Preview
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
EXHIBIT H
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3
-----------------------------------€ERTIFIED
4 IAN MacDONALD, JAMES ROBERTS and
BETH ANN CASSIDY-ROBERTS,
Plaintiffs,
6
-against- Index No.
7 155973/2017
TURNER CONSTRUCTION COMPANY and THE
8 NEW YORK AND PRESBYTERIAN HOSPITAL
a/k/a THE SOCIETY OF THE NEW YORK
9 HOSPITAL,
10 Defendants.
11 ---------------------------------------
12 July 12, 2018
11:13 a.m.
13
14
15 Videotaped deposition of JAMES ROBERTS,
16 taken by Defendants, held at the offices of
17 Morgan Levine Dolan, P.C., 18 East 41st Street,
18 New York, New York, before Joseph Danyo V, a
19 Shorthand Reporter and Notary Public within
20 and for the State of New York.
21
22
23
24
25
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
2
1
2 A P P E A R A N C E S :
3
4 MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiffs
5 18 East 41st Street
Sixth Floor
6 New York, New York 10017
7 By: DUANE R. MORGAN, ESQ.
8
9 CULLEN and DYKMAN LLP
Attorneys for Defendants
10 44 Wall Street
New York, New York 10005-2407
11
By: EVI KALLFA, ESQ.
12
13
14 Also Present:
15 ANDREW GEDACHT, Videographer
16 ~o0o~
17
18
19
20
21
22
23
24
25
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
3
1
2 S T I P U L A T I O N S
3 IT IS HEREBY STIPULATED AND
4 AGREED, by and between the attorneys for
5 respective parties herein, and in
6 compliance with Rule 221 of the Uniform
7 rules for the Trial Courts:
8 THAT the parties recognize the
9 provision of Rule 3115 subdivisions (b), (c)
10 and/or (d).
11 All objections made at a
12 deposition shall be noted by the officer
13 before whom the deposition is taken, and
14 the answer shall be given and the
15 deposition shall proceed subject to the
16 objections and the right of a person to
17 apply for appropriate relief pursuant to
18 Article 31 of the CPLR;
19 THAT every objection raise
20 during a deposition shall be stated
21 succinctly and framed so as not to suggest
22 an answer to the deponent and, at the
23 request of the questioning attorney, shall
24 include a clear statement as to any defect
25 in the form or other basis or error or
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
4
1
2 irregularity. Except to the extent
3 permitted by CPLR Rule 3115 or by the rule,
4 during the course of the examination of the
5 persons in attendance shall not make
6 statements or comments that interfere with
7 the questioning.
8 THAT a deponent shall answer all
9 questions at a deposition, except (i) to
10 preserve a privilege or right of
11 confidentiality (ii) to enforce a
12 limitation set forth in an order of a
13 court, or (iii) when the question is
14 plainly improper and would, if answered,
15 cause significant prejudice to any person.
16 THAT an attorney shall not
17 direct a deponent not to answer except as
18 provided in CPLR Rule 3115 or this
19 subdivision. Any refusal to answer or
20 direct not to answer shall be accompanied
21 by a succinct and clear statement of the
22 basis therefore. If the deponent does not
23 answer a question, the examining party
24 shall have the right to complete the
25 remainder of the deposition.
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
5
1
2 THAT an attorney shall not
3 interrupt the deposition for the purpose of
4 communicating with the deponent unless all
5 parties consent or the communication is
6 made for the purpose of determining whether
7 the question should not be answered on the
8 ground set forth in section 221.2 of these
9 rules and, in such event, the reasons for
10 the communication shall be stated for the
11 record succinctly and clearly.
