FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 1
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`- - - - - - - - - - - - - - - - - - - - - - - -x
`MILAGROS MUSSE,
` Plaintiff,
` Docket No.:
` 158546/2015
` -against-
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND PORT
`AUTHORITY OF NEW YORK AND NEW JERSEY,
`
` Defendants.
`- - - - - - - - - - - - - - - - - - - - - - - -x
` Oral deposition of ASSEM RAMADAN, on
`behalf of Defendant, Triborough Bridge and Tunnel
`Authority, taken pursuant to Order, was held at
`the Law Offices of Kenneth Arthur Rigby, PLLC, 15
`Maiden Lane, Suite 803, New York, New York 10038,
`commencing September 10th, 2018, at 12:57 p.m.,
`on the above date, before AMBRIA IANAZZI, a Court
`Reporter and Notary Public in and for the State
`of New York.
`- - - - - - - - - - - - - - - - - - - - - - - -x
`
` MAGNA LEGAL SERVICES
` (866) 624-6221
` www.MagnaLS.com
`
`
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 1
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`- - - - - - - - - - - - - - - - - - - - - - - -x
`MILAGROS MUSSE,
` Plaintiff,
` Docket No.:
` 158546/2015
` -against-
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND PORT
`AUTHORITY OF NEW YORK AND NEW JERSEY,
`
` Defendants.
`- - - - - - - - - - - - - - - - - - - - - - - -x
` Oral deposition of ASSEM RAMADAN, on
`behalf of Defendant, Triborough Bridge and Tunnel
`Authority, taken pursuant to Order, was held at
`the Law Offices of Kenneth Arthur Rigby, PLLC, 15
`Maiden Lane, Suite 803, New York, New York 10038,
`commencing September 10th, 2018, at 12:57 p.m.,
`on the above date, before AMBRIA IANAZZI, a Court
`Reporter and Notary Public in and for the State
`of New York.
`- - - - - - - - - - - - - - - - - - - - - - - -x
`
` MAGNA LEGAL SERVICES
` (866) 624-6221
` www.MagnaLS.com
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 2
`
`A P P E A R A N C E S:
` KAZMIERCZUK AND MCGRATH
` Attorneys for Plaintiff
` 103-16 Metropolitan Avenue
` Forest Hills, New York 11375
`
` BY: KATHERINE M. McGRATH, ESQ.
`
` BETANCOURT, VAN HEMMEN, GRECO & KENYON LLC
` Attorneys for Defendant
` PORT AUTHORITY OF NEW YORK
` AND NEW JERESY
` 46 Trinity Place, 5th Floor
` New York, New York 10006
`
` BY: KRISTIN K. ROBBINS, ESQ.
`
` KENNETH ARTHUR RIGBY PLLC
` Attorneys for Defendant
` TRIBOROUGH BRIDGE AND TUNNEL
` AUTHORITY
` 15 Maiden Lane, Suite 803
` New York, New York 10038
`
` BY: JOHN R. WIESS, ESQ.
`
`12
`
`3
`
`4
`
`5
`
`67
`
`8
`
`9
`
`10
`
`11
`12
`
`13
`
`14
`
`15
`
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 3
`
` S T I P U L A T I O N S
` IT IS HEREBY STIPULATED AND AGREED by and
`between the attorneys for the respective parties
`herein as follows:
` All rights provided by the C.P.L.R. and
`Part 221 of the Uniform Rules for the Conduct of
`Depositions, including the right to object to any
`question except as to form, or such other
`irregularity that would be waived if not
`interposed, or to move to strike any testimony at
`this examination is reserved.
` No objections shall be made at a
`deposition except those which, pursuant to
`subdivision (b), (c), or (d) of Rule 3115 of the
`Civil Practice Law and Rules, would be waived if
`not interposed, and except in compliance with
`subdivision (e) of such Rule. All objections
`made at a deposition shall be noted by the
`officer before whom the deposition is taken, and
`the answer shall be given and the deposition
`shall proceed subject to the objections and to
`the right of a person to apply for appropriate
`relief pursuant to Article 31 of the C.P.L.R.
