Preview
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 09/30/2022
EXHIBIT H
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 09/30/2022
Page 1
March 2, 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX# 521818/2018
X
JULIE AYALA,
Plaintiff,
-against-
94TH AVENUE JAMAICA, L.L.C., ARTIMUS
CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH
AVENUE JAMAICA LI, L.L.C.,
Defendants.
•X
94TH AVENUE JAMAICA, L.L.C., ARTIMUS
CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH
AVENUE JAMAICA LI, L.L.C.,
Third-Party Plaintiffs,
-against-
A & M PROFESSIONAL SECURITY CONSULTING CORP.,
Third-Party Defendants.
X
March 2, 2021
11:10 a.m.
Video Conference Examination Before
Trial of the Defendants by JENNIFER BONILLA
(Via Conference) pursuant to Order, before
Robert S. Barletta, 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. 127 RECEIVED NYSCEF: 09/30/2022
Page 2
March 2, 2021
APPEARANCES:
HELEN F. DALTON & ASSOCIATES, P.C.
Attorneys for Plaintiff
80-02 Kew Gardens Road
Kew Gardens, New York 11415
BY: ROMAN AVSHALUMOV, ESQ. (Via Conference
9 GALLO, VITUCCI & KLAR
10 Attorneys for Defendants/Third-Party Plaintiffs
11 90 Broad Street
12 New York, New York 10004
13 BY: ANCILLA DIAS-PINTO, ESQ. (Via Conference)
14
15 LEWIS, JOHS, AVALLONE & AVILES, L.L.P.
16 Attorneys for Third-Party Defendants
17 61 Broadway
18 New York, New York 10006
19 BY: ROSS RUGGIERO, ESQ. (Via Conference)
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 3
March 2, 2021
1
2 STIPULATIONS
3 IT IS HEREBY STIPULATED AND
4 AGREED by and between(among) counsel for the
5 respective parties hereto, that:
6
7 All rights provided by the
8 C.P.L.R., including the right to object to
9 any question, except as to form, or to move
10 to strike any testimony at this(these)
11 examination(s), are reserved, and, in
12 addition, the failure to object to any
13 question or to move to strike any testimony
14 at this(these) examination (s) shall not be a
15 bar or waiver to make such motion at, and is
16 reserved for the trial of this action;
17
18 IT IS FURTHER STIPULATED AND
19 AGREED by and between(among) counsel for the
20 respective parties hereto, that this (these)
21 examination(s) may be sworn to by the
22 witness(es) being examined, before a Notary
23 Public other than the
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 4
March 2, 2021
1
2 STI PULATIONS (Cont'd)
3 Notary Public before whom this (these)
4 examination(s) was (were) begun; but the
5 failure to do so, or to return the original
6 of this (these) examination(s) to counsel,
7 shall not be deemed a waiver of the rights
8 provided by Rules 3116 and 3117 of the
9 C.P.L.R., and shall be controlled thereby;
10
11 IT IS FURTHER STIPULATED AND
12 AGREED by and between(among) counsel for the
13 respective parties hereto, that this (these)
14 examination(s) may be utilized for all
15 purposes as provided by the C.P.L.R.;
16
17 IT IS FURTHER STIPULATED AND
18 AGREED by and between(among) counsel for the
19 respective parties hereto, that the filing
20 and certification of the original of
21 this(these) examination (s) shall be and the
22 same hereby are waived;
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 5
March 2, 2021
1
2 STIPULATIONS (Cont'd)
3 IT IS FURTHER STIPULATED AND
4 AGREED by and between(among) counsel for the
5 respective parties hereto, that a copy of the
6 within examination(s) shall be furnished to
7 counsel representing the witness (es)
8 testifying, without charge.
