Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #404-17

April 26, 2019 Hearing Transcript, PAX v. Kwok, Index. No. 652077/2017 (N.Y. Sup. Ct.), Dkt. 331

1 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 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 2 of 126

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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 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

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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 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 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 5 of 126

or 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.

The 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.

This 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.

16 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.

20 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~.

23 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

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Mr. 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

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going 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?

5 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.

21 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

his 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.

6 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.

16 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.

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1 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.

14 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

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going to demonstrate that Mr. Kwok will not and cannot pay a judgment in this case without an attachmenl. 3 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.

18 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.

24 25 Mr. Kwok has filed 17 or so lawsuits since he's been in this country. He knows exactly how the

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defendant.

clips.

clip.

Mr.

case?

me.

10 MR. MOSS:

Mr.

questions.

16 question.

18 MR. MOSS:

shel!l.

apartment.

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about that, and here is what happened when I asked him simple questions on those topics.

4 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.

20 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

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papers.

task.

Mr.

3 voice.

4 authentic.

him.

you?

question.

then.

10 MR. MOSS:

Honor.

today. 12 MR. HARMON:

Honor.

merits.

you.

1 the hearing. 2 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.

18 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

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answers 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.

The 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.

15 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.

25 We have a language barrier here. Mr. Kwok

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does 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

11 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.

21 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 Proceedings 1 2 3 a meet and confer, resolving it discovery issues. We didn't do what you are going to hear today with the Court on that. So I belilve that from the Plaintlffs, 4 5 6 7 8 based on this presentation, is a reiteration and re-introduction of everything that they have already said twice, in two sets of motions. I hope that that's not going to be what we do today. I hope we are going to get to some real evidence that addresses the 9 10 11 questions that your Honor, that if the their case, I will Honor has, and I tell you, your 1 . . d . I p a~nt~ffs don't 0 ~t as part of ask Mr. Kwok on my opportunit~ to 12 13 15 16 cross examine him. Thank you. MR. MOSS: Your Honor, to a couple, very, very briefly. evidence, you asked us -- I just want to respond First, in terml of the 17 18 19 20 21 . 22 23 24 25 THE COURT: We should just proceed with the testimony. MR. MOSS: Let's go. Perfect. Thank you, your Honor. . THE COURT: We argued motions twice before. MR. MOSS: Fair enough, your Honor .. wl call our first witness, Yvette Wang. Lisa A. Casey - Official Court Reporter 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 18 of 126

Wang.

follows:

CLERK:

address.

WITNESS:

Ping.

York.

CLERK:

you.

seated.

WITNESS:

sir.

OFFICER:

10 Honor. 11 MR. MOSS:

12 Ms.

transit.

her?

you.

16 witness.

MR. MOSS: 19 Ms.

Mr. Kwok; right?

family. 21 Mr.

family?

No.

Family. G-U-O.

Mr.

name?

Wan. 25 Guo; right?

name?

A.

18 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 126 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 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 21 of

2016; right? 2 Correct.

GMail; right? 5 Correct.

email. address?

any lore. 10 Sorry.

me.

Q off.

address?

Correct.

emails?

15 Correct.

page.

that? 22 Yes.

Q an.

apartment; right?

email. Yes.

A.

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> 21 Wang - for Plaintiff - Direct by Moss 1 2 3 Q Well, you knew that. That email refreshed ¥our recollection that there was a \$60 million offer on thb table; right? 4 A Correct. 5 6 7 Q It says, "I'm sensitive to the fact that you have aIready rnade a very s~gn~ ' 'f'~cant concess~on'h w en you agree I d to I counter at 67 million;" right? I read that correctly? 8 9 A Q This is from Ms. Kathy Sloane, her email. Right. And what she was saying was that Mr. Kwok 10 countered the offer; right? You know that? 11 12 A Q I don't know about this. You don't know whether or not Mr. Kwok countered 13 the offer? 14 A Correct. 15 16 Q Okay. And she said, at the top, please read to this Miles at your earliest "Dear Yvette, conveniencl." Do 17 you see that? 18 Do you see that portion, "Dear Yvette, please read 19 this to Mil<;!sat your earliest convenience"? 20 21 A Q Which page? See that portion, "Please read this to Miles at 22 your earliest convenience"? 23 24 25 A Q A Yes. I saw this. And Miles is Mr. Kwok; right? Correct. Lisa A. Casey - Official Court Reporter

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him; right?

did.

for.

one. Mr.

5 offer; right? 6 Yes.

that; right?

Mr.

Ms.

11 Ms.

me.

12 email.

way.

Mr.

me.

information.

information.

17 18 When you ask me, do you know I'm just a messenger between these two 19 have that personal information. I just gathered that 20 information from either Ms. Kathy Sloane or Mr. Kwok. I'm 21 just a messenger.

22 23 Q Right. You passed the the \$60 million offer that Kathy message to Mr. Kwok about I Sloane told you about. 24 25 A Q I did. Right. And Mr. Kwok knew about the offer.

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23 Wang - for Plaintiff - Direct by Moss witness. ) Court. ) (Whereupon, an exhibit was displayed to the MS. SEARLES: There are actually a few key Lisa A. Casey - Official Court Reporter In this case? Yes. Correct. You know you submitted an affidavit in this case? Yes. Q A MR. MOSS: Your Honor, it's not in evimence. They have an objection to it. I offer it. It's not for the.truth. A Q A MR~ MOSS: This is PX 34. Q This is your affidavit; right, Ms. Wang? A Correct. Q You did that on behalf of Mr. Kwok; right? A I did that on behalf of Golden Spring New York and the Guo Family, yes. Q Well, you did that in support of Mr. Kwok's opposition to our motion to attach his apartment. A Yes. Q Right? A Yes. Q Let's take a look at the affidavit. (Whereupon, a document was handed to the 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

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issues 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 MR. MOSS: Your Honor, it sounds like a

12 13 relevance objection, which, I think 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

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> 25 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

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25 affidavit; right?

24 have any personal knowledge of the statements in the

5 I .

people.

6 information.

people.

Ms.

Mr.

apartment; right?

12 entity; right? 13 SEARLES: MS. Objection. Leading.

COURT:

overruled.

OFFICER:

answer.

WITNESS:

answer. Okay.

yes.

yes.

Mr.

not; right?

knowledge?

U.S.

all.

A.

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that.

peopll.e;

information;

pebple. 4 MR. MOSS:

deposition.

apartment;. right?

started.

documents.

documents.

12 Court.

COURT:

Mr.

apartment.

doesn't.

her.

testimony. 22 Ms.

Mr.

affidavit. 25 MS. SEARLES: Objection.

A.

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 30 of testimony. Wang - for Plaintiff - Direct by Moss THE COURT: Okay. Look ,.do you know whether Mr. Kwok owns the 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? FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 126

THE WITNESS: No, your Honor. Yeah.

16 17 18 Q Ms. Wang, do I have it right that you just said you did see papers about the ownership of the apartment? A Correct.

THE COURT: Okay. Go ahead.

Q Take a look at your deposition, page 78.

20 21 22 23 24 25 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 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 31 of

30 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

1 foreign language, is French, and I'm learning English, so a 2 lot of, like, language barrier happen.

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

3 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

9 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.

18 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:

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NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

1 "Question:

it? 2 "Answer:

know.

answer?

sir.

deposition; right?

deposition? 9 MS. SEARLES: No. Objection.

refuse.

COURT: Okay.

12 MS. SEARLES:

one.

COURT:

16 findings.

h.lng.

falhion.

apartment.

itand.

question. 25 MS. SEARLES:

sir.

A.

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." 126

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34 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

answer?

sir.

5 know.

Court?

difference.

know.

guess.

16 court?

information.

know. Yeah.

that?

Correct.

information.

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25 whether or not there are two separate Genever entities?

entities.

Corporation; 5 right?

7 this.

information.

this.

about?

11 testimony?

knowledge.

apartment; right?

sir.

all; right?

information.

apartment; right?

this.

Mr.

pledges; right?

A.

discuss?

pledge;

3 resolved;

plan?

4 question.

discuss?

Mr. Kwok?

clearly.

pledge.

pledge.

that.

11:

Mr.

pledges? 16 "Answer:

answer?

COURT:

to.

said. 22 MR. MOSS:

conversation.

COURT:

say.

apartment?

WITNESS:

sir.

5 situation.

7 details.

logic.

Mr.

pledged?

sir.

question?

Mr.

pledged?

him. Yeah.

that?

me. 19 Mr.

20 pledged?

23 people.

me.

81:

A.

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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?

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41 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

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

1 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

19 documents.

20 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

18 very hopeless position to help to collect all of these

files.

2 Okay.

deposition.

simple.

again.

anymore?

that?

knowled6e.

terminated?

sir. 13 MR. MOSS:

Honor?

15 witness.

16 MR. HARMON:

17 MS. SEARLES:

18 her? 19 MR. MOSS:

43.

Honor.

binders.

