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FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020
NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022
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SUPREME COURT OF THE STATE OF NEW YORK 1 APPEARANCES
COUNTY OF NEW YORK 2
3 FOR THE PLAINTIFF:
4 NIAMEHR LAW FIRM
MIGUEL FERRER, )
BY: DANIEL J. NIAMEHR, ATTORNEY AT LAW
) 5 30 Wall Street, 8th Floor
Plaintiff, ) Index No. 151963/2020 New York, NY 10005
) 6 (646) 224-0735
vs. ) daniel@niamehrlaw.com
) 7
GO NEW YORK TOURS, INC., ) FOR DEFENDANTS GO NEW YORK TOURS, INC., and JARROD
8 POOLE:
JARROD POOLE, CITY OF )
9 CAPEHART & SCATCHARD, P.A.
NEW YORK, MANHATTAN AND )
BY: CHRISTOPHER J. HOARE, ATTORNEY AT LAW
BRONX SURFACE TRANSIT ) 10 8000 Midlantic Drive, Suite 300S
OPERATING AUTHORITY AND ) PO Box 5016
TRIBOROUGH BRIDGE AND ) 11 Mount Laurel, NJ 08054-5016
TUNNEL AUTHORITY, ) (856) 234-6800
12 choare@capehart.com
)
13 FOR DEFENDANT GO NEW YORK TOURS:
Defendants. ) 14 BARTON LLP
_________________________) BY: MAURICE ROSS, ATTORNEY AT LAW
15 711 Third Avenue, 14th Floor
DEPOSITION OF MARTHA JARA-FERRER New York, NY 10017
TAKEN ON BEHALF OF THE DEFENDANTS 16 mross@bartonesq.com
VIA ZOOM 17 FOR DEFENDANT CITY OF NEW YORK:
18 CORPORATION COUNSEL OF THE CITY OF NEW YORK
JUNE 29, 2022, AT 9:32 A.M.
BY: HUNTER IGOE, ATTORNEY AT LAW
19 100 Church Street
New York, NY 10007
REPORTED BY: 20 higoe@law.nyc.gov
JULIE MCCAUGHAN, C.S.R. NO. 684 21 ALSO PRESENT:
Notary Public 22 ALANA PEPE
TIGER LEE
23
THE VIDEOGRAPHER:
24
VLADIMIR KORNEYCHUK
25
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1 INDEX 1 THE VIDEOGRAPHER: Good morning. We are on
2 TESTIMONY OF MARTHA JARA-FERRER PAGE 2 the record.This is the recorded video deposition of
3 Examination by Mr. Hoare 5 3 Martha Jara-Ferrer in the matter of Ferrer vs. Go New
4 Examination by Mr. Igoe 169 4 York Tours. This deposition is taking place via Zoom
5 Further Examination by Mr. Hoare 171 5 with all participants attending remotely on June 29,
6 6 2022 at 9:32 a.m. My name is Vladimir Korneychuk. I'm
7 DEPOSITION EXHIBITS: PAGE 7 the videographer with M & M Court Reporting, located at
8 Exhibit 8 Police Report 82 8 816 Sherman Avenue, Suite 7, Coeur d'Alene Idaho, 83814.
9 Exhibit 9 Photographs 104 9 Would counsel please identify yourself and
10 Exhibit 11 Bellevue Medical Record Excerpts 87 10 state whom you represent?
11 Exhibit 12 Photographs 96 11 MR. NIAMEHR: Sure. I represent the witness
12 Exhibit 14 Photographs 137 12 and the plaintiff in this case, Miguel Ferrer.
My name
13 Exhibit 17 Instagram Documents 148 13 is Daniel Niamehr from the Niamehr Law Firm, 30 Wall
14 14 Street, 8th Floor, New York, New York 10005.
15 15 MR. HOARE: Good morning. My name is
16 16 Christopher Hoare. I'm an attorney with the law firm
17 17 called Capehart & Scatchard.I represent two
18 18 defendants, Go New York Tours and a bus driver by the
19 19 name of Jarrod Poole. My office address is 8000
20 20 Midlantic Drive, Suite 300S, as in south, in the city of
21 21 Mount Laurel, New Jersey, 08054.
22 22 MR. ROSS: Good morning. This is Maurice
23 23 Ross from Barton LLP. I represent Go New York Tours in
24 24 this matter.Our address is 711 Third Avenue, New York,
25 25 New York 10017.
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1 MR. IGOE: Good morning my name is Hunter 1 from?
2 Igoe. I represent the City of New York in this matter. 2 A. I am in my home in Post Falls, Idaho.
3 I work for the New York City Law Department also called 3 Q. Is there anyone else in the room with you or
4 the Office of the Corporation Counsel.We're located at 4 within hearing of you currently?
5 100 Church Street, New York, New York 10007. 5 A. No, sir.
6 THE VIDEOGRAPHER: Thank you. The certified 6 Q. Have you ever given something called a
7 court reporter is Julie McCaughan. Would you please 7 deposition before today?
8 swear in the witness? 8 A. Never.
9 THE REPORTER: Would you raise your right 9 Q. Okay. I'll explain a couple of ground rules
10 hand, please? Do you swear to tell the truth, the whole 10 that, if you and I both follow them, the process will go
11 truth, and nothing but the truth? 11 much faster and smoother. The oath that you were just
12 THE WITNESS: I do. 12 given by the court reporter is the same oath that you
13 MARTHA JARA-FERRER, 13 would take if we were in a court of law with a judge
14 having been first duly sworn to tell the truth, the 14 present and a Bible under one of your hands. It
15 whole truth, and nothing but the truth, relating to said 15 requires you to tell the truth to the best of your
16 cause, deposes and says: 16 ability today and to answer the questions fully, because
17 EXAMINATION 17 the oath requires you to be truthful.
Do you understand
18 QUESTIONS BY MR. HOARE: 18 that?
19 Q. Good morning, Mrs. Ferrer. My name is 19 A. Yes.
20 Christopher Hoare, as I stated earlier.
I represent a 20 Q. Procedurally, please wait for me to finish
21 bus company in Manhattan as well as the driver of that 21 my question before starting an answer to it.You're
22 bus in a lawsuit that was filed by Mr. Niamehr on behalf 22 doing a good job so far in that.
It makes the court
23 of your husband Miguel for certain injuries he sustained 23 reporter's job much easier, and also the Zoom software
24 on September the 27th, 2019. Where are you 24 cuts out one speaker when a new speaker begins talking.