` Every objection raised during a
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 4
`
`deposition shall be stated succinctly and framed
`so as not to suggest an answer to the deponent
`and, at the request of the questioning attorney,
`shall include a clear statement as to any defect
`in form or other basis of error or irregularity.
`Except to the extent permitted by C.P.L.R. Rule
`3115 or, by this Rule, during the course of the
`examination persons in attendance shall not make
`statements or comments that interfere with the
`questioning.
` A deponent shall answer all questions at
`a deposition, except (i) to preserve a privilege
`or right of confidentiality, (ii) to enforce a
`limitation set forth in an order of a court, or
`(iii) when the question is plainly improper and
`would, if answered, cause significant prejudice
`to any person. An attorney shall not direct a
`deponent not to answer except as provided in
`C.P.L.R. Rule 3115 or this subdivision. Any
`refusal to answer or direction not to answer
`shall be accompanied by a succinct and clear
`statement of the basis therefore. If the
`deponent does not answer a question, the
`examining party shall have the right to complete
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 5
`
`the remainder of the deposition.
` An attorney shall not interrupt the
`deposition for the purpose of communicating with
`the deponent unless all parties consent, or the
`communication is made for the purpose of
`determining whether the question should not be
`answered on the grounds set forth in section
`221.2 of these Rules and, in such event, the
`reason for the communication shall be stated for
`the record succinctly and clearly.
` This deposition may be sworn to by the
`WITNESS being examined before a Notary Public
`other than the Notary Public before whom this
`examination was begun, but the failure to do so
`or to return the original of this deposition to
`counsel shall not be deemed a waiver of the
`rights provided by Rule 3116 of the C.P.L.R. and
`shall be controlled thereby.
` The filing of the original of this
`deposition is waived.
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 6
`
`A S S E M R A M A D A N,
`the WITNESS herein, after having been
`first duly sworn by a Notary Public of the
`State of New York, was examined and
`testified as follows:
`EXAMINATION BY
`MS. ROBBINS:
` THE COURT REPORTER: State your
` name for the record, please.
` THE WITNESS: Assem Ramadan.
` THE COURT REPORTER: What is your
` address?
` THE WITNESS: Verrazano-Narrows
` Bridge, Verrazano Plaza, Staten
` Island, New York 10305.
` Q. Good morning, Mr. Ramadan.
` A. Good morning.
` Q. My name's Kristin Robbins.
` I'm a lawyer for the Port Authority in
` this case.
` A. Yes.
` Q. Have you ever given a
` deposition before?
` A. Yes.
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 7
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` MS. MCGRATH: Okay. I just want
` to remind you of a couple of ground
` rules, and I just -- we follow these
` rules just to make it easier for the
` court reporter to take down what
` we're saying because she's here to
` take down every single word.
` So, I'm going to ask that
` you wait until I'm finished asking my
` question before you answer, and even
` if you kind of know what the
` question's going to be; just to make
` it easier for her to get in every
` word, just wait until I'm finished
` speaking.
` A. Sure.
` Q. I'm going to ask that you
` answer verbally and out loud, and that
` means not nodding your head, "yes," or,
` "no," and kind of avoiding using the,
` "uh-uhs," and, "uh-huhs," that we would
` ordinarily use in conversation.
` If you don't know the answer
` to a question, I don't want you to guess;
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 8
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` saying, "I don't know," is perfectly
` acceptable. If you need to take a break,
` use the restroom, or get a drink, or
` something, just let me know; the only
` caveat to that is, I'm going to ask that
` you answer whatever question is out on
` the table before we take a break. Do you
` have any questions for me about how the
` process works?
` A. No.
` Q. Okay. Great. Could you give
` your full name for the record, please?
` A. Assem Ramadan.
` Q. Okay. I know you gave your
` business address to her earlier, could
` you just state it briefly?
` A. Verrazano-Narrows Plaza,
` Staten Island, New York, and -- I'll give
` the ZIP Code again, 10305.
` Q. Okay. I think you mentioned
` before we went on the record that that
` was your business address; is that
` correct?
` A. Yes.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 9
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` Q. Okay. Who is your current
` employer?
` A. MTA Bridges and Tunnels.
