Preview
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
Partners NIainoffige
Steven J. Baker One MetroTech Center, 8th fl.
John P. McEvoy Brooklyn, New York 11201
Z Ronit Z. Moskovits Phone: 212.857.8230
C Voy
O , Mailing Address
5 Broadway, Suite 3
Freeport, New York 11520
MAY,19, 2022
RECElVED
-
JUN 7 2022
5
ree Broadway
r
11520
MIROTZNIK & ASSOCIATES,LLC
2115 HEMPSTEAD TURNPIKE
EAST MEDDOW,NEW YORK,NEW YORK,10022
Dear Counselor(s):
Enclosed please find a copy ofthe transcript of the deposition of your client PIETRO SCICCHITANO
. Kindly have the copy executed and notarized by your client, and return the signature page and correction
sheet to our office.
Please refer to our file number when corresponding to this office.
Thank you for your cooperation.
Very truly yours,
Baker, cEvoy, & Moskovits
By: Gowon Stewart/EBT Clerk Ext.: 771
Email/gstewart@bm3law.com
All attorneys and staff are employees of American Transit Insurance Company
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1
o
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______-------------------------______Ç
PIETRO SCICCHITANO,
Plaintiff,
- against - INDEX NO.:
521543/2018
MONIRUL ISLAM,
Defendant.
_____________________________________Ç
April 19, 2022
10:04 A.M.
EXAMINATION BEFORE TRIAL OF PIETRO
SCICCHITANO, the Plaintiff herein, taken by the
attorney for the Defendant, held via web
conference, pursuant to Court Order, and held
before Deborah Thier, a Notary Public of the State
of New York at the above-stated time and date.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350t
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 2
o 2 APPEARANCES:
MIROTZNIK & ASSOCIATES, LLC
4 Attorneys for the Plaintiff
2115 Hempstead Turnpike
5 East Meadow, New York 10022
6 BY: STEPHEN DODDATO, ESQ.
7
8 BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
Attorneys for the Defendant
MetroTech Center - 8th Floor
9 One
Brooklyn, New York 11201
10
BY: MICHAEL R. FREEDA, ESQ.
11 FILE NO.: 666324
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-----------------------------------------------.---
516-485-2222 BEE REPORTING INC. 212-327-3501
AGENCY,
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 3
o 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions.
4 (a) Objections in general.
5 No objections shall be made at a deposition
6 except those which, pursuant to subdivision (b),
7 (c) or (d) of Rule 3115 of the Civil Practice Law
8 and Rules, would be waived if not interposed, and
9 except in compliance with subdivision (e) of such
10 rule. All objections made at a deposition shall
11 be noted by the officer before whom the deposition
12 is taken, and the answer shall be given and the
13 deposition shall proceed subject to the objections
14 and to the right of a person to apply for
15 appropriate relief pursuant to Article 31 of the
16 CPLR.
17 (b) Speaking objections restricted.
18 Every objection raised during a deposition
19 shall be stated succinctly and framed so as not to
20 suggest an answer to the deponent and, at the
21 request of the questioning attorney, shall include
22 a clear statement as to any defect in form or
23 other basis of error or irregularity. Except to
24 the extent permitted by CPLR Rule 3115 or by this
25 rule, during the course of the examination persons
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 4
o 2 in attendance shall not make statements or
3 comments that interfere with questioning.
4 221.2 Refusal to answer when objection is made.
5 A deponent shall answer all questions at a
6 deposition, except (i) to preserve a privilege or
7 right of confidentiality, (ii) to enforce a
8 limitation set forth in an order of the court, or
9 (iii) the question is plainly improper and would,
10 if answered, cause significant prejudice to any
11 person. An attorney shall not direct deponent not
12 to answer except as provided in CPLR Rule 3115 or
13 this subdivision. Any refusal to answer or
14 direction not to answer shall be accompanied by a
15 succinct and clear statement of the basis
16 therefor. If the deponent does not answer a
17 question, the examining party shall have the
18 right to complete the remainder of the deposition.
19 221.3 Communication with the deponent.
