FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
` SUPREME COURT: ALL COUNTIES
` WITHIN THE CITY OF NEW YORK
`
`Page 254
`
` IN RE: NEW YORK CITY :
` ASBESTOS LITIGATION :
` : DEPOSITION UPON
` This Document Applies To: : ORAL EXAMINATION
` : OF
` JOSEPH LEMANSKI : JOSEPH LEMANSKI
` : (VOLUME III)
` INDEX NO.: 190051/20 :
` ---------------------------------
`
` T R A N S C R I P T of the
` videoconference and telephonic deposition of
` JOSEPH LEMANSKI, called for Oral Examination in
` the above entitled action, by and before KERRY D.
` HALPERN, a Notary Public and Shorthand Reporter,
` on Friday, June 5, 2020, commencing at 1:06 p.m.
`
` Priority-One Court Reporting Services, Inc.
` 290 West Mt. Pleasant Ave, Suite 2260
` Livingston, New Jersey 07039
` (718) 983-1234
`
` Job No. NJ4134252
`
`Priority-One Court Reporting Services Inc. – A Veritext Company
`718-983-1234
`
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`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Page 255
`
`Page 257
`
`1 A P P E A R A N C E S (Cont'd ):
`
`23
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` FOR THE DEFENDANT BLACKMER:
`4 MALABY & BRADLEY, LLC
` BY: SALIA B KHWAJA, ESQ
`5 150 Broadway
` Suite 600
`6 New York, New York 10038
`
` FOR THE DEFENDANT IMO INDUSTRIES, INC :
` FOR THE DEFENDANT WARREN PUMPS LLC:
`
`78
`
`9
`
` LEADER BERKON COLAO & SILVERSTEIN, LLP
`10 BY: BRIAN CIFUENTES, ESQ
` 630 Third Avenue
`11 New York, New York 10017
`12
`13 FOR THE DEFENDANT CRANE CO :
`14 PASCARELLA DiVITA PLLP
` BY: STUART BERGER, ESQ
`15 2137 Route 35, Suite 290
` Holmdel, New Jersey 07732
`
`16
`17
`
`18
`
` FOR THE DEFENDANT AURORA PUMP COMPANY:
`
` THE COOK GROUP
`19 BY: HANSON D HORN, ESQ
` 64 Beaver Street, Suite 201
`20 New York, New York 10004
`21
`
` FOR THE DEFENDANT VIACOMCBS INC :
`22 FOR THE DEFENDANT FOSTER WHEELER LLC:
`23 TANENBAUM KEALE, LLP
` BY: WILLIAM T MIEDEL, ESQ
`24 Three Gateway Center, Suite 1301
` 100 Mulberry Street
`25 Newark, New Jersey 07102
`
`1 IT IS HEREBY STIPULATED AND AGREED
`2 by and between the attorneys for the respective parties
`3 hereto that filing, sealing and certification of the
`4 within Examination Before Trial be waived; that all
`5 objections, except as to form, are reserved to the time
`6 of trial.
`7 IT IS FURTHER STIPULATED AND AGREED
`8 that the transcript may be signed before any Notary
`9 Public with the same force and effect as if signed before
`10 a Clerk or Judge of the Court.
`11 IT IS FURTHER STIPULATED AND AGREED
`12 that the within examination may be utilized for all
`13 purposes as provided by the CPLR and Part 221 of the
`14 Uniform Rules for the Conduct of Depositions.
`15 IT IS FURTHER STIPULATED AND AGREED
`16 that all rights provided to all parties by the CPLR shall
`17 not be deemed waived and the appropriate sections of the
`18 CPLR shall be controlling with respect thereto.
`19 IT IS FURTHER STIPULATED AND AGREED by and
`20 between the attorneys for the respective parties hereto
`21 that a copy of this Examination shall be furnished,
`22 without charge, to the attorney representing the witness
`23 testifying herein.
