Preview
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 03/22/2019
EXHIBIT-J
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 207 39® RECEIVED NYSCEF: 03/22/2019
Face2
October 5,
2018 2018
O tober 5,
--------------- - . . . . _- .. . A P P E A R A N C E 3:
CNAr:gh ; un 7- .. SUBlNASSOCIATES,LLP
ESTHERDIPfLATO, Attorr,eys
forClaimant
Clairant, 29)Broadway
-acainst- new York,NewYork 10312
By: EICHAPDV. LICATA, ESQ
ALLSTATEINSURANCECOMPANY,
SHORT6 BILLY, P.C.
Respondent. Attorneys forRespondent
-- .-------------------------
____.-- 217 Broadway
NewYet,:,NewYork JG007
217 Broadway 3Y: DAVID BENDIK, ESQ
New York,New York
10
October5, 2018
11
2:20 p.m.
12
3
EXAMINATIONin the above-entitled
matter,at the
d
above dateand time,before DANIELLEDEARY,a
Sctary Publicof theState ofNewYork.
lo
,. 21
\(
22
n
24
25
DEITECourt Reporting...
A Lexitas Company - DEIT2Court Reporting
Angie Depompo A Lexitas
Company
800-678-0166 -/19-667-9484
Page3 Page4
October 5,
2038 2010
October 5,
__ -
DIPlLATO
ESTHEPDIPILATO, thewitness herein,havingfirst understanda question,pleaselet me know and I
been dulysworn by a UctaryPublicof the5tate of will rephraseit. You may censultwithyour
4 New fork,was examined ad testifiedas follows: .1 attorneyat any time except when a questlen
has
EXAMINAT10tlBY alreadybeen posed. In thatcase,please answer
MR. BCNDIK: . the questionfirst. Because we are making a
7 Q Stateyour nane forthe record,please- stenographicrecordof your please
testimony,
EstherDipilato' 8 answer allquestionsverballyand refrainfrom
9 O Stateyour addressfor the record, 9 using hand gestures
or nodding yourhead. If yce
10 please. 10 need a break,justlet me know. Beforewe begin,
11 A 1110 WoodrowRoad, Staten1sland,New 11 may I ask you to
please to turnoff any electronic
12 York 10312 12 devices,includingyour cellphone. Ifyou need to
13 Exhibits
(Respondent's A, B, documents, 13 use yourcell phone,pleaseJat me kr.cw and ve can
14 were marked as icr
identification,as of 14 ta ke a brea k.
Iwill ustask you toanswer any
15 this date) 15 cuestionsthatmay be pendingbeforeyou ask to
16 C. Ms. Dipilato-
Good afternoon, 16 take a break. Before I a:6
must ask you,
we begin,
7 A Cood afternoco 17 you under theinfluenceef any medication,
any
18 Q My name isDavid Bendik. Iam an 18 drugs oralcoholof any kindtoday thatwould
19 attorneywith the law firmofShort & Billy,P C' 19 impairyour ability and answer my
: a understand
20 Wehave been retainedby AllstateInsurAnceCompany 20 questionsfully?
23 to conductthis examinationunder oathtoday 21 A No
22 pursuantto the NewYork StateNe-Faultinsurance 2? Q Have you,sincethe dateof this
23 Law. Iam going tobe askingyou a seriesof 23 accident,signedany paperwork forany T.ypeofloan
2d auestionsabout an accidentthatoccurredon 24 based upon thislitigation?
25 September 1,2016. if at any pcjntyou do not 23 no.
-
Annie DePompoDEITECourt Reporting...
A Lexitas
Compãny - DEITECourt Reporting .
Angie DePompe A Lexitas
718-061-9484 Campany
718-667-9484
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 207 Pace 5 RECEIVED NYSCEF: 03/22/2019
Page6
October 5, 2013 2013
October 5,
I DIPlLATO DIpILATO
2 Q Mave you entered
any kind of Jontract requestedthat theclaimantshow mc proofof
3 where you would2.eceive money ahead of
time, 3 identificat:on.she proffered& driver'slicense
4 pendingthe possibleoutcome ofthislawsuit? ·· as a formof identification..
I've takena
5 A No. as Exhibit
and marked it 1.
5 photographiccopy ofit
o Q What isyour fullname? 6 Ms. Dipilate,can ycu Jock at
this picturethat has
A EstherDipilate- 7 been marked as Allstate
Exhibit1 and tellme if
& G What isyour dateof birth? 8 that isa photographic of
reproduction your
/24/55. 9 driver'slicense?
