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FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/10/2020
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EXHIBIT D
FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/10/2020
LAW OFFICES OF
JAMES G. BILELLO AND ASSOCIATES
ATTORNEYS AND SUPPORT STAFF ARE EMPLOYEES OF
GOVERNMENT EMPLOYEES INSURANCE COMPANY
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
bilelloandassociates@geico.com
Phone: (516) 861-1800
Fax: (516) 861-1801
Writer's direct line: 516-861-1797
July 5, 2019
Paul Ajlouny & Associates, PC
320 Old Country Road Suite 205
Garden City, NY 11530
Re: Gabriel v. Paul
Index #: 519700/2018
Claim Number: 0177567800101094
Our File Number: 18K2653
Dear Counselor(s):
Enclosed please find the original and a copy of the transcript of the deposition of your
client. Kindly have the original executed and notarized by your client, and return the original to
our office. The copy may be retaiñêd for your file.
Please note, that pursuant to CPLR Section 3116(a), ifthe witness failsto execute the
within transcript before a notary within 60 days, itmay be used as fully as though signed.
Please refer to our file number when correspoñdiñg with this office.
Thank you for your cooperation in this matter.
Very ly yours,
L slie Gabriel, Leg Clerk for
Gary Vegliante, Esq.
GV/1g
Enc.
FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/10/2020
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK) SS.:
COUNTY OF NASSAU)
Leslie Gabriel, being duly sworn, deposes and says that she is not a party to this action
and is e ployed by the attorneys for the within named defendant Noel Paul, herein. That on
the day of '3O / , 201, she served the within PLAINTIFF'S TRANSCRIPT
TO PLAINTIFF ATTO Y upon the following named attorney(s) and party(ies) by
depositing a true copy of the same securely enclosed in a post-paid wrapper in a Post Office Box
regularly maintained by the United States Government at 100 Duffy Avenue, Suite 500,
Hicksville, NY 11801, in said County of Nassau directed to said attorney(s) and party(ies) at:
Paul Ajlouny & Associates, PC
Attorneys for Plaintiff(s)
Lorenzo Gabriel
320 Old Country Road Suite 205
Garden City, NY 11530
516-535-5555
that being the address within the State designated by them for that purpose upon the preceding
papers in this action, or the place where they then kept an office, between which places there
then was and now is a regular communication by mail.
Deponent is over the age of eighteen (18) years.
Leslie Gabriel
Sworn to before me this
day oŒQL W a , 20
Notary Pul ic
ERIC J. MADONIA
NOTARY PUBLIC, State of New York
No. 01MA6190502
Qualified inSuffolk County
Commission Expires July 29, 20
FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018
NYSCEF DOC. NO. 29 RECEIVEDPage NYSCEF:
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June 11, 2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
. . . . . . . . . . . . . . . . . . . . . X
LORENZO GABRIEL,
Plaintiff,
-against- Index No.
519700/2018
NOEL PAUL,
Defendant.
. . . . . . . . . . . . . . . . . . . . . X
26 Court Street
Brooklyn, New York
June 11, 2019
10:40 a.m.
