GEIGER AND ROIHENBERG, LLP Trial Lawyers STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE B. THOMAS GOLISANO, Plaintiff, vs. Index No: 2015/ 10706 VITOCH INTERIORS LTD., ARTHUR VITOCH, and NORMA GOLDMAN, Defendants. NOTICE OF MOTION MOTION BY: Geiger and Rothenberg, LLP Attorneys for Defendants DATE, TIME 8: PLACE: A Special Term of this Court to be held on a date and time to be set by the Court, in the Hall of Justice, Rochester, NY 14614. SUPPORTING PAPERS: Attorney?s affirmation of David Rothenberg, Esq. dated January 28, 2016, affidavit of Norma Goldman sworn to on January 27, 2016, and the exhibits annexed to both. RELIEF REQUESTED: An order pursuant to CPLR 3212 granting defendants summary judgment dismissing plaintiff? complaint, together with such other and further relief as to the Court seems just, proper, and equitable. DEMAND PURSUANT TO CPLR 2214(b): Answering papers, if any, are hereby demanded seven (7) days prior to the return date of this motion. GEI GER AND ROTHENBERG, LLP Trial Lawyers DatedzJanuary 28, 2016 Rochester, NY David Rothenbelj' :Esq. GEIGER and ROT ENE RG, LLP Attorneys for Defendants 45 Exchange Street, Suite 800 Rochester, New York 14614 Tel: (585) 232?1946 Fax: (585) 232-4746 Email: drothenberg@geigroth.com To: Glenn E. Pezzulo, Esq. CULLY MARKS TAN ENBAUM 8: PEZZULO LLP Attorney for Plaintsz 36 West Main Street, Suite 500 Rochester, New York 14614 G131T GER AND OTHENBER G, LLP Trial Lawyers STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE B. THOMAS GOLISANO, Plaintiff, vs. Index No.: 2015/10706 VITOCH INTERIORS LTD, ARTHUR VITO CH, and NORMA GOLDMAN, Defendants. ATTO DAVID ROTHENBERG, an attorney admitted to practice before the courts of this state, affirms, under penalties of perjury: 1. I am a partner in the firm of Geiger and Rothenberg, LLP, attorneys for defendants herein. i 2. I submit this affirmation in support of defendants? motion pursuant to CPLR 3212, for summary judgment dismissing plaintiffs complaint in its entirety. A. Plaintiffs Complaint 3. This is an action for breach of contract and unjust enrichment. Annexed hereto as Exhibit A is a copy of plaintiff?s complaint. 4. Annexed hereto as Exhibit is a copy of defendants? answer with affirmative defenses and counterclaims. GEIGER AND ROTHENBERG, LLP Trial Lawyers 5. As alleged in his complaint, plaintiff is the owner of a luxury yacht known as the MY Laurel. Plaintiff hired defendant Norma Goldman (?Goldman?), who is an interior designer and decorator to refurbish the interior of the Laurel. 6. Defendant Goldman is an independent contractor who often works through defendant Vitoch Interiors Ltd. (?Vitoch?); defendant Arthur Vitoch is the owner of defendant Vitoch. 7. Annexed hereto as Exhibit is a copy of the transcript of plaintiff?s deposition, which took place on December 23, 2015. 8. As confirmed by plaintiff during his deposition, this action only concerns the price that plaintiff was charged for goods that were purchased for the Laurel in connection with its refurbishment. Plaintiff is not suing?with respect to the quality of any of these goods (Deposition transcript of B. Thomas Golisano dated December 23, 2015 16). 9. Furthermore, plaintiff is not suing with respect to defendant Goldman?s hourly charges in connection with her refurbishment of the Laurel (Tr. 114?15). B. Background 10. Plaintiff and defendant Goldman had done business prior to the refurbishment of the Laurel. 11. In 2007, plaintiff hired defendant Goldman for interior design work on his home in Fishers, New York (Tr. 17). 12. Plaintiff testified that he cannot recall the terms under which he engaged defendant Goldman in 2007; he recalls no contract between them, whether written or verbal (Tr. 20). GEI GER AND ROTHENBERG, LLP Trial Lawyers 13. Plaintiff testified that he was satisfied with the work defendant Goldman did in 2007 (Tr. 27). 14. A couple years after the residential job, plaintiff hired defendant Goldman once more for a few additional items relating to his home in Fishers (Tr. 27?28). 15. Plaintiff testified that he was happy with the work defendant Goldman did for the residential job (Tr. 27). C. Plaintiff Hired Defendant? Goldman to Refurbish the Laurel. 16. This lawsuit arises out of the sale of goods for use on a luxury yacht purchased by the plaintiff and named the MY Laurel (?Laurel?). 17. Plaintiff described the Laurel as a motor yacht, 240 feet long by 40 feet wide, with a cruising distance of about 4,000 miles. It has five staterooms, in addition to the owner?s suite, and sails with a crew of 20 (Tr. 31). 18. Plaintiff purchased the MY Laurel in 2013 and then contacted defendant Goldman, to see if she was interested in doing work in relation to the refurbishment of the yacht (Tr. 42). 19. Plaintiff invited defendant Goldman to tour the yacht and give him certain ideas about design. 20. Defendant Goldman met plaintiff in November 2013, toured the Laurel, spent the night on the yacht with her husband, and then discussed certain design concepts with the plaintiff (Tr. 43). 21. Plaintiff next met with defendant Goldman at his residence in Naples, Florida, also in the fall of 2013. He testified that during the second meeting, defendant GEIGER AND ROTHENBER G, LLP Trial Lawyers Goldman verbally gave plaintiff an estimate of for the refurbishment of the Laurel (Tr. 56). 22. Plaintiff also testified that defendant Goldman told plaintiff she would charge him $140 per hour and said, ?I?ll share all of the discounts with you.? 23. There is no written engagement agreement between the parties with respect to any of defendant Goldman?s charges neither for her time, nor for the sale of any goods or materials that were to be installed on the Laurel. However, plaintiff testified that it was his understanding that he would be paying wholesale prices for goods?in other words, the same price that defendant Goldman would be paying, without any markup whatsoever (Tr. 76). 24. Plaintiff met with defendant Goldman a third time, on or about December 18, 2013, at his ?Rochester residence? in Fishers, New York. Plaintiff was unable to specify the precise date of this third meeting, but did testify that he returns to Rochester for Christmas each year, and he recalled that a third meeting occurred around Christmas time (Tr. 61). 25. Annexed hereto as Exhibit is a listing of checks that were delivered by plaintiff to the defendants for work on the Laurel. According to Exhibit D, the first checks written on plaintiff?s behalf were dated December 18, 2013 as follows: Amount of Check: To: $40,000 Norma Goldman $175,000 Vitoch Interiors Ltd. 26. Defendant?s work 011 the Laurel continued through the winter of 2013?14. 27. According to Exhibit D, plaintiff made his final payment to defendant Goldman on or about June 4, 2014 in the amount of $58,687.34. 28. Shortly thereafter, the Laurel sailed from West Palm Beach to Europe (Tr. 136?37). 29. Plaintiff admitted that after the Laurel sailed, it was chartered to third parties, and that he received revenue for charting the Laurel (Tr. 139). 30. Moreover, prior to the time when the Laurel sailed in June of 2014?-in fact, prior to the time the last check was written in early unemplaintiff had had an opportunity to view everything that had been delivered to the Laurel (Tr. 123?24). 31. Plaintiff testified that he does not dispute the accuracy of any of defendant Goldman?s time records (Tr. 114?15). 32. In addition, plaintiff testified that he does not dispute that the items for which he was billed were actually installed on or delivered to the Laurel (Tr. 119). 33. Rather, this lawsuit is solely about the price plaintiff was charged for those goods (Tr. 16). D. All Goods Sold to Plaintijj? were Accepted. 34. With one exception, plaintiff did not reject any of the goods that were delivered to or installed on the Laurel. The sole exception was some outdoor furniture that plaintiff found unsatisfactory and was returned to the vendor. Plaintiff admitted that he received a full rebate for this rejected furniture (Tr. 97?99). 35. At no time did plaintiff give notice to any defendant that he was rejecting any of the goods that had been delivered to or installed on the Laurel; nor is there any notice by which plaintiff revoked his acceptance of such goods. GEI GER AND ROTHENBERG, Trial Lawyers GEI GER A ND OTHENBER G, LLP Trim Lawyers 36. The record is uncontroverted that as of June 4, 2014 plaintiff paid in full?~both to defendant Goldman and to defendant Vitochwfor everything that had been delivered to the Laurel. 37. Moreover, it is undisputed that plaintiff retained all of the goods sold and delivered. Clearly, none of the defendants, as sellers of any goods, retained any ownership interest in any of the goods. 38. Notonly did the Laurel sail with all these goods aboard, but plaintiff chartered the yacht and received revenue from third parties, after all the goods had been sold and delivered. 39. Lastly, there is no claim in this case that any of the goods were non? conforming. The causes of action in the complaint are ?simply about price? (Tr. 122). E. Acceptance ofAll Goods Bars Plaintiff?s Claims with Respect to Price. 40. In support of their motion for summary judgment, defendants have submitted a memorandum of law, whose arguments are incorporated herewith. In sum, defendants are entitled to summaiy judgment for the following reasons: 6 Plaintiff accepted all goods sold and delivered for use on the Laurel Within the meaning of UCC 2-606. 0 Having accepted all goods sold and delivered, plaintiff was bound to pay the contract price. UCC 2?607(1) 9 After accepting and paying for all goods, plaintiff? sole remedy under Article 2 is an action for damages arising out of non~ conforming goods. 41. When a contract is silent as to the precise price to be charged, UCC 2m305 allows the seller to recover its price, so long as the price is reasonable. GEI GER AND ROTHENBER G, LLP Trim! Lawyurs 42. UCC 2?305 states that a price is ?a reasonable price at the time for delivery if nothing is said as to price?. UCC 43. The same section provides that a price fixed by the seller is a reasonable price, so long as such price is fixed in ?good faith?. UCC 2?305(2) 44. The official comment 3 to Section 2?305 specifically states that terms such as ?posted price? or ?price in effect? or ?market price? all satisfy the sellers good faith requirement. WHEREFORE, defendants respectfully request the entry of an order granting them summary judgment, dismissing plaintiff?s complaint in its entirety, and granting defendants such other and further relief as to the Court seems just, proper, and equitable. DatedzJanuary 28, 2016 Rochester, NY David Rothm GEIGER AND ROTHENBERG, Trial! Lawyers STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE B. THOMAS GOLISANO, Plaintiff, vs. Index No.: 2015 10706 VITOCH INTERIORS LTD., ARTHUR VITO CH, and AFFIDAVIT NORMA GOLDMAN, Defendants. STATE OF NEW YORK: COUNTY OF MONROE: ss NORMA GOLDMAN, being duly sworn, deposes and says: 1. I am a defendant in this action. I submit this affidavit in support of defendant?s motion for summary judgment dismissing plaintiff?s complaint. 2. Annexed to defendants? motion as Exhibit is a handwritten itemization of all prices for goods that were sold to plaintiff in connection with the refurbishment of the Laurel. 3. For every item sold, two prices are listed on Exhibit E. 4. The higher price, which is listed in parenthesis, is either the manufacturer?s suggested retail price, or the price that would be charged pursuant to the usual and customary markup applied by Vitoch Interiors, Ltd. for the sale of goods. 5. The lower price?the price not in parenthesis??which is found in the far right column in Exhibit E, is the discounted price that was charged to plaintiff for each item of the goods sold for the Laurel. 6. In each instance listed on Exhibit E, and for every single item that was sold to plaintiff in connection with the refurbishment of the Laurel, plaintiff was charged the lower price. 7. In other words, for every item sold to the plaintiff, he was charged less than the manufacturer?s suggested retail price, or less than the normal price that would have been charged by Vitoch, applying their usual and customary markup. 8. In 2007 and 2009 I did design and decorating work for plaintiff in connection with his Rochester residence located in Mendon, New York. 9. When I did work on plaintiffs residence, I billed him an hourly rate for my time, plus charges for all of the goods sold. The pricing for the goods was based on a discount from the manufacturer?s suggested retail price, or the usual and customary markup applied by Vitoch Interiors, LTD. 10. My billing practice for the refurbishment of the Laurel was exactly the same as the practice that had been employed by me when I did work on plaintiff residence on 2007 and 2009. N/drma Goldrg/gfn Sworn to bef heme on the ?27 day of_. 2M - 2016 GEIGER AND ROTHENBER G, LLP Trial Lawyers Exhibit A STATE OF NEW YORK SUPREME COUNTY COUNTY OF MONROE Bi THOMAS GOLISANO, Plaintiff, 473 \tIToci-t INTERIORS LTD, ARTHUR VITOCH and NORMA J. GOLDMAN, . Defendants. Tie the above-mentioned Defendants: i i Plaintiff designates Monroe County as the Place of Trial SUMMONS Index No: 3?0 l5? {0?1 0&3 The basis for venue is . principal office of Defendants 7 YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a: copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the Plaintiff?s attorneyswithin Wenty (20) days after the service of thisSummons, exclusive of the day of service, or within thirty days after completion. of service where service is made in any other manner than by personal delivery within the State, In case Of your failure to appear or Answer, Judgment will be taken against you by default for the reiief demanded in the - Ciiomplaint. i i I Dated: September 25, 2015 Ro Chester, New York Oi?im E. Peizulo, Esq. . (585) 54637830 Vitoeh Interiors LTD 59-Helstead Street Re Chester, New York 1461 0 Arthur Vitoeh 59 Haistead Street Rochester, New York 14610 - CU LEV, MARKS, TANENBAUM PRzip?Lo Arl'orneystr Platntf?? B. Thomas Golz'scjz'g?fio 36 est Main. Street, Rochester, New York 14614 Suite 500 ., 1? Norma J. Goldman 724 Lake Road Webster, NY 5 145 80 on NEW COUNTY COUNTY OF MONROE THOMAS .473? LTD - GOLDMAN, Plaintiff, ARTHUR VITO CH and Defendants. mama, B. Thomas Pezznlo, as and for his complaint against Defendants: alleges as followsall relevant tunes, Plaintiff inaintams a Teetdenoe 1n the County ofl?ylonro?e, State of? New Ol'k. 2. Defendant Vito and existing under the? laws of the State of New at 59 l?lalstead Street, Rochester, New York 14610. ch Interiors LTD, COMPLAINT Index Noni!) r51 mace: >01isan0,by and ugh his attorneys, Culley Marks Tanenlgaum as; ur {?nial . was] .N- kW.? . . . a domestic busmess )rk, County of Monroe with a place of business 3. Defendant Arthur Vitoch is a resident of the County of Monroe, State of New York. 4. The Defendant Norma J. Goldni 211 New York. FIRST CAUSE on ACTION AGAINST DEFENDANTS BREACH OF CONTRACT i 5. PlaintilT repeats and realleges Para 1 is a resident of the County of Monroe, State of graphs 1 tln?ough 4 as if set forth fully herein} 6. On or about November 7,2013 tluOugh December 18, 2013, Plaintiff lured the Defendants to refurbish Plaintgiff? Imam! MY Laurel. 7. included: 10. thereto of $14-0/per hour. 1. 1.. Plaintiff would be charged Defendants? wholesale cost. or Defendants? preferred price for all goods Plaintiff hired Defendants, among other things, to prepare a design scheme which Color schemes for new furniture; ?l r. hlttim'or design, including color schemes; a? 4 "t ?i if?; Wall coverings; V1 ?0 Floor coverin gs; f? Lighting treatments; Window treatments. 3. Also, Plaintiff hired Defendants to: Re?upliolster certain existing ?tmitmte; Refurbile built~ins and wall panels, including built?in benches. Also, Plaintiff hired Defendants to provide new: Carpetin g; Draperies; Lighting fixtures; Paintings; Furniture; Bed linens. Defendants promised Plaintiff the only fees for services provided would be charged Defendants promised Plaintiff. regarding the materials or goods provided, that and materials, thereby implying a substantial savings to the Plaintiff. 12. amount of $33,800.00. Plaintiff aid the Defend ants the total amount charged for hourly compensation in the i 15:: a. ?$53th 116"!? {tag] ?a i. v9.3 icf?t' tr? lift materials, which sum amounts Plaintiff pai the Defendants the following some of money for goods and services: 12/18/2013 Norma Go1dman 40,000.00 12/ 1 8/2013 Vitoch Interiors 175,000.00 02/10/2014 Norma Goldman 240,000.00 02/ 10/ 2014 Vitoeh Interiors 100,000.00 03/26/2014 Vitoch Interiors 75,000.00 03/26/2014 Norma Goldman 156,000.00 06/04/2014 Norma Goldman 7 58,867.34 1 Total Paid $844,867.34 14. As of the result of the above, Defendants, $811,067.34 for goods and 15. 16. flahaltif??has pet ormed all of his terms and conditions of the contractwholesale or preferred pnce for1natena1s. ?2 . to a 100% mark?up Violation of the Defendants? promise to charge (J I 44.04 I ?y WV Plaintiff has demanded the return Of; $400,000.00 (See Exhibit A). ?1 a - 4, '1 rug/u, m? 5.11.42-01.11 ,144343'5" Defendants ha'x breached its contraet with the Plaintiff, notonly with respect to the overcharges referenced above, but also based. upon its deviation from an acceptable stande of care . 1, . . In. pe1tfom1ance as C1631 gn profo?ssmnals. 17. Plaintiff has been damaged in the sup; of $400,000.00. SECOND CAUSE OF ACTION DEFENDANTS: UNJUST ENRICHMENT 17. Plaintiff repeats and rea1leges Paragraphs 1 through 16 as if set forth fully herein. ?18. Plaintiff per-fonned of his obligations pursuant to the terms and conditions of the Conn-act, gig/?11141 41a} 1 1; (:11 19. In eXChange for Plaintiff? fu1?llment of his obligations and duties, and Dei??c:ndants> bif'each' of the connect, Defendants owe Plaintiff the sum of $400,000.00. I -3- Kaj 20. As atesult of Defendant?s failure and refusal to pay Plaintiff the amounts due and 0 WM Owing to him, Plaintiff is entitled to judgment in the amount of $400,000.00 plus interest. WHEREFORE, Plaintiff Thomas Gdlisane demands judgment against Defendants Vitoch Interiors LTD, Arthur Vitoch and Not-Ina J. Goldman as follows: 1. On the First Cause of Action in thelatnount of $4003000.00, plus interest; 2. On the Second '1 Dated: September 25 2015 Rochester, New?York Cause of Action in amount of $400,000.00, plus interest; 3. Such other and further costs as thisJCourt deems just and proper. I Cum I Ms- Glen E. Penzulojsq. Culley Marks Tanenbaum Pezzulo, LLP A #07726ny lPlainti?? 36 W. Main Street, Suite 500 Rochester, NY 14614-1790 (585) 546?7830 Exhibit GEI GER AND ROTHENBERG, LLP Trial Lawych STATE OF NEW YORK COUNTY OF MONROE SUPREME COURT B. THOMAS GOLISANO, Plaintiff, vs. Index No.: 2015/10706 VITOCH INTERIORS LTD., ARTHUR VITOCH, AND NORMA GOLDMAN, Defendants. ANSWER AND COUNTERC MS Defendants, for their answer to plaintiffs complaint, allege upon information and belief as follows: 1. Admit the allegations in paragraphs 2, 3, and 4 of plaintiff?s complaint. 2. Deny the allegations in paragraphs plaintiff complaint. 3. Deny knowledge and information sufficient to form a belief as to the truth of the allegations in paragraph 1 of plaintiff complaint. 4. In response to the allegations in paragraphs 7?9 of plaintiffs complaint, defendants admit that defendant Norma J. Goldman (?Goldman?) was engaged by plaintiff to perform the services alleged and to provide the goods alleged, and deny the remaining allegations in paragraphs 7?9 of the complaint. 5. In response to the allegations in paragraph 13 of plaintist complaint, defendants admit that plaintiff paid the alleged sums on the alleged dates, but state that a portion of the sums alleged was refunded by defendant Goldman to the plaintiff. 6. In response to the allegations in paragraph 15 of plaintiff?s complaint, defendants admit that plaintiff has demanded payment of $400,000.00, and deny that plaintiff? is entitled to any further refund of any payment, nor to recover anything from the defendants. 7. In response to the allegations in the ?rst paragraph numbered 16 in plaintiff?s complaint, defendants admit that plaintiff paid sums requested by defendants, and deny the remaining allegations in the first paragraph numbered 16. 8. Defendants deny the allegations contained in the second paragraph numbered 16 in plaintiff?s complaint. 9. Defendants deny the allegations contained in the first paragraph numbered 17 in plaintiff?s complaint. 10. In response to the allegations in paragraph 18 of plaintiff?s complaint, defendants admit that plaintiff paid sums requested by defendant, and deny the remaining allegations in paragraph 18. 11. Defendants repeat and reallege their responses to paragraphs 5 and the second paragraph numbered 17 in plaintiff?s complaint as though fully set forth herein. 12. Defendants deny each and every remaining allegation in plaintiffs complaint to which defendant has not specifically responded above. GEI GER AND ROTHENBER G, LLP Trial Lawyers GEI GER AND ROTHENBERG, LLP Trial Lawyers FIRST AEEIRMATIVE DEFENSE 13. Plaintiff?s complaint fails to state a cause of action against the defendants. SECOND AFFIRMATIVE DEFENSE 14. Plaintiff?s causes of action are barred by the doctrine of waiver. THIRD AFFIRMATIVE DEFENSE 15. Plaintist causes of action are barred by the doctrine of estoppel. FOURTH AFFIRMATIVE DEFENSE 16. Plaintiff?s causes of action are barred by the doctrine of accord and satisfaction. FIFTH AEFIRMATIVE DEFENSE 17. In or about the spring of 2014, and before the yacht had sailed following its redesign and refurbishment, plaintiff 8 agents reviewed and inspected all work that had been performed by or on behalf of defendants, and all goods that had been supplied for installation or use on the yacht. 18. At or about that time, plaintiff 5 agents, acting within the scope of their authority, accepted all goods that had been sold to the plaintiff. 19. By reason of having accepted all goods delivered to the yacht, which goods were inspected by plaintiff agents, plaintiff causes of action are barred by Article 2 of the Uniform Commercial Code. SIXTH AFFIRMATIVE DEFENSE 20. After plaintiff 8 agents had inspected all goods installed on or delivered to the yacht, and prior to the date on which the yacht sailed from its mooring at West Palm Beach, Florida, plaintiff failed to reject any of the goods which had been delivered. GEI GER AND ROTHENBERG, LLP Trial Lawyers 21. After plaintiff?s agents had inSpected all goods installed on or delivered to the yacht, and prior to the date on which the yacht sailed from its mooring at West Palm Beach, Florida, plaintiff did not revoke acceptance of the goods that had been installed on or delivered to the yacht. 