Preview
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
"B"
EXHIBIT
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF NASSAU
4 -------------------------------------X
5 DOREEN GILMORE,
6 Plaintiff,
7 vs. No. 609905/2018
8 COUNTY OF NASSAU and TOWN OF OYSTER
9 BAY,
10 Defendants.
11 -------------------------------------X
12
13 DEPOSITION OF ANTHONY ESPOSITO
14 Tuesday, March 29, 2022
15 veritext Zoom
16
17
Certified Copy
19
20
21
22
23 REPORTED BY: Gail M. Mascaro
24
25
_ _
VeritextLegalSolutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page2 Page 4
1 1
2 March 29, 2022 2 A P P E A R A N C E S: (Cont.'d)
3 10:30 a.m. 3
4 4 THOMAS A. ADAMS
5 Deposition of ANTHONY 5 County ofNassau Attorney for
6 ESPOSITO, pursuant to order, 6 Defendant County of Nassau
7 before Gail M. Mascaro, aNotary 7 1 West Street
8 Public ofthe State ofNew York. 8 Mineola, New York 11501
9 9 BY: KERRI HOFFMAN, ESQ.
10 10 (Veritext Zoom)
11 11
12 12
13 13
14 14 ALSO PRESENT:
15 15 ANTHONY ESPOSITO, Veritext Zoom
16 16 GAIL M. MASCARO, Court Reporter,
17 17 Veritext Zoom
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Page 3 Page 5
2 IT ISHEREBY
STIPULATED
AND
^°ª"E° n""d °,7°,°"
,'''°n"°"
A P P E A R A N C E S: 3 ghYc *e°i
incompliance
withRule221ofthe
23 4 UniformRulesfortheTrialCourts:
,3,p,o"
T*;j[ª!'"f°°°s"°
4 GREY & GREY, LLC 3
"" dsions
5 Attorneys for Plaintiff s a ta p sii
benotedbyse oHicebefmewhom
6 360 Main Street 7 thedeposition
istakenandtheanswer
7 New York 11735 shanbegivenandse deposition
Farmingdale, B shallproceed
subject
tothe
8 BY: EVELYN ESQ. objections
andmse rightd a
GROSS, 9 person
toapplyforappropriate
relief
9 (Veritext Pu=="tto^"i°¹"³t
dee cZR.
Zoom) 10 THATeveryobjection
raised
shallbestated
duringadeposition
11 succinctly
andframed
soasnotto
11 FRANK M. SCALERA, ESQ. suesatanan=reSedeP==t=4
12 attherequest
ofthequestioning
12 for Defendant Town Of shallinclude
attomey, aclear
Attorney 13 statement
astoanydefectinformor
13 Oyster Bay o*«J=isof-r«i=suiariy
14 Except
totheextentpermitted
byCPLR
14 54 Avenue Rule3115or bythisRule,duringthe
Audrey 15 course
oftheexamination
persons
in
15 Oyster Bay, New York 11771-1593 attedance
shallnotmalmsmtemmt
or
16 comments
thatinterfere
withthe
16 BY: PAUL S. EHRLICH, ESQ. 9-stioning.
. 17 THATadeponent
shallanswer
17 (Veritext Zoom) atadeposition,
aliquestions except
18 (i) topreserve
aprivilege
orright
8 of confidentiality,
(ii) toenforce
a
19 limitationsetforthinanorderofa
19 coun,or (iii) whense question
is
20 plainlyimproper
andwould,if
20 answered,cause
significant
prejudice
21 to anyperson.An attomey
shallnot
21 directadeponent
nottoanswer
except
22 asprovided
inCPLRRule3115orthis
22 subdivision.
Anyrefusairoansweror
23 direction
nottoanswer
shallbe
23 accompanied
byasuccinct
ad clear
24 statement
ofthebasistherefore.
If
24 thedeponent
doesnotanswer
a
25 question,
theexamining
partyshall
havetherighttocomplete
the
__ ___
2 (Pages 2 -
5)
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212-267-6868 www.veritext.com 516-608-2400
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page 6 Page8
2 remainder
ofthedeposition. 1 Esposito
ra^Ä-anomey aan not 2 as The Town of Oyster Bay.
