Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
EXHIBIT D
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 1
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
2 -------------------------------------X
DINO BONAVITA,
3 Plaintiffs,
4
Index No. 611506/2018
5
-against-
6
SYED MUJAHID SAYEED, M.D., ET AL,
7 Defendants.
January 28, 2020
9 10:30 a.m.
10 30 Broad Street
New York, New York
11
12
13 EXAMINATION BEFORE TRIAL of DINO BONAVITA, a
14 Witness in the above-entitled action, taken before a shorthand
15 reporter and Notary Public in and for the State of New York.
16
17
18 * * *
19
20
21
22
23
24
25
U.S. LEGAL SUPPORT
(877) 479--2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 2
..
1
2 A P P E A R A N C E S:
3
4 CAITLIN ROBIN & ASSOCIATES
30 Broad Street
5 New York, New York 10007
BY: ARJETA ALBANI
6 For the Witness
7
DORF & NELSON
8 555 Theodore Fremd Avenue
Rye, NY 10580
9 BY: TRAVIS S. ROHER
For: Dr. Sayeed
10
11 RUBIN PATERNITI GONZALEZ KAUFMAN
555 Fifth Avenue, 6th Floor
12 New York, NY 10017
BY: NICOLE KLEIN
13 For: North 5hore
14
* * *
15
16
17
18
19
20
21
22
23
24
. . 25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 3
1 S T I P U L A T I O N S
2
3 IT IS HEREBY STIPULATED by and between the attorneys
4 for the respective parties hereto, that:
5 All rights provided by the C.P.L.R. and Part 221 of
6 the Uniform Rules for the Conduct of Depositions,
7 including the right to object to any question except as to
8 form, or to move to strike any testimony at this
9 examination is reserved; and in addition, the failure to
10 object to any question or to move to strike any testimony
11 at this examination shall not be a bar or waiver to make
12 such motion at, and is reserved to, the trial of this
13 action.
14 This deposition may be sworn to by the Witness being
15 examined before a Notary Public before whom this
16 examination was begun, but the failure to do so or to
17 return the original of this deposition to counsel, shall
18 not be deemed as a waiver of the rights provided by rule
19 3116, C.P.L.R., and shall be controlled thereby.
20 The filing of the original of this deposition is
21 waived.
22 IT IS FURTHER STIPULATED, a copy of this deposition
23 shall be furnished to the attorney for the Witness being
24 examined without charge.
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 4
1 D. Bonavita
2 THE REPORTER: Would you like to
3 order a copy of the transcript?
4 MS, KLEIN: Yes.
5 THE REPORTER: Do you solemnly
6 swear or affirm that the testimony you
7 give today will be the truth, the whole
8 truth, and nothing but the truth?
9 THE WITNESS: Yes.
10 (To the witness.)
11 THE REPORTER: Please state your
12 full name for the record.
13 THE WITNESS: Dino Bonavita.
14 THE REPORTER: Please state your
15 complete address for the record?
16 THE WITNESS: 17 Sinclair Martin
17 Drive, Roslyn, New York, 11573.
18 EXAMINATION BY
19 MR. ROHER:
20 Q. Good morning.
21 A. Good morning.
22 Q. , My name is Travis Roher and we represent
23 Dr. Sayeed in this action. I'm going to just set
24 down some ground rules for today before we begin.
25 A. Okay.
U.S. LEGAL SUPPORT
(B77) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 5
1 D. Bonavita
2 Q. First do your best to answer a question
3 verbally. Things like uh-huh, nuh-uh, and other
4 such utterances, or a nod or shake or gesture is not
5 clear for the record, and the Court Reporter cannot
6 take down your answers if they are nonverbal.
7 Next, I would ask that even though you assume
8 you might know the answer to the posed question
9 before I'm done, please allow me to finish my whole
10 question before you begin to answer it.
11 Finally, if you need to take a break, that's
12 fine, as long as there is no question that is open
13 and still pending and awaiting a response, we will
14 be more than happy to give you the opportunity to
15 take that break; okay?