20 An attorney shall not interrupt the
21 deposition for the purpose of communicating with
22 deponent unless all parties consent or the
23 communication is made for the purpose of
24 determining whether the question should not be
25 answered on grounds set forth in Section
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 5
o 2 221.2 of these rules and, in such event, the
3 reason for the communication shall be stated
4 succinctly and clearly.
5 IT IS FURTHER STIPULATED AND AGREED the
6 transcript may be signed before any Notary Public
7 with same force and effect as if signed before a
8 clerk or a Judge of the court.
9 IT IS FURTHER STIPULATED AND AGREED the
10 examination before trial may be utilized for all
11 purposes as provided by the CPLR.
12 IT IS FURTHER STIPULATED AND AGREED that
13 all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
15 sections of the CPLR shall be controlling with
16 respect here to.
17 IT IS FURTHER STIPULATED AND AGREED by
18 and between the attorneys for the respective
19 parties hereto that a copy of this examination
20 shall be furnished, without charge, to the
21 attorneys representing the witness testifying
22 herein.
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 Pietro Scicchitano 6
o 2 COURT REPORTER: It is hereby stipulated
3 and agreed by and between counsel for all
N
4 parties present that this deposition is being
5 conducted remotely by video conference, and
6 that the court reporter, witness and all
7 counsel are in separate remote locations and
8 participating via Zoom or any web conference
9 meeting platform under the control of the
10 court reporting agency.
11 It is further stipulated that this
12 videoconference will not be recorded in any
13 manner and that any recording without the
14 express written consent of all parties shall
15 be considered unauthorized, in violation of
16 law and shall not be used for any purpose in
17 this litigation or otherwise.
18 Before I swear in the witness, I will
19 ask each counsel to stipulate on the record
20 that I, the court reporter, may swear in the
21 witness even though I am not physically in
22 the presence of the witness and that there is
23 no objection to that at this time, nor will
24 there be an objection at a future date.
25 MR. DODDATO: No objection.
------------------------,---------------------------
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3501
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 Pietro Scicchitano 7
o 2 MR. FREEDA: No objection.
3 COURT REPORTER: Counsel, can you
4 represent that to the best of your knowledge
5 and belief that the witness appearing today
6 via web conference is, in fact, Pietro
7 Scicchitano?
8 MR. DODDATO: Yes.
9 P I E T R O S C I C C H I T A N O,
10 The witness herein, having first been duly
11 sworn by Deborah Thier, a Notary Public in and
12 for the State of New York, was examined and
13 testified as follows:
14 COURT REPORTER: Please state your name
15 for the record.
16 THE WITNESS: Pietro Scicchitano.
17 COURT REPORTER: Please state your
18 address.
19 THE WITNESS: 7108 252nd Street,
20 apartment A, Bellerose, New York, 11426.
21 DIRECT EXAMINATION BY
22 MICHAEL R. FREEDA, ESQ.:
23 Q Good morning, Mr. Scicchitano.
24 A Good morning.
25 Q My name is Michael Freeda and for
516-485-2222 BEE REPORTING AGENCY, INC.
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 Pietro Scicchitano 8
o 2 purposes of this deposition I represent the
3 defendant in this lawsuit.
4 I'm going to be asking you some
5 questions concerning an accident that you were
6 involved in back in March of the year 2016.
7 Do you understand?
8 A Yes, sir.
9 Q If at any time you don't understand any
10 of my questions, please tell me and I'll rephrase
11 the question for you; okay?
12 A I will.
13 Q It's very important that you speak up
14 and give me a verbal response when I ask my
15 questions so that instead of simply shaking your
16 head or nodding or making a hand gesture or
17 pointing to a part of your body, you understand,
18 because the reporter has to hear you say
19 something, and it can't be like an hm-hm if you
20 mean a yes.
21 A I understand.
22 Q Please just wait for me to finish my
23 question before you answer, because the reporter
24 especially over Zoom like this, she can't take
25 testimony down when we talk at the same time;
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
. .
1 Pietro Scicchitano 9
o 2 okay?
3 A Yes.
4 Q I will also on my part try not to step
5 on any of your answers; okay?
6 A Yes, sir.
7 Q If you need a break for any reason, if
8 you need to make yourself comfortable, if you need
9 to talk to your attorney, just ask and you'll be
10 afforded every courtesy.
