FILED: WESTCHESTER COUNTY CLERK 04/17/2014
`FILED: WESTCHESTER COUNTY CLERK 04m2014
`
`NYSCEF DOC. NO. 176
`NYSCEF DOC. NO. 176
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`
`INDEX \10 .
`53539/2011
`INDEX NO. 53539/2011
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` 4.1V *.D NYSCI
`3F:
`04/17/2014
`RECEIVED NYSCEF: 04/17/2014
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`EXHIBIT K
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`[Page 1]
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`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF WESTCHESTER
`
`____________________________________________x
`
`THE TRAVELERS INDEMNITY COMPANY a/s/o THE
`
`RESIDENCES AT THE RITZ CARLTON WESTCHESTER,
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`RESIDENCES CONDOMINIUM II, RENAISSANCE RENTAL
`
`PARTNERS, LLC, and THE RESIDENCES AT THE RITZ
`
`CARLTON WESTCHESTER II,
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`Plaintiffs,
`
`:
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`- against -
`
`AMK COOLING & HEATING, LLC, AMR CONTRACTING
`
`CORP., NORTHEAST MECHANICAL SERVICES,
`
`INC.,
`
`and GEORGE A. FULLER COMPANY,
`
`INC.,
`
`)
`
`____________________________________________x
`
`Defendants.
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`NORTHEAST MECHANICAL SERVICES,
`
`INC., and
`
`GEORGE A. FULLER COMPANY,
`
`INC.,
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`Third—Party Plaintiffs,
`
`-against—
`
`THE RITZ—CARLTON HOTEL COMPANY, LLC,
`
`Third—Party Defendants.
`____________________________________________x
`
`3 Barker Avenue
`
`White Plains, New York
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`December 16, 2013
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`10:15 a.m.
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`~wwwmmmmw
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`U.S. LEGAL SUPPORT, INC.
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`www.uslegalsupport.com
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`EXAMINATION BEFORE TRIAL ofAMX
`
`COOLING & HEATING, LLC, one of the Defendants
`4
`herein, BY ANTHONY DIGUGLIELMO, taken by the Plaintiff
`5
`t. P
`,
`and Co‘Defendan
`ursuant to Court Order
`6
`.
`‘
`held at the above-mentioned time and place, before
`7
`_
`.
`8 Michelle Lemberger, a Notary Public 0f the
`9
`State Of New York.
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`[Page 2]
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`P E A R
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`A N C E S
`A P
`SHEPS LAW GROUP, RC
`Attorneys for Plamtrffs
`35 Pinelawn Road’ Suite 106B
`Melville New York 1 1747
`‘
`’
`BY‘ ROBERT C' SHEPS’ ESQ'
`
`pm BER M A K R [S PLOUSADIS & SEIDEN, LLP
`Attgrgey: foggefendants
`5" er , ““6
`Whlte Plams) New York 10601
`BY: JAMES BADEN, ESQ.
`File #; 647-9317
`
`RENZULLI LAW FIRM, LLP
`Attorneys for Defendants/ThirdParty Plaintiff
`81 Main Street
`New Y°fl<a New Y°rk 10601
`BY: NICOLE SPENCE’ ESQ-
`
`COZEN & O'CONNOR, ESQS.
`T] .
`_
`Attorney for
`d Party Defendant
`45 Broadway, 16th Floor
`New York, New York 10006
`BY: PATRICK SARDINO, ESQ.
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`STIPULATIONS
`22!. UNIFORM RULES FOR THE
`CONDUCT OF DEPOSITIONS
`~
`,
`,
`,
`221.] Objecoors at Depositions
`s
`e ma e at a eposrtron except 05:
`hélal)b0biec:°ns irssenerrel N0 chiegifions
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`Rules, would be waived ifnm interposed. and
`except in compliance with subdivision (e) of
`such rules. All objections made at a
`deposition shall be noted by the oflicer
`before whom the deposition is taken, and the
`answer shall be given and the deposition shall
`proceed subject to the objections and to the
`right ofaperson to apply for appropriate
`reliefpursuant to Article 31 ofthe CPLR.
