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Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK -------------------------------) 4 STANLEY BARRY, ) )Index No. 5 Plaintiff, )650838/2012 ) 6 v. ) ) 7 CLERMONT YORK ASSOCIATES, LLC, ) ) 8 Defendant. ) -------------------------------) 9 10 11 12 13 14 DEPOSITION OF H. THOMAS O'HARA 15 New York, New York 16 Wednesday, March 27, 2013 17 18 19 20 21 22 23 24 Reported by: JOMANNA DeROSA, CSR 25 JOB NO. 59591 TSG Reporting - Worldwide 877-702-9580 Page 2 Page 3 1 1 2 March 27, 2013 2 A P P E A R A N C E S: 3 11:25 a.m. 3 4 4 PARK & JENSEN 5 5 630 Third Avenue 6 Deposition of H. THOMAS O'HARA, 6 New York, New York 10017 7 held at the offices of Manatt, Phelps & 7 BY: DOUGLAS JENSEN, ESQ. 8 Phillips, LLP, 7 Times Square, New York, 8 JOSHUA ANDRIX, ESQ. 9 New York, before Jomanna DeRosa, a 9 10 Certified Shorthand Reporter and 10 MANATT PHELPS & PHILLIPS 11 Notary Public of the States of 11 7 Times Square 12 New York, New Jersey, California 12 New York, New York 10036 13 and Arizona. 13 BY: ANDREW MORRISON, ESQ. 14 14 15 15 WEIL GOTSHAL & MANGES 16 16 767 Fifth Avenue 17 17 New York, New York 10153 18 18 BY: JOSHUA AMSEL, ESQ. 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 4 Page 5 1 H. O'HARA 1 H. O'HARA 2 H. T H O M A S O' H A R A, called as a witness, 2 Q. Okay. Have you ever been deposed 3 having been duly sworn by a Notary 3 before? 4 Public, was examined and testified as 4 A. Yes. 5 follows: 5 Q. Okay. So, let me just explain the 6 EXAMINATION BY 6 ground rules briefly to you. 7 MR. MORRISON: 7 A. Sure. 8 Q. Good morning, Mr. O'Hara. 8 Q. Everything that you say is being 9 A. Good morning. 9 taken down by a court reporter. She cannot take 10 Q. My name is Andrew Morrison. I'm a 10 down nods of the head, so please articulate your 11 member of the law firm of Manatt, Phelps & 11 answers. 12 Phillips. I represent the plaintiff, Stanley 12 If you don't understand my 13 Barry, in connection with the action that you've 13 question, please let me know and I'll try to 14 been subpoenaed in, and for which you are 14 rephrase the question. 15 appearing today pursuant to such subpoena. 15 A. Okay. 16 Before we start, first I want to 16 Q. Otherwise I'll assume that you 17 thank you. I know that you have some health 17 understood the question. If you need a break for 18 issues. And I appreciate you making the time for 18 any reason, just let me know. I don't think -- 19 this deposition. 19 well, we can deal with it later on, but I'd like 20 A. My pleasure. Thank you for working 20 to just try to finish with you without taking a 21 around it. 21 lunch break, but let's see how we go. 22 Q. Is there any reason today, any 22 So, Mr. O'Hara, are you a licensed 23 medications that you're on, where you're not able 23 architect in the State of New York? 24 to answer questions? 24 A. Yes. 25 A. No. 25 Q. And when were you licensed? 2 TSG Reporting - Worldwide 877-702-9580 Page 6 Page 7 1 H. O'HARA 1 H. O'HARA 2 A. 1995. 2 Q. Okay. And when did you sit for 3 Q. Okay. And is there a special 3 your architect's exam? 4 training that you need to do in order to obtain 4 A. '94. 5 your license in New York as an architect? 5 Q. Did you work for an architectural 6 A. Yes. 6 firm or for an architect prior to taking the exam? 7 Q. What training is that? 7 A. Yes, I did. 8 A. Education, work experience, and an 8 Q. Where did you work? 9 architectural exam administered by the State 9 A. In 1982 I worked at SLCE 10 Department. 10 Architects. 11 Q. Okay. And where did you go to 11 Q. Was that in New York? 12 school after high school? 12 A. Yes. 13 A. I went to Vassar College and I went 13 Q. And for how long were you at SLCE? 14 to New York Institute of Technology. 14 A. Seven years. 15 Q. And you graduated from Vassar? 15 Q. And then what happened? 16 A. Yes, with a degree in economics. 