Preview
FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------------x
THERESA ROBINSON and DEREK ROBINSON,
Plaintiffs,
Index No.
- against -
717964/2018
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, MD, PC,
DEEPAK NANDA, MD and EMMANUEL M. PAFOS, MD,
Defendants.
--------------------------------------------x
via Zoom Videoconference
March 5, 2021
11:06 a.m.
EXAMINATION BEFORE TRIAL of
EMMANUEL PAFOS, MD, taken by Plaintiff, pursuant to
Article 31 of the Civil Practice Law and Rules of
Testimony, and Order, held at the above-noted time
and place, before Donna C. Gilmore, a Stenotype
Reporter and Notary Public within and for the State
of New York.
Enright Court Reporting (631) 589-7788
FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
2
1
2 A P P E A R A N C E S:
4 THE PAGLINAWAN LAW FIRM, PC
Attorneys for Plaintiff
5 118-21 Queens Boulevard, Suite 501
Forest Hills, New York 11375
6
BY: JAMES S. PAGLINAWAN, ESQ.
8
AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP
9 Attorneys for Defendants
NORTHWELL HEALTH, INC. and LONG ISLAND
10 JEWISH MEDICAL CENTER
600 Third Avenue
11 New York, New York 10016
12 BY: YANIQUE BURKE, ESQ.
13
14 RUBIN, PATERNITI, GONZALEZ & KAUFMAN, LLP
Attorneys for Defendants
15 DEEPAK NANDA, MD, PC and DEEPAK NANDA, MD
555 Fifth Avenue, 6th Floor
16 New York, New York 10017
17 BY: STEVEN KRAUS, ESQ.
18
19 GALVANO & XANTHAKIS, PC
Attorneys for Defendant
20 EMMANUEL M. PAFOS, MD
358 St. Marks Place, Suite 202
21 Staten Island, New York 10301
22 BY: ANTHONY XANTHAKIS, ESQ.
23
24
25
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FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
3
1
2 P R O C E E D I N G S
3 THE REPORTER: The attorneys
4 participating in this deposition
5 acknowledge that I am not physically
6 present in the deposition room and that I
7 will be reporting this deposition
8 remotely.
9 They further acknowledge that, in lieu
10 of an oath administered in person, I will
11 administer the oath remotely, pursuant to
12 Executive Order Number 202.7 issued by
13 Governor Cuomo on March 19, 2020.
14 The parties and their counsel consent
15 to this arrangement and waive any
16 objections to this manner of reporting.
17 Please indicate your agreement by stating
18 your name and your agreement on the
19 record.
20 MR. XANTHAKIS: Anthony Xanthakis, I
21 agree.
22 MS. BURKE: Yanique Burke, I agree.
23 MR. PAGLINAWAN: James S. Paglinawan,
24 I agree.
25 MR. KRAUS: Steven Kraus from Rubin
- .
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
4
1
2 Paterniti, I agree.
3 THE REPORTER: Ms. Burke, will you be
4 and for a of this
ordering paying copy
5 transcript?
6 MS. BURKE: Yes.
7 THE REPORTER: Mr. will you be
Kraus,
8 and for a of this
ordering paying copy
9 transcript?
10 MR. KRAUS: Yes, I am. I need a
only
11 regular and just e-mail it to me as well,
12 please, no mini.
13 MS. BURKE: Mine as well.
14
15
16
17
18
19
20
21
22
23
24
25
Enright Court Reporting (631) 589-7788
FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
5
2 STIPULATIONS
3
4 IT IS HEREBY STIPULATED, by and between the
5 attorneys for the respective parties hereto, that:
6 All rights provided by the CPLR, and Part 221
7 of the Uniform Rules for the Conduct of Depositions,
8 including the right to object to any question, except
9 as to form, or to move to strike at this
any testimony
10 examination is reserved; and in addition, the failure
11 to object to question or to move to strike
any any
12 testimony at this examination shall not be a bar or
13 waiver to make such motion at, and is reserved to,
14 the trial of this action.