3 interrupt
thedeposition
forthe
purpose
of communicating
withte 3 I'm going to ask you some
4 alm
deponent an ns:-
4 questions regarding any information
s pu>poseof
da=niningwhen-me 5 you may have regarding the location of
question
should
notbeanswered
onthe
6 grounds 211.2of
setforthin Section 6 the accident and the accident occurred
7 e n orthe i ionshallbe 7 On June 22nd 2017.
standf- se mmrdaminedyad
8 Ifyou do not understand any
ru^Tfail-toobj=tto=y 9 of the questions that I ask you here
n au 10 today just ask me to rephrase itand
a o n fm, 11 I'llgladly do so. Ifyou answer the
11 trialofthisaction,andis hereby
and 12 question I will assume that you
reserved
2 be
ru^rais-aminaion-r 13 understood what I was asking.
n"ú r e 14 The court report's obviously
14 th o f eex ation 15 already gone over some ofthe basic
onwhose
totheattorney behalfthe 16 ruleS Which is just to your
keep voice
15examination
istakenshallnotbe
deemed
awaiveroftherightsprovided 17 up, n0 nods of the head or um-um,
'66,,ª!³31,'/ª"d
31,17s°'*°ªf 18 uh-huh because she can't understand
17 rHAT certification
andfiling
oftheoriginalofthisexamination 19 those gestures either, so yes or no
18arewaived:=d 20 answers. Ifyou don't know the answer
19 shallpde s f he to si 21 to a question I ask thatyou not
Py°f'hi"
20 |""""x-n 22 guess, saying I don't know or Idon't
21 23 is
remember perfectly acceptable.
23 -ooo. 24 And as I'm sure you already
25 know, if you need to take a break at
Page 7 Page 9
1 Esposito 1 Esposito
2 MR. EHRLICH: On behalf of 2 any point in time to speak with your
3 the Town of Oyster Bay we wish to 3 attorney orfor any reason you're free
4 purchase a copy of today's 4 to do so, Ijust ask that ifthere's a
5 transcript. 5 question pending you answer that
6 A N T H O N Y E S P O S I T O, 6 question first.
7 called as a witness, having been 7 Do you have any questions for
8 duly sworn by a Notary Public, 8 me before we begin?
9 was examined and testified as 9 A. No.
10 follows: 10 Q. You gave a work address of
11 EXAMINATION BY 11 1194 Prospect Avenue, Westbury, New
12 MS. GROSS: 12 York, what islocated atthat address?
13 Q. Please stateyour fullname 13 A. That's the Nassau County
14 for the record. 14 Department of Public Works.
15 A. Anthony Esposito. 15 Q. Are you currently employed
16 Q. What isyour business 16 with the Nassau County Department of
17 address? 17 Public Works?
18 A. 1194 Prospect Avenue, 18 A. I am, yes.
19 Westbury, New York 11590. 19 Q. How long have you been
20 Q. Good morning, Mr. Esposito. 20 employed with them?
21 My name isEvelyn Gross, I'm with the 21 A. About 15 years.
22 law firm of Grey & Grey and I'm an 22 Q. What isyour current job
23 attorney for the plaintiffDoreen 23 titlewith the DPW?
24 Gilmore in an action she's bringing 24 A. My titleis landscape
25 against the County of Nassau as well 25 architectII.
3 (Pages 6 -
9)
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212-267-6868 www.veritext.com 516-608-2400
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page 10 Page 12
1 Esposito 1 Esposito
2 Q. Briefly describe tome your 2 county road.
3 job duties as a landscape architect II 3 Q. Do you know ifthe county
4 for the DPW? 4 owns any properties located on Oak
5 A. Relative to what we're doing 5 Street inFarmingdale?
6 today, I liaison with the county 6 A. Was there a question?
7 attorney's office for these tripand 7 Q. Yes, I'm sorry. Do you know
8 fallcases. 8 ifthe county owns any properties on
9 Q. When you say you liaisonwith 9 Oak Street in Farmingdale?
10 the county attorney for tripand fall 10 A. No, that storm basin adjacent
11 cases, what isitexactly that you do 11 to 76 West Oak Street isour county
12 in that respect? 12 storm basin.
13 A. Typically I search for 13 Q. Do you know the actual
14 jurisdiction of the roadway and see if 14 address for that storm basin, isthere
15 there's any prior work orders for the 15 a particularaddress?
16 subject location. 16 A. Not that I'm aware of.
17 Q. Do you do any fieldwork as 17 Q. And that storm basin thatyou
18 well for the DPW? 18 said isadjacent to 76 West Oak
19 A. I alsodo landscape designs 19 Street,isit actually located at
20 and sometimes inspect sidewalks. 20 leastpart on West Oak Street?
21 Q. And were you asked to conduct 21 A. Yes.
22 a search with regard to the accident 22 Q. And isitthe job of the
23 we're here about today of June 22nd 23 Nassau County Department of Public
24 2017? 24 Works to maintain that storm basin?
25 A. Yes. 25 A. The interior,yes.
Page 11 Page 13
1 Esposito 1 Esposito
2 Q. What documents did you 2 Q. What about the exterior of
3 search? 3 the property, isthat the
4 A. I just looked up our road 4 responsibility of Nassau County?
5 jurisdiction map and Ialso looked up 5 MS. HOFFMAN: Objection to
6 in our work order computer system. 6 form.