12 THAT failure to object to any
13 question or to move to strike any testimony
14 at this examination shall not be a bar or
15 waiver make such objection or motion at the
16 time of the trial of this action, and is
17 hereby reserved; and
18 THAT this examination may be
19 signed and sworn to by the witness examined
20 herein before any Notary Public, but
21 failure to do so or to return the original
22 of the examination to the attorney on whose
23 behalf the examination is taken shall not
24 be deemed a waiver of the rights provided
25 by Rules 3116 and 3117 of the CPLR, and
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
6
1
2 shall be controlled thereby, and;
3 THAT certification and filing of
4 the original of this examination are
5 waived; and,
6 THAT the questioning attorney
7 shall provide counsel for the witness
8 examined herein with a copy of this
9 examination at no charge.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
7
1 Roberts
2 THE VIDEOGRAPHER: The date is
3 July 12th, 2018. The time is
4 11:13 a.m. We are located at Morgan
5 Levine Dolan, P.C., 18 East 41st
6 Street New York, New York.
7 We are taking the deposition of
8 James Roberts in the matter of the
9 Ian MacDonald, James Roberts and Beth
10 Ann Cassidy-Roberts against Turner
11 Construction Company and The New York
12 and Presbyterian Hospital a/k/a The
13 Society of the New York Hospital,
14 pending in the Supreme Court of New
15 York, County of New York, index
16 number 155973/2017.
17 My name is Andrew Gedacht, and
18 I'm the video specialist with
19 Reynolds Reporting. The court
20 reporter is Joseph Danyo, also with
21 Reynolds Reporting.
22 At this time I would ask the
23 attorneys present to please introduce
24 themselves for the video record.
25 Please state your name, the firm with
Ã
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
8
1 Roberts
2 which you are affiliated and whom you
3 represent. After which, the court
4 reporter will swear in the witness.
5 MR. MORGAN: Duane Morgan,
6 Morgan Levine Dolan, for the
7 plaintiffs.
8 MS. KALLFA: Evi Kallfa with
9 Cullen and Dykman for all defendants.
10 J A M E S R O B E R T S, having been
11 first duly sworn by Joseph Danyo V, a
12 Notary Public, was examined and testified
13 as follows:
14 EXAMINATION BY MS. KALLFA:
15 Q. Good morning, Mr. Roberts.
16 A. Good morning.
17 Q. My name is Evi Kallfa. I'm an
18 attorney with Cullen and Dykman. I
19 represent all of the defendants. We're
20 here today for your deposition. Have you
21 ever been deposed before?
22 A. No.
23 Q. Do you know what a deposition
24 is?
25 A. Sort of.
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
9
1 Roberts
2 Q. Okay. Before we begin, I'm
3 going to give you a set of instructions,
4 okay? This is basically a question and
5 answer session, and I need all of your
6 responses to be verbal.
7 As you can see, there is a
8 court reporter writing down everything we
9 say, and he can't take down any head nods
10 or gestures, okay?
11 A. Yes.
12 Q. If you don't understand any
13 question, please let me know and I'll try
14 my best to rephrase it. If you answer the
15 question, I'm going to assume that you
16 understood what I was asking, okay?
17 A. I understand.
18 Q. If I ask you questions where
19 you can't give me an exact answer such as
20 time or distance but you can give me an
21 estimation or approximation, I ask that you
22 do so. Just let me know that you're
23 estimating or approximating, okay?
24 A. I understand.
25 Q. Is there any reason why you
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
10
1 Roberts
2 can't testify truthfully here today?
3 A. No.
4 Q. Have you taken any medication
5 or drugs or alcohol in the last 24 hours
6 that would impact your ability to testify
7 truthfully here today?
8 A. No.
9 Q. If at any time you need to take
10 a break, please let me know and we'll take
11 a break. However, if there is a question
12 pending, I ask that you answer that
13 question before we take the break, okay?
14 A. Understood.
15 Q. All right. Please state your
16 full name for the record.
17 A. James J. Roberts.
18 Q. What's the J for?
19 A. John.
20 Q. Have you taken any medication
21 in the last 24 hours?
22 A. No.
23 Q. Have you consumed any drugs or
24 alcohol in the last 24 hours?
25 A. No.
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
11
1 Roberts
2 Q. Have you ever been known by any
3 other name?
4 A. No.
5 Q. Besides speaking to your
6 attorney, what did you do to prepare for
7 this deposition?
8 A. I didn't do anything.
9 Q. Did you speak to anyone besides
10 your attorney in preparation for today's
11 deposition?
12 A. No.
13 Q. Did you review any documents or
14 photographs or videos in preparation for
15 today's deposition?