25 participating today in this remote or Zoom deposition 25 So if you just wait for me to finish the question,
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1 you'll understand what it is I'm asking, and that will 1 something was from you at a given time. An estimate is
2 allow the court reporter to get down the question before 2 different than a guess.And if you're able to make that
3 you begin your answer.Do you understand that? 3 estimate, I'd ask you to do so with the understanding we
4 A. Yes. 4 all share that it's an estimate by you and not an exact
5 Q. If you don't understand one of my 5 measurement or time frame. Do you understand that?
6 questions -- that's going to happen today -- just tell 6 A. Yes.
7 me and I'll rephrase it for you.
I don't want you to 7 Q. In the unlikely event that one of the
8 guess at what you think I'm asking or if my question 8 attorneys makes an objection to one of my questions, let
9 doesn't make sense to you for any reason, just tell me, 9 us put our objection on the record, the typewritten
10 "Can you rephrase?" or "I don't understand," and I will 10 record; but unless Mr. Niamehr tells you not to, you
11 rephrase it so that you do. 11 would still give an answer to the question.
Do you
12 You need to answer verbally our questions. 12 understand that?
13 Although you and I might understand what we mean when we 13 A. Yes.
14 nod our head or shake our head or say uh-huh or huh-uh, 14 Q. Okay. Will you agree to follow those basic
15 the young lady taking down the question and answer today 15 ground rules?
16 can only write words down. 16 A. Yes.
17 I would ask that you don't guess at answers 17 Q. As will I.Can you please state your full
18 to any of my questions.If you don't know an answer, 18 name, spelling your first and last names for the record?
19 don't recall it or never knew it at all, just tell us 19 A. My name is Martha Jara-Ferrer. My first
20 that and we'll move on.
I don't want -- you know, I 20 name is spelled M-a-r-t-h-a. My last name is J-a-r-a
21 know I, for one, and everyone else here today doesn't 21 hyphen F-e-r-r-e-r.
22 want you to guess at information that you simply don't 22 Q. Thank you. I'm going to ask you for your
23 have. But I may ask you questions that ask for a 23 date of birth, but the court reporter will only write
24 estimate by you in either distance or time, like about 24 down the month and the date, for identity purposes.
25 how long something took or approximately how far away 25 A. (Redacted by agreement of parties.)
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1 MR. HOARE: Thank you. 1 ahead and take us off the record. Going off the record
2 MR. NIAMEHR: Can we just redact the entire 2 at 9:41 a.m.
3 date in the record, please, if that's okay? 3 (Off the record.)
4 MR. HOARE: Yeah, that works. 4 THE VIDEOGRAPHER: Back on the record at
5 MR. NIAMEHR: Thank you. 5 9:41 a.m.
6 MR. HOARE: No part of your date of birth 6 BY MR. HOARE:
7 will appear on the paper record. 7 Q. Are you currently taking any medications as
8 BY MR. HOARE: 8 you sit here today?
9 Q. And what is your Social Security number? 9 A. No, sir.
10 And again, the court reporter will not write it down at 10 Q. Did you review any documents or photographs
11 all, any part of it. 11 in preparation for your appearance here today?
12 A. Am I supposed to give my Social Security 12 A. No.
13 number here? 13 Q. Did you review any police report or medical
14 MR. NIAMEHR: You can. It's just for the 14 records prior to your appearance here today for the
15 record. It's not going to go on the record. 15 purpose of your appearance here today?
16 THE VIDEOGRAPHER: I'm sorry. I'm sorry. 16 A. Just a couple of things that Daniel and I
17 I'm sorry, Counsel. This is the videographer. Did you 17 went through yesterday.
18 want me to go off the record with that -- with what you 18 Q. Okay. Was that the first -- was that the --
19 had asked? 19 strike that.The things you reviewed -- I'm not asking
20 MR. NIAMEHR: If we could keep the date of 20 what you and Daniel discussed, but what were the paper
21 birth and Social Security number removed from all the 21 documents you reviewed yesterday?
22 video, that would be requested. 22 A. I'm not exactly sure on the documents.
23 MR. HOARE: I agree. Yes. Let's go off the 23 Q. Okay. Well, were they paper or were they
24 video record, too. 24 online?
25 THE VIDEOGRAPHER: Okay. Okay. I'll go 25 A. He was just showing me a couple of -- I
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1 think there was some photos and -- I saw the video for 1 and Mr. Niamehr ever spoke with one another?
2 the first time. 2 A. We had spoke -- we had spoken a few days
3 Q. And the video you're referring to is the 3 prior for the first time.
Yeah.
4 video from the onboard bus camera of the accident 4 Q. Prior to today?
5 involving your husband's right arm? 5 A. Prior to yesterday.I think it was maybe
6 A. Yes, sir. 6 last week. Just spoke briefly in introduction.
7 Q. Okay. And the documents -- or strike that. 7 Q. Fair enough. And I'm not -- and I don't
8 The photos that you reviewed, had you seen them before 8 mean to ask you about that conversation or any
9 yesterday or whenever you spoke with Mr. Niamehr? 9 conversation since then before now, but was -- had you
10 A. It had been a while. 10 ever spoken to Mr. Niamehr, for example, between
11 Q. Did you recognize those photographs as 11 September 27, 2019, the date of your husband's accident,
12 photographs that you took? 12 and last week?
13 A. Yes. 13 A. No.
14 Q. What did the photographs that you looked at 14 Q. Were you ever present when Miguel spoke with
15 in preparation for today depict?What was in the 15 Mr. Niamehr by phone or otherwise?
16 pictures? 16 A. No.
17 A. It was photos of the sign and damage to the 17 Q. When were you and Miguel married?
18 sign and my husband's arm. 18 A. We are -- or we just celebrated our 11-year
19 Q. And those were taken -- my understanding -- 19 anniversary this month.
20 we have those and we'll look at them later, but my 20 Q. Congratulations.
21 understanding is those are photographs that you took 21 A. Thank you.
22 while you were still in New York shortly after your 22 Q. How long had you known one another before
23 husband's accident. Is that correct? 23 you got married, approximately in 2011?
24 A. Correct. 24 A. Couple of years.
25 Q. Okay. Was yesterday the first time that you 25 Q. Okay. How did you two guys meet?
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1 A. He was a client of mine. 1 A. No.
2 Q. Now, my understanding is that you are a 2 Q. Does Miguel have any children of his own?
3 realtor? 3 A. No.
