Preview
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
"Y"
EXMBIT
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066
COPY
RECEIVED NYSCEF: 09/08/2022
50-H HEARING
In the Matter of the Claim of
OLGA LIPETS,
Claimant,
-against-
COUNTY OF SUFFOLK and TOWN OF SOUTHOLD,
Respondents .
- - - - - - - - - - - - - - - x
100 Veterans Memorial Highway
Hauppauge, New York
February 9, 2016
10 : 42 a.m.
50-H HEARING of OLGA LIPETS, the Claimant
in the above-entitled action, held at the
above time and place, pursuant to Notice,
taken before KATHY J. DROSSEL, a shorthand
reporter and Notary Public within and for the
State of New York.
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224.5054Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
2 A p p e a r a n c e s:
3 PARIS & CHAIKIN, PLLC
ATTORNEYS for Claimant
4 14 Penn Plaza, Suite 2202
New York, New York 10122
5 BY: IAN M. CHAIKIN, ESQ.
FILE #: NONE
6
7
SUFFOLK COUNTY ATTORNEY'S OFFICE
8 ATTORNEYS for Respondent
COUNTY OF SUFFOLK
9 100 Veterans Memorial Highway
Sixth Floor
10 Hauppauge, New York 11788
BY: CHRISTOPHER A. JEFFREYS, ESQ.
11 FILE #: NONE
12
13
14
15
16
17
18
19
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25
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038 Phone: 631.224.5054
Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 O L G A L I P E T S, the witness herein,
3 having been first duly sworn by a Notary
4 Public of the State of New York, was examined
5 and testified as follows:
6 EXAMINATION BY
7 MR. JEFFREYS:
8 Q. State your name for the record,
9 please.
10 A. Olga Lipets.
11 Q. State your address for the record,
12 please.
13 A. 2820 Ocean Parkway, apartment 9C,
14 Brooklyn, New York 11235.
15 MR. JEFFREYS: Please mark this
16 Notice of Claim as Respondent's
17 Exhibit A for identification.
18 (Whereupon, a Notice of Claim
19 was marked as Respondent's Exhibit A,
20 for identification, as of this date.)
21 MR. JEFFREYS: On the record.
22 Q. Good morning, Ms. Lipets. My name
23 is Christopher Jeffreys, and I'm an Assistant
24 County Attorney here with the County of
25 Suffolk. I'm going to be asking you a series
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY too38Phone: 631.224-5054
Fax 631.224.3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
4
NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 of questions concerning a Notice of Claim
3 that's been filed on your behalf. If, at any
4 time, you don't understand any of my
5 questions please let me know, and I'll repeat
6 or rephrase them. It's my obligation to make
7 myself clear to you, so don't answer any of
8 my questions if you don't understand them.
9 A. Okay.
10 Q. If, at any time, you want to speak
11 with your attorney please feel free to do so.
12 If you want me to leave the room all you have
13 to do is ask so you can have privacy.
14 Certain things on behalf of our
15 court reporter, she can't take down a nod of
16 the head or a hand gesture. In the event
17 that you do a nod of the head or a hand
18 gesture I'll ask you at the same time to put
19 into words what you're doing so she can take
20 that down.
21 A. Okay.
22 Q. When we speak we sometimes use
23 phrases like un un or un ha when we mean yes
24 or no. In the event that you do that I will
25 ask you to say yes or no, because the court
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224.5054Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 reporter has difficulty taking down things
3 that are not words that are recognized my her
4 little machine.
5 A. Okay.
6 Q. This is not an endurance contest, so
7 at any time you need to take a break please
8 feel free to do so for any reason, and the
9 one thing I do ask is if we take a break that
10 you answer any question that's open, and take
11 whatever break you want, okay?
12 A. Okay.
13 Q. I anticipate we'll go for about an
14 hour today. That's how long most of these
15 have been going, okay?
16 A. Okay.
17 Q. Do you understand all of the
18 instructions that I have given you this
19 morning?
20 A. Yes.
21 Q. Are you taking any medication that
22 would effect your ability to testify?
23 A. No.
24 Q. Do you feel up to giving a little
25 testimony this morning?
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 A. Yes.
3 Q. How long have you resided at 2890
4 Ocean Parkway?
5 A. It's 2820.
6 Q. Okay, 2820?
7 A. About 19, 20 years.
8 MR. JEFFREYS: Counsel, we'll
9 stipulate to amend the Notice of
10 Claim to fix the address?
11 MR. CHAIKIN: Sure.
12 Q. Who do you live there with,
13 presently?
14 A. My mom, my dad, my grandmother and
15 my grandfather.
