Preview
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
EXHIBIT D
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Lewis, Arlene E.
From: McDonald, Helen
Sent: Thursday, January 27, 2022 3:03 PM
To: ephraim155@gmail.com
Subject: Sarah Lanza v. Santo Mercedes Baez, et al. // EBT Transcript for Execution // Claim No.:
01947306 // Matter No.: 20-018329
Attachments: Guma Constructions Deposition (Ephraim Herkovits) Transcript dated 11-30-21.pdf.pdf;
Errata Sheet - Ephraim Herskovits - Guma Construction.pdf
Mr. Herskovits,
Good afternoon. Attached please find a copy of your transcript for the recent Examination
Before Trial and an unmarked correction sheet. Please read your testimony carefully. If any
corrections are necessary, list them on the correction sheet. Do not make any marks in the
transcript other than the signature page.
You must sign the last page of the transcript AND the correction sheet before a Notary Public.
The Notary Public must notarize both signatures.
Please return a copy via email and the original to our office at your earliest convenience. Your
courtesies and prompt attention to this matter will be greatly appreciated.
Should you have any questions, please feel free to contact us.
Best,
Helen McDonald
Legal Assistant
Law Office of Kevin J. Philbin
One Whitehall Street – 13th Floor
New York, New York 10004
Direct: 212-510-9258 | Main: 212-248-9100
mcdonh3@nationwide.com
Employees of Nationwide® Mutual Insurance Company
Not a legal partnership
1
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 1
November 30, 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------x
SARAH M. LANZA,
Plaintiff,
- against -
SANTO MERCEDES BAEZ and GUMA CONSTRUCTION,
Defendants.
-------------------------------------------x
November 30, 2021
11:05 o'clock a.m.
EXAMINATION BEFORE TRIAL OF EPHRAIM
HERSKOVITS, on behalf of GUMA CONSTRUCTION,
Defendant, by Plaintiff, pursuant to Order,
held remotely before JOAN OCCHIOGROSSO, a
Stenotype Reporter and Notary Public within
and for the State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 2
November 30, 2021
1 A P P E A R A N C E S:
2
3
4 THE LAW FIRM OF DAVIDOFF & ASSOCIATES, PC
5 Attorneys for Plaintiff
108-18 Queens Boulevard
6 Forest Hills, New York 11375
7 BY: MARK PETER GETZONI, ESQ.
8
9 KEVIN J. PHILBIN, ESQ.
Attorney for Defendants
10 One Whitehall Street
New York, New York 10004
11 BY: ARLENE E. LEWIS, ESQ.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 3
November 30, 2021
1 S T I P U L A T I O N S
2
3 IT IS HEREBY STIPULATED AND AGREED by and
4 between counsel for the respective parties hereto,
5 that:
6
7 All rights provided by the C.P.L.R.,
8 including the right to object to any question,
9 except as to form, or to move to strike any
10 testimony at this examination, are reserved, and,
11 in addition, the failure to object to any question
12 or to move to strike any testimony at this
13 examination shall not be a bar or waiver to make
14 such motion at, and is reserved for the trial of
15 this action;
16
17 IT IS FURTHER STIPULATED AND AGREED by and
18 between counsel for the respective parties hereto,
19 that this examination may be sworn to by the
20 witness being examined, before a Notary Public
21 other than the Notary Public before whom this
22 examination was begun; but the failure to do so,
23 or to return the original of this examination to
24 counsel, shall not be deemed a waiver of the
25 rights provided by Rules 3116 and 3117 of the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 4
November 30, 2021
1 C.P.L.R., and shall be controlled thereby;
2
3 IT IS FURTHER STIPULATED AND AGREED by and
4 between counsel for the respective parties hereto,
5 that this examination shall be utilized for all
6 purposes as provided by the C.P.L.R.;
7
8 IT IS FURTHER STIPULATED AND AGREED by and
9 between counsel for the respective parties hereto,
10 that the filing and certification of the original
11 of this examination shall be and the same hereby
12 are waived;
13
14 IT IS FURTHER STIPULATED AND AGREED by and
15 between counsel for the respective parties hereto,
16 that a copy of the within examination shall be
17 furnished to counsel representing the witness
18 testifying without charge.