7 Q. What were your search 7 You can answer.
8 criteriawith regard to thissearch? 8 A. I don'tknow for sure.
9 A. I used the subject location. 9 Q. Do you know who would know
10 Q. And what was the subject 10 there? Isthere somebody at the
11 location? 11 county who would know ifthey're
12 A. I think it's76 West Oak 12 responsible for maintaining the
13 Street inFarmingdale. 13 exteriorof thatproperty?
14 Q. And as part of your job 14 A. I'm not really sure what
15 duties with the DPW, have you ever 15 department handles the general
16 been involved ininspecting Nassau 16 maintaining of the storm basins.
17 County sump properties? 17 Q. You said you also searched I
18 A. Only in storm situations 18 guess the work order database for DPW?
19 after a storm where they need 19 MS. HOFFMAN: You cut out
20 emergency assistance. 20 justbefore, Evelyn.
21 Q. When you searched the road 21 MS. GROSS: I'm sorry. Yes,
22 jurisdiction map, what were the 22 sometimes that happens here, I
23 results of your search for this 23 don't know why.
24 particular location? 24 Q. You said thatyou also
25 A. That Oak Street was not a 25 searched the work order database for
4 (Pages 10 -
13)
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page 14 Page 16
1 Esposito 1 Esposito
2 thisparticular location? 2 A. I think thats the
3 A. I did, yes. 3 responsibility of the county, yes.
4 Q. And do you know how long the 4 Q. Do you know what that
5 county isrequired to keep work orders 5 maintenance entails?
6 in itsdatabase? 6 A. Usually its like mowing the
7 A. I don't know how long 7 grass ifthere's a grass stripinside
8 specifically, but I'veseen records 8 there or maybe taking out dead trees
9 back to 2011 in thiscomputer system. 9 or branches inside there.
10 Q. What were the resultsof your 10 Q. Do you know ifthe Department
11 search when you searched for work 11 of Public Works does routine
12 orders for this particular property? 12 inspections of itssump properties?
13 A. The firstpart of your 13 A. I don't know that.
14 question was leftout, bleeped out. 14 Q. Did you happen to search for
15 Q. And what were the results of 15 any maintenance or inspection records
16 your search for the work orders for 16 of the sump property during your
17 this location? 17 search?
18 A. Well, I saw nothing in our 18 A. I didn'tsearch the sump
19 computer system for any work inthis 19 itself.
20 particular area. 20 Q. Ifthere were inspections or
21 Q. Besides searching for76 West 21 maintenance records for the sump
22 Oak Street, did you happen to search 22 property would
itself, that be
23 for any particular records with 23 something that theDepartment of
24 concerns to that storm basin? 24 Public Works would maintain?
25 A. No, I searched Oak Streetin 25 A. I'm not sure what records
Page 15 Page 17
1 Esposito 1 Esposito
2 general to see ifanything showed up. 2 thatwould be.
3 Q. For this storm basin that 3 Q. Is thereany other department
4 we're talking about thats adjacent to 4 besides the Department of Public Works
5 76 West Oak Street,does italso abut 5 thatwould have those records, ifyou
6 another roadway? 6 know?
7 A. I believe itdoes, but I 7 A. No, I believe any kind of
8 don't know what itis. 8 maintenance in a storm basin would be
9 Q. IfI said Anthony Drive, does 9 under public works.
10 that sound familiar? 10 Q. I'm going toshare with you a
11 A. No, I didn'tpay attention to 11 document, give me one second. Can you
12 that. 12 see whats on the screen,
13 Q. So its safe to say then you 13 Mr. Esposito?
14 didn't search for any work orders on 14 MS. HOFFMAN: Can you make it
15 that other roadway thatthe sump 15 bigger.
16 abuts, correct? 16 Q. Do you see whats on the
17 A. Anthony Drive? 17 screen, Mr. Esposito?
18 Q. Yes. 18 A. Yes.
19 MS. HOFFMAN: Objection to 19 MS. GROSS: You can mark this
20 form. 20 as Plaintiffs Exhibit 1 from
21 A. No. 21 today's deposition and itsthe
22 Q. Now, you said earlierthat 22 county's response to plaintiffs
23 you know that the DPW does maintain 23 notice for D&I and I think its
24 the interior of the sump property; is 24 dated November 5th 2019. No, Um
25 that correct? 25 sorry, its dated February 28th
5 (Pages 14 -
17)
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page 18 Page 20
1 Esposito 1 Esposito
2 2020. 2 are documents concerning sidewalk
3 MR. EHRLICH: I believe that 3 issues that are not placed in the work
4 firstone is referringto the 4 order database?
