jack levy's deposition (part 1)

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IN THE CIRCUIT COURT OF 15TH

JUDICIAL CIRCUIT IN AND FOR

PALM BEACH COUNTY, FLORIDA

PROBATE DIVISION

CASE NO.502010CP004252XXXXSB

IN RE: ESTATE OF ALLAN HAYMES,

Deceased.

___________________________________/

ZYLO MARSHALL,

Petitioner,

vs.

LOIS M. HAYMES, as Personal

Representative of the Estate of

ALLAN HAYMES, and CRAIG DONOFF,

as Personal Representative of the

Estate of ALLAN HAYMES,

Respondents.

___________________________________/

U.S. Legal - Hollywood

3440 Hollywood Boulevard,

Suite 320,

Hollywood, Florida

May 15, 2013

10:17 a.m.

DEPOSITION OF JACK LEVY

Taken before Debra Petracca, Notary Public,

in and for the State of Florida, at Large, pursuant

to Notice of taking Deposition.

-- -- --

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1

2 APPEARANCES

3 ON BEHALF OF THE PETITIONER:

4 ZYLO MARSHALL, PRO SE 402 West Atlantic Avenue, Apt. 154,

5 Delray Beach, Florida 33444

6 ON BEHALF OF THE RESPONDENT:

7 SHENDELL & POLLOCK, P.L., By: KENNETH S. POLLOCK, ESQUIRE,

8 2700 North Military Trail, Boca Raton, Florida 33431

9

10 - - - - -

11 WITNESS DIRECT CROSS

12 Jack Levy

13 (By Mr. Pollock) 3

14 (By Mr. Marshall)

15 - - - - -

16 RESPONDENT'S EXHIBITS FOR IDENTIFICATION: PAGE

17 EX. 1 - three page document 12

18 EX. 2 - Jack Levy's Notes 14

19 EX. 3 - notice of deposition duces tecum 22

20

21 NO EXHIBITS ATTACHED

22

23

24

25

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1 - - - - - - - - -

2 THEREUPON:

3 JACK LEVY

4 was called as a witness and having been first duly sworn was

5 examined, testified, and stated as follows:

6 DIRECT EXAMINATION

7 BY MR. POLLOCK:

8 Q. Good morning. Please state your full

9 name for the record.

10 A. Jack Levy.

11 Q. Mr. Levy, my name is Ken Pollack. I'm

12 with the law firm of Shendell and Pollock. I

13 represent the Estate of Allan Haymes in this

14 lawsuit that is pending at this time.

15 We're here to take your deposition,

16 okay. And in this deposition I'm going to be

17 asking you a series of questions. Okay?

18 A. Yes.

19 Q. If I ask you a question, the first rule

20 is always answer the question verbally.

21 A. Verbally.

22 Q. So that way the court reporter can take

23 down the question and the answer. Okay?

24 A. Okay.

25 Q. So, if I ask you a question, please try

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1 not to shrug your shoulders or nod your head. Give

2 a verbal answer so that the record will be very

3 clean and clear as to the question I asked you, and

4 the answer that you gave me. Okay?

5 A. That's fair.

6 Q. As I said, I am going to be asking you

7 a series of questions today. I would like you to

8 answer those questions truthfully and to the best

9 of your knowledge. Okay?

10 A. Yes.

11 Q. And if you don't know the answer. Tell

12 me you don't know the answer. Okay?

13 A. Okay.

14 Q. I don't want you to guess. Okay?

15 A. Well, clarify guessing. If I had a

16 conversation with Al five years ago, the specifics,

17 the dates, the times, forget about it. But what

18 happened, I remember.

19 But the exact specific times and dates,

20 forget about it. I don't record my conversations

21 with my friend, 50 years of everything we said and

22 do.

23 Q. I understand that.

24 A. So I can't be specific, but I can only

25 tell you of an incident that happened at a certain

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1 time period, to my opinion, and my recollection of

2 it.

3 Q. Okay. We would establish on the record

4 at that point in time that you are not aware of the

5 specific date, and you'll say that, and you'll say

6 however you can tell me you recall.

7 A. Okay. I have already stated it. I'm

8 not responsible for any dates, times, or documents,

9 or conversations, or things like that. I'm not.

10 Q. Okay. Well, we're going to get into

11 that. Okay?

12 A. Okay. I have a request.

13 Q. You have a request?

14 A. Yeah.

15 Q. I haven't asked any questions and you

16 have your first request. Go ahead. What is it?

17 A. The request is, if you ask me what my

18 relationship with Allan Haymes was I would like to

19 state it in my own words, my own as to establish my

20 relationship with Allan Haymes and Lois, and my

21 history with him; because I've been friends with

22 him for 50 years.


24 A. And a very close friend.

25 Q. And like I said, I am going to be

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1 asking you questions and I would like you to answer

2 those questions to the best of your ability and

3 based on your personal knowledge. So if I ask you

4 a question and you want to answer it based on your

5 knowledge, personal knowledge, and it's truthful,

6 tell me.

7 A. Well, the point is --

8 Q. But please wait until -- Jack --

9 A. But if I make a statement, it will

10 probably cut a lot of your questions, most of the

11 questions you're going to ask me.

12 Q. No. That's not how we are going to

13 work this. This is my deposition. I get to ask you

14 the questions how I want and when I want, and the

15 order that I want. Okay?

16 A. All right. We'll see if that's the way

17 it goes.

18 Q. That's the way it goes.

19 Can you please tell me your current

20 address?

21 A. 1201 South Ocean Drive, apartment

22 1003-south, Hollywood, Florida 33109.

23 Q. How long have you lived at 1201 south

24 Ocean Drive?

25 A. I think five or six years.

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1 Q. And over the next two months do you

2 have any plans to be out of the State of Florida?

3 A. In the next two months? I'm going for

4 surgery Friday, so I don't think I'll be leaving

5 Florida for a while.

6 Q. Okay, but you'll be in town next week?

7 A. Yes. I may not be available next week

8 because of the surgery, but I'll be in town.

9 Q. What type of surgery are you having on

10 Friday?

11 A. They're going to put a fistula (sic),

12 for dialysis, in my arm.

13 Q. That's an outpatient surgery, correct?

14 A. One day, yeah. But then, you know, I

15 got to go back there and look at it.

16 Q. And that procedure is an outpatient

17 procedure, correct?

18 A. Yeah. It's one day in a hospital.

19 Q. You actually go into the hospital?

20 A. Yeah, for one day. One day, yeah.

21 Q. What is your current telephone number?

22 A. (954) 920-5351.

23 Q. Is that your home number or cell phone

24 number?

25 A. My home number.

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1 Q. Do you have a cell phone number as

2 well?

3 A. I lost my phone. I have a cell number,

4 but I don't have my phone. I lost it.

5 Q. Okay.

6 A. I got to find it. When I find it, I'll

7 give it to you. It's (786) 223-5529.

8 Q. Thank you.

9 As you sit here today are you taking

10 any medications that would impair your ability to

11 remember certain things?

12 A. No.

13 Q. Are you taking any medications that

14 would impair your ability to testify truthfully

15 today?

16 A. Not that I know of.

17 Q. Mr. Levy, we had sent you a subpoena

18 duces tecum for deposition. Did you receive a copy

19 of this?

20 A. A copy of -- let me see. Oh, I got it

21 last night.

22 Q. Did you --

23 A. I couldn't -- I looked at it, but I

24 couldn't read it, or it was too much to read

25 overnight. I got it yesterday.

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1 Q. Did you also --

2 A. Why did you wait until yesterday to

3 give it to me?

4 Q. Mr. Levy, I'm the one that asks the

5 questions here today.

6 A. I am trying to tell you I didn't have

7 time to read it.

8 Q. Did you also receive a copy over the

9 weekend from a process server?