22. By reason of the foregoing, plaintiff?s causes of action are barred by Article 2 of the Uniform Commercial Code. SEVENTH AFFIRMATIVE DEFENSE 23. Following the inspection of all goods that had been installed on or delivered to the yacht, which inspection was conducted by plaintist agents, plaintiff took actions inconsistent with any defendant?s ownership of the goods. 24. More particularly, at various times between the summer of 2014 and January of 2015, plaintiff sailed the yacht for his own personal use and enjoyment, or leased the yacht to third parties. 25. By reason of the foregoing, plaintiff accepted all goods pursuant to Section 2-606 of the Uniform Commercial Code. 26. By reason of the foregoing, plaintiff?s causes of action are barred by Article 2 of the Uniform Commercial Code. FIRST COUNTERCLAIM 27. Defendant Norma Goldman (?Goldman?) is a resident of the State of New York, County of Monroe. 28. Upon information and belief, plaintiff maintains a residence in the State of New York, County of Monroe. 29. Between the fall of 2013 and May of 2014, defendant Goldman provided services to the plaintiff for the redesign and refurbishment of his luxury yacht, the MY Laurel (?the yacht?). 30. In addition, and during the same time period, defendant sold various goods to the plaintiff for installation and/ or use on the yacht. 31. Between the fall of 2013 and in or about June of 2014, plaintiff paid all bills which had been rendered by defendants. 32. Upon information and belief, between the summer of 2014 and January of 2015, plaintiff leased the yacht to third parties for various periods of time. 33. In July 2014, after defendant Goldman?s work had concluded and after the yacht had sailed from West Palm Beach, Florida to the Mediterranean, plaintiff and defendant Goldman met. 34. During the July 2014 meeting, plaintiff raised certain concerns regarding the fit and finish of some goods that had been installed on the yacht, even though plaintiff had already accepted such goods and had already approved all work that had been performed. 35. During their July 2014 meeting, plaintiff represented to defendant Goldman that he would forego litigation against her and/ or others, provided that she remedied all of his concerns regarding the fit and finish of goods. GEIGER AND ROTHENBERG, LLP Trial Lawyers GEI GER AND ROTHENBER G, LLP Trial Lawyers 36. In return for plaintiff representation not to sue, defendant Goldman agreed that she would address fit and finish concerns, at no cost to the plaintiff, when the yacht returned to Florida. 37. In or about annary of 2015, after the yacht had returned to its mooring in West Palm Beach, Florida, defendant Goldman met with plaintiff 3 agents, at which time plaintiffs agents raised additional concerns regarding the condition of various goods that had been installed on the yacht. 38. Defendant Goldman observed that many of these additional concerns related to normal wear and tear, as a result of the yacht having been leased during the previous year. 39. Plaintiff and defendant Goldman had entered into an oral agreement, pursuant to which defendant Goldman had agreed to replace or repair those goods about which plaintiff had raised complaints, without any charge for either goods or services and in return, plaintiff would not commence litigation against her or any of the other defendants. 40. In reliance upon this oral agreement, defendant Goldman, at her own expense, replaced or repaired numerous goods on the yacht which had been damaged as a result of normal wear and tear, and performed numerous services on plaintiff behalf, in order to comply with plaintiff demands. 41. In that regard, defendant Goldman spent $7,216.37 for replacement or repair of goods which were installed on the yacht at no cost to the plaintiff. 42. In addition, defendant Goldman expended 69.5 hours of her time in connection with addressing plaintiffs complaints and replacing those goods about which plaintiff or his agents had complained, without charging plaintiff for her services. 43. The fair and reasonable value of services provided by defendant Goldman to the plaintiff for this additional work performed pursuant to the parties? oral agreement was $10,425.00. 44. Plaintiff and defendant Goldman entered into an oral agreement, under which defendant Goldman repaired various goods or provided additional goods and services to the plaintiff, at no charge, in reliance upon plaintiff promise not to commence litigation. 45. Defendant Goldman gave plaintiff valuable consideration. 46. Plaintiff breached his oral agreement with defendant Goldman by commencing the instant lawsuit. 47. Defendant Goldman has been damaged in the amount of $17,641.37. 48. By reason of the foregoing, plaintiff is liable to defendant Goldman for breach of contract in the amount of $17,641.37, plus interest from the date of breach. SECOND COUNTERCLAIM 49. Defendants repeat and reallege each and every allegation contained in paragraphs 27 through 48 above, as though fully set forth herein. 50. Plaintiff made a clear and unambiguous promise to defendant Goldman that he would not commence litigation against her and others, provided that she replaced or repaired various goods on the yacht at no additional cost to the plaintiff. 51. In reliance upon plaintiff clear and unambiguous promise, defendant Goldman gave plaintiff goods and services with a value of $17,641.37, at no charge. 52. By commencing the instant litigation, plaintiff has caused injury to defendant Goldman. GEIGER AND ROTHENBER G, LLP Trial Lawyers GEI GER AND ROTHENBERG, LLP Trial Lawyers 53. By reason of the foregoing, plaintiff is liable to defendant Goldman for promissory estoppel in the amount of $17,641.37, plus interest. THIRD COUNTERCLAIM 54. Defendants repeat and reallege each and every allegation contained in paragraphs 27 through 53 above, as though fully set forth herein. 55. Defendant Goldman gave plaintiff goods and provided plaintiff with services for which plaintiff has not paid. 56. By reason of the foregoing, plaintiff is liable to defendant Goldman in quantum meruit in the amount of $17,641.37, plus interest. WHEREFORE, defendants demand judgment against the plaintiff as follows: A. Dismissing plaintist complaint as against all defendants; B. Awarding judgment against plaintiff, and in favor of defendant Norma Goldman, in the amount of $17,641.37, plus interest from the date of breach; and C. Awarding defendants the costs and disbursements of this action. Dated:November 3, 2015 Rochester, NY 15/:bcwicf 0 Mien/2 erg David Rothenberg, Esq. GEIGER and ROTHENBERG, LLP Attorneys for Defendants 45 Exchange Street, Suite 800 Rochester, New York 14614 Tel: (585) 232?1946 Fax: (585) 232-4746 Email: drothenberg@geigroth.com To: Glenn E. Pezzulo, Esq. CULLY MARKS TAN ENBAUM 8: PEZZULO LLP Attorney for Plainti? 36 West Main Street, Suite 500 Rochester, New York 14614 GEI GER AND ROTHENBERG, LLP Trial Lawyers Exhibit w-b-mNi?Aomooqmmuzmeom STATE OF YORK COUNTY OF MONROE THOMAS OOLISANO, Plaintiff, ?vs? 205- VITOCH INTERIORS, LTD. VITOCH and NORMA J. GOLDMAN, Defendants. . . - Examination before trial of B. THOMAS GOLISANO taken pursuant to notice in the law of?ces 01" Culley Marks Tanenbaum ITezzulo, LLP, 36 West Main Street, Rochester, New York on Wednesday, December 23, 2015, commencing at 9:27 am. Reported by: COMPUTER REPORTING SERVICE Margaret R. Crane 16 East Main Street, Suite 7 Rochester, New York 14614 APPEARANCES: CULLEY MARKS TANENBAUM PEZZULO, LLF By: GLENN E. PEZZULC, 36 West Main Street, Suite 500 Rochester. New York 14614 Attorneys for Plainti GEIGER and ROTHENBERG. LLP By: DAVID 1G, Esq. 45 Exchange Street, Suite 800 Rochester, New York 14614 Attorneys for Defendants SUPREME COURT Indc No. 10706 ARTHUR (585) 325?3 170 Esq. 1 QOUTHE-UJMH mewNi??otpooqmmewMi?rom INDEX 13. Thomas Oolisano Examination by Mr. Rothenberg 169 Reporter Certificate 170 Witness Certi?cate 171 Errata Sheet 172 REQUESTED MATERIAL - search personal calendar for entries re: meetings with defendants 73 - visitor list 94 EXHIBITS No. 1 complaint 13 No. 2 photos of Laurel 36 No. 3 - carpeting estimate 59 No. 4 - list of checks 59 No. 5 - Estimate for Mr. Tom Oolisano, the Laurel 59 No. 5A - handwritten letter from N. Goldman to T. Oolisano with attached estimate 59 No.6 - T. Golisano's bank account, June 2014 108 No. 7 - itemized bill for services rendered No. 8 summary ofN. Goldman's billing No.9 - summary ofVitoch's biliing No. 10 two pages of photos No. 11 - list ofrooms 143 113 117 120 139 No. 12 letter from N. Goldman to T. Oolisano 147 No. 12A - notes 157 COMPUTER REPORTING SERVICE (5851 Golisano Examin It is hereby stipulated by and between the attorneys for the respective parties herein that the filing ofthe transcript be vt aived; that any and all objections except as to the reserved until the time oft' It is further stipulated that the oath and presence of the Referee be R. Crane, Notary Public, B. THOMAS called herein as a witnes%;, being duly sworn, testi?ed as folio vs: EXAMINATION BY MR. ROTHENBERG: Q. Mr. Golisano, good Rothenberg. I represent the Have you ever been depo A. Yes. Q. So I'm going to go ov assume you know them, but them quickly with you. First rule is that you have so that Ms. Crane can take it A. Get it. Q. Second one is, and I we're going to have an issue B. T. Golisano - Examinat need to wait for me to finish know exactly what I'm going to ask. A. Why do you think we' with that one? Q. Because I've been inter A. By who? Q. By you, sir. A. Oh. Q. And so what I need yet ?nish and, in turn, I will wait for you to finish your answer. A. Okay. Q. Understood? A. Absolutely. Q. So il?l happen if you interrupt your answer. you net and I?ll stop and I'll let you fn ish. A. Okay. Nowthat one of the rules? Q. You can say whatever obliged to answer the question in any CVent. A. All right. ition by Mr. Rothenberg form of the question be al; waived, and that Margaret [lay swear in the witness. orning. I am David defendants in this case. sed before? er some ground rules. I to vocalize your answer down. ?an sense already that with this one, but you ?on by Mr. Rothenberg iy question even if you re going to have a problem 'upted twice already. to do is wait for me to pause and I happen to to tell me right away me a feelish question please, but you are would still like to go over 7 1 B. T. Goiisano - Examination by Mr. Rothenberg 2 Q. The third ground mic is that ifyou don't 3 understand my question, 1 want you to tell me that 4 because ifyou answer my question I'm going to assume 5 that you have understood it. Is that understood? 6 A. Fair enough. 7 Q. And lastly, ifyou need a break, you just need 8 to tell us and we'll take a break at any time you wish. 9 Okay. Were you born and raised in Western New 1 0 York? 11 A. Rochester. 1 2 Q. Okay. And where did you attend high school? 13 A. lrondequoit. 1 4 Q. Tell me a little bit about your post high 1 5 school education. 1 6 A. My post high sehoo! education? 17 Q. Yeah. Did you go to college? 1 8 A. Alfred State Tech, two years 1 9 Q. And graduated 2 0 A. Associate's Degree. 2 1 Q. -- graduated 22 A. '62. 2 3 Q. Okay. We're not following the rules and 2 4 here's the problem. It's very difficult for the Stone 2 5 to take the testimony if we're talking over each other, 1 B. T. Golisano - Examination by Mr. Rothenberg 2 so I need you to be more patient. 3 Okay? 4 We're going to cover a lot of ground today, but I 5 need you to wait for me to finish my questions. 6 A. Can i consult with my attorney before] answer 7 the question? 8 Q. Well, you're supposed to answer the question 9 when it's on the table, but I'm not going to tell you 1 and your lawyer what you guys are going to do today. 1 1 The two ofyou are going to figure that out. 1 2 My understanding ofthe rule is that when the 13 question is on the table you're supposed to answer it 1 4 and then you consult afterwards, but if Mr. Pezzuio 1 5 feels differently, he'll advise you that much. 1 6 So back up. I'm sorry. You got out of Alfred Tech 1 7 what year? 18 A. 1962. 1 9 Q. And did you attend any educational 2 institutions, matriculating alter that dateAre you presentiy married, sir? 2 3 A. Yes. 2 4 Q. And what is the name ofyour wife? 25 A. Monica. (585) COMPUTER ING SERVICE 325?3170 i 3 COHJOXU'lab-wwlw? 25 B. Golisano - Examina Q. And what was the date A. September 28th, 2014. Q, don't want to spend all when did the business begin A. What is the relevancy Q. Well, don't need to ans but A. l?d like to ask it. Q. Okay. Fairenough. I want to just explore very a sophisticated businessmantell me, ?rst business that became Paychex )riginate? A. November 1970. Q. And just tell me, you know, in one paragraph about Paychex from its origin t3 when it became a public company. A. it's origin to when how much detail do you want? Q. As much as you want to a lot. said one paragraph. Te want to tell me. A. Company started in B. T. Golisano Examim rietly that -- you?re ll me whatever you \0 ion by Mr. your marriage? day on this, but it eventually became if all this? wer that question, what would like to oi?all> when did the tell me. I don't need 1970 in Rochester, tion by Mr. Rothenberg New York. Over a period 0 branches in various cities across the country. The initial product was payroll processing and we had approximately 80 share shareholder. We went public in August of 1983. El?. Hutton and l-lambrecht 8.: Quist did the and today we're still a public company. Q. And From origin until you went public did you hold an of? ce with the compo 1y? A. CEO. Q. And after the company retain the CEO title? A. Until 2004. Q. So then you were the CEO of Paychex For approximately 30 years; is that correct? A. Uhmwuhm. Q. You need to vocalize. A. Yes, yes. Q. And since you stepped down as CEO have you held any other office with Pay chex? A. I'm still chairman of? Q. Okay. Do you today 5: rve on the board of directors of any other For?profit corporations? became public did you 12 or 13 years we opened lOlthI?S. I was the major Golisano Examination by Mr. Rothenberg . Public or private? . Either one. Yes. . How many public corporations? Zero. . How many private corporatiOns? . About seven or eight. . And are they all engaged in some for-pro?t business activity? A. Yes. Q. So would it be fair to say, Mr. Golisano, that you consider yourself a sophisticated businessman? A. Not really. Q. Why not? A. How do you define that term? Q. Well, the courts have de?ned that term. Tell me why you don't think you're sophisticated. A. Tell my how the court defines it and then answer. Q. You served as the CEO ol?a company that grew From origin into public company in about a decade, correct? A. Yes. Q. And so would it be fair to say that you 12 B. T. Golisano Examination by Mr. Rothenberg shepherded that growth from origin until the time the company became public? A. The company grew during that period, yes. Q. And then you served as the CEO of a public company For more than two decades, correct? A. Correct. Q. And how many employees did Paychex have approximately at the time that you stepped down as A. About 9,000. Q. So in your mind can you give me an idea of somebody other than yourself who might be a sephisticated businessman? A. Joe Wilson. Q. More sophisticated than you, sir? A. He?s the CEO oerrox, sure. Q. I'm not going to quarrel with you about it, but as CEO of Paychex were you involved in the negotiations for business transactions? A. That's a pretty broad question. Q. I understand that. A. i guess I would have to say yes. Q. And were you either involved directly or indirectly in the negotiation For example, when the decision was made to take Paychex public, were you COMPUTER I REPORTING SERVICE (585a 325H317o L?vlwat?JOkomdmL??bWNl??OKO 13 B. T. Golisano - Examination by Mr. Rothenberg involved personally in those discussions that led to the company going public? A. Of course. Q. Paychex ever make ary acquisitions under your stewardship? 3 A. Yes. Q. And were you involved, sir, in the negotiations involving any 0 ?those acquisitions? I A. Yes. i MR. ROTHENBER G: Maggie, can you please mark this as Exhibit l? (Exhibit No. complaint - marked for identification.) MR. ROTHENBERG: Let's go off the record for a second. (Discussion held offthe reccrd.) BY MR. ROTH ENBERG: Q. Okay. Mr. Golisano, let me hand you what's been marked for identi?catic as Deposition Exhibit 1. Can you identify that, sir? A. Yup. Yes. Q. And you recognize Exhibit 1, Mr. Golisano, as a copy ofthe complaint in tl is action? A. Yes. B. T. Golisano Examination by Mr. Rothenberg Q. You, sir, are the plaint'ff in this action, right? A. i understand. Q. And there are three de ?endants named in the complaint. correct? A. Evidently, yes. Q. So the ?rst named defendant is Vitoch Interiors, LtdYes. Q. And you had done business with Vitoch interiors, Ltd. prior to the work that was done on the Laurel, correct? A. Back in '87 or somet ring like that. Q. How about in 2 i A. '85. Q. We're going to catch to this later, but didn't Ms. Goldman work with Vitoch when the work was done on your residence? A. Yes. The issue is though, I never dealt with anybody from Yitoeh. 1 or ly dealt with Norma. Q. Fair enough. We'll catcir up with all ofthat. I A. Okay. Because there is a differentiation because we wrote cheeks tr: two different parties. As: long as we understand tha . [DalmmwaI?t 14 25 15 B. T. Golisano - Examination by Mr. Rotlaenberg Q. We're going to catch up with all of that, but you recall that when Norma did the work on your house back in '07 that Vitoch interiors was, let's say, the supplier of goods, correct? A. Evidently, yes. Q. And Mr. Vitoch, are you saying that you did business with Vitoch individually back in 1987? A. Yes. He sold us some furniture for our home on Canandaigua Lake. Q. And wejust clari?ed that you had done business with Norma Goldman prior to the Laurel job as well? A. Correct. Q. Ifyou go back to the complaint, the complaint asserts two causes of action, one for breach of contract and one for unjust enrichment. Did you see that when you were reading through there? A. Uhm?uhm. Q. You've got to vocalize. A. Yes. Q. And it's my understanding based on conversations with your counsel that this lawsuit does not allege claims regarding the quality of workmanship that was performed by the defendants; is that correct? 16 B. T. Golisano - Examination by Mr. Rothenberg A. That is correct. There are several issues with the workmanship and the product selection, but] have decided not to make that an issue in this case because it just isn't worth it. It was a bigjob. Overall Norma did a pretty good job. She did have some issues. Some of them still haven't resolved. Some of them still bother the heck out ofme, but I don't want them to be part ofthis lawsuit. It's not important. Q. Fair enough. So then the causes of action that are alleged in Exhibit concern the price you paid for the goods that were delivered, correct? A. Exactly. Q. So I want to ask you now a bunch ofquestions about the defendant Norma Goldman and initially my questions are exclusively about her. [fl misspeak or if you need clari?cation, just let me know. Now, we talked about this a second ago, but you did business with Norma before the Laurel, correct? A. Correct. Q. And did you know Norma Goldman in any capacity before you first did business with her? A. Idon't remember but if] did it was (585)' COMPUTER REPORT ING SERVICE 32 5*317 Unmei-?Okom-Jmmawmpow 17 B. T. Golisano - Examination by Mr. Rothenberg strictly social. i Q. Do you have -- A. Somebody must have referred me to her. Q. Okay. was going to kind of get there, but do you have a specific recollection of?having met her socially before you first engaged her? A. i don't remember anything speci?c. Q. And do you have a recollection ofhow you came to engage her for your I?eside?itial job? A. In '07, no. Q. But you do recall that there came a time when you hired Norma Goldman fn? interior design work on a home that you owned, correct? A. Absolutely. Q. And was that the ?rst occasion on which you had done business with Norma Goldman? A. Yes. Q. And where is the house located? A. 470 Main Street Fishers, Mendon, New York. Q. Sojust for shorthand ?0 we don't spend a iot oftime dealing with the detafis, do you call it the Mendon house or the Fishers house or give me a shorthand that's easy. A. I call it my house. B. T. Golisano Examination by Mr. Rothenberg Q. Well, you have more than one residence, correct? A. No. I only have one residence and that's in Naples, Florida. Q. Well, you only have one domicile, but you can have multiple residences. MR. PEZZULO: Ot?fthe record. (Discussion held offthe record.) BY MR. Q. So the house that you own ljust want a shorthand for it so i don't ha\ to keep saying, "The house that you own at X, Y, Street in Mcndon, New York." Just give us a shorth 1nd for this house that we're taiking about. A. The Rochester housr. Q. The Rochester house. Fair enough. And what was the scope lithe work for which you hired Norma for the Rochestier house? A. She purchased furniture and she purchased carpeting. Q. Did she do interior design work? A. I don't know what you mean by that. Q. Well, did she pick color schemes for you, did she do wall carpeting, did she get stubGolisano Examination by Mr. Rothenberg A. Okay. One thing at a time. Wall carpeting, no. Q. Wall covering. Excuse me. A. She must have because there's wall -- ivell,l don't know it'she did it or my wife did it. Let me -- it might help you if you get an untlerstamling of the timing, how that evolved. Q. Fine. Tell me about it. A. At the time the house was being finished I was married, but before it was finished I was unmarried. Okay? My wife, even a We decided to go our separate ways, decided that she would continue working on the house, okay, but when the final divorce decree happened Heather decided, "Well, I'm done. Let's get somebody else to finish it,? and that's when I brought in Norma. So it's kind of hard for me to remember for example, I know the dining room table and chairs we bought in North Carolina. The bedroom set we bought -- I think we I don't know where we bought that, but we bought that some place. So it wasn't a complete job. It was just a patch job. Q. Okay. Fair enough. T. Golisano - Examination by Mr. Rothenberg This was a newiy buiit house? A. Correct. Q. So at same point someone, whether it was Heather or yourself, began the decoration process from scratch, correct? A. Correct. Q. And what you're indicating in your testimony is that somewhere along the way the responsibility for completing the interior design work switched from Heather to Norma Goldman? A. I'd say that's fair. Q. Okay. Now, when you engaged Norma Goldman to do that work for your Rochester house did you have a written engagement agreement with her? A. Not that I remember. Q. What do you recall then about the terms under which you engaged Norma for the design work she did for your Rochester house? A. realty don't remember any of the terms other than the fact that asked her to get it and she gave me estimates I believe and I paid her, but I don't remember there was no verbal contract that I remember or certainly there?s no Written contract. Q. Do you recall whether she biiled you for your (585) COMPUTER REPORTING SERVICE 325-3170 Golisano - Examination by Mr. Rothenberg 1 B. T. Golisano - Examination by Mr. 2 tmm? 2 MR 3 3 4 built oh, billed? 