16 A. Just with my lawyer this
17 morning.
18 Q. Okay. Was it documents,
19 photographs or videos that you reviewed?
20 A. All of the above.
21 Q. Okay. What documents did you
22 review?
23 MR. MORGAN: By counsel, we
24 reviewed the documents that we
defendants'
25 received last night from
Reynolds Reporting, Inc.
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FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
12
1 Roberts
plaintiffs'
2 counsel in response to
3 combined demands and court orders.
4 Q. Did you review any photographs?
5 A. Yes.
6 Q. What photographs did you
7 review?
8 MR. MORGAN: Same response.
9 Q. Did you review any videos?
10 A. No.
11 MR. MORGAN: No.
12 Q. Okay. Are you currently taking
13 any medication?
14 A. Yes.
15 Q. What medication do you take?
16 A. Oxycodone, Tylenol.
17 Q. Anything else?
18 A. No.
19 Q. The Oxycodone, how often do you
20 take that?
21 A. Probably about twice a month,
22 depending on how much I do the day before.
23 Q. When was the last time you've
24 taken the Oxy?
25 A. About ten days ago.
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
13
1 Roberts
2 Q. How about the Tylenol, how
3 often do you take that?
4 A. Almost daily.
5 Q. When was the last time you took
6 it?
7 A. Yesterday morning.
8 Q. Do you smoke?
9 A. Yes.
10 Q. How much do you smoke?
11 A. A pack a day.
12 Q. How long have you been doing
13 that?
14 A. You don't want to know.
15 Q. Unfortunately I do.
16 A. 41 years.
17 Q. 41?
18 A. 41.
19 Q. Has it always been a pack a
20 day?
21 A. No. When I was younger it was
22 less.
23 Q. Okay. What is your current
24 address?
25 A.
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FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
14
1 Roberts
3 Q. How long have you lived at that
4 address?
5 A. Three years.
6 Q. Is that a home, apartment,
7 something else?
8 A. It's a home.
9 Q. Do you own, rent it or
10 something else?
11 A. Own.
12 Q. Who lives at that address with
13 you currently?
14 A. Myself, my wife, my two kids
15 and my parents.
16 Q. kids'
What are your names?
17 A. Michael. Robert is my wife's
18 son so he's not legally mine.
19 Q. You haven't adopted him or
20 anything?
21 A. No.
22 Q. What is Robert's last name?
23 A. Miller.
24 Q. Michael's last name is the same
25 as yours?
Reynolds Reporting, Inc.
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FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
15
1 Roberts
2 A. Roberts.
3 Q. How old is Michael?
4 A. 24.
5 Q. How about Robert?
6 A. 23.
7 Q. You said your parents also live
8 at this address with you?
9 A. Yes.
10 Q. What are their names?
11 A. Dorothy Lyons and Edward Lyons.
12 Q. How do you spell the last name?
13 A. L-y-o-n-s.
14 Q. How old is Dorothy?
15 A. 71.
16 Q. How about Edward?
17 A. 69.
18 Q. On the date of the accident
19 was your living situation the same?
20 A. Yes.
21 Q. Prior to 99 Barnes Road, where
22 did you reside?
23 A. In Monroe. 1 Frederick Drive.
24 Q. 1 Frederick Drive, Monroe?
25 A. Monroe, New York, yes.
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
16
1 Roberts
2 Q. How long did you live there?
3 A. 15 years.
4 Q. When you lived at 1 Frederick
5 Drive, was that with your wife, your two
6 kids and your parents as well?
7 A. Yes.
8 Q. What is your date of birth?
9 A.
10 Q. You're married; correct?
11 A. Yes.
12 Q. How long have you been married?
13 A. Four years.
14 Q. Is this your first marriage?
15 A. No.
16 Q. When were you married
17 previously?
18 A. 1989.
19 Q. Until what year?
20 A. I'd say until 2013.
21 Q. Were these your two only
22 marriages?
23 A. Yes.
24 Q. From 1989 to 2013 what was your
25 wife's name or your ex-wife's name?
Reynolds Reporting, Inc.