11 Do you understand?
12 A Yes, I do.
13 Q I just ask that if you do a need a
14 break, if I've asked a question that you haven't
15 answered yet, just please answer that question
16 first and then we can take that break; okay?
17 A Yes, sir.
18 Q Within the past twelve hours have you
19 had any alcohol to drink?
20 A No.
21 Q Within the past twelve hours have you
22 taken any drugs or medication that would in any
23 way affect your ability to testify here today?
24 A Nope.
25 Q Do you have any medical conditions that
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 Pietro Scicchitano 10
o 2 would in any way affect your ability to testify
3 here today?
4 A No.
5 MR. FREEDA: Off the record.
6 (Whereupon, there was a discussion
7 held off the record.)
8 Q Mr. Scicchitano, how long have you
9 lived at your present address for?
10 A Three years.
11 Q I'm sorry, did you say two or three
12 years?
13 A Three, three years.
14 Q Is this a private house?
15 A It's an apartment complex.
16 Q You live in apartment A?
17 A Yes, sir.
18 Q What floor of the complex is it on?
19 A First floor.
20 Q Are there any steps you have to walk up
21 from the outside to get into the lobby?
22 A Yes.
23 Q How many steps are there to get into
24 the lobby?
25 A Seven.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022
1 Pietro Scicchitano 11
o 2 Q Are there any additional steps you have
3 to climb to get up to your apartment?
4 A Negative. No.
5 Q Who do you live with at the present
6 time?
7 A My father.
8 Q What is your father's name?
9 A Angelo.
10 Q Does anybody else live with you at the
11 present time?
12 A No.
13 Q Where did you live before this address?
14 A 190 Lehrer Avenue in Elmont.
15 Q And the zip code?
16 A 11003.
17 Q How long did you live at that address
18 for?
19 A Six years.
20 Q Was that your address at the time of
21 the accident?
22 A Yes.
23 Q Who did you live with at the time of
24 the accident?
25 A Linda Weingarten.
-------------------------------------------
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350<
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM
Preview
FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 Partners NIainoffige Steven J. Baker One MetroTech Center, 8th fl. John P. McEvoy Brooklyn, New York 11201 Z Ronit Z. Moskovits Phone: 212.857.8230 C Voy O , Mailing Address 5 Broadway, Suite 3 Freeport, New York 11520 MAY,19, 2022 RECElVED - JUN 7 2022 5 ree Broadway r 11520 MIROTZNIK & ASSOCIATES,LLC 2115 HEMPSTEAD TURNPIKE EAST MEDDOW,NEW YORK,NEW YORK,10022 Dear Counselor(s): Enclosed please find a copy ofthe transcript of the deposition of your client PIETRO SCICCHITANO . Kindly have the copy executed and notarized by your client, and return the signature page and correction sheet to our office. Please refer to our file number when corresponding to this office. Thank you for your cooperation. Very truly yours, Baker, cEvoy, & Moskovits By: Gowon Stewart/EBT Clerk Ext.: 771 Email/gstewart@bm3law.com All attorneys and staff are employees of American Transit Insurance Company FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 o SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______-------------------------______Ç PIETRO SCICCHITANO, Plaintiff, - against - INDEX NO.: 521543/2018 MONIRUL ISLAM, Defendant. _____________________________________Ç April 19, 2022 10:04 A.M. EXAMINATION BEFORE TRIAL OF PIETRO SCICCHITANO, the Plaintiff herein, taken by the attorney for the Defendant, held via web conference, pursuant to Court Order, and held before Deborah Thier, a Notary Public of the State of New York at the above-stated time and date. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350t FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 2 o 2 APPEARANCES: MIROTZNIK & ASSOCIATES, LLC 4 Attorneys for the Plaintiff 2115 Hempstead Turnpike 5 East Meadow, New York 10022 6 BY: STEPHEN DODDATO, ESQ. 7 8 BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for the Defendant MetroTech Center - 8th Floor 9 One Brooklyn, New York 11201 10 BY: MICHAEL R. FREEDA, ESQ. 11 FILE NO.: 666324 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -----------------------------------------------.--- 516-485-2222 BEE REPORTING INC. 212-327-3501 AGENCY, FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 3 o 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions. 4 (a) Objections in general. 