4 All right? 5 MR. ROTHENBERG: Billed. 5 I'm not the one who started this tawsuit. 6 THE WITNESS: I don't remember. 6 THE WITNESSMR. ROTH ENBERG: 7 overcharged by $400,000, so 8 Q. So then would it be accurate to say that you 8 MR. ROTHENEERG: i'm not churning 9 don't remember whether you lactuatly paid her For the 9 anything. 1 0 lime that she spent on, let's say, an houriy basis? 10 Okay? 1 1 A. I don't remember. 1 1 THE WITNESS: I think you are. 12 12 MR 1 3 behalfpurchased certain goo is for the house, correct? 1 3 THE WITNESS: That's my opinionAnd that you did pay ?or the goods, correct? 15 fair characterization. It's a lot ofmoney. It's -- 1 6 A. Must have. 1 6 hold on. You can hear me out here. 1 7 Q. Can you recall the cat gories ofgoods that 17 THE WITNESS: Okay. 1 8 were supplied by Norma as opposed to the work that was 1 8 MR. ROT HEN BERG: There's a lot of money at 1 9 done previously by Heather? 1 9 stake in this case here. 20 A. Ask me that again. 2 0 THE WITNESS: Right. 2 1 Q. Do you recall the categories ot?goods that you 2 1 MR. ROTH ENBERG: My clients are very 2 2 got through Norma as oppose to Heather, and by 2 2 concerned about this lawsuit. 2 3 categories I'm talking furnitu ?e is a category, 2 3 THE WITNESS: They should be. 2 4 carpeting is a category, artwork is a category, drapery 2 4 MR. ROTHENBERG: I'm doing my job. I'm 2 5 is a category. 2 5 doing what I would do For you and what you would want 2 2 2 4 B. T. Golisano Examinati an by Mr. Rothenberg B. T. Golisano - Examination by Mr. Rothenberg 2 Can you remember what Norma -- 2 your lawyer to do. So I don't want you telling me on a 3 A. Well, I know she did show furniture and I know 3 record here that I'm churning this ?le. I am not 4 she did some artwork and I know she did some carpeting. 4 churning anything. 5 Q. Do you recall whether \iitoch Interiors was the 5 Do you understand that? 6 supplier of any otthe goods you got -- hold on. 6 THE WITNESS: Well, that's your opinion, 7 You've got to wait For me to ?nish. 7 sir. 8 A. I didn't say anything. 8 MR. ROTHENBERG: Well, you have no basis 9 Q. Iknow, but-- 9 for your opinion. Let's say itthat way. 10 A. 11'] want to say somctl ing I'm going to say, 1 0 THE WITNESS: Oh, I don't? 11. "What's the relevance ofall of this? It has nothing 11 MR. ROTHENBERG: N0. 1 2 to do with whatever we're talking about,? but go ahead. 12 THE WITNESS: I think I do. 13 I know you want to set mt up as a sophisticated 13 MR. ROTHENBERG: Well, fair enough. 14 businessman and that 14 MR. PEZZULOZ David,_iust ask the next 15 Q. No. We're way past 15 questionprior arrangement, but none of it 1 6 THE WITNESS: Yeah, go on. 17 has anything to do with this iase, buth ahead, Bruce. 1 7 BY MR. ROTHENBERG: 18 Help yourself. 18 Q. Did Vitoch Interiors supply any ofthe goods 1 9 MR. PEZZULO: It's avid. 1 9 that were provided for the - please wait for me to 2 0 THE WITNESS: Dav id. 2 finish - for the 2007 job for your Rochester house? 2 1 MR. PEZZULO: Ant told you you Were 2 1 A. Ican't answer the question because I don't 2 2 going to get asked these questions, so don't act 2 2 know. All my exposure was to Norma. 2 3 surprised please. 2 3 Q. Do you remember writing any checks to Vitoch? 2 4 THE WITNESS: Yeah, I know. i know how 2 4 A. No, I don?t remember. 2 5 you attorneys churn things. 2 5 Q. Did you deal with anybody directly other than COMPUTER REPORTING SERVICE 32 5?3 17 (585) mwaI?IOtomqmmiwai??CQ mummwar?t HOtocoqmcnascowi?Jom 22 23 24 25 B. T. Golisano Examin 25 by Mr. Rothenberg Norma Goldman for the 2007iob? A. Not that I remember. Q. Did you have any direct contact with Arthur Vitoch? A. On the 2007 job? Q. Correct. A. No. Q. And do you have any recollection ot'talking to or dealing with anybody at itoch interiors, Ltd? A. Relative to Q. The 2007 job. A. 2007? No. Q. Okay. Do you recall Norma gave you an estimate to do? A. i do not remembert Q. Do you remember for gave Norma a deposit when A. I don't remember th "or the 2007 job whether for the work she was going rat. the 2007 job whether you ?he began her work? at either. Q. Let me put it this wayl to save a iot of questions: Tell me what yet can remember in terms of not the decoration that was done, but the business and of the 2007 job as between A. Yeah. [didn't consi on and Norma Goldman. der the 2007 job a major 26 B. T. Golisano - Examination by Mr. Rothenberg deal because a lot of it was left. i don?t remember negoti the payments how much price range or the budget. that. till?in that Heather had ating with her about what twas going to be or the I don't remember any of was very much involwd with other issues at the time, one with Heather, one with Paychex, and quite fra nkly, Norma was insigni ?cant at the time. Now, I can't even tell you within $100,000 how much I paid. Q. That was my next que A. have no idea. Q. Do you have any idea miilion dollars? A. Oh, I doubt it, but if to go back on that one. Q. Do you have'bank rec allow us to figure out exactly Norma? A. Yes, but she shoutdb tion. whether it was half a it was, maybe we have )rds from 2007 that would how much you did pay able to tell us too. Q. Well. I'll ask her that, Jut l?m asking you right now. A. Certainty we should have the bank records. Q. At the conclusion ottl residential job for m-melwaH Golisano - Examination by Mr. Rothenberg 2007 do you remember Norma giving you bill a bill or more than one bill? A. I have no idea. Q. And you have no recoliection of whether you paid Norma For the time that she spent as opposed to the goods? A. [have no idea. Q. Were you satis?ed with the work that Norma did for you on the Rochester home in 2007? A. Yes. Q. And there came strike that. Did there come a time a couple years later when you engaged Norma a second time for a smaller job on your Rochester home? A. I think she did a couple things like window shades and maybe some artwork, but it was nothing signi?cant that I remember. Q. And you went back to her among other reasons because you had been satis?ed with the work that she did in 200?, correct? A. Correct. Q. Do you have -- other than what you just told me do you haVe any further recollection about the scope strike that. B. T. Golisano - Examination by Mr. Rothenberg How many years passed between the ?rst engagement for the Rochester home and the second engagement? A. It would only be a guess. [would say a couple years. Q. And would it be fair to say that one ofthe reasons that you went back to Norma Goldman a couple years after the ?rstjob was that you were satisfied with the work she did on the ?rstjob? A. Yes, as I?ve said that before. Q. And do you have any recollection ofthe billing arrangement for the second residentialjob? A. have none. Q. Would you quarrel with me it?I told you that you were billed for Norma's time plus the goods for both of the residential jobs? A. I have no basis to quarrel with you becausel don't know. Q. Do you have any recollection ofthe totai amount ofdollars that were involved in the second residential job? A. i would only be guessing. It was less than $10,000. That?s a wild guess. Q. After the conclusion oFtlie second residential job and before you bought the Laurel, did you on any (585) COMPUTER REPORTING SERVICE 325?3170 mquwaiGolisano - Examination by Mr. Rothenberg occasion and For any purpose speak to any of the three defendants? A. Well, I don't believe I ever spoke to Vitoch people and the only time I would have taiked to Norma is if] saw her on the street oir at a social occasion. Q. So between the end of the second residential job and the purchase of the Laurel you would have had . . no occasron to talk to Norma Goldman for any bus1ness purpose, correct? A. Correct. Q. Would it be fair to say that by the time you purchased the Laurel you still remained satisfied with the work that Norma had done for the first two residential jobs? A. Yes. Q. Did there come a time when you purchased a yacht called the MY Laurel? A. What was the question? Q. The question was -- you know. i don't know how yachts are named, saw this hing and it's called A. lgot that part, but I didn't understand the question. Q. Did there come a time you bought the Laurel? A. Yeah. ch,.I bought he Laurel. 30 B. T. Golisano Examination by Mr. Rothenberg Q. And I saw some designation somewhere, Laurel"? A. It stands for Motor Yacht. Q. Motor Yacht Laurel? A. Versus sailboat. Q. Got it. Okay. There we go. When did you purchase the Laurel? A. I don't know, two years ago. Q. Well, two years ago A. '13. Q. -- would be Decembzr ol?2013. A. It was probably can lier than that. 1 think it was in the summertime. Q. And A. I think it was '13. I'm not sure. Q. When you purchasec the Laurel was it brand-new or previously owned? A. Previously owned. Q. What was the price you paid for it? A. None of your business. Q. Well. think it is my business. A. Wetl, I m- MR. PEZZULO: with Tom on this one. avid, I'm going to agree (?wal??Okom?mmwai??OKD mewMi?iommumm?le?Iom 31 B. T. Golisano - Examination by Mr. Rothenberg MR. ROTHENBERG: Okay. The uniform ruies say -- listen, 1 can't make the witness answer. The uniform rules say that the objections that we observe here are either privileged or the form of the question, not relevance, but if you're not going to answer, you're not going to answer. l'll move on -- THE WITNESS: Thank you. MR. ROTHENBERG: but i'm going to make an application to get you to answer the question. MR. PEZZULO: And ifthe court tells us to, we will, but ljust feel uncomfortable having Tom disciose the purchase price of the Laurel. BY MR. ROTHENBERG: Q. Ail right. Describe the boat to me. A. It's a motor yacht, 240 feet by 40 feet wide. It has multiple levels. It has twin engines. It has a cruising distance of about 4,000 miles. Q. How many staterooms? A. Five plus the owner's suite. Q. And what is the size ofthe crew when the A. Around 20. Q. Hold on a second. When the boat is under sail what is the size ofthe crew? 32 B. T. Golisano - Examination by Mr. Rothenberg A. 20. Q. in terms ot" the names of people, because there were many occasions on which Ms. Goldman dealt with your strike that. The peopie that work on the Laurel, are they your employees? A. Yes. Q. And Ms. Goldman had many occasions on which to deal directly with them, so i want to identify a bunch of them for the record. Who is the captain of the Laurel? A. Mark Diekman, D?i-e-k?m-a?n. Q. And has he been the captain ever since its purchase in sometime in 2013? A. Yes. Q. Who is the purser for the Laurel? A. Her ?rst name is Dauphine. I really don't know her last name. Q. Dalphine, D?a?l-p-h-i-n-e? A. Something like that. Q. D-aar-p?h-i-n?e? A. Yeah, I think so. Q. And the chief steward for the Laurel, who IS COMPUTER REPORTING SERVICE (585) 325?3170 UTA-Dawl?dlmGolisano - Examinttion by Mr. Rothenberg A. Her name is Melanie and I don't know her last name either. Q. The two women who are the purser and the chief steward, have they served in that capacity ever since the Laurel was purchased in 2013? A. Yes. Although they are no longer there now. Q. Since when? A. Since the beginning maybe springtime. Q. Springtime of20 5 they ceased A. Yeah. MR. PEZZULO: Hold on. Hold on. .lust to correct it MR. ROTHENBERG: Do you want me to step out? MR. PEZZULO: No, no, no. Off the record. (Discussion held off the record.) BY MR. ROTHENBERG: Q. So to clarify the record, the woman who served as the purser, Dauphine, and the woman who served as the chief steward, Melanie, tiey served as the chief steward from the acquisition of the purchase until sometime in the fall of2015' A. Correct. We knew i 1 the spring they were leaving though. That's why I kind of?- 34 B. T. Golisano ation by Mr. MR. PEZZULO: ay. BY R. Q. Now, there came a tilqe when the Laurel was refurbished alter your acquis'tion, correct? A. Are you talking mechanically or decoratively? Q. I'm talking decorativer A. Yeah. Norma did it. Q. And during the time ti at it was being refurbished did you designate employees to act on your behalf in connection with that work? A. Did I designate themi? I certainly allowod it becausa I'm here and they'p: on the boat and certainly they Norma needed somebody to communicate with. Q. And insofar as Norma communicated with the captain. was the captain authorized to deal with Norma about issues that were arising during the refurbishment? A. Yeah, issues that had to do with function, but not price. Q. And insofar as she dea It with the parser or with the chief steward, were hey also authorized to act on your behalf with respect to function or appearance or something of iat nature other than price? 35 1 B. T. Golisano Examination by Mr. Rothenberg 2 MR. PEZZULO: Object to the form, 3 "something" -- 4 MR. ROTH ENBERG: That was a bad question. 5 I'm going to rephrase that question. 6 BY MR. ROTHENBERG: 7 Q. Insofar as Norma dealt with the purser or the 8 chief steward about matters other than price, were 9 those individuals authorized to act on your behalf? 10 A. First of all, the chief steward, in my 1 1 opinion, had very little to do with this. it was 12 mainly the purser and Mark. 13 Now, I still am not clear on what you're asking me 14 about what authorized them to do. Did I authorize 15 them to give her dimensions, did I authorize them to 6 make sure things worked? Yeah. 7 Q. That's what 18 A. They were there and [wasn't, so absolutely 9 they had to do that. 2 Q. They were there, "they" being the captain 2 1 A. And the purser. 2 2 Q. -- and the purser were on the boat or at the 2 3 boat throughout the time it was refurbished, correct? 2 4 A. Not all the time, but most ofthe time. 2 5 Q. And insofar as questions arose and Norma dealt 3 6 1 B. T. Golisano Examination by Mr. Rothenberg 2 with those two individuals on matters other than price, 3 those two individuals were authorized to act on your 4 behalf, correct? 5 A. Correct. 6 Off the record. 7 (Discussion held offthe record.) 8 MR. ROTHENBERG: Let's mark this as 2. 9 don't have any c0pies of this. 10 (Exhibit No. 2 photos of Laurel - marked for 1 1 identification.) 12 BY MR. ROTHENBERG: 13 Q. Mr. Golisano, I'm handng you what's been 1 4 produced by your lawyers and marked today as Exhibit 2. 1 5 Can you identify that as a package containing a bunch 6 of pictures of the Laurel? 17 A. Sure. Absolutely. 8 Q. Okay. So ifyou take a look in the upper 9 right-hand corner, I put a letter in red ink on each 20 page. See that? 21 A. Uhm~uhm. 2 2 Q. You need to vocalize, sir. 23 A. Yeswant you to do is go through this 2 5 quickly. I don't need detailed descriptions, but when (585) COMPUTER REPORTING SERVICE 325m3170 10 37 B. T. Ciolisano Examination by Mr. Rothenberg a picture depicts a room or a location just tell us for the record what page designated by letter corresponds to what room. A. Well, A is the exterio main salon. is the main 5 room, interior dining room second ?oor family room. ofthe boat. is the aion. is the dining is the, I call it the t?s not a real good de?nition. is that same room. Q. The second floor fami A. Yeah. is the same room? room. is the card room. I is the iibrary. is the master bedroom. is the master bedroom. i, the library not library, of?ce. MR. PEZZULO: No, go back. Of?ce to the master bedroom? THE WITNESS: Yeah. Yeah. MR. PEZZULO: 01 THE WITNESS: (ay. is the master bathroom. is the master bedroom's outd )or balconies. is the same thing. is the stairway BY MR. ROTHENBERG: between levels. Q. Let me interrupt you tor one second. How many levels on this seat for guests or yourself as opposed to for the crew? B. T. Golisano - Examinition by Mr. Rothenberg A. Well, there's bedroo as, there's other rooms that are for the guests Q. Correct. A. like library and .you want those? .. I That 5 what I mean, yes. Q. A. For the guests, one, two four floors. Q. Okay. Fair enough. MR. PEZZULO: W0, 1 think the stairway is three lioors, the stairway yet THE WITNESS: the ?rst ?oor, the l?amily roor upper deck For sunning. Sot 're looking at. 0. You got the get suites, n. library and then the here's four ?oors. MR. PEZZULO: Okay. THE Wi'iN ESS: is the stairway between the internal floors. is the hallway between the guest suites. 8 is one ot?the guest suites and bathroom inl BY MR. ROTHENBERG: one ot?the guest suites. Q. T, and being guest suites? A. Correct. is a suite bathroom. is another suite. is a bathroom for one of those suites. is a combination ofa masseuse room and bedroom. gym. is a lounge areaGolisano Examination by Mr. Q. Hold on a second. You're talking double B, doubie A. Yeah. CC is the lounge area on the top deck. DD is a spa, hot tub. EE is a sunning area and the upper level. FF is the same sunning level. CC is a ?rst ?oor iounge area -- I'm sorry, second floor lounge area. If the crew -- if the guest suites are leVeI one, this is level two. is the same area. It is the second level lounge area and dining area. JJ is an outdoor walkway. KK is the bridge room. That's where the captain works. LL is part of the galley. MM is storage for the galley. NN is must be a guest suite. I don't recognize this. Anyway, must be a guest suite. 00 is the ?shing and swimming platform off the back ofthe boat. PP is a picture ol?a tender which is a small boat that's parked in the tower level ofthc boat in the garage. QQ is the front bow ofthe boat where the anchors and so forth are operated from. RR is an orerhead picture ofthe boat, the front hail". SS is a picture from the haiiway looking into the second floor family room. TT is a picture of the 40 B. T. Golisano Examination by Mr. Rothenberg boat, the exterior, and UU is a picture of the boat from above. Q. Do those photos in Exhibit 2 depict the condition of the Laurel before or after the refurbishment which gave rise to this lawsuit? A. That?s a good question. De?nitely before. Q. Okay. Fair enough. A. Do you want me to check every page on that though? Q. No, no, you do not. is the construction of the Laurel, however, as opposed to its interior design and decoration, the same today as is depicted in Exhibit 2? A. The construction? Q. Yes. I mean. ifit was a house, were walls moved -- A. it's basically the same. Q. That's my question. Okay. Because earlier when I asked you it work was done you asked me whether i was talking about decorative or other work, correct? A. Correct. Q. So you did some kind of, quote, other work Double A is one of the sliite's bathrooms. is a COMPUTER REPORTING SERVICE 325-317 0 (585) co?JowLnaUJNlGolisano - Examinatidn by Mr. Rothenberg alter you bought the Laurel; is that right? A. Yeah. Yachts have to go through a mechanical overview where the boat comics out ofthe water and special engineers and technicians check it out and that's a ten year deal and thal happened a couple years ago. Q. But are We talking abouti -- there we're talking about matters ol? sea worthiness and how the engine operates and alt that stulif?? A. Correct. Yeah. All mechanical. Q. Did there come a time, ler. Golisano, when you contacted any ot? the three defendants about doing design or decoration work for the Laurel? A. I must have, yes. I invited Norma, and in this case her husband, to come and see the boat and asked her il'she was interested in this kind of project. Q. And I take it from your answer that you, sir, were the one who initiated this loontaet? Q. Do you recall how you contacted her? A. Sure. A. I called her on the phone. . Q. Fair enough. 5 i . . And you remember when oxyapproxnnately when you did B. T. Golisano - Examinatiion by Mr. Rothenberg that? A. I think it would have been something like November of -- Q. 2013? A. '13. Q. And what do you recallI saying to Norma and what do you recall her saying to you in your ?rst conversation? i A. I invited her to come and see the boat, see if she was interested in the prdjeet and she said yeah, she'd come and look at it. Q. At any time after the adquisition of the Laurel and before you contacted Norma Goldman had you contacted any other interior decorators or designers about doing the same kind of work? A. No. i Q. So she was the only one you contacted about doing interior design and decdration work? A. Correct. Q. Did there come a time when Norma came and visited the Laurel and met with you at that time? A. Yes. I just said that. i Q. understand that. "ecatl about her lirst And tell me what you can Golisano Examination by Mr. Rothenberg visit to the Laurel. A. Her husband Loren came with her. We gave them a tour ofthe boatthink probably the captain and the parser. Somebody did. probably walked around with her too. Q. Well, let me ask it this way: Do you haVe a recollection of who was with you when you showed her around the boat? A. No. I?m not even sure I showed her around, but she got shown around. Q. Well, tell me then let me start again. Tell me what you do recall about the ?rst visit to the Laurel by Norma Goldman. You said she came with her husband Loren. A. Yeah. Q. What else do you remember? A. They looked around the boat. She looked at almost every room as far as I know. She kind of talked to me about, you know, ideas, designs, colors, stuff like that, ill remember right. We had dinner. I invited them to stay overnight on the boat. They stayed overnight on the boat and they left in the morning. 44 B. T. Golisano Examination by Mr. Rothenberg Q. Do you recall whether Norma did any work in the nature of taking measurements or taking photos or taking video A. I think Norma took a lot ofpietures. Q. Do you have any recoltection of her activity other than that? A. Other than taking pictures? She might have made some notes. I don't know. Q. Well, I'm asking you about your recollection. A. I don?t remember her writing things, but I do remember her taking a lot of pictures. Q. And do you recall whether any of your crew, particularly either your captain or your pul'ser, took her on a detailed A. I'm quite sure they were with her when we gave her the tour. Q. What is your recollection about how long the tour lasted? A. Oh, I'd say at least a couple hours. Q. Do you have a recollection ot?the date on which this A. I have no idea. Q. IF I were to say to you that -- strike that. Would you quarrel with November 7 as the date on (585) i i COMPUTER REPORTING SERVICE 325?3170 12 m?mmewaimummawmw 45 B. T. Golisano - Examination by Mr. Rothenberg which this tour occurred? A. I'd say that's pretty close because I think it was in the fall ot'thatyear. Q. Fair enough. Where was the boat at the time? A. Rybovieh Marina. MR. PEZZULO: Spell that For her. THE WITNESS: R?y?b-o-v-i-e?h, Marina, Palm Beach, Florida -- West Palm Beach, Florida. av MR. ROTHENBERG: Q. Is my terminology correct il? 1 say the boat was moored at that -- i A. Doekcd. 