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UNITED STATES BANKRUPTCY COURTEASTERN DISTRICT OF NEW YORK

IN THE MATTER OF:ELENA SYENSON, •

Debtor.

MICHAEL KRICHEVSKY,

v.ELENA

Plaintiff/Creditor,

Defendant/Debtor,

-x

-x

BOARD OF MANAGERS OF OCEANACONDOMINIUM-." -NO . TWO ;INTERNAL REVENUE SERVICE, INC.,

I .

i Defendants/Creditors

VICTORIA EDELSTEIN, DOS; BORIS KOTYLAR,COOPJER SQUARE REALTY, INC; LANA KAPLUN,personally; FARID BADALOV, personally; BORISMEYDllD, -personally;- JOHN DOE and JANE JOHNS,personally (fictitious names to bediscovered/•

; Defendants.

VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR,

I Cross-Claimants,

-x

v.

MICHAEL KRICHEVSKY,

Cross-Defendant.

142 Joralemon StreetBrooklyn, New York

January 10, 20141:46 P.M.

-x

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EXAMINATION BEFORE TRIAL of

the DEFENDANT herein, ELENA SVENSON, taken by.

Plaintiff,, pursuant to Order, held at the

above-mentibned time and place, before

Dawn Martin, a Notary Public for and within

the State^of '.'-New' York.

' ,. ;•-; ANGIE DEPOMPO.Gb'urt Stenographers Service

: ; 86M\ensico StreetStaten'Island, New York 10306

(718) 667-9484

f• • • • ' ' • ' • • • Page 3

A P P E A R A N C E S :

3 MICHAEL KRICHEVSKY, Pro SeAppearing for .Plaintiff

4 4221 Atlantic AvenueBrooklyn, New York 11224

5BY: MICHAEL KRICHEVSKY, Pro Se

6

7 • . •

8 THE LAW OFFICE OF LORNA J. LAMOTTE, PLLCAttorneys:for Defendant

9 65 'Broadway - Suite 839New York, New York 10006

10BY: LORNA J. LAMOTTE, ESQ.

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ELENA SVENSON

E L E N A S V E N S O N ,

having first been "duly sworn by a Notary

Public, for and within the State of New York,

upon being, examined, testified as follows:

EXAMINATION BY MR. KRICHEVSKY:

Q. Please state your name for the record.

A. Elena Svenson.

Q. Please state your current address.

A. 2620 Ocean Parkway, Apartment 3K,

Brooklyn, New York 11235.

MR. KRICHEVSKY: Can I have

- these marked as Plaintiff's Exhibits

S and T.

(Financial disclosure, was marked Plaintiff's

Exhibit S for identification, as of this

date, January 10, 2014, D.M.)

(Four-page document, was marked Plaintiff's

Exhibit T for identification, as of this

date, January 10, 2014, D.M.)

MR. KRICHEVSKY: Good

afternoon, Ms. Svenson.

Q. You are aware that you are Under Oath;

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right?

sure.

Oath?

ELENA SVENSON

A. What does that mean "rose"? I'm not

Q. Do you know what it is to be Under

A. Oh, Under Oath, yes. Sorry, I heard

rose. Sorry.

Q. That means that it's a crime to lie.

If you lie here, it's the same thing as you lie to

the judge or to an attorney during the court • ' -

proceedings.

Do you agree with that?

A. ' This is why I take an oath, because I

want to be true. " -',;•"'•

Q. Yes or no, please.

Let's do this, if I ask the question

and you do not understand the question, you tell me

right away you do not understand. You do not

explain, you do not talk to me, you do not argue. If

you do not understand, you say you do not understand,

and I will rephrase it.

Okay?

A. Okay.

Q. Let me ask you, do you think it's a

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1 ELENA SVENSON

2 crime to lie' to the judge during court proceedings

3 when you are Under Oath?