` Q. Okay. Is that different from
` the Triborough Bridge and Tunnel
` Authority?
` A. It's the same.
` Q. It's the same?
` A. Yes.
` Q. Okay. Is that the business
` name that the Triborough Bridge and
` Tunnel Authority operates under?
` A. Yes.
` Q. Okay. Is it okay, instead of
` me saying, "Triborough Bridge and Tunnel
` Authority," is it okay if I call it,
` "TBTA," for the purposes of this
` deposition?
` A. That's fine.
` Q. Okay. What's your educational
` background?
` A. I'm a civil engineer.
` MR. WIESS: Are you looking for
` highest level of education; how
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 10
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` familiar --
` MS. ROBBINS: Sure.
` A. Master's in construction
` management.
` Q. Okay. And I think you just
` mentioned civil engineer as well?
` A. Yes.
` Q. Okay. So, do you have a
` Bachelor's Degree in civil engineering?
` A. Yes.
` Q. Okay. Where is your
` Bachelor's Degree from?
` A. From Alexandria, Egypt.
` Q. Okay. So, you received your
` Bachelor's Degree at a university in
` Alexandria, Egypt?
` A. Yes.
` Q. Okay. Is it the University of
` --
` A. Alexandria.
` Q. Okay. What year did you get
` that degree?
` A. 1983.
` Q. All right. Are you
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 11
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` employed -- what's your employment status
` with TBTA?
` A. I'm senior project engineer.
` Q. Okay. What does that mean?
` A. It -- it means --
` MR. WIESS: You're asking for his
` basic duties and responsibilities, or
` something else? I don't know what
` that means. What does that mean?
` Q. Okay. What are your
` employment duties with TBTA?
` A. We oversee construction
` projects, design projects that pertain to
` the Verrazano Bridge.
` Q. Okay. Is that -- have you
` worked on other bridges --
` A. Of course.
` Q. -- with TBTA?
` A. Yes, I did.
` Q. Okay. So, how long have you
` worked with TBTA, just with reference to
` the Verrazano-Narrows Bridge?
` A. I started working at the
` Verrazano Bridge in 1997 'til 1999, then
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 12
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` I moved to the main office, then I came
` back in March of 2015.
` Q. Okay. What were you doing
` while you were at the main office?
` A. I was doing -- I was with the
` group that oversee projects pertaining to
` the entire agency, similar to let's say,
` roadway repairs that happens at each
` bridge. It doesn't have to be a contract
` for each bridge to be assigned to. It's
` a whole big -- bigger contractor that we
` do work at all the bridges and the two
` tunnels.
` Q. Okay. So, while you were at
` the main office, it was smaller projects
` going on at the various bridges for
` things like roadway repair?
` A. Exactly.
` Q. Okay. And you said you moved
` back to the Verrazano Bridge in 2015?
` A. Yes.
` Q. And what was the reason you
` moved back to the Verrazano Bridge in
` 2015?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 13
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. I was assigned. My boss told
` me, "next week you're assigned to work on
` the bridge, on the Verrazano Bridge."
` Q. Okay. What was the purpose of
` your assignment?
` A. To be -- to assist the project
` manager on VN80B.
` Q. What is VN80B?
` A. VN80B is the replacement of
` the upper level deck.
` Q. Okay. And that began in 2015?
` A. No, it started in -- sometime
` in 2012.
` Q. Okay. But you began work on
` VN80B in 2015?
` A. Yes.
` Q. Okay. With that, I'm going to
` show you -- we're going to mark this as
` Exhibit 1. From my understanding, the
` full contract documents for VN80B are
` 1,000+ pages; does that sound fair?
` A. Could be, yes.
` Q. Yes, it's a very large
` document.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 14
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. Yes.
` Q. Okay. I would like you to
` look at this.
` MS. ROBBINS: Can you mark this,
` please?
` (Whereupon, a document
` was marked Defendant's
` Exhibit 1 for
` identification as of this
` date.)
` MR. WIESS: By my count it's a
` 24-page exhibit.
` MS. ROBBINS: Okay. That sounds
` about right.
` MR. WIESS: You want the Witness
` to look at it?
