Preview
FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
Exhibit “2”
FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
1
ORIGINAL
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
3 -------------------------------------------X
RAFIK ARABOV,
4
PLAINTIFF,
5
-against- Index No.:
6 705559/2019
7 THE CITY OF NEW YORK, NEW YORK CITY POLICE
DEPARTMENT and PATRICK LACRUZ,
8
DEFENDANTS.
9 -------------------------------------------X
10
11 DATE: December 13, 2019
12 TIME: 10:00 A.M.
13
14
15 EXAMINATION BEFORE TRIAL of the Plaintiff,
16 RAFIK ARABOV, taken by the Defendants, pursuant
17 to a Court Order, held at the offices of the New
18 York City Law Department, 89-17 Sutphin
19 Boulevard, Room 456, Jamaica, New York 11435,
20 before Paul Senetto, a Notary Public of the
21 State of New York.
22
23
24
25
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
2
1
2 A P P E A R A N C E S:
3
4 SPAR & BERNSTEIN
Attorneys for the Plaintiff
5 RAFIK ARABOV
225 Broadway, Fifth Floor
6 New York, New York 10007
BY: DAVID S. LEVY, ESQ.
7
8
9 JAMES E. JOHNSON, ESQ.
CORPORATION COUNSEL
10 NEW YORK CITY LAW DEPARTMENT
Attorneys for the Defendant
11 THE CITY OF NEW YORK,
THE NEW YORK CITY POLICE DEPARTMENT
12 and PATRICK LACRUZ
100 Church Street
13 New York, New York 10007
BY: TERRENCE KOSSEGI, ESQ.,
14 Senior Counsel
15
16 ALSO PRESENT:
BOGDAN GOLOVCHENKO
17 Russian -Interpreter
Geneva Worldwide
18
19
* * *
20
21
22
23
.. 24
25
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
3
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
6 except in compliance with subdivision (e) of
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
11 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
12 request of the questioning attorney, shall
include a clear statement as to any defect in
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
14 or by this rule, during the course of the
examination persons in attendance shall not make
15 statements or comments that interfere with the
questioning..
16 221.2 Refusal to answer when objection is madeA
deponent shall answer all questions at a
17 deposition, except (i) to preserve a privilege
or right of confidentiality, (ii) to enforce a
18 limitation set forth in an order of the court,
or (iii) when the question is plainly improper
19 and would, if answered, cause significant
prejudice to any person. An attorney shall not
20 direct a deponent not to answer except as
provided in CPLR Rule 3115 or this subdivision.
21 Any refusal to answer or direction not to answer
shall be accompanied by a succinct and clear
22 statement of the basis therefor. If the
deponent does not answer a question, the
23 examining party shall have the right to complete
the remainder of the deposition.
24
25
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
4
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating with
5 the deponent unless all parties consent or the
communication is made for the purpose of
6 determining whether the question should not be
answered on the grounds set forth in section
7 221.2 of these rules and, in such event, the
reason for the communication shall be stated for
8 the record succinctly and clearly.
9
10
IT IS FURTHER STIPULATED AND AGREED that
11 the transcript may be signed before any Notary
Public with the same force and effect as if
12 signed before a clerk or a Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED that
14 the examination before trial may be utilized for
all purposes as provided by the CPLR.
15
16 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
17 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
18 respect hereto.
19
IT IS FURTHER STIPULATED AND AGREED by and
20 between the attorneys for the respective parties
hereto that a copy of this examination shall be
21 furnished, without charge, to the attorneys
representing the witness testifying herein.
22
23
24
25
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
5
1 R. ARABOV
2 B O G D A N G O L O V C H E N K O, was duly
3 sworn to interpret the questions from English
4 into Russian and the answers from Russian into
5 English.
6 R A F I K A R A B O V, called as a witness,
7 having been duly sworn by a Notary Public, was
8 examined and testified through the interpreter
9 as follows:
10 EXAMINATION BY
11 MR. KOSSEGI:
12 Q. Please state name for the record.
13 A. Rafik Arabov.
14 Q. Where do you reside?
15 A. 79-22 150th Street, Flushing, New
16 York 11367.
17 Q. Good morning.
18 A. Good morning.
19 Q. My name is Terrence Kossegi. I am
20 an attorney with the City of New York, and I
21 am going to be asking you questions about an
22 accident that occurred on November 25, 2018.