10 A. Yes.

11 Q. Last night was not the first time you

12 received it, correct?

13 A. You're talking about that?

14 Q. Yes.

15 A. No. That was just a piece of paper.

16 Q. Did you bring with you today what the

17 process server gave you?

18 A. I didn't bring it. He has it.

19 Q. No. No.

20 A. This is what you sent me. I got this

21 last night.

22 Q. I'm --

23 A. I got it here. I got the paper that

24 you gave me. This is the paper.

25 Q. Is there a reason why Mr. Marshall is

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1 holding that for you?

2 A. Well, because frankly, I'm not a very

3 well man. To tell you the truth, I just about made

4 it here, and that's why I'm going on dialysis. So

5 to make sure I had everything, I asked him to hold

6 it for me and bring it for me.

7 Q. When did you give it to Mr. Marshall?

8 A. This morning. Yeah, like I said, this

9 is what I got. This is -- this is not this, what

10 you sent me yesterday.

11 Q. This is what you received over the

12 weekend?

13 A. I received it a couple of days ago.

14 Q. Okay.

15 A. Why did you give it to me the day

16 before? Here's the paper. I can show you when it

17 came -- I got it.

18 Q. Okay. But Mr. Levy, what I'm holding

19 in my hand which is a three page document --

20 A. I read that.

21 Q. First of all, please allow me to finish

22 my question before you answer --

23 A. Okay.

24 Q. -- because we want to make sure the

25 court reporter is able to get down everything.

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1 Okay?

2 A. All right.

3 Q. Thank you.

4 What I'm holding in my hand is a three

5 page subpoena duces tecum for deposition that was

6 addressed to you, and the third page is a Schedule

7 A, listing 12 items. Correct?

8 A. Let me see that. I see here everything

9 is, all. All documents, all, all, all. I read it.

10 Q. Okay.

11 A. But --

12 Q. When did you read that?

13 A. A couple of days ago.

14 Q. When you received it on Saturday?

15 A. Yeah, Saturday or Sunday. I don't

16 remember. I think it was Saturday I got it.

17 They want, all, all, all. All emails I

18 received. I don't document my conversations with a

19 friend of mine for 50 years. To ask me for these

20 things, all, is ludicrous questions.

21 Do you know -- or you are not my age

22 yet, when you have a friend for 50 years you don't

23 record and keep track of all the conversations, all

24 the emails, and all documents. This is asinine.

25 And that is why I had nothing to bring with me. I

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1 could not bring that.

2 Q. The purpose of this Schedule A, if you

3 don't have any documents is all you have to do is

4 say, I don't have any. That's fine.

5 A. But I object to your expecting me to

6 have documents verifying conversations and emails

7 with Allan Haymes. It's impossible.

8 Q. Okay.

9 A. So I object to those questions. I

10 think they're ludicrous.

11 MR. POLLOCK: We going to mark this

12 three page subpoena as Exhibit Number 1

13 today.

14 (Whereupon, the document was marked

15 Respondents Exhibit No. 1 for

16 identification by the Court Reporter.)

17 BY MR. POLLOCK:

18 Q. Did you bring any documents with you

19 today, Mr. Levy?

20 A. No. I brought one document. One set

21 of documents, but it's notes that I had made in

22 regards to my relationship with Allan Haymes. This

23 document tells the whole story, most of it anyway,

24 of my relationship with Allan and his family, and

25 Brian, and whoever else was involved, to the best

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1 of my knowledge, without being specific times,

2 dates, documents, and all that. It's just my own

3 words. My own opinion, and I would like to have

4 the privilege of reading it --

5 MR. MARSHALL: Let me just

6 state that --

7 THE WITNESS: -- putting it on the

8 record.

9 MR. MARSHALL: -- Zylo Marshall and

10 Brian Marshall are all the same person.

11 THE WITNESS: Yeah, I know him as

12 Brian.

13 BY MR. POLLOCK:

14 Q. Did you bring any other documents with

15 you except that sheet?

16 A. That's all.

17 Q. Can I have that, please?

18 MR. POLLOCK: I am going to mark these

19 notes that you brought, as Exhibit Number 2

20 to this deposition.

21 THE WITNESS: But I want them back.

22 MR. MARSHALL: I have a copy.

23 MR. POLLOCK: An identical copy?

24 MR. MARSHALL: Yes. So you can keep

25 that.

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1 THE WITNESS: Those are notes of dates

2 that happened in Brian's life.

3 MR. POLLOCK: Off the record for a

4 second.

5 (Off the record at 10:36 a.m.)


7 Respondent's Exhibit No. 2 for


9 BY MR. POLLOCK:

10 Q. Mr. Levy, I marked as Exhibit Number 2

11 to your deposition today --

12 A. A copy.

13 Q. -- a six-page copy of the letter that

14 you brought with you today.

15 A. Right.

16 Q. In this subpoena that we had sent to

17 you before today's deposition, we asked you to

18 bring certain documents, if you had them.

19 For example, we asked for all

20 communications between yourself and Zylo Marshall

21 regarding Lois Haymes, Allan Haymes, Craig Donoff,

22 the Estate of Allan Haymes, or the Restated Trust

23 Agreement of Allan Haymes.

24 Do you have any of those documents in

25 your possession?

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1 A. No, just verbal. I have no documents.

2 Q. Okay. So you don't have any

3 communications between yourself and Zylo Marshall?

4 A. Not that I know of. Maybe. I'm trying

5 to think, maybe I sent him a letter, this letter,

6 or part of this letter to him. It could have been

7 emailed to him. But to my recollection I don't

8 know, but it's possible.

9 He's here. Can I ask him that?

10 Q. No.

11 A. Okay, I won't ask him that. You got to

12 understand my memory is not specific to -- like you

13 say, I'm sure I discussed this with him. Whether I

14 did it by email or not, I do not know.

15 Q. And just to reemphasize what I said to

16 you earlier --

17 A. I don't know. I don't know. Okay.

18 Q. -- what is important to me is what you

19 know and remember as you sit here today.

20 A. Okay.

21 Q. And if you don't remember, and your

22 memory doesn't allow you to remember on your own,

23 that's okay. Just let me know and I'll ask another

24 question.

25 A. The problem is that when you're asking

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1 a question I may have an answer, but because time

2 may dim my memory, I may not be like anybody else

3 capable of doing precisely what you want answered.

4 Time does dim people's memories. Not that you

5 don't trust me, or I don't trust you, but that's a

6 fact.

7 Q. I'm sorry. What's a fact?

8 A. Time dims our memory. That's a fact.

9 The older you get, the more -- that's why you need

10 to refer to notes and stuff like that.

11 Q. How old are you Mr. Levy?

12 A. 86.

13 Q. Have you found, Mr. Levy, that over the

14 past couple of years your memory has gotten a

15 little bit worse?

16 A. As normal, as normal as any man my age.

17 Everybody's memory deteriorates slightly. I'm not

18 any worse or better than the average person.

19 Q. Okay. You know, as I said, if I ask

20 you a question and your memory doesn't allow you to

21 remember, just tell me. That's okay.

22 A. Well, that's why I got these notes.

23 Q. So, now getting back to the first

24 request from our Schedule A, Exhibit 1, did you

25 have any email communications with Zylo Marshall?

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1 A. I just got through telling you I don't

2 believe I did, but I may have. I may have, but

3 again I don't remember. You want me to put that

4 down? I'm not sure.

5 Q. What's your email address, sir?

6 A. [email protected].

7 Q. Happyjack27 --

8 A. @msn.com.

9 Q. Do you recall whether or not you ever

10 had any emails with Allan Haymes?

11 A. None.

12 Q. How about Lois Haymes?

13 A. Not that I know of.

14 Q. Okay. And besides the emails and that

15 letter that's marked as Exhibit 2, do you recall,

16 as you sit here today, ever sending any letters to

17 Zylo Marshall?

18 A. Aside from this, that's about it. This

19 is a letter that I had sent to him one way or the

20 other. I don't know how he got it, but I sent it

21 to him. It could have been in the mail or it could

22 be emailed. I don't know.

