KOMATSU V.

TURNBURY VILLAGE, LT-6104/15 1

THE FOLLOWING IS A TRANSCRIPTION OF PRIVATE AUDIO
RECORDING PROVIDED BY MR. KOMATSU, WHO STATED
THAT THE RECORDING WAS MADE ON 7/10/2015, START-
ING AT 1:03 PM. THE TRANSCRIBED PORTION OF THE
RECORDING STARTS AT 1:40:56 AND LASTS ABOUT 8
MINUTES AND 43 SECONDS.

THIS RECORDING IS OF AN INSPECTION OF MR.
KOMATSU’S APARTMENT CONDUCTED BY JUDGE CLFTON A.
NEMBHARD OF THE HOUSING COURT OF THE QUEENS
COUNTY CIVIL COURT, INDEX NUMBER 6104/2015.

ACCORDING TO MR. KOMATSU, THE FOLLOWING PARTIES
WERE PRESENT IN THE APARTMENT DURING THE INSPEC-
TION, AND HE HELPED TO IDENTIFY THE SPEAKERS ON
THE RECORDING:

- MR. KOMATSU

- JUDGE NEMBHARD

- A MALE COURT OFFICER ASSIGNED TO THE
QUEENS COUNTY CIVIL COURT WHO HAS A BADGE
NUMBER OF 6814 (HE CAN BE HEARD IN THE
RECORDING TELLING MR. KOMATSU NOT TO
VIDEOTAPE THE INSPECTION).

- A FEMALE COURT OFFICER ASSIGNED TO THE
QUEENS COUNTY CIVIL COURT WHO HAS A BADGE
NUMBER OF 3119 (SHE CAN BE HEARD IN THE
RECORDING TELLING JUDGE NEMBHARD THAT SHE
WANTED TO SEE IF MR. KOMATSU’S PHONE WAS
TURNED ON).

- JUDGE NEMBHARD'S COURT CLERK.

- CONSTANTINE PAPAMICHAEL, A REPRESENTATIVE
OF THE FORMER LANDLORD, TURNBURY VILLAGE
LLC.

- SHARON COOK, TURNBURY VILLAGE’S ATTORNEY
(SHE CAN BE HEARD IN THE RECORDING SAYING
THAT THE TENANT IN 5K WAS WAITING FOR
SOMEONE TO GO DOWN TO THAT APARTMENT TO
FLUSH THE TOILET).
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 2

(BEGIN TRANSCRIPTION AT 1:40:47)

(BELL RINGING -- DOORBELL?)

(INAUDIBLE GREETINGS AT DOOR)

MR. KOMATSU : I wasn’t expecting this

many people.

(COURT OFFICER 6814) : This is how we do

it. Anyone else in the apartment?

MR. KOMATSU : Uh, no, just me.

(COURT OFFICER 6814) : Any animals, dogs,

anything?

MR. KOMATSU : Uh, no, but basically

the inspection was only for the judge.

(COURT OFFICER 6814) : We’re going to take

our time (INAUDIBLE)

(INAUDIBLE CROSSTALK)

MR. KOMATSU : I’m sorry?

: (INAUDIBLE)

MR. KOMATSU : Right, but I’m saying,

the agreement wasn’t between my landlord’s

attorney or anyone else (INAUDIBLE)

(COURT OFFICER 6814) : All right, c’mon,

let’s just take a look.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 3

MR. KOMATSU : (INAUDIBLE) I mean, if

there is an agreement (INAUDIBLE) here. So, I’m

not getting (INAUDIBLE) what I agreed to.

(COURT CLERK) : The judge’s orders, sir.

(THE COURT?) : Right, right.

(INAUDIBLE)

(INAUDIBLE BACKGROUND CONVERSATION)

MR. KOMATSU : This is my apartment

(INAUDIBLE)

(UNKNOWN PARTY): (INAUDIBLE)

MR. KOMATSU : I do.

(SOUND OF FOOTSTEPS)

(LONG INAUDIBLE SECTION)

MR. KOMATSU : The bottom line is,

this is private property.

THE COURT : Yes or, yes or no? You

told me you did--

MR. KOMATSU : I did, however, we

reached an agreement in court--

THE COURT : It’s not open to debate,

sir. (INAUDIBLE -- how we inspect--

MR. KOMATSU : If you’re acting outside

the bounds of that agreement, then (INAUDIBLE)

(UNKNOWN PARTY): (INAUDIBLE)
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 4

MR. KOMATSU : -- you agreed to an on-

site inspection today, Judge--

THE COURT : That’s why I’m here.