`24
`25
`
`Page 256
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`Page 258
`
`1 A P P E A R A N C E S (Cont'd ):
`2
`
` FOR THE DEFENDANT CARRIER CORPORATION:
`
`3
`
` GORDON REES SCULLY MANSUKHANI LLP
`4 BY: KEITH O'CONNOR, ESQ
` One Battery Park Plaza
`5 28th Floor
` New York, New York 10004
`
` FOR THE DEFENDANT BW/IP:
` FOR THE DEFENDANT GARDNER DENVER:
`
`678
`
`9
`
` SEGAL, McCAMBRIDGE, SINGER & MAHONEY, LTD
`10 BY: ANDREW WELLS, ESQ
` 850 Third Avenue
`11 Suite 1100
` New York, New York 10022
`
`12
`13
`
` FOR THE DEFENDANT UNION CARBIDE:
`14 FOR THE DEFENDANT EATON:
`15 DARGER, ERRANTE, YAVITZ & BLAU, LLP
` BY: ERIC STATMAN, ESQ
`16 116 East 27th Street at Park Avenue
` 12th Floor
`17 New York, New York 10016
`18
`19 FOR THE DEFENDANT GOULDS PUMPS LLC:
`20 CULLEN AND DYKMAN, LLP
` BY: DANIEL CERRITOS, ESQ
`21 44 Wall Street
` New York, New York 10005
`
`22
`23
`24
`25
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`1 A P P E A R A N C E S:
`2
`
` FOR THE PLAINTIFF:
`
`3
`
` WEITZ & LUXENBERG, P C
`4 BY: ERIK JACOBS, ESQ
` 700 Broadway
`5 New York, New York 10003
`6
`
` REYES, O'SHEA & COLOCA, LLC
`7 BY: DANIEL F O'SHEA, ESQ
` 5599 South University Drive
`8 Davie, Florida 33328
`9
`10
`
` FOR THE DEFENDANT JENKINS BROTHERS:
`
`11
`
` CLYDE & CO
`12 BY: KEVIN McCAFFREY, ESQ
` The Chrysler Building
`13 405 Lexington Avenue
` New York, New York 10174
`
`14
`15
`16
`
`17
`
` FOR THE DEFENDANT FMC CORP :
`
` KELLEY, JASONS, MCGOWAN, SPINELLI, HANNA
`18 & REBER, LLP
` BY: STEVEN L EYCHNER, ESQ
`19 120 Wall Street, 30th Floor
` New York, New York 10005
`
`20
`21
`
`22
`
` FOR THE DEFENDANT AIR & LIQUID SYSTEMS CORP :
`
` WILBRAHAM, LAWLER & BUBA, ESQS
`23 BY: JESSICA A REENOCK, ESQ
` 140 Broadway, 46th Floor
`24 New York, New York 10005
`25
`
`2 (Pages 255 - 258)
`Priority-One Court Reporting Services Inc. – A Veritext Company
`718-983-1234
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Page 259
`
`Page 261
`
`1 JOSEPH LEMANSKI,
`2 residing at 8100 NW 11th Court,
`3 Pembroke Pines, Florida having
`4 previously been duly sworn, was
`5 examined and testified as follows:
`
` EXAMINATION
`
`67
`
`89
`
` Mr. JACOBS: This is Erik
`10 Jacobs from Weitz & Luxenberg. Today
`11 is June 5, 2020. We are going to
`12 resume the deposition of Joseph
`13 Lemanski, a New York City in extremis
`14 case. Today is now Friday. If there
`15 are no other statements, we will allow
`16 defense counsel to proceed with the
`17 examination.
`18 MR. McCAFFREY: Anyone else
`19 have anything for the record before we
`20 start?
`21 BY MR. McCAFFREY:
`22 Q. Mr. Lemanski, can you hear me
`23 okay?
`24 A. Yes, I can.
`25 Q. All right, great. It's still
`
`Page 262
`1 Kevin McCaffrey here. I know you can't see me.
`2 We had some technical issues. Maybe I can get
`3 on the video a little later, but as long as you
`4 can hear me, that's great. Hopefully, we will
`5 be able to get on a little later. Okay?
`6 A. All right.
`7 Q. Now, just to give you a reminder,
`8 you are still under oath. You understand that,
`9 right?
`10 A. Yes.
`11 Q. Okay. And, again, if you don't
`12 understand a question, just let me know and I
`13 will have the court reporter read it back for
`14 you, okay?
`15 A. Thank you.
`16 Q. All right. You've been doing
`17 great so far.
`18 Now, yesterday when we left off, we
`19 were talking about your work at Florida East
`20 Coast Railway. Do you remember that?