19
20 IT IS FURTHER STIPULATED AND AGREED by and
21 between counsel for the respective parties hereto,
22 that all rights provided by the C.P.L.R., and Part
23 221 of the Uniform Rules for the Conduct of
24 Depositions, including the right to object to any
25 questions, except as to form, or to move to strike
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 5
November 30, 2021
1 any testimony at this examination is reserved; in
2 addition, the failure to object to any question or
3 to move to strike any testimony at this
4 examination shall not be a bar or waiver to make
5 such motion at, and is reserved to, the trial of
6 this action.
7
8
9 o0o
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 6
November 30, 2021
1 IT IS HEREBY STIPULATED AND AGREED by and
2 between counsel for all parties present that
3 pursuant to C.P.L.R. section 3113(d) this
4 deposition is being conducted by video conference,
5 that the court reporter, all counsel, and the
6 witness are all in separate remote locations and
7 participating via video conference
8 (LegalView/Zoom) meeting under the control of
9 Lexitas Court Reporting Service, that the officer
10 administering the oath to the witness need not be
11 in the place of the deposition and the witness
12 shall be sworn in remotely by the court reporter
13 after confirming the witness' identity, that this
14 video conference will not be recorded in any
15 manner and that any recording without the express
16 written consent of all parties shall be considered
17 unauthorized in violation of the law, and shall
18 not be used for any purpose in the litigation or
19 otherwise.
20 IT IS FURTHER STIPULATED that exhibits may
21 be marked by the attorney presenting the exhibit
22 to the witness, and that a copy of any exhibit
23 presented to the witness shall be emailed to or
24 otherwise in possession of all counsel prior to
25 any questioning of a witness regarding the exhibit
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 7
November 30, 2021
1 in question. All parties shall bear their own
2 costs in the conduct of this deposition by video
3 conference, notwithstanding the obligation by
4 C.P.L.R. to supply a copy of the transcript to the
5 deposed party by the taking party in civil
6 litigation matters.
7 o0o
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 8
November 30, 2021
1 Herskovits
2 E P H R A I M H E R S K O V I T S,
3 after first having been duly affirmed by JOAN
4 OCCHIOGROSSO, a Stenotype Reporter and Notary
5 Public in and for the State of New York, was
6 examined and testified as follows:
7 EXAMINATION BY
8 MR. GETZONI:
9 Q What is your name?
10 A Ephraim Herskovits.
11 Q What is your business address?
12 A 240 Water Street, Brooklyn, New York
13 11201.
14 Q Good morning, Mr. Herskovits.
15 A Good morning.
16 Q My name is Mark Getzoni from the law
17 office of Davidoff & Associates. We represent
18 Sarah Lanza who brought a lawsuit against Santo
19 Mercedes Baez and Guma Construction.
20 Today I'm going to ask you some
21 questions regarding that lawsuit, Guma
22 Construction, about a truck that was involved in
23 the accident, only questions I feel that are
24 pertinent to the litigation.
25 If you don't understand the question,
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 9
November 30, 2021
1 Herskovits
2 please ask me to rephrase it. If you can't hear
3 me, ask me to speak loudly. If you need a break,
4 advise me, I'll afford you that opportunity as
5 long as if you do make that request make it at a
6 time there's a question pending and there is an
7 answer I received an answer to.
8 If you need to consult with the attorney
9 for Guma Construction Corp., please advise me and
10 so long as you are an employee of Guma
11 Construction I won't take any issue with that and,
12 however, if you do make that request to me, please
13 make it at a time there's not a question pending.
14 Please keep all responses verbal. If
15 you were to respond with a shrug of the shoulders
16 or gestures of your hands, nod of your head, it
17 most likely won't appear in the record and hence
18 not be part of your answer.