10 What arethe- last
four digitsof your Yes
10 A
11 SocialSecurity number? 11 Q Inankyou. What isyour current
12 A 4987. 12 address?
13 Have vou everbeen known by any other 13 A 1110 WoodrowRoad, Staten
Jsland, New
14 name, ncluding a maiden name? 14 york 10312
15 A No 15 Q How long at
have you resided this
16 MR. LICATA:Includingyour maiden 16 address?
17 name? Are you married? 17 A 22 vears
18 A Oh, yes,LaRosa· 18 Q Do otherpeoplelive at this addrees
19 Q That was your maiden name? 9 you?
20 A Yes- 20 A Yes.
21 Q No othelnarr.e? 21 Q Who livestherewith you?
22 A No 22 A My husband.
23 Q No otherSocial securitynumber? 23 Q And hisname, please'
21 A No 24 anthony
25 Q Beforewe beginthis examination,I 25 O Samelast name?
-
Angie DePompoDEI'lZCourt Reporting
. A Lexitas Company -
718-667-9434 Angie DePcmpo A Lexitas
DEITZCourt Reporting . Company
7's-667-9404
Eage7 Page8
October 5, 2010 October 5, 2018
DIPILATO UIPILATO
A Yes- husband gotit.
3 O Anybody e3se? Q Was itlonuago? Is ita new ca:?
4 A My son- A No.
5 O And hisname, please? Q· It's a new car?
6 Joseph- r3 A Yeah.
7 Q What a Anthony's
date of birth? / Severalmonths?
Q
10/10/S3. A Yeah.
Q And Joseph? 9 Ma LICATA; offthe record
10 A June 26,'B1. 'e4,'83. Yeah,'93' 10 was held
UShereupon, a discussion off
11 Q Do you currently
own an automobile? 1] the record.)
12 A Yes- 12 own a car?
Do you actually
Q
13 Q What typeof car? 13 A No.
14 A BMW. 1.1 Arc thereother carsin thehousehold?
O
15 Q What year? 15 A My son'scar.
16 A 2015. 16 What typeof ear isthat?
0
17 Q Do you know the
model? 17 A A truck. I don't knew thenameof the
18 A I de not- 18 truck.
19 Q Four-door,two-door? 19 Q Year oranything?
20 A Four-door do not know.
20 A No, I
21 Q And I presume your
auto arsuranceis 21 HR L CATA: You answered truck.That
22 Allstate? 22 is enough.
23 A I believeso. Are there typesof cars in
23 Q any other
24 Q And how longhave you owned th2s
car? 24 the family?
25 n I don'tremember. I don't knew when my n A No.
Annie Defampo-
DEIT2Court Reporting..,
A Lexitas
Company ArgicDeP¤rpc- A Lextics
CETECD-:rt Repertir.g Ocmpany
718-667-9484 718-66 -94d<
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 207 Page9 RECEIVED NYSCEF: 03/22/2019
Pace10
October 5,
2016 October 5, 2016
DIPILATO DIFILATO
Q And who isthe registeredowner ofthe autemchaleaccidentprior to September 1,
2016?
car thatyou were inthat was involvedinthe A Not thatI recall.
accident? 4 O Have you ever
been invoJvecin any
A I don'tremember. 3 other typeof accident,such as a work accident
or
6 Q Was ityour husband'scar? Nas i?ycar , . or ..
ilke
an accidenton a pieceof property anything
car? Wasit somebody elsecar? 7 that?
6 A It was Fred D'Ottavac. 8 A Going back, I
way, way back, got hitin
9 espondent'sExhibit C, policereport, C the head with--ch, my Gcd, what?A file cabinet.
-0 war markee as foridentifi
cation,as of this 10 Q Did you sustain
any injuryfrom that?
'1 date.) 11 A A concussion.
2 Q Whowas drivinethe vehicleat thetime . . you . .
in thatmatterr
2 Q D1c bring a lowsuit
13 of theacciden t? 13 A I did not.
14 A My husband. 14 Q Wasthat at work?
5 Mowdo you knew theowner of the 5 yes.
6 vehicle? 16 MR. IICATA: Excuse me Wair untilhe
17 A Howdo I knew theowner of the'.mhicle? .. ,
rinishesthe anesticnbecause she can't
get
18 He's a friend. 18 down both.
]9 Q now isit that husband
you and your 13 Q an any other
were you involved tyPe of
20 were inhis vehicle? 20 accidents?