MR. KOMATSU : At 2:00 o’clock, not

3:00 o’clock, not 4:00 o’clock...

THE COURT : Mr. Komatsu, I’m going

to ask you one more time: are you going to allow

me access?

MR. KOMATSU : I am.

THE COURT : Okay.

MR. KOMATSU : The point is--

(INAUDIBLE CROSSTALK)

(COURT OFFICER 3119) : Are you going

to allow me access? Can we have the access?

THE COURT : We’re here for about

(INAUDIBLE) all right?

(COURT OFFICER 3119) : So you’re

allowing me access, so (INAUDIBLE)

(INAUDIBLE CROSSTALK)

MR. KOMATSU : There’s a First

Amendment, so I’m exercising (INAUDIBLE)

THE COURT : Mr. Komatsu, again,

we’re not here to debate. We’re here to listen to

these noises. That’s all.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 5

(INAUDIBLE CROSSTALK)

THE COURT : For the last time, are

you allowing us access?

MR. KOMATSU : I am.

THE COURT : All right. So that’s

all.

MR. KOMATSU : You asked me a question,

and I answered it.

(COURT OFFICER 3119) : Okay, so

you’re allowing access, thank you so much. Come

on in, Judge.

THE COURT : Thank you.

MR. KOMATSU : I should also point out

that there was work being done this morning, um,

at, between 9:00 and 10:00, basically preventing

you from being able to witness this first-hand.

I’ve got audio and video recordings confirming

it.

THE COURT : All right. We’re here

(INAUDIBLE)

(INAUDIBLE CROSSTALK)

MR. KOMATSU : Right. I mean, the

bottom line is, there’s a, you know, a trigger,

so if no one’s using the plumbing in some other
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 6

apartment that’s causing the event, then you

can’t confirm it. So--

MS. COOK : The tenant in 5K is waiting

for someone to come down and flush the toilet.

(INAUDIBLE CROSSTALK)

MR. PAPAMICHAEL : Yes.

MS. COOK : You want to go now? All

right (INAUDIBLE)

(COURT OFFICER 6814) : Do you want me

to go out with them, or--?

MR. PAPAMICHAEL: You know what? When I’m

downstairs, knock on the floors, the toilet will

flush.

MS. COOK : Okay.

(EXTENDED INAUDIBLE CROSSTALK)

(COURT OFFICER 6814) : You can’t, can’t

tape.

MR. KOMATSU : Actually, it’s my

apartment, so I (INAUDIBLE)

(CONTINUED INAUDIBLE CROSSTALK)

MR. KOMATSU : No, I’m the leaseholder

(INAUDIBLE) tape as evidence.

(LOUD WHOOSHING SOUND)

THE COURT : I’m here (INAUDIBLE)
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 7

(CONTINUED INAUDIBLE CROSSTALK)

(COURT OFFICER 6814) : If you take

off (INAUDIBLE)

MR. KOMATSU : I need it, I need,

(INAUDIBLE). The bottom line is this. If you

issue a decision that I wish to appeal, I find

evidence (INAUDIBLE)

THE COURT : It’s going to be based

on my judgment (INAUDIBLE)

MR. KOMATSU : I understand that.

(INAUDIBLE CROSSTALK)

MR. KOMATSU : (INAUDIBLE) application

to the New York State Appellate Term (INAUDIBLE)

THE COURT : It’s going to be based

on my judgment, on what I observe. Right?

MR. KOMATSU : All right.

THE COURT : And if the Appellate

Term or the Appellate Courts want to overturn me,

based on my personal, based on-- listen to me--

MR. KOMATSU : (INAUDIBLE)

(COURT OFFICER 3119) : One second,

listen to the judge--

THE COURT : Based on my

observations...
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 8

MR. KOMATSU : (INAUDIBLE)

(COURT OFFICER 3119) : Go ahead,

Judge.

THE COURT : Sir, sir, if it’s going

to be a problem, I can go back to the courthouse

MR. KOMATSU : No, but do you

understand my--

THE COURT : No, no, I don’t

understand, I don’t understand, (OVERTALKING) no,

listen to me--

MR. KOMATSU : No, no-- (INAUDIBLE)

THE COURT : You asked me a question.

I don’t understand.

MR. KOMATSU : (INAUDIBLE)

(COURT CLERK) : (INAUDIBLE) the judge is

talking--

THE COURT : Mr. Komatsu, you asked--

(COURT CLERK) : This is the deal--

THE COURT : Mr. Komatsu-- Mr., Mr--

MR. KOMATSU : No, you are inspecting

in my own apartment--

(COURT OFFICER 3119) : Judge, you

know what--
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 9

THE COURT : We can leave your

apartment. You have the right. You’re right, this

is private property.