`21 A. Yes, I did.
`22 Q. All right. And we were talking
`23 about the various types of work that you
`24 performed there between 1956 and 1960, right?
`25 A. Yes.
`
`1 I N D E X
`
`2 3
`
` WITNESS: JOSEPH LEMANSKI
`4 EXAMINATION PAGE
`5 Mr. McCaffrey 261
`
` EXHIBITS:
`
`6 7 8
`
`9
`
` NUMBER DESCRIPTION PAGE
`
`10
`11
`12
`13
`14
`15 QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER:
`16 PAGE LINE
`17 None
`18
`19 INFORMATION TO BE SUPPLIED:
`20 PAGE LINE
`21 281-5
`22
`23
`24
`25
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`Page 260
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`1 MOVE TO STRIKE:
`2 PAGE LINE
`3 None
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`45
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` OPPOSE THE MOTION
`6 PAGE LINE
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`89
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` MARK FOR RULING:
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`3 (Pages 259 - 262)
`Priority-One Court Reporting Services Inc. – A Veritext Company
`718-983-1234
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`

`

`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Joseph Lemanski
`
`Page 263
`1 Q. Okay. And we talked about a bunch
`2 of things and the last thing we were talking
`3 about was your work at the main station. Do
`4 you remember that?
`5 A. Yes, I do.
`6 Q. Okay. And I believe, I'm not sure
`7 if we finished talking about the main station,
`8 but you were discussing where the main station
`9 was located and some of the fixtures that were
`10 there. But let me just ask you right now, do
`11 you recall the various types of work you did
`12 when you were at the main station during your
`13 time with Florida East Coast?
`14 A. Well, I would go down there when
`15 they requested me to go there. I would work
`16 on, like, the water cooler and whatever they
`17 had a problem with I would fix it for them.
`18 Like a toilet flush valve that wouldn't run or
`19 didn't, I used to take it apart and fix it, put
`20 it back together, change a gasket, stuff like
`21 that. I would hop on the train and then would
`22 ride it back to Hialeah --
`23 Q. Okay.
`24 A. -- passenger yard and I can get
`25 off it right there. The diesels came there I
`
`Page 264
`1 used to maintain. Oh, I'm talking. They told
`2 me just to answer --
`3 Q. You're doing great. Right now,
`4 we're just talking about the main station. So
`5 far you mentioned work with water coolers and
`6 also bathrooms and toilets. Is there any other
`7 work that you personally performed at the main
`8 station?
`9 MR. O'SHEA: Is there any
`10 other work that you performed?
`11 A. If they asked me to fix the faucet
`12 or something, I would fix it. I knew what kind
`13 of stuff they had in the restrooms. I had a
`14 sack with gaskets and things to change
`15 different things.
`16 Q. Okay. So far you mentioned work
`17 with water coolers, toilets, faucets and
`18 gaskets.
`19 A. Yes.
`20 Q. Is there anything else that you
`21 personally did when you were working at the
`22 main station?
`23 A. Well --
`24 MR. O'SHEA: The main station?
`25 A. No. I just did whatever they
`
`Page 265
`
`1 asked me to do.
`2 Q. Okay. If you remember anything
`3 else, you can let me know. I'll ask you about
`4 what you told me so far. Let's start out with
`5 your water cooler work. Can you describe for
`6 me what you did with the water coolers at the
`7 main station?
`8 A. Water cooler, I can't -- I used
`9 to -- I am trying to figure what I did. I just
`10 did everything they asked me to do. Sometimes
`11 we would have to change it out because the
`12 thermostat would freeze up and it would break,
`13 so we would send it back to the shop where they
`14 put the freon in it and stuff like that --
`15 Q. Okay.
`16 A. -- change the water cooler. I
`17 un-stopped the -- for the water and things with
`18 a plunger and things. I just went around and
`19 did the things they asked me to do. I loved
`20 working for the railroad.
`21 Q. Okay. Let me ask you this, do you
`22 remember the brand name, trade name or
`23 manufacturer's name of any water coolers?
`24 A. What is that big company, Crane.
`25 I can't remember.
`
`Page 266
`
`1 Q. Okay. Again, if you remember
`2 later, you can tell me. Now, do you --
`3 A. Okay.
