Preview
FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
EXHIBIT E
FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
ED; SUFFOLK COUNTY CLERK 08/ 2%†!2018004½°1 Ñ
NYSCEF DOC . NO. 2
SUPREME COURT - STATE O ÊWVhNYSCEF : 08 /2 8 /2 018
SUFFOLK COUNTY - PART 7
P R E S E N T : . .
Hon. Winiam B. Rebolini
Justice of the Supreme Court
: CONFERENCE STIPULATION/ORDER
Index No._1 t O _f }
___....__.--______________________------------------x
A conference having been held on , counsel for plaintiffand
defendant hereby stipulate and agree as follows:
C
Dated: ( t ti
o ney s)fog tt rney(s) for: G
Attorney s) f : Attorney(s) for:
SO ORDERED:
Attorney(s) for:
WILLIAM B. REBOLINI, J.S.C.
1 of 1
FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 1]
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
- - - - - - - - - - - - - - - - - - - - - - - - -X
xxxxxx xxxxxxxx on behalf of C S an
infant under the age of 18, and xxxxxx xxxxxxxx,
Individually,
PLAINTIFFS,
- against - INDEX NO.: 026910/12
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER,
FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN
ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. k/n/a
ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC. and
ZYDUS PHARMACEUTICALS USA, INC.,
DEFENDANTS.
- - - - - - - - - - - - - - - - - - - - - - - - -X
DATE: January 21, 2014
TIME: 10:34 A.M.
EXAMINATION BEFORE TRIAL of the
Plaintiff, xxxxxx xxxxxxxx, taken by the
Defendants, pursuant to a Court Order, held at the
offices of BARTLETT, McDONOUGH & MONAGHAN, LLP,
170 Old Country Road, Mineola, New York 11501,
before a Notary Public of the State of New York.
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 2]
1
2 A P P E A R A N C E S:
3
4 NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plaintiffs
5 Empire State Building
350 Fifth Avenue, Suite 7413
6 New York, New York 10118
BY: STAESHA O. RATH, ESQ.
7
8
BOWER LAW P.C.
9 Attorneys for Defendants
RONALD J. TADEO, M.D. s/h/a
10 RONALD J. TADEO, M.D. and
SHORE PSYCHIATRIC CENTER
11 1220 RXR Plaza
Uniondale, New York 11556
12 BY: ANINA H. MONTE, ESQ.
FILE #: 199.124
13
14
LAW OFFICES OF MITCHELL J. ANGEL, PLLC
15 Attorneys for Defendant
RICHARD PITCH, M.D.
16 170 Old Country Road, Suite 210
Mineola, New York 11501
17 BY: ANGELA FABIANO, ESQ.
FILE #: MLM 37682
18
19
BARTLETT, McDONOUGH & MONAGHAN, LLP
20 Attorneys for Defendants
SCOTT BERLIN, M.D. and
21 BERLIN OB/GYN ASSOCIATES
170 Old Country Road, 4th Floor
22 Mineola, New York 11501
BY: GLEN T. PEWARSKI, ESQ.
23 FILE #: PRI 2440555
24
25
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
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1
2 A P P E A R A N C E S (Cont'd.):
3
4 KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant
5 FAMILY PSYCHOLOGY OF LONG
ISLAND, P.C.
6 1205 Franklin Avenue, Suite 200
Garden City, New York 11530
7 BY: PATRICK A. DOLAN, ESQ.
FILE #: 508.166
8
9
PATTERSON BELKNAP WEBB & TYLER, LLP
10 Attorneys for Defendant
JANSSEN PHARMACEUTICALS, INC.
11 1133 Avenue of the Americas
New York, New York 10036
12 BY: JAMES MURDICA, ESQ.
MATTHEW W.J. WEBB, ESQ.
13 FILE #: J54102576
14
15 SILLS CUMMIS & GROSS, P.C.
Attorneys for Defendant
16 ZYDUS PHARMACEUTICALS USA, INC .
30 Rockefeller Plaza
17 New York, New York 10112
BY: KATHERINE M. LIEB, ESQ.