(INAUDIBLE CROSSTALK)

MR. KOMATSU : What is happening here.

You guys are barging into my apartment.

THE COURT : Okay, if you feel that

we’re barging in--

MR. KOMATSU : No, basically the

agreement was that, with you (INAUDIBLE) I was

here (INAUDIBLE) asked, I got a call from the

court saying (INAUDIBLE)

THE COURT : Right.

MR. KOMATSU : So, basically, that’s

what (INAUDIBLE). So then at 3:00 o’clock you and

your party show up.

THE COURT : Right.

MR. KOMATSU : You come, you--

THE COURT : What is your point, Mr.

Komatsu?

MR. KOMATSU : The point is--

THE COURT : Are you going to give me

access to listen?

MR. KOMATSU : I am. But if you’re--
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 10

THE COURT : So then what is all of

this about?

MR. KOMATSU : No, the point is--

THE COURT : No, what is all of

this about?

MR. KOMATSU : You asked me a question,

I’m trying to answer it. Right now, I’m preparing

an appeal, because Judge Lansden chose not to

enforce the law. He’s the Supervisor of Housing

Court (INAUDIBLE)

THE COURT : What does that have to

do with me being here to listen (INAUDIBLE)?

MR. KOMATSU : Let me answer your

question. The fact is, I have someone in your own

courthouse who’s choosing not to enforce the law.

In Housing (INAUDIBLE)

THE COURT : What does that have to

do with --

MR. KOMATSU : So that’s a precedent

(INAUDIBLE)

THE COURT : What, no, what does that

have to do with me being here today to observe

these (INAUDIBLE)?
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 11

MR. KOMATSU : What it has to do with

is if you choose not to enforce the law, if you

choose not to issue violations when conditions

warrant, then I need evidence to substantiate my

(INAUDIBLE).

THE COURT : Again, you... again.

(OVERLAP) If, if anybody, if the Appellate Term

wants to overturn my decision based on my

personal objections (INAUDIBLE) let them feel

free. All right? Again, I’m not interested --

again, you have the --

(COURT OFFICER 3119) : May I say--

excuse me-- one second, Judge, I want to know if

his phone is on. Can you bring your phone in

front of you?

MR. KOMATSU : This is personal

property. (INAUDIBLE)

(COURT OFFICER 3119) : No, no-- I

want to know if it’s on, because it’s (INAUDIBLE)

to be taping (INAUDIBLE)

MR. KOMATSU : It’s on.

(COURT OFFICER 3119) : It’s on?

Okay, Judge (INAUDIBLE) it’s on.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 12

THE COURT : Mr. Komatsu, if you

don’t move the phone, you waste my time, and my

staff’s time (INAUDIBLE). Okay, I’m here for, I’m

here for one purpose. Whatever, whatever appeals-

-

MR. KOMATSU : You’re telling me to

disregard my (INAUDIBLE)

THE COURT : No, I’m telling you that

whatever, whatever decision and order you are

appealing from Judge Landsden has nothing to do

with what I’m, why I’m here--

MR. KOMATSU : I understand that.

(INAUDIBLE)

THE COURT : Well, if you understand

that, then stop-- don’t tell me no. Don’t tell me

no.

MR. KOMATSU : What I’m trying to say

is--

THE COURT : I’m not, I’m

not, listen to me, I’m not here to hear what

you’re trying to say. (1:46:46) I’m here to

observe and listen for certain noises.

MR. KOMATSU : Right.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 13

THE COURT : That’s all I’m here for.

Not what you’re here to tell me today. All right?

Thank you.

(COURT OFFICER 3119) : Did the other

person go get--

MR. PAPAMICHAEL: Downstairs.

(INAUDIBLE CROSSTALK BETWEEN MULTIPLE PARTIES)

(COURT OFFICER 3119) : I have a... I

want to make sure that’s not recording.

MR. KOMATSU : That’s my personal

property.

(CONTINUED INAUDIBLE CROSSTALK)

(COURT OFFICER 6814) : I’m not going

to touch it, just have to make sure it’s off.

(COURT OFFICER 3119) : Just leave in

here (INAUDIBLE) we won’t touch it.

(CONTINUED INAUDIBLE CROSSTALK)

THE COURT : Are you recording?

(COURT OFFICER 3119) : Just put it on

the table, we’re not going to touch it.

(INAUDIBLE)

THE COURT : It’s on.