EXAMINATION BEFORE TRIAL of
LORENZO GABRIEL, the Plaintiff, taken
on behalf of the Defendant, pursuant to
Order, held before a Notary Public of the
State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1
2 A P P E A R A N C E S:
3
4 PAUL AJLOUNY & ASSOCIATES, P.C.
5 Attorneys for Plaintiff
6 320 Old Country Road, Suite 205
7 Garden City, New York 11530
8 BY: LAWRENCE LOUIS, ESQ.
9
10 JAMES G. BILELLO & ASSOCIATES
11 Attorneys for Defendant
12 100 Duffy Avenue, Suite 500
13 Hicksville, New York 11801
14 BY: GARY VEGLIANTE, ESQ.
15 File # 18K2653
16 Claim # 0177567800101094
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 STIPULATIONS
3 IT IS HEREBY STIPULATED AND AGREED by
4 and between(among) counsel for the
5 respective parties hereto, that:
6 All rights provided by the C.P.L.R.,
7 including the right to object to any
8 question, except as to form, or to move to
9 strike any testimony at this (these)
10 examination(s), are reserved, and, in
11 addition, the failure to object to any
12 question or to move to strike any
13 testimony at this (these) examination(s)
14 shall not be a bar or waiver to make such
15 motion at, and is reserved for the trial of
16 this action;
17
18 IT IS FURTHER STIPULATED AND AGREED
19 by and between (among) counsel for the
20 respective parties hereto, that this
21 (these) examination(s) may be sworn to by
22 the witness(es) being examined, before a
23 Notary Public other than the Notary Public
24 before whom this (these) examination(s) was
25 (were) begun; but the failure to do so, or
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1
2 to return the original of this (these)
3 examination(s) to counsel, shall not be
4 deemed a waiver of the rights provided by
5 Rules 3116 and 3117 of the C.P.L.R., and
6 shall be controlled thereby;
7
8 IT IS FURTHER STIPULATED AND AGREED
9 by and between (among) counsel for the
10 respective parties hereto, that this(these)
11 examination(s) may be utilized for all
12 purposes as provided by the C.P.L.R.;
13
14 IT IS FURTHER STIPULATED AND AGREED
15 by and between (among) counsel for the
16 respective parties hereto, that the filing
17 and certification of the original of this
18 (these) examination(s) shall be and the
19 same hereby are waived;
20
21 IT IS FURTHER STIPULATED AND AGREED
22 by and between (among) counsel for the
23 respective parties hereto, that a copy of
24 the within examination(s) shall be
25 furnished to counsel representing the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018
NYSCEF DOC. NO. 29 RECEIVED Page 5
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June 11, 2019
2 witness(es) testifying, without charge.
3
4 IT IS FURTHER STIPULATED AND AGREED
5 by and between (among) counsel for the
6 respective parties hereto, that all rights
7 provided by the C.P.L.R., and Part 221 of
8 the Uniform Rules for the Conduct of
9 Depositions, including the right to object
10 to any question, except as to form, or to
11 move to strike any testimony at this
12 examination is reserved; and in addition,
13 the failure to object to any question or to
14 move to strike any testimony at this
15 examination shall not be a bar or waiver to
16 make such motion at, and is reserved to,
17 the trial of this action.
18
19
20
21
22
23
24
. 25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1
2 L O R E N Z O G A B R I E L, the witness
3 herein, having first been duly sworn by a
4 Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. VEGLIANTE:
8 Q. State your name for the record,
9 please.
10 A. Lorenzo Gabriel.
11 Q. State your address for the
12 record, please.
13 A. 121 Tapscott Street, second
14 floor, Brooklyn, New York 11212.
15 Q. Good morning, Mr. Gabriel. My
16 name is Gary Vegliante, I am an attorney
17 for the defendant in this action, Mr. Noel
18 Paul. We're here to ask you questions
19 about an accident that occurred in October
20 of 2016. Before we start I just want to
21 lay a couple of ground rules.
22 So first, if at any time you need to
23 take a break it's completely fine just let
24 me know --
25 MR. LOUIS: Was it 2016, I thought '17,
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 no?
3 MR. VEGLIANTE: It says 2016 on the
4 police report.
5 Q. So you can take a break at any
6 time I just ask that if I've asked you a
7 question you answer it before you go to
8 break.
9 The next is if at any time you are
10 not sure what I'm asking you or are a
11 little unclear or confused, just let me
12 know I will be happy to rephrase. If at
13 any time you answer a question I'm going to
14 assume that you understood what I was
15 asking you.
16 Lastly, we've got a court reporter
17 here today who is taking down everything we
18 say. Because of that please keep all of
19 your responses verbal. Hand gestures and
20 things like umm hmm, can't be recorded by
21 her so keep it to yes or no verbal
22 responses.
23 And also even if you know what I am
24 going to ask before I complete my question
25 please just try to wait until I am
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 completely done before answering. Once we
3 talk over each other it is very difficult
4 for her to take down everything accurately.
