On April 01, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Wilmer Cabrera
As Administrator Of The Estate Of Henry Esteban Salinas Cerrato,
and
Altitude Equipment Rentals Llc,
Creative Christmas, Inc.,
Lincoln Square Condominium,
Robert A. Kreitzer Jr.,
United Parcel Service, Inc.,
for Tort
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019
1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF KINGS
4 Index No. 503785/2015
5 ---------------------------------------x
6 WILMER CABRERA, as Administrator of the
Estate of HENRY ESTEBAN SALINAS CERRATO,
7 Deceased,
8 Plaintiff,
- against -
9
10 UNITED PARCEL SERVICE, INC., ROBERT A.
KREITZER, JR., CREATIVE CHRISTMAS, INC.,
11 LINCOLN SQUARE CONDOMINIUM and ALTITUDE
EQUIPMENT RENTALS, LLC
12
Defendants.
13
----------------------------------------x
14 Index No. 595409/2015
----------------------------------------x
15
UNITED PARCEL SERVICE, INC. and ROBERT A.
16 KREITZER, JR.,
17 Third-Party Plaintiffs,
18 -against -
19 ALTITUDE EQUIPMENT RENTALS, LLC,
20 Third-Party Defendant.
21 ----------------------------------------x
May 2, 2017
22 10:10 a.m.
23
24 EXAMINATION BEFORE TRIAL OF
25 WILMER MOIZES CABRERA ARIAS
VeritextLegal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019
Page 131
1 WILMER MOIZES CABRERA ARIAS
2 I don't know if they got paid.
3 Q. Do you know who paid to ship
4 Mr. Salinas' back to Honduras?
body
5 A. We did.
6 Q. When you "we," who?
say
7 A. Me, myself. Me and my sister.
8 Q. How much did that cost?
9 A. It was close to $5,000.
10 Q. Was there a funeral back in
11 Honduras that your you're aware of?
12 A. Yes, they did a funeral.
13 Q. Do you know how much that cost?
14 A. No, I don't know.
15 Q. Do you know who paid for it,
16 whatever that amount might have been?
17 A. His family over there.
18 Q. During the questioning of my
19 colleagues, we were talking about
20 Mr. Salinas' children back in Honduras.
21 Henry was the only child's name that you
22 actually knew the name of, and the names
23 of the two other girls -- daughters were
24 suggested to you.
25 Regardless of the names of the
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019
Page 143
1 WILMER MOIZES CABRERA ARIAS
2 A. They send it the same way,
3 MoneyGram or Western Union.
4 MR. O'CONNOR: No further
5 questions.
6 MR. MACEIRA: Thank you very
7 much, gentlemen.
8 (Time noted: 12:28 p.m.)
9
1 O
1 1
1 2
_______________________
13 WILMER MOIZES CABRERA ARIAS
1 4
15 Signed and subscribed to
16 before me this day
17 of , 2017.
1 8
________________________
19 Notary Public
2 0
2 1
2 2
23
2 4
25
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019
Page 146
1
2 C E R T I F I C A T E
3
4 I, TAMMY O'BERG, a Registered
5 Professional Reporter and Notary Public
6 within and for the State of New York, do
7 hereby certify:
8 That WILMER MOIZES CABRERA ARIAS,
9 the witness whose examination is
10 hereinbefore set forth, was duly sworn by
11 me and that this transcript of such
12 examination is a true record of the
13 testimony given by such witness.
14 I further certify that I am not
15 related to any of the parties to this
16 action by blood or marriage and that I am
17 in no way interested in the outcome of
18 this matter.
19 IN WITNESS WHEREOF, I have hereunto
20 set my hand this 15th day of May, 2017.
21
23 ________________________
24 TAMMY O'BERG
25
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
Document Filed Date
July 25, 2019
Case Filing Date
April 01, 2015
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FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF KINGS 4 Index No. 503785/2015 5 ---------------------------------------x 6 WILMER CABRERA, as Administrator of the Estate of HENRY ESTEBAN SALINAS CERRATO, 7 Deceased, 8 Plaintiff, - against - 9 10 UNITED PARCEL SERVICE, INC., ROBERT A. KREITZER, JR., CREATIVE CHRISTMAS, INC., 11 LINCOLN SQUARE CONDOMINIUM and ALTITUDE EQUIPMENT RENTALS, LLC 12 Defendants. 13 ----------------------------------------x 14 Index No. 595409/2015 ----------------------------------------x 15 UNITED PARCEL SERVICE, INC. and ROBERT A. 16 KREITZER, JR., 17 Third-Party Plaintiffs, 18 -against - 19 ALTITUDE EQUIPMENT RENTALS, LLC, 20 Third-Party Defendant. 21 ----------------------------------------x May 2, 2017 22 10:10 a.m. 23 24 EXAMINATION BEFORE TRIAL OF 25 WILMER MOIZES CABRERA ARIAS VeritextLegal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019 Page 131 1 WILMER MOIZES CABRERA ARIAS 2 I don't know if they got paid. 3 Q. Do you know who paid to ship 4 Mr. Salinas' back to Honduras? body 5 A. We did. 6 Q. When you "we," who? say 7 A. Me, myself. Me and my sister. 8 Q. How much did that cost? 9 A. It was close to $5,000. 10 Q. Was there a funeral back in 11 Honduras that your you're aware of? 12 A. Yes, they did a funeral. 13 Q. Do you know how much that cost? 14 A. No, I don't know. 15 Q. Do you know who paid for it, 16 whatever that amount might have been? 17 A. His family over there. 18 Q. During the questioning of my 19 colleagues, we were talking about 20 Mr. Salinas' children back in Honduras. 21 Henry was the only child's name that you 22 actually knew the name of, and the names 23 of the two other girls -- daughters were 24 suggested to you. 25 Regardless of the names of the Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019 Page 143 1 WILMER MOIZES CABRERA ARIAS 2 A. They send it the same way, 3 MoneyGram or Western Union. 4 MR. O'CONNOR: No further 5 questions. 6 MR. MACEIRA: Thank you very 7 much, gentlemen. 8 (Time noted: 12:28 p.m.) 9 1 O 1 1 1 2 _______________________ 13 WILMER MOIZES CABRERA ARIAS 1 4 15 Signed and subscribed to 16 before me this day 17 of , 2017. 1 8 ________________________ 19 Notary Public 2 0 2 1 2 2 23 2 4 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 278 RECEIVED NYSCEF: 07/25/2019 Page 146 1 2 C E R T I F I C A T E 3 4 I, TAMMY O'BERG, a Registered 5 Professional Reporter and Notary Public 6 within and for the State of New York, do 7 hereby certify: 8 That WILMER MOIZES CABRERA ARIAS, 9 the witness whose examination is 10 hereinbefore set forth, was duly sworn by 11 me and that this transcript of such 12 examination is a true record of the 13 testimony given by such witness. 14 I further certify that I am not 15 related to any of the parties to this 16 action by blood or marriage and that I am 17 in no way interested in the outcome of 18 this matter. 19 IN WITNESS WHEREOF, I have hereunto 20 set my hand this 15th day of May, 2017. 21 23 ________________________ 24 TAMMY O'BERG 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400