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. No. 6 the successful architectural design firm based 6 Q. Okay. Do you recall after you had 7 upon the initial presentations. 7 that conversation with Mr. Ratner whether, in 8 Q. What year was that? 8 fact, you did bid for the work that Mr. Ratner had 9 A. I'd be guessing. 9 alluded to in his phone call? 10 Q. Was it as soon as you opened your 10 A. Yes. 11 doors in 1997? 11 Q. Did you get the job? 12 A. No. 12 A. Yes. 13 Q. Was it a few years after you had -- 13 Q. Do you recall what building that 14 A. Yes. 14 was? 15 Q. Let me just finish my questions. 15 A. No. 16 A. Sorry. 16 Q. Okay. When you got the job, did 17 Q. I appreciate you're earnest to 17 you execute an agreement? 18 answer. 18 A. Yes. 19 Was it a few years after you had 19 Q. Do you recall who the contracting 20 established your own architectural firm? 20 party was? 21 A. Yes. 21 A. No. 22 Q. Was it more than five years? 22 (O'Hara Exhibit 1 marked for 23 A. No. 23 identification.) 24 Q. Was it less than five years? 24 Q. Mr. O'Hara, I'm going to show you a 25 A. Yes. 25 copy of drawings that we received from the

4 TSG Reporting - Worldwide 877-702-9580 Page 14 Page 15 1 H. O'HARA 1 H. O'HARA 2 Managing Agent of 1049 Fifth Avenue. 2 question before you get to the specifics. 3 A. Okay. 3 Do you recognize this document? 4 Q. I just want you to identify this 4 A. Yes. 5 for now. I have copies that are more manageable 5 Q. This is a document that was created 6 for the purposes of this deposition, but I'd like 6 by your company? 7 you to -- 7 A. Yes. 8 A. That's fine. Let the record 8 Q. Okay. What's page 2? 9 reflect that drawings are being passed to 9 A. Page 2, Drawing A-001, reflects a 10 Mr. O'Hara. 10 general note sheet that is required by the 11 Q. If you can, Mr. O'Hara, take a look 11 department of buildings to identify all basic code 12 at these drawings, which have been marked as 12 analyses accompanied by further sheets that are 13 O'Hara Exhibit 1. 13 all required for filing in the Department of 14 A. Page 1 of Exhibit 1 identifies a 14 Buildings that are referred to as general notes. 15 cover sheet, which is standard protocol for all of 15 As I turn to page A-002 there is a 16 the projects that we do in our office, generally 16 second page of dwelling notes, multiple dwelling 17 identifying the address and who is generally the 17 and general notes. 18 owner until such time that a single asset entity 18 Q. Mr. O'Hara, was this document filed 19 would be set up. 19 with the New York City Department of Buildings? 20 MR. JENSEN: All of these are 20 A. I believe so. 21 marked as 1? 21 Q. Go ahead. I'm sorry. 22 MR. MORRISON: Yes, it's one 22 A. Exhibit 1, page A-003, more of the 23 document. 23 same, indicating abbreviations, legends, and 24 A. That's the cover sheet. 24 symbols. 25 Q. Let me just ask you a more general 25 Page A-104 -- sorry -- A-004 Page 16 Page 17 1 H. O'HARA 1 H. O'HARA 2 indicates the barrier-free design requirements for 2 JAMB details for the door. 3 80-A and Local Law 58, which, again, is a standard 3 Drawing A-500 is a blow-up of the 4 sheet that we attached to our filings. 4 entry bathroom, which actually served the public 5 Exhibit 1, Drawing A-005, is 5 people within the private residence, meaning it's 6 further details outlining the barrier free design. 6 for guests, as opposed to being a bathroom that's 7 Drawing A-100 indicates what looks 7 on suite. This was a bathroom to be used by 8 like came out of an offering plan, but was given 8 guests and was updated in connection -- you'll 9 to one of my architects because we don't draw this 9 find out later on that we also did some fence work 10 way. And we quickly put a sketch of a unit on the 10 out on the terrace. 11 7th floor, 7C, on this plan, referred to as the 11 So, this was in connection to that 12 demolition plan. 12 work, and it merely shows a bathroom blow-up. Any 13 A-101 shows the proposed floor 13 questions? 14 plan. 14 Q. I have a ton of questions all day 15 A-300 is a partition schedule that, 15 long, but you're doing great. 16 again, accompanies my drawing, showing the fire 16 A. Drawing A-501 shows an additional 17 rating of partitions for life safety between 17 bathroom, the master bathroom, which would be on 18 apartments, within apartments, providing the 18 suite, meaning exclusive to the master bedroom. 19 proper fire ratings required by the Department of 19 Drawing A-601 indicates a reflected 20 Buildings. 20 ceiling plan, which means it's an image of what 21 Drawing A-301 is a door schedule, 21 the ceiling would look like if you're looking up 22 which again was lifted from another project and 22 at it, for purposes of edification. 23 probably all we did was identify a couple doors 23 Drawing ID700 -- "ID" standing for 24 from this sheet. 24 interior design -- shows some closet outfitting 25 Drawing A-302 are the accompanying 25 normally done by a company like California

5 TSG Reporting - Worldwide 877-702-9580 Page 18 Page 19 1 H. O'HARA 1 H. O'HARA 2 Closets, et cetera. 2 Correct? 3 Drawing ID701, more of the same, 3 A. Yes, because I -- the answer is yes 4 customized cabinet. 4 because I was told -- 5 Drawing E100, a simply layperson's 5 Q. Just yes or no. You don't have to 6 electrical plan, identifying outlets, cable 6 tell me what you were told. 7 locations, quad receptacles, et cetera. 7 MR. JENSEN: No, you have not. 8 That is the last page in this 8 A. No, I have not. 9 exhibit that I have. 9 MR. JENSEN: For the record, it's 10 Q. Okay. Your company, your firm 10 because it's not called for by the subpoena. 11 created Exhibit 1 in the ordinary course of 11 But we don't have to -- that's not your issue. 12 business? 12 THE WITNESS: Okay. 13 A. Yes. 13 MR. JENSEN: As narrowed by the 14 Q. Does your company have a copy of 14 Judge. 15 these drawings that have been marked as Exhibit 1 15 (O'Hara Exhibit 2 marked for 16 in your files? 16 identification.) 17 A. Yes. 17 Q. I just want you to confirm that 18 Q. Okay. Do you know if anyone at The 18 Exhibit 2 is an accurate copy of Exhibit 1. It's 19 Feil Organization or Mr. Feil received a copy of 19 just been reduced to make it more manageable for 20 Exhibit 1? 20 the purposes of this deposition. 21 A. Yes. 21 A. Okay. Let the record reflect that 22 Q. Who? 22 I am turning pages of a full-size set, comparing 23 A. Mr. Feil. 23 it to a reduced set. 24 Q. And you have not produced the -- 24 I have compared the two sets of 25 your copy of Exhibit 1 pursuant to the subpoena. 25 drawings, and to the best of my knowledge, the Page 20 Page 21 1 H. O'HARA 1 H. O'HARA 2 reduced set reflects the information indicated in 2 Q. Did Jeffrey Management manage the 3 the larger full-size set. 3 building located at 1049 Fifth Avenue? 4 Q. Thank you. And just for the 4 A. I don't believe so. 5 purposes of the record, you've compared Exhibit 2 5 Q. Okay. Sitting here today, do you 6 to Exhibit 1. Correct? 6 have any recollection as to why your firm 7 A. Correct. 7 indicated that Jeffrey Management -- that the 8 Q. O'Hara Exhibit 1 to O'Hara Exhibit 8 project was going to be in the name of Jeffrey 9 2? 9 Management? 10 A. That's correct. 10 A. No. 11 Q. Thank you. Let's start with the 11 Q. If you look on the next page in the 12 first page of O'Hara Exhibit 2. What is Jeffrey 12 general notes on the right-hand side, if you 13 Management? 13 notice there's a project number, 0812. 14 A. Jeffrey Management is a company 14 Do you see that? 15 that manages buildings. 15 A. Yes. 16 Q. Okay. Was Jeffrey Management the 16 Q. Okay. And, by the way, Mr. O'Hara, 17 client for this job? 17 if you want, I can give you Exhibit 1, in case you 18 A. Mr. Feil was the client for this 18 need to refer to larger print. 19 job. 19 A. All right. Thank you. 20 Q. And when you say "Mr. Feil" you're 20 MR. AMSEL: Can you just explain 21 referring to Jeffrey Feil? 21 where you are? 22 A. Jeffrey Feil. 22 MR. MORRISON: Yes, sorry. The 23 Q. Why isn't Jeffrey Feil's name on 23 lower right-hand corner, near the numbers 24 the first page of the drawings? 24 A-001. 25 A. I don't know. 25 Q. There's a project number that says

6 TSG Reporting - Worldwide 877-702-9580 Page 22 Page 23 1 H. O'HARA 1 H. O'HARA 2 0812. Do you see that? What is that, sir? 2 asked to open a new job number, so that they're in 3 A. That is our job number that we 3 sequence. 4 assign to projects, regardless of whether they're 4 Q. And what did it take to open a new 5 new projects, prospective projects, and the first 5 job number? 6 digit usually refers to the year. 6 A. You input the next one, so right 7 Q. So, 08, does that refer to the year 7 after 0811 would be 0812. 8 2008? 8 Q. And what would you input to create 9 A. That's correct. 9 the new job number? 10 Q. Okay. And what does 12 refer to? 10 A. The letters 0812. 11 A. The 12th job that year. 11 Q. Would you input who the client was? 12 Q. Okay. Was there paperwork created 12 A. Yes. 13 in 2008 by your firm to open a project number? 13 Q. Okay. And what was input -- what 14 A. No. 14 did your company input for the client for Project 15 Q. Was there any computer data 15 No. 0812? 16 inputted to open a project number? Let me ask you 16 A. I don't recall. I don't want to 17 a better question. 17 speculate. 18 A. I think I know what you want to 18 Q. Is there any document that your 19 know. 19 company has that would indicate who the client was 20 Q. I'll withdraw it, but I appreciate 20 for Project No. 0812? 21 that. 21 A. Yes. 22 What did it take to open up a 22 Q. Okay. What document is that? 23 project number in 2008 at your company? 23 A. I would call my assistant and find 24 A. Myself or another architect or 24 out what she put next to 0812. 25 project manager goes to my administration and 25 Q. Okay. Do you still have that Page 24 Page 25 1 H. O'HARA 1 H. O'HARA 2 document today? 2 A. I believe so. They were, however, 3 A. I still have the computer that 3 retained by, I believe, Broadwall Management. 4 shows what could be the printable document. 4 Q. Okay. So, you're not paying their 5 MR. MORRISON: Okay. So, I'm going 5 bills today? 6 to request that document. I know your 6 A. No, I am not. 7 attorney is going to take that under 7 Q. Okay. Or for your preparation? 8 advisement for now, but I will request that 8 A. No, I am not. 9 document. 9 Q. Okay. The next line near the 10 MR. JENSEN: We'll take that under 10 numbers A-001, which is the second page on O'Hara 11 advisement. 11 Exhibit 2, has the date 8/16/08. Do you see that? 12 Q. By the way, are you represented by 12 A. Yes, I do. 13 counsel today? 13 Q. Is that August 16th, 2008? 14 A. Yes. 14 A. That is correct. 15 Q. And who is your counsel? 15 Q. Okay. And then the next line says 16 A. My counsel is sitting to my right. 16 "scale N.T.S." Does that mean "not to scale"? 17 Q. And that's Mr. Jensen? 17 A. That is correct. 18 A. Yes. 18 Q. Okay. And then under that it says 19 Q. And his firm, Park & Jensen? 19 "drawn by SS." Do you see that? 20 A. That's correct, sir. 20 A. Yes, I do. 21 Q. And did you ask them to represent 21 Q. Who is SS? 22 you for today's deposition? 22 A. I believe it's Sean Smith 23 A. Yes, I did. 23 (phonetic). 24 Q. Okay. Have you signed an 24 Q. Who is Sean Smith? 25 engagement letter with them? 25 A. He was an architect that worked

7 TSG Reporting - Worldwide 877-702-9580 Page 26 Page 27 1 H. O'HARA 1 H. O'HARA 2 with me up until four or five years ago. 2 A. They're on comparable levels. 3 Q. Was he a senior architect with your 3 Q. They were on comparable levels? 4 firm in 2008? 4 A. Yes, like I just said. 5 A. He was a project manager. 5 Q. So, they're both project managers? 6 Q. Okay. What did that mean in 2008 6 A. Yes. 7 at your firm, to be a project manager? 7 Q. Mr. O'Hara, did you dedicate any 8 A. He could run a project pretty much 8 time to the project at 1049 Fifth Avenue, whose 9 from beginning to end, know that he could get help 9 drawings we're looking at as O'Hara Exhibit 2? 10 either in the drafting room or from me, should it 10 A. Enough to ensure that what was 11 be necessary, as I like to review drawings or have 11 proposed to be built was in accordance with New 12 my senior personnel review drawings. 12 York City DOB standards. 13 Q. Okay. And then it says "checked by 13 Q. Okay. Besides Mr. Smith -- I 14 D.S.W." Do you see that? 14 assume Sean Smith is a male? 15 A. Yes, I do. 15 A. Yes, that's correct. 16 Q. What initials are DSW? 16 Q. Besides Mr. Smith and Mr. Weisberg, 17 A. I believe David Weisberg 17 were there any other employees of your firm who 18 (phonetic). I'm not sure on the spelling. 18 worked on the project that is reflected in O'Hara 19 Q. And who is David Weisberg? 19 Exhibit 2? 20 A. He worked under Sean Smith. 20 A. I believe Frank Demmerle, 21 Q. Was he junior to Sean Smith? 21 D-E-M-M-E-R-L-E. And that's about it. It wasn't 22 A. Yes. Actually, they were on 22 a large project at all for us. 23 comparable levels, I should say. 23 Q. Okay. And who is Frank Demmerle? 24 Q. I was going to then ask you why 24 A. He was an associate. 25 would he be checking Sean Smith's drawings. 25 Q. Is he an architect? Page 28 Page 29 1 H. O'HARA 1 H. O'HARA 2 A. Registered? No. 2 A. $100. 3 Q. Is there a difference between a 3 Q. In 2008 what was Mr. Weisberg's 4 registered and unregistered architect -- 4 hourly rate? 5 A. Yes. 5 A. $100. 6 Q. -- at your firm in 2008? 6 Q. And in 2008 what was Mr. Demmerle's 7 A. Not really. 7 hourly rate? 8 Q. Did he perform services as an 8 A. Probably $125. 9 architect? 9 Q. So, Mr. Demmerle was billed at a 10 A. Yes. 10 higher rate than the two project managers? 11 Q. What does it take to be a 11 A. Correct. 12 registered architect? 12 Q. Why is that? 13 A. You have to pass the exam and have 13 A. Because he oversaw that group of 14 a license and seal. 14 four or five project managers. 15 Q. Are you allowed to bill him out at 15 Q. So, he was higher up in your 16 the same rate as registered architects? 16 company than the project managers? 17 A. No. Actually, may I correct the 17 A. Yes. 18 record? 18 Q. Even though he was an unregistered 19 Q. Please. 19 architect? 20 A. I'm allowed to bill anybody what I 20 A. Yes. 21 seem fit to bill them at. 21 Q. Okay. And in 2008 what was your 22 Q. Okay. Fair enough. In 2008 what 22 hourly rate? 23 was Mr. Smith's hourly rate? 23 A. I believe around $300. 24 A. I don't recall. 24 Q. $300 an hour? 25 Q. Okay. Do you recall in general? 25 A. I believe.

8 TSG Reporting - Worldwide 877-702-9580 Page 30 Page 31 1 H. O'HARA 1 H. O'HARA 2 Q. All right. And these are all -- 2 2008? 3 A. Industry standard. 3 A. Yes. 4 Q. -- approximately. Right? 4 Q. Okay. And 135 West 36th Street, 5 A. Yes, they're all approximate. 5 New York, New York, 10018, was that the address 6 Q. Okay. And do you recall any other 6 for your firm in 2008? 7 employees at your firm in 2008 that worked on the 7 A. Yes. 8 project at 1049 Fifth Avenue? 8 Q. Okay. Back to page 2, sir. In the 9 A. No, I do not. 9 right-hand margin, where it says "issued 6/24/08." 10 Q. Okay. Do you have any documents 10 Do you see that, "issued for 11 currently that would reflect the actual billable 11 review"? 12 rates of these gentlemen in 2008? 12 A. Yes. 13 A. I'm sure I could find a 2008 hourly 13 Q. And 6/24/08, is that June 24th, 14 schedule. I do have schedules. 14 2008? 15 MR. MORRISON: Okay. I would 15 A. That is correct. 16 request that document as well. 16 Q. And then it says "issued for 17 THE WITNESS: Okay. 17 review." Do you see that? 18 MR. JENSEN: I won't repeat this 18 A. Yes, I do. 19 each time you make a document request, but 19 Q. What does that mean? 20 we'll take them all under advisement. 20 A. That it would have been issued for 21 Q. Let's go back to the front page of 21 review presumably by a building department 22 Exhibit 2, Mr. O'Hara. Do you see the architect 22 expediter and/or Mr. Feil. However, I would be 23 says H. Thomas O'Hara Architect, PLLC? 23 guessing, as I did not see them review it. 24 A. Yes. 24 Q. Okay. What about by the 25 Q. Was that the name of your firm in 25 condominium? Page 32 Page 33 1 H. O'HARA 1 H. O'HARA 2 A. Also by the condominium. 2 the fact that he brought documents with him 3 Q. Okay. Did your firm, in or about 3 today, so I'm asking him what that means. 4 June of 2008 have any correspondence with the 4 MR. JENSEN: You didn't bring any 5 condominium located at 1049 Fifth Avenue? 5 documents responsive to the subpoena today? 6 A. I believe we did. 6 That folder of things you have relates to 7 Q. All right. Do you have copies of 7 other -- real work. 8 that correspondence? 8 THE WITNESS: No. But this is real 9 A. No, I don't. 9 work. 10 Q. Okay. Do you know what happened to 10 MR. MORRISON: Thank you. 11 that file? 11 Q. Just so the record is clear, do you 12 A. I was told it was not necessary to 12 have access to the file that contains 13 bring, as it wasn't one of the five items that 13 correspondence between your firm and 1049 Fifth 14 were in the scope of discussion for today's 14 Avenue regarding the project at Apartment 7C? 15 deposition. 15 A. I believe I do, yes. 16 Q. Okay. I'm asking a more general 16 MR. MORRISON: Okay. I would 17 question. Do you have it in your offices? 17 request that file. 18 A. Yes. 18 THE WITNESS: May I just ask one 19 Q. Okay. Did you bring documents 19 question? 20 today with you? 20 MR. MORRISON: Sure. 21 A. I brought documents that are 21 THE WITNESS: The most I would find 22 responsive to the narrowed subpoena request. 22 would be a transmittal, sending it to the 23 MR. JENSEN: Are you referring to 23 Condominium Board, that would have been filled 24 the folder of things he has with him? 24 out by somebody else, but I can certainly 25 MR. MORRISON: He just referred to 25 look. I'm not sure it's there, but I'll

9 TSG Reporting - Worldwide 877-702-9580 Page 34 Page 35 1 H. O'HARA 1 H. O'HARA 2 certainly look. 2 between Jeffrey Management and Broadwall 3 MR. JENSEN: He's going to make a 3 Management? 4 lot of those requests today. That's something 4 A. Absolutely not. 5 he and I will discuss later. 5 Q. Do you have an understanding of the 6 THE WITNESS: I just want to tell 6 relationship between Jeffrey Management, Broadwall 7 the truth. 7 Management, and The Feil Organization? 8 MR. JENSEN: Okay. Understood. 8 A. No. 9 Q. Prior to June of 2008, did you or 9 Q. Okay. Were you asked -- and when I 10 your firm have any history with Jeffrey 10 say "you" I mean your firm as well -- were you 11 Management? 11 and/or your firm asked to bid for the project at 12 MR. JENSEN: I don't know what you 12 1049 Fifth Avenue? 13 mean by "history." 13 A. Not that I recall. 14 MR. MORRISON: Yeah, it's a bad 14 Q. How did it come about that you 15 question. I'll rephrase it. 15 obtained the job to work at Apartment 7C at 1049 16 Q. Prior to June 2008, had you or your 16 Fifth Avenue in 2008? 17 firm performed any services for Jeffrey 17 A. One of my architects that was -- I 18 Management? 18 believe it was Frank Demmerle was approached by 19 A. I don't know whether it was 19 Mr. Feil, who requested some help with some 20 specifically Jeffrey Management, but in general I 20 exterior fencing I believe the Condo Board wanted 21 worked with people that were employees of one of 21 him to address. 22 those entities, meaning Broadwall or Jeffrey 22 Q. And when you say "exterior 23 Management. 23 fencing," are you referring to fencing on terraces 24 Q. Okay. And sitting here today, do 24 that were at his apartment? 25 you have an understanding of the difference 25 A. That is correct. Page 36 Page 37 1 H. O'HARA 1 H. O'HARA 2 Q. Okay. And prior to Mr. Feil 2 A. No. He was like give me a fence 3 contacting Mr. Demmerle, had you, or anyone at 3 like this high. 4 your firm, had any discussions with Mr. Feil 4 Let the record reflect that 5 regarding renovating an apartment at 1049 Fifth 5 whatever I'm called is raising his hand six feet 6 Avenue? 6 in the air. 7 A. No. 7 Q. So, Mr. Feil said to Mr. Demmerle, 8 Q. And did Mr. Demmerle convey his 8 in sum or substance, give me a fence six-foot high 9 conversation with Mr. Feil to you after he spoke 9 on my terrace? 10 with Mr. Feil? 10 A. Right. 11 A. Yes. 11 Q. And had he tried to build or erect 12 Q. And what did he say to you? 12 that fence prior to contacting Mr. Demmerle? 13 A. Mr. Feil would like us to help him 13 A. I do not know. 14 out with legalizing the fence, and there's some 14 Q. What were the condo issues involved 15 issues with the Condo Board, which I don't recall. 15 with erecting that fence in 2008; if you know? 16 Q. And did Mr. Feil explain to 16 A. I'd be guessing. 17 Mr. Demmerle and/or to you what he meant by 17 (Recess taken.) 18 "legalizing" the fence issue? 18 Q. At the time that Mr. Feil contacted 19 A. Yes. He wanted us to file the 19 Mr. Demmerle, had you and/or your company 20 fencing in concurrence with the as-built or the 20 performed any work for the buildings at Clermont 21 proposed to be as-built condition. 21 York? 22 Q. And who had proposed the fencing, 22 A. Yes. 23 if it wasn't you or your company? 23 Q. Okay. How did a discreet request 24 A. Mr. Feil. 24 for help regarding fencing on the terraces turn 25 Q. Were there drawings? 25 into the project that is reflected in Exhibit 2?

10 TSG Reporting - Worldwide 877-702-9580 Page 38 Page 39 1 H. O'HARA 1 H. O'HARA 2 A. By, as I mentioned earlier, in 2 MR. JENSEN: I'm instructing the 3 Exhibit 1, when we were discussing Exhibit 1, all 3 witness that he only has to answer your 4 but three of these pages took about 30 seconds. 4 question. Your question was does he have any 5 So, in general, this amount of 5 records, and he said no. 6 work, albeit seven or eight pages, is fairly 6 Q. Why don't you have the records? 7 de minimus to us. 7 A. Because I had a server blow up. 8 Q. Which three pages in Exhibit 2 took 8 Q. When? 9 more than a de minimis amount of time to create? 9 A. 2010. I think the word is "crash." 10 A. It was probably an hour on A-100, 10 Q. And what documents did you lose in 11 an hour on A-101, an hour on A-500, an hour and a 11 that crash? 12 half on A-501, and an hour on A-600, half an hour 12 A. I don't know. 13 on ID-700, half an hour on ID-701. 13 Q. Did you have a laptop in 2008? 14 Q. Do you have any records that 14 A. Related to the office? 15 reflect the exact amount of time that was spent 15 Q. Yes. 16 creating Exhibit 2? 16 A. No. 17 A. I don't that I recall. We had a 17 Q. Did you do any work on your laptop? 18 server break down in 2010. 18 A. No. 19 MR. JENSEN: You don't have to 19 Q. Did any of your architects that 20 explain. 20 worked for you have laptops? 21 MR. MORRISON: Yes, you do. I 21 A. For the office? 22 would ask you to explain. 22 Q. Yes. 23 MR. JENSEN: No, he doesn't. 23 A. I don't recall. 24 MR. MORRISON: Are you instructing 24 Q. Did your office have computers? 25 him not to answer? 25 A. Yes. Page 40 Page 41 1 H. O'HARA 1 H. O'HARA 2 Q. How many? 2 A. No. I know that the trustee's 3 A. One each. 3 accountant took several documents, but those 4 Q. And how many is that in total? 4 should be in my hard drive. 5 A. 12. 5 Q. Today? 6 Q. You know your bankruptcy filing 6 A. Not today. I don't know what I 7 said you had 25 computers. 7 have. And I apologize I can't be more accurate. 8 A. Right. 8 However with the crash, some things got lost and 9 Q. Okay. So, what's the difference 9 some things didn't. It was not a good thing. 10 between the 12 and the 25? 10 Q. But you know for certain that 11 A. I didn't have 25 employees. I 11 whatever document that kept track of the hours for 12 can't give more computers than employees. 12 this project has been lost? 13 Q. At the time of your crash in 2010 13 A. I don't know for certain. I do 14 you only had 12 employees? 14 know that I looked for hours, and I could not find 15 A. I had -- yes. 15 any. 16 Q. Did your computers crash before or 16 Q. Okay. Is it possible that there 17 after you filed for bankruptcy? 17 was hard copies of those documents that were in 18 A. After. After Chapter 11. 18 your files? 19 Q. And did the files that you created 19 A. Possible that they existed? 20 in connection with keeping track of the time for 20 Q. Yes. 21 the project at 1049 Fifth Avenue, were those ever 21 A. Yes. 22 turned over to your bankruptcy attorney to help 22 Q. And what would have happened to 23 him prepare the petition? 23 them? 24 MR. JENSEN: Objection. 24 A. They would have been sent to 25 Q. You can answer. 25 storage because architects build so much paper

11 TSG Reporting - Worldwide 877-702-9580 Page 42 Page 43 1 H. O'HARA 1 H. O'HARA 2 that if you don't get them out of there quickly, 2 Q. And they would have documents for 3 your office becomes nothing but a mountain of 3 H. Thomas O'Hara Architect, PLLC. 4 large drawings. So, they were sent to a storage 4 Is that correct? 5 company in New Jersey. 5 A. That is correct. 6 Q. Okay. Have you looked at any 6 Q. Okay. Now, document O'Hara Exhibit 7 manifests or inventories from your storage 7 2, page A-100, which is called "Demolition Plan," 8 facility to see whether or not there are any files 8 do you see that, sir? It's the -- 9 relating to the project at 1049 Fifth Avenue? 9 A. Yes, I do. Thank you. 10 A. No, I cannot, as they were owed 10 Q. Now, is it your testimony this 11 money and will not allow me to purview my drawings 11 document -- this page took approximately an hour 12 because they are owed money and were discharged 12 to create. Is that right? 13 under the Chapter 11. So, I have no access to my 13 A. That's correct. 14 files in this New Jersey warehouse. 14 Q. Who created it? 15 Q. And the entity that purchased your 15 A. I don't know. 16 former firm out of the bankruptcy has no access to 16 Q. Okay. Do you see it says "drawn by 17 those files? 17 D.S.W."? 18 A. Correct. 18 A. Yes. 19 Q. What is the name of the storage 19 Q. Did he create it? 20 facility? 20 A. I didn't see him. 21 A. FileBank. 21 Q. Why were you creating a demolition 22 Q. Where are they located? 22 plan if the project was just to erect a fence on 23 A. New Jersey. 23 the terrace? 24 Q. To the best of your knowledge? 24 A. Because the scope of the work 25 A. New Jersey. 25 increased from a terrace to add improving these Page 44 Page 45 1 H. O'HARA 1 H. O'HARA 2 two bathrooms. 2 master bathroom, you'll see that the fixtures, 3 Q. And which two bathrooms are you 3 water closets, sinks, tub, and shower are shown to 4 referring to? 4 be removed. 5 A. The two bathrooms we discussed 5 Q. Okay. And was it your firm's -- 6 earlier in the testimony, the public bathroom and 6 withdrawn. 7 the on-suite master bathroom. 7 What role did your firm play in 8 Q. Okay. And when did the scope of 8 connection with the renovation of the two 9 the project change? 9 bathrooms? 10 A. On or around June 2008. 10 A. We worked with selected tile. And 11 Q. Okay. When were you originally 11 as indicated in the blow-up drawings, drew a 12 contacted regarding the erection of a fence on the 12 master bathroom and a public bathroom. 13 terrace? 13 Q. Okay. So, did Mr. Feil use an 14 A. Early 2008. 14 interior designer for this work? 15 Q. Were there drawings prior to O'Hara 15 A. I don't recall. 16 Exhibit 2 that were created for the project at 16 Q. Did your firm do any interior 17 1049 Fifth Avenue? 17 design work in connection with 1049 Fifth Avenue? 18 A. I don't know. 18 A. Some might call this interior 19 Q. What demolition was involved in 19 design. So, under the definition of that, yes. 20 connection with renovating the two bathrooms 20 Q. Okay. And would the interior 21 outlined on page A-100 of Exhibit 2? 21 design work not be reflected in the architectural 22 A. The removal of the dotted lines -- 22 drawings? 23 there are dotted lines indicated on the exhibit. 23 A. Yes, it would be. 24 The dotted lines are keyed to say "existing to be 24 Q. So, is that additional work that 25 removed." Looking at the public bathroom and the 25 your firm performed that are not reflected in

12 TSG Reporting - Worldwide 877-702-9580 Page 46 Page 47 1 H. O'HARA 1 H. O'HARA 2 these drawings? 2 Q. Someone from your firm? 3 A. No. 3 A. Yes. 4 Q. Why not? 4 Q. And is the inspection work 5 A. Because it's in the drawings in 5 reflected on Exhibit 2? 6 Exhibit 2. 6 A. No. 7 Q. Okay. So, we'll get to that. But 7 Q. Okay. Who at your firm inspected 8 you testified just before that you picked the 8 the apartment? 9 tiles. Is that correct? You or your firm, did 9 A. I don't recall. 10 they pick the tiles for the bathroom? 10 Q. Would the inspection occur before 11 A. Can you please read back the 11 or after the work was done? 12 question? I don't recall that. 12 A. After. 13 Q. Okay. Let me just ask you then: 13 Q. Okay. Was part of your services 14 Did you pick the tiles for the bathroom? 14 that you performed at 1049 Fifth Avenue liaising 15 A. Not that I recall. 15 with the Condominium Board? 16 Q. What did you do for the bathroom? 16 A. Yes. 17 A. Drew it. 17 Q. Okay. Is that work reflected on 18 Q. That's it? 18 Exhibit 2? 19 A. That's it. Drew it and inspected 19 A. No. 20 it. 20 Q. Okay. What did you do to liaise 21 Q. And then, I'm sorry? 21 with the Condominium Board? 22 A. Drew it. 22 A. Sent them the drawings and 23 Q. And then? 23 paperwork, as the Condominium Board is usually the 24 A. And then subsequently inspected it. 24 signatory for the Department of Building forms. 25 Not me personally. 25 Q. And do you recall doing that Page 48 Page 49 1 H. O'HARA 1 H. O'HARA 2 specifically with respect to this project? 2 A. Somebody from William Vitacco 3 A. No. 3 Associates. 4 Q. Okay. Did someone from your firm 4 Q. And is that work that you and/or 5 do that? 5 your firm performed reflected in Exhibit 2? 6 A. Yes. 6 A. No. 7 Q. Do you recall who from your firm 7 Q. What other work did you and/or your 8 liaised with the Board of 1049 Fifth Avenue? 8 firm perform at 1049 Fifth Avenue that is not 9 A. No. 9 reflected in Exhibit 2? 10 Q. Do you have any documents that 10 A. Filling out DOB paperwork. I mean, 11 would reflect who it was at your firm who liaised 11 Department of Buildings paperwork. 12 with the Board at 1049 Fifth Avenue? 12 Q. Anything else? 13 A. No. 13 A. And as you mentioned, coordinating 14 Q. Was part of your services for the 14 with the owner-selected Building Department 15 project at 1049 Fifth Avenue liaising with the 15 expediter. 16 Department of Buildings or an expediter who was 16 Q. Anything else? 17 working with the Department of Buildings? 17 A. No. 18 A. Yes. 18 Q. Did you have any interaction with 19 Q. In connection with the project at 19 Mr. Feil and/or his wife with respect to their 20 1049 Fifth Avenue, did you or someone from your 20 personal preferences for what the apartment was 21 firm also liaise with either the Department of 21 going to look like? 22 Buildings or an expediter working with the 22 A. No. 23 Department of Buildings? 23 Q. Did anyone at your firm have that 24 A. Yes. 24 interaction? 25 Q. Who did that? 25 A. Yes.