1 Q. Docked. Okayboat person. you have any recollection of whether you showed Norma a second boat called the Match Point? A. I owned a second boat called the Match Point, but I don't know if it was docked there or not. It may have been. I don't know. lldon't remember. Q. Do you remember whether -- strike that. Had you owned the Match: Point before you owned the Laurel? 4 6 B. T. Golisano - Bxaminajtion by Mr. Rothenberg A. Correct. Q. And had the Match Pdint been decorated consistent with your taste and likes? A. I bought the Match Point as is and did nothing to redecorate it. i Q. So then you would not have showed her the Match Point to show her your -- A. No. Q. Hold on. Hold on. Please. Just be patient. You would not have showed her the Match Point to have shown her your preferences in taste and aesthetics t?or interior decor, correct? A. ldon't think so. 1 Q. At the time that -- A. Go ahead. Q. Well, I'll wait. That'sjokay. A. No. lean hear your:question and look at my stock prices. It's all right. 'l'm a sophisticated businessman. Q. Okay. I'm glad you conceded that for the record. At the time ofthe first visit in November 20 I 3 did you discuss with Norma Goljdman the scope ofwork for which you perhaps wanted to engageGolisano - Examination by Mr. Rothenberg A. What do you mean by scope, the amount ol'work, the dollar amount, what? Q. No, not dollar, the extent ofthe work. In other words, did you tell her, "Norma, lwant new bedding. Norma, 1 want you to redo the kitchen," or "Norma, let's do this From top to bottom"? A. Basically, yes. Q. Okay. So what was the scope of work you discussed with her? A. By room? Q. the extent. I mean, you interrupted me and so I didn't get to finish my question - that's one ot?our issues here - but was the scope of work essentially to redeeorate the Laurel From top to bottom? A. I would not use the term "top to bottom," but it was a signi?cant amount of work. Q. Did it include the four floors that you told me about earlier where guests have access when they're on the Laurel? A. it probably involved all four ?oors, but not completely the entire l?loor. Q. Not every square foot ot?eVery ?oor? A. Except maybe the master I'm sorry, the 48 B. T. Golisano - Examination by Mr. Rothenberg guest suites, but I'd have to cheek and see if We touched everything there. Q. Okay. I didn't understand the end of that. Are you saying that you think she did do the guest suites from A to A. No, she didn't because I know she didn't touch any ofthe bathrooms. Q. Okay. A. 80 it was basically bedding, wall covering, carpeting. Q. For the guest suites? A. Correct. Q. And for the other ?oors? A. In the main salon I'll try to go floor by ?oor. In the main salon it was some chairs, carpeting and tables and the big huge coffee tables all were the same. All the wall decorations were the same. In the dining room, a couple lamps. In the master suite, new carpeting, new wall coverings, new bedding. In the office library, new couch. In the bathrooms, nothing. In the balconies, nothing. On the next floor up, on the exterior, all those lounge chairs that you saw in the pictures, the blue and white ones, they were all changed. The chairs at COMPUTER REPORTING SERVICE (585) 325*3170 13 mamma?aommummawMI?tow 49 B. T. Golisano Examination by Mr. Rothenberg the dining table on the seconkl floor. The lounge couches in whjatl call the family room were changed, but the dining table and the ?oors, none of that was affected. I Oh, there was $10,000 draperies in that room. remember that. That's a little sarcasm. On the third ?oor, new carpeting and new chair covers in the card room, in the or in the bathing areas -- the sun and bathing areas. Q. Okay. The scope included outdoor Furniture on at least one ol? the Floors, correct, or levels? A. Actually three levels, Outdoor furniture on three levels. Q. Okay. And carpeting on more than one level, correct? 1 A. Yes, but not the whole: level again. Q. Understood. A. Okay. Q. And does the Laurel have a lot oF built-in Furniture? A. What do you mean bybuilt-in furniture? It has a lot of cupboards. Q. Well, I understand that,but like tables, are there tables and other items of. Furniture that might be B. T. Golisano - Examination by Mr. Rothenberg in a house just freestanding pieces, but are kind oF nailed down on the boat, if you know? A. Yeah, l'm not sure I know. I know there are some end tables in the main salon that are nailed down. They have to be because of the boat shifting. Q. That would make sense to me. Correct. A. Yeah. Q. And other than end tables, do you know about A. There is not much else of that though. Q. Okay. You do recall that part ofthe scope of work included draperies, right? A. Oh, yeah. Oh, yes. Q. And did the scope also include wall coverings A. Yes. Q. in some ol?the rooms? A. Correct. Q. When you say re?upholster, did that include buying new Fabric For many pieces oF Furniture; is that correct? A. Correct. And the labor they haven?t done. Q. So purchase the Fabric and install the Fabric also, correct? 50 25 51 B. T. Golisano - Examination by Mr. Rothenberg A. Yes. Q. You mentioned a couple oflamps, is that correct, if you recall? A. Yeah, there Were a couple lamps i think in the dining room. Q. How about artwork, was artwork part of this project? A. There was some artwork, yes. Q. Now, at the First meeting, the November 2013 meeting where Norma attended with her husband Loren, did you talk prices with Norma at that meeting? A. Not thatl remember. Q. Did she show you an estimate or a quote at that meeting? A. She couldn't have, not having been therefor two hours. So the answer is no. Q. Did she show you any samples or anything like that? A. Not that I remember. Q. Would it be Fair to say, Mr. Golisano, that this ?rst meeting was for Norma to view the boat and get an idea ofwhat might need to be done so she could show you later on? A. That was exactly the idea. 52 B. T. Gotisano Examination by Mr. Rothenberg Q. Fair enough. Do you have, as you sit here today, a speci?c recollection of any conversations you had with her during this ?rst visit about thejob 0F redecorating?? A. Would you repeat that? That's all we talked about. I don't understand your question. Q. Well, I mean -- okay. l'm trying to exclude social conversation or conversation about, you know, the Bills' football season or anything like that. in terms oftalking about thejob for which you were engaging her, do you have a recollection as you sit here today of any speci?c conversations. know you said you talked to her. l'm asking you ifyou can remember speci?catly what did you say to her, what did she say to you. A. Basically it was allowing her the opportunity to inspect the boat. l?m sure a lot of ideas came into her head and she said she would go back and put a package together. Q. But other than those general recollections about the visit do you have a Further recollection of any specific conversation? A. No. COMPUTER REPORTING SERVICE 325?3 17 (585) OOQOWUTDUJNH 12Golisano - Examination by Mr. Rothenberg A. Yes. Q. What did you say to her and what did she say to you about that topic? A. The boat was scheduled to go to Europe, summertime, and we hoped we couid get the project done by that time. Q. Meaning the summer of2014? A. Correct. Q. And do you remember the specific date on which I it was scheduied to sale? A. I could only guess that it was early June. Q. Did Norma say anything to you along the lines ofthat it would, from her perspective, be a rushjob because ofthe scope ofthejob? A. A rushjob? Q. Yes. A. 1 think she indicated that there was a level of pressure to get it done. Q. Did you have discussion with Norma Goldman at the Second meeting, the meeting that occurred at the Napies residence, about pricing? A. Absolutely. Q. And what is your recollection ofthe conversation you had with Norma about pricing at the 5 3 B. Golisano - Examination by Mr. Rothenberg 1 Q. Do you recall that there came a time not long 2 thereafter when Norma Goldman met with you at your home 3 in Naples, Florida? 4 A. Absolutely. 5 Q. I'm going to call that the second meeting. 6 A. I believe it was. 7 Q. Between the first meeting and the second 8 meeting did you speak to Norma by telephone? 9 A. Probably, although I cannot remember a 10 specific conversation. 1 1 Q. Okay. 12 A. But I'm sure she had questions and -- 13 Q. But as you sit here today you don?t have any 14 recollection of the content of these conversations 15 between the first meeting and the second meeting? 1 6 A. lfthey happened, no, don't have any. 17 Q. So at the strike that. 1 8 The second meeting that occurred at your Naples 1 9 residence, do you recall whether that was in early 2 0 December 20 3? 2 1 A. lbeiieve it was. 22 Q. And who was present at the second meeting? 2 3 A. Captain Mark Diekman, my wife Monica Seles and 2 4 myselfGolisano a Examination by Mr. Rothenberg 1 Q. And Norma Goldman? 2 A. And Norma. 3 Q. Did Norma bring anything to Show you at the 4 second meeting? 5 A. She brought tons of samples. 6 Q. Fair enough. 7 Carpeting samples? 8 A. Yup. 9 Q. Fabric samples? 10 A. Yes. 11 Q. Photos ol? lurniture? 1 2 A. i don't remember that, but I wouldn't be 13 surprised. 14 Q. Other than carpeting samples you told me 15 ?tons ot'samples.? So other than carpeting samples and 5 Fabric samples do you remember anything else that she 7 brought? 1 8 A. What else would there be? 1 9 Q. I?m asking you. 2 A. And I'm asking you what else would there be. 2 1 I can?t think of anything. . 2 2 Q. Did you have discussion -- during the second 2 3 meeting did you have discussion with Norma Goldman 24 about the time frame for this particular job? 2 5 B. T. Golisano Examination by Mr. Rothenberg second meeting? A. Okay. There were two parts to it. The first one, I believe that's when she gave me an estimate of what the total cost would be and it was around 750 to 800,000. [said okay. New, Norma -- the second part of the question was, "Norma, how are you going to charge me?" She says, ?l'il charge you $140 an hour," and I said, "There'll be no kickbacks from manufacturers or She said, "No. I'll share all of the discounts with you." That's what she said. Q. And did she say that in the presence of anybody other than yourSeif?? A. Monica and Mark were there and they hea rd it. Q. Okay. Fair enough. I?m going to show you some documents later, but and we?re going to taik about another meeting, but do you recall in December of20l3 that there was a meeting at your Rochester home at which time money exchanged hands? A. I don't recall that. The only thing I. can think of is we came up for the holiday and that's when the meeting happened, but 1 don?t remember the meeting. Q. Let me do it this way: Do you recall there COMPUTER REPORTING SERVICE 325-317 0 (585) 15 57 B. T. Golisano - Examination by Mr. Rothenberg came a time when you delivered certain checks to Norma for deposits? A. Certainly we did. Q. Anti l'm going to get into the details -- A. You asked about the time. I have no idea when those dates were, but I know we did. Q. l'm going to ask it this way: ls it your present recollection that the deposit checks were paid during the second meeting at your Naples home? A. 1 don't think so. Q. Fair enough. Do you believe, however, that Norma Goldman showed you written price estimates at the meeting at the Naples borne? A. I think that's when she showed me an idea of the eyerall budget, Yeah. Q. Do you recall any conversation at any ol? these meetings with Norma where she said to you something along the lines of she would attempt to buy carpeting direct from mills as opposed to showrooms? A. I don?t remember that at all. Q. Do you remember anything else about -- strike that. Do you remember anything else being said at the B. T. Golisano - Examination by Mr. Rothenberg second meeting, the meeting at your Naples home? A. Well, i remember she showed us the small swatch ot'carpeting that ended up in that family room that looks like vaginas, but it was a swatch that big and you couldn?t tell what the design was. i remember that for sure. The conversation about her charges to me, obviously if you try to compare this to the ?rstjob in Mention in my Rochester residence, they?re two different worlds. I knew this was a major-job on the boat and that's why I wanted clari?cation on what the fees were and i know in this industry they do get kickbacks and that's why I was very clear to her about the fact that that wasn't going to happen in this case, it shouldn't happen and 1 would be glad to pay her the hourly fee whatever it was, and as far as I'm concerned] had an agreement to that. Q. And you're con?dent that this -- strike that. it's your present recollection that this conversation occurred at the secoml meeting, the meeting at the Naples home? A. Absolutely. Q. I'm going to show you a document nowmawmr?Iommuomwar?row 59 B. T. Golisano Examination by Mr. Rothenberg going to have to number a bunch ofdocuments so they don't get goofed up here and out of order, but I want to explore the timing, and so I want to -- MR. PEZZULO: Want to take ?ve minutes? MR. ROTHENBERG: Two minutes, ?ve minutes, whatever. Yeah. (Recess taken.) (Exhibit No. 3 carpeting estimate - marked for identi?cation.) (Exhibit No. 4 list of checks - marked for identi?cation.) (Exhibit No. 5 Estimate for Mr. Torn Golisano, the Laurel marked for identification.) (Exhibit No. 5A - handwritten letter From N. Goidrnan to T. Golisano with attached estimate - marked for identification.) BY MR. ROTHENBERG: Q. I want to get out of order here l?or'just a mimrte to see ifwe can't get A. Out of order, meaning, out ofyour order, not out oforder? Q. No. Correct. Out of the order that intended in which to proceed simply to try to sort out some dates here. 60 B. T. Golisano Examination by Mr. Rothenberg So I'm going to hand you what's been marked for identification as Deposition 4 and I'm just showing you that at the present time. We?re going to come back and talk about this in greater detail, but i'm just showing you to this about dates. 80 ?rst otall, can you identify this document? A. It looks like a recap ofthe checks we wrote. Q. Can you recognize the handwriting on this document? A. The only one I recognize is the 12/18/13, Vitoch, 175,000, Total 786,000. That is my writing. Q. Fair enough. And just to help me out a little bit, over on the right there's or something that appears severai times. Do you see that, upper right? There's handwriting you know if that reference there talks about a check number from a personal account in the name ot? Tom Golisano? A. Yeah. We established through conversation yesterday that we wrote some of the checks from the family office, not me personally, but the checks were written from the family of?ce and two were written COMPUTER REPORTING SERVICE (585) 325?3170 i . l6 61 B. T. Golisauo - Examination by Mr. Rothenberg from the Laurel bank account. Q. Okay, So the Laurel itselfhas its own bank account, correct? A. Absolutely. Q. And that's what you call the Family of?ce? A. Yes. Q. So can you see that From this Exhibit 4, your own handwriting. you indicate that something occurred on December i8 ot'2013? Do you see that? A. Yes. Q. And in tact, according to this exhibit there are two transactions or entries that relate directly to December 18 ol?20i3? A. Correct. Q. Okay. Do you remember whether there was a meeting at your Rochester home on that day. December 18th? A. I have no idea. It's possible because it's Christmas week and was probably in town. but i don't remember at all. Q. All right. So we'll circle back to that in a minute. B. T. Golisano Examination by Mr. Rothenberg After the meeting at Naples what is your recollection about the next occasion on which you had any conversation with Norma Goldman? A. I can't recall. i'm sure we had some phone conversations. Q. ask it a different way. Alter the meeting at your Naples residence what is your recollection about the next occasion on which you met with Norma Goldman? A. That probably or may have been the meeting that we had on the boat, on Laurel, about the deck furniture. \?Ye came to see the boat and see what work had been done and one ofthe things that stood out like a sore thumb was the deck furniture that was ordered and delivered and it came in totally the wrong color and a color that absoiutely con tlicted with the rest of the decor. Q. We're going to catch up with that later on. A. Okay. That was the meeting i think was the next meeting. Q. As you sit here today, sir, do you have any recollection ol?any face to face meetings with Norma Goldman between the meeting in Naples and the time that OOQOWUTIJLLAJNH ummemeOm 24 25 63 B. T. Goiisano - Examination by Mr. Rothenberg you met on the boat about the outdoor thrniture? A. No, I don't remember. Q. I'm going to hand you a document that we've marked for identi?cation as Deposition 3. Can you identify Deposition 3, sir? A. Well, it's de?nitely about carpets. MR. PEZZULO: David,just for my own edi?cation, this is from the documents 1 provided to you or is this Norma?s handwriting? I'm not sure. MR. This is de?nitely Norma's handwriting. i can't remember anymore. MR. PEZZULO: That's tine. MR. ROTHENBERG: In my need to prepare quickly I kind of tore everything apart and i can't reconstruct what you guys produced. MR. PEZZULO: it looks somewhat familiar, but not really familiar. Okay. That's de?nitely Norma?s handwriting. MR. ROTHENBERG: I will represent that Exhibit 3 is Norma Goldman?s handwriting. THE WITNESS: I don't remember seeing this document at alt, but I don't see why i would remember. BY MR. ROTHENBERG: Q. Okay. Just leave it in front ot?you for the 64 B. T. Golisano - Examination by Mr. Rothenberg time being. I'm handing you again Exhibit 4 which purports to be a listing of several checks and what i want you to do is to take a look at Exhibit 3 and in the right?hand column do you see a subtotai number ot?79,556? A. Yeah. Q. All right. And looking at Exhibit 4 do you see an entry relating to a $40,000 check for December l8, 20i3? A. Yeah. Q. Did there come a time, Mr. Golisano, when you gave Norma Goldman one or more checks as a deposit for beginning the work on the Laurel? A. I'm sure we did. She asked for it. Q. Tell me as you sit here today what you recall about Norma asking for a deposit A. "Tom, I need a check for $200,000." "Okay. You got it.? That's what it was. I don't remember seeing this document, and if you are trying to appiy these checks to something like this, I don't see the connection. I mean, I don't remember a connection. Q. We'll get to the connection in a second. Your recoilection is that she asked you for a COMPUTER REPORTING SERVICE 325?317 0 (585) . Golisano Examination by Mr. $200,000 deposit; is that correct? A. I picked that number out of the air. Obviously these are the amounts she asked for. Q. Okay. Hang on. I don't want you to pick numbers out of the air. I want you to tell me -- A. Well, it's been years that this happened. Q. Slow down. Please. Listen. I'm sorry. I got to keep you reminding you tojust be patient. Okay? A. It's difficult being patient when I think a lot of this is bull crap. Q. I don't care -- A What I think? Q. what you think about it. A. Okay. Well -- Q. I'm sorry. A. I care about what I think about this process. Q. You are the guy who started the lawsuit. I didn't A. Yes. l'm the one that got screwed. Q. Well, no. We're going to rephrase it differently. We're here about a lawsuit. You began the lawsuit. 9 66 B. T. Golisano Examination by Mr. Rothenberg A. This woman made 400,000 on this project and it's a shame. Q. Okay. l'm going to start again. What I need you to do so that we A. All right. Could you tone your voice down a little? I don't know if you know, your voice is a very abrasive. In your effort to become direct and enunciate directly you're very abrasive. Slow (Iowa. Take it easy. Q. am taking it very easy. A. No, you're not. You're very forceful. Q. No. Listen. I will confess that I'm not a quiet individual. Okay? A. Good. l'm glad you recognize that. Q. I have a loud voice. I began trying cases in this town -- A. After an hour and a hall'ol'sitting through this and we're nowhere. We haven't even gotten hardly to the crux of the matter. You're building all this background material for which I have no reason there's oniy one question: Did we have an oral contract for the amount that she Golisano Examination by Mr. Rothenberg was going to charge or not and the answer is yes. Q. Okay. Listen. So your lawyer can handle the case in that fashion if that's the way he wants to handle it. That's not how l'm handling this case. A. Okay. I'm just letting you know how I feel. MR. PEZZULO: David, can you ask the next question? THE WITNESS: Yeah. Go on to the next question. MR. ROTIWIENBERG: Okay. I'm happy to do that. That's what I've been doing, but if we're going to have dialogue -- THE WITNESS: Slow -- soften your voice, will you? MR. ROTHENBERG: Okay. THE WITNESS: Thank you. MR. ROTHENBERG: I will attempt to do that and I can - THE WITNESS: Thank you. MR. I'm just trying to say that when I began trying cases in this towa I tried cases in front of Harold Burke who your lawyer can tell you was deaf. TI-IE WITNESS: So that's the basis. 