23 Q. The fourth request we asked for is all

24 documents that you received from Allan Haymes

25 during the period January 1, 2003 to the present.

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1 Did you receive any documents from Allan?

2 A. Documents; no.

3 Q. None?

4 A. No.

5 Q. Do you have any documents in your

6 possession regarding any of Allan's estate planning

7 documents?

8 A. Not to my knowledge.

9 Q. You don't have any copies OF Allan's

10 trust?

11 A. No.

12 Q. Or any copies of Allan's wills?

13 A. No.

14 Q. Or any copies of Allan's powers of

15 attorney?

16 A. No.

17 Q. He never gave you copies of those

18 documents?

19 A. No.

20 Q. You never asked for copies of those

21 documents?

22 A. No. None of my business.

23 Q. You testified earlier that you don't

24 recall whether or not you ever sent an email to

25 Zylo Marshall.

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1 A. Right.

2 Q. Do you recall whether or not Zylo

3 Marshall ever sent you an email?

4 A. I don't recall, honestly. My mind

5 is -- I don't have any recollection of it. He may

6 have. Again, it could have happened, but I don't

7 remember.

8 Q. How often do you use email? Do you use

9 it on a regular basis?

10 A. Yes. Do I email on a regular basis,

11 yes. I read my emails most every day.

12 Q. Do you have any other email addresses

13 besides [email protected]?

14 A. I have two others, but they're for

15 different purposes. I had created something that

16 has to do with conserving water and I made an email

17 for it. It's there, but I don't even use it.

18 Q. You said that email address --

19 A. You want the address? I'll give it to

20 you.

21 Q. You said that was an email address for

22 conservative order?

23 A. To conserve water.

24 Q. I'm sorry. I'm not interested in that.

25 A. That's what it is.

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1 Q. And the eighth request we have is all

2 documents related to Allan's executing a will on

3 January 30, 2009.

4 A. I don't have any. I never saw any

5 will.

6 Q. So, besides Exhibit Number 2, which is

7 your six-page letter --

8 A. Yeah.

9 Q. -- you don't believe you have any other

10 documents in your possession --

11 A. No.

12 Q. -- that we had asked for, correct?

13 A. Right. That's what you sent me. How

14 can I expect to read all this overnight?

15 Q. Can I see that, please?

16 A. That what you got there came in this

17 package.

18 Q. Okay.

19 A. I received it last night at about six

20 o'clock.

21 Q. Okay.

22 A. And I'm supposed to read that and know

23 all about that, and come here at 10:00 o'clock to

24 respond to all that? Again, it's unfair for you to

25 ask someone to do that.

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1 Q. Mr. Levy --

2 A. You are asking me about it and I resent

3 it.

4 Q. Mr. Levy, what we had sent you --

5 A. Why did you send it to me?

6 Q. It was as a courtesy. I didn't have to

7 do it. I did it as a courtesy to you because what

8 this is, Mr. Levy, these are things that you

9 already had. This is nothing new.

10 A. I never had them. You say that's a

11 document that I had?

12 Q. We are going to go through and make

13 sure.

14 A. Why you giving me -- you sent that to

15 me. Now you're making it --

16 Q. An exhibit.

17 A. -- an exhibit? That's what you sent to

18 me.

19 Q. Sure.

20 A. But I did not read it.

21 MR. POLLOCK: I am going to make it an

22 exhibit. Mark this as Exhibit number 3

23 please?


25 Respondent's Exhibit No. 3 for

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2 THE WITNESS: Can you put down there it

3 was delivered, and here's the paper. It was

4 delivered October 14th, FedEx. Today's the

5 13th. Here's the proof of when I got it.

6 BY MR. POLLOCK:

7 Q. Exhibit 3 was delivered to you on

8 October 13th -- I'm sorry --

9 A. 14th.

10 Q. May 13th is what you said?

11 A. I mean May, May 14th, not May 13th,

12 May 14 and I received it at six o'clock.

13 Q. What this is, Mr. Levy, is a notice of

14 taking deposition duces tecum of a non-party which

15 is what we went over already, which is Exhibit 1.

16 Behind that is your recorded conference

17 call deposition dated November 13, 2012 at

18 3:00 p.m. between yourself and Zylo Marshall.

19 A. Okay.

20 Q. Do you recall that?

21 A. Yes.

22 Q. Did you have a copy of this before

23 yesterday?

24 A. No.

25 Q. You never had a copy?

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1 A. No.

2 MR. MARSHALL: Can I make a statement?

3 MR. POLLOCK: No.

4 MR. MARSHALL: I'm opposing counsel. I

5 have a right to make a statement about this

6 document.

7 MR. POLLOCK: You can ask questions

8 when I'm done, sir. You are not entitled to

9 answer questions that I'm asking to Mr. Levy.

10 It's entirely inappropriate.

11 MR. MARSHALL: Sure.

12 BY MR. POLLOCK:

13 Q. Mr. Levy, I am going to show you what

14 is the last 19 pages of Exhibit 3, and you'll see

15 on the first page it says conference call

16 deposition of Jack Levy, November 13, 2012 at

17 3:00 p.m. eastern standard time. And if you would

18 just take a quick look at that and a couple of the

19 pages that follow.

20 A. Who made this? The lawyer from the

21 estate called me on a conference call?

22 Q. No.

23 A. How was this started?

24 Q. I'm not sure. That's what I'm trying

25 to ask you. My question to you, sir, is, do you

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1 recall ever seeing that document. I asked you a

2 minute ago and you said, no you don't recall it,

3 but now I'm showing it to you --

4 A. You're showing me this of a

5 conversation I had with Zylo --

6 Q. Correct.

7 A. -- on the phone. He said I'm recording

8 this. I gave him permission to record it, and

9 here's a copy probably of what he recorded.

10 Q. Okay, but my question is: Did you ever

11 see that document?

12 A. No, not until yesterday.

13 Q. Yesterday?

14 A. Yeah.

15 Q. Yesterday was the first time you saw

16 that --

17 A. Yes.

18 Q. -- when it was attached to the

19 documents that we sent you?

20 A. Yes.

21 Q. Can I have it back, please?

22 A. Okay, yeah. See, these are notes I

23 should refer to. I see that now, but this is going

24 to be part of the exhibit anyway; right, all this?

25 Q. That is part of the exhibit, correct.

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1 A. Okay.

2 Q. Now, what I just showed you those 19

3 pages of the conference call deposition --

4 A. That's when he called me.

5 Q. Correct. I'm not calling it that. I'm

6 only referring to that because that is what it says

7 on this document.

8 A. Got it.

9 Q. At any point in time did you ever sign

10 this document?

11 A. Not that I know of. Possibly, but I

12 don't think so. I don't remember.

13 Where does it say I signed it?

14 THE WITNESS: Did I sign it?

15 MR. MARSHALL: (No verbal response.)

16 THE WITNESS: Oh, I did? When? You

17 sent it to me and I signed it?

18 BY MR. POLLOCK:

19 Q. Jack, I'm sorry, you cannot ask him

20 questions.

21 A. All right. I said, not that I

22 remember.

23 Q. That's okay. That's fine.

24 A. Okay. I'm not saying I didn't do it.

25 Q. I understand. But it's very important

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1 that I ask that you answer my questions.

2 A. This is a lot of questions you're

3 asking me that I'm not sure of the answers.

4 Q. That's okay. That's fine.

5 A. I should just say I'm not sure of the

6 answers.

7 Q. That's fine. What's not fine is if you

8 ask for assistance from Mr. Marshall or anybody

9 else to answer your questions.