18 FILE #: 02520075-000001
19
20
21
22
23
24
25
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.1 Objections at Depositions
4 (a) Objections in general. No objections
shall be made at a deposition except those
5 which, pursuant to subdivision Ob), (c) or (d)
of Rule 3115 of the Civil Practice Law and
6 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
7 such rule. All objections made at a
deposition shall be noted by the officer
8 before whom the deposition is taken, and the
answer shall be given and the deposition shall
9 proceed subject to the objections and to the
right of a person to apply for appropriate
10 relief pursuant to Article 31 of the CPLR.
Ob) Speaking objections restricted.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as
12 not to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent permitted
by CPLR Rule 3115 or by this rule, during the
15 course of the examination persons in
attendance shall not make statements or
16 comments that interfere with the questioning.
17 221.2 Refusal to answer when objection is made.
A deponent shall answer all questions at
18 a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
19 enforce a limitation set forth in an order of
the court, or (iii) when the question is
20 plainly improper and would, if answered, cause
significant prejudice to any person. An
21 attorney shall not direct a deponent not to
answer except as provided in CPLR Rule 3115 or
22 this subdivision. Any refusal to answer or
direction not to answer shall be accompanied
23 by a succinct and clear statement of the basis
therefor. If the deponent does not answer a
24 question, the examining party shall have the
right to complete the remainder of the
25 deposition.
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent.
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties consent
or the communication is made for the purpose
6 of determining whether the question should not
be answered on the grounds set forth in
7 section 221.2 of these rules and, in such
event, the reason for the communication shall
8 be stated for the record succinctly and
clearly.
9
10
11 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before any Notary
12 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
13
14 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized
15 for all purposes as provided by the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED that
17 all rights provided to all parties by the CPLR
cannot be deemed waived and the appropriate
18 sections of the CPLR shall be controlling with
respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
21 parties hereto that a copy of this examination
shall be furnished, without charge, to the
22 attorneys representing the witness testifying
herein.
23
24
25
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
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1
2 P A M E L A D E N I S E S C H A L L E R,
3 called as a witness, having been first duly sworn
4 by a Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MS. MONTE:
8 Q. Good morning, Miss xxxxxxxx.
9 A. Good morning.
10 Q. My name is Anina Monte. I'm from
11 the law firm of Bower Law P.C. I represent
12 Dr. Taddeo in an action that was brought you on
by
13 behalf of your son, C S
14 I'm going to be you a series
asking
15 of questions this morning. If at any time you
16 don't understand a question that I've asked you,
17 please let me know and I will do the best that I
18 can to rephrase it. Okay?
19 A. Okay.
20 Q. If you need a break, please let me
21 know, we will accommodate you. The only thing
22 that I ask is that you answer any question which
23 has been posed to you first. Okay?
24 A. Okay.
25 Q. Lastly, all of your answers need to
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1 P. xxxxxxxx
2 be verbal; and as was just mentioned, please keep
3 your voice up, so that all of the attorneys in the
4 room can hear you. Okay?
5 A. Okay.
6 Q. For the record, can you please state
7 your full name?
8 A. Yes, xxxxxx xxxxxxxx.
9 Q. And your address, please?
10 A. Sorry, xxxxxx Denise xxxxxxxx.
11 Q. Okay.
12 A. At 1734 Spur Drive South, Islip, New
13 York 11751.
14 Q. Do you have a maiden name?
15 A. Yes.
16 Q. What was your maiden name?
17 A. Blair, B-L-A-I-R.
18 Q. What is your date of birth?
19 A. It's
20 Q. Where were you born?
21 A. Bethpage, New York.
22 Q. Are you currently married? !
23 A. Yes.
24 Q. What is your husband's name?
25 A. Tony, T-O-N-Y.
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 8]
1 P. xxxxxxxx
2 Q. xxxxxxxx?
3 A. yes.
4 Q. Is his full name Tony?
5 A. Yes.
6 Q. When were you married?
7 A. April 26, 1998.
8 Q. Do you have any children?
9 A. Yes.
10 Q. Can you tell me the names and dates
11 of birth of your children?