68 B. T. Golisano - Examination by Mr. Rothenberg MR. ROTHENBERG: And so I learned from the inception of my career to make sure everybody heard me. So if I'm talking too loud, I apologize. It's entirely inadvertent. It's probably at this point just part of my personality, but if I do that to the extent that it bugs you, you just remind me -- THE WITNESS: [just did. MR. ROTHENBERG: -- and I'll tone it down. THE WITNESS: Thank you. BY MR. ROTHENBERG: Q. Fair enough. Okay. So let's come back to this deposit. Tell me what you can recall specifically, not kind of hypothetically in terms of numbers, but what can you remember speci?cally about her asking for a deposit? A. Norma would call me up on the telephone and say, "Tom, I need a check," and I would say, "How much," and she'd tell me and I would have the family of?ce send her a check. Q. Is it your recollection that the first deposits were requested in a telephone call as opposed to a face to face meeting? A. I have no idea. Q. Okay. So here, you told me you could see no COMPUTER REPORTING SERVICE 325?3170 (585) l8 bmeomooumwwai?IOLO 25 69 B. T. Golisano - Examination by Mr. Rothenberg connection between 3 and 4 and so what I want to do is draw your attention to this fact: The number I directed you to earlier isjust under 80 grand. Do you see that? A. Yeah, I see it. Q. That's on Exhibit 3, correct? A. Yes. Q. The subtotal of the carpeting? A. Correct. Q. And on Exhibit 4 it shows that one of the first two checks from December of 2013 was, in fact, $40,000. See that? A. Yeah. Q. Okay. And you'll agree with me that $40,000 is about 50 percent of the subtotal that appears on Exhibit 3, correct? A. Ifyou're telling me that there's a connection between this and this, yeah, 1 can't differ with you and I can't agree with you. I have no idea. Q. But all I'm asking you right now is A. 1 don't know if it's a fact or if it's just a function of consequence or coincidence. Q. So fair enough. You?re indicating that looking at 3 and 4 the first B. T. Golisano - Examination by Mr. Rothenberg time around it could be a coincidence or there could be a relationship between the two, correct? A. guess. Q. So hang on to these for a second. What recollection do you have if any of how the first deposit checks were actually delivered? A. None. Q. Now. 1 want to show you a different document. one that we have marked Exhibit 5. I want you to take a minute to look that over. A. Okay. Q. I will represent to you that this exhibit aiso. Exhibit 5. is in Norma Goldman's handwriting. Can you identify Exhibit 5, Mr. Golisano? A. I don't think I've ever seen this before. Q. Do you have any recollection ot?Norma Goldman showing you the original of Exhibit 5 at any time? A. You mean this document? Q. The document that's marked Exhibit 5. A. The original. Okay. No, I don't remember ever seeing this document. Q. So what I want you to do is take a look at the last page of Exhibit 5, and do you see some numbers at the top ot'Exhibit 5 on the last page? 70 mawMHoqumm-nwmi?Aom 7 B. T. Golisano - Examination by Mr. Rothenberg A. These? Q. Yes. A. Yes. Q. Do you see a number that's 347,109? A. Correct. Q. And that's approximately $350,000, right? A. Yes. Q. Now, go back to Exhibit 4 and tell me, what was the amount of the other check that was written on December 18, 2013? A. Don't you know? It's 240,000. Is that the one you're asking about? Q. No. You're not paying attention. A. 240,000 oh, 125 or 175 175. Q. Okay. And would you agree with me, Mr. Golisano, that 175,000 is approximately 50 percent of the number that appears on the last page of Exhibit 5? A. Yes, but then again I don't understand the connection. Q. So do you have any recollection -- strike that. You do recail that Norma Goldman requested some kind ot?a deposit before the work began, correct? B. T. Golisano Examination by Mr. Rothenberg A. Generally, yes. Q. Do you recall Norma saying to you anything about paying 50 percent other estimates in terms of-? A. No, I don't remember that. Q. -- in terms ofa deposit? Would you agree with me, Mr. Golisano, that as of December 18, 2013 the day on which the first entries on Exhibit strike that. That was awkward. The earliest dates that appear on Exhibit 4 -- l'm stilt too loud for you? A. Soften your voice please. Q. I'm not going to be able to get any softer than that. A. Well, you're nice and soft right now. Q. ijust can't do it. Would you agree with me, Mr. Golisano, that the eariiest dates that appear on Exhibit 4 are December 18, 2013? A. Yes. Those are the ?rst dates that appear on this document. Q. Thank you. And would it be fair to say that by that date, DeCember 18, 2013, you had engaged Norma Goldman to do interior design and decoration work for the Laurel? COMPUTER REPORTING 32 5-317 0 (585) SERVICE 19 25 73 B. T. Golisano Examination by Mr. Rothenberg A. I assume it that date was after the meeting in Naples, yes. Q. Well A. I forgot what the date was in Naples. Q. We didn't identity the date. I think I know what the date is. but you didn't have a speci?c recollection otthe date. Let me ask a different question. Is there a document that you know of somewhere anywhere that would tell you what the date ofthat Naples meeting was? A. Probably in my calendar. Q. Do you keep a personal calendar? A. Yes. Q. i'm not going to ask you for your personal calendar, but what I'm going search your personal calendar to ?nd any entries that relate to meetings with Ms. Goldman or any ot?the other defendants and to provide those entries to Mr. Pezzulo. MR. PEZZULO: Write me a letter, David, and I'll give -- MR. ROTHENBERG: I will do that. I will follow up. (Requested material - search personal calendar for 74 B. T. Golisano Examination by Mr. Rothenberg entries re: meetings with defendants.) THE WITNESS: Did Norma give you a list? MR. ROTHENBERG: Excuse me? THE WITNESS: Did Norma give you a list of our meeting. MR. ROTHENBERG: She did. THE WITNESS: Okay. BY MR. ROTHENBERG: Q. Do you want to stipulate that Norma's recollection of when and where these meetings occurred is accurate? A. Why would do that? Q. Well, that's why i'm going to ask for your calendar. A. don't trust her with all this money why would i trust her and her calendar? Q. So that's why I'm going to ask your lawyer to produce your calendar entries. A. Sure. Whatever I got I'll be glad to give them. Q. l'm an old-fashioned guy, Mr. Golisano. carry a paper calendar with me and I write in it. Do you do that? A. Yes, I do, but I just don't carry two years Golisano - Examination by Mr. Rothenberg calendars around with me. Q. No, I get that also. And these calendars are still in existence as we sit here today, right? A. Yes. MR. PEZZULO: We will give you MR. ROTHENBERG: Yeah, will give you a written demand. THE WITNESS: A demand? MR. ROTHENBERG: That's what we call it. THE WITNESS: Oh, in business we call it a request. MR. ROTHENBERG: Well, some people call it a request for production of demands or a demand For production ot?documents. THE WITNESS: All right. Go on to the next question, as Glenn would say. BY MR. ROTHENBERG: Q. You told me earlier that it's your recollection that you had a conversation with Norma Goldman about manufacturers rebates or kickbacks, correct? A. At that meeting at my house in Naples, yes. Q. And what was your understanding, sir, ofthe 76 B. T. Golisano Examination by Mr. Rothenberg prices that she was going to charge you for goods that were supplied to the Laurel as opposed to her time? A. I understood that I would be paying the base price, the wholesale price. The price that she would be paying she was just going to transfer it over to me. That was my understanding. Q. And was it your understanding that she was going to do that without any markup whatsoever? A. Yes. Q. Now, at the time you engaged Ms. Goldman for the work on the Laurel you knew that Vitoch interiors, Ltd. would be supplying at least some ofthe goods, correct? A. I didn't know that until after we made the agreement and she asked for the ?rst check and then she explained to me that there was a division of relationship there, thati was dealing with two entities, Vitoch and her. Q. And in Fact, in December oi?2013 one ofthe two checks that was written A. That?s probably Q. One of the two checks that was written was written to Vitoch Interiors, was it not? A. Yes. And that's probably what triggered my COMPUTER REPORTING SERVICE 325?3170 (585) mxlmUls-b-WNH 25 77 B. T. Colisano - Examination by Mr. Rothenberg knowledge. or asking the question, why are they involved. Q. Okay. Let mejust digress here fora minute. A. May I talk to him for a minute? MR. PEZZULO: Sure. Off the record. (Discussion held off the record.) BY MR. Q. There came a time on December 18, 20l3 when one check was written to Norma Goldman and a second check was written to Vitoch, correct? A. Correct. Q. When you were asked to write two checks to two different entities what if anything was your reaction? A. I asked her why. Q. And what did she tell you? A. She says. ?Well, part ofthe work I do is on my cum and the other part is an employee of Vitoch." Q. And didn't you know that from the previous work she had done A. No. Q. -- at your residence? A. No.1 didn't know that. Q. Do you remember whether you wrote any checks to Vitoch for thejob that was done at your Rochester commune-cowlGolisano - Examination by Mr. Rothenberg she supply you with goods other than through her employee? MR. PEZZULO: Hold on, David. There's something about the form of that question because you're assuming that that's true or you're asking Tom if that's what you're thinking? MR. ROTHENBERG: You're right. I'll rephrase the question. BY MR. ROTHENBERG: Q. Assuming that you believed that Norma Goldman was an employee of Vitoch, what was your belief or understanding about how she was going to supply you with goods? A. Well, why wouldn't her employer, the ?rm, be the supplier ot' goods and she's the agent representing them? Q. So then it was your belief that whatever goods you ordered they were going to come through Vitoch, right? A. Actually, at the time I think you're right. When I wrote out checks to her personally may be when I really questioned her because each one ot' those cheeks was one was the other. Maybe the question was, why am 1 writing it to you 78 B. T. Golisano - Examination by Mr. Rothenberg borne? A. have no idea. Q. But would you agree with me that if, in fact, one or more of those checks for the Rochester home was written to Vitoch then it really shouldn't have come as a surprise in December '13 that she was doing business with Vitoch? A. by? 1 don't agree with you. So when you ask me would I agree, the answer is no. Q. What did you know about where Norma did her work? A. She worked out of Vitoch. I didn't know I assumed she was an employee. Q. So your assumption was that Norma was an employee of Vitoch? A. Uhm?uhm. Q. You've got to vocalize. A. Yes. Q. And that was your assumption even before you contacted her to come and take a look at the Laurel, right? A. Yes. Q. So it?she was an employee of Vitoch how would 24 80 B. T. Goiisano - Examination by Mr. Rothenberg instead otVitoch. I'm notsure. Q. Do you have any recollection about any conversation atong those lines? A. Welhl remember I was surprised that I was writing two different checks to two different organizations and she explained to me that she was an individual contractor. Q. Fair enough. And you were paying Norma individually for the time she was going to do on the job, correct? A. That's what! thought. Q. And you were paying Vitoch for the goods that were being supplied for thejob, correct? A. Yeah, but at the time I don't think i formulated it that way in my mind because I didn't know what labors and what materials were being coincidental to Norma or to Vitoch. Q. Okay. Let's set aside labor other than Norma's labor. Let's just talk about goods for a second. Your belief at the time was that Norma was an employee, correct? A. Yeah, basically. Q. And she at some point advised you that she COMPUTER REPORTING SERVICE 325?317 0 (585) Golisano Examination by Mr. Rothenberg really wasn't an employee, she was an independent contractor, right? A. Correct. Q. But regardless of whether she was an employee or an independent contractor, you believed that any goods that were going to be supplied were going to be supplied through Vitoch, right? A. Not necessarily. For example, the furniture, the deck furniture that was in question, she deait directly with the vendor. So I had no idea which Q. Fine. l'll rephrase. And let me ask it this way: By the time you wrote a check on December [8 to Vitoch for $175,000 you had some understanding that Vitoch was going to be the supplier otsome goods for thisjob? A. Or services, yes. Q. Okay. Fair enough. Now, in any of these meetings that you told me about did you meet individually with Arthur Vitoch? A. I haven't met Arthur Vitoch since 1987. Q. Did you tatk to Arthur Vitoch any time during thisjob'? A. Not that I remember, no way. Q. What is your basis for suing Arthur Vitoch 82 B. T. Golisano - Examination by Mr. Rothenberg individually? A. What is my basis? MR. PEZZULO: i can answer. David, 1 will answer that. Based upon the information that Tom had based upon these checks that i saw, I still don't know what the relationship is between Vitoch and Norma until i get my discovery from you and i can depose her and him. So that was my decision to do Arthur Vitoch. MR. ROTHENBERG: Okay. Fair enough. MR. PEZZULO: And it?you're right and have to you know, ifyour motlon's pending I?ll let you know. MR. ROTHENBERG: Well, there's nothing pending right now, but -- MR. PEZZULO: Obviously. MR. ROTHENBERG: -- we?ll have a conversation about that in the future. MR. PEZZULO: Yeah. Okay. BY MR. ROTHENBERG: Q. Now, let's go back to your understanding of the engagement between you and Norma Goldman. Mr. Golisano. is there to your knowledge a writing reflecting your understanding of this engagement00?1meme 23 24 25 83 B. T. Golisano - Examination by Mr. Rothenberg A. Not that I know of. Q. You did not serve -- strike that. I'll ask it in the nonleading way. Did you, sir, instruct anybody to draft an agreement for your deal with Norma GoldmanNor did Norma offer one. Q. Did you instruct anybody to write her a letter or an e?mail A. No. Q. You need to wait for me to ?nish. Please. A. Okay. Q. Did you instruct anybody to write Norma Goldman and con?rm in writing your understanding of the engagementyour belief as you sit here today that your wife Monica and Captain Mark Diekman were both present when the terms of the engagement were discussed? A. Yes. Q. I want you to take a look again at 3 and which I think are still in front ofyou and do you see 84 B. T. Golisano - Examination by Mr. Rothenberg on 3 and 5 that there are two columns ot?numbers? A. I can see that. Q. Do you, sir, as you sit here have any understanding -- strike that. Do you as you sit here have any recollection of being told anything about two columns otnumbers and what they represent? A. Absolutely not. I think what I see on the right?hand side was the retail cost of the price that I was charged for. I don't know what the numbers in parenthesis are. Q. Are the numbers in parenthesis higher or lower? A. Mixed. MR. PEZZULO: Did you say "mixed"? HE WITNESS: Yeah. Some are higher and some are lower. BY MR. ROTHENBERG: Q. Welt, take a look at Exhibit 3. Do you see one, two, three, four, ?ve, six different numbers having to do -- strike that. Do you see six ditTerent sets of numbers? A. You mean, do I see two sets of numbers? Q. Yeah. Do you see two sets of numbers. COMPUTER REPORTING SERVICE 325M317 (585) waHOKOC?D-meubwmh-?OKD 25 85 B. T. Golisano - Examination by Mr. Rothenberg A. Yeah. Q. Okay. And in each instance is it true or not true that the number in parens is higher than the number not in parens? A. On this document, yes, it's true. Q. Okay. Let's take a look at Exhibit 5. A. Understanding I don't know what the hell those numbers are. Q. Understood. A. Okay. Q. One, two, three, four, ?ve, six, seven, eight, nine, ten -- so at the top ofExhibit 5, and we're only going to do this top, I'm not going to go page by page, but in the top the very first category says Owner Suite and then there's ten pairs of numbers. Do you see that? A. Right. Q. And in each instance, sir, is it not true that the number in parens is higher than the number that is not in parens'? A. Yeah, the number is parenthesis is higher. Q. Okay. And as you sit here today -- A. Can I ask what those numbers are? Q. Wellperson -- B. T. Golisano Examination by Mr. Rothenberg A. Okay. Q. with knowledgeyou need me to answer A. Do you have an answer? Q. Yes. A. What are they? Q. One is the retail price, that's the higher price, and the price that's lower is the price that you were charged. A. And where is the retail price? MR. PEZZULO: No. Where is the wholesale price THE WITNESS: Yeah. Where is the wholesale MR. PEZZULO: but that goes beyond. know that was your next question, but go ahead, Dave. Go back to your question. BY MR. ROTHENBERG: Q. Those are the two numbers. That was your question. I answered your question. A. These a re her de?nition of retail price and this is what she charged me, is that what you're trying to teil me? Q. That's what I'm trying to tell you, yes. UwaF??Omm?JmmwaI??OKD 86 87 B. T. Golisano Examination by Mr. Rothenberg A. Okay. Good. Good luck with that one. Q. Thank you. Thank you. Now, did you understand, sir, that the prices that you were paying for goods were above and beyond any charges that Norma was going to bill you For her time? A. Would you repeat that? MR. ROTHENBERO: Maggie? (Record read.) MR. PEZZULO: I guess, are goods and materials extra as opposed to what you were paying Norma hourly. I think that's the -- if I'm correct, David. MR. ROTHENBERG: That's a different way of asking it, but THE WITNESS: Well, the arrangement is I pay her by the hour and I reimburse for the goods and services. MR. PEZZULO: Goods and materials. Goods and not services, goods and materiais. THE WITNESS: No. There was services because BY MR. ROTHENBERG: Q. Like carpet installers and stul?t?? A. The services -- yeah, the installers. 88 B. T. Goiisano Examination by Mr. Rothenberg MR. PEZZULO: Okay. All right. MR. ROTHENBERG: Correct. THE WITNESS: Yeah. Somebody's got to hang those $10,000 drapes from that wall to the end of the picture there. BY MR. ROTHENBERO: Q. There are charges you received charges for her time, correct? A. Yes. Q. And you received separately charges for goods that were installed on the Laurel? A. At the end ol?thejob. I never got a detailed report of what each of the individual items were untii the end of the job when I heard how many hours she had and she gave me the breakdown because I asked for it. Q. We'll catch up to that a tittle bit later. MR. PEZZULO: David, [just want to make sure I understand where we are and what Tom's answer was. I never asked him this question. So there was no intermittent hourly bills submitted, I think that's the question you were -- that?s the answer he wasjust giving you? THE WITNESS: As far as I know, no. MR. ROTHENBERO: Well, that wasn't the -- COMPUTER REPORTING SERVICE (585) 325?3170 Golisano - Examination by Mr. Rothenberg i mean, I?ll accept that testimony. i didn't ask that question. MR. PEZZULO: Oh, I thought -- okay. I wasn't sure. BY MR. ROTHENB ERG: Q. I didn't ask that question. My question is simply that you understood throughout thisjob from inception until the ?nish that you were going to pay one bill, one or more bills to Norma for her time, correct? A. Yeah. Q. But independent ol?anything you paid her For the time you were also going to have to pay for goods that were A. Ofcourse. Q. purchased and installed? A. Of course. Q. All right. Were you present, Mr. Goiisano, when any of the work was actually being done on the Laurel? A. When physically the mechanics were there? I can't remember any. Q. Do you remember strike that. To the best of your recollection when did the work 90 B. T. Golisano - Examination by Mr. Rothenberg start on the boat? A. Probably end of December, early January. I'm guessing. MR. PEZZULO: David, yeah, I'm going to ask that's a good point. When you say the work on the boat, you don't mean what Norma was doing here in Rochester or elsewhere, you mean actuaily physical laborers or subcontractors being on the boat? ls that what you mean by that, because I'm not sure. BY MR. ROTHENBERG: Q. Yeah, I'm talking about anybody, could have been a guy delivering a chair or could have been a person laying a carpet. I mean A. As opposed to Norma working in the of?ce? Q. Yeah. MR. PEZZULO: Yeah. BY MR. ROTHENBERG: Q. Okay. So let's start that one again. We saw l?rom Exhibit 4 that there were two checks written on December 18, 2013, correct? A. (The witness nodded af?rmatively.) Q. You need to answer. You got to -- A. Yes. mxthU'lubUJNl?J 91 B. T. Golisano Examination by Mr. Rothenberg Q. So would it be fair to say that the work A. What is the phrase, "asked and anSWered?? 14 times. Q. We're just setting the table. MR. PEZZULO: He needs to set it up for himselt?, Tom. BY MR. ROTH ENBERG: Q. So would it be fair to say that the work on the boat did not begin before December 18, 20 3? A. Physical work on the boat, probably not. Q. And that's?iust a week before Christmas. Do you know if actually the work started before the ?rst of the year or did it start in January? A. The work physically on the boat, I -- probably not. MR. PEZZULO: But you don't know? THE WITNESS: I have no idea. BY MR. ROTHENBERG: Q. Let me jump ahead. I was going to get to this later, but this is an appropriate time to ask you. Is there like -- is there any kind ofa document that would indicate when a stranger was on the boat? A. Absolutely. Q. What is that document called? 92 . T. Golisano - Examination by Mr. Rothenberg . have no idea. . Ship's log? No. . What do you think it's called? I got to ask o_>o>w 5 g: . I have no idea. Probably a visitor list. MR. PEZZULO: That's a good one, David. BY MR. ROTHENBERG: Q. A visitor list. Okay. So then it?Mr. Jones from West Palm Beach showed up one day to like put carpeting somewhere there's a document that shows that Jones was on the Laurel on a given day, correct? A. Probably. What the hell difference does it make? MR. PEZZULO: No, no, no. MR. ROTHENBERG: Well, it makes a difference. THE WITNESS: Oh, come on. You know, I'm missing the Paychex luncheon. We're doing all this redundant crap. MR. PEZZULO: We're going to be here for a while, Tom. There's no question about it. Wejust started -- COMPUTER REPORTING SERVICE 32 5*3 17 (585) 24 commutesme 93 B. T. Golisano Examination by Mr. Rothenberg THE WITNESS: Well, why? I mean, what difference does it make what day work started and we got to get a visit log? MR. PEZZULO: Well, go ahead, David. Ask another question. WITNESS: i mean, it has nothing to do with the case, absolutely nothing. BY MR. Q. Look. I understand you're impatient. A. I'm not impatient. I'm also very practical. We've been here for two hours and we haven't really accomplished much. Q. We're going to get through this quicker ifyou just answer my questions, il?that's your goal, and let me say a different thing. ll? you want a break and go to a lunch, l'll come back today. I don't care how late we work today. This week does not happen to be my holiday, so I'm happy to work as late as necessary. 1 don't mean to impose on Maggie or Mr. Pezzulo or his stall; but -- A. Let's keep going. Come on. Q. Okay. So did you ever -- A. Do you realize excuse me. Back to that B. T. Golisano Examination by Mr. Rothenberg point, do you realizo there wore probably 100 workmen that came on various days during that six month period? Q. Well, i don't know how many there were. My goal is to establish the duration. 