`4 Q. -- recall the brand name, trade
`5 name, or manufacturer's name of any of the
`6 thermostats you worked with at the main
`7 station?
`8 A. Honeywell. It's a big company.
`9 Oh, God. I just can't recall right at this
`10 moment. It's a big company.
`11 Q. Okay. Again, if you remember
`12 later, you can tell me later.
`13 A. I just can't recall.
`14 Q. That's fine, sir, that's fine.
`15 Let's move on to the work that you performed
`16 when it came to bathrooms and toilets. Do you
`17 remember any sort of asbestos that would have
`18 been involved with any of that work?
`19 A. Not really. I don't remember any
`20 as -- I wasn't aware -- I was just aware of
`21 doing my job and, quite frankly, asbestos never
`22 came into my mind until I got mixed up with
`23 what's going on now. I never even thought it.
`24 Q. Let me ask you this questions,
`25 sir, a couple of minutes ago you mentioned
`
`4 (Pages 263 - 266)
`Priority-One Court Reporting Services Inc. – A Veritext Company
`718-983-1234
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Joseph Lemanski
`
`Page 267
`1 gaskets. What were you doing with gaskets at
`2 the main station?
`3 A. The Crane Co. was one of them and
`4 Honeywell.
`5 Q. Okay, sir. My question is, what
`6 were you actually doing with gaskets at the
`7 main station, what was your work with gaskets?
`8 A. You take the faucet apart, and you
`9 take a screwdriver, and you would take out the
`10 round gaskets, you know, and I'd have, I used
`11 to carry it with me, what was needed to fix
`12 toilets, sinks and stuff and I would put it
`13 together. I used to -- when I was putting
`14 stuff together, I always carried some White
`15 Grease and I would grease stuff up, so that
`16 when it had to be repaired again you could take
`17 it apart easy.
`18 Q. Let me ask you this, sir. Do you
`19 know the brand name, trade name or
`20 manufacturer's name of any of the gaskets that
`21 you used at the main station?
`22 A. The name of the gaskets, I know a
`23 lot of the fixtures were all American Standard.
`24 MR. O'SHEA: He wants to know
`25 who made the gaskets that you used at
`
`Page 269
`
`1 off and stuff. It's a good thing we didn't
`2 throw them away. We rebuilt them. I had this
`3 old gentleman with me, a German guy, I can't
`4 remember his -- anyhow --
`5 Q. Okay. Let me ask you this, sir:
`6 What exactly did you do with these pot belly
`7 stoves?
`8 A. Well, we disassembled them. They
`9 thought they were going to do everything
`10 electric. That was a failure. It wound up
`11 good that we didn't throw them away. I went
`12 back down there with this old guy and
`13 reassembled it for them. It was cold for them
`14 the switch, that big switch house where you
`15 throw all the levers all around for the tracks
`16 to go over and all.
`17 Q. Okay. Let me ask you this, sir:
`18 You mentioned work with pot belly stoves. Were
`19 these located at the main station?
`20 A. Yeah.
`21 Q. Okay. Any reason to believe that
`22 your work with those stoves would have exposed
`23 you to asbestos?
`24 A. Not that I can recall.
`25 Q. Okay. Do you happen to know the
`
`Page 268
`
`1 that location, just that location, if
`2 you recall.
`3 A. I don't recall. The gaskets I had
`4 I would order from the storehouse in Hialeah
`5 where I worked and they would provide me --
`6 they did the buying of the gaskets for me, and
`7 I carried a whole kit, a mixture of all
`8 different kinds of gaskets, so I could fix any
`9 kind of valve. And I --
`10 MR. O'SHEA: Let's wait for
`11 his question.
`12 THE WITNESS: Oh, I'm sorry.
`13 MR. O'SHEA: That's okay.
`14 THE WITNESS: I don't want to
`15 mess him up.
`16 Q. You're doing great. We talked
`17 about work in the main station that included
`18 water coolers and bathrooms. Is there any
`19 other work that you did at the main station or
`20 have we covered it all now?
`21 A. Well, at one time down there they
`22 went electric with a lot of stuff and I
`23 disassembled pot belly stoves, I can't remember
`24 what they call it, that used to do the heating
`25 which was a big mistake when the electric went
`
`Page 270
`1 brand name, trade name or manufacturer's name
`2 of any of those stoves?