4 A. •- • -Oh, yes. '

5 Q-. •- Do you think it's a crime when.'.'

6 attorney.'lies to the judge during the court

7 proceedings-? •- •

8 A- I don't know. I can ask 'only for •

9 myself. • .I 'don't know anything about attorney''s •

10 rights.- -Iv-have no idea. I don't know. ''" .-• •

11 '•£>•"'• . So, you don't even have a wild''guess?

12 So, you think it's possible that attorney be ' . -

3 permitted to lie to the judge?

14 .A:' I'm going to answer only for my

15 actions_only.

16 ' Q. Right now I'm checking your knowledge

17 of the law .and your moral values.

18 A, I don't have really a lot of knowledge

19 about law-.

20 Q. Do you have moral values?

21 A.- Morals, of course.

22 Q. So, let's judge your moral values.

23 Do you think it's okay for attorney to

4 lie to the judge?..

25 A. I don't know.

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1 ' • ELENA SVENSON

2 Q.' What is your personal opinion?

3 -A. I don't know.

4 Q. So, you don't know — so, your moral

5 values do:inot tell you whether it's right or wrong?

6 A. I'm talking only about my moral '

7 values, but, I should know —

8 Q. I'm checking your moral values.

9 Do you think when attorney lies to the

10 judge it's permitted?

11 A. I don't know.

12 • Q. Make a guvess? ' • > '

3 A. I don't know.

14 Q. Do you think it's a crime when you —

15 I'm not saying you particularly, I'm saying you

16 hypothetically — when you lie to your attorney in

17 order for attorney to deliver this lie to the judge?

18 A. Again this question, what do you want

19 to hear from me?

20 Q. Do you think it's a crime when person,

21 client, lies to attorney with the goal that the

22 attorney deliver this lie to the judge?

23 A. The client shouldn't lie to attorney.

4 Should not.

25 Q. Do you think it's a crime for the

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ELENA SYENSON

client 'and'-attorney to conspire and together li.e«1fo

the judge? . '

".-:' A.. You are not asking me, in general? X.

I ' m " asking in general, yes.

I - don

nk it Is okay to conspire?

Q.

A.

: At- I don MB*'

- . " " - Q;v, • You don't know that? >""' -

".:'AV"' I don't know. -" ;.•;;

--"-.Q.. All right. ' '''.'H

- • ' . . ' ;v Did you lie during our court . .;:

proceeding,to the judge?

£L;.-' No. •'••'.;,.:. •

Q. Did you lie to your attorney? '',;'•.•-

A. No. ;

Q.,. Do you think it's a crime if you know

that the 'attorney is lying to be quiet about this -"••

when attorney lies to the judge?

A. I don't know.'

Q. Do you think it's a crime to submit to

the judge signed documents under oath knowing that

the document has false information?

, • A;; Submitted by who?

Q. Anybody,

_!_

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1 ELENA SYENSON

2 A. I don''t know. .

3 Q. So, you think it's okay? You have —

4 A. I don't know.

5 Q. .- — that it's a crime?

6 A- I don't know. Again, I can answer

7 only for my actions.

8 Q.' Okay.

9 '. Would you say that when someone

10 doesn't know these simple things it looks like the •

11 person is mentally retarded? If you have no moral

12 values, you. don't know that it's not a crime?

3 A. I don't know.'• v

14 Q-. Okay. All right.

15 • Do you think when attorney lies to the

16 judge, or client, or party .li g o he judge the

17 judge thinks that the party is not lying?

18 .A. I don't know what judge thinks..

19 MS. LAMOTTE: I'm at a loss at

20 these questions.

21 MR. KRICHEVSKY: I'm checking

22 moral values and I'm checking

23 knowledge of the law.

4 THE WITNESS: No, you are

25 checking judge's moral values, not

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1 ' ELENA SVENSON

2 mine.

3 Q- Yes, I'm checking your mental

4 capacity, your mental altitude, and your moral

5 values.

6 Do you think it's a crime to lie to.

7 the judge?

8 A., I don't know.

9 Q- So, possibly it's not a crime?

10 A. I don't know.

11 Q.. So, no one told you lie under oath,

12 it's a crime?