5 date of your notice. 5 A. That I don't know for sure.
6 MS. GROSS: Yes, sorry. 6 Q. Going to page five ofthis
7 (Plaintiffs Exhibit 1, 7 document, do you recognize what's
8 nineteen-page photocopy of 8 depicted on page five of this
9 response to plaintiffs notice 9 document?
10 for D&I, marked for 10 A. Thats a work order, yes.
11 identification, as of thisdate.) 11 Q. In particular isthis a work
12 Q. I'm just going to scroll 12 order for repairs to be made at sump
13 through this document, Mr. Esposito, 13 number seven in Farmingdale or 76 West
14 and ask you some questions, its a 19 14 Oak Street?
15 page document. Do you see whats 15 A. Yes. Thats what itappears
16 depicted on page four of this 16 to be, yes.
17 document? 17 Q. And did this document come up
18 A. A letterfrom the Town of 18 on your search?
19 Oyster Bay highway department. 19 A. I don'tremember seeing this
20 Q. Its addressed to a Kenneth 20 document, no.
21 Arnold. Do you know who Kenneth 21 Q. Can you tell ifwork was ever
22 Arnold is? 22 performed pursuant to thiswork order?
23 A. He's the commissioner of 23 A. I don'tknow. Can you scroll
24 public works. 24 through the restof the document maybe
25 Q. And the date of this document 25 I can see it.
Page 19 Page 21
1 Esposito 1 Esposito
2 isJanuary 16th 2018, correct? 2 Q. Absolutely. Is therea
3 A. Yes. 3 second page?
4 Q. And in conducting your 4 A. I don'tknow.
5 search, did you come across this 5 Q. Would there normally be an
6 letterat all? 6 indication on this form ifwork had
7 A. No, I did not. 7 been performed pursuant to thiswork
8 Q. This letterdoes, in fact, 8 order?
9 refer to sidewalk conditions in front 9 A. I'm trying to see. There's
10 of the county sump number seven 10 no further pages?
11 property, correct? 11 Q. No.
12 A. I can'treally see the words 12 A. Can you scroll back to the
13 on the document. 13 firstpage. I don'tsee any evidence
14 MS. HOFFMAN: Its hard to 14 written on the document that says it
15 see. Yes, we can't see it. 15 was performed.
16 Q. Do you see it? 16 Q. Is therenormally an area on
17 A. Yes, I see thatnow. 17 thisdocument that would indicate if
18 Q. Do you know why thisdocument 18 the work was performed?
19 didn't come up inyour search for the 19 A. Typically ifan employee is
20 property at 76 West Oak Street? 20 assigned a work order and they do the
21 A. This system thatI had access 21 work they close the work order or at
22 to isa work order system, so if 22 leastput completed on their phase of
23 someone didn't input itinto the 23 the work order. But, I can'tsee
24 system then itwouldn't be there. 24 whats being written because like the
25 Q. Were there times when there 25 phase number 001 on thathalf thing
6 (Pages 18 -
21)
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022
Page22 Page 24
1 Esposito 1 Esposito
2 there, it'sblurred out for us. 2 MS. GROSS: I think it's
3 Q. I see what you're saying. 3 February 1st2018, ifI'm not
4 A. What does thatsay? Can you 4 mistaken. February 1st,I think
5 see that? 5 that says 2018. I can't see if
6 Q. Itdoes appear to --it's 6 it 2018 or hold on. I
say say 2016,
7 very faint,but I think itsays status 7 think it's2018.
8 closed underneath it,001. 8 MS. HOFFMAN: So this is
9 A. Closed, okay. Typically in 9 after the accident?
10 my experience that means they had done 10 MS. GROSS: I believe so.
11 something, but I don't know, Iwasn't 11 They allare itseems like.
12 involved with this. 12 BY MS. GROSS:
13 Q. Ifthey had done something, 13 Q. I'm just going todocument
14 would there be another document that 14 number seven. Isthis another work
15 would indicate what was actually done? 15 order for the subject location at 76
16 A. That I don't know. 16 West Oak Street and sump seven?
17 Q. Isthere somebody thatwould 17 A. Can we zoom a littlebit
18 know at the county? 18 closer to it.
19 A. I don'tknow. Itwas 19 Q. Sure. Is thatbetter?
20 assigned to a certain garage, but I 20 A. Yeah. Itseems to be.
21 don't know really who. 21 Q. Do you see here itsays "see
2018,"
22 Q. Can you tell
what garage that 22 attached doc completed 8/3 and
23 isthat itwas assigned to? 23 then there's initialsDS?