16 A. Yes.
17 Q. If any of my questions are unclear or too
18 complex let me know and I will rephrase it.
19 How does that sound?
20 A. Understood.
21 Q. Great, thank you.
22 A. Sure.
23 Q. Before we begin are you on any medications that
24 would affect your ability to testify here today
25 truthfully and accurately?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 6
1 D. Bonavita
2 A. No.
3 Q. Are you currently taking any medications in
4 general?
5 A. Hypertension.
6 Q. What is it?
7 A. Mycardis.
8 Q. Okay. And for how long have you been taking
9 that?
10 A. Ten years.
11 Q. Is that to treat hypertension?
12 A. That's correct.
13 Q. Who diagnosed you with hypertension?
14 A. A specialist for hypertension. I don't
15 remember the name right now.
16 Q. Okay.
17 A. Referred through one of my GPs.
18 Q. Who is that?
19 A. Dr. Vezza.
20 Q. A GP?
21 A. Correct.
22 Q. When did you first start treating with
23 Dr. Vezza?
24 A. Fifteen years ago approximately.
25 Q. Is that something like 2005.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 7
1 D. Bonavita
2 A. Yes.
3 Q. Where is he located?
4 A. In Roslyn Heights.
5 Q. And so why did you stop seeing Dr. Vezza?
6 A. He was for seniors. I wanted a GP that does
7 everyone.
8 Q. Okay. Was there another physician you would
9 see after Dr. Vezza?
10 A. Correct. Yes I have my phone.
11 MS. ALBANI: No. All of this is
12 your memory.
13 EXAMINATION BY
14 MR. ROHER:
15 Q. A GP?
16 Q. For --
17 A. She's a primary care physician.
18 Q. A woman?
19 A. Yes,
20 Q. We will leave a space for her name.
21 A. Okay.
22
23 Q. Are there any other primary care physicians or
24 GPs you saw?
25 A. No.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 8
1 D. Bonavita
. .
2 Q. I will ask for authorizations for all GPs and
3 PCPs.
4 MS. ALBANI: Taken under
5 advisement.
6 Put it in writing.
7 EXAMINAT ION BY
8 MR. ROHER:
9 Q. Do you know where this current treating
10 physician is located?
11 A. Great Neck.
12 Q. New York?
13 A. Yes.
14 Q. And how did you hear about her?
15 A. My wife.
16 Q. How did your wife hear of this physician?
17 A. The internet.
18 Q. Does your wife treat with this primary care
19 physician, as well?
20 A. Yes.
21 Q. Have you ever been on any other medications
22 besides Mycardis?
23 MS. ALBANI: Objection. To the
24 form of the question. You can answer.
25 THE WITNESS: Ibuprofen.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 9
1 D. Bonavita
2 MR. ROHER: Anything besides any
3 over-the-counter Advil or ibuprofen, or
4 other things of that nature?
5 THE WITNESS: No.
6 EXAMINATION BY
7 MR. ROHER:
8 Q. So you have never taken or been prescribed
9 Oxycodone?
10 MS. ALBANI: Objection.
11 To the form of the question.
12 You can answer.
13 After this surgery with
14 Dr. Sayeed, something else?
15 EXAMINATION BY
16 MR. ROHER:
17 Q. In the past ten years have you ever been
18 prescribed Oxycodone.
19 A. Prescribed, but I am allergic to it.
20 Q. Why were you prescribed Oxycodone?
21 A. Surgery.
22 Q. Which surgery?
23 A. Two surgeries with Dr. Sayeed and the surgery
24 with Bert Greenberg.
25 Q. Do you recall which surgery you were prescribed
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 10
1 D. Bonavita
2 this pain medication for; the first or second or
3 third?
4 A.. All three.
5 MS. ALBANI: Objection. To the
6 form of the question. You can answer.