19 So far is everything I stated clear?
20 A Yes.
21 Q Are you ready to proceed with the
22 deposition?
23 A I am ready. Now I see you.
24 Q Did I get an answer?
25 A What was the question? What was the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 10
November 30, 2021
1 Herskovits
2 last part? I didn't hear anything.
3 Q Alright. You also have a bit of a
4 reverb sound as well.
5 MR. GETZONI: Ms. Lewis, we're
6 having some technical difficulties
7 here because your witness is not
8 hearing my questions, I'm not
9 hearing his answers and he's
10 freezing on the screen.
11 MS. LEWIS: Mr. Herskovits,
12 are you able to hear me?
13 THE WITNESS: Yes.
14 MS. LEWIS: Can you log out
15 and log back in, please?
16 THE WITNESS: Absolutely.
17 MS. LEWIS: Go out of the
18 meeting and come back in, please.
19 Off the record.
20 (Discussion was held off the
21 record.)
22 (BRIEF RECESS.)
23 CONTINUING BY
24 MR. GETZONI:
25 Q Are you ready to proceed with the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 11
November 30, 2021
1 Herskovits
2 deposition?
3 A Yes.
4 Q Other than Ephraim Herskovits have you
5 been known by any other names?
6 A No.
7 Q Are you currently employed?
8 A Can you hear me?
9 Q Yes.
10 A I don't hear anything.
11 MS. LEWIS: Mr. Herskovits,
12 are you able to testify without the
13 ear pods?
14 THE WITNESS: I can try. I'll
15 hear more background. Can you hear
16 me now?
17 MR. GETZONI: Yes.
18 MS. LEWIS: Off the record.
19 (Discussion was held off the
20 record.)
21 MR. GETZONI: See you in
22 five.
23 (BRIEF RECESS.)
24 CONTINUING BY
25 MR. GETZONI:
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 12
November 30, 2021
1 Herskovits
2 Q Mr. Herskovits, after taking a break to
3 resolve some technical issues we are back.
4 Mr. Herskovits, are you currently
5 employed?
6 A Yes.
7 Q How many employers do you currently
8 have?
9 A How many employers do I currently have?
10 Q All the ones that you remember.
11 A Are you asking me from the previous,
12 sir, or the present?
13 Q We're having some technical problems. I
14 said currently but you didn't hear that.
15 Are you able to hear the questions?
16 A I'm hearing the question, yes.
17 Q How many employers do you currently
18 have? All that you remember.
19 A One employer. One employer.
20 Q Who is that employer?
21 A Guma Corp.
22 Q What is Guma Corp.?
23 A It's a garbage removal company.
24 Q Does it also go by the name of Guma
25 Construction Corporation?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 13
November 30, 2021
1 Herskovits
2 A Yes.
3 Q Does it also go by the name Guma
4 Construction Corp.?
5 A Yes.
6 Q How long have you been an employee of
7 Guma Construction Corp.?
8 A Approximately twenty years.
9 Q Has that been a continuous twenty years
10 of employment or was it intermittent?
11 A Continuous.
12 Q Do you currently have a supervisor for
13 your employment?
14 A No.
15 Q What is your current job title or
16 titles, if any?
17 A I am chief manager daily operations.
18 Q How long have you been a chief manager
19 of daily operations?
20 A The last fifteen years.
21 Q What are your current job duties as a
22 chief manager of daily operations?
23 A Overseeing all the drivers and trucks
24 and making sure that everything goes smoothly on a
25 daily basis.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 14
November 30, 2021
1 Herskovits
2 Q Do you own Guma Construction Corp. to
3 any extent?
4 A No.
5 Q Who and/or what owns Guma Construction
6 Corp.?
7 A It's a corporation.
8 Q What corporation is that that owns Guma
9 Construction Corp.?
10 A Guma Construction Corp.
11 Q Guma Construction Corp. owns itself?
12 A Corporation has members.
13 Q Who are the members of the corporation?
14 A Joshua Gutman.
15 MR. GETZONI: We have a very
16 substantial technical difficulty
17 here. The problem to me seems to
18 be there's not fast enough internet
19 service between Mr. Herskovits and
20 wherever it is he's transmitting
21 to, whatever the hub is. It could
22 be his WiFi if he's using that or
23 service provider or both, but
24 that's where the issue is.