13 TSG Reporting - Worldwide 877-702-9580 Page 50 Page 51 1 H. O'HARA 1 H. O'HARA 2 Q. Who was that? 2 Q. Yes. 3 A. Frank Demmerle. 3 A. I don't know how time gets in a 4 Q. And is that work reflected in 4 document. 5 Exhibit 2? 5 Q. Right. So, the work where he is 6 A. Yes. 6 meeting with Mr. Feil and/or reviewing samples is 7 Q. How? 7 in addition to the drawing that he creates after 8 A. In the bathroom blowups, in the 8 reviewing and meeting with Mr. Feil. Right? 9 shelving blowups, and in the public bathroom 9 MR. AMSEL: Objection to form. 10 blowups. 10 A. Not necessarily. 11 Q. Okay. So, did Mr. Demmerle meet 11 Q. Okay. Why is that incorrect? 12 with Mr. Feil and/or his wife to discuss their 12 A. Because he can specify a 12 by 12 13 preferences? 13 tile, give it to the owner, and have him put in 14 A. I don't know. 14 what they want. 15 Q. How would Mr. Demmerle obtain 15 Q. Who can specify a 12 by 12? 16 information regarding Mr. Feil's preferences? 16 A. We can specify and draw a 12 by 12 17 A. He would either be given a sample 17 tile, a bathroom with 12 by 12 tiles. 18 of a tile that was selected by someone or he would 18 Let the record indicate that I'm 19 meet with them, but I was not there, so I can't 19 going to Exhibit 2 and pointing to Drawing A-500, 20 say that I know it occurred. 20 and indicating drawing lines that appear to be 21 Q. Okay. But his review of those 21 stacked like bricks in the shower under Elevation 22 tiles and/or his meetings with Mr. Feil or someone 22 A. 23 representing Mr. Feil, is that time reflected in 23 And this was the extent of our work 24 Exhibit 2? 24 related to the bathroom. 25 A. The time? 25 Q. Okay. What color were those Page 52 Page 53 1 H. O'HARA 1 H. O'HARA 2 bricks? 2 MR. MORRISON: Do you have an 3 A. I don't know. 3 objection? 4 Q. Who would know? 4 MR. JENSEN: I do. 5 A. Mr. Feil, perhaps Mr. Demmerle, and 5 MR. MORRISON: What's your 6 anybody at the Condo Board. 6 objection? 7 Q. All right. So, to the extent that 7 MR. JENSEN: My objection is you're 8 Mr. Demmerle was involved in picking the color, is 8 wasting Mr. O'Hara's time. 9 that reflected in Exhibit 2? 9 MR. MORRISON: Okay. Let's move 10 MR. JENSEN: Well, do you know? 10 on. You're wasting my time. 11 A. I don't know. 11 Q. Did the scope of the project 12 MR. JENSEN: Is that a question? 12 increase beyond the two bathrooms? 13 THE WITNESS: Read two questions 13 A. The scope did not increase beyond 14 ago. 14 the two bathrooms and the fencing, that I recall. 15 MR. JENSEN: I think you've 15 Q. Why did you draw a reflected 16 answered the question. 16 ceiling plan? 17 THE WITNESS: It was asked and 17 A. Because that related to the two 18 answered. 18 bathrooms. 19 Q. What's the answer? 19 Q. How? 20 A. No. 20 A. The two bathrooms needed additional 21 Q. No, it's not reflected? 21 lighting. 22 A. No. 22 Q. Okay. So, the reflected ceiling 23 MR. JENSEN: Are you going to ask 23 plan is only in relation to the two bathrooms? 24 questions about your case at some point, 24 A. No. As I look at it, there is 25 Andrew? 25 additional work here. I don't know who directed

14 TSG Reporting - Worldwide 877-702-9580 Page 54 Page 55 1 H. O'HARA 1 H. O'HARA 2 it. We are not lighting designers. 2 lights with new white reflector cones." 3 Q. What additional work do you see on 3 Q. Is that greater than just the 4 page A-600, beyond lighting for the two bathrooms? 4 bathroom work? 5 A. I see a new chandelier. I see new 5 A. Unless it was in the bathrooms. 6 lighting. I, however, don't see any switching. 6 Q. Well, don't guess. Do you know? 7 Q. And if you see on the notes to 7 A. Yes. It's additional work. 8 No. 1 -- and you can look on the larger document 8 Q. Okay. Have you ever been to the 9 if it helps you to read it -- it says: 9 apartment, 7C, at 1049 Fifth Avenue? 10 "Replace all existing." 10 A. Yes. 11 Do you see that? 11 Q. Is it a duplex apartment? 12 A. Uh-huh. 12 A. I only went to one floor. I don't 13 Q. What does that say? 13 recall. 14 A. There is a symbol. To the right of 14 Q. Okay. Did you ever have any 15 the symbol, which is a circle with two parallel 15 conversations with Mr. Feil or representatives 16 lines through it: 16 from Mr. Feil as to why there was more than one 17 "Existing duplex electrical to 17 terrace at the apartment? 18 remain." 18 A. No. 19 Q. Well, I think you're on the wrong 19 Q. On page E 100, which you had just 20 page. I'm on A-600. 20 begun to read when I stopped you, it says 21 A. Oh, sorry. I apologize. 21 "existing duplex." Do you see that? 22 Q. It's okay. 22 A. Yes. 23 A. On the lower right-hand part of the 23 Q. Do you know what that means? 24 drawing, under the word "Notes," No. 1: 24 A. Let the record show that the 25 "Replace all existing large down 25 defendant is pointing in an outlet in conference Page 56 Page 57 1 H. O'HARA 1 H. O'HARA 2 room whatever that shows your thing plugged in, 2 Q. And did Frank Demmerle keep files 3 which identifies a duplex outlet. 3 with respect to this project? 4 Q. So, "duplex" refers to the outlet, 4 A. I don't know. 5 not the apartment? 5 Q. Who would know? 6 A. "Existing duplex electrical to 6 A. He would know. 7 remain," yes. 7 Q. Okay. Have you searched your files 8 Q. Thank you. 8 for Frank Demmerle's files? 9 A. You're welcome. 9 A. Yes, I did. 10 (O'Hara Exhibit 3 marked for 10 Q. How about for Sean Smith's files? 11 identification.) 11 A. Yes, I did. 12 MR. MORRISON: This is Penmark 12 Q. And for David Weisberg's files? 13 Realty Corp. letterhead. It's Bates stamped 13 A. Yes, I did. 14 1049 FIFTH AVE 11 through 28. 14 Q. Did they have files? 15 Q. Mr. O'Hara, let me know if you've 15 A. They were all shipped to FileBank. 16 had a chance to look over this document. 16 Q. Which is the storage facility in 17 A. I've scanned the document. 17 New Jersey? 18 Q. Okay. Do you recognize any part of 18 A. That's correct. 19 this document? 19 Q. Okay. Do any of those individuals 20 A. No. 20 still work for you? 21 Q. Okay. Who at your firm interfaced 21 A. No. 22 with the Board of Directors of the condominium 22 Q. Okay. If you look at page 2, 23 with respect to the job at Apartment 7C? 23 letter -- No. 6, letter B -- actually, it's letter 24 A. I believe that was asked already. 24 B on page 2 in the middle of the document, 25 However, it was Frank Demmerle. 25 "Submission Documents." Do you see that?

15 TSG Reporting - Worldwide 877-702-9580 Page 58 Page 59 1 H. O'HARA 1 H. O'HARA 2 A. Yes, I do. 2 A. $55,000. 3 Q. "The following must be submitted to 3 Q. For the entire project? 4 the Account Executive in order for a proposed 4 A. Yes. 5 alteration to be considered: 5 Q. What did -- what work was 6 "1. Four sets of architectural 6 contemplated by that estimate? 7 engineering plans." 7 A. All of the work pertaining to the 8 Do you know if that was done? 8 renovation. 9 A. I don't, but I assume it was. 9 Q. And what specific renovation? 10 Q. Okay. 10 A. The specific renovation to 11 "2. Signed copies of the 11 Apartment 7C at 1049 Fifth Avenue. 12 alteration agreement." 12 Q. And what specific work to the 13 Do you know if that was done? 13 apartment was included in the $55,000 estimate? 14 A. I don't, but I assume it was. 14 A. These plans, and the approved 15 Q. "Check payable to 1049 Fifth Avenue 15 plans, and whatever needed to be done to complete 16 Condominium in an amount equal to the greater of 16 the sign-off. 17 $5,000 or 10 percent of estimated construction 17 Q. Okay. So, the work on the 18 cost as certified by the owner's architect." 18 terraces, the work for the bathrooms, the work for 19 Do you see that? 19 the electrical? 20 A. Yes, I do. 20 A. The lighting. 21 Q. Did you certify to the building the 21 Q. Anything else? 22 estimated construction cost for the project at 22 A. Patching and repairing and 23 Apartment 7C? 23 demolition. I think we mentioned demolition. 24 A. Yes, I did. 24 Q. And was there demolition other than 25 Q. What was the estimated cost? 25 on the terrace and/or the bathrooms? Page 60 Page 61 1 H. O'HARA 1 H. O'HARA 2 A. I don't recall. 2 A. No. 3 Q. Okay. And did you discuss with any 3 Q. Okay. Was the project -- when it 4 of the contractors what the estimated cost would 4 was complete, was the cost of the project 5 be for the project? 5 approximately $55,000? 6 A. No. 6 A. I didn't see any bills, but it's in 7 Q. How did you come up with the number 7 the range. 8 55,000? 8 Q. Did the $55,000 estimate include 9 A. I estimated approximately how much 9 your fees? 10 I thought the work would be. I ran it by 10 A. No. 11 Vitacco's office, and it was submitted with a 11 Q. Why not? 12 $55,000 cost affidavit. 12 A. Because the affidavit reflects 13 Q. There was a cost affidavit that was 13 construction hard cost numbers. 14 submitted to the Department of Buildings? 14 Q. Okay. On page 0020, which is page 15 A. Yes. 15 6 of the letter. 16 Q. Okay. Do you have a copy of that 16 A. Okay. I have it. 17 cost affidavit? 17 Q. Paragraph 17, do you see it says: 18 A. It's online. 18 "We agree all work shall be 19 Q. It's online? 19 completed within one year of the date the work 20 A. Uh-huh. 20 commences." 21 Q. Did you keep a copy? 21 A. Yes. 22 A. No. 22 Q. Did the renovation at Apartment 7C 23 Q. Did the scope of the project change 23 finish within a year? 24 after you certified that the estimate was for 24 A. I would be guessing. I don't know. 25 $55,000? 25 Q. Look on page 11.

16 TSG Reporting - Worldwide 877-702-9580 Page 62 Page 63 1 H. O'HARA 1 H. O'HARA 2 MR. AMSEL: Page 11 of the letter? 2 A. I've reviewed it. 3 MR. MORRISON: Yes. 3 Q. Okay. Do you recognize this 4 Q. And do you recognize Jeffrey Feil's 4 document? 5 signature? 5 A. No. 6 A. I don't, but I guess that is it. 6 Q. Was this document -- you've never 7 Q. Don't guess. That's fine. 7 seen this document prior to today? 8 MR. JENSEN: Don't guess. 8 A. I'm sure I have. 9 THE WITNESS: All right. 9 Q. When is the last time you saw it? 10 Q. Do you know why Mr. Feil signed 10 A. I don't recall. 11 this and not Jeffrey Management? 11 Q. Okay. What did you do to prepare 12 MR. AMSEL: Objection to form. 12 for today's deposition? 13 MR. JENSEN: Objection. 13 A. I looked through my servers and my 14 A. But I believe I still have to 14 personal computers, and I went to the various 15 answer it. 15 files based on the 08 job number to see what I 16 Q. Yes. 16 could find. I also searched my QuickBooks, my 17 A. Because it's his apartment. 17 proposals, as well as my payment records, in 18 (O'Hara Exhibit 4 marked for 18 preparation for this deposition. 19 identification.) 19 Q. Okay. And did you see documents 20 MR. MORRISON: This is a 20 that were helpful to you to prepare for your 21 transmittal letter from H. Thomas O'Hara 21 deposition? 22 Architect, PLLC, dated July 31st, 2008. 22 A. I -- no. 23 Q. Mr. O'Hara, take a look at what's 23 Q. Did you see any documents that 24 been marked as Exhibit 4, and let me know when 24 helped you refresh your recollection, if it needed 25 you've had a chance to review it. 25 to be refreshed? Page 64 Page 65 1 H. O'HARA 1 H. O'HARA 2 A. Yes. 2 A. Yes. 3 Q. What documents did you see? 3 Q. Did Ms. Boller (phonetic) or 4 A. I saw Exhibit 1, and I looked at 4 Mr. Nathan attend any of the meetings by phone? 5 the Department of Buildings website. 5 A. I don't know that. 6 Q. Anything else? 6 Q. How about Mr. Amsel or anyone from 7 A. I looked through -- I had myself 7 his firm? 8 and my executive assistant go through the files, 8 A. No. 9 and I had an architect go through all the files to 9 Q. Someone from your firm had to 10 make sure that I saw all the drawings that were 10 interact with the Board's architect in order to 11 done. However, I must confess I saw no 11 get the Board approval for the job. Correct? 12 transmittal letters in my database. 12 MR. JENSEN: Objection. 13 Q. Okay. And did you meet with 13 A. Presumably. 14 Mr. Jensen prior to today? 14 Q. Yes. And who is Glass & Glass? 15 A. Yes. 15 A. Glass & Glass are reviewing 16 Q. How many times? 16 architects that have spent many, many years 17 A. Twice. 17 reviewing architects for condominium and co-op 18 Q. For how long? 18 boards. 19 A. Half an hour yesterday, and 45 19 Q. Okay. And did they have comments 20 minutes 10 days ago. 20 and/or issues with your plans? 21 Q. Was anybody else in your meetings? 21 A. I don't know. 22 A. I think the first one was just us, 22 Q. Okay. Do you see it says in the 23 and yesterday was him and his associate. 23 middle: "HTO requirement letter." 24 Q. Mr. Andrix, who is sitting here 24 A. In the middle where? 25 today? 25 Q. Of Exhibit 4.

17 TSG Reporting - Worldwide 877-702-9580 Page 66 Page 67 1 H. O'HARA 1 H. O'HARA 2 A. Yes. "One original HTO requirement 2 issues that Glass & Glass had raised with respect 3 letter." 3 to the plans for Apartment 7C? 4 Q. Do you know what that is? 4 A. It appears so. 5 A. No. 5 Q. Okay. And did he bill his time for 6 Q. "Glass & Glass requirement letter 6 that? 7 dated July 27th, 2008." 7 A. No. 8 Do you see that? 8 Q. Okay. Did he track his time for 9 A. Yes, I do. 9 that? 10 Q. Do you know what that is? 10 A. Probably. 11 A. No. 11 Q. Okay. Do you have a document that 12 MR. MORRISON: Mark as Exhibit 5, 12 would show -- 13 O'Hara Exhibit 5, a letter from H. Thomas 13 A. Asked and answered. 14 O'Hara Architect, PLLC, dated July 29th, 2008. 14 Q. -- how much time he spent 15 (O'Hara Exhibit 5 marked for 15 responding to the Glass & Glass requirements 16 identification.) 16 letter? 17 A. Yes, I've read this. 17 A. Asked and answered. 18 Q. Okay. And have you seen this 18 Q. What's your answer? 19 document prior to today? 19 THE WITNESS: Do you want to go 20 A. Not that I recall. 20 back to his question and reread my answer 21 Q. Okay. Do you know who Nancy 21 relative to the time sheets? 22 Califano is? 22 Q. You don't want to give me the 23 A. No. 23 answer? 24 Q. Okay. Do you recall, in general, 24 A. Whatever my answer was before is 25 whether Mr. Weisberg was working to deal with any 25 the answer now. You know the answer. Page 68 Page 69 1 H. O'HARA 1 H. O'HARA 2 Q. What's the answer, yes or no? 2 Exhibit 6. 3 A. Look, this isn't going to work with 3 (O'Hara Exhibit 6 marked for 4 me. 4 identification.) 5 THE WITNESS: Go back and read him 5 Q. This is a letter dated June 27th 6 the answer. 6 2008 from Glass & Glass to Nancy Califano at 7 MR. MORRISON: No. It's my 7 Penmark Realty. Have you seen this document prior 8 deposition, not yours. She does what I tell 8 to today? 9 her to do. Okay? 9 A. Not that I recall. 10 THE WITNESS: Okay. So, tell her 10 Q. Do you recall discussing the issues 11 not to do it. 11 raised by Glass & Glass with response to your 12 MR. JENSEN: He's answered your 12 plans at Apartment 7C with anyone at your firm? 13 question. 13 A. Not specifically. 14 Q. I'm asking you whether or not you 14 Q. Okay. And were you aware that 15 have any documents relating to the response to the 15 Glass & Glass raised at least five issues on June 16 Glass & Glass requirements letter. 16 27th, 2008? 17 MR. JENSEN: That's a different 17 A. No. 18 question. 18 Q. You're not aware of that? 19 A. That's a different question. 19 A. Now I am. 20 Q. What's the answer to that question? 20 Q. Do you know whether your firm 21 THE WITNESS: Repeat his question. 21 addressed the concerns raised by Glass & Glass? 22 (The requested portion of the 22 A. I would assume they did. 23 record was read.) 23 MR. JENSEN: Don't assume. Do you 24 A. Not that I know of. 24 know? Do you have a recollection? 25 MR. MORRISON: This is O'Hara 25 THE WITNESS: I don't. I don't

18 TSG Reporting - Worldwide 877-702-9580 Page 70 Page 71 1 H. O'HARA 1 H. O'HARA 2 recall. 2 on the job. We've been through this. 3 MR. AMSEL: Just for the record, 3 MR. JENSEN: Let's take a break. 4 you said five items, but there's an item 4 (Recess taken.) 5 missing. 5 (O'Hara Exhibit 7 marked for 6 THE WITNESS: There's only four. 6 identification.) 7 MR. MORRISON: Fine. Four items. 7 MR. MORRISON: Exhibit 7 is a memo 8 Thank you. 8 dated June 30th, 2008, and a copy of a check 9 Q. Let's go back to O'Hara Exhibit 5, 9 from Jeffrey Feil to Penmark Realty Corp. in 10 where your project manager writes: 10 the amount of $250. 11 "This letter certifies that the 11 Q. Do you see that? 12 project for the above address will proceed as per 12 A. Yes, I do. 13 the Glass & Glass requirement letter dated July 13 Q. Were you involved in sending the 14 27th, 2008." 14 checks to the Condominium Board for the various 15 Do you see that? 15 amounts that were required by the Board? 16 A. I saw that. 16 A. I don't recall. 17 Q. Do you know whether anyone at your 17 Q. Have you seen this document prior 18 firm kept track of their time addressing the 18 to today? 19 issues that were raised by Glass & Glass? 19 A. No, I have not. 20 A. Not specifically. 20 (O'Hara Exhibit 8 marked for 21 Q. What do you recall generally? 21 identification.) 22 A. It was asked and answered. 22 MR. MORRISON: Okay. 8 is a memo 23 MR. JENSEN: If anything. Do you 23 dated September 3rd, 2008, re: security 24 recall? 24 deposit, 1049 Fifth Avenue 7C. There's a copy 25 THE WITNESS: People put down hours 25 of the front of a check from Jeffrey Feil for Page 72 Page 73 1 H. O'HARA 1 H. O'HARA 2 $5,000. 2 Q. Do you understand my question? 3 Q. Do you see that? 3 A. Yes. The $5,000 would appear to be 4 A. Yes, I do. 4 less than the $55,000, which would be -- require a 5 Q. Did the $5,000 represent 10 percent 5 check for $5,500. 6 or approximately 10 percent of the estimated cost 6 Based on the cost affidavit of 7 of the project, as we referred to in the 7 $55,000, the greater of $5,000 or 10 percent of 8 agreement? 8 the construction cost, which is $55,000, would 9 A. Approximately. However, I believe 9 require a check of $5,500, in accordance with the 10 in my quick scan of that condo, I think it said 10 Condo Association. 11 you require -- and, again, I just looked at this 11 Q. Do you know whether Mr. Feil 12 quickly -- a check for $5,000, where you brought 12 increased his security deposit as the scope of the 13 my attention to submission documents. And I'm on 13 project grew? 14 page 2B, No. 3, check to $5,000. This was on 14 A. I do not know. I do not know. 15 Exhibit 3. 15 (O'Hara Exhibit 9 marked for 16 Q. Okay. Actually, if you read that 16 identification.) 17 sentence that you just referred to -- and thank 17 MR. MORRISON: It's a letter dated 18 you for referring back to that -- it says "the 18 July 1st, 2009, sent certified mail, return 19 greater of $5,000 or 10 percent of the cost." 19 receipt requested, to Jeffrey Feil, re: 20 So, what I'm asking you is: Was 20 unauthorized terrace alterations. The letter 21 $5,000 less than 10 percent of the cost or was it 21 is from Nancy Califano, the property manager 22 10 percent of the cost or the estimated cost? 22 at Penmark Realty Corp. 23 MR. JENSEN: Are you asking him to 23 Q. Mr. O'Hara, let me know when you've 24 do the math or are you asking whether he has 24 had a chance to review this letter. 25 any knowledge of this? 25 A. Certainly. I reviewed the letter.

19 TSG Reporting - Worldwide 877-702-9580 Page 74 Page 75 1 H. O'HARA 1 H. O'HARA 2 Q. Have you seen this letter prior to 2 personnel didn't bring me up to date in 3 today? 3 chronological order. 4 A. No. 4 Q. Okay. Well, it says here in 2009: 5 Q. Do you recall any discussions with 5 "As per my conversation with 6 anyone at your firm regarding the Condo's position 6 Mr. Ratner from your office, you undertook to 7 that the terrace alterations were unauthorized? 7 install wood decking and wall panels on your 8 A. I did not know they were 8 terrace." 9 unauthorized. 9 Was wood decking and wall panels 10 Q. Okay. Do you recall whether the 10 contemplated in the drawings that you and your 11 Condo's position, as set forth in their July 1st, 11 firm created? 12 2009 letter, caused you or anyone at your firm 12 A. I don't recall. I know wood 13 additional work to be performed in connection with 13 panels/wood flooring, we have to watch the flame 14 the project at Apartment 7C? 14 spread. We'd be looking very carefully at the 15 A. No. No, I don't believe it caused 15 wood flooring. 16 additional work. 16 Q. Can you look on Exhibit 2 -- I'm 17 Q. Okay. Why is that? 17 not asking you to do so yet, but can you tell from 18 A. Because the first I heard of was 18 Exhibit 2 whether or not your plans called for 19 the terrace issue. 19 wood decking and wall panels on the terrace? 20 Q. I'm sorry. The first you heard? 20 A. May I look? 21 A. As mentioned earlier in the 21 Q. Yeah, sure. 22 deposition, the terrace issue was the first issue 22 A. None that I can see. 23 that I heard of. 23 Q. Okay. And, in fact, the property 24 Q. Okay. 24 manager writes in her letter, which is at O'Hara 25 A. And it might just be that my 25 Exhibit 9, that: Page 76 Page 77 1 H. O'HARA 1 H. O'HARA 2 "The alteration agreement between 2 Q. Do you know how that issue got 3 you and the condominium, dated June 26th" -- 3 resolved? 4 A. "You" is not me. 4 A. No. 5 Q. That's correct. "You" meaning 5 Q. Do you know if you or anyone in 6 Jeffrey Feil. 6 your firm was responsible for resolving the issue? 7 A. Please clarify that. 7 A. No. 8 Q. "You" being Jeffrey Feil -- "and 8 (O'Hara Exhibit 10 marked for 9 the condominium, dated June 26th, 2008, did not 9 identification.) 10 address this work, nor was any such work approved 10 MR. MORRISON: This is O'Hara 11 by the Condominium Board." 11 Exhibit 10, which is a letter dated August 12 Do you see that? 12 14th, 2009, to Mr. Jeffrey Feil from Penmark 13 A. Yes, I do. 13 Realty, re: unauthorized terrace alterations. 14 Q. Do you recall any discussions after 14 Q. Mr. O'Hara, please review what's 15 your drawings of a change where wood decking and 15 been marked as O'Hara Exhibit 10. Let me know 16 wood panels would be placed on the terrace? 16 when you've had a chance to look it over. 17 A. I don't recall specifically wood. 17 A. Certainly. Should I read all the 18 I do recall that there was an issue regarding the 18 pages? 19 fencing that we were supposed to help resolve. 19 Q. I'm not going to ask you about 20 Q. And when you say "fencing," do you 20 them. I'm just going to ask about the cover 21 understand that to be equivalent or roughly 21 letter. 22 equivalent to her reference to wall panels; if you 22 A. So, just the first page? Okay. 23 know? 23 Q. Review as much as you're 24 A. I would say that would be a correct 24 comfortable with. 25 assumption. 25 A. I've completed review of the first

20 TSG Reporting - Worldwide 877-702-9580 Page 78 Page 79 1 H. O'HARA 1 H. O'HARA 2 page. 2 A. Or I just answer the question? 3 Q. Okay. Have you seen this document 3 Q. I'm asking you in general were you 4 prior to today? 4 aware. 5 A. No. 5 MR. JENSEN: Well, if he's asking 6 Q. Okay. Were you aware of the issues 6 you whether you're aware of it, I think you 7 that were raised in O'Hara Exhibit 10 prior to 7 got to look at it. 8 reading this now? 8 THE WITNESS: Well, then I'll 9 A. No. 9 become aware of it. 10 Q. Did you have any discussions with 10 MR. MORRISON: Sure. 11 anyone at your firm, or with Mr. Feil or any of 11 A. No, I have not ever seen this 12 his representatives, about damage to Unit 60 that 12 document or the bidding. 13 occurred during the renovation project? 13 (O'Hara Exhibit 11 marked for 14 A. No. 14 identification.) 15 Q. Did anyone from Mr. Feil and/or his 15 MR. MORRISON: O'Hara Exhibit 11 is 16 representatives ask you to review the proposals 16 a letter dated October 21, 2009 from Penmark 17 made by the Board's architects in connection with 17 Realty to Mr. Jeffrey Feil. 18 Mr. Feil's right to select between the two 18 Q. Have you seen this document prior 19 proposals made by the Board? 19 to today? 20 A. Were those proposals after the 20 A. No. 21 opening page to this document? 21 Q. Okay. Were you aware that there 22 Q. Yes. 22 was a violation issued with respect to the work on 23 A. So, therefore, I should continue to 23 the deck? 24 read to Exhibit 10? 24 A. Not then. I am now. 25 Q. If you want to. I'm asking -- 25 Q. Okay. Were you asked or anyone at Page 80 Page 81 1 H. O'HARA 1 H. O'HARA 2 your firm asked to deal with that issue? 2 A. I don't know. 3 A. Not as it relates to -- only as it 3 Q. Is that something you would expect, 4 relates to working on the terrace. 4 it to remain open? 5 Q. Were you still involved with the 5 A. Yes. 6 project in October of 2009? 6 Q. When does a project number close? 7 A. I believe so. 7 A. I don't know. 8 Q. In what capacity? 8 (O'Hara Exhibit 12 marked for 9 A. Just probably working on the fence 9 identification.) 10 work. 10 MR. MORRISON: This is a letter of 11 Q. So, the fence work took over a year 11 transmittal to Glass & Glass, Elliott Glass, 12 to conclude. Is that correct? 12 dated January 4th, 2010, re: 1049 Fifth 13 A. I don't know. 13 Avenue, 7C, alteration. 14 Q. Was anyone else at your firm 14 Q. Please let me know when you've had 15 involved with the project in 2009 besides you? 15 a chance to review it. 16 A. Sean Smith and Frank Demmerle. 16 A. I reviewed it. 17 Q. And in the ordinary course of 17 Q. Okay. And do you see in the middle 18 business were they keeping track of their time 18 box it says: 19 during 2009? 19 "Enclosed is one 10/21/09 20 A. I don't know. 20 renovation plan received 1/4/2010." 21 Q. Was it something you would have 21 Do you see that? 22 expected them to do? 22 A. Yes. 23 A. Yes. 23 Q. Do you recall whether you or anyone 24 Q. Was the project 0812 number still 24 at your firm revised any of the drawings that were 25 open in 2009? 25 submitted as reflected in Exhibit 1 and 2 in

21 TSG Reporting - Worldwide 877-702-9580 Page 82 Page 83 1 H. O'HARA 1 H. O'HARA 2 today's deposition? 2 Q. Okay. Have you seen this document 3 A. I don't recall. 3 prior to today? 4 Q. Okay. Do you see in the remarks at 4 A. Not that I recall. 5 the bottom it says: 5 Q. Okay. And in O'Hara Exhibit 13, 6 "I am forwarding two drawings 6 Glass & Glass writes to Penmark: 7 issued by the architect of the owner of Unit 7C at 7 "We are in receipt of Drawing 8 1049 Fifth Avenue for your review and approval." 8 A-100.00 revised 11/10/09, prepared by H. Thomas 9 A. I see that. 9 O'Hara Architect in response to our comments to 10 Q. Were you or anyone at your firm 10 you of October 30th regarding the proposed 11 involved with obtaining additional approvals in or 11 installation of terrace screening and divider at 12 about January 4th, 2010? 12 the captioned apartment. 13 A. I don't recall. 13 We have also spoken with Mr. O'Hara 14 Q. Do you recall anything about this 14 with regard to this proposal." 15 issue? 15 Do you see that? 16 A. No. 16 A. Yes. 17 (O'Hara Exhibit 13 marked for 17 Q. Do you recall talking or speaking 18 identification.) 18 with Glass & Glass regarding the terrace screening 19 MR. MORRISON: This is a letter 19 and divider in or about November of 2009? 20 dated November 22nd, 2009 from Glass & Glass 20 A. No, I do not. 21 to Nancy Califano at Penmark Realty, re: 21 Q. Do you recall revising Drawing 22 Apartment 7C at 1049 Fifth Avenue. 22 A-100.00 on or about November 10th, 2009? 23 Q. Let me know when you've had a 23 A. No, I do not. 24 chance to review this. 24 Q. Do you recall discussing with 25 A. Okay. Yes, I've read it. 25 Glass & Glass the issues that are listed in Page 84 Page 85 1 H. O'HARA 1 H. O'HARA 2 Exhibit 13? 2 the issues raised by Glass & Glass in Exhibit 13? 3 A. I don't recall. 3 A. I believe they were. 4 Q. Did you keep a diary of your time 4 Q. Do you know if they recorded their 5 at work? 5 time? 6 A. No. 6 A. I'm not sure. 7 Q. Do you know if you recorded your 7 Q. Do you know, sitting here today, 8 time for your conversations with Glass & Glass in 8 whether or not those issues were resolved? 9 or around November of 2009, regarding Apartment 9 A. Not with certainty. 10 7C? 10 (O'Hara Exhibit 14 marked for 11 A. I know whether I did. 11 identification.) 12 Q. Did you? 12 MR. MORRISON: O'Hara Exhibit 14 is 13 A. No. 13 a letter from Glass & Glass dated January 5th, 14 Q. Why not? 14 2010 to Ms. Nancy Califano at Penmark Realty 15 A. Because I don't keep my time 15 Corp. 16 sheets. 16 Q. Let me know when you've had a 17 Q. Does someone keep them for you? 17 chance to review this. 18 A. They've tried to, but to no avail. 18 A. I have reviewed it. 19 Q. Is it your practice that you do not 19 Q. Okay. Does this refresh your 20 bill your time to your clients? 20 recollection, to the extent it needed refreshing, 21 A. 99 percent of my work is a lump sum 21 as to whether or not the issues were resolved? 22 job. 22 A. It does not. 23 Q. Okay. Do you know whether any of 23 (O'Hara Exhibit marked for 24 the other architects or employees of your firm 24 identification.) 25 were involved, in November of 2009, with regard to 25 MR. MORRISON: Exhibit 15 is a

22 TSG Reporting - Worldwide 877-702-9580 Page 86 Page 87 1 H. O'HARA 1 H. O'HARA 2 document Bates stamped 1049 FIFTH AVE 000053, 2 A. Since it's got the .00, let me just 3 and it's Drawing A-100.00. 3 see if -- 4 Q. Let me know when you've had a 4 MR. JENSEN: There is no point -- 5 chance to review this, Mr. O'Hara. 5 in Exhibit 2 there is no point anything. 6 A. I have. 6 THE WITNESS: Correct. 7 Q. Do you recognize this document? 7 A. This is an added drawing, correct. 8 A. Yes. 8 Q. It's an added drawing? 9 Q. What is it? 9 A. Yes. 10 A. This is detailed terrace dividers 10 Q. Okay. Did this reflect an 11 at the exterior terraces, showing adjoining 11 additional scope of the work that you were 12 terrace dividers and detailed sections. 12 performing at Apartment 7C? 13 Q. Okay. Was this a revision to the 13 A. No. This reflects the work that I 14 A-100 that was included in Exhibits 1 and 2 today? 14 thought was part of the undertaking. 15 A. Let the record reflect I'm looking 15 Q. Was it -- if you know, was it the 16 at the old Exhibit 2, I believe, and comparing the 16 Board's position that this Exhibit 15 should have 17 smaller drawing, A-100, which has a later date, 17 been included in Exhibit 2? 18 which I can't make out. 18 A. I don't know. 19 Q. It's 10/21/09. 19 Q. Okay. And do you see in the 20 A. 10/21/09, which does appear to be 20 right-hand column it says: 21 an amended drawing. 21 "Issued 10/22/09, issued to Elliott 22 Q. Is it an amended drawing? I don't 22 Glass; and 11/10/09, issued to Elliott Glass." 23 mean to confuse you. Or is it just a different 23 Do you see that on the right-hand 24 drawing? Because this one says "terrace divider 24 column? 25 details." 25 A. Unfortunately, I can't see, so I do Page 88 Page 89 1 H. O'HARA 1 H. O'HARA 2 trust you on that. 2 today, how much time was spent by your firm 3 Q. Okay. Do you recall whether you or 3 creating A-100.00, which is O'Hara Exhibit 15? 4 anyone at your firm issued Exhibit 15 to Elliott 4 A. Probably two hours. 5 Glass for his review? 5 Q. And who would have worked on it? 6 A. I would assume yes. However, this 6 Withdrawn. 7 is not signed and sealed. 7 Who did work on it? 8 Q. Now, what does that mean, it's not 8 A. I'm not sure. 9 signed and sealed? 9 Q. Okay. Did you work on it? 10 A. It doesn't really mean too much, 10 A. No. 11 except that it wasn't signed and sealed. 11 Q. Okay. Did you submit an invoice to 12 Q. But what does that specifically 12 Mr. Feil or Jeffrey Management in connection with 13 mean, not signed and sealed? 13 the work that you performed at 1049 Fifth Avenue, 14 A. It would not have been filed with 14 Apartment 7C? 15 the Department of Buildings yet. 15 A. Not that I recall, no. 16 Q. Okay. Because it does not have 16 Q. Why is that? 17 your firm's seal on it? Is that what you mean? 17 A. Because I do a lot of work for the 18 A. Like this. 18 largest developers in New York, and I often do 19 Q. Okay. 19 favors, such as this apartment renovations, for 20 A. I'm pointing to a seal in a seal 20 all of my high-end clients, RFR related, the Trump 21 box of a typical drawing. 21 Organization, Trevor Davis, Bruce Eigner. 22 Q. Do you know whether A-100.00 was 22 MR. MORRISON: Can you read back 23 submitted to the Department of Buildings? 23 his answer, please? 24 A. I don't recall. 24 (The requested portion of the 25 Q. Can you tell me, sitting here 25 record was read.)

