Preview
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
EXHIBIT E
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
Page 1
March 4, 2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JULIE AYALA,
PLAINTIFF,
-against- Index No:
521818/2018
94TH AVENUE JAMAICA, LLC and
ARTIMUS CONSTRUCTION, INC.,
DEFENDANTS.
DATE: March 4, 2020
TIME: 11:18 a.m.
EXAMINATION BEFORE TRIAL of the
Plaintiff, JULIE AYALA, taken by the Defendant,
pursuant to an Order, held at 26 Court Street,
Brooklyn, New York, before Laura Liotine, a
Notary Public of the State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
Page 2
March 4, 2020
1
2 A P P E A R A N C E S:
3
HELEN F. DALTON & ASSOCIATES, P.C.
4 Attorneys for Plaintiff
80-20 Kew Gardens Road, Suite 601
5 Kew Gardens, New York 11415
BY: ROMAN AVSHALUMOV, ESQ.
6
7
GALLO VITUCCI KLAR, LLP
8 Attorneys for Defendants
90 Broad Street, 12th Floor
9 New York, New York 10004
BY: BRANDON WEINSTEIN, ESQ.
10 File No: PRO-2019-23
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 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
Page 3
March 4, 2020
1 STIPULATIONS
2 IT IS HEREBY STIPULATED AND
3 AGREED by and between (among) counsel for the
4 respective parties hereto, that:
5
6 All rights provided by the C.P.L.R.,
7 including the right to object to any question,
8 except as to form, or to move to strike any
9 testimony at this(these) examination (s), are
10 reserved, and, in addition, the failure to object
11 to any question or to move to strike any
12 testimony at this(these) examination(s) shall not
13 be a bar or waiver to make such motion at, and is
14 reserved for the trial of this action;
15
16 IT IS FURTHER STIPULATED AND AGREED
17 by and between(among) counsel for the respective
18 parties hereto, that this(these) examination(s)
19 may be sworn to by the witness(es) being
20 examined, before a Notary Public other than the
21 Notary Public before whom this(these)
22 examination(s) was (were) begun; but the failure
23 to do so, or to return the original of
24 this(these) examination(s) to counsel, shall not
25 be deemed a waiver of the rights provided by
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
Page 4
March 4, 2020
1 STIPULATIONS
2 Rules 3116 and 3117 of the C.P.L.R., and shall be
3 controlled thereby;
4
5 IT IS FURTHER STIPULATED AND AGREED
6 by and between(among) counsel for the respective
7 parties hereto, that this(these) examination(s)
8 may be utilized for all purposes as provided by
9 the C.P.L.R.;
10
11 IT IS FURTHER STIPULATED AND AGREED
12 by and between(among) counsel for the respective
13 parties hereto, that the filing and certification
14 of the original of this(these) examination(s)
15 shall be and the same hereby are waived;
16
17 IT IS FURTHER STIPULATED AND AGREED
18 by and between(among) counsel for the respective
19 parties hereto, that a copy of the within
20 examinations(s) shall be furnished to counsel
21 representing the witness(es) testifying, without
22 charge;
23
24 IT IS FURTHER STIPULATED AND AGREED
25 by and between(among) counsel for the respective
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
Page 5
March 4, 2020
1 J. Ayala
2 parties hereto, that all rights provided by the
3 C.P.L.R., and Part 221 of the Uniform Rules for
4 the Conduct of Depositions, including the right
5 to object to any question, except as to form, or
6 to move to strike any testimony at this
7 examination is reserved; and in addition, the
8 failure to object to any question or to move to
9 strike any testimony at this examination shall
10 not be a bar or waiver to make such motion at,
11 and is reserved to the trial of this action.
12
13
14 * * *
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas C:ompany
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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March 4, 2020
1
2 J U L I E A Y A L A, called as a witness,
3 having been first duly sworn by a Notary
4 Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. WEINSTEIN:
8 Q. Please state your name for the
9 record.