25 Apparently, it's an issue of speed,
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 15
November 30, 2021
1 Herskovits
2 mega bites per second speed.
3 Ms. Lewis, what can we do
4 here?
5 MS. LEWIS: Off the record.
6 (Discussion was held off the
7 record.)
8 Q We left off, the last response I was
9 able to get was Joshua Gutman. Is that a name you
10 gave?
11 A Yes.
12 MS. LEWIS: I believe he said
13 that was the main member.
14 Is that correct?
15 THE WITNESS: Yes, correct.
16 Q Who are the not main members?
17 A I'm the other member.
18 Q In all there's two members?
19 A Correct.
20 Q Is Joshua Gutman also an employee of
21 Guma Construction Corp.?
22 A He's not an employee, he owns the
23 company.
24 Q You're an employee?
25 A Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022
Page 16
November 30, 2021
1 Herskovits
2 Q Other than yourself, does Guma
3 Construction Corp. have any other employees?
4 A Guma Construction Corp. has -- we have
5 many drivers. That's the whole business.
6 Q Are all the drivers that drive for Guma
7 Construction Corp. employees of Guma Construction
8 Corp. while they are driving for Guma Construction
9 Corp.?
10 A Yes.
11 Q Was that also true in March of 2020?
12 A Yes.
13 Q In March of 2020 did all the drivers
14 report to you in the course of their employment
15 with Guma Construction Corp.?
16 A Yes.
17 Q In March of 2020 were you those drivers'
18 supervisor?
19 A Yes.
20 Q In addition to yourself did they report
21 to anyone else back in March of 2020?
22 A They have a dispatcher that gives them
23 their stops everyday who's in contact with them,
24 where to
Preview
FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 EXHIBIT D FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Lewis, Arlene E. From: McDonald, Helen Sent: Thursday, January 27, 2022 3:03 PM To: ephraim155@gmail.com Subject: Sarah Lanza v. Santo Mercedes Baez, et al. // EBT Transcript for Execution // Claim No.: 01947306 // Matter No.: 20-018329 Attachments: Guma Constructions Deposition (Ephraim Herkovits) Transcript dated 11-30-21.pdf.pdf; Errata Sheet - Ephraim Herskovits - Guma Construction.pdf Mr. Herskovits, Good afternoon. Attached please find a copy of your transcript for the recent Examination Before Trial and an unmarked correction sheet. Please read your testimony carefully. If any corrections are necessary, list them on the correction sheet. Do not make any marks in the transcript other than the signature page. You must sign the last page of the transcript AND the correction sheet before a Notary Public. The Notary Public must notarize both signatures. Please return a copy via email and the original to our office at your earliest convenience. Your courtesies and prompt attention to this matter will be greatly appreciated. Should you have any questions, please feel free to contact us. Best, Helen McDonald Legal Assistant Law Office of Kevin J. Philbin One Whitehall Street – 13th Floor New York, New York 10004 Direct: 212-510-9258 | Main: 212-248-9100 mcdonh3@nationwide.com Employees of Nationwide® Mutual Insurance Company Not a legal partnership 1 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 1 November 30, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------x SARAH M. LANZA, Plaintiff, - against - SANTO MERCEDES BAEZ and GUMA CONSTRUCTION, Defendants. -------------------------------------------x November 30, 2021 11:05 o'clock a.m. EXAMINATION BEFORE TRIAL OF EPHRAIM HERSKOVITS, on behalf of GUMA CONSTRUCTION, Defendant, by Plaintiff, pursuant to Order, held remotely before JOAN OCCHIOGROSSO, a Stenotype Reporter and Notary Public within and for the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 2 November 30, 2021 1 A P P E A R A N C E S: 2 3 4 THE LAW FIRM OF DAVIDOFF & ASSOCIATES, PC 5 Attorneys for Plaintiff 108-18 Queens Boulevard 6 Forest Hills, New York 11375 7 BY: MARK PETER GETZONI, ESQ. 8 9 KEVIN J. PHILBIN, ESQ. Attorney for Defendants 10 One Whitehall Street New York, New York 10004 11 BY: ARLENE E. LEWIS, ESQ. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 3 November 30, 2021 1 S T I P U L A T I O N S 2 3 IT IS HEREBY STIPULATED AND AGREED by and 4 between counsel for the respective parties hereto, 5 that: 6 7 All rights provided by the C.P.L.R., 8 including the right to object to any question, 9 except as to form, or to move to strike any 10 testimony at this examination, are reserved, and, 11 in addition, the failure to object to any question 12 or to move to strike any testimony at this 13 examination shall not be a bar or waiver to make 14 such motion at, and is reserved for the trial of 15 this action; 16 17 IT IS FURTHER STIPULATED AND AGREED by and 18 between counsel for the respective parties hereto, 19 that this examination may be sworn to by the 20 witness being examined, before a Notary Public 21 other than the Notary Public before whom this 22 examination was begun; but the failure to do so, 23 or to return the original of this examination to 24 counsel, shall not be deemed a waiver of the 25 rights provided by Rules 3116 and 3117 of the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 4 November 30, 2021 1 C.P.L.R., and shall be controlled thereby; 2 3 IT IS FURTHER STIPULATED AND AGREED by and 4 between counsel for the respective parties hereto, 5 that this examination shall be utilized for all 6 purposes as provided by the C.P.L.R.; 7 8 IT IS FURTHER STIPULATED AND AGREED by and 9 between counsel for the respective parties hereto, 10 that the filing and certification of the original 11 of this examination shall be and the same hereby 12 are waived; 13 14 IT IS FURTHER STIPULATED AND AGREED by and 15 between counsel for the respective parties hereto, 16 that a copy of the within examination shall be 17 furnished to counsel representing the witness 18 testifying without charge. 19 20 IT IS FURTHER STIPULATED AND AGREED by and 21 between counsel for the respective parties hereto, 22 that all rights provided by the C.P.L.R., and Part 23 221 of the Uniform Rules for the Conduct of 24 Depositions, including the right to object to any 25 questions, except as to form, or to move to strike DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 5 November 30, 2021 1 any testimony at this examination is reserved; in 2 addition, the failure to object to any question or 3 to move to strike any testimony at this 4 examination shall not be a bar or waiver to make 5 such motion at, and is reserved to, the trial of 6 this action. 7 8 9 o0o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 6 November 30, 2021 1 IT IS HEREBY STIPULATED AND AGREED by and 2 between counsel for all parties present that 3 pursuant to C.P.L.R. section 3113(d) this 4 deposition is being conducted by video conference, 5 that the court reporter, all counsel, and the 6 witness are all in separate remote locations and 7 participating via video conference 8 (LegalView/Zoom) meeting under the control of 9 Lexitas Court Reporting Service, that the officer 10 administering the oath to the witness need not be 11 in the place of the deposition and the witness 12 shall be sworn in remotely by the court reporter 13 after confirming the witness' identity, that this 14 video conference will not be recorded in any 15 manner and that any recording without the express 16 written consent of all parties shall be considered 17 unauthorized in violation of the law, and shall 18 not be used for any purpose in the litigation or 19 otherwise. 20 IT IS FURTHER STIPULATED that exhibits may 21 be marked by the attorney presenting the exhibit 22 to the witness, and that a copy of any exhibit 23 presented to the witness shall be emailed to or 24 otherwise in possession of all counsel prior to 25 any questioning of a witness regarding the exhibit DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 7 November 30, 2021 1 in question. All parties shall bear their own 2 costs in the conduct of this deposition by video 3 conference, notwithstanding the obligation by 4 C.P.L.R. to supply a copy of the transcript to the 5 deposed party by the taking party in civil 6 litigation matters. 