12 A. Yes, Brandon, B-R-A-N-D-O-N,
13 Brittany, B-R-I-T-T-A-N-Y, ; Tony, Jr.,
14 -
and xxxxx,
15 Q. What are the names of your parents?
16 A. Carol and Joel Blair, B-L-A-I-R.
17 Q. Does Carol have an "E" on the end of
18 it?
19 A. No.
20 Q. Are they currently alive?
b
21 A. Yes.
22 Q. What is your mother's date of birth?
23 A. I believe it's
24 Q. And your father's date of
25 birth?
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 9]
1 P. xxxxxxxx
2 A. I don't remember his year, but $9
3 Q. Do you know how old he is,
4 approximately?
5 A. He's in his 70's.
6 Q. Do you have any siblings?
7 A. I do.
8 Q. How many and what are their names?
9 A. . One.
10 Q. Okay.
11 A. Barbara Reid, R-E-I-D.
12 Q. And how old is Barbara?
13 A. She is four years older than me.
14 Q. Okay.
15 A. Five years. Five years.
16 Q. So she's 44?
17 A. Yes.
18 Q. Does Barbara have any children?
19 A. Yes.
20 Q. How many?
21 A. Two.
22 Q. What are their names?
23 A. Anthony and Morgan, M-O-R-G-A-N.
24 Q. And how old is Anthony?
25 A. He will be 12; and Morgan is, I
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 10]
1 P. xxxxxxxx
2 think around 8.
3 Q. Does your husband Tony have any
4 siblings?
5 A. Yes.
6 Q. What are Tony's siblings' names?
7 A. Linda, L-I-N-D-A, and Magdalena.
8 Q. What is Linda's last name?
9 A. Ryan, R-Y-A-N.
10 Q. And Magdalena's last name?
11 A. xxxxxxxx.
12 Q. Is Linda married?
13 A. Yes.
14 Q. What is her husband's name?
15 A. Rob, Robert.
16 Q. And do Linda and Robert have any
17 children?
18 A. Yes.
19 Q. And what are their children's names?
20 A. Justin and Nicholas,
21 N-I-C-H-O-L-A-S.
22 Q. How old is Justin?
23 A. Oh, all of these questions. Justin
24 is, I believe, I think around 19.
25 Q. And how old is Nicholas?
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
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1 P. xxxxxxxx
2 A. I think he's around 14.
3 Q. Is Magdalena xxxxxxxx married?
4 A. No.
5 Q. Are Tony's parents alive?
6 A. Just one.
7 Q. Who is alive?
8 A. His mother.
9 Q. . What is her name?
10 A. Magdalena.
11 Q. What is her last name?
12 A. xxxxxxxx.
13 Q. How old is she?
14 A. She will be 86.
15 Q. Good for her.
16 A. Yes.
17 Q. What was Tony's father's name?
18 A. Johann, J-O-H-A-N-N.
19 Q. Thank you.
20 A. You're welcome.
21 Q. And how old was Johann, when he
22 passed?
23 A. In his 60's.
24 Q. Do you know what he died from?
25 A. A massive heart attack.
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 12]
1 P. xxxxxxxx
2 Q. What is your highest level of
3 education?
4 A. Court reporting school.
5 Q. And when did you complete court
6 reporting school?
7 A. I believe it was 1996.
8 Q. Were you ever employed as a court
9 reporter?
10 A. Yes.
11 Q. For what service?
12 A. There was a few of them.
13 Q. For what services?
14 A. The first one -- I can't remember
15 all of their names. I'll tell you what I
16 remember.
17 Q. That's all I'm asking from you.
18 A. Advanced --
Reporting
19 Q. Okay.
20 A. -- then there was and
ED, Precise,
21 then I believe I ended with Gemini.
22 Q. And when were you last employed as a
23 court reporter?
24 A. 2002, yes.
25 Q. When did you graduate high school?
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 13]
1 P. xxxxxxxx
2 A. 1992.
3 Q. In between graduating high school in
4 and court school --
1992, completing reporting
5 MR. PEWARSKI: Did you say '82 or
6 '92?