10 A. Julia Ayala.
11 Q. Where do you reside?
12 A. 2332 Tiebout Avenue, Apartment 10G,
13 Bronx, New York 10458.
14 MR. AVSHALUMOV: Before we start
15 I want to put something on the
16 record. I have been advised that
17 there is a third-party action that's
18 been brought by the defendant. We
19 are agreeing to go ahead with today's
20 deposition and ask that we get a copy
21 of the Third-Party Summons. Today's
22 deposition was scheduled for both
23 parties but we agreed to conduct the
24 defendant's deposition on April 4th,
25 and of course, we understand that if
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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March 4, 2020
1 J. Ayala
2 the defendant's witness is not
3 available for that date we'll
4 reschedule it, but we also agreed
5 that the fact that the third-party
6 action was brought would not be used
7 as an excuse to adjourn the
8 defendant's deposition.
9 EXAMINATION BY
10 MR. WEINSTEIN:
11 Q. Good morning, Ms. Ayala.
12 A. Good morning.
13 Q. My name is Brandon Weinstein. I'm an
14 attorney with Gallo Vitucci and Klar. We
15 represent the defendants in this action that you
16 have commenced.
17 I am going to be asking you a series
18 of questions today, but before we get started I
19 just want to set forth a series of ground rules
20 for today's deposition; is that okay?
21 A. Yes.
22 Q. First thing is, we need all answers
23 to be verbal and loud and clear so that the
24 reporter can take down everything we're saying;
25 is that okay?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 A. Yes. I'm going to move over.
3 Q. If you could enunciate that would be
4 great. Next thing is: You may understand where
5 my questions are going. Some of them may be
6 obvious, but so we a have a clear record I need
7 you to let me finish the question before you
8 answer; is that okay?
9 A. Okay.
10 Q. Last thing: If you would like to
11 take a break at any point, we can do that. The
12 only thing I ask is, if there is a question
13 pending you answer the question before we take a
14 break, okay?
15 A. Yes.
16 Q. Have you ever been a part of anything
17 like this before, a deposition?
18 A. No.
19 Q. Prior to coming here today did you
20 take any medication?
21 A. Yes.
22 Q. What did you take?
23 A. Aleve.
24 Q. Anything else?
25 A. No.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 Q. One other rule I forgot to mention
3 is, the reporter can't take down if you're
4 shaking your head yes or no, so we need all your
5 . answers to be verbal, is that all right?
6 A. Yes.
7 Q. Prior to this moment, have you
8 reviewed any documents pertaining to this
9 accident?
10 A. Yes.
11 Q. What have you reviewed? I'm not
12 asking about any conversations you had with your
13 lawyer --
14 A. Oh, no.
15 Q. -- I'm just you what documents
asking
16 you may have looked at?
17 A. No.
18 Q. You have not looked at any documents?
19 A. Yes.
20 Q. What have you reviewed?
21 A. The documents that the lawyer just
22 showed me.
23 Q. What were those?
24 A. Just the dates and information.
25 Q. Was it on a or --
form,
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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March 4, 2020
1 J. Ayala
2 A. Paper, notes, papers.
3 Q. Just notes?
4 A. Yes.
5 Q. Yes?
6 A. Yes.
7 Q. Did you look at any photos before
8 coming here today?
9 A. Yes.
10 Q. Are those photos that you have taken,
11 either of your injuries or the accident site?
12 A. I looked at photos when I got here.
13 Q. Which photos were those?
14 A. The accident photos.
15 Q. Are those photos that you have taken?
16 A. Yes.
17 Q. We'll get to those a little later.
18 The address you gave for the record, 2332 Tiebout
19 Avenue, how long have you lived at that address?
20 A. Six weeks now.
21 Q. Back in March of 2018, where did you
22 live?
23 A. 1355 East New York Avenue with my
24 mother, Ms. Ludy, L-U-D-Y, Jouvert,
25 J-O-U-V-E-R-T.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 Q. And then six weeks ago you moved to
3 the new address?
4 A. Yes.
5 Q. Who do you live with at the Tiebout
6 Avenue address?
7 A. Myself.
8 Q. You indicated previously, I think,
9 that you were an apartment --
renting
10 A. Yes, I am renting a room.
11 Q. Again, very important just so we have
12 a clear record that you let me finish even if you
13 know my question, okay?
. 14 A. Yes.
15 Q. You indicated you rent a room?
16 A. Yes.
17 Q. Who do you rent a room from?
18 A. I can't pronounce her name, a lady
19 who is rooms. Her name is Nilba --
renting
20 Nilba -- I could her first Nilba.
only say name,
21 Q. The room that you rent, is it in an
22 apartment building?