4 A. Realtor and interior designer. 4 Q. Your first marriage ended in a divorce? Is
5 Q. And which of those two professions did 5 that my assumption?
6 you -- did you assist Miguel by providing him services 6 A. Yes.
7 and in the process met him? Was it as an interior 7 Q. What city were you born in?
8 decorator client or as a realtor client? 8 A. I was born in Hollywood, California.
9 A. As an interior designer. 9 Q. From birth until approximately 18 years old,
10 Q. When you met for the first time, where were 10 where did you grow up? Also in California, Los Angeles
11 you living? In your current address or some other 11 area?
12 state? 12 A. We lived in Los Angeles just for a few
13 A. Another state. 13 years, and then we moved to the Inland Empire, just
14 Q. That state being California? 14 about an hour away.
15 A. Yes, sir. 15 Q. And for someone like me who isn't from
16 Q. Okay. Do you have any children with Miguel? 16 California, that was still in the state of California?
17 A. No. 17 A. Yes, sir.In southern California.
18 Q. Had you been previously married before you 18 Q. Fair enough. And where did you attend high
19 got married to Miguel in 2011? 19 school?
20 A. Yes. 20 A. Yucaipa High School.
21 Q. Okay. Do you have any children by your 21 Q. Did you graduate?
22 prior marriage? 22 A. Yes.
23 A. No. 23 Q. Do you hold any -- or what year was your
24 Q. Had Miguel ever been married before you and 24 graduation?
25 he married in 2011? 25 A. '94.
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1 Q. After Yucaipa High School, did you go on to 1 East Shoreline?
2 achieve any advanced degrees beyond high school? 2 A. Nobody else.
3 A. I went to different schools, but I did not 3 Q. Do you own any other real estate, either you
4 get a degree. 4 or Miguel, other than the property at 5531 East
5 Q. Fair enough. What colleges or graduate 5 Shoreline?
6 schools did you attend classes at, even though you did 6 A. We do.
7 not get a degree at? 7 Q. What property or -- strike that.
What is
8 A. I went to San Bernardino Valley College, I 8 the address or the kind of a building or property that
9 went to Brigham Young University, and UCLA. 9 you own other than the one you live in?
10 Q. When you went to those two institutions, 10 A. We have other properties together, but I
11 were you pursuing a certain field of study or general 11 don't know all the addresses and locations.
12 studies? 12 Q. Are they rental properties?
13 A. More so general. 13 A. Business properties.
14 Q. What is your current address? 14 Q. Are those business properties related to
15 A. 5531 East Shoreline Drive, Post Falls, 15 Miguel's company?
16 Idaho. 16 A. Yes.
17 Q. How long have you lived at your present 17 Q. Okay. And Miguel explained to us when we
18 address? 18 were able to ask questions of him that he owns his own
19 A. I think we've been -- 19 company with various locations around the United States.
20 Q. Excuse me. Estimating's okay here. 20 Is that what you're referring to?
21 A. Yeah. I want to say about three years. 21 A. Yes.
22 Q. Do you own or rent the property at 5531 East 22 Q. Okay. Other than the business properties
23 Shoreline? 23 that related to Miguel's business, do you own any other
24 A. Own. 24 like vacation home or any other real estate that is not
25 Q. And who lives with you and Miguel at 5531 25 related to Daniel's business together?
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1 A. Not that I'm aware of. 1 A. Yes.
2 Q. Fair enough. Before moving to 5531 East 2 Q. When was the last employment you had where
3 Shoreline, where did you live? 3 you worked for a company prior to becoming
4 A. At a home about five minutes from here. 4 self-employed?
5 Q. Okay. And did you own or rent the home also 5 A. The last company I worked for was in Dallas.
6 in Post Falls about five minutes away? 6 Q. And what kind of work was that?
7 A. Own. 7 A. Interior design.
8 Q. And how long did you reside in that property 8 Q. Fair enough. Approximately how long ago was
9 before moving into 5531? 9 your employment in Dallas for an interior design
10 A. A little over two years, I believe. 10 company? Estimating's okay.
11 Q. Okay. And before moving to that property, 11 A. I don't recall.
It's been a while.
12 where did you and Miguel live? 12 Q. Was it more than five years?
13 A. San Diego. 13 A. Yes.
14 Q. Okay. Are you employed or self-employed, 14 Q. All right.Do you remember the name of that
15 either part-time or full-time, in any capacity? 15 company?
16 A. Self-employed. 16 A. Ten Plus Three.
17 Q. And in what field of business are you 17 Q. Ten Plus 30 or Ten Plus Three?
18 self-employed? What do you do? 18 A. Ten Plus Three.
19 A. I am an interior designer. I work for 19 Q. Got it. And Miguel presently owns his own
20 myself. And I am a real estate agent, and I hang my 20 business. Is that correct?
21 license with a broker here in town, but we're all 21 A. Yes.
22 essentially self-employed. 22 Q. What is the name of that business?
23 Q. Fair enough. Did you ever work for another 23 A. All American National. I think I'm saying
24 company -- for an employer other than your 24 that right.
25 self-employment? 25 Q. And how long has Miguel been the owner of
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1 All American National? Estimating's okay. 1 and designing for All American National, are those
2 A. I don't know the answer to that. 2 similar services to the ones that you provide your
3 Q. Fair enough. Are you an employee of that 3 self-employed clients, like interior design?
4 business in any capacity, Miguel's All American 4 A. Yes.
5 National? 5 Q. Does your husband own or operate any other
6 A. I would say I don't know how to answer that. 6 businesses other than All American National?
7 Q. Well, you know what an employee does for a 7 A. Yes.
8 business, don't you? 8 Q. What other kinds of businesses does he own
9 A. Yes. 9 other than the All American National?
10 Q. Well, do you presently perform like side 10 A. I'm not exactly certain.
11 work or office work or other services for All American 11 Q. Okay. Is it more than one other business
12 National for which you are paid? 12 that you're referring to or multiple other businesses,
13 A. I do. 13 other than American National, those things that are
14 Q. Okay. What kind of services do you provide 14 related to All American National?
15 to the business presently? 15 A. I'm not exactly certain.
16 A. I consult and do design. 16 Q. Fair enough. Do you know what he does in
17 Q. Fair enough. Are you -- do you hold any 17 connection -- if anything -- in connection with his
18 corporate office titles with All American National, like 18 ownership interest in the businesses other than All
19 treasurer, secretary, or vice-president, those kinds of 19 American National?