23 TSG Reporting - Worldwide 877-702-9580 Page 90 Page 91 1 H. O'HARA 1 H. O'HARA 2 Q. Okay. Did you consider your work 2 discussion regarding providing your work as a 3 performed at 1049 Fifth Avenue, Apartment C, to be 3 professional courtesy? 4 a favor to Mr. Feil? 4 A. No. 5 A. No. I considered it a professional 5 Q. It was one discussion? 6 courtesy. 6 A. Yes. 7 Q. What's the difference, in your 7 Q. They were both on the phone? 8 mind? 8 A. No. I saw them on the 6th Floor of 9 A. One is professional and one is not. 9 their office building. 10 Q. Okay. When he asked you to get 10 Q. Okay. Why were you there? 11 involved at the beginning, was it understood that 11 A. I believe I went up to see them on 12 you were going to do it as a professional courtesy 12 another issue. 13 and not charge him for the work? 13 Q. What was the other issue? 14 MR. AMSEL: Objection to form. 14 A. I don't recall. 15 A. I told him that we would take care 15 Q. At the time that you agreed to 16 of this for him. 16 provide your services for free, were you doing 17 Q. Did he ask you? 17 work for The Feil Organization? 18 A. No. 18 A. 2009? I'd have to check. 19 Q. You volunteered to work for free? 19 Q. Well, in 2008, when you first 20 A. Yes. 20 submitted these forms that have been marked as 21 Q. Did you have that discussion 21 Exhibit 1 and 2, were you doing work for The Feil 22 directly with Jeffrey Feil? 22 Organization? 23 A. With Jeffrey Feil and Mr. Andrew 23 A. Yes. 24 Ratner. 24 Q. How much work? 25 Q. Did you have more than one 25 A. Not too much work. The lobby Page 92 Page 93 1 H. O'HARA 1 H. O'HARA 2 renovation we did. We did a bathroom. 2 Q. And is it your testimony that you 3 MR. JENSEN: He's asking about The 3 typically charge for renovations of apartments 4 Feil Organization in general. 4 lump sum and not keep an hourly total? 5 THE WITNESS: Yes, I know. 5 A. Typically, yes. 6 A. They had asked me to renovate a 6 Q. Okay. Does your fee ever relate to 7 lobby. They had asked me to do a window 7 the total cost of the project for an apartment 8 replacement. Again, that's 13 years ago, but 8 renovation? 9 occasionally they'd have me look at studies, like 9 A. No. 10 zoning studies. 10 Q. What's the most you've ever charged 11 Q. What was the amount of -- 11 for an apartment renovation? 12 withdrawn. 12 A. We don't do a lot of them. We do 13 What was the cost of the services 13 mainly high-rises. I don't know. $15,000. I'd 14 that you provided, you and your firm provided to 14 be guessing, but someplace in that range. 15 Mr. Feil in connection with the renovation of 1049 15 MR. JENSEN: Don't guess. 16 Fifth Avenue, Apartment 7C? 16 A. All right. Then I don't know. 17 A. I would estimate between $5,000 and 17 Q. When you say you do mainly 18 $7,500. 18 high-rises, what do you mean by that? 19 Q. And how do you come to that 19 A. We do multiple dwelling. We do 30, 20 estimation? 20 40-story buildings. And sometimes as a courtesy 21 A. Because I do these quite often. 21 we have to -- the owner will ask us if somebody 22 Generally, I charge $5,000 just for the liability, 22 buys a penthouse, they want to modify it, and then 23 because my errors and omissions is quite large 23 the owner pays me -- the owner of the developer 24 because of the size of my projects, and $2,500 for 24 would pay me to do -- to customize their 25 the drafting. 25 apartment.

24 TSG Reporting - Worldwide 877-702-9580 Page 94 Page 95 1 H. O'HARA 1 H. O'HARA 2 Q. And how much do you charge for 2 A. That's correct. 3 those, typically? 3 Q. Would you have charged him for out 4 A. $2,500. 4 of pockets? 5 Q. Okay. And do you consider those to 5 A. I don't like to be petty, but, no, 6 be, when you charge that, professional services? 6 probably not. 7 Is that what you call them? 7 Q. Okay. And was that your practice 8 A. Yes. It's break even. I just 8 before you went into bankruptcy? 9 break even. 9 A. Yes. 10 Q. What do you call those services, 10 Q. Is it still your practice after 11 when you invoice them out? 11 you've come out of bankruptcy? 12 A. The cost of doing business. 12 A. Yes. 13 Q. Do you send invoices? 13 (O'Hara Exhibit 16 marked for 14 A. Yes. 14 identification.) 15 Q. And what does it say on the 15 Q. How many apartments have you 16 invoice? 16 renovated as a professional courtesy for the 17 A. Amount due. 17 principals of RFR? 18 Q. Does it say "for professional 18 MR. JENSEN: I'm going to object on 19 services"? 19 the grounds of relevance. 20 A. Yes. 20 Q. You can answer. 21 Q. So, is it your testimony today that 21 A. At least four. 22 if you would have charged Jeffrey Feil for the 22 Q. When? 23 work that you did at Apartment 7C, 1049 Fifth 23 MR. JENSEN: Come on. Why is this 24 Avenue, you would not have charged him more than 24 relevant? Can you explain to me why this is 25 $7,500? 25 relevant to your case involving the Clermont Page 96 Page 97 1 H. O'HARA 1 H. O'HARA 2 properties? 2 A. No. 3 MR. MORRISON: I don't have to. 3 Q. Is it four? 4 MR. JENSEN: You don't have to? 4 A. It's several. I don't know. 5 Relevance is not an issue in taking a 5 Q. Okay. So you do want to change it. 6 third-party deposition? 6 A. No. 7 MR. MORRISON: Your objection is 7 MR. JENSEN: Don't worry about his 8 noted. 8 comments. Answer his questions to the best of 9 MR. JENSEN: I'd like to know why 9 your recollection, if you recall. 10 it's relevant. Why is it relevant? 10 Q. Is it four or several? 11 MR. MORRISON: I don't have to 11 A. It's several. 12 explain the theory of my case to you. 12 Q. Is that more than four? 13 MR. JENSEN: What entitles you to 13 A. You tell me. 14 waste his time? What's relevant about what he 14 MR. JENSEN: Come on. Come on. 15 charged, how many apartments he did for some 15 Q. I'm asking you. 16 party unrelated to this dispute? 16 A. You tell me. I mean, I don't know. 17 Q. You can answer. What time frame? 17 What's "few"? What's "several"? What's "some"? 18 THE WITNESS: Repeat the question, 18 I know a couple is two. 19 please. 19 Q. You're here to answer my questions. 20 MR. JENSEN: If you recall. 20 A. Several. 21 (The requested portion of the 21 Q. I'm asking you how many. 22 record was read.) 22 A. Whatever I said. 23 A. Several. 23 Q. You said four first. Now you said 24 Q. You said four before. Do you want 24 "several." 25 to change that? 25 MR. JENSEN: You want to spend your

25 TSG Reporting - Worldwide 877-702-9580 Page 98 Page 99 1 H. O'HARA 1 H. O'HARA 2 time on this stuff? 2 Q. Have you performed any services for 3 MR. MORRISON: I am spending my 3 Jeffrey Feil as a professional courtesy, other 4 time on this stuff. 4 than the apartment at 1049 -- let me rephrase my 5 A. Several. 5 question. 6 MR. JENSEN: Yeah, obviously you 6 Have you performed any renovation 7 are. 7 projects as a professional courtesy for Jeffrey 8 A. Several. 8 Feil, other than the Apartment 7C at 1049 Fifth 9 Q. Several? That's your answer? 9 Avenue? 10 A. Uh-huh. 10 A. No. 11 Q. How many apartments have you 11 Q. Have you performed any renovation 12 renovated for principals of the related 12 projects for Andrew Ratner at any of his 13 organization? 13 residences or any of his relatives' residences as 14 A. I don't recall. 14 a professional courtesy? 15 Q. And how many apartments have you 15 A. The answer is I looked at one of 16 renovated as a professional courtesy for 16 Mr. Ratner's plans very quickly. 17 principals of the Trump Organization? 17 Q. And where was that? 18 A. I don't recall. 18 A. Four or five years ago. 19 Q. Is it more than one? 19 Q. Where was the property? 20 A. I don't recall. 20 A. I don't recall. 21 Q. How many apartments have you 21 Q. And what did you do after you 22 renovated as a professional courtesy for 22 looked at it? 23 principals of Bruce Eigner? 23 A. He asked me to look at a bathroom. 24 A. One apartment. Two houses, two 24 It was in his hands. I said I'd move the door. 25 house additions. 25 He goes, thanks. Page 100 Page 101 1 H. O'HARA 1 H. O'HARA 2 Q. Okay. Anything else? 2 A. A chance to what? 3 A. No. 3 Q. Review it. 4 Q. Have you ever performed services 4 A. The document or the front page? 5 for Jay Andersen (phonetic) as a professional 5 Q. The document. I can ask you about 6 courtesy? 6 the specific pages to save some time, and if you 7 A. No. 7 need a chance to look it over in context, you're 8 Q. Have you ever performed services 8 welcome to it. 9 for any members of Jay Anderson's family? 9 A. That's fine. 10 A. No. 10 Q. Do you recall filing a petition for 11 Q. Have you ever performed services 11 bankruptcy in the United States District Court -- 12 for members of Jeffrey Feil's family, as a 12 United States Bankruptcy Court for the Southern 13 professional courtesy? 13 District of New York? 14 A. No. 14 A. Yes, I do. 15 Q. Have you ever performed services 15 Q. Do you recall on or about what date 16 for any other principal of The Feil Organization 16 that petition was filed? 17 as a professional courtesy? 17 A. I believe December 11th, 2009. 18 A. No. 18 Q. That's correct. And if you look on 19 Q. And when I asked "you," I meant you 19 page 3 -- I don't mean this to be a memory test. 20 or anyone in your firm. 20 Do you see it says December 11th, 21 A. I understood that. 21 2009? 22 Q. Okay. This is Exhibit 16. Exhibit 22 A. Yes, I do. 23 16 is a lengthy document. I'm going to ask you 23 Q. And was Mr. Hall your attorney for 24 about a couple of the pages. Let me know when 24 the purposes of filing the bankruptcy petition? 25 you've had a chance. 25 A. Yes, he was.

26 TSG Reporting - Worldwide 877-702-9580 Page 102 Page 103 1 H. O'HARA 1 H. O'HARA 2 Q. Okay. And if you look on -- the 2 of Financial Affairs. Do you see that? 3 quickest way to go through it is to look on the 3 MR. AMSEL: What page number are we 4 top of the page. Do you see where it says page 1 4 on? 5 of 61 on the top? 5 MR. MORRISON: Page 39 of 61. 6 A. Yes. 6 A. I have Statement of Financial 7 Q. That's paginated by the Court. 7 Affairs. 8 These were printed out of the Court files. If you 8 Q. Okay. At the bottom it says: 9 look on page 11 of 61. 9 "Income from employment or 10 A. Yes. 10 operation of business." 11 Q. No. 16, account receivable. Do you 11 Do you see that? 12 see that? 12 A. Yes. 13 A. Uh-huh. 13 Q. And for 2009 year-to-date net 14 Q. It says "see separate schedule." 14 revenue from architect services you have 15 A. Yes. 15 $2,316,231.40. Do you see that? 16 Q. $1,181,720.52. Do you see that? 16 A. Yes. 17 A. I see that. 17 Q. Out of that amount, how much was 18 Q. Was your work for Jeffrey Feil in 18 sourced by The Feil Organization? 19 connection with 1049 Fifth Avenue included in the 19 MR. JENSEN: I'm not sure what you 20 account receivable? 20 mean by sourced? 21 A. Not that I recall. 21 THE WITNESS: What percentage of 22 Q. And why is that? 22 this fee is Feil. 23 A. Because I didn't bill him. 23 MR. JENSEN: Attributable to? 24 Q. Okay. If you look on page 39 of 24 MR. MORRISON: Sure. I'll take 25 61, on the bottom of the page, it's the Statement 25 your question. Page 104 Page 105 1 H. O'HARA 1 H. O'HARA 2 Q. What percentage of this fee is 2 Q. And do you recall in 2007 whether 3 attributable to work performed for The Feil 3 The Feil Organization constituted less than 5 to 4 Organization? 4 10 percent of your business? 5 MR. JENSEN: If you know. 5 A. I'd be guessing without having the 6 A. I don't know. I do know one of -- 6 numbers in front of me. We're going years back, 7 they did -- well, go ahead. 7 and a lot has happened. 8 MR. JENSEN: Don't guess. 8 MR. JENSEN: If you recall, you 9 Q. How about the year before, 9 recall. 10 $1,153,155 for 2008? 10 Q. Okay. I don't want you to guess. 11 A. Marginal. 11 At the time that you submitted -- 12 Q. Marginal? 12 withdrawn. 13 A. One year was more. The other years 13 At the time that the Chapter 11 14 were marginal. 14 petition was submitted, did The Feil Organization 15 Q. And do you recall which years were 15 amount to between 5 and 10 percent of your 16 marginal? 16 business? 17 A. No. Every year but the year that 17 A. I'll look at the document. Do you 18 is not marginal, which I don't recall. 18 happen to know, to save me the time, whether 19 Q. What do you mean by "marginal," to 19 there's an AR -- 20 the best of your ability? 20 Q. Yes. Do you need that? 21 A. Less than 5 percent. 21 A. Can you direct me to that document? 22 Q. Less than 5 percent of your 22 MR. MORRISON: I'll give it to you. 23 business? 23 It's the next exhibit. That's fair enough. 24 A. Less than 5 to 10 percent of my 24 I'm finished with this. 25 business. 25 Before we go there, let me just

27 TSG Reporting - Worldwide 877-702-9580 Page 106 Page 107 1 H. O'HARA 1 H. O'HARA 2 mark one more exhibit. 2 A. Not that I recall. 3 (O'Hara Exhibit 17 marked for 3 Q. Did anyone at your firm interact 4 identification.) 4 with North Shore Cabinetry with regard to the 5 MR. MORRISON: O'Hara Exhibit 17 is 5 project at Apartment 7C? 6 an invoice from North Shore Cabinetry, dated 6 A. I can't be sure. 7 July 26th, 2010. 7 Q. Okay. Do you know how North Shore 8 Q. Have you had a chance to review 8 Cabinetry obtained the drawings that were created 9 this document? 9 by you and/or your firm? 10 A. Yes. 10 A. They would have been -- 11 Q. I assume you haven't seen this 11 MR. JENSEN: If you know. 12 document prior to today. Correct? 12 Q. If you know. 13 A. Your assumption is right. 13 MR. JENSEN: Do you know? 14 Q. Okay. Let me just ask you a few 14 THE WITNESS: I don't. 15 questions, if you're able to answer them. 15 MR. MORRISON: Okay. 16 A. Sure. 16 Q. Do you see that the invoice price 17 Q. This invoice dated July 26th, 2010 17 for the dividers is $37,910? 18 has a description: 18 A. No. I see for the benches, the 19 "Labor and materials to build 19 labor, and the materials it's 37,910. 20 terrace dividers as per Thomas O'Hara's drawings." 20 So, benches and railings, yes, 21 Do you see that? 21 dividers. 22 A. Yes. 22 Q. Okay. And did you have any 23 Q. Did you, at any time, interact with 23 discussions with North Shore Cabinetry when you 24 North Shore Cabinetry in connection with a project 24 estimated the amount of the project for the 25 at Apartment 7C? 25 purposes of providing a check for the security Page 108 Page 109 1 H. O'HARA 1 H. O'HARA 2 deposit? 2 A. Okay. 3 A. No. 3 Q. Just let me know when you've had a 4 Q. Sitting here today, do you know 4 chance to review the document. I'm only going to 5 whether the total cost for the project exceeded 5 be asking you about page 10. 6 $50,000? 6 A. All right. I've scanned page 10. 7 A. No. Clarification? 7 Q. Okay. And do you recognize this 8 Q. Sure. 8 document, sir? 9 A. The Department of Buildings doesn't 9 A. Yes. 10 look at finishes, like marble, sometimes when they 10 Q. What is this document? 11 estimate their fees, but I would think that 11 A. It's an accounts receivable aging 12 this -- I don't see why the $55,000 -- and the DOB 12 summary. 13 has the right to kick it out if they believe it's 13 Q. Okay. Do you recall submitting 14 an improper estimate. 14 this in connection with your firm's bankruptcy? 15 Q. Do you know whether the condo had a 15 A. Yes, I do. 16 similar position with respect to cost estimates, 16 Q. And it was an AR aging summary as 17 with regard to estimating the security deposit? 17 of September 22nd, 2009. Do you see that? 18 A. I don't know, but they had no issue 18 A. Yes, I do. 19 with the DOB documents, which they need to sign. 19 Q. And I think before we took a short 20 (Luncheon recess: 1:50 p.m.) 20 break we established that your bankruptcy petition 21 (O'Hara Exhibit 18 marked for 21 was filed on or about December 11th, 2009. 22 identification.) 22 Correct? 23 Q. I've given you what's been 23 A. Correct. 24 identified as O'Hara Exhibit 18. It's the AR 24 Q. On page 10 is the aging summary for 25 report. 25 45 to 60 days out, and greater than 60 days out.

28 TSG Reporting - Worldwide 877-702-9580 Page 110 Page 111 1 H. O'HARA 1 H. O'HARA 2 Do you see that? 2 was paid. 3 A. I see that. 3 Q. Okay. 4 Q. And for Feil, for 45 to 60 days 4 A. Do you agree? 5 out, it says zero for 200 West 57th Street, and 5 MR. JENSEN: It doesn't matter 6 zero for 270 West 124th Street. Do you see that? 6 whether he agrees. 7 A. Yes, I do. 7 THE WITNESS: No, I just wanted to 8 Q. Were those projects on 200 West 8 make sure I answered the question. 9 57th and 270 West 124th Street projects that you 9 MR. MORRISON: I wasn't pausing 10 had performed services for The Feil Organization? 10 because I was casting judgment on your answer. 11 A. Yes, they were. 11 THE WITNESS: Oh, okay. Sorry. 12 Q. Okay. And if you see greater than 12 Q. Do you recall in 2009 whether you 13 60, it says zero and zero. Do you see that? 13 had -- you or your firm had performed more than 14 A. Yes, I do. 14 two projects -- withdrawn. 15 Q. And was it zero because these had 15 Do you recall, on or about the time 16 been fully paid? 16 that you filed the bankruptcy petition, whether 17 A. Yes, or were current. 17 you had performed -- had open matters for more 18 Q. Okay. And were those the only two 18 than those two projects that were listed in the AR 19 projects that were outstanding for The Feil 19 receivables? 20 Organization in or about December 2009? 20 MR. AMSEL: Objection to form. 21 A. That is correct. 21 MR. JENSEN: Do you recall? 22 Q. Okay. Does that refresh your 22 THE WITNESS: I don't recall. 23 recollection as to the percentage of business that 23 MR. MORRISON: That's a terrible 24 The Feil Organization gave you in 2009? 24 question. I withdraw it. 25 A. No, because it doesn't show what I 25 Q. Let's go back and look at current Page 112 Page 113 1 H. O'HARA 1 H. O'HARA 2 for Feil, which is page 2 of the document. 2 A. Yes. 3 A. Yes. 3 Q. What were you doing? 4 Q. Current it says 200 West 57th 4 A. I did a rooftop addition, which I 5 Street, zero. Do you see that? 5 had to go through landmarks for, to add 2,500 6 A. Yes, I do. 6 square feet to an existing building on the corner 7 Q. 270 West 124th Street, $5,173.28? 7 of 7th and 57th Street for The Feil Organization 8 A. Yes, I see that. 8 or 200 West 57th Street. 9 Q. Do you see that? 9 Q. Do you recall how much you were 10 A. Uh-huh. 10 paid for that project? 11 Q. And 1 to 15 days out it's zero for 11 A. No. 12 both projects? 12 Q. And if you just flip to page 5, 13 A. That is correct. 13 which is 16 to 30 days out and 31 to 45 days out. 14 Q. Do you know, sitting here today, 14 I'm sorry, page 6. The same 16 to 30 and 31 to 15 what you or your firm did for 200 West 57th 15 45, the same two projects. Do you see that? 16 Street? 16 A. Yes, I do. 17 A. We designed a new, I believe, 17 Q. It's zero and zero. Do you see 18 12-story building that was a combination A-loft 18 that? 19 hotel and a condominium at 270 West 124th Street, 19 A. Yes, I do. 20 Harlem, New York. 20 Q. Okay. Do you recall any other 21 Q. Do you recall the total amount that 21 projects for The Feil Organization that your firm 22 you received on that project in 2009? 22 undertook in 2009? 23 A. No. 23 A. Not that I recall. 24 Q. Okay. Do you recall what you did 24 Q. Were the two projects listed in the 25 for 200 West 57th Street? 25 AR aging summary, which is Exhibit 18, did they

29 TSG Reporting - Worldwide 877-702-9580 Page 114 Page 115 1 H. O'HARA 1 H. O'HARA 2 start in 2009? 2 A. Yes. 3 A. Based on the job number, it appears 3 Q. How did that happen? 4 they started in '07. 4 A. I looked at several spaces in the 5 (O'Hara Exhibit 19 marked for 5 Midtown Penn Station area. I found three leases 6 identification.) 6 that I was looking at. And, obviously, I have a 7 MR. MORRISON: O'Hara Exhibit 19 is 7 lot of -- you know, we tested all of the different 8 a filing in the bankruptcy proceeding of 8 layouts that we get from landlords, and it 9 H. Thomas O'Hara Architect, PLLC, and its 9 happened to be mentioned to me that they had a 10 Debtor's application for an order extending 10 remnant space on the second floor, and asked if I 11 time to assume or reject a commercial lease, 11 wanted to look at it. I wasn't sure. I went and 12 among other relief sought. 12 looked at it, and it happened to be a perfect 13 Q. Mr. O'Hara, have you had a chance 13 space for us. So, I paid a little more, and went 14 to review this document? 14 to The Feil. I believe they own the building 7 15 A. I scanned it. 15 Penn Plaza, 370 7th Avenue. 16 Q. Okay. Let me know if you need more 16 Q. Okay. And around what time frame 17 time to answer the questions on the document. 17 were you having these discussions about moving 18 When is the last time you saw this 18 into space at 7 Penn Plaza? 19 document? 19 A. Early 2010. 20 A. I don't recall. 20 Q. Early 2010? 21 Q. Okay. Did you review it to prepare 21 A. Or late 2009. 22 for your deposition today? 22 Q. So, before or after you filed the 23 A. No. 23 bankruptcy petition? 24 Q. Did there come a time when The Feil 24 A. After. 25 Organization became your landlord? 25 Q. Okay. And what do you mean when Page 116 Page 117 1 H. O'HARA 1 H. O'HARA 2 you say you paid a little more? 2 A. No. 3 A. The other spaces I looked at were a 3 Q. Okay. Did any of those spaces 4 little less expensive. But The Feil space worked 4 offer to pay your moving and build-out costs? 5 out to be more efficient. 5 A. Yes, all of them. It was a good 6 Q. And what about the space that you 6 year to rent. 7 were leaving? Was that more or less expensive? 7 Q. Paragraph 12 of Exhibit 19. 8 A. That I had a personal guarantee on, 8 A. Paragraph 12? 9 and I owed money on, so I put them on the 9 Q. Yes. It's on page 6. In the top 10 bankruptcy petition. It was space enough for 45 10 portion, I think it's the second full sentence, it 11 architects. In this deposition today you now hear 11 says: 12 that I have someplace in the neighborhood of 12, 12 "As explained in the affidavit" do 13 so I needed to downsize and I needed to file 13 you see that "new landlord and its affiliate"? 14 personally since I gave a PG, and also discharge 14 A. Yes, I do. 15 the landlord's money due. 15 Q. "Have a history of conducting 16 Q. With respect to the other 16 significant business transactions on a handshake 17 properties that you looked at in early 2010, did 17 and are far less concerned with legal 18 any other landlord offer no rent escalation for 10 18 formalities." 19 years? 19 Do you see that? 20 A. Yes. 20 A. Yes. 21 Q. Which ones? 21 Q. Do you know what you and/or your 22 A. The one on 27th Street, the one on 22 bankruptcy attorney meant by that? 23 33rd Street, the one on 36th Street. 23 A. No. I guess I had a good 24 Q. Okay. Do you recall who the 24 bankruptcy attorney. 25 landlords were? 25 Q. What do you mean by that?

30 TSG Reporting - Worldwide 877-702-9580 Page 118 Page 119 1 H. O'HARA 1 H. O'HARA 2 A. Well, it's well-written. I don't 2 Organization on a handshake, what is your 3 know what it means. 3 perception of who The Feil Organization is? 4 Q. Is it accurate? 4 A. My perception is it's Mr. Feil, 5 A. Everything I do with The Feil, I 5 it's Mr. Ratner. I know they have a lot of 6 submit bills, invoices that need to be approved, 6 different LLCs. I don't really know, nor care, 7 but we do -- when I shake hands with them, they 7 who owns what part of the LLC, but in general I 8 usually give me the job. 8 always made a line item and called it The Feil 9 Q. Okay. What significant business 9 Organization. Perhaps it was Broadwall, perhaps 10 transactions had you performed on a handshake with 10 it was something else. The Feil Organization 11 The Feil Organization? 11 meant anything that I did related to any of Feil 12 A. The one project, which was the 12 or its subsidiaries. 13 A-loft building, we had on a handshake, and was 13 Q. Does that include its principals as 14 awaiting the contract. 14 well? 15 Q. Any others? 15 A. I don't know who its principals 16 A. No. The after work was out there 16 are. 17 lingering, but I had ran into some legal mess. 17 Q. Okay. Do you know who the 18 Q. Had you performed work for The Feil 18 principals of Broadwall are? 19 Organization on the Apthorp? 19 A. No. 20 A. Yes, a couple of apartment reviews. 20 Q. Do you know who the principals of 21 Q. And were those done on a handshake? 21 Jeffrey Management are? 22 A. Done on a handshake, and then I 22 A. No. 23 submitted invoices, yes. 23 Q. On Paragraph 11, which starts on 24 Q. Okay. And when we're referring to 24 page 5, and then carries over to page 6, the 25 significant business transactions with The Feil 25 application states: Page 120 Page 121 1 H. O'HARA 1 H. O'HARA 2 "There is a further substantial 2 A. You had three lines where you 3 advantage to the new lease in that the new 3 had -- 4 landlord is an affiliate of The Feil Organization, 4 MR. JENSEN: You mean revenue? 5 which is a significant client of Debtor, 5 THE WITNESS: Revenue. Sorry. 6 generating annually approximately 30 percent of 6 Revenue. 7 Debtor's revenues. And the new premises is in the 7 Q. Yes. Should we go to the revenue? 8 headquarters building of The Feil Organization." 8 A. Yes. 9 Do you see that? 9 Q. Okay. That is Exhibit 16, and it's 10 A. Yes, I do. 10 page 39 of 61. 11 Q. Is that an accurate statement? 11 A. So, what's $700,000 into $2.3 12 A. The project, the A-loft, was a 12 million? 13 $700,000 fee. So, which year is this? 13 Q. Okay. So, you received 14 Q. This is December 2009. 14 approximately $700,000 from The Feil Organization 15 A. So, can we go to my AR for 2009? 15 in 2009? 16 Q. Sure. Yeah. 16 A. Approximately. 17 A. I mean, what was my AR total for 17 MR. AMSEL: I'm going to object to 18 2009? 18 the form. I just want to know if the 19 Q. As reflected in your -- 19 record -- there's been a significant lack of 20 A. Yes. 20 precision as to the entities that comprise The 21 Q. It was $5,000. 21 Feil Organization. And if you're going to use 22 A. No. My receivables for the whole 22 that as an umbrella term, I just want to lodge 23 year, 2009. 23 my objection to the use of that term without 24 Q. What do you need to answer the 24 diving into what the constituent entities are 25 question? 25 and the owners of the buildings are, and those

31 TSG Reporting - Worldwide 877-702-9580 Page 122 Page 123 1 H. O'HARA 1 H. O'HARA 2 sorts of details. 2 Organization, as you understood that entity to be, 3 MR. MORRISON: Okay. 3 account for 30 percent of 1.153155? 4 Q. But you testified just a short 4 MR. AMSEL: Objection to form. 5 while ago that anything having to do with The Feil 5 MR. JENSEN: If you know, without 6 Organization you just opened us as The Feil 6 looking at documents. 7 Organization. 7 A. It's a rough ballpark. I mean, I 8 A. Right. As I'm not privy to 8 don't have the numbers in front of me, but 9 ownership, managing members, et cetera. 9 that's -- as you recall earlier in the testimony, 10 Q. Okay. And so, it's your testimony 10 I mentioned there was one year that was spiked, 11 that The Feil Organization, as you understood it, 11 and that was the year. 12 accounted for at least $700,000 of your firm's 12 Q. 2009? 13 revenues in 2009. Is that right? 13 A. No. Whichever year it was. 14 A. That's correct. 14 Q. Okay. Let's just make sure the 15 Q. Did the 124th Street project -- I 15 record is clear. 16 think you noted that it had an 07 number on it. 16 A. Okay. 17 A. Uh-huh. 17 Q. So, in 2009 you testified now that 18 Q. Did you receive a similar fee in 18 due to the project on 124th Street, The Feil 19 2008 on the project? 19 Organization did account for close to 30 percent 20 A. No, because we did initial studies, 20 of your revenues. Correct? 21 and then they had an issue with the existing 21 MR. AMSEL: Objection to form. 22 architect, but I know that we started doing the 22 A. Let me correct the record. Let the 23 studies, and they had an issue with project 23 record reflect that at some point during that time 24 stoppage, and we had to redesign the whole job. 24 span, as I don't have the records in front of me, 25 Q. So, in 2008 did The Feil 25 The Feil Organization comprised approximately 30 Page 124 Page 125 1 H. O'HARA 1 H. O'HARA 2 percent of my income. 2 Q. So, when you said "no, that's dead 3 Q. And I'm asking you when that was. 3 accurate," you meant yes, that's dead accurate, 4 A. I don't know. 4 just so the record is clear? 5 Q. Okay. Because you testified before 5 A. I answered your question, which is 6 our break that they constituted 5 to 10 percent of 6 no, and said yes, it is dead accurate. 7 your income except for one spike in a year. 7 Q. Thank you. 8 Is that accurate? 8 A. You're welcome. 9 A. No, that's dead accurate. In fact, 9 (O'Hara Exhibit 20 marked for 10 that's what I just said. 10 identification.) 11 Q. Okay. So, have we solved it then 11 Q. Mr. O'Hara, I just want to go back 12 by looking at -- 12 to the 124th Street property. 13 A. We're solved. 13 A. Okay. 14 Q. -- at 2009? 14 Q. That project started at your firm 15 A. No. 15 in '07. Is that correct? 16 Q. Because they did account for 30 16 A. The job number is 07. I don't know 17 percent that year? 17 when it started. 18 MR. AMSEL: Objection to form. 18 Q. But according to the way that you 19 A. I don't know which year it was. 19 opened your -- according to the way that you kept 20 Q. Okay. 20 your files, an 07 job number would lead you to 21 MR. MORRISON: Can you just read 21 believe that it was opened in '07? 22 back the last couple of questions and answers 22 A. It would mean that I would have 23 so I have it? 23 gotten the first phone call on it in '07, yes. 24 (The requested portion of the 24 Q. Okay. And do you recall today 25 record was read.) 25 whether you received any revenue on that project

32 TSG Reporting - Worldwide 877-702-9580 Page 126 Page 127 1 H. O'HARA 1 H. O'HARA 2 before '09? 2 Q. Do you recall submitting this 3 A. No. 3 affidavit in connection with your bankruptcy? 4 Q. No, you don't recall or no, you did 4 A. Not specifically. 5 not? 5 Q. Paragraph 6 you say: 6 A. No, I don't recall. 6 "In addition to the above, the 7 Q. Was that a lump sum project or was 7 co-location of my firm with my largest client will 8 that a billable hour project? 8 not only cement my relationship with the clients, 9 A. Lump sum. 9 it will lead to additional opportunities for 10 Q. How did you come to the $700,000 10 growth." 11 amount? 11 Do you see that? 12 A. I negotiated a lump sum fee. 12 A. Uh-huh. 13 Q. How long did it take you to 13 Q. I'll just finish out the sentence. 14 negotiate? 14 "And I firmly believe the proposed 15 A. Five minutes. 15 move is in the best interests of my business and 16 Q. Was that negotiated in 2007? 16 of the bankruptcy estate." 17 A. I don't recall. 17 Do you see that? 18 Q. Exhibit 20 is an affidavit 18 A. Yes, I do. 19 submitted by H. Thomas O'Hara, sworn to March 19 Q. On or about March 2010 or in or 20 17th, 2010. Have you seen this document prior to 20 about March 2010 was The Feil Organization your 21 today? 21 largest client? 22 A. I'm sure. 22 MR. AMSEL: Objection to form. 23 Q. Okay. Is that your signature on 23 A. I don't know. 24 the last page? 24 Q. Was there any year where The Feil 25 A. Yes, that is. 25 Organization was your largest client? Page 128 Page 129 1 H. O'HARA 1 H. O'HARA 2 MR. AMSEL: Same objection. 2 A. Yes. 3 A. I'd have to check. 3 MR. MORRISON: Okay. I would 4 Q. Did you check prior to submitting 4 request those documents to the extent you have 5 this affidavit? 5 them. 6 A. Yes. 6 MR. JENSEN: I will decline that 7 Q. And what was your conclusion? 7 request. 8 A. There were four or five projects 8 MR. MORRISON: Let's note it for 9 that I had initiated zoning studies on that would 9 the record. 10 have been equal to or greater than the A-loft 10 (O'Hara Exhibit 21 marked for 11 $700,000 fee that did not materialize for reasons 11 identification.) 12 I was told were internal to The Feil Organization. 12 Q. Mr. O'Hara, O'Hara Exhibit 21 is 13 I apologize. I don't know what other word you 13 the Trustee's Report of Sale that was filed in 14 used. 14 connection with your bankruptcy. Just take a 15 Q. What year were those projects 15 moment to review. It's dated July 13th, 2011 16 opened? 16 bankruptcy. 17 A. Through 2010, 2011. 17 And just for the record, 18 Q. Were they open in 2007? 18 Mr. O'Hara, when I say "your bankruptcy," 19 A. No. 19 obviously I meant your firm's bankruptcy and not 20 Q. 2008? 20 you individually. 21 A. I don't know. 21 A. Understood. Do you mean the 22 Q. Possibly? 22 Chapter 11 or the Chapter 7? 23 A. Possibly. 23 Q. I'm about to ask you that. Have 24 Q. Is there any document you have that 24 you had a chance to review this? 25 would show those file openings at your firm? 25 A. Yes.

