Preview
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF KINGS
- - - - - - - - - - - - - - - - - - - - - -
4 x
5 NATHANIEL GRAYTON, an infant, by his mother
6 and natural guardian, SHERRI SKIDMORE,
7 Plaintiff,
8
-against- Index No.
9 VASUDHA VISWANATHAN, M.D., CALIXTO 508009/13
10 CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
11 FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D.
12 and WYCKOFF HEIGHTS MEDICAL CENTER,
13 Defendants.
- - - - - - - - - -.- - - - - - - - - - - -
x
14
15 October 23, 2015
16 10:08 a.m.
17
18 Deposition of SHERRI SKIDMORE, held at
19 the offices of Levine & Grossman, Esqs.,
20 114 Old Country Road, Mineola, New York, pursuant
21 to Order, before Tara K. Segelken, a Shorthand
22 Reporter and Notary Public of the State of
23 New York.
24
25 . REPORTERS CENTRAL, LLÓ
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
2
1
2 A P P E A R A N C E S:
4 LEVINE & GROSSMAN, ESQS.
5 Attorneys for Plaintiff
6 114 Old Country Road
7 Mineola, New York 11501
8 BY: BRIAN LOCKHART, ESQ.
9
10 COSTELLO, SHEA & GAFFNEY LLP
11 Attorneys for Defendants Vasudha Viswanathan, M.D.,
12 Calixto Cazano, M.D. and Fernando Ginebra, M.D.
13 44 Wall Street
14 New York, New York 10005
15 BY: STEVEN GARRY, ESQ.
16 FILE NO: 26779
17
18 BROWN, GRUTTADARO, GAUJEAN & PRADO, LLC
19 Attorneys for Defendant Rajendra Bhayani, M.D.
20 White Plains Plaza
21 1 North Broadway, 10th Floor
22 White Plains, New York 10601
23 BY: GINETTE M. PORTERA, ESQ.
24 FILE NO: 03-01-14-25
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
3
1
2 A P P E A R A N C E S (Continued) :
3
4 ARSHACK, HAJEK & LEHRMAN, PLLC
5 Attorneys for Defendants Sony Loiseau, M.D.
6 and Wyckoff Heights Medical Center
7 1790 Broadway, Suite 710
8 New York, New York 10019
9 BY: LYNN HAJEK, ESQ.
10 FILE NO: WK2731
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
4
1
2 IT IS HEREBY STIPULATED AND AGREED,
3 by and between the attorneys for the respective
4 parties hereto, that:
5 All rights provided by the CPLR and
6 Part 221 of the Uniform Rules for the Conduct
7 of Depositions, including the right to object
8 to any question, except as to form, or to move
9 to strike any testimony at this examination is
10 reserved; and in addition, the failure to
11 object to any question or to move to strike
12 testimony at this examination shall not be a
13 bar or waiver to make such motion at, and is
14 reserved to, the trial of this action.
15 This deposition may be sworn to by
16 the witness being examined before a Notary
17 Public other than the Notary Public before
18 whom this examination was begun, but the
19 failure to do so or to return the original of
20 this deposition to counsel shall not be deemed
21 a waiver of the rights provided by Rule 3116
22 of the CPLR and shall be controlled thereby.
23 The filing of the original of this
24 deposition is waived.
25 REPORTERS CENTRAL, LLC
363'SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
5
1
2 S H E R R I S K I D M O R E,
3 having been first duly sworn by Tara K.
4 Segelken, a Notary Public in and for the
5 State of New York, was examined and
6 testified as follows:
7 EXAMINATION BY
8 MR. GARRY:
9 Q. Please state your name for the record.
10 A. Sherri Skidmore.
11 Q. What is your current address?
12 A. 228 Moffat Street, Apartment 3L,
13 Brooklyn, New York 11207.
14 Q. Good morning, Ms. Skidmore. My name
15 is Steven Garry. I'm an attorney with the law
16 firm of Costello, Shea & Gaffney. We represent
17 three of the defendants in this lawsuit about
18 which we are here today.
19 I'm going to have some questions for
20 you, after which the other attorneys may also
21 have questions. There are a few basic
22 instructions which you may have already been
23 given, but let me just reiterate a couple of
24 things.
25 REPORTERS CENTRAL , LLC
363 SEVENTH AVENUE, NY C 10 001
(212 ) 594 -3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
6
1 S. Skidmore
2 My questions and your answers are all
3 being recorded by the court reporter here today,
4 so a couple of things are very important.