`(b) Speaking objections restricted
`Every objection raised during a deposition
`shall be stated succinctly and framed so as
`not to suggest an answer to the deponent and,
`at the request of the qua-timing nttomey,
`shall include a clear statement as to any
`defect in form or other basis oferror or
`irregularity, Except to the extent
`pen'rtitted by CPLR Rule 3 l 15 or by this rule,
`during the course ofthe examination, persons
`in attendance shall not make statements or
`comments that interfere with the questioning
`221.2 Refusal to answer when objection is
`made. A deponent shall answer all questions
`at a deposition, except (i) to preserve a
`privilege or right of confidentiality, (ii) to
`enforce a limitation set forth in an Order of
`the Court. or (iii) when the question is
`plainly improper and would, if answered, cause
`significant prejudice to any person. An
`anomey shall not direct a deponent not to
`answer except as provided in CPLR Rule 3115 or
`this subdivision. Any refusal to answer to
`direction not to answer
`shall be accompanied by asuccinct and clear
`statement of the basis therefor Ifthe
`deponent does not answer a question, the
`examining party shall have the right to
`complete the remainder of the deposition.
`complete the remainder of the deposition.
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`[Page 4]
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`221. UNIFORM RULES FORTHE
`CONDUCT OF DEPOSITIONS
`221.3 Communication with the deponent
`An attorney shall not interrupt the
`deposition for the purpose of communicating
`With the deponent unless all parties consent
`or the communication is made for the purpose
`of determining whether the question should not
`be answered on the grounds set forth in
`Section 2212 of these rules and, in such
`Event, tléefreation for fie committlnicatéon shall
`e state
`or
`e reco
`succmc y an
`clearly.
`IT IS FURTHER STIPULATED AND AGREED that
`the transcript may be signed before any Notary
`Public with the same force and effect as if
`signed before a clerk or a Judge of the Court.
`
`IT IS FURTHER STIPULATED AND AGREED that
`the examination before oial may be utilized
`for all purposes as provided by the CPLR
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`IT IS FURTHER STIPUEATED AND AGREED that
`333133531353tidiefiiifii’eyaifirgfie
`sections ofthe CPLR shall be controlling with
`respect hereto.
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`db 15v} UleflEflR STEEL/EB) ANS AGREED by
`an
`e
`een ea orncys or
`erespec ve
`parties hereto that a copy-ofthis examination
`shall be fin-nished, without charge, to the
`attorneys representing the witness testifying
`herein.
`~000-
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`866.876.8757
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`U.S. LEGAL SUPPORT, INC.
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`www.uslegalsuppbrt.com
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`[2]
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`(Pages 2 to 5)
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`1
`1
`DiGuglielmo
`E
`A. AMX.
`2 ANTHONY DIGUGLIELMO,having
`2
`E
`3
`been first duly sworn by aNotary
`3
`Q. For how many years have you been
`E
`4
`Public of the State ofNew York, was
`4
`employed by AMX?
`E
`5
`examined and testified as follows:
`5
`A.
`I guess I'm employed. I have really
`E
`6
`EXAMINATION BY
`6
`retired. So probably the right correct
`E
`7 MR. SHEPS:
`7
`answer is retired.
`E
`8
`Q. Please state your name for the
`8
`Q. You are currently retired?
`9
`record.
`9
`A. Yes.
`
`0
`A. Anthony DiGuglielmo.
`10
`Q. The full name of AMX is what, sir?
`1
`Q. What is your present address?
`1
`A. AMX Contracting Corp.
`2
`A. 16 Hissalik Way, Bedford, New York
`2
`Q. Who is AMX Cooling and Heating, LLC?
`3
`10506.
`3
`A. That's a service company that we
`4
`Q. Good morning, sir. How are you
`4
`have.
`5
`today?
`5
`Q. What is the business of AMX
`6
`A. Good.
`6
`Contracting Corp.?
`7
`Q. My name is Robert Sheps. I
`7
`A. Installation of HVAC equipment.
`8
`represent plaintiffs in this action that has
`8
`Q. For how many years did you work at
`9
`been filed in the Supreme Court of
`9
`either AMX company?
`' 0 Westchester. We are going to ask a series of
`0
`A. Since '79.
`’ 1
`questions -
`1
`Q. Do you still consult for them
`' 2
`A. Who is the plaintifi‘?
`22
`occasionally?
`
`
`'3
`Q. The plaintiff is Travelers Insurance
`23
`A. Yes.
`'4
`Company as subrogee. You want the full name? :4
`Q. Have you ever worked for AMX
`
`5
`A. No.
`5
`Cooling, LLC?
`
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`[Page 8]
`[Page 6]
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`DiGuglielmo
`I was an owner of AMX Cooling, five
`A.
`percent owner.
`
`Q. Did you ever have any ownership in
`AMX Contracting Corp.?
`A.
`I still do, 100 percent owner.
`Q. What is the corporate headquarter
`address of AMX?
`A. 101 Castlton Street, Pleasantville,
`10570.
`
`Q. When did you move into a retired
`sort of status?
`
`A. Oh, I don't know; about five years
`ago.
`Q. Did you have any involvement in the
`construction of the Ritz Carlton Hotel --
`A, Yes.
`Q. -- Towers?
`A. Yes.
`Q. What is your highest level of
`education?
`A. College, mechanical -— BS, ME,
`mechanical engineering.
`Q. What year?
`A.
`'64.
`
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`[Page 9
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`gestures. If you answer a question, I'm
`going to presume you understood the question.
`But if you need me to re-explain the question
`to you, let me know, I will be happy to do
`that. I'm not here to trick you. Okay?
`A. Okay.
`Q. If you need to take a break, let us
`know. All right?
`A. Okay.
`Q. Perfect. Everything has to be
`verbal in your responses.
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`By whom are you currently employed?
`[Page 7]
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`DiGuglielmo
`Q. It's right here.
`A. The Residence.
`
`Q. Right. The Residence in their
`
`subrogated form.
`We will ask you a series of
`questions today. I'm not here to trick you
`in any way. I'm going to ask you a question;
`if you understand the question, respond to
`
`A. Okay.
`
`the question that has been posed.
`Q. The court reporter cannot take down
`
`nods of the head, she can't take down hand
`
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`866.876.8757
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`U.S. LEGAL SUPPORT, INC.
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`www.uslegalsupport.com
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`[3]
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`(Pages 6 to 9)
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`3 §§ § §
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`DiGuglielmo
`Q. For the project at the Ritz Carlton,
`did AMX perform the piping work?
`A. A portion of it.
`Q. Did AMX perform the sheet metal
`work?
`
`A. Yes, all of it.
`
`MR. BADEN: Obviously, you mean
`in relation to the HVAC system?
`MR. SHEPS: Yes.
`
`Q. When did you first become aware of
`the fact that there was anticipated
`construction for the site right down the
`block from here at the Ritz Carlton
`Westchester?
`A. 2006.
`
`Q. How did you first learn about it?
`A. From Louis Cappelli, I assume.
`Q. Had you worked with Mr. Cappelli
`previous to this job?
`A. Yes.
`
`Q. On how many occasions?
`A. Pretty much we did all his work fiom
`a period of about 1986, maybe.
`Q. Through 2006?
`
`,1,
`[Page 12] E
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`DiGuglielmo
`A. 2006.
`
`. Q. And did you - what sort of projects
`did you work on for Mr. Cappelli?
`A. He was constructing at that point --
`he started out with office building
`construction. So office buildings, we have
`done laboratories for him, and condominiums.
`New Roc Entertainment Center.
`Q. What sort of work have you done for
`him?
`
`A. HVAC.
`Q. So you have -— in any of those
`occasions, did you actually design the plans?
`A. Never. We don't design.
`Q. Just allow me to ask the question,
`pause for a second and then respond.
`A. Okay.
`Q. Likewise, I will try not to speak
`over you. I forgot to tell you that at the
`beginning.
`A. Okay.
`Q. Mr. Cappelli called you about the
`Ritz project?
`A. I really don't recall the details.
`
`g
`[Page 13] »
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`DiGuglielmo
`Q. What, if any, jobs related to the
`mechanical HVAC trade did you have from 1964
`to 1979?
`
`A. Well, I started with AMX Contracting
`in 1979, right? I told you that already?
`Q. Yes.
`A. I don't remember telling you that.
`Q. 1979 until today -
`A. What otherjobs did I have?
`Q. Just beforehand, just briefly.
`A. I sold -- I was a sales engineer for
`the Trane Company from 1968 to '79.
`Q. When you say Trane Company -
`A. Trane, T-R—A-N-E, Trane Company.
`Q. What sort of equipment did you sell?
`A. HVAC equipment.
`Q. In 1979 you started your employment
`at AMX?
`
`A. Right.
`Q. What was your position then?
`
`U'IbUNl—lowmdmulfiwNI-loUmde‘thNH
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`A. Owner.
`Q- From 1979 until the time in Which
`you retired, did you ever have any co-owners
`in the business?
`
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`[Page 10]
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`DiGuglielmo
`
`A. No.
`
`Q. When did the construction project at
`the Ritz Carlton Westchester commence?
`A. 2006.
`‘
`Q. At that time, were there any other
`officers of AMX?
`A. No. Well -- yes. My wife is
`secretary, I think that's the title.
`Q. What is your wife's name?
`A. Jean.
`
`Q. Did Jean have any involvement in the
`construction project itself?
`A. No, outside of billings.
`Q. When you say that AMX is involved in
`installation of HVAC equipment, what do you
`mean by that?
`A. Engineer designs the job, we
`purchase the equipment, we install the
`equipment. And the systems that are
`associated with the equipment, piping and
`sheet metal.
`Q. Does AMX ever perform the actual
`piping and sheet metal work itself?
`A. Yes.
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`[Page 11]
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`1986, '87, '88, to the present time.
`Q. Okay.
`A.
`I was aware of what the future was
`
`
`
`A. Condominium, hotel.
`
`I
`going —- what future projects was going.
`don't recall any formal notification that we
`were going to do this job.
`Q. What is your understanding of what
`sort of buildings were going to be
`constructed at the site?
`A. Exactly what they are?
`Q. For the record, please.
`constructed?
`Q. And there are two separate towers?
`A. Yes.
`Q. And those were for residential
`units?
`
`Q. How many buildings were being
`
`A. Two.
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`[Page 14]
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`
` DiGuglielmo
`DiGuglielmo
`
`he went to work for Cappelli.
`I think it's fair to say, if you refer to my
`other statement, we did all his work from
`Q. Okay. Other than HVAC work, did AMX
`perform any other work at the Ritz from the
`time in which the excavation work first
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`commenced until the point in time -
`A. No.
`
`Q. -- where units were being sold to
`individuals?
`
`_
`
`A. No.
`Q. Okay. Just hold off for a second.
`MR. BADEN: It might be a long
`question, but the answer can change.
`THE WITNESS: Okay.
`Q. Can you tell me generally what sort
`ofHVAC system was being installed in the
`building or buildings? And if they were
`different for different aspects of the
`building let us know.
`A. The buildings, both buildings,
`hotel, everything over there, it's called a
`four-pipe fan coil system. That's it. That
`defines everything about that system.
`Q. Okay. Can you tell me generally how
`thatvvorks?
`
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`A. Residential, hotel. They are mixed
`
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`use. There is a lot of different things
`going on there. There is residence,
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`[Page 16] ;2M
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`DiGuglielmo
`condominiums, there is restaurants, there is
`hotel. There is office building.
`Q. Okay. Fair enough.
`When was the first time that you
`were brought down to the site?
`A. I was never brought there by
`anybody, I just went to the site, probably in
`2006.
`
`Q. Was there any construction --
`A. Yes, excavation was going on when I
`was first there.
`
`1
`2
`3
`4
`5
`6
`7
`B
`9
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`10
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`
`Q. Who designed the HVAC system plans 13
`for the project?
`i4
`A. Edwards & Zuck, Z-U—C-K, out of
`5
`New York City.
`16
`Q. Were there any other company or
`7
`companies that were involved from the
`18
`engineering side for the HVAC system?
`19
`A. The designer for Edwards & Zuck was
`20
`a gentleman by the name of Larry Colavito.
`21
`Eventually he went to work for Cappelli.
`22
`Q. So he was working for Edwards at the
`23
`time?
`2 4
`
`
`
`LnémfiééwmqmmthHowmqmmthi-I
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`DiGuglielmo
`A. You have a chill water plant, you
`have a hot water plant and you have
`individual fan coil units, the terminal units
`in the apartments, hotel rooms, office areas,
`restaurants.
`
`Q. Was there a general area in which
`the main mechanical equipment was held,
`including the chill water plant and the hot
`water plant?
`A. Yes.
`
`Q. Where was that?
`A. In Tower A, which would be in the
`south tower, on Main Street. It's on the
`
`45th floor, and there is also a boiler plant
`in the basement, on the mezzanine level of
`the basement. In Tower B, which is on
`
`Hamilton Avenue —- is it Hamilton, yes, I
`guess. Hamilton. It's strictly on the 45th
`floor is the central plant.
`Q. What sort of equipment was contained
`in Tower A on the 45th floor?
`
`A. The hot water boilers, the
`
`centrifiigal chillers, the pumps, heat
`exchangers.
`
`
`
`
`25
`A. At the time of the original design,
`
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`[Page 15]
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`U.S. LEGAL SUPPORT, INC.
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`[5]
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`(Pages 14 to 17)‘
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`DiG uglielmo
`A. We have various subcontractors.
`Northeast Mechanical was hired to do a
`
`portion of the piping.
`Q. What do you mean by that?
`A. We hired Northeast to assist us ~-
`
`go back to your question. You said, did we
`hire anybody to assist us in the project. We
`hired Northeast Mechanical to assist us in
`
`the piping.
`Q. What do you mean by piping? What
`sort of piping was Northeast retained to
`assist you with?
`A. Basically they were charged with
`sending all the fan coil units and making the
`connections to them.
`
`Q. By the time in which the
`construction in this building, Tower B, was
`completed, was it Northeast Mechanical that
`had performed all the installations for the
`fan coil units?
`A. Yes.
`
`Q. Okay. By the time in which the
`construction was complete, was it Northeast
`that made all the connections for the piping
`[Page 20]
`
`DiGuglielmo
`for the fan coil units?
`A. Yes.
`
`Q. Do you know of any other companies
`that assisted them in the process?
`A. No. No one else did.
`
`Q. Do you recall if there was one
`particular plan that had to be followed by
`Northeast Mechanical for the installation of
`
`the piping work?
`A. No.
`
`Q. Was there a set of plans that
`Northeast Mechanical was provided with?
`A. Yes.
`
`Q. Did you review any documents in
`preparation for the deposition?
`A. Did I review any?
`Q. Yes.
`A. No. I do it nightly, the buildings
`are a nightmare. So I think about it
`constantly. You don't have to type that.
`Q. What sort of plans did you
`provide -- withdrawn.
`Who provided Northeast Mechanical
`with plans as to how to properly install the
` so” w Mm
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`[Page 21] g
`
`Q. Did AMX retain any companies to
`assist it in the construction project?
`A. Yes.
`
`2
`3
`4
`
`5
`Q. Which company did it retain?
`[Page 19]
`,.“?mW».. bym._. - M&\,*
`
`866.876.8757
`
`US. LEGAL SUPPORT, INC.
`
`www.uslegalsupport.com
`
`[6]
`
`(Pages 18 to 21)
`
`
`
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`17
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`
`18
`9
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`10
`
`1
`
`DiGuglielmo
`Q. I'm sorry, say it again?
`A. Why don't we just define it as the
`boilers, the chillers and the pumps. The
`boilers, chillers and pumps.
`Q. So the boiler equipment was
`contained on the 45th floor in Tower A?
`Yes.
`FD
`
`Q. What about the chillers?
`A. 45th floor.
`
`. What about the pumps?
`. 45th floor.
`
`QA
`
`Q. What was contained in the mezzanine
`level in Tower B?
`A. No -—
`MR. BADEN: You confilsed it.
`
`A. In Tower A, exactly what I said,
`what you took notes on ~-
`MR. SHEPS: Let's go off for a
`second.
`
`(Discussion held off the
`record.)
`MR. SHEPS: Withdraw the last
`
`question.
`Q. Explain to me how there is service
`
`[Page 18]
`
`DiGuglielmo
`provided to Tower B.
`A. Tower B on the 45th floor has what
`
`we call a central plant. In the central
`plant you have chillers, boilers and pumps.
`Q. Who selected the type of equipment
`that was going to be installed at the 45th
`floor of Tower B?
`A. Edwards & Zuck.
`
`Q. Was your company ever provided with
`any sort of engineering schematics for the
`construction work?
`
`A. Design drawings were issued.
`Q. What is your understanding of the
`distinction between design drawings and
`engineering drawings?
`A. There is no difference.
`
`Q. What is the difference in your
`understanding between mechanical drawings and
`
`engineering drawings?
`
`A. No difference.
`
`(newton-3:5wmqmmthHommquthi-I
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`

`

`DiGuglielmo
`fan coil units and piping connections?
`MR. BADEN: Objection of form.
`You can answer.
`
`A. I mean ~— rephrase that? You are
`asking me a number of questions.
`Q. What sort of plans were provided to
`Northeast Mechanical?
`
`MR. BADEN: Objection. By
`whom?
`
`MR. SHEPS: By anyone.
`Q. What sort of plans were provided to
`Northeast Mechanical?
`
`A. Northeast Mechanical has had, okay,
`the specifications for the job prepared by
`Edwards & Zuck. They had the mechanical
`drawings, engineer drawings, HVAC drawings,
`whatever you want to call them, were provided
`by Edwards & Zuck.
`They had a schedule sheet from us of
`all the fan coil units, and they had our --
`we do fabrication drawings. They had our
`fabrication drawings showing the location of
`all the fan coil units.
`
`Q. Who drafted the fabrication
`
`Wmdmlflhh’NH
`
`DiGuglielmo
`
`A. Yes.
`
`Q. When you had worked for Mr. Cappelli
`on various projects, was it typically through
`GAFCO?
`A. Yes.
`
`Q. Did you have a main point of contact
`during this project at GAFCO?
`A. Louis Cappelli.
`Q. How long a period of time was AMX on
`the job for during the construction at the
`Ritz Carlton?
`A. I don't recall the exact dates.
`
`Q. Approximate?
`A. I would say we started in Tower A in
`2006 -- early 2006, and finished up in Tower
`B in late 2008 or possibly 2009, about May of
`2009 maybe. Exact date, I'm not exactly
`certain.
`
`Q. Fair to say approximately a
`three-year job?
`A. Yes.
`
`Q. Was that a continuous project for
`AMX -
`A. Yes.
`
`[Page 22]
`
`[Page 24]
`
`
`
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`
`DiGuglielmo
`drawings?
`A. We did, AMX.
`
`Q. Who drafted and prepared the
`schedule sheets?
`A. We did.
`
`Q. When you testified that
`specifications were provided by Edwards &
`Zuck, what do you mean by specifications?
`What sort of information is contained within
`
`those specifications?
`A. The bible for the job, what type of
`equipment you are going to provide, what
`specific requirements the equipment has.
`Q. Who purchased the fan coil units for
`this job?
`A. We did, AMX.
`Q. Who purchased the piping that was
`used to integrate the system?
`A. AMX.
`
`Q. Who was the general contractor on
`the project?
`A. GAFCO, George A. Fuller Company.
`Q. Had you worked with GAFCO
`previously?
`
`[Page 23]
`
`DiGuglielmo
`Q. -- or were there gaps in time where
`you weren‘t there for two months or more?
`A. Continuous.
`
`Q. Were you personally there on a daily
`basis?
`A. Yes.
`
`Q. Were you there on a continuous basis
`from 2006 until 2009?
`
`I will go back and try to
`A. Okay.
`answer your question a little better.
`I was
`there on a daily basis from 2006 to 2007.
`Probably in 2008 it started to wind down, so
`I probably wasn't there on a daily basis.
`Q. Okay. What were the general hours
`of operation for AMX from 2006 until the time
`in which it left the project?
`A. Construction hours?
`
`Q. Construction hours.
`A. In the field, 7 am. to 3:30.
`Q. When you say that you were there for
`a full day for at least a couple of years --
`A.
`I wasn't there for a full day.
`Q. Okay. You were there for how many
`hours?
`
`
`[Page 25]E
`
`[7]
`
`(Pages 22 to 25)
`
`866.876.8757
`
`U.S. LEGAL SUPPORT, INC.
`
`www.uslegalsupport.com
`
`
`
`WWW/ewmyw «
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`James Boyce.
`B ..
`O-Y-C—E.
`
`Is he still employed by AMX?
`No.
`. When was the last time he was
`
`employed by you, approximately?
`THE WITNESS: Can we go offthe
`record?
`
`MR. SHEPS: All right.
`(Discussion held off the
`record.)
`Q. Is Mr. Boyce deceased?
`A. Yes.
`
`24
`
`was such a large crew that he had two or
`three foremen that worked underneath him.
`
`Q. Was there one foreman who might have
`been more responsible than others to interact
`with Northeast?
`A. No.
`
`Q. What were the names of those
`foremen?
`
`A. Darrel Bottis, D-A-R-R-E-L,
`B~O~T-T-I-S and Dezzi Foley, F-O-L-E~Y. I
`don't know if it is Desmond or what his first
`name. I know him as Dezzi.
`
`Q. Is there a third? I know you said
`two or three, that you recall.
`A. There may have been John Farvelle,
`F-A-R—V-E—L-L-E.
`
`Q. Okay.
`A. The names I'm giving you are
`strictly from the piping end of our company,
`not the sheet metal.
`
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`A. Provided duct work for the exhaust
`
`systems, for the makeup air systems. That
`covers it.
`
`Q. Okay. Were there different fan coil
`units used in different apartments?
`MR. BADEN: Can you just
`specify which tower, if any?
`Q. Is there a difference -- well, in
`all of the --
`
`A. All the fan coil units were made by
`EC, International Environmental, I forget if
`it's company or -- IEC. There are different
`sizes for different apartments. In Tower B
`they came with factory risers. Piping was on
`the units as they arrived at the job site.
`And, of course, different apartments had
`difi'erent-size units with different piping.
`Q. Did the fan coil units in Tower A
`have factory risers?
`A. No.
`
`DiGuglielmo
`Q. What was the purpose of having a
`factory riser included for the units for
`Tower B?
`
`A. Well, factory risers are less
`expensive.
`Q. Why is that?
`A. Because it's done with factory labor
`rates rather than doing it in the field. So
`the decision was made to use factory risers
`for Tower B, because they had a little more
`time to get organized.
`Q. How long a piece of riser was
`included with each fan coil unit?
`
`A. Floor to floor, ten foot.
`
`Q. Who was responsible, if anyone, for
`making connections between the various units?
`A. Northeast.
`
`Q. Were any specifications provided to
`Northeast how to make those particular
`connections?
`
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`DiGuglielmo
`DiGuglielmo
`A. Two, three hours.
`AMX perform on the job?
`Q. Was there one individual other than
`A. Everything.
`yourself at AMX who was a senior-level
`Q. Can you go through some examples for
`the record?
`employee who was there for a full business
`day during that time period?
`Yes.
`Who was that?
`
`Q. Fair enough.
`Was there someone under Mr. Boyce
`who was there on a daily basis?
`$5
`[Page 26]
`[Page 28]
`
`
`
`
`DiGuglielmo
`A. Jim Boyce was the project super for
`AMX. He also had two or three foremen. It
`
`Q. That's fine, I appreciate that.
`What sort of sheet metal work did
`
`A. Stn'ctly the documents.
`[Page 29]}
`[Page 27]
`“mega-mm Wnyfozrefi'WofiquSe‘ix/Afifia~ba» “WWWW » M;,;,,«g.»,.¢ *
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`
`MS. SPENCE: Objection.
`MR. SHEPS: You can answer.
`MR. BADEN: You can answer.
`
`
`
`866.876.8757
`
`U.S. LEGAL SUPPORT, INC.
`
`www.uslegalsupport.com
`
`[8]
`
`(Pages 26 to 29)
`
`
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`

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`
`
`1
`DiGuglielmo
`1
`DiGuglielmo
`E
`A. Yes.
`2
`Q. When you say the documents, which
`2
`E
`Q. Who was there on behalf of Northeast
`3
`documents?
`3
`4
`A. The design documents.
`4 Mechanical on a daily basis?
`5
`Q. Were any instructions -- withdrawn.
`5
`A. Yes.
`
`
`
`E
`
`E
`
`
`f
`
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`
`6
`Q. A senior person. Who was that?
`6
`How were these connections made
`7
`A. Bobby Kelm, K-E-L-M.
`7
`between the various pieces of piping?
`8
`Q. I apologize?
`a
`MR. BADEN: Objection to form.
`9
`A. Bob Kelm, K-E-L-M.
`9
`MS. SPENCE: Objection.
`0
`Q. Had you worked with Northeast
`10
`MR. BADEN: You can answer.
`
`1
`1 Mechanical prior to this job?
`MR. SI-IEPS: You can answer.
`
`
`2
`12
`A. Yes.
`A. How were they made?
`
`3
`13
`Q. 0n approximately how many occasions?
`Q. Yes. How were the connections made?
`
`4
`14
`A. Six, seven.
`A. It's a solderjoint between.
`
`5
`5
`Q. Had you worked with Bobby Kelm
`Q. Who was responsible for making these
`
`6
`16
`previously?
`soldering joint connections on this project?
`
`
`7
`i7
`A. Yes.
`A. Northeast.
`
`
`8
`f
`8
`Q. How often was Michael Martin at the
`Q. With respect to the fan coil units,
`9
`E
`what was the connection point in Tower B that 19
`site?
`
`
`'0
`E:
`they were making ~— that Northeast was
`:0
`A. Not enough. He wasn't there. He
`'1
`E
`making?
`1
`wasn't there much.
`
`
`'2
`A. Connecting the factory risers unit
`22
`MS. SPENCE: Objection. Strike
`'3
`to unit, making the connection ofthe factory
`23
`the portions of the answer not
`
`
`4
`risers fiom fan coil unit to fan coil unit.
`24
`responsive.
`
`
`5
`Q. Were these connections made by
`25
`THE WITNESS: I'm sorry.
`
`
`
`"
`[Page 32]
`[Page 2311
`
` DiGuglielmo
`Northeast Mechanical by the process of
`soldering?
`A. Yes.
`
`
`
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`MR. SHEPS: No, no, that's a
`
`fine answer. You can answer any way
`you want.
`
`Q. What, if any, role did AMX have in
`the soldering process to connect the various
`pipes for the fan coil units?
`A. Repeat the question?
`MR. SHEPS: Can you read that
`back?
`
`(Whereupon, at this time, the requested
`portion was read by the reporter.)
`MS. SPENCE: Objection.
`MR. BADEN: Objection of form.
`A. Direct Northeast to use solder
`connections.
`
`Q. So let's just elaborate on that.
`
`Did anyone from AMX have any
`physical role in the connection process, the
`soldering process?
`MR. BADEN: Objection. Form.
`Do you mean actually doing the work
`itself?
`
`
`
`H (D A. Yes.
`Lite-midPdmmqmmbwmwowmqmmbwmw
`
`Q. Who selected the process of
`soldering as opposed to any other sort of
`connection?
`
`A. There —- it was a decision that was
`
`made at the beginning of that job, 2006 and
`there was quite a few people involved in that
`decision.
`
`Q. Okay.
`
`A. Larry Colavito, Louis Cappelli, Pete
`Palazzo. There was also another fellow from
`
`HRH that was involved, Greg Cuneo. And
`myself.
`
`Q. Did you have a main point of contact
`at Northeast Mechanical?
`
`Q. Who was that?
`A. Mike Martin.
`
`Q. Is Mr. Martin present at the site on
`a daily basis?
`A. No.
`
`Q. Was there one individual?
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`22
`23
`24
`Q. Yes. Did AMX perform any soldering
`
`work?
`25
`
`
`[Page 31]
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`
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`
`[9]
`
`(Pages 30 to 33)
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`
`work.
`
`Q. So let's go into further detail. I
`appreciate that.
`AMX provided the distribution
`piping?
`A. Yes.
`
`Q. And that distribution piping
`eventually met areas on each floor where a
`fan coil unit was supposed to be installed,
`correct?
`
`A. Close to it. Within a couple of
`feet of it, yes.
`Q. Okay. Your workers left the
`distribution piping on each floor, correct?
`A. No.
`
`Q. Okay. What did you do? Who
`connected it to the fan coil unit?
`
`A. I'm an engineer, I need a piece of
`paper.
`
`Q. I'm not trying to trick you up, I
`just want to make sure we get it on the
`record.
`
`
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`A. Okay. Let's --
`Q.R%a—
`IVER. BADEN: You have to answer.
`
`A. AMX had approximately 50 fitters on
`the job, 50 steamfitters doing the piping
`work in Tower B. Northeast Mechanical had
`
`approximately ten fitters on the job doing
`the piping work. Northeast was installing
`all the fan coil units for the job.
`AMX contracting was doing all the
`other piping in the building, building the
`central plant, putting all the risers in,
`putting the distribution piping up to the fan
`coil units. AMX was using solder joints as
`well as Northeast using solderjoints, as was
`approved for this project by the GAFCO team.
`Q. Okay. You can continue.
`A. That's it.
`
`Q. Okay. So the question is, what, if
`any, role did AMX have? I think you answered
`it, but what, if any, role did AMX have in
`the soldering of the fan coil units and the
`risers in Tower B?
`
`A. For the risers, we are talking ~-
`
`DiGuglielrno
`I'm going to try and answer you by giving you
`a detailed answer.
`
`Q. That's fine.
`A. Because your interpretation of
`risers and mine may be two different things.
`Q. Fair enough.
`A. We put the risers in that go from 45
`all the way down.
`Q. Okay.
`A. We ran the distribution piping over
`to where the fan coil units will be set.
`
`Q. Right.
`A. These fan coil units are called
`
`vertical riser fan coil units. Okay? So we
`did all this other piping. Now you have to
`set that fan coil unit on the slab and you
`connect it to this distribution piping that
`we did. We did the distribution piping,
`Northeast set the fan coil unit.
`
`A. You are asking me a question, it's
`
`
`not how the job is designed. I'm trying to
`[Page 34]
`[Page 36]
`
`
`
`
`N
`
`
`
`DiGuglielmo
`make you understand.
`Q. I appreciate it. I will let you
`write and then we will ask questions, if it
`is easier in that process.
`A. The building is 45 floors.
`MR. SHEPS: We will mark it, if
`that's okay.
`A. No, you don't have to mark it,
`because I'm going to explain it.
`We have distribution piping on the
`8th floor, we have distribution piping on the
`18th floor, we have distribution piping on
`the 3 lst floor and we have distribution
`
`piping on the 44th floor. Okay? We have
`risers that go -- supply and return that go
`up and down the building, from 45 down to
`three.
`
`Q. I'm going to interrupt you for a
`second, so we can follow this.
`
`MR. SHEPS: We are going to
`mark this as Exhibit A.
`
`HH—H—
`
`H
`
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`
`Now they go to the next floor,
`Northeast sets the one above that, and the
`next floor above that, and above that, and
`THE WITNESS: Now I got to do
`above that, and the vertical riser fan coil
`a better job.
`units. They did that work, we did the other
`MR. SHEPS: No, we wouldn't
`[Page 35]
`[Page 37] -* awawm’' are“ «
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`U.S. LEGAL SUPPORT, INC.
`
`www.uslegalsupport.com
`
`[10]
`
`(Pages 34 to 37)
`
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`DiGuglielmo
`hold it against you.
`Q. In the left-hand side of the
`
`DiGuglielmo
`what you have drawn here.
`
`A. I've drawn -- this drawing shows the
`main building risers. It shows distribution
`piping on the 8th floor, the 18th floor and
`the 3 lst floor.
`
`Q. Who installed ~-
`
`A. All that piping was installed by
`AMX. It also shows