5 A. Okay.
6 Q. Thank you. Can we start by just
7 giving me your date of birth and we will
8 put only the year on the record but give me
9 the whole thing.
10 A. 1988.
11 Q. Can you give me your Social
12 Security number and we will put just the
13 last four digits on the record but give me
14 the full number?
15 A. 1249.
16 Q. Thank you. Mr. Gabriel, at the
17 time of the accident were you residing at
18 121 Tapscott Street?
19 A. Yes.
20 Q. Who were you residing there with?
21 A. Both parents.
22 Q. How long have you been living at
23 121 Tapscott Street?
24 A. Approximately ten years.
25 Q. That's from today?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 A. Yes.
3 Q. Besides your two parents, is
4 there anyone else that lives there?
5 A. No.
6 Q. What are your parent's names?
7 A. Cheryl Gabriel and Lorenzo
8 senior.
9 Q. Lorenzo senior meaning he shares
10 your last name?
11 A. Yes.
12 Q. At the time of the accident were
13 you employed?
14 A. Yes.
15 Q. Where were you employed?
16 A. I was working in Long Island City
17 Local 1974 Drywall Tapers Union.
18 Q. Can you give me the name of that
19 union one more time?
20 A. 1974.
21 Q. Drywaller union you said?
22 A. Drywall Tapers Finishing Union.
23 Q. And what was your job position in
24 that union?
25 A. Apprentice drywall taper.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 Q. Can you describe your job duties
3 as an apprentice drywall taper, what kind
4 of stuff would you do on a daily basis?
5 A. We handle deliveries for
6 compound, skids of deliveries, mixed
7 compound for prep and plaster for walls,
8 sand walls for painting.
9 Q. So just it was generally a
10 construction type of job; is that fair to
11 say?
12 A. Correct.
13 Q. And you were working generally on
14 your feet or an active manner not sitting
15 behind a desk?
16 A. Correct.
17 Q. As a result of this accident, did
18 you miss any time from work?
19 A. Yes.
20 Q. How much time approximately did
21 you miss?
22 A. About five months.
23 Q. And during that five months did
24 you receive any sort of income from any
25 source; what I mean by that is did your job
DEITZ Court Reporting... A Lexitas Co>mpany
800-678-0166
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1 Gabriel
2 pay you for the leave that you took?
3 A. No.
4 Q. Let's start there.
5 Your job did not pay you any salary
6 while you were out?
7 A. No.
8 Q. Did you even have a week of sick
9 time or anything at the beginning that you
10 used or anything like that?
11 A. No.
12 MR. LOUIS: Did you receive any money
13 in No-Fault benefits for the lost time of
14 work?
15 THE WITNESS: No.
16 Q. That was my next question. You
17 didn't receive any No-Fault benefits?
18 A. No.
19 Q. Did you ever make a Worker's
20 Compensation claim as a result of this
21 accident?
22 A. No.
23 Q. Did you have any type of
24 disability insurance that would pay you any
25 portion of your salary while you were
DEITZ Court Reporting... A Lexitas Ccimpany
800-678-0166
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1 Gabriel
2 disabled from working9
3 A. No.
4 Q. So for the five months that you
5 were out of work how did you support
6 yourself?
7 A. Unemployment.
8 Q. I am sorry?
9 A. Unemployment.
10 Q. So you began receiving
11 unemployment?
12 A. Yes.
13 Q. When did you commence receiving
14 unemployment?
15 A. A month after the accident.
16 Q. And that lasted for the rest of
17 the five months so basically one month
18 after, the next four months or so you
19 received unemployment?
20 A. Correct.
21 Q. And when did you return to work?
22 A. Later on in the year, I would say
23 around late August, early September of
24 2017.
25 Q. 2017?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 A. Yes.
3 Q. What year did the accident
4 happen?
5 A. To my recollection I remember it
6 was two years ago I believe but he said it
7 was 2017 but I just remember we are in '19
8 now so.
9 Q. So when you say two years ago?
10 A. I have the record in my phone, I
11 don't know if it's okay to show y'all.