7 o0o 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 8 November 30, 2021 1 Herskovits 2 E P H R A I M H E R S K O V I T S, 3 after first having been duly affirmed by JOAN 4 OCCHIOGROSSO, a Stenotype Reporter and Notary 5 Public in and for the State of New York, was 6 examined and testified as follows: 7 EXAMINATION BY 8 MR. GETZONI: 9 Q What is your name? 10 A Ephraim Herskovits. 11 Q What is your business address? 12 A 240 Water Street, Brooklyn, New York 13 11201. 14 Q Good morning, Mr. Herskovits. 15 A Good morning. 16 Q My name is Mark Getzoni from the law 17 office of Davidoff & Associates. We represent 18 Sarah Lanza who brought a lawsuit against Santo 19 Mercedes Baez and Guma Construction. 20 Today I'm going to ask you some 21 questions regarding that lawsuit, Guma 22 Construction, about a truck that was involved in 23 the accident, only questions I feel that are 24 pertinent to the litigation. 25 If you don't understand the question, DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 9 November 30, 2021 1 Herskovits 2 please ask me to rephrase it. If you can't hear 3 me, ask me to speak loudly. If you need a break, 4 advise me, I'll afford you that opportunity as 5 long as if you do make that request make it at a 6 time there's a question pending and there is an 7 answer I received an answer to. 8 If you need to consult with the attorney 9 for Guma Construction Corp., please advise me and 10 so long as you are an employee of Guma 11 Construction I won't take any issue with that and, 12 however, if you do make that request to me, please 13 make it at a time there's not a question pending. 14 Please keep all responses verbal. If 15 you were to respond with a shrug of the shoulders 16 or gestures of your hands, nod of your head, it 17 most likely won't appear in the record and hence 18 not be part of your answer. 19 So far is everything I stated clear? 20 A Yes. 21 Q Are you ready to proceed with the 22 deposition? 23 A I am ready. Now I see you. 24 Q Did I get an answer? 25 A What was the question? What was the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 10 November 30, 2021 1 Herskovits 2 last part? I didn't hear anything. 3 Q Alright. You also have a bit of a 4 reverb sound as well. 5 MR. GETZONI: Ms. Lewis, we're 6 having some technical difficulties 7 here because your witness is not 8 hearing my questions, I'm not 9 hearing his answers and he's 10 freezing on the screen. 11 MS. LEWIS: Mr. Herskovits, 12 are you able to hear me? 13 THE WITNESS: Yes. 14 MS. LEWIS: Can you log out 15 and log back in, please? 16 THE WITNESS: Absolutely. 17 MS. LEWIS: Go out of the 18 meeting and come back in, please. 19 Off the record. 20 (Discussion was held off the 21 record.) 22 (BRIEF RECESS.) 23 CONTINUING BY 24 MR. GETZONI: 25 Q Are you ready to proceed with the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 11 November 30, 2021 1 Herskovits 2 deposition? 3 A Yes. 4 Q Other than Ephraim Herskovits have you 5 been known by any other names? 6 A No. 7 Q Are you currently employed? 8 A Can you hear me? 9 Q Yes. 10 A I don't hear anything. 11 MS. LEWIS: Mr. Herskovits, 12 are you able to testify without the 13 ear pods? 14 THE WITNESS: I can try. I'll 15 hear more background. Can you hear 16 me now? 17 MR. GETZONI: Yes. 18 MS. LEWIS: Off the record. 19 (Discussion was held off the 20 record.) 21 MR. GETZONI: See you in 22 five. 23 (BRIEF RECESS.) 24 CONTINUING BY 25 MR. GETZONI: DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 12 November 30, 2021 1 Herskovits 2 Q Mr. Herskovits, after taking a break to 3 resolve some technical issues we are back. 4 Mr. Herskovits, are you currently 5 employed? 