15 This deposition may be sworn to by the witness
16 examined before a Public other than the
being Notary
17 Notary Public before whom this examination was begun,
18 but the failure to do so or to return the original
19 of this deposition to counsel, shall not be deemed a
20 waiver of the rights provided by Rule 3116 of the
21 CPLR, and shall be controlled thereby. The filing
22 of the original of this deposition is waived.
23 IT IS FURTHER STIPULATED, that a of this
copy
24 examination shall be furnished to the attorney for
25 the witness being examined without charge.
Enright Court Reporting (631) 589-7788
FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
6
1
2 E M M A N U E L P A F O S, M D,
3 Defendant, having first been duly sworn by the
4 Notary Public, was examined and testified as
5 follows:
6 EXAMINATION BY
7 MR. PAGLINAWAN:
8 Q Please state your name for the record.
9 A Emmanuel Pafos, MD.
10 Q Please state your address for the record.
11 A 214 Legacy Woods Drive, Wallace, North
12 Carolina 28466.
13 Q Good morning, Dr. Pafos. Am I pronouncing
14 your last name correctly?
15 A Yes. It's Pafos.
16 Q For some reason we've been pronouncing it
17 as Pafos and --
18 MR. XANTHAKIS: Not the Greek. Not
19 the Greek. I was saying it Pafos, I'm
20 just saying.
21 Q My name is James S. Paglinawan, and I work
22 for the Paglinawan Firm, PC, which is the law firm
23 that represents Theresa Robinson and Derek Robinson
24 in this medical malpractice lawsuit in which you are
25 named as a defendant.
FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
7
1 Emmanuel Pafos, MD
2 Today I will be asking you some questions
3 related to the care and treatment that you provided
4 to Theresa Robinson at Long Island Jewish Medical
5 Center, and I will ask you questions regarding any
6 office visits as well. I'll begin by discussing
7 very basic rules with you.
8 First, this is an oral deposition, which
9 means that you need to respond to the question using
10 spoken words rather than using nonverbal gestures
11 only. As you can see, Ms. Gilmore is transcribing
12 here and she's doing that to everything that I'm
13 saying and she will be doing the same thing to your
14 statements.
15 Also, I want you to make sure that you
16 understand my question before you start to answer.
17 There are times when the question may be clear in my
18 head, but it may not be clear to you, or for some
19 reason I'm assuming that we're not having any
20 technical difficulties and I'll keep on talking and
21 talking, in the meantime you're not hearing me. So
22 if for some reason you're not able to understand my
23 question, you cannot hear me, or for some reason,
24 you know, I disappear out of the screen momentarily,
25 let me know. I can rephrase the question.
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FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
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1 Emmanuel Pafos, MD
2 Also, there will be many times when you
3 will be able to anticipate what my question is, even
4 before I'm finished. Even then, I still ask that
5 you wait until I'm finished asking the question
6 before you start to answer.
7 If you need to take a break let us know.
8 In general, it's not an issue unless there is a
9 question that's pending. That means that I have
10 asked you a question and you have not answered the
11 question yet. If you have to take a break and we
12 have a pending question, I will ask that you answer
13 the pending question and then we can take a break.
14 Are you clear with respect to the rules?
15 A Very well.
16 Q Doctor, do you keep a copy of your
17 curriculum vitae anywhere; in a computer, a paper
18 copy at home?
19 A I have one, I don't know how current it
20 home. on call last so --
is, at I've, I was night,
21 Q That's fine.
--
22 A don't have with me.
23 Q I'll put in a request to obtain a copy of
24 that and your counsel will notify you of that.
25 Okay?
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
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1 Emmanuel Pafos, MD
2 A Yeah, he actually did, and I'll get it to
3 you. I just was on call and I haven't gotten home.
4 MR. XANTHAKIS: I'll get it to you,
5 James, no problem.
6 MR. PAGLINAWAN: No problem.
7 Q Doctor, are you currently licensed to
8 practice as a physician in New York State?
9 A No.
10 Q When was the last time you were licensed
11 to practice as a physician in New York State?
12 A I believe that expired in 2019. I chose
. 13 not to renew.
14 Q When did you obtain your license to
15 practice as a physician in New York State? I know
16 you said it expired, but when did you obtain that?
17 A At the close of residency, I suppose. I
18 don't know what year it was. I have to look back.