21 A He gave him thecarto use· 21 A 1 was. I'm sorry,I was
22 Q So yourhusband had permission
from 27 Q Okay
23 Mr. D'Ottavicto use thevehicle? 23 A I went through
a window. I don't
d A Yes 24 remember thedate.
25 Q Ead you everbeen involved
inan 25 Q It was an auto
accident?
-
Angle DePompoDEII:Court RepDIting.A Lexitas Company -
Anoie DePompoDEITZCourt Eeporting ñ Lexitas Comp¯ny
718-667-9484 118-6t7-9484
Page12 Pagal?
October 5,
2010 October 5, 2018
1 D1PTTATO DIFILATO
es, itwas. I'm sorry. 2 Q Letme ask thequestion completely,
3 ', That'sckay. 2 that way you know --
yoc'reanticipatingwhat I'm
And itwas a big accident 4 askingyou, so you'regivingme the answer. That's
5 Q Were you driving? 5 great,because thatwill make itmove along
o Yes. T was- 6 quickly. Eat justwait, because Imightask
Q Do you remember approximately
when that ¬ somethingthat you were not
anticipating. So let
E was, tothe best cfyour recollection? A me -- thatway thereporterhas a fullrecord.
9 A About tenyears ago. 4 Okay?
10 Q Did you sustain
injuries in that ]0 MR. LICATA: Thank you,David
11 accident? 11 MR. BENDIK: You'revery welcome.
12 A I did. 12 Q No lcwer Do arms,
extremities, elbows,
13 De you reesilwhat typeof injuries? 13 knees,nothing?
4 Just reallytrauma. 14 A No.
15 O To vourneck? 15 Q Just neck?
16 A yeah. 16 A No.
]7 Q Eack? 17 O Head?
19 A My neck and my back.No, notmy back 19 A No.
19 My neck. 19 O Did you bringa lawsuit
in thatcase?
20 Q Lower extremities? 20 A Yes.
21 A No- 21 0 Did you receive
treatmentafterthe
22 O Knees? Ankle? 22 accident?
23 A No. 23 A No.
24 MR. 11CATA: You'retalkingover him. 2d Q You didn'tgo forphysical thera py,
25 Wait untilhe finishes 25 chiropractic,
surgery,nothing?
-
Ancie DePompoDEITECourt Reporting.A Lexitas Company -
Angie DePompoDEITZCourt Reporting A Lexitas Company
718-66?-9484 716-667-9484
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 207 rage 13 RECEIVED NYSCEF: 03/22/2019
Page14
2018
October 5, Qateber 5,
203B
.._.__.
D1PILATO 1 DIPILATO
2 A Hoth±ng Q Did you see him with
regardsto any
3 Q Have you erce prior
beten hospitalized 3 injuriestha t sustained
yce al.legedly in this
4 tc thisaccident forany injuries,illnessor 4 accident?
5 suraeries? 5 A (es.
6 A No. 6 Q Can tellIre when you did
go to him,how
Q Have you been hospitalized
eincethe 7 lona aftertne accidentwas itwhen you first
went
a accidenttor any injuries,surgeriescrillnesses? 8 to him?
9 A My surgery. A About two weeks, three
weeks afterthe
10 Q That --
was La your 20 accident. A week maybe. /-ibout a week after
the
11 A My knee. 11 accidentI went tosee bim formy knee and my ribs.
12 Q Any othersurgeries? 22 Q Did he previde
any treatmentfor you?
A No. 17 A He suggested1 see an orthopedic
14 Q Do you have a regular physician?
fantily 14 Q Did he referyou toanybcdy?
15 A Yes. 15 A No, he didnet.
16 Q And what isyourdoctor's name? 16 Q Did you everfollowup on that?
17 A Dr. BarryCeka. 17 A Yes, Idid.
le Q located?
Where.i s hi s of ijce la Q Whenwas that,was thatDr. McCul'-och?
19 A Page Avenue inStaten3sland 19 A Yes.
20 O Bow often whenever
do you go see him, 20 Q That was thefirstdoctorthat you went
21 vou'resick? 21 to afterseeingDr. Ceka?