5 No objections shall be made at a deposition 6 except those which, pursuant to subdivision (b), 7 (c) or (d) of Rule 3115 of the Civil Practice Law 8 and Rules, would be waived if not interposed, and 9 except in compliance with subdivision (e) of such 10 rule. All objections made at a deposition shall 11 be noted by the officer before whom the deposition 12 is taken, and the answer shall be given and the 13 deposition shall proceed subject to the objections 14 and to the right of a person to apply for 15 appropriate relief pursuant to Article 31 of the 16 CPLR. 17 (b) Speaking objections restricted. 18 Every objection raised during a deposition 19 shall be stated succinctly and framed so as not to 20 suggest an answer to the deponent and, at the 21 request of the questioning attorney, shall include 22 a clear statement as to any defect in form or 23 other basis of error or irregularity. Except to 24 the extent permitted by CPLR Rule 3115 or by this 25 rule, during the course of the examination persons 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 4 o 2 in attendance shall not make statements or 3 comments that interfere with questioning. 4 221.2 Refusal to answer when objection is made. 5 A deponent shall answer all questions at a 6 deposition, except (i) to preserve a privilege or 7 right of confidentiality, (ii) to enforce a 8 limitation set forth in an order of the court, or 9 (iii) the question is plainly improper and would, 10 if answered, cause significant prejudice to any 11 person. An attorney shall not direct deponent not 12 to answer except as provided in CPLR Rule 3115 or 13 this subdivision. Any refusal to answer or 14 direction not to answer shall be accompanied by a 15 succinct and clear statement of the basis 16 therefor. If the deponent does not answer a 17 question, the examining party shall have the 18 right to complete the remainder of the deposition. 19 221.3 Communication with the deponent. 20 An attorney shall not interrupt the 21 deposition for the purpose of communicating with 22 deponent unless all parties consent or the 23 communication is made for the purpose of 24 determining whether the question should not be 25 answered on grounds set forth in Section 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 5 o 2 221.2 of these rules and, in such event, the 3 reason for the communication shall be stated 4 succinctly and clearly. 5 IT IS FURTHER STIPULATED AND AGREED the 6 transcript may be signed before any Notary Public 7 with same force and effect as if signed before a 8 clerk or a Judge of the court. 9 IT IS FURTHER STIPULATED AND AGREED the 10 examination before trial may be utilized for all 11 purposes as provided by the CPLR. 12 IT IS FURTHER STIPULATED AND AGREED that 13 all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate 15 sections of the CPLR shall be controlling with 16 respect here to. 17 IT IS FURTHER STIPULATED AND AGREED by 18 and between the attorneys for the respective 19 parties hereto that a copy of this examination 20 shall be furnished, without charge, to the 21 attorneys representing the witness testifying 22 herein. 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 Pietro Scicchitano 6 o 2 COURT REPORTER: It is hereby stipulated 3 and agreed by and between counsel for all N 4 parties present that this deposition is being 5 conducted remotely by video conference, and 6 that the court reporter, witness and all 7 counsel are in separate remote locations and 8 participating via Zoom or any web conference 9 meeting platform under the control of the 10 court reporting agency. 11 It is further stipulated that this 12 videoconference will not be recorded in any 13 manner and that any recording without the 14 express written consent of all parties shall 15 be considered unauthorized, in violation of 16 law and shall not be used for any purpose in 17 this litigation or otherwise. 18 Before I swear in the witness, I will 19 ask each counsel to stipulate on the record 20 that I, the court reporter, may swear in the 21 witness even though I am not physically in 22 the presence of the witness and that there is 23 no objection to that at this time, nor will 24 there be an objection at a future date. 25 MR. DODDATO: No objection. ------------------------,--------------------------- 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3501 FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 Pietro Scicchitano 7 o 2 MR. FREEDA: No objection. 