7 THE WITNESS: '92.
8 MS. MONTE: '92 , yeah.
9 Q. In between graduating high school in
10 1992 , and completing court reporting school in
11 1996, what, if anything, did you do?
12 A. Just worked part-time.
13 Q. In what field?
14 A. It was doing like telemarketing for
15 a brokerage firm.
16 Q. Did you hold that part-time job
17 consistently from '92 to '96?
18 A. It was -- it was about that I
time,
19 don't remember exactly. Before that, I had
20 another job, I believe.
21 Q. What kind of job?
22 A. At Marshalls, retail.
23 Q. In between the years of 1996 to
24 2002, were you employed in any other capacity ,
25 besides as a court reporter?
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
[Page 14]
1 P. xxxxxxxx
2 A. No.
3 Q. Since finishing your work with
4 Gemini in 2002, have you been employed in any
5 capacity?
6 A. Yes, yes.
7 Q. Okay. In what capacity?
8 A. I did scoping.
9 Q. What does that mean?
10 A. It's where a court reporter gives
11 her finished product -- or almost finished product
12 to someone who, like, proofreads it and edits it,
13 and then you give it back to the court reporter as
14 a finished product.
15 Q. And for how long did you do that?
16 A. 2002 to approximately, I'm thinking
17 2010.
18 Q. Other than scoping, was there any
19 other formal employment, after 2002?
20 A. No.
21 Q. Since the present time?
22 A. Yes.
23 Q. Other than graduating high school
24 and going to court reporting school, have you
25 attended any other school, even if you didn't
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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019
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1 P. xxxxxxxx
2 complete the program?
3 A. No.
4 Q. Have you ever been trained in any
5 form of medical services --
services, nursing
6 A. No.
7 Q. -- or that like?
anything
8 A. Sorry.
9 Q. It's. okay. What does your husband
10 do?
11 A. He is a super in Local 3.
12 Q. Is that a public school?
13 A. No; it's the electrical industry,
14 the Local 3 union.
15 Q. Is he an electrician?
16 A. yes. Well, yes.
17 Q. I sensed some hesitation in that
18 last answer, is there I'm not
something
19 understanding? W
Preview
FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 EXHIBIT E FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 ED; SUFFOLK COUNTY CLERK 08/ 2%†!2018004½°1 Ñ NYSCEF DOC . NO. 2 SUPREME COURT - STATE O ÊWVhNYSCEF : 08 /2 8 /2 018 SUFFOLK COUNTY - PART 7 P R E S E N T : . . Hon. Winiam B. Rebolini Justice of the Supreme Court : CONFERENCE STIPULATION/ORDER Index No._1 t O _f } ___....__.--______________________------------------x A conference having been held on , counsel for plaintiffand defendant hereby stipulate and agree as follows: C Dated: ( t ti o ney s)fog tt rney(s) for: G Attorney s) f : Attorney(s) for: SO ORDERED: Attorney(s) for: WILLIAM B. REBOLINI, J.S.C. 1 of 1 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 1] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - - - - -X xxxxxx xxxxxxxx on behalf of C S an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, PLAINTIFFS, - against - INDEX NO.: 026910/12 RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., DEFENDANTS. - - - - - - - - - - - - - - - - - - - - - - - - -X DATE: January 21, 2014 TIME: 10:34 A.M. EXAMINATION BEFORE TRIAL of the Plaintiff, xxxxxx xxxxxxxx, taken by the Defendants, pursuant to a Court Order, held at the offices of BARTLETT, McDONOUGH & MONAGHAN, LLP, 170 Old Country Road, Mineola, New York 11501, before a Notary Public of the State of New York. 