Preview
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
EXHIBIT “H”
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3
4 TAN MacDONALD, JAMES ROBERTS and
€ERTIFIE
Origina
BETH ANN CASS]DY-ROBERTS,
5
Plaintiffs,
6
-against- Index No.
1 155973/2071
TURNER CONSTRUCTION COMPANY ANd THE
B NEW YORK AND PRESBYTERIAN HOSPTTAL
a/k/a THE SOCIETY OF THE NEW YORK
9 HOSPTTAL,
10 Defendants.
11
t2 JuLy L2, 2078
11:13 a.m.
13
I4
15 Videotaped deposition of JAMES ROBERTS/
I6 taken by Defendants, held at the offices of
I1 Morgan Levine Dolan, P.C., l-B East 41st. Street,
1B New York, New York, before Joseph Danyo V, a
19 Shorthand Reporter and Notary Public within
20 and for the State of New York.
2I
22
23
24
25
('Y
I
Reynolds Reporting, Inc.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
¿
1
2 APPEARANCES
3
4 MORGAN LEVTNE DOLAN, P.C.
At.t.orneys for Plaintiffs
q 18 East 41st Street
Sixth Fl-oor
6 New York, New York 10017
1 By: DUANE R. MORGAN, ESQ.
B
9 CULLEN aNd DYKMAN LLP
At.t.orneys for Defendants
10 44 Vr]all Street
New York, New York 10005-2407
11
By: EVI KALLFA, ESQ.
I2
13
I4 Also PresenL:
15 ANDREW GEDACHT, Videographer
I6 -oOo-
71
1B
I9
20
2I
22
23
24
25
)
Reynolds Reporting, fnc.
(631) 839-6153 reynoldsreporting.
hII^r\^I. com
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
3
1
z STIPULAT]ONS
3 ]T ]S HEREBY STTPULATED AND
4 AGREED, by and between the attorneys for
5 respecti-ve parties herein, and in
6 compliance with Rule 221 of the Uniform
1 rul-es f or the Trial Courts:
B THAT the parties recogníze t.he
9 provision of Rule 3115 subdivisions (b), (c)
10 and/or (d) .
11 Att objections made at a
I2 deposition shall be noted by the offícer
13 before whom the deposition is taken, and
I4 the answer shall be given and the
15 deposition shall- proceed subject to the
I6 objections and the right of a person to
t'7 apply for appropriate relief pursuant to
1B Article 31 of the CPLR;
T9 THAT every objecti-on raise
20 during a deposition shall- be stated
2I succinctly and framed so as not to suggest
22 an ans\^rer 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.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
4
1
Z irreqularity. Except to the extent
3 permitted by CPLR Rule 311-5 or by the rule,
4 during the course of the examinatíon of the
5 persons in attendance shall not make
6 statements or commenLs that interfere with
1 the questioning.
B THAT a deponent. shall answer all
9 questions at a deposition, except (i) to
10 preserve a privílege or right of
11 confidentialit.y (f i) to enforce a
I2 limitation set forth in an order of a
13 courL ¡ or (iii) when t.he question is
I4 plainly improper and would, if answered,
15 cause significant. prejudice to any person.
I6 THAT an attorney shall- not
I1 direct a deponent. not to ans\^ler except as
1B provided in CPLR Rul-e 3115 or this
I9 subdivísion. Any refusal to ansl^Ier or
20 direct not to answer shal-l be accompanied
21 by a succinct and clear statement of the
22 basis therefore. If the deponent does not
z5 ans\^rer a question, the examining part.y
24 shall have the right to complete the
25 remainder of the deposítion.
Reynolds Reporting' Inc.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
5
1
z THAT an at.torney shall not
3 interrupt the deposition for the purpose of
4 communicating with t.he deponent unless alI
5 part.ies consent or the communícation is
6 made for the purpose of determining whether
1 t.he question should not be answered on the
B qround set fort.h in section 22I.2 of these
9 rules and, j-n such event, the reasons for
10 the communication shall be st.ated for the
11 record succinctly and clearly.
t2 THAT failure to object to anY
13 question or to move to strike any testimony
t4 at this examlnati-on shall not be a bar or
15 waiver make such objection or motion at the
I6 time of the trial of this action, and is
1-1 hereby reserved; and
1B THAT t.his examination may be
19 sígned and sworn to by the witness examined
ZU herej-n before any Notary Public' but
27 failure to do so or t.o return the original
22 of the examinaLion to the attorney on whose
23 behalf the examination is taken shall not
z4 be deemed a waiver of the rights provided
¿5 by Rules 3116 and 3117 of the CPLR, and
j
Reynolds Reporting, Inc.