7 MR. ROHER: All three?
8 THE WITNESS: All three.
9 EXAMINATION BY
10 MR. ROHER:
11 Q. Did you take the Oxycodone?
12 A. No.
13 Q. Because you were allergic?
14 A. Yes.
15 Q. Did you take alternative pain medicatione?
16 A. (No verbal response . )
17 Q. To assist with your pain?
18 A. I'm not sure.
19 Q. What is your wife's name?
20 A. E-L-I-S-A.
21 Q. Your last name?
22 A. Same.
23 Q. Bonavita?
24 A. Yes.
25 Q. Does she have medical training?
U.S. LEGAL 5UPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020
1 D. Bonavita
2 A. No.
3 Q. Do you have?
4 A. No.
5 Q. Anyone in the family?
6 A. No.
7 Q. Brothers, sisters?
8 A. No.
9 Q. No medical training?
10 A. No.
11 MR. ROHER: Off the record.
12 (Whereupon, an off-the-record
13 discussion was held.)
14 EXAMINATION BY
15 MR. ROHER:
16 Q. How long have you have you been married to your
17 wife?
18 A. Eighteen years.
19 Q. Have you been married previously?
20 A. Yes.
21 Q. To whom?
22 A. Theresa Ferrari.
23 Q. How long were you married?
24 A. Seven months.
25 Q. Do you recall when your wedding was to
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 12
1 D. Bonavita
2 Mr. Ferrari?
3 A. Unfortunately, not.
4 Q. How about Elisa?
5 A. 1999.
6 Q. Day and month?
7 A. July 8th.
8 Q. Do you have any children?
9 A. Yes.
10 Q. How many?
11 A. Two girls.
12 Q. What names?
13 MS. ALBANI: Just the initials for
14 the record.
15 A. Both SBs.
16 Q. How old are they?
17 A. 13.
18 Q. Are they in middle school?
19 A. Yes.
20 Q. In private school?
21 A. Yes.
22 Q. Which private school?
23 A. Kellenberg.
24 Q. Is Elisa their mother?
25 A. Yes.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 13
1 D. Bonavita
2 Q. Have you ever been convicted of a crime?
3 A. No.
4 Q. Have you ever filed for bankruptcy?
5 A. No.
6 Q. Have you ever been known by any other name?
7 A. No.
8 Q. What is your birthday?
9 (Whereupon, an off the record discussion was held.)
10 A. 1968.
11 Q. What is your social Security number?
12 (Whereupon, an off the record discussion was held.)
13 A. 2289.
14 Q. Where were you born?
15 A. North Shore Hospital.
16 Q. Do you have any brothers or sisters?
17 A. Two older.
18 Q. Brothers?
19 A. Yes.
20 Q. Names?
21 A. Rocco and Lawrence.
22 Q. They live in Long Island?
23 A. Yes.
24 Q. Whereabouts?
25 A. Glen Head and Massapequa.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 14
1 D. Bonavita
2 Q. Are your parents alive?
3 A. My dad is.
4 Q. Where does he live?
5 A. In a home in Parker Jewish.
6 Q. Where is that?
7 A. Lakeville Road in New Hyde Park.
8 Q. Okay. Your current address is at 17 Sinclair
9 Martin Drive?
10 A. Yes.
11 Q. And how long have you lived there?
12 A. Nineteen years.
13 Q. Is that a house?
14 A. Yes.
15 Q. Who lives with you?
16 A. My wife and my two children.
17 Q. Do you have any pets?
18 A. Dog.
19 Q. How old is the dog?
20 A. Three years.
21 (Whereupon, an off the record discussion was held.)
22 Q. What is the dog's name?
23 A. Stella.
24 Q. Did you get this dog after your injury in July
25 of 2017 or before?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 15
1 D. Bonavita
2 A. Before.
3 Q. Do you have a mortgage on your home?
4 A. Yes.
5 Q. Approximately what is the monthly payment on
6 your home?
7 A. 3,800.
8 Q. Was there some point in time when you are
9 rented a home?
10 A. No, always had a mortgage.
11 Q. When you moved to this home, were you married
12 at that time?