24 A. Itjust says road 24 A. I see it.
25 maintenance, it'sa department. It 25 Q. Do you know who the initials
Page23 Page 25
1 Esposito 1 Esposito
Preview
FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 "B" EXHIBIT FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NASSAU 4 -------------------------------------X 5 DOREEN GILMORE, 6 Plaintiff, 7 vs. No. 609905/2018 8 COUNTY OF NASSAU and TOWN OF OYSTER 9 BAY, 10 Defendants. 11 -------------------------------------X 12 13 DEPOSITION OF ANTHONY ESPOSITO 14 Tuesday, March 29, 2022 15 veritext Zoom 16 17 Certified Copy 19 20 21 22 23 REPORTED BY: Gail M. Mascaro 24 25 _ _ VeritextLegalSolutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page2 Page 4 1 1 2 March 29, 2022 2 A P P E A R A N C E S: (Cont.'d) 3 10:30 a.m. 3 4 4 THOMAS A. ADAMS 5 Deposition of ANTHONY 5 County ofNassau Attorney for 6 ESPOSITO, pursuant to order, 6 Defendant County of Nassau 7 before Gail M. Mascaro, aNotary 7 1 West Street 8 Public ofthe State ofNew York. 8 Mineola, New York 11501 9 9 BY: KERRI HOFFMAN, ESQ. 10 10 (Veritext Zoom) 11 11 12 12 13 13 14 14 ALSO PRESENT: 15 15 ANTHONY ESPOSITO, Veritext Zoom 16 16 GAIL M. MASCARO, Court Reporter, 17 17 Veritext Zoom 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 3 Page 5 2 IT ISHEREBY STIPULATED AND ^°ª"E° n""d °,7°,°" ,'''°n"°" A P P E A R A N C E S: 3 ghYc *e°i incompliance withRule221ofthe 23 4 UniformRulesfortheTrialCourts: ,3,p,o" T*;j[ª!'"f°°°s"° 4 GREY & GREY, LLC 3 "" dsions 5 Attorneys for Plaintiff s a ta p sii benotedbyse oHicebefmewhom 6 360 Main Street 7 thedeposition istakenandtheanswer 7 New York 11735 shanbegivenandse deposition Farmingdale, B shallproceed subject tothe 8 BY: EVELYN ESQ. objections andmse rightd a GROSS, 9 person toapplyforappropriate relief 9 (Veritext Pu=="tto^"i°¹"³t dee cZR. Zoom) 10 THATeveryobjection raised shallbestated duringadeposition 11 succinctly andframed soasnotto 11 FRANK M. SCALERA, ESQ. suesatanan=reSedeP==t=4 12 attherequest ofthequestioning 12 for Defendant Town Of shallinclude attomey, aclear Attorney 13 statement astoanydefectinformor 13 Oyster Bay o*«J=isof-r«i=suiariy 14 Except totheextentpermitted byCPLR 14 54 Avenue Rule3115or bythisRule,duringthe Audrey 15 course oftheexamination persons in 15 Oyster Bay, New York 11771-1593 attedance shallnotmalmsmtemmt or 16 comments thatinterfere withthe 16 BY: PAUL S. EHRLICH, ESQ. 9-stioning. . 17 THATadeponent shallanswer 17 (Veritext Zoom) atadeposition, aliquestions except 18 (i) topreserve aprivilege orright 8 of confidentiality, (ii) toenforce a 19 limitationsetforthinanorderofa 19 coun,or (iii) whense question is 20 plainlyimproper andwould,if 20 answered,cause significant prejudice 21 to anyperson.An attomey shallnot 21 directadeponent nottoanswer except 22 asprovided inCPLRRule3115orthis 22 subdivision. Anyrefusairoansweror 23 direction nottoanswer shallbe 23 accompanied byasuccinct ad clear 24 statement ofthebasistherefore. If 24 thedeponent doesnotanswer a 25 question, theexamining partyshall havetherighttocomplete the __ ___ 2 (Pages 2 - 5) Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page 6 Page8 2 remainder ofthedeposition. 1 Esposito ra^Ä-anomey aan not 2 as The Town of Oyster Bay. 3 interrupt thedeposition forthe purpose of communicating withte 3 I'm going to ask you some 4 alm deponent an ns:- 4 questions regarding any information s pu>poseof da=niningwhen-me 5 you may have regarding the location of question should notbeanswered onthe 6 grounds 211.2of setforthin Section 6 the accident and the accident occurred 7 e n orthe i ionshallbe 7 On June 22nd 2017. standf- se mmrdaminedyad 8 Ifyou do not understand any ru^Tfail-toobj=tto=y 9 of the questions that I ask you here n au 10 today just ask me to rephrase itand a o n fm, 11 I'llgladly do so. Ifyou answer the 11 trialofthisaction,andis hereby and 12 question I will assume that you reserved 2 be ru^rais-aminaion-r 13 understood what I was asking. n"ú r e 14 The court report's obviously 14 th o f eex ation 15 already gone over some ofthe basic onwhose totheattorney behalfthe 16 ruleS Which is just to your keep voice 15examination istakenshallnotbe deemed awaiveroftherightsprovided 17 up, n0 nods of the head or um-um, '66,,ª!