5 The court reporter can only record
6 one person speaking at a time, so if you can,
7 try to remember to wait until I've finished my
8 question, even if you think you know where I'm
9 going, wait until I have concluded before you
10 begin your answer.
11 Likewise, I will try to remember to
12 wait until you have finished your answer before
13 I ask another question.
14 Understood?
15 A. Understood.
16 Q. Also, the court reporter can only
-- whatever
17 record verbal words yes, no, the
be -- as opposed to a nod of the
18 words may
19 head or a shake of the head or a shrug of the
20 shoulders. Those can't be recorded accurately.
21 When I do ask a question, I ask
22 that you try to answer the question with words.
23 Okay?
24 A. Okay.
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10OO1
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
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1 S. Skidmore
2 Q. Also, if you don't know the answer
don't know"
3 to a question, "I is perfectly
4 acceptable. If you don't have a precise
5 recollection of something, but you can give me
6 an estimate that is reasonable in your mind,
7 an estimate of something or an approximation
8 that you feel is accurate, that is okay, too.
9 Okay?
10 A. Yes.
11 Q. If you have any difficulty at all
12 with any question that I ask, whether you don't
13 understand it, or for any other reason you would
14 like me to rephrase it, let me know, and I will
15 do whatever I can to clear up whatever difficulty
16 you may have with the question.
17 Okay?
18 A. Okay.
19 Q. Have you ever had your deposition
20 taken before?
21 A. No.
22 Q. Have you ever given any sworn
23 testimony in any kind of a setting, such as a
24 trial or in some other context prior to today?
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
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1 S. Skidmore
2 A. Yes.
3 Q. Generally, without getting into
4 specifics, what were the circumstances?
5 A. I was in a car accident.
6 Q. What was your role in testifying in
7 connection with the car accident; were you a
8 witness, were you one of the parties?
9 A. I was part of the accident. I was
10 in the car.
11 Q. Were you the plaintiff in the lawsuit?
12 A. Yes.
13 Q. You were bringing the lawsuit?
14 A. Yes.
15 Q. And these were personal injuries
16 that you sustained?
17 A. Yes.
18 Q. Where was that lawsuit brought?
19 A. Westchester County.
20 Q. When was the lawsuit brought; do you
21 recall?
22 A. 2013.
23 Q. Is the lawsuit still pending?
24 A. No.
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
9
1 S. Skidmore
2 Q. Were you represented by attorneys in
3 that case?
4 A. Yes.
5 Q. Do you recall the name of the law
6 firm that represented you?
7 A. No.
8 Q. Were you the plaintiff and the name
"Sherri Skidmore" in
9 appears the case?
10 A. Yes.
11 Q. Apart from that car accident case,
12 have you ever given any testimony under oath in
13 any other kind of proceeding?
14 A. Yes.
15 Q. Before coming here today, did you
16 review any documents or other materials in
17 preparation for giving testimony?
18 A. No.
19 Q. Did you speak with anyone, other than
20 your attorneys, about the testimony you were
21 going to give here today?
22 A. No.
23 Q. I have your address as 228
-- M-o-f-f-a-t -- Street?
24 Moffat
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
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1 S. Skidmore
2 A. Yes.
3 Q. Apartment 3L in Brooklyn 11207 ,
4 correct?
5 A. Yes.
6 Q. For how long have you lived at that
7 address?
8 A. About nine to ten years.
9 Q. What is your date of birth?
10 A. 1981.
11 Q. What is your Social Security number?
12 We'll only put the last four digits
13 of your Social Security number on the record.
14 A. XXX-XX-4674.
15 Q. Who currently resides with you at the
16 Moffat Street address?
Me -- you want the
17 A. names?
18 Q. Yes.
19 A. Me, Sherri Skidmore, Jamel Cradle,
20 Natavia Grayton, Nathaniel Grayton, Jr.,
21 Nevaeh Grayton, Linda Skidmore and Crystal Colon.
22 Q. I'm going to go through each of them,
23 and try and get a sense of how long each of them
24 has been with you at that address.
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
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1 S. Skidmore
2 Who is Jamel Cradle?
3 A. My oldest son.
4 Q. What is his date of birth?
5 A. 1999.
6 Q. Has he lived with you continuously
7 since his birth?
8 A. Yes.
9 Q. How about Natavia Grayton?
10 A. My daughter.
11 Q. What is her date of birth?
12 A. 2002.
13 Q. Again, has she lived with you
14 continuously since her birth?
15 A. Yes.
16 Q. And Nathaniel, Jr., what is his
17 date of birth?