` MS. ROBBINS: Off the record.
` (Whereupon, a discussion
` was held off the record.)
` Q. I'd like you to take a minute
` to look at this document and familiarize
` yourself with it.
` A. Okay.
` Q. Okay. Have you ever seen this
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 15
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` portion of the contract VA08B before?
` A. My understanding, this is part
` of the contract and yes.
` Q. Okay. I'm going to propose
` that this is the bidders proposal that
` was submitted to TBTA by a Tutor Perini
` Corporation; does that sound fair?
` A. Seems fair.
` MR. WIESS: Is that what it is?
` Do you recognize that to be that or
` not?
` A. I didn't see this bidder
` proposal before.
` Q. Okay. Have you ever seen this
` document before?
` A. I -- it started with the
` master legal.
` Q. Yes.
` A. So, I saw portions of it.
` Q. Okay. So, you may not have
` seen this bidders proposal --
` A. No.
` Q. -- in its accepted form
` before?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 16
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. No.
` Q. Okay. Is it fair to say,
` though, that Tutor Perini was hired to be
` the general contractor for the upper
` level roadway deck replacement on the
` Verrazano-Narrows Bridge?
` A. Yes.
` MR. WIESS: Can you read back the
` question, please?
` (Whereupon, the requested
` portion was read back by
` the reporter.)
` MR. WIESS: And by Tutor Perini,
` you're meaning Tutor Perini
` Corporation?
` MS. ROBBINS: Sure.
` A. Mh-hm.
` Q. Okay. Can you tell me, what
` is the TBTA?
` MR. WIESS: Well, objection to
` form, but you can answer, go ahead.
` A. TBTA is the Triborough Bridge
` and Tunnel Authority.
` Q. Okay. Is it a corporation --
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 17
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` is it a part of a -- is it a governmental
` entity; what's your understanding of --
` A. It's a governmental entity.
` Q. Okay. What does it do?
` MR. WIESS: Objection to form,
` but go ahead, if you can answer it.
` A. It's a toll collecting agency,
` it owns and operate seven bridges and two
` tunnels in New York City.
` Q. Okay. So, you say it owns and
` operates seven bridges and two tunnels in
` the New York City area, correct?
` A. Yes.
` MR. WIESS: In New York City he
` said.
` MS. ROBBINS: Okay.
` Q. Is TBTA the owner of the
` Verrazano Bridge?
` A. Yes.
` Q. Okay. Before the -- we talked
` about how in 2015 you began work on the
` Verrazano-Narrows Bridge, and we talked
` about your general duties with TBTA being
` management?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 18
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. Yes.
` Q. Did you have any other duties
` in reference to the Verrazano-Narrows
` Bridge project?
` A. That wasn't the only contract
` where managing -- I was the -- working
` on, I was working on other projects also.
` Q. Okay. What other projects
` were you working on at this time
` beginning in 2015?
` A. There was VNM382, VNM384, and
` VNM385.
` Q. Okay. What were those, you've
` given me some, I think --
` A. Numbers.
` Q. -- numbers that refer to
` contracts?
` A. Yes.
` Q. Okay. What projects were
` those contracts affiliated with?
` A. They were affiliated with
` maintenance of the building, the main
` building at the Verrazano Bridge, that's
` one of them. The other one was ceiling
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 19
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` and coating, the underside of one of the
` small overpasses that there were -- part
` of the Verrazano Bridge.
` Q. Okay. So, other construction
` projects affiliated with the bridge,
` itself?
` A. Yeah.
` Q. Okay. But just not the upper
` level deck replacement, correct?
` A. It's one of them.
` Q. It's one of them? Okay.
` A. VN80B is one project. The
` other projects that I just mentioned are
` smaller projects that I was working on
` also at the same time.
` Q. Okay. Also at the
` Verrazano-Narrows Bridge?
` A. And also at the Verrazano,
` yes.
` Q. Okay. What was the
` relationship between TBTA and Tutor
` Perini in reference to VN80B?
` MR. WIESS: Objection to form.
` Go ahead.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 20
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. TBTA is the owner of the
` bridge.
` Q. Okay.