23 I ask that you listen to my question, think
24 about the question in your head and answer
25 the question verbally, okay?
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 A. Okay.
3 MR. KOSSEGI: Whatever he says you
4 have to translate?
5 THE INTERPRETER: He said okay.
6 Q. We have an interpreter here to
7 translate questions from English into
8 Russian and your responses from.Russian into
9 English, okay?
10 A. Okay.
11 Q. Do you understand any English?
12 A. Little bit.
13 Q. I am going to ask that you answer
14 the questions only in Russian because that
15 is why we have the interpreter here today,
16 okay?
17 A. Okay.
18 Q. If you don't understand one of my
19 questions, please let me know and I will
20 rephrase the question to help you understand
21 it better, okay?
22 A. Okay.
23 Q. If you answer the question,
24 everyone here is going to assume that you
' '
25 understood the question. That s why it s
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
7
1 R. ARABOV
2 important that you only answer the question
3 that you understand, okay?
4 A. Okay.
5 Q. Is there any reason that you can't
6 testify truthfully here today?
7 THE WITNESS: For example, what
8 reason?
9 Q. Are you on any type of medication
10 currently?
11 A. I only take painkillers.
12 Q. Did you take any this morning
13 before coming here today?
14 A. Yes, because I have a back pain.
15 Q. What type of painkillers did you
16 take?
17 A. Tylenol. There is another
18 painkiller. I forgot how it's called.
19 Q. The Tylenol, is it prescription or
20 over-the-counter?
21 A. Over-the-counter.
22 Q. How often do you take the other
23 painkiller besides the Tylenol?
24 A. Whenever I feel the pain, I take
25 it.
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 Q. Is that prescribed by a doctor or
3 is that also over the counter?
4 A. So before I was prescribed by the
5 doctor currently I just take it.
6 Q. When was the last time that you
7 took it?
8 A. What?
9 Q. The painkiller that is not the
10 Tylenol that was prescribed by the doctor?
11 A. Yesterday I took it.
12 Q. Does that painkiller have any side
13 effects?
14 A. No. Because I have pain in my
15 back, therefore, I take it in order to
16 alleviate the pain.
17 Q. Alleviate the pain?
18 A. To reduce the pain.
19 Q. Does that painkiller make you
20 drowsy?
21 A. No, it doesn't. It doesn't have a
22 drowsiness effect.
23 Q. Do you understand that from this
24 deposition your answers can be read in trial
25 if this case goes to trial?
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 A. Yes. I also have a pain in my
3 neck and my back. I also have a headache.
4 Q. How long have you lived at that
5 address you gave us today?
6 A. Twenty years.
7 Q. Just wait until the interpreter
8 finishes interpreting the question before
9 you answer, okay?
10 A. Okay.
11 Q. Even if you think you know where
12 the question is going, wait until he
13 finishes telling you what the question is.
14 A. Okay.
15 Q. What type of residence is that?
16 Is it an apartment building, private house,
17 something e•lse?
18 A. Private house.
19 Q. Who owns it?
20 A. Me and my wife.
21 Q. Is it a two-story house, one-story
22 house, three-story house or something else?
23 A. It's a two-family.
24 Q. Who lives there with you?
25 A. Me, my wife and son.
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 Q. What is your wife's name?
3 A. Svetlana.
4 Q. How long have you been married.
5 A. Thirty-nine.
6 Q. Thirty-nine years?
7 A. Yes.
8 Q. What is your son's name?
9 A. Nathaniel.
10 Q. Arabov?
11 A. Yes.
12 Q. How old is he?
13 A. Twenty-six.
14 Q. Do you rent out the other part of
15 the two-family home?