18 A. 2009.
19 Q. And he has lived with you since his
20 birth?
21 A. Yes.
22 Q. How about Nevaeh Grayton?
23 A. 2013.
24 Q. Once again, she has lived with you
2 5 REPORTERS CENTRAL , LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
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NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
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1 S. Skidmore
2 since birth?
3 A. Yes.
4 Q. Who is Linda Skidmore?
5 A. My aunt.
6 Q. For how long has she lived with you?
7 A. I've been living with her for between
8 nine and ten years.
9 Q. The apartment at 228 Moffat, is that
10 her apartment?
11 A. Yes.
12 Q. Do you know how long she has lived
13 at that apartment?
14 A. For a good, probably, 30 to 40 years.
15 Q. Who is Crystal Colon?
16 A. That's my cousin.
17 Q. Is she related to Linda Skidmore?
18 A. That's her daughter.
19 Q. How is Linda Skidmore your aunt?
20 A. She's my mother's sister.
21 Q. With respect to Jamel Cradle, is
"Cradle" his father's name?
22
23 A. Yes.
24 Q. What is his father's full name?
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
13
1 S. Skidmore
2 A. Jamel Cradle.
3 Q. Do you know where he lives?
4 A. No.
5 Q. Where was Jamel Cradle born?
6 A. In Brooklyn, New York.
7 Wyckoff.
8 Q. Where was Natavia born?
9 A. Wyckoff.
10 Q. Nathaniel was born at Wyckoff, as
11 well?
12 A. Yes.
13 Q. And Nevaeh?
14 A. Wyckoff.
15 Q. Since February of 2009, when
16 Nathaniel, Jr. was born, has anyone else lived
17 with you at the apartment on Moffat Street?
18 A. No.
19 Q. What is the name of Nathaniel's
20 father?
21 A. Nathaniel Grayton.
22 Q. He does not reside with you?
23 A. No.
24 Q. Where does he currently reside?
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
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1 S. Skidmore
2 A. He's incarcerated.
3 Q. Do you know where?
4 A. No.
5 Q. Do you know for how long he's been
6 incarcerated?
7 A. For about 13 years.
8 Q. Has he been incarcerated during that
9 13-year period continuously?
10 A. Yes.
11 Straight through.
12 Q. Have you gone to visit him?
13 A. Yes.
14 Q. Where have you gone when you visited
15 him?
16 A. To Greenhaven Correctional Facility.
17 Q. Is that the last place you have gone
18 to visit him?
19 A. No.
20 The Auburn facility was the last place.
21 Q. When was that?
22 A. About four months ago.
23 Q. Are you married to Nathaniel Grayton?
24 A. Yes.
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
15
1 S. Skidmore
2 Q. When were you married to Mr. Grayton?
3 A. 2004.
4 Q. Where were you married?
5 A. In Greenhaven Correctional Facility.
6 Q. Do you know anything at all about
7 Nathaniel, your husband's, medical history?
When I "do you know anything,"
8 say,
9 are you aware of any conditions that he has
10 been treated for during his lifetime?
11 A. No.
12 Besides seizures, that's it.
13 Q. What do you know about his treatment
14 for seizures?
A. He takes -- I'm not of
15 sure the
16 medication, but he has epileptic seizures.
17 That's it.
18 Q. Has that been since you have known
19 him that he's had these seizures?
20 A. Yes.
21 Q. Do you know the name of any doctor
22 that has treated him for that condition?
23 A. No.
24 Q. Do you know whether he was ever
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021
16
1 S. Skidmore
2 hospitalized in connection with his seizures?
3 A. No.
4 Q. Do you know if he receives treatment
5 in whatever facility he has been incarcerated
6 in for the seizures?
7 A. No, I'm not sure.
8 Q. Do you know if Nathaniel, Sr. ever
9 suffered from any sort of respiratory ailment?
10 By that I'm including bronchitis,
11 pneumonia, pleurisy, collapsed lung, asthma.
12 A. No.
You don't know or --
13 Q.
14 A. No.
15 Q. To your knowledge, he never suffered
16 from any of those ailments?
17 A. Yes.
18 Q. Do you know anything about the
19 medical history of Nathaniel, Sr. 's parents?
20 A. No.
21 Q. You have no knowledge of their
22 histories?