` A. And Tutor Perini was the
` construction -- the contractor on that
` contract.
` Q. Okay. Were they the general
` contractor?
` A. Yes.
` Q. Okay. How was Tutor Perini
` retained as the general contractor?
` A. It was --
` Q. It was a bid?
` A. Bid out, yeah.
` Q. Okay. Was it -- did it follow
` the public business process that TBTA is
` required by law to follow?
` A. Yes.
` Q. Were you involved at all in
` the process of retaining Tutor Perini as
` the general contractor?
` A. No.
` Q. Okay. Did the VN80B project
` also employ a construction manager?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 21
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. Yes.
` Q. Who was the construction
` manager on that contract?
` A. It was the firm GPI.
` Q. Okay. What -- do you know
` what GPI stands for?
` A. Greenman-Pedersen,
` something -- I don't recall exactly.
` Q. Okay. But you generally
` referred to them as --
` A. GPI, yes.
` Q. Okay. What services did the
` construction manager provide in reference
` to the VN80B contract?
` A. They managed the construction
` activities on the bridge.
` Q. Okay. And what does that
` mean, they managed the construction
` activities; what kinds of things would
` they be responsible for as --
` MR. WIESS: Construction -- I
` think it's on the bridge.
` MS. ROBBINS: Okay. I --
` MR. WIESS: If you're going to
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 22
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` cite his language and his testimony,
` you should cite it fully.
` MS. ROBBINS: Okay.
` Q. What kind of things was
` Greenman-Pedersen responsible for in
` reference to the VN08B contract?
` A. They are managing and
` recording all the activities on the
` bridge that Tutor Perini has.
` Q. Okay. What was the purpose of
` recording all of the activities on the
` bridge?
` A. It's part of our engineering
` practice is to record everything on the
` bridge that goes on the bridge.
` Q. Okay. Would those records get
` put into reports at some point?
` A. Of course.
` Q. Okay. Those reports would be
` forwarded to persons at TBTA?
` A. At the end of the job, all the
` records will be given to TBTA.
` Q. Okay. Were there reports made
` by the construction manager during the
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 23
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` process of the job?
` A. Yes.
` Q. Okay. So, records would be --
` A. They wouldn't -- they are --
` they are the record keeper. They're the
` record holder. We are able at any time
` to go to the offices and take a look at
` any documents that we want, so they don't
` send all the documents to us one by one,
` it's there, they're responsibility to
` keep it, and at the end of the project,
` they return it to us.
` Q. Okay. Were you in contact
` with individuals who worked for
` Greenman-Pedersen or GPI?
` A. Sure.
` Q. Okay. Who were you in contact
` with?
` MR. WIESS: At what point in
` time?
` Q. During the course of the time
` that you worked on the contract for
` VN80B?
` A. There is an engineer, the
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 24
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` office engineer.
` Q. Okay. What was his name or
` her name?
` A. Okay. The office engineer is
` Elaine Dean.
` Q. Okay. Do you know how to
` spell Dean?
` A. D-E-A-N.
` Q. Okay.
` A. The resident engineer is Jeff
` Brewgie (phonetic).
` Q. Okay. Do you know how to
` spell Brewgie?
` A. I don't want to --
` MR. WIESS: Either you know or
` you don't.
` MS. ROBBINS: It's okay.
` Q. It's okay if you don't know,
` you can say that.
` A. I don't recall. And also,
` there was another assistant resident
` engineer, Brandon Seahill (phonetic),
` something like that.
` Q. Seahill?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. Yeah.
` Q. Okay. Is it fair to say that
` Greenman-Pedersen, or GPI's
` responsibility in reference to -- and
` from now on, when I'm talking about
` VN80B, I'm just going to call it the
` contract because it's quicker for me to
` say it like that.
` A. Sure, that's fine.
` Q. And we're not talking about
` any other projects going on at the
` Verrazano-Narrows Bridge today.
` A. Okay.
` Q. So, is it fair to say that
` GPI's responsibilities in reference to
` the contract were to keep Tutor Perini
` apprised of what work was going on on the
` bridge?
` MR. WIESS: Objection to form.