3 A. No, when you ask me if I — if it's

14 crime for me to lie, I said this is crime to lie to

15 judge.

16 Q. So, when you lie to the judge it's a

17 crime, -.when someone else is lying to the judge it's

18 not a crime?

19 A. Again, I'm responsible only for my

20 actions.

21 Q. I'm just asking your opinion.

22 So, you have no opinion about what is

23 right and what is wrong; right?

4 A. Why? Why should I think about it?

25 Q. Okay. All right.

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1 ' ' ELENA SVENSON

2 Let me ask you, during our beginning

3 of the child support proceedings, did your attorney,

4 Nakimoski, discuss with you my financial situation,

5 my assets?

6 A. I don't remember. It was five years

7 ago.

8 Q. Can you guess what you were talking

9 about with him?

10 A. Guessing? No, I can not guess. I

11 don't remember.

12 Q. Did you show him any documents which

3 belong to me?

14 A. I don't remember.

15 Q. How would you think he is going to

16 work on your case when you did not discuss with him

17 my financial situation? You didn't show him any of

18 my documents, how would you think he is going to work

19 on your case?

20 A.' It was my place to work on my case.

21 It's the reason that I —

22 MR. KRICHEVSKY: I object.

23 It's not responsive. Say yes or no.

4 THE WITNESS: I don't know how

25 he is going to work.

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Q.

A,

ELENA SVENSON

You don't know?

Of course not.

Did you care how he was going-to do

it?

(Nods head.)

Q. Your nodding is not going to be

recorded.''', ..." • ' •

A.' I'm sorry. I don't remember.

Q,. Did your attorney ever show you

financial'disclosure affidavit, Exhibit T? - .

<• I would like you to review it. -When

you are dene-", please let us know.

A.- •• Who wrote this? Because I have'lay copy

of a financial disclosure at home which is signed' by

notary public.- and by attorney who was representing

me . :- . ',_ , • '••'"-• •'"';?"*-,'\'

, , MR. KRIGHEVSKY: I object. ; -

• St.o.p talking. • You did not even look

at it and you already --

THE WITNESS: I wasn't looking

— 'there is no signature. Is there

signature?

MS.. LAMOTTE: Yes.

THE WITNESS: Who? It's just .'.

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1 ' ELENA SYENSON ji

2 his signature. No, I'm going to

3 trust only financial disclosure

4 which was signed by notary public.

5 EXAMINATION BY MR. KRICHEVSKY:

6 Q. Who do you think signed that?

7 A. I have to compare for financial —

8 • "Q- When did you become so smart?

9 •' ' MS. LAMOTTE: Is that a ' .

10 -question?

11 MR. KRICHEVSKY: It's a

12 question, yes.

3 Q. When did you become so knowledgeable

14 of the law?

15 A. Right now. . .

16 Q. Who taught you that?

17 A. Internet. You, actually you. Only --

18 Q. So, you refuse to look at this

19 affidavit?

20 A. Yes, only when I compare with

21 financial disclosure which is in the court. Located

22 in court.

23 MR. -KRICHEVSKY: Ms. Lamotte,

4 I guess this deposition is busted

25 because she is going to do

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IELENA. -• - *.

-•- everything' to that document, -to

another omie,; and there is no jpoint

to contimife. I'm going to file a! i

• ; • • - • • ' • i i- "^.motion,' arjd let me tell you, you act;

in bad faith.

•"..?,.. THE :WITNESS: When I compare,

'-.. -;&i^because I "don't trust him.

MS. :

EXAMINATION -BY MR. KB

JLAMQT-TE: Okay.

ICHEVSKY:

Q-

A.

So, ,'you want to compare what?

Wit]ii| financial disclosure which is

located, in. court.

• • Q: You tiave'. your own file. You 'should

have -compared it with your own file.

' •'- A. I don'"t -have file in front of me.

. Q -

•'A.

- • -Q.

