Exhibit B¶
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----X¶
SHELDON BARR and [REDACTED] GARDNER, Plaintiffs, -against-¶
CITY OF NEW YORK and 116 EAST 65TH STREET, LLC,¶
Defendants, INDEX NO.: 159225/2010 -----X¶
535 Fifth Avenue New York, New York April 9, 2019 10:07 a.m.¶
EXAMINATION BEFORE TRIAL of the Defendant, 116 EAST 65TH STREET, LLC, by GHISLAINE MAXWELL, in the above-entitled action, held at the above time and place, taken before a Notary Public of the State of New York, pursuant to Order and Stipulations between Counsel.¶
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A P P E A R A N C E S:¶
THE LAW OFFICE OF [REDACTED] FALLEK Attorney for Plaintiffs One Battery Park Plaza, 32nd Floor New York, New York 10004 BY: LARRY FALLEK, ESQ.¶
[REDACTED], LLC. Attorney for Defendant 116 EAST 65TH STREET, LLC. 200 Old Country Road, Suite 2 South Mineola, New York 11501¶
BY: MATTHEW [REDACTED], ESQ. FILE NO.: AIGPRIV 17007¶
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STI PULATIONS¶
IT IS HEREBY STIPULATED AND AGREED by and between(among) counsel for the respective parties hereto, that:¶
All rights provided by the C.P.L.R., including the right to object to any question, except as to form, or to move to strike any testimony at this(these) examinations(s), are reserved, and, in addition, the failure to object to any question or to move to strike any testimony at this(these) examination(s) shall not be a bar or waiver to make such motion at, and is reserved for the trial of this action;¶
TT IS FURTHER STIPULATED AND AGREED by and between(among) counsel for the respective parties hereto, that this(these) examinations(s) may be sworn to by the witness(es) being examined, before a Notary Public other than the Notary Public before whom this(these) examination(s) was:were) begun; but the failure to do so, or to return the original of this(these) examinations(s) to counsel, shall not be deemed a waiver of the rights provided by¶
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3 4 Rules 3116 and 3117 of the C.P.L.R., and shall be controlled thereby;¶
6 7 8 n 10 IT IS FURTHER STIPULATED AND AGREED by and between(among) counsel for the respective parties hereto, that this(these) examinations(s) may be utilized for all purposes as provided by the C.P.L.R;¶
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12 13 14 15 16 IT IS FURTHER STIPULATED AND AGREED by and between(among) counsel for the respective parties hereto, that the filing and certification of the original of this(these) examination(s) shall be and the same hereby are waived;¶
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:8 19 20 21 22 IT :S FURTHER STIPULATED AND AGREED by and between(among) counsel for the respective parties hereto, that a copy of the within examination(s) shall be furnished to counsel representing the witness(es) testifying, without charge.¶
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24 25 IT IS FURTHER STIPULATED AND AGREED by and between(among) counsel for the respective parties¶
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S T I P U L A T I O N S (Cont’d)¶
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S T I P U L A T I O N S (Cont’d) hereto, that 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 to move to strike any testimony at this examination is reserved; and in addition, the failure to object to any question or to move to strike any testimony at this examination shall not be a bar or waiver to make such motion at, and is reserved to, the trial of this action.¶
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G H I S L A I N E M A X W E L L, called as a witness, having been first duly sworn by a Notary Public of the State of New York, was examined and testified as follows:¶
EXAMINATION BY¶
MR. FALLEK:¶
Q. Please state your name for the record.¶
A. Ghislaine Maxwell.¶
Q. Please state your address for the record.¶
A. 44 Kinnerton Street, London, England¶
SW183X.¶
MR. FALLEK: Good morning, Ms. Maxwell. My name is Larry Fallek. I represent the plaintiffs in this action, Sheldon Barr and Gardner.¶
I will be asking you a series of questions about an accident that occurred back on September 9, 2015. Many of the questions are going to involve your ownership. When I say, “your ownership,” I am referring to the ownership of 116 East 65th Street in Manhattan.¶
THE WITNESS: Okay.¶
MR. FALLEK: Before we start I have a few¶
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basic rules I want to discuss with you. Please make all your responses verbally. The Court Reporter can’t take down a shake or nod of the head. Like you are doing right now¶
THE WITNESS: Of course.¶
MR. FALLEK: Please say yes or no.¶
THE WITNESS: Yes.¶
MR. FALLEK: And try not to shrug your shoulders or anything like that. Just make all your response verbally.¶
THE WITNESS: I shall.¶
MR. FALLEK: Please let me finish my entire question before you give an answer. The Court Reporter cannot take us both down speaking at the same time.¶
Q. Is that agreeable?¶
MR. FALLEK: It’s important that you stop me if you don’t understand a question. If you do give an answer, I will assume that you understand my question.¶
Q. Is that understood?¶
Q. The address that you just gave the Court¶
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Reporter, how long have you lived there?¶
A. ‘92, ‘93.¶
Q. Is that your primary residence at this time?¶
A. No. It’s just a home that I have.¶
Q. How many homes do you own back in September of 2015?¶
A. Two.¶
Q. Where are those homes?¶
A. 116 East 65th Street and the one in London.¶
Q. When you say, “the one in London,” you are referring to the address that you just gave?¶
Q. Is that a private home?¶
Q. Is that home owned by you individually or some other form?¶
A. It’s owned by me.¶
Q. Is your name on the deed to that property or the title of the property?¶
A. It was back then. I kind of — it was up until recently. I don’t know. I can’t remember what it is now, if I changed it or not.¶
Q. Back in September of 2015, did you or any¶
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of your entities or companies own any other homes?¶
A. No.¶
Q. What was your primary residence back in September of 2015?¶
A. 116 East 65th Street.¶
Q• Can you tell me how much time you spent there, say, back in 2015 from January 1st through September 9, 2015?¶
A. A lot of time. I lived there. That’s my primary residence.¶
Q. Did you travel back and forth between London and New York?¶
A. Extensively at all the time. I just don’t go to London. I travel all the time to a lot of different places.¶
Q. For what purposes do you travel, business, pleasure, or something else?¶
A. I do business. But, it was also I work on — I work for a cot-for-profit. And I do a lot of time doing conferences and a lot of speeches.¶
Q• I’m just talking about the time period of January 1, 2015 through September 9, 2015.¶
Would that be true with regard to that time period?¶
DEITZ Court Reporting… A Lexitas Company 800-678-0166
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CERTI FT CAT ION¶
I, Theresa Acosta, a Shorthand Reporter and Notary Public of the State of New York, do hereby certify;¶
That, GHISLAINE MAXWELL, the witness whose examination is hereinbefore set forth, was duly sworn, and that such examination is a true record of the testimony given by such witness.¶
I further certify that I am not related to any of the parties to this action by blood or marriage; and that I am in no way interested in the outcome of this matter.¶
-Viturs 44diac. THERESA ACOSTA
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