9
10 IT IS FURTHER STIPULATED AND
11 AGREED by and between(among) counsel for the
12 respective parties hereto, that all rights
13 provided by the C.P.L.R., and Part 221 of the
14 Uniform Rules for the Conduct of Depositions,
15 including the right to object to any
16 question, except as to form, or to move to
17 strike any testimony at this examination is
18 reserved; and in addition, the failure to
19 object to any question or to move to strike
20 any testimony at this examination shall not
21 be a bar or waiver to make such motion at,
22 and is reserved to, the trial of this action.
23
24
25 -oOo-
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 6
March 2, 2021
1
2 VIDEO CONFERENCE
3 IT IS HEREBY STIPULATED AND
4 AGREED by and between counsel for all
5 parties present that Pursuant to
6 C.P.L.R. Section 3113(d) this deposition is
7 to be conducted by video conference,
8 that the court reporter, all counsel,
9 and the witness are all in separate
10 remote locations and participating via
11 Video Conference meeting under the
12 control of Lexitas Court Reporting
13 Service, that the officer administering
14 the oath to the witness need not be in
15 the place of the deposition and the
16 witness shall be sworn in remotely by
17 the court reporter after confirming the
18 witness' identity, that this video
19 conference will not be recorded in any
20 manner and that any recording without
21 the express written consent of all
22 parties shall be considered
23 unauthorized, in violation of law, and
24 shall not be used for any purpose in
25 this litigation or otherwise.
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 7
March 2, 2021
1
2 VIDEO CONFERENCE (Cont'd)
3 IT IS FURTHER STIPULATED AND
4 AGREED that exhibits may be marked by the
5 attorney presenting the exhibit to the
6 witness, and that a copy of any exhibit
7 presented to a witness shall be e-mailed to
8 or otherwise in possession of all counsel
9 prior to any questioning of a witness
10 regarding the exhibit in question. All
11 parties shall bear their own costs in the
12 conduct of this deposition by video
13 conference, notwithstanding the obligation by
14 C.P.L.R. to supply a copy of the transcript
15 to the deposed party by the taking party in
16 civil litigation matters.
17
18
19
20
21
22
23
24
25 - oOo -
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 8
March 2, 2021
1 Bonilla
2 JENNIFER BONILLA, called as a
3 witness, having been duly sworn by the
4 Notary Public, was examined and
5 testified as follows:
6
7 EXAMINATION BY
8 MR. AVSHALUMOV:
9 THE REPORTER: Please state your full
10 name for the record.
11 THE WITNESS: Jennifer Bonilla.
12 THE REPORTER: What is your address?
13 THE WITNESS: My business address is 316
14 West llBth Street, 4th Floor, New York, New
15 York 10026.
16 MR. AVSHALUMOV: Good morning,
17 Ms. Bonilla. My name is Roman Avshalumov. I
18 am an attorney with Helen Dalton &
19 Associates. We represent Julie Ayala, the
20 plaintiff in this action. We are here today
21 to find out as much as possible about an
22 accident that happened on March 26, 2018 and
23 the construction project that Artimus
24 Construction was in charge of. Don't guess.
25 If you don't remember or don't know
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 9
March 2, 2021
1 Bonilla
2 something, tell us you don't know or don't
3 remember. If you can approximate, please
A approximate. The court reporter is typing
5 everything down. He cannot take gestures or
6 nods of the head. You have to answer all of
7 your questions verbally. If you don't
8 understand a question or if you didn't hear a
9 question, let me know. I will repeat it or
10 rephrase it.
11 Q. Where are you working presently?
12 A. Artimus Construction.
13 Q. What is your position?
14 A. Administrative Coordinator.
15 Q. How long did you work with Artimus?
16 A. Seven years.
17 Q. How long have you been the
18 Administrative Coordinator with Artimus?
19 A. Two years.
20 Q. What were you before that?
21 A. Project Administrative Assistant.
22 Q. How many years did you do that?
23 A. Five.
24 Q. In the year of 2018, were you the
25 project Administrative Assistant?