(631) 839-6153 h/I^Iw.reynoldsreporting. com
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
6
1
2 shall be controll-ed thereby, and;
3 THAT certification and fí1ing of
4 t.he original of this examination are
5 waived; and,
6 THAT the questioning attorney
1 shal-1 provide counsel for the witness
B examined herein with a copy of this
9 examination at no charqe.
10
11
t2
13
I4
15
76
I7
1B
I9
20
2T
22
23
24
25
Reynolds Reporting, Inc.
(631) 839-6153 wwI^I. reynoldsreporting. com
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
'7
1 Robert s
2 THE VIDEOGRAPHER: The date is
3 July 12th, 2018. The time is
4 11 : 13 a . m. We are l-ocated at Morgan
5 Levine Dolan, P.C. , 18 East. 41st
6 Street New York, New York.
1 We are taking the deposition of
B 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
I2 and Presbyteri-an Hospital a/k/a Tlne
13 Society of the New York Hospital,
I4 pending in the Supreme Court of New
15 York, County of New York, j-ndex
I6 number 155973/2011.
71 My name is Andrew Gedacht, and
1B I'm the video specialist with
I9 Reynolds Reporting. The courL
20 reporter is Joseph Danyo, also with
2I Reynolds Reporting.
22 At this tíme I would ask the
23 attorneys present to please introduce
24 themselves for the video record.
25 Please state your name, the firm with
Reynolds Reporting, fnc.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
B
1 Roberts
Z 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
1 plaintíffs.
B MS. KALLFA: Evi Kallfa with
9 Cullen and Dykman for all defendants.
10 J A ME S R O B E R T S, having been
11 first duly sworn by Joseph Danyo V, a
t2 Notary Public, was examined and testífied
13 as foflows:
T4 EXAMINATTON BY MS. KALLFA:
15 O. Good morning, Mr. Roberts.
T6 A. Good morning.
I1 O. My name is Evi Kallfa. f'm an
1B attorney with Cul-len and Dykman. I
19 represent aII of the defendants. We're
20 here today for your deposition. Have you
2I ever been deposed before?
22 A. No.
ZJ O. Do you know what a dePosition
24 is?
25 A. Sort of.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
9
1 Roberts
2 O. Okay. Before we begin, I'Íl
3 going to give you a set of instructions,
4 okay? This is basícally a question and
5 ans\^rer session, and I need all of your
6 responses to be verbal.
1 As you can see' there is a
B court reporter writing down everything \^ie
9 sâv, and he can't take down any head nods
10 or gestures, okay?
11 A. Yes.
I2 O. If you don't understand anY
13 questíon, please let. me know and 1'l-l try
I4 my best to rephrase it. If you answer the
15 question, I'Ít going to assume that. you
1.6 understood what I was asking, okay?
t1 A. f understand.
1B O. 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
2I estimat.ion 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 O. Is there any reason whY You
Reynolds Reporting' Inc.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
10
1 Roberts
Z can't testify truthfully here today?
3 A. No.
4 O. Have you taken any medicat.ion
5 or druqs or alcohol in the last 24 hours
6 that would impact your ability to testify
1 truthfully here today?
B A. No.
9 O. 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
t2 pending, I ask that you ans\^ier that
13 question before we take the break, okay?
I4 A. Understood.
15 A. All right. Please state Your
I6 full name for the record.
I1 A. James J. Roberts.
1B O. Vühatrs the J for?
19 A. John.
20 O. Have you taken any medication
2I in t.he last 24 hours?
22 A. No.
23 O. Have you consumed anY druqs or
24 al-cohol in the last 24 hours?
25 A. No.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
11
1 Roberts
2 0. Have you ever been known bY anY
3 other name?
4 A. No.
q
O. Besides speaking to your
6 attorney, what did you do to prepare for
1 this deposition?
B A. I didn't do anything.
9 a. Did you speak to anYone besides
10 your attorney in preparation for t.oday's
11 deposit.ion?
t2 A. No.
13 O. Did you review any documents or
1-4 photographs or videos in preparation for
15 today's deposition?