23 Court.

24 MS. SEARLES:

A.

pledges.

today.

apartment.

this.

exist. 10 MR. MOSS:

time. 14 MS. SEARLES: No.

hhat.

COURT:

released.

that.

time? 23 MS. SEARLES:

COURT:

A.

a stipulation that the pledge was released, so there's no need for there to be any questioning about tJiS document.

MS. 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.

7 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.

15 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.

24 25 THE COURT: This is a one-day hearing. It's now an hour and a half into the hearing, a third of

papers.

5 anything.

pledge. 7 MR. MOSS:

Honor?

COURT: Yes.

MR. MOSS: Ms.

credibility.

fraud.

COURT:

right.

18 MR. MOSS:

Honor.

on.

Ms.

affidavit; right?

you?

document?

saw?

that.

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

1 2 Yes. And let me repeat again, if I may, I to Golden Spring. This is not my choice. am adminis1trator Because Chinese 3 Communist Party, they kidnap almost all my colleague, between 4 me and the company. So my background, I do not have real estate professional knowledge. 5 6 financial professional" knowledge. I do not have American I So I was the onl¥ 7 8 9 10 11 12 13 14 15 person, by then, speak at least a little bit" English, and try to help the family, so that's why. A lot of my colleague, they are either kidnapped, or disappeared, or just le~t I without saying anything, drop off their stuff on my table. I spent a long time trying to learn and diglst and figure out what they are, and I'm not good about readlng documents. Even now, sir, you show me this, and I'm buper nervous here, that if you do not point where the Pledke, that word, I still couldn't recognize this as one of the dLcuments 16 passed by my hands. Because really, my background is here, 17 I'm not a liar, and I never forge anything, and why I'm here, 18 I'm trying to help, to help the case. Thank you, sir. 19 20 Q . Thank you. MR. MOSS: Nothing further right now, your 21 Honor. 22 CROSS EXAMINATION 23 BY MS. SEARLES: 24 Q Good morning, Ms. Wang. I'm going to try to speak 25 up, so you can hear me. Lisa A. Casey - Official Court Reporter

1 MS. SEARLES:

Honor.

5 Family?

Beijing.

Europe.

Family.

11 Mr.

family; correct?

Mr.

family.

parents.

jail.

me.

A.

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1 2 3 including 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. 5 Q And when did you move to New York to start working 6 for the Guo Family? 7 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. 16 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 25 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. I came here because of two reasons. First, I'm a Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 51 of 126

1 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.

9 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.

16 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

words.

me.

COURT: Okay.

enough.

WITNESS: Sorry.

COURT:

7 question.

WITNESS:

sorry. Sorry.

Honor. 10 Okay.

bit; okay?

Family?

Correct. No.

Mr.

himself.

York; correct?

Yes.

20 Family?

2018.

disappeared.

A.

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operate.

entity?

Correct. Yeah.

Family? 9 Sorry.

question?

prjSident?

team;

litigation;

information;

day.

doing?

Correct.

that.

knowledge.

two?

COURT:

difference. 5 MS. SEARLES: Okay.

it.

in'evidence.

exhibits? 12 Correct.

documents.

affidavit?

documents.

talkiJ9.

affidavit?

A.

them.

documents?

3 MR. MOSS: Objection. Leading. 4 Yes.

5 MS. SEARLES:

witness.

COURT:

witness.

anything.

13 sign.

14 testimony?

issue.

knowledge?

affidavit.

paragraph.

Yes.

document; correct?

COURT: Okay.

Correct. Sorry.

A.

Wang.

WITNESS: Sorry.

sir. 2 MS. SEARLES:

3 'Honor.

clear.

sold?

No.

8 now? 9 Correct.

knowledge.

11 market?

all. 13 MS. SEARLES:

Honor.

MR. MOSS:

Honor?

COURT: Yes.

MR. MOSS:

market?

month.

now.

ago. 21 MR. MOSS:

else.

COURT: Okay.

down.

COURT:

witness.

A.

56 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

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

is.

position?

Sherry? 4 Q Yes.

years.

2010?

correct.

9 business?

years.

13 process?

16 board members.

Sherry-Netherland? 20 A 60.

22 Directors?

does.

chairperson?

president.

A.

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Ullman. for Plaintiff - Direct by Sarnoff

And who is the president?

2 3 A Q Michael Horvitz. And has he been the president. since Mr. Kwok's 4 purchase in 2015? 5 6 7 A Q A Yes. And what is Mr. Horvitz's background, generally? He's a former partner for Jones Day, as an 8 9 10 11 12 attorney. He is on the -- a trustee of the Frick. He is, I I think, a trustee of the Cleveland Clinic, and a former chairman of IMG International Management. Q Is the board of the Sherry-Netherland responsible for reviewing and approving apartment purchase apPlicktionS? 13 14 15 16 A Q Not in A Yes. Could you generally describe the approval process? amaz~ng , deta~,'I but Just .' to g~ve , the Court an ~I'dea. Yes. So there's a selling and purchasing bloker 17 that, they bring the client. The property is listed. They 18 19 20 bring the client. They agree on a price review the minutes of the board meetings the building. Then they put together and on terms. They and the condltion of they come to us to 21 22 ask for a package, what's required in the package. that board package together, and when it's all put They put I together, 23 they submit it to us. 24 Q And what type of information is included in 25 THE COURT: I know all about this. I las the

years. 2 MR. SARNOFF:

noted.

COURT:

it.

Kwok?

5 Yes.

Sherry-Netherland? 8 Yes.

was?

2015.

11 2015.

Mr.

process?

Yes.

board?

Yes.

provided?

afterwards.

confidential.

sent.

A.

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NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

U.S. dollars.

information? 5 MR. HARMON:

Honor.

relevant.

7 themselves.

evidence.

COURT:

sustained.

Mr.

States?

No.

name? 15 No.

States?

20 MR. HARMON:

Honor.

COURT:

objection.

anything? 24 MR. SARNOFF:

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COURT:

purchase. 4 MR. SARNOFF: Okay.

Mr.

apartment? 8 No.

Mr.

apartment?

No.

13 U.S. assets.

result? 15 Yes.

were?

Yes.

charges.

was?

million.

Mr.

agreement?

Yes.

A.

62 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 63 of 126 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 64 of 126

Ullman.

Yes.

that?

February,.

6th.

close.

Sherry-Netherland? 11 MR. HARMON:

to?

COURT:

ahead.

typical. Okay. Next.

time? 17 No.

Mr.

there come.

epos~t? 20 Yes.

approximately?

down?

A.

64 Ullman - for Plaintiff - Direct by Sarnoff 1 2 A Q I believe it was approximately 2.3 million. And did the Sherry-Netherland accede to that 3 request, to your knowledge? 4 A No. 5 6 Q Has any other purchaser of apartment, shortly after purchasing, a Sherry-Netherland sought to withdrlw their 7 security deposit? 8 9 A Q No. Did there come a time whether Mr. Kwok, or someone 10 acting on his behalf, inquired about transferring the title 11 of the apartment? 12 13 A Q Yes. What do you recall about that? 14 15 A I recall first that his broker, Kathy Sloane, had I approached me and said, can they transfer the apartment to 16 his son, Mileson Kwok's, name. 17 Q Was it in his name, or was it in a trust for his 18 name? 19 A At the time they didn't say to trust. They just 20 said they wanted to transfer it to Mileson. 21 22 23 Q A Q And Mileson is Mr. Kwok's son; correct? Correct. Did there come a time when you learned that the A 24 25 request was to transfer to a trust for ,Mr. Kwok's son? Yes, when I received a letter from an attorhey I in

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

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- -----------------------------------,-----------

Ms.

transfer.

Mr.

Mr.

son? Correct.

Mr.

son?

Yes.

correct.

request?

Yes.

respond?

M~.

process.

process?

correct.

that?

Yes.

Mr.

application?

No.

A.

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017

66 Ullman - for Plaintiff - Direct by Sarnoff 1 requests about the apartment in the period that followed? 2 3 A Q Not that I recall. Well, did there come a time when Mr. Kwok inquired 4 about making his son the contact person? 5 6 A Yes. MR. HARMON: Objection. Leading. He answered 7 8 9 10 11 the question that he made no other requests. THE COURT: I'm sorry? MR. HARMON: Leading. The witness has already answered that Mr. Kwok made no other requests. Now he is leading the witness into a different answer. 12 13 14 MR. SARNOFF: deposition testimony to would like. I can show the witness His refresh" his recollectioj, if he 15 16 MR. HARMON: Deposition testimony isn't" the answer to what he is asking. 17 18 19 Q A 20 representatives asking whether they could change the contact 21 person, and could they make it his son, as the contaot 22 person. 23 Q And this was on the heels of asking to transfer 24 title to his son, in a trust for his son; correct? 25 A Yes. Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 68 of

67 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

68 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 69 of 126

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pledged.

5 Mr.

too; 6 right?

Yes.

33?

10 Court.

Okay. 12 MR. HARMON:

book.

firm? 14 MR. SARNOFF:

brief.

16 witness.

please.