³31,'/ª"d 31,17s°'*°ªf 18 uh-huh because she can't understand 17 rHAT certification andfiling oftheoriginalofthisexamination 19 those gestures either, so yes or no 18arewaived:=d 20 answers. Ifyou don't know the answer 19 shallpde s f he to si 21 to a question I ask thatyou not Py°f'hi" 20 |""""x-n 22 guess, saying I don't know or Idon't 21 23 is remember perfectly acceptable. 23 -ooo. 24 And as I'm sure you already 25 know, if you need to take a break at Page 7 Page 9 1 Esposito 1 Esposito 2 MR. EHRLICH: On behalf of 2 any point in time to speak with your 3 the Town of Oyster Bay we wish to 3 attorney orfor any reason you're free 4 purchase a copy of today's 4 to do so, Ijust ask that ifthere's a 5 transcript. 5 question pending you answer that 6 A N T H O N Y E S P O S I T O, 6 question first. 7 called as a witness, having been 7 Do you have any questions for 8 duly sworn by a Notary Public, 8 me before we begin? 9 was examined and testified as 9 A. No. 10 follows: 10 Q. You gave a work address of 11 EXAMINATION BY 11 1194 Prospect Avenue, Westbury, New 12 MS. GROSS: 12 York, what islocated atthat address? 13 Q. Please stateyour fullname 13 A. That's the Nassau County 14 for the record. 14 Department of Public Works. 15 A. Anthony Esposito. 15 Q. Are you currently employed 16 Q. What isyour business 16 with the Nassau County Department of 17 address? 17 Public Works? 18 A. 1194 Prospect Avenue, 18 A. I am, yes. 19 Westbury, New York 11590. 19 Q. How long have you been 20 Q. Good morning, Mr. Esposito. 20 employed with them? 21 My name isEvelyn Gross, I'm with the 21 A. About 15 years. 22 law firm of Grey & Grey and I'm an 22 Q. What isyour current job 23 attorney for the plaintiffDoreen 23 titlewith the DPW? 24 Gilmore in an action she's bringing 24 A. My titleis landscape 25 against the County of Nassau as well 25 architectII. 3 (Pages 6 - 9) Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page 10 Page 12 1 Esposito 1 Esposito 2 Q. Briefly describe tome your 2 county road. 3 job duties as a landscape architect II 3 Q. Do you know ifthe county 4 for the DPW? 4 owns any properties located on Oak 5 A. Relative to what we're doing 5 Street inFarmingdale? 6 today, I liaison with the county 6 A. Was there a question? 7 attorney's office for these tripand 7 Q. Yes, I'm sorry. Do you know 8 fallcases. 8 ifthe county owns any properties on 9 Q. When you say you liaisonwith 9 Oak Street in Farmingdale? 10 the county attorney for tripand fall 10 A. No, that storm basin adjacent 11 cases, what isitexactly that you do 11 to 76 West Oak Street isour county 12 in that respect? 12 storm basin. 13 A. Typically I search for 13 Q. Do you know the actual 14 jurisdiction of the roadway and see if 14 address for that storm basin, isthere 15 there's any prior work orders for the 15 a particularaddress? 16 subject location. 16 A. Not that I'm aware of. 17 Q. Do you do any fieldwork as 17 Q. And that storm basin thatyou 18 well for the DPW? 18 said isadjacent to 76 West Oak 19 A. I alsodo landscape designs 19 Street,isit actually located at 20 and sometimes inspect sidewalks. 20 leastpart on West Oak Street? 21 Q. And were you asked to conduct 21 A. Yes. 22 a search with regard to the accident 22 Q. And isitthe job of the 23 we're here about today of June 22nd 23 Nassau County Department of Public 24 2017? 24 Works to maintain that storm basin? 25 A. Yes. 25 A. The interior,yes. Page 11 Page 13 1 Esposito 1 Esposito 2 Q. What documents did you 2 Q. What about the exterior of 3 search? 3 the property, isthat the 4 A. I just looked up our road 4 responsibility of Nassau County? 5 jurisdiction map and Ialso looked up 5 MS. HOFFMAN: Objection to 6 in our work order computer system. 6 form. 7 Q. What were your search 7 You can answer. 8 criteriawith regard to thissearch? 8 A. I don'tknow for sure. 9 A. I used the subject location. 9 Q. Do you know who would know 10 Q. And what was the subject 10 there? Isthere somebody at the 11 location? 11 county who would know ifthey're 12 A. I think it's76 West Oak 12 responsible for maintaining the 13 Street inFarmingdale. 13 exteriorof thatproperty? 