13 A. Yes.
14 Q. To Elisa?
15 A. Sorry. No.
16 Q. Okay. Were you engaged at that time?
17 A. Yes.
18 Q. To Elisa?
19 A. Yes.
20 Q. Were you married to anybody else at all besides
21 Elisa and Theresa?
22 A. No.
23 Q. Since July of 2017, have you made any sort of
24 modifications to your home?
25 A. Yes.
U. S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 16
1 D. Bonavita
2 Q. What kind?
3 A. The floor was repaired in the back of the home
4 and a raised new bathroom and that's it.
5 Q. These were you aesthetic modifications?
6 MS. ALBANI: Objection.
7 To the form of the question.
8 You can answer.
9 THE WITNESS: Correct.
10 EXAMINATION BY
11 MR. ROHER:
12 Q. Have you reviewed any documents in preparation
13 for today's deposition such as medical records,
14 photographs, videos, text messages, e-mails,
15 letters; something else?
16 A. What?
17 Q. Have you reviewed any documents in preparation
18 for today's deposition such as medical records,
19 photographs, videos, text messages, e-mails,
20 letters; something else?
21 A. Seen?
22 MS. ALBANT: Did you do review any
23 of that to prepare for today?
24 THE WITNESS: No.
25 EXAMINATION BY
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 17
1 D. Bonavita
2 MR. ROHER:
3 Q. Did you ever request medical records and/or any
4 radiology films or studies from any of the
5 physicians that you treated with which pertains to
6 this action?
7 MS. ALBANI: Objection to the form
8 of the question. You can answer.
9 You, personally?
10 THE WITNESS: No.
11 EXAMINATION BY
12 MR. ROHER:
13 Q. So you never requested copies of your medical
14 records from any of the providers who treated your
15 alleged injuries which are the subject of this
16 lawsuit?
17 MS. ALBANI: Objection. To the
18 form of the question. You can answer.
19 You personally?
20 THE WITNESS: (No verbal
21 response.)
22 EXAMINATION BY
23 MR. ROHER:
24 Q. Did you ever call any doctor after your hand
25 injuries for copies of your medical records?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 18
1 D. Bonavita
2 MS. ALBANI: Objection. To the
3 form of the question. You can answer.
4 THE WITNESS: Just to Dr. Sayeed
5 to transfer his records to
6 Dr. Greenberg.
7 EXAMINATI ON BY
8 MR. ROHER:
9 Q. And do you recall when that phone call took
10 place?
11 A. No.
12 Q. Did you speak with Dr. Sayeed?
13 A. No.
14 Q. Or --
15 A.
16 A. His assistant.
17 Q. Do you know the name?
18 A. No.
19 Q. Do you recall when that phone call took place
20 approximately?
21 A. 0No verbal response.)
22 Q. Sorry if that I asked you that already.
23 A. I don't recall any timeline.
24 Q. How about this: Was it prior to your first
25 consult with Dr. Greenberg if you recall?
U. S . LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 19
1 D. Bonavita
2 A. No, after.
3 Q. Based upon the medical records, it appears that
4 your first consult at Dr. Greenberg was October of
5 2017.
6 Is that correct?
7 A. Yes.
8 Q. Is it fair to say that the phone call took
9 place either during or after October 17 to your
10 recollection?
11 A. After.
12 Q. Okay. Did you ever pertaining to this action,
13 did you keep any sort of diary or log or-personal
14 notes that were made in connection with your
15 treatment?
16 A. No.
17 Q. Do you know if your wife ever took notes or
18 kept a diary with respect to your treatment?
19 A. No.
20 Q. you don't know -- or know you don't --
No,
21 A. No, She didn't.
22 Q. How do you feel today?
23 MS. ALBANI: Objection. To the
24 form of the question. You can answer.
25 THE WITNESS: You mean, frame of
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022
Dino Bonavita
January 28, 2020 20
1 D. Bonavita
2 mind?