MR. HARMON:

19 evidence.

document.

COURT:

33. 22 MR. HOPLAMAZIAN:

well.

25 Court.

70 Ullman. for Plaintiff. Direct by Sarnoff 1 2 3 THE COURT: We are not going to have questions about a memorandum of law. Let's move on. MR. SARNOFF: Okay. 4 Q Was it your understanding that in this case 5 Mr. Kwok, through his brief, was representing to the Court 6 that the apartment was pledged? 7 8 9 10 11 12 13 14 15 16 17 18 19 MR. HARMON: Objection, your Honor. On multiple grounds. THE COURT: Sustained. Sustained, sustained. MR. SARNOFF: May I address that? THE COURT: Look, we have already established th t M K k h d h d . .11 . a r. wo purc ase t e apartment an , ~n v~o at~on of his proprietary lease, he pledged the apartmeht, and we have established that this witness learned abbut that at a subsequent period of time, and it has been stipulated that, at le~st as of a month ago, the apartment is no longer pledged. Q Did you notify Mr. Kwok that his apartment was pledged in violation of the Sherry-Netherland agreemeht? 20 21 A Yes. THE COURT: When did you do that? 22 23 24 25 THE WITNESS: Shortly after we found out that it had been pledged. THE COURT: Okay. And when was that? THE WITNESS: I'm guessing now, around Lisa A. Casey - Official Court Reporter

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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 72 Ullman - for Plaintiff - Direct by Sarnoff 1 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

COURT:

sustained.

3 sustained. 4 MR. HARMON:

you.

quickly.

with Mr. Kwok?

not.

you?

did.

testimony?

not.

motion? 14 A No.

16 subpoenaed? 17 A Subpoenaed.

deposition? 19 A Yes.

21 testimony? 22 A No.

today? 24 A Yes.

just.

A.

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1 briefly.

wrong.

U.S.

his.

name; correct? 5 MR. HARMON:

Honor.

7 record.

COURT:

sustained.

9 testimony. 10 MR. SARNOFF: Okay.

COURT:

summarized.

questions.

Mr.

14 MR. HARMON: Objection.

typica~?

16 MR. HARMON: Objection.

COURT:

well.

Mr.

apartment? 20 MR. HARMON: Objection.

COURT:

well.

Mr. Ullman.

23 MR. SARNOFF:

24 re-direct.

Plaintiff.

MR. HARMON:

Mr. Ullman.

afternoon.

Harmon.

before.

Mr. Kwok. 7 Mr.

Mr.

good?

yes.

Q ago.

better.

OFFICER:

14 completed.

WITNESS: Yes.

apartment;

correct?

A.

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correct.

here;

correct?

correct.

Mr.

Court? 8 Yes.

that?

10 Absolutely.

Okay.

Mr.

apartment;

right?

correct.

Mr.

Mr.

notice?

question.

19 MR. HARMON:

exhibit.

1?

number.

COURT:

1? 24 MR. HARMON:

1?

pre-marked.

A.

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

78 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 126

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

25 their lawsuit with Mr. Kwok; is that correct?

1 Yes.

yes.

Yes.

7 correct?

case?

Yes.

11 documents.

Mr.

board.

correct.

board?

correct.

correct.

Mr.

22 Sherry-Netherland?

correct.

inadequate;

right?

A.

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Plaintiff.

correct.

information?

correct.

provided?

correct.

it? 7 A Yes.

voted? 9 A Yes.

approved? 11 A Yes.

13 Mr.

approve; correct? 14 A Yes.

tenant? 16 A Yes.

U.S. assets; correct? 18 A Yes.

name; 20 correct? 21 A Yes.

owner? 23 A Yes.

deposit? 25 A Yes.

A.

Reporter.

Q Mr.

deposit? A Yes.

charges? A None.

Mr.

wab held?

was? A Yes.

owner?

LLC.

LLC; correct? A Yes.

Mr.

a I trust?

offhand.

entity;

correct? A Yes.

Mr.

entity; correct?

it?

1 Yes.

Mr.

son?

Yes. 6 Okay.

that;

correct? 8 Yes.

responded.

Mr.

it; correct?

correct.

didn't.

correct.

it?

correct.

that.

18 Mr.

person?

correct.

now?

Brenda.

name.

Mr. Kwok?

24 No.

well; correct?

A.

4 with.

Mr.

6 Mileson?

pleasantries.

pleasantries.

English?

length.

fine.

London;

he?

understanding.

fine?

English.

fluent. Okay.

17 MR. HARMON:

your Honor?

it.

20 proceedings.

21 MR. HARMON:

thing.

thing.

Mr.

approved?

A.

call.

Mr.

application?

Taiwan?

Kong.

Mr. Horvitz?

correct.

Mr. Kwok? A highly. Q highly.

were letters;

there?

were.

Tony Blair;

A correct. Q you. MR. HARMON:

else.

MR.

up questions. No.

Mr. Horvitz.

Yes.

remember.

Yes.

right?

SARNOFF: Mr. NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 86 of

1 No. Mr. Ullman. Sorry.

COURT:

sorry? 3 MR. SARNOFF:

Mr. Horvitz.

jrror.

Mr.

apartment.

LLC.

fair?

fair.

Mr.

Mr.

apartment;

correct?

Correct.

Mr.

that?

it.

Mr.

notice?

21 building;

it?

Correct.

COURT:

understand.

board; correct.

A.

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM

WITNESS:

correct.

COURT:

5 Sherry-Netherland.

WITNESS:

correct.

COURT:

question?

WITNESS:

I?

Yeah. Go.

Mr.

owner.

Mr.

LLC;

it.

apartment.

24 25 THE COURT: I don't think that's the witness's testimony.

.

1 MR. HARMON:

not.

again.

property; correct?

Mr.

purchase-sale. Yes. 7 Q.

attent1on;

10 No.

COURT:

binding.

apartment.

WITNESS:

COURT:

anybody.

WITNESS:

correct. 18 MR. HARMON:

19 that?

COURT:

really.

complicated.

ahead.

22 questions. 23 MR. HARMON:

you.

25 Mr.

A.

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88 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

2 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

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NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126

> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 90 Proceedings in, irrespective of objections on either side? MR. MOSS: Yes. MS. SEARLES: Okay. MR. MOSS: Yes. Everything you cross designated is in here, to the extent -- we are not playing the whole thing. Your Honor, this is Michael Horvitz. Michael Horvitz, you have heard, is the Chairman and prebident Sherry-Netherland. When Mr. Kwok applied to the board to purchase the apartment he submitted financial information. Mr. Horvitz reviewed that financial information lnd he I recommended to the board that they approve the purchase based on that financial information. First I jubt want to walk through some of his testimony, because I think it will be more efficient than the video, to just show you the 18 19 I don't THE COURT: I just want to hear the testimony. want any demonstratives. I've got two flet of 20 21 22 23 24 25 paper from the parties about this. MR. MOSS: Fair enough. THE COURT: This is an evidentiary hearing, so just present the evidence. MR. MOSS: All right. Mr. Horvitz's testimony. Lisa A. Casey C Official Court Reporter

2 MS. SEARLES: I'm sorry to interrupt. I'm 3 4 having a hard time -- I thought you said designations and cross designations were that aU of the in the)e, but 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this is not -- are you not playing it in order? MR. MOSS: No. Everything you countered designated, we have put in, to the extent we are not playing all of our designations. That would take 45 minutes. MS. SEARLES: Okay. MR. MOSS: This is a select clip, and to the extent we are playing something that you counter designated, we are playing your counters. MS. 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. MS. SEARLES: I mean, that is clearly started halfway through the day. MR. MOSS: Okay. I'm happy to -- the page numbers and lines are right there. I'm happy to give you -- MS. SEARLES: I can't see the page number. I can see the line numbers. That may be the issue I'm having. NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126

MR. MOSS: Okay.

67.

COURT:

perPleLed.

sequence. 7 MR. MOSS: Yes.

COURT:

10 .1.

evidence.

12 MR. MOSS:

Honor.

designated.

designated. We.

thing. 18 MR. SARNOFF:

19 designated. 20 MR. MOSS:

21 MR. HARMON:

22 MS. SEARLES:

24 designated. 25 MR. MOSS:

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evi~ence.

COURT:

Mr.

3 Sherry-Netherland; right? 4 MR. MOSS: Yes.

COURT:

here; 6 right. 7 MR. MOSS:

no.

Cleveland.

COURT:

sorry? 9 MR. MOSS:

Cleveland.

Cleveland.

COURT: Okay. 13 MR. MOSS:

unavailable.

COURT:

witness. 15 MR. MOSS: Yes.

COURT:

17 deposition. 18 MR. MOSS: Correct.

COURT:

see? 22 MR. MOSS:

evidence.

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hour.

COURT:

court. 5 MR. MOSS: Okay.

COURT:

rules.

ahead. 7 MS. SEARLES:

in.

COURT:

13 MS. SEARLES:

COURT:

right.

proceed.

played.

17 MR. HARMON:

Honor.