19 I guess 2015? Yeah.
20 Q And right now are you currently licensed
21 to practice as a physician in any other states or
22 jurisdictions?
23 A Yes.
24 Q In how many?
25 A One.
........
.........................
.............
...
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
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1 Emmanuel Pafos, MD
2 Q Where is that?
3 A North Carolina.
4 Where are you employed?
Q currently
5 A I'm employed in North Carolina, in
6 Kenansville, North Carolina.
7 Q Is that a hospital, a clinic?
8 A Yeah, I work for Vidant Women's Care.
9 Q When did you begin working there?
10 A In August of 2018.
11 Q In April of 2016 who were you employed by?
12 A Deepak Nanda, MD.
13 Q And in April of 2016 what was your
14 position there?
15 A I was a physician, an
16 obstetrician-gynecologist.
17 Q In April of 2016 were you a shareholder or
18 a partner there?
19 A No.
20 Q In April of 2016 did you have hospital
any
21 privileges here in New York?
22 A Yes.
23 Q How many hospitals?
24 A Three.
25 Q And what were they?
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
11
1 Emmanuel Pafos, MD
2 A Long Island Jewish Medical Center, North
3 Shore Forest Hills Hospital.
University Hospital,
4 Q And where did you go to medical school?
5 A SUNY Downstate.
6 Q When did you graduate from there?
7 A 2011.
8 Q And after you graduated from there, did
9 you then go on to do residencies?
10 A I did.
11 Q So could you please tell us about it. 1
12 A I did residency at the North Shore LIJ
13 program, it's now called Northwell.
14 Q And how long was that residency?
15 A Four years.
16 Q When did you begin and when did you
17 finish?
18 A July of 2011 and I suppose July of 2015,
19 or thereabouts.
20 Q And that residency, was it related to any
21 specialty?
22 A Obstetrics and gynecology.
23 Q And do you have any board certifications
24 presently?
25 A Board eligible for the American Board of
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
12
1 Emmanuel Pafos, MD
2 OB/GYN.
3 Q When did you first become board eligible?
4 A I guess in June of 2015.
5 In April of 2015 -- let me withdraw that.
Q
6 In April of 2016 you didn't have any board
7 certifications, correct?
8 A Correct.
9 Q As you said, you completed your residency
10 in obstetrics and gynecology. What is obstetrics
11 and gynecology, Doctor?
12 A It's the care of women with regards to
13 their gynecological organs and functions, as well as
14 pregnancy, including delivery and postpartum care,
15 prenatal care, delivery, and postpartum care.
16 Q When you said earlier that you are board
17 eligible for obstetrics and gynecology, what does
18 that mean?
19 A It means that I passed my board exam and I
20 have to do a case presentation, where you do some
21 oral boards as well after you go into practice.
22 Q So as of this time, what do you need to do
23 to become board certified in obstetrics and
24 gynecology?
25 A Need to do the oral part.
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FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
13
1 Emmanuel Pafos, MD
2 Q Let's talk about your employment with
3 Nanda, MD, PC in April of 2016. Did your employer
4 at that time pay for your liability insurance
5 coverage?
6 A Yes.
7 Q Was that something that was included in a
8 written agreement?
9 A It was agreed to, although he never
.
10 presented me with a contract. He basically put it
11 off.
"he,"
12 Q So when you say are you talking
13 about Dr. Nanda?
14 A That's right.
15 Q So other than the insurance liability,
16 insurance coverage that Dr. Nanda was supposed to
17 pay, right, on your behalf, did you have your own
18 personal liability coverage?
19 A He was responsible for it.
20 MR. KRAUS: Form of -- objection to
21 the form of the question. Move to strike.
22 Q At some point did you ever find out that
23 there was an issue with your liability insurance
24 coverage in 2016?
25 A Yes.
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
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1 Emmanuel Pafos, MD
2 Q When was the first time you found out?
3 A After I left.
4 Q And how did you find out?
5 A From the insurance broker.
6 Q And which insurance broker was that?
remember -- her
7 A I don't first name is
8 Olga. I don't remember her last name off the top of
9 my head.