12 Q. What I will say is that we're
13 here to question you on what you remember
14 from the accident. Now, I have a copy of
15 the police report here, I can tell you the
16 police report states that the accident
17 happened on October 27 of 2016. Now, the
18 police reports are not written in stone, it
19 isn't the law but is that when you remember
20 the accident?
21 A. It could have been yes, because
22 the year before that I was injured as well
23 and that's the day before it happened the
24 prior year so that's correct.
25 Q. So --
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 A. October 27 --
3 Q. -- you were injured October 28 of
4 2015?
5 A. Yes, different leg.
6 Q. Okay. But as far as you
7 remember, October 27 of 2016 sounds like
8 the correct date of the accident that we
9 are here to talk about today?
10 A. Yes.
11 Q. So you returned to work in August
12 or September of 2017. When you returned to
13 work did you return to the Local 1974 or
14 did you start a new job?
15 A. Yes.
16 Q. And what was your job position
17 when you returned?
18 A. The same.
19 Q. Do you still work at Local 1974?
20 A. No.
21 Q. When did you stop working for
22 them?
23 A. Last year, 2018.
24 Q. And for what reason did you stop
25 working?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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1 Gabriel
2 MR. LOUIS: You can answer.
3 A. Because of this.
4 Q. Because of this accident?
5 A. Yes.
6 Q. So can you elaborate on that
7 because I am just only asking because you
8 obviously began work again in August or
9 September of 2017 and then stopped some
10 time in 2018. When in 2018 did you stop?
11 A. 2018 February.
12 Q. So you worked from September or
13 so of 2017 until February of 2018 and it
14 was because of injurie
Preview
FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 b NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/10/2020 E t & B E h EXHIBIT D FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/10/2020 LAW OFFICES OF JAMES G. BILELLO AND ASSOCIATES ATTORNEYS AND SUPPORT STAFF ARE EMPLOYEES OF GOVERNMENT EMPLOYEES INSURANCE COMPANY 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 bilelloandassociates@geico.com Phone: (516) 861-1800 Fax: (516) 861-1801 Writer's direct line: 516-861-1797 July 5, 2019 Paul Ajlouny & Associates, PC 320 Old Country Road Suite 205 Garden City, NY 11530 Re: Gabriel v. Paul Index #: 519700/2018 Claim Number: 0177567800101094 Our File Number: 18K2653 Dear Counselor(s): Enclosed please find the original and a copy of the transcript of the deposition of your client. Kindly have the original executed and notarized by your client, and return the original to our office. The copy may be retaiñêd for your file. Please note, that pursuant to CPLR Section 3116(a), ifthe witness failsto execute the within transcript before a notary within 60 days, itmay be used as fully as though signed. Please refer to our file number when correspoñdiñg with this office. Thank you for your cooperation in this matter. Very ly yours, L slie Gabriel, Leg Clerk for Gary Vegliante, Esq. GV/1g Enc. FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/10/2020 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) SS.: COUNTY OF NASSAU) Leslie Gabriel, being duly sworn, deposes and says that she is not a party to this action and is e ployed by the attorneys for the within named defendant Noel Paul, herein. That on the day of '3O / , 201, she served the within PLAINTIFF'S TRANSCRIPT TO PLAINTIFF ATTO Y upon the following named attorney(s) and party(ies) by depositing a true copy of the same securely enclosed in a post-paid wrapper in a Post Office Box regularly maintained by the United States Government at 100 Duffy Avenue, Suite 500, Hicksville, NY 11801, in said County of Nassau directed to said attorney(s) and party(ies) at: Paul Ajlouny & Associates, PC Attorneys for Plaintiff(s) Lorenzo Gabriel 320 Old Country Road Suite 205 Garden City, NY 11530 516-535-5555 that being the address within the State designated by them for that purpose upon the preceding