16 A. Yes.
17 Q. Who lives there in the other part?
18 A. Family. That includes husband,
19 wife and two kids.
20 Q. They are related to you?
21 A. No.
22 Q. Do they pay you rent?
23 A. Yes.
24 Q. How much?
25 MR. LEVY: Objection. What is the
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
11
1 R. ARABOV
2 point?
3 A. My wife knows.
4 MR. LEVY: Tell him not to answer
5 if I tell him not to.
6 MR. KOSSEGI: Is there a lost
7 earnings claim here?
8 MR. LEVY: Nothing do with the
9 rent. I will let you answer.
10 MR. KOSSEGI: I think he already
11 answered. He says his wife knows.
12 Q. Who maintains the house?
13 A. Sometimes it's me. I maintain.
14 Sometimes there are people who come that
15 maintain.
16 Q. Ñhat do you do to maintain the
17 house?
18 A. If there are minor things, I do by
19 myself. There is a problem with the tap
20 water moderation, I can do only minor
21 things.
22 Q. Can you give me examples of minor
23 things that you do to maintain the house?
24 A. Clean it.
25 Q. Do you cut the grass?
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 A. No.
3 Q. Do you shovel the snow?
4 A. My son does it.
5 Q. Do you do minor repairs such as
6 painting?
7 A. No.
8 Q. What are the types of things that
9 you have done to the house in the last year
10 that you said was minor?
11 A. Nothing.
12 Q. What story of the house is your
13 bedroom on?
14 A. Facing the street.
15 Q. Is it on the first floor, second
16 floor?
17 A. Third floor.
18 Q. Do you use the stairs to get to
19 your bedroom?
20 A. Yes.
21 Q. What is your date of birth?
22 , MR. KOSSEGI: Only put the year on
23 there.
24 A. XX/XX/1961.
25 Q. What is your Social Security
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 number?
3 MR. KOSSEGI: Only put the last
4 four on?
5 A. I don't remember it exactly.
6 MR. LEVY: I can provide it later.
7 MR. KOSSEGI: Thank you.
8 Q. Do you have a Social Security
9 number?
10 A. Yes.
11 Q. Where were you born?
12 A. Uzbekistan.
13 Q. Was that part of the Soviet Union
14 then?
15 A. Yes.
16 Q. When did you come to the United
17 States?
18 A. 1989.
19 Q. What is the highest level of
20 education you have obtained?
21 A. Ten years of high school.
22 Q. That was in Uzbekistan?
23 A. Yes.
24 Q. What did you do after school in
25 Uzbekistan?
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
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1 R. ARABOV
2 A. I worked.
3 Q. Doing what?
4 A. Shoemaker. I work as a shoemaker.
5 Q. What is your current height?
6 A. I believe it's five-six.
7 Q. Your current weight?
8 A. 190 pounds.
9 Q. What was it on November 25, 2018?
10 A. Approximately, the same weight.
11 It's 190 or 192.
12 Q. Do you have any other children
13 besides the one that lives with you?
14 A. Yes.
15 Q. How many?
16 A. Overall, four.
17 Q. -What are the names of the children
18 that don't live with you and their ages?
19 A. Clarissa, she is 39-years old;
20 Freida, she is 36; Yoseph, my son, he is, I
21 believe, 33.
22 Q. Do they all live in the New York
23 Metropolitan area?
24 A. In New York.
25 Q. What does Nathaniel do?
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FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020
15
1 R. ARABOV
2 A. He finished school, an attorney at
3 law.
4 Q. What type of lawyer is he?
5 A. He is a real estate lawyer.
6 Q. Are you currently employed?
7 A. Yes.
8 Q. What do you do?
9 A. Fixing shoes. I am a shoemaker.
10 Q. Do you have your own business, or
11 do you work for someone else?
12 A. My own business..
13 Q. What is the name of your business?
14 A. Rafik Shoe Repair.
15 Q. What is the address of your
16 business?