`3 A. Well, pot belly stove. I know
`4 they came from many years. The railroad was
`5 started in the 1800s, I guess.
`6 Q. Okay. If you remember the name,
`7 you can tell me later, okay?
`8 A. All right.
`9 Q. Now, you also just a minute ago
`10 mentioned a switch house. Was there a switch
`11 house -- are you talking about a switch house
`12 in the main station or somewhere else?
`13 A. Well, it wasn't in the main
`14 station. There was a big building where they
`15 would throw the switch which would make the
`16 tracks go over. It was a massive bunch of
`17 switches that's coming in the station and that
`18 came by air pressure. I used to repair the air
`19 pipes outside and all. I'm a certified welder
`20 and I can burn metal, brass, braze all that
`21 stuff that I learned on the ship and all, and I
`22 was able to fix everything.
`23 Q. Okay. Now, you mentioned, it was
`24 hard for me to understand, did you say that you
`25 repaired air boxes at the switch house?
`
`5 (Pages 267 - 270)
`Priority-One Court Reporting Services Inc. – A Veritext Company
`718-983-1234
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Joseph Lemanski
`
`Page 271
`
`1 MR. O'SHEA: He's just asking
`2 you if you said air boxes. Did you
`3 say air boxes?
`4 A. What am I saying now? Where the
`5 switches are, you would have a box there, and
`6 the air comes through the pipes when they send
`7 the, whatever switch goes over, and they do
`8 that at the switching tower which is a
`9 different building outside in the station.
`10 Q. Okay. Let me ask you this, sir.
`11 Do you believe you worked with any
`12 asbestos-containing products when you were
`13 working in the switch house?
`14 A. Not that I can recall, but...
`15 Q. Okay. Let me ask you this: Did
`16 you actually perform any work in the switch
`17 tower?
`18 A. Yeah. Whenever they needed
`19 something done, I did it.
`20 Q. And what did you do in the switch
`21 tower?
`22 A. Sometimes it something had to be
`23 re-bolted to the floor or lubricated where they
`24 build the switch. Everything was like hands,
`25 you know, like back in those days. The
`
`Page 273
`1 would start adding more cars to the trains, and
`2 foolishly when they let the cars sit on the
`3 side without draining the condensate water from
`4 the steam that used to be in it they would
`5 crack. I would electric weld patch, so we
`6 could use the car and we would cut it into the
`7 train. It was very hectic. And I would run
`8 around and weld up as much, along with other
`9 people -- passenger's feet where there's water
`10 where somebody could slip, so I would weld up
`11 stuff because when water is left in the pipes
`12 and it gets 30 below or something in the winter
`13 you've got to remember the station is right on
`14 the Hudson River. So the ferry boat would go
`15 across Manhattan back and forth. They had all
`16 the cars stored there. I would weld up all the
`17 leaks and all.
`18 Q. Okay, sir. Let me ask you this,
`19 sir: You just mentioned the Hudson River, but
`20 I am only asking you questions right now about
`21 your time working on passenger cars when you
`22 were working on Florida East Coast Railway.
`23 A. All right.
`24 Q. Can you just describe for me what
`25 work you did on passenger cars when working for
`
`Page 272
`1 railroads were made in the 1800s, I guess.
`2 Q. Okay. Let me ask you this: Do
`3 you believe you worked with any
`4 asbestos-containing products in the switch
`5 tower?
`6 A. Not that I could be aware of right
`7 now. I wasn't looking for asbestos. I just
`8 went and did my work.
`9 Q. If you think of something later,
`10 you can tell me later, okay?
`11 A. Okay, I certainly will.
`12 Q. Okay. So the last type of work
`13 that you mentioned yesterday that you performed
`14 when you were employed by Florida East Coast
`15 Railway was work on the train cars.
`16 A. Yes.
`17 Q. Did you work on the train cars
`18 too?
`19 A. Yes, passenger cars, yes.
`20 Q. Okay. Can you just describe for
`21 me what sort of work you did on passenger cars?
