Q: The first was that he told him I wanted to shorten the lease period, you weren't there, but only afterwards did he ask you to call to explain.
A: I don't remember exactly if I was in that conversation.
Q: You don't remember. Okay. Now look, in paragraph 7, read it to yourself for a moment, to your affidavit, and also to 8, did you read?
A: Okay.
Q: So now I asked you when this call was?
A: In early January.
...
Adv. Galeb: Now, until then, do you know how long the rent has been paid regularly? Only if you know.
A: In order?
Q: In their order, fully and completely. Do you know or don't know?
A: Until March
Q: How do you know that?
A: From Vitaly's Conversations
Q: You didn't see it.
...
A: I was not involved in transferring money to Yoav.
Q: Nice. Many thanks Excellent. I mean, all you know about money transfer is from what Vital told you.
A: Makes sense
Q: Makes sense? It doesn't make sense, is it right or wrong?
A: That's true because I'm not Vitaly's wife, I'm a guarantor"
- From what has been said, it appears that Mr. Artyom does not remember whether he was in the conversation in which Vitaly announced his desire to terminate the second lease period before the contractual date, and this is in complete contradiction to Vitaly's testimony. In contrast to this testimony, Artyom's arguments are in paragraphs 6-7 of his affidavit, where he claims:
"In the same phone conversation between me and the landlord, I explained to the landlord that Vitaly had been fired from his job, and that he was having financial difficulties... and that Vitaly wants to end the lease...
In that conversation, I explained to him that since Vitaly had an obligation, I asked for a copy of the agreement...
After I came back and said that Vitali was in a serious condition, he asked to give at least 4 months."
This is inconsistent with Artyom's testimony that he does not remember whether he was present at this conversation or not. This contradiction is up to Vitaly.
- Scheiner, on the other hand, argued that such notice was never given by Vitaly – see p. 3 of the transcript, line :
"Q: Okay, do you confirm that the defendant informed you 4 months in advance that he intended to leave the apartment and that he had financial difficulties and that it was difficult for him to afford the rent?