14 Q. And as part of your job 14 A. I'm not really sure what 15 duties with the DPW, have you ever 15 department handles the general 16 been involved ininspecting Nassau 16 maintaining of the storm basins. 17 County sump properties? 17 Q. You said you also searched I 18 A. Only in storm situations 18 guess the work order database for DPW? 19 after a storm where they need 19 MS. HOFFMAN: You cut out 20 emergency assistance. 20 justbefore, Evelyn. 21 Q. When you searched the road 21 MS. GROSS: I'm sorry. Yes, 22 jurisdiction map, what were the 22 sometimes that happens here, I 23 results of your search for this 23 don't know why. 24 particular location? 24 Q. You said thatyou also 25 A. That Oak Street was not a 25 searched the work order database for 4 (Pages 10 - 13) Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page 14 Page 16 1 Esposito 1 Esposito 2 thisparticular location? 2 A. I think thats the 3 A. I did, yes. 3 responsibility of the county, yes. 4 Q. And do you know how long the 4 Q. Do you know what that 5 county isrequired to keep work orders 5 maintenance entails? 6 in itsdatabase? 6 A. Usually its like mowing the 7 A. I don't know how long 7 grass ifthere's a grass stripinside 8 specifically, but I'veseen records 8 there or maybe taking out dead trees 9 back to 2011 in thiscomputer system. 9 or branches inside there. 10 Q. What were the resultsof your 10 Q. Do you know ifthe Department 11 search when you searched for work 11 of Public Works does routine 12 orders for this particular property? 12 inspections of itssump properties? 13 A. The firstpart of your 13 A. I don't know that. 14 question was leftout, bleeped out. 14 Q. Did you happen to search for 15 Q. And what were the results of 15 any maintenance or inspection records 16 your search for the work orders for 16 of the sump property during your 17 this location? 17 search? 18 A. Well, I saw nothing in our 18 A. I didn'tsearch the sump 19 computer system for any work inthis 19 itself. 20 particular area. 20 Q. Ifthere were inspections or 21 Q. Besides searching for76 West 21 maintenance records for the sump 22 Oak Street, did you happen to search 22 property would itself, that be 23 for any particular records with 23 something that theDepartment of 24 concerns to that storm basin? 24 Public Works would maintain? 25 A. No, I searched Oak Streetin 25 A. I'm not sure what records Page 15 Page 17 1 Esposito 1 Esposito 2 general to see ifanything showed up. 2 thatwould be. 3 Q. For this storm basin that 3 Q. Is thereany other department 4 we're talking about thats adjacent to 4 besides the Department of Public Works 5 76 West Oak Street,does italso abut 5 thatwould have those records, ifyou 6 another roadway? 6 know? 7 A. I believe itdoes, but I 7 A. No, I believe any kind of 8 don't know what itis. 8 maintenance in a storm basin would be 9 Q. IfI said Anthony Drive, does 9 under public works. 10 that sound familiar? 10 Q. I'm going toshare with you a 11 A. No, I didn'tpay attention to 11 document, give me one second. Can you 12 that. 12 see whats on the screen, 13 Q. So its safe to say then you 13 Mr. Esposito? 14 didn't search for any work orders on 14 MS. HOFFMAN: Can you make it 15 that other roadway thatthe sump 15 bigger. 16 abuts, correct? 16 Q. Do you see whats on the 17 A. Anthony Drive? 17 screen, Mr. Esposito? 18 Q. Yes. 18 A. Yes. 19 MS. HOFFMAN: Objection to 19 MS. GROSS: You can mark this 20 form. 20 as Plaintiffs Exhibit 1 from 21 A. No. 21 today's deposition and itsthe 22 Q. Now, you said earlierthat 22 county's response to plaintiffs 23 you know that the DPW does maintain 23 notice for D&I and I think its 24 the interior of the sump property; is 24 dated November 5th 2019. No, Um 25 that correct? 25 sorry, its dated February 28th 5 (Pages 14 - 17) Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page 18 Page 20 1 Esposito 1 Esposito 2 2020. 2 are documents concerning sidewalk 3 MR. EHRLICH: I believe that 3 issues that are not placed in the work 4 firstone is referringto the 4 order database? 5 date of your notice. 5 A. That I don't know for sure. 6 MS. GROSS: Yes, sorry. 6 Q. Going to page five ofthis 7 (Plaintiffs Exhibit 1, 7 document, do you recognize what's 8 nineteen-page photocopy of 8 depicted on page five of this 9 response to plaintiffs notice 9 document? 