16 A. Just with my }awyer this
T1 morning.
1B O. Okay. Was it documents,
79 photographs or videos that you reviewed?
20 A. A1l of the above.
21. O. Okay. What documents did You
22 review?
23 MR. MORGAN: By counsel, w€
24 reviewed the documents that we
25 received l-ast night from defendants'
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
72
1 Roberts
2 counsel in response to plaintiffs'
3 combined demands and court orders.
4 O. Did you review any photograPhs?
5 A. Yes.
6 O. What. photographs did you
1 review?
B MR. MORGAN: Same response.
9 O. Did you review any videos?
10 A. No.
11 MR. MORGAN: No.
I2 O. Okay. Are you currentfy taki-ng
13 any medication?
I4 A. Yes.
15 O. What medication do you take?
T6 A. Oxycodone, Tylenol.
I1 O. Anything else?
1B A. No.
I9 O. The Oxycodone, how often do You
20 take that?
2I A. Probably about. twice a month,
22 depending on how much I do the day before.
23 O. When was the last time You've
zLr taken the Oxy?
25 A. About ten days ago.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
13
1 Roberts
z O. How about the Tylenol, how
3 often do you take that.?
4 A. Almost daily.
5 O. When was the l-ast t.ime You took
6 ir?
1 A Yesterday morning.
B O. Do you smoke?
9 A Yes.
10 O. How much do you smoke?
11 A. A pack a day.
I2 a. How long have you been doing
13 that ?
1,4 You donrt want to know.
15 ô
Y. Unfortunately I do.
1,6 A. 4I years.
T1 O. 47?
1B A 4r.
1"9 a. Has it always been a pack a
20 day?
21 A. No. When I was younger it was
ZZ less.
ZJ O. Okay. What is your current
24 address ?
25 A. 99 Barnes Road,
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
t4
1 Roberts
z Washingtonvill-e, New York, 70992.
3 O. How long have you lived at that
4 address ?
q A. Three years.
6 O. fs that a home, aPartment,
'7
something else?
B A. ftts a home.
9 O. Do you o\^in, rent it or
10 something else?
11 A. Own.
I2 O. Who lives at that address with
13 you currently?
1,4 A. Myself, my wife, my two kids
15 and my parents.
I6 O. What are your kids' names?
I1 A. Michael. Robert is mY wife's
1B son so he's not legally mine.
I9 a. You haven't adopted him or
20 anything?
2I A. No,
22 O. What is Robert's last name?
23 A. Milfer.
24 O. Michael's l-ast name is the same
25 as yours?
Reynolds Reporting, fnc.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
15
1 Roberts
2 A. Roberts.
3 O. How old is Michael?
4 A. 24.
5 a. How about Robert?
6 A. 23.
1 O. You said your parents also live
B at this address with you?
9 A. Yes.
10 a. Vrlhat are their names?
11 A. Dorot.hy Lyons and Edward Lyons.
T2 O. How do you spell t.he fast name?
13 A. L-y-o-n-s.
I4 O. How old is Dorothy?
15 A. 1T.
I6 O. How about Edward?
11 A. 69.
1B O. On the date of the accident
19 \^ras your living situation the same?
20 A. Yes.
2T O. Prior to 99 Barnes Road, where
ZZ did you resíde?
¿5 A. In Monroe. 1 Frederick Drive.
24 O. 1 Frederick Drive, Monroe?
25 A. Monroe, New York, Yes.
Reynolds Report.ing, Inc.
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FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020
76
1 Roberts
2 a. How long did you live t.here?
3 A. 15 years.
4 O. When you l-ived at 1 Frederick
5 Drive, \^ras that with your wife, your two
6 kids and your parents as well?
1 A. Yes.
B O. What is your date of birth?
9 A. 1"/6/ 1965.
10 O. You're married; correct?
11 A. Yes.
I2 O. How long have You been married?
13 A. Four years.
1,4 O. Is t.his your first marriage?
15 A. No.
16 O. When were You married
1-'7 previously?
1B A. r-989.