10 Q But from what company?
11 A MLMIC.
12 Q So after you found out that you had no
13 liability insurance coverage in 2016, did you then
14 have a conversation with Dr. Nanda?
A --
15 No, I haven't
16 MR. KRAUS: Objection to form.
17 MR. PAGLINAWAN: Can you read the
18 answer, please?
19 (The requested portion of the record
20 was read by the reporter.)
21 MR. KRAUS: My objection, James, is
22 that you haven't established that there
23 was no coverage in 2016. Perhaps it was
24 later there was an issue, but not that.
25 Q As far as you know, Doctor, did you have
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
15
1 Emmanuel Pafos, MD
2 any liability insurance coverage in 2016?
3 A Yes. I had a policy with MLMIC.
4 Q And right now who is paying for your
5 defense?
6 A Well, I'm paying for it right now because
7 I was advised that he didn't pay the insurance.
"he,"
8 Q When you say you're referring to
9 Dr. Nanda?
10 A That's right.
11 Q Do you have any understanding as to when
12 Dr. Nanda stopped paying for the liability
13 insurance?
14 MR. KRAUS: Objection to the form.
15 Q Go ahead.
16 A I'm sorry?
I
--
17 Q Do you have any understanding as to let
18 me ask another question. Let me withdraw that.
19 Do you have any understanding as to
20 whether Dr. Nanda ever paid for any of your
21 insurance, liability insurance coverage in 2016?
22 A I don't have the specific details or the
23 copies of the checks or anything like that.
24 MR. KRAUS: Objection to the form of
25 that question.
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NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021
16
1 Emmanuel Pafos, MD
2 MR. PAGLINAWAN: On what basis?
3 MR. KRAUS: You're saying Dr. Nanda
4 individually. My understanding is that
5 Dr. Pafos was employed by the group, not
6 Dr. Nanda. So you're saying Dr. Nanda
7 individually as opposed to Nanda, MD, PC,
8 so I think it's somewhat misleading.
9 That's all.
10 MR. PAGLINAWAN: Well, a corporation
11 can't write a check, right? I mean, you
12 know, it's not a real person. So who was
13 supposed to write the check? A real
14 person has to pay for
Preview
FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------x THERESA ROBINSON and DEREK ROBINSON, Plaintiffs, Index No. - against - 717964/2018 NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, MD, PC, DEEPAK NANDA, MD and EMMANUEL M. PAFOS, MD, Defendants. --------------------------------------------x via Zoom Videoconference March 5, 2021 11:06 a.m. EXAMINATION BEFORE TRIAL of EMMANUEL PAFOS, MD, taken by Plaintiff, pursuant to Article 31 of the Civil Practice Law and Rules of Testimony, and Order, held at the above-noted time and place, before Donna C. Gilmore, a Stenotype Reporter and Notary Public within and for the State of New York. Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 2 1 2 A P P E A R A N C E S: 4 THE PAGLINAWAN LAW FIRM, PC Attorneys for Plaintiff 5 118-21 Queens Boulevard, Suite 501 Forest Hills, New York 11375 6 BY: JAMES S. PAGLINAWAN, ESQ. 8 AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP 9 Attorneys for Defendants NORTHWELL HEALTH, INC. and LONG ISLAND 10 JEWISH MEDICAL CENTER 600 Third Avenue 11 New York, New York 10016 12 BY: YANIQUE BURKE, ESQ. 13 14 RUBIN, PATERNITI, GONZALEZ & KAUFMAN, LLP Attorneys for Defendants 15 DEEPAK NANDA, MD, PC and DEEPAK NANDA, MD 555 Fifth Avenue, 6th Floor 16 New York, New York 10017 17 BY: STEVEN KRAUS, ESQ. 18 19 GALVANO & XANTHAKIS, PC Attorneys for Defendant 20 EMMANUEL M. PAFOS, MD 358 St. Marks Place, Suite 202 21 Staten Island, New York 10301 22 BY: ANTHONY XANTHAKIS, ESQ. 23 24 25 Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 3 1 2 P R O C E E D I N G S 3 THE REPORTER: The attorneys 4 participating in this deposition 5 acknowledge that I am not physically 6 present in the deposition room and that I 7 will be reporting this deposition 8 remotely. 9 They further acknowledge that, in lieu 10 of an oath administered in person, I will 11 administer the oath remotely, pursuant to 12 Executive Order Number 202.7 issued by 13 Governor Cuomo on March 19, 2020. 