3 MR. ROHER: Everything.
Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 EXHIBIT D FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 1 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU 2 -------------------------------------X DINO BONAVITA, 3 Plaintiffs, 4 Index No. 611506/2018 5 -against- 6 SYED MUJAHID SAYEED, M.D., ET AL, 7 Defendants. January 28, 2020 9 10:30 a.m. 10 30 Broad Street New York, New York 11 12 13 EXAMINATION BEFORE TRIAL of DINO BONAVITA, a 14 Witness in the above-entitled action, taken before a shorthand 15 reporter and Notary Public in and for the State of New York. 16 17 18 * * * 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (877) 479--2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 2 .. 1 2 A P P E A R A N C E S: 3 4 CAITLIN ROBIN & ASSOCIATES 30 Broad Street 5 New York, New York 10007 BY: ARJETA ALBANI 6 For the Witness 7 DORF & NELSON 8 555 Theodore Fremd Avenue Rye, NY 10580 9 BY: TRAVIS S. ROHER For: Dr. Sayeed 10 11 RUBIN PATERNITI GONZALEZ KAUFMAN 555 Fifth Avenue, 6th Floor 12 New York, NY 10017 BY: NICOLE KLEIN 13 For: North 5hore 14 * * * 15 16 17 18 19 20 21 22 23 24 . . 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 3 1 S T I P U L A T I O N S 2 3 IT IS HEREBY STIPULATED by and between the attorneys 4 for the respective parties hereto, that: 5 All rights provided by the C.P.L.R. and Part 221 of 6 the Uniform Rules for the Conduct of Depositions, 7 including the right to object to any question except as to 8 form, or to move to strike any testimony at this 9 examination is reserved; and in addition, the failure to 10 object to any question or to move to strike any testimony 11 at this examination shall not be a bar or waiver to make 12 such motion at, and is reserved to, the trial of this 13 action. 14 This deposition may be sworn to by the Witness being 15 examined before a Notary Public before whom this 16 examination was begun, but the failure to do so or to 17 return the original of this deposition to counsel, shall 18 not be deemed as a waiver of the rights provided by rule 19 3116, C.P.L.R., and shall be controlled thereby. 20 The filing of the original of this deposition is 21 waived. 22 IT IS FURTHER STIPULATED, a copy of this deposition 23 shall be furnished to the attorney for the Witness being 24 examined without charge. 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 4 1 D. Bonavita 2 THE REPORTER: Would you like to 3 order a copy of the transcript? 4 MS, KLEIN: Yes. 5 THE REPORTER: Do you solemnly 6 swear or affirm that the testimony you 7 give today will be the truth, the whole 8 truth, and nothing but the truth? 9 THE WITNESS: Yes. 10 (To the witness.) 11 THE REPORTER: Please state your 12 full name for the record. 13 THE WITNESS: Dino Bonavita. 14 THE REPORTER: Please state your 15 complete address for the record? 16 THE WITNESS: 17 Sinclair Martin 17 Drive, Roslyn, New York, 11573. 18 EXAMINATION BY 19 MR. ROHER: 20 Q. Good morning. 21 A. Good morning. 22 Q. , My name is Travis Roher and we represent 23 Dr. Sayeed in this action. I'm going to just set 24 down some ground rules for today before we begin. 25 A. Okay. U.S. LEGAL SUPPORT (B77) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 5 1 D. Bonavita 2 Q. First do your best to answer a question 3 verbally. Things like uh-huh, nuh-uh, and other 4 such utterances, or a nod or shake or gesture is not 5 clear for the record, and the Court Reporter cannot 6 take down your answers if they are nonverbal. 