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Deposition of Gary Null, Febuary 15, 2001

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Deposition of Gary Null, Febuary 15, 2001 Condenselt!™ Pagel Page 3 l SUPERIORCOURT OF NEWJERSl!:l:' LAWDIVISION - MIDDLESEXCOIINTY l I N D E X 2 DOCKETNO. L-6294-00 2 3 3 - - - -- - - - - - ---- -- rj 4 WITNESS DIRECT CROSS RE-DIR RE-CROSS 5 5 Gary Null s r 6 I.JNIVERSALPROTEIN SUPPLEMENTS CORP., d/b/a IINIVERSAL 6 ( LABORATORIES,INC.. A New Jersey: Corporation, 7 8 Plaintiff, e 9 9 10 - V - DEPOSITIONOF: 10 ll GARYNULL ll 12 GARYNULL and GARYNULL & 12 13 ASSOCIATES,INC., 13 14 Defendants. l4 15 ------- - -- - - 15 16 l 7 Transcript of proceedings taken on Thursday, 16 18 February 15, 2001 at 10:00 a.m. at the office of l 7 18 19 Feldman & Fiorello, Esqs., 65 IUllowbrook Boulevard, 20 Suite 401, Wayne, New Jersey 07470. 19 21 20 22 21 23 22 24 23 25 24 25 f' ( . Page 2 Page 4 A P P E A R A N C E S EXHIBITS FOR ID. DESCRIPTION PAGE 2 For the Plaintiff: YANl<OWITZ,GOLDSMITH & 2 P-l Invoice f76384 5 ... 3 SAYERS, P.A . r Richard Goldsmith, Esq. SY: 3 P-2 Invoice f76385 5 293 Eisenhower Parkway Suite 170 4 P-3 Invoice t76476 5 5 Livingston, NJ 07039 5 P-4 Invoice f76593 5 6 6 P-5 Invoice f76622 5 For the Defendant: FELDMAN& FIORELLO, ESQS. BY: William A. Feldman, Esq. 7 P-6 Invoice 176702 5 e 65 Willowbrook Boulevard Suite 401 e P-7 Invoice *76737 5 9 Wayne, NJ 07470-7007 9 P-8 Invoice #76833 5 10 10 P-9 Invoice t2940 5 11 11 P-10 Invoice #4572 5 12 12 P-11 Invoice f77094 5 13 13 P-12 Invoice f77320 5 14 14 P-13 Invoice 5 15 f5469 16 15 P-14 Invoice f77388 5 l 7 16 P-15 Invoice #774 78 5 18 17 P-16 Invoice f6005 5 19 18 P-17 Invoice #77546 5 i~(, 20 19 P-18 Invoice t77725 5 21 20 P-19 Interrogatories 15 22 21 P-20 Order 20 r. 23 22 24 23 25 24 EXHIBITS FOR EV. 25 NONE Page 1 - Page4 Condenselt! ™ Page 5 Page7 \ 1 (At which time the documents were marked) 1 A. I understand. 2 Gary Null, N-U-L-L, sworn by the Notary Public, 2 Q. Your attorney is here. However, he's 3 testified as follows. 3 limited under the New Jersey Court Rules as to what 4 DIRECT EXAMINATION 4 he can or cannot do during the course of this 5 BY MR. GOLDSMITH: 5 deposition and I'm certain that he has told you that 6 Q. Mr. Null, my name is Richard Goldsmith. 6 once you are sworn you cannot confer with him. 7 I'm an attorney. I represent the plaintiff in this 7 A. Correct. 8 action, Universal Laboratories, who is suing you and 8 Q. Can you tell me how old are you? 9 a company known as Gary Null and Associates for the 9 A. Fifty-six. 10 collection of, approximately, $288,000 for 10 Q. Do you have any picture I.D. that can 11 merchandize produced for you and Gary Null and 11 identify yourself as Gary Null? Well, this is scary, 12 Associates. Are you aware of that litigation? 12 but it's a driver's license, Florida, Class E, 13 A. Yes. 13 indicating a Gary M. Null at 650, 25th Street, 14 Q. Have you had your deposition taken before 14 Southwest Naples, Florida 34117, birth date 1/6/45, 15 in any action? 15 height 6' 1. It has not expired. License number 16 A. Yes. 16 N400293450060. This is your driver's license, Mr. 17 Q. Approximately, how many times? 17 Null? 18 A. Memory serves me correctly, twice. 18 A. Yes. 19 Q. What kinds of actions were those? 19 Q. Is that the only driver's license that you 20 A. A real estate dispute in Texas in 1990. 20 have? 21 Q. The two times that your deposition was 21 A. Yes. 22 taken was in that particular action? 22 Q. Can you tell me where do you reside? 23 A. That was taken in that action and also in a 23 A. My permanent address is in Florida at 650, 25th 24 personal injury suit in New York. 24 Street." 25 Q. Those are the only times you've ever had 25 Q. Do you also have a resident in New York ( . Page6 Page 8 1 your deposition taken? 1 City? r~ 2 A. To the best of my knowledge. 2 A. Yes, 225 West 83rd Street, New York 10024. 3 Q. I'm certain that you've had an opportunity 3 Q. What is the telephone number at that 4 to confer with Mr. Feldman before this deposition; is 4 address? 5 that correct? 5 A. (212) 724-1378. 6 A. Yes. 6 Q. How much of the year do you reside in New 7 Q. I just want to be certain that you 7 York City? 8 understand that this is a discovery proceeding 8 A. Approximately, four months. 9 pursuant to court rules. It is not a trial. There 9 Q. The other eight months of the year? 10 is no jury. There's no Judge. The format is that 1o A. In Florida. 11 you are sworn to tell the truth. You understand 11 Q. Did you have a business operation located 12 that? 12 in Florida? 13 A. Absolutely. 13 A. My business is in New York. 14 Q. I will ask you questions and I want you to 14 Q. Is in New York City? 15 answer those questions to the best of your ability. 15 A. Yes. 16 Do you understand that? 16 Q. What is your role in the business? 17 A. Yes, I do. 17 A. I'm the CEO. 18 Q. If there is any question that I do ask you 18 Q. Can you tell me what is the business that 19 that you do not understand, I want you to indicate to 19 you are in? 20 me that you do not understand the question. 20 A. The business is involved in the dissemination of 21 A. Correct. 21 health information and product to the general public, 22 Q. If you do not indicate I understand that, 22 Q. Is this a profit or nonprofit business? 23 then it will be assumed from a reading of the 23 A. Profit. 24 transcript at a later time that you did understand 24 Q. Does it involve the sale of any goods? 25 the question? 25 A. Yes, sell vitamin supplements, books and audio Page 5 - Page 8 Condenselt! ™ Page9 Page 11 1 tapes. 1 litigation? 2 Q. I would like to ask you to keep your level 2 A Yes, his name is Gary Krupp. 3 of your voice up so that I can hear you clearly, your 3 Q. K-R-- 4 attorney can hear you clearly and the court reporter 4 A U-P-P. 5 can hear you. 5 Q. Who is he? 6 A Fine. 6 A. He is the coo of our company. 7 Q. When did you begin to conduct the business 7 Q. Would you please clue me in on COO? 8 of the sale of various food supplements and vitamins? 8 A The chief operating officer. Corporate 9 A. Approximately, 15 years ago. 9 operating officer. 10 Q. So, approximately, 1985; is that correct? 10 Q. Did you speak to him in regard to this 11 A. Yes, in that vicinity. 11 deposition? 12 Q. What was the location of your business at 12 A No. 13 that time? 13 Q. You just spoke to him in regard to this 14 A. My location then was 200 West 86th Street, New 14 case? 15 York, New York 10024. 15 A. Yes. 16 Q. Is that different than your present 16 Q. Is there any other individual that you 17 location? 17 spoke to in your company or an associate of yours in 18 A Yes, my present location is 139-141 Franklin 18 regard to this case? 19 Street, New York, New York 10013. 19 A. No. Not in any specific way. Anyone as far as 20 Q. When did you move to that address? 20 knowing that we had a case might have been collecting 21 A. Approximately,seven years ago. 21 information on _thecase. There is a Joseph Chunga. 22 Q. Is there a warehouse there? 22 C-H-U-N-G-A. 23 A. Yes, there is. 23 Q. What is that person's title? 24 Q. About how many square feet do you lease? 24 A He's comptroller. 25 A Approximately,4500. 25 Q. Are there any other persons that you had Page 10 · Page 12 1 Q. Approximately,how much merchandise do you I discussions with concerning this case? 2 inventory at any given time there? 2 A. Not any actual discussions I'm aware of. 3 A. Approximately,$250,000 at the high end. 3 MR. FELDMAN: Excuse me. If I can just 4 $100,000 at the low end. 4 interrupt, is Chunga with an A or O? 5 Q. Before coming here today, can you tell me 5 THE WITNESS: A. 6 what did you do to prepare for the depositiontoday? 6 Q. All right. I'll correct that. So other 7 A. Nothing. 7 than your attorneys, the only individuals you've 8 Q. You didn't speak to anyone? 8 discussed any aspect of this litigation, this claim, 9 A.
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