10 A. Okay, I apologize.

11 Q. That's very inappropriate, sir.

12 A. Okay.

13 Q. I'm trying my hardest.

14 A. It was an innocent question. I'm sorry

15 I asked, but I'll just say I'm not sure.

16 Q. That's fine.

17 A. That's why I started out the whole

18 conversation of I can't be held responsible for

19 specifics. My memory -- nobody's memory is that

20 good today.

21 It was good when I wrote the letter.

22 It was good when it happened. I remembered a lot

23 of stuff, but chronological time, this and that is

24 fuzzy.

25 Q. That's completely acceptable, Jack.

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1 A. Okay. All right.

2 Q. Okay?

3 A. Okay.

4 Q. Jack, I am going to now ask you

5 questions about Allan Haymes, okay. How did you

6 meet Allan?

7 A. Lois and Denise were children when I

8 met them. Denise is the daughter.

9 Q. Okay, do you remember how you met him?

10 A. My brother was friends with him, and my

11 brother-in-law was his friend, and we would

12 socialize together. We would go on trips and

13 parties and whatever.

14 He was part of the -- we had a group of

15 friends in New York, and he was a peripheral part

16 of the group. Occasionally he would join us.

17 Occasionally he wouldn't.

18 But I'm going from the time Lois, I

19 don't know, was in her teens. Denise, I think --

20 yeah, before he got a divorce and I knew Rita. I

21 was friends with Rita, his wife ex-wife.

22 Rita was friends with my wife and my

23 sister. That's it. It was social. That's how far

24 back I go with him.

25 Q. Okay.

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1 A. That's about 50 years.

2 Q. And during that time frame that you

3 were friends did you also do business together?

4 A. Yes.

5 Q. You were more than social friends?

6 A. We were more than social friends and

7 everything we did was on a handshake.

8 Q. How many business deals did you do with

9 Allan?

10 A. Exactly, I don't know, but maybe, maybe

11 three or four, maybe five. The exact amount, I

12 don't know.

13 I do know the deals. I remember the

14 deals, some of them, but I'll tell you --

15 Q. Were they real estate deals?

16 A. Yes.

17 Q. All of them?

18 A. All of them were real estate deals.

19 Q. Did you always find Allan to be a

20 honorable person?

21 A. Yeah, he's honorable. I could give you

22 one example.

23 When I was in New York, one day, just

24 perusing through the Times, I noticed that there's

25 a condominium being auctioned off in his building.

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1 And I was very -- I'd see him whenever I'm in New

2 York. So I was talking to him about it, okay.

3 Maybe, I don't know how much time, a

4 year went by, whatever it is, he gives me a check.

5 I said what's this? He says, remember you told me

6 that, that, that, I made a commission. This is for

7 you. That's how honorable he is.

8 All I did was mention that there was

9 going to be an auction, and he brought his friend

10 over. His friend bought it, whatever it was, and

11 that was it. This is the kind of man. I trusted

12 him. He was a very honorable man.

13 Q. Did you feel that Allan Haymes was

14 always honorable?

15 A. As far as I know, yes.

16 Q. Up to the time he passed away?

17 A. Always, not up until he passed away,

18 because I never had any reason to question his

19 honesty.

20 Q. Did you believe that Allan Haymes was

21 intelligent?

22 A. Extremely, up until a certain point.

23 Not his whole life. He was intelligent until he

24 started losing his faculties which is normal.

25 Q. Was there any specific point in time

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1 that you believed Allan lost his faculties?

2 A. A specific time? Hour? Date?

3 Q. Not hour, a date.

4 A. It kind of fades away. I would say

5 about, just about when Lois came into the picture,

6 just about then he started to deteriorate further

7 and further. I think it was 2004 or '5, '6,

8 somewheres around then.

9 And that's -- not that it started

10 because, you know, it's something that happens very

11 slow. It doesn't happen overnight.

12 Q. Did you speak to any of Allan's doctors

13 about his faculties?

14 A. Not that I remember. I spoke to his

15 nurses. I spoke to his caretakers.

16 Q. But my question to you is: Did you

17 speak to any of his doctors?

18 A. Doctors; no.

19 Q. Have you ever had the opportunity to

20 review any of the doctors' reports that were done

21 by Allan's doctors?

22 A. No.

23 Q. You mentioned that you were friends

24 with Allan's first wife, Rita, correct?

25 A. Yes.

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1 Q. Are you still friends with her today?

2 A. I met her about a month ago. We talked

3 about the case, with Rita.

4 And yes, am I friends with her; we

5 didn't fight. We discussed the case.

6 Q. Where did you meet?

7 A. I don't remember. It was within a

8 month ago. Recently, accidentally, you know: How

9 are you. How's everything, and we had a

10 conversation about the case.

11 Q. Did you meet at a restaurant or a

12 particular place?

13 A. I'm telling you, I honestly don't

14 remember exactly where, but it was a public place

15 and we decided to talk about -- you know, she said,

16 what's going on. Why is he harassing Lois, and

17 this and that; you know, why doesn't he get off her

18 back. That's the way we started talking.

19 I said, well, as far as I know, she

20 didn't do what he told me he was going to do, and

21 he deserves more than what he was supposed to get.

22 So we stopped talking.

23 So this is her words, you know, she

24 said, "He's better off dead. I'd rather see him

25 dead for what he's doing to my Lois." I was

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1 shocked. I said, what are your talking about.

2 It's your grandson. She said, he's nothing but

3 trouble. He brings nothing but trouble to this

4 family.

5 I'm trying to tell her, to tell her,

6 give him a break. Give him a break. If I told you

7 the things she told me - but you don't want to ask

8 me those questions - you would understand a little

9 bit about that woman.

10 Q. Now, who called who to set up the

11 meeting?

12 A. What meeting?

13 Q. You said you met with Rita about a

14 month about.

15 A. I ran into her. We didn't call each

16 other. We didn't make an appointment. I said I

17 ran into her. Didn't I? That's what I said.

18 Q. Okay.

19 A. By accident, you know, hey, hi, you

20 know.

21 Q. You ran into her about a month ago to

22 discuss the case?

23 A. Not to discuss the case.

24 Q. I'm sorry. That's what I thought you

25 said.

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1 A. I ran into her accidently and we

2 started -- the questions she asked me, why does he

3 badger her, why is he creating so much trouble. So

4 I answered her.

5 We didn't meet to discuss the case.

6 This was -- what kind of a thing. Don't put words

7 in my mouth. I didn't say we arranged to meet or

8 anything like that.

9 Q. So, Rita asked you the question, why is

10 Zylo badgering Lois?

11 A. Yes.

12 Q. Did you answer that question?

13 A. I said, well, he's trying to get what

14 he deserves as a grandson, what Al told me that he

15 was going to get and all that, and I don't blame

16 him.

17 What she did, in my opinion, from my

18 opinion, was slowly but surely isolated --

19 Q. Jack, I want you to answer my

20 questions.

21 A. I am telling you what I told Rita.

22 Q. Go ahead. Please continue.

23 A. So what she did was slowly --

24 Q. Who is "she"?

25 A. Lois.

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1 Q. Okay.

2 A. We were discussing Lois. She isolated

3 Al. She built a wall around him where nobody could

4 go near him, and including me. And I would not

5 agree to that unless Al told me he don't want to

6 see me anymore.

7 When Al tells me I don't want to see

8 you, I won't see him. In the meantime, he's my

9 friend. He needs me. And she was furious. That

10 is what I told Rita. I said, this is not right,

11 and that's what the conversation was.

12 Well, as far as he died already: She

13 would be better off if he was dead. I said, that's

14 your grandson. Look what he's doing to my

15 granddaughter, driving her crazy, blah, blah.