` Q. By Tutor Perini?
` MR. WIESS: Objection to form.
` A. Could you say it again?
` Q. Sure. Is it fair to say that
` GPI was tasked with keeping Tutor Perini
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 26
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` apprised, or keeping TBTA apprised of the
` work that Tutor Perini was doing on the
` bridge?
` MR. WIESS: Objection to form, go
` ahead.
` A. That's one of the work they
` were doing.
` Q. Okay. That's one of the
` responsibilities that they had?
` A. Yes.
` Q. What other responsibilities
` did they have in reference to TBTA?
` MR. WIESS: Objection to form.
` Go ahead.
` A. It's construction management
` of all the aspects of the work on the
` bridge, and also, the payments, the items
` that's been used, the daily reports on
` the bridge, all this stuff is part of
` their responsibilities.
` Q. Okay. So --
` A. Recordkeeping, so there is a
` lot of things that goes into a project,
` and they are responsible for all of
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 27
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` those.
` Q. Okay. Was any company
` retained in reference to the contract --
` to specifically act as a safety manager?
` MR. WIESS: Objection to form,
` but you can answer it, if you can.
` A. You are referring to Enviro
` Med, right? Is that what you're
` referring to?
` Q. Enviro Med?
` A. Enviro Med.
` Q. I'm asking --
` A. TBTA, as part of our practice,
` we have special contract for the entire
` Authority with a company that goes around
` each facility and report any findings to
` us.
` Q. Okay.
` A. And that's -- if I understood
` right, what you're asking, that's the
` company that does that. It's not only
` for TBTA, it's for the entire Authority.
` Q. Okay. So, TBTA has a contract
` with you, mentioned Enviro Med?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 28
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. Enviro Med, yes.
` Q. To act as a safety inspector?
` A. Yes.
` Q. Okay. Do they supervise
` safety activities at TBTA properties?
` A. No, they are reporting to us.
` Q. Okay.
` A. They don't supervise.
` Q. Okay. So --
` A. They just report.
` Q. So, they are, you said
` inspecting; is that correct?
` A. They inspect -- they take a
` look, they monitor, they see, and they
` write a report about what this whole --
` Q. Okay. And this is separate
` from contractors that are hired
` specifically to -- or in reference to a
` specific contract, they have a standing
` contract with TBTA to be an inspector?
` A. Yes.
` Q. Okay. So, people from Enviro
` Med inspect various job sites for
` properties owned by TBTA, not just the
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 29
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` contract for VN80B, correct?
` A. They inspect and monitor
` projects on our facilities that's
` going -- that's going on.
` Q. Okay. So, Enviro Med was not
` retained by the construction manager or
` Tutor Perini in reference to this -- in
` reference to the contract?
` A. They were contracted by TBTA
` Enviro Med. They can -- they can, did
` TBTA.
` Q. Did TBTA have a direct role in
` hiring contractors or subcontractors for
` the project on the Verrazano-Narrows
` Bridge?
` MR. WIESS: Objection to form.
` You can answer.
` A. Can you repeat the question,
` please?
` MR. WIESS: Can you read back the
` question for him?
` (Whereupon, the requested
` portion was read back by
` the reporter.)
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 30
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` A. The general contractors are
` hired by TBTA through public bidding.
` Q. Okay. How do -- sorry, were
` you going --
` A. No, that's -- that's it.
` Q. All right. How were
` subcontractors hired for the project on
` the Verrazano-Narrows Bridge?
` A. The contractor go into a
` contract with his subcontractors upon
` review and approval by TBTA.
` Q. Okay. So, Tutor Perini was
` responsible for going out and getting its
` own subcontractors, but then those
` agreements with those subcontractors
` would be submitted to TBTA for approval?
` A. Yes.
` Q. Okay.
` A. It's not the agreement, it's
` the subcontractor. We don't -- we
` didn't -- we don't have anything to do
` with their agreement together. It's
` something between both of them. Let's
` say she's the subcontractor on one of our
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 107
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 31
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A. RAMADAN
` jobs. I have no contractural
` relationship with her. It's all with you
` as a subcontractor.
` Q. Okay.
` A. But t
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