COURT:

sorry? 19 MR. HARMON:

object.

you.

COURT: Overruled.

played.

23 MR. HARMON:

Honor. 24 Relevance.

COURT:

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.

MR. MOSS: Our next witness is Mr. -- THE COURT: Do you have cross designations for

17 this deposition? 18 19 20 21 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 there were, at least, a couple of objections.

22 23 THE COURT: Okay. I would have overruled them all any way.

24 25 MS. SEARLES: And that's fine. I just wanted to make that point for the record.

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

designations.

9 completeness.

sections.

COURT:

MS. SEARLES:

14 MR. MOSS:

that.

COURT:

examination. 16 MR. MOSS:

advance. 17 MS. SEARLES: No.

COURT:

whom.

any. 24 MS. SEARLES: Okay.

A.

1 2 3 4 5 6 7 8 9 10 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 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 98 of 126

> 11 Mr. Kwok?

12 13 THE CLERK: Official Court Interpreter, please note your appearance.

14 15 16 THE INTERPRETER: Mandarin Chinese Interpreter, first name Tor, T-O-R, last name Huang, H-U-A-N-G.

17 18 (Whereupon, the Official Court Mandarin Interpreter was duly sworn by the clerk.)

19 20 21 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.

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 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 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 99 of 126

1 address.

WITNESS:

3 W-A-N.

Avenue.

OFFICER:

seat.

COURT:

right.

time.

acts.

Ml. Kwok.

MR. MOSS:

time.

COURT:

sorry. 24 MR. MOSS:

1 status.

Mr.

view.

6 significantly.

COURT:

right.

now'?

me'? 9 MR. MOSS:

everybody.

COURT:

right.

lime. 14 MR. MOSS:

course.

COURT:

16 o'clock.

acceptable'? 17 MR. MOSS: Sure.

Honor.

COURT:

Paul'?

CLERK: Yes.

you.

COURT: Okay.

reporter'?

REPORTER:

fine.

you.

OFFICER:

24 p.m.

A.

COURT: right.

action? 5 MR. MOSS:

Honor.

COURT:

issues? 9 MR. MOSS:

11 entities.

COURT:

sorry? 13 MR. MOSS:

piercing.

COURT: right.

18 propos~ng.

hi.ear~ng.

MR. MOSS:

Honor.

both.

23 today. 24 MR. HARMON:

COURT:

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101 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 25 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 rest of your question, but I do want to be clearl your

1 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.

19 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?

22 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

2 not.

8 discovery.

issue.

16 piercing.

COURT:

right.

THE COURT: All right. Do we have any estimated time of arrival of the interpreter? 19 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.

23 24 THE COURT: Okay. So we shouldn't have to wait too much longer.

> Let me ask the plaintiff, as a practical . I

2 MR. MOSS:

Honor.

COURT:

discretionary? 5 MR. MOSS:

place?

order?

the question?

COURT: Yes. 9 MR. MOSS:

Mr.

residence.

somebody.

it.

apartment.

that.

that.

Genever entities, their assets, which include thi

it.

done.

problems.

testimony.

Mr.

apartment.

COURT:

no.

Mr. Kwok; correct? 15 MR. MOSS:

COURT:

LLC. 18 MR. MOSS:

Mr.

one.

COURT:

Mr.

one. 21 MR. MOSS:

Honor.

COURT:

title; correct? 25 MR. MOSS:

case.

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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

NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019

to that effect. Now, 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.

MR. MOSS: Of course, your Honor.

8 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.

How are you prejudiced?

21 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 --

1 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,

but when they are given notice that a potential transfer may be taking place, so that we don't

THE COURT: I don't going to reveal in this case, complaint know what discover¥ is based on the amendLd

THE 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.

11 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.

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> 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.

Senior Court Reporter Lisa A. Casey - Official Court Reporter

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11:7,16;12:4;17:12; 102:5;107:17 60:6;67: 19;78:24; 6: 14;8: 10;22: 10, entire

(3) 79:10,11;84:12 20;28: 15;42: 15,16, I 92: 17;94: I 32:7,8,22;33: 16,18; 8:6;46:15,16 dollars

23;39:25;42:23 ;43:2; 57:22;87: 15;106:4 dominates

(2) 23;36:21,25;37:2;

(2) 8:15 48:14;50:10 100:11,14;104:21,25; 92:4,9;93: 17,21; 12:24;44:19 domination

96:11,21,23;101:13; 47:9;51 :24;52:20 done (4) elements (2) 19:6,15;96:21;

(I) 14:12;15:20;65: 12; 3: 18;4: 15 101:20

(I) 15:21,23;16:2; 61 :6;85:6 eliciting

(I) 28:21 27: 12;29:8,8,9;

(2) 103:8;109:3,21 22:7 else (6) 52:5;81 :20,23;

(3) down (6) 52: 18;54: 13;55:21; 101:18; 105: 16,22,24;

(I) 45:7,9,17 38:8;39:6;55:22; 84:21 ;88: 13;105:8 106:2,6,7,8,10,16;

90:5;91 :7, 13,15;92:5, 22: 14;37:23;38: I, draw

6,13,14,16,19,24; 2,4;44:8,24 63:19,25 7,8,12,17,25;21:

(I) drop (I) 22: 12;77:25;78:3; establish

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, 95: 16;96:2,2,3,5,6 39:5 97: 18,19 emails

58:15;103:12 19:3;37:21,24 6:7;11:16;12:25; emphasize

59:25 3: 12;19:22;23: 15; duty (I) employed

details (2) 28: 11;40: 12;43:22; 10:25 147:6

102:24; 103:4,14 4: 17;18:3;44:4,21 79:2;99:2 encumbered

Mill-U-SCl'ipt@ (4) deJonstrate - evasiveness

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Filed 05/20/22 Entered 05/20/22 11:52:18 Page 116

9:18,23 5,10,23;78: 13,18; 5: 16;87: 14;88: 19; 3: 17,18,21 ;4: 17; freedom

even (16) 92:4,5;93:20;96:

24;32:7;35:6;36: 16, 92:10 32:18 34:4;39:21 ;40: 14,22, I 31: 1

(1) 24;48:4;49:25;50:

47: 13;55:7;62: 10; 12:18,20,25; 15:I; 109:14' 53: 16;54: 15,20,21; I 58:8 86:21;104: 16;109: 15 24:2;42:4,5;53: 11,12 favor (1) 59: 19, 19,24;64: 14; front

event (1) exist (2) 98: II 69:2;78: 17;79:24; 24:8,14,20;25:2;

(2) 90: 14;95: 19;97: 15; 30:9,21 ;31 :7;46:22;

(2) 40:22,25 98:22,25;109:14. 50:22;51 :2;53:6;

(I) 4:10 39:6;48: 16;49: 11; frustrate

(3) 62:18 I 4:1;5:1;11:9;

13:19,23; 16:8, 16; 6:2 feel (1) 61:18 full (4)

(2) I 13:9; 17:4;56:9; 25:2,9;26:22;41:11; 6: 15; 18:5;30: 16; feet (1) 83:15,16 93:10 53:8;60:7;69: 19,20; 36: 11 90:19 focus (1) fully (1)

90:23;92:11;93:1,25; 13:19 63:7 folder

(2) 46:3,6 9:3;23:25;87: 18 follow (2)

56: 14;75: 1;84:22; 11:5 47: 12;53:22;91: 16 103:7;107:4

(1) 25:5;90:5;91 :7,12; follows (3) 18;34: 17;35: 19;37: 1; 16:12 42:20 17:2;56:8;97:20 41:6;53:10,16

(3) F 9:24;44: 12;46:21 50:7 22:9,14,19;30: 17;

exam pies (1) 43:1 6: II ;31: I;61: 10; 10,13 ;39:22;53 :2, 13 13:9 fact (4) fill (1) 85:7,15;87:8 gave (5) exceeds (1) 6:4;21 :5;102: 16; 76:21 forge (1) I 26: 19;43:25;51 :2; 3:20 104:24 final (3) 47:17 59:21;79:9

(1) facts (5) 7:6;8: 14;11:20 25 general

excised (1) 100:15;108:2 7: 19,22;31 :6;47:5; 49:7 generally

95:20 fair (9) 59:15,17,25;79:11; form (4) 58:6,14;82:21

(1) 12:7; 16:22;60:21; 90:11,12,14 4: 16;74: 18;81 :7; Genever

(1) 95:4 8:15,24;10:19;

11:5;19:16;20:11; fairy (1) find (1) 58:7,9;84:17 15,15,22,23;36:21,

(2) 20:23 19;40:2;67: 16;76:6; 55:23;88:25 7: 15;46: 13;107:9 32:16;102:15 forward (2) 88:20,20;95:8,9;

(1) fine (8) 12: 11;20:20 100: 10, 14;104: 19,20,

execute (1) family (50) 95:24;97:6;99: 17,22; 11: 13 17,23; 106:2,6, 10,22, 67:16 14:19,19;15:10; 109:18 found (2) 23;107:11