16 So just -- we left. I've called her

17 more than once just trying to see if there's a way

18 that --

19 Q. You called who?

20 A. Rita, to see if there's somewhere in

21 the middle that there could be a little less

22 animosity between the parties some way, and she

23 would constantly -- she took Rita's side, you know,

24 blindly. I meant Lois.

25 Q. How many times did you call Rita to

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1 discuss this case?

2 A. Maybe two or three times, just as a

3 friend, friend to friend, because we were friendly.

4 We'd never fight with each other. If I saw her

5 today, I'd still say hello to her, and she would

6 say hello to me.

7 It's different in the case with Lois.

8 She feels Lois is being badgered by him.

9 Q. Did she give you an example why she

10 felt Zylo Marshall was badgering Lois?

11 A. With lawsuits, whatever. That's why

12 we're here now. He succeeded in getting this

13 filed. And maybe, somewhere along the line they

14 may see fit to honor Al's original -- I can just

15 tell you a discussion I had with Al about that.

16 Q. We're going to get there, but not right

17 now.

18 A. I'm not going to go into that now.

19 Q. You said you called Rita two or three

20 times to see if you can try to get the case

21 settled --

22 A. Yeah.

23 Q. -- correct?

24 A. Yeah. Yeah.

25 Q. You said you made the call as a friend?

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1 A. As a friend, two friends. Rita was my

2 friend.

3 Q. But Mr. Levy, this lawsuit does not

4 involve Rita, does it?

5 A. Oh, no? Rita is Lois' mother.

6 Q. Correct.

7 A. Lois' mental, whatever it is, is a

8 concern of the mother; isn't it? Rita's the

9 mother. Her daughter's going off the deep end or

10 who knows what she's doing. Isn't that a concern

11 of the mother's?

12 Q. I am asking you, is that why you

13 called?

14 A. Well, of course. You said she's not in

15 the picture. She is in the picture. She's the

16 mother. I'm just a friend. I have nothing -- I'm

17 not looking for any money or anything. Do what's

18 right.

19 Q. During that conversation that you had

20 with Rita did you discuss any amount of money?

21 A. No. We did not discuss any money.

22 Just that he -- why don't Lois give Brian what he

23 deserves, what Al wanted for him.

24 See, I want to say it, you may say I'm

25 going off the thing, but when I spoke to Al --

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1 Q. When did you speak with Al?

2 A. Many times.

3 Q. When did you speak to Al?

4 A. I spoke to him many times, many times,

5 forever. I mean, we would go out to dinner

6 together.

7 Q. It's very important, Jack. If you're

8 going to make --

9 A. When?

10 Q. -- that statement, I need to know when.

11 If you don't remember, tell me you don't remember.

12 A. I would say again, just after I met --

13 just after Lois came into the picture. Within the

14 year after Lois came into the picture I saw what

15 was happening and I realized what kind of person

16 she was.

17 So I told Al, as a friend, I didn't

18 want to get -- I did not want to impose myself in

19 his personal life with his grandson, or whatever.

20 And Al said he's going to be well taken care of

21 like I would take care of my other daughter. His

22 mother was his daughter, okay? So it came up who's

23 going to administer it, Lois or --

24 Q. Who brought this conversation up, you

25 or Al; because you said you didn't want to impose.

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1 A. Yeah. We were alone. The two of us

2 went for a walk. This is before she was able to

3 control the situation.

4 Q. Where were you when you went for the

5 walk?

6 A. To the home, his home, the nursing

7 home.

8 Q. Which nursing home?

9 A. I think it was called Casa de Bella,

10 something like that. I don't remember exactly.

11 It's in Boca. We got to talking about Brian.

12 Brian's been living in poverty all his

13 life, poverty, whether you know it or not. And I

14 said he deserves a break, and if you leave it up to

15 Lois I don't think she's going to live up to what

16 you want him to get.

17 Q. Hold on a second, please.

18 A. Yeah. Based on my knowledge --

19 Q. You said to Allan, Brian is living in

20 poverty and deserves a break?

21 A. Has lived in poverty most of his life.

22 Q. You said to Allan it was your opinion

23 that he deserved a break?

24 A. He deserved what he wanted to give him.

25 My thrust was that she would not do what he said

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1 she was going to do. She's untrustworthy. She's

2 going to do something to change the picture.

3 This is right after. Within a year

4 after she came down I got to know who she was, what

5 she was like, what things she said were absolutely

6 unbelievable. And I realized this woman is not

7 going to take care of this guy. As far as I know

8 she hates him, Lois, they never got along.

9 Q. Never got along, correct?

10 A. As far as I know they never did, okay.

11 So I said to Al, I said look, I don't believe she's

12 going to do what you want her to do, so please give

13 him something now.

14 And he said, don't worry. It's taken

15 of. It's in my will. He's taken care of. I'm not

16 worried. She'll do what she's got to do.

17 But evidently what she did was not

18 exactly what he had in mind, and I still did not

19 want to impose myself on him.

20 Q. But you did, though.

21 A. I did because I saw what was happening.

22 She was isolating him from all his friends.

23 Q. His friends, besides you?

24 A. Oh, yeah.

25 Q. Like who?

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1 A. There was a lawyer friend that was --

2 that lived in the building. I don't know his name.

3 The bottom line is she didn't allow anybody to go

4 visit him.

5 Q. You just made a statement, you just

6 made a statement that Lois isolated Al from all of

7 his friends.

8 A. I believed that. It's my opinion. I

9 didn't make a statement as fact. It's an opinion.

10 Q. If that is your opinion --

11 A. It's my opinion.

12 Q. -- what other friends did she isolate

13 him from to form the basis for your opinion,

14 besides you?

15 A. Yeah, I believe so.

16 Q. Who? I need names.

17 A. I don't know. It was a friend of his

18 that lived in the building. He lived in, I

19 think -- I think, I'm not sure, but that's only one

20 of them.

21 The point is slowly, I was the only one

22 that was left, okay, that was able to see Al. Why?

23 Because Al refused to let her tell me I can't see

24 him.

25 Q. But I want to go back to the statement

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41

1 you just made. You said that Lois isolated Allan

2 from all of his friends. Didn't you just say that?

3 A. Yeah. Well, all or most of his

4 friends.

5 Q. Okay.

6 A. Yeah.

7 Q. And I said, besides -- and you feel

8 that she isolated Allan from you, correct?

9 A. She have tried to, but I wouldn't --

10 Q. She tried to, but she was not

11 successful because you didn't allow it?

12 A. Because Al wouldn't agree, and I

13 wouldn't take her threats. She once threatened me

14 that if I continued to see Allan she's going to

15 abandon him.

16 As a matter of fact, I'm the one that

17 told Al you need someone from your family to take

18 care of you, to look over you.

19 Q. Now you're going back. That was in

20 2005. We're going to get there, but I'm trying to

21 stick with --

22 A. Well, that's about the same time about

23 a year later all this -- all this happened about a

24 year after she came to --

25 Q. Mr. Levy, the conversation you had with

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1 Allan about having Lois come down to take care of

2 him, obviously that conversation occurred before

3 she came down.

4 A. Exactly.

5 Q. But it's important, and I'm trying to

6 keep the time frame together. We'll talk about

7 that later. But you made a statement that you said

8 that Lois isolated Allan from all of his friends.

9 A. Attempted to isolate.

10 Q. Attempted.

11 A. Attempted, whether she succeeded, as

12 far as I know, she did, but --

13 Q. Besides you, who else did Lois isolate

14 Allan from?

15 A. I don't know. I don't know the guy's

16 name. That's only one of his friends because he

17 was close with that guy that lived in the building.

18 Who else, I don't know. I don't remember; whoever

19 friends he had. Nobody was allowed to see him.

20 Q. How did you know that, sir, if you

21 can't even tell me who that was?

22 A. Well, she told me nobody can see my

23 father unless I give them permission, and you have

24 to call me first and I will make an appointment,

25 and you can spend 15 minutes with him, and that's

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1 it.