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. 127 RECEIVED NYSCEF: 09/30/2022
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March 2, 2021
1 Bonilla
2 A. Yes.
3 Q. When did you become the Administrative
4 Coordinator?
5 A. I don't remember the date.
6 Q. Can you approximate? Was it like early
7 2019 or was it late 2018? However you can
8 approximate.
9 A. I don't remember.
10 Q. As the Administrative Coordinator what
11 are your responsibilities currently?
12 A. I supervise the current Project
13 Administrative Assistant.
14 Q. What does that entail?
15 A. Support from the main office. Whenever
16 he is out, I cover at the job site and I assist on
17 all other projects.
18 Q. Can you tell us about your day-to-day as
19 the Administrative Coordinator?
20 A. I reply to e-mails, I update logs, and
21 attend meetings.
22 Q. Anything eJse?
23 A. I visit the job sites to scan documents.
24 Q. As far as the logs you said, what do you
25 do with the logs?
DEITZ Court Reporting... A I.exitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 09/30/2022
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March 2, 2021
1 Bonilla
2 A. I just update with information.
3 Q. What types of logs is it?
4 A. Shop drawings. Work logs.
5 Q. Do you attend safety meetings?
6 A. Sorry?
7 Q. Do you attend safety meetings?
8 A. No.
9 Q. What were your responsibilities as the
10 Project Administrative Assistant?
11 A. I provide support at the site office and
12 the project manager.
13 Q. You provide support to the project
14 manager?
15 A. Yes.
16 Q. Do you know the accident that took place
17 in March 2018?
18 A. Yes.
19 Q. Did that involve Julie Ayala; correct?
20 A. Yes.
21 Q. At that time were you a Project
22 Administrative Assistant or Administrati'^e
23 Coordinator?
24 A. Project Administrative Assistant.
25 Q. Around that time, by that time I mean
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 12
March 2, 2021
1 Bonilla
2 around March 2018, can you tell me how many days a
3 week and what hours did you work?
4 A. I don't remember.
5 Q. Presently, how many days a week do you
6 work?
7 A. Monday to Friday. So, five days a week.
8 Q. What hours?
9 A. It varies.
10 Q. How many hours a week do you work?
11 A. I would say 40.
12 Q. That has been the same for the past four
13 years? In other words, you worked Monday through
14 Friday about 40 hours a week plus or minus?
15 A. Yes.
16 Q. At that time in March 2018 what project
17 were you the Administrative Assistant for?
18 A. Jamaica 1.
19 Q. Did that project have an on-site office?
20 A. Yes.
21 Q. Where was it located?
22 A. Inside the building.
23 Q. Was there like a container sort of
24 office set up outside of the building?
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 13
March 2, 2021
1 Bonilla
2 Q. Where in the building was this site
3 office?
4 A. On the first floor.
5 Q. Around that time which is March 2018,
6 can you tell us how often you would be at that
7 office?
8 A. I don't remember.
9 Q. Can you approximate for us?
10 A. Maybe two or three times a week.
11 Q. When you would be at that office two to
12 three times a week, approximately how much time
13 would you spend? Would you spend the full day
14 there or partially there and partially in the main
15 office?
16 A. All day.
17 Q. Who was the project manager for whom you
18 were an assistant?
19 A. Rotem.
20 Q. Spe11 that?
21 A. R-o-t-e-m.
22 Q. Is that a first or last name?
23 A. First name.
24 Q. What is the last name?
25 A. Shaubi. S-h-a-u-b-i.
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 14
March 2, 2021
1 Bonilla
2 Q. What about Dennis Nomile (phonetic)?
3 A. Yes.
4 Q. Who is that?
5 A. The site superintendent.
6 Q. As part of your responsibilities at the
7 project were you required to keep track of any
8 reports in terms of progress reports cleanliness
9 reports, accident reports?
10 A. I don't understand the question.
11 Q. At the project were you responsible for
12 keeping reports?
13 MS. DIAS-PINTO: What do you mean
14 keeping?