6:6;56:23;78:8 2,3,5,5,8,8, I0, 10, 10, 13:11 four (3)

3: 12;19:22;23: 15; 23:6;47:8;48:5,6,9, 48:7 given (13)

(1) 9:9;25:6;26: 12, 13; 10,11,12,14,19,24; firm (2) 50:2 31: 12;36: 10;76:2; 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; 43:21,22;53:7;69:9, 51: 12,13, 15,20;52:2, firms (2) 4:25;5:5;46:

21;71: 16,21,22;72: I; 2,8, I 1;53 :24 62:15;92:3 fraudulent

76:20,22,23,24 ;77:3, far (4) first (37) 25:1 I 25:7

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017

Asia v. Entered 05/20/22 11:52:18 Page 117

giving (13) 45:25 39:3;49: 14;74:8; 23;95:2,3;96:25; I 24:8;25:8;29:22;

(I) 90:8;95:7;98:22,24 98:21 ;99: 17;100:5,9, 30:1

(2) 13:1,8,20; 15:22; 102: I; 103:9, 10; I 9:9,10;30:24 80: 13;106: 17,24 77:3,16 35: 19;45:24,25;55:5; 104:2,6; 105:21; Importantly

(10) 63:7;90:22;98:7; 106: I, 15; 107:7,22, I 8:25 6:20 17: 15;19:20;23: 13; 100:18;103:11 24; 108: 15;109:6,14 impose (I)

46: 15,16;107:3 27:24;35: II ;51 :25 heels (1)

23:5;27:3;42:7; 15:24,24,25 57:2;81:7,14 42:18 I 107:17

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

Good (13) 47:16 45: 13;47:8, 18,18; Horvitz

(I) 52: 13,13,14;73: 12 7: 16, 16,22;8:2,8, inappropriate

(3) 31:2;50:19 helps (I) 90:7,8,12;93 :2 I 96:4;104:25;105:3;

(I) 6:9,13;9:13;10:15; Hey (2) 58:6;90:24 included

96:22 II: 1;12:8;27:23; 7:12;12:5 hotel (4) I 7:24;58:24 grant(l) 33:15,17 highly (2) 6: 10,14;7:21 ;57:8 including

(4) 18:6,7;33: 18;

(I) 14:3,4;38:9;42:24 himself(5) 2:7;45:25;92: 13; 48: 19,22,25;49: I;

grew (I) 44: 12;46: 19;91:20, H-O (I) hundred

14:16 21;99:5 98:2 18:6,9 I 32:20;76: 12;96: I,

73:6 9:21;91:3 2:19,22 49: 13, 19, 19,19,20, indicating

(69) hold (2) 22;50:1,4,8,10,11,19, I 31:11

grow (I) 2:21,22;5:25; 12: 12;34:3;43: 16; 60:10,14 23 individuals

14:16 60:5,20;62:6;63:

(4) 66:6,9,15;67:12;68:9, holds (I) induce

61:25;67: 19;68: 19; 15,17;69: 12,18;70:7; 105:24 JD (2) I 7:21;8:19

100:3 71:11,15,25;72:9,18; Hong (4) 40:22,25

(I) 73:4;74:5,14,16,20; 14:17;18:15;49:3; idea (3) I 5:2

8:23 75:2,5;76: 19,24;77:4, 84:7 33:1;53:1;58:15 7:20,23,24;22:

(I) 10,15,15,16,19,20; 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; 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;

; 25;9:10,13;11:4,20; 108:12 33:6,7,19;34: 17;35:3, 70:25 94: 17, 19,23;95:2; 12:10, 12;13:2,5,8,21; identify

Guo (23) 100:24;101:4,7,11, 14:12;15:16;16:9, 10, 3:6 14,23;37: I,7, 10, 12, 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; 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;

(I) 49: 18;52: 14;54:9; 13,15,19;52:2,8,11; 81:11 38:22;41 :8;43: 13,16, 9:21 58:24;59: 15,18,20; 53:24 hear (14) 21;44:1,10;46:7,8,18; IMG (1) 60: I,2,4, 10;79:3, II, G-U-O (2) 3:16;13:20,25; 47:21 ;48:3;51 :9; 58:10 15,18,25;80:2,4; 17:22;18:2 14:10;16:3;32: 16,17; 55:3,13,14;60:5,20; immediate

H 33:6;43: 10;44:3; 62:6;63: 11;67: 12; 48:11;104:12 24;101:3,8

47:25;89: II ;90: 18; 68:9;69: 18,22;70:7; impact

95:5 71:11,25;74:5;76:19; 73:10;102:20 I 101:19;107:13

half(l) 29:7,7;30: 10;33:5; 35:20;37:7, I0;38:25; 83: 17;89:2,7;90:7; 28: 17,20 I

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Filed 05/20/22 Entered 05/20/22 11:52:18 Page 118

64: 10;66:3;82:3 106:8 knew (13) 68: 10;71 :6;72: 16,24, 83:10

(I) issue (25) 21: 1;22:4,8,25; 25;74: 13;75:7;82: 18; lengthy

82:6 3: 17,21,22;4: 12,12, 25:22;27:4;69:2; 83:5,23;84:4;

(2) 14;15:17, 18;24:4, 10, 76:5;80: 12,17, 19; less (2) 11:10;83:2 15,19;26: 14;41: 18; 81:22;105:2 L :

11:24 88:16;91:14,24; 5:20,20;26:24; laid (2) I 64:25;71:9;72:4,7,

(I) 102:2,7,17; 103: 12; 27:7,21;28:1;29:11; 44:2; 100:21 8,19;78:5,17 II: 18 108:2 31:20,21 ;32:21 ;33:3, language

11:6 issued (2) 8,11;34:14;35:18,22; 14:25; 15: 17;30:24, I 84:14,16

13,14,15;43:9;47:5,6; 25,25;31: 1,2;36: 15; liar (I)

100:22 2:25;3:6;5:22; 53: 1,2;54:8, 16,18,22; 53: 17;54: 12 last (13) !

(I) 10: 15;15:21,23;16:2; 55:7,9,10;62:7;64:3 11:20;13:10;18:21; I

(I) 100:8;109:22 3:20;84:8 50:9;82:22;86:8; I 8:10;107:12,14

(I) knows (3) 95:7;97: 15; 102:6; life (I)

(I) 102:21 9:25;28: 14;52: 18 109: 12 I 51:21

intent (10) J 14:17;18:16;49:3; 9:11;68:23 i 44:18;45:19 3:25;4:6,18;5: I; 84:7 law (2) light (I) 14:2;24: 18;25: I; jail (4) Kwok (154) 62:14;70:2 I

98:9;107:18;108:11 14:21 ;48: 17,18,21 2:3;3:25;5: 16,22; lawsuit

(I) 6:7,13,18,24;7:

103: 11 2:19 20,25;8:3,9,14,15,23; lawsuits

(I) job (I) 9: 1,10,13,24; 10:5,10, 9:24 ~ 31:15;54:11;80:12 107:23 42:16 .20;11:6,17,23;13:10; lawyer

(I) 14:6,7,8,11,13,15,15, 39:8,9;50: 10 I 34:5;91 :24 9:8;99:12,13 102:2 16,23,25; 15:4, 16,19; lawyers

(I) 16:11;17:19,24;18:1, 54:12;69:5 I 38:13;91:21;108:2

(9) 21:9, 12,24;22:4,8,13, 27: 13;54:3;66:6,9, I 58:17;106:12 58:10 4: 1;5: 1;6:22;9:2; 20,22,25;23:4;27:

(7) 11:9,10;24: 18;98: 10; 18;28: 14,23;29:3; learn

97: 10,12, 14,15, 18, 109:25 33: 13,20;37:24;38:5, 25:24;33:16;47:11; litigating

(I) 78:21 40: 1;48: 13,13;51 :15; learned

:5, 29:10;33:15,17; 152:13;101:19; 91:2;94:8 7: 14;25:23 9,22;62: 16,19,24; 48: 12;64:23;70: 14 107:13

41:9 22;66:3,10;67:

24;68:4,13,21 ;69:5; 25:24;31: I ' 47:7;51:10;56:16;

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:

29:25;30:23;45:21, 22:8,11,20,23;64: 14 76:6,12,17;78:25; 88:17,21 lives (6) 25;66: 11;72: 10;76:7; keeps (2) 79: 12,21;80: 13;81:1, least (3) 17:18;25:7;83:12; 85:11;86:22;92:11; 41 :9;88:4 6,22;82:2,10,23; 47:7;70: 16;95:21 93:7,9,10 103:11 kept (I) 84:10;85:11,14,18; leave (I) living (I)

(I) 59:21 86: 14,16;87:5;90: 10; 33:9 I 33:9 25:9 key (2) 95:10,11;97:9,11; leaving

involve (5) 5:22;23:25 98:2,20;99:3; 101: I, 42:17;50:5 6:11,11;34:18,18;

(I) 17;104: 11;105:7,14, left (5) 37:4;61 :6,10;81: 12, 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,