6 A Yes. 7 Q How many employers do you currently 8 have? 9 A How many employers do I currently have? 10 Q All the ones that you remember. 11 A Are you asking me from the previous, 12 sir, or the present? 13 Q We're having some technical problems. I 14 said currently but you didn't hear that. 15 Are you able to hear the questions? 16 A I'm hearing the question, yes. 17 Q How many employers do you currently 18 have? All that you remember. 19 A One employer. One employer. 20 Q Who is that employer? 21 A Guma Corp. 22 Q What is Guma Corp.? 23 A It's a garbage removal company. 24 Q Does it also go by the name of Guma 25 Construction Corporation? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 13 November 30, 2021 1 Herskovits 2 A Yes. 3 Q Does it also go by the name Guma 4 Construction Corp.? 5 A Yes. 6 Q How long have you been an employee of 7 Guma Construction Corp.? 8 A Approximately twenty years. 9 Q Has that been a continuous twenty years 10 of employment or was it intermittent? 11 A Continuous. 12 Q Do you currently have a supervisor for 13 your employment? 14 A No. 15 Q What is your current job title or 16 titles, if any? 17 A I am chief manager daily operations. 18 Q How long have you been a chief manager 19 of daily operations? 20 A The last fifteen years. 21 Q What are your current job duties as a 22 chief manager of daily operations? 23 A Overseeing all the drivers and trucks 24 and making sure that everything goes smoothly on a 25 daily basis. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 14 November 30, 2021 1 Herskovits 2 Q Do you own Guma Construction Corp. to 3 any extent? 4 A No. 5 Q Who and/or what owns Guma Construction 6 Corp.? 7 A It's a corporation. 8 Q What corporation is that that owns Guma 9 Construction Corp.? 10 A Guma Construction Corp. 11 Q Guma Construction Corp. owns itself? 12 A Corporation has members. 13 Q Who are the members of the corporation? 14 A Joshua Gutman. 15 MR. GETZONI: We have a very 16 substantial technical difficulty 17 here. The problem to me seems to 18 be there's not fast enough internet 19 service between Mr. Herskovits and 20 wherever it is he's transmitting 21 to, whatever the hub is. It could 22 be his WiFi if he's using that or 23 service provider or both, but 24 that's where the issue is. 25 Apparently, it's an issue of speed, DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 15 November 30, 2021 1 Herskovits 2 mega bites per second speed. 3 Ms. Lewis, what can we do 4 here? 5 MS. LEWIS: Off the record. 6 (Discussion was held off the 7 record.) 8 Q We left off, the last response I was 9 able to get was Joshua Gutman. Is that a name you 10 gave? 11 A Yes. 12 MS. LEWIS: I believe he said 13 that was the main member. 14 Is that correct? 15 THE WITNESS: Yes, correct. 16 Q Who are the not main members? 17 A I'm the other member. 18 Q In all there's two members? 19 A Correct. 20 Q Is Joshua Gutman also an employee of 21 Guma Construction Corp.? 22 A He's not an employee, he owns the 23 company. 24 Q You're an employee? 25 A Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 08/20/2022 02:43 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/20/2022 Page 16 November 30, 2021 1 Herskovits 2 Q Other than yourself, does Guma 3 Construction Corp. have any other employees? 4 A Guma Construction Corp. has -- we have 5 many drivers. That's the whole business. 6 Q Are all the drivers that drive for Guma 7 Construction Corp. employees of Guma Construction 8 Corp. while they are driving for Guma Construction 9 Corp.? 10 A Yes. 11 Q Was that also true in March of 2020? 12 A Yes. 13 Q In March of 2020 did all the drivers 14 report to you in the course of their employment 15 with Guma Construction Corp.? 16 A Yes. 17 Q In March of 2020 were you those drivers' 18 supervisor? 19 A Yes. 20 Q In addition to yourself did they report 21 to anyone else back in March of 2020? 22 A They have a dispatcher that gives them 23 their stops everyday who's in contact with them, 24 where to