papers in this action, or the place where they then kept an office, between which places there then was and now is a regular communication by mail. Deponent is over the age of eighteen (18) years. Leslie Gabriel Sworn to before me this day oŒQL W a , 20 Notary Pul ic ERIC J. MADONIA NOTARY PUBLIC, State of New York No. 01MA6190502 Qualified inSuffolk County Commission Expires July 29, 20 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVEDPage NYSCEF: 1 01/10/2020 June 11, 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS . . . . . . . . . . . . . . . . . . . . . X LORENZO GABRIEL, Plaintiff, -against- Index No. 519700/2018 NOEL PAUL, Defendant. . . . . . . . . . . . . . . . . . . . . . X 26 Court Street Brooklyn, New York June 11, 2019 10:40 a.m. EXAMINATION BEFORE TRIAL of LORENZO GABRIEL, the Plaintiff, taken on behalf of the Defendant, pursuant to Order, held before a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page 2 NYSCEF: 01/10/2020 June 11, 2019 1 2 A P P E A R A N C E S: 3 4 PAUL AJLOUNY & ASSOCIATES, P.C. 5 Attorneys for Plaintiff 6 320 Old Country Road, Suite 205 7 Garden City, New York 11530 8 BY: LAWRENCE LOUIS, ESQ. 9 10 JAMES G. BILELLO & ASSOCIATES 11 Attorneys for Defendant 12 100 Duffy Avenue, Suite 500 13 Hicksville, New York 11801 14 BY: GARY VEGLIANTE, ESQ. 15 File # 18K2653 16 Claim # 0177567800101094 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: Page 3 01/10/2020 June 11, 2019 2 STIPULATIONS 3 IT IS HEREBY STIPULATED AND AGREED by 4 and between(among) counsel for the 5 respective parties hereto, that: 6 All rights provided by the C.P.L.R., 7 including the right to object to any 8 question, except as to form, or to move to 9 strike any testimony at this (these) 10 examination(s), are reserved, and, in 11 addition, the failure to object to any 12 question or to move to strike any 13 testimony at this (these) examination(s) 14 shall not be a bar or waiver to make such 15 motion at, and is reserved for the trial of 16 this action; 17 18 IT IS FURTHER STIPULATED AND AGREED 19 by and between (among) counsel for the 20 respective parties hereto, that this 21 (these) examination(s) may be sworn to by 22 the witness(es) being examined, before a 23 Notary Public other than the Notary Public 24 before whom this (these) examination(s) was 25 (were) begun; but the failure to do so, or DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: Page 4 01/10/2020 June 11, 2019 1 2 to return the original of this (these) 3 examination(s) to counsel, shall not be 4 deemed a waiver of the rights provided by 5 Rules 3116 and 3117 of the C.P.L.R., and 6 shall be controlled thereby; 7 8 IT IS FURTHER STIPULATED AND AGREED 9 by and between (among) counsel for the 10 respective parties hereto, that this(these) 11 examination(s) may be utilized for all 12 purposes as provided by the C.P.L.R.; 13 14 IT IS FURTHER STIPULATED AND AGREED 15 by and between (among) counsel for the 16 respective parties hereto, that the filing 17 and certification of the original of this 18 (these) examination(s) shall be and the 19 same hereby are waived; 20 21 IT IS FURTHER STIPULATED AND AGREED 22 by and between (among) counsel for the 23 respective parties hereto, that a copy of 24 the within examination(s) shall be 25 furnished to counsel representing the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page 5 NYSCEF: 01/10/2020 June 11, 2019 2 witness(es) testifying, without charge. 3 4 IT IS FURTHER STIPULATED AND AGREED 5 by and between (among) counsel for the 6 respective parties hereto, that all rights 7 provided by the C.P.L.R., and Part 221 of 8 the Uniform Rules for the Conduct of 9 Depositions, including the right to object 10 to any question, except as to form, or to 11 move to strike any testimony at this 12 examination is reserved; and in addition, 13 the failure to object to any question or to 14 move to strike any testimony at this 15 examination shall not be a bar or waiver to 16 make such motion at, and is reserved to, 17 the trial of this action. 18 19 20 21 22 23 24 . 