20 things? 20 A. I don't understand the question.
21 A. No. 21 Q. Well, your husband testified that -- about
22 Q. Do you sit or are you named as a -- one of 22 his duties in connection with All American National, and
23 the board of directors for All American National? 23 the things that he does to support that company as its
24 A. No. 24 owner. And he listed them for us. A lot of them
25 Q. Fair enough. When you say you're consulting 25 involve travel and meeting with clients and overseeing
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1 his employees. Can you tell from having lived with him 1 this questioning is just without any relevance.
2 for the past 11 years what, if anything, he does in 2 MR. HOARE: All right.Dan, you gave me a
3 connection with these other businesses on a regular 3 lecture about speaking objections a couple of
4 basis, if anything? 4 depositions ago. All of this is on the video record.
5 A. Other than his travel and meetings? 5 All I asked you is:Do you want this on the video
6 Q. Yes. 6 record and leave it on the court or do you want it on
7 A. I mean, he -- that's all I know. 7 both?
8 Q. Okay. So as I understand your last answer, 8 MR. NIAMEHR: We could go off the record and
9 Miguel travels for the All American National Company and 9 talk about this, also, but I'm maintaining my
10 visits their locations, and he also travels and takes 10 objections. You know, this is not a speaking objection
11 meetings for businesses other than All American 11 because I'm not inferring anything. I'm just stating
12 National. Is that a fair statement? 12 for the record that she's here as a fact witness.
13 A. He travels to meet with clients that they 13 MR. HOARE: No, you're instructing the
14 provide services for. 14 witness to how to answer questions, and that's improper
15 MR. HOARE: Understood. 15 as I'm sure you know.
16 MR. NIAMEHR: I'd just note my objection.
I 16 MR. NIAMEHR: I'm not sure I instructed her
17 mean, first I just want to state for the record -- 17 on anything so far.
18 MR. HOARE: Do we want to go off the record, 18 MR. HOARE: Okay.
19 Dan? 19 MR. NIAMEHR: She's not saying it's not
20 MR. NIAMEHR: I can keep it on the record. 20 relevant. She's been answering all the questions so
21 Just that Miguel Ferrer is not making a claim for lost 21 far.
22 wages or loss of business, and we're here for a 22 MR. HOARE: Okay. Ms. Court Reporter, could
23 deposition of Ms. Ferrer, Mrs. Ferrer, as a fact witness 23 you read back my last full question to the witness?
24 with respect to the actual incident.
You know, I'm 24 (Last question and answer read.)
25 giving a lot of leeway, but at some point, you know, 25 BY MR. HOARE:
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1 Q. Mrs. Ferrer, how many days a month would you 1 fair to say that he's home about half of the month and
2 estimate your husband travels outside the state of Idaho 2 he's out traveling around the United States for the
3 in connection with any of the various businesses that he 3 other half, on average?
4 owns and operates presently? 4 MR. NIAMEHR: Just note my objection.
5 MR. NIAMEHR: Just note my objection. You 5 THE WITNESS: I really don't know how to
6 can answer. 6 answer that question.
7 THE WITNESS: It varies.He doesn't have a 7 BY MR. HOARE:
8 set schedule. It always varies. 8 Q. Fair enough. And when he travels, in your
9 BY MR. HOARE: 9 example, he's away for one week sometimes in a month,
10 Q. Ms. Ferrer -- Mrs. Ferrer, I'm going to ask 10 two weeks, and sometimes three. Did he go to an
11 you to listen to my question.Okay? I gave you that 11 airport, get on an airplane, fly somewhere, stay there
12 instruction at the very beginning of the case, of this 12 and then come home, or does he drive around the United
13 today. This process will go much faster if you just do 13 States in a car?
14 that. My question is: On an average month, estimating, 14 A. It varies.
15 how many days does your husband spend away from your 15 Q. So sometimes he drives to appointments,
16 marital abode on business for any of the businesses, the 16 meetings, and other business-related activities, and
17 several businesses that he owns, on a monthly basis? 17 other times he takes an airplane?
18 MR. NIAMEHR: Just note my objection. 18 A. I guess. I mean, I -- it's always --
19 THE WITNESS: Like I said, it varies.
It 19 everything's always changing. Clients are in different
20 could be one week out of the month. It could be two 20 locations.We don't have a set schedule. We don't have
21 weeks out of the month. It could be three weeks out of 21 set clients.Things are constantly changing in our
22 the month. Everything in our life varies. 22 lives.
23 BY MR. HOARE: 23 Q. Okay. And as is true with many of us.But
24 Q. And I understand he doesn't provide, you 24 my question is: Percentagewise, how many of his
25 know, you a schedule of "This is what I'm doing."
Is it 25 business trips involve air travel, based on your being
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1 married to him for 11 years, if you know? 1 Miguel Ferrer, for his business -- who do they go to?
2 A. I don't know that number. I know he gets on 2 A. I don't know if they arrive here or to his
3 planes quite a bit, but I don't know the ratio of 3 corporate office.
4 driving versus being on a plane. 4 Q. After this lawsuit was filed, did you --
5 Q. Do you handle his travel arrangements for 5 were you asked to preserve the credit card records of
6 his business trips in any way? 6 Miguel Ferrer for his business travel for any reason?
7 A. No. 7 A. No.
8 Q. Does he book his travel arrangements -- you 8 Q. Did you take any steps to preserve the
9 know, airlines, rent-a-car, hotel rooms -- does he book 9 credit card receipts and charges for his business travel
10 them by himself or does he utilize a travel agency? 10 once this lawsuit was filed?
11 MR. NIAMEHR: Note my objection. 11 A. No.
12 BY MR. HOARE: 12 MR. NIAMEHR: Objection.
13 Q. You can answer, Mrs. Ferrer. 13 BY MR. HOARE:
14 A. He books some stuff himself. He has an 14 Q. Did anyone tell you to preserve the credit
15 assistant, as well.And I mean, I can't answer what my 15 card records for Miguel Ferrer's business travel, hotel
16 husband does all day long every day, you know, it's 16 stays, marketing, dinners and car rentals since this
17 impossible. I can't answer that. 17 lawsuit was filed?
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FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 1 Page 2 SUPREME COURT OF THE STATE OF NEW YORK 1 APPEARANCES COUNTY OF NEW YORK 2 3 FOR THE PLAINTIFF: 4 NIAMEHR LAW FIRM MIGUEL FERRER, ) BY: DANIEL J. NIAMEHR, ATTORNEY AT LAW ) 5 30 Wall Street, 8th Floor Plaintiff, ) Index No. 151963/2020 New York, NY 10005 ) 6 (646) 224-0735 vs. ) daniel@niamehrlaw.com ) 7 GO NEW YORK TOURS, INC., ) FOR DEFENDANTS GO NEW YORK TOURS, INC., and JARROD 8 POOLE: JARROD POOLE, CITY OF ) 9 CAPEHART & SCATCHARD, P.A. NEW YORK, MANHATTAN AND ) BY: CHRISTOPHER J. HOARE, ATTORNEY AT LAW BRONX SURFACE TRANSIT ) 10 8000 Midlantic Drive, Suite 300S OPERATING AUTHORITY AND ) PO Box 5016 TRIBOROUGH BRIDGE AND ) 11 Mount Laurel, NJ 08054-5016 TUNNEL AUTHORITY, ) (856) 234-6800 12 choare@capehart.com ) 13 FOR DEFENDANT GO NEW YORK TOURS: Defendants. ) 14 BARTON LLP _________________________) BY: MAURICE ROSS, ATTORNEY AT LAW 15 711 Third Avenue, 14th Floor DEPOSITION OF MARTHA JARA-FERRER New York, NY 10017 TAKEN ON BEHALF OF THE DEFENDANTS 16 mross@bartonesq.com VIA ZOOM 17 FOR DEFENDANT CITY OF NEW YORK: 18 CORPORATION COUNSEL OF THE CITY OF NEW YORK JUNE 29, 2022, AT 9:32 A.M. BY: HUNTER IGOE, ATTORNEY AT LAW 19 100 Church Street New York, NY 10007 REPORTED BY: 20 higoe@law.nyc.gov JULIE MCCAUGHAN, C.S.R. NO. 684 21 ALSO PRESENT: Notary Public 22 ALANA PEPE TIGER LEE 23 THE VIDEOGRAPHER: 24 VLADIMIR KORNEYCHUK 25 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 Page 3 Page 4 1 INDEX 1 THE VIDEOGRAPHER: Good morning. We are on 2 TESTIMONY OF MARTHA JARA-FERRER PAGE 2 the record.This is the recorded video deposition of 3 Examination by Mr. Hoare 5 3 Martha Jara-Ferrer in the matter of Ferrer vs. Go New 4 Examination by Mr. Igoe 169 4 York Tours. This deposition is taking place via Zoom 5 Further Examination by Mr. Hoare 171 5 with all participants attending remotely on June 29, 6 6 2022 at 9:32 a.m. My name is Vladimir Korneychuk. I'm 7 DEPOSITION EXHIBITS: PAGE 7 the videographer with M & M Court Reporting, located at 8 Exhibit 8 Police Report 82 8 816 Sherman Avenue, Suite 7, Coeur d'Alene Idaho, 83814. 9 Exhibit 9 Photographs 104 9 Would counsel please identify yourself and 10 Exhibit 11 Bellevue Medical Record Excerpts 87 10 state whom you represent? 11 Exhibit 12 Photographs 96 11 MR. NIAMEHR: Sure. I represent the witness 12 Exhibit 14 Photographs 137 12 and the plaintiff in this case, Miguel Ferrer. My name 13 Exhibit 17 Instagram Documents 148 13 is Daniel Niamehr from the Niamehr Law Firm, 30 Wall 14 14 Street, 8th Floor, New York, New York 10005. 15 15 MR. HOARE: Good morning. My name is 16 16 Christopher Hoare. I'm an attorney with the law firm 17 17 called Capehart & Scatchard.I represent two 18 18 defendants, Go New York Tours and a bus driver by the 19 19 name of Jarrod Poole. My office address is 8000 20 20 Midlantic Drive, Suite 300S, as in south, in the city of 21 21 Mount Laurel, New Jersey, 08054. 22 22 MR. ROSS: Good morning. This is Maurice 23 23 Ross from Barton LLP. I represent Go New York Tours in 24 24 this matter.Our address is 711 Third Avenue, New York, 25 25 New York 10017. www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 5 Page 6 1 MR. IGOE: Good morning my name is Hunter 1 from? 2 Igoe. I represent the City of New York in this matter. 2 A. I am in my home in Post Falls, Idaho. 3 I work for the New York City Law Department also called 3 Q. Is there anyone else in the room with you or 4 the Office of the Corporation Counsel.We're located at 4 within hearing of you currently? 5 100 Church Street, New York, New York 10007. 5 A. No, sir. 6 THE VIDEOGRAPHER: Thank you. The certified 6 Q. Have you ever given something called a 7 court reporter is Julie McCaughan. Would you please 7 deposition before today? 8 swear in the witness? 8 A. Never. 9 THE REPORTER: Would you raise your right 9 Q. Okay. I'll explain a couple of ground rules 10 hand, please? Do you swear to tell the truth, the whole 10 that, if you and I both follow them, the process will go 11 truth, and nothing but the truth? 11 much faster and smoother. The oath that you were just 12 THE WITNESS: I do. 12 given by the court reporter is the same oath that you 13 MARTHA JARA-FERRER, 13 would take if we were in a court of law with a judge 14 having been first duly sworn to tell the truth, the 14 present and a Bible under one of your hands. It 15 whole truth, and nothing but the truth, relating to said 15 requires you to tell the truth to the best of your 16 cause, deposes and says: 16 ability today and to answer the questions fully, because 17 EXAMINATION 17 the oath requires you to be truthful. Do you understand 18 QUESTIONS BY MR. HOARE: 18 that? 19 Q. Good morning, Mrs. Ferrer. My name is 19 A. Yes. 20 Christopher Hoare, as I stated earlier. I represent a 20 Q. Procedurally, please wait for me to finish 21 bus company in Manhattan as well as the driver of that 21 my question before starting an answer to it.You're 22 bus in a lawsuit that was filed by Mr. Niamehr on behalf 22 doing a good job so far in that. It makes the court 23 of your husband Miguel for certain injuries he sustained 23 reporter's job much easier, and also the Zoom software 24 on September the 27th, 2019. Where are you 24 cuts out one speaker when a new speaker begins talking. 25 participating today in this remote or Zoom deposition 25 So if you just wait for me to finish the question, www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 Page 7 Page 8 1 you'll understand what it is I'm asking, and that will 1 something was from you at a given time. An estimate is 2 allow the court reporter to get down the question before 2 different than a guess.And if you're able to make that 3 you begin your answer.Do you understand that? 3 estimate, I'd ask you to do so with the understanding we 4 A. Yes. 4 all share that it's an estimate by you and not an exact 5 Q. If you don't understand one of my 5 measurement or time frame. Do you understand that? 6 questions -- that's going to happen today -- just tell 6 A. Yes. 7 me and I'll rephrase it for you. I don't want you to 7 Q. In the unlikely event that one of the 8 guess at what you think I'm asking or if my question 8 attorneys makes an objection to one of my questions, let 9 doesn't make sense to you for any reason, just tell me, 9 us put our objection on the record, the typewritten 10 "Can you rephrase?" or "I don't understand," and I will 10 record; but unless Mr. Niamehr tells you not to, you 11 rephrase it so that you do. 11 would still give an answer to the question. Do you 12 You need to answer verbally our questions. 12 understand that? 13 Although you and I might understand what we mean when we 13 A. Yes. 14 nod our head or shake our head or say uh-huh or huh-uh, 14 Q. Okay. Will you agree to follow those basic 15 the young lady taking down the question and answer today 15 ground rules? 16 can only write words down. 16 A. Yes. 17 I would ask that you don't guess at answers 17 Q. As will I.Can you please state your full 18 to any of my questions.If you don't know an answer, 18 name, spelling your first and last names for the record? 19 don't recall it or never knew it at all, just tell us 19 A. My name is Martha Jara-Ferrer. My first 20 that and we'll move on. I don't want -- you know, I 20 name is spelled M-a-r-t-h-a. My last name is J-a-r-a 21 know I, for one, and everyone else here today doesn't 21 hyphen F-e-r-r-e-r. 22 want you to guess at information that you simply don't 22 Q. Thank you. I'm going to ask you for your 23 have. But I may ask you questions that ask for a 23 date of birth, but the court reporter will only write 24 estimate by you in either distance or time, like about 24 down the month and the date, for identity purposes. 25 how long something took or approximately how far away 25 A. (Redacted by agreement of parties.) www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 9 Page 10 1 MR. HOARE: Thank you. 1 ahead and take us off the record. Going off the record 2 MR. NIAMEHR: Can we just redact the entire 2 at 9:41 a.m. 3 date in the record, please, if that's okay? 3 (Off the record.) 4 MR. HOARE: Yeah, that works. 4 THE VIDEOGRAPHER: Back on the record at 5 MR. NIAMEHR: Thank you. 5 9:41 a.m. 6 MR. HOARE: No part of your date of birth 6 BY MR. HOARE: 7 will appear on the paper record. 7 Q. Are you currently taking any medications as 8 BY MR. HOARE: 8 you sit here today? 9 Q. And what is your Social Security number? 9 A. No, sir. 10 And again, the court reporter will not write it down at 10 Q. Did you review any documents or photographs 11 all, any part of it. 11 in preparation for your appearance here today? 12 A. Am I supposed to give my Social Security 12 A. No. 13 number here? 13 Q. Did you review any police report or medical 14 MR. NIAMEHR: You can. It's just for the 14 records prior to your appearance here today for the 15 record. It's not going to go on the record. 15 purpose of your appearance here today? 16 THE VIDEOGRAPHER: I'm sorry. I'm sorry. 16 A. Just a couple of things that Daniel and I 17 I'm sorry, Counsel. This is the videographer. Did you 17 went through yesterday. 18 want me to go off the record with that -- with what you 18 Q. Okay. Was that the first -- was that the -- 19 had asked? 19 strike that.The things you reviewed -- I'm not asking 20 MR. NIAMEHR: If we could keep the date of 20 what you and Daniel discussed, but what were the paper 21 birth and Social Security number removed from all the 21 documents you reviewed yesterday? 22 video, that would be requested. 22 A. I'm not exactly sure on the documents. 23 MR. HOARE: I agree. Yes. Let's go off the 23 Q. Okay. Well, were they paper or were they 24 video record, too. 24 online? 25 THE VIDEOGRAPHER: Okay. Okay. I'll go 25 A. He was just showing me a couple of -- I www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 Page 11 Page 12 1 think there was some photos and -- I saw the video for 1 and Mr. Niamehr ever spoke with one another? 2 the first time. 2 A. We had spoke -- we had spoken a few days 3 Q. And the video you're referring to is the 3 prior for the first time. Yeah. 4 video from the onboard bus camera of the accident 4 Q. Prior to today? 5 involving your husband's right arm? 5 A. Prior to yesterday.I think it was maybe 6 A. Yes, sir. 6 last week. Just spoke briefly in introduction. 7 Q. Okay. And the documents -- or strike that. 7 Q. Fair enough. And I'm not -- and I don't 8 The photos that you reviewed, had you seen them before 8 mean to ask you about that conversation or any 9 yesterday or whenever you spoke with Mr. Niamehr? 9 conversation since then before now, but was -- had you 10 A. It had been a while. 10 ever spoken to Mr. Niamehr, for example, between 11 Q. Did you recognize those photographs as 11 September 27, 2019, the date of your husband's accident, 12 photographs that you took? 12 and last week? 13 A. Yes. 13 A. No. 14 Q. What did the photographs that you looked at 14 Q. Were you ever present when Miguel spoke with 15 in preparation for today depict?What was in the 15 Mr. Niamehr by phone or otherwise? 16 pictures? 16 A. No. 17 A. It was photos of the sign and damage to the 17 Q. When were you and Miguel married? 18 sign and my husband's arm. 18 A. We are -- or we just celebrated our 11-year 19 Q. And those were taken -- my understanding -- 19 anniversary this month. 20 we have those and we'll look at them later, but my 20 Q. Congratulations. 21 understanding is those are photographs that you took 21 A. Thank you. 22 while you were still in New York shortly after your 22 Q. How long had you known one another before 23 husband's accident. Is that correct? 23 you got married, approximately in 2011? 24 A. Correct. 24 A. Couple of years. 25 Q. Okay. Was yesterday the first time that you 25 Q. Okay. How did you two guys meet? www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 13 Page 14 1 A. He was a client of mine. 1 A. No. 2 Q. Now, my understanding is that you are a 2 Q. Does Miguel have any children of his own? 3 realtor? 3 A. No. 4 A. Realtor and interior designer. 4 Q. Your first marriage ended in a divorce? Is 5 Q. And which of those two professions did 5 that my assumption? 6 you -- did you assist Miguel by providing him services 6 A. Yes. 7 and in the process met him? Was it as an interior 7 Q. What city were you born in? 8 decorator client or as a realtor client? 8 A. I was born in Hollywood, California. 9 A. As an interior designer. 9 Q. From birth until approximately 18 years old, 10 Q. When you met for the first time, where were 10 where did you grow up? Also in California, Los Angeles 11 you living? In your current address or some other 11 area? 12 state? 12 A. We lived in Los Angeles just for a few 13 A. Another state. 13 years, and then we moved to the Inland Empire, just 14 Q. That state being California? 14 about an hour away. 15 A. Yes, sir. 15 Q. And for someone like me who isn't from 16 Q. Okay. Do you have any children with Miguel? 16 California, that was still in the state of California? 17 A. No. 17 A. Yes, sir.In southern California. 18 Q. Had you been previously married before you 18 Q. Fair enough. And where did you attend high 19 got married to Miguel in 2011? 19 school? 20 A. Yes. 20 A. Yucaipa High School. 21 Q. Okay. Do you have any children by your 21 Q. Did you graduate? 22 prior marriage? 22 A. Yes. 23 A. No. 23 Q. Do you hold any -- or what year was your 24 Q. Had Miguel ever been married before you and 24 graduation? 25 he married in 2011? 25 A. '94. www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 Page 15 Page 16 1 Q. After Yucaipa High School, did you go on to 1 East Shoreline? 2 achieve any advanced degrees beyond high school? 2 A. Nobody else. 3 A. I went to different schools, but I did not 3 Q. Do you own any other real estate, either you 4 get a degree. 4 or Miguel, other than the property at 5531 East 5 Q. Fair enough. What colleges or graduate 5 Shoreline? 6 schools did you attend classes at, even though you did 6 A. We do. 7 not get a degree at? 7 Q. What property or -- strike that. What is 8 A. I went to San Bernardino Valley College, I 8 the address or the kind of a building or property that 9 went to Brigham Young University, and UCLA. 9 you own other than the one you live in? 10 Q. When you went to those two institutions, 10 A. We have other properties together, but I 11 were you pursuing a certain field of study or general 11 don't know all the addresses and locations. 12 studies? 12 Q. Are they rental properties? 13 A. More so general. 13 A. Business properties. 14 Q. What is your current address? 14 Q. Are those business properties related to 15 A. 5531 East Shoreline Drive, Post Falls, 15 Miguel's company? 16 Idaho. 16 A. Yes. 17 Q. How long have you lived at your present 17 Q. Okay. And Miguel explained to us when we 18 address? 18 were able to ask questions of him that he owns his own 19 A. I think we've been -- 19 company with various locations around the United States. 20 Q. Excuse me. Estimating's okay here. 20 Is that what you're referring to? 21 A. Yeah. I want to say about three years. 21 A. Yes. 22 Q. Do you own or rent the property at 5531 East 22 Q. Okay. Other than the business properties 23 Shoreline? 23 that related to Miguel's business, do you own any other 24 A. Own. 24 like vacation home or any other real estate that is not 25 Q. And who lives with you and Miguel at 5531 25 related to Daniel's business together? www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 17 Page 18 1 A. Not that I'm aware of. 1 A. Yes. 2 Q. Fair enough. Before moving to 5531 East 2 Q. When was the last employment you had where 3 Shoreline, where did you live? 3 you worked for a company prior to becoming 4 A. At a home about five minutes from here. 4 self-employed? 5 Q. Okay. And did you own or rent the home also 5 A. The last company I worked for was in Dallas. 6 in Post Falls about five minutes away? 6 Q. And what kind of work was that? 7 A. Own. 7 A. Interior design. 8 Q. And how long did you reside in that property 8 Q. Fair enough. Approximately how long ago was 9 before moving into 5531? 9 your employment in Dallas for an interior design 10 A. A little over two years, I believe. 10 company? Estimating's okay. 11 Q. Okay. And before moving to that property, 11 A. I don't recall. It's been a while. 12 where did you and Miguel live? 12 Q. Was it more than five years? 13 A. San Diego. 13 A. Yes. 14 Q. Okay. Are you employed or self-employed, 14 Q. All right.Do you remember the name of that 15 either part-time or full-time, in any capacity? 15 company? 16 A. Self-employed. 16 A. Ten Plus Three. 17 Q. And in what field of business are you 17 Q. Ten Plus 30 or Ten Plus Three? 18 self-employed? What do you do? 18 A. Ten Plus Three. 19 A. I am an interior designer. I work for 19 Q. Got it. And Miguel presently owns his own 20 myself. And I am a real estate agent, and I hang my 20 business. Is that correct? 21 license with a broker here in town, but we're all 21 A. Yes. 22 essentially self-employed. 22 Q. What is the name of that business? 23 Q. Fair enough. Did you ever work for another 23 A. All American National. I think I'm saying 24 company -- for an employer other than your 24 that right. 25 self-employment? 25 Q. And how long has Miguel been the owner of www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 Page 19 Page 20 1 All American National? Estimating's okay. 1 and designing for All American National, are those 2 A. I don't know the answer to that. 2 similar services to the ones that you provide your 3 Q. Fair enough. Are you an employee of that 3 self-employed clients, like interior design? 4 business in any capacity, Miguel's All American 4 A. Yes. 5 National? 5 Q. Does your husband own or operate any other 6 A. I would say I don't know how to answer that. 6 businesses other than All American National? 7 Q. Well, you know what an employee does for a 7 A. Yes. 8 business, don't you? 8 Q. What other kinds of businesses does he own 9 A. Yes. 9 other than the All American National? 10 Q. Well, do you presently perform like side 10 A. I'm not exactly certain. 11 work or office work or other services for All American 11 Q. Okay. Is it more than one other business 12 National for which you are paid? 12 that you're referring to or multiple other businesses, 13 A. I do. 13 other than American National, those things that are 14 Q. Okay. What kind of services do you provide 14 related to All American National? 15 to the business presently? 15 A. I'm not exactly certain. 16 A. I consult and do design. 16 Q. Fair enough. Do you know what he does in 17 Q. Fair enough. Are you -- do you hold any 17 connection -- if anything -- in connection with his 18 corporate office titles with All American National, like 18 ownership interest in the businesses other than All 19 treasurer, secretary, or vice-president, those kinds of 19 American National? 20 things? 20 A. I don't understand the question. 21 A. No. 21 Q. Well, your husband testified that -- about 22 Q. Do you sit or are you named as a -- one of 22 his duties in connection with All American National, and 23 the board of directors for All American National? 