1 don't need to know the name of each guy that got on the boat. I need a document that shows me when the work started and when the work ?nished. That's whatl need. Okay? 1 will ask your lawyer for it. That's okay. (Requested material - visitor list.) BY MR. ROTHENBERG: Q. So did you ever have occasion to meet with Norma while the work was being done on the Laurei? A. Yes. Asked and answered. Remember said we met when -- the time that the deck furniture was deemed to be inappropriate?.? Q. Okay. But i had thought, and maybe I'm wrong, I had thought that the work was pretty much done by that point, no? A. It's hard to say. My guess is it was like in the middle. Probably it was mostly done maybe March, April. Q. So then other than the meeting on the boat about the outdoor furniture did you meet with Norma 94 95 B. T. Golisano - Examination by Mr. Rothenberg Goldman at any time at the Laurel while work was being done? A. I don't remember any other time. Q. Do you have a recollection of any phone . conversations you had with her A. No, 1 don't. Q. during the duration of the work? A. No, I don't remember any phone conversations, but there very well may have been. Q. Who among your employees was supervising the work that was being done on the Laurel? A. Probably Mark Diekman. Q. Take a look at Exhibit 4 again please. That's the list of the checks. What is your recollection if any about how the February 10 payments were made? A. Zero recoliection. Q. And how about. the March payments, do you have any recollection about that? A A. I don't have a recollection of any ofthese payments, like the day. I know they were made. The numbers look familiar, but Q. Well, do you remember Norma calling you and saying A. That's how she did it, yes. 96 B. T. Golisano - Examination by Mr. Rothenberg Q. Okay. Well, that's what I'm trying to explore. What do you recall about Norma calling you in relation to either the February or the March payments? . She called. That?s all I remember. And? . GaVe me amounts. . And you paid those amounts? . Probably, yes. . And do you recall during those conversations having any further conversation about where thejob was at or why she needed more money or anything like that? A. I am sure that we had conversations relative to the timing, how is the project going, you got any issues, but ifyou're asking me a date and time when i had that conversation, no way. MR. PEZZULO: Well, David, is your question, could those conversations have occurred on February 10th or March 26th? BY MR. ROTHENBERG: Q. No, any recollection whatsoever. Did they happen on that date, did they happen previously, who called whom, you know, maybe your captain called you and said, "Norma's here and Norma COMPUTER REPORTING SERVICE (585) 325w3170 25 co?uowmwai?A mwaHOkastUT-waJ??OLD 97 B. T. Golisano - Examination by Mr. Rothenberg needs more money." leou?ve got any recollection at all. A. Is there any question ofthe fact that we paid the money? is there any question about that? Q. No. A. Then why are we going through all this? Q. Because i'm doing what i need to do to represent my people. Okay? i don't want you telling me what need you want to waste all your time and your clients? money, I guess that's up to you, but you're wasting our time too. Q. l'm sorry that l'm doing that, Mr. Golisano. A. it's all right. Proceed. Q. Do you have knowledge as you sit here today whether Norma visited the Laurel prior to the outdoor Furniture meeting while the work was being done? A. I have no idea. The reason I don't have any idea is Norma lives in Rochester and she would only go down to Florida occasionally. Q. Correct. 98 B. T. Ooiisano - Examination by Mr. Rothenberg A. Okay. So that's -- Q. But i mean, would your people have noti?ed you or called you or do you remember a problem? Are there any number ol? reasons why you might remember that? A. No. Q. None oFthat is ringing a bell? A. No. Q. You told us about this meeting where there was discussion oFthe outdoor Furniture, correct? A. Uhm?uhm. Q. You got to vocalize. A. Yes. Q. Tell me how that meeting came about. A. We wore -- We knew Norma was coming down to the boat. Mark told me that the deck Furniture arrived and you're not probably going to like it. We decided to take a trip over to the boat and meet Norma and Mark at the same time, walked down to the on to the lounge area where the deck furniture is, looked at it and said no way. Q. What did Norma do? A. First ot?all, she tried to convince me it was okay, but then she realiZed that that was a losing 9 9 1 B. T. Golisano - Examination by Mr. Rothenberg 2 battle. 3 So she contacted the vendor and said basically - 4 I'm guessing what she said to them - "Your pictures 5 don't match the actual Furniture and the furniture that 6 you sent con?icts with our design," and it was very 7 obvious it did. 8 She reported back to me that the vendor was 9 uncooperative, was only wanted a 25 or a 50 percent 10 take-back fee or something like that. 1 1 Q. Restocking Fee? 12 A. Yeah, I guess that's the term. 1 3 I said to give me the name of the vendor. I called 1 4 the vendor and I talked to them and next thing] knew 15 they gave us 100 percent rebate except for the shipping 1 6 ofit we might have had to pay. 17 Q. Well, 1 was going to ask you about that. 1 8 Do you recall whether Norma ate the shipping when 1 9 it was returned -- 2 A. I have no idea. 2 1 Q. Other than the outdoor furniture strike 2 2 that. 2 3 What is your recollection about how much of the job 2 4 was done on May 12th when you went there and looked at 2 5 the outdoor Furniture? 1 1 B. T. Golisano Examination by Mr. Rothenberg 2 MR. PEZZULO: Did you say May 12th? 3 MR. ROTHENBERG: Yeah. 4 THE WITNESS: Are you sure thatdate is 5 right? 6 MR. PEZZULO: Yeah. i. don't know where 7 May l2th came From. 8 MR. ROTHENBERG: Maybe itjust came From 9 my notes. 10 MR. PEZZULO: it hasn't been discussed 1 1 this morning. 1 2 BY MR. ROTHENBERG: 13 Q. Fair enough. 4 So do you remember the date on which the outdoor 1 5 furniture meeting occurred? 16 A. No, I don't. 17 Q. ls it consistent with your recollection that 1 8 it was sometime in the spring 19 A. Probably. 2 0 Q. And what is your recollection on that date as 2 1 to the status oF the rest 0F the job, were carpets 2 2 installed, was new Fabric installed, were -- these .2 3 drapes that you're so concerned about, were they 2 4 installed? 2 5 Do you have any recollection about what other work COMPUTER REPORTING SERVICE (585) 325?3170 Golisano - Examination by Mr. Rothenberg had been done prior to that day? A. I think most ofit had been done. Q. Fair enough. A. But I'm not totally sure. Q. Understood. Okay. Certainly some of it had been done, right? A. Correct. Q. And did you take time that day to walk through and look at any ofthe other work or did you just look at the outdoor furniture and then take off? A. i'm sure we looked at everything. Q. Do you have a speci?c recollection as you sit here today of seeing carpeting on that day? A. Yeah. Q. Outdoor strike that. Recovered furniture? A. Yes. Q. Wali coverings? A. Yes. i had issues with some of the things. Q. Did you have discussion with her about the issues? A. Oh, yeah. The waves Q. Okay. Tell A. Would you like to know what they are? B. T. Golisano Examination by Mr. Q. lwould. A. The wavos in the carpet in the card room. The carpet is wavy. The library carpeting was wavy and not installed well. The rug in the second lioor family room that looked like the vaginas. Q. Is that an installed carpet or is that a loose carpet? A. Loose. Seven by seven, $5,000. The captain was very unhappy with the carpeting through the guest rooms because it was too ?at because it didn't meet up with the door, you know, with the ?oor connect where the ?oor meets the carpet. Do you know what i mean? Q. Not exactly. A. You have a doorjamb here. See this metal thing? Q. Yes. A. Well, what happened is the pile of the carpet was so low that it was about a half an inch lower than this side because the carpet that she bought was a lot thinner than the carpet that was there. Q. So there was a change in elevation and a risk A. Correct. 102 103 B. T. Goiisano Examination by Mr. Rothenberg Q. that someone would fall? A. Correct. Q. And you addressed that with her on that day? A. Oh, yeah. Plus Mark was very concerned about the carpet's nature. Notice I didn't say quality, but nature, because it -- ifyou take the vacuum cleaner ovm? it several times in one place it will start to fray and little pilings come up and they vacuum the carpets in the suites and the hallway every day. So that was one of his beefs. Q. Okay. A. The chairs - she put in swivel chairs in the main salon - hit the end tables that were bolted down, so that was that is obviously an issue. Several things like that, but like I said, that?s not the nature of this case. Q. Understood. Did you express these concerns that you've just told me about to Norma on that day? A. Yeah. Q, Did she address any A. Excuse me. Mark and Dauphine had expressed their concerns long before i got there that day. Q. And how do you know that? 104 B. T. Golisano Examination by Mr. Rothenberg A. Because they told me. Q. And what if anything did they tell you that she was doing about any of those concerns? A. Nothing thatI remember. Q. And when you expressed the concerns yourself to Norma on May 12th or whatever day we looked at the outside furniture what ifanything did she say she would do? A. Several of the things -- she was able to do something like for example, all the panels on the chairs, the fabric chairs were all wrinkled from shipping. She got them all straightened out. i know there was some other things she ?xed. Q. She fixed the carpeting? A. No, couldn't ?x the carpeting. it was huge. Q. Okay. Did you ever A. Now, We lived with the carpeting for a couple years and I know it has problems, but you know, it never should have been that carpeting. Q. You didn't tell Norma to remove the carpeting, correct? A. No. Q. Did you ever send Norma a notice in writing that the carpeting was no good and you were rejecting COMPUTER REPORTING SERVICE (585) 325e3l70 mmwNi??Ommummawmr?iom 105 B. T. Golisano Examination by Mr. Rothenberg it? A. We didn?t reject it. Q. Fair enough. A. Maybe we should have, but we didn't, and maybe we still will. Who knows. Q. l'm going to hand you an exhibit that I?ve marked 5A, ask you to take a minute to look at it. I apologize. i need to step out again. l'm very sorry. (Recess taken.) BY MR. ROTHENBERG: Q. Mr. Golisano, you have in Front ofyou what we've marked For identi?cation as Deposition Exhibit 5A. Do you see that? A. Yes, sir. Q. For the record, 5A is a three page document, correct? A. Yes. Q. Do you see at the top that it bears what we call a fax signature with a date oi?May I9, 2014? Do you see that? A. Yup. Q. And it also has the name Vitoch Interiors up at the top, correct? B. T. Goiisano - Examination by Mr. Rothenberg A. Correct. Q. So do you recali receiving the original ot?SA as a tax? A. Do I recall receiving this? No. Q. Page of this exhibit purports to be a handwritten note signed twice by Norma. See that? A. Yes. Q. Do you recognize that as Norma's handwriting? A. No. No reason for me to doubt it though. Q. Iunderstand that. Do you have any recollection as you sit here today oi" receiving Exhibit A. No, I don't remember receiving it. Q. Okay. And as you sit here today do you have -- A. Excuse me. What is that number, 473? Is that the sender's number or the receiver's number? Q. I don't know the answer to that question. A. Okay. Because it's not my number, so -- okay. Go ahead. Q. As you sit here today, Mr. Golisano, do you have any understanding of what the second and third pages of this are which consist ol? some descriptions 106 107 B. T. Goiisano - Examination by Mr. Rothenberg and some numbers? MR. PEZZULO: Can I have the question back, Maggie, while he's looking? (Record read.) MR. PEZZULO: It sounds like you're asking him to interrupt the document. I don't know if that's what you want him to do, but I'd rather you didn't. MR. ROTHENBERG: Well, I'm asking iFhe has an understanding of it. It purports to be one fax. I can't THE WITNESS: You know what I think this document is? I think this is the document that triggered me to start asking for the detail because when I look at the first two items, $60,000 for carpet labor, I probably went through the roof. BY MR. ROTHENBERG: Q. Is that a recollection you have or -- A. I'm guessing. Q. That's speculation? A. It's not an accurate recolieetion, but I'm guessing that?s what triggered this. Q. Okay. Do you think if you spent more time looking at it you'd recall or shouid we move on? A. Move on. 108 B. T. Golisano Examination by Mr. Rothenberg Q. Fair enough. Do you recall that there came a time in June of 2014 when you made a ?nal payment to Norma? A. Do I remember what? Would you repeat the question? MR. ROTHENBERG: Maggie? (Record read.) THE i thinki remember making the final payment, but I have no idea when the date was. MR. Okay. Let's see if we can help you out. Mark this as Exhibit 6 please. (Exhibit No. 6 - T. Golisano's bank account, .lune 2014 - marked for identification.) BY MR. ROTHENBERG: Q. Let me hand you what we've marked for identi?cation as Exhibit 6 and I'li represent to you that this was a document that was among the stuff that was produced by your counsel and it's a two page document. Page I purports to be a redacted bank statement and page 2 is photocopies of" some cancelled checks mostly redacted, but take a look at the bottom of page i, and COMPUTER REPORTING SERVICE (585) 325?3170 {13?}meme HHwi-JHi?AiGoiisano Examination by Mr. Rothenberg do you see that there is an entry for check number 16964? Do you that? A. Yeah. Q. And over on the right it indicates the amount of that check, correct? A. Yes. Q. 58 A. It says, "Withdrawal." I assume it's a check. Q. Well, over on the left it says, "Check number,? correct? Do you see that, check number 16964 -- A. Yeah. Q. and then there?s a number over on the right, correct? MR. PEZZULO: Okay. BY MR. Q. So the number or the amount of that particular entry is 58,867.34, correct? A. Yes. Q. Ali right. Second page. Look at the third check. Now, these are not terribly legible, but are you able to see that the third check is a check made payable to Norma Goldman Interior Design? B. T. Golisano Examination by Mr. Rothenberg A. Yes, i see that. Q. And if you look either at the face of the check or the bank entryiust below the check can you see that the amount of that check corresponds exactly to what appears on the first page of Exhibit 6? A. Yes. Q. Do you recall that this check indicated on Exhibit 6 was, in fact, the ?nal payment you delivered -- A. I -- go ahead. Q. to Norma Goldman? A. I have no idea. Q. Well, let me ask it this way -- well, here, let's see if we can't help you. Go back to Exhibit 4. Take a look at Exhibit 4. This is a document that contains at least some of your handwriting, right? A. I don't see any check for 58 oh, this one at the bottom? That's not my writing. Q. But would you agree with me that that is, in terms of chronology, the last entry or check or something re?ected on Exhibit 4? A. Has to be. Q. Well,just chronologically that's the last Golisano - Examination by Mr. Rothenberg date, right? Talking about 4. A. June 4th, June 12th I don't understand your question. Q. Okay. My question is ?just look at Exhibit 4. Don't look at the other exhibit right now. A. Okay. Q. On Exhibit 4, the 58,867, is that chronologically the last entry on this exhibit? A. Yes, but you know what? I don?t know what this exhibit is. I don't know where it came from or who produced it. Q. Well, you guys produced it and you told me earlier that it bears some of your handwriting, right? A. Just this one line, but I don't know. MR. PEZZULO: Hold on, guys, Tom, David. 1 got that from David. THE Oh, okay. MR. PEZZULO: David produced this for me, so it's our document. David said "you guys.? He means I produced it. Go ahead, David. MR. ROTH ENBERG: Matter of fact, I was going to ask that question. 112 B. T. Golisano - Examination by Mr. Rothenberg MR. PEZZULO: No you Weren't. [just reminded you. BY MR. ROTHENBERG: Q. Wellcheck prepared and -- Mr. Pezzuio used the name David. Is there a guy named David that works for you? A. David runs my family of?ce. Q. What is David's last name? A. Still, S?t-i-i?l. Q. And does Dave Still write checks when it's necessary to write checks out of that office? A. He does some of it and we have an administrative assistant that does the rest of it. Q. Do you have any recoilection of instructing David Still to prepare check number 16964? A. This speci?c check for this speci?c amount, I have no recollection. Do I tell David to create cheeks? Yes. Q. Okay. Fair enough. According to the documents that you have seen already -- so wejust saw Exhibit SA which is a fax that bears a date of May l9, 2014, correct, It's in COMPUTER REPORTING SERVICE 32 5-317 0 (585) ~401th tom (AMP-JO 24 L. 113 B. T. Golisano Examination by Mr. Rothenberg A. Say again? Q. A couple minutes ago we looked at Exhibit 5A that bears a fax date of May 19, 2014, correct? A. Correct. Q. And so do you know, in fact, Mr. Golisano, whether check number 16964 was written after you had received Exhibit A. Well, if this is dated 5/19 and it was sent to me, which 1 don't know that or that I ever got it, certainly June 12th is later. So Q. Okay. But you have no independent recollection to that effect, correct? A. No. Q. Okay. l'm going to hand you a new exhibit. MR. ROTHENBERG: Please mark this. (Exhibit No. 7 itemized bill for services rendered - marked for identi?cation.) BY MR. ROTHENBERG: Q. l'm handing you what we'Ve marked for identi?cation as Exhibit 7, sir, and -- Dave Style by the way, does he A. Still, Dave Still. Q. Still. l'm sorry. Dave Still. Does he reside up in Monroe County or Ontario B. T. Golisano Examination by Mr. Rothenberg County, around here? A. Yes. Q. Back to Exhibit7. Remember receiving the original of Exhibit 7, Mr. Golisano? A. No, I don't. Q. Do you ever remember receivin time records from Ms. Goldman? A. Just the total. She told me the total ofthc amount and i wrote a check] think. Q. Take a look at the last page ofExhibit 7, and Exhibit 7 is a handwritten page that purports to -- A. Does that say 150? Q. It does. 228, one a quarter, times 150. A. I thought it was 140. MR. PEZZULO: The document is what it is, but BY MR. ROTHENBERG: Q. l'm just the lawyer. l'm not the witness. This document certainly says 150, does it not? A. That's interesting. Go ahead. Q. There came a time when you paid Norma Goldman for her time that she had expended on thisjob, correct? 114 mwat?lommumeer?Aow 115 B. T. Golisano i Examination by Mr. Rothenberg A. Yes. Q. And do you have a recollection ofgoing through her time records before you paid her? A. Going through them, no. I looked at the total and assumed based on the length oftime the project took it was fairly reasonable. Q. Fair enough. As we sit here today are you disputing the accuracy of any ofNorma Goldman?s time entries? A. No. Q. And you just told me that you thought that 228 A. Yeah. Q. hours was reasonable for the scope of this job? A. Yeah, but I still think it was 140, not 150, but we'll let that go for now. Q. And do you know whether you had received Norma Goldman's statement for time, for services before the check that's reflected on Exhibit 6 was written? A. 1' have no idea. Q. You would agree with me, sir, that the only check that's in a not round amount is the very last one, correct? 116 B. T. Goiisano Examination by Mr. Rothenberg A. I think you're right. Q. So then do you have a recollection at least of having a meeting with her to sort ofsquare accounts up so that all -- everything was done? A. I wouldn't call it a meeting to square accounts. She said that was the last check and 1 probably just wrote it. Q. Okay. You do have a recollection of her asking you for the ?nal payment? A. Yeah, I think so. I believe it was at the of?ce. Q. You think it which of?ce? A. Rochester. MR. PEZZULO: No, hold on. l'm sorry, Dave. I shouldn't step on your question, but June 4th, '14? THE WITNESS: It would have been in Rochester. MR. ROTHENBERG: 1 think that's her recollection also. MR. PEZZULO: Oh, yeah. Before -- okay. THE WITNESS: Yeah. I come up the last week of May. MR. PEZZULO: l'm sorry. You're right. COMPUTER REPORT ING SERVICE (585) 30 25 (Edmund:me 117 B. T. Golisano - Examination by Mr. Rothenberg BY MR. ROTHENBERG: Q. When you say "the office,? you mean your of?ce? A. In Rochester. I Q. In Rochester. A. Which I refer to as "the office.? Q. Fair enough. MR. ROTHENBERG: Let?s mark this one 8 please. (Exhibit No. 8 - summary ofN. Goldman's billing marked for identi?cation.) BY MR. ROTHENBERG: Q. Mr. Goiisano, t'm handing you what we've marked for identi?cation as Deposition 8. A. Yup. Q. So dOes that indicate that you recall receiving the original of Exhibit 8? A. This looks very familiar. Q. Just in terms ofthe arrangement of Exhibit 8, take a look at the ?rst page -- well, l'il give you a minute. Do you want to take a minute to look through it or not? A. No, it's okay. Go ahead. B. T. Golisano Examination by Mr. Rothenberg Q. All right. First page lists a bunch of categories with numbers over on the right, correct? A. Yes. Q. And then it? you go through and you start with the second page and continue on would you agree with me that the subsequent pages are a more detailed breakdown ot? the numbers that are re?ected on the ?rst pagecalculator to find out. Q. Well, no. .lust take a quick look. i mean, like at the top it says Carpeting and on page 2 it says Carpeting at the top and the number at the bottom is i 10, same number on page 1. A. Yeah, okay, for that one, but Q. Go to the next one. A. upholstery, labor and interior? Q. Well, isn?t there two pages that total up to A. No, I don't know. [just looked at the ?rst page. I don't know ii'there's a total Q. Fine. A. Oh, there's a total page that says 76 -- yeah, okay. Yeah, she's got totals for each category. Q. She's got breakdowns for each category, totals that are consistent with what appears on page i, CD-deTIwaNlGolisano - Examination by Mr. Rothenberg correct? A. Yeah. Q. Now, going back to page i there are one, two, three, four, five categories - they're actually two through six - that list Labor, correct? A. Yeah. Q. And did you understand, in fact, that you were being bilied For the iabor that was involved in the installation ofstuffon the Laurel? A. Of course. Q. Okay. Aside from the dispute about price, are you disputing that any of the items that are listed on Exhibit 8 were installed or delivered to the Laurel? A. No. Q. Okay. Fair enough. And A. Welt, wait a minute. Let me count the number of pillows. Q. Go ahead. A. That's l?acetious. i told you we had 32 piliows that were -- no place for them and we had to put them in storage -- Q. Too many piliows? A. at an average price 0f$500 a piece. 