33 TSG Reporting - Worldwide 877-702-9580 Page 130 Page 131 1 H. O'HARA 1 H. O'HARA 2 Q. Okay. Did there come a point in 2 Q. Of 2011? 3 time where the Chapter 7 proceeding was converted 3 A. 2011, yes. 4 to a Chapter -- the Chapter 11 was converted to a 4 Q. Okay. And I don't mean this to be 5 Chapter 7? 5 a memory test. So, if you want to refer to the 6 A. Yes. 6 document, you can. 7 Q. And when did that happen? 7 A. No. Unfortunately I remember this 8 A. Early March 2011. 8 pretty well. 9 Q. What was the reason for the 9 Q. Okay. And did there come a point 10 conversion to a Chapter 7? 10 in time where you, through a new entity, purchased 11 A. Citibank was the super priority 11 the assets of the old entity? 12 claim, which was missed by my bankruptcy 12 A. According to my attorneys, yes. 13 counselor, and Citibank had a $1.5 million credit. 13 Q. Okay. 14 We were negotiating it down to $400,000. They 14 A. Although I have no idea what it 15 fired the various people at Citibank. You know 15 means, other than I was able -- go ahead. 16 what was going on at Wall Street with all the 16 Q. What was the name of the new 17 bailouts, and a higher up came in, pulled the 17 entity? 18 $400,000 off the table and wanted $1.5 million. 18 A. HTO Architect, PLLC. 19 He just wanted to get rid of me. I was too small 19 Q. Okay. And what was the 20 a nut. Raised the 400,000 to 1.5, automatic 20 consideration that the new entity paid for the 21 conversion. I could never earn the money to have 21 assets of the old entity? 22 paid that back. 22 A. I paid some old AR that technically 23 Q. When did that occur? 23 you go back, AR that was earned under the 24 A. Just before the beginning of March, 24 Debtor-In-Possession, and agreed to a lump sum of, 25 mid-February. 25 I believe, approximately $50,000. Page 132 Page 133 1 H. O'HARA 1 H. O'HARA 2 Q. Okay. Take a look at Paragraph 22, 2 "Mr. O'Hara, the managing member of 3 which is on page 7 of this document, which has 3 the Debtor, represented that all accounts 4 been marked as Exhibit 21. And read that 4 receivable of the Debtor had been billed." 5 paragraph, please, and then I'll ask you about it. 5 Do you see that? 6 A. I'm sorry. I missed which 6 A. Yes. 7 paragraph. 7 Q. Did you ever consider the work that 8 Q. Paragraph 22. 8 you did for Jeffrey Feil at 1049 Fifth Avenue to 9 A. Okay. 9 be an account receivable? 10 Q. Okay. Do you see that there is a 10 A. No. 11 term defined in this paragraph called "The Feil 11 Q. The last sentence of that 12 Receivable"? 12 paragraph: 13 A. Yes. 13 "A material element of the sale was 14 Q. Do you know what that is or what 14 that Debtor and Purchaser both represented and 15 that refers to? 15 warranted that they had not diverted any business 16 A. There were some outstanding 16 assets of the Debtor." 17 approved change orders by 124 Hotel, LLC, which 17 Do you see that? 18 was -- they called "The Feil Receivable," which 18 A. Yes. 19 was the A-loft. There were change orders that 19 Q. Did you ever consider not billing 20 then became the property of the State, therefore, 20 for the work that was performed for Jeffrey Feil 21 it became the property of the Trustee, therefore, 21 to be a diversion of corporate assets? 22 it was no longer up to me to collect it, but to 22 A. Absolutely not. 23 assist them in collecting any outstanding fees. 23 Q. Why is that? 24 Q. Okay. And further down the 24 A. Because it was a professional 25 paragraph it says: 25 courtesy, therefore, it's not, A, a diversion of

34 TSG Reporting - Worldwide 877-702-9580 Page 134 Page 135 1 H. O'HARA 1 H. O'HARA 2 assets; and, B, it's not a liability. 2 A. Yes. 3 Q. Okay. And did you discuss that 3 Q. Are those your signatures? 4 with your counsel? You can just say yes or no. 4 A. One of them is. 5 MR. JENSEN: Objection. Come on. 5 Q. Right. Over "H. Thomas O'Hara, 6 MR. MORRISON: Okay. You don't 6 Managing Member"? 7 have to answer that. 7 A. Yes. 8 (O'Hara Exhibit 22 marked for 8 Q. The next page, is that your 9 identification.) 9 signature? 10 MR. MORRISON: O'Hara Exhibit 22 is 10 A. Yes, it is. 11 Exhibit 4 to the Trustee's Report of Sale, 11 Q. Schedule A, the next page, is: 12 which had been identified as Exhibit 21. 12 "Uncollected accounts receivable 13 Q. If you look at the last page of 13 between December 1, 2010 and the date hereof." 14 Exhibit 21, you'll see the index of exhibits. 14 Do you see that? 15 A. Okay. 15 A. Yes. 16 Q. And Exhibit 4 is the bill of sale. 16 Q. And for Feil, the next page, the 17 A. Okay. 17 total is $130,202. Do you see that? 18 Q. And, again, I'm only going to ask 18 A. Yes, I do. 19 you about one page, but feel free to review it. 19 Q. And the collectible is 2,500. Do 20 Are you ready for me? 20 you see that? 21 A. Yes. 21 A. Yes, I do. 22 Q. Okay. Actually, I'm going to ask 22 Q. Do you know how that number was 23 you about only one page. I'm sorry. 23 arrived at? 24 Page 5 of 21, if you look on the 24 A. The base contract had $2,500 that I 25 top, do you see the pagination given by the Court? 25 could collect. The $130,000 was a change order Page 136 Page 137 1 H. O'HARA 1 H. O'HARA 2 that was to be handled at the closeout of the 2 perform for Clermont York? 3 project. 3 A. My firm HTO Architect, my firm 4 Q. Okay. And I don't want to confuse 4 H. Thomas O'Hara, my firm what? 5 you, but there is no -- the 130,000 -- 5 Q. You or any firm that you've ever 6 A. You're not confusing me. 6 been affiliated with. 7 Q. The 130,000 is a total. 7 A. Okay. I'll do the best I can from 8 A. Right. 8 my memory. I believe we did a window replacement. 9 Q. So, are you saying that's one 9 I believe we did a lobby. I believe we looked at 10 change order? It looks like it's -- 10 a prototypical bathroom that -- the idea of which 11 A. Two change orders. 11 was disbanded. The lobby and window replacement 12 Q. Okay. That's all. And those 12 did proceed. That's what I recall. 13 change orders are reflected where in this 13 Q. Okay. Do you recall what years 14 document, if they are? 14 those projects occurred? 15 A. They're bills that were sent to the 15 A. Early 2000, maybe 2001 or 2002 for 16 124 Hotel, LLC. So, out of the 130,202, 2,500 was 16 the window replacement. The lobby -- I don't want 17 due under the base contract, and 127,702 was due 17 to guess, but it was later than that. Maybe the 18 as a change order. And it was the responsibility 18 middle of the decade, maybe later. And the last 19 then of the Trustee to go after that. 19 was this little bathroom study that was probably 20 Q. Do you know Rosenbaum Design Group? 20 within the last couple years. It was a small -- 21 A. I may. It doesn't ring a bell. 21 like a $3,000 or $4,000 bill, I think. 22 Q. Do you know an architect named 22 Q. When you did work at Clermont York 23 Dennis Flynn? 23 Properties, who was the client? 24 A. It doesn't ring a bell. 24 A. Clermont York Properties. 25 Q. Okay. What work did your firm 25 Q. Did you bill to Clermont York

35 TSG Reporting - Worldwide 877-702-9580 Page 138 Page 139 1 H. O'HARA 1 H. O'HARA 2 Properties? 2 Q. Okay. But it was for a bathroom 3 A. Yes. 3 that was at the Clermont York property? 4 Q. And who was your contact at 4 A. That's correct. I believe -- I 5 Clermont York Properties? 5 think they paid it from Clermont, whatever, LLC. 6 A. Hesh Mermelstein. And one more 6 (O'Hara Exhibit 23 marked for 7 gentleman. 7 identification.) 8 Q. Abe Rill? 8 MR. MORRISON: And Exhibit 23 is a 9 A. Yes. 9 change order for a project at 445 East 80th 10 Q. And when we say "Clermont York 10 Street - Lobby, Change Order No. 9, dated July 11 Properties," I'm referring to Clermont York 11 24th, 2008. 12 Associates. Is that acceptable to you? 12 Q. Mr. O'Hara, let me know when you've 13 A. That's acceptable to me. I do want 13 had a chance to review this. 14 to correct one thing. I don't -- I'm not 100 14 A. I've reviewed this. 15 percent sure I billed it properly on the bathroom, 15 Q. Okay. Have you seen this document 16 but I'm pretty sure I billed it properly on the 16 prior to today? 17 other jobs. 17 A. No. 18 Q. What do you mean by "billing it 18 Q. Is this a document that's generated 19 properly"? 19 by you and/or your firm? 20 A. Like you said, did you bill that 20 A. No. 21 entity, Clermont, something, such and such. 21 Q. Who generates an AIA document for a 22 Q. Okay. Where do you think 22 change order typically when you do work for The 23 you billed the bathroom work? 23 Feil Organization? 24 A. I think I billed it to Feil or 24 A. A contractor. 25 Broadwall or something. 25 Q. And the contractor here is Ross and Page 140 Page 141 1 H. O'HARA 1 H. O'HARA 2 Associates. Is that correct? 2 Q. Do you know what happened to those 3 A. That's correct. 3 documents, to the extent they ever existed in your 4 Q. Have you worked with Ross and 4 office? 5 Associates on Feil Organization properties? 5 A. They bypassed the architect because 6 A. Yes, I have. 6 they checked the box "owner." A lot of times if 7 Q. Have you worked with Ross and 7 you self-fund and don't have a bank, the owner 8 Associates on other projects not affiliated with 8 bypasses the architect because they make the 9 The Feil Organization? 9 arrangement with a contractor. That appears to be 10 A. Not that I recall. 10 the case here. 11 Q. Okay. Do you see that there's a 11 Q. Why would they then have a 12 signature line for H. Thomas O'Hara Architects on 12 signature line for you? 13 this change order? 13 A. In case they check the box 14 A. Yes, I do. 14 "architect" because the bank requires me, but 15 Q. Do you know whether anyone at your 15 there was no bank here. 16 firm signed this document? 16 Q. How do you know that? 17 A. It appears not. 17 A. Because a bank would have asked me 18 Q. Do you have these types of 18 to sign it. 19 documents in your files? 19 Q. Okay. And do you see on the 20 A. Yes. 20 right-hand side over the line for "owner" it says 21 Q. Okay. When you were preparing for 21 "Broadwall Management"? 22 your deposition today, and you were reviewing your 22 A. Yes, I do. 23 files, did you see any change orders relating to 23 Q. And underneath the signature it 24 any work at Clermont York? 24 says: 25 A. No. 25 "By Andrew Ratner, Broadwall

36 TSG Reporting - Worldwide 877-702-9580 Page 142 Page 143 1 H. O'HARA 1 H. O'HARA 2 Management Corp., as an agent for Clermont York 2 Q. Do you see that the date of these 3 Associates, LLC." 3 change orders are July 24th, 2008? 4 Do you see that? 4 A. Both of them are. 5 A. Yes, I do. 5 Q. Yes. 6 Q. Was it your experience that 6 A. Yes, I see that. 7 Mr. Ratner would sign on behalf of Broadwall 7 Q. Do you have an internal job number 8 Management for Clermont York? 8 for the 445 East 80th Street lobby that was 9 A. I have no idea. 9 created by your firm? 10 (O'Hara Exhibit 24 marked for 10 A. I'm pretty sure I would. 11 identification.) 11 Q. Okay. Do you have any documents 12 Q. And 24 is a change order, No. 10, 12 that would indicate what the job number was that 13 445 East 80th Street lobby. Let me know when 13 was assigned to the lobby project at 445 East 14 you've had a chance to review this document. 14 80th? 15 A. I have reviewed it. 15 A. Yes, I believe I would. 16 Q. Okay. And looking at Exhibits 23 16 MR. MORRISON: Okay. I would 17 and 24, do you see that the original contract 17 request any of those documents, please. 18 price for the lobby was $462,500? 18 THE WITNESS: What kind of 19 A. Yes, I do. 19 documents? 20 Q. Do you recall what the work -- what 20 MR. MORRISON: That reflect what 21 work was done on the lobby of 445 East 80th 21 the job number was for 445 East 80th Street. 22 Street? 22 THE WITNESS: Sure. 23 A. We renovated the lobby, a gut 23 MR. JENSEN: We'll take it under 24 renovation of the lobby, stone elevators. I don't 24 advisement. 25 want to guess, but we did a lobby renovation. 25 Q. Do you recall what year you opened Page 144 Page 145 1 H. O'HARA 1 H. O'HARA 2 the job for the lobby project at 445 East 80th 2 the project, are you involved? 3 Street? 3 A. Not generally. 4 A. No. 4 Q. Okay. Do the architects 5 Q. On July 24th, 2008, which is the 5 competitively bid for that part of the project? 6 date of Change Orders 9 and 10, which are 6 A. Generally. 7 reflected in Exhibits 23 and 24, is that on or 7 Q. Okay. Were you asked to put in a 8 around the time that you were preparing the 8 competitive bid for your work on the 445 East 80th 9 drawings for Mr. Feil's apartment at 4095 Fifth 9 Street lobby? 10 Avenue? 10 A. Yes. 11 A. I have no idea. I don't link them 11 Q. Do you have a copy of your bid? 12 in my mind. 12 A. Not here, no. 13 Q. Okay. Let's take a look at Exhibit 13 Q. Do you have a copy of it available? 14 1, or Exhibit 2, if it's easier. If you look on 14 A. I'm sure I -- I hope I can find it. 15 the second page of Exhibit 2. Exhibit 2 is the 15 MR. MORRISON: Okay. I would also 16 big one. Just flip to the second page down on the 16 request those documents that relate to your 17 right-hand side. 17 bid. 18 A. 0812. 18 THE WITNESS: Okay. 19 Q. Right. And under that is the date, 19 Q. Did you receive a written request 20 6/16/2008. Right? 20 for a bid? 21 A. Right. 21 A. I don't recall. 22 Q. Okay. Do you know if there was 22 Q. Do you know how long the bidding 23 competitive bidding for this project? 23 process took place for the architectural services 24 A. I do not know. 24 for the lobby project? 25 Q. If there is competitive bidding for 25 A. I think a couple of weeks.

37 TSG Reporting - Worldwide 877-702-9580 Page 146 Page 147 1 H. O'HARA 1 H. O'HARA 2 Q. Who did you deal with at The Feil 2 the contractor can bid. And depending upon how 3 Organization, in connection with the bidding 3 many ownership changes are made, the date could 4 process? 4 slide up or down. But generally within a few 5 MR. AMSEL: Objection to form. 5 years. 6 MR. JENSEN: If you recall. 6 (O'Hara Exhibit 25 marked for 7 A. It would be one of three people, 7 identification.) 8 but -- 8 MR. MORRISON: O'Hara Exhibit 25 is 9 Q. Who are the three possibilities? 9 a letter on Ross and Associates, LLC 10 A. Abe. Maybe -- it would probably be 10 letterhead, dated August 11th, 2008, to 11 Mr. Ratner or Hesh Mermelstein. 11 Jeffrey Management, attention Abe Rill. 12 Q. Do you see on Exhibit 24 that 12 Q. Mr. O'Hara, let me know if you've 13 Mr. Ratner signed on behalf of Broadwall for 13 had a chance to review this. 14 Clermont York again, similar to Exhibit 23? 14 A. I have. 15 A. Yes, I do. 15 Q. Okay. I assume you haven't seen 16 Q. On the upper right-hand corner of 16 this document prior to today? 17 Exhibit 24 do you see it says "contract date"? 17 A. Assumption correct. 18 A. Yes. 18 Q. Okay. You had mentioned Abe Rill 19 Q. March 12th, 2007? 19 before. Do you know what his role was at The Feil 20 A. Yes. 20 Organization? 21 Q. Does that refresh your recollection 21 A. No. 22 as to when the -- your firm opened a job number 22 Q. Do you know what his role was at 23 for this project? 23 Jeffrey Management? 24 A. No, because usually it takes 24 A. No. 25 several months to produce bid documents from which 25 Q. Do you know what his role was at Page 148 Page 149 1 H. O'HARA 1 H. O'HARA 2 Broadwall Management? 2 about it. 3 A. No. 3 Q. Let's go to the lobby interior 4 (O'Hara Exhibit 26 marked for 4 upgrade. The budget was 570,000. Do you see 5 identification.) 5 that? 6 MR. MORRISON: This is a document 6 A. Yes. 7 called 445 East 80th Street building 7 Q. Was your bid for the architectural 8 renovations 2007, printed 8/25/2008, amended 8 services for the interior upgrade of the lobby 9 8/25/08. 9 included in the budget; if you know? 10 Q. Have you seen this document prior 10 A. Yes. 11 to today, Mr. O'Hara? 11 Q. How do you know? 12 A. I have not. 12 A. Because I see a professional fee, 13 Q. There are two projects that are 13 HTO, $55,000. 14 listed, a lobby interior upgrade and apartment 14 Q. Okay. And how did you arrive at 15 upgrade, 16th floor. Do you see that? 15 the $55,000 sum? 16 A. Yes. 16 A. I estimated how much time I thought 17 Q. Okay. Do you recall being involved 17 it would take and the manpower required to produce 18 in an upgrade of an apartment on the 16th floor of 18 the job. Plus we've done a lot of lobbies in our 19 445 East 80th? 19 high-rises, and that's a reasonable number for the 20 A. As previously discussed, that's the 20 2007-2008 architectural real estate climate. 21 one bathroom renovation that we discussed that was 21 Q. Was this project billed -- 22 a couple years ago. 22 withdrawn. 23 MR. JENSEN: Are you sure about 23 Was the lobby interior upgrade at 24 that? 24 445 East 80th billed by you and your firm hourly 25 MR. MORRISON: Well, let me ask him 25 or was it a lump sum?

38 TSG Reporting - Worldwide 877-702-9580 Page 150 Page 151 1 H. O'HARA 1 H. O'HARA 2 A. Lump sum. 2 A. Yes, I do. 3 Q. And if you see, as you go across, 3 Q. And under "professional" it says 4 the 55,000 was increased to 58,508.64. 4 HTO. Is that your company? 5 Do you see that? 5 A. Yes, it is. 6 A. Yes, I do. 6 Q. And there's no number listed under 7 Q. Do you recall why that happened? 7 that. Do you see that? 8 A. An educated guess is that that 8 A. I see that. 9 is -- 9 Q. Do you recall whether you received 10 Q. I don't want you to guess. 10 any fees for the apartment upgrade for the 16th 11 A. It's reimbursable expenses, because 11 floor? 12 I don't see reimbursables here. So, I won't 12 A. If this apartment upgrade on the 13 guess. 13 16th floor is, in fact, the bathroom I'm talking 14 Q. Do you see there's 3,508.64 under 14 about, yes, I received $3,000 to $4,000. Yes, 15 change orders? 15 they did go ahead and build a lot of it based on 16 A. Yes. 16 my one prototype. 17 Q. What does that mean; if you know? 17 Q. Okay. What do you mean by that? 18 A. I'd have to guess. 18 A. You know what I mean. 19 Q. Don't. 19 Q. No, I don't. That's why I'm asking 20 A. Okay. 20 you. Go ahead and build what? 21 Q. Were you paid the 58,508.64? 21 A. I built one typical bathroom on a 22 A. I don't -- I'm pretty sure I was. 22 floor that probably has 20 bathrooms, and they 23 Q. Then the second job on the job 23 probably built out the 20 bathrooms in accordance 24 schedule is "apartment upgrade, 16th floor." 24 with my prototype. 25 Do you see that? 25 Q. Okay. So, for the apartment Page 152 Page 153 1 H. O'HARA 1 H. O'HARA 2 upgrade, 16th floor, is it your testimony that 2 A. That would be an elevator 3 your work involved only the bathroom in that 3 consultant. And I also believe they probably, 4 apartment? 4 since they had me in HTO up here, they would have 5 A. My testimony would need 5 had me in HTO down here. 6 clarification to confirm that it was the 16th 6 (Recess taken.) 7 floor. I don't want to be wrong and mislead you. 7 Q. Okay. With respect to -- and I'm 8 But I did do, as mentioned, a sample bathroom. I 8 on Exhibit 26, Mr. O'Hara -- with respect to the 9 would need to check. 9 apartment upgrade for the 16th floor, do you see 10 Q. Okay. Now, if you go down to 10 the total payment, at least on this document, 11 "Future Work," do you see that? 11 reflects $214,809? 12 A. Yes, I do. 12 A. Yes, I do. 13 Q. And No. 3 is "lobby exterior 13 Q. Did you have any discussions with 14 upgrade." Do you know if that project was ever 14 anyone at Clermont York about the cost of an 15 commenced and/or completed? 15 apartment upgrade being above $200,000? 16 A. I don't recall doing exteriors. 16 A. No, I did not. 17 They'd normally hire a lighting consultant. 17 Q. Okay. And is it your testimony 18 Q. And the professional fee for that 18 that you did not receive a fee in connection with 19 is $30,000. Do you see that? 19 the apartment upgrade on the 16th floor? 20 A. Yes, I do. 20 A. No. My testimony is I received a 21 Q. Does that involve any architectural 21 fee between $3,000 and $4,000 that was for a 22 fees; if you know? 22 bathroom that I renovated, and I don't recall 23 A. Not from me. 23 whether it was on the 16th floor or not. 24 Q. How about for the passenger 24 Q. Do you know why that fee is not 25 elevator professional fee? 25 reflected in this document?

39 TSG Reporting - Worldwide 877-702-9580 Page 154 Page 155 1 H. O'HARA 1 H. O'HARA 2 A. No. 2 order for 445 East 80th Street, Apartment 3 Q. Did you bill that fee to Ross and 3 16DE, dated April 3rd, 2007, contract date 4 Associates? 4 February 1, 2007. 5 A. No. 5 Q. Let me know when you've had a 6 Q. Did you bill that fee to Clermont 6 chance to review this, Mr. O'Hara. 7 York? 7 A. I've reviewed it. 8 A. I billed it to Broadwall, Abe Rill, 8 Q. Have you seen this document prior 9 and was paid by Clermont. 9 to today? 10 Q. Do you have the check from 10 A. No. 11 Clermont? 11 Q. Okay. Do you see the change order 12 A. Not on me. 12 is for an additional wall: 13 Q. I understand. Do you have access 13 "Build new two-sided wall outside 14 to the check? 14 master bathroom with door to create entrance to 15 A. Yes. 15 master bedroom." 16 MR. MORRISON: Okay. I would 16 Do you see that? 17 request that as well. 17 A. Yes, I do. 18 Q. Did you invoice the $3,000 to 18 Q. Did you provide the architectural 19 $4,000 for the apartment upgrade? 19 services for that addition? 20 A. Yes, I did. 20 A. I don't recall. 21 MR. MORRISON: And I'll request a 21 Q. Are there any documents that would 22 copy of that invoice as well. 22 demonstrate whether you did? 23 (O'Hara Exhibit 27 marked for 23 A. Yes. 24 identification.) 24 Q. Do you have access to those 25 MR. MORRISON: This is a change 25 documents? Page 156 Page 157 1 H. O'HARA 1 H. O'HARA 2 A. I believe so. 2 Q. Did you competitively bid for your 3 MR. MORRISON: Okay. I would 3 services on this project? 4 request those documents, please. 4 A. No. 5 And to the extent that you have 5 Q. How do you know? 6 access to any files relating to the projects 6 A. They came to me and asked me just 7 and the work that you did at either 445 East 7 to spend a few hours on coming up with a bathroom. 8 80th Street or the other Clermont York 8 I do like 10,000 bathrooms a year. So, I said no 9 property, I would ask for those documents. 9 problem. And I did a bathroom, and it looks like 10 MR. JENSEN: We'll take it under 10 they liked it. 11 advisement. 11 Q. And why do you say it looks like 12 Q. By the signature blocks do you see 12 they liked it? 13 above "Owner" it's Jeffrey Management? 13 A. Because they built it. 14 A. I see that. 14 (Discussion off the record.) 15 Q. Do you know why Jeffrey Management 15 (O'Hara Exhibit 28 marked for 16 was on this change order, but Broadwall Management 16 identification.) 17 is on the change order for the lobby project? 17 MR. MORRISON: This is Exhibit 28. 18 A. No. That's was I was just looking 18 It's a change order for 445 East 80th Street, 19 at. And, no, I don't. 19 Change Order No. 2 for Apartment 16DE. 20 Q. Do you see the original contract 20 Q. And the change order says: 21 price was 202,500? 21 "The contract has changed as 22 A. I see that. 22 follows: Install wood molding at window in master 23 Q. If you know, was that open to 23 bedroom." 24 competitive bidding? 24 Do you see that? 25 A. I have no idea. 25 A. I do.

40 TSG Reporting - Worldwide 877-702-9580 Page 158 Page 159 1 H. O'HARA 1 H. O'HARA 2 Q. Did you provide any architectural 2 A. I don't recall. 3 services for that additional work? 3 (O'Hara Exhibit 30 marked for 4 A. I don't recall. I would say that 4 identification.) 5 for one bathroom, $200, it seems like a one-off. 5 MR. MORRISON: Exhibit 30 is a 6 (O'Hara Exhibit 29 marked for 6 standard form of agreement between owner and 7 identification.) 7 contractor entered into by Clermont York 8 MR. MORRISON: So, 29 is Change 8 Associates, LLC and Ross and Associates, LLC. 9 Orders 3, 4, 5, and 6. 9 A. Okay. 10 Q. Have you had a chance to review 10 Q. Mr. O'Hara, were you or your firm 11 these documents? 11 the architect with respect to this project? 12 A. Yes, I have. 12 A. I have no idea. 13 Q. Have you seen any of these before 13 Q. Okay. Are there any documents that 14 today? 14 you can review that would tell you the answer to 15 A. No, I have not. 15 that question? 16 Q. Do you see by the end of Change 16 A. I can look for the bathroom. 17 Order 6 that the project's original contract sum 17 MR. MORRISON: Well, to the extent 18 of 202,500 has increased to $214,809? 18 that you have those documents and have not 19 A. I see that. 19 previously requested them, I request them now. 20 Q. And do you see that there's work 20 Q. If you look at the Paragraph 4.1, 21 done in the kitchen area, as well as the bathroom? 21 do you see the sum was $202,500? 22 A. Yes. The bathroom doors, 22 A. I see that. 23 reframing, patching. 23 Q. Okay. I may have asked you this 24 Q. Did you provide any architectural 24 before, and I apologize if I have. 25 services for the change orders in Exhibit 29? 25 Are you aware whether that sum was Page 160 Page 161 1 H. O'HARA 1 H. O'HARA 2 put to competitive bidding? 2 plumbing, kitchens, and the bathrooms? 3 A. No, I'm not aware. 3 A. Yes. 4 Q. Paragraph 3.1, it's on page 2 of 4 Q. This is more work than just the 5 the contract, has start date of February 1st, 5 bathroom. Right? 6 2007, completion April 1st, 2007. 6 A. Yes. 7 Do you see that? 7 Q. Okay. And were you the architect 8 A. Yes, I do. 8 with respect to the demolition phase? 9 Q. Are you aware of any renovation to 9 A. As I say, I will have to check 10 an apartment for 200 plus thousand dollars that 10 because I'm not on any of the change orders. Yes, 11 could be completed in two months? 11 my name is referenced. I don't have any standard 12 MR. AMSEL: Objection to form. 12 form of agreement. I'm not in any reference. 13 A. I'm sorry. Could you repeat the 13 There's no attached drawings. There's no attached 14 question? 14 schedules. So, the answer is this -- I don't have 15 Q. Sure. Let me ask you another 15 any of this information. 16 question. 16 Q. Were you aware that the project on 17 Were you aware, when you were doing 17 the 16th floor was to combine Apartment D with 18 the work on this project, that the completion date 18 Apartment E? 19 was two months from the start date, according to 19 A. I don't want to guess, so -- I'm 20 the contract? 20 not 100 percent sure. 21 A. I was not aware of the document at 21 Q. Okay. 22 all. 22 A. I'm not even sure this is the 23 Q. Okay. And do you see on top it 23 bathroom, to be honest with you. I'm sorry. I 24 says "Scope of Work," drywall and carpentry, 24 just want to clarify the record. I'm not sure 25 painting, electrical, flooring, demolition, 25 that what we're talking about here is the bathroom

41 TSG Reporting - Worldwide 877-702-9580 Page 162 Page 163 1 H. O'HARA 1 H. O'HARA 2 because the timing seems off from when I did the 2 A. I'm sorry. 3 bathroom work. 3 Q. No, no. I appreciate you wanting 4 Q. When did you do the bathroom work? 4 to answer it, but just so the record is clear, 5 A. I believe it was in the last couple 5 does this document refresh your recollection at 6 years, and we're looking at six years ago. 6 all with respect to the project that commenced on 7 Q. You mean the last couple of years 7 or about February 1st, 2007 with respect to 8 from 2013? 8 combining Apartments D and E on the 16th floor of 9 A. From today. 9 445 East 80th? 10 Q. Okay. So, the bathroom work that 10 A. No. 11 you were referring to earlier in your deposition, 11 Q. Okay. And if you just go to the 12 just so the record is clear, is work that you have 12 last page of the agreement. Under the signature 13 performed since the bankruptcy? 13 line for "Broadwall Management as agent." 14 A. I believe in the last couple of 14 Do you see that? 15 years. Again, time does fly and it's been a very 15 A. Yes. 16 rough year for me. But my recollection is that 16 Q. Is that Andrew Ratner's signature; 17 this is another animal. 17 if you know? 18 Q. And when you say "another animal," 18 A. I'd have to do the forensic look -- 19 you mean a separate project? 19 I don't know. 20 A. Yes. 20 Q. Only if you know off the top of 21 Q. Okay. Does this document refresh 21 your head. 22 your recollection at all with respect to the -- 22 A. No. 23 A. No. Do you have drawings with 23 Q. Okay. Do you see under that, 24 this? 24 though, it says: 25 Q. Let me just finish my question. 25 "Andrew Ratner, Executive Vice Page 164 Page 165 1 H. O'HARA 1 H. O'HARA 2 President as agent for Jeffrey Management." 2 Broadwall Management. 3 A. Yes, I do. 3 Q. So, who signed this agreement, if 4 Q. And have you ever seen Mr. Ratner 4 you know, on behalf of Broadwall? 5 sign on behalf of Broadwall as an agent for 5 A. I don't know. 6 Jeffrey Management? 6 Q. Did anyone sign this agreement on 7 A. No, I have not. 7 behalf of Broadwall, as you read this contract? 8 Q. Do you understand what that means? 8 A. Yes. 9 A. Yes. 9 MR. AMSEL: Objection to form. 10 Q. What does that mean? 10 MR. JENSEN: Do you have any 11 A. That means he is given the 11 knowledge about this or you're just reading 12 fiduciary responsibility to act on behalf of 12 the document and interpreting it the way 13 Jeffrey Management and that his signature, thus, 13 anybody else in this room could? 14 takes that responsibility. 14 THE WITNESS: I'm reading the 15 Q. For Jeffrey Management? 15 document and interpreting it as if a bird were 16 A. Correct. 16 in the window. 17 Q. But he's signing here on behalf of 17 MR. JENSEN: I got it. 18 Broadwall. Do you see the signature line? 18 THE WITNESS: This is what is known 19 A. Yes, I see that. Unless that 19 as expert testimony. 20 signature line should have been crossed out. 20 Q. Now, you testified earlier today 21 Q. You don't know for certain? 21 that the renovation for Jeffrey Feil's apartment 22 A. He's saying Broadwall Management, 22 at 1049 Fifth Avenue you estimated to be about 23 as agent, and then he's saying Vice President as 23 $55,000. Correct? 24 agent for Jeffrey Management. He's not saying 24 A. Correct. 25 Vice President for Broadwall Construction -- 25 Q. The renovation of Apartment 16DE is

42 TSG Reporting - Worldwide 877-702-9580 Page 166 Page 167 1 H. O'HARA 1 H. O'HARA 2 over $200,000. Do you see that? 2 A. Yes. 3 A. I think it said the whole floor. 3 (O'Hara Exhibit 31 marked for 4 Q. No. It's Apartment 16D and E. 4 identification.) 5 A. I'm sorry. I'm referring to 5 MR. MORRISON: This is Exhibit 31. 6 Exhibit 26, No. 2, apartment upgrade, 16th floor. 6 This is a document that says Wausau Window and 7 I thought that was more open-ended to possibly 7 Wall Systems Project 444 East 82nd Street, New 8 encumber the entire 16th floor, however it 8 York, New York. 9 contradicts these documents, which say 16 combined 9 Q. Do you see that, this document, 10 apartment. 10 Mr. O'Hara? 11 But there's no way a combination 11 A. Yes, I do. 12 apartment is $200,000, unless you're building them 12 Q. Have you seen this document prior 13 out of gold. 13 to today? 14 MR. JENSEN: Again, you don't have 14 A. No. 15 any knowledge of this. Right? 15 Q. Okay. And this is dated 1/2/02. 16 THE WITNESS: No, I have no 16 Do you see that? 17 knowledge. 17 A. Yes I do. 18 MR. JENSEN: You're just 18 Q. And you had testified earlier today 19 interpreting documents that have been put in 19 that you believed you were involved in a window 20 front of you at this deposition? 20 replacement at Clermont York around this time in 21 THE WITNESS: That's correct. 21 2002. Is that correct? 22 That's why when I saw 200,000 I figured they 22 A. That is correct. 23 did the whole floor. 23 Q. Does this refresh your recollection 24 Q. That's based upon your experience 24 with respect to the work that you performed for 25 in the industry. Correct? 25 Clermont York with respect to windows? Page 168 Page 169 1 H. O'HARA 1 H. O'HARA 2 A. Yes, it does. 2 building. 3 Q. Okay. Tell me what you recall. 3 Q. And how many windows were there? 4 A. I recall that Wausau, which is a 4 A. No idea. 5 premiere window replacement and new window wall 5 Q. Do you recall how many floors are 6 system, this is a shop drawing with specifications 6 in that building? 7 to replace the entire window system at the subject 7 A. 40 plus floors, I think. 8 premises, as mentioned in the testimony. 8 Q. Okay. And what specific services 9 Q. And it lists on this document, 9 did you and/or your firm provide? 10 which is O'Hara Exhibit 31, as architect, "O'Hara 10 A. We did the exterior elevations, and 11 Architects, New York, New York." Do you see that? 11 we did the checking of the shop drawings, which is 12 A. Yes, I do. 12 the construction administration phase, working 13 Q. Is that you or one of your firms? 13 with the window wall consultant. I believe they 14 A. That's me and one of my firms. 14 hired them, and we replaced the windows. We did 15 They got lazy. 15 the design to replace the windows, I apologize. 16 Q. Okay. What services did you and/or 16 Q. Was it for one of the two Clermont 17 your firm provide with respect to Wausau's window 17 York properties or both? 18 replacement at Clermont York? 18 A. I have no idea. 19 A. With all due respect, going back 12 19 Q. Okay. Did your services come about 20 years, do you want me to try and answer? 20 as a result of competitive bidding? 21 Q. To the best of your recollection, 21 A. I believe so, yes. 22 please. 22 Q. Do you have the bid documents for 23 A. I did a window replacement job. 23 the work that you did in 2002? 24 Q. What scale was it? 24 A. No. 25 A. Replaced all the windows in the 25 Q. Okay. Do you know where those are?

43 TSG Reporting - Worldwide 877-702-9580 Page 170 Page 171 1 H. O'HARA 1 H. O'HARA 2 A. I'm sure they're long gone. 2 Do you know an architectural firm 3 Q. Are they in storage? 3 called Israel Berger? 4 A. They're not even in there. After 4 A. Yes, I do. 5 seven years I -- 5 Q. Were they involved in this project? 6 Q. Okay. Do you see it says the 6 A. Yes, they were. 7 customer is American Industries Corp.? 7 Q. How were they involved? 8 A. Yes. 8 A. They were -- as I mentioned 9 Q. Who is American Industries Corp.; 9 previously, they were the owner's hired window 10 if you know? 10 consultant. 11 A. American Industries Corp. is an 11 Q. And when you say "owner" you mean 12 installer. Usually the installers buy the windows 12 Clermont York? 13 and the owner buys from the installer so that 13 A. Yes. 14 there's no finger-pointing between the glass, the 14 Q. Did you work in tandem with Israel 15 window manufacturer, and the installer. So, 15 Berger? 16 there's one person that you always go to, and 16 A. Yes. 17 that's the installer, American Industries. 17 Q. Who at Israel Berger did you work 18 Q. And so, did you -- withdrawn. 18 with? 19 Who was your client in connection 19 A. I don't recall. 20 with this project? 20 MR. MORRISON: Can you read back 21 A. Clermont blah, blah, blah, LLC. 21 his answer, they were the owner's something 22 Q. Okay. Did American Industries 22 consultant? 23 Corp. have its own architect? 23 THE WITNESS: Specialty consultant. 24 A. I don't recall. 24 MR. MORRISON: I don't think that's 25 Q. Do you remember -- withdrawn. 25 what you said. Page 172 Page 173 1 H. O'HARA 1 H. O'HARA 2 THE WITNESS: Window consultant. 2 A. From American Industries. 3 (The requested portion of the 3 Q. And had you worked with him prior 4 record was read.) 4 to 2002? 5 Q. So, was Israel Berger, in 5 A. I've worked with him. I don't know 6 connection with this project that we're 6 the years. 7 discussing, performing architectural services or 7 Q. Okay. I think you said that you 8 consultant services? 8 submitted bids in connection with this work. 9 A. Consulting specific to window 9 Is that right? 10 replacements. 10 A. I think so. 11 Q. And did you have any experience 11 Q. And did you submit those bids to 12 with respect to window replacement work? 12 Mr. Majewski -- 13 A. Yes. 13 A. No. 14 Q. Prior to 2002? 14 Q. -- or to Clermont York? 15 A. Yes. 15 A. No. To the client. 16 Q. What was your prior experience? 16 Q. Do you recall approximately how 17 A. I replaced 64,000 windows at 17 much money you received in connection with that 18 Metropolitan -- Peter Cooper Village in Stuyvesant 18 project, the window replacement project at 19 Town. 19 Clermont York? 20 Q. For Metropolitan Life? 20 A. I'd be guessing, but it's probably 21 A. Yes, with another owner-hired 21 under six figures, certainly. 22 expert, Gordon Smith. 22 Q. Can you give me a range? 23 Q. Do you know Dave Majewski? 23 A. $50,000. 24 A. Yes. 24 Q. Around $50,000? 25 Q. How do you know him? 25 A. Around $50,000.

44 TSG Reporting - Worldwide 877-702-9580 Page 174 Page 175 1 H. O'HARA 1 H. O'HARA 2 Q. I don't want to hold you to that 2 were performing at work at 1049 Fifth Avenue? 3 number, but around? 3 A. I didn't hear that. I mean, I 4 A. So, don't hold me, but say 4 didn't know that. I don't know that. 5 around -- I'm guessing around 50,000. 5 Q. Do you know who Brent Schepp is? 6 Q. Were you involved in any of the 6 A. No. 7 change orders that resulted in the window 7 (O'Hara Exhibit 32 marked for 8 replacement at Clermont York? 8 identification.) 9 A. Not that I recall. 9 MR. MORRISON: Exhibit 32 is a 10 Q. Are you aware of the total amount 10 series of drawings on Wausau Window and Wall 11 spent on the window replacement project at 11 Systems letterhead. The project is 444 East 12 Clermont York? 12 82nd Street. The architect is O'Hara 13 A. No. 13 Architects. 14 Q. Do you know whether Wausau was the 14 Q. Have you seen these drawings prior 15 low bidder? 15 to today? 16 A. No. 16 A. Not that I recall. 17 Q. Do you know if AIC, American 17 Q. Do you know what they reflect? 18 Industries Corp., was the low bidder? 18 A. They're shop drawings. 19 A. No. 19 Q. Were they created by you or someone 20 Q. Did you work with Mr. Ross and/or 20 at your firm? 21 Mr. Majewski in connection with the work that was 21 A. No. 22 performed on Jeffrey Feil's apartment at 1049 22 Q. Did you utilize these drawings at 23 Fifth Avenue? 23 all in connection with any work that you 24 A. I didn't work with either of them. 24 performed? 25 Q. Did you know whether or not they 25 A. Not that I recall. Page 176 Page 177 1 H. O'HARA 1 H. O'HARA 2 MR. MORRISON: Exhibit 33. 2 A. I'm not sure. I believe so. 3 (O'Hara Exhibit 33 marked for 3 Q. And the cc's are Mr. Ratner. Is 4 identification.) 4 that Andrew Ratner? 5 MR. MORRISON: This Exhibit 33 is a 5 A. Yes. 6 letter from Broadwall Management Corp. to 6 Q. Stanford Chan. Do you know who 7 Ms. Rae Macadaeg. 7 that is? 8 Q. Is that right? 8 A. No idea. 9 A. That's correct. 9 Q. Gary Plutzer. Do you know who that 10 Q. At H. Thomas O'Hara Architect, 10 is? 11 PLLC, dated June 3rd, 2002. 11 A. He's the other partner in American 12 Mr. O'Hara, have you seen this 12 Industries. 13 document prior to today? 13 Q. Alan Rosenbloom. Do you know who 14 A. Not that I recall. I note also I 14 that is? 15 was not cc'ed. 15 A. No idea. 16 Q. Right. And it's signed by Abe 16 Q. And Frank Demmerle? 17 Rill, property manager. Do you see that? 17 A. You previously asked. He worked 18 A. I do. 18 for me. 19 Q. Does that refresh your recollection 19 20 as to what role Abe Rill played at Clermont York? 20 (Continued on the next page to 21 A. Yes. Abe Rill is a property 21 allow for signature line and jurat.) 22 manager. 22 23 Q. And what did that mean to you? 23 24 A. He manages properties. 24 25 Q. Did he review your invoices? 25

45 TSG Reporting - Worldwide 877-702-9580 Page 178 Page 179 1 H. O'HARA 1 2 INDEX: 2 MR. MORRISON: Okay. I have no 3 WITNESS EXAM BY: PAGE: 3 further questions at this time, subject to 4 H. Thomas O'Hara Mr. Morrison 4 5 4 whatever questions are left for today, and 6 5 subject to the documents that I've requested 7 EXHIBITS 8 Exhibit No. Page: 6 today. I thank you very much for your time. 9 O'Hara Exhibit 1 Architectural Drawings 13 7 THE WITNESS: My pleasure. (Retained by counsel) 8 10 MR. AMSEL: I don't have any O'Hara Exhibit 2 Architectural Drawings 19 9 questions. 11 10 (Time Ended: 4:07 p.m.) O'Hara Exhibit 3 Draft Agreement 56 12 (1049 FIFTH AVE 000011 - 28) 11 13 O'Hara Exhibit 4 Transmittal Letter 7/31/08 62 12 ______(1049 FIFTH AVE 000048) 14 13 H. THOMAS O'HARA O'Hara Exhibit 5 Letter 7/29/08 66 14 15 (1049 FIFTH AVE 000049) 16 O'Hara Exhibit 6 Letter 6/27/08 69 15 Subscribed and sworn to (1049 FIFTH AVE 000050) 16 before me this day 17 17 O'Hara Exhibit 7 Memorandum 6/30/08 71 of , 2013. 18 (1049 FIFTH AVE 000051) 18 19 O'Hara Exhibit 8 Memorandum 9/3/08 71 19 ______(1049 FIFTH AVE 000052) 20 20 O'Hara Exhibit 9 Letter 7/1/09 73 21 21 (1049 FIFTH AVE 000010) 22 O'Hara Exhibit 10 Letter 8/14/09 and 77 22 Attachment Documents 23 23 (1049 FIFTH AVE 000001 - 6) 24 O'Hara Exhibit 11 Letter 10/21/09 and 79 24 Notice of Violation 25 25 (1049 FIFTH AVE 000008 - 9) Page 180 Page 181 1 1 2 EXHIBITS 2 EXHIBITS 3 Exhibit No. Page: 3 Exhibit No. Page: O'Hara Exhibit 12 Letter of Transmittal 81 4 Dated 1/4/10 O'Hara Exhibit 25 Memorandum 8/11/08 147 (1049 FIFTH AVE 000043 - 44) 4 (A015641) 5 5 O'Hara Exhibit 26 Building Renovations 2007 148 O'Hara Exhibit 13 Letter 11/22/09 82 (A015604) 6 (1049 FIFTH AVE 000045) 6 7 O'Hara Exhibit 14 Letter 1/5/10 85 O'Hara Exhibit 27 Change Order 154 (1049 FIFTH AVE 000046) 7 (A015303) 8 8 O'Hara Exhibit 15 Copy of Drawing 85 O'Hara Exhibit 28 Change Order 157 9 (1049 FIFTH AVE 000053) (A015302) 10 O'Hara Exhibit 16 Chapter 11 Bankruptcy 95 9 Filing O'Hara Exhibit 29 Change Orders 158 11 (No Bates Listed) 10 (A015298 - 301) 12 O'Hara Exhibit 17 Invoice from North 106 11 O'Hara Exhibit 30 Agreement 159 Shore Cabinetry (A015343 - 48) 13 (JF0000014) 14 O'Hara Exhibit 18 A/R Aging Summary 108 12 Dated 9/22/09 O'Hara Exhibit 31 Wausau Window and 167 15 (No Bates Listed) 13 Wall Systems Project 16 O'Hara Exhibit 19 Bankruptcy Pleading 114 (A015725) (No Bates Listed) 14 17 O'Hara Exhibit 32 Series of Drawings 175 O'Hara Exhibit 20 Affidavit 125 15 (A015726 - 31) 18 (No Bates Listed) 19 O'Hara Exhibit 21 Trustee's Report of Sale 129 16 O'Hara Exhibit 33 Letter 6/3/02 176 (No Bates Listed) (A015814) 20 17 O'Hara Exhibit 22 Bill of Sale, Assignment & 134 18 21 Assumption Agreement 19 (No Bates Listed) 20 22 21 O'Hara Exhibit 23 Change Order 139 23 (A015640) 22 24 O'Hara Exhibit 24 Change Order 142 23 (A015637) 24 25 25

46 TSG Reporting - Worldwide 877-702-9580 Page 182 Page 183 1 1 2 LITIGATION SUPPORT INDEX 2 CERTIFICATE 3 3 STATE OF NEW YORK ) 4 DIRECTION TO WITNESS NOT TO ANSWER 4 )ss: 5 Page Line Page Line 5 COUNTY OF NEW YORK) 6 (NONE) 6 I, JOMANNA DeROSA, a Certified 7 7 Shorthand Reporter and Notary Public within 8 REQUEST FOR PRODUCTION OF DOCUMENTS 8 and for the States of New York, New Jersey, 9 Page Line Page Line 9 California and Arizona, do hereby certify: 10 24 6 30 15 10 That H. THOMAS O'HARA, the witness 11 33 16 129 3 11 whose deposition is hereinbefore set forth, was 12 12 143 15 145 14 duly sworn by me and that such deposition is a 13 13 154 14 154 20 true record of the testimony given by such 14 witness. 14 156 2 156 4 15 I further certify that I am not 15 159 16 16 related to any of the parties to this action 16 17 by blood or marriage, and that I am in no 17 INFORMATION TO BE FURNISHED 18 way interested in the outcome of this 18 Page Line Page Line 19 matter. 19 (NONE) 20 In witness whereof, I have hereunto 20 21 set my hand this 1st day of April, 2013. 21 QUESTIONS MARKED FOR A RULING 22 22 Page Line Page Line 23 ______23 (NONE) JOMANNA DeROSA 24 24 25 25 Page 184 1 * * *ERRATA SHEET* * * 2 3 NAME OF CASE: Barry v. Clermont York 4 DATE OF DEPOSITION: 3/27/13 5 NAME OF WITNESS: H. Thomas O'Hara 6 Reason codes: 7 1. To clarify the record. 2. To conform to the facts. 8 3. To correct transcription errors. 9 Page ______Line ______Reason _____ From ______to ______10 Page ______Line ______Reason _____ 11 From ______to ______12 Page ______Line ______Reason _____ From ______to ______13 Page ______Line ______Reason _____ 14 From ______to ______15 Page ______Line ______Reason _____ From ______to ______16 Page ______Line ______Reason _____ 17 From ______to ______18 Page ______Line ______Reason _____ From ______to ______19 20 ______H. THOMAS O'HARA 21 22 23 24 25

47 TSG Reporting - Worldwide 877-702-9580 Page 1

A 155:12 158:3 AIA (1) 37:19 49:4,7,19 41:7 54:21 128:13 abbreviations (1) additions (1) 139:21 50:12,22 51:6 59:25 159:24 169:15 15:23 98:25 AIC (1) 65:20 78:15 107:9 appear (4) Abe (8) address (5) 174:17 117:21 139:19 10:14 51:20 73:3 138:8 146:10 147:11 14:17 31:5 35:21 air (1) 152:15 168:16 86:20 147:18 154:8 70:12 76:10 37:6 169:9 174:20 appearing (1) 176:16,20,21 addressed (1) Alan (1) animal (2) 4:15 ability (1) 69:21 177:13 162:17,18 appears (4) 104:20 addressing (1) albeit (1) annually (1) 67:4 114:3 140:17 able (3) 70:18 38:6 120:6 141:9 4:23 106:15 131:15 adjoining (1) allow (2) answer (36) application (2) Absolutely (2) 86:11 42:11 177:21 4:24 12:18 19:3 38:25 114:10 119:25 35:4 133:22 administered (1) allowed (2) 39:3 40:25 52:19 appreciate (4) acceptable (2) 6:9 28:15,20 62:15 67:18,20,23 4:18 12:17 22:20 138:12,13 administration (2) alluded (1) 67:24,25,25 68:2,6 163:3 access (6) 22:25 169:12 13:9 68:20 79:2 89:23 approached (1) 33:12 42:13,16 advantage (1) alteration (4) 95:20 96:17 97:8,19 35:18 154:13 155:24 120:3 58:5,12 76:2 81:13 98:9 99:15 106:15 approval (2) 156:6 advisement (5) alterations (3) 111:10 114:17 65:11 82:8 accompanied (1) 24:8,11 30:20 143:24 73:20 74:7 77:13 120:24 134:7 approvals (1) 15:12 156:11 amended (3) 159:14 161:14 82:11 accompanies (1) Affairs (2) 86:21,22 148:8 163:4 168:20 approved (4) 16:16 103:2,7 American (8) 171:21 182:4 59:14 76:10 118:6 accompanying (1) affidavit (10) 170:7,9,11,17,22 answered (8) 132:17 16:25 60:12,13,17 61:12 173:2 174:17 52:16,18 67:13,17 approximate (1) account (7) 73:6 117:12 126:18 177:11 68:12 70:22 111:8 30:5 58:4 102:11,20 123:3 127:3 128:5 180:17 amount (13) 125:5 approximately (12) answers (2) 123:19 124:16 affiliate (2) 38:5,9,15 58:16 71:10 30:4 43:11 60:9 61:5 133:9 117:13 120:4 92:11 94:17 103:17 5:11 124:22 72:6,9 120:6 121:14 accountant (1) affiliated (3) 105:15 107:24 anybody (4) 121:16 123:25 41:3 10:6 137:6 140:8 112:21 126:11 28:20 52:6 64:21 131:25 173:16 accounted (1) agent (7) 174:10 165:13 April (3) apartment (61) 122:12 14:2 142:2 163:13 amounts (1) 155:3 160:6 183:21 accounts (3) 164:2,5,23,24 71:15 33:14 35:15,24 36:5 Apthorp (1) 109:11 133:3 135:12 aging (5) Amsel (20) 47:8 49:20 55:9,11 118:19 accurate (9) 109:11,16,24 113:25 3:18 21:20 51:9 62:2 55:17 56:5,23 58:23 AR (9) 19:18 41:7 118:4 180:14 62:12 65:6 70:3 59:11,13 61:22 105:19 108:24 109:16 120:11 124:8,9 ago (8) 90:14 103:3 111:20 62:17 67:3 69:12 111:18 113:25 125:3,3,6 26:2 52:14 64:20 92:8 121:17 123:4,21 74:14 82:22 83:12 120:15,17 131:22 act (1) 99:18 122:5 148:22 124:18 127:22 84:9 87:12 89:14,19 131:23 164:12 162:6 128:2 146:5 160:12 90:3 92:16 93:7,11 architect (38) action (2) agree (2) 165:9 178:8 93:25 94:23 98:24 5:23 6:5 7:6 8:16,21 4:13 183:16 61:18 111:4 analyses (1) 99:4,8 106:25 107:5 22:24 25:25 26:3 actual (1) agreed (2) 15:12 118:20 144:9 27:25 28:4,9,12 30:11 91:15 131:24 Andersen (1) 148:14,18 150:24 29:19 30:22,23 43:3 add (2) agreement (12) 100:5 151:10,12,25 152:4 58:18 62:22 64:9 43:25 113:5 13:17 58:12 72:8 76:2 Anderson's (1) 153:9,15,19 154:19 65:10 66:14 82:7 added (2) 159:6 161:12 100:9 155:2 157:19 83:9 103:14 114:9 87:7,8 163:12 165:3,6 Andrew (10) 160:10 161:17,18 122:22 131:18 addition (4) 179:11 180:21 3:13 4:10 10:22 52:25 165:21,25 166:4,6 136:22 137:3 141:5 166:10,12 174:22 51:7 113:4 127:6 181:11 90:23 99:12 141:25 141:8,14 159:11 apartments (9) 155:19 agrees (1) 163:16,25 177:4 161:7 168:10 additional (13) 111:6 Andrix (2) 16:18,18 93:3 95:15 170:23 175:12 96:15 98:11,15,21 17:16 45:24 53:20,25 ahead (5) 3:8 64:24 176:10 163:8 architects (17) 54:3 55:7 74:13,16 15:21 104:7 131:15 and/or (20) apologize (5) 82:11 87:11 127:9 151:15,20 31:22 35:11 36:17 7:10,17 8:8 16:9

TSG Reporting - Worldwide 877-702-9580 Page 2

28:16 35:17 39:19 associate (3) 99:9 102:19 115:15 A015303 (1) 12:6 63:15 73:6 114:3 41:25 65:16,17 8:7 27:24 64:23 133:8 144:10 181:7 151:15 166:24 78:17 84:24 116:11 Associates (11) 165:22 174:23 A015343 (1) basic (1) 140:12 145:4 1:7 49:3 138:12 140:2 175:2 181:11 15:11 168:11 175:13 140:5,8 142:3 147:9 awaiting (1) A015604 (1) Bates (8) architectural (17) 154:4 159:8,8 118:14 181:5 56:13 86:2 180:11,15 6:9 7:5 12:6,20 45:21 Association (1) aware (14) A015637 (1) 180:16,18,19,21 58:6 145:23 149:7 73:10 69:14,18 78:6 79:4,6 180:24 bathroom (46) 149:20 152:21 assume (10) 79:9,21 159:25 A015640 (1) 17:4,6,7,12,17,17 155:18 158:2,24 5:16 27:14 58:9,14 160:3,9,17,21 180:23 44:6,7,25 45:2,12 171:2 172:7 179:9 69:22,23 88:6 161:16 174:10 A015641 (1) 45:12 46:10,14,16 179:10 106:11 114:11 A-loft (5) 181:4 50:8,9 51:17,24 architect's (1) 147:15 112:18 118:13 120:12 A015725 (1) 55:4 92:2 99:23 7:3 assumption (4) 128:10 132:19 181:13 137:10,19 138:15 area (2) 76:25 106:13 147:17 A-001 (3) A015726 (1) 138:23 139:2 115:5 158:21 180:21 15:9 21:24 25:10 181:15 148:21 151:13,21 Arizona (2) as-built (2) A-002 (1) A015814 (1) 152:3,8 153:22 2:13 183:9 36:20,21 15:15 181:16 155:14 157:7,9 arrangement (1) attached (3) A-003 (1) 158:5,21,22 159:16 141:9 16:4 161:13,13 15:22 B 161:5,23,25 162:3,4 arrive (1) Attachment (1) A-004 (1) B (3) 162:10 149:14 179:22 15:25 57:23,24 134:2 bathrooms (18) arrived (1) attend (1) A-005 (1) back (17) 44:2,3,5,20 45:9 135:23 65:4 16:5 11:18 30:21 31:8 53:12,14,18,20,23 articulate (1) attention (2) A-100 (6) 46:11 67:20 68:5 54:4 55:5 59:18,25 5:10 72:13 147:11 16:7 38:10 43:7 44:21 70:9 72:18 89:22 151:22,23 157:8 asked (22) attorney (5) 86:14,17 105:6 111:25 161:2 12:3 23:2 35:9,11 24:7 40:22 101:23 A-100.00 (5) 124:22 125:11 bedroom (3) 52:17 56:24 67:13 117:22,24 83:8,22 86:3 88:22 130:22 131:23 17:18 155:15 157:23 67:17 70:22 79:25 attorneys (1) 89:3 168:19 171:20 beginning (3) 80:2 90:10 92:6,7 131:12 A-101 (2) bad (1) 26:9 90:11 130:24 99:23 100:19 attributable (2) 16:13 38:11 34:14 begun (1) 115:10 141:17 103:23 104:3 A-104 (1) bailouts (1) 55:20 145:7 157:6 159:23 August (3) 15:25 130:17 behalf (7) 177:17 25:13 77:11 147:10 A-300 (1) ballpark (1) 142:7 146:13 164:5 asking (16) automatic (1) 16:15 123:7 164:12,17 165:4,7 32:16 33:3 68:14 130:20 A-301 (1) bank (4) believe (43) 72:20,23,24 75:17 avail (1) 16:21 141:7,14,15,17 10:3 11:23,25 15:20 78:25 79:3,5 92:3 84:18 A-302 (1) bankruptcy (27) 21:4 25:2,3,22 97:15,21 109:5 available (1) 16:25 40:6,17,22 42:16 95:8 26:17 27:20 29:23 124:3 151:19 145:13 A-500 (3) 95:11 101:11,12,24 29:25 32:6 33:15 asset (1) AVE (15) 17:3 38:11 51:19 109:14,20 111:16 35:18,20 56:24 14:18 56:14 86:2 179:12,13 A-501 (2) 114:8 115:23 62:14 72:9 74:15 assets (5) 179:15,16,18,19,21 17:16 38:12 116:10 117:22,24 80:7 85:3 86:16 131:11,21 133:16,21 179:23,25 180:4,6,7 A-600 (3) 127:3,16 129:14,16 91:11 101:17 134:2 180:9 38:12 54:4,20 129:18,19 130:12 108:13 112:17 assign (1) Avenue (41) A-601 (1) 162:13 180:10,16 115:14 125:21 22:4 3:5,16 10:2 14:2 21:3 17:19 barrier (1) 127:14 131:25 assigned (1) 27:8 30:8 32:5 a.m (1) 16:6 137:8,9,9 139:4 143:13 33:14 35:12,16 36:6 2:3 barrier-free (1) 143:15 153:3 156:2 Assignment (1) 40:21 42:9 44:17 A/R (1) 16:2 162:5,14 169:13,21 180:20 45:17 47:14 48:8,12 180:14 Barry (3) 177:2 assist (1) 48:15,20 49:8 55:9 A015298 (1) 1:4 4:13 184:3 believed (1) 132:23 58:15 59:11 71:24 181:10 base (2) 167:19 assistant (2) 81:13 82:8,22 89:13 A015302 (1) 135:24 136:17 bell (2) 23:23 64:8 90:3 92:16 94:24 181:8 based (6) 136:21,24

TSG Reporting - Worldwide 877-702-9580 Page 3 benches (2) 50:8,9,10 9:24,25 15:11,14,19 75:14 136:10,11,13,18 107:18,20 blow-up (3) 16:20 20:15 37:20 carpentry (1) 139:9,10,22 140:13 Berger (4) 17:3,12 45:11 48:16,17,22,23 160:24 140:23 142:12 171:3,15,17 172:5 Board (15) 49:11 60:14 64:5 carries (1) 143:3 144:6 150:15 best (7) 33:23 35:20 36:15 88:15,23 93:20 119:24 154:25 155:11 19:25 42:24 97:8 47:15,21,23 48:8,12 108:9 121:25 case (7) 156:16,17 157:18 104:20 127:15 52:6 56:22 65:11 build-out (1) 21:17 52:24 95:25 157:19,20 158:8,16 137:7 168:21 71:14,15 76:11 117:4 96:12 141:10,13 158:25 161:10 better (1) 78:19 built (4) 184:3 174:7 180:22,24 22:17 boards (1) 27:11 151:21,23 casting (1) 181:6,8,9 beyond (3) 65:18 157:13 111:10 changed (1) 53:12,13 54:4 Board's (3) business (14) caused (2) 157:21 bid (12) 65:10 78:17 87:16 18:12 80:18 94:12 74:12,15 changes (1) 13:8 35:11 145:5,8,11 Boller (1) 103:10 104:23,25 cc'ed (1) 147:3 145:17,20 146:25 65:3 105:4,16 110:23 176:15 Chapter (11) 147:2 149:7 157:2 bottom (3) 117:16 118:9,25 cc's (1) 40:18 42:13 105:13 169:22 82:5 102:25 103:8 127:15 133:15 177:3 129:22,22 130:3,4,4 bidder (2) box (4) buy (1) ceiling (4) 130:5,10 180:10 174:15,18 81:18 88:21 141:6,13 170:12 17:20,21 53:16,22 charge (5) bidding (8) break (8) buys (2) cement (1) 90:13 92:22 93:3 94:2 79:12 144:23,25 5:17,21 38:18 71:3 93:22 170:13 127:8 94:6 145:22 146:3 94:8,9 109:20 124:6 bypassed (1) certain (3) charged (5) 156:24 160:2 Brent (1) 141:5 41:10,13 164:21 93:10 94:22,24 95:3 169:20 175:5 bypasses (1) certainly (5) 96:15 bids (2) bricks (2) 141:8 33:24 34:2 73:25 check (16) 173:8,11 51:21 52:2 77:17 173:21 58:15 71:8,25 72:12 big (1) briefly (1) C certainty (1) 72:14 73:5,9 91:18 144:16 5:6 C (2) 85:9 107:25 128:3,4 bill (13) bring (4) 3:2 90:3 CERTIFICATE (1) 141:13 152:9 28:15,20,21 67:5 32:13,19 33:4 75:2 cabinet (1) 183:2 154:10,14 161:9 84:20 102:23 Broadwall (23) 18:4 certified (5) checked (2) 134:16 137:21,25 25:3 34:22 35:2,6 Cabinetry (6) 2:10 58:18 60:24 26:13 141:6 138:20 154:3,6 119:9,18 138:25 106:6,24 107:4,8,23 73:18 183:6 checking (2) 180:20 141:21,25 142:7 180:12 certifies (1) 26:25 169:11 billable (2) 146:13 148:2 154:8 cable (1) 70:11 checks (1) 30:11 126:8 156:16 163:13 18:6 certify (3) 71:14 billed (9) 164:5,18,22,25 Califano (5) 58:21 183:9,15 chronological (1) 29:9 133:4 138:15,16 165:2,4,7 176:6 66:22 69:6 73:21 cetera (3) 75:3 138:23,24 149:21 brought (3) 82:21 85:14 18:2,7 122:9 circle (1) 149:24 154:8 32:21 33:2 72:12 California (3) Chan (1) 54:15 billing (2) Bruce (2) 2:12 17:25 183:9 177:6 Citibank (3) 133:19 138:18 89:21 98:23 call (8) chance (20) 130:11,13,15 bills (4) budget (2) 11:12,16 13:9 23:23 56:16 62:25 73:24 City (2) 25:5 61:6 118:6 149:4,9 45:18 94:7,10 77:16 81:15 82:24 15:19 27:12 136:15 build (6) 125:23 85:17 86:5 100:25 claim (1) bird (1) 37:11 41:25 106:19 called (10) 101:2,7 106:8 109:4 130:12 165:15 151:15,20 155:13 4:2 19:10 37:5 43:7 114:13 129:24 clarification (2) blah (3) building (22) 75:18 119:8 132:11 139:13 142:14 108:7 152:6 170:21,21,21 10:15 12:2,3 13:3,3 132:18 148:7 171:3 147:13 155:6 clarify (3) blocks (1) 13:13 21:3 31:21 capacity (1) 158:10 76:7 161:24 184:7 156:12 47:24 49:14 58:21 80:8 chandelier (1) clear (5) blood (1) 91:9 112:18 113:6 captioned (1) 54:5 33:11 123:15 125:4 183:17 115:14 118:13 83:12 change (38) 162:12 163:4 blow (1) 120:8 148:7 166:12 care (2) 44:9 60:23 76:15 Clermont (35) 39:7 169:2,6 181:5 90:15 119:6 96:25 97:5 132:17 1:7 37:20 95:25 137:2 blowups (3) buildings (20) carefully (1) 132:19 135:25 137:22,24,25 138:5

TSG Reporting - Worldwide 877-702-9580 Page 4

138:10,11,21 139:3 130:2 131:9 134:5 conclude (1) 105:3 124:6 14:5 32:7 41:17 58:11 139:5 140:24 142:2 169:19 80:12 construction (6) copy (13) 142:8 146:14 comfortable (1) conclusion (1) 58:17,22 61:13 73:8 13:25 18:14,19,25 153:14 154:6,9,11 77:24 128:7 164:25 169:12 19:18 60:16,21 71:8 156:8 159:7 167:20 coming (1) concurrence (1) consultant (8) 71:24 145:11,13 167:25 168:18 157:7 36:20 152:17 153:3 169:13 154:22 180:8 169:16 170:21 commenced (2) condition (1) 171:10,22,23 172:2 corner (3) 171:12 173:14,19 152:15 163:6 36:21 172:8 21:23 113:6 146:16 174:8,12 176:20 commences (1) condo (7) Consulting (1) Corp (11) 184:3 61:20 35:20 36:15 37:14 172:9 56:13 71:9 73:22 client (12) comments (3) 52:6 72:10 73:10 contact (3) 85:15 142:2 170:7,9 20:17,18 23:11,14,19 65:19 83:9 97:8 108:15 10:17 11:7 138:4 170:11,23 174:18 120:5 127:7,21,25 commercial (1) condominium (15) contacted (2) 176:6 137:23 170:19 114:11 31:25 32:2,5 33:23 37:18 44:12 corporate (1) 173:15 companies (1) 47:15,21,23 56:22 contacting (2) 133:21 clients (6) 11:24 58:16 65:17 71:14 36:3 37:12 correct (53) 9:11,13,16 84:20 company (15) 76:3,9,11 112:19 contains (1) 8:13,14 11:14 19:2 89:20 127:8 8:20 10:24 15:6 17:25 Condo's (2) 33:12 20:6,7,10 22:9 climate (1) 18:10,14 20:14 74:6,11 contemplated (2) 24:20 25:14,17 149:20 22:23 23:14,19 conducting (1) 59:6 75:10 27:15 28:17 29:11 close (2) 29:16 36:23 37:19 117:15 context (1) 31:15 35:25 42:18 81:6 123:19 42:5 151:4 cones (1) 101:7 43:4,5,13 46:9 closeout (1) comparable (3) 55:2 continue (1) 57:18 65:11 76:5,24 136:2 26:23 27:2,3 conference (1) 78:23 80:12 87:6,7 95:2 closet (1) compared (2) 55:25 Continued (1) 101:18 106:12 17:24 19:24 20:5 confess (1) 177:20 109:22,23 110:21 closets (2) comparing (2) 64:11 contract (12) 112:13 122:14 18:2 45:3 19:22 86:16 confirm (2) 118:14 135:24 136:17 123:20,22 125:15 code (1) compete (1) 19:17 152:6 142:17 146:17 138:14 139:4 140:2 15:11 12:5 conform (1) 155:3 156:20 140:3 147:17 codes (1) competitive (6) 184:7 157:21 158:17 164:16 165:23,24 184:6 144:23,25 145:8 confuse (2) 160:5,20 165:7 166:21,25 167:21 collect (2) 156:24 160:2 86:23 136:4 contracting (1) 167:22 176:9 184:8 132:22 135:25 169:20 confusing (1) 13:19 correspondence (3) collectible (1) competitively (2) 136:6 contractor (5) 32:4,8 33:13 135:19 145:5 157:2 connection (25) 139:24,25 141:9 cost (22) collecting (1) complete (2) 4:13 17:8,11 40:20 147:2 159:7 58:18,22,25 60:4,12 132:23 59:15 61:4 44:20 45:8,17 48:19 contractors (1) 60:13,17 61:4,13 College (1) completed (4) 74:13 78:17 89:12 60:4 72:6,19,21,22,22 6:13 61:19 77:25 152:15 92:15 102:19 contradicts (1) 73:6,8 92:13 93:7 color (2) 160:11 106:24 109:14 166:9 94:12 108:5,16 51:25 52:8 completion (2) 127:3 129:14 146:3 conversation (3) 153:14 column (2) 160:6,18 153:18 170:19 13:7 36:9 75:5 Costas (5) 87:20,24 comprise (1) 172:6 173:8,17 conversations (2) 7:16,23 8:5,9 9:9 combination (2) 121:20 174:21 175:23 55:15 84:8 costs (1) 112:18 166:11 comprised (1) connections (1) conversion (2) 117:4 combine (1) 123:25 10:6 130:10,21 counsel (5) 161:17 computer (2) consider (4) converted (2) 24:13,15,16 134:4 combined (1) 22:15 24:3 90:2 94:5 133:7,19 130:3,4 179:9 166:9 computers (5) consideration (1) convey (1) counselor (1) combining (1) 39:24 40:7,12,16 131:20 36:8 130:13 163:8 63:14 considered (2) Cooper (1) COUNTY (2) come (13) concerned (1) 58:5 90:5 172:18 1:3 183:5 35:14 60:7 92:19 117:17 constituent (1) coordinating (1) couple (12) 95:11,23 97:14,14 concerns (1) 121:24 49:13 9:25 16:23 97:18 114:24 126:10 69:21 constituted (2) copies (4) 100:24 118:20

TSG Reporting - Worldwide 877-702-9580 Page 5

124:22 137:20 161:17 163:8 decking (4) 12:4,6 16:2,6 17:24 107:23 115:17 145:25 148:22 damage (1) 75:7,9,19 76:15 45:17,19,21 136:20 153:13 162:5,7,14 78:12 decline (1) 169:15 dispute (1) course (2) data (1) 129:6 designed (2) 96:16 18:11 80:17 22:15 dedicate (1) 12:2 112:17 District (2) courses (1) database (1) 27:7 designer (1) 101:11,13 6:23 64:12 defendant (2) 45:14 diversion (2) court (7) date (16) 1:8 55:25 designers (1) 133:21,25 1:2 5:9 101:11,12 25:11 61:19 75:2 defined (1) 54:2 diverted (1) 102:7,8 134:25 86:17 101:15 132:11 detailed (2) 133:15 courtesy (14) 135:13 143:2 144:6 definition (1) 86:10,12 divider (3) 90:6,12 91:3 93:20 144:19 146:17 45:19 details (4) 83:11,19 86:24 95:16 98:16,22 99:3 147:3 155:3 160:5 degree (1) 16:6 17:2 86:25 122:2 dividers (5) 99:7,14 100:6,13,17 160:18,19 184:4 6:16 developer (1) 86:10,12 106:20 133:25 dated (25) Demmerle (19) 93:23 107:17,21 cover (3) 62:22 66:7,14 69:5 27:20,23 29:9 35:18 developers (1) diving (1) 14:15,24 77:20 70:13 71:8,23 73:17 36:3,8,17 37:7,12 89:18 121:24 co-location (1) 76:3,9 77:11 79:16 37:19 50:3,11,15 diary (1) division (1) 127:7 81:12 82:20 85:13 52:5,8 56:25 57:2 84:4 9:22 co-op (1) 106:6,17 129:15 80:16 177:16 difference (4) DOB (4) 65:17 139:10 147:10 Demmerle's (2) 28:3 34:25 40:9 90:7 27:12 49:10 108:12 crash (5) 155:3 167:15 29:6 57:8 different (6) 108:19 39:9,11 40:13,16 41:8 176:11 180:4,14 demolition (9) 11:24 68:17,19 86:23 document (75) create (5) Dave (1) 16:12 43:7,21 44:19 115:7 119:6 14:23 15:3,5,18 23:18 23:8 38:9 43:12,19 172:23 59:23,23,24 160:25 digit (1) 23:22 24:2,4,6,9 155:14 David (3) 161:8 22:6 30:16,19 41:11 43:6 created (10) 26:17,19 57:12 demonstrate (1) direct (1) 43:11 51:4 54:8 15:5 18:11 22:12 Davis (1) 155:22 105:21 56:16,17,19 57:24 40:19 43:14 44:16 89:21 Dennis (1) directed (1) 63:4,6,7 66:19 75:11 107:8 143:9 day (4) 136:23 53:25 67:11 69:7 71:17 175:19 10:14 17:14 178:16 department (18) DIRECTION (1) 78:3,21 79:12,18 creates (1) 183:21 6:10 15:11,13,19 182:4 83:2 86:2,7 100:23 51:7 days (7) 16:19 31:21 47:24 directly (1) 101:4,5 105:17,21 creating (3) 64:20 109:25,25 48:16,17,21,23 90:22 106:9,12 109:4,8,10 38:16 43:21 89:3 110:4 112:11 49:11,14 60:14 64:5 Directors (1) 112:2 114:14,17,19 credit (1) 113:13,13 88:15,23 108:9 56:22 126:20 128:24 130:13 de (2) depending (1) disbanded (1) 131:6 132:3 136:14 crossed (1) 38:7,9 147:2 137:11 139:15,18,21 164:20 dead (4) deposed (1) discharge (1) 140:16 142:14 CSR (1) 124:9 125:2,3,6 5:2 116:14 147:16 148:6,10 1:24 deal (4) deposit (4) discharged (1) 153:10,25 155:8 current (3) 5:19 66:25 80:2 146:2 71:24 73:12 108:2,17 42:12 160:21 162:21 110:17 111:25 112:4 Debtor (5) deposition (22) discreet (1) 163:5 165:12,15 currently (1) 120:5 133:3,4,14,16 1:14 2:6 4:19 14:6 37:23 167:6,9,12 168:9 30:11 Debtor's (2) 19:20 24:22 32:15 discuss (4) 176:13 customer (1) 114:10 120:7 63:12,18,21 68:8 34:5 50:12 60:3 134:3 documents (39) 170:7 Debtor-In-Possessi... 74:22 82:2 96:6 discussed (3) 30:10 32:19,21 33:2,5 customize (1) 131:24 114:22 116:11 44:5 148:20,21 39:10 41:3,17 43:2 93:24 decade (1) 140:22 162:11 discussing (4) 48:10 57:25 63:19 customized (1) 137:18 166:20 183:11,12 38:3 69:10 83:24 63:23 64:3 68:15 18:4 December (6) 184:4 172:7 72:13 108:19 123:6 C-O-S-T-A-S (1) 101:17,20 109:21 DeROSA (4) discussion (5) 129:4 140:19 141:3 7:21 110:20 120:14 1:24 2:9 183:6,23 32:14 90:21 91:2,5 143:11,17,19 135:13 description (1) 157:14 145:16 146:25 D deck (1) 106:18 discussions (7) 155:21,25 156:4,9 D (2) 79:23 design (10) 36:4 74:5 76:14 78:10 158:11 159:13,18

TSG Reporting - Worldwide 877-702-9580 Page 6

166:9,19 169:22 94:17 116:15 123:18 26:10 48:21 50:17 76:21,22 20:5,6,8,8,12 21:17 178:5 179:22 182:8 136:17,17 168:19 156:7 174:24 erect (2) 25:11 27:9,19 30:22 doing (9) duly (2) electrical (5) 37:11 43:22 37:25 38:3,3,8,16 17:15 47:25 91:16,21 4:3 183:12 18:6 54:17 56:6 59:19 erecting (1) 43:6 44:16,21,23 94:12 113:3 122:22 duplex (6) 160:25 37:15 46:6 47:5,18 49:5,9 152:16 160:17 54:17 55:11,21 56:3,4 element (1) erection (1) 50:5,24 51:19 52:9 dollars (1) 56:6 133:13 44:12 56:10 62:18,24 64:4 160:10 dwelling (3) Elevation (1) ERRATA (1) 65:25 66:12,13,15 door (4) 15:16,16 93:19 51:21 184:1 69:2,3 70:9 71:5,7 16:21 17:2 99:24 D-E-M-M-E-R-L-E... elevations (1) errors (2) 71:20 72:15 73:15 155:14 27:21 169:10 92:23 184:8 75:16,18,25 77:8,11 doors (3) D.S.W (2) elevator (2) escalation (1) 77:15 78:7,24 79:13 12:11 16:23 158:22 26:14 43:17 152:25 153:2 116:18 79:15 81:8,25 82:17 dotted (3) elevators (1) escapes (1) 83:5 84:2 85:2,10 44:22,23,24 E 142:24 11:2 85:12,23,25 86:16 DOUGLAS (1) E (6) Elliott (4) ESQ (4) 87:5,16,17 88:4 3:7 3:2,2 55:19 161:18 81:11 87:21,22 88:4 3:7,8,13,18 89:3 91:21 95:13 downsize (1) 163:8 166:4 employed (1) established (2) 100:22,22 105:23 116:13 earlier (7) 8:22 12:20 109:20 106:2,3,5 108:21,24 Draft (1) 38:2 44:6 74:21 123:9 employees (10) estate (2) 113:25 114:5,7 179:11 162:11 165:20 8:24 10:19,21 27:17 127:16 149:20 117:7 121:9 125:9 drafting (2) 167:18 30:7 34:21 40:11,12 estimate (7) 126:18 129:10,12 26:10 92:25 early (6) 40:14 84:24 59:6,13 60:24 61:8 132:4 134:8,10,11 draw (3) 44:14 115:19,20 employment (1) 92:17 108:11,14 134:12,14,16 139:6 16:9 51:16 53:15 116:17 130:8 103:9 estimated (10) 139:8 142:10 drawing (28) 137:15 Enclosed (1) 58:17,22,25 60:4,9 144:13,14,15,15 15:9 16:5,7,16,21,25 earn (1) 81:19 72:6,22 107:24 146:12,14,17 147:6 17:3,16,19,23 18:3 130:21 encumber (1) 149:16 165:22 147:8 148:4 153:8 18:5 51:7,19,20 earned (1) 166:8 estimates (1) 154:23 157:15,17 54:24 83:7,21 86:3 131:23 Ended (1) 108:16 158:6,25 159:3,5 86:17,21,22,24 87:7 earnest (1) 178:10 estimating (1) 166:6 167:3,5 87:8 88:21 168:6 12:17 engagement (1) 108:17 168:10 175:7,9 180:8 easier (1) 24:25 estimation (1) 176:2,3,5 179:8,9 drawings (37) 144:14 engineering (1) 92:20 179:10,11,13,14,16 13:25 14:9,12 18:15 East (18) 58:7 et (3) 179:17,19,20,22,24 19:25 20:24 26:11 10:2 139:9 142:13,21 ensure (1) 18:2,7 122:9 180:3,3,5,7,8,10,12 26:12,25 27:9 36:25 143:8,13,21 144:2 27:10 exact (1) 180:14,16,17,19,20 42:4,11 44:15 45:11 145:8 148:7,19 entered (1) 38:15 180:22,24 181:3,3,5 45:22 46:2,5 47:22 149:24 155:2 156:7 159:7 exam (5) 181:6,8,9,11,12,14 64:10 75:10 76:15 157:18 163:9 167:7 entire (3) 6:9 7:3,6 28:13 179:3 181:16 81:24 82:6 106:20 175:11 59:3 166:8 168:7 EXAMINATION (1) exhibits (7) 107:8 144:9 161:13 economics (1) entities (3) 4:6 86:14 134:14 142:16 162:23 169:11 6:16 34:22 121:20,24 examined (1) 144:7 179:7 180:2 175:10,14,18,22 edification (1) entitles (1) 4:4 181:2 179:9,10 181:14 17:22 96:13 exceeded (1) existed (2) drawn (2) educated (1) entity (9) 108:5 41:19 141:3 25:19 43:16 150:8 14:18 42:15 123:2 exclusive (1) existing (8) drew (4) Education (1) 131:10,11,17,20,21 17:18 44:24 54:10,17,25 45:11 46:17,19,22 6:8 138:21 execute (1) 55:21 56:6 113:6 drive (1) efficient (1) entrance (1) 13:17 122:21 41:4 116:5 155:14 executive (3) expect (1) drywall (1) eight (2) entry (1) 58:4 64:8 163:25 81:3 160:24 9:4 38:6 17:4 exhibit (175) expected (1) DSW (1) Eigner (2) equal (2) 13:22 14:13,14 15:22 80:22 26:16 89:21 98:23 58:16 128:10 16:5 18:9,11,15,20 expediter (4) due (6) either (5) equivalent (2) 18:25 19:15,18,18 31:22 48:16,22 49:15

TSG Reporting - Worldwide 877-702-9580 Page 7 expenses (1) 154:6 35:12,16 36:5 40:21 105:24 flip (2) 150:11 feel (1) 42:9 44:17 45:17 finishes (1) 113:12 144:16 expensive (2) 134:19 47:14 48:8,12,15,20 108:10 floor (22) 116:4,7 fees (5) 49:8 55:9 56:14 fire (2) 16:11,13 55:12 91:8 experience (5) 61:9 108:11 132:23 58:15 59:11 71:24 16:16,19 115:10 148:15,18 6:8 142:6 166:24 151:10 152:22 81:12 82:8,22 86:2 fired (1) 150:24 151:11,13 172:11,16 feet (2) 89:13 90:3 92:16 130:15 151:22 152:2,7 expert (2) 37:5 113:6 94:23 99:8 102:19 firm (86) 153:9,19,23 161:17 165:19 172:22 Feil (108) 133:8 144:9 165:22 4:11 7:6 8:3,5,9,12,15 163:8 166:3,6,8,23 explain (7) 9:15,19 10:6,15,20 174:23 175:2 9:10,10 12:6,20 flooring (3) 5:5 21:20 36:16 38:20 11:9 13:2 18:19,19 179:12,13,15,16,18 18:10 21:6 22:13 75:13,15 160:25 38:22 95:24 96:12 18:23 20:18,20,21 179:19,21,23,25 24:19 26:4,7 27:17 floors (2) explained (1) 20:22 31:22 35:7,19 180:4,6,7,9 28:6 30:7,25 31:6 169:5,7 117:12 36:2,4,9,10,13,16 figured (1) 32:3 33:13 34:10,17 fly (1) extending (1) 36:24 37:7,18 45:13 166:22 35:10,11 36:4 42:16 162:15 114:10 49:19 50:12,22,23 figures (1) 45:7,16,25 46:9 Flynn (1) extent (7) 51:6,8 52:5 55:15 173:21 47:2,7 48:4,7,11,21 136:23 51:23 52:7 85:20 55:16 62:10 71:9,25 file (6) 49:5,8,23 56:21 folder (2) 129:4 141:3 156:5 73:11,19 76:6,8 32:11 33:12,17 36:19 65:7,9 69:12,20 32:24 33:6 159:17 77:12 78:11,15 116:13 128:25 70:18 74:6,12 75:11 following (1) exterior (5) 79:17 89:12 90:4,22 FileBank (2) 77:6 78:11 80:2,14 58:3 35:20,22 86:11 90:23 91:17,21 92:4 42:21 57:15 81:24 82:10 84:24 follows (2) 152:13 169:10 92:15 94:22 99:3,8 filed (8) 88:4 89:2 92:14 4:5 157:22 exteriors (1) 100:16 102:18 15:18 40:17 88:14 100:20 107:3,9 forensic (1) 152:16 103:18,22 104:3 101:16 109:21 111:13 112:15 163:18 E100 (1) 105:3,14 110:4,10 111:16 115:22 113:21 125:14 form (14) 18:5 110:19,24 112:2 129:13 127:7 128:25 51:9 62:12 90:14 113:7,21 114:24 files (20) 136:25 137:3,3,4,5 111:20 121:18 F 115:14 116:4 118:5 18:16 40:19 41:18 139:19 140:16 123:4,21 124:18 facility (3) 118:11,18,25 119:3 42:8,14,17 57:2,7,8 143:9 146:22 127:22 146:5 159:6 42:8,20 57:16 119:4,8,10,11 120:4 57:10,12,14 63:15 149:24 159:10 160:12 161:12 fact (5) 120:8 121:14,21 64:8,9 102:8 125:20 168:17 169:9 171:2 165:9 13:8 33:2 75:23 124:9 122:5,6,11,25 140:19,23 156:6 175:20 formalities (1) 151:13 123:18,25 127:20 filing (6) firmly (1) 117:18 facts (1) 127:24 128:12 15:13 40:6 101:10,24 127:14 former (1) 184:7 132:11,18 133:8,20 114:8 180:10 firms (3) 42:16 fair (2) 135:16 138:24 filings (1) 12:5 168:13,14 forms (2) 28:22 105:23 139:23 140:5,9 16:4 firm's (5) 47:24 91:20 fairly (1) 146:2 147:19 filled (1) 45:5 88:17 109:14 forth (2) 38:6 Feil's (8) 33:23 122:12 129:19 74:11 183:11 family (2) 20:23 50:16 62:4 Filling (1) first (17) forwarding (1) 100:9,12 78:18 100:12 144:9 49:10 4:16 10:17 11:8,11 82:6 far (1) 165:21 174:22 Financial (2) 13:3 20:12,24 22:5 found (2) 117:17 fence (11) 103:2,6 64:22 74:18,20,22 10:10 115:5 favor (1) 17:9 36:14,18 37:2,8 find (7) 77:22,25 91:19 four (13) 90:4 37:12,15 43:22 17:9 23:23 30:13 97:23 125:23 26:2 29:14 58:6 70:6 favors (1) 44:12 80:9,11 33:21 41:14 63:16 fit (1) 70:7 95:21 96:24 89:19 fencing (9) 145:14 28:21 97:3,10,12,23 99:18 February (3) 35:20,23,23 36:20,22 fine (4) five (10) 128:8 155:4 160:5 163:7 37:24 53:14 76:19 14:8 62:7 70:7 101:9 12:22,24 26:2 29:14 frame (2) fee (15) 76:20 finger-pointing (1) 32:13 69:15 70:4 96:17 115:16 93:6 103:22 104:2 fiduciary (1) 170:14 99:18 126:15 128:8 Frank (9) 120:13 122:18 164:12 finish (5) fixtures (1) 27:20,23 35:18 50:3 126:12 128:11 Fifth (53) 5:20 12:15 61:23 45:2 56:25 57:2,8 80:16 149:12 152:18,25 3:16 14:2 21:3 27:8 127:13 162:25 flame (1) 177:16 153:18,21,24 154:3 30:8 32:5 33:13 finished (1) 75:13 free (4)

TSG Reporting - Worldwide 877-702-9580 Page 8

16:6 90:19 91:16 70:13,13,19,19 127:10 126:1,19 127:1 help (6) 134:19 81:11,11,11 82:20 guarantee (1) 128:1 129:1 130:1 26:9 35:19 36:13 front (7) 82:20 83:6,6,18,18 116:8 131:1 132:1 133:1 37:24 40:22 76:19 30:21 71:25 101:4 83:25,25 84:8,8 guess (17) 134:1 135:1,5 136:1 helped (1) 105:6 123:8,24 85:2,2,13,13 87:22 9:6 11:17 55:6 62:6,7 137:1,4 138:1 139:1 63:24 166:20 87:22 88:5 170:14 62:8 93:15 104:8 140:1,12 141:1 helpful (1) full (1) go (27) 105:10 117:23 142:1 143:1 144:1 63:20 117:10 5:21 6:11 15:21 30:21 137:17 142:25 145:1 146:1 147:1 helps (1) fully (1) 64:8,9 67:19 68:5 150:8,10,13,18 148:1 149:1 150:1 54:9 110:16 70:9 102:3 104:7 161:19 151:1 152:1 153:1 hereinbefore (1) full-size (2) 105:25 111:25 guessing (9) 154:1 155:1 156:1 183:11 19:22 20:3 113:5 120:15 121:7 9:4 12:9 31:23 37:16 157:1 158:1 159:1 hereof (1) FURNISHED (1) 125:11 131:15,23 61:24 93:14 105:5 160:1 161:1 162:1 135:13 182:17 136:19 149:3 150:3 173:20 174:5 163:1 164:1 165:1 hereunto (1) further (6) 151:15,20 152:10 guests (2) 166:1 167:1 168:1 183:20 15:12 16:6 120:2 163:11 170:16 17:6,8 169:1 170:1 171:1 Hesh (2) 132:24 178:3 goes (2) gut (1) 172:1 173:1 174:1 138:6 146:11 183:15 22:25 99:25 142:23 175:1 176:1,10 high (3) Future (1) going (25) 177:1 178:1,13 6:12 37:3,8 152:11 11:18,23 13:24 21:8 H 179:4 183:10 184:5 higher (3) 24:5,7 26:24 34:3 H (198) 184:20 29:10,15 130:17 G 49:21 51:19 52:23 1:14 2:6 4:1,2,2,2 5:1 half (4) high-end (1) Gary (1) 68:3 77:19,20 90:12 6:1 7:1 8:1,16,22 38:12,12,13 64:19 89:20 177:9 95:18 100:23 105:6 9:1 10:1 11:1 12:1 Hall (1) high-rises (3) general (16) 109:4 121:17,21 13:1 14:1 15:1 16:1 101:23 93:13,18 149:19 11:19,21,23 14:25 130:16 134:18,22 17:1 18:1 19:1 20:1 hand (2) hire (1) 15:10,14,17 21:12 168:19 21:1 22:1 23:1 24:1 37:5 183:21 152:17 28:25 32:16 34:20 gold (1) 25:1 26:1 27:1 28:1 handled (1) hired (2) 38:5 66:24 79:3 166:13 29:1 30:1,23 31:1 136:2 169:14 171:9 92:4 119:7 good (5) 32:1 33:1 34:1 35:1 hands (2) history (3) generally (7) 4:8,9 41:9 117:5,23 36:1 37:1 38:1 39:1 99:24 118:7 34:10,13 117:15 14:16,17 70:21 92:22 Gordon (1) 40:1 41:1 42:1 43:1 handshake (6) hold (2) 145:3,6 147:4 172:22 43:3 44:1 45:1 46:1 117:16 118:10,13,21 174:2,4 generated (1) GOTSHAL (1) 47:1 48:1 49:1 50:1 118:22 119:2 honest (1) 139:18 3:15 51:1 52:1 53:1 54:1 happen (3) 161:23 generates (1) gotten (1) 55:1 56:1 57:1 58:1 105:18 115:3 130:7 hope (1) 139:21 125:23 59:1 60:1 61:1 62:1 happened (9) 145:14 generating (1) graduate (1) 62:21 63:1 64:1 7:15 8:2 32:10 41:22 hotel (3) 120:6 6:19 65:1 66:1,13 67:1 105:7 115:9,12 112:19 132:17 136:16 gentleman (1) graduated (1) 68:1 69:1 70:1 71:1 141:2 150:7 hour (11) 138:7 6:15 72:1 73:1 74:1 75:1 hard (3) 29:24 38:10,11,11,11 gentlemen (1) great (1) 76:1 77:1 78:1 79:1 41:4,17 61:13 38:12,12,13 43:11 30:12 17:15 80:1 81:1 82:1 83:1 Harlem (1) 64:19 126:8 give (9) greater (7) 83:8 84:1 85:1 86:1 112:20 hourly (7) 21:17 37:2,8 40:12 55:3 58:16 72:19 73:7 87:1 88:1 89:1 90:1 head (2) 28:23 29:4,7,22 30:13 51:13 67:22 105:22 109:25 110:12 91:1 92:1 93:1 94:1 5:10 163:21 93:4 149:24 118:8 173:22 128:10 95:1 96:1 97:1 98:1 headquarters (1) hours (5) given (6) grew (1) 99:1 100:1 101:1 120:8 41:11,14 70:25 89:4 16:8 50:17 108:23 73:13 102:1 103:1 104:1 health (1) 157:7 134:25 164:11 ground (1) 105:1 106:1 107:1 4:17 house (1) 183:13 5:6 108:1 109:1 110:1 hear (2) 98:25 glass (45) grounds (1) 111:1 112:1 113:1 116:11 175:3 houses (1) 65:14,14,15,15 66:6,6 95:19 114:1,9 115:1 116:1 heard (5) 98:24 67:2,2,15,15 68:16 group (2) 117:1 118:1 119:1 11:12,25 74:18,20,23 HTO (8) 68:16 69:6,6,11,11 29:13 136:20 120:1 121:1 122:1 held (1) 65:23 66:2 131:18 69:15,15,21,21 growth (1) 123:1 124:1 125:1 2:7 137:3 149:13 151:4

TSG Reporting - Worldwide 877-702-9580 Page 9

153:4,5 43:25 73:12 150:4 interested (1) items (3) 84:22 114:3 118:8 158:18 183:18 32:13 70:4,7 122:24 125:16,20 I index (4) interests (1) 143:7,12,21 144:2 ID (1) 1:4 134:14 179:2 127:15 J 146:22 149:18 17:23 182:2 interfaced (1) JAMB (1) 150:23,23 168:23 idea (10) indicate (3) 56:21 17:2 jobs (1) 131:14 137:10 142:9 23:19 51:18 143:12 interior (9) January (3) 138:17 144:11 156:25 indicated (4) 17:24 45:14,16,18,20 81:12 82:12 85:13 Jomanna (4) 159:12 169:4,18 20:2 21:7 44:23 45:11 148:14 149:3,8,23 Jay (2) 1:24 2:9 183:6,23 177:8,15 indicates (3) interiors (1) 100:5,9 JOSHUA (2) identification (33) 16:2,7 17:19 9:22 Jeffrey (46) 3:8,18 13:23 19:16 56:11 indicating (2) internal (2) 20:12,14,16,21,22,23 Judge (1) 62:19 66:16 69:4 15:23 51:20 128:12 143:7 21:2,7,8 34:10,17 19:14 71:6,21 73:16 77:9 individually (1) interpreting (3) 34:20,22 35:2,6 judgment (1) 79:14 81:9 82:18 129:20 165:12,15 166:19 62:4,11 71:9,25 111:10 85:11,24 95:14 individuals (1) introduced (1) 73:19 76:6,8 77:12 July (12) 106:4 108:22 114:6 57:19 9:18 79:17 89:12 90:22 62:22 66:7,14 70:13 125:10 129:11 Industries (8) inventories (1) 90:23 94:22 99:3,7 73:18 74:11 106:7 134:9 139:7 142:11 170:7,9,11,17,22 42:7 100:12 102:18 106:17 129:15 147:7 148:5 154:24 173:2 174:18 invoice (9) 119:21 133:8,20 139:10 143:3 144:5 157:16 158:7 159:4 177:12 89:11 94:11,16 106:6 147:11,23 156:13 June (11) 167:4 175:8 176:4 industry (2) 106:17 107:16 156:15 164:2,6,13 31:13 32:4 34:9,16 identified (2) 30:3 166:25 154:18,22 180:12 164:15,24 165:21 44:10 69:5,15 71:8 108:24 134:12 information (4) invoices (4) 174:22 76:3,9 176:11 identifies (2) 20:2 50:16 161:15 94:13 118:6,23 Jensen (70) junior (1) 14:14 56:3 182:17 176:25 3:4,7 14:20 19:7,9,13 26:21 identify (3) initial (2) involve (1) 24:10,17,19 30:18 jurat (1) 14:4 15:11 16:23 12:7 122:20 152:21 32:23 33:4 34:3,8 177:21 identifying (2) initials (1) involved (16) 34:12 38:19,23 39:2 14:17 18:6 26:16 37:14 44:19 52:8 40:24 52:10,12,15 K ID-700 (1) initiated (1) 71:13 80:5,15 82:11 52:23 53:4,7 62:8 keep (6) 38:13 128:9 84:25 90:11 145:2 62:13 64:14 65:12 57:2 60:21 84:4,15,17 ID-701 (1) input (5) 148:17 152:3 68:12,17 69:23 93:4 38:13 23:6,8,11,13,14 167:19 171:5,7 70:23 71:3 72:23 keeping (2) ID700 (1) inputted (1) 174:6 79:5 87:4 92:3 40:20 80:18 17:23 22:16 involving (1) 93:15 95:18,23 96:4 kept (3) ID701 (1) inspected (3) 95:25 96:9,13,20 97:7,14 41:11 70:18 125:19 18:3 46:19,24 47:7 Israel (4) 97:25 98:6 103:19 keyed (1) image (1) inspection (2) 171:3,14,17 172:5 103:23 104:5,8 44:24 17:20 47:4,10 issue (16) 105:8 107:11,13 kick (1) improper (1) install (2) 19:11 36:18 74:19,22 111:5,21 121:4 108:13 108:14 75:7 157:22 74:22 76:18 77:2,6 123:5 129:6 134:5 kind (1) improving (1) installation (1) 80:2 82:15 91:12,13 143:23 146:6 143:18 43:25 83:11 96:5 108:18 122:21 148:23 156:10 kitchen (1) include (2) installer (4) 122:23 165:10,17 166:14 158:21 61:8 119:13 170:12,13,15,17 issued (10) 166:18 kitchens (1) included (5) installers (1) 31:9,10,16,20 79:22 Jersey (7) 161:2 59:13 86:14 87:17 170:12 82:7 87:21,21,22 2:12 42:5,14,23,25 knew (5) 102:19 149:9 Institute (3) 88:4 57:17 183:8 10:18,20,21,25,25 income (3) 6:14,20,21 issues (13) JF0000014 (1) know (172) 103:9 124:2,7 instructing (2) 4:18 36:15 37:14 180:13 4:17 5:13,18 8:18 9:7 incorrect (1) 38:24 39:2 65:20 67:2 69:10,15 job (30) 10:13,23 11:3 18:18 51:11 interact (3) 70:19 78:6 83:25 1:25 13:11,16 20:17 20:25 22:18,19 24:6 increase (2) 65:10 106:23 107:3 85:2,8,21 20:19 22:3,11 23:2 26:9 32:10 34:12,19 53:12,13 interaction (2) item (2) 23:5,9 35:15 56:23 37:13,15 39:12 40:6 increased (4) 49:18,24 70:4 119:8 63:15 65:11 71:2 41:2,6,10,13,14