14 The parties and their counsel consent 15 to this arrangement and waive any 16 objections to this manner of reporting. 17 Please indicate your agreement by stating 18 your name and your agreement on the 19 record. 20 MR. XANTHAKIS: Anthony Xanthakis, I 21 agree. 22 MS. BURKE: Yanique Burke, I agree. 23 MR. PAGLINAWAN: James S. Paglinawan, 24 I agree. 25 MR. KRAUS: Steven Kraus from Rubin - . Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 4 1 2 Paterniti, I agree. 3 THE REPORTER: Ms. Burke, will you be 4 and for a of this ordering paying copy 5 transcript? 6 MS. BURKE: Yes. 7 THE REPORTER: Mr. will you be Kraus, 8 and for a of this ordering paying copy 9 transcript? 10 MR. KRAUS: Yes, I am. I need a only 11 regular and just e-mail it to me as well, 12 please, no mini. 13 MS. BURKE: Mine as well. 14 15 16 17 18 19 20 21 22 23 24 25 Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 5 2 STIPULATIONS 3 4 IT IS HEREBY STIPULATED, by and between the 5 attorneys for the respective parties hereto, that: 6 All rights provided by the CPLR, and Part 221 7 of the Uniform Rules for the Conduct of Depositions, 8 including the right to object to any question, except 9 as to form, or to move to strike at this any testimony 10 examination is reserved; and in addition, the failure 11 to object to question or to move to strike any any 12 testimony at this examination shall not be a bar or 13 waiver to make such motion at, and is reserved to, 14 the trial of this action. 15 This deposition may be sworn to by the witness 16 examined before a Public other than the being Notary 17 Notary Public before whom this examination was begun, 18 but the failure to do so or to return the original 19 of this deposition to counsel, shall not be deemed a 20 waiver of the rights provided by Rule 3116 of the 21 CPLR, and shall be controlled thereby. The filing 22 of the original of this deposition is waived. 23 IT IS FURTHER STIPULATED, that a of this copy 24 examination shall be furnished to the attorney for 25 the witness being examined without charge. Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 6 1 2 E M M A N U E L P A F O S, M D, 3 Defendant, having first been duly sworn by the 4 Notary Public, was examined and testified as 5 follows: 6 EXAMINATION BY 7 MR. PAGLINAWAN: 8 Q Please state your name for the record. 9 A Emmanuel Pafos, MD. 10 Q Please state your address for the record. 11 A 214 Legacy Woods Drive, Wallace, North 12 Carolina 28466. 13 Q Good morning, Dr. Pafos. Am I pronouncing 14 your last name correctly? 15 A Yes. It's Pafos. 16 Q For some reason we've been pronouncing it 17 as Pafos and -- 18 MR. XANTHAKIS: Not the Greek. Not 19 the Greek. I was saying it Pafos, I'm 20 just saying. 21 Q My name is James S. Paglinawan, and I work 22 for the Paglinawan Firm, PC, which is the law firm 23 that represents Theresa Robinson and Derek Robinson 24 in this medical malpractice lawsuit in which you are 25 named as a defendant. FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 7 1 Emmanuel Pafos, MD 2 Today I will be asking you some questions 3 related to the care and treatment that you provided 4 to Theresa Robinson at Long Island Jewish Medical 5 Center, and I will ask you questions regarding any 6 office visits as well. I'll begin by discussing 7 very basic rules with you. 8 First, this is an oral deposition, which 9 means that you need to respond to the question using 10 spoken words rather than using nonverbal gestures 11 only. As you can see, Ms. Gilmore is transcribing 12 here and she's doing that to everything that I'm 13 saying and she will be doing the same thing to your 14 statements. 15 Also, I want you to make sure that you 16 understand my question before you start to answer. 17 There are times when the question may be clear in my 18 head, but it may not be clear to you, or for some 19 reason I'm assuming that we're not having any 20 technical difficulties and I'll keep on talking and 21 talking, in the meantime you're not hearing me. So 22 if for some reason you're not able to understand my 23 question, you cannot hear me, or for some reason, 24 you know, I disappear out of the screen momentarily, 25 let me know. I can rephrase the question. Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 8 1 Emmanuel Pafos, MD 2 Also, there will be many times when you 3 will be able to anticipate what my question is, even 4 before I'm finished. Even then, I still ask that 5 you wait until I'm finished asking the question 6 before you start to answer. 7 If you need to take a break let us know. 8 In general, it's not an issue unless there is a 9 question that's pending. That means that I have 10 asked you a question and you have not answered the 11 question yet. If you have to take a break and we 12 have a pending question, I will ask that you answer 13 the pending question and then we can take a break. 14 Are you clear with respect to the rules? 15 A Very well. 16 Q Doctor, do you keep a copy of your 17 curriculum vitae anywhere; in a computer, a paper 18 copy at home? 19 A I have one, I don't know how current it 20 home. on call last so -- is, at I've, I was night, 21 Q That's fine. -- 22 A don't have with me. 23 Q I'll put in a request to obtain a copy of 24 that and your counsel will notify you of that. 25 Okay? Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 9 1 Emmanuel Pafos, MD 2 A Yeah, he actually did, and I'll get it to 3 you. I just was on call and I haven't gotten home. 4 MR. XANTHAKIS: I'll get it to you, 5 James, no problem. 6 MR. PAGLINAWAN: No problem. 7 Q Doctor, are you currently licensed to 8 practice as a physician in New York State? 9 A No. 10 Q When was the last time you were licensed 11 to practice as a physician in New York State? 12 A I believe that expired in 2019. I chose . 13 not to renew. 14 Q When did you obtain your license to 15 practice as a physician in New York State? I know 16 you said it expired, but when did you obtain that? 17 A At the close of residency, I suppose. I 18 don't know what year it was. I have to look back. 19 I guess 2015? Yeah. 20 Q And right now are you currently licensed 21 to practice as a physician in any other states or 22 jurisdictions? 23 A Yes. 24 Q In how many? 25 A One. ........ ......................... ............. ... Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 10 1 Emmanuel Pafos, MD 2 Q Where is that? 3 A North Carolina. 4 Where are you employed? Q currently 5 A I'm employed in North Carolina, in 6 Kenansville, North Carolina. 7 Q Is that a hospital, a clinic? 8 A Yeah, I work for Vidant Women's Care. 9 Q When did you begin working there? 10 A In August of 2018. 11 Q In April of 2016 who were you employed by? 12 A Deepak Nanda, MD. 13 Q And in April of 2016 what was your 14 position there? 15 A I was a physician, an 16 obstetrician-gynecologist. 17 Q In April of 2016 were you a shareholder or 18 a partner there? 19 A No. 20 Q In April of 2016 did you have hospital any 21 privileges here in New York? 22 A Yes. 23 Q How many hospitals? 24 A Three. 25 Q And what were they? Enright Court Reporthigr (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 11 1 Emmanuel Pafos, MD 2 A Long Island Jewish Medical Center, North 3 Shore Forest Hills Hospital. University Hospital, 4 Q And where did you go to medical school? 5 A SUNY Downstate. 6 Q When did you graduate from there? 7 A 2011. 8 Q And after you graduated from there, did 9 you then go on to do residencies? 10 A I did. 11 Q So could you please tell us about it. 1 12 A I did residency at the North Shore LIJ 13 program, it's now called Northwell. 14 Q And how long was that residency? 15 A Four years. 16 Q When did you begin and when did you 17 finish? 18 A July of 2011 and I suppose July of 2015, 19 or thereabouts. 20 Q And that residency, was it related to any 21 specialty? 22 A Obstetrics and gynecology. 23 Q And do you have any board certifications 24 presently? 25 A Board eligible for the American Board of Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 12 1 Emmanuel Pafos, MD 2 OB/GYN. 3 Q When did you first become board eligible? 4 A I guess in June of 2015. 5 In April of 2015 -- let me withdraw that. Q 6 In April of 2016 you didn't have any board 7 certifications, correct? 8 A Correct. 