(3) 107:4,8,12,14,17 10;51 :23 13,17,20;87:3,5,8; 27:7;57: 12,14, 18; 42: 15;47:9;48:21 K-W-O-K

87:3,7,8;92:3 killed (I) 18:1;98:2 51:24 I1LC's (I)

77:25 kind (3) 5: 14,17;8:2;9:5; 4:5; 10:I;25: 17, 19; located

(I) 31 :5;34: 17;39:23 11:23;12:2;14:2; 26: I;31:6;53:20; I 48:25 67:13 kinds (I) 17:21,23; 18:3, 15,24; 105:12 logic (I)

(I) 37:12 19:1;23:7;48:11; legally (I) L

(I) 58:3;62:15,22;64:

(I) 84:17 21,24;65:4,6;66:

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017

Filed 05/20/22 Entered 05/20/22 11:52:18 Page 119

4:3; II: 16;44: 17; 38:6,6;39: 18;61: 12

92: 16;108:21 50:5;57: 17;81: 19 10:13;12:17;24:3; monthly

14:4;70: 17;102:23; 41 :24;43:6;63:4,5 109:21 44:17;45:19;49:11, I 107:10

(1) 2:21 ;72: 1;75:5 19:9,11;22:22 more (23) N

(1) 6: 1;9:22; 18:6,9; look (18) 77:22;89:6 10:7 20:9;25: 1;48: 10, 13, I

(2) 14;49:14,24;50:11; 6:9;7: I; J 7:4,5,23, 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; 32:11;41:19;53:14, 20 met (4) 22;86:21 ;89:9;90: 16; 60: 14, 18;64: 16, 17, 21 ;54:7;62:9;70: II;

(1) 59:24;75:5; 102: 11; 94:19;102:9,15; 18;68: 14;74:4;80: 19;

50:15 8:18 56: 11;58:2;90:7,7 2:7,10,13,21,25; 25;98:3

(4) mid (1) 3:6; 12: 12;47:24; I 85: 16;86: 18;87:9 40:20 2:2;24:22; 104: 1,20 71:2 52:25;56: 16 necessary

19:8;20:8,18; 97:23 53:6;98: 10 2:9,13,14,24;3:8, need (17) 24: 16;27: I;31 :2; may (23) Miles (7) 11,14;10:10,18;11:4, 6:23;10:2;11:15; 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; 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; 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;

lots (2) 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; 29:21 ;51:24 75:11;77:16;83:18;

million (8) 41: 14;43: 13, 19;

loud (2) 104: 15;108:5; 109:2 21:2,7;22:4,23; 47:20;54:3;55:

(3) 61:21;63:23,24;64:

50:1 mean (1I) 42:12 92: 1,7, 12,20,25;93:4, negotiate

LP (1) 35:2;36:22,24; mind (1) 7,9,13,15,18,22;94:5; I 27:25 73:13 38: I, I,4;48: 10; 53:3 95: 15;96: 14, 16;97:9; Neither

99:1,8 91: 18 106:21 100:5,9,13,19;104:2, . nephew

(1) 4:5;7:3; 16:1;50: I; 9:4;32: 19;39:6; motion

49:2 107:24 58:19;91:9 5:18;8:18;11:21; New (34)

(1) 12:16; 13:21 ;23:8; 6: 11;9: 18;17:6,6; 59:23 27:25;62:4,13; 7:14 25: 15;29:21 ;73: 13; 18:19;23:5;27:3;

(3) 83:22,23,25;84:2 misrepresentations

(1) 7:7;8:8,17,19;9:

(3) 8;51: 12,17, 19,21,23; makes (2) 58:19 24:25 13:24;16:6,21 52: 1,2;56: 12, 12;

missing (1) 3:2;46: 18, 19;49:5; 19,22;87:3;98:22,24; 66:4;103:14 18:10,14;48:19; 95:6 56: 17;70:2;99:2;

(1) moved (1) 6:5;7: 16;32:24;

(2) 28:25 63:18 55:25;63: 14;88:24;

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Filed 05/20/22 Entered 05/20/22 11:52:18 Page 120

(I) 20:11;24:23;47:10; 16:11;36:10 18,19;29:6,8;34:

(I) 60:3,14,18;68:

nole (4) 104:3,5,6 5:18 74:4;80:19;81:

2:4,11;30:1;97:13 offer (14) opposilion

noled (I) 6:4;20: 19,24;21 :2, 12:1;23:8;25:15 owned

notes (I) 25;23:23;78: 12; 8: II 28:23;86: 13;95:8; 9:7,8;20:9;42: 16; 63:4 92:23 oral (4) 105: 14, 17 47:3;48: 18;49: 16;

(12) 50:6,14,20,25;86:

76:17;85:11,16,17, 62:16,16;71:12; 109:12 30:6;79:21 ;80:22; 20

(I) 13:4;46: 14;75:22; 15;88:5,20; 105: 12; I 31:21 108:11;109:1 81:18 76:2,16;78:21 ;79:4; 106: 13 passed (2) noticed (I) office (I) 80: 13;88:7;91 :5; ownership

96:2 52:2 98:7; 102:9,25;104:6, 8:4; 15:7,8, 10,13; passel (I)

(9) 7,10,11,23;105:2; 28:6,8;29: 17;30: 15; I 12:20 70:18 17:9;27: 15;56:24; 106: 18,22,25,25; 32:21 ;39:2;85: 14; passport

(I) 75: 13;76:5;77: 12; 107:2;108:2,15 86:3,12,17,20;105:23 50:17

(9) official (5) 103:19,21 10:20;27: 18;28: 14; I 99:18 2: 1;5:23,25; 12:18; 53:20;78:8;97:

48: 13,16, 16;76:22; 17,21 11:10;102:21 21,24;34: 13,15,18, 4:23;24: 15;56: I;

(2) 49:11,12;50:23 32:18 95: 12; 105: 18; 106:2, PAX (2)

(2) P I 9:2;11:9;62:19;

14:I0;71: 17;89:21; 4: 18,18,23;5:23; 7:14;25:23 2:2 I 8:22

(31) 15:I; 18:9,13, 14, 18; 53:23,24;54:2 58:21,21,22 18:6,9;22: 18;27:5, 23:23;24: 13;26:8; 22:4;24: I, 15;29: 13; otherwise (I) page (18) 9;28:2,3;31: 14, 18; 27: 13;28:25;32:9; 32:8,13;41: 18;42:2, 108:13 20: 17;21 :20;26:6; 39:23;42:6;48: 13; 41 :8;43:20,20,25; 10,11 ;44:5;45:9, 13; ought (I) 29: 19;31 :25;34:5; 67:4,4,7;81: 19 54:3;60:5,20,22; 47: 15;49: I0;50:23; 71: 16 38: 12;39:25;40: 15, people's

62:6;63: II ;66:6; 51: I;55: 14,19, 19,20; ourselves (2) 22,23,24;69:

67: 12;68:9;70:7; 62: 15;66: 19;74: 1; 45: 14;62:20 78: 17;91: 16,20,23; percent

71: 11;72:9, 18;74:5, 77:4;83:21,22;84:16; out (12) 92:1 35: 18;36:8;45:4

14,16,20;78: 15; 85:6,6;96:24;98:8; 4:2; 19:8;44:2; pages (2) Perfect

94:14,17,23 100:22;103:19; 47: 12;53:22;68:22; 42:11,12 I

(13) 104: 10,21;105:5,9, 70:22;85: 19;89:3; paid (I) perhaps

10:12;12:20;15:24; 18,20; 108:5 91: 16;95:3; 100:21 52: 17 I 89:5

(4) . 92:9;93:24;94:9; 45:24 99:2 28:6,8;30:9;31 :7; I 61:18;66:1;70:15;

(4) 24:3 45:13 29: 17,21;46:2;69: I,4, perplexed

108:3 59:20;83:7,8;91: 14; over (4) 28:24;54: 15, 17,20, 18:7;19:5;35:17;

(4) 92: 14;93:25;94:3; 41: 18;51:22;57: 10; 21;78:17 42:5,14;47:7;50: I; 22: 17;24:8,14;. 102: 17;105:22;106:3 79:12 parents (I) 66:4,21,22;67:2;

(4) 48:15 I 81:6;82: 18,20,21;

(6) 3:9;9:4; I00:21 27: 14;94:21,25; part

(2) 95:22 5:24; 16: 10;53: 10, personal

(I) 12;89:22;96: I 22: 15, 16,19;26:24;

(3) 27:7,21;28:1;29:11; 96:6 56:24;76:5;78:9 owed (I) 24:1;46:4;61:13 30: 18;31 :20;32:20;

99:16 52:15,16 own (19) 72:3 11,18,22,24;36: I,5,7,

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017

Filed 05/20/22 Entered 05/20/22 11:52:18 Page 121

13,22;37:6,9,13,15, 2:4,11;17:3;21:16, preferable

20;43:9;49: I8;53: I; 54:8,16,18,22;55:9; 18,21;26:7;40: 10; 46:19 105:5 pulled (I) 62:7;67: 18;68: 19; 56:9;69: 17;74:2;

