Preview
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
EXHIBIT G
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK }
COUNTY OF SUFFOLK } ss.:
I,ANA ESPITIA, being duly sworn, depose and state:That I am not a party to thisaction,
am over 18 years of age, and reside in Suffolk County, New York.
That on July 29, 2022, I served the within LETTER DEMANDING THAT DEFENDANT
SIGN THE DEPOSITION TRANSCRIPT WITHIN SIXTY (60) DAYS, upon:
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for Defendants
HOMEPRO EXTERIORS INC. AND OMAR
RAMOS MENDOZA
100 Manhattanville Road, Suite 4E20
Purchase, NY 10577
the address designated by said party(s) or attorney(s) for that purpose:
[ ] by depositing a true copy of the same, enclosed in a post-paid properly addressed wrapper, VIA
FIRST CLASS MAIL, in a post office depository under the exclusive care of the United States
Postal Service within the State ofNew York.
[ ] by depositing a true copy of the same, enclosed in a post-paid properly addressed CERTIFIED
MAIL/RETURN RECEIPT wrapper, in a post office depository under the exclusive care of the
United States Postal Service within the State of New York.
[X) by dispatching a copy by overnight delivery via UPS OVERNIGHT MAIL to the parties above
named at the address so indicated.
[ ] by PERSONALLY delivering a true copy of same to each person above named at the address so
indicated. I knew each person mentioned and described in said papers a party therein;
[ ] by transmitting a true copy ofsame to theparties above named by FAX transmission at thefacsimile
number so designated by said parties.
Sworn to before me on Cdbl/ , 2022
NOTAR PUBLIC ANA ESPITIA
RAYMOND J SURIS
PUBLIC-STATE OF NEW YORK
NOTARY
No.02SU6106409
Qualifiedin Suffolk County
CommissionExpires03-01-2024
My
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
SURIS &ASSOCIATES
ATTO RN EYS AT L AW
" Melville " New York " Williamsville " Rockville Centre " Westhampton Beach " Philadelphia "
395 North Service Road, Suite 302
Melville, New York 11747
Raymond J. Suris, Esq.* Of Counsel
Zandra D'Ambrosio,
Esq. ** Telephone 423-9700 Jonathan Manfre, Esq.
(631)
Crystal Young, Esq. Fax (631) 423-9765 Gregory Wayne Kalrnar,
, Esq.
Brian Murtha, Esq.
Raymond W. Peters, Esq.** t www.SurisLaw.com
Thornas Frederico, Esq.
Pamela Zambrano Cuzzone, Esq.
Daniel Opisso, Esq.
Maria Zambrano Steinhaus,Esq. t
Daniel P. Pembroke, Esq.
Damian Ramos, Esq. tt
Robert Mitchell, Esq.
Christine Raffa, J.D.
*Alsoadmitted
in NewJersey
**Alsoadmitted
inConnecticut
inMassachusetts
Alsoadmitted
in Florida
[-Alsoadmitted
t AlsoAdmitted
inPennsyhania
July 29, 2022
Via UPS 1Z14Y5160298620067
Milber Makris Plousadis & Seiden LLP
100 Manhattanville Road
Suite 4E20
Purchase, NY 10577
RE: Hafner v. HomePro Exteriors Inc.
D/LOSS: 05/27/2021
OUR FILE NO.: 4027891AE
Dear Counselor:
Enclosed herewith please findthe original copy of the testimony given by your clientat theExamination Before Trial
in the above matter.
Please have your clientexecute the original and then returnitto us as soon as possible.
Please take notice thatfailure to returnthe signed transcriptwithin sixty (60) days will permit our use of the deposition
at thetrialas ifsigned, pursuant to C.P.L.R. 3116 (a) and will be ised for any other purposes permitted under the
C.P.L.R.
Please take further notice that miless a transcript iscorrected within sixty (60) days, no corrections may be made to the
transcript pursuant to C.P.L.R. 3116 (a).
Should you have any questions or concerns, please do not hesitate to contact the undersigned.
Very truly yours,
Ana Espitia
Suris & Associates, P.C.
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------------------x
LAURIE HAFNER,
Plaintiff,
Index No.
- against - EFOO5199-2021
HOMEPRO EXTERIORS INC. and OMAR RAMOS
MENDOZA,
Defendants.
July 18, 2022
10:44 a.m.
DEPOSITION VIA ZOOM VIDEOCONFERENCING of
OMAR RAMOS MENDOZA, Defendant, 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 Saige M. Porcelli, a Stenotype
Reporter and Notary Public within and for the State of
New York.
Enright Court Reporting (631) 589-7788
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
2
1 2
2 A P P E A R A N C E S:
3
4 SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
5 395 North Service Road - Suite 302
Melville, New York 11747
6
BY: DANIEL OPISSO, ESQ.
7 (Via Zoom Videoconferencing)
8
MILBER, MAKRIS, PLOUSADIS & SEIDEN, LLP
9 Attorneys for Defendants
Manhattanville Road - Suite 4E20
100
10 Purchase, New York 10577
11 BY: CHRISTOPHER FLYNN, ESQ.
(Via Zoom Videoconferencing)
12
13
14
15
16
17 A L S O P R E S E N T:
18 Maria Mastropaolo- Spanish interpreter with Eiber
Translations
19
20
21
22
23
24
25
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
3
1 3
2 S T I P U L A T I O N S
3 IT IS HEREBY STIPULATED, by and between the attorneys
4 for the respective parties hereto, that:
5 All rights provided by the C.P.L.R., and Part 221 of
6 the Uniform Rules for the Conduct of Depositions,
7 including the right to object to any question, except as to
8 form, or to move to strike any testimony at this examination
9 is reserved; and in addition, the failure to object to any
10 question or to move to strike any testimony at this
11 examination shall not be a bar or waiver to make such
12 motion at, and is reserved to, the trial of this action.
13 This deposition may be sworn to by the witness being
14 examined before a Notary Public other than the Notary Public
15 before whom this examination was begun,
16 but the failure to do so or to return the original of this
17 deposition to counsel, shall not be deemed a waiver of the
18 rights provided by Rule 3116 of the C.P.L.R., and shall be
19 controlled thereby. The filing of the original of this
20 deposition is waived.
21 IT IS FURTHER STIPULATED, that a copy of this
22 examination shall be furnished to the attorney for the
23 witness being examined without charge.
24
25
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
4
1 4
2 P R O C E E D I N G S
3 THE REPORTER: The attorneys participating
4 in this deposition acknowledge that I am not
5 physically present in the deposition room and
6 that I will be reporting this deposition
7 remotely.
8 They further acknowledge that, in lieu of an
9 oath administered in person, I will administer
10 the oath remotely.
11 The parties and their counsel consent to this
12 arrangement and waive any objections to this
13 manner of reporting. Please indicate your
14 agreement by stating your name and your agreement
15 on the record.
16 MR. OPISSO: Agreed.
17 MR. FLYNN: Agreed.
18
19
20
21
22
23
24
25
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
S
1 5
2 M A R I A M A S T R O P A O L O,
3 the Spanish Interpreter herein, was sworn to
duly
4 interpret the questions from English into Spanish
5 and the answers from Spanish into English, to the
6 best of her ability:
7 O M A R R A M O S M E N D O Z A,
8 having first been duly sworn by the Notary
9 Public, in and of the State of New York,
10 was examined and testified as follows:
11 THE COURT REPORTER: Please state your name
12 for the record.
13 THE WITNESS: Omar Ramos Mendoza.
14 THE COURT REPORTER: Please state your
15 address for the record.
16 THE WITNESS: 421 South Street, Newburgh,
17 New York 12550.
18 EXAMINATION BY
19 MR. OPISSO:
20 Q Good morning, Mr. Mendoza.
21 A Good morning.
22 Q My name is Daniel Opisso, I an an attorney that
23 represents one of the parties in the lawsuit that brings
24 us here today. I'm to be you some
going asking
25 questions about an accident that I understand you were
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
6
1 Omar Ramos Mendoza 6
2 involved in on May 27th, 2021, as well as some
3 additional background questions. If you don't
4 understand any of the questions that I ask, please let
5 me know and I will do my best to try to rephrase them.
6 Obviously, we have the assistance of a Spanish
7 interpreter, I'm going to ask that even if you know some
8 English, which I am sure that you do know a little
9 English, I am going to ask that you try to focus on what
10 the interpreter says, rather than answer my question
11 before the question is fully interpreted to you.
12 A Okay.
13 Q If you have any difficulty understanding the
14 interpreter, please just let us know.
15 A Okay.
16 Q Thank you. How long have you lived at 421 South
17 Street in Newburgh?
18 A Around eight years, I do not recall very well.
19 Q Who do you live there with?
20 A My wife and children.
21 Q How many kids do you have?
22 A Two.
23 Q Are you currently employed?
24 A Yes.
25 Q Who do you work for?
........._
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
7
1 Omar Ramos Mendoza 7
2 A Homepro Exteriors.
3 Q How long have you worked for Homepro Exteriors?
4 A I do not recall, but more or less around three
5 years.
6 Q Were you employed prior to working for Homepro
7 Exteriors?
8 A For another construction company that I do not
9 recall the name.
10 Q What is your current position with Homepro
11 Exteriors?
12 A Labor and construction worker.
13 Q Is it the same position that you had back in May
14 of 2021?
15 A Yes.
16 Q How many people work for Homepro Exteriors?
17 A I don't know.
18 Q Do you know how many people work in the same job
19 that you work, in labor and construction?
20 A No.
21 Q Where is your office?
22 A What office?
23 Q Where are you right now as you take this
24 deposition?
25 A At the office where I work.
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8
1 Omar Ramos Mendoza 8
2 Q What is the address of that office?
3 A 541 17M.
4 Q What town?
5 A Middletown, New York.
6 Q Does Homepro Exteriors have any other offices
7 other than 541 17M in Middletown?
8 A Not that I know of.
9 Q Do you work in a crew on a daily basis, a crew of
10 different employees?
11 A No.
12 Q Do you know whether or not the amount of laborers
13 that work for Homepro Exteriors is more or less than
14 ten?
15 A Perhaps less.
16 Q Who owns Homepro Exteriors, to your knowledge?
17 A I know the name, but not the last name.
18 Q What's the name?
19 A Bill.
20 Q Is Bill in the office right now?
21 A Yes.
22 Q Does Homepro Exteriors, as of May of 2021, did
23 they own any vehicles?
24 A I don't understand the question.
25 Q How many trucks does the company have, that it
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
9
1 Omar Ramos Mendoza 9
2 uses for it's business?
3 A I am not sure, but something about four.
4 Q Did they own about four trucks in May of 2021?
5 A I do not recall.
6 . Q On May 27th, 2021, were you employed by Homepro
7 Exteriors?
8 A Yes.
9 Q Do you recall what day of the week that was?
10 A No.
11 Q If I told you that there has been some testimony
12 in this case that indicated that it was a Thursday, do
13 you have any reason to believe that that's not the case?
14 A I'm sorry, I wouldn't be able to tell you because
15 I don't recall what day that was.
16 Q As of May 2021, did you have a regular schedule
17 at Homepro Exteriors?
18 A Could you please repeat the question?
19 Q As of May of 2021, at Homepro Exteriors, did you
20 work Monday through Friday?
21 A Yes.
22 Q And did you report to work at the same time
23 everyday?
24 A Yes.
25 Q And as of May 2021, what time did you report to
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
10
1 Omar Ramos Mendoza 10
2 work everyday?
3 A 7:30, I believe.
4 Q What time do you report to work everyday now?
5 A Same time.
6 Q 7:30?
7 A Yes.
8 Q As of May of 2021, did you ever have an
9 to work overtime?
opportunity
10 A No.
11 Q Do you recall what time you left work on
12 May 26th, 2021?
13 A I don't recall.
14 Q Do you recall where you slept on May 26th, 2021,
15 prior to when you reported to work on May 27th?
16 A At my home.
17 Q What time, as of May 2021, did you leave work
18 everyday?
19 A Again, please.
20 Q What time did you get off work; back in May of
21 2021, what time did you get off work everyday?
22 A I don't have a fixed schedule.
23 Q Do you recall what time you got off work on
24 May 26th, 2021?
25 A I don't recall.
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
11
1 Omar Ramos Mendoza 11
2 Q Do you recall what time you got home on
3 May 26th, 2021?
4 A No, I don't recall that either.
5 Q As a regular practice, do you go back to the
6 office before you go home or do you go straight from a
7 job site to home?
8 A No, to the office.
9 Q As of May 2021, did the office keep track of the
10 time that you worked through a timecard or a punch card
11 or something like that?
12 A yes, they always have it.
13 Q Is it a card, is it a timecard that you stick
14 into a machine?
15 A No, it's a machine, but you have to put your
16 fingertip.
17 Q Was the time clock that sensed your fingertip
18 installed before you starting working there?
19 A I don't recall.
20 Q Do you recall whether it was there as of May of
21 2021?
22 A It looks like it was.
23 Q Who within the office monitors the time clock?
24 A I don't know.
25 Q Do you recall what time you went to bed on
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
12
1 Omar Ramos Mendoza 12
2 May 26th, 2021?
3 A I don't remember.
4 Q During that time, did you carpool to work with
5 anybody?
6 A I don't understand the question.
7 Q At that time, back in May of 2021, would you
8 drive into work with any other workers that lived near
9 you?
10 A No.
11 Q Did you drive to work?
12 A Yes.
13 Q How far is the office from your house?
14 A About 30 minutes.
15 Q Do you know what time you got to work on
16 May 27th, 2021?
17 A Perhaps around 7:30.
18 Q What is the routine when you first get into work
19 as of May 2021?
20 A I don't have a routine.
21 Q Well, is the first thing that you do is clock in?
22 A It's different everyday.
23 Q Do you have a locker at the office?
24 A No.
25 Q Do you clock in at the office before you go to a
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
13
1 Omar Ramos Mendoza 13
2 job site every morning?
3 A Yes.
4 Q Do you recall where you were working on
5 May 27th, 2021, the day that this accident occurred,
6 where you were supposed to be working?
7 A I do not recall specifically the location.
8 Q Do you recall whether or not that location was a
9 job that you had been to prior to May 27th or was that
10 the first day that you were supposed to go there?
11 A I didn't understand your question.
12 Q On May 27th, on the date of the accident, were
13 you on your way to a job site when the accident
14 happened?
15 A Yes.
16 Q Do you recall whether or not you have ever been
17 to that job site prior to that morning that you got into
18 the accident?
19 A To that town, always, but the location, I don't
20 recall the address.
21 Q What town was it that you were going to?
22 A I believe it was Newburgh.
23 Q What were your instructions when you got to the
24 job location?
25 A Bring material.
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14
1 Omar Ramos Mendoza 14
2 Q Did you have to load up a truck with material
3 prior to leaving the office?
4 A No.
5 Q What material did you have to bring to the job
6 site?
7 A Materials to work on roofs.
8 Q Did you have to bring roofing shingles?
9 A Yes.
10 Q Did you have to bring plywood?
11 A I do not recall.
12 Q Who gave you the instructions to go to the house
13 in Newburgh?
14 A Do not recall.
15 Q What time did you leave the office on
16 May 27th, 2021, the morning of the accident?
17 A I don't recall.
18 Q Do you recall if there was anyone else in the car
19 with you or in the vehicle with you when you got in the
20 accident?
21 A No, I was alone.
22 Q Were you driving the car when you got in the
23 accident that morning?
24 A Yes.
25 Q Describe the vehicle that you were driving.
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022
15
1 Omar Ramos Mendoza 15
2 A Dump truck.
3 Q Does that dump truck have a hydraulic lift?
4 A Yes.
5 Q Were the materials loaded into the dump truck
6 before you left the office?
7 A Yes.
8 Q Who loaded the materials into the back of the
9 dump truck?
10 A That is put there where they buy the material.
11 Q Do you know the make and model of the dump truck
12 that you were driving that morning?
13 A No.
14 Q Is that vehicle still owned by Homepro Exteriors,
15 to your knowledge?
16 A Yes.
17 Q Had you driven that truck prior to
18 May 27th, 2021?
19 A Yes.
20 Q Have you ever experienced any mechanical
21 difficulties with that truck prior to May 27th, 2021?
22 A No.
23 Q Did you have a New York State driver's license as
24 of May 27th, 2021?
25 A Yes.
Preview
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 EXHIBIT G FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK } COUNTY OF SUFFOLK } ss.: I,ANA ESPITIA, being duly sworn, depose and state:That I am not a party to thisaction, am over 18 years of age, and reside in Suffolk County, New York. That on July 29, 2022, I served the within LETTER DEMANDING THAT DEFENDANT SIGN THE DEPOSITION TRANSCRIPT WITHIN SIXTY (60) DAYS, upon: MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Defendants HOMEPRO EXTERIORS INC. AND OMAR RAMOS MENDOZA 100 Manhattanville Road, Suite 4E20 Purchase, NY 10577 the address designated by said party(s) or attorney(s) for that purpose: [ ] by depositing a true copy of the same, enclosed in a post-paid properly addressed wrapper, VIA FIRST CLASS MAIL, in a post office depository under the exclusive care of the United States Postal Service within the State ofNew York. [ ] by depositing a true copy of the same, enclosed in a post-paid properly addressed CERTIFIED MAIL/RETURN RECEIPT wrapper, in a post office depository under the exclusive care of the United States Postal Service within the State of New York. [X) by dispatching a copy by overnight delivery via UPS OVERNIGHT MAIL to the parties above named at the address so indicated. [ ] by PERSONALLY delivering a true copy of same to each person above named at the address so indicated. I knew each person mentioned and described in said papers a party therein; [ ] by transmitting a true copy ofsame to theparties above named by FAX transmission at thefacsimile number so designated by said parties. Sworn to before me on Cdbl/ , 2022 NOTAR PUBLIC ANA ESPITIA RAYMOND J SURIS PUBLIC-STATE OF NEW YORK NOTARY No.02SU6106409 Qualifiedin Suffolk County CommissionExpires03-01-2024 My FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 SURIS &ASSOCIATES ATTO RN EYS AT L AW " Melville " New York " Williamsville " Rockville Centre " Westhampton Beach " Philadelphia " 395 North Service Road, Suite 302 Melville, New York 11747 Raymond J. Suris, Esq.* Of Counsel Zandra D'Ambrosio, Esq. ** Telephone 423-9700 Jonathan Manfre, Esq. (631) Crystal Young, Esq. Fax (631) 423-9765 Gregory Wayne Kalrnar, , Esq. Brian Murtha, Esq. Raymond W. Peters, Esq.** t www.SurisLaw.com Thornas Frederico, Esq. Pamela Zambrano Cuzzone, Esq. Daniel Opisso, Esq. Maria Zambrano Steinhaus,Esq. t Daniel P. Pembroke, Esq. Damian Ramos, Esq. tt Robert Mitchell, Esq. Christine Raffa, J.D. *Alsoadmitted in NewJersey **Alsoadmitted inConnecticut inMassachusetts Alsoadmitted in Florida [-Alsoadmitted t AlsoAdmitted inPennsyhania July 29, 2022 Via UPS 1Z14Y5160298620067 Milber Makris Plousadis & Seiden LLP 100 Manhattanville Road Suite 4E20 Purchase, NY 10577 RE: Hafner v. HomePro Exteriors Inc. D/LOSS: 05/27/2021 OUR FILE NO.: 4027891AE Dear Counselor: Enclosed herewith please findthe original copy of the testimony given by your clientat theExamination Before Trial in the above matter. Please have your clientexecute the original and then returnitto us as soon as possible. Please take notice thatfailure to returnthe signed transcriptwithin sixty (60) days will permit our use of the deposition at thetrialas ifsigned, pursuant to C.P.L.R. 3116 (a) and will be ised for any other purposes permitted under the C.P.L.R. Please take further notice that miless a transcript iscorrected within sixty (60) days, no corrections may be made to the transcript pursuant to C.P.L.R. 3116 (a). Should you have any questions or concerns, please do not hesitate to contact the undersigned. Very truly yours, Ana Espitia Suris & Associates, P.C. FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE --------------------------------------------x LAURIE HAFNER, Plaintiff, Index No. - against - EFOO5199-2021 HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, Defendants. July 18, 2022 10:44 a.m. DEPOSITION VIA ZOOM VIDEOCONFERENCING of OMAR RAMOS MENDOZA, Defendant, 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 Saige M. Porcelli, a Stenotype Reporter and Notary Public within and for the State of New York. Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 2 1 2 2 A P P E A R A N C E S: 3 4 SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 5 395 North Service Road - Suite 302 Melville, New York 11747 6 BY: DANIEL OPISSO, ESQ. 7 (Via Zoom Videoconferencing) 8 MILBER, MAKRIS, PLOUSADIS & SEIDEN, LLP 9 Attorneys for Defendants Manhattanville Road - Suite 4E20 100 10 Purchase, New York 10577 11 BY: CHRISTOPHER FLYNN, ESQ. (Via Zoom Videoconferencing) 12 13 14 15 16 17 A L S O P R E S E N T: 18 Maria Mastropaolo- Spanish interpreter with Eiber Translations 19 20 21 22 23 24 25 EnrightCourt Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 3 1 3 2 S T I P U L A T I O N S 3 IT IS HEREBY STIPULATED, by and between the attorneys 4 for the respective parties hereto, that: 5 All rights provided by the C.P.L.R., and Part 221 of 6 the Uniform Rules for the Conduct of Depositions, 7 including the right to object to any question, except as to 8 form, or to move to strike any testimony at this examination 9 is reserved; and in addition, the failure to object to any 10 question or to move to strike any testimony at this 11 examination shall not be a bar or waiver to make such 12 motion at, and is reserved to, the trial of this action. 13 This deposition may be sworn to by the witness being 14 examined before a Notary Public other than the Notary Public 15 before whom this examination was begun, 16 but the failure to do so or to return the original of this 17 deposition to counsel, shall not be deemed a waiver of the 18 rights provided by Rule 3116 of the C.P.L.R., and shall be 19 controlled thereby. The filing of the original of this 20 deposition is waived. 21 IT IS FURTHER STIPULATED, that a copy of this 22 examination shall be furnished to the attorney for the 23 witness being examined without charge. 24 25 Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 4 1 4 2 P R O C E E D I N G S 3 THE REPORTER: The attorneys participating 4 in this deposition acknowledge that I am not 5 physically present in the deposition room and 6 that I will be reporting this deposition 7 remotely. 8 They further acknowledge that, in lieu of an 9 oath administered in person, I will administer 10 the oath remotely. 11 The parties and their counsel consent to this 12 arrangement and waive any objections to this 13 manner of reporting. Please indicate your 14 agreement by stating your name and your agreement 15 on the record. 16 MR. OPISSO: Agreed. 17 MR. FLYNN: Agreed. 18 19 20 21 22 23 24 25 Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 S 1 5 2 M A R I A M A S T R O P A O L O, 3 the Spanish Interpreter herein, was sworn to duly 4 interpret the questions from English into Spanish 5 and the answers from Spanish into English, to the 6 best of her ability: 7 O M A R R A M O S M E N D O Z A, 8 having first been duly sworn by the Notary 9 Public, in and of the State of New York, 10 was examined and testified as follows: 11 THE COURT REPORTER: Please state your name 12 for the record. 13 THE WITNESS: Omar Ramos Mendoza. 14 THE COURT REPORTER: Please state your 15 address for the record. 16 THE WITNESS: 421 South Street, Newburgh, 17 New York 12550. 18 EXAMINATION BY 19 MR. OPISSO: 20 Q Good morning, Mr. Mendoza. 21 A Good morning. 22 Q My name is Daniel Opisso, I an an attorney that 23 represents one of the parties in the lawsuit that brings 24 us here today. I'm to be you some going asking 25 questions about an accident that I understand you were Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 6 1 Omar Ramos Mendoza 6 2 involved in on May 27th, 2021, as well as some 3 additional background questions. If you don't 4 understand any of the questions that I ask, please let 5 me know and I will do my best to try to rephrase them. 6 Obviously, we have the assistance of a Spanish 7 interpreter, I'm going to ask that even if you know some 8 English, which I am sure that you do know a little 9 English, I am going to ask that you try to focus on what 10 the interpreter says, rather than answer my question 11 before the question is fully interpreted to you. 12 A Okay. 13 Q If you have any difficulty understanding the 14 interpreter, please just let us know. 15 A Okay. 16 Q Thank you. How long have you lived at 421 South 17 Street in Newburgh? 18 A Around eight years, I do not recall very well. 19 Q Who do you live there with? 20 A My wife and children. 21 Q How many kids do you have? 22 A Two. 23 Q Are you currently employed? 24 A Yes. 25 Q Who do you work for? ........._ Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 7 1 Omar Ramos Mendoza 7 2 A Homepro Exteriors. 3 Q How long have you worked for Homepro Exteriors? 4 A I do not recall, but more or less around three 5 years. 6 Q Were you employed prior to working for Homepro 7 Exteriors? 8 A For another construction company that I do not 9 recall the name. 10 Q What is your current position with Homepro 11 Exteriors? 12 A Labor and construction worker. 13 Q Is it the same position that you had back in May 14 of 2021? 15 A Yes. 16 Q How many people work for Homepro Exteriors? 17 A I don't know. 18 Q Do you know how many people work in the same job 19 that you work, in labor and construction? 20 A No. 21 Q Where is your office? 22 A What office? 23 Q Where are you right now as you take this 24 deposition? 25 A At the office where I work. Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 8 1 Omar Ramos Mendoza 8 2 Q What is the address of that office? 3 A 541 17M. 4 Q What town? 5 A Middletown, New York. 6 Q Does Homepro Exteriors have any other offices 7 other than 541 17M in Middletown? 8 A Not that I know of. 9 Q Do you work in a crew on a daily basis, a crew of 10 different employees? 11 A No. 12 Q Do you know whether or not the amount of laborers 13 that work for Homepro Exteriors is more or less than 14 ten? 15 A Perhaps less. 16 Q Who owns Homepro Exteriors, to your knowledge? 17 A I know the name, but not the last name. 18 Q What's the name? 19 A Bill. 20 Q Is Bill in the office right now? 21 A Yes. 22 Q Does Homepro Exteriors, as of May of 2021, did 23 they own any vehicles? 24 A I don't understand the question. 25 Q How many trucks does the company have, that it Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 9 1 Omar Ramos Mendoza 9 2 uses for it's business? 3 A I am not sure, but something about four. 4 Q Did they own about four trucks in May of 2021? 5 A I do not recall. 6 . Q On May 27th, 2021, were you employed by Homepro 7 Exteriors? 8 A Yes. 9 Q Do you recall what day of the week that was? 10 A No. 11 Q If I told you that there has been some testimony 12 in this case that indicated that it was a Thursday, do 13 you have any reason to believe that that's not the case? 14 A I'm sorry, I wouldn't be able to tell you because 15 I don't recall what day that was. 16 Q As of May 2021, did you have a regular schedule 17 at Homepro Exteriors? 18 A Could you please repeat the question? 19 Q As of May of 2021, at Homepro Exteriors, did you 20 work Monday through Friday? 21 A Yes. 22 Q And did you report to work at the same time 23 everyday? 24 A Yes. 25 Q And as of May 2021, what time did you report to Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 10 1 Omar Ramos Mendoza 10 2 work everyday? 3 A 7:30, I believe. 4 Q What time do you report to work everyday now? 5 A Same time. 6 Q 7:30? 7 A Yes. 8 Q As of May of 2021, did you ever have an 9 to work overtime? opportunity 10 A No. 11 Q Do you recall what time you left work on 12 May 26th, 2021? 13 A I don't recall. 14 Q Do you recall where you slept on May 26th, 2021, 15 prior to when you reported to work on May 27th? 16 A At my home. 17 Q What time, as of May 2021, did you leave work 18 everyday? 19 A Again, please. 20 Q What time did you get off work; back in May of 21 2021, what time did you get off work everyday? 22 A I don't have a fixed schedule. 23 Q Do you recall what time you got off work on 24 May 26th, 2021? 25 A I don't recall. Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 11 1 Omar Ramos Mendoza 11 2 Q Do you recall what time you got home on 3 May 26th, 2021? 4 A No, I don't recall that either. 5 Q As a regular practice, do you go back to the 6 office before you go home or do you go straight from a 7 job site to home? 8 A No, to the office. 