23 A. No. It looks like a complex or maybe
24 a project. It has ten floors.
25 Q. Does it have an elevator?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 A. Yes.
3 Q. You're on the tenth floor; is that
4 correct?
5 A. Yes.
6 Q. Back when you lived on East New York
7 Avenue, was that also a building with an
8 elevator?
9 A. Yes.
10 Q. Are you married?
11 A. No.
12 Q. Have you ever been married?
13 A. Yes.
14 Q. When were you married?
15 A. '89 -- 1989.
16 Q. How did your marriage end?
17 A. He went to jail.
18 Q. Are you still legally married?
19 A. No.
20 Q. So are you separated, divorced,
21 something else?
22 A. Divorced.
23 Q. When were you divorced?
24 A. January of 2001.
25 Q. Since then you have not remarried; is
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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March 4, 2020
1 J. Ayala
2 that correct?
3 A. No.
4 Q. Do you have any children?
5 A. Yes.
6 Q. How many children do you have?
7 A. Four.
8 Q. Are any of them below the age of 21?
9 A. Yes, one.
10 Q. What is his or her name?
11 A. Diamond Boden.
12 Q. Do s he live with you -- he or she?
13 A. No. She.
14 Q. Where does she live?
15 A. She lives with roommates in Brooklyn.
16 Q. Back in 2018 did any of your children
17 live with you?
18 A. Yes, Diamond did.
19 Q. So Diamond lived with you and your
20 mother at the East New York Avenue address?
21 A. Yes, yes.
22 Q. What is your date of birth?
23 A. March 18th, 1967.
24 Q. What is your Social Security number?
25 MR. WEINSTEIN: Counsel, I don't
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 know if you want to do last four or
3 leave it off?
4 MR. AVSHALUMOV: Last four is
5 fine.
6 THE WITNESS: 6360.
7 Q. So you give me the entire Social and
8 she just for your protection she just puts the
9 last four on the record. You have to give me the
10 entire.
11 A. XX-XXX-6360.
12 Q. Where were you born?
13 A. Brooklyn, New York.
14 Q. Are you a U.S. citizen?
15 A. Yes, I am.
16 Q. Are you currently employed?
Workers'
17 A. I'm on Comp.
18 Q. Would that mean no?
19 A. No.
20 Q. When was the last t.ime you were
21 employed?
22 A. March 26th.
23 Q. The date of your accident?
24 A. Yes.
25 Q. That's 2018, right?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 A. Yes.
3 Q. On the day of accident who was your
4 employer?
5 A. William Burgos, A&M Professional
6 Security Consultants.
7 Q. I'm sorry, what was that first name
8 you said?
9 A. His name is William Burgers --
10 Burgos, I'm sorry, Burgos, B-U-R-G-O-S.
11 Q. Was that your supervisor?
12 A.. He's the boss.
13 Q. But the company you worked for was?
14 A. A&M Professional Security
15 Consultants.
16 Q. Just to abbreviate things, I am just
17 going to call it A&M; is that okay?
18 A. That's fine.
19 Q. When did you first begin working for
20 A&M?
21 A. October 5th, 2010.
22 Q. October 5th, 2010?
23 A. Yes.
24 Q. How did you find out that there was
25 an opening for the company?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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1 J. Ayala
2 A. My moms used to work for them.
3 Q. When you were hired back in 2010,
4 what was your job title?
5 A. I was a -- guard.
security security
6 Q. Was that your title throughout from
7 2010 to 2018?
8 A. Yes?
9 Q. What were your duties and
10 responsibilities as a security guard?
11 A. To make sure all things are -- to
12 make hourly patrol, check on the fire systems,
13 check on doors and locks on every floor. Mostly
14 that's my job.
15 Q. Prior to working for A&M, where did
16 you work?
17 A. I worked in the Manhattan -- Mall as
18 security, also.
19 Q. Was that with a different company?
20 A. Yes, a different company?
21 Q. What was the name of that company?
22 A. What was that man's name. So long
23 ago. His name is -- Vornado (phonetic).