(I) 2:8;16:17;41:19;

(4) 24:4,5,15,19;38:2, 44:17 108:4 11;44:3;57: 12;58:4, 27:22;37:23;61 :25; 7,10;41 :2,4,22;43 :6, prejudice

(3) 12;59:7;61 :3, 14; 67:24 10;44:9,11,18,21; 108:10,23 9: 14;25:20;46: 14 62: 15;83:23;86: 19,

108:II 6,11,12,14;47: 14; 107:20 9: 19;56:2;83:20 purchased

phone (I) 68:8,20;72:5;76:

(10) : 27:22,23;33:10; 84:1 79:3; 101:20,21 ,23; 76:25 6:7;10:1;57:13; 65: 15;67: 15;68: 13;

(I) 58: 14;59: 13;62:25; , 70:12;81:6,13;101:1;

(24) 106:25 65: 13, 16,17;84: 13 107:8

43:1 37: 19;39: 12,15,20; 9:15;103:15 15:25 8:25;60:17;63:15;

4: 15,15,24;5:7,8,9; 40:2,5,19;41 :21;43:5, present

102:20,25; 103: 12, 16 105:1,9 13:3,22; 16:4;84:3; 42:9 I 85:5

place (3) 25;37:3,16,25;38:5, 12:19;13:5;88:11; proper

45:6; 104:6; I09:2 15;44: 1,6,7;45: 16; 97:5 15:22;24:9 purchasing

48:25 plus (3) 6:6;7: I8;27:3; propose

plainly (I) 31: 13;36: 15;67: 19 51: 16;52: 11;56:23; 100:3 , 60:10,14 11:7 pm (2) 57:24,25;58: 1,3;59:1, proposing

2: 14,16, I8; 10:2; 99:24; 103:22 22;78:9;90:8;93:

(I) 62: 1;67:20,21;

(16) 5:5; 13:25;44:5,5,6; 107:9 88: 17,21 purposes

13:22; 14:13;16:3, 45:9,15,19;47:

10;76:3;78:24;79:6, 95:25; 104:14;108: 16 12:7 60:16;63:15 i

102:I, 14,25; 109:8 95:19 2:6;28: 16,19;52:20 62:20 3:4;4:2;6:2,15;

14:5;98:11 107: 10 58:18 102:10 23;24: 19;25:2;26:23;

38:3 21:18,21;92:15; 13:9;84:17 52:24 21 ;54: 12;58:20,21,

(6) 5:17 4:9,10,14,25;5:4,9, 25;91:7;103:15 13:15;28:4;92: 14,16; 12:23;89:7,19; prior

played (13) 92: 10;93:21 ;96:22 5:18;11:21;25:6; 100:22 : 12:11;57:14;79:10

42: 18;56:22;57:2; 26: I8,19;53:9;62:14; provide

12:5,9;28:5;91: 1; 72:25;88:21; 100:6, 106:22

(2) 3:15;13:4;17:13; 59: 15;60: 13;65: 13; 19:24;23:17;43:19; 94: 16,22;95: I, 14; 14;101:1,8,24 24:7,22 104:12;106:20 46:24;69:8,12

(10) 50:14 107:10 7:20;59: I8, 19,20; Q

16;92: 15;93: 16;94: I; 4: I; 107: 12;109: I 3:19 78:20;80:4;81:

(I) 103:25;104:20 31 :23;92: 13;96: 10; provides (I) I 48:2;87:24;95:

(2) 3:3;11:25;53:21;

(2) 106:22 104:9; 105:6; 108: 19, publicly

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017

Filed 05/20/22 Entered 05/20/22 11:52:18 Page 122

42:16 18:25;102:1 3:2,9 6:21 ~uling (1)

33:22;35:3;52:25; 56:5;99:25 5:23;31 :4,9,23; 10:7; 16:14;46:7; rulings

(3) 38:7;39:21 ;42:2,10; 65:8,11;71:10 103:6

(1) 15:16;31: 16;47: 15 43: 12;46:25;61: 19; responded

(1) 98:13;101:21,24 71 :6;72:2,4,24; I 2: 19,22

(1) 36:7;52:12 :

(1) 8:22;31: 19;35: 18, 15:2;44:3;75:24,

(2) 74:7;95:25 47:1 23,25;36:8;58:11 24;76:7;86: 19,22;

reach (3) 88:4;106:13 8:16 51:6 sales (2)

read (27) 20:19 99:21,22 101:25 same (7)

(1) 5:7;6:23; 17:25; 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;

30:5;31 :6, 12;34:4, 4:22;53:7;84:3,14, 44:25;45:5 109:4 Sarnoff

(1) review (4) I 2:15,15;56:15;

(1) 10:22 42:21;53:14,16; 59:2;60:24;61 :4;

(3) 58:19 I 66: 12;69: 14;70:3, 10;

(1) 7: 19;79: 18;90: 12 22;74: 10,23;78: 15; 47: 12;89: 14;97:4 refuse (1) 7:9 reviewing (2) 84:23;85:3;92: 18;

(5) 10:8;64:3,24;65:3, 18:16,19,22; 19:1,4, satisfy (1)

(1) 78: 1,2; 103:5,15; 9;66:18 17;20: 1,4,24;21 :3,7, I 98:7

(1) 28:2;32: 12;33:6, 25;23:4,10,18;25:

9: 16;13:16;25:9; 88:12 18;100:9 23;26:4,25;27:11,12, saw (11)

(3) 19;28:7;29: 16;30: 15; 7: 12;13:10;21 :23; 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;

(4) 10,14;34: 13,16;36:7, 46:20,24;59:20;69:4

(3) 16:5 5:5;58:21 ;76: 17; 17,21 ;37:5,16,19,22, saying (9)

(1) 80:24 25;40: 16,19,24;41:4, 11:23;13:13;21:9;

(3) 19;42:23;46: 17,21; 26:3;37: 1;47: 10;

reject 3:24;4:25;75:23 47:20;48: 16;55:7; 50: 18,22; I09:20

38: 17;40:7;42:23; 24: 13;43:20,24; 104: 14;107:9,12,16, role (3) Searles

59:9,17;60: 16;61:16, 46:4,8;60:23 ;62:8, 19;108:13 52:11;57:11,12 2:19,19;23:25; 22;62:21 ;63:21,23; 10;68: 12;94:9,13,24 resides

(1) 26:8,11 ;27: 13;28:25;

(9) 93:10 41:2 32:9,12,25;41 :8,17;

(2) 43: 17,24;44: 14,23; receive (2) 25: 1;60:6;63: 12,13; 38:3;42:25 57: 17;63:23 45:4;47:23;48: 1;

(1) rule (2) 53:5;54:5;55:2,13;

(11) relied (2) 16:1 24:23 ;92: I0 89: 16,25;90:3;91 :2,

(1) 10,14,18,23;92:22; 64:25;72:3,12;78: 14; relief (2) 24:4;43:25;71 :9; 26:10 94:7,13;95: 18,24; 79:3,6,12;80:6 109:13,15 73: I;74: 15;100:7,25 rules (2) 96: 13,17,24;97:6

Asia v.

Filed 05/20/22 Entered 05/20/22 11:52:18 Page 123

56: 13;98:4 sets (2) 67:21,24;68:4,16,18, 64: 16,21,24;65:4,6, I

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;

second (16) 9:4; 18:6,7;48: 14 8:16;9:22;10:11; 107:16 stated

24,25;48:2;50:3,4; 3:1;75:10 significantly

99:6 I 26:18,19;30:14;

(I) 20:10,11;36:15,18, 40: 18;46: 13;50: 18 109:13,16 shell (2) 67:19 19;39:13;40:23;51 :5, statements

(I) 8,8,8,8;52:9;54:25; I 26:24;35: 15;37:8

(I) 71: 14;77:7;85: 1,2; I 14:16;60:11,18

(69) simple (2) 98:23; 100: 12;101:6 I 99:1 96:4,9 6:6,8,15;7:8,11,12, 11:2;43:3 sort (2) step (2)

(I) 17,21;8:5,7,11,19; single (I) 59:12;108:7 I 48: I;55:22

I 25:24;29:7;30:20; 6:16;61:17,19; 60:9,13,17,25;61 :3,6, 50:12,16 sound

63: 19,24;64:7;67: 17, 13;63:10;64:2,5; sister-in-law

18;80:24;81: 1,3 65:8,11 ;67:21 ;68:3, 48: 16,20 sounds

seeing (2) 20;70: 19;71: 18;72:3, sit (3) 24:12 stipulated

9:20;49:23 4,16,24;76:6;78:

47:7,24;53:

14:17;108:10; 24,25;86:5,21 ;87: 16; 6:22 60 :6;75:20;83 :8;89:3 stipulating

seemed (I) 90:9;93:3;98: 15, 16, 31:24;39:5;50:5 49: 1;53: 18;54: 16 stipulation

83:11 17;I01:2,5,9;104:

