Gerald R. Uram (Uram), defendant's president from June 2004 to May 2010, was deposed in this matter and admitted that it is defendant's duty to make the repairs to the unit that are the subject of this litigation. Further, Uram testified that defendant's duty to repair is not suspended when there is a possibility of litigation. However, Uram also stated that defendant decided not to have plans drawn up to repair the unit because plaintiffs were not in occupancy and would not be harmed by the fact that work was not being done. Uram acknowledged that Goldstone was not in occupancy because defendant's contractors had gutted the unit three years before, and admitted that defendant told the consultant not to draw up the remediation plans.
Uram stated that the reason that defendant did not go forward with the work was because plaintiffs kept objecting to the consultant's plans and the board did not want to go forward when there was a risk of litigation regarding work to which plaintiffs objected.
Frederick Rohn (Rohn), a member of defendant's board of directors, was also deposed in this matter. Rohn testified that, in 2007, the board wrote to its consulting associates indicating an intent to proceed expeditiously with the repairs to plaintiffs' unit. However, Rohn also stated that remediation of the exterior walls of the building had to be completed before the interior of the unit was repaired, in order to make sure that water would not continue to infiltrate the apartment, and that he instructed his consultant not to draw up construction plans for the exterior walls of plaintiffs' unit.