22 A Yeah. 22 A 'tes
23 Q Whenwas the last tjr.ethatyou saw 23 MR. LICATA: And you'relimitingitto
24 him? 24 MD. Your question
limits it toMD?
25 A I don'treme.Ther. 25 MR. BENDIK: Yeah, we'll
get tothe
-
Angle DePompoDEITZCourt Reporting A Lex1tas CMPM' -
Angie DeFompoDEl?2Court ReportingA Lexi tas Company
718-667-943d 718-667-9484
Page15 Page16
2018
October 5, Octaber 5, 2018
DIFI-1.ATO - DIPILATO
rest. 2 Q Okay, what we are
going todo, iswe
MR LICATA: doctor
As t.he first .5 will leavea space 10 therecord. Whenthis
afterwards. 4 transcriptis finished,it'sgoing tobe sent to
the medical
f i rst professional and yourlawyers goingto sit .
crcwn
O Wasthat 5 your lawyer,
6 t.hatyouwent to sinceyou sawDr. Cekaafter th° G and go throughitwith you. What we aregoingto
accident? do i s leave
a itno,a blankspace there,and then
Thertwas anothercoctor 1 went toand when you'rereviewingit, atthat time,assuming
9 I don'treember his name. I don't rememberhis 9 refreshes
you have something that your memory, you
10 name. 10 can fillIn that information
at that time
11 Q How long after1he accidentwas it? A Okay.
12 A Let's see,the acciden--
was in --I 12 (IN5ERT)
13 don'tremember. 13
Okay. kind
Da you know what of doctor the
Were vou employed at . of
t¬_me the
14 Q 14 Q
15 it was? 15 accident?
16 A Yeah, itwas an orthopedicdoctor. 16 A Yes, Iwas.
17 Q So you didgo toanother crthopedist? 17 Q And what was your
job?
18 A Yes. 18 A I was a paraprofessional the
f or Board
19 Q How nany tiraes
didyou see thatdoctor? 19 of e
20 A Twice. 20 what
Whenyou say a paraprofessional,
21 Q rememberhis
You dc·n't name? 21 type of did
ob respons:bilities you have?
22 A T do not 22 A Takingcaleof autisticchildren.
23 g Do you have anyth3nat o at wou
24 refreshyour memory? 24 A No, a para.
25 A Ith:nk I mighthave somethingat horne. 25 Q So you'relikean assistantin the
-
Angic DePompoDEiT2Court Reporting A Lexitas Company Angie DePmpo-DEIT2Court BeportingA Lexitas
Company
718-667-9484 718-667-9464
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 207 Page17 RECEIVED NYSCEF: 03/22/2019
page le
October 5, 201F October 5, 2029
DIFILATO 1 DypILATO
2 classroom? p yes
eS- 3 Q Do you recallwhat day oftheweek it
4 Q How longhad you had thatjob?
17 years. c A No
6 Q Do you stillde thatjob raday? e. Q Do you recallapproximatelywhat time
7 A I do not• 7 of theday it was?
6 Q Whendid you stopworking? g 3c,
9 A March 1st 9 Q Was it --
10 Q Of 2018? 10 A It was inthe afternoon
11 A Yes, 11 Q tus itduring 1he week orduringthe
12 Q Howcome you stopped,you retired? 32 weekend?
13 A Tes. 13 A It was duringtheweek
14 Q Congratulations. Did you miss
any time 14 Q De you remember if
it was inthe
15 from work as a result
of the accident? 15 baqinntryg of
the week, theend ofweek?
16 A Three days 16 A I celieveit was inthe middleof the
-7 Q Did you getpaidfor thosethree days? 17 week.
S• 18 Q And what kindefcar, what typeof cer
19 Q By theschool? 19 were you inat thet-me of theaccident,make,
20 A Yes• 20 model,color, year?
21 0 So there'sno lesswage claimthat 21 A I don'trentember.I don't know
22 yoe'remakincr? 22 Q yee weren'tfamillarwith thevehicle?
23 A No 23 A No.
24 Q Ifereyou invo'.ved
in an automobile 24 Q Was ityour firsttime inthat vehicle?
25 accidenton September 1stof 2016? ys o
gieDe?ompe- DEITEcourtReporting A Lexicas Company -
Angie DeFompoDElTZCourt Péperting A LCtas
718-667-9494 Capa-y
718-SE7-9404
Page19 Page20
Cctober 5, 2010 October 5,
2016
DIPILATO DIPILATO
Q Howoften did you and yourhusband use Q Just husband?
you and your
3 that vehicle.thevehicle thatwas involvedin the A Yes.