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: Page 6 01/10/2020 June 11, 2019 1 2 L O R E N Z O G A B R I E L, the witness 3 herein, having first been duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. VEGLIANTE: 8 Q. State your name for the record, 9 please. 10 A. Lorenzo Gabriel. 11 Q. State your address for the 12 record, please. 13 A. 121 Tapscott Street, second 14 floor, Brooklyn, New York 11212. 15 Q. Good morning, Mr. Gabriel. My 16 name is Gary Vegliante, I am an attorney 17 for the defendant in this action, Mr. Noel 18 Paul. We're here to ask you questions 19 about an accident that occurred in October 20 of 2016. Before we start I just want to 21 lay a couple of ground rules. 22 So first, if at any time you need to 23 take a break it's completely fine just let 24 me know -- 25 MR. LOUIS: Was it 2016, I thought '17, DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVEDPage NYSCEF: 7 01/10/2020 June 11, 2019 1 Gabriel 2 no? 3 MR. VEGLIANTE: It says 2016 on the 4 police report. 5 Q. So you can take a break at any 6 time I just ask that if I've asked you a 7 question you answer it before you go to 8 break. 9 The next is if at any time you are 10 not sure what I'm asking you or are a 11 little unclear or confused, just let me 12 know I will be happy to rephrase. If at 13 any time you answer a question I'm going to 14 assume that you understood what I was 15 asking you. 16 Lastly, we've got a court reporter 17 here today who is taking down everything we 18 say. Because of that please keep all of 19 your responses verbal. Hand gestures and 20 things like umm hmm, can't be recorded by 21 her so keep it to yes or no verbal 22 responses. 23 And also even if you know what I am 24 going to ask before I complete my question 25 please just try to wait until I am DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVEDPage NYSCEF: 8 01/10/2020 June 11, 2019 1 Gabriel 2 completely done before answering. Once we 3 talk over each other it is very difficult 4 for her to take down everything accurately. 5 A. Okay. 6 Q. Thank you. Can we start by just 7 giving me your date of birth and we will 8 put only the year on the record but give me 9 the whole thing. 10 A. 1988. 11 Q. Can you give me your Social 12 Security number and we will put just the 13 last four digits on the record but give me 14 the full number? 15 A. 1249. 16 Q. Thank you. Mr. Gabriel, at the 17 time of the accident were you residing at 18 121 Tapscott Street? 19 A. Yes. 20 Q. Who were you residing there with? 21 A. Both parents. 22 Q. How long have you been living at 23 121 Tapscott Street? 24 A. Approximately ten years. 25 Q. That's from today? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page 9 NYSCEF: 01/10/2020 June 11, 2019 1 Gabriel 2 A. Yes. 3 Q. Besides your two parents, is 4 there anyone else that lives there? 5 A. No. 6 Q. What are your parent's names? 7 A. Cheryl Gabriel and Lorenzo 8 senior. 9 Q. Lorenzo senior meaning he shares 10 your last name? 11 A. Yes. 12 Q. At the time of the accident were 13 you employed? 14 A. Yes. 15 Q. Where were you employed? 16 A. I was working in Long Island City 17 Local 1974 Drywall Tapers Union. 18 Q. Can you give me the name of that 19 union one more time? 20 A. 1974. 21 Q. Drywaller union you said? 22 A. Drywall Tapers Finishing Union. 23 Q. And what was your job position in 24 that union? 25 A. Apprentice drywall taper. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page NYSCEF: 10 01/10/2020 June 11, 2019 1 Gabriel 2 Q. Can you describe your job duties 3 as an apprentice drywall taper, what kind 4 of stuff would you do on a daily basis? 5 A. We handle deliveries for 6 compound, skids of deliveries, mixed 7 compound for prep and plaster for walls, 8 sand walls for painting. 9 Q. So just it was generally a 10 construction type of job; is that fair to 11 say? 12 A. Correct. 13 Q. And you were working generally on 14 your feet or an active manner not sitting 15 behind a desk? 16 A. Correct. 17 Q. As a result of this accident, did 18 you miss any time from work? 19 A. Yes. 20 Q. How much time approximately did 21 you miss? 22 A. About five months. 