7 Next, I would ask that even though you assume 8 you might know the answer to the posed question 9 before I'm done, please allow me to finish my whole 10 question before you begin to answer it. 11 Finally, if you need to take a break, that's 12 fine, as long as there is no question that is open 13 and still pending and awaiting a response, we will 14 be more than happy to give you the opportunity to 15 take that break; okay? 16 A. Yes. 17 Q. If any of my questions are unclear or too 18 complex let me know and I will rephrase it. 19 How does that sound? 20 A. Understood. 21 Q. Great, thank you. 22 A. Sure. 23 Q. Before we begin are you on any medications that 24 would affect your ability to testify here today 25 truthfully and accurately? U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 6 1 D. Bonavita 2 A. No. 3 Q. Are you currently taking any medications in 4 general? 5 A. Hypertension. 6 Q. What is it? 7 A. Mycardis. 8 Q. Okay. And for how long have you been taking 9 that? 10 A. Ten years. 11 Q. Is that to treat hypertension? 12 A. That's correct. 13 Q. Who diagnosed you with hypertension? 14 A. A specialist for hypertension. I don't 15 remember the name right now. 16 Q. Okay. 17 A. Referred through one of my GPs. 18 Q. Who is that? 19 A. Dr. Vezza. 20 Q. A GP? 21 A. Correct. 22 Q. When did you first start treating with 23 Dr. Vezza? 24 A. Fifteen years ago approximately. 25 Q. Is that something like 2005. U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 7 1 D. Bonavita 2 A. Yes. 3 Q. Where is he located? 4 A. In Roslyn Heights. 5 Q. And so why did you stop seeing Dr. Vezza? 6 A. He was for seniors. I wanted a GP that does 7 everyone. 8 Q. Okay. Was there another physician you would 9 see after Dr. Vezza? 10 A. Correct. Yes I have my phone. 11 MS. ALBANI: No. All of this is 12 your memory. 13 EXAMINATION BY 14 MR. ROHER: 15 Q. A GP? 16 Q. For -- 17 A. She's a primary care physician. 18 Q. A woman? 19 A. Yes, 20 Q. We will leave a space for her name. 21 A. Okay. 22 23 Q. Are there any other primary care physicians or 24 GPs you saw? 25 A. No. U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 8 1 D. Bonavita . . 2 Q. I will ask for authorizations for all GPs and 3 PCPs. 4 MS. ALBANI: Taken under 5 advisement. 6 Put it in writing. 7 EXAMINAT ION BY 8 MR. ROHER: 9 Q. Do you know where this current treating 10 physician is located? 11 A. Great Neck. 12 Q. New York? 13 A. Yes. 14 Q. And how did you hear about her? 15 A. My wife. 16 Q. How did your wife hear of this physician? 17 A. The internet. 18 Q. Does your wife treat with this primary care 19 physician, as well? 20 A. Yes. 21 Q. Have you ever been on any other medications 22 besides Mycardis? 23 MS. ALBANI: Objection. To the 24 form of the question. You can answer. 25 THE WITNESS: Ibuprofen. U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 9 1 D. Bonavita 2 MR. ROHER: Anything besides any 3 over-the-counter Advil or ibuprofen, or 4 other things of that nature? 5 THE WITNESS: No. 6 EXAMINATION BY 7 MR. ROHER: 8 Q. So you have never taken or been prescribed 9 Oxycodone? 10 MS. ALBANI: Objection. 11 To the form of the question. 12 You can answer. 13 After this surgery with 14 Dr. Sayeed, something else? 15 EXAMINATION BY 16 MR. ROHER: 17 Q. In the past ten years have you ever been 18 prescribed Oxycodone. 19 A. Prescribed, but I am allergic to it. 20 Q. Why were you prescribed Oxycodone? 21 A. Surgery. 22 Q. Which surgery? 23 A. Two surgeries with Dr. Sayeed and the surgery 24 with Bert Greenberg. 25 Q. Do you recall which surgery you were prescribed U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 10 1 D. Bonavita 2 this pain medication for; the first or second or 3 third? 4 A.. All three. 5 MS. ALBANI: Objection. To the 6 form of the question. You can answer. 7 MR. ROHER: All three? 8 THE WITNESS: All three. 9 EXAMINATION BY 10 MR. ROHER: 11 Q. Did you take the Oxycodone? 12 A. No. 13 Q. Because you were allergic? 14 A. Yes. 15 Q. Did you take alternative pain medicatione? 16 A. (No verbal response . ) 17 Q. To assist with your pain? 18 A. I'm not sure. 19 Q. What is your wife's name? 20 A. E-L-I-S-A. 21 Q. Your last name? 22 A. Same. 23 Q. Bonavita? 24 A. Yes. 25 Q. Does she have medical training? U.S. LEGAL 5UPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 1 D. Bonavita 2 A. No. 3 Q. Do you have? 4 A. No. 5 Q. Anyone in the family? 6 A. No. 7 Q. Brothers, sisters? 8 A. No. 9 Q. No medical training? 10 A. No. 11 MR. ROHER: Off the record. 12 (Whereupon, an off-the-record 13 discussion was held.) 14 EXAMINATION BY 15 MR. ROHER: 16 Q. How long have you have you been married to your 17 wife? 18 A. Eighteen years. 19 Q. Have you been married previously? 20 A. Yes. 21 Q. To whom? 22 A. Theresa Ferrari. 23 Q. How long were you married? 24 A. Seven months. 25 Q. Do you recall when your wedding was to U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 12 1 D. Bonavita 2 Mr. Ferrari? 3 A. Unfortunately, not. 4 Q. How about Elisa? 5 A. 1999. 6 Q. Day and month? 7 A. July 8th. 8 Q. Do you have any children? 9 A. Yes. 10 Q. How many? 11 A. Two girls. 12 Q. What names? 13 MS. ALBANI: Just the initials for 14 the record. 15 A. Both SBs. 16 Q. How old are they? 17 A. 13. 18 Q. Are they in middle school? 19 A. Yes. 20 Q. In private school? 21 A. Yes. 22 Q. Which private school? 23 A. Kellenberg. 24 Q. Is Elisa their mother? 25 A. Yes. U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 13 1 D. Bonavita 2 Q. Have you ever been convicted of a crime? 3 A. No. 4 Q. Have you ever filed for bankruptcy? 5 A. No. 6 Q. Have you ever been known by any other name? 7 A. No. 8 Q. What is your birthday? 9 (Whereupon, an off the record discussion was held.) 10 A. 1968. 11 Q. What is your social Security number? 12 (Whereupon, an off the record discussion was held.) 13 A. 2289. 14 Q. Where were you born? 15 A. North Shore Hospital. 16 Q. Do you have any brothers or sisters? 17 A. Two older. 18 Q. Brothers? 19 A. Yes. 20 Q. Names? 21 A. Rocco and Lawrence. 22 Q. They live in Long Island? 23 A. Yes. 24 Q. Whereabouts? 25 A. Glen Head and Massapequa. U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 14 1 D. Bonavita 2 Q. Are your parents alive? 3 A. My dad is. 4 Q. Where does he live? 5 A. In a home in Parker Jewish. 6 Q. Where is that? 7 A. Lakeville Road in New Hyde Park. 8 Q. Okay. Your current address is at 17 Sinclair 9 Martin Drive? 10 A. Yes. 11 Q. And how long have you lived there? 12 A. Nineteen years. 13 Q. Is that a house? 14 A. Yes. 15 Q. Who lives with you? 16 A. My wife and my two children. 17 Q. Do you have any pets? 18 A. Dog. 19 Q. How old is the dog? 20 A. Three years. 21 (Whereupon, an off the record discussion was held.) 22 Q. What is the dog's name? 23 A. Stella. 24 Q. Did you get this dog after your injury in July 25 of 2017 or before? U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 15 1 D. Bonavita 2 A. Before. 3 Q. Do you have a mortgage on your home? 4 A. Yes. 5 Q. Approximately what is the monthly payment on 6 your home? 7 A. 3,800. 8 Q. Was there some point in time when you are 9 rented a home? 10 A. No, always had a mortgage. 11 Q. When you moved to this home, were you married 12 at that time? 13 A. Yes. 14 Q. To Elisa? 15 A. Sorry. No. 16 Q. Okay. Were you engaged at that time? 17 A. Yes. 18 Q. To Elisa? 