24 Q. Vornado?
25 A. Vornado, yes, Vornado.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022
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Preview
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 EXHIBIT E FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 1 March 4, 2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JULIE AYALA, PLAINTIFF, -against- Index No: 521818/2018 94TH AVENUE JAMAICA, LLC and ARTIMUS CONSTRUCTION, INC., DEFENDANTS. DATE: March 4, 2020 TIME: 11:18 a.m. EXAMINATION BEFORE TRIAL of the Plaintiff, JULIE AYALA, taken by the Defendant, pursuant to an Order, held at 26 Court Street, Brooklyn, New York, before Laura Liotine, a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 2 March 4, 2020 1 2 A P P E A R A N C E S: 3 HELEN F. DALTON & ASSOCIATES, P.C. 4 Attorneys for Plaintiff 80-20 Kew Gardens Road, Suite 601 5 Kew Gardens, New York 11415 BY: ROMAN AVSHALUMOV, ESQ. 6 7 GALLO VITUCCI KLAR, LLP 8 Attorneys for Defendants 90 Broad Street, 12th Floor 9 New York, New York 10004 BY: BRANDON WEINSTEIN, ESQ. 10 File No: PRO-2019-23 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 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 3 March 4, 2020 1 STIPULATIONS 2 IT IS HEREBY STIPULATED AND 3 AGREED by and between (among) counsel for the 4 respective parties hereto, that: 5 6 All rights provided by the C.P.L.R., 7 including the right to object to any question, 8 except as to form, or to move to strike any 9 testimony at this(these) examination (s), are 10 reserved, and, in addition, the failure to object 11 to any question or to move to strike any 12 testimony at this(these) examination(s) shall not 13 be a bar or waiver to make such motion at, and is 14 reserved for the trial of this action; 15 16 IT IS FURTHER STIPULATED AND AGREED 17 by and between(among) counsel for the respective 18 parties hereto, that this(these) examination(s) 19 may be sworn to by the witness(es) being 20 examined, before a Notary Public other than the 21 Notary Public before whom this(these) 22 examination(s) was (were) begun; but the failure 23 to do so, or to return the original of 24 this(these) examination(s) to counsel, shall not 25 be deemed a waiver of the rights provided by DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 4 March 4, 2020 1 STIPULATIONS 2 Rules 3116 and 3117 of the C.P.L.R., and shall be 3 controlled thereby; 4 5 IT IS FURTHER STIPULATED AND AGREED 6 by and between(among) counsel for the respective 7 parties hereto, that this(these) examination(s) 8 may be utilized for all purposes as provided by 9 the C.P.L.R.; 10 11 IT IS FURTHER STIPULATED AND AGREED 12 by and between(among) counsel for the respective 13 parties hereto, that the filing and certification 14 of the original of this(these) examination(s) 15 shall be and the same hereby are waived; 16 17 IT IS FURTHER STIPULATED AND AGREED 18 by and between(among) counsel for the respective 19 parties hereto, that a copy of the within 20 examinations(s) shall be furnished to counsel 21 representing the witness(es) testifying, without 22 charge; 23 24 IT IS FURTHER STIPULATED AND AGREED 25 by and between(among) counsel for the respective DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 5 March 4, 2020 1 J. Ayala 2 parties hereto, that all rights provided by the 3 C.P.L.R., and Part 221 of the Uniform Rules for 4 the Conduct of Depositions, including the right 5 to object to any question, except as to form, or 6 to move to strike any testimony at this 7 examination is reserved; and in addition, the 8 failure to object to any question or to move to 9 strike any testimony at this examination shall 10 not be a bar or waiver to make such motion at, 11 and is reserved to the trial of this action. 12 13 14 * * * 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas C:ompany 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 6 March 4, 2020 1 2 J U L I E A Y A L A, called as a witness, 3 having been first duly sworn by a Notary 4 Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. WEINSTEIN: 8 Q. Please state your name for the 9 record. 10 A. Julia Ayala. 11 Q. Where do you reside? 12 A. 2332 Tiebout Avenue, Apartment 10G, 13 Bronx, New York 10458. 