23 A. No.
24 Q. Do you know if either his mother or
25 REPORTERS CENTRAL, LLC
363 SEVENTH AVENUE, NYC 10001
(212) 594-3582
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCE
Preview
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF KINGS - - - - - - - - - - - - - - - - - - - - - - 4 x 5 NATHANIEL GRAYTON, an infant, by his mother 6 and natural guardian, SHERRI SKIDMORE, 7 Plaintiff, 8 -against- Index No. 9 VASUDHA VISWANATHAN, M.D., CALIXTO 508009/13 10 CAZANO, M.D., RAJENDRA BHAYANI, M.D., 11 FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D. 12 and WYCKOFF HEIGHTS MEDICAL CENTER, 13 Defendants. - - - - - - - - - -.- - - - - - - - - - - - x 14 15 October 23, 2015 16 10:08 a.m. 17 18 Deposition of SHERRI SKIDMORE, held at 19 the offices of Levine & Grossman, Esqs., 20 114 Old Country Road, Mineola, New York, pursuant 21 to Order, before Tara K. Segelken, a Shorthand 22 Reporter and Notary Public of the State of 23 New York. 24 25 . REPORTERS CENTRAL, LLÓ 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 2 1 2 A P P E A R A N C E S: 4 LEVINE & GROSSMAN, ESQS. 5 Attorneys for Plaintiff 6 114 Old Country Road 7 Mineola, New York 11501 8 BY: BRIAN LOCKHART, ESQ. 9 10 COSTELLO, SHEA & GAFFNEY LLP 11 Attorneys for Defendants Vasudha Viswanathan, M.D., 12 Calixto Cazano, M.D. and Fernando Ginebra, M.D. 13 44 Wall Street 14 New York, New York 10005 15 BY: STEVEN GARRY, ESQ. 16 FILE NO: 26779 17 18 BROWN, GRUTTADARO, GAUJEAN & PRADO, LLC 19 Attorneys for Defendant Rajendra Bhayani, M.D. 20 White Plains Plaza 21 1 North Broadway, 10th Floor 22 White Plains, New York 10601 23 BY: GINETTE M. PORTERA, ESQ. 24 FILE NO: 03-01-14-25 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 3 1 2 A P P E A R A N C E S (Continued) : 3 4 ARSHACK, HAJEK & LEHRMAN, PLLC 5 Attorneys for Defendants Sony Loiseau, M.D. 6 and Wyckoff Heights Medical Center 7 1790 Broadway, Suite 710 8 New York, New York 10019 9 BY: LYNN HAJEK, ESQ. 10 FILE NO: WK2731 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 4 1 2 IT IS HEREBY STIPULATED AND AGREED, 3 by and between the attorneys for the respective 4 parties hereto, that: 5 All rights provided by the CPLR and 6 Part 221 of the Uniform Rules for the Conduct 7 of Depositions, including the right to object 8 to any question, except as to form, or to move 9 to strike any testimony at this examination is 10 reserved; and in addition, the failure to 11 object to any question or to move to strike 12 testimony at this examination shall not be a 13 bar or waiver to make such motion at, and is 14 reserved to, the trial of this action. 15 This deposition may be sworn to by 16 the witness being examined before a Notary 17 Public other than the Notary Public before 18 whom this examination was begun, but the 19 failure to do so or to return the original of 20 this deposition to counsel shall not be deemed 21 a waiver of the rights provided by Rule 3116 22 of the CPLR and shall be controlled thereby. 23 The filing of the original of this 24 deposition is waived. 25 REPORTERS CENTRAL, LLC 363'SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 5 1 2 S H E R R I S K I D M O R E, 3 having been first duly sworn by Tara K. 4 Segelken, a Notary Public in and for the 5 State of New York, was examined and 6 testified as follows: 7 EXAMINATION BY 8 MR. GARRY: 9 Q. Please state your name for the record. 10 A. Sherri Skidmore. 11 Q. What is your current address? 12 A. 228 Moffat Street, Apartment 3L, 13 Brooklyn, New York 11207. 14 Q. Good morning, Ms. Skidmore. My name 15 is Steven Garry. I'm an attorney with the law 16 firm of Costello, Shea & Gaffney. We represent 17 three of the defendants in this lawsuit about 18 which we are here today. 19 I'm going to have some questions for 20 you, after which the other attorneys may also 21 have questions. There are a few basic 22 instructions which you may have already been 23 given, but let me just reiterate a couple of 24 things. 25 REPORTERS CENTRAL , LLC 363 SEVENTH AVENUE, NY C 10 001 (212 ) 594 -3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 6 1 S. Skidmore 2 My questions and your answers are all 3 being recorded by the court reporter here today, 4 so a couple of things are very important. 