Preview
FILED: KINGS COUNTY CLERK 05/19/2022 05:12 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X Index No.: 504273/17
ROBERT ZABORSKI,
AFFIDAVIT OF
Plaintiff, ROBERT ZABORSKI
-against-
MB LORIMER LLC and CORNERSTONE
BUILDERS NY LLC,
Defendants.
_____--_____________________________________________________________Ç
CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.
Defendants.
____________________----------------___________________--___________Ç
I,ROBERT ZABORSKI, being duly sworn under the penalties of perjury, depose and say
as follows:
1. I am the plaintiff in the above-captioned action and am over eighteen years of age.
2. I am offering this affidavit to set forth the reasons an affidavit was not previously
submitted from Miroslaw ("Mirek") Sztark in support of my original motion for summary
judgment. On July 18, 2016, I was employed by New York Builder of Stairs, Inc. and working
inside the building located at 163 Middleton Street, Brooklyn, New York. I had worked
consistently with Miroslaw since the beginning of my employment with New York Builder, which
was about one and half years up until the date of my accident.
3. At the time of my accident, other than myself, I was only aware of Wilson and
Carlos being inside the building. While I was aware that Miroslaw was working at the building
1 of 3
FILED: KINGS COUNTY CLERK 05/19/2022 05:12 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/19/2022
for New York Builder as a driver, I did not know if he was inside the building when my accident
occurred. As a driver, Miroslaw, typically brought us the tools and materials we used to assemble
the staircase inside the building. But he did not remain inside to assist with the staircase assembly.
After bringing them inside and dropping them off in our work area, he generally returned to the
company vehicle until being asked to bring in more materials.
4. Until recently, I did not know that Miroslaw Sztark was either inside the building
when my accident occurred or that he witnessed it. As noted, when I was struck on the head by
the pipe clamp, I lost consciousness. Before the ambulance arrived, I briefly regained
consciousness. I was stillinside the building and saw Miroslaw right next to me. He never told
me that he saw the pipe clamp hit me. I again lost consciousness, so I never found out if he
witnessed my accident.
5. After my accident, I did not call Miroslaw to find out ifhe knew anything about my
accident. I did not have his phone number or other contact information. I also did not believe he
was inside the building at the time of my accident.
6. I am also advised by my attorneys that my employer, New York Builder of Stairs,
did not name Miroslaw Sztark as a witness to the accident. I am further advised that when Adam
Baran testified at a deposition in connection with this case, he stated that only Carlos and Wilson
had witnessed my accident. For these reasons, I had no reason to believe Miroslaw witnessed my
accident or had personal knowledge about how or why itoccurred.
7. Recently, in early November, 2021, I was walking near my home when I saw
Miroslaw also walking on the street. To my surprise, he also lives in Maspeth and his home is a
few blocks away from my own. This was the firsttime I saw him since immediately following my
accident.
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FILED: KINGS COUNTY CLERK 05/19/2022 05:12 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/19/2022
8. Miroslaw walked over and told me he retired a few years ago from working with
New York Builder of Stairs. He asked me how I was doing. I told him and he then mentioned to
me that he witnessed my accident. This was the firsttime I was made aware of this.
9. Based on what he told me, I asked Miroslaw if he would provide an affidavit
describing his observations about my accident and the work that was taking place at the building.
Dated: New York, New York
December 6, 2021
ROBERT ZABORSKI
Sworn before me this
December 6, 2021
. , S. KQENIG .
, State
of New York
KO6043885
NOTARY PUBLIC Q in Nassau
county
Corninission Expires June 26.20 2,,,.
I,HANNA HAJDECKA, being duly sworn, depose and state as follows:
I, HANNA HAJDECKA, am fluent in both the Polish and English languages. I have
translated Mr. Zaborski's statements from Polish into English and reduced them into writing in an
affidavit form, and thereafter fully and accurately translated the affidavit from English to Polish
for Mr. Zaborski who agreed with the statements contained therein and signed the affidavit in my
presence.