14 MR. AVSHALUMOV: Before we start 15 I want to put something on the 16 record. I have been advised that 17 there is a third-party action that's 18 been brought by the defendant. We 19 are agreeing to go ahead with today's 20 deposition and ask that we get a copy 21 of the Third-Party Summons. Today's 22 deposition was scheduled for both 23 parties but we agreed to conduct the 24 defendant's deposition on April 4th, 25 and of course, we understand that if DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 7 March 4, 2020 1 J. Ayala 2 the defendant's witness is not 3 available for that date we'll 4 reschedule it, but we also agreed 5 that the fact that the third-party 6 action was brought would not be used 7 as an excuse to adjourn the 8 defendant's deposition. 9 EXAMINATION BY 10 MR. WEINSTEIN: 11 Q. Good morning, Ms. Ayala. 12 A. Good morning. 13 Q. My name is Brandon Weinstein. I'm an 14 attorney with Gallo Vitucci and Klar. We 15 represent the defendants in this action that you 16 have commenced. 17 I am going to be asking you a series 18 of questions today, but before we get started I 19 just want to set forth a series of ground rules 20 for today's deposition; is that okay? 21 A. Yes. 22 Q. First thing is, we need all answers 23 to be verbal and loud and clear so that the 24 reporter can take down everything we're saying; 25 is that okay? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 8 March 4, 2020 1 J. Ayala 2 A. Yes. I'm going to move over. 3 Q. If you could enunciate that would be 4 great. Next thing is: You may understand where 5 my questions are going. Some of them may be 6 obvious, but so we a have a clear record I need 7 you to let me finish the question before you 8 answer; is that okay? 9 A. Okay. 10 Q. Last thing: If you would like to 11 take a break at any point, we can do that. The 12 only thing I ask is, if there is a question 13 pending you answer the question before we take a 14 break, okay? 15 A. Yes. 16 Q. Have you ever been a part of anything 17 like this before, a deposition? 18 A. No. 19 Q. Prior to coming here today did you 20 take any medication? 21 A. Yes. 22 Q. What did you take? 23 A. Aleve. 24 Q. Anything else? 25 A. No. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 9 March 4, 2020 1 J. Ayala 2 Q. One other rule I forgot to mention 3 is, the reporter can't take down if you're 4 shaking your head yes or no, so we need all your 5 . answers to be verbal, is that all right? 6 A. Yes. 7 Q. Prior to this moment, have you 8 reviewed any documents pertaining to this 9 accident? 10 A. Yes. 11 Q. What have you reviewed? I'm not 12 asking about any conversations you had with your 13 lawyer -- 14 A. Oh, no. 15 Q. -- I'm just you what documents asking 16 you may have looked at? 17 A. No. 18 Q. You have not looked at any documents? 19 A. Yes. 20 Q. What have you reviewed? 21 A. The documents that the lawyer just 22 showed me. 23 Q. What were those? 24 A. Just the dates and information. 25 Q. Was it on a or -- form, DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 10 March 4, 2020 1 J. Ayala 2 A. Paper, notes, papers. 3 Q. Just notes? 4 A. Yes. 5 Q. Yes? 6 A. Yes. 7 Q. Did you look at any photos before 8 coming here today? 9 A. Yes. 10 Q. Are those photos that you have taken, 11 either of your injuries or the accident site? 12 A. I looked at photos when I got here. 13 Q. Which photos were those? 14 A. The accident photos. 15 Q. Are those photos that you have taken? 16 A. Yes. 17 Q. We'll get to those a little later. 18 The address you gave for the record, 2332 Tiebout 19 Avenue, how long have you lived at that address? 20 A. Six weeks now. 21 Q. Back in March of 2018, where did you 22 live? 23 A. 1355 East New York Avenue with my 24 mother, Ms. Ludy, L-U-D-Y, Jouvert, 25 J-O-U-V-E-R-T. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 11 March 4, 2020 1 J. Ayala 2 Q. And then six weeks ago you moved to 3 the new address? 4 A. Yes. 5 Q. Who do you live with at the Tiebout 6 Avenue address? 7 A. Myself. 8 Q. You indicated previously, I think, 9 that you were an apartment -- renting 10 A. Yes, I am renting a room. 11 Q. Again, very important just so we have 12 a clear record that you let me finish even if you 13 know my question, okay? . 