5 The court reporter can only record 6 one person speaking at a time, so if you can, 7 try to remember to wait until I've finished my 8 question, even if you think you know where I'm 9 going, wait until I have concluded before you 10 begin your answer. 11 Likewise, I will try to remember to 12 wait until you have finished your answer before 13 I ask another question. 14 Understood? 15 A. Understood. 16 Q. Also, the court reporter can only -- whatever 17 record verbal words yes, no, the be -- as opposed to a nod of the 18 words may 19 head or a shake of the head or a shrug of the 20 shoulders. Those can't be recorded accurately. 21 When I do ask a question, I ask 22 that you try to answer the question with words. 23 Okay? 24 A. Okay. 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10OO1 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 7 1 S. Skidmore 2 Q. Also, if you don't know the answer don't know" 3 to a question, "I is perfectly 4 acceptable. If you don't have a precise 5 recollection of something, but you can give me 6 an estimate that is reasonable in your mind, 7 an estimate of something or an approximation 8 that you feel is accurate, that is okay, too. 9 Okay? 10 A. Yes. 11 Q. If you have any difficulty at all 12 with any question that I ask, whether you don't 13 understand it, or for any other reason you would 14 like me to rephrase it, let me know, and I will 15 do whatever I can to clear up whatever difficulty 16 you may have with the question. 17 Okay? 18 A. Okay. 19 Q. Have you ever had your deposition 20 taken before? 21 A. No. 22 Q. Have you ever given any sworn 23 testimony in any kind of a setting, such as a 24 trial or in some other context prior to today? 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 8 1 S. Skidmore 2 A. Yes. 3 Q. Generally, without getting into 4 specifics, what were the circumstances? 5 A. I was in a car accident. 6 Q. What was your role in testifying in 7 connection with the car accident; were you a 8 witness, were you one of the parties? 9 A. I was part of the accident. I was 10 in the car. 11 Q. Were you the plaintiff in the lawsuit? 12 A. Yes. 13 Q. You were bringing the lawsuit? 14 A. Yes. 15 Q. And these were personal injuries 16 that you sustained? 17 A. Yes. 18 Q. Where was that lawsuit brought? 19 A. Westchester County. 20 Q. When was the lawsuit brought; do you 21 recall? 22 A. 2013. 23 Q. Is the lawsuit still pending? 24 A. No. 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 9 1 S. Skidmore 2 Q. Were you represented by attorneys in 3 that case? 4 A. Yes. 5 Q. Do you recall the name of the law 6 firm that represented you? 7 A. No. 8 Q. Were you the plaintiff and the name "Sherri Skidmore" in 9 appears the case? 10 A. Yes. 11 Q. Apart from that car accident case, 12 have you ever given any testimony under oath in 13 any other kind of proceeding? 14 A. Yes. 15 Q. Before coming here today, did you 16 review any documents or other materials in 17 preparation for giving testimony? 18 A. No. 19 Q. Did you speak with anyone, other than 20 your attorneys, about the testimony you were 21 going to give here today? 22 A. No. 23 Q. I have your address as 228 -- M-o-f-f-a-t -- Street? 24 Moffat 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 10 1 S. Skidmore 2 A. Yes. 3 Q. Apartment 3L in Brooklyn 11207 , 4 correct? 5 A. Yes. 6 Q. For how long have you lived at that 7 address? 8 A. About nine to ten years. 9 Q. What is your date of birth? 10 A. 1981. 11 Q. What is your Social Security number? 12 We'll only put the last four digits 13 of your Social Security number on the record. 14 A. XXX-XX-4674. 15 Q. Who currently resides with you at the 16 Moffat Street address? Me -- you want the 17 A. names? 18 Q. Yes. 19 A. Me, Sherri Skidmore, Jamel Cradle, 20 Natavia Grayton, Nathaniel Grayton, Jr., 21 Nevaeh Grayton, Linda Skidmore and Crystal Colon. 22 Q. I'm going to go through each of them, 23 and try and get a sense of how long each of them 24 has been with you at that address. 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 11 1 S. Skidmore 2 Who is Jamel Cradle? 3 A. My oldest son. 4 Q. What is his date of birth? 5 A. 1999. 6 Q. Has he lived with you continuously 7 since his birth? 