TSG Reporting - Worldwide 877-702-9580 Page 10

43:15 44:18 50:14 lack (1) 74:12 75:24 77:11 listed (11) 134:13,24 144:13 50:20 51:3 52:3,4 121:19 77:21 79:16 81:10 83:25 111:18 113:24 144:14 159:16,20 52:10,11 53:25 55:6 landlord (4) 82:19 85:13 147:9 148:14 151:6 163:18 55:23 56:15 57:4,5 114:25 116:18 117:13 176:6 179:13,14,16 180:11,15,16,18,19 looked (14) 57:6 58:8,13 61:24 120:4 179:20,22,24 180:3 180:21 10:2 41:14 42:6 63:13 62:10,24 65:5,21 landlords (2) 180:5,7 181:16 lists (1) 64:4,7 72:11 99:15 66:4,10,21 67:25 115:8 116:25 letterhead (3) 168:9 99:22 115:4,12 68:24 69:20,24 landlord's (1) 56:13 147:10 175:11 LITIGATION (1) 116:3,17 137:9 70:17 73:11,14,14 116:15 letters (2) 182:2 looking (11) 73:23 74:8 75:12 landmarks (1) 23:10 64:12 little (5) 17:21 27:9 44:25 76:23 77:2,5,15 113:5 let's (11) 12:4 115:13 116:2,4 75:14 86:15 115:6 80:13,20 81:2,7,14 laptop (2) 5:21 20:11 30:21 53:9 137:19 123:6 124:12 82:23 84:7,11,23 39:13,17 70:9 71:3 111:25 LLC (10) 142:16 156:18 85:4,7,16 86:4 laptops (1) 123:14 129:8 1:7 119:7 132:17 162:6 87:15,18 88:22 92:5 39:20 144:13 149:3 136:16 139:5 142:3 looks (4) 93:13,16 96:9 97:4 large (4) levels (3) 147:9 159:8,8 16:7 136:10 157:9,11 97:16,18 100:24 27:22 42:4 54:25 26:23 27:2,3 170:21 lose (1) 104:5,6,6 105:18 92:23 liability (3) LLCs (1) 39:10 107:7,11,12,13 larger (3) 8:19 92:22 134:2 119:6 lost (2) 108:4,15,18 109:3 20:3 21:18 54:8 liaise (2) LLP (1) 41:8,12 112:14 114:16 largest (4) 47:20 48:21 2:8 lot (9) 115:7 117:21 118:3 89:18 127:7,21,25 liaised (2) lobbies (2) 34:4 89:17 93:12 119:5,6,15,17,20 late (1) 48:8,11 9:23 149:18 105:7 115:7 119:5 121:18 122:22 115:21 liaising (2) lobby (24) 141:6 149:18 123:5 124:4,19 law (2) 47:14 48:15 12:2 91:25 92:7 137:9 151:15 125:16 127:23 4:11 16:3 license (2) 137:11,16 139:10 low (2) 128:13,21 130:15 layouts (1) 6:5 28:14 142:13,18,21,23,24 174:15,18 132:14 135:22 115:8 licensed (2) 142:25 143:8,13 lower (2) 136:20,22 139:12 layperson's (1) 5:22,25 144:2 145:9,24 21:23 54:23 140:15 141:2,16 18:5 life (2) 148:14 149:3,8,23 lump (8) 142:13 144:22,24 lazy (1) 16:17 172:20 152:13 156:17 84:21 93:4 126:7,9,12 145:22 147:12,19 168:15 lifted (1) Local (1) 131:24 149:25 147:22,25 149:9,11 lead (2) 16:22 16:3 150:2 150:17 151:18 125:20 127:9 lighting (6) located (3) lunch (1) 152:14,22 153:24 lease (2) 53:21 54:2,4,6 59:20 21:3 32:5 42:22 5:21 155:5 156:15,23 114:11 120:3 152:17 locations (1) Luncheon (1) 157:5 163:17,19,20 leases (1) lights (1) 18:7 108:20 164:21 165:4,5 115:5 55:2 lodge (1) 169:25 170:10 leaving (1) liked (3) 121:22 M 171:2 172:23,25 116:7 12:2 157:10,12 long (7) M (1) 173:5 174:14,17,25 left (2) Limited (1) 7:13,23 17:15 64:18 4:2 175:4,4,5,17 177:6 9:9 178:4 8:19 126:13 145:22 Macadaeg (1) 177:9,13 legal (2) line (25) 170:2 176:7 knowledge (6) 117:17 118:17 25:9,15 119:8 140:12 longer (1) mail (1) 19:25 42:24 72:25 legalizing (2) 141:12,20 163:13 132:22 73:18 165:11 166:15,17 36:14,18 164:18,20 177:21 look (37) Majewski (3) known (1) legends (1) 182:5,5,9,9,18,18 14:11 17:21 21:11 172:23 173:12 174:21 165:18 15:23 182:22,22 184:9,10 33:25 34:2 49:21 making (1) Kondylis (6) lengthy (1) 184:12,13,15,16,18 53:24 54:8 56:16 4:18 7:16,22,24 8:5,9 9:9 100:23 lines (6) 57:22 61:25 62:23 male (1) K-O-N-D-Y-L-I-S (1) letter (41) 44:22,23,24 51:20 68:3 75:16,20 77:16 27:14 7:22 24:25 57:23,23,23 54:16 121:2 79:7 92:9 99:23 manage (1) 61:15 62:2,21 65:23 lingering (1) 101:7,18 102:2,3,9 21:2 L 66:3,6,13 67:16 118:17 102:24 105:17 manageable (2) labor (2) 68:16 69:5 70:11,13 link (1) 108:10 111:25 14:5 19:19 106:19 107:19 73:17,20,24,25 74:2 144:11 115:11 132:2 Management (36)

TSG Reporting - Worldwide 877-702-9580 Page 11

20:13,14,16 21:2,7 157:15 158:6 159:3 memo (2) 3:13 4:7,10 14:22 5:17 6:4 21:18 101:7 21:9 25:3 34:11,18 167:3 175:7 176:3 71:7,22 21:22 24:5 30:15 105:20 108:19 34:20,23 35:2,3,6,7 182:21 Memorandum (3) 32:25 33:10,16,20 114:16 118:6 62:11 89:12 119:21 marriage (1) 179:17,19 181:3 34:14 38:21,24 53:2 120:24 152:5,9 141:21 142:2,8 183:17 memory (3) 53:5,9 56:12 62:3 needed (6) 147:11,23 148:2 master (8) 101:19 131:5 137:8 62:20 66:12 68:7,25 53:20 59:15 63:24 156:13,15,16 17:17,18 44:7 45:2,12 mentioned (10) 70:7 71:7,22 73:17 85:20 116:13,13 163:13 164:2,6,13 155:14,15 157:22 38:2 49:13 59:23 77:10 79:10,15 negotiate (1) 164:15,22,24 165:2 material (1) 74:21 115:9 123:10 81:10 82:19 85:12 126:14 176:6 133:13 147:18 152:8 168:8 85:25 89:22 96:3,7 negotiated (2) manager (8) materialize (1) 171:8 96:11 98:3 103:5,24 126:12,16 22:25 26:5,7 70:10 128:11 merely (1) 105:22 106:5 negotiating (1) 73:21 75:24 176:17 materials (2) 17:12 107:15 111:9,23 130:14 176:22 106:19 107:19 Mermelstein (2) 114:7 122:3 124:21 neighborhood (1) managers (4) math (1) 138:6 146:11 129:3,8 134:6,10 116:12 27:5 29:10,14,16 72:24 mess (1) 139:8 143:16,20 net (1) manages (2) matter (2) 118:17 145:15 147:8 148:6 103:13 20:15 176:24 111:5 183:19 Metropolitan (2) 148:25 154:16,21 never (2) managing (4) matters (1) 172:18,20 154:25 156:3 63:6 130:21 14:2 122:9 133:2 111:17 middle (5) 157:17 158:8 159:5 new (58) 135:6 mean (34) 57:24 65:23,24 81:17 159:17 167:5 1:2,3,15,15 2:8,9,12 Manatt (3) 25:16 26:6 31:19 137:18 171:20,24 175:9 2:12 3:6,6,12,12,17 2:7 3:10 4:11 34:13 35:10 49:10 Midtown (1) 176:2,5 178:2 179:4 3:17 5:23 6:5,14,20 MANGES (1) 86:23 88:8,10,13,17 115:5 mountain (1) 6:21 7:11 9:10 3:15 93:18 97:16 101:19 mid-February (1) 42:3 15:19 22:5 23:2,4,9 manifests (1) 103:20 104:19 130:25 move (3) 27:11 31:5,5 42:5 42:7 115:25 117:25 million (3) 53:9 99:24 127:15 42:14,23,25 54:5,5 manpower (1) 120:17 121:4 123:7 121:12 130:13,18 moving (2) 55:2 57:17 89:18 149:17 125:22 129:21 mind (2) 115:17 117:4 101:13 112:17,20 manufacturer (1) 131:4 138:18 90:8 144:12 multiple (2) 117:13 120:3,3,7 170:15 150:17 151:17,18 minimis (1) 15:16 93:19 131:10,16,20 marble (1) 162:7,19 164:10 38:9 155:13 167:7,8 108:10 171:11 175:3 minimus (1) N 168:5,11,11 183:3,5 March (8) 176:23 38:7 N (1) 183:8,8 1:16 2:2 126:19 meaning (4) minutes (2) 3:2 nods (1) 127:19,20 130:8,24 17:5,18 34:22 76:5 64:20 126:15 name (13) 5:10 146:19 means (7) mislead (1) 4:10 7:21 8:15 9:21 normally (2) margin (1) 17:20 33:3 55:23 152:7 11:2 20:23 21:8 17:25 152:17 31:9 118:3 131:15 164:8 missed (2) 30:25 42:19 131:16 North (6) marginal (6) 164:11 130:12 132:6 161:11 184:3,5 106:6,24 107:4,7,23 104:11,12,14,16,18 meant (6) missing (1) named (1) 180:12 104:19 36:17 100:19 117:22 70:5 136:22 Notary (3) mark (2) 119:11 125:3 modify (1) Nancy (5) 2:11 4:3 183:7 66:12 106:2 129:19 93:22 66:21 69:6 73:21 note (3) marked (41) medications (1) molding (1) 82:21 85:14 15:10 129:8 176:14 13:22 14:12,21 18:15 4:23 157:22 narrowed (2) noted (2) 19:15 56:10 62:18 meet (3) moment (1) 19:13 32:22 96:8 122:16 62:24 66:15 69:3 50:11,19 64:13 129:15 Nathan (1) notes (6) 71:5,20 73:15 77:8 meeting (2) money (6) 65:4 15:14,16,17 21:12 77:15 79:13 81:8 51:6,8 42:11,12 116:9,15 near (2) 54:7,24 82:17 85:10,23 meetings (3) 130:21 173:17 21:23 25:9 notice (2) 91:20 95:13 106:3 50:22 64:21 65:4 months (3) necessarily (1) 21:13 179:24 108:21 114:5 125:9 member (3) 146:25 160:11,19 51:10 November (5) 129:10 132:4 134:8 4:11 133:2 135:6 morning (2) necessary (2) 82:20 83:19,22 84:9 139:6 142:10 147:6 members (3) 4:8,9 26:11 32:12 84:25 148:4 154:23 100:9,12 122:9 Morrison (76) need (11) number (26)

TSG Reporting - Worldwide 877-702-9580 Page 12

21:13,25 22:3,13,16 Oh (3) 138:22 139:2,15 157:19,20 158:17 owners (1) 22:23 23:2,5,9 60:7 11:17 54:21 111:11 140:11,21 141:19 180:22,24 181:6,8 121:25 63:15 80:24 81:6 okay (255) 142:16 143:11,16 orders (13) ownership (2) 103:3 114:3 122:16 5:2,5,15 6:3,11 7:2 144:13,22 145:4,7 132:17,19 136:11,13 122:9 147:3 125:16,20 135:22 8:4,24 9:5,8 11:5,11 145:15,18 147:15 140:23 143:3 144:6 owner's (3) 143:7,12,21 146:22 13:6,16 14:3 15:8 147:18 148:17 150:15 158:9,25 58:18 171:9,21 149:19 151:6 174:3 18:10,18 19:12,21 149:14 150:20 161:10 174:7 181:9 owner-hired (1) numbers (5) 20:16 21:5,16 22:10 151:17,25 152:10 ordinary (2) 172:21 21:23 25:10 61:13 22:12 23:13,22,25 153:7,17 154:16 18:11 80:17 owner-selected (1) 105:6 123:8 24:5,24 25:4,7,9,15 155:11 156:3 159:9 organization (50) 49:14 nut (1) 25:18 26:6,13 27:13 159:13,23 160:23 9:15,19 10:7,15,21 owns (1) 130:20 27:23 28:22,25 161:7,21 162:10,21 11:9 13:3 18:19 119:7 NYIT (1) 29:21 30:6,10,15,17 163:11,23 167:15 35:7 89:21 91:17,22 O'Hara (318) 6:24 31:4,8,24 32:3,10 168:3,16 169:8,19 92:4 98:13,17 1:14 2:6 4:1,8 5:1,22 N.T.S (1) 32:16,19 33:16 34:8 169:25 170:6,22 100:16 103:18 6:1 7:1 8:1,16,22 25:16 34:24 35:9 36:2 173:7 178:2 104:4 105:3,14 9:1 10:1 11:1 12:1 37:23 40:9 41:16 old (4) 110:10,20,24 113:7 13:1,22,24 14:1,10 O 42:6 43:6,16 44:8 86:16 131:11,21,22 113:21 114:25 14:11,13 15:1,18 O (2) 44:11 45:5,13,20 omissions (1) 118:11,19 119:2,3,9 16:1 17:1 18:1 19:1 4:2,2 46:7,13 47:7,13,17 92:23 119:10 120:4,8 19:15 20:1,8,8,12 object (2) 47:20 48:4 50:11,21 ones (1) 121:14,21 122:6,7 21:1,16 22:1 23:1 95:18 121:17 51:11,25 53:9,22 116:21 122:11 123:2,19,25 24:1 25:1,10 26:1 objection (21) 54:22 55:8,14 56:18 one-off (1) 127:20,25 128:12 27:1,7,9,18 28:1 40:24 51:9 53:3,6,7 56:21 57:7,19,22 158:5 139:23 140:5,9 29:1 30:1,22,23 62:12,13 65:12 58:10 59:17 60:3,16 online (2) 146:3 147:20 31:1 32:1 33:1 34:1 90:14 96:7 111:20 61:3,14,16 63:3,11 60:18,19 original (4) 35:1 36:1 37:1 38:1 121:23 123:4,21 63:19 64:13 65:19 on-suite (1) 66:2 142:17 156:20 39:1 40:1 41:1 42:1 124:18 127:22 65:22 66:18,21,24 44:7 158:17 43:1,3,6 44:1,15 128:2 134:5 146:5 67:5,8,11 68:9,10 open (11) originally (1) 45:1 46:1 47:1 48:1 160:12 165:9 69:14 71:22 72:16 9:10 22:13,16,22 23:2 44:11 49:1 50:1 51:1 52:1 obtain (2) 74:10,17,24 75:4,23 23:4 80:25 81:4 outcome (1) 53:1 54:1 55:1 56:1 6:4 50:15 77:22 78:3,6 79:21 111:17 128:18 183:18 56:10,15 57:1 58:1 obtained (2) 79:25 81:17 82:4,25 156:23 outfitting (1) 59:1 60:1 61:1 62:1 35:15 107:8 83:2,5 84:23 85:19 opened (9) 17:24 62:18,21,23 63:1 obtaining (1) 86:13 87:10,19 88:3 8:3,12 12:10 122:6 outlet (3) 64:1 65:1 66:1,13 82:11 88:16,19 89:9,11 125:19,21 128:16 55:25 56:3,4 66:14,15 67:1 68:1 obviously (3) 90:2,10 91:10 93:6 143:25 146:22 outlets (1) 68:25 69:1,3 70:1,9 98:6 115:6 129:19 94:5 95:7 97:5 opening (1) 18:6 71:1,5,20 72:1 73:1 occasionally (1) 100:2,22 102:2,24 78:21 outlined (1) 73:15,23 74:1 75:1 92:9 103:8 105:10 openings (1) 44:21 75:24 76:1 77:1,8 occur (2) 106:14 107:7,15,22 128:25 outlining (1) 77:10,14,15 78:1,7 47:10 130:23 109:2,7,13 110:12 open-ended (1) 16:6 79:1,13,15 80:1 occurred (3) 110:18,22 111:3,11 166:7 outside (1) 81:1,8 82:1,17 83:1 50:20 78:13 137:14 112:24 113:20 operation (1) 155:13 83:5,9,13 84:1 85:1 October (3) 114:16,21 115:16 103:10 outstanding (3) 85:10,12,23 86:1,5 79:16 80:6 83:10 115:25 116:24 opportunities (1) 110:19 132:16,23 87:1 88:1 89:1,3 offer (2) 117:3 118:9,24 127:9 oversaw (1) 90:1 91:1 92:1 93:1 116:18 117:4 119:17 121:9,13 opposed (1) 29:13 94:1 95:1,13 96:1 offering (1) 122:3,10 123:14,16 17:6 owed (3) 97:1 98:1 99:1 16:8 124:5,11,20 125:13 order (25) 42:10,12 116:9 100:1 101:1 102:1 office (10) 125:24 126:23 6:4 58:4 65:10 75:3 owner (13) 103:1 104:1 105:1 10:15 14:16 39:14,21 129:3 130:2 131:4,9 114:10 135:25 14:18 51:13 82:7 106:1,3,5 107:1 39:24 42:3 60:11 131:13,19 132:2,9 136:10,18 139:9,10 93:21,23,23 141:6,7 108:1,21,24 109:1 75:6 91:9 141:4 132:10,24 134:3,6 139:22 140:13 141:20 156:13 110:1 111:1 112:1 offices (2) 134:15,17,22 136:4 142:12 155:2,11 159:6 170:13 113:1 114:1,5,7,9 2:7 32:17 136:12,25 137:7,13 156:16,17 157:18 171:11 114:13 115:1 116:1

TSG Reporting - Worldwide 877-702-9580 Page 13

117:1 118:1 119:1 134:24 135:8,11,16 passenger (1) personal (5) Plaza (2) 120:1 121:1 122:1 144:15,16 160:4 152:24 10:5 11:7 49:20 63:14 115:15,18 123:1 124:1 125:1,9 163:12 177:20 patching (2) 116:8 Pleading (1) 125:11 126:1,19 179:3,8 180:3 181:3 59:22 158:23 personally (2) 180:16 127:1 128:1 129:1 182:5,5,9,9,18,18 pausing (1) 46:25 116:14 please (15) 129:10,12,12,18 182:22,22 184:9,10 111:9 personnel (2) 5:10,13 7:20 9:6 130:1 131:1 132:1 184:12,13,15,16,18 pay (2) 26:12 75:2 28:19 46:11 76:7 133:1,2 134:1,8,10 pages (7) 93:24 117:4 pertaining (1) 77:14 81:14 89:23 135:1,5 136:1 137:1 19:22 38:4,6,8 77:18 payable (1) 59:7 96:19 132:5 143:17 137:4 138:1 139:1,6 100:24 101:6 58:15 Peter (1) 156:4 168:22 139:12 140:1,12 paginated (1) paying (1) 172:18 pleasure (2) 141:1 142:1,10 102:7 25:4 petition (9) 4:20 178:7 143:1 144:1 145:1 pagination (1) payment (2) 40:23 101:10,16,24 PLLC (10) 146:1 147:1,6,8,12 134:25 63:17 153:10 105:14 109:20 8:16,17,22 30:23 43:3 148:1,4,11 149:1 paid (11) pays (1) 111:16 115:23 62:22 66:14 114:9 150:1 151:1 152:1 110:16 111:2 113:10 93:23 116:10 131:18 176:11 153:1,8 154:1,23 115:13 116:2 Penmark (9) petty (1) plugged (1) 155:1,6 156:1 157:1 130:22 131:20,22 56:12 69:7 71:9 73:22 95:5 56:2 157:15 158:1,6 139:5 150:21 154:9 77:12 79:16 82:21 PG (1) plumbing (1) 159:1,3,10 160:1 painting (1) 83:6 85:14 116:14 161:2 161:1 162:1 163:1 160:25 Penn (3) phase (2) plus (3) 164:1 165:1 166:1 panels (5) 115:5,15,18 161:8 169:12 149:18 160:10 169:7 167:1,3,10 168:1,10 75:7,9,19 76:16,22 penthouse (1) Phelps (3) Plutzer (1) 168:10 169:1 170:1 panels/wood (1) 93:22 2:7 3:10 4:11 177:9 171:1 172:1 173:1 75:13 people (5) Phillips (3) pockets (1) 174:1 175:1,7,12 paper (1) 17:5 34:21 70:25 2:8 3:10 4:12 95:4 176:1,3,10,12 177:1 41:25 130:15 146:7 phone (6) point (6) 178:1,13 179:4,9,10 paperwork (4) percent (21) 11:12,16 13:9 65:4 52:24 87:4,5 123:23 179:11,13,14,16,17 22:12 47:23 49:10,11 58:17 72:5,6,19,21,22 91:7 125:23 130:2 131:9 179:19,20,22,24 paragraph (14) 73:7 84:21 104:21 phonetic (4) pointing (3) 180:3,5,7,8,10,12 61:17 117:7,8 119:23 104:22,24 105:4,15 25:23 26:18 65:3 51:19 55:25 88:20 180:14,16,17,19,20 127:5 132:2,5,7,8 120:6 123:3,19 100:5 portion (6) 180:22,24 181:3,5,6 132:11,25 133:12 124:2,6,17 138:15 pick (2) 68:22 89:24 96:21 181:8,9,11,12,14,16 159:20 160:4 161:20 46:10,14 117:10 124:24 183:10 184:5,20 parallel (1) percentage (3) picked (1) 172:3 O'Hara's (2) 54:15 103:21 104:2 110:23 46:8 position (4) 53:8 106:20 Park (3) perception (2) picking (1) 74:6,11 87:16 108:16 3:4 10:2 24:19 119:3,4 52:8 possibilities (1) P part (7) perfect (1) place (1) 146:9 P (2) 47:13 48:14 54:23 115:12 145:23 possible (2) 3:2,2 56:18 87:14 119:7 perform (3) placed (1) 41:16,19 page (82) 145:5 28:8 49:8 137:2 76:16 possibly (3) 14:14 15:8,9,15,16,22 parties (1) performed (26) plaintiff (2) 128:22,23 166:7 15:25 18:8 20:12,24 183:16 34:17 37:20 45:25 1:5 4:12 post-graduate (1) 21:11 25:10 30:21 partition (1) 47:14 49:5 74:13 plan (11) 6:23 31:8 43:7,11 44:21 16:15 89:13 90:3 99:2,6 16:8,11,12,14 17:20 practice (3) 54:4,20 55:19 57:22 partitions (1) 99:11 100:4,8,11,15 18:6 43:7,22 53:16 84:19 95:7,10 57:24 61:14,14,25 16:17 104:3 110:10 53:23 81:20 precision (1) 62:2 72:14 77:22 partner (2) 111:13,17 118:10 plans (8) 121:20 78:2,21 101:4,19 8:4 177:11 118:18 133:20 58:7 59:14,15 65:20 preferences (3) 102:4,4,9,24,25 party (2) 162:13 167:24 67:3 69:12 75:18 49:20 50:13,16 103:3,5 109:5,6,24 13:20 96:16 174:22 175:24 99:16 premiere (1) 112:2 113:12,14 pass (1) performing (3) play (1) 168:5 117:9 119:24,24 28:13 87:12 172:7 175:2 45:7 premises (2) 121:10 126:24 passed (1) person (2) played (1) 120:7 168:8 132:3 134:13,19,23 14:9 11:2 170:16 176:20 preparation (2)

TSG Reporting - Worldwide 877-702-9580 Page 14

25:7 63:18 173:20 173:18,18 174:11 42:15 131:10 raised (8) prepare (4) problem (1) 175:11 181:13 Purchaser (1) 67:2 69:11,15,21 40:23 63:11,20 157:9 projects (22) 133:14 70:19 78:7 85:2 114:21 proceed (2) 14:16 22:4,5,5 92:24 purposes (6) 130:20 prepared (1) 70:12 137:12 99:7,12 110:8,9,19 14:6 17:22 19:20 20:5 raising (1) 83:8 proceeded (1) 111:14,18 112:12 101:24 107:25 37:5 preparing (2) 10:3 113:15,21,24 128:8 pursuant (2) ran (2) 140:21 144:8 proceeding (2) 128:15 137:14 4:15 18:25 60:10 118:17 presentations (1) 114:8 130:3 140:8 148:13 156:6 purview (1) range (3) 12:7 process (2) project's (1) 42:11 61:7 93:14 173:22 President (3) 145:23 146:4 158:17 put (8) rate (6) 164:2,23,25 produce (2) proper (1) 16:10 23:24 51:13 28:16,23 29:4,7,10,22 presumably (2) 146:25 149:17 16:19 70:25 116:9 145:7 rates (1) 31:21 65:13 produced (1) properly (3) 160:2 166:19 30:12 pretty (5) 18:24 138:15,16,19 p.m (2) rating (1) 26:8 131:8 138:16 PRODUCTION (1) properties (10) 108:20 178:10 16:17 143:10 150:22 182:8 96:2 116:17 137:23 ratings (1) previously (4) professional (21) 137:24 138:2,5,11 Q 16:19 148:20 159:19 171:9 8:19 90:5,9,12 91:3 140:5 169:17 quad (1) Ratner (18) 177:17 94:6,18 95:16 98:16 176:24 18:7 10:22,22,23 11:12 price (3) 98:22 99:3,7,14 property (10) question (32) 13:7,8 75:6 90:24 107:16 142:18 156:21 100:5,13,17 133:24 73:21 75:23 99:19 5:13,14,17 15:2 22:17 99:12 119:5 141:25 principal (1) 149:12 151:3 125:12 132:20,21 32:17 33:19 34:15 142:7 146:11,13 100:16 152:18,25 139:3 156:9 176:17 39:4,4 46:12 52:12 163:25 164:4 177:3 principals (8) profit (1) 176:21 52:16 67:20 68:13 177:4 95:17 98:12,17,23 8:6 proposal (1) 68:18,19,20,21 73:2 Ratner's (2) 119:13,15,18,20 program (1) 83:14 79:2 96:18 99:5 99:16 163:16 print (1) 6:20 proposals (4) 103:25 111:8,24 reached (1) 21:18 project (95) 63:17 78:16,19,20 120:25 125:5 10:18 printable (1) 16:22 21:8,13,25 proposed (7) 159:15 160:14,16 read (20) 24:4 22:13,16,23,25 16:13 27:11 36:21,22 162:25 46:11 52:13 54:9 printed (2) 23:14,20 26:5,7,8 58:4 83:10 127:14 questions (15) 55:20 66:17 68:5,23 102:8 148:8 27:5,8,18,22 29:10 proprietor (1) 4:24 12:15 17:13,14 72:16 77:17 78:24 prior (30) 29:14,16 30:8 33:14 8:23 52:13,24 97:8,19 82:25 89:22,25 7:6 11:8 34:9,16 36:2 35:11 37:25 40:21 prospective (1) 106:15 114:17 96:22 124:21,25 37:12 44:15 63:7 41:12 42:9 43:22 22:5 124:22 178:3,4,9 132:4 165:7 171:20 64:14 66:19 69:7 44:9,16 48:2,15,19 protocol (1) 182:21 172:4 71:17 74:2 78:4,7 53:11 57:3 58:22 14:15 quick (1) reading (3) 79:18 83:3 106:12 59:3 60:5,23 61:3,4 prototype (2) 72:10 78:8 165:11,14 126:20 128:4 70:10,12 72:7 73:13 151:16,24 QuickBooks (1) ready (1) 139:16 147:16 74:14 78:13 80:6,15 prototypical (1) 63:16 134:20 148:10 155:8 80:24 81:6 93:7 137:10 quickest (1) real (3) 167:12 172:14,16 106:24 107:5,24 provide (6) 102:3 33:7,8 149:20 173:3 175:14 108:5 112:22 91:16 155:18 158:2 quickly (4) really (3) 176:13 113:10 118:12 158:24 168:17 16:10 42:2 72:12 28:7 88:10 119:6 priority (1) 120:12 122:15,19 169:9 99:16 Realty (8) 130:11 122:23 123:18 provided (2) quite (2) 56:13 69:7 71:9 73:22 private (1) 125:14,25 126:7,8 92:14,14 92:21,23 77:13 79:17 82:21 17:5 136:3 139:9 143:13 providing (3) 85:14 privy (1) 144:2,23 145:2,5,24 16:18 91:2 107:25 R reason (11) 122:8 146:23 149:21 public (8) R (2) 4:22 5:18 130:9 184:6 probably (13) 152:14 156:17 2:11 4:4 17:4 44:6,25 3:2 4:2 184:9,10,12,13,15 16:23 29:8 38:10 157:3 159:11 45:12 50:9 183:7 Rae (1) 184:16,18 67:10 80:9 89:4 160:18 161:16 pulled (1) 176:7 reasonable (1) 95:6 137:19 146:10 162:19 163:6 167:7 130:17 railings (1) 149:19 151:22,23 153:3 170:20 171:5 172:6 purchased (2) 107:20 reasons (1)

TSG Reporting - Worldwide 877-702-9580 Page 15

128:11 37:17 71:4 108:20 49:5,9 50:4,23 52:9 relatives (1) 9:23 172:10 recall (109) 153:6 52:21 53:15,22 99:13 report (4) 9:25 11:19 13:2,6,13 recognize (6) 81:25 120:19 relevance (2) 108:25 129:13 134:11 13:19 23:16 28:24 15:3 56:18 62:4 63:3 136:13 144:7 95:19 96:5 180:19 28:25 30:6 35:13 86:7 109:7 153:25 relevant (5) Reported (1) 36:15 38:17 39:23 recollection (13) reflector (1) 95:24,25 96:10,10,14 1:24 45:15 46:12,15 47:9 21:6 63:24 69:24 55:2 relief (1) reporter (3) 47:25 48:7 53:14 85:20 97:9 110:23 reflects (5) 114:12 2:10 5:9 183:7 55:13 60:2 63:10 146:21 162:16,22 15:9 20:2 61:12 87:13 remain (3) represent (3) 66:20,24 69:9,10 163:5 167:23 153:11 54:18 56:7 81:4 4:12 24:21 72:5 70:2,21,24 71:16 168:21 176:19 reframing (1) remarks (1) representatives (3) 74:5,10 75:12 76:14 record (29) 158:23 82:4 55:15 78:12,16 76:17,18 81:23 82:3 14:8 19:9,21 20:5 refresh (8) remember (2) represented (3) 82:13,14 83:4,17,21 28:18 33:11 37:4 63:24 85:19 110:22 131:7 170:25 24:12 133:3,14 83:24 84:3 88:3,24 51:18 55:24 68:23 146:21 162:21 remnant (1) representing (1) 89:15 91:14 96:20 70:3 86:15 89:25 163:5 167:23 115:10 50:23 97:9 98:14,18,20 96:22 121:19 176:19 removal (1) Reputation (1) 99:20 101:10,15 123:15,22,23 refreshed (1) 44:22 11:4 102:21 104:15,18 124:25 125:4 129:9 63:25 removed (2) request (17) 105:2,8,9 107:2 129:17 157:14 refreshing (1) 44:25 45:4 24:6,8 30:16,19 32:22 109:13 111:12,15 161:24 162:12 85:20 renovate (1) 33:17 37:23 129:4,7 111:21,22 112:21 163:4 172:4 183:13 regard (4) 92:6 143:17 145:16,19 112:24 113:9,20,23 184:7 83:14 84:25 107:4 renovated (6) 154:17,21 156:4 114:20 116:24 recorded (2) 108:17 95:16 98:12,16,22 159:19 182:8 123:9 125:24 126:4 84:7 85:4 regarding (11) 142:23 153:22 requested (9) 126:6,17 127:2 records (5) 33:14 36:5 37:24 renovating (2) 35:19 68:22 73:19 137:12,13 140:10 38:14 39:5,6 63:17 44:12 50:16 74:6 36:5 44:20 89:24 96:21 124:24 142:20 143:25 123:24 76:18 83:10,18 84:9 renovation (19) 159:19 172:3 178:5 145:21 146:6 redesign (1) 91:2 45:8 59:8,9,10 61:22 requests (1) 148:17 150:7 151:9 122:24 regardless (1) 78:13 81:20 92:2,15 34:4 152:16 153:22 reduced (3) 22:4 93:8,11 99:6,11 require (3) 155:20 158:4 159:2 19:19,23 20:2 registered (4) 142:24,25 148:21 72:11 73:4,9 168:3,4 169:5 refer (4) 28:2,4,12,16 160:9 165:21,25 required (5) 170:24 171:19 21:18 22:7,10 131:5 reimbursable (1) renovations (4) 15:10,13 16:19 71:15 173:16 174:9 reference (2) 150:11 89:19 93:3 148:8 149:17 175:16,25 176:14 76:22 161:12 reimbursables (1) 181:5 requirement (4) receipt (2) referenced (1) 150:12 rent (2) 65:23 66:2,6 70:13 73:19 83:7 161:11 reject (1) 116:18 117:6 requirements (3) receivable (8) referred (5) 114:11 repairing (1) 16:2 67:15 68:16 102:11,20 109:11 15:14 16:11 32:25 relate (2) 59:22 requires (1) 132:12,18 133:4,9 72:7,17 93:6 145:16 repeat (4) 141:14 135:12 referring (9) related (7) 30:18 68:21 96:18 reread (1) receivables (2) 20:21 32:23 35:23 39:14 51:24 53:17 160:13 67:20 111:19 120:22 44:4 72:18 118:24 89:20 98:12 119:11 rephrase (3) research (1) receive (4) 138:11 162:11 183:16 5:14 34:15 99:4 10:10 11:10 122:18 145:19 166:5 relates (3) replace (4) residence (1) 153:18 refers (3) 33:6 80:3,4 54:10,25 168:7 17:5 received (12) 22:6 56:4 132:15 relating (4) 169:15 residences (2) 11:8,12 13:25 18:19 reflect (11) 42:9 68:15 140:23 replaced (3) 99:13,13 81:20 112:22 14:9 19:21 30:11 37:4 156:6 168:25 169:14 172:17 resolve (1) 121:13 125:25 38:15 48:11 86:15 relation (1) replacement (12) 76:19 151:9,14 153:20 87:10 123:23 53:23 92:8 137:8,11,16 resolved (3) 173:17 143:20 175:17 relationship (2) 167:20 168:5,18,23 77:3 85:8,21 receptacles (1) reflected (20) 35:6 127:8 172:12 173:18 resolving (1) 18:7 17:19 27:18 37:25 relative (1) 174:8,11 77:6 recess (4) 45:21,25 47:5,17 67:21 replacements (2) respect (20)