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 2] 1 2 A P P E A R A N C E S: 3 4 NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plaintiffs 5 Empire State Building 350 Fifth Avenue, Suite 7413 6 New York, New York 10118 BY: STAESHA O. RATH, ESQ. 7 8 BOWER LAW P.C. 9 Attorneys for Defendants RONALD J. TADEO, M.D. s/h/a 10 RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 11 1220 RXR Plaza Uniondale, New York 11556 12 BY: ANINA H. MONTE, ESQ. FILE #: 199.124 13 14 LAW OFFICES OF MITCHELL J. ANGEL, PLLC 15 Attorneys for Defendant RICHARD PITCH, M.D. 16 170 Old Country Road, Suite 210 Mineola, New York 11501 17 BY: ANGELA FABIANO, ESQ. FILE #: MLM 37682 18 19 BARTLETT, McDONOUGH & MONAGHAN, LLP 20 Attorneys for Defendants SCOTT BERLIN, M.D. and 21 BERLIN OB/GYN ASSOCIATES 170 Old Country Road, 4th Floor 22 Mineola, New York 11501 BY: GLEN T. PEWARSKI, ESQ. 23 FILE #: PRI 2440555 24 25 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 3] 1 2 A P P E A R A N C E S (Cont'd.): 3 4 KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant 5 FAMILY PSYCHOLOGY OF LONG ISLAND, P.C. 6 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 7 BY: PATRICK A. DOLAN, ESQ. FILE #: 508.166 8 9 PATTERSON BELKNAP WEBB & TYLER, LLP 10 Attorneys for Defendant JANSSEN PHARMACEUTICALS, INC. 11 1133 Avenue of the Americas New York, New York 10036 12 BY: JAMES MURDICA, ESQ. MATTHEW W.J. WEBB, ESQ. 13 FILE #: J54102576 14 15 SILLS CUMMIS & GROSS, P.C. Attorneys for Defendant 16 ZYDUS PHARMACEUTICALS USA, INC . 30 Rockefeller Plaza 17 New York, New York 10112 BY: KATHERINE M. LIEB, ESQ. 18 FILE #: 02520075-000001 19 20 21 22 23 24 25 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 4] 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions 4 (a) Objections in general. No objections shall be made at a deposition except those 5 which, pursuant to subdivision Ob), (c) or (d) of Rule 3115 of the Civil Practice Law and 6 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 7 such rule. All objections made at a deposition shall be noted by the officer 8 before whom the deposition is taken, and the answer shall be given and the deposition shall 9 proceed subject to the objections and to the right of a person to apply for appropriate 10 relief pursuant to Article 31 of the CPLR. Ob) Speaking objections restricted. 11 Every objection raised during a deposition shall be stated succinctly and framed so as 12 not to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, during the 15 course of the examination persons in attendance shall not make statements or 16 comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions at 18 a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to 19 enforce a limitation set forth in an order of the court, or (iii) when the question is 20 plainly improper and would, if answered, cause significant prejudice to any person. An 21 attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or 22 this subdivision. Any refusal to answer or direction not to answer shall be accompanied 23 by a succinct and clear statement of the basis therefor. If the deponent does not answer a 24 question, the examining party shall have the right to complete the remainder of the 25 deposition. 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 5] 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent. 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for the purpose 6 of determining whether the question should not be answered on the grounds set forth in 7 section 221.2 of these rules and, in such event, the reason for the communication shall 8 be stated for the record succinctly and clearly. 9 10 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any Notary 12 Public with the same force and effect as if signed before a clerk or a Judge of the court. 13 14 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized 15 for all purposes as provided by the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED that 17 all rights provided to all parties by the CPLR cannot be deemed waived and the appropriate 18 sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 21 parties hereto that a copy of this examination shall be furnished, without charge, to the 22 attorneys representing the witness testifying herein. 