15 Q. Would you be responsible for getting
16 reports from different trades or different people
17 on the site?
IB A. No.
19 Q. Did anybody provide you with any sort of
20 report at that site?
21 A. No.
22 Q. What were you responsible for?
23 A. Making sure that the architectural
24 plans, the building plans were on the job site,
25 and scanning any documents for the project
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 15
March 2, 2021
1 Bonilla
2 related.
3 Q. Such as what?
4 A. The site supervisor daily reports. Site
5 safety manager daily reports. Safety talks.
6 Q. What about accident reports?
7 A. Yes.
8 MR. AVSHALUMOV: Let's talk about the
9 site safety daily reports.
10 Q. Who would give you those reports at that
11 site?
12 A. The site safety manager.
13 Q. What is his name?
14 A. At the time. Beau Snell (phonetic).
15 SWELL.
16 Q. The site safety daily reports, what
17 information do they contain?
18 A. I guess daily walkthroughs.
19 Q. What was the extent of your
20 responsibility with respect to those reports? Did
21 you have to read them or did you have to scan them
22 and save them or e-mail them to somebody?
23 A. Just save and scan them.
24 Q. Were there times when Mr. Snell did not
25 provide you with the daily reports?
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 16
March 2, 2021
1 Bonilla
2 A. I don't remember.
3 Q. If that situation happened, would you
4 have to remind Mr. Snell to provide you with the
5 daily report?
6 A. Yes.
7 Q. Where would you save those reports?
8 A. To our company server.
9 Q. Do you still have access to those
10 reports?
11 A. No.
12 Q. Who has access to those reports?
13 A. I don't know.
14 Q. Did something happen to the company
15 server?
16 A. No.
17 Q. Are these documents still saved on the
18 company server?
19 A. I don't know. Maybe.
20 Q. Do you know for how long these site
21 safety daily reports are kept by the company?
22 A. I don't know.
23 Q. When you received those site safety
24 daily reports, did you go through them?
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. 127 RECEIVED NYSCEF: 09/30/2022
Page 17
March 2, 2021
1
Preview
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 09/30/2022 EXHIBIT H FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 09/30/2022 Page 1 March 2, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX# 521818/2018 X JULIE AYALA, Plaintiff, -against- 94TH AVENUE JAMAICA, L.L.C., ARTIMUS CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI, L.L.C., Defendants. •X 94TH AVENUE JAMAICA, L.L.C., ARTIMUS CONSTRUCTION, INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI, L.L.C., Third-Party Plaintiffs, -against- A & M PROFESSIONAL SECURITY CONSULTING CORP., Third-Party Defendants. X March 2, 2021 11:10 a.m. Video Conference Examination Before Trial of the Defendants by JENNIFER BONILLA (Via Conference) pursuant to Order, before Robert S. Barletta, 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 2 March 2, 2021 APPEARANCES: HELEN F. DALTON & ASSOCIATES, P.C. Attorneys for Plaintiff 80-02 Kew Gardens Road Kew Gardens, New York 11415 BY: ROMAN AVSHALUMOV, ESQ. (Via Conference 9 GALLO, VITUCCI & KLAR 10 Attorneys for Defendants/Third-Party Plaintiffs 11 90 Broad Street 12 New York, New York 10004 13 BY: ANCILLA DIAS-PINTO, ESQ. (Via Conference) 14 15 LEWIS, JOHS, AVALLONE & AVILES, L.L.P. 16 Attorneys for Third-Party Defendants 17 61 Broadway 18 New York, New York 10006 19 BY: ROSS RUGGIERO, ESQ. (Via Conference) 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 3 March 2, 2021 1 2 STIPULATIONS 3 IT IS HEREBY STIPULATED AND 4 AGREED by and between(among) counsel for the 5 respective parties hereto, that: 6 7 All rights provided by the 8 C.P.L.R., including the right to object to 9 any question, except as to form, or to move 10 to strike any testimony at this(these) 11 examination(s), are reserved, and, in 12 addition, the failure to object to any 13 question