HANNA HAJDECKA
Sworn before me this
December 6, 2021
190t S to f N York
NOTARY PUBLIC KO6043885
a inNassau county
CorninissionExpires June 20
26,
3 of 3
Preview
FILED: KINGS COUNTY CLERK 05/19/2022 05:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X Index No.: 504273/17 ROBERT ZABORSKI, AFFIDAVIT OF Plaintiff, ROBERT ZABORSKI -against- MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, Defendants. _____--_____________________________________________________________Ç CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC. Defendants. ____________________----------------___________________--___________Ç I,ROBERT ZABORSKI, being duly sworn under the penalties of perjury, depose and say as follows: 1. I am the plaintiff in the above-captioned action and am over eighteen years of age. 2. I am offering this affidavit to set forth the reasons an affidavit was not previously submitted from Miroslaw ("Mirek") Sztark in support of my original motion for summary judgment. On July 18, 2016, I was employed by New York Builder of Stairs, Inc. and working inside the building located at 163 Middleton Street, Brooklyn, New York. I had worked consistently with Miroslaw since the beginning of my employment with New York Builder, which was about one and half years up until the date of my accident. 3. At the time of my accident, other than myself, I was only aware of Wilson and Carlos being inside the building. While I was aware that Miroslaw was working at the building 1 of 3 FILED: KINGS COUNTY CLERK 05/19/2022 05:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/19/2022 for New York Builder as a driver, I did not know if he was inside the building when my accident occurred. As a driver, Miroslaw, typically brought us the tools and materials we used to assemble the staircase inside the building. But he did not remain inside to assist with the staircase assembly. After bringing them inside and dropping them off in our work area, he generally returned to the company vehicle until being asked to bring in more materials. 4. Until recently, I did not know that Miroslaw Sztark was either inside the building when my accident occurred or that he witnessed it. As noted, when I was struck on the head by the pipe clamp, I lost consciousness. Before the ambulance arrived, I briefly regained consciousness. I was stillinside the building and saw Miroslaw right next to me. He never told me that he saw the pipe clamp hit me. I again lost consciousness, so I never found out if he witnessed my accident. 5. After my accident, I did not call Miroslaw to find out ifhe knew anything about my accident. I did not have his phone number or other contact information. I also did not believe he was inside the building at the time of my accident. 6. I am also advised by my attorneys that my employer, New York Builder of Stairs, did not name Miroslaw Sztark as a witness to the accident. I am further advised that when Adam Baran testified at a deposition in connection with this case, he stated that only Carlos and Wilson had witnessed my accident. For these reasons, I had no reason to believe Miroslaw witnessed my accident or had personal knowledge about how or why itoccurred. 7. Recently, in early November, 2021, I was walking near my home when I saw Miroslaw also walking on the street. To my surprise, he also lives in Maspeth and his home is a few blocks away from my own. This was the firsttime I saw him since immediately following my accident. 2 of 3 FILED: KINGS COUNTY CLERK 05/19/2022 05:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/19/2022 8. Miroslaw walked over and told me he retired a few years ago from working with New York Builder of Stairs. He asked me how I was doing. I told him and he then mentioned to me that he witnessed my accident. This was the firsttime I was made aware of this. 9. Based on what he told me, I asked Miroslaw if he would provide an affidavit describing his observations about my accident and the work that was taking place at the building. Dated: New York, New York December 6, 2021 ROBERT ZABORSKI Sworn before me this December 6, 2021 . , S. KQENIG . , State of New York KO6043885 NOTARY PUBLIC Q in Nassau county Corninission Expires June 26.20 2,,,. I,HANNA HAJDECKA, being duly sworn, depose and state as follows: I, HANNA HAJDECKA, am fluent in both the Polish and English languages. I have translated Mr. Zaborski's statements from Polish into English and reduced them into writing in an affidavit form, and thereafter fully and accurately translated the affidavit from English to Polish for Mr. Zaborski who agreed with the statements contained therein and signed the affidavit in my presence. HANNA HAJDECKA Sworn before me this December 6, 2021 190t S to f N York NOTARY PUBLIC KO6043885 a inNassau county CorninissionExpires June 20 26, 3 of 3