4 accident. Q Where were you sitting
Preview
FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 03/22/2019 EXHIBIT-J FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 207 39® RECEIVED NYSCEF: 03/22/2019 Face2 October 5, 2018 2018 O tober 5, --------------- - . . . . _- .. . A P P E A R A N C E 3: CNAr:gh ; un 7- .. SUBlNASSOCIATES,LLP ESTHERDIPfLATO, Attorr,eys forClaimant Clairant, 29)Broadway -acainst- new York,NewYork 10312 By: EICHAPDV. LICATA, ESQ ALLSTATEINSURANCECOMPANY, SHORT6 BILLY, P.C. Respondent. Attorneys forRespondent -- .------------------------- ____.-- 217 Broadway NewYet,:,NewYork JG007 217 Broadway 3Y: DAVID BENDIK, ESQ New York,New York 10 October5, 2018 11 2:20 p.m. 12 3 EXAMINATIONin the above-entitled matter,at the d above dateand time,before DANIELLEDEARY,a Sctary Publicof theState ofNewYork. lo ,. 21 \( 22 n 24 25 DEITECourt Reporting... A Lexitas Company - DEIT2Court Reporting Angie Depompo A Lexitas Company 800-678-0166 -/19-667-9484 Page3 Page4 October 5, 2038 2010 October 5, __ - DIPlLATO ESTHEPDIPILATO, thewitness herein,havingfirst understanda question,pleaselet me know and I been dulysworn by a UctaryPublicof the5tate of will rephraseit. You may censultwithyour 4 New fork,was examined ad testifiedas follows: .1 attorneyat any time except when a questlen has EXAMINAT10tlBY alreadybeen posed. In thatcase,please answer MR. BCNDIK: . the questionfirst. Because we are making a 7 Q Stateyour nane forthe record,please- stenographicrecordof your please testimony, EstherDipilato' 8 answer allquestionsverballyand refrainfrom 9 O Stateyour addressfor the record, 9 using hand gestures or nodding yourhead. If yce 10 please. 10 need a break,justlet me know. Beforewe begin, 11 A 1110 WoodrowRoad, Staten1sland,New 11 may I ask you to please to turnoff any electronic 12 York 10312 12 devices,includingyour cellphone. Ifyou need to 13 Exhibits (Respondent's A, B, documents, 13 use yourcell phone,pleaseJat me kr.cw and ve can 14 were marked as icr identification,as of 14 ta ke a brea k. Iwill ustask you toanswer any 15 this date) 15 cuestionsthatmay be pendingbeforeyou ask to 16 C. Ms. Dipilato- Good afternoon, 16 take a break. Before I a:6 must ask you, we begin, 7 A Cood afternoco 17 you under theinfluenceef any medication, any 18 Q My name isDavid Bendik. Iam an 18 drugs oralcoholof any kindtoday thatwould 19 attorneywith the law firmofShort & Billy,P C' 19 impairyour ability and answer my : a understand 20 Wehave been retainedby AllstateInsurAnceCompany 20 questionsfully? 23 to conductthis examinationunder oathtoday 21 A No 22 pursuantto the NewYork StateNe-Faultinsurance 2? Q Have you,sincethe dateof this 23 Law. Iam going tobe askingyou a seriesof 23 accident,signedany paperwork forany T.ypeofloan 2d auestionsabout an accidentthatoccurredon 24 based upon thislitigation? 25 September 1,2016. if at any pcjntyou do not 23 no. - Annie DePompoDEITECourt Reporting... A Lexitas Compãny - DEITECourt Reporting . Angie DePompe A Lexitas 718-061-9484 Campany 718-667-9484 FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 207 Pace 5 RECEIVED NYSCEF: 03/22/2019 Page6 October 5, 2013 2013 October 5, I DIPlLATO DIpILATO 2 Q Mave you entered any kind of Jontract requestedthat theclaimantshow mc proofof 3 where you would2.eceive money ahead of time, 3 identificat:on.she proffered& driver'slicense 4 pendingthe possibleoutcome ofthislawsuit? ·· as a formof identification.. I've takena 5 A No. as Exhibit and marked it 1. 5 photographiccopy ofit o Q What isyour fullname? 