2 Hey, you know what, how many people are

3 going to drive 70 miles to see his friend for 15

4 minutes with her hanging over in the room, and he

5 can't discuss anything with you. He couldn't talk

6 freely. What do you call that?

7 MR. MARSHALL: I want to say --

8 THE WITNESS: She's gone as far as to

9 throw out my son. My son had him at his

10 house for dinner, holidays, too. So we had

11 on one occasion this is, I don't know the

12 year, but not long before he was in the

13 nursing home at the time, okay.

14 BY MR. POLLOCK:

15 Q. Which nursing home?

16 A. I don't know. She knows. You have it

17 on the record. She moved him from place to place

18 and I'll tell you why for that, too.

19 But what I'm trying to say is this is

20 how strict and how unreasonable she was. We

21 were -- my son lives in Port St. Lucie --

22 Q. What's your son's name?

23 A. My son's name is Robert Levy. On the

24 way up to Port St. Lucie we stopped off at the

25 hospital or the nursing home to see Al.

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1 Q. When you say on your way up to Port St.

2 Lucie, from Hollywood?

3 A. From Hollywood. My son was visiting.

4 We were going up there. He said he would love to

5 see Al because Al was a family friend and we had

6 time so we ran up there.

7 Within, I don't know how much time it

8 took, the phone's ringing. She must have alerted

9 all the nurses to let her know if anybody comes to

10 visit her. Next thing you know, she's there.

11 She's on the -- I take it back. She's not there

12 yet.

13 She's on the phone and she says, told

14 the nurse, she told the nurse, get him out of the

15 room. She kicked out Florence and my son out of

16 the room.

17 Q. Florence?

18 A. The lady that was here.

19 Q. Your significant other?

20 A. Yeah. I said what, you know, you know,

21 I'm not going to have him -- she said, I don't want

22 to have -- my son is a doctor.

23 Q. What's your son's phone number, by the

24 way?

25 A. What?

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1 Q. What's Robert Levy's phone number?

2 A. I don't have it offhand, no.

3 Q. But he's a doctor?

4 A. He was a doctor. He retired.

5 Q. And he lives in Port St. Lucie now?

6 A. No. He lives in Stuart now. You can

7 find out. I have it at home. I can give it to

8 you.

9 MR. MARSHALL: I just want to state for

10 the record that he's not being represented by

11 counsel.

12 THE WITNESS: I'm not, no. I am not

13 being represented by counsel, no. This is my

14 own.

15 So she got -- something happened, maybe

16 she thought I was bringing a doctor in or

17 something.

18 BY MR. POLLOCK:

19 Q. You don't know?

20 A. I don't know what her reason was. I

21 don't know, but it was so wrong. This guy only

22 wanted -- you didn't call, you didn't make an

23 appointment, blah, blah.

24 I mean, Jesus Christ, he just dropped

25 in. He wanted -- it was like an old friend

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46

1 visiting a friend. Of course you have got to

2 understand. Allan Haymes has known my children,

3 has been to my kids', Bar Mitzvah and grew up. We

4 shared holidays together.

5 This is not just an acquaintance. And

6 my son knew Al and we -- they loved him. And at

7 that time he was married to Carol when we lived in

8 Hollywood.

9 So when she twisted it around, if I'm

10 bringing a doctor to see him, something like that.

11 I don't remember the exact words, but it was so

12 wrong. Finally -- and then I don't know exactly

13 what happened, but we left.

14 Another time -- well, I can't expand on

15 it, only answer your questions. But I'm just

16 giving you an idea.

17 Q. Okay.

18 A. This is the type of person that made me

19 think you can't trust her. You can't trust a woman

20 like that. That's why I felt sorry.

21 Q. I just want you to be very aware that

22 I'm asking very specific questions, and you're

23 going so overbroad and this is going to take all

24 day.

25 A. I don't care, as long as --

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1 Q. I am trying --

2 A. -- as long as we get justice.

3 Q. I have to get all my information. If

4 you are going to give me more, you are going to

5 give me more, but I can't take less.

6 A. Okay.

7 Q. So, getting back to your statement that

8 Lois attempted to isolate Allan's friends. Are you

9 aware of any other friends, besides you, that she

10 attempted to isolate?

11 A. I don't have a recollection. I met --

12 Q. I know you referenced some friend in

13 the building, besides him.

14 A. I think -- I can't -- I just don't

15 remember.

16 Q. You made a comment that Allan had known

17 your children since they were kids and they grew

18 up; correct, and that your kids loved him, correct?

19 A. Yeah.

20 Q. Did you know Lois when she was a little

21 girl?

22 A. Yes. When she was a little girl I knew

23 her. But I did not know her when she, you know,

24 later years because she lived in --

25 Q. California?

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48

1 A. -- California, and what have you. And

2 Allan, I believe, and her, were not getting along.

3 So that's why I don't think she came --

4 Q. Do you think it's uncommon for parents

5 and children to not get along at certain times?

6 A. But not a lifetime, not for 20 years.

7 Q. You have three sons; correct, Jack?

8 A. Yeah.

9 Q. Do you get along with all three of your

10 sons?

11 A. Yes.

12 Q. Besides Robert, what is the other names

13 of the other two sons?

14 A. Scott and Steve.

15 Q. Scott and Steve?

16 A. Levy, yeah. By the way, somebody left

17 a message in Steve's machine about -- what was that

18 about? Can I ask that question? They don't know

19 themselves.

20 Q. Steve received a message probably from

21 somebody in my office because we were trying to

22 locate you, and we were having trouble doing so.

23 And Zylo Marshall told us that you died. He

24 thought you died. So we were looking to confirm

25 that.

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1 That's why -- because we left a message

2 on your phone number and never got a callback. So

3 then we tried to contact your children to see if

4 what Zylo Marshall told us, that you died, was true

5 or not?

6 A. I don't know how he got the idea that I

7 died. I am a very sick guy.


9 A. Couple of times I was real --

10 Q. You asked me why I called your son and

11 left a message, and that's why, because he told us

12 that you had died.

13 A. There's no need to -- the only ones

14 that was involved with Allan was Robert when we

15 went to visit him, and it was terrible what

16 happened. It was really a pity what she did.

17 Q. Were you ever close with Lois when she

18 was growing up?

19 A. No.

20 Q. Never?

21 A. When? I was not close to her at all.

22 All I did was -- because there were two people that

23 were blood relatives of Allan's, Brian and Lois.

24 Q. I'm talking about when she was a young

25 child, not later on in life.

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1 A. Close; no.

2 Q. You said that your kids loved Allan?

3 A. Because my kids were in touch with him

4 throughout his whole life. I was not in touch with

5 Lois throughout her whole life. But when she was a

6 young girl with her sister, I wasn't close with

7 them, but they were friends; the children of my

8 friends. That's as far as we went.

9 But I know in the past, later on they

10 didn't get along, Robert and -- Lois and Al did not

11 get along.

12 Q. And what time period did Lois and Allan

13 not get along, that you believe?

14 A. That I believe, I would say -- she

15 lived in California. I would say, I believe, most

16 of the time that she lived out there in California.

17 Q. Okay.

18 A. Because they just, you know, didn't get

19 along.

20 Q. And then after Carol --

21 A. Did you ever meet her, Lois?

22 Q. I can't answer any questions. I am

23 here to ask the questions.

24 A. Go ahead.

25 Q. Then after -- you testified earlier

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51

1 today you had a conversation with Allan where you

2 recommended to Allan that Lois come take care of

3 him.

4 A. Yes.

5 Q. When did that conversation take place?

6 A. The date I don't know.

7 Q. How about the year?

8 A. Before, before she came down. Maybe

9 about six months before she came to Florida, maybe

10 three months, because I saw he needed help. And as

11 much as I would have loved to help him I just

12 couldn't do it.