You:;jjshpuld have it at home.

I don.' t have it.

. You Ca'me here without being prepared?

. MS. -LAMOTTE: This is your

deposition.' • '• .,:...'

MR. KRICHEVSKY: Yes. Wh'at

I'm saying is she had years to look

at. the financial disclosure•?"- .'.,> f-

affidavit.when she came to court

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(ELENA SVENSON

many time; We have a history of/ I

would say/! malicious litigation in

Family Court/ and she has the full

file/ and

facts.

She

(she should know all the

(denied everything in my

third amended complaint. I guess

when she denied it/ she probably

..compared djtt to the financial'I

disclosures-affidavit. So/ that

itells me tihat she never looked at iti;

or everytljljing that was denied in my

"third amended complaint is done in

bad faith i'' .

THE^WITNESS: If you ask me —

MR. KRICHEVSKY: It's

baseless . .:'

This .deposition is busted. I

can not continue. Thank you.1:.

By the word "busted"/ I mean

that I can not continue. Deposition

is not finished. I'm going to file

my motions in court/ and when the

judge decides what to do about this/

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ELENA SVENSON

I'm going to continue my deposition.

THE WITNESS: Can I tell

something?

MR. KRICHEVSKY: No, you can

not.

THE WITNESS: Am I allowed?.

MR. KRICHEVSKY: Have your ' ' •

reporter and tell your reporter.

• - .. MS. LAMOTTE: We will respond • -•

to the motions. • •

MR.' KRICHEVSKY: One more

thing.

EXAMINATION'BY MR. KRICHEVSKY:

Q. Ms. Svenson, before you came to this

deposition, did you discuss this deposition with your

attorney?

A. Yes, we were talking about it.

Q. Did she tell you that I spoke with her

about settling this child support issue out of court,

amicably?

A. Yes, she told me.

(Page break for Jurat.)

JKM

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ELENA SYENSON

Q. What did you tell her?

A. Ms. Lamotte is not -- she is not

represent me in Family Court. I am Pro Se in Family

Court.

Q. Doesn't matter.

Did she deliver the message?

A. YeSf she delivered a message.

~Q. Do you agree to settle it amicably out

of court?

A. You will found out on February 25th in

Family Court.

Q. • In other words, you did not want to

amicably settle it?

A. You will find out in February. .

• (Time noted: 2:02 P.M.)

ELENA SVENSON

Subscribed and sworn tobefore me this dayof , 2014.

Notary Public

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1I N D E X

2 \

3 WITNESS - EXAMINATION PAGE

4 ELENA SVENS-ON : BY MR. KRICHEVSKY 3 / , '

5 '. ' ' . . . '> ' ' ,;000 . • •

6 • - • • ' ' ' /.

E . X H I B I T S . •'•:7 •;•>.;; • • '. . :;,. ' • : • • " : "

8 PLAINT I-FF'K DESCRIPTION PAGE

9 S v' " •• . ' Financial disclosure. 3

10 T . Four-page document. 3

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12 . • oOo - -

3 . / • ' . ' • ' • ' '**''

14 ; / •" • •• ;r " • • - ' . ;. ,

15 • ' " . .. •

16 '

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18 ' :

1 9 - • • - " .

20 ;

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1 STATE OF NEW YORK )) ss . :

2 COUNTY OF NEW YORK )

3

4

5 • C E R T I F I C A T E

6 • '

7 If- DAWN MARTIN, Shorthand Reporter and a

8 Notary Public within and for the State of New

9 York, "do hereby state: • •

10 That the witness whose examination is

11 herein before set forth was duly sworn and

12 that such 'an examination is a true record of

3 the testimony given by such a witness.

14 I further state that I am not related to

15 any of these parties to this action by blood

16 or marriage,.and that I am not in any way

17 interested, in the outcome of this matter.

18 IN WITNESS WHEREOF, I have hereunto set

19 my hand this 13th day of January, 2014.

20

21

22

23 DAWN MARTIN

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