6 Ms. Dipilate,can ycu Jock at this picturethat has A EstherDipilate- 7 been marked as Allstate Exhibit1 and tellme if & G What isyour dateof birth? 8 that isa photographic of reproduction your /24/55. 9 driver'slicense? 10 What arethe- last four digitsof your Yes 10 A 11 SocialSecurity number? 11 Q Inankyou. What isyour current 12 A 4987. 12 address? 13 Have vou everbeen known by any other 13 A 1110 WoodrowRoad, Staten Jsland, New 14 name, ncluding a maiden name? 14 york 10312 15 A No 15 Q How long at have you resided this 16 MR. LICATA:Includingyour maiden 16 address? 17 name? Are you married? 17 A 22 vears 18 A Oh, yes,LaRosa· 18 Q Do otherpeoplelive at this addrees 19 Q That was your maiden name? 9 you? 20 A Yes- 20 A Yes. 21 Q No othelnarr.e? 21 Q Who livestherewith you? 22 A No 22 A My husband. 23 Q No otherSocial securitynumber? 23 Q And hisname, please' 21 A No 24 anthony 25 Q Beforewe beginthis examination,I 25 O Samelast name? - Angie DePompoDEI'lZCourt Reporting . A Lexitas Company - 718-667-9434 Angie DePcmpo A Lexitas DEITZCourt Reporting . Company 7's-667-9404 Eage7 Page8 October 5, 2010 October 5, 2018 DIPILATO UIPILATO A Yes- husband gotit. 3 O Anybody e3se? Q Was itlonuago? Is ita new ca:? 4 A My son- A No. 5 O And hisname, please? Q· It's a new car? 6 Joseph- r3 A Yeah. 7 Q What a Anthony's date of birth? / Severalmonths? Q 10/10/S3. A Yeah. Q And Joseph? 9 Ma LICATA; offthe record 10 A June 26,'B1. 'e4,'83. Yeah,'93' 10 was held UShereupon, a discussion off 11 Q Do you currently own an automobile? 1] the record.) 12 A Yes- 12 own a car? Do you actually Q 13 Q What typeof car? 13 A No. 14 A BMW. 1.1 Arc thereother carsin thehousehold? O 15 Q What year? 15 A My son'scar. 16 A 2015. 16 What typeof ear isthat? 0 17 Q Do you know the model? 17 A A truck. I don't knew thenameof the 18 A I de not- 18 truck. 19 Q Four-door,two-door? 19 Q Year oranything? 20 A Four-door do not know. 20 A No, I 21 Q And I presume your auto arsuranceis 21 HR L CATA: You answered truck.That 22 Allstate? 22 is enough. 23 A I believeso. Are there typesof cars in 23 Q any other 24 Q And how longhave you owned th2s car? 24 the family? 25 n I don'tremember. I don't knew when my n A No. Annie Defampo- DEIT2Court Reporting.., A Lexitas Company ArgicDeP¤rpc- A Lextics CETECD-:rt Repertir.g Ocmpany 718-667-9484 718-66 -94d< FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 207 Page9 RECEIVED NYSCEF: 03/22/2019 Pace10 October 5, 2016 October 5, 2016 DIPILATO DIFILATO Q And who isthe registeredowner ofthe autemchaleaccidentprior to September 1, 2016? car thatyou were inthat was involvedinthe A Not thatI recall. accident? 4 O Have you ever been invoJvecin any A I don'tremember. 3 other typeof accident,such as a work accident or 6 Q Was ityour husband'scar? Nas i?ycar , . or .. ilke an accidenton a pieceof property anything car? Wasit somebody elsecar? 7 that? 6 A It was Fred D'Ottavac. 8 A Going back, I way, way back, got hitin 9 espondent'sExhibit C, policereport, C the head with--ch, my Gcd, what?A file cabinet. -0 war markee as foridentifi cation,as of this 10 Q Did you sustain any injuryfrom that? '1 date.) 11 A A concussion. 2 Q Whowas drivinethe vehicleat thetime . . you . . in thatmatterr 2 Q D1c bring a lowsuit 13 of theacciden t? 13 A I did not. 14 A My husband. 14 Q Wasthat at work? 5 Mowdo you knew theowner of the 5 yes. 6 vehicle? 16 MR. IICATA: Excuse me Wair untilhe 17 A Howdo I knew theowner of the'.mhicle? .. , rinishesthe anesticnbecause she can't get 18 He's a friend. 