23 Q. And during that five months did 24 you receive any sort of income from any 25 source; what I mean by that is did your job DEITZ Court Reporting... A Lexitas Co>mpany 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 ! NYSCEF DOC. NO. 29 RECEIVED Page NYSCEF: 11 01/10/2020 June 11, 2019 1 Gabriel 2 pay you for the leave that you took? 3 A. No. 4 Q. Let's start there. 5 Your job did not pay you any salary 6 while you were out? 7 A. No. 8 Q. Did you even have a week of sick 9 time or anything at the beginning that you 10 used or anything like that? 11 A. No. 12 MR. LOUIS: Did you receive any money 13 in No-Fault benefits for the lost time of 14 work? 15 THE WITNESS: No. 16 Q. That was my next question. You 17 didn't receive any No-Fault benefits? 18 A. No. 19 Q. Did you ever make a Worker's 20 Compensation claim as a result of this 21 accident? 22 A. No. 23 Q. Did you have any type of 24 disability insurance that would pay you any 25 portion of your salary while you were DEITZ Court Reporting... A Lexitas Ccimpany 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page NYSCEF: 12 01/10/2020 June 11, 2019 1 Gabriel 2 disabled from working9 3 A. No. 4 Q. So for the five months that you 5 were out of work how did you support 6 yourself? 7 A. Unemployment. 8 Q. I am sorry? 9 A. Unemployment. 10 Q. So you began receiving 11 unemployment? 12 A. Yes. 13 Q. When did you commence receiving 14 unemployment? 15 A. A month after the accident. 16 Q. And that lasted for the rest of 17 the five months so basically one month 18 after, the next four months or so you 19 received unemployment? 20 A. Correct. 21 Q. And when did you return to work? 22 A. Later on in the year, I would say 23 around late August, early September of 24 2017. 25 Q. 2017? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page NYSCEF: 13 01/10/2020 June 11, 2019 1 Gabriel 2 A. Yes. 3 Q. What year did the accident 4 happen? 5 A. To my recollection I remember it 6 was two years ago I believe but he said it 7 was 2017 but I just remember we are in '19 8 now so. 9 Q. So when you say two years ago? 10 A. I have the record in my phone, I 11 don't know if it's okay to show y'all. 12 Q. What I will say is that we're 13 here to question you on what you remember 14 from the accident. Now, I have a copy of 15 the police report here, I can tell you the 16 police report states that the accident 17 happened on October 27 of 2016. Now, the 18 police reports are not written in stone, it 19 isn't the law but is that when you remember 20 the accident? 21 A. It could have been yes, because 22 the year before that I was injured as well 23 and that's the day before it happened the 24 prior year so that's correct. 25 Q. So -- DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED 14 Page NYSCEF: 01/10/2020 June 11, 2019 1 Gabriel 2 A. October 27 -- 3 Q. -- you were injured October 28 of 4 2015? 5 A. Yes, different leg. 6 Q. Okay. But as far as you 7 remember, October 27 of 2016 sounds like 8 the correct date of the accident that we 9 are here to talk about today? 10 A. Yes. 11 Q. So you returned to work in August 12 or September of 2017. When you returned to 13 work did you return to the Local 1974 or 14 did you start a new job? 15 A. Yes. 16 Q. And what was your job position 17 when you returned? 18 A. The same. 19 Q. Do you still work at Local 1974? 20 A. No. 21 Q. When did you stop working for 22 them? 23 A. Last year, 2018. 24 Q. And for what reason did you stop 25 working? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/10/2020 03:02 PM INDEX NO. 519700/2018 NYSCEF DOC. NO. 29 RECEIVED Page NYSCEF: 15 01/10/2020 June 11, 2019 1 Gabriel 2 MR. LOUIS: You can answer. 3 A. Because of this. 4 Q. Because of this accident? 5 A. Yes. 6 Q. So can you elaborate on that 7 because I am just only asking because you 8 obviously began work again in August or 9 September of 2017 and then stopped some 10 time in 2018. When in 2018 did you stop? 11 A. 2018 February. 12 Q. So you worked from September or 13 so of 2017 until February of 2018 and it 14 was because of injurie