120 B. T. Golisano - Examination by Mr. Rothenherg Q. Do you recall whether you had received the original of8 before the check was written in early June A. I can?t tell you. in fact, I'm sitting here thinking, what made me start breaking down everything, was it this document or the printed itemized document which I think you're about to show me. Q. We're about to go to 9. MR. ROTHENBERG: Maggie, please mark this as 9. (Exhibit No. 9 - summary ofVitoch's billing - marked For identification.) BY MR. ROTHENBERG: Q. I'm handing you A. Yeah. This is what got me going. MR. PEZZULO: Well, wait For the question. BY MR. ROTHENBERG: Q. Hang on a second. Let's do some preliminaries. l'm handing you what we marked for identi?cation as Exhibit 9. Can you identify that? A. This looks like something i received from her. Q. And do you know whether Exhibit 9 represents a listing ofstuft?" that was supplied through Vitoch COMPUTER REPORTING SERVICE 325-317 0 (585) 'Golisano - Examination by Mr. Rothenberg Interiors as opposed to Norma Goldman? A. I had no idea where it came from. Q. What is your recollection about Exhibit 9? A. i received this 1 think after asking for it and what I did with this was start breaking down -- for example, four new swivel chairs, 10,520. Just looking at one fabric for swivel chairs is $9,600. So that means those four swivel chairs cost me $20,000, $5,000 a piece, and it didn't even include the construction of the chair. Q. What is your recollection of when you received 9? A. I don't know. It probably at some point after this because then I asked for it. Q. You don't A. I think i asked for it. Maybe she provided it. Idon't know. Q. Okay. Fair enough. And do you know whether you received Exhibit 9 before or after the check for 58 and change A. I haven't Q. Hold on. You got to let me finish. Do you remember whether you received Exhibit 9 before or after you wrote the check for 58 and change? 122 B. Golisano Examination by Mr. Rothenberg A. have no idea. Q. And as you sit here you don't know, sir, whether 9 reflects Stuff provided by Vitoch or by anybody else? A. No, I don't know. Q. Now. are you claiming in this lawsuit that the stuff that's listed -- strike that. is it your claim that any of the stuff that's listed on Exhibit 9 was not provided or is your complaint again simply about price? A. Simply about price. Q. Fair enough. Now, you told us earlier that on May 12 you had been at the Laurel and seen that a bunch of the work had been done and stuff had been installed, right? A. I don't know who came up with the date, but MR. PEZZULO: Yeah, David. BY MR. ROTHENBERG: Q. Okay. Here. You know what? Let?sjust do this because I think this might help. I'm showing you Exhibit 7 and the page of Exhibit 7 that contains an entry for May l2 and it says, ?Four hours," and some kind ofa description, but further description says, "On the yacht" or "out to the yacht" mumm-bcumr-A wameOmcoqmmawmr?IOLO 123 B. T. Golisano Examination by Mr. Rothenberg or something like that. Do you see that? A. She charged me those hours for that Q. l'mjust -- A. -- her screw up? I should've objected to that. Q.Ohy A. That's 600 bucks. Son of?~ Q. Do you see that May 12, 2014 on Exhibit 7 shows, "Out to yacht, meet with Tom"? A. Yeah, of course I see it. Q. Fair enough. That's where I'm getting the May 12 date from. A. Okay. Q. Do you have any reason to believe that that date is an accurate A. I really don't care what date it was. Q. Welt, i do because i have to defend this lawsuit. So do you have any dispute that that is an accurate reflection of the date? A. I don't know if it's accurate or not, but I assume there is no reason why it wouldn't be. Q. So then it would be fair to say, Mr. Golisano, that by the time check 16964 was written in June you 124 B. T. Golisano Examination by Mr. Rothenberg had had an opportunity to see furniture, carpeting, wall covering and other stuff that had been either installed or delivered to the Laurel, correct? A. Correct. But what i didn't see was this Q. You're holding up Exhibit 9. A. and what each item cost and what I was charged for by each item. That's what i didn't see. Q. Okay. Between December of 2013, in other words, before thejob began, and May l2 of 2014 when you had the meeting about the furniture, did you ever spend the night on the yacht? A. Idon't remember. Probably not. Q. Do you remember whether you visited it on any other date in that time frame A. Idon?t think so. I may have, but! don't remember. it was a ?ve month period. Q. You told me earlier about this visitor list that shows when strangers come to the Laurel, correct? A. I think they do keep it, yes. Q. Does that A. You know who else keeps it is the marina because they charge us for every visitor that comes on. Can you believe that? MR. PEZZULO: i didn?t know that. COMPUTER REPORTING SERVICE (585) 325-317O m?Jmmwar?Jom Golisano - Examination by Mr. Rothenberg TH WITNESS: Yeah. Even the contractors, $50 a day. Go ahead. BY MR. ROTHENBERG: Q. My question is. sir, does the same document rcllect when you as owner are on the boat. A. I don't know. I have never seen the document. Q. Now. we established earlier that you knew that Vitoch Interiors, Limited was involved in thisjob, correct? A. At some point I found out, yes. Q. Because you started writing checks to Vitoch back in December 2013, correct? A. Asked and answered about 12 times. Q. Okay. Now -- MR. PEZZULO: That?s a yes. MR. ROTHENBERG: Yeah, I took it as a yes. BY MR. ROTHENBERG: Q. You understand that Vitoch has a showroom, correct? A. I used to think they had a showroom, but they moved. They used to be on University Avenue and was in that showroom years ago, but now they're over on Humboldt Street or some place like that. Q. They moved their locationOolisano - Examination by Mr. Rothenberg understand that Vitoeh is a business establishment with a showroom? A. I didn't see a showroom when I went over there to talk to her about this, so Q. Well, did you at least see a physical location from which A. Yeah. Q. -- the Vitoch people were doing business? A. Yes. Q. You understand, Mr. Golisano, as a sophisticated businessman that business A. Wait. That's your conclusion. Q. No. You told me at one point today that you were sophisticated. A. No, I didn't say that. Q. think it's in the record. A. We'll cheek. Q. We will, but i A Q. I will rephrase that. You understand, Mr. Golisano, that as an experienced businessman that businesses have overhead, I think I said it facctiously. correct? A. Really? Yes,1understand. m?mmwaH Golisano Examination by Mr. Rothenberg Q. Okay. And so you knew that Vitoch Interiors, Ltd, one of the defendants in this case, had a physical place of business with overhead, correct? A. I would assume so. MR. PEZZULO: Did you know that, Tom? THE WITNESS: Yeah. I assume so. BY MR. ROTHENBERO: Q. And as a former business owner and CEO you know that overhead includes stuff like rent and utilities and payroll and insurance and so forth, correct? A. Yes. Q. All right. A. Glad we got that straightened. Q. You also understand that businesses need to make a profit to stay .in business, right? A. Yes, I do understand that. Q. And is it your understanding, Mr. Golisano, that businesses that sell goods need to mark up goods in order to make money? A. Are you referring to Norma or are you referring to Vitoch, because I did not have an arrangement with Vitoeh. Q. I'm just asking you about your understanding 128 B. T. Golisano - Examination by Mr. Rothenberg about businesses that sell goods. A. We're talking about two different businesses Q. Okay. A. remember? I made an arrangement with Norma. . Correct. . She brought Yitoch in, not me. . Yes. But you knew in December of2013 -- . That they were involved. . Because you wrote a $175,000 check to them. . Yeah. Long after we negotiated our deal. Well, I mean, look. You made -- I'm just trying to help you with the chronology here. Q. Yes, I understand. A. I didn?t know about Vitoeh until after I made the deal with Norma. I thought I was making a deal with Norma. Q. Okay. But at the point where you wrote the check to Vitoch in December A. That?s when I asked, yes. Q. Hold on. You got to let me ?nish. That's not my question. COMPUTER REPORTING SERVICE (585) 325?3170 33 129 B. T. Gotisano - Examination by Mr. Rothenberg A. Okay. Q. The point where you wrote the check to Vitoch in December 20 I 3, no work had started on this yacht yet, correct? A. I'm not sure. Norma could have been ordering materials and so forth before that date. Q. To your knowledge no work had begun on the yacht? A. t'm not going to answer it that way because there very well could have been work done on it. Q. On the boat physically? A. Oh, probably not physically on the boat. Q. Okay. That's what l'm asking you about. A. But ordering of goods and so forth. Q. l'm not talking about what work Norma did in her of?ce or Vitoch. l'm talking about on the Laurel. A. Okay. Q. And you knew on that date that no work had begun on the Laurel, correct? MR. PEZZULO: That's the December 18 date we're talking about? MR. ROTHENBERG: Yes. THE WITNESS: Probably not. BY MR. B. T. Golisano - Examination by Mr. Rothenberg Q. And yet on December 18, 2013 you wrote a check to Vitoch for $ 75,000, correct? Nobody made you do it on that day, right? A. Well, she asked for it and then she explained to me this was a dual deal between her and Vitoch. She was one vendor and Vitoch was another. Q. Yeah. And then you made the decision, "Okay. i'll write this check to Vitoch," correct? A. Yeah. Yes. Q. So at that point in time, December ot?2013, you understood that Vitoch was involved in this transaction, correct? A. Yeah, but the involvement could have taken two forms which I did n't -- didn't even think about. The ?rst involvement was, were they selling directly to me or were they selling to Norma and Norma was setting to me. I did n't know. Q. Okay. A. i don't think i still know. Q. Let me ask it this way: When you engaged Norma and you say you had the understanding that all goods Were to be supplied at zero markup you knew at that point in time that another business, i.e, Vitoch Interiors. was involved in the job, correctGolisano - Examination by Mr. Rothenberg A. That's not true. Itlidn't?- that was in early December when she made the presentation and I made the oral arrangement with her. I didn't write the checks to Vitoch until a couple weeks later. Q. Okay. By that date you knew that Vitoch was involved, correct? A. I knew they were involved. I just didn't know who the customer was, me or Norma. Q. But knowing that a business establishment was involved did you feel any need to memorialize this deal in writing? A. No. I thought Norma and were very clear on it. Q. Was it your understanding as of? December i8, 20l3 that it was normai or typieai for businesses to Sell goods at zero markup? MR. PEZZULO: When you say businesses, you mean this business or businesses in general? MR. ROTHENBERG: No. Businesses in general. MR. PEZZULO: i will object to the relevancy, but you do have to answer. THE WITNESS: Well, yeah. Many times businesses sell things below their cost. When they're B. T. Golisano Examination by Mr. Rothenberg trying to get rid of inventory, for example. BY MR. ROTHENBERG: Q. Or if they have lost leaders, correct? A. Yeah. Q. But in terms of whether that?s the norm or not did you have an understanding about whether that's the norm? A. Naturally] understand what the norm is, but -- Q. Well, what is your understanding about the norm? A. About the norm? Q. Yeah. A. Businesses are in business to make pro?ts, but that has nothing to do with the negotiation ofour deal. Q. No. [get that, but A. Really? It doesn't sound like you get it. Q. No. The piece 1 don't get, Mr. Golisano, is when you enter into an agreement that is not the norm you do nothing to memorialize the atypical nature of the agreement. That?s the piece I don't understand, as long as we're talking about COMPUTER REPORTING SERVICE 325-317 0 (585) i 34 l?tt?lt??l??l?JI??l??Hl?Golisano - Examination by Mr. Rothenberg A. Say that again. Q. -- what we understand. A. Say that again. Q. That ifyou make a deal that is not typical, that is not the norm, what I don't understand -- A. Well, ?rst ofall -- wait a minute. When I made the deal I didn't know it was not the norm. I didn't know Vitoch Was involved, but go ahead. Q. Well, you told me that you know it's the norm For businesses to mark stuit? up to make a pro fit. A. Right. But i didn't know at the time we were talking about Vitoch. Q. What difference does it make who we're talking about? We could be talking about Nettleton or Hickey Freeman. A. Norma got her markup of$150 an hour. Q. That's not markup. That's her labor. A. So? People do jobs just for labor. Doesn't mean they have to make pro?ts on material and parts - and labor. Q. Okay. And the reason we're exploring these questions is A. know where you're going with these questions. B. T. Golisano Examination by Mr. Q. Where am i going? A. Go ahead. i don't want to -- go ahead. I know where you're going. Q. Tell me. We're here under oath. Tell me where l'm going. A. You're trying to stipulate or suggest that i didn't anticipate that Vitoch needed to make a profit. Well, that's baloney, sir, because I didn't know Vitoch was not explained to me, was not part of the deal and I had no deal with Yitoch. Q. Okay. A. Okay? The process had already started when I wrote these checks and that's when I found out now, i didn't know ifVitoch was a subcontractor to her or she was a subcontractor to them. Q. How come you didn't clarify any of that on December l8? A. i didn't need to. had a deal with Norma. Q. You had a deal. but A. Do you like my loud voice by the way? l'm tired of yours. Do you like my loud voice? Huh? 1 had a deal with Norma, not Vitoch, and you'0340\stme Golisano Examination by Mr. Rothenberg trying to bring this in that l'm supposed to anticipate that Vitoch needed to make a profit? Come on. You're way off base. Q. Okay. That's not really what l'm trying to suggest. What l'm trying to suggest is that il?we're making a deal that's outside the norm, ordinarily business people con?rm that in writing. That's what I'mjust trying to suggest. A. Why didn't your contractor do that? They usually supply the contract normally in ordinary business. Q. Okay. A. And I had two witnesses that heard her. l'd like to hear who are her witnesses. Q. i think you'll get a chance to. A. Okay. l'm sure i will. Q. What document will tell us when the Laurel sailed from Florida to go to Europe? A. What document? IQ. Yeah. A. The phone cal! to the captain will probably tell us. Q. i can't get that well, I could examine 136 B. T. Golisano Examination by Mr. Rothenberg A. Why is it important? Q. That one l'm not going to answer today, but it's definitely important. A. Oh, really? MR. PEZZULO: David, can youjust ask the question because i want to try and understand. I think i know where you're going, but ask the question. THE WITNESS: I think I know where he's going too. MR. PEZZULO: All right. Hold on. Hold on. Ask the question. MR. ROTHENBERG: l'm?iust trying to find out what date the Laurel sailed. MR. PEZZULO: Alter Norma's project? MR. ROTHENBERG: Yeah. THE WITNESS: About June 7th, give or take a week. Right? MR. PEZZULO: i think that's where -- correct, yeah. BY MR. Q. So alter the final payment was made as reflected on Exhibit 4, correct? A. Asked and answered. COMPUTER REPORTING SERVICE 32 5-317 0 (585) L?ideNW Ni?Iomocummawmi?Jowooqm 23 24 25 137 B. T. Golisano Examination by Mr. Rothenherg Q. Well, no. Wejust established one second ago that the A. We've already established the date the ?nal payment was made. Q. Look, Mr. Golisano. if you want to quibble and quarrel with me all day I'll do that with you. A. Ifyou want to keep asking me these redundant questions l'm going to give you a hard time. Now, go ahead. Go ahead. Q. i do not think they're redundant. My question is this: Is it your recollection that the Laurel sailed after the last payment was made A. Yes. Q. -- as re?ected on Exhibit 4? A. Yes. Q. Okay. Great. I'm not bothered by your loud voice by the way. A. I'm bothered by yours. Q. I'm sorry. l'm trying not to speak loudly. A. You're doing good right now. Q. Okay. At any date after May 2034 no, I?m going to rephrase that. At any date after .lune 4, 2014 did you or your agents charter the Laurel to any third parties? B. T. Golisano Examination by Mr. Rothenberg A. Probably. The answer is yes. I know we (lid. Q. Okay. Fair enough. What rental rate did you charge For the Laurel? A. None ol'your freaking business. MR. PEZZULO: Hold on. Hotd on. David, you and I talked about this. i know you think you have a claim for it. I'm going to ask you not to ask questions about that today and if you want to make your application to the court that Tom is instructed to answer, he will, but I toid Tom about this, but that's what's where we're going to be today. BY MR. Q. Okay. Let mejust ask a general question. You can MR. PEZZULO: You can ask your question. BY MR. ROTHENBERG: Q. decline to answer it if you don't want to, but is it your recollection that you or one of your entities has received revenue for chartering the Laurel since June 7, A. Yes. MR. ROTHENBERG: Mark this pleaseGolisano Examination by Mr. Rothenberg (Exhibit No. to - two pages of photos - marked for identi?cation.) BY MR. ROTHENB ERG: Q. Let me hand you an exhibit that's marked Exhibit 10, Deposition 10, and it looks to me like what people call a contact sheet of photos, there's actually two pages, and I'm not going to ask you about each one of these pictures, but they were supplied to me by your counsel and what I'd like to know isjust overall what are these photos. A. These are problem areas that Norma had with the quality of work or the quality of the material. Q. So these are photos that were taken after the work was performed . Correct. correct? Yeah. And when you say I'm glad you gave us this list. This is good. MR. PEZZULO: Pardon? THE WITNESS: I'm glad we got this Eist. BY MR. ROTHENBERG: Q. Well, your lawyer gave it to me. A. Where did you get it, l'rom Mark? >oao> 140 B. T. Golisano - Examination by Mr. Rothenberg MR. PEZZULO: Let?s go. Ask your next question. THE WITNESS: Okay. Go ahead. What do you want to know about this? BY MR. Q. I really just wanted to know why they were taken. A. May 1 answer that? Q. Yeah, ofcourse. A. Okay. They were taken to demonstrate some of the flaws in the workmanship and quality ofwhat Norma produced. Would you like me to go over them with you? Q. You can do whatever you please. A. I'd be glad to. MR. PEZZULO: But I vote we do it quickly. it's not a claim in our lawsuit. THE WITNESS: Yeah, we'll do it quickly. BY MR. ROTH EN BERG: Q. Just don't write on it. A. This is the couch -- Q. Hold on. .lust a practical suggestion, put the tip back on your pen. You're going to end up writing on ti. COMPUTER REPORTING SERVICE 32 5m317 (585) 36 NtGolisauo Examination by Mr. Rothenberg A. (The witness complied.) Q. Okay. Go. A. This is a lounge a couch that's in the office and it has been used maybe eight weeks and look at the material Wear on it, and this was another one of these $10,000 couches. This stuff was so ugly it had to be replaced. This I can't Q. You?re talking about those rivets or whatever A. Yeah. Rivets, yeah. This is the card room. Look at that couch. There?s no place to sit. It?s a very small couch and there's, what, 12, 10 pillows. That goes to the 32 pillows that we got in storage. Q. Sojust in general, who took the pictures, how did they come to be taken and, you know, what was done with them. Just tell me what you remember about the pictures. A. I think that these pictures Were taken by our crewI either Mark or our parser, and they're demonstrating the problems that we had with some of the materials. I mean, look at the carpet. The carpet is a big B. T. Golisauo Examination by Mr. Rothenberg one. See the fraying? He doesn't think this carpet is going to last two years. Q. "He" being your captain? A. Yeahyou know ifthese pictures were taken before or alter the ship sailed? A. They Were taken before it sailed I think because these were issues. These were issues almost the same time the deck furniture was. Q. Is it your recollection that these photos were shown to Norma on the date when she came to see the outdoor l?urniture? A. She wasn't shown photos. She was shown the actual thing. Q. So were the photos ever sent to Norma or did you guys just A. I have no idea, but these things were pointed out to her while she was on the boat. Remember I said stuff like the wrinkling? i think she eventually took care of that. Oh, you don't care. Q. N0. l'm happy to listen to you. A. To spend $170,000 fora carpet and have it mwai??me-Jmm?bLUNHOKD 142 143 B. T. Golisauo - Examination by Mr. Rothenberg look like that MR. 1 think we're up to i l. (ExhibitNo. ll - listofrooms - marked for identification) BY MR. ROTHENBERG: Q. l'm handing you what we've marked for identification as Deposition Exhibit 1 i. What is this, I l, ifyou know? A. What is it? Q. Yes. A. You?re asking me what it is? Q. Yes. A. It looks like a list of the rooms. MR. PEZZULO: Did you get this from me or is this from you? MR. ROTHENBERG: No. this from the plaintiff. MR. PEZZULO: Yeah. THE WITNESS: lt'sjust a list ofthe rooms. BY MR. Q. Okay. Do you know who prepared it or why it was prepared? A. have no idea. B. T. Golisauo - Examination by Mr. Rothenberg Q. Did there come a time in May of2014 after the meeting on the Laurel about the outdoor furniture, but before the final payment was made, that you met with Norma at your of?ce in the Rochester area? A. Would you ask me that again? MR. PEZZULO: Yeah. BY MR. ROTHENBERG: Q. Do you have a recollection of meeting with Norma at your office up here in the Rochester area, your Rochester of?ce, on or about May 28, 2014? Now, that date is a?er what the exhibit shows as the meeting at the boat and it's also before the date ofthe last check. So l'm trying to see if you remember a meeting in between those two events. A. No, I don?t. I was in Rochester though. I do know that. Q. How is it that you recall that? A. Because I come up in the last week in May. Q. Always? A. Pretty much, yeah. Q. Do you have a recollection as you sit here today of how it was that you received any of those what l'm going to call bilis, whether it's the typed bill, the handwritten labor bill or the handwritten summary COMPUTER REPORT ING SERVICE (585) 325?3170 3 7 145 B. T. Golisano - Examination by Mr. Rothenberg that had the ?rst page and then the handwritten page, do you have a recollection as you sit here today of how you received any of those? MR. PEZZULO: Excuse me, David. When you say ?typed bill," which one are you referring to? THE WITNESS: I think he's referring to this one here. MR. PEZZULO: Is it one of the exhibits? MR. Yeah, Exhibit 9. I mean, I can do that again -- MR. PEZZULO: No, no, please don't. Please don't. I?iust v? okay. BY MR. ROTHENBERGyou have a recollection of how you received received it? Q. Yes. A. You mean, howI physically received it? No, I have no idea how I received it. There's no fax numbers on this. So I don't know, but I do remember asking for it. Q. How is it that you recall asking for it? A. How is it that I recall? Q. Well, I mean, look. I?iust asked you about B. T. Golisano Examination by Mr. Rothenberg how you received these and you said you have no recollection, but then you immediately told me. I know I asked for this one exhibit. So what is it that causes you to have a speci?c recollection A. I think when I saw this document that had