19 ô
Preview
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 EXHIBIT “H” FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 4 TAN MacDONALD, JAMES ROBERTS and €ERTIFIE Origina BETH ANN CASS]DY-ROBERTS, 5 Plaintiffs, 6 -against- Index No. 1 155973/2071 TURNER CONSTRUCTION COMPANY ANd THE B NEW YORK AND PRESBYTERIAN HOSPTTAL a/k/a THE SOCIETY OF THE NEW YORK 9 HOSPTTAL, 10 Defendants. 11 t2 JuLy L2, 2078 11:13 a.m. 13 I4 15 Videotaped deposition of JAMES ROBERTS/ I6 taken by Defendants, held at the offices of I1 Morgan Levine Dolan, P.C., l-B East 41st. Street, 1B New York, New York, before Joseph Danyo V, a 19 Shorthand Reporter and Notary Public within 20 and for the State of New York. 2I 22 23 24 25 ('Y I Reynolds Reporting, Inc. (631) 839-6153 wh¡I^/.reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 ¿ 1 2 APPEARANCES 3 4 MORGAN LEVTNE DOLAN, P.C. At.t.orneys for Plaintiffs q 18 East 41st Street Sixth Fl-oor 6 New York, New York 10017 1 By: DUANE R. MORGAN, ESQ. B 9 CULLEN aNd DYKMAN LLP At.t.orneys for Defendants 10 44 Vr]all Street New York, New York 10005-2407 11 By: EVI KALLFA, ESQ. I2 13 I4 Also PresenL: 15 ANDREW GEDACHT, Videographer I6 -oOo- 71 1B I9 20 2I 22 23 24 25 ) Reynolds Reporting, fnc. (631) 839-6153 reynoldsreporting. hII^r\^I. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 3 1 z STIPULAT]ONS 3 ]T ]S HEREBY STTPULATED AND 4 AGREED, by and between the attorneys for 5 respecti-ve parties herein, and in 6 compliance with Rule 221 of the Uniform 1 rul-es f or the Trial Courts: B THAT the parties recogníze t.he 9 provision of Rule 3115 subdivisions (b), (c) 10 and/or (d) . 11 Att objections made at a I2 deposition shall be noted by the offícer 13 before whom the deposition is taken, and I4 the answer shall be given and the 15 deposition shall- proceed subject to the I6 objections and the right of a person to t'7 apply for appropriate relief pursuant to 1B Article 31 of the CPLR; T9 THAT every objecti-on raise 20 during a deposition shall- be stated 2I succinctly and framed so as not to suggest 22 an ans\^rer 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 reynoldsreporting. wr^¡\^/. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 4 1 Z irreqularity. Except to the extent 3 permitted by CPLR Rule 311-5 or by the rule, 4 during the course of the examinatíon of the 5 persons in attendance shall not make 6 statements or commenLs that interfere with 1 the questioning. B THAT a deponent. shall answer all 9 questions at a deposition, except (i) to 10 preserve a privílege or right of 11 confidentialit.y (f i) to enforce a I2 limitation set forth in an order of a 13 courL ¡ or (iii) when t.he question is I4 plainly improper and would, if answered, 15 cause significant. prejudice to any person. I6 THAT an attorney shall- not I1 direct a deponent. not to ans\^ler except as 1B provided in CPLR Rul-e 3115 or this I9 subdivísion. Any refusal to ansl^Ier or 20 direct not to answer shal-l be accompanied 21 by a succinct and clear statement of the 22 basis therefore. If the deponent does not z5 ans\^rer a question, the examining part.y 24 shall have the right to complete the 25 remainder of the deposítion. Reynolds Reporting' Inc. (631 ) B 39- 61-53 \^/\^/\^i. reynoldsreporting . com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 5 1 z THAT an at.torney shall not 3 interrupt the deposition for the purpose of 4 communicating with t.he deponent unless alI 5 part.ies consent or the communícation is 6 made for the purpose of determining whether 1 t.he question should not be answered on the B qround set fort.h in section 22I.2 of these 9 rules and, j-n such event, the reasons for 10 the communication shall be st.ated for the 11 record succinctly and clearly. t2 THAT failure to object to anY 13 question or to move to strike any testimony t4 at this examlnati-on shall not be a bar or 15 waiver make such objection or motion at the I6 time of the trial of this action, and is 1-1 hereby reserved; and 1B THAT t.his examination may be 19 sígned and sworn to by the witness examined ZU herej-n before any Notary Public' but 27 failure to do so or t.o return the original 22 of the examinaLion to the attorney on whose 23 behalf the examination is taken shall not z4 be deemed a waiver of the rights provided ¿5 by Rules 3116 and 3117 of the CPLR, and j Reynolds Reporting, Inc. (631) 839-6153 h/I^Iw.reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 6 1 2 shall be controll-ed thereby, and; 3 THAT certification and fí1ing of 4 t.he original of this examination are 5 waived; and, 6 THAT the questioning attorney 1 shal-1 provide counsel for the witness B examined herein with a copy of this 9 examination at no charqe. 10 11 t2 13 I4 15 76 I7 1B I9 20 2T 22 23 24 25 Reynolds Reporting, Inc. (631) 839-6153 wwI^I. reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 '7 1 Robert s 2 THE VIDEOGRAPHER: The date is 3 July 12th, 2018. The time is 4 11 : 13 a . m. We are l-ocated at Morgan 5 Levine Dolan, P.C. , 18 East. 41st 6 Street New York, New York. 1 We are taking the deposition of B 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 I2 and Presbyteri-an Hospital a/k/a Tlne 13 Society of the New York Hospital, I4 pending in the Supreme Court of New 15 York, County of New York, j-ndex I6 number 155973/2011. 71 My name is Andrew Gedacht, and 1B I'm the video specialist with I9 Reynolds Reporting. The courL 20 reporter is Joseph Danyo, also with 2I Reynolds Reporting. 22 At this tíme I would ask the 23 attorneys present to please introduce 24 themselves for the video record. 25 Please state your name, the firm with Reynolds Reporting, fnc. (631) 839-6153 reynoldsreporting. I^II^I\^I. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 B 1 Roberts Z 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 1 plaintíffs. B MS. KALLFA: Evi Kallfa with 9 Cullen and Dykman for all defendants. 10 J A ME S R O B E R T S, having been 11 first duly sworn by Joseph Danyo V, a t2 Notary Public, was examined and testífied 13 as foflows: T4 EXAMINATTON BY MS. KALLFA: 15 O. Good morning, Mr. Roberts. T6 A. Good morning. I1 O. My name is Evi Kallfa. f'm an 1B attorney with Cul-len and Dykman. I 19 represent aII of the defendants. We're 20 here today for your deposition. Have you 2I ever been deposed before? 22 A. No. ZJ O. Do you know what a dePosition 24 is? 25 A. Sort of. Reynolds RePorting, Inc. (631) 839-6153 reynoldsreporting. \^Iw\^/. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 9 1 Roberts 2 O. Okay. Before we begin, I'Íl 3 going to give you a set of instructions, 4 okay? This is basícally a question and 5 ans\^rer session, and I need all of your 6 responses to be verbal. 1 As you can see' there is a B court reporter writing down everything \^ie 9 sâv, and he can't take down any head nods 10 or gestures, okay? 11 A. Yes. I2 O. If you don't understand anY 13 questíon, please let. me know and 1'l-l try I4 my best to rephrase it. If you answer the 15 question, I'Ít going to assume that. you 1.6 understood what I was asking, okay? t1 A. f understand. 1B O. 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 2I estimat.ion 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 O. Is there any reason whY You Reynolds Reporting' Inc. (631) 839-6153 reynoldsreporting. I^/w\^I. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 10 1 Roberts Z can't testify truthfully here today? 3 A. No. 4 O. Have you taken any medicat.ion 5 or druqs or alcohol in the last 24 hours 6 that would impact your ability to testify 1 truthfully here today? B A. No. 9 O. 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 t2 pending, I ask that you ans\^ier that 13 question before we take the break, okay? I4 A. Understood. 15 A. All right. Please state Your I6 full name for the record. I1 A. James J. Roberts. 1B O. Vühatrs the J for? 19 A. John. 20 O. Have you taken any medication 2I in t.he last 24 hours? 22 A. No. 23 O. Have you consumed anY druqs or 24 al-cohol in the last 24 hours? 