`22 A. Well, they had steam pipes on the
`23 train -- on the cars standing and a lot of
`24 times they would have the cars standing on the
`25 side and then when it got bad weather, they
`
`Page 274
`
`1 Florida East Coast Railway?
`2 A. Well, we had heavy weight cars.
`3 We then had also Budd cars. They had a motor
`4 in each one of them. They ran them up and
`5 down. They were stainless steel. The heavy
`6 weight cars are all steel riveted. I think
`7 they made them before they even knew how to
`8 weld.
`9 THE WITNESS: I hope I'm not
`10 wasting his time.
`11 MR. O'SHEA: Don't worry.
`12 Q. No. That's great, sir. You're
`13 doing great. Let me just ask you this: Do you
`14 believe any of the work that you performed on
`15 passenger cars during your time with Florida
`16 East Coast involved working with or around any
`17 asbestos-containing products?
`18 A. Certainly. Underneath the car you
`19 have the steam pipes coming from the choo choo
`20 engine, all under there, and you had to take
`21 the copper, and you had to open them up, blow
`22 it out and find the crack, weld it, stuff like
`23 that. Sometimes --
`24 Q. Okay.
`25 A. Sometimes if the crack was in the
`
`6 (Pages 271 - 274)
`Priority-One Court Reporting Services Inc. – A Veritext Company
`718-983-1234
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Joseph Lemanski
`
`Page 275
`1 back of the pipe, I would take a burning torch.
`2 I would cut a little window. I took a welding
`3 rod and stuck it the piece I cut out. Because
`4 if the crack was around the back where you
`5 couldn't get to the back crack of the pipe, you
`6 take this window that you cut in there with a
`7 burning torch, put it on the side, and you
`8 electric weld the crack from the inside, and
`9 then you take the square and reweld that back
`10 in, so you got the crack from the back. You
`11 can't take the whole pipe out. But --
`12 Q. Okay. Let me ask you this
`13 question, sir: What was it about this work
`14 with steam pipes that you believe exposed you
`15 to asbestos?
`16 A. Well, everything like under the
`17 car is covered with asbestos and we would blow
`18 all that dust off. They had air pipes all
`19 around that work the switches where they throw
`20 the switches in the switch house and -- let's
`21 see. And you would blow all that -- that's all
`22 I ever put on was my railroad handkerchief.
`23 But everything I blew out probably had asbestos
`24 dust, but I wasn't even knowing about asbestos.
`25 I just was interested in doing what I had to
`
`Page 277
`
`1 A. Sure. Everything that was
`2 insulated was insulated with asbestos which was
`3 the best insulation.
`4 Q. Okay. And do you remember the
`5 brand name, trade name or manufacturer's name
`6 of any of that insulation?
`7 A. I don't recall they had a name I
`8 could see. But some was made by the biggest
`9 asbestos manufacturers from what I heard, what
`10 I'm hearing, knew at the time it wasn't good
`11 for your lungs, but they were making a lot of
`12 money making asbestos.
`13 Q. Okay.
`14 MR. McCAFFREY: Move to strike
`15 the non-responsive portions.
`16 Q. All right, sir. I think we talked
`17 about everything that you originally told me in
`18 terms of your work on the Florida East Coast
`19 Railway. Just to recap, you told me about
`20 working in the roundhouse, and the diesel shop,
`21 the main station, and also train cars, and also
`22 the powerhouse, and also in the steam tunnel.
`23 Is there any other work that we
`24 haven't talked about that you performed during
`25 your employment with Florida East Coast
`
`Page 276
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`Page 278
`
`1 do.
`2 Q. Okay. Let me ask you this
`3 question, sir, just so we're on the same page,
`4 do you believe you were exposed to asbestos
`5 from insulation that was covering steam pipes
`6 underneath the cars?
`7 A. Yes.
`8 Q. Okay. Do you remember the brand
`9 name, trade name or manufacturer's name of any
`10 of that insulation?
`11 A. I never saw any that I could
`12 remember the names on it. It was just there,
`13 the covering.
`14 Q. Okay. Let me ask you this: Have
`15 we now talked about all the work that you
`16 performed in passenger cars during your time
`17 with Florida East Coast Railway?
`18 A. Yes. Now, when --
`19 Q. Okay.
`20 A. -- they got the newer cars I would
`21 take care of the bathrooms, the plumbing, and
`22 all the water coolers, and all that stuff.