or to move to strike any testimony 14 at this(these) examination (s) shall not be a 15 bar or waiver to make such motion at, and is 16 reserved for the trial of this action; 17 18 IT IS FURTHER STIPULATED AND 19 AGREED by and between(among) counsel for the 20 respective parties hereto, that this (these) 21 examination(s) may be sworn to by the 22 witness(es) being examined, before a Notary 23 Public other than the 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 4 March 2, 2021 1 2 STI PULATIONS (Cont'd) 3 Notary Public before whom this (these) 4 examination(s) was (were) begun; but the 5 failure to do so, or to return the original 6 of this (these) examination(s) to counsel, 7 shall not be deemed a waiver of the rights 8 provided by Rules 3116 and 3117 of the 9 C.P.L.R., and shall be controlled thereby; 10 11 IT IS FURTHER STIPULATED AND 12 AGREED by and between(among) counsel for the 13 respective parties hereto, that this (these) 14 examination(s) may be utilized for all 15 purposes as provided by the C.P.L.R.; 16 17 IT IS FURTHER STIPULATED AND 18 AGREED by and between(among) counsel for the 19 respective parties hereto, that the filing 20 and certification of the original of 21 this(these) examination (s) shall be and the 22 same hereby are waived; 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 5 March 2, 2021 1 2 STIPULATIONS (Cont'd) 3 IT IS FURTHER STIPULATED AND 4 AGREED by and between(among) counsel for the 5 respective parties hereto, that a copy of the 6 within examination(s) shall be furnished to 7 counsel representing the witness (es) 8 testifying, without charge. 9 10 IT IS FURTHER STIPULATED AND 11 AGREED by and between(among) counsel for the 12 respective parties hereto, that all rights 13 provided by the C.P.L.R., and Part 221 of the 14 Uniform Rules for the Conduct of Depositions, 15 including the right to object to any 16 question, except as to form, or to move to 17 strike any testimony at this examination is 18 reserved; and in addition, the failure to 19 object to any question or to move to strike 20 any testimony at this examination shall not 21 be a bar or waiver to make such motion at, 22 and is reserved to, the trial of this action. 23 24 25 -oOo- 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 6 March 2, 2021 1 2 VIDEO CONFERENCE 3 IT IS HEREBY STIPULATED AND 4 AGREED by and between counsel for all 5 parties present that Pursuant to 6 C.P.L.R. Section 3113(d) this deposition is 7 to be conducted by video conference, 8 that the court reporter, all counsel, 9 and the witness are all in separate 10 remote locations and participating via 11 Video Conference meeting under the 12 control of Lexitas Court Reporting 13 Service, that the officer administering 14 the oath to the witness need not be in 15 the place of the deposition and the 16 witness shall be sworn in remotely by 17 the court reporter after confirming the 18 witness' identity, that this video 19 conference will not be recorded in any 20 manner and that any recording without 21 the express written consent of all 22 parties shall be considered 23 unauthorized, in violation of law, and 24 shall not be used for any purpose in 25 this litigation or otherwise. 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 7 March 2, 2021 1 2 VIDEO CONFERENCE (Cont'd) 3 IT IS FURTHER STIPULATED AND 4 AGREED that exhibits may be marked by the 5 attorney presenting the exhibit to the 6 witness, and that a copy of any exhibit 7 presented to a witness shall be e-mailed to 8 or otherwise in possession of all counsel 9 prior to any questioning of a witness 10 regarding the exhibit in question. All 11 parties shall bear their own costs in the 12 conduct of this deposition by video 13 conference, notwithstanding the obligation by 14 C.P.L.R. to supply a copy of the transcript 15 to the deposed party by the taking party in 16 civil litigation matters. 