19 A. Yes. 20 Q. Were you married to anybody else at all besides 21 Elisa and Theresa? 22 A. No. 23 Q. Since July of 2017, have you made any sort of 24 modifications to your home? 25 A. Yes. U. S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 16 1 D. Bonavita 2 Q. What kind? 3 A. The floor was repaired in the back of the home 4 and a raised new bathroom and that's it. 5 Q. These were you aesthetic modifications? 6 MS. ALBANI: Objection. 7 To the form of the question. 8 You can answer. 9 THE WITNESS: Correct. 10 EXAMINATION BY 11 MR. ROHER: 12 Q. Have you reviewed any documents in preparation 13 for today's deposition such as medical records, 14 photographs, videos, text messages, e-mails, 15 letters; something else? 16 A. What? 17 Q. Have you reviewed any documents in preparation 18 for today's deposition such as medical records, 19 photographs, videos, text messages, e-mails, 20 letters; something else? 21 A. Seen? 22 MS. ALBANT: Did you do review any 23 of that to prepare for today? 24 THE WITNESS: No. 25 EXAMINATION BY U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 17 1 D. Bonavita 2 MR. ROHER: 3 Q. Did you ever request medical records and/or any 4 radiology films or studies from any of the 5 physicians that you treated with which pertains to 6 this action? 7 MS. ALBANI: Objection to the form 8 of the question. You can answer. 9 You, personally? 10 THE WITNESS: No. 11 EXAMINATION BY 12 MR. ROHER: 13 Q. So you never requested copies of your medical 14 records from any of the providers who treated your 15 alleged injuries which are the subject of this 16 lawsuit? 17 MS. ALBANI: Objection. To the 18 form of the question. You can answer. 19 You personally? 20 THE WITNESS: (No verbal 21 response.) 22 EXAMINATION BY 23 MR. ROHER: 24 Q. Did you ever call any doctor after your hand 25 injuries for copies of your medical records? U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 18 1 D. Bonavita 2 MS. ALBANI: Objection. To the 3 form of the question. You can answer. 4 THE WITNESS: Just to Dr. Sayeed 5 to transfer his records to 6 Dr. Greenberg. 7 EXAMINATI ON BY 8 MR. ROHER: 9 Q. And do you recall when that phone call took 10 place? 11 A. No. 12 Q. Did you speak with Dr. Sayeed? 13 A. No. 14 Q. Or -- 15 A. 16 A. His assistant. 17 Q. Do you know the name? 18 A. No. 19 Q. Do you recall when that phone call took place 20 approximately? 21 A. 0No verbal response.) 22 Q. Sorry if that I asked you that already. 23 A. I don't recall any timeline. 24 Q. How about this: Was it prior to your first 25 consult with Dr. Greenberg if you recall? U. S . LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 19 1 D. Bonavita 2 A. No, after. 3 Q. Based upon the medical records, it appears that 4 your first consult at Dr. Greenberg was October of 5 2017. 6 Is that correct? 7 A. Yes. 8 Q. Is it fair to say that the phone call took 9 place either during or after October 17 to your 10 recollection? 11 A. After. 12 Q. Okay. Did you ever pertaining to this action, 13 did you keep any sort of diary or log or-personal 14 notes that were made in connection with your 15 treatment? 16 A. No. 17 Q. Do you know if your wife ever took notes or 18 kept a diary with respect to your treatment? 19 A. No. 20 Q. you don't know -- or know you don't -- No, 21 A. No, She didn't. 22 Q. How do you feel today? 23 MS. ALBANI: Objection. To the 24 form of the question. You can answer. 25 THE WITNESS: You mean, frame of U.S. LEGAL SUPPORT (877) 479-2484 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/29/2022 Dino Bonavita January 28, 2020 20 1 D. Bonavita 2 mind? 3 MR. ROHER: Everything.