 63:4,5 | | | | |\n| 2:2;41 :24;43:7; | 7 | | | | |\n| 49: 14,22;71:2,3 | | | | | |\n| 2018 (3) | 7 (I) | | | | |\n| 18:18;51:22;78:21
21 (I) | 34:20 | | | | |\n| 41:4 | 77 (I) | | | | |\n| 22D (I) | 34:8
78 (2) | | | | |\n| 17:6 | 29: 19;31 :25 | | | | |\n| 23rd (2) | 781 (I) | | | | |\n| 49:8;51:14
29 (I) | 98:3 | | | | |\n| 78:21 | | | | | |\n| | 8 | | | | |\n| 3 | 81 (2) | | | | |\n| | 38: 12;39:25 | | | | |\n| 3 (I)
63:23 | 8G (I) | | | | |\n| 3117a2 (I) | 56:12 | | | | |\n| 9:6 | 9 | | | | |\n| 33 (3) | | | | | |\n| 69:8,12,21 | 9 (2) | | | | |\n| 34 (2)
23: 17;53:7 | 34:21;38:13 | | | | |\n| 340 (I) | | | | | |\n| 56:11 | | | | | |\n| 35 (2) | | | | | |\n| 71:22;72:1 | | | | | |\n| 4 | | | | | |\n| | | | | | |\n| 40 (I) | | | | | |\n| 57:10 | | | | | |\n| 43 (2) | | | | | |\n| 43: 19;46:24 | | | | | |\n| 45 (I) | | | | | |\n\n. \\_.\n\nMin-U-Scripl@ (15)16-9","body_zh":null,"key_entities":["Kwok","Je","Guo","Chinese Communist Party","Ho Wan Kwok","CIPA"],"ecf_references":[{"doc_number":331,"court":"CTB"}],"word_count":35801,"status":"published","published_at":"2022-05-25 00:00:00","created_at":"2022-05-25","updated_at":"2026-07-07 08:23:46"}