8 A. Yes. 9 Q. How about Natavia Grayton? 10 A. My daughter. 11 Q. What is her date of birth? 12 A. 2002. 13 Q. Again, has she lived with you 14 continuously since her birth? 15 A. Yes. 16 Q. And Nathaniel, Jr., what is his 17 date of birth? 18 A. 2009. 19 Q. And he has lived with you since his 20 birth? 21 A. Yes. 22 Q. How about Nevaeh Grayton? 23 A. 2013. 24 Q. Once again, she has lived with you 2 5 REPORTERS CENTRAL , LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 12 1 S. Skidmore 2 since birth? 3 A. Yes. 4 Q. Who is Linda Skidmore? 5 A. My aunt. 6 Q. For how long has she lived with you? 7 A. I've been living with her for between 8 nine and ten years. 9 Q. The apartment at 228 Moffat, is that 10 her apartment? 11 A. Yes. 12 Q. Do you know how long she has lived 13 at that apartment? 14 A. For a good, probably, 30 to 40 years. 15 Q. Who is Crystal Colon? 16 A. That's my cousin. 17 Q. Is she related to Linda Skidmore? 18 A. That's her daughter. 19 Q. How is Linda Skidmore your aunt? 20 A. She's my mother's sister. 21 Q. With respect to Jamel Cradle, is "Cradle" his father's name? 22 23 A. Yes. 24 Q. What is his father's full name? 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 13 1 S. Skidmore 2 A. Jamel Cradle. 3 Q. Do you know where he lives? 4 A. No. 5 Q. Where was Jamel Cradle born? 6 A. In Brooklyn, New York. 7 Wyckoff. 8 Q. Where was Natavia born? 9 A. Wyckoff. 10 Q. Nathaniel was born at Wyckoff, as 11 well? 12 A. Yes. 13 Q. And Nevaeh? 14 A. Wyckoff. 15 Q. Since February of 2009, when 16 Nathaniel, Jr. was born, has anyone else lived 17 with you at the apartment on Moffat Street? 18 A. No. 19 Q. What is the name of Nathaniel's 20 father? 21 A. Nathaniel Grayton. 22 Q. He does not reside with you? 23 A. No. 24 Q. Where does he currently reside? 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 14 1 S. Skidmore 2 A. He's incarcerated. 3 Q. Do you know where? 4 A. No. 5 Q. Do you know for how long he's been 6 incarcerated? 7 A. For about 13 years. 8 Q. Has he been incarcerated during that 9 13-year period continuously? 10 A. Yes. 11 Straight through. 12 Q. Have you gone to visit him? 13 A. Yes. 14 Q. Where have you gone when you visited 15 him? 16 A. To Greenhaven Correctional Facility. 17 Q. Is that the last place you have gone 18 to visit him? 19 A. No. 20 The Auburn facility was the last place. 21 Q. When was that? 22 A. About four months ago. 23 Q. Are you married to Nathaniel Grayton? 24 A. Yes. 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 15 1 S. Skidmore 2 Q. When were you married to Mr. Grayton? 3 A. 2004. 4 Q. Where were you married? 5 A. In Greenhaven Correctional Facility. 6 Q. Do you know anything at all about 7 Nathaniel, your husband's, medical history? When I "do you know anything," 8 say, 9 are you aware of any conditions that he has 10 been treated for during his lifetime? 11 A. No. 12 Besides seizures, that's it. 13 Q. What do you know about his treatment 14 for seizures? A. He takes -- I'm not of 15 sure the 16 medication, but he has epileptic seizures. 17 That's it. 18 Q. Has that been since you have known 19 him that he's had these seizures? 20 A. Yes. 21 Q. Do you know the name of any doctor 22 that has treated him for that condition? 23 A. No. 24 Q. Do you know whether he was ever 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 10/05/2021 16 1 S. Skidmore 2 hospitalized in connection with his seizures? 3 A. No. 4 Q. Do you know if he receives treatment 5 in whatever facility he has been incarcerated 6 in for the seizures? 7 A. No, I'm not sure. 8 Q. Do you know if Nathaniel, Sr. ever 9 suffered from any sort of respiratory ailment? 10 By that I'm including bronchitis, 11 pneumonia, pleurisy, collapsed lung, asthma. 12 A. No. You don't know or -- 13 Q. 14 A. No. 15 Q. To your knowledge, he never suffered 16 from any of those ailments? 17 A. Yes. 18 Q. Do you know anything about the 19 medical history of Nathaniel, Sr. 's parents? 20 A. No. 21 Q. You have no knowledge of their 22 histories? 23 A. No. 24 Q. Do you know if either his mother or 25 REPORTERS CENTRAL, LLC 363 SEVENTH AVENUE, NYC 10001 (212) 594-3582 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCE