Preview
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 1
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF KINGS
3 -------------- - ---------- - ----------------------x
4 ROBERT ZABORSKI,
5 Plaintiff,
6 -against-
7 MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC,
8 Defendants.
9 --------------- - ---------- - ------------------- - -x
10 CORNERSTONE BUILDERS NY LLC,
11 3rd-Party Plaintiff,
12 -against-
13 NEW YORK BUILDER OF STAIRS, INC.,
14 3rd-Party Defendant.
15 ---------------------------------------- - -------x
16 One Pierrepont Plaza
17 Brooklyn, New York
18 March 29, 2019
19 10:00 A.M.
20
21 Deposition of ROBERT ZABORSKI, held
22 at the above time and place, pursuant to Order, taken
23 before a Court Reporter and Notary Public of the State
24 of New York .
25
U.S. LEGAL SUPPORT
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FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 2
1
2 APPEARANCES:
3 THE PLATTA LAW FIRM
Attorneys for Plaintiff .
4 42 Broadway - Suite 1927
New York, New York 10004
5 BY: BRIAN VANNELLA, ESQ.
6
7 MCMAHON MARTINE & GALLAGHER, LLP.
Attorneys for Defendant, Cornerstone
8 Builder NY LLC.
55 Washington Street -7th Floor
9 Brooklyn, New York 11201
10 BY: DAWN WHEELER, ESQ.
11
PILLINGER MILLER TARALLO.
12 Attorneys for New York Builder of
Stairs, Inc.
13 555 Taxter Road - 5th Floor
Elmsford, New York 10523
14 BY: TALEN DADIAN WHITE, ESQ.
15
16
17
18
19
20
21
22
23
24
.,,.--.__
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 3
1 STIPULATIONS
2 IT IS HEREBY STIPULATED AND AGREED
3 by and between(among) counsel for the respective
4 parties hereto, that all rights provided by the
5 C.P.L.R., including the right to object to any
6 question, except as to form, or to move to strike
7 any testimony at this(these) examination(s), are
8 reserved, and, in addition , the failure to object
9 to any question or to move to strike any testimony
10 at this(these) examination(s) shall not be a bar or
11 waiver to make such motion at, and is reserved for
12 the trial of this action;
13 IT IS FURTHER STIPULATED AND AGREED
14 by and between (among) counsel for the respective
15 parties hereto, that this(these) examination(s) may
16 be sworn to by the witness(es) being examined,
17 before a Notary Public other than the Notary Public
18 before whom this(these) examination(s ) was(were)
19 begun; but the failure to do so, or to return the
20 original of this(these) examination(s) to counsel,
21 shall not be deemed a waiver of the rights provided
22 by Rules 3116 and 3117 of the C.P . L.R., and shall
23 be controlled the reby;
24 IT IS FURTHER STIPULATED AND AGREED
25 by and between(among) counsel for the respective
U.S. LEGAL SUPPORT
( 877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 4
1 parties hereto, that this(these) exarnination(s) may
2 be utilized for all purposes as provided by the
3 C.P.L.R.;
4 IT IS FURTHER STIPULATED AND AGREED
5 by and between(among) counsel for the respective
6 parties hereto, that the filing and certification
7 of the original of this(these) examination(s) shall
8 be and the same hereby are waived;
9 IT IS FURTHER STIPULATED AND AGREED
10 by and between(among) counsel for the respective
11 parties hereto , that a copy of the within
12 examination(s) shall be furnished to counsel
13 representing the witness(es) testifying, without
14 charge.
15
16
17 * * *
18
19
20
21
22
23
24
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 5
1 ROBERT ZABORSKI, the Plaintiff, havnin been first
2 duly sworn in by a Notary Public of the State of
3 New York, was examined and testified as follows:
4 EXAMINATION BY
5 MS. WHEELER :
6 Q Would you please state your name for
7 the record?
8 A Robert Zaborski.
9 Q What is your present address?
10 A 66-21 52nd Drive, Masbeth, Queens, New
11 York.
12 MS. WHEELER: Good morning,
13 Mr. Zaborski, my name is Dawn Wheeler,
14 and I am with the law firm of McMahon,
15 Martine & Gallagher, and I am
16 representing Cornerstone Builders, New
17 York LLC, a defendant in a lawsuit that
18 you have brought. Now, today I am going
19 to be asking you a series of questions
20 regarding an accident that is the
21 subject of your lawsuit, and any damages
22 you may have sustained.
23 If at anytime you do not
24 understand my question it is very
25 important that you tell me and I will
U.S. LEGAL SUPPORT
( 877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 6
1 rephrase it, because sometimes we use,
2 you know legal speak and it just doesn't
3 sound normal.
4 Always say yes or no don't shake
5 your head or shrug your shoulders
6 because the court reporter cannot take
7 that down. Has to be verbal, as we get
8 going you may anticipate my question do
9 not give a response until I finish, so
10 we have a clear record even if it is a
11 very basic question.
12 Do you understand?
13 THE WITNESS: Yes.
14 At anytime you need to take a
15 break for any reason or to speak with
16 your attorney tell me, and we can do
17 that. I only ask that there not be an
18 open question. When you ask to take a
19 break, you can do so as long as there
20 are no out standing question.
21 THE WITNESS : Okay.
22 Q Have you ever been known by any name
23 other than Robert Zaborski?
24 A Yes, it is me. Can you repeat this
25 question?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 7
1 Q Have you ever been known by any other
2 name; is it always Robert Zaborski, is there a
3 different translation or a different legal name ?
4 A Yes, legal name.
5 Q Robert is your legal name?
6 A Yes.
7 Q No Polish version of Robert?
8 A No.
9 Q And Zabaorski, is your last name your
10 only last name?
11 A Yes, it is my last name.
12 Q What is your date of birth?
13 A
14 MR. VANNELLA: Put the year on
15 the record.
16 Q Try to speak a little slow to be sure
17 we can get it, okay?
18 A Okay, I am so sorry. This is my first
19 time.
20 Q And your soc ial security number only
21 the last 4 on that.
22
23
24
25 A I get the visa, but I forget what kind
U.S. LEGAL SUPPORT
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FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 8
1 of visa, because it was there 5 years ago .
2 Q So when was it that you came to the US?
3 A I come here 2014.
4 Q Do you know what month?
5 A Yes, it was September.
6 Q Of 2014?
7 A '17 of September, exactly.
8 Q And, when you came to the United
9 States, that was from Poland, is that correct?
10 A Yes.
11 Q And were you born in Poland?
12 A Yes.
13 Q Did you live prior to 2014 in Poland
14 exclusively or did you live in other countries?
15 A No , I did live only in Poland.
16 Q When you came to the US in 2014, did
17 any other family member or friend come with you?
18 A No, I come here because I have the one
19 friends .
20 Q You came here you had friends in the
21 US?
22 A Yes.
23 Q They were, from Poland?
24 A No, they live here, but his mother live
25 in Poland and we are friends.
U . S. LEGAL SUPPORT
( 877) 479-2484
---------------- - .. .
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 9
1 Q He is in the United States?
2 A Yes.
3 Q So you came here alone.
4 Are you married?
s A No.
6 Q Have you ever been married?
7 A No.
8 Q Never?
9 A No.
10 Q Currently, where you live is that an
11 apartment or a house?
12 A I live in the basement.
13 Q Is it a house though?
14 A Yes, two family house.
15 Q It is a basement apartment?
16 A Yes.
17 Q Do you have steps to go down into it?
18 A Only two steps. Ground zero.
19 Q Does anybody live there with you at
20 this time?
21 A No.
22 Q Have you lived at that address your
23 entire time in the US?
24 A No, this is my first address.
25 Q So in the 4 years, have you only lived
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 10
1 there?
2 A Yes.
3 Q That is the only place you have resided
4 since 2014?
5 A No.
6 Q Where else did you live in the US?
7 A I started live in, Maspeth. You know
8 this address when I gave you and I never changed my
9 place.
10 Q Always been there?
11 A Yes.
12 Q Has anyone ever lived there with you?
13 A No.
14 Q Were you ever married in Poland?
15 A No.
16 Q Do you have any children?
17 A No.
18 Q Do you wear contact lenses or
19 eyeglasses for any reason?
20 A No, I have the problem with my right
21 eye.
22 Q We will get to that.
23 You are claiming that as a result of
24 this accident?
25 A After the accident.
U.S. LEGAL SUPPORT
(8 7 7) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 11
1 Q Right now I am talking about before or
2 anything unrelated, have you ever used any hearing
3 device, hearing aid?
4 A No.
5 Q Have you taken any medication today
6 before you came here today to testify?
7 A I take the medicine for the depression.
8 Q Which one is that?
9 A Sitlopro, (phonetic,) the name, the
10 medicine.
11 Q Xanax, a little blue pill?
12 A No, this is different is etalopram,
13 (phonetic.)
14 MS . WHITE: Can you spell it for
15 us?
16 THE WITNESS : I have a picture of
17 this medicine, this medicine name is
18 MR. VANNELLA: By counsel, it is
19 E-S-C-I-T-A-L-0-T-R-A-M.
20 Q Did you take that this morning?
21 A Yes.
22 Q Do you take that only in the morning or
23 again later?
24 A No only I take the bedtime, the
25 hydroxyzine, because I have 5 medicine.
U. S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 12
1 Q Th is morning, did you take the
2 depression medicine?
3 A Yes.
4 Q Did you take any other medicines this
5 morning?
6 A No.
7 Q Will you take other medicines at night
8 or later in the da t e?
9 A Sorry, repeat.
10 Q Do you normally take another medicine
11 in the evening?
12 A Yes, yes.
13 Q What other medications, do you normally
14 take on a daily basis?
15 A Hydroxyzine.
16 MR. VANNELLA: Hydroxyzine.
17 Q What is that for, if you know?
18 A This is for t he sleep.
19 Q Sleep?
20 A Yes.
21 MR. VANNELLA:
22 A-M-I-T-R-I-P-T-Y-L-I-N-E.
23 MS. WHITE: For the record,
24 counsel is looking at his client's
25 phone.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 13
1 MR. VANNELLA : Right.
2 Q What is that for, Amitriptyline?
3 A Amitriptyline, it is the same for the
4 sleep, this medicine is more stronger than the
5 hydroxyzine. If I do not sleep two nights,
6 sometimes I take this medicine.
7 Q Okay, now what other medicines of the
8 5, you said, do you take?
9 MR. VANNELLA: This one, I think
10 you can pronounce.
11 A This is Lyrica.
12 Q And is that for pain or anxiety or
13 what, if you know?
14 A I am not sure but I think this is for
15 the pain but because my neurologist gave me that.
16 MS. WHITE: Spelling please.
17 Q L-Y-R-I-C-A. And the last, is that
18 Naproxyn.
19 A This is for the pain.
20 Q And, do you take those 5 medications
21 pretty much every day?
22 A I no take everything, because.
23 Q So, the sleep ones, only if you need
24 you take?
25 A Yes, then Naproxen and Lyrica, I take
U.S. LEGAL SUPPORT
( 877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 14
1 if I have the pain in my head.
2 Q And but you take the depression
3 medicine every morning, is that correct?
4 A Yes.
5 Q Aside from those 5 medications, before
6 your accident, did you need to take medications for
7 any medically diagnosed condition, like high blood
B pressure diabetes anything like that?
9 A No.
10 Q Before this accident, did you ever take
11 any anti-depressants?
12 A No.
13 Q Did you ever take any anti-anxiety
14 medication before this ?
15 A No.
16 Q Prior to this accident, did you ever
17 suffer from headaches, any type of headache?
18 A Can you repeat this question?
19 Q Before the accident, did you ever have
20 any type of headache?
21 A No, never.
22 MR. VANNELLA: Your talking about
23 an occasional h eadache?
24 MS. WHEELER: An occasional
25 headache.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 15
1 MR. VANNELLA: Did you ever have
2 a headache not like a migraine, or
3 anything like that?
4 THE WITNESS: Yes, if I sometimes
5 it is the change of weather, sometimes
6 this is the normal.
7 Q You take Tylenol or something like
8 that?
9 A Yes.
10 Q What is your current height and weight?
11 A 6'1. This is the height, and weight
12 is 205, 6, something like that.
13 Q Pounds?
14 A Pounds, yes.
15 Q Since the accident, have you gained
16 anymore than say ten pounds?
17 A No.
18 Q About the same weight, approximately?
19 A Yes. Maybe I have a little bit more
20 weight, because before I sit and I do the sport.
21 Q You are not as active, you may have put
22 on 5 pounds, maybe ten pounds?
23 A Exactly.
24 Q Are you right-handed or left-handed?
25 A Right-handed.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 16
1 Q What is your highest level of
2 education?
3 A I finished the college school in my
4 country.
5 Q How long did you go to college?
6 A 4 years.
7 Q 2010, I started and end 2014.
8 Q Did you receive a degree?
9 A Yes.
10 Q What is that degree in?
11 A This is the Logistics and Transport.
12 This is very popular.
13 Q Did you work at all in Poland in that
14 field before coming here?
15 A I work only part time, because I
16 starting, you know.
17 Q Any other member of your family over
18 here in the US or all in, Poland?
19 A No, only in Poland.
20 Q I assume you also went to high school
21 in Poland?
22 A Yes.
23 Q What city, did you live in?
24 A The city is there -- Warsaw it is
25 close, the Warsaw.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 17
1 Q Near the suburb of Warsaw?
2 A Yes.
3 Q Before you came here today, did you
4 look at any pictures related to your accident?
5 A No.
6 Q That can be you know even if you were
7 just sitting with your attorney. Don't tell me
8 what you discussed, but did you look at photos when
9 you were with your attorney?
10 A Yes.
11 Q Did you review any documents related to
12 your accident?
13 A Can you repeat this question?
14 Q Okay. Did you look at any papers
15 documents filled out?
16 A Yes.
17 Q Do you know the name of the documents
18 that you reviewed before sitting here?
19 A Yes.
20 Q What is it called?
21 Was it an accident report?
22 A Yes, but I have a lot of documents in
23 my house.
24 Q Did you complete the accident report
25 you reviewed, or was it a report someone else
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020
Robert Zaborski
March 29, 2019 18
1 completed?
2 Did you fill it out or did someone else
3 type it?
4 A I don't know. It is me.
5 Q It is your handwriting?
6 A Yes.
7 Q We will get into that in a minute,
8 then.
9 (Marked
Preview
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF KINGS 3 -------------- - ---------- - ----------------------x 4 ROBERT ZABORSKI, 5 Plaintiff, 6 -against- 7 MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, 8 Defendants. 9 --------------- - ---------- - ------------------- - -x 10 CORNERSTONE BUILDERS NY LLC, 11 3rd-Party Plaintiff, 12 -against- 13 NEW YORK BUILDER OF STAIRS, INC., 14 3rd-Party Defendant. 15 ---------------------------------------- - -------x 16 One Pierrepont Plaza 17 Brooklyn, New York 18 March 29, 2019 19 10:00 A.M. 20 21 Deposition of ROBERT ZABORSKI, held 22 at the above time and place, pursuant to Order, taken 23 before a Court Reporter and Notary Public of the State 24 of New York . 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 2 1 2 APPEARANCES: 3 THE PLATTA LAW FIRM Attorneys for Plaintiff . 4 42 Broadway - Suite 1927 New York, New York 10004 5 BY: BRIAN VANNELLA, ESQ. 6 7 MCMAHON MARTINE & GALLAGHER, LLP. Attorneys for Defendant, Cornerstone 8 Builder NY LLC. 55 Washington Street -7th Floor 9 Brooklyn, New York 11201 10 BY: DAWN WHEELER, ESQ. 11 PILLINGER MILLER TARALLO. 12 Attorneys for New York Builder of Stairs, Inc. 13 555 Taxter Road - 5th Floor Elmsford, New York 10523 14 BY: TALEN DADIAN WHITE, ESQ. 15 16 17 18 19 20 21 22 23 24 .,,.--.__ 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 3 1 STIPULATIONS 2 IT IS HEREBY STIPULATED AND AGREED 3 by and between(among) counsel for the respective 4 parties hereto, that all rights provided by the 5 C.P.L.R., including the right to object to any 6 question, except as to form, or to move to strike 7 any testimony at this(these) examination(s), are 8 reserved, and, in addition , the failure to object 9 to any question or to move to strike any testimony 10 at this(these) examination(s) shall not be a bar or 11 waiver to make such motion at, and is reserved for 12 the trial of this action; 13 IT IS FURTHER STIPULATED AND AGREED 14 by and between (among) counsel for the respective 15 parties hereto, that this(these) examination(s) may 16 be sworn to by the witness(es) being examined, 17 before a Notary Public other than the Notary Public 18 before whom this(these) examination(s ) was(were) 19 begun; but the failure to do so, or to return the 20 original of this(these) examination(s) to counsel, 21 shall not be deemed a waiver of the rights provided 22 by Rules 3116 and 3117 of the C.P . L.R., and shall 23 be controlled the reby; 24 IT IS FURTHER STIPULATED AND AGREED 25 by and between(among) counsel for the respective U.S. LEGAL SUPPORT ( 877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 4 1 parties hereto, that this(these) exarnination(s) may 2 be utilized for all purposes as provided by the 3 C.P.L.R.; 4 IT IS FURTHER STIPULATED AND AGREED 5 by and between(among) counsel for the respective 6 parties hereto, that the filing and certification 7 of the original of this(these) examination(s) shall 8 be and the same hereby are waived; 9 IT IS FURTHER STIPULATED AND AGREED 10 by and between(among) counsel for the respective 11 parties hereto , that a copy of the within 12 examination(s) shall be furnished to counsel 13 representing the witness(es) testifying, without 14 charge. 15 16 17 * * * 18 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 5 1 ROBERT ZABORSKI, the Plaintiff, havnin been first 2 duly sworn in by a Notary Public of the State of 3 New York, was examined and testified as follows: 4 EXAMINATION BY 5 MS. WHEELER : 6 Q Would you please state your name for 7 the record? 8 A Robert Zaborski. 9 Q What is your present address? 10 A 66-21 52nd Drive, Masbeth, Queens, New 11 York. 12 MS. WHEELER: Good morning, 13 Mr. Zaborski, my name is Dawn Wheeler, 14 and I am with the law firm of McMahon, 15 Martine & Gallagher, and I am 16 representing Cornerstone Builders, New 17 York LLC, a defendant in a lawsuit that 18 you have brought. Now, today I am going 19 to be asking you a series of questions 20 regarding an accident that is the 21 subject of your lawsuit, and any damages 22 you may have sustained. 23 If at anytime you do not 24 understand my question it is very 25 important that you tell me and I will U.S. LEGAL SUPPORT ( 877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 6 1 rephrase it, because sometimes we use, 2 you know legal speak and it just doesn't 3 sound normal. 4 Always say yes or no don't shake 5 your head or shrug your shoulders 6 because the court reporter cannot take 7 that down. Has to be verbal, as we get 8 going you may anticipate my question do 9 not give a response until I finish, so 10 we have a clear record even if it is a 11 very basic question. 12 Do you understand? 13 THE WITNESS: Yes. 14 At anytime you need to take a 15 break for any reason or to speak with 16 your attorney tell me, and we can do 17 that. I only ask that there not be an 18 open question. When you ask to take a 19 break, you can do so as long as there 20 are no out standing question. 21 THE WITNESS : Okay. 22 Q Have you ever been known by any name 23 other than Robert Zaborski? 24 A Yes, it is me. Can you repeat this 25 question? U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 7 1 Q Have you ever been known by any other 2 name; is it always Robert Zaborski, is there a 3 different translation or a different legal name ? 4 A Yes, legal name. 5 Q Robert is your legal name? 6 A Yes. 7 Q No Polish version of Robert? 8 A No. 9 Q And Zabaorski, is your last name your 10 only last name? 11 A Yes, it is my last name. 12 Q What is your date of birth? 13 A 14 MR. VANNELLA: Put the year on 15 the record. 16 Q Try to speak a little slow to be sure 17 we can get it, okay? 18 A Okay, I am so sorry. This is my first 19 time. 20 Q And your soc ial security number only 21 the last 4 on that. 22 23 24 25 A I get the visa, but I forget what kind U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 8 1 of visa, because it was there 5 years ago . 2 Q So when was it that you came to the US? 3 A I come here 2014. 4 Q Do you know what month? 5 A Yes, it was September. 6 Q Of 2014? 7 A '17 of September, exactly. 8 Q And, when you came to the United 9 States, that was from Poland, is that correct? 10 A Yes. 11 Q And were you born in Poland? 12 A Yes. 13 Q Did you live prior to 2014 in Poland 14 exclusively or did you live in other countries? 15 A No , I did live only in Poland. 16 Q When you came to the US in 2014, did 17 any other family member or friend come with you? 18 A No, I come here because I have the one 19 friends . 20 Q You came here you had friends in the 21 US? 22 A Yes. 23 Q They were, from Poland? 24 A No, they live here, but his mother live 25 in Poland and we are friends. U . S. LEGAL SUPPORT ( 877) 479-2484 ---------------- - .. . FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 9 1 Q He is in the United States? 2 A Yes. 3 Q So you came here alone. 4 Are you married? s A No. 6 Q Have you ever been married? 7 A No. 8 Q Never? 9 A No. 10 Q Currently, where you live is that an 11 apartment or a house? 12 A I live in the basement. 13 Q Is it a house though? 14 A Yes, two family house. 15 Q It is a basement apartment? 16 A Yes. 17 Q Do you have steps to go down into it? 18 A Only two steps. Ground zero. 19 Q Does anybody live there with you at 20 this time? 21 A No. 22 Q Have you lived at that address your 23 entire time in the US? 24 A No, this is my first address. 25 Q So in the 4 years, have you only lived U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 10 1 there? 2 A Yes. 3 Q That is the only place you have resided 4 since 2014? 5 A No. 6 Q Where else did you live in the US? 7 A I started live in, Maspeth. You know 8 this address when I gave you and I never changed my 9 place. 10 Q Always been there? 11 A Yes. 12 Q Has anyone ever lived there with you? 13 A No. 14 Q Were you ever married in Poland? 15 A No. 16 Q Do you have any children? 17 A No. 18 Q Do you wear contact lenses or 19 eyeglasses for any reason? 20 A No, I have the problem with my right 21 eye. 22 Q We will get to that. 23 You are claiming that as a result of 24 this accident? 25 A After the accident. U.S. LEGAL SUPPORT (8 7 7) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 11 1 Q Right now I am talking about before or 2 anything unrelated, have you ever used any hearing 3 device, hearing aid? 4 A No. 5 Q Have you taken any medication today 6 before you came here today to testify? 7 A I take the medicine for the depression. 8 Q Which one is that? 9 A Sitlopro, (phonetic,) the name, the 10 medicine. 11 Q Xanax, a little blue pill? 12 A No, this is different is etalopram, 13 (phonetic.) 14 MS . WHITE: Can you spell it for 15 us? 16 THE WITNESS : I have a picture of 17 this medicine, this medicine name is 18 MR. VANNELLA: By counsel, it is 19 E-S-C-I-T-A-L-0-T-R-A-M. 20 Q Did you take that this morning? 21 A Yes. 22 Q Do you take that only in the morning or 23 again later? 24 A No only I take the bedtime, the 25 hydroxyzine, because I have 5 medicine. U. S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 12 1 Q Th is morning, did you take the 2 depression medicine? 3 A Yes. 4 Q Did you take any other medicines this 5 morning? 6 A No. 7 Q Will you take other medicines at night 8 or later in the da t e? 9 A Sorry, repeat. 10 Q Do you normally take another medicine 11 in the evening? 12 A Yes, yes. 13 Q What other medications, do you normally 14 take on a daily basis? 15 A Hydroxyzine. 16 MR. VANNELLA: Hydroxyzine. 17 Q What is that for, if you know? 18 A This is for t he sleep. 19 Q Sleep? 20 A Yes. 21 MR. VANNELLA: 22 A-M-I-T-R-I-P-T-Y-L-I-N-E. 23 MS. WHITE: For the record, 24 counsel is looking at his client's 25 phone. U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 13 1 MR. VANNELLA : Right. 2 Q What is that for, Amitriptyline? 3 A Amitriptyline, it is the same for the 4 sleep, this medicine is more stronger than the 5 hydroxyzine. If I do not sleep two nights, 6 sometimes I take this medicine. 7 Q Okay, now what other medicines of the 8 5, you said, do you take? 9 MR. VANNELLA: This one, I think 10 you can pronounce. 11 A This is Lyrica. 12 Q And is that for pain or anxiety or 13 what, if you know? 14 A I am not sure but I think this is for 15 the pain but because my neurologist gave me that. 16 MS. WHITE: Spelling please. 17 Q L-Y-R-I-C-A. And the last, is that 18 Naproxyn. 19 A This is for the pain. 20 Q And, do you take those 5 medications 21 pretty much every day? 22 A I no take everything, because. 23 Q So, the sleep ones, only if you need 24 you take? 25 A Yes, then Naproxen and Lyrica, I take U.S. LEGAL SUPPORT ( 877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 14 1 if I have the pain in my head. 2 Q And but you take the depression 3 medicine every morning, is that correct? 4 A Yes. 5 Q Aside from those 5 medications, before 6 your accident, did you need to take medications for 7 any medically diagnosed condition, like high blood B pressure diabetes anything like that? 9 A No. 10 Q Before this accident, did you ever take 11 any anti-depressants? 12 A No. 13 Q Did you ever take any anti-anxiety 14 medication before this ? 15 A No. 16 Q Prior to this accident, did you ever 17 suffer from headaches, any type of headache? 18 A Can you repeat this question? 19 Q Before the accident, did you ever have 20 any type of headache? 21 A No, never. 22 MR. VANNELLA: Your talking about 23 an occasional h eadache? 24 MS. WHEELER: An occasional 25 headache. U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 15 1 MR. VANNELLA: Did you ever have 2 a headache not like a migraine, or 3 anything like that? 4 THE WITNESS: Yes, if I sometimes 5 it is the change of weather, sometimes 6 this is the normal. 7 Q You take Tylenol or something like 8 that? 9 A Yes. 10 Q What is your current height and weight? 11 A 6'1. This is the height, and weight 12 is 205, 6, something like that. 13 Q Pounds? 14 A Pounds, yes. 15 Q Since the accident, have you gained 16 anymore than say ten pounds? 17 A No. 18 Q About the same weight, approximately? 19 A Yes. Maybe I have a little bit more 20 weight, because before I sit and I do the sport. 21 Q You are not as active, you may have put 22 on 5 pounds, maybe ten pounds? 23 A Exactly. 24 Q Are you right-handed or left-handed? 25 A Right-handed. U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 16 1 Q What is your highest level of 2 education? 3 A I finished the college school in my 4 country. 5 Q How long did you go to college? 6 A 4 years. 7 Q 2010, I started and end 2014. 8 Q Did you receive a degree? 9 A Yes. 10 Q What is that degree in? 11 A This is the Logistics and Transport. 12 This is very popular. 13 Q Did you work at all in Poland in that 14 field before coming here? 15 A I work only part time, because I 16 starting, you know. 17 Q Any other member of your family over 18 here in the US or all in, Poland? 19 A No, only in Poland. 20 Q I assume you also went to high school 21 in Poland? 22 A Yes. 23 Q What city, did you live in? 24 A The city is there -- Warsaw it is 25 close, the Warsaw. U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 17 1 Q Near the suburb of Warsaw? 2 A Yes. 3 Q Before you came here today, did you 4 look at any pictures related to your accident? 5 A No. 6 Q That can be you know even if you were 7 just sitting with your attorney. Don't tell me 8 what you discussed, but did you look at photos when 9 you were with your attorney? 10 A Yes. 11 Q Did you review any documents related to 12 your accident? 13 A Can you repeat this question? 14 Q Okay. Did you look at any papers 15 documents filled out? 16 A Yes. 17 Q Do you know the name of the documents 18 that you reviewed before sitting here? 19 A Yes. 20 Q What is it called? 21 Was it an accident report? 22 A Yes, but I have a lot of documents in 23 my house. 24 Q Did you complete the accident report 25 you reviewed, or was it a report someone else U.S. LEGAL SUPPORT (877) 479-2484 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2020 Robert Zaborski March 29, 2019 18 1 completed? 2 Did you fill it out or did someone else 3 type it? 4 A I don't know. It is me. 5 Q It is your handwriting? 6 A Yes. 7 Q We will get into that in a minute, 8 then. 9 (Marked