10 for D&I, marked for 10 A. Thats a work order, yes. 11 identification, as of thisdate.) 11 Q. In particular isthis a work 12 Q. I'm just going to scroll 12 order for repairs to be made at sump 13 through this document, Mr. Esposito, 13 number seven in Farmingdale or 76 West 14 and ask you some questions, its a 19 14 Oak Street? 15 page document. Do you see whats 15 A. Yes. Thats what itappears 16 depicted on page four of this 16 to be, yes. 17 document? 17 Q. And did this document come up 18 A. A letterfrom the Town of 18 on your search? 19 Oyster Bay highway department. 19 A. I don'tremember seeing this 20 Q. Its addressed to a Kenneth 20 document, no. 21 Arnold. Do you know who Kenneth 21 Q. Can you tell ifwork was ever 22 Arnold is? 22 performed pursuant to thiswork order? 23 A. He's the commissioner of 23 A. I don'tknow. Can you scroll 24 public works. 24 through the restof the document maybe 25 Q. And the date of this document 25 I can see it. Page 19 Page 21 1 Esposito 1 Esposito 2 isJanuary 16th 2018, correct? 2 Q. Absolutely. Is therea 3 A. Yes. 3 second page? 4 Q. And in conducting your 4 A. I don'tknow. 5 search, did you come across this 5 Q. Would there normally be an 6 letterat all? 6 indication on this form ifwork had 7 A. No, I did not. 7 been performed pursuant to thiswork 8 Q. This letterdoes, in fact, 8 order? 9 refer to sidewalk conditions in front 9 A. I'm trying to see. There's 10 of the county sump number seven 10 no further pages? 11 property, correct? 11 Q. No. 12 A. I can'treally see the words 12 A. Can you scroll back to the 13 on the document. 13 firstpage. I don'tsee any evidence 14 MS. HOFFMAN: Its hard to 14 written on the document that says it 15 see. Yes, we can't see it. 15 was performed. 16 Q. Do you see it? 16 Q. Is therenormally an area on 17 A. Yes, I see thatnow. 17 thisdocument that would indicate if 18 Q. Do you know why thisdocument 18 the work was performed? 19 didn't come up inyour search for the 19 A. Typically ifan employee is 20 property at 76 West Oak Street? 20 assigned a work order and they do the 21 A. This system thatI had access 21 work they close the work order or at 22 to isa work order system, so if 22 leastput completed on their phase of 23 someone didn't input itinto the 23 the work order. But, I can'tsee 24 system then itwouldn't be there. 24 whats being written because like the 25 Q. Were there times when there 25 phase number 001 on thathalf thing 6 (Pages 18 - 21) Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NASSAU COUNTY CLERK 05/12/2022 03:24 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 05/12/2022 Page22 Page 24 1 Esposito 1 Esposito 2 there, it'sblurred out for us. 2 MS. GROSS: I think it's 3 Q. I see what you're saying. 3 February 1st2018, ifI'm not 4 A. What does thatsay? Can you 4 mistaken. February 1st,I think 5 see that? 5 that says 2018. I can't see if 6 Q. Itdoes appear to --it's 6 it 2018 or hold on. I say say 2016, 7 very faint,but I think itsays status 7 think it's2018. 8 closed underneath it,001. 8 MS. HOFFMAN: So this is 9 A. Closed, okay. Typically in 9 after the accident? 10 my experience that means they had done 10 MS. GROSS: I believe so. 11 something, but I don't know, Iwasn't 11 They allare itseems like. 12 involved with this. 12 BY MS. GROSS: 13 Q. Ifthey had done something, 13 Q. I'm just going todocument 14 would there be another document that 14 number seven. Isthis another work 15 would indicate what was actually done? 15 order for the subject location at 76 16 A. That I don't know. 16 West Oak Street and sump seven? 17 Q. Isthere somebody thatwould 17 A. Can we zoom a littlebit 18 know at the county? 18 closer to it. 19 A. I don'tknow. Itwas 19 Q. Sure. Is thatbetter? 20 assigned to a certain garage, but I 20 A. Yeah. Itseems to be. 21 don't know really who. 21 Q. Do you see here itsays "see 2018," 22 Q. Can you tell what garage that 22 attached doc completed 8/3 and 23 isthat itwas assigned to? 23 then there's initialsDS? 24 A. Itjust says road 24 A. I see it. 25 maintenance, it'sa department. It 25 Q. Do you know who the initials Page23 Page 25 1 Esposito 1 Esposito