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Page 1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK

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IN THE MATTER OF: ELENA SYENSON, Debtor.

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MICHAEL KRICHEVSKY, Plaintiff/Creditor,

v.
ELENA Defendant/Debtor, BOARD OF MANAGERS OF OCEANA CONDOMINIUM-." -NO . TWO ; INTERNAL REVENUE SERVICE, INC.,
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Defendants/Creditors

VICTORIA EDELSTEIN, DOS; BORIS KOTYLAR, COOPJER SQUARE REALTY, INC; LANA KAPLUN, personally; FARID BADALOV, personally; BORIS MEYDllD, -personally;- JOHN DOE and JANE JOHNS, personally (fictitious names to be discovered/ ; Defendants. -x VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR, I Cross-Claimants,

v.
MICHAEL KRICHEVSKY, Cross-Defendant.
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142 Joralemon Street Brooklyn, New York January 10, 2014 1:46 P.M.

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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.

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' ,. ;-; ANGIE DEPOMPO .Gb'urt Stenographers Service :; 86M\ensico Street Staten'Island, New York 10306 (718) 667-9484

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

MICHAEL KRICHEVSKY, Pro Se Appearing for .Plaintiff 4221 Atlantic Avenue Brooklyn, New York 11224 BY: MICHAEL KRICHEVSKY, Pro Se
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THE LAW OFFICE OF LORNA J. LAMOTTE, PLLC Attorneys:for Defendant 65 'Broadway - Suite 839 New York, New York 10006 BY: LORNA J. LAMOTTE, ESQ.

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Page 4 ELENA SVENSON

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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. A. Q. A. Please state your name for the record. Elena Svenson. Please state your current address. 2620 Ocean Parkway, Apartment 3K, 11235. Can I have

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Brooklyn, New York

MR. KRICHEVSKY: -

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: afternoon, Ms. Svenson. Good

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Q.

You are aware that you are Under Oath;

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ELENA SVENSON

right? A. sure. Q. Oath? A. rose. Sorry. Q. That means that it's a crime to lie. Oh, Under Oath, yes. Sorry, I heard Do you know what it is to be Under What does that mean "rose"? I'm not

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 " -',;"' '-

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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 If

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

you do not understand, you say you do not understand, and I will rephrase it. Okay? A. Okay. Let me ask you, do you think it's a

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Q.

"'; ..'
1 ELENA SVENSON

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crime to lie' to the judge during court proceedings when you are Under Oath?
A. -

-Oh, yes.

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Q-.

- Do you think it's a crime when.'.'

attorney.'lies to the judge during the court proceedings-? AI don't know. I can ask 'only for -

myself. .I^'don't know anything about attorney''s rights.- -Iv-have no idea. '>"' . I don't know. ''" .-

So, you don't even have a wild''guess? .-

So, you think it's possible that attorney be ' permitted to lie to the judge? .A:' actions_only. ' Q. I'm going to answer only for my

Right now I'm checking your knowledge

of the law .and your moral values. A, about law-. Q. A.Q. Do you have moral values? Morals, of course. So, let's judge your moral values. Do you think it's okay for attorney to lie to the judge?..
A. I don't know.

I don't have really a lot of knowledge

. 1 2 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 4 25 ' Q.' -A. Q.

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ELENA SVENSON What is your personal opinion? I don't know. So, you don't know so, your moral

values do:inot tell you whether it's right or wrong? A. I'm talking only about my moral '

values, but, I should know Q.

I'm checking your moral values. Do you think when attorney lies to the

judge it's permitted? A. Q. A. Q. I don't know. Make a guvess? I don't know. Do you think it's a crime when you ' >'

I'm not saying you particularly, I'm saying you hypothetically when you lie to your attorney in

order for attorney to deliver this lie to the judge? A. Again this question, what do you want

to hear from me? Q. Do you think it's a crime when person,

client, lies to attorney with the goal that the attorney deliver this lie to the judge? A. Should not. Q. Do you think it's a crime for the The client shouldn't lie to attorney.

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ELENA SYENSON client 'and'-attorney to conspire and together li.e1fo the judge? ".-:' A..
Q. A.

' You are not asking me, in general? X. I ' m " asking in general, yes.

I - don
nk it Is okay to conspire?

At-

I don MB*'
You don't know that? >""' -" ;.;; ' during our court ' ' ' . ^ ' H^ . .;:

-. " "- Q;v, ".:'AV"' --"-.Q.. - '.. ' ;v

I don't know. All right. Did you lie

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proceeding,to the judge?

L;.-'
Q.
A.

No.
Did you lie to your attorney? No.
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''.;,.:.

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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. Q. I don't know.' Do you think it's a crime to submit to

the judge signed documents under oath knowing that the document has false information? , A;; Q. Submitted by who? Anybody,

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ELENA SYENSON A. Q. A. Q. .AI don''t know. So, you think it's okay? I don't know. that it's a crime? Again, I can answer . You have

I don't know.

only for my actions. Q.' '. Okay. Would you say that when someone

doesn't know these simple things it looks like the person is mentally retarded? If you have no moral

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

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I don't know. Okay. All right.

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Q-.