9 Q As of May 2021, did the office keep track of the 10 time that you worked through a timecard or a punch card 11 or something like that? 12 A yes, they always have it. 13 Q Is it a card, is it a timecard that you stick 14 into a machine? 15 A No, it's a machine, but you have to put your 16 fingertip. 17 Q Was the time clock that sensed your fingertip 18 installed before you starting working there? 19 A I don't recall. 20 Q Do you recall whether it was there as of May of 21 2021? 22 A It looks like it was. 23 Q Who within the office monitors the time clock? 24 A I don't know. 25 Q Do you recall what time you went to bed on Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 12 1 Omar Ramos Mendoza 12 2 May 26th, 2021? 3 A I don't remember. 4 Q During that time, did you carpool to work with 5 anybody? 6 A I don't understand the question. 7 Q At that time, back in May of 2021, would you 8 drive into work with any other workers that lived near 9 you? 10 A No. 11 Q Did you drive to work? 12 A Yes. 13 Q How far is the office from your house? 14 A About 30 minutes. 15 Q Do you know what time you got to work on 16 May 27th, 2021? 17 A Perhaps around 7:30. 18 Q What is the routine when you first get into work 19 as of May 2021? 20 A I don't have a routine. 21 Q Well, is the first thing that you do is clock in? 22 A It's different everyday. 23 Q Do you have a locker at the office? 24 A No. 25 Q Do you clock in at the office before you go to a Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 13 1 Omar Ramos Mendoza 13 2 job site every morning? 3 A Yes. 4 Q Do you recall where you were working on 5 May 27th, 2021, the day that this accident occurred, 6 where you were supposed to be working? 7 A I do not recall specifically the location. 8 Q Do you recall whether or not that location was a 9 job that you had been to prior to May 27th or was that 10 the first day that you were supposed to go there? 11 A I didn't understand your question. 12 Q On May 27th, on the date of the accident, were 13 you on your way to a job site when the accident 14 happened? 15 A Yes. 16 Q Do you recall whether or not you have ever been 17 to that job site prior to that morning that you got into 18 the accident? 19 A To that town, always, but the location, I don't 20 recall the address. 21 Q What town was it that you were going to? 22 A I believe it was Newburgh. 23 Q What were your instructions when you got to the 24 job location? 25 A Bring material. Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 14 1 Omar Ramos Mendoza 14 2 Q Did you have to load up a truck with material 3 prior to leaving the office? 4 A No. 5 Q What material did you have to bring to the job 6 site? 7 A Materials to work on roofs. 8 Q Did you have to bring roofing shingles? 9 A Yes. 10 Q Did you have to bring plywood? 11 A I do not recall. 12 Q Who gave you the instructions to go to the house 13 in Newburgh? 14 A Do not recall. 15 Q What time did you leave the office on 16 May 27th, 2021, the morning of the accident? 17 A I don't recall. 18 Q Do you recall if there was anyone else in the car 19 with you or in the vehicle with you when you got in the 20 accident? 21 A No, I was alone. 22 Q Were you driving the car when you got in the 23 accident that morning? 24 A Yes. 25 Q Describe the vehicle that you were driving. Enright Court Reporting (631) 589-7788 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/08/2022 15 1 Omar Ramos Mendoza 15 2 A Dump truck. 3 Q Does that dump truck have a hydraulic lift? 4 A Yes. 5 Q Were the materials loaded into the dump truck 6 before you left the office? 7 A Yes. 8 Q Who loaded the materials into the back of the 9 dump truck? 10 A That is put there where they buy the material. 11 Q Do you know the make and model of the dump truck 12 that you were driving that morning? 13 A No. 14 Q Is that vehicle still owned by Homepro Exteriors, 15 to your knowledge? 16 A Yes. 17 Q Had you driven that truck prior to 18 May 27th, 2021? 19 A Yes. 20 Q Have you ever experienced any mechanical 21 difficulties with that truck prior to May 27th, 2021? 22 A No. 23 Q Did you have a New York State driver's license as 24 of May 27th, 2021? 25 A Yes.