13 I mean, the kind of help he needed was

14 daily doctor's appointments, and what have you.

15 And Brian would have been glad to do it, but Brian

16 has a problem. I don't know if you know the

17 problem he has, okay. So he couldn't drive. He

18 can't.

19 So the only other person left was Lois.

20 I hadn't spoken to Lois for 20 years, 30 years,

21 whatever it is. And I said, Al, get Lois down

22 here. She's your daughter. She'll take care of

23 you. Well, again, within two months I realized

24 what kind of a person she was within two months.

25 Q. After you made the suggestion to Allan

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52

1 to have Lois come to Florida and take care of him

2 what did Allan say to you?

3 A. He was hesitant, very hesitant.

4 Q. He did, didn't he? He asked her,

5 didn't he?

6 A. He was hesitant about it, but he

7 said -- I kind of told him she's the only one you

8 have in your family. You have no family.

9 Allan, I think he was an orphan. I

10 don't know if you know, he had a brother, half

11 brother, you know.

12 Q. Are you aware whether or not Allan did

13 ask Lois to come and help him?

14 A. Yes. He must have.

15 Q. You don't have any personal knowledge

16 of that? Did Allan tell you, "I asked her"?

17 A. I suggested it, and the next thing she

18 comes down. Am I aware of it? I don't know what

19 he said to her or what brought her here. She

20 didn't come voluntarily, I can tell you that.

21 He probably asked her to come down

22 because of the fact that he needed somebody. And

23 as a good friend I felt that that's what the man

24 needed, somebody, a blood relative, his own

25 daughter.

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1 Q. Did Lois take care of Allan?

2 A. As far as I know she took control of

3 Allan.

4 Q. Did she take care of him, too?

5 A. I don't know that.

6 Q. You don't know that?

7 A. No.

8 Q. You don't think -- you are not aware of

9 her taking care of him at all?

10 A. No. I said she took -- when you say did

11 she take care of him, do you mean did she take full

12 care of him; no. I don't believe she did.

13 Q. Do you think she took care of him at

14 all?

15 A. I think she took care of him because of

16 the money she was going to get. She was motivated

17 by the money, in my opinion.

18 Q. That's your opinion?

19 A. That's my opinion. It became apparent.

20 Q. What's your basis for that opinion?

21 A. It became apparent when I saw she was

22 isolating him and isolating him, and restricting

23 everybody, and fighting tooth and nail, that she

24 didn't want me to see Al.

25 Q. Do you know why she --

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1 A. Yes, because I was an undue influence

2 on Al. That's the reason. And she kept saying,

3 why are you butting into my family; you know, what

4 have you got to do with my family. You're not

5 family.

6 Then she would tell me something, how

7 do you know Brian and Denise. I said they spent

8 some time in my house. I had them -- she said,

9 what are you talking about. You only known them

10 for a couple of hours. I said, what are you

11 talking a couple of hours.

12 She stayed in my house until she found

13 a job and a place to live because she was a

14 fugitive. She was a fugitive running away from her

15 husband. So at that point --

16 Q. That was 25 years ago, correct?

17 A. He was nine years old. About that.

18 Q. A long time ago?

19 A. Yeah.

20 Q. Now --

21 A. I am not finished with the answer.

22 Q. Go ahead.

23 A. She accused me of not knowing, but Al

24 was there. I said you're wrong. They stayed, you

25 know, at the house. And she refused to admit it.

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1 She warned me within weeks of him

2 coming down here that she is going to abandon him,

3 if I see him when she accused me of butting into

4 their lives, because I've only known Denise and

5 Brian for, like, a couple of hours, and refusing --

6 even her father said, no, it's true. They stayed

7 there. I gave them a room. This is -- I realized

8 what kind of person she was.

9 Q. You didn't like Lois, did you?

10 A. At first I didn't care. I wanted

11 her -- I was so happy she came. But like I'm

12 saying, she said, you stay away from my father, and

13 if you don't, I'm going to abandon him.

14 I said, what do you mean you're going

15 to abandon him, he's your father. She said, well

16 you stay away. I said, well, I'm not going to stay

17 away. If Al tells me to stay away, I will. That

18 was within weeks after she came down here.

19 Q. That was within weeks?

20 A. Yes, within weeks.

21 I went to her house and I convinced him

22 let's go dancing. I'll take him to a place where

23 you dance and all that. Then we made a date. We

24 met. And at the dance, while he was dancing with

25 somebody else, she took me aside and she said, you

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1 stay away from my father. Don't -- butt out of --

2 butt out of our lives, and so on, and if you don't,

3 I'll abandon him.

4 I said -- and he'll suffer. That was

5 my first, my first encounter where I started to

6 dislike her.

7 Q. At that dance did you all go together

8 in the same car or did you go in separate cars?

9 A. No. We met. They came from Palm Beach

10 and I came from Hollywood.

11 Q. When you first saw them at the dance in

12 the building --

13 A. Yeah.

14 Q. -- did you say hello to Lois?

15 A. Of course.

16 Q. Did you say anything derogatory to her?

17 A. No.

18 Q. Nothing at all?

19 A. When I first saw her?

20 Q. When you first saw her.

21 A. No. Allan was -- Allan left us to

22 dance with somebody.

23 Q. I heard you.

24 A. That's when -- while he was dancing is

25 when she warned me, stay away from my father.

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1 MR. MARSHALL: I want to take a break.

2 Can we?

3 MR. POLLOCK: We can take a two-minute

4 break.

5 (Whereupon, a recess was had at 1:36.)

6 BY MR. POLLOCK:

7 Q. Jack, I am going to go back over some

8 of the testimony that you gave since we started

9 this deposition today. When you discussed your

10 bumping into Rita about a month ago and you

11 discussed the case, you testified today that you

12 commented that Zylo is trying to get what he

13 deserves and you don't blame him. Is that a

14 statement that you made to Rita?

15 A. It's possible. Not those words, but in

16 essence what Al wanted him to have.

17 Q. Did Allan specifically tell you what he

18 wanted Zylo to have?

19 A. Yes.

20 Q. What did he tell you?

21 A. He said two things, he'll be treated --

22 Q. I'm sorry. What?

23 A. He'll be treated like my daughter, the

24 same way I would treat my daughter. And he'll be

25 well taken care of.

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1 Q. Did Allan tell you specifically how

2 much money he was going leave to Zylo?

3 A. No, only if -- I said the same

4 amount -- the same way he would treat Lois, the

5 same, in par with Lois.

6 Q. When did he say that to you?

7 A. Remember I told you we went for a walk

8 by ourselves?

9 Q. Yes.

10 A. At that time we were talking about the

11 whole thing.

12 Q. So, that was before Lois came down to

13 Florida or after?

14 A. No, no, it was after she came down.

15 That's after I -- about a year after she came down

16 and I brought it up. Because by seeing what she

17 was doing I thought she was untrustworthy.

18 Q. But Allan never said to you that he was

19 going to leave a certain amount of money to Zylo,

20 correct?

21 A. No.

22 Q. Are you aware whether or not Allan had

23 executed trusts or wills?

24 A. Yeah. He told me that he did.

25 Q. He did?

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1 A. Yeah.

2 Q. And did he tell you when he executed

3 those trusts and wills?

4 A. Well, at the time it might have been,

5 again, right after Lois came down. She came down

6 in 2005, I think. Let me see when she came down.

7 Q. No. We will get to that later. Jack,

8 I don't want you to look at that letter yet.

9 A. Okay.

10 Q. I am going by your recollection.

11 A. Well, my recollection, I need it to

12 refer to it. This is where any memory --

13 Q. We can refresh it if we need to later.

14 I am trying to understand your personal knowledge.

15 A. All right, okay. This was a time

16 about, again, like a year, more or less, after she

17 came down.