3 COURT REPORTER: Counsel, can you 4 represent that to the best of your knowledge 5 and belief that the witness appearing today 6 via web conference is, in fact, Pietro 7 Scicchitano? 8 MR. DODDATO: Yes. 9 P I E T R O S C I C C H I T A N O, 10 The witness herein, having first been duly 11 sworn by Deborah Thier, a Notary Public in and 12 for the State of New York, was examined and 13 testified as follows: 14 COURT REPORTER: Please state your name 15 for the record. 16 THE WITNESS: Pietro Scicchitano. 17 COURT REPORTER: Please state your 18 address. 19 THE WITNESS: 7108 252nd Street, 20 apartment A, Bellerose, New York, 11426. 21 DIRECT EXAMINATION BY 22 MICHAEL R. FREEDA, ESQ.: 23 Q Good morning, Mr. Scicchitano. 24 A Good morning. 25 Q My name is Michael Freeda and for 516-485-2222 BEE REPORTING AGENCY, INC. FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 Pietro Scicchitano 8 o 2 purposes of this deposition I represent the 3 defendant in this lawsuit. 4 I'm going to be asking you some 5 questions concerning an accident that you were 6 involved in back in March of the year 2016. 7 Do you understand? 8 A Yes, sir. 9 Q If at any time you don't understand any 10 of my questions, please tell me and I'll rephrase 11 the question for you; okay? 12 A I will. 13 Q It's very important that you speak up 14 and give me a verbal response when I ask my 15 questions so that instead of simply shaking your 16 head or nodding or making a hand gesture or 17 pointing to a part of your body, you understand, 18 because the reporter has to hear you say 19 something, and it can't be like an hm-hm if you 20 mean a yes. 21 A I understand. 22 Q Please just wait for me to finish my 23 question before you answer, because the reporter 24 especially over Zoom like this, she can't take 25 testimony down when we talk at the same time; 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 . . 1 Pietro Scicchitano 9 o 2 okay? 3 A Yes. 4 Q I will also on my part try not to step 5 on any of your answers; okay? 6 A Yes, sir. 7 Q If you need a break for any reason, if 8 you need to make yourself comfortable, if you need 9 to talk to your attorney, just ask and you'll be 10 afforded every courtesy. 11 Do you understand? 12 A Yes, I do. 13 Q I just ask that if you do a need a 14 break, if I've asked a question that you haven't 15 answered yet, just please answer that question 16 first and then we can take that break; okay? 17 A Yes, sir. 18 Q Within the past twelve hours have you 19 had any alcohol to drink? 20 A No. 21 Q Within the past twelve hours have you 22 taken any drugs or medication that would in any 23 way affect your ability to testify here today? 24 A Nope. 25 Q Do you have any medical conditions that FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 Pietro Scicchitano 10 o 2 would in any way affect your ability to testify 3 here today? 4 A No. 5 MR. FREEDA: Off the record. 6 (Whereupon, there was a discussion 7 held off the record.) 8 Q Mr. Scicchitano, how long have you 9 lived at your present address for? 10 A Three years. 11 Q I'm sorry, did you say two or three 12 years? 13 A Three, three years. 14 Q Is this a private house? 15 A It's an apartment complex. 16 Q You live in apartment A? 17 A Yes, sir. 18 Q What floor of the complex is it on? 19 A First floor. 20 Q Are there any steps you have to walk up 21 from the outside to get into the lobby? 22 A Yes. 23 Q How many steps are there to get into 24 the lobby? 25 A Seven. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/28/2022 1 Pietro Scicchitano 11 o 2 Q Are there any additional steps you have 3 to climb to get up to your apartment? 4 A Negative. No. 5 Q Who do you live with at the present 6 time? 7 A My father. 8 Q What is your father's name? 9 A Angelo. 10 Q Does anybody else live with you at the 11 present time? 12 A No. 13 Q Where did you live before this address? 14 A 190 Lehrer Avenue in Elmont. 15 Q And the zip code? 16 A 11003. 17 Q How long did you live at that address 18 for? 19 A Six years. 20 Q Was that your address at the time of 21 the accident? 22 A Yes. 23 Q Who did you live with at the time of 24 the accident? 25 A Linda Weingarten. ------------------------------------------- 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350< FILED: KINGS COUNTY CLERK 10/28/2022 12:35 PM