23 24 25 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 6] 1 2 P A M E L A D E N I S E S C H A L L E R, 3 called as a witness, having been first duly sworn 4 by a Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MS. MONTE: 8 Q. Good morning, Miss xxxxxxxx. 9 A. Good morning. 10 Q. My name is Anina Monte. I'm from 11 the law firm of Bower Law P.C. I represent 12 Dr. Taddeo in an action that was brought you on by 13 behalf of your son, C S 14 I'm going to be you a series asking 15 of questions this morning. If at any time you 16 don't understand a question that I've asked you, 17 please let me know and I will do the best that I 18 can to rephrase it. Okay? 19 A. Okay. 20 Q. If you need a break, please let me 21 know, we will accommodate you. The only thing 22 that I ask is that you answer any question which 23 has been posed to you first. Okay? 24 A. Okay. 25 Q. Lastly, all of your answers need to 877-479-2484 U.S. LEGAL SUPPORT, INC. www.ustegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 7] 1 P. xxxxxxxx 2 be verbal; and as was just mentioned, please keep 3 your voice up, so that all of the attorneys in the 4 room can hear you. Okay? 5 A. Okay. 6 Q. For the record, can you please state 7 your full name? 8 A. Yes, xxxxxx xxxxxxxx. 9 Q. And your address, please? 10 A. Sorry, xxxxxx Denise xxxxxxxx. 11 Q. Okay. 12 A. At 1734 Spur Drive South, Islip, New 13 York 11751. 14 Q. Do you have a maiden name? 15 A. Yes. 16 Q. What was your maiden name? 17 A. Blair, B-L-A-I-R. 18 Q. What is your date of birth? 19 A. It's 20 Q. Where were you born? 21 A. Bethpage, New York. 22 Q. Are you currently married? ! 23 A. Yes. 24 Q. What is your husband's name? 25 A. Tony, T-O-N-Y. 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 8] 1 P. xxxxxxxx 2 Q. xxxxxxxx? 3 A. yes. 4 Q. Is his full name Tony? 5 A. Yes. 6 Q. When were you married? 7 A. April 26, 1998. 8 Q. Do you have any children? 9 A. Yes. 10 Q. Can you tell me the names and dates 11 of birth of your children? 12 A. Yes, Brandon, B-R-A-N-D-O-N, 13 Brittany, B-R-I-T-T-A-N-Y, ; Tony, Jr., 14 - and xxxxx, 15 Q. What are the names of your parents? 16 A. Carol and Joel Blair, B-L-A-I-R. 17 Q. Does Carol have an "E" on the end of 18 it? 19 A. No. 20 Q. Are they currently alive? b 21 A. Yes. 22 Q. What is your mother's date of birth? 23 A. I believe it's 24 Q. And your father's date of 25 birth? 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 9] 1 P. xxxxxxxx 2 A. I don't remember his year, but $9 3 Q. Do you know how old he is, 4 approximately? 5 A. He's in his 70's. 6 Q. Do you have any siblings? 7 A. I do. 8 Q. How many and what are their names? 9 A. . One. 10 Q. Okay. 11 A. Barbara Reid, R-E-I-D. 12 Q. And how old is Barbara? 13 A. She is four years older than me. 14 Q. Okay. 15 A. Five years. Five years. 16 Q. So she's 44? 17 A. Yes. 18 Q. Does Barbara have any children? 19 A. Yes. 20 Q. How many? 21 A. Two. 22 Q. What are their names? 23 A. Anthony and Morgan, M-O-R-G-A-N. 24 Q. And how old is Anthony? 25 A. He will be 12; and Morgan is, I 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 10] 1 P. xxxxxxxx 2 think around 8. 3 Q. Does your husband Tony have any 4 siblings? 5 A. Yes. 6 Q. What are Tony's siblings' names? 7 A. Linda, L-I-N-D-A, and Magdalena. 8 Q. What is Linda's last name? 9 A. Ryan, R-Y-A-N. 10 Q. And Magdalena's last name? 11 A. xxxxxxxx. 12 Q. Is Linda married? 13 A. Yes. 14 Q. What is her husband's name? 15 A. Rob, Robert. 16 Q. And do Linda and Robert have any 17 children? 18 A. Yes. 19 Q. And what are their children's names? 20 A. Justin and Nicholas, 21 N-I-C-H-O-L-A-S. 22 Q. How old is Justin? 