14 A. Yes. 15 Q. You indicated you rent a room? 16 A. Yes. 17 Q. Who do you rent a room from? 18 A. I can't pronounce her name, a lady 19 who is rooms. Her name is Nilba -- renting 20 Nilba -- I could her first Nilba. only say name, 21 Q. The room that you rent, is it in an 22 apartment building? 23 A. No. It looks like a complex or maybe 24 a project. It has ten floors. 25 Q. Does it have an elevator? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 12 March 4, 2020 1 J. Ayala 2 A. Yes. 3 Q. You're on the tenth floor; is that 4 correct? 5 A. Yes. 6 Q. Back when you lived on East New York 7 Avenue, was that also a building with an 8 elevator? 9 A. Yes. 10 Q. Are you married? 11 A. No. 12 Q. Have you ever been married? 13 A. Yes. 14 Q. When were you married? 15 A. '89 -- 1989. 16 Q. How did your marriage end? 17 A. He went to jail. 18 Q. Are you still legally married? 19 A. No. 20 Q. So are you separated, divorced, 21 something else? 22 A. Divorced. 23 Q. When were you divorced? 24 A. January of 2001. 25 Q. Since then you have not remarried; is DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 13 March 4, 2020 1 J. Ayala 2 that correct? 3 A. No. 4 Q. Do you have any children? 5 A. Yes. 6 Q. How many children do you have? 7 A. Four. 8 Q. Are any of them below the age of 21? 9 A. Yes, one. 10 Q. What is his or her name? 11 A. Diamond Boden. 12 Q. Do s he live with you -- he or she? 13 A. No. She. 14 Q. Where does she live? 15 A. She lives with roommates in Brooklyn. 16 Q. Back in 2018 did any of your children 17 live with you? 18 A. Yes, Diamond did. 19 Q. So Diamond lived with you and your 20 mother at the East New York Avenue address? 21 A. Yes, yes. 22 Q. What is your date of birth? 23 A. March 18th, 1967. 24 Q. What is your Social Security number? 25 MR. WEINSTEIN: Counsel, I don't DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 14 March 4, 2020 1 J. Ayala 2 know if you want to do last four or 3 leave it off? 4 MR. AVSHALUMOV: Last four is 5 fine. 6 THE WITNESS: 6360. 7 Q. So you give me the entire Social and 8 she just for your protection she just puts the 9 last four on the record. You have to give me the 10 entire. 11 A. XX-XXX-6360. 12 Q. Where were you born? 13 A. Brooklyn, New York. 14 Q. Are you a U.S. citizen? 15 A. Yes, I am. 16 Q. Are you currently employed? Workers' 17 A. I'm on Comp. 18 Q. Would that mean no? 19 A. No. 20 Q. When was the last t.ime you were 21 employed? 22 A. March 26th. 23 Q. The date of your accident? 24 A. Yes. 25 Q. That's 2018, right? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 15 March 4, 2020 1 J. Ayala 2 A. Yes. 3 Q. On the day of accident who was your 4 employer? 5 A. William Burgos, A&M Professional 6 Security Consultants. 7 Q. I'm sorry, what was that first name 8 you said? 9 A. His name is William Burgers -- 10 Burgos, I'm sorry, Burgos, B-U-R-G-O-S. 11 Q. Was that your supervisor? 12 A.. He's the boss. 13 Q. But the company you worked for was? 14 A. A&M Professional Security 15 Consultants. 16 Q. Just to abbreviate things, I am just 17 going to call it A&M; is that okay? 18 A. That's fine. 19 Q. When did you first begin working for 20 A&M? 21 A. October 5th, 2010. 22 Q. October 5th, 2010? 23 A. Yes. 24 Q. How did you find out that there was 25 an opening for the company? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 16 March 4, 2020 1 J. Ayala 2 A. My moms used to work for them. 3 Q. When you were hired back in 2010, 4 what was your job title? 5 A. I was a -- guard. security security 6 Q. Was that your title throughout from 7 2010 to 2018? 8 A. Yes? 9 Q. What were your duties and 10 responsibilities as a security guard? 11 A. To make sure all things are -- to 12 make hourly patrol, check on the fire systems, 13 check on doors and locks on every floor. Mostly 14 that's my job. 15 Q. Prior to working for A&M, where did 16 you work? 17 A. I worked in the Manhattan -- Mall as 18 security, also. 19 Q. Was that with a different company? 20 A. Yes, a different company? 21 Q. What was the name of that company? 22 A. What was that man's name. So long 23 ago. His name is -- Vornado (phonetic). 24 Q. Vornado? 25 A. Vornado, yes, Vornado. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/30/2022 Page 17