17 A. -752 9th Avenue.
18 Q. How long have you had the
Preview
FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 Exhibit “2” FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 1 ORIGINAL 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS 3 -------------------------------------------X RAFIK ARABOV, 4 PLAINTIFF, 5 -against- Index No.: 6 705559/2019 7 THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT and PATRICK LACRUZ, 8 DEFENDANTS. 9 -------------------------------------------X 10 11 DATE: December 13, 2019 12 TIME: 10:00 A.M. 13 14 15 EXAMINATION BEFORE TRIAL of the Plaintiff, 16 RAFIK ARABOV, taken by the Defendants, pursuant 17 to a Court Order, held at the offices of the New 18 York City Law Department, 89-17 Sutphin 19 Boulevard, Room 456, Jamaica, New York 11435, 20 before Paul Senetto, a Notary Public of the 21 State of New York. 22 23 24 25 DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 2 1 2 A P P E A R A N C E S: 3 4 SPAR & BERNSTEIN Attorneys for the Plaintiff 5 RAFIK ARABOV 225 Broadway, Fifth Floor 6 New York, New York 10007 BY: DAVID S. LEVY, ESQ. 7 8 9 JAMES E. JOHNSON, ESQ. CORPORATION COUNSEL 10 NEW YORK CITY LAW DEPARTMENT Attorneys for the Defendant 11 THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT 12 and PATRICK LACRUZ 100 Church Street 13 New York, New York 10007 BY: TERRENCE KOSSEGI, ESQ., 14 Senior Counsel 15 16 ALSO PRESENT: BOGDAN GOLOVCHENKO 17 Russian -Interpreter Geneva Worldwide 18 19 * * * 20 21 22 23 .. 24 25 DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 3 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 6 except in compliance with subdivision (e) of such rule. All objections made at a deposition 7 shall be noted by the officer before whom the deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject to the objections and to the right of a person 9 to apply for appropriate relief pursuant to Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every objection raised during a deposition shall be 11 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 12 request of the questioning attorney, shall include a clear statement as to any defect in 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 or by this rule, during the course of the examination persons in attendance shall not make 15 statements or comments that interfere with the questioning.. 16 221.2 Refusal to answer when objection is madeA deponent shall answer all questions at a 17 deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a 18 limitation set forth in an order of the court, or (iii) when the question is plainly improper 19 and would, if answered, cause significant prejudice to any person. An attorney shall not 20 direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. 21 Any refusal to answer or direction not to answer shall be accompanied by a succinct and clear 22 statement of the basis therefor. If the deponent does not answer a question, the 23 examining party shall have the right to complete the remainder of the deposition. 24 25 DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 4 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating with 5 the deponent unless all parties consent or the communication is made for the purpose of 6 determining whether the question should not be answered on the grounds set forth in section 7 221.2 of these rules and, in such event, the reason for the communication shall be stated for 8 the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that 11 the transcript may be signed before any Notary Public with the same force and effect as if 12 signed before a clerk or a Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED that 14 the examination before trial may be utilized for all purposes as provided by the CPLR. 15 16 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 17 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 18 respect hereto. 19 IT IS FURTHER STIPULATED AND AGREED by and 20 between the attorneys for the respective parties hereto that a copy of this examination shall be 21 furnished, without charge, to the attorneys representing the witness testifying herein. 