23 the things that he does to support that company as its 24 A. No. 24 owner. And he listed them for us. A lot of them 25 Q. Fair enough. When you say you're consulting 25 involve travel and meeting with clients and overseeing www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 21 Page 22 1 his employees. Can you tell from having lived with him 1 this questioning is just without any relevance. 2 for the past 11 years what, if anything, he does in 2 MR. HOARE: All right.Dan, you gave me a 3 connection with these other businesses on a regular 3 lecture about speaking objections a couple of 4 basis, if anything? 4 depositions ago. All of this is on the video record. 5 A. Other than his travel and meetings? 5 All I asked you is:Do you want this on the video 6 Q. Yes. 6 record and leave it on the court or do you want it on 7 A. I mean, he -- that's all I know. 7 both? 8 Q. Okay. So as I understand your last answer, 8 MR. NIAMEHR: We could go off the record and 9 Miguel travels for the All American National Company and 9 talk about this, also, but I'm maintaining my 10 visits their locations, and he also travels and takes 10 objections. You know, this is not a speaking objection 11 meetings for businesses other than All American 11 because I'm not inferring anything. I'm just stating 12 National. Is that a fair statement? 12 for the record that she's here as a fact witness. 13 A. He travels to meet with clients that they 13 MR. HOARE: No, you're instructing the 14 provide services for. 14 witness to how to answer questions, and that's improper 15 MR. HOARE: Understood. 15 as I'm sure you know. 16 MR. NIAMEHR: I'd just note my objection. I 16 MR. NIAMEHR: I'm not sure I instructed her 17 mean, first I just want to state for the record -- 17 on anything so far. 18 MR. HOARE: Do we want to go off the record, 18 MR. HOARE: Okay. 19 Dan? 19 MR. NIAMEHR: She's not saying it's not 20 MR. NIAMEHR: I can keep it on the record. 20 relevant. She's been answering all the questions so 21 Just that Miguel Ferrer is not making a claim for lost 21 far. 22 wages or loss of business, and we're here for a 22 MR. HOARE: Okay. Ms. Court Reporter, could 23 deposition of Ms. Ferrer, Mrs. Ferrer, as a fact witness 23 you read back my last full question to the witness? 24 with respect to the actual incident. You know, I'm 24 (Last question and answer read.) 25 giving a lot of leeway, but at some point, you know, 25 BY MR. HOARE: www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 Page 23 Page 24 1 Q. Mrs. Ferrer, how many days a month would you 1 fair to say that he's home about half of the month and 2 estimate your husband travels outside the state of Idaho 2 he's out traveling around the United States for the 3 in connection with any of the various businesses that he 3 other half, on average? 4 owns and operates presently? 4 MR. NIAMEHR: Just note my objection. 5 MR. NIAMEHR: Just note my objection. You 5 THE WITNESS: I really don't know how to 6 can answer. 6 answer that question. 7 THE WITNESS: It varies.He doesn't have a 7 BY MR. HOARE: 8 set schedule. It always varies. 8 Q. Fair enough. And when he travels, in your 9 BY MR. HOARE: 9 example, he's away for one week sometimes in a month, 10 Q. Ms. Ferrer -- Mrs. Ferrer, I'm going to ask 10 two weeks, and sometimes three. Did he go to an 11 you to listen to my question.Okay? I gave you that 11 airport, get on an airplane, fly somewhere, stay there 12 instruction at the very beginning of the case, of this 12 and then come home, or does he drive around the United 13 today. This process will go much faster if you just do 13 States in a car? 14 that. My question is: On an average month, estimating, 14 A. It varies. 15 how many days does your husband spend away from your 15 Q. So sometimes he drives to appointments, 16 marital abode on business for any of the businesses, the 16 meetings, and other business-related activities, and 17 several businesses that he owns, on a monthly basis? 17 other times he takes an airplane? 18 MR. NIAMEHR: Just note my objection. 18 A. I guess. I mean, I -- it's always -- 19 THE WITNESS: Like I said, it varies. It 19 everything's always changing. Clients are in different 20 could be one week out of the month. It could be two 20 locations.We don't have a set schedule. We don't have 21 weeks out of the month. It could be three weeks out of 21 set clients.Things are constantly changing in our 22 the month. Everything in our life varies. 22 lives. 23 BY MR. HOARE: 23 Q. Okay. And as is true with many of us.But 24 Q. And I understand he doesn't provide, you 24 my question is: Percentagewise, how many of his 25 know, you a schedule of "This is what I'm doing." Is it 25 business trips involve air travel, based on your being www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 www.mmcourt.com Jara-Ferrer, Martha 6/29/2022 FILED: NEW YORK COUNTY CLERK 10/06/2022 06:55 PM INDEX NO. 151963/2020 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 10/06/2022 Page 25 Page 26 1 married to him for 11 years, if you know? 1 Miguel Ferrer, for his business -- who do they go to? 2 A. I don't know that number. I know he gets on 2 A. I don't know if they arrive here or to his 3 planes quite a bit, but I don't know the ratio of 3 corporate office. 4 driving versus being on a plane. 4 Q. After this lawsuit was filed, did you -- 5 Q. Do you handle his travel arrangements for 5 were you asked to preserve the credit card records of 6 his business trips in any way? 6 Miguel Ferrer for his business travel for any reason? 7 A. No. 7 A. No. 8 Q. Does he book his travel arrangements -- you 8 Q. Did you take any steps to preserve the 9 know, airlines, rent-a-car, hotel rooms -- does he book 9 credit card receipts and charges for his business travel 10 them by himself or does he utilize a travel agency? 10 once this lawsuit was filed? 11 MR. NIAMEHR: Note my objection. 11 A. No. 12 BY MR. HOARE: 12 MR. NIAMEHR: Objection. 13 Q. You can answer, Mrs. Ferrer. 13 BY MR. HOARE: 14 A. He books some stuff himself. He has an 14 Q. Did anyone tell you to preserve the credit 15 assistant, as well.And I mean, I can't answer what my 15 card records for Miguel Ferrer's business travel, hotel 16 husband does all day long every day, you know, it's 16 stays, marketing, dinners and car rentals since this 17 impossible. I can't answer that. 17 lawsuit was filed?