(631) 839-6153 www.reynoldsreporting.com
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 52
Preview
FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 EXHIBIT H FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 -----------------------------------€ERTIFIED 4 IAN MacDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, Plaintiffs, 6 -against- Index No. 7 155973/2017 TURNER CONSTRUCTION COMPANY and THE 8 NEW YORK AND PRESBYTERIAN HOSPITAL a/k/a THE SOCIETY OF THE NEW YORK 9 HOSPITAL, 10 Defendants. 11 --------------------------------------- 12 July 12, 2018 11:13 a.m. 13 14 15 Videotaped deposition of JAMES ROBERTS, 16 taken by Defendants, held at the offices of 17 Morgan Levine Dolan, P.C., 18 East 41st Street, 18 New York, New York, before Joseph Danyo V, a 19 Shorthand Reporter and Notary Public within 20 and for the State of New York. 21 22 23 24 25 Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 2 1 2 A P P E A R A N C E S : 3 4 MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiffs 5 18 East 41st Street Sixth Floor 6 New York, New York 10017 7 By: DUANE R. MORGAN, ESQ. 8 9 CULLEN and DYKMAN LLP Attorneys for Defendants 10 44 Wall Street New York, New York 10005-2407 11 By: EVI KALLFA, ESQ. 12 13 14 Also Present: 15 ANDREW GEDACHT, Videographer 16 ~o0o~ 17 18 19 20 21 22 23 24 25 Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 3 1 2 S T I P U L A T I O N S 3 IT IS HEREBY STIPULATED AND 4 AGREED, by and between the attorneys for 5 respective parties herein, and in 6 compliance with Rule 221 of the Uniform 7 rules for the Trial Courts: 8 THAT the parties recognize the 9 provision of Rule 3115 subdivisions (b), (c) 10 and/or (d). 11 All objections made at a 12 deposition shall be noted by the officer 13 before whom the deposition is taken, and 14 the answer shall be given and the 15 deposition shall proceed subject to the 16 objections and the right of a person to 17 apply for appropriate relief pursuant to 18 Article 31 of the CPLR; 19 THAT every objection raise 20 during a deposition shall be stated 21 succinctly and framed so as not to suggest 22 an answer to the deponent and, at the 23 request of the questioning attorney, shall 24 include a clear statement as to any defect 25 in the form or other basis or error or Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 4 1 2 irregularity. Except to the extent 3 permitted by CPLR Rule 3115 or by the rule, 4 during the course of the examination of the 5 persons in attendance shall not make 6 statements or comments that interfere with 7 the questioning. 8 THAT a deponent shall answer all 9 questions at a deposition, except (i) to 10 preserve a privilege or right of 11 confidentiality (ii) to enforce a 12 limitation set forth in an order of a 13 court, or (iii) when the question is 14 plainly improper and would, if answered, 15 cause significant prejudice to any person. 16 THAT an attorney shall not 17 direct a deponent not to answer except as 18 provided in CPLR Rule 3115 or this 19 subdivision. Any refusal to answer or 20 direct not to answer shall be accompanied 21 by a succinct and clear statement of the 22 basis therefore. If the deponent does not 23 answer a question, the examining party 24 shall have the right to complete the 25 remainder of the deposition. Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 5 1 2 THAT an attorney shall not 3 interrupt the deposition for the purpose of 4 communicating with the deponent unless all 5 parties consent or the communication is 6 made for the purpose of determining whether 7 the question should not be answered on the 8 ground set forth in section 221.2 of these 9 rules and, in such event, the reasons for 10 the communication shall be stated for the 11 record succinctly and clearly. 