25 A. No. Reynolds Reporting' fnc. (631) 839-6153 \^iwI^I. reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 11 1 Roberts 2 0. Have you ever been known bY anY 3 other name? 4 A. No. q O. Besides speaking to your 6 attorney, what did you do to prepare for 1 this deposition? B A. I didn't do anything. 9 a. Did you speak to anYone besides 10 your attorney in preparation for t.oday's 11 deposit.ion? t2 A. No. 13 O. Did you review any documents or 1-4 photographs or videos in preparation for 15 today's deposition? 16 A. Just with my }awyer this T1 morning. 1B O. Okay. Was it documents, 79 photographs or videos that you reviewed? 20 A. A1l of the above. 21. O. Okay. What documents did You 22 review? 23 MR. MORGAN: By counsel, w€ 24 reviewed the documents that we 25 received l-ast night from defendants' Reynolds Reporting, Inc. (631) 839-6153 wwl^r. reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 72 1 Roberts 2 counsel in response to plaintiffs' 3 combined demands and court orders. 4 O. Did you review any photograPhs? 5 A. Yes. 6 O. What. photographs did you 1 review? B MR. MORGAN: Same response. 9 O. Did you review any videos? 10 A. No. 11 MR. MORGAN: No. I2 O. Okay. Are you currentfy taki-ng 13 any medication? I4 A. Yes. 15 O. What medication do you take? T6 A. Oxycodone, Tylenol. I1 O. Anything else? 1B A. No. I9 O. The Oxycodone, how often do You 20 take that? 2I A. Probably about. twice a month, 22 depending on how much I do the day before. 23 O. When was the last time You've zLr taken the Oxy? 25 A. About ten days ago. Reynolds Reporting, Inc. (631) 839-6153 ww\^i. reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 13 1 Roberts z O. How about the Tylenol, how 3 often do you take that.? 4 A. Almost daily. 5 O. When was the l-ast t.ime You took 6 ir? 1 A Yesterday morning. B O. Do you smoke? 9 A Yes. 10 O. How much do you smoke? 11 A. A pack a day. I2 a. How long have you been doing 13 that ? 1,4 You donrt want to know. 15 ô Y. Unfortunately I do. 1,6 A. 4I years. T1 O. 47? 1B A 4r. 1"9 a. Has it always been a pack a 20 day? 21 A. No. When I was younger it was ZZ less. ZJ O. Okay. What is your current 24 address ? 25 A. 99 Barnes Road, Reynolds Reporting' Inc. (631) 839-6153 reynoldsreporting. I¡/I¡/w. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 t4 1 Roberts z Washingtonvill-e, New York, 70992. 3 O. How long have you lived at that 4 address ? q A. Three years. 6 O. fs that a home, aPartment, '7 something else? B A. ftts a home. 9 O. Do you o\^in, rent it or 10 something else? 11 A. Own. I2 O. Who lives at that address with 13 you currently? 1,4 A. Myself, my wife, my two kids 15 and my parents. I6 O. What are your kids' names? I1 A. Michael. Robert is mY wife's 1B son so he's not legally mine. I9 a. You haven't adopted him or 20 anything? 2I A. No, 22 O. What is Robert's last name? 23 A. Milfer. 24 O. Michael's l-ast name is the same 25 as yours? Reynolds Reporting, fnc. (631) 839-6153 \^/whl. reynoldsreporting. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 15 1 Roberts 2 A. Roberts. 3 O. How old is Michael? 4 A. 24. 5 a. How about Robert? 6 A. 23. 1 O. You said your parents also live B at this address with you? 9 A. Yes. 10 a. Vrlhat are their names? 11 A. Dorot.hy Lyons and Edward Lyons. T2 O. How do you spell t.he fast name? 13 A. L-y-o-n-s. I4 O. How old is Dorothy? 15 A. 1T. I6 O. How about Edward? 11 A. 69. 1B O. On the date of the accident 19 \^ras your living situation the same? 20 A. Yes. 2T O. Prior to 99 Barnes Road, where ZZ did you resíde? ¿5 A. In Monroe. 1 Frederick Drive. 24 O. 1 Frederick Drive, Monroe? 25 A. Monroe, New York, Yes. Reynolds Report.ing, Inc. (631) 839-6153 \^/ww. reynoldsreportíng. com FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 09/25/2020 76 1 Roberts 2 a. How long did you live t.here? 3 A. 15 years. 4 O. When you l-ived at 1 Frederick 5 Drive, \^ras that with your wife, your two 6 kids and your parents as well? 1 A. Yes. B O. What is your date of birth? 9 A. 1"/6/ 1965. 10 O. You're married; correct? 11 A. Yes. I2 O. How long have You been married? 13 A. Four years. 1,4 O. Is t.his your first marriage? 15 A. No. 16 O. When were You married 1-'7 previously? 1B A. r-989. 19 ô