`23 Q. Okay, sir. Do you believe any of
`24 that work involved you working with or around
`25 any asbestos-containing product?
`
`1 Railway?
`2 A. I fixed so many things. I told
`3 you I used to work on for East Coast --
`4 MR. O'SHEA: If you can
`5 remember anything else, Joe, tell him.
`6 But if you can't, just tell him you
`7 can't recall.
`8 A. I can't at this moment, but I will
`9 try.
`10 Q. Okay. If you think of something
`11 later, you can always tell me later, all right,
`12 sir?
`13 A. All right.
`14 Q. For now we're going to leave
`15 Florida East Coast Railroad and talk about
`16 where you worked after that. Now, am I correct
`17 that you left Florida East Coast Railway in
`18 1960. Does that sound right?
`19 A. I think it was. I don't remember
`20 now. Yeah. Because I left under good terms
`21 when I moved to Florida. I came to Florida in
`22 1954 when I got married, and then two years
`23 later, it was 1956, I moved here and got the
`24 job with the Central, what do you call it,
`25 Miami, Florida East Coast. I get a little
`
`7 (Pages 275 - 278)
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`

`FILED: NEW YORK COUNTY CLERK 08/04/2021 08:44 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 190051/2020
`
`RECEIVED NYSCEF: 08/04/2021
`
`Joseph Lemanski
`
`Page 279
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`Page 281
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`1 mixed up, but I'm not crazy. I am just a
`2 little calm.
`3 Q. That's fine, sir. Do you recall
`4 where you worked after you left Florida East
`5 Coast Railway?
`6 A. After I went to the Seaboard which
`7 is CSX.
`8 Q. Okay. So just so we understand
`9 each other, after you left Florida East Coast
`10 Railway you next worked with Seaboard which is
`11 CSX Company. Is that right?
`12 A. Yes.
`13 Q. And do you believe you started
`14 with Seaboard in 1960?
`15 A. I think so.
`16 Q. Do you recall how long you worked
`17 for Seaboard Railroad?
`18 A. It could be eight years or so,
`19 something like that.
`20 Q. Okay. Does it sound right that
`21 maybe it was 1960 to 1968?
`22 A. That sounds correct.
`23 Q. Okay. Now, why did you leave
`24 Florida East Coast?
`25 A. I left Florida East Coast because
`
`1 have, when I started, when I stopped, like
`2 that.
`3 Q. Do you still have that book, sir?
`4 A. I think I do.
`5 Q. Okay. Well, if you happen to
`6 locate it, just let your attorney know, okay?
`7 A. Okay. It's in a book, you know, a
`8 piece of paper, a card. I will look for it,
`9 though.
`10 Q. Okay, thank you, sir. Now, when
`11 you first started at Seaboard in 1960, what was
`12 your job title?
`13 A. I was filled in as a Seaboard
`14 worker, but we incorporated in sheet metal work
`15 steamfitting. We did pipe work, we did the
`16 plumbing, we did the repair of the bar car, the
`17 dining car and all the stuff connected with it.
`18 Q. Okay. Now, did you have that same
`19 job title throughout the eight years you worked
`20 at Seaboard?
`21 A. Yes, sir.
`22 Q. Did your job duties change at all
`23 during that eight years or did you do pretty
`24 much the same work that whole time?
`25 A. I did the same work and anything
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`Page 280
`1 the guy in North Florida, I think Ed Ball, I
`2 can't remember, the owner, Ed Ball, he was a
`3 very rich guy and he bought the railroad, and I
`4 was working in the diesel shop. The next thing
`5 I know, he closed down the passenger shop. I
`6 had been working over there in passenger. I
`7 was glad I wasn't there. I was in the diesel
`8 shop. And he came around -- I know the union
`9 had to back us up, but just wanted to keep the
`10 job and I had three children. I just hoped
`11 they wouldn't lay me off. The next thing I
`12 know, he says, you're fired. That's when I
`13 went over and got a job at the Seaboard. It's
`14 called CSX. They had a good reputation and
`15 they hired me.
`16 Q. Okay, all right. Sir, did you get
`17 a job at Seaboard by just showing up and
`18 filling out an application?
`19 A. Yes.