17 18 19 20 21 22 23 24 25 - oOo - 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 8 March 2, 2021 1 Bonilla 2 JENNIFER BONILLA, called as a 3 witness, having been duly sworn by the 4 Notary Public, was examined and 5 testified as follows: 6 7 EXAMINATION BY 8 MR. AVSHALUMOV: 9 THE REPORTER: Please state your full 10 name for the record. 11 THE WITNESS: Jennifer Bonilla. 12 THE REPORTER: What is your address? 13 THE WITNESS: My business address is 316 14 West llBth Street, 4th Floor, New York, New 15 York 10026. 16 MR. AVSHALUMOV: Good morning, 17 Ms. Bonilla. My name is Roman Avshalumov. I 18 am an attorney with Helen Dalton & 19 Associates. We represent Julie Ayala, the 20 plaintiff in this action. We are here today 21 to find out as much as possible about an 22 accident that happened on March 26, 2018 and 23 the construction project that Artimus 24 Construction was in charge of. Don't guess. 25 If you don't remember or don't know 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 9 March 2, 2021 1 Bonilla 2 something, tell us you don't know or don't 3 remember. If you can approximate, please A approximate. The court reporter is typing 5 everything down. He cannot take gestures or 6 nods of the head. You have to answer all of 7 your questions verbally. If you don't 8 understand a question or if you didn't hear a 9 question, let me know. I will repeat it or 10 rephrase it. 11 Q. Where are you working presently? 12 A. Artimus Construction. 13 Q. What is your position? 14 A. Administrative Coordinator. 15 Q. How long did you work with Artimus? 16 A. Seven years. 17 Q. How long have you been the 18 Administrative Coordinator with Artimus? 19 A. Two years. 20 Q. What were you before that? 21 A. Project Administrative Assistant. 22 Q. How many years did you do that? 23 A. Five. 24 Q. In the year of 2018, were you the 25 project Administrative Assistant? 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 10 March 2, 2021 1 Bonilla 2 A. Yes. 3 Q. When did you become the Administrative 4 Coordinator? 5 A. I don't remember the date. 6 Q. Can you approximate? Was it like early 7 2019 or was it late 2018? However you can 8 approximate. 9 A. I don't remember. 10 Q. As the Administrative Coordinator what 11 are your responsibilities currently? 12 A. I supervise the current Project 13 Administrative Assistant. 14 Q. What does that entail? 15 A. Support from the main office. Whenever 16 he is out, I cover at the job site and I assist on 17 all other projects. 18 Q. Can you tell us about your day-to-day as 19 the Administrative Coordinator? 20 A. I reply to e-mails, I update logs, and 21 attend meetings. 22 Q. Anything eJse? 23 A. I visit the job sites to scan documents. 24 Q. As far as the logs you said, what do you 25 do with the logs? DEITZ Court Reporting... A I.exitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 09/30/2022 Page 11 March 2, 2021 1 Bonilla 2 A. I just update with information. 3 Q. What types of logs is it? 4 A. Shop drawings. Work logs. 5 Q. Do you attend safety meetings? 6 A. Sorry? 7 Q. Do you attend safety meetings? 8 A. No. 9 Q. What were your responsibilities as the 10 Project Administrative Assistant? 11 A. I provide support at the site office and 12 the project manager. 13 Q. You provide support to the project 14 manager? 15 A. Yes. 16 Q. Do you know the accident that took place 17 in March 2018? 18 A. Yes. 19 Q. Did that involve Julie Ayala; correct? 20 A. Yes. 21 Q. At that time were you a Project 22 Administrative Assistant or Administrati'^e 23 Coordinator? 24 A. Project Administrative Assistant. 25 Q. Around that time, by that time I mean 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 12 March 2, 2021 1 Bonilla 2 around March 2018, can you tell me how many days a 3 week and what hours did you work? 4 A. I don't remember. 5 Q. Presently, how many days a week do you 6 work? 7 A. Monday to Friday. So, five days a week. 8 Q. What hours? 9 A. It varies. 