9 Q As you said, you completed your residency 10 in obstetrics and gynecology. What is obstetrics 11 and gynecology, Doctor? 12 A It's the care of women with regards to 13 their gynecological organs and functions, as well as 14 pregnancy, including delivery and postpartum care, 15 prenatal care, delivery, and postpartum care. 16 Q When you said earlier that you are board 17 eligible for obstetrics and gynecology, what does 18 that mean? 19 A It means that I passed my board exam and I 20 have to do a case presentation, where you do some 21 oral boards as well after you go into practice. 22 Q So as of this time, what do you need to do 23 to become board certified in obstetrics and 24 gynecology? 25 A Need to do the oral part. Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 13 1 Emmanuel Pafos, MD 2 Q Let's talk about your employment with 3 Nanda, MD, PC in April of 2016. Did your employer 4 at that time pay for your liability insurance 5 coverage? 6 A Yes. 7 Q Was that something that was included in a 8 written agreement? 9 A It was agreed to, although he never . 10 presented me with a contract. He basically put it 11 off. "he," 12 Q So when you say are you talking 13 about Dr. Nanda? 14 A That's right. 15 Q So other than the insurance liability, 16 insurance coverage that Dr. Nanda was supposed to 17 pay, right, on your behalf, did you have your own 18 personal liability coverage? 19 A He was responsible for it. 20 MR. KRAUS: Form of -- objection to 21 the form of the question. Move to strike. 22 Q At some point did you ever find out that 23 there was an issue with your liability insurance 24 coverage in 2016? 25 A Yes. Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 14 1 Emmanuel Pafos, MD 2 Q When was the first time you found out? 3 A After I left. 4 Q And how did you find out? 5 A From the insurance broker. 6 Q And which insurance broker was that? remember -- her 7 A I don't first name is 8 Olga. I don't remember her last name off the top of 9 my head. 10 Q But from what company? 11 A MLMIC. 12 Q So after you found out that you had no 13 liability insurance coverage in 2016, did you then 14 have a conversation with Dr. Nanda? A -- 15 No, I haven't 16 MR. KRAUS: Objection to form. 17 MR. PAGLINAWAN: Can you read the 18 answer, please? 19 (The requested portion of the record 20 was read by the reporter.) 21 MR. KRAUS: My objection, James, is 22 that you haven't established that there 23 was no coverage in 2016. Perhaps it was 24 later there was an issue, but not that. 25 Q As far as you know, Doctor, did you have Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 15 1 Emmanuel Pafos, MD 2 any liability insurance coverage in 2016? 3 A Yes. I had a policy with MLMIC. 4 Q And right now who is paying for your 5 defense? 6 A Well, I'm paying for it right now because 7 I was advised that he didn't pay the insurance. "he," 8 Q When you say you're referring to 9 Dr. Nanda? 10 A That's right. 11 Q Do you have any understanding as to when 12 Dr. Nanda stopped paying for the liability 13 insurance? 14 MR. KRAUS: Objection to the form. 15 Q Go ahead. 16 A I'm sorry? I -- 17 Q Do you have any understanding as to let 18 me ask another question. Let me withdraw that. 19 Do you have any understanding as to 20 whether Dr. Nanda ever paid for any of your 21 insurance, liability insurance coverage in 2016? 22 A I don't have the specific details or the 23 copies of the checks or anything like that. 24 MR. KRAUS: Objection to the form of 25 that question. Enright Court Reporting (631) 589-7788 FILED: QUEENS COUNTY CLERK 06/15/2021 06:03 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 06/15/2021 16 1 Emmanuel Pafos, MD 2 MR. PAGLINAWAN: On what basis? 3 MR. KRAUS: You're saying Dr. Nanda 4 individually. My understanding is that 5 Dr. Pafos was employed by the group, not 6 Dr. Nanda. So you're saying Dr. Nanda 7 individually as opposed to Nanda, MD, PC, 8 so I think it's somewhat misleading. 9 That's all. 10 MR. PAGLINAWAN: Well, a corporation 11 can't write a check, right? I mean, you 12 know, it's not a real person. So who was 13 supposed to write the check? A real 14 person has to pay for