22 23 24 25 DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 5 1 R. ARABOV 2 B O G D A N G O L O V C H E N K O, was duly 3 sworn to interpret the questions from English 4 into Russian and the answers from Russian into 5 English. 6 R A F I K A R A B O V, called as a witness, 7 having been duly sworn by a Notary Public, was 8 examined and testified through the interpreter 9 as follows: 10 EXAMINATION BY 11 MR. KOSSEGI: 12 Q. Please state name for the record. 13 A. Rafik Arabov. 14 Q. Where do you reside? 15 A. 79-22 150th Street, Flushing, New 16 York 11367. 17 Q. Good morning. 18 A. Good morning. 19 Q. My name is Terrence Kossegi. I am 20 an attorney with the City of New York, and I 21 am going to be asking you questions about an 22 accident that occurred on November 25, 2018. 23 I ask that you listen to my question, think 24 about the question in your head and answer 25 the question verbally, okay? DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 6 1 R. ARABOV 2 A. Okay. 3 MR. KOSSEGI: Whatever he says you 4 have to translate? 5 THE INTERPRETER: He said okay. 6 Q. We have an interpreter here to 7 translate questions from English into 8 Russian and your responses from.Russian into 9 English, okay? 10 A. Okay. 11 Q. Do you understand any English? 12 A. Little bit. 13 Q. I am going to ask that you answer 14 the questions only in Russian because that 15 is why we have the interpreter here today, 16 okay? 17 A. Okay. 18 Q. If you don't understand one of my 19 questions, please let me know and I will 20 rephrase the question to help you understand 21 it better, okay? 22 A. Okay. 23 Q. If you answer the question, 24 everyone here is going to assume that you ' ' 25 understood the question. That s why it s DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 7 1 R. ARABOV 2 important that you only answer the question 3 that you understand, okay? 4 A. Okay. 5 Q. Is there any reason that you can't 6 testify truthfully here today? 7 THE WITNESS: For example, what 8 reason? 9 Q. Are you on any type of medication 10 currently? 11 A. I only take painkillers. 12 Q. Did you take any this morning 13 before coming here today? 14 A. Yes, because I have a back pain. 15 Q. What type of painkillers did you 16 take? 17 A. Tylenol. There is another 18 painkiller. I forgot how it's called. 19 Q. The Tylenol, is it prescription or 20 over-the-counter? 21 A. Over-the-counter. 22 Q. How often do you take the other 23 painkiller besides the Tylenol? 24 A. Whenever I feel the pain, I take 25 it. DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 8 1 R. ARABOV 2 Q. Is that prescribed by a doctor or 3 is that also over the counter? 4 A. So before I was prescribed by the 5 doctor currently I just take it. 6 Q. When was the last time that you 7 took it? 8 A. What? 9 Q. The painkiller that is not the 10 Tylenol that was prescribed by the doctor? 11 A. Yesterday I took it. 12 Q. Does that painkiller have any side 13 effects? 14 A. No. Because I have pain in my 15 back, therefore, I take it in order to 16 alleviate the pain. 17 Q. Alleviate the pain? 18 A. To reduce the pain. 19 Q. Does that painkiller make you 20 drowsy? 21 A. No, it doesn't. It doesn't have a 22 drowsiness effect. 23 Q. Do you understand that from this 24 deposition your answers can be read in trial 25 if this case goes to trial? DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 9 1 R. ARABOV 2 A. Yes. I also have a pain in my 3 neck and my back. I also have a headache. 4 Q. How long have you lived at that 5 address you gave us today? 6 A. Twenty years. 7 Q. Just wait until the interpreter 8 finishes interpreting the question before 9 you answer, okay? 10 A. Okay. 11 Q. Even if you think you know where 12 the question is going, wait until he 13 finishes telling you what the question is. 14 A. Okay. 15 Q. What type of residence is that? 16 Is it an apartment building, private house, 17 something e•lse? 18 A. Private house. 19 Q. Who owns it? 20 A. Me and my wife. 21 Q. Is it a two-story house, one-story 22 house, three-story house or something else? 23 A. It's a two-family. 