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MARCH 3, 2005

Richardsís deposition

Stenographerís last name is Nuchio... Sheís Italian ancestries well.

Questions asked:

Documents concerning checks... Heís wearing glasses for reading now.Compellation of checks wrote inthe year 1998

 

Why did you prepare this compellation.

Prepared for the litigation.

Does this relate to your counterclaims?

Yes... It relates to expenditures.That I think he owes me.

Di you ever have a discussion as to weather these were loans or gifts.

no

Checks to VC

No entries

2nd floor

Maintenance 5th floor

payment to 547 Broadway inc

There were either loans of gifts to Victor?

OBJECTION

YOU may answer

payments with respect to the 5th floor

Rosen:do not answer... the court will decide

none of these were payment to v

mercer st 1994

Entire floor

2200 per month

 

The total amount

I don/t know

October 1998

 

were you paying

All of the payments??

were you paying the maintenance to the mercer st side?

I was paying maintenance to the mercer st side.was victor living there?

no

was anyone living there>

Joseph Gonzalez

Let me caution

ití/s tacky to question in the middle of an answer.

clarify who was living n the mercer st

I was living there

Joseph g was there half the time

Does victor owe you money for the mercer st side?

Objection

No

Do any portion of the 11000

What is your claim to what victor owes in 1998

No claim

vc insurance

health insurance payment

there were the multi polices?

Before I met him.(was through random house)

 

Cobra payment ability to keep insurance in full effect.

Did you discuss this with vc

 

Don?t recall

840 loft insurance

what was insured

contents of the loft

Broader... general apartment policy

Covered entire floor

vic an i were named

Total premium paid in 1998

I donít know

At leas the 840.

is it your position that vc owes you 100 in 1998

no

how much does he owe

either a gift or a loan

Erica Bell was a lawyer who i retained...

1000 check to Erica bell...

does victor owe

no

Error in putting check in documents

masc 1000

what does that relate to?

the Erica Bell check...

that doesn/t belong here

general unwilling of v to terminate the rel

not a gift or a loan?

yes

1000 check to Princeton

 

more errors

 

Objection to your claim

there nothing erroneous to that being a document

its an error

exhibit 5

Bates 262-279

compellation of 1997 checks that relate to money expended on victor

were these either gifts or loans to victor?

Objection

Do you want him to go through each/

 

Yes thatís what we are here for

which ones are not gifts or loans>

the expenses the ones that are my benefit would not be gifts or loans

I lived on the fifth floor with respect to me were not gifts or loans

Anything else?

Cash withdraws 19,507.

What is this

When i made the withdraw I gave them to victor

I got the cash from cash withdraws

I would have no claim because that would mean he has equal amount.

What is your claim

Did you give 19,000 to victor?

I donít know

These cash payments 241,000from 1984-96

I believe that was amended 1996-98... we can check the court order if you like

Is it your contention that the court amended your

Lets look at the court order

 

do you have a copy of the October order handy?

I?m not sure...

that?s why I wanted to check...

 

Were on the record

October 98

 

whispering October 2004 is the date... sorry... I found it

ok.... I see where my confusion was.. the check include ?????

so set aside the 1997 cash withdraws

Can you tell me what that was about?

Shuffles papers for an extended period...

Excuse me there are pages missing

sorry for the error

There payments relation to the mercer st loft

Why are you claiming

 

No i am not claiming

This should not be included

no

100 to Dr. Aycock, MD.

 

She was a couple?s councilor

I paid for it.

There?s also cash payments to her.

It was a gift or loan

He should have paid half.

I paid all.

What was my understanding as to what is a gift or loan.

He owes me half.

What was your claim

He asked.I paid for it... I didnít want it... he

Terry Porter check... 6627.98

Porter clap

You had already moved out at that time.

Who had retained that firm?

I donít recall

Was he a friend of yours/

No

Was the work ever done...

yes the architectural drawing were created.

 

Were they ever used?

i have no knowledge..

When were you last in the loft

Years and years and years ago.

Is it your claim that Victor owes for the archetectual drawing?

There were to the benefited to the Broadway side?

I donít know either 50 or 100

 

Do you know what happened to the drawing>

No

Did you ever ask victor to vacate the Broadway side so the work to be done

Did you ever discuss the 95-96 architectural drawing...

the Broadway side should be done

Don?t remember who retained the arch..

 

Loft insurance.

Do you know if it covers Victor and Mercer

Yes

Do you know if you paid any other premiums?

I donít know

Did this cover the mercer St?

Is there any way to lower the temp in the room

 

Yes

Con ed

Amounts paid to con ed

You have service on the mercer street side?

 

yes

you moved out in 96

Did you take your name off?

yes

donít recall

do you know what of any portion

Relate to mercer and Broadway

 

23000 credit cards

Those are credit card payments.

Are they all yours..

Did you use them for personal use?

There was a i time that you gave Victor cards

Do you know when you canceled the cards

In 97 0r 98

Do you have any basis what part relates to your use for your purposed>

22957

no

what is your claim to your portion gift or loan

To his benefit

I donít know

Is there any way to determine what this might be

Telephone

1,124.

I take it you had a phone in Mercer

Does this include the mercer St

Yes

After you moved out did you take your name off the Broadway side>

Do you have ay knowledge what is your use?

No

Unless victor knows

Some of this 15,000. relates to your occupancy of the mercer st

Checks to vc 4,550.

Object to the compound question...

Do you recall issuing do you know if any of them were loans.

he hasn?t answered

i have no further answer

550 march 1997

 

do you have any recollection of that?

no

500 June 97... any recollection of those?

They are on the missing page

The final 2,500 checks in June?

I takeit it is your position the checks are loans 4550 by means of the checks... does he owe you the amount

I donít know

If there be gifts what are you seeking?

I donít know

If you gave victor 4500 what is the basis of he owing anything>

 

Under the memo gifts to victor where jointly given... he owes me half...

Dinner 100 for dinner does he owe you 50?

Objections

Did you ever buy dinner?

Were they gifts?

Yes

 

Does he owe you anything?

Yes 50%

1997 surviving docs

Which ones involve joint expenses?

The maintenancetelephone coned loft insuranceloft renovations and misc

Rosen?s letter to victor 2002

You earlier testified that you had read this

I have to call your attention these loans are not for the joint expenses of 547 and thus are not covered by the 83 agreement

What was being referred to as not joint expenses?

Did you ask Rosen about what he meant?

Objection..

Don?t answer what was said between your lawyer

 

You were referring to paragraph 4 of the 83 agreement

No

Paragraph 2

Checks to vc...

 

They were given

Yes

Checks for maintenance...

They were paid on his behalf

Payable to 547 Broadway

They were not given to victor

None of the checks were given to victor

Objection.

Impossible to answer

Paid for his benefit

Con ed

Insurance

Loft renovations

We are going to have to amend the claim

I understood

19,507

What part was given to victor?

It is a similar exhibit

Compilation 96 payments check to

According to this 3 1000 checks/

Do you recall giving them

Yes

Is there any documentation suggesting that they are loans

Just the canceled checks

Feb 96 dummy

It was missing

It?s an estimate as to what it would have been

It?s all hypothetical

On this sheet 26,400 maintenance

The mercer st was rented out for about half

Yes the karate school

Do you know how much that was?

No

Did it exceed the carrying costs?

maintenance insurance...

I believe the rent exceeded the carrying costs/

When did the karate school move out>

August 96

 

Who received their payments?

I did

Objection

We went through this

What did you do with the check?

I deposited it in my account

Did you have more than one?

I had at least one

The rental was reported 50 50 on your tax returns

We should be able to see your tax returns how much rent you were receiving

I?ll have to look

At the same time there was rental income from the 2nd floor?

Did it go into your checking account?

No

Objection... itís not

The record that the second floor was taunting the witness that he was holding a stock certificate

Art was knocked off the wall... photo taken?

pause Upton leaves the room

With repent to the 26,000.What part does he owe your>

I donít know?

You have explored it

The portion that was to his benefit...

I donít know

In the Broadway side of the loft for most of the year

the maintenance charges were running 2200. For the whole floor

2200 for the whole floor

(Barry predicted he would loose his cool

What part is to your need?

I donít know

Some of it

How do you go about measuring?

 

Ask victor?

 

You donít mean that.

I will wait for the court to determine

When you calculate what vc owes you will you make any adjustment for the karate rent?

I donít know

 

do you have any questions about that?

I donít know

objection

No credit from the karate studio... i

I donít know

Compellation of expenses by the attached checks?

There were for victor joint of my benefit

Is there anything on here which reflects income from the karate studio of second floor

I will not permit any testify for the 2nd floor

Did you prepare the 2nd floor

Did you include 2dn floor?

Yes?

aprox how much>

Do ou have any recollections?

No

Was it equal to Victor?

Yes

2,018 for telephone?Did you use the phone>

Almost never

(lie)

Was this listed at your law firm?

Is this entire amount either a gift or loan?

A tiny amount

Credit card payments for the year

Personal credit cards

The portion that was used for his benefit?

con ed just of the Broadway side?

You used electricity>

gas stove

Your serious cook

You use gas

 

Is this included... itís not your claim he owes you 3000. For Con Ed?

I donít know

3,000.

He was there 24 hours a day except for the time he was you

Travelers 1,600

What is that

Victorís health insurance.

The loft insurance covers victors and yours

How are we going to allocate

Is yours more valuable than his?

No

Cause it was normal

2207 dec 28 1995

you have no idea why you wrote a check of 10,000 to Paul Heffe?

Are you claiming that you owe him anything on this

I donít know

It is part of the exhibit

Victor would know?

Are you claiming it?

Was it for his benefit

You donít know if it was or not

Your guessing?

I donít know what the check was for?

Do you recall reading this paragraph when you signed the agreement?

When did you become aware of the agreement?

1997

Not that I recall

Did you ever discuss this with victor?

Not that I recall

What is your understanding on join interest of something being consumed

Lets assume/

 

If victor gives you a box of candy for your birthday?

Objection

Did victor ever give you a present?

Items that he bought with my money then game to me?

Where is the jacket now?

I donít know

Is it your position that Vic has an interest in the jacket

Sometimes victor picked up the tickets

Purchased tickets with your money

possible

After you took the flight did you have an interest in

Do you recall

Camping trip to Algonquin provincial park

Did you ever travel to Toronto?

 

Did you pay for them in the first interest

you paid for the tickets

Yes

 

Does he have an interest in the tickets now?

 

I donít know what your asking

1996 in Jan you paid 221.21 to the phone company

Does victor have an interest in that money>

 

Objection

When I paid the expenses it was a gift to him

So it became joint property.

He owes me half.

I?ve already

Break for lunch...

 

In 1998 you occupied the mercer st loft

Victor the Broadway side

 

Did you occupy the Broadway side at any time that year?

The counterclaim for rents due the defendant

When did you know that victor had taken in a roommate?

I donít recall.

Did you tell him that he should take a roommate/

I donít recall

What part is not taken from the agreement

59, 60 and 61

What portion were you referring to for this position?

Paragraph 7

We were working on compellation for 96

I?m not going to talk about the cash withdraws

December of 96 was when you moved out.

Yes

Do you know when>

No

 

Did you give cash in Dec of 96 after he moved out?

I donít recall...

Did he ask...

He may have

 

From time did you give cash pay for deliveries to you at

not to my recollection

Where was your office in Dec of 96

6th Ave did you make most of these withdraws in the area of your office.

Probably

During this period of time how much cash did you personally spend.

I donít know

Do you recall making any cash withdraws on Fire Island.

I donít recall

From Florida?

Possible

Tornado

 

I donít recall if I went in 96

I may have made a cash withdraw

 

When you did give cash to victor did you recall it was a loan and have to pay it back..

I donít recall

Did you say this is a gift and you have to pay it back?

I donít recall

 

Did he buy groceries

Very little

I bought my own food (lies)

What else

sundries

I donít recall

Where they legal?

I donít recall

If he wants to he can

He does not understand.

I am going to ask him not to answer the question.

Do you buy consumable that were not eatables?

Did you by things that got used that you didnít eat...

I donít recall

Beer wine

Did you consume those?Yes along with victor

Did victor ever by beer wine or alcohol?

Usually no...

Sometimes

I donít recall... usually no

There were occasions... do you recall any instances when victor bought beer wine or alcohol.

When did you stop eating together?

Do you know the date when you stopped eating together?

Probably in the 80ís

You said you were a serious cook...

When victor was out of town.,

In 96 I recall twice

There were only 2 occasions that you cooked a dinner party that victor attended.

In the old days victor and my friend Charlie would come over often I donít recall once a month or once a week. I cooked but in the 90ís I only recall 2 occasions when I cooked for what would be referred to as a dinner party.

What is Charlie?s last name?

failmetzger

Did you hit Charlie and draw blood last summer?

No

Was there a reason why you stopped eating together... I think he stopped spending time with me.. When he stopped sleeping with me. the mid 80í

you continued to travel together... supplied him with money... is there a reason why you stopped entertaining when he was in town.. He told me not to do it.

You and Mr. Carnuccio formed a partnership at some point.

I donít recall...

approximately

I donít recall...

Was it in or about 1995

That was the first partnership

Your counterclaim that you contributed capital of at least 126,000.Do you have any docs/. there are tax returns

Are there any docs for the 126,000.Running back to 1982. it would appear in checks to victor and cash withdraws as well as maintenance and utility things which would be.

Did you prepare the tax returns.

He would give me a compilation at the end of the year.

aprix how much money did it make.

Do you have copies of the tax returns... does victor? Either victor does or I might.

You allege in your counterclaim that he breached in his best efforts to make the partnershipcommercially successful

He made pictures of fiends and models that were not saleable.

Is it your testimony that he selected unassailable models made it unsuccessful?

In part

 

He didnít apply himself in making a money

So aside from the fact that he failed

It was my observation

I observer him going out every night to the wee hours using alcohol and substances and not applying himself to making it commercially successful.

Can you be more specific?

No

Were you using any substances?

Objection

There are allegations about your client and I am instructing him not to answer.

Off the records

If your client makes any accusations believe me other things will come in

I?d like to mark the compellation 104 thru 214

You have a 1,200 check to Normal New York

What is normal NY?

It was a film company that I personally made a contribution to... do you know why it is in this compellation?

no

unclean hands

victor was bad

i want the answer... i am only cautioning that he was bad...

unclean hands?

he withdrew love and affection early on and that was the only†† abusive to my friends... he would be abusive when they called on the phone to the point... destroyed my personal property... sentimental reasons fruit bowl made out of pottery.. Some spoiled peaches... held a bowl and dropped it on the floor

At one point a friend had died and I asked if people could come over to the loft for a meal... I made a large pan of lasagna that took hours and hours to make and i wnet out to shop and when i returned the unbaked lasagna was thrown on the floor and had to

When we broke up I wanted to devide out assists equally and we hired lawyers forcing me to terminate the memorandum.There were some procedures in the memorandum that he wouldnít address in any way.. he would also during the later part of our relation he should bring sex partners home when I was asleep and I found that disturbing because I couldnít sleep while he had sex partners...

he seemed to abuse my money on frivolous money that were of no use to me... so that no matter how much money I made it was never enough.... I had no saving even though we had been had consumed all that i had earned.

That is only the beginning but I prefer not to go on

He didnít receive phone messages... I heard from friends that why didnít you return my call...

The 1970ís, 80ís and 90ís

So this is something that continued for over 20 years.

Yes

No this practice in not conveying messages effect t the 1983 agreement

About the fruit bowl..when did this occur... this happened after the 83 agreement.It had no effect on the agreement

Did you recall that there was an incident that you knocked his portrait off the wall...

Did you provide that if you ever split up the lofts would be split?

 

Objection

 

It?s blurry about what was discussed with Erica Bell and discussing with victor

Yes

At some time you proposed that the 1983 agreement be done

He ignored it

What did he do that equitable stoppage

The same testimony to the unclean hands testimony applies here

Was there anything that he did at the time the 83 agreement was signed that????

Objection

He created the agreement with the lawyer to my detriment

To the extent that the plaintiff ever made

By not complying with the memo particular ring after the signing

Your second counterclaims says that under the argument that any contributions to the partnership would be a gift. The value of your interest in property that is t least 175000

Can you tell me where the figure came from?>

No

Do you recall when you came up with the number or how you came up with the figure

I assume it will be up to the court

I assume that 100 percent is mine because i paid 100 percent of it

Is it your testimony now that you want to claim everything you gave to victor>

Yes...

Objection

Not appropriate

That?s what I want

Your claiming 100 interest

does victor have 100 interest?

I hope not

Let me state on the record that I object to the form of the questions

What was the total amount of money to purchase the stock in the coop.All and the subsequent maintenance

(money stuff)

098-130

This is a compellation similar to the other compellations similar to 1989

You have a column here vc miss 10,000 and change

misc. others 13,400 and change

A number of 4000 checks

misc that werenít cauterized

I see a 4,000 check to PCC Pyramid Construction Company was for renovation expenses on the Broadway side of the loft.

I see another to ppc for 1000.I see another to superior painting for 2208.00.

Expenditures of that nature

We have many thousands of dollars to go...

Excuse me

I see a 102. to bhb exterminator

Another 4000 to pcc

(super charged electric)

The majority seem to be for renovation

Yes renovation and exterminator

Thereí one here

There?s one hre

So it should be labeled construction

This 102. Check to the exterminators 15 years was a gift.

I hope it wasnít a valentines day

So your claiming that he should pay half.

This letter sent to victor on aug of 2002.

bla bla... the possibly that you

Did you approve this?

With respect to this 102 extermination bill do you propose that any ownership interest

Any ownership shall be in my opinion... if i paid an expense that.... that

Objection.

the con ed in 1996.Were they only for the bway side or for both side

At some point all the 5th floor electricity was paid for

At some point they may have been for both sides

In response to your seventh counterclaim

Concerning the rents collected by the plaintiff since 1997 i believe you testified that you did not occupy the bway side in 1997 and 1998.What basis do you claim the rents during this period

I guess for several reason.

The parties occupied to the bway side the

The 5th floor is just one

The partied and any rents to the 5th floor would be.Since I paid for everything I should get everything

There was a contradiction of your testimony this afternoon that you are entitled to 50ís if the gifts and 100% of the joint property.

Gifts given by me become the joint property... in 83 when the agreement was signed it was assumed that we would be giving equal amounts. I would like the court to testify that I should get everything because that I paid everything and I should get at least half.

 

Con Ed... there was a time you were paying for both your unit and the karate studio.They were reimbursing you for that amount...

Assuming that they I wouldnít be looking from victor the the karate studio electric portion.

You were not occupying the bway side in 1998...

i testified that the fifth floor is one space and one oculd view the

in 83 when we signed the contact we were occupying the bway side.