12 THAT failure to object to any 13 question or to move to strike any testimony 14 at this examination shall not be a bar or 15 waiver make such objection or motion at the 16 time of the trial of this action, and is 17 hereby reserved; and 18 THAT this examination may be 19 signed and sworn to by the witness examined 20 herein before any Notary Public, but 21 failure to do so or to return the original 22 of the examination to the attorney on whose 23 behalf the examination is taken shall not 24 be deemed a waiver of the rights provided 25 by Rules 3116 and 3117 of the CPLR, and Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 6 1 2 shall be controlled thereby, and; 3 THAT certification and filing of 4 the original of this examination are 5 waived; and, 6 THAT the questioning attorney 7 shall provide counsel for the witness 8 examined herein with a copy of this 9 examination at no charge. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 7 1 Roberts 2 THE VIDEOGRAPHER: The date is 3 July 12th, 2018. The time is 4 11:13 a.m. We are located at Morgan 5 Levine Dolan, P.C., 18 East 41st 6 Street New York, New York. 7 We are taking the deposition of 8 James Roberts in the matter of the 9 Ian MacDonald, James Roberts and Beth 10 Ann Cassidy-Roberts against Turner 11 Construction Company and The New York 12 and Presbyterian Hospital a/k/a The 13 Society of the New York Hospital, 14 pending in the Supreme Court of New 15 York, County of New York, index 16 number 155973/2017. 17 My name is Andrew Gedacht, and 18 I'm the video specialist with 19 Reynolds Reporting. The court 20 reporter is Joseph Danyo, also with 21 Reynolds Reporting. 22 At this time I would ask the 23 attorneys present to please introduce 24 themselves for the video record. 25 Please state your name, the firm with à Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 8 1 Roberts 2 which you are affiliated and whom you 3 represent. After which, the court 4 reporter will swear in the witness. 5 MR. MORGAN: Duane Morgan, 6 Morgan Levine Dolan, for the 7 plaintiffs. 8 MS. KALLFA: Evi Kallfa with 9 Cullen and Dykman for all defendants. 10 J A M E S R O B E R T S, having been 11 first duly sworn by Joseph Danyo V, a 12 Notary Public, was examined and testified 13 as follows: 14 EXAMINATION BY MS. KALLFA: 15 Q. Good morning, Mr. Roberts. 16 A. Good morning. 17 Q. My name is Evi Kallfa. I'm an 18 attorney with Cullen and Dykman. I 19 represent all of the defendants. We're 20 here today for your deposition. Have you 21 ever been deposed before? 22 A. No. 23 Q. Do you know what a deposition 24 is? 25 A. Sort of. Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 9 1 Roberts 2 Q. Okay. Before we begin, I'm 3 going to give you a set of instructions, 4 okay? This is basically a question and 5 answer session, and I need all of your 6 responses to be verbal. 7 As you can see, there is a 8 court reporter writing down everything we 9 say, and he can't take down any head nods 10 or gestures, okay? 11 A. Yes. 12 Q. If you don't understand any 13 question, please let me know and I'll try 14 my best to rephrase it. If you answer the 15 question, I'm going to assume that you 16 understood what I was asking, okay? 17 A. I understand. 18 Q. If I ask you questions where 19 you can't give me an exact answer such as 20 time or distance but you can give me an 21 estimation or approximation, I ask that you 22 do so. Just let me know that you're 23 estimating or approximating, okay? 24 A. I understand. 25 Q. Is there any reason why you Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 10 1 Roberts 2 can't testify truthfully here today? 3 A. No. 4 Q. Have you taken any medication 5 or drugs or alcohol in the last 24 hours 6 that would impact your ability to testify 7 truthfully here today? 8 A. No. 9 Q. If at any time you need to take 10 a break, please let me know and we'll take 11 a break. However, if there is a question 12 pending, I ask that you answer that 13 question before we take the break, okay? 14 A. Understood. 15 Q. All right. Please state your 16 full name for the record. 17 A. James J. Roberts. 18 Q. What's the J for? 19 A. John. 20 Q. Have you taken any medication 21 in the last 24 hours? 22 A. No. 23 Q. Have you consumed any drugs or 24 alcohol in the last 24 hours? 25 A. No. Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 11 1 Roberts 2 Q. Have you ever been known by any 3 other name? 4 A. No. 5 Q. Besides speaking to your 6 attorney, what did you do to prepare for 7 this deposition? 8 A. I didn't do anything. 9 Q. Did you speak to anyone besides 10 your attorney in preparation for today's 11 deposition? 12 A. No. 13 Q. Did you review any documents or 14 photographs or videos in preparation for 15 today's deposition? 16 A. Just with my lawyer this 17 morning. 18 Q. Okay. Was it documents, 19 photographs or videos that you reviewed? 20 A. All of the above. 21 Q. Okay. What documents did you 22 review? 23 MR. MORGAN: By counsel, we 24 reviewed the documents that we defendants' 25 received last night from Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 12 1 Roberts plaintiffs' 2 counsel in response to 3 combined demands and court orders. 4 Q. Did you review any photographs? 5 A. Yes. 6 Q. What photographs did you 7 review? 8 MR. MORGAN: Same response. 9 Q. Did you review any videos? 10 A. No. 11 MR. MORGAN: No. 12 Q. Okay. Are you currently taking 13 any medication? 14 A. Yes. 15 Q. What medication do you take? 16 A. Oxycodone, Tylenol. 17 Q. Anything else? 18 A. No. 19 Q. The Oxycodone, how often do you 20 take that? 21 A. Probably about twice a month, 22 depending on how much I do the day before. 23 Q. When was the last time you've 24 taken the Oxy? 25 A. About ten days ago. Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 13 1 Roberts 2 Q. How about the Tylenol, how 3 often do you take that? 4 A. Almost daily. 5 Q. When was the last time you took 6 it? 7 A. Yesterday morning. 8 Q. Do you smoke? 9 A. Yes. 10 Q. How much do you smoke? 11 A. A pack a day. 12 Q. How long have you been doing 13 that? 14 A. You don't want to know. 15 Q. Unfortunately I do. 16 A. 41 years. 17 Q. 41? 18 A. 41. 19 Q. Has it always been a pack a 20 day? 21 A. No. When I was younger it was 22 less. 23 Q. Okay. What is your current 24 address? 25 A. Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 14 1 Roberts 3 Q. How long have you lived at that 4 address? 5 A. Three years. 6 Q. Is that a home, apartment, 7 something else? 8 A. It's a home. 9 Q. Do you own, rent it or 10 something else? 11 A. Own. 12 Q. Who lives at that address with 13 you currently? 14 A. Myself, my wife, my two kids 15 and my parents. 16 Q. kids' What are your names? 17 A. Michael. Robert is my wife's 18 son so he's not legally mine. 19 Q. You haven't adopted him or 20 anything? 21 A. No. 22 Q. What is Robert's last name? 23 A. Miller. 24 Q. Michael's last name is the same 25 as yours? Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 15 1 Roberts 2 A. Roberts. 3 Q. How old is Michael? 4 A. 24. 5 Q. How about Robert? 6 A. 23. 7 Q. You said your parents also live 8 at this address with you? 9 A. Yes. 10 Q. What are their names? 11 A. Dorothy Lyons and Edward Lyons. 12 Q. How do you spell the last name? 13 A. L-y-o-n-s. 14 Q. How old is Dorothy? 15 A. 71. 16 Q. How about Edward? 17 A. 69. 18 Q. On the date of the accident 19 was your living situation the same? 20 A. Yes. 21 Q. Prior to 99 Barnes Road, where 22 did you reside? 23 A. In Monroe. 1 Frederick Drive. 24 Q. 1 Frederick Drive, Monroe? 25 A. Monroe, New York, yes. Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 16 1 Roberts 2 Q. How long did you live there? 3 A. 15 years. 4 Q. When you lived at 1 Frederick 5 Drive, was that with your wife, your two 6 kids and your parents as well? 7 A. Yes. 8 Q. What is your date of birth? 9 A. 10 Q. You're married; correct? 11 A. Yes. 12 Q. How long have you been married? 13 A. Four years. 14 Q. Is this your first marriage? 15 A. No. 16 Q. When were you married 17 previously? 18 A. 1989. 19 Q. Until what year? 20 A. I'd say until 2013. 21 Q. Were these your two only 22 marriages? 23 A. Yes. 24 Q. From 1989 to 2013 what was your 25 wife's name or your ex-wife's name? Reynolds Reporting, Inc. (631) 839-6153 www.reynoldsreporting.com FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/18/2020 FILED: NEW YORK COUNTY CLERK 05/18/2020 03:16 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 52