18 down both. ]9 Q now isit that husband you and your 13 Q an any other were you involved tyPe of 20 were inhis vehicle? 20 accidents? 21 A He gave him thecarto use· 21 A 1 was. I'm sorry,I was 22 Q So yourhusband had permission from 27 Q Okay 23 Mr. D'Ottavicto use thevehicle? 23 A I went through a window. I don't d A Yes 24 remember thedate. 25 Q Ead you everbeen involved inan 25 Q It was an auto accident? - Angle DePompoDEII:Court RepDIting.A Lexitas Company - Anoie DePompoDEITZCourt Eeporting ñ Lexitas Comp¯ny 718-667-9484 118-6t7-9484 Page12 Pagal? October 5, 2010 October 5, 2018 1 D1PTTATO DIFILATO es, itwas. I'm sorry. 2 Q Letme ask thequestion completely, 3 ', That'sckay. 2 that way you know -- yoc'reanticipatingwhat I'm And itwas a big accident 4 askingyou, so you'regivingme the answer. That's 5 Q Were you driving? 5 great,because thatwill make itmove along o Yes. T was- 6 quickly. Eat justwait, because Imightask Q Do you remember approximately when that ¬ somethingthat you were not anticipating. So let E was, tothe best cfyour recollection? A me -- thatway thereporterhas a fullrecord. 9 A About tenyears ago. 4 Okay? 10 Q Did you sustain injuries in that ]0 MR. LICATA: Thank you,David 11 accident? 11 MR. BENDIK: You'revery welcome. 12 A I did. 12 Q No lcwer Do arms, extremities, elbows, 13 De you reesilwhat typeof injuries? 13 knees,nothing? 4 Just reallytrauma. 14 A No. 15 O To vourneck? 15 Q Just neck? 16 A yeah. 16 A No. ]7 Q Eack? 17 O Head? 19 A My neck and my back.No, notmy back 19 A No. 19 My neck. 19 O Did you bringa lawsuit in thatcase? 20 Q Lower extremities? 20 A Yes. 21 A No- 21 0 Did you receive treatmentafterthe 22 O Knees? Ankle? 22 accident? 23 A No. 23 A No. 24 MR. 11CATA: You'retalkingover him. 2d Q You didn'tgo forphysical thera py, 25 Wait untilhe finishes 25 chiropractic, surgery,nothing? - Ancie DePompoDEITECourt Reporting.A Lexitas Company - Angie DePompoDEITZCourt Reporting A Lexitas Company 718-66?-9484 716-667-9484 FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 207 rage 13 RECEIVED NYSCEF: 03/22/2019 Page14 2018 October 5, Qateber 5, 203B .._.__. D1PILATO 1 DIPILATO 2 A Hoth±ng Q Did you see him with regardsto any 3 Q Have you erce prior beten hospitalized 3 injuriestha t sustained yce al.legedly in this 4 tc thisaccident forany injuries,illnessor 4 accident? 5 suraeries? 5 A (es. 6 A No. 6 Q Can tellIre when you did go to him,how Q Have you been hospitalized eincethe 7 lona aftertne accidentwas itwhen you first went a accidenttor any injuries,surgeriescrillnesses? 8 to him? 9 A My surgery. A About two weeks, three weeks afterthe 10 Q That -- was La your 20 accident. A week maybe. /-ibout a week after the 11 A My knee. 11 accidentI went tosee bim formy knee and my ribs. 12 Q Any othersurgeries? 22 Q Did he previde any treatmentfor you? A No. 17 A He suggested1 see an orthopedic 14 Q Do you have a regular physician? fantily 14 Q Did he referyou toanybcdy? 15 A Yes. 15 A No, he didnet. 16 Q And what isyourdoctor's name? 16 Q Did you everfollowup on that? 17 A Dr. BarryCeka. 17 A Yes, Idid. le Q located? Where.i s hi s of ijce la Q Whenwas that,was thatDr. McCul'-och? 19 A Page Avenue inStaten3sland 19 A Yes. 20 O Bow often whenever do you go see him, 20 Q That was thefirstdoctorthat you went 21 vou'resick? 