24 Q. Who lives there with you? 25 A. Me, my wife and son. DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 10 1 R. ARABOV 2 Q. What is your wife's name? 3 A. Svetlana. 4 Q. How long have you been married. 5 A. Thirty-nine. 6 Q. Thirty-nine years? 7 A. Yes. 8 Q. What is your son's name? 9 A. Nathaniel. 10 Q. Arabov? 11 A. Yes. 12 Q. How old is he? 13 A. Twenty-six. 14 Q. Do you rent out the other part of 15 the two-family home? 16 A. Yes. 17 Q. Who lives there in the other part? 18 A. Family. That includes husband, 19 wife and two kids. 20 Q. They are related to you? 21 A. No. 22 Q. Do they pay you rent? 23 A. Yes. 24 Q. How much? 25 MR. LEVY: Objection. What is the DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 11 1 R. ARABOV 2 point? 3 A. My wife knows. 4 MR. LEVY: Tell him not to answer 5 if I tell him not to. 6 MR. KOSSEGI: Is there a lost 7 earnings claim here? 8 MR. LEVY: Nothing do with the 9 rent. I will let you answer. 10 MR. KOSSEGI: I think he already 11 answered. He says his wife knows. 12 Q. Who maintains the house? 13 A. Sometimes it's me. I maintain. 14 Sometimes there are people who come that 15 maintain. 16 Q. Ñhat do you do to maintain the 17 house? 18 A. If there are minor things, I do by 19 myself. There is a problem with the tap 20 water moderation, I can do only minor 21 things. 22 Q. Can you give me examples of minor 23 things that you do to maintain the house? 24 A. Clean it. 25 Q. Do you cut the grass? DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 12 1 R. ARABOV 2 A. No. 3 Q. Do you shovel the snow? 4 A. My son does it. 5 Q. Do you do minor repairs such as 6 painting? 7 A. No. 8 Q. What are the types of things that 9 you have done to the house in the last year 10 that you said was minor? 11 A. Nothing. 12 Q. What story of the house is your 13 bedroom on? 14 A. Facing the street. 15 Q. Is it on the first floor, second 16 floor? 17 A. Third floor. 18 Q. Do you use the stairs to get to 19 your bedroom? 20 A. Yes. 21 Q. What is your date of birth? 22 , MR. KOSSEGI: Only put the year on 23 there. 24 A. XX/XX/1961. 25 Q. What is your Social Security DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 13 1 R. ARABOV 2 number? 3 MR. KOSSEGI: Only put the last 4 four on? 5 A. I don't remember it exactly. 6 MR. LEVY: I can provide it later. 7 MR. KOSSEGI: Thank you. 8 Q. Do you have a Social Security 9 number? 10 A. Yes. 11 Q. Where were you born? 12 A. Uzbekistan. 13 Q. Was that part of the Soviet Union 14 then? 15 A. Yes. 16 Q. When did you come to the United 17 States? 18 A. 1989. 19 Q. What is the highest level of 20 education you have obtained? 21 A. Ten years of high school. 22 Q. That was in Uzbekistan? 23 A. Yes. 24 Q. What did you do after school in 25 Uzbekistan? DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 14 1 R. ARABOV 2 A. I worked. 3 Q. Doing what? 4 A. Shoemaker. I work as a shoemaker. 5 Q. What is your current height? 6 A. I believe it's five-six. 7 Q. Your current weight? 8 A. 190 pounds. 9 Q. What was it on November 25, 2018? 10 A. Approximately, the same weight. 11 It's 190 or 192. 12 Q. Do you have any other children 13 besides the one that lives with you? 14 A. Yes. 15 Q. How many? 16 A. Overall, four. 17 Q. -What are the names of the children 18 that don't live with you and their ages? 19 A. Clarissa, she is 39-years old; 20 Freida, she is 36; Yoseph, my son, he is, I 21 believe, 33. 22 Q. Do they all live in the New York 23 Metropolitan area? 24 A. In New York. 25 Q. What does Nathaniel do? DIAMOND REPORTING 877-624-3287 info@diamondreporting.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/22/2020 15 1 R. ARABOV 2 A. He finished school, an attorney at 3 law. 4 Q. What type of lawyer is he? 5 A. He is a real estate lawyer. 6 Q. Are you currently employed? 7 A. Yes. 8 Q. What do you do? 9 A. Fixing shoes. I am a shoemaker. 10 Q. Do you have your own business, or 11 do you work for someone else? 12 A. My own business.. 13 Q. What is the name of your business? 14 A. Rafik Shoe Repair. 15 Q. What is the address of your 16 business? 17 A. -752 9th Avenue. 18 Q. How long have you had the