16 A. I went to Costas Kondylis 17 Q. What year was that? 17 Architects. 18 A. '81. 18 Q. Around 1989? 19 Q. And then you took a graduate 19 A. Yes. 20 program at the New York Institute of Technology? 20 Q. Can you spell that, please? 21 A. The New York Institute of 21 A. C-O-S-T-A-S. The last name 22 Technology, '86. 22 Kondylis, K-O-N-D-Y-L-I-S. 23 Q. Any post-graduate courses after 23 Q. How long were you at Costas 24 NYIT? 24 Kondylis? 25 A. No. 25 A. Until 1997. Page 8 Page 9 1 H. O'HARA 1 H. O'HARA 2 Q. Then what happened? 2 A. Yes. 3 A. I opened my own firm. 3 Q. How many? 4 Q. Okay. Were you a partner at the 4 A. I'd be guessing, but around eight. 5 Costas Kondylis firm? 5 Q. Okay. And I should tell you that 6 A. I was a profit sharing senior 6 too. Please don't guess. 7 associate. 7 A. Then I don't know. 8 Q. How many architects were in the 8 Q. Okay. Thanks. 9 Costas Kondylis firm? 9 When you left the Costas Kondylis 10 A. 60. Well, it varied from 60 to 10. 10 firm to open your new firm, did you take some 11 Q. And when you -- I'm sorry -- in 11 clients with you? 12 1997 you opened up your own firm. Is that 12 A. No. 13 correct? 13 Q. Did you have clients in 1997? 14 A. That's correct. 14 A. Yes. 15 Q. And what was the name of the firm? 15 Q. Was The Feil Organization one of 16 A. H. Thomas O'Hara Architect, PLLC. 16 your clients? 17 Q. What does the PLLC stand for; if 17 A. Yes. 18 you know? 18 Q. How did you become introduced to 19 A. Professional Limited Liability 19 The Feil Organization? 20 Company. 20 A. I was -- they were out searching 21 Q. Were you the sole architect 21 RFPs. They came upon my name because we had an 22 employed by H. Thomas O'Hara, PLLC? 22 interiors division, and we started working on 23 A. I was the sole proprietor. 23 window replacements in lobbies for them. 24 Q. Okay. Did you have employees in 24 Q. For which buildings? 25 1997? 25 A. I don't recall. A couple buildings 3 TSG Reporting - Worldwide 877-702-9580 Page 10 Page 11 1 H. O'HARA 1 H. O'HARA 2 on the Upper East Side. 4 Park Avenue we looked 2 person, whose name escapes me. 3 at. I don't believe we proceeded with that, 3 Q. How did he know you in 1997? 4 but -- 4 A. Reputation. 5 Q. Did you have any personal 5 Q. Okay. Anything else? 6 connections with anyone affiliated with The Feil 6 A. No. 7 Organization in 1997? 7 Q. You had no personal contact with 8 A. No. 8 him prior to the first time you received an RFP 9 Q. Is it your testimony that they 9 from The Feil Organization? 10 found you through research that they did before 10 A. I didn't receive an RFP. 11 sending out an RFP? 11 Q. Okay. The first time that you 12 A. It's my testimony that I don't 12 heard from Mr. Ratner you received a phone call 13 know. 13 from him? 14 Q. Did one day an RFP appear in your 14 A. Correct. 15 office from a Feil Organization building? 15 Q. And what did he say to you on that 16 A. No. 16 phone call? 17 Q. How did they first contact you? 17 A. Oh, I don't want to guess. It's 18 A. They reached out. They knew one of 18 going back to 1997. 19 my employees. 19 Q. Can you recall in general what he 20 Q. Who knew -- who in The Feil 20 said to you? 21 Organization knew one of your employees? 21 A. In general? 22 A. Mr. Ratner, Mr. Andrew Ratner. 22 Q. Yes. 23 Q. And who did Mr. Ratner know in your 23 A. In general I believe he was going 24 company? 24 out to two or three different companies, and he'd 25 A. He knew myself and he knew another 25 heard of us. He had been, I believe, to a Page 12 Page 13 1 H. O'HARA 1 H. O'HARA 2 building and he liked our lobby that we designed 2 Q. Do you recall which Feil 3 for that building, and asked whether we'd be 3 Organization building was the first building you 4 willing to do an upfront little design study and 4 did work for? 5 compete against other firms, and they would select 5 A.