MR. KOMATSU : The screen’s on but the

button wasn’t pushed.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 14

(COURT OFFICER 3119) : Put it on your

desk (INAUDIBLE)

MR. KOMATSU : You’re not going to tell

me what to do in my apartment.

(COURT OFFICER 3119) : I’m just

saying, we have to see it--

THE COURT : Mr. Komatsu, Mr.

Komatsu, Mr. Komatsu--

(COURT OFFICER 3119) : Put it

somewhere, anywhere you choose.

MR. KOMATSU : How many times do I have

to make the same statement? (INAUDIBLE)

THE COURT : Mr., Mr., Mr., Mr.

Komatsu. If you, if you-- (INAUDIBLE)

(INAUDIBLE CROSSTALK)

(COURT OFFICER 3119) : Go ahead.

(INAUDIBLE)

MR. KOMATSU : I don’t appreciate

someone dictating to me how to use my apartment

(INAUDIBLE), in my own residence.

THE COURT : I thought the parties

wanted me to come here.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 15

MR. KOMATSU : That’s not in dispute

here. What’s in dispute is your colleague

(INAUDIBLE)--

THE COURT : Sir, I have no dispute

here.

MR. KOMATSU : --dictating to me--

THE COURT : Because that’s, that’s,

that’s the procedure. I’m sorry if you don’t

agree with it --

MR. KOMATSU : Just imagine if someone

came into your home--

THE COURT : It’s, it’s not a

question of me imagining anything. It’s the

procedure.

MR. KOMATSU : (INAUDIBLE)

THE COURT : No, it’s not. That’s the

procedure. Because we’re (INAUDIBLE)-- I’ve heard

enough. I’ve heard enough.

MR. KOMATSU : Fine.

THE COURT : I didn’t come here to

listen to you today-- (1:48:12)

MR. KOMATSU : With all due respect--
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 16

THE COURT : --I came here to listen

to (INAUDIBLE) -- right, I came here to listen to

the toilet. So, again--

MR. KOMATSU : But if you--

THE COURT : No, no but, I came here

to listen to the toilet.

MR. KOMATSU : If you’re going to tell

me that--

THE COURT : Why am I here

today? I’m not here to hear you speak today,

sir. (1:48:28) I’m sorry that if you’re under the

impression that I came here to listen to your

arguments today, you’re sorely, sadly mistaken.

(1:48:29) I came here--

MR. KOMATSU : I’m not saying that at

all.

THE COURT : (INAUDIBLE) Were you

under the impression that I came here to listen

to oral arguments from you today?

MR. KOMATSU : No (INAUDIBLE)

THE COURT : Then stop. Stop.

MR. KOMATSU : All I’m saying--

(INAUDIBLE) I was going to be bossed around in my

own apartment.
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 17

THE COURT : Well, I’m sorry that you

feel you’re being bossed around--

MR. KOMATSU : This tape is totally

clear.

THE COURT : --but again, you’re,

you’re not exempt from the rules, everyone else

has to follow the rules, so do you. I’m sorry you

don’t, I’m sorry you don’t feel that way--

MR. KOMATSU : (INAUDIBLE) People have

the right to do what they want within the bounds

of the law in their home (INAUDIBLE)

THE COURT : All right, but when you,

when you request an inspection-- (INAUDIBLE)

MR. KOMATSU : They don’t have to give

up those rights, they do not have to (INAUDIBLE)

THE COURT : Sir, sir, sir... You

know what? At this point--

MR. KOMATSU : (INAUDIBLE) I’m saying

I’m not recording, do whatever.

THE COURT : So you’re stating that

you’re not recording?

THE COURT : What am I here to do?

MS. COOK : All right, so...
KOMATSU V. TURNBURY VILLAGE, LT-6104/15 18

MR. KOMATSU : Let me double-check, I

had something recording in there, so (INAUDIBLE)

THE COURT : Oh, you did have some

(INAUDIBLE)

MR. KOMATSU : This is not recording,

this is what I’m talking about. (SIGH, CRACKLING

SOUND, END OF RECORDING AT 1:49:39)
I, Denise Hidalgo of A+ Office On Call, Inc.,

certify that the foregoing transcript of events recorded

and provided by Mr. Towaki Komatsu, described by him as

being taped on July 10, 2015 during a judge’s inspection

of his apartment, together with several other parties

named on page one of this transcript and identified in

the transcript with the help of Mr. Komatsu, was prepared

using the required transcription equipment and is a true

and accurate record of the events.

Signature:

Agency Name A+ Office On Call, Inc.

Address: 336 East 87th Street, #B1, New York, NY 10128

Date: November 18, 2015

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