23 A. Oh, all of these questions. Justin 24 is, I believe, I think around 19. 25 Q. And how old is Nicholas? 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 11] 1 P. xxxxxxxx 2 A. I think he's around 14. 3 Q. Is Magdalena xxxxxxxx married? 4 A. No. 5 Q. Are Tony's parents alive? 6 A. Just one. 7 Q. Who is alive? 8 A. His mother. 9 Q. . What is her name? 10 A. Magdalena. 11 Q. What is her last name? 12 A. xxxxxxxx. 13 Q. How old is she? 14 A. She will be 86. 15 Q. Good for her. 16 A. Yes. 17 Q. What was Tony's father's name? 18 A. Johann, J-O-H-A-N-N. 19 Q. Thank you. 20 A. You're welcome. 21 Q. And how old was Johann, when he 22 passed? 23 A. In his 60's. 24 Q. Do you know what he died from? 25 A. A massive heart attack. 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 12] 1 P. xxxxxxxx 2 Q. What is your highest level of 3 education? 4 A. Court reporting school. 5 Q. And when did you complete court 6 reporting school? 7 A. I believe it was 1996. 8 Q. Were you ever employed as a court 9 reporter? 10 A. Yes. 11 Q. For what service? 12 A. There was a few of them. 13 Q. For what services? 14 A. The first one -- I can't remember 15 all of their names. I'll tell you what I 16 remember. 17 Q. That's all I'm asking from you. 18 A. Advanced -- Reporting 19 Q. Okay. 20 A. -- then there was and ED, Precise, 21 then I believe I ended with Gemini. 22 Q. And when were you last employed as a 23 court reporter? 24 A. 2002, yes. 25 Q. When did you graduate high school? 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 13] 1 P. xxxxxxxx 2 A. 1992. 3 Q. In between graduating high school in 4 and court school -- 1992, completing reporting 5 MR. PEWARSKI: Did you say '82 or 6 '92? 7 THE WITNESS: '92. 8 MS. MONTE: '92 , yeah. 9 Q. In between graduating high school in 10 1992 , and completing court reporting school in 11 1996, what, if anything, did you do? 12 A. Just worked part-time. 13 Q. In what field? 14 A. It was doing like telemarketing for 15 a brokerage firm. 16 Q. Did you hold that part-time job 17 consistently from '92 to '96? 18 A. It was -- it was about that I time, 19 don't remember exactly. Before that, I had 20 another job, I believe. 21 Q. What kind of job? 22 A. At Marshalls, retail. 23 Q. In between the years of 1996 to 24 2002, were you employed in any other capacity , 25 besides as a court reporter? 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 14] 1 P. xxxxxxxx 2 A. No. 3 Q. Since finishing your work with 4 Gemini in 2002, have you been employed in any 5 capacity? 6 A. Yes, yes. 7 Q. Okay. In what capacity? 8 A. I did scoping. 9 Q. What does that mean? 10 A. It's where a court reporter gives 11 her finished product -- or almost finished product 12 to someone who, like, proofreads it and edits it, 13 and then you give it back to the court reporter as 14 a finished product. 15 Q. And for how long did you do that? 16 A. 2002 to approximately, I'm thinking 17 2010. 18 Q. Other than scoping, was there any 19 other formal employment, after 2002? 20 A. No. 21 Q. Since the present time? 22 A. Yes. 23 Q. Other than graduating high school 24 and going to court reporting school, have you 25 attended any other school, even if you didn't 877-479-2484 U.S. LEGAL SUPPORT, INC. www.ustegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/09/2019 [Page 15] 1 P. xxxxxxxx 2 complete the program? 3 A. No. 4 Q. Have you ever been trained in any 5 form of medical services -- services, nursing 6 A. No. 7 Q. -- or that like? anything 8 A. Sorry. 9 Q. It's. okay. What does your husband 10 do? 11 A. He is a super in Local 3. 12 Q. Is that a public school? 13 A. No; it's the electrical industry, 14 the Local 3 union. 15 Q. Is he an electrician? 16 A. yes. Well, yes. 17 Q. I sensed some hesitation in that 18 last answer, is there I'm not something 19 understanding? W