TSG Reporting - Worldwide 877-702-9580 Page 16

48:2 49:19 56:23 revision (1) S (2) sealed (4) 167:9,16 168:11 57:3 67:2 79:22 86:13 3:2 4:2 88:7,9,11,13 170:6 176:17 108:16 116:16 RFP (4) safety (1) Sean (8) seen (20) 153:7,8 159:11 10:11,14 11:8,10 16:17 25:22,24 26:20,21,25 63:7 66:18 69:7 71:17 161:8 162:22 163:6 RFPs (1) sale (6) 27:14 57:10 80:16 74:2 78:3 79:11,18 163:7 167:24,25 9:21 129:13 133:13 134:11 searched (2) 83:2 106:11 126:20 168:17,19 172:12 RFR (2) 134:16 180:19,20 57:7 63:16 139:15 147:15 responding (1) 89:20 95:17 sample (2) searching (1) 148:10 155:8 67:15 rid (1) 50:17 152:8 9:20 158:13 164:4 response (3) 130:19 samples (1) second (7) 167:12 175:14 68:15 69:11 83:9 right (31) 51:6 15:16 25:10 115:10 176:12 responsibility (3) 21:19 23:6 24:16 30:2 save (2) 117:10 144:15,16 select (2) 136:18 164:12,14 30:4 32:7 37:10 101:6 105:18 150:23 12:5 78:18 responsible (1) 40:8 43:12 51:5,8 saw (8) seconds (1) selected (2) 77:6 52:7 54:14 62:9 63:9 64:4,10,11 70:16 38:4 45:10 50:18 responsive (2) 78:18 93:16 106:13 91:8 114:18 166:22 sections (1) self-fund (1) 32:22 33:5 108:13 109:6 122:8 saying (4) 86:12 141:7 result (1) 122:13 135:5 136:8 136:9 164:22,23,24 security (4) send (1) 169:20 144:19,20,21 161:5 says (36) 71:23 73:12 107:25 94:13 resulted (1) 166:15 173:9 176:8 21:25 25:15,18 26:13 108:17 sending (3) 174:7 176:16 30:23 31:9,16 43:16 see (130) 10:11 33:22 71:13 retained (2) right-hand (9) 54:9 55:20 61:17 5:21 21:14 22:2 25:11 senior (3) 25:3 179:9 21:12,23 31:9 54:23 65:22 72:18 75:4 25:19 26:14 30:22 8:6 26:3,12 return (1) 87:20,23 141:20 81:18 82:5 86:24 31:10,17,23 42:8 sent (5) 73:18 144:17 146:16 87:20 101:20 102:4 43:8,16,20 45:2 41:24 42:4 47:22 revenue (6) Rill (7) 102:14 103:8 110:5 54:3,5,5,6,7,11 73:18 136:15 103:14 121:4,5,6,7 138:8 147:11,18 110:13 112:4 55:21 57:25 58:19 sentence (4) 125:25 154:8 176:17,20,21 117:11 132:25 61:6,17 63:15,19,23 72:17 117:10 127:13 revenues (3) ring (2) 141:20,24 146:17 64:3 65:22 66:8 133:11 120:7 122:13 123:20 136:21,24 151:3 157:20 70:15 71:11 72:3 separate (2) review (34) role (5) 160:24 163:24 75:22 76:12 81:17 102:14 162:19 26:11,12 31:11,17,21 45:7 147:19,22,25 167:6 170:6 81:21 82:4,9 83:15 September (2) 31:23 50:21 62:25 176:20 scale (3) 87:3,19,23,25 91:11 71:23 109:17 73:24 77:14,23,25 rooftop (1) 25:16,16 168:24 101:20 102:4,12,14 sequence (1) 78:16 81:15 82:8,24 113:4 scan (1) 102:16,17 103:2,11 23:3 85:17 86:5 88:5 room (3) 72:10 103:15 106:21 series (2) 101:3 106:8 109:4 26:10 56:2 165:13 scanned (3) 107:16,18 108:12 175:10 181:14 114:14,21 129:15 Rosenbaum (1) 56:17 109:6 114:15 109:17 110:2,3,6,12 served (1) 129:24 134:19 136:20 schedule (6) 110:13 112:5,8,9 17:4 139:13 142:14 Rosenbloom (1) 16:15,21 30:14 113:15,17 117:13 server (2) 147:13 155:6 177:13 102:14 135:11 117:19 120:9 38:18 39:7 158:10 159:14 Ross (7) 150:24 127:11,17 132:10 servers (1) 176:25 139:25 140:4,7 147:9 schedules (2) 133:5,17 134:14,25 63:13 reviewed (7) 154:3 159:8 174:20 30:14 161:14 135:14,17,20 services (27) 63:2 73:25 81:16 rough (2) Schepp (1) 140:11,23 141:19 28:8 34:17 47:13 85:18 139:14 123:7 162:16 175:5 142:4,17 143:2,6 48:14 91:16 92:13 142:15 155:7 roughly (1) school (2) 146:12,17 148:15 94:6,10,19 99:2 reviewing (5) 76:21 6:12,12 149:4,12 150:3,5,12 100:4,8,11,15 51:6,8 65:15,17 rules (1) scope (9) 150:14,25 151:7,8 103:14 110:10 140:22 5:6 32:14 43:24 44:8 152:11,19 153:9 145:23 149:8 reviews (1) RULING (1) 53:11,13 60:23 155:11,16 156:12 155:19 157:3 158:3 118:20 182:21 73:12 87:11 160:24 156:14,20,22 158:25 168:16 revised (2) run (1) screening (2) 157:24 158:16,19 169:8,19 172:7,8 81:24 83:8 26:8 83:11,18 158:20 159:21,22 set (8) revising (1) seal (4) 160:7,23 163:14,23 14:19 19:22,23 20:2,3 83:21 S 28:14 88:17,20,20 164:18,19 166:2 74:11 183:11,21

TSG Reporting - Worldwide 877-702-9580 Page 17 sets (2) 88:7,9,11,13 140:16 93:14 116:12 89:2 174:11 storage (6) 19:24 58:6 146:13 165:3 soon (1) spike (1) 41:25 42:4,7,19 57:16 seven (3) 176:16 12:10 124:7 170:3 7:14 38:6 170:5 significant (5) sorry (17) spiked (1) Street (31) shake (1) 117:16 118:9,25 8:11 12:16 15:21,25 123:10 31:4 110:5,6,9 112:5 118:7 120:5 121:19 21:22 46:21 54:21 spoke (1) 112:7,16,19,25 sharing (1) signing (1) 74:20 111:11 36:9 113:7,8 116:22,23 8:6 164:17 113:14 121:5 132:6 spoken (1) 116:23 122:15 sheet (6) sign-off (1) 134:23 160:13 83:13 123:18 125:12 14:15,24 15:10 16:4 59:16 161:23 163:2 166:5 spread (1) 130:16 139:10 16:24 184:1 similar (3) sorts (1) 75:14 142:13,22 143:8,21 sheets (3) 108:16 122:18 146:14 122:2 square (3) 144:3 145:9 148:7 15:12 67:21 84:16 simply (1) sought (1) 2:8 3:11 113:6 155:2 156:8 157:18 shelving (1) 18:5 114:12 ss (3) 167:7 175:12 50:9 single (1) sourced (2) 25:19,21 183:4 studies (5) shipped (1) 14:18 103:18,20 stacked (1) 92:9,10 122:20,23 57:15 sinks (1) Southern (1) 51:21 128:9 shop (3) 45:3 101:12 stamped (2) study (2) 168:6 169:11 175:18 sir (5) space (6) 56:13 86:2 12:4 137:19 Shore (6) 22:2 24:20 31:8 43:8 115:10,13,18 116:4,6 stand (1) stuff (2) 106:6,24 107:4,7,23 109:8 116:10 8:17 98:2,4 180:12 sit (1) spaces (3) standard (5) Stuyvesant (1) short (2) 7:2 115:4 116:3 117:3 14:15 16:3 30:3 159:6 172:18 109:19 122:4 sitting (8) span (1) 161:11 subject (3) Shorthand (2) 21:5 24:16 34:24 123:24 standards (1) 168:7 178:3,5 2:10 183:7 64:24 85:7 88:25 speaking (1) 27:12 submission (2) show (5) 108:4 112:14 83:17 standing (1) 57:25 72:13 13:24 55:24 67:12 six (3) special (1) 17:23 submit (3) 110:25 128:25 37:5 162:6 173:21 6:3 Stanford (1) 89:11 118:6 173:11 shower (2) six-foot (1) Specialty (1) 177:6 submitted (11) 45:3 51:21 37:8 171:23 Stanley (2) 58:3 60:11,14 81:25 showing (2) size (1) specific (6) 1:4 4:12 88:23 91:20 105:11 16:16 86:11 92:24 59:9,10,12 101:6 start (5) 105:14 118:23 shown (1) sketch (1) 169:8 172:9 4:16 20:11 114:2 126:19 173:8 45:3 16:10 specifically (7) 160:5,19 submitting (3) shows (6) SLCE (2) 34:20 48:2 69:13 started (5) 109:13 127:2 128:4 16:13 17:12,16,24 7:9,13 70:20 76:17 88:12 9:22 114:4 122:22 subpoena (5) 24:4 56:2 slide (1) 127:4 125:14,17 4:15 18:25 19:10 side (4) 147:4 specifications (1) starts (1) 32:22 33:5 10:2 21:12 141:20 small (2) 168:6 119:23 subpoenaed (1) 144:17 130:19 137:20 specifics (1) State (5) 4:14 sign (5) smaller (1) 15:2 1:2 5:23 6:9 132:20 Subscribed (1) 108:19 141:18 142:7 86:17 specify (3) 183:3 178:15 164:5 165:6 Smith (9) 51:12,15,16 statement (3) subsequently (1) signatory (1) 25:22,24 26:20,21 speculate (1) 102:25 103:6 120:11 46:24 47:24 27:13,14,16 80:16 23:17 states (5) subsidiaries (1) signature (13) 172:22 spell (1) 2:11 101:11,12 119:12 62:5 126:23 135:9 Smith's (3) 7:20 119:25 183:8 substance (1) 140:12 141:12,23 26:25 28:23 57:10 spelling (1) Station (1) 37:8 156:12 163:12,16 sole (2) 26:18 115:5 substantial (1) 164:13,18,20 8:21,23 spend (2) stone (1) 120:2 177:21 solved (2) 97:25 157:7 142:24 successful (1) signatures (1) 124:11,13 spending (1) stoppage (1) 12:6 135:3 somebody (3) 98:3 122:24 suite (2) signed (11) 33:24 49:2 93:21 spent (5) stopped (1) 17:7,18 24:24 58:11 62:10 someplace (2) 38:15 65:16 67:14 55:20 sum (13)

TSG Reporting - Worldwide 877-702-9580 Page 18

37:8 84:21 93:4 taken (4) 41:9 56:2 138:14 2:8 3:11 64:16 141:6 183:13 126:7,9,12 131:24 5:9 37:17 71:4 153:6 things (4) timing (1) Trump (2) 149:15,25 150:2 takes (2) 32:24 33:6 41:8,9 162:2 89:20 98:17 158:17 159:21,25 146:24 164:14 think (23) today (48) trust (1) summary (5) talking (3) 5:18 22:18 39:9 52:15 4:15,22 21:5 24:2,13 88:2 109:12,16,24 113:25 83:17 151:13 161:25 54:19 59:23 64:22 25:5 32:20 33:3,5 Trustee (2) 180:14 tandem (1) 72:10 79:6 108:11 34:4,24 41:5,6 63:7 132:21 136:19 super (1) 171:14 109:19 117:10 64:14,25 66:19 69:8 trustee's (4) 130:11 technically (1) 122:16 137:21 71:18 74:3 78:4 41:2 129:13 134:11 SUPPORT (1) 131:22 138:22,24 139:5 79:19 83:3 85:7 180:19 182:2 Technology (3) 145:25 166:3 169:7 86:14 89:2 94:21 truth (1) supposed (1) 6:14,20,22 171:24 173:7,10 106:12 108:4 34:7 76:19 tell (11) Third (1) 112:14 114:22 try (3) SUPREME (1) 9:5 19:6 34:6 68:8,10 3:5 116:11 125:24 5:13,20 168:20 1:2 75:17 88:25 97:13 third-party (1) 126:21 139:16 tub (1) sure (34) 97:16 159:14 168:3 96:6 140:22 147:16 45:3 5:7 26:18 30:13 33:20 term (3) Thomas (21) 148:11 155:9 turn (2) 33:25 63:8 64:10 121:22,23 132:11 1:14 2:6 8:16,22 158:14 162:9 15:15 37:24 75:21 79:10 85:6 terrace (22) 30:23 43:3 62:21 165:20 167:13,18 turned (1) 89:8 103:19,24 17:10 37:9 43:23,25 66:13 83:8 106:20 175:15 176:13 40:22 106:16 107:6 108:8 44:13 55:17 59:25 114:9 126:19 135:5 178:4,6 turning (1) 111:8 115:11 73:20 74:7,19,22 137:4 140:12 today's (4) 19:22 120:16 123:14 75:8,19 76:16 77:13 176:10 178:13 24:22 32:14 63:12 Twice (1) 126:22 138:15,16 80:4 83:11,18 86:10 179:4 183:10 184:5 82:2 64:17 143:10,22 145:14 86:12,24 106:20 184:20 told (5) two (32) 148:23 150:22 terraces (4) thought (4) 19:4,6 32:12 90:15 11:24 19:24 29:10 160:15 161:20,22 35:23 37:24 59:18 60:10 87:14 149:16 128:12 44:2,3,5,20 45:8 161:24 170:2 177:2 86:11 166:7 ton (1) 52:13 53:12,14,17 switching (1) terrible (1) thousand (1) 17:14 53:20,23 54:4,15 54:6 111:23 160:10 top (6) 78:18 82:6 89:4 sworn (4) test (2) three (7) 102:4,5 117:9 134:25 97:18 98:24,24 4:3 126:19 178:15 101:19 131:5 11:24 38:4,8 115:5 160:23 163:20 110:18 111:14,18 183:12 tested (1) 121:2 146:7,9 total (10) 113:15,24 136:11 symbol (2) 115:7 tile (4) 40:4 93:4,7 108:5 148:13 160:11,19 54:14,15 testified (7) 45:10 50:18 51:13,17 112:21 120:17 169:16 symbols (1) 4:4 46:8 122:4 123:17 tiles (5) 135:17 136:7 two-sided (1) 15:24 124:5 165:20 46:9,10,14 50:22 153:10 174:10 155:13 system (2) 167:18 51:17 Town (1) types (1) 168:6,7 testimony (15) time (55) 172:19 140:18 Systems (3) 10:9,12 43:10 44:6 4:18 11:8,11 14:18 track (5) typical (2) 167:7 175:11 181:13 93:2 94:21 122:10 27:8 30:19 37:18 40:20 41:11 67:8 88:21 151:21 123:9 152:2,5 38:9,15 40:13,20 70:18 80:18 typically (4) T 153:17,20 165:19 50:23,25 51:3 53:8 training (2) 93:3,5 94:3 139:22 T (1) 168:8 183:13 53:10 63:9 67:5,8 6:4,7 4:2 thank (12) 67:14,21 70:18 transactions (3) U table (1) 4:17,20 20:4,11 21:19 80:18 84:4,8,15,20 117:16 118:10,25 Uh-huh (7) 130:18 33:10 43:9 56:8 85:5 89:2 91:15 transcription (1) 54:12 60:20 98:10 take (20) 70:8 72:17 125:7 96:14,17 98:2,4 184:8 102:13 112:10 5:9 9:10 14:11 22:22 178:6 101:6 105:11,13,18 transmittal (6) 122:17 127:12 23:4 24:7,10 28:11 thanks (2) 106:23 111:15 33:22 62:21 64:12 umbrella (1) 30:20 62:23 71:3 9:8 99:25 114:11,17,18,24 81:11 179:13 180:3 121:22 90:15 103:24 theory (1) 115:16 123:23 Trevor (1) unauthorized (4) 126:13 129:14 96:12 130:3 131:10 144:8 89:21 73:20 74:7,9 77:13 132:2 143:23 they'd (2) 149:16 162:15 tried (2) Uncollected (1) 144:13 149:17 92:9 152:17 167:20 178:3,6,10 37:11 84:18 135:12 156:10 thing (3) times (4) true (1) underneath (1)

TSG Reporting - Worldwide 877-702-9580 Page 19

141:23 172:18 165:12 166:11 windows (7) 173:8 174:20,21,24 understand (5) violation (2) 183:18 167:25 168:25 169:3 175:2,23 5:12 73:2 76:21 79:22 179:24 website (1) 169:14,15 170:12 worked (15) 154:13 164:8 Vitacco (1) 64:5 172:17 7:9 25:25 26:20 27:18 understanding (2) 49:2 Wednesday (1) withdraw (2) 30:7 34:21 39:20 34:25 35:5 Vitacco's (1) 1:16 22:20 111:24 45:10 89:5 116:4 understood (7) 60:11 weeks (1) withdrawn (8) 140:4,7 173:3,5 5:17 34:8 90:11 volunteered (1) 145:25 45:6 89:6 92:12 177:17 100:21 122:11 90:19 WEIL (1) 105:12 111:14 working (8) 123:2 129:21 3:15 149:22 170:18,25 4:20 9:22 48:17,22 undertaking (1) W Weisberg (4) witness (44) 66:25 80:4,9 169:12 87:14 wall (12) 26:17,19 27:16 66:25 4:2 19:12 30:17 33:8 worry (1) undertook (2) 75:7,9,19 76:22 Weisberg's (2) 33:18,21 34:6 39:3 97:7 75:6 113:22 130:16 155:12,13 29:3 57:12 52:13,17 62:9 67:19 writes (3) Unfortunately (2) 167:7 168:5 169:13 welcome (3) 68:5,10,21 69:25 70:10 75:24 83:6 87:25 131:7 175:10 181:13 56:9 101:8 125:8 70:6,25 79:8 87:6 written (1) unit (3) want (31) well-written (1) 92:5 96:18 103:21 145:19 16:10 78:12 82:7 4:16 11:17 14:4 19:17 118:2 107:14 111:7,11,22 wrong (2) United (2) 21:17 22:18 23:16 went (9) 121:5 143:18,22 54:19 152:7 101:11,12 34:6 51:14 67:19,22 6:13,13 7:16 55:12 145:18 165:14,18 unregistered (2) 78:25 93:22 96:24 63:14 91:11 95:8 166:16,21 171:23 Y 28:4 29:18 97:5,25 105:10 115:11,13 172:2 178:7 179:3 Yeah (4) unrelated (1) 121:18,22 125:11 West (11) 182:4 183:10,14,20 34:14 75:21 98:6 96:16 131:5 136:4 137:16 31:4 110:5,6,8,9 184:5 120:16 updated (1) 138:13 142:25 112:4,7,15,19,25 wood (9) year (26) 17:8 150:10 152:7 113:8 75:7,9,12,15,19 76:15 6:17 12:8 22:6,7,11 upfront (1) 161:19,24 168:20 we'll (5) 76:16,17 157:22 61:19,23 80:11 12:4 174:2 24:10 30:20 46:7 word (3) 104:9,13,17,17 upgrade (16) wanted (6) 143:23 156:10 39:9 54:24 128:13 117:6 120:13,23 148:14,15,18 149:4,8 35:20 36:19 111:7 we're (7) work (102) 123:10,11,13 124:7 149:23 150:24 115:11 130:18,19 27:9 105:6 118:24 6:8 7:5,8 13:4,8 17:9 124:17,19 127:24 151:10,12 152:2,14 wanting (1) 124:13 161:25 17:12 33:7,9 35:15 128:15 143:25 153:9,15,19 154:19 163:3 162:6 172:6 37:20 38:6 39:17 157:8 162:16 166:6 warehouse (1) we've (2) 43:24 45:14,17,21 years (24) upper (2) 42:14 71:2 149:18 45:24 47:4,11,17 7:14 12:13,19,22,24 10:2 146:16 warranted (1) whereof (1) 49:4,7 50:4 51:5,23 26:2 65:16 92:8 use (3) 133:15 183:20 53:25 54:3 55:4,7 99:18 104:13,15 45:13 121:21,23 wasn't (6) Whichever (1) 57:20 59:5,7,12,17 105:6 116:19 usually (5) 27:21 32:13 36:23 123:13 59:18,18 60:10 137:13,20 147:5 22:6 47:23 118:8 88:11 111:9 115:11 white (1) 61:18,19 68:3 74:13 148:22 162:6,6,7,15 146:24 170:12 waste (1) 55:2 74:16 76:10,10 168:20 170:5 173:6 utilize (1) 96:14 wife (2) 79:22 80:10,11 84:5 year-to-date (1) 175:22 wasting (2) 49:19 50:12 84:21 87:11,13 89:7 103:13 53:8,10 William (1) 89:9,13,17 90:2,13 yesterday (2) V watch (1) 49:2 90:19 91:2,17,21,24 64:19,23 v (2) 75:13 willing (1) 91:25 94:23 102:18 York (62) 1:6 184:3 water (1) 12:4 104:3 118:16,18 1:2,3,7,15,15 2:8,9,12 varied (1) 45:3 window (25) 133:7,20 136:25 3:6,6,12,12,17,17 8:10 Wausau (5) 9:23 92:7 137:8,11,16 137:22 138:23 5:23 6:5,14,20,21 various (3) 167:6 168:4 174:14 157:22 165:16 139:22 140:24 7:11 15:19 27:12 63:14 71:14 130:15 175:10 181:12 167:6,19 168:5,5,7 142:20,21 145:8 31:5,5 37:21 89:18 Vassar (2) Wausau's (1) 168:17,23 169:13 152:3,11 156:7 101:13 112:20 6:13,15 168:17 170:15 171:9 172:2 158:3,20 160:18,24 137:2,22,24,25 Vice (3) way (9) 172:9,12 173:18 161:4 162:3,4,10,12 138:5,10,11 139:3 163:25 164:23,25 16:10 21:16 24:12 174:7,11 175:10 167:24 169:23 140:24 142:2,8 Village (1) 102:3 125:18,19 181:12 171:14,17 172:12 146:14 153:14

TSG Reporting - Worldwide 877-702-9580 Page 20

154:7 156:8 159:7 107:17 000052 (1) 10th (1) 12 (18) 167:8,8,20,25 $4,000 (4) 179:19 83:22 22:10 40:5,10,14 168:11,11,18 137:21 151:14 153:21 000053 (2) 10,000 (1) 51:12,12,15,15,16 169:17 171:12 154:19 86:2 180:9 157:8 51:16,17,17 81:8 173:14,19 174:8,12 $400,000 (2) 0020 (1) 10/21/09 (4) 116:12 117:7,8 176:20 183:3,5,8 130:14,18 61:14 81:19 86:19,20 168:19 180:3 184:3 $462,500 (1) 07 (7) 179:24 12th (2) 142:18 114:4 122:16 125:15 10/22/09 (1) 22:11 146:19 Z $5,000 (12) 125:16,20,21,23 87:21 12-story (1) zero (9) 58:17 72:2,5,12,14,19 08 (2) 100 (3) 112:18 110:5,6,13,13,15 72:21 73:3,7 92:17 22:7 63:15 55:19 138:14 161:20 124 (2) 112:5,11 113:17,17 92:22 120:21 0811 (1) 10017 (1) 132:17 136:16 zoning (2) $5,173.28 (1) 23:7 3:6 124th (7) 92:10 128:9 112:7 0812 (9) 10018 (1) 110:6,9 112:7,19 $5,500 (2) 21:13 22:2 23:7,10,15 31:5 122:15 123:18 $ 73:5,9 23:20,24 80:24 10036 (1) 125:12 $1,153,155 (1) $50,000 (5) 144:18 3:12 125 (1) 104:10 108:6 131:25 173:23 09 (1) 10153 (1) 180:17 $1,181,720.52 (1) 173:24,25 126:2 3:17 127,702 (1) 102:16 $55,000 (13) 1049 (52) 136:17 $1.5 (2) 59:2,13 60:12,25 61:5 1 14:2 21:3 27:8 30:8 129 (2) 130:13,18 61:8 73:4,7,8 1 (31) 32:5 33:13 35:12,15 180:19 182:11 $100 (2) 108:12 149:13,15 13:22 14:13,14,14,21 36:5 40:21 42:9 13 (7) 29:2,5 165:23 15:22 16:5 18:11,15 44:17 45:17 47:14 82:17 83:5 84:2 85:2 $125 (1) $7,500 (2) 18:20,25 19:18 20:6 48:8,12,15,20 49:8 92:8 179:9 180:5 29:8 92:18 94:25 20:8 21:17 38:3,3 55:9 56:14 58:15 13th (1) $130,000 (1) $700,000 (6) 54:8,24 58:6 64:4 59:11 71:24 81:12 129:15 135:25 120:13 121:11,14 81:25 86:14 91:21 82:8,22 86:2 89:13 130,000 (2) $130,202 (1) 122:12 126:10 102:4 112:11 90:3 92:15 94:23 136:5,7 135:17 128:11 135:13 144:14 99:4,8 102:19 133:8 130,202 (1) $15,000 (1) 155:4 179:9 184:7 165:22 174:22 136:16 93:13 0 1st (6) 175:2 179:12,13,15 134 (1) $2,316,231.40 (1) 00 (1) 73:18 74:11 160:5,6 179:16,18,19,21,23 180:20 103:15 87:2 163:7 183:21 179:25 180:4,6,7,9 135 (1) $2,500 (3) 000001 (1) 1.153155 (1) 106 (1) 31:4 92:24 94:4 135:24 179:23 123:3 180:12 139 (1) $2.3 (1) 000008 (1) 1.5 (1) 108 (1) 180:22 121:11 179:25 130:20 180:14 14 (5) $200 (1) 000010 (1) 1/2/02 (1) 11 (14) 85:10,12 180:7 158:5 179:21 167:15 40:18 42:13 56:14 182:12,13 $200,000 (3) 000011 (1) 1/4/10 (1) 61:25 62:2 79:13,15 14th (1) 153:15 166:2,12 179:12 180:4 102:9 105:13 77:12 $202,500 (1) 000043 (1) 1/4/2010 (1) 119:23 129:22 142 (1) 159:21 180:4 81:20 130:4 179:24 180:24 $214,809 (2) 000045 (1) 1/5/10 (1) 180:10 143 (1) 153:11 158:18 180:6 180:7 11th (4) 182:12 $250 (1) 000046 (1) 1:50 (1) 101:17,20 109:21 145 (1) 71:10 180:7 108:20 147:10 182:12 $3,000 (4) 000048 (1) 10 (25) 11/10/09 (2) 147 (1) 137:21 151:14 153:21 179:13 8:10 58:17 64:20 72:5 83:8 87:22 181:3 154:18 000049 (1) 72:6,19,21,22 73:7 11/22/09 (1) 148 (1) $30,000 (1) 179:15 77:8,11,15 78:7,24 180:5 181:5 152:19 000050 (1) 104:24 105:4,15 11:25 (1) 15 (8) $300 (2) 179:16 109:5,6,24 116:18 2:3 85:25 87:16 88:4 89:3 29:23,24 000051 (1) 124:6 142:12 144:6 114 (1) 112:11 180:8 $37,910 (1) 179:18 179:22 180:16 182:10,12

TSG Reporting - Worldwide 877-702-9580 Page 21

154 (3) 37:25 38:8,16 43:7 83:19,22 84:9,25 270 (4) 10:2 62:18,24 65:25 181:6 182:13,13 44:16,21 46:6 47:5 91:18 101:17,21 110:6,9 112:7,19 134:11,16 158:9 156 (2) 47:18 49:5,9 50:5 103:13 109:17,21 28 (5) 179:4,13 182:14 182:14,14 50:24 51:19 52:9 110:20,24 111:12 56:14 157:15,17 4th (2) 157 (1) 57:22,24 58:11 112:22 113:22 179:12 181:8 81:12 82:12 181:8 75:16,18 81:25 114:2 115:21 29 (4) 4.1 (1) 158 (1) 86:14,16 87:5,17 120:14,15,18,23 158:6,8,25 181:9 159:20 181:9 91:21 112:2 144:14 121:15 122:13 29th (1) 4:07 (1) 159 (2) 144:15,15 157:19 123:12,17 124:14 66:14 178:10 181:11 182:15 160:4 166:6 179:10 2010 (16) 40 (1) 16 (11) 182:14 184:7 38:18 39:9 40:13 3 169:7 95:13 100:22,23 2B (1) 81:12 82:12 85:14 3 (9) 40-story (1) 102:11 113:13,14 72:14 106:7,17 115:19,20 56:10 72:14,15 93:20 121:9 166:9 180:10 2,500 (3) 116:17 126:20 101:19 152:13 400,000 (1) 182:11,15 113:5 135:19 136:16 127:19,20 128:17 158:9 179:11 130:20 16D (1) 20 (6) 135:13 182:11 184:8 4095 (1) 166:4 125:9 126:18 151:22 2011 (5) 3rd (3) 144:9 16DE (3) 151:23 180:17 128:17 129:15 130:8 71:23 155:3 176:11 44 (1) 155:3 157:19 165:25 182:13 131:2,3 3,508.64 (1) 180:4 16th (15) 200 (7) 2013 (5) 150:14 444 (2) 25:13 148:15,18 110:5,8 112:4,15,25 1:16 2:2 162:8 178:17 3.1 (1) 167:7 175:11 150:24 151:10,13 113:8 160:10 183:21 160:4 445 (15) 152:2,6 153:9,19,23 200,000 (1) 202,500 (2) 3/27/13 (1) 139:9 142:13,21 161:17 163:8 166:6 166:22 156:21 158:18 184:4 143:8,13,21 144:2 166:8 2000 (1) 21 (8) 30 (13) 145:8 148:7,19 167 (1) 137:15 79:16 129:10,12 38:4 93:19 113:13,14 149:24 155:2 156:7 181:12 2001 (1) 132:4 134:12,14,24 120:6 123:3,19,25 157:18 163:9 17 (4) 137:15 180:19 124:16 159:3,5 45 (6) 61:17 106:3,5 180:12 2002 (6) 22 (5) 181:11 182:10 64:19 109:25 110:4 17th (1) 137:15 167:21 169:23 132:2,8 134:8,10 30th (2) 113:13,15 116:10 126:20 172:14 173:4 180:20 71:8 83:10 48 (1) 175 (1) 176:11 22nd (2) 301 (1) 181:11 181:14 2007 (11) 82:20 109:17 181:10 176 (1) 105:2 126:16 128:18 23 (6) 31 (7) 5 181:16 146:19 148:8 155:3 139:6,8 142:16 144:7 113:13,14 167:3,5 5 (15) 18 (4) 155:4 160:6,6 163:7 146:14 180:22 168:10 181:12,15 66:12,13,15 70:9 108:21,24 113:25 181:5 24 (8) 31st (1) 104:21,22,24 105:3 180:14 2007-2008 (1) 142:10,12,17 144:7 62:22 105:15 113:12 19 (5) 149:20 146:12,17 180:24 32 (3) 119:24 124:6 114:5,7 117:7 179:10 2008 (43) 182:10 175:7,9 181:14 134:24 158:9 180:16 22:8,13,23 25:13 26:4 24th (4) 33 (5) 179:14 1982 (1) 26:6 28:6,22 29:3,6 31:13 139:11 143:3 176:2,3,5 181:16 5th (1) 7:9 29:21 30:7,12,13 144:5 182:11 85:13 1989 (1) 31:2,6,14 32:4 34:9 25 (6) 33rd (1) 50,000 (1) 7:18 34:16 35:16 37:15 40:7,10,11 147:6,8 116:23 174:5 1995 (1) 39:13 44:10,14 181:3 36th (2) 55,000 (2) 6:2 62:22 66:7,14 69:6 26 (4) 31:4 116:23 60:8 150:4 1997 (8) 69:16 70:14 71:8,23 148:4 153:8 166:6 37,910 (1) 56 (1) 7:25 8:12,25 9:13 76:9 91:19 104:10 181:5 107:19 179:11 10:7 11:3,18 12:11 122:19,25 128:20 26th (4) 370 (1) 57th (7) 139:11 143:3 144:5 76:3,9 106:7,17 115:15 110:5,9 112:4,15,25 2 147:10 27 (4) 39 (3) 113:7,8 2 (48) 2009 (36) 1:16 2:2 154:23 181:6 102:24 103:5 121:10 570,000 (1) 15:8,9 19:15,18 20:5 73:18 74:12 75:4 27th (5) 149:4 20:9,12 25:11 27:9 77:12 79:16 80:6,15 66:7 69:5,16 70:14 4 58 (1) 27:19 30:22 31:8 80:19,25 82:20 116:22 4 (10) 16:3

TSG Reporting - Worldwide 877-702-9580 Page 22

58,508.64 (2) 94:23 99:8 106:25 144:6 179:20,25 150:4,21 107:5 9/22/09 (1) 59591 (1) 7th (3) 180:14 1:25 16:11 113:7 115:15 9/3/08 (1) 7/1/09 (1) 179:19 6 179:20 94 (1) 6 (13) 7/29/08 (1) 7:4 57:23 61:15 69:2,3 179:14 95 (1) 113:14 117:9 7/31/08 (1) 180:10 119:24 127:5 158:9 179:13 99 (1) 158:17 179:16,23 71 (2) 84:21 182:10 179:17,19 6th (1) 73 (1) 91:8 179:20 6/16/2008 (1) 767 (1) 144:20 3:16 6/24/08 (2) 77 (1) 31:9,13 179:22 6/27/08 (1) 79 (1) 179:16 179:24 6/3/02 (1) 181:16 8 6/30/08 (1) 8 (3) 179:17 71:20,22 179:19 60 (7) 8/11/08 (1) 8:10,10 78:12 109:25 181:3 109:25 110:4,13 8/14/09 (1) 61 (5) 179:22 102:5,9,25 103:5 8/16/08 (1) 121:10 25:11 62 (1) 8/25/08 (1) 179:13 148:9 630 (1) 8/25/2008 (1) 3:5 148:8 64,000 (1) 80th (15) 172:17 139:9 142:13,21 650838/2012 (1) 143:8,14,21 144:2 1:5 145:8 148:7,19 66 (1) 149:24 155:2 156:8 179:14 157:18 163:9 69 (1) 80-A (1) 179:16 16:3 81 (2) 7 6:18 180:3 7 (12) 82 (1) 2:8 3:11 71:5,7 180:5 115:14,18 129:22 82nd (2) 130:3,5,10 132:3 167:7 175:12 179:17 85 (2) 7C (23) 180:7,8 16:11 33:14 35:15 86 (1) 55:9 56:23 58:23 6:22 59:11 61:22 67:3 69:12 71:24 74:14 9 81:13 82:7,22 84:10 9 (6) 87:12 89:14 92:16 73:15 75:25 139:10

TSG Reporting - Worldwide 877-702-9580