10 Q. How many hours a week do you work? 11 A. I would say 40. 12 Q. That has been the same for the past four 13 years? In other words, you worked Monday through 14 Friday about 40 hours a week plus or minus? 15 A. Yes. 16 Q. At that time in March 2018 what project 17 were you the Administrative Assistant for? 18 A. Jamaica 1. 19 Q. Did that project have an on-site office? 20 A. Yes. 21 Q. Where was it located? 22 A. Inside the building. 23 Q. Was there like a container sort of 24 office set up outside of the building? 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 13 March 2, 2021 1 Bonilla 2 Q. Where in the building was this site 3 office? 4 A. On the first floor. 5 Q. Around that time which is March 2018, 6 can you tell us how often you would be at that 7 office? 8 A. I don't remember. 9 Q. Can you approximate for us? 10 A. Maybe two or three times a week. 11 Q. When you would be at that office two to 12 three times a week, approximately how much time 13 would you spend? Would you spend the full day 14 there or partially there and partially in the main 15 office? 16 A. All day. 17 Q. Who was the project manager for whom you 18 were an assistant? 19 A. Rotem. 20 Q. Spe11 that? 21 A. R-o-t-e-m. 22 Q. Is that a first or last name? 23 A. First name. 24 Q. What is the last name? 25 A. Shaubi. S-h-a-u-b-i. 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 14 March 2, 2021 1 Bonilla 2 Q. What about Dennis Nomile (phonetic)? 3 A. Yes. 4 Q. Who is that? 5 A. The site superintendent. 6 Q. As part of your responsibilities at the 7 project were you required to keep track of any 8 reports in terms of progress reports cleanliness 9 reports, accident reports? 10 A. I don't understand the question. 11 Q. At the project were you responsible for 12 keeping reports? 13 MS. DIAS-PINTO: What do you mean 14 keeping? 15 Q. Would you be responsible for getting 16 reports from different trades or different people 17 on the site? IB A. No. 19 Q. Did anybody provide you with any sort of 20 report at that site? 21 A. No. 22 Q. What were you responsible for? 23 A. Making sure that the architectural 24 plans, the building plans were on the job site, 25 and scanning any documents for the project 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 15 March 2, 2021 1 Bonilla 2 related. 3 Q. Such as what? 4 A. The site supervisor daily reports. Site 5 safety manager daily reports. Safety talks. 6 Q. What about accident reports? 7 A. Yes. 8 MR. AVSHALUMOV: Let's talk about the 9 site safety daily reports. 10 Q. Who would give you those reports at that 11 site? 12 A. The site safety manager. 13 Q. What is his name? 14 A. At the time. Beau Snell (phonetic). 15 SWELL. 16 Q. The site safety daily reports, what 17 information do they contain? 18 A. I guess daily walkthroughs. 19 Q. What was the extent of your 20 responsibility with respect to those reports? Did 21 you have to read them or did you have to scan them 22 and save them or e-mail them to somebody? 23 A. Just save and scan them. 24 Q. Were there times when Mr. Snell did not 25 provide you with the daily reports? 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 16 March 2, 2021 1 Bonilla 2 A. I don't remember. 3 Q. If that situation happened, would you 4 have to remind Mr. Snell to provide you with the 5 daily report? 6 A. Yes. 7 Q. Where would you save those reports? 8 A. To our company server. 9 Q. Do you still have access to those 10 reports? 11 A. No. 12 Q. Who has access to those reports? 13 A. I don't know. 14 Q. Did something happen to the company 15 server? 16 A. No. 17 Q. Are these documents still saved on the 18 company server? 19 A. I don't know. Maybe. 20 Q. Do you know for how long these site 21 safety daily reports are kept by the company? 22 A. I don't know. 23 Q. When you received those site safety 24 daily reports, did you go through them? 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. 127 RECEIVED NYSCEF: 09/30/2022 Page 17 March 2, 2021 1