23;106:5,13 65:20 72: 13;82:25;83: 1 stock (3)

select (2) 72:23 48: 17;49: 11;50:23 47: 11 stop (I)

sell (12) 57:15 59:3 83:5,10;89:17 straight

5:25;11:24;14:3; shock (I) slide (2) Spring

18:25; 19:17;85: 12; 88:5 4:4;28:13 23:5;27:3;42:7; strategy

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

108:12 102:22 25;21 :8;22:8, 11,20, squabble

19:4;58:16 64:6;70:22 small (I) stage (I) I 9:22 sells (I) show (18) 18:8 103:2 structu

send (2) 9: 15;13: 14;31:5,9, 55:5 14:9;25:4;32:23; Stuart

19:8,11 10;42:11,22;47:13; sale (2) 55:24;89: I I 2:15 sense (3) 60:9;61: 12;66: 12; 105:14,19 standard

96:8;97: I;99: I 71 :21;74:3;90: 16 solved (I) 3: 17;4:5,21,24,25; I 50:3

(4) 13:15;81: 13;84:8; 4:24;102:11;103:2, subject

20: 14;59:24;69:5 6:20;43: 17;60: 17, 87:25;88:11,12,13; 3 14: 18,20;24:2;

(3) 18 104: 15;105:8; 109: 17 standing (I) 68:11;71:18,19;

4: 17;26: 1 sign (2) 82:3;83:3;84:3 3: 11,14;28:2;48:4, served (2) 5: 17;13:24; 15:2;

(2) 8;49:5;51 :25;52:2, 23:2;25: 14,22;41 :20;

(I) 19:15;36:15 22;76:20;89: 13;99:5; 43:4;53: 15,25;60:2; set (7) 78:7 son (24) 102:12 84: 13, 16;90: 11;

2:7,8; 10:20,24; 65:3;85: 18;102:7 15:4;42:2;54: 10; 13,21,23;50:23;51: 1; 28:9;48:6;91:

Filed 05/20/22 Entered 05/20/22 11:52:18 Page 124

swearing 17:2;28:22;32:22; 103:14;107:3 3:6;6:25; 10: 10;

(I) 26:4;43:5,7 38:20;52:25;56:8; today's

(2) 5: 19;28: 16;41:21; testify (8) 58:20,22,22;79:

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;

sworn 16;73:15;95:7 2:6;7: 13;8:5,6; 65:6;66:24;81: 17

(I) 19;27: 10;28: 19;35:6; 32:23;62:7 33:4,5;36:5;39:4,19, I 58:8,9

succeed (I) 5: 14;8:2,5;9:4,7,9, 49:20;50:4,12,19; I 5:22;23:24;73:23; 12:17 T 9; 13:4; 16:18;25:6,7; 65: 12;72: 16;82:9 95: 12;97:23 success (I) 26: 12,13;28:21 ;29:I; Tony (1) try (13) 3:19 table (3) 32:17;37:11,12; 84:17 10:7;27:5;31: 14; sue (I) 21 :2;24:23;47: 10 54: 14;62: 10;66: 13, took (4) 33:6;43:3;46: 14;

(2) 15;71: 17;73: 10,21, 2:8;12:1;51:22; 47:7,24;53:22;56: 17;

84:6,7 25;74:6,9;79:9; 73:1 73: 12;99:2,3

suggested tale (1) 86:25;90: 15,18,25; top (3) trying

95:10 93: I;94:9,20;95:4; 6: 11;21: 15;104:21 3: 15;10: 13;24:22; 100:21;108:21 talk (5) 96:4; 101:13;105:6,7 topics (3) 27:8;36:18;47:11,18;

(2) 10:18; 11:2;55:2 50:9;67: II ;74: 19; 73:25 18:24;38:5 45:10,11 Tor (I) 109:22

sun (I) 22,23;50:11;53:22 8:11;13:20;45:25; 9:4; 18:7 turned

107:3 talks (I) 50:9;53: 17;86:20 totally

30: 19;31:3,7,22; tape (12) 32:7;35:6;45: 15; (3)

36:16;47:13 10:9,17;11:3,19; 86:21 67:5;83:3,3 twist (I)

78:24 91: 1;94: 16,22;95: 1, 4:6,11;12:4,7; 51: 10;52:23 two (30)

(6) 14 20: 18;62: 18;91:3; transactions (1) 4: 15,23;5:22,25; 4:5,20;23:7;25: 14; task (1) 108:20 57:17 6: 10;7: 19,24; I0: 19,

(6) 21 ;13:24; 16:6;22: 18;

supposed team (I) 42:12 12:24; 13:3;34:4; 28:24;36:20,25;37: I,

52:12 threaten 89:6,8;92:21 12;42: 11;43: I;46:2;

(3) 49:25;53:3;78: 18,23;

(1) 12:23,23;13:6 84:24;90: 19;95: 18;

(I) 3:18;43:1;67:19; 24;65:2,3,22;66:23; I 58:24;59: 17;63:9,9 3:8;5:25;31: 17; 83:25 108: 11 85:24;86:3,19;87:8, typical

33:24;35:3,20;52:17, telling (2) throughout (I) 12;98: 19;101 :20; I 59:12;63:10,14; 17;57: 15;62: 10; 5:22;99:8 9:19 105:4,23;106:3; 74:15

tenant times (3) 85: 14;86: 17;87: 16;

(I) 61 :6,9;80: 15 3:1;11:16;50:5 88:8,12;95:8;98: 15; U

(1) 57:19;61:5 44:3;45: 18;63:9 transferring

term title (6) 64: 10;82:3; 106:23 6:5,5, I0, 14,24;7:4,

(I) 53: 1;54:22 56:23;64: 10;66:24; transfers (2) 6;56:11,16;74:22;

terminated 105:24;106:3,9 104:18;105:3 75:3,7,22;76: 15;

(10) 41 :23;43:6,10,11; today (25) transit

60:8;67: 14;70:9,9, 77:22;78: 16;85: I; 44:12;46:12 3: 15;4:9, 19;5:5,10, 17: 12 87:25

swear (2) 16:15;58:18 13:8,25;14:6; 16:3,7; 15:13;19:10,11 174:1;85:15;86:14;

(I) II: 13 71:20;73: 12,23;94:1; 5: 14;32:7 ultimately

tried I 33:2'.

FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017

Filed 05/20/22 Entered 05/20/22 11:52:18 Page 125

(2) 29:8;50:10 101:23;103:9 16;27: 16;29:5,7, 12, year (3)

(1) 14;32: 12,20,23;39:3; I 42:3;46:11;63:22

(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;

(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)

(1) 25;89:4,22;90:

(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;

(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;

(4) 24;98:2 52: 1,2;56: 12, 12; 10:14;15:18;19:13; 25: 17,19,25;54: 10; 99:4 26:3;84: 14;93:24; witnesses (2) 59: 1;86: 12,14;87:3;

(1) 17:23;46:2;58:21 ; 35:10 I 11:21,22

United (4) 16;17:3;49: 17;50:21; whenever

14:16;60:11,18; 56:10 108:24,25 8:12;47:15

Unless (2) 73:15 40: 12;43: 14,22; 18;48:24;51: 13,14, .1 62:6;109:9 voted (4) 55:23;56: 1,5;69:9, 15, 25;52:22 Zero (1)

(1) 79:20,24;80:8,15 24;71 :23;77: 14,20; worked

(1) 83: 19;88:25;97: 17; 18:15 I 105:6,8,8,9; 107: 10

2:7,8;5:9;6:5;9:3; whole (11) 48:4,6,8;49:5; 1 10:20,24; 14:16,16; W 6: I; 13:12;17:20; 51: 12 I 18:25;24: 16;47:25; 18:12;29: 10;43: 1; works

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

89:8;93:2;94:7;95: 10 walk (I) Whose (1) 6:2;48:25 I 49:10

use (3) 2:3; 17:24;59:4; 50: 18,22 worth

25:7;29:21 ;82:21 98:2 win (1) 24:14 I 18:21

8: 12;9:7;25: 19; 98:3 wishes (1) 73:5 135:17,18;36:8;

81:4;85:5,6,6;96:4 5: 13, 13,21; 16:23; withdraw

using (2) 27: 10;28:22;29: 16; 108:16 written

usually (1) 41 :20;46:20;47:24; 53:24;63:22 wrong

4:2; 12:23;89:7 waste (4) 103: 13;106: 17,24; j2 (I)

veil (14) 4:7;31: 15;98:5; 107:6,11,14,16; X-ed (I)

102:20,25; 103: 12,15 44: 13,22;99: 12, 13 witness (73) 13 (I)

(I) way (8) 4:12,13,13,13; 14:9; 16:23; 17:5,8,9, y 34:

2:2 15:24;22: 12;29: 13; 16;19:21;23: 14;25:3, J5 (I) via (2) 31 :9;50:20;95:23; 3,4,5,5,11 ;26:8, 16, Van (1)

Asia v.

. \_.