the $110,000 and the carpet on the top. Q. That would be 8. Exhibit 8. A. Yes. When I saw this one is when I became very curious about the detail ofthis. Q. Do you know whether 8 and 9 are duplicative?? A. Duplicative? Q. Yes. A. They are two different kinds of reports. Q. I mean, do they represent different items or are they two different bills about the same items? A. This is by product or service. This is by room. Q. You're indicating that 8 is by product or service and 9 is by room, correct? A. Yes. Yeah. For example. in guestsuite I, the headboard fabric for the built?in beds, the headboard fabric, no labor, nothing, $2400. MR. ROTH ENBERG: Maggie, I think we?Golisano - Examination by Mr. Rothenberg to 12. (ExhibitNo. i2 - letter from N. Goldman to T. Golisano - marked for identi?cation.) BY MR. ROTHENBERG: Q. I'm handing you what we've marked for identi?cation as Deposition 22. Do you see that? A. You just handed it to me. Yeshave a record, Mr. Golisano. i need the record to say that, "Yes, I have examined Exhibit 12." A. I. haven't examined it. I just got it. Q. Okay. Would you like to take a minute to examine it? A. You want should I read it all? Q. You can do whicheVer you please. A. You don?t mind ifit takes more than a minute? Q. ldon't mind. A. What is it, six pages? MR. PEZZULO: Should look Familiar. THE WITNESS: Go. BY MR. ROTHENBERG Q. So do you recognize Exhibit l2 as a copy ofa handwritten letter from Norma Goidman? A. Itliink so. 148 B. T. Golisano Examination by Mr. Rothenberg Q. And do you have a recollection as you sit here today that you received either the original or a fax of Exhibit 12 previously? A. I think so. Q. Now, take a look at the top. Do you see the date ot?Iune 4 in the fax signature line up there at the top? Do you see that? A. Okay. Q. And do you know whether you, in tact, received this Exhibit 12 on .lune 4, 20l4? A. I have no idea when 1 received it, I mean, going by the fax (late, if this was sent to me. MR. PEZZULO: Tom, I did go over this with you yesterday in detail. I want to make sure you're not con?ating the two, when you may have seen it or not seen it, because you told me yesterday the ?rst time you've ever seen it was yesterday a?ernoon. THE WITNESS: Yeah. I don't know, but go ahead. BY MR. ROTI-IENBERG: Q. wili represent to you so that you don't have to look at the exhibit that June 4th is, in tact, the same day on which Exhibit 4 reflects the ?nal payment COMPUTER REPORTING SERVICE 325?3170 (585) 3 8 25 149 B. T. Oolisano Examination by Mr. Rothenberg having been made. So my question is this -- A. Wait a minute. Hold it. Are you saying that this was given to me the same day she asked for the ?nal payment? O. No. l'm saying that June 4 is the same day as the exhibit reflects the ?nal payment. and it? you want to check that, go check it. MR. PEZZULO: was interpreting your question the same way, David, so i would object to that. i mean, the dates they're the same, they're the same. MR. ROTHENBERG: Well, you know, earlier when i asked him, "Take a look at this exhibit, doesn't this date appear," he was concerned. "Asked and answered. You already cleared that up with me." So l'm just trying to save time. MR. PEZZULO: I just want to make sure you're not trying to con?ate the two and say, "Well, guess what? Why did you pay the final check when you had her letter here in front of you?" MR. ROTHENBERG: Well, l'm going to ask that question. MR. PEZZULO: Okay. Then just B. T. Golisano - Examination by Mr. Rothenberg MR. ROTHENBERG: didn't ask it yet. MR. PEZZULO: I assumed that's where you're going. BY MR. ROTHENBERG: Q. Those two exhibits contain entries that are the exact same date, June 4, 2014, right? A. I don't know. Is the date up here a veri?abie datejust because it's on the fax machine? i don't know if this is -- this could have been a fax she sent to somebody elseuntil June 10th or -- MR. PEZZULO: And you're comparing with Exhibit 4, is that what you said? MR. ROTH ENBERO: i'm asking him -- listen. l'm not the witness. l'm not testifying. BY MR. ROTHENBERO: Q. Right now l'mjust showing you A. But you're asking me to draw conclusions that are difficult to Q. No. You keep assuming that you know what l'm asking you and that's not what l'm asking you. ljust want you to see that the two dates are the same. A. They're the same date. 150 awat?J 25 151 B. T. Golisano - Examination by Mr. Rothenberg Q. Great. Okay. A. This has a date ofJune 14th. This has a date ofJune 14th -- or 4th. If you ask me if! got them the same day, I have no idea. Q. Okay. What is your recollection ot?when you received Exhibit l2 in relation to the final payment? A. I can't answer that. [don't know, but obviously it was I got this afterl complained about this. Q. Okay. So the record doesn't show this. You're saying that you received Exhibit 12 after you had articulated complaints about Exhibit 9? A. I didn't say I received it. I said it was written. Q. So are you you don't recall receiving Exhibit 12? A. I really don't. It looks vaguely familiar, but then after you said that, is it vaguely familiar because I read ityesterday? I really don't remember this. Q. Okay. A. I?ll tell you what I I mean, I would remember this because there's a lot of BS in here, SO 152 B. T. Golisano Examination by Mr. Rothenberg Q. So you don't think you ever received it? A. I'm notsure. lcan'tansweryou. Q. Okay. I?ll askadifferent question: Did you ever write Norma Goldman anything in response to Exhibit 12? A. ldon't think so. Q. Did you ever designate anybody to write anything in response to Exhibit I2 prior to the time that Mr. Pezzulo ?rst wrote a letter on your behalf? A. I don't think! put anything in writing, but! think Norma knew how unhappy I was. Q. The day that you met with her to deliver the final check, what is your recollection about that meeting if any? A. She gave me the amount and i wrote the check. Q. Was anyone else present? A. Not that I remember. Q. Was Dave Still around? A. He was probably in the of?ce, but! don't think he was in the conversation. I Q. Do you remember -- A. Because that's his writing and I think that's his writing. Q. You're showing me Exhibit COMPUTER REPORTING SERVICE 32 5*3 17 (585) 39 bearer?I ?6103de (1"me 153 B. T. Golisano - Examination by Mr. Rothenberg A. Yeah. Q. What do you think is Still's writing? A. That. MR. PEZZULO: Yeah, but hold Tom, got to correct you with that. i think Dave provided that to me at some point in time after the lawsuit started. BY MR. ROTHENBERG: Q. Well, i mean,_iust the handwriting itself, do you recognize A. Well O. Hold on. Just listen to my question. Do you recognize the handwriting -- other than your own handwriting do you recognize the other handwriting on there as being Mr. Still's handwriting? A. No. i can't say for sure it's Dave Still's handwriting. I'm just going to send a text message. You got to stick with me for a second. Q. 1 will wait. A. Okay. Q. Okay. As you sit here today are you able to testify one way or the other whether the $58,000 check reflected on 4 was written before or after you saw Exhibit 12? B. T. Oolisano - Examination by Mr. Rothenberg A. [don't know. Q. i neglected to ask you this earlier. I'm sorry. I asked you il?you had testi?ed in a deposition and you told me yes. Have you ever testi?ed at a triai in front ofa jury or a_iuclge? A. Yeah. Q. On one occasion or more than one occasion? A. More than one. Q. Approximately how many? A. What difference does it make? Q. l'mjust interested in the answer to that. A. I'm not interested in telling you. Q. i don't want to drag you back For all of this stuff. i mean,just approximately how many times previously. A. Why do you want to know? Q. i don't need to tell you that. A. Then I don't need to tell you how many. Q. No, you're wrong, Mr. Golisano. have the responsibility otstrategically and tactically defending this case. So whatever my thought process is is not necessarily anybody else's business, but it? t'm asking a question and unless it's completely what the LL54 .moemwom mwat??OtooanmbmeOko 155 B. T. Golisano - Examination by Mr. Rothenberg law calls palpany irrelevant, you're supposed to answer. Now, your experience as a witness is relevant, so just give me a ballpark estimate of how many times you testi?ed at a trial. A. Less than 20. Q. See? Wasn't that easier? A. If you wanted a non?information answer it was easy. Q. The last time you met with Norma in -- strike that, because it wasn't the last time. You did have a meeting with Norma at the Vitoeh premises at the beginning ot?iuly, right? A. The date sounds right, yes. MR. PEZZULO: .luly of'l4? THE Yes. MR. ROTHENBERG: Yes. We'll get to that in two minutes. BY MR. Q. The meeting at your of?ce with Norma in early .lune of 2014, can you characterize the tenor of that meeting, was the meeting cordial, were there harsh words spoken? A. The meeting was fairly cordial and quick. 156 B. T. Golisano Examination by Mr. Rothenberg Q. Fair enough. A. The one in May you're talking about, or June or whatever it is? Q. Yeah, June. A. Yes. Q. Do you remember telling her in sum and substance at that meeting, "Just ?nish thejob"? A. No. Q. Did there come a time when you ever told Norma to stop billing you for your time? A. No. Q. Do you know whether Norma did, in fact, at some point in time cease billing you For her time? A. No. . MR. PEZZULO: Or you don't know. THE WITNESS: Yeah, i don't know. BY MR. Q. Alter .lune 4 -- strike that. A?er the check, the June 4 check that's re?ected on Exhibit 4 was paid did you receive any additional bills from Norma or ?'om Vitoch? A. Not thatI know of. Q. is there anything else from the June 4, 2014 meeting that you can recail? COMPUTER RE PORTING SERVICE (585) 325?3170 ?Golisano - Examination by Mr. Rothenberg A. I don?t know when I got this. Q. Exhibit 9? A. Yes. Whether it was before or after or during, but it wasn't until I started analyzing this and doing research that I began to ?nd out how bad this was. MR. ROTHENBERG: Can we mark this 12A please? (Exhibit No. 12A - notes - marked for identi?cation.) BY MR. ROTHENBERG: Q. I'm handing you a one page exhibit that we've marked For identification as 12A. It's a typed document. I will represent to you it was provided to me by your counsel. Can you identi?r A. It looks like a list from the crew ofissues we had with the job as ofJunc 24th. Q. Do you know who prepared A. I have no idea, but I assume the captain and the purscr were they were the main ones always involved in this. Q. Do you have a recollection of'instructing them to prepare I 158 B. T. Golisano - Examination by Mr. Rothenberg A. I mighthaVe. Q. And 12A contains a hal'l?a dozen bullet points, correct? A. Yup. Q. And there is for each one of them an arrow that indicates something, correct? A. Yes. Q. So some ot?them say, "Fixed," right? A. Yes. Q. Some say, ?Return to Norma," right? A. Yes. Q. And it bears a date ot?June 24, 2014. 80 according to your testimony that would have been alter the boat sailed; is that right? A. Yes. Q. When the boat sailed from Florida that year were you on the boat? A. Yes. Q. Were you at all involved in the creation or the review ol? i2A; in other words, did you walk through and look at these items and tell people what to put down or anything like that or did you just delegate and tell somebody to do it? A. I knew about all of these itemsL?wai??me?dmt?waI??OO 159 B. T. Golisano - Examination by Mr. Q. Okay. Fair enough. A. I didn?t know about the blanket, number 2, in the master suite. Anyway, go ahead. Q. Okay. You recall that there was a meeting at the Vitoch premises on or about July I, 2014, correct? A. Yes, sir. Q. Okay. How did that meeting come about? A. I called Norma anti 1 said I wanted to see her and I wanted to have available to her or to us somebody in a ?nancial position that can review invoices. Q. And who attended the meeting? A. Norma, myself, Monica and a woman I think in the ?nancial bookkeeping position. Q. Somebody at Vitoch, right? A. Somebody at Vitoeh. Q. And what is your recollection about who said what to whom at the meeting? A. it's very basic. I felt I was totally overcharged and there was no indication of any bene?ts, discounts ol?sharing paying wholesale, none ofthat, and I asked to see the invoices. Norma also indicated at the time that she marked up the labor too for the mechanical things. 1 60 B. T. Golisano Examination by Mr. Rothenberg I asked to see invoices and they wouldn't show me any. Q. Other than that do you remember anything happening at the meeting? A. Happening? Q. Well, anything -- all right. l'il rephrase that. Other than that do you recall anything being said at the meeting? A. That was the gist of the meeting and it wasn't very tong, so -- Q. What is your recollection ofhow long the meeting occurred? A. 20 minutes, halfhour. Q. Did you at any time tell Norma strike that. Did you raise any ot?the complaints that are reflected on 12A when you were at the July meeting? A. I would have, but that was not the main conversation at all. Q. Do you recall at any time telling Norma that if she ?xed all this stu if at no cost you would accept that in lieu of suing her? A. Absolutely not. $400,000 as opposed to ?xing a few ofthese items? Come on. COMPUTER REPORTING SERVICE 32 5?317 0 (585) ll 4 1 mdmmawmw i?Ii?ai?Ii?Ii?Ii?Golisano Examination by Mr. Rothenberg Q. Where did $400,000 come From by the way? A. It's very simple. Q. Go ahead. A. The research that I did relatiVe to the pricing is that all ol'tbe items -- most of the items, 95 percent of the items, materials, were marked up from at least 100 percent, some ot'tbem 200 percent. Okay? And the information was derived from other sources on the pricing of these materials. Q. Okay. A. And her reluctance to show me the invoices just veri?es to me that she didn't want me to see them for obvious reasons. Q. Butjust in terms of the number, is it Fair to say that's sort ol~ an estimate oi? what you believe the markup was on all oFtbis? A. Well, I can't do it exactly, but I think that we probably erred in Vitocb's and Norma's favor because the people that supplied us with the research don't have the buying poWer that Vitoch and Norma have. So we think it might even be worse, but her unwillingness to show me the invoices of which I was supposed to be sharing discounts told me right off B. T. Golisano Examination by Mr. Rothenberg she?s hiding it, baby. So ?gure out your defense on that one. Q. I will. Thank you. Was there any discussion at the July meeting of any of the speci?c complaints, the stuff you told me about, like the carpeting or the upholstery or any of that kind ol?stut?f?? A. There might have been, but it was irrelevant. Q. Okay. That's not my question. A. Well, you keep asking the same question and I keep telling you it's irrelevant. Now my voice is getting loud. Q. That's okay. i can understand that. The Laurel returned to Florida at some point in time, correct? A. Must have. It's there now. Q. And do you recall that it returned to Florida in or about January ot?2015? A. Approximately, yes. Q. Do you know it?Norma ever visited the Laurel alter it returned to Florida in 2015? A. I have no idea. I don't think so. Q. Do you know whether Norma did any work to remedy any ofyour complaints or any ofthe stuff commune:me mmez?Iomcoummbcomr?oko 162 163 B. T. Golisano - Examination by Mr. Rothenberg that?s on 12A after the boat returned in January of 2015? A. I really don't know. Q. I assume, Mr. Golisano, that this visitor list would tell us if, in fact, Norma got access to the Laurel after January of 20 i 5? A. Well, I wouid ifsbe told us she did I Would believe it. Q. Okay. Do you remember any discussion with either with anyone about replacing carpeting that had been stained while the Laurel was under sail and being chartered? A. We had carpet damage. I don't know if we replaced it or got it cleaned. I'm not sure. i don't know. Q. And do you have a recollection whether that work, whether it was cleaning or replacement, was done at your cost or at Norma?s cost? A. I think it was done at our cost. Q. Do you know, sir, alter January of2015 if any goods on the boat were replaced by or on behalt?ot? Norma? A. I don't know of any. Doesn?t mean it didn't happen, but I don't know ofany. 164 B. T. Goiisauo - Examination by Mr. Rothenberg Q. If there was a replacement, however, you did not receive a bill from Norma or from Vitoch for anything after January 2015, correct? A. As far as I know, no. Q. Did you ever have any agreement with Norma Goldman that it'she addressed all ot?your compiaints or your agent's complaints that you would refrain from suing her? A. Absoluteiy not. Q. Did you ever have any conversation of any kind with Norma where you threatened to sue her? A. I think so. Q. What is your recollection about that conversation? A. I mentioned I I'm sure my recollection is basically why I think] should be suing her, that she did not live up to her end of the contract and I think she made close to $400,000 on this deal, plus the 34,000, and I said it's excessive and you did not deliver your word to me about not receiving large or any markups on all the merchandise. Q. When did you have that conversation? A. I have no idea, but I'm sure it was afterl got back in July. COMPUTER REPORTING SERVICE (585) 325m3170 4 2 (numeric.me mwaHOkomemmwaHow I?tr?Ir?Ir?rwr?Ii??t??r?It?t 20 '9 "1Golisano - Examination by Mr. Rothenberg Q. After the ship had sailed? A. Tire ship sailed? Who are you, Chartie Sheen? That?s his favorite expression. Sorry. Which sailing, the June sailing? MR. PEZZULO: Yeah, David. That's -- MR. ROTHENBERG: l'll rephrase the question. BY MR. ROTHENBERO: Q. This conversation in which you discussed lawsuit, is it your recollection that that conversation occurred alter the Laurel sailed from its dock in Florida in or about .lune of20l4? A. Yeah. It probably happened at the July meeting that we?ve been discussing for the last 20 minutes. Q. So then it would have been also alter the final payment had been made on or about June 4th? A. Correct. Yeah. Q. And just a couple more questions here. When -- strike that. I've gotten a pile you're telling me to be quiet? I'm sorry. A. Your voice is growing. B. T. Golisano - Examination by Mr. Q. Sorry. Sorry. So I have received a pile ofe-mails and told your counsel did not have time to review the pile of e?mails before today and i am going to do that, but my question is this: When was -- strike that. Assuming Norma was in e-mail correspondence with Captain Mark Dlekman A. Dieltman. Q, Diekman, excuse me. Would you agree with me that Diekman was acting as your agent when he was corresponding -- A. Is that a technical term? Q. Well. it is a technical term. A. Well, could you de?ne it for me before I answer it? Q. l'll ask it a different way. Throughout the period that we're talking about here. end of20l3 through today. has Mr. Diekman remained your employee? A. Yes. Q. And would it have been within the scope of his employment to deal with Norma Goldman about the refurbishment about the Laurel? A. Ofcourse. She was always consulting with OOxJO?rL?rbwmiGolisano Examination by Mr. him -- Q. Fair enough. A. to ?nd out details about the boat. Q. And would it also have been within the scope of your purser?s employment to deal with Norma Goldman about the r'etirrbishment? A. Yes. Q. Same question for the chief stewardess, would it -- A. No. Chief steward, I don't know where that came from. MR. PEZZULO: Melanie did have some communications with Norma. THE With Norma? MR. PEZZULO: Yeah. THE WITNESS: It couldn't have been much, but I assume you're right. MR. PEZZULO: Ask your question, David. l'm sorry. BY MR. ROTHENBERO: Q. So the question would be, and don't know this fora fact because I haven't gone through them, but if the chief steward Melanie was e-mailing Norma about the topic of refurbishing the Laurel, would that 168 B. T. Golisano Examination by Mr. Rothenberg have been within the scope ofher' employment also? A. Probably, it had nothing to do with the contract for billing. MR. ROTHENBERG: Okay. Mr. Golisano, thank you. We're done for today. i appreciate your patience. I will be requesting additional documents. MR. PEZZULO: Okay. MR. ROTHENBERG: {also need to go through the e-mails. The one thing that told Mr. Pezzulo was that, so as to minimize inconvenience, ifwe have further deposition 1 would agree to conduct that through FaceTinie or -- you know, I'm not a great one for modern technology, but there are ways to do this without having you present here in Rochester, although it's, of course, my preference to do it here and we'll try to arrange that. THE WITNESS: You better do it before Saturday morning. MR. PEZZULO: You didn't hear what he said, FaceTimc, but go ahead, David. THE WITNESS: I'm leaving Saturday morning. COMPUTER REPORTING SERVICE 325-3170 (585) I 43 mummeMi?r MwaHOmm?ab?waE??OQ t??k?ll??t?Jt??H monitor?rose Gotisano Examination by Mr. Rothenberg MR. ROTHENBERG: We're not going to get to it by Saturday morning. THE WITNESS: How many more months do you think we'll get to some sort of conclusion here? MR. Well, that will depend on both of us. MR. PEZZULO: Give me your document request and MR. ROTHENBERG: And I'm just indicating that l'm witling to talk to Mr. Pezzulo about doing the second day of deposition which I anticipate by some sort of video conference, although that will depend on the volume oi'documents that we have to examine. ljust wanted to state that for the record. l'm not asking for any concession or agreement on that. Okay. Thank you. 170 B. T. Golisano Examination by Mr. Rothenberg REPORTER CERTIFICATE I, Margaret R. Crane, do hereby certify thatI did report in stenotype machine shorthand the proceedings held in the above-entitled matter; Further, that the foregoing transcript is a true and accurate transcription of my said stenographic notes taken at the time and place hereinbefore set forth. Dated Tuesday, December 29, 2015 At Rochester, New York 8/ Margaret R. Crane Margaret R. Crane mwaHOkOCdeUWr-bmml?JOKO 171 B. T. Golisano - Examination by Mr. Rothenberg WITNESS CERTIFICATE STATE OF NEW YORK COUNTY OF I, B. Thomas Golisano, do hereby certify that I have read the transcript of my testimony as taken under oath on Wednesday, December 23, 2015 and that said transcript is a true, complete and correct record of what was asked, answered and said during said deposition, and that the answers on record therein, and as may be modified in conformity with the attached errata sheet, are true and correct. Subscribed and sworn to before me this day of Notary Public 172 B. T. Golisano Examination by Mr. Rothenberg In the Matter of: B. THOMAS GOLISANO, Plaintiff, Index No. ?vs- 20] 5- 10706 INTERIORS, LTD, ARTHUR VITOCH and NORMA I. GOLDMAN, Defendants. Errata sheet for the examination before trial of B. Thomas Golisano taken on Wednesday, December 23, 2015. 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