21 to afterseeingDr. Ceka? 22 A Yeah. 22 A 'tes 23 Q Whenwas the last tjr.ethatyou saw 23 MR. LICATA: And you'relimitingitto 24 him? 24 MD. Your question limits it toMD? 25 A I don'treme.Ther. 25 MR. BENDIK: Yeah, we'll get tothe - Angle DePompoDEITZCourt Reporting A Lex1tas CMPM' - Angie DeFompoDEl?2Court ReportingA Lexi tas Company 718-667-943d 718-667-9484 Page15 Page16 2018 October 5, Octaber 5, 2018 DIFI-1.ATO - DIPILATO rest. 2 Q Okay, what we are going todo, iswe MR LICATA: doctor As t.he first .5 will leavea space 10 therecord. Whenthis afterwards. 4 transcriptis finished,it'sgoing tobe sent to the medical f i rst professional and yourlawyers goingto sit . crcwn O Wasthat 5 your lawyer, 6 t.hatyouwent to sinceyou sawDr. Cekaafter th° G and go throughitwith you. What we aregoingto accident? do i s leave a itno,a blankspace there,and then Thertwas anothercoctor 1 went toand when you'rereviewingit, atthat time,assuming 9 I don'treember his name. I don't rememberhis 9 refreshes you have something that your memory, you 10 name. 10 can fillIn that information at that time 11 Q How long after1he accidentwas it? A Okay. 12 A Let's see,the acciden-- was in --I 12 (IN5ERT) 13 don'tremember. 13 Okay. kind Da you know what of doctor the Were vou employed at . of t¬_me the 14 Q 14 Q 15 it was? 15 accident? 16 A Yeah, itwas an orthopedicdoctor. 16 A Yes, Iwas. 17 Q So you didgo toanother crthopedist? 17 Q And what was your job? 18 A Yes. 18 A I was a paraprofessional the f or Board 19 Q How nany tiraes didyou see thatdoctor? 19 of e 20 A Twice. 20 what Whenyou say a paraprofessional, 21 Q rememberhis You dc·n't name? 21 type of did ob respons:bilities you have? 22 A T do not 22 A Takingcaleof autisticchildren. 23 g Do you have anyth3nat o at wou 24 refreshyour memory? 24 A No, a para. 25 A Ith:nk I mighthave somethingat horne. 25 Q So you'relikean assistantin the - Angic DePompoDEiT2Court Reporting A Lexitas Company Angie DePmpo-DEIT2Court BeportingA Lexitas Company 718-667-9484 718-667-9464 FILED: RICHMOND COUNTY CLERK 03/22/2019 04:59 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 207 Page17 RECEIVED NYSCEF: 03/22/2019 page le October 5, 201F October 5, 2029 DIFILATO 1 DypILATO 2 classroom? p yes eS- 3 Q Do you recallwhat day oftheweek it 4 Q How longhad you had thatjob? 17 years. c A No 6 Q Do you stillde thatjob raday? e. Q Do you recallapproximatelywhat time 7 A I do not• 7 of theday it was? 6 Q Whendid you stopworking? g 3c, 9 A March 1st 9 Q Was it -- 10 Q Of 2018? 10 A It was inthe afternoon 11 A Yes, 11 Q tus itduring 1he week orduringthe 12 Q Howcome you stopped,you retired? 32 weekend? 13 A Tes. 13 A It was duringtheweek 14 Q Congratulations. Did you miss any time 14 Q De you remember if it was inthe 15 from work as a result of the accident? 15 baqinntryg of the week, theend ofweek? 16 A Three days 16 A I celieveit was inthe middleof the -7 Q Did you getpaidfor thosethree days? 17 week. S• 18 Q And what kindefcar, what typeof cer 19 Q By theschool? 19 were you inat thet-me of theaccident,make, 20 A Yes• 20 model,color, year? 21 0 So there'sno lesswage claimthat 21 A I don'trentember.I don't know 22 yoe'remakincr? 22 Q yee weren'tfamillarwith thevehicle? 23 A No 23 A No. 24 Q Ifereyou invo'.ved in an automobile 24 Q Was ityour firsttime inthat vehicle? 25 accidenton September 1stof 2016? ys o gieDe?ompe- DEITEcourtReporting A Lexicas Company - Angie DeFompoDElTZCourt Péperting A LCtas 718-667-9494 Capa-y 718-SE7-9404 Page19 Page20 Cctober 5, 2010 October 5, 2016 DIPILATO DIPILATO Q Howoften did you and yourhusband use Q Just husband? you and your 3 that vehicle.thevehicle thatwas involvedin the A Yes. 4 accident. Q Where were you sitting