Therefore, the parties formulated the solution reflected in section 4 of the second addendum. Partial support for this testimony of Rubinstein can be found in the plaintiff's testimony on page 49, lines 11-14:
Adv. Galt: It sounds like it was on the spot. Did Bayit VeRoof suggest that you change to another of the other garden apartments or cancel the upgrade at all?
The witness, Ms. Golden: Absolutely not. Absolutely not. Beit VeRoof told me, if you don't like it, if there are problems, get the money and go."
I will note that later in her testimony, the plaintiff claimed that the intention was that she would go "in peace with the project" (ibid. line 26). This last statement is not clear and does not come up with the line of logic, since we are not dealing with a person who purchased an apartment in the project and is offered to cancel the purchase agreement, but rather a person who owns an existing apartment in the condominium, who is entitled to receive a consideration apartment in the new house, and from this, it is clear that she cannot be told to leave the project, but as claimed by the defendant - she was offered to receive the money she paid for the upgrade and to forgo the upgrade. After the plaintiff was confronted with this difficulty, she finally explained on page 49, lines 30-32:
"The Honorable Judge Bibi: Wait, no, I can't understand. Wait, second, what is 'take the money and go'? What money?
The witness, Mrs. Golden: The money for the upgrade, the money, I don't know."
And added on page 50 lines 9-10 that she didn't actually understand the statement at the time.
For the sake of completeness and understanding of the plaintiff's choice to continue to adhere to the specific garden apartment, despite the concerns about attaching the entire garden, I find it necessary to bring Rubinstein's testimony in response to this question, on page 73, lines 11-16:
"She wanted this apartment because it was the only apartment that had two open air directions. The apartment, the two other apartments that are in the middle of the buildings, have a garden towards the front and a little to the side, between the buildings. And the fourth apartment is an apartment whose garden is close to the parking ramp. If there was a garden here, it would really be the best apartment. So maybe she preferred to take the risk, hope it works out and stay with the garden, that if she has a garden."