18 I saw -- I figured out, by the way she

19 was behaving, the things she was saying and doing,

20 that she is not to be trusted with him. He's going

21 to trust her to see to it that Brian is taken care

22 of according to his will.

23 But evidently something happened

24 between that time and the last trust they made,

25 completely changed. That's all. I wasn't aware of

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1 the changes. I wasn't aware that they were making

2 changes.

3 I thought, you know what, maybe, maybe,

4 she will do it. So whom I, you know, but evidently

5 it didn't work out that way.

6 Q. Did you have any conversation with

7 Allan Haymes regarding any trust agreement that he

8 executed in 2005?

9 A. That's -- I think that's -- is that

10 when she was here?

11 Q. I don't know the answer to that.

12 A. I don't remember. Well, you asked me

13 if I had a conversation with him about his trust?

14 Q. Yeah.

15 A. Other than the fact that he said Brian

16 will be taken care of.


18 A. Aside from that, I don't know the dates

19 that it happened or referred to which trust, I

20 don't know which trust he had.

21 Q. So, besides Allan telling you that

22 statement --

23 A. Yeah.

24 Q. -- that Brian will be taken care of --

25 A. Yes.

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1 Q. -- did you have any other

2 discussions --

3 A. According to his will, according to his

4 will, whatever the will was at that time. And at

5 that time, I don't know exactly what the thing was,

6 but he said something that he'll be taken care of

7 the same way as my daughter, my other daughter,

8 that he would be taken care of. Something about my

9 daughter. I mean, the exact words --

10 Q. Okay, but my --

11 A. You know, I wasn't worried about it

12 after that.

13 Q. Well, it's not your family. It's not

14 your money.

15 A. Again, you know I told you it's not the

16 right thing. It's my opinion.

17 Q. You never saw a copy of Allan's trust?

18 A. No.

19 Q. You never saw a copy of his will?

20 A. No. Hold it. I take that back. I saw

21 a copy of it today.

22 Q. Okay, prior to today --

23 A. No.

24 Q. -- never saw it?

25 A. No, never. I just saw it a little

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1 while ago.

2 Q. You never spoke to any of the lawyers

3 that drafted Allan's trust or will, correct?

4 A. I don't know. I don't remember.

5 Q. Did you ever speak to any of the

6 witnesses or individuals who witnessed Allan

7 signing any trust or will?

8 A. I don't believe so.

9 Q. You're not aware of the contents of any

10 of the trusts or wills that Allan signed, correct?

11 A. Up until today?

12 Q. Up until today.

13 A. Yeah, I was not aware, other than what

14 he told me. But other than what Allan told me

15 how he's going to--

16 Q. How he's going to provide for Zylo?

17 A. And he told me that Lois will do right

18 by him. I'm not worried about it.

19 Q. Do you have a personal opinion, Jack,

20 as you sit here today, as to what you believe Zylo

21 deserves?

22 A. According to what Al said? My opinion

23 has to stem from what Al told me. That's all.

24 Q. Do you have a personal opinion

25 yourself, Jack Levy, sitting here today, do you

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1 have a personal opinion as to what Zylo Marshall

2 deserves, in your opinion?

3 A. In my opinion, I don't know. It

4 depends on his estate, what it's worth. As a

5 matter of fact, I'm curious to know.

6 You never told me what his estate was

7 worth. They never gave me -- told me anything

8 about it, so how am I going to know?

9 Q. As you sit here today --

10 A. I can't come to a decision unless I

11 know the facts.

12 Q. As you sit here today, you're not aware

13 of what Allan Haymes' estate is worth?

14 A. No. No.

15 Q. Mr. Marshall didn't tell you?

16 A. He told me what somebody told him, but

17 nobody proved his whole estate, I don't believe --

18 I don't believe that everything Al had in his

19 estate while he was alive.

20 What I'm curious to know, and this is

21 where my antenna starts questioning, how -- his

22 daughter came down here in a certain year, and what

23 every piece of property that they owned, or she

24 deposed of, what have you, is there a record of

25 that? I don't know, but there should be. There

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1 should be to ascertain the value of his estate.

2 You should have the closing statements

3 of every transaction that man did while he was --

4 before she came, and what happened after she came.

5 And prior to his death, what was left over, and

6 where did the rest of the money go while she was

7 here. There should be a record of that.

8 And if you gave me those, that

9 information, then I could tell you what I think the

10 estate was worth. Otherwise, nobody knows. It's a

11 blank. It's a question mark. Why you don't have

12 it, I don't know.

13 I don't see why they don't have all the

14 closing statements of all the properties that he

15 owned since 2000. They should be able to supply

16 that to decide what his estate is worth.

17 I don't know. I never saw any papers

18 on it, so I can't make an opinion on it.

19 Q. Okay.

20 A. I can't answer any questions; right? I

21 can't ask you any questions?

22 Q. Not during the deposition. Did your

23 friendship with Allan Haymes ever change?

24 A. Never.

25 Q. You considered him a close friend up

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1 until the day he died?

2 A. Absolutely. And I still consider him a

3 friend, that's why I'm here.

4 Q. What?

5 A. I still consider him a friend. That's

6 why I'm here.

7 Q. Did you ever give Allan any advice on

8 any of his business dealings?

9 A. Yeah. We discussed, you know, what was

10 doing, and he's given me advice on the deals that I

11 was involved in.

12 Q. As we sit here today what is the last

13 conversation or meeting that you had with Allan, do

14 you remember?

15 A. Yes. The day he died.

16 Q. Do you remember the date?

17 A. No. The day he died.

18 Q. Do you remember the year that he died?

19 A. What year?

20 Q. Yeah.

21 A. I can't pinpoint the year. All I know

22 is that -- what happened was -- you want to know

23 what happened?

24 Q. We'll get to that.

25 A. Okay.

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1 Q. I just want to know if you knew the

2 year that he died.

3 A. You can find that out.

4 Q. And as you sit here today, you don't

5 recall?

6 A. I don't recall the date that he died,

7 no.

8 Q. Were you there the day that he died?

9 A. Yes.

10 Q. Did you speak to him?

11 A. Yes.

12 Q. What did you speak about? Do you

13 recall?

14 A. The problem was he was in the, at that

15 time, his death bed, and I went in. First I went

16 in to see Al. Lois and Rita were in the room, one

17 room and she told me -- she called me to tell me I

18 should come up and see Al because he's very sick.

19 Q. Lois called you --

20 A. Yeah.

21 Q. -- and told you to come and say

22 good-bye?

23 A. Yeah. But that took, I don't know how

24 many months passed where I did not see him, she

25 would not have me see him. I went in the room

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1 alone, and as I spoke to him I felt he heard me

2 because his eyes were moving, you know.

3 So I came back and I told her that I

4 think he -- you know, I think he understood what I

5 was saying. She said, good. Let's go in and tell

6 him that we're friends. Everything is fine. I

7 said all right.

8 I started to walk in, and I said, hold

9 on. I don't want to do that. She said why not. I

10 said you mistreated that man all these years, and

11 whatever it was, you don't deserve me telling your

12 father that so you should -- your conscious should

13 be clear, and I turned and walked out. In the

14 meantime he was dead. It was too late anyway. And

15 it was months before she even contacted me before

16 he was dying.

17 And what I still don't understand is he

18 was in a nursing home and went directly to hospice.

19 That's not the way it works. He went from one

20 place to hospice, and in between they usually have

21 the nursing facility that they put him in. So that

22 didn't happen. And I questioned that. But it's

23 water under the bridge now. But that's probably --

24 that was the period that I could not see him, and I

25 didn't know what was going on in his life. She

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1 wouldn't let me know.

2 She was that way at that time. I still

3 question that. Why

jack levy's deposition (part 1)

Documents

i dont

estate of allan haymes

deposition of jack levy

verbal answer

shendell pollock

state of florida

jack levy4

deposition im