Do you think when attorney lies to the

judge, or client, or party . l i ^ g ^ o ^ h e judge the judge thinks that the party is not lying? .A. I don't know what judge thinks.. MS. LAMOTTE: these questions. MR. KRICHEVSKY: I'm checking I'm at a loss at

moral values and I'm checking knowledge of the law. THE WITNESS: No, you are

checking judge's moral values, not

Page 10 1 2 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 4 25 actions. Q. I'm just asking your opinion. So, you have no opinion about what is right and what is wrong; right? A. Q. Why? Okay. Why should I think about it? All right. the judge? A., QA. Q.. it's a crime? A. No, when you ask me if I if it's I don't know. So, possibly it's not a crime? I don't know. So, no one told you lie under oath, ' mine. QYes, I'm checking your mental ELENA SVENSON

capacity, your mental altitude, and your moral values. Do you think it's a crime to lie to.

crime for me to lie, I said this is crime to lie to judge. Q. So, when you lie to the judge it's a

crime, -.when someone else is lying to the judge it's not a crime? A. Again, I'm responsible only for my

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1 ' ' ELENA SVENSON

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Let me ask you, during our beginning of the child support proceedings, did your attorney, Nakimoski, discuss with you my financial situation, my assets? A. ago. Q. about with him? A. don't remember. Q. belong to me? A. Q. I don't remember. How would you think he is going to Did you show him any documents which Guessing? No, I can not guess. I Can you guess what you were talking I don't remember. It was five years

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work on your case when you did not discuss with him my financial situation? You didn't show him any of

my documents, how would you think he is going to work on your case? A.' It was my place to work on my case.

It's the reason that I

MR. KRICHEVSKY: It's not responsive. THE WITNESS: he is going to work. I object. Say yes or no. I don't know how

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ELENA SVENSON
Q. A,

You don't know? Of course not. Did you care how he was going-to do

it?
(Nods head.) Q. recorded.''', ..." ' A.' Q,. Your nodding is not going to be I'm sorry. I don't remember.

Did your attorney ever show you -.

financial'disclosure affidavit, Exhibit T? <

I would like you to review it. -When

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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 Is there

'there is no signature. signature?

MS.. LAMOTTE: THE WITNESS: Yes. Who?

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It's just

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ELENA SYENSON

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his signature.

No, I'm going to

trust only financial disclosure which was signed by notary public.

EXAMINATION BY MR. KRICHEVSKY:

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Q. A. ' "Q'

Who do you think signed that? I have to compare for financial When did you become so smart? MS. LAMOTTE: Is that a ' .

-question?
MR. KRICHEVSKY: It's a

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question, yes. Q. of the law? A. Q. A. Q. affidavit? A. Yes, only when I compare with Located Right now. Who taught you that? Internet. You, actually you. Only -. . When did you become so knowledgeable

So, you refuse to look at this

financial disclosure which is in the court. in court.

MR. -KRICHEVSKY: Ms. Lamotte,

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I guess this deposition is busted because she is going to do

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IELENA

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-- 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 f a i t h . "..?,.. THE :WITNESS: When I compare,

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

MS. : JLAMQT-TE:
EXAMINATION -BY MR. KB ICHEVSKY: Okay.

QA.

So, ,'you want to compare what?

Wit]i | financial disclosure which is

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located, in. court. Q: You tiave'. your own file. You 'should

have -compared it with your own file. ' 'A.

. Q-

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

You:; jjshpuld have it at home.

I don.' t have it. . You Ca'me here without being prepared? . MS. -LAMOTTE: This is your ' .,:...' Yes. Wh'at

'A. - -Q.

deposition.' MR. KRICHEVSKY:

I'm saying is she had years to look at. the financial disclosure
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affidavit.when she came to court

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many time;

(ELENA SVENSON
We have a history of/ I would say/! malicious litigation in Family Court/ and she has the full

file/ and (she should know all the

facts.

She (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 tells me tihat she never looked at i;

it

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or everytljljing that was denied in my "third amended complaint is done in bad faith i'' . THE^WITNESS: If you ask me It's

MR. ^KRICHEVSKY: baseless . .:'

This .deposition is busted. can not continue.

1:.

Thank you.

By the word "busted"/ I mean that I can not continue. is not finished. Deposition

I'm going to file

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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: something? MR. KRICHEVSKY: not. THE WITNESS: MR. Am I allowed?. Have your ' ' No, you can Can I tell

KRICHEVSKY:

reporter and tell your reporter. - .. to the MS. LAMOTTE: We will respond - One more

motions. MR.' KRICHEVSKY:

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thing. EXAMINATION'BY MR. KRICHEVSKY: Q. Ms. Svenson, before you came to this

deposition, did you discuss this deposition with your attorney? A. Q. Yes, we were talking about it. 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. A.

What did you tell her? Ms. Lamotte is not -- she is not I am Pro Se in Family

represent me in Family Court. Court. Q. Doesn't matter.

Did she deliver the message? A. ~Q. of court? A. Family Court. Q. In other words, you did not want to You will found out on February 25th in YeSf she delivered a message. Do you agree to settle it amicably out

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amicably settle it? A. You will find out in February. . (Time noted: 2:02 P.M.)

ELENA SVENSON 20 21 22 23

Subscribed and sworn to before me this day of , 2014.

Notary Public
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WITNESS

EXAMINATION : BY MR. KRICHEVSKY

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ELENA SVENS-ON '.

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1 2 STATE OF NEW YORK COUNTY OF NEW YORK ) ) ) ss . :

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If- DAWN MARTIN, Shorthand Reporter and a Notary Public within and for the State of New York, "do hereby state: That the witness whose examination is herein before set forth was duly sworn and that such 'an examination is a true record of the testimony given by such a witness. I further state that I am not related to any of these parties to this action by blood or marriage,.and that I am not in any way interested, in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of January, 2014.

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DAWN MARTIN