16 Q. What's your mom and dad's names?
17 A. Merlina and Alex.
18 Q. What is grandma and grandpa's name?
19 A. Her name is Lyubov, L-Y-U-B-O-V and
20 Vladimir.
21 MR. JEFFREYS: Off the record.
22 (Whereupon, a discussion was
23 held off the record.)
24 MR. JEFFREYS: Back on the
25 record.
FÍve Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224-5054Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 Q. What is your date of birth, please?
3 A. 11/25/1990.
4 Q. We used to put Social Security
5 numbers on the record, but we don't do that
6 anymore.
7 A. Okay.
"X's"
8 Q. You'll see in the transcript
9 where your Social Security number would be.
10 Don't put your Social Security number in.
11 Don't change the "X's", okay?
12 A. Okay.
13 Q. What's your Social Security number?
14 A. X-X-X-X-X-X-X-X-X.
15 Q. Are you employed outside the house?
16 A. No, I'm a student.
17 Q. Have you been employed even on a
18 part-time basis in the past five years?
19 A. No.
20 Q. Where do you attend school?
21 A. Lehman College.
22 Q. What course of study are you
23 pursuing?
24 A. Master's degree in speech language
25 pathology.
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631,224-5054Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 8 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 Q. How far are you in your degree?
3 A. I graduate in August.
4 Q. Where did you do your undergraduate
5 studies?
6 A. At Brooklyn College and at Pace.
7 Q. Which school issued your bachelor's
8 degree?
9 A. Pace University.
10 Q. What year did you receive your
11 degree?
12 A. 2014.
13 Q. It was a bachelor's of art or a
14 bachelor's of science?
15 A. Bachelor's of arts.
16 Q. What was the subject?
17 A. Communication, sciences and
18 disorders.
19 Q. Were you involved in an accident
20 that occurred on July 18th, 2015?
21 A. Yes.
22 Q. What day of the week was that?
23 A. It was a Saturday.
24 Q. What time of day did the accident
25 occur?
Five Star Reporting, Inc. 90John Street - Ste. 411
New York, NY too38 Fax631.224.3926
Phone: 631.224.5054
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 A. Around five.
3 Q. In the afternoon?
4 A. In the afternoon.
5 Q. Were you on an excursion with some
6 other young ladies?
7 A. Yes.
8 Q. Where were you going that day?
9 A. We went to Long Island Vodka
10 Distillery and then Vineyard 48.
11 Q. Do you know who made the plans to go
12 on the excursion that day?
13 A. Lauren Baruch.
14 Q. How -- withdrawn.
15 Did you know Lauren before this
16 particular excursion?
17 A. Yes, we met a few times.
18 Q. How long had you known Lauren?
19 A. About a month.
20 Q. Was there any fees that you had to
21 pay to go on the excursion?
22 A. Yes.
23 Q. What did you have to pay?
24 A. Around 50, $60.
25 MR. CHAIKIN: Note my objection
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224.5054Fax 631.224.3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 10 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 as to the payment. Are we referring
3 to the transportation or the event
4 place?
5 MR. JEFFREYS: Transportation.
6 I'll fix it.
7 Q. Did you have to pay for a
8 transportation cost in order to go on the
9 excursion?
10 A. Yes, that was the 50 or $60.
11 Q. When you paid that did you pay it to
12 Lauren or to somebody else?
13 A. To Lauren.
14 Q. Did you have any involvement, at
15 all, with the selection of the transportation
16 that was going to be used to go on the
17 excursion?
18 A. No.
19 Q. Where did the excursion leave from?
20 A. Lauren's house.
21 Q. Where was that located?
22 A. In Smithtown.
23 Q. Do you know the address?
24 A. Ah, not off the top of my head.
25 Q. Have you ever been there ever before
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone:631.224.5054Fax631.224.3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 the morning of July 18th, 2015?
3 A. No.
4 Q. How did you get to Lauren's house
5 that morning?
6 A. My parents drove me there.
7 Q. What time did you arrive at Lauren's
8 house?
9 A. Around nine a.m.
10 Q. When you arrived at Lauren's house
11 were any of the other young ladies there yet?
12 A. Yes.
13 Q. Who was there?
14 A. Joelle was there.
15 Q. Joelle DiMonte?
16 A. Yes.
17 Q. Did you know Joelle before this
18 excursion?
19 A. No.
20 Q. Was July 18th, 2015 the first day
21 that you had met Joelle?
22 A. Yes.
23 Q. Was Mr. or Mrs. Baruch at the house
24 when you arrived?
25 A. Yes, Mrs. Baruch was at the house.
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224.5054Fax 631.224.3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 12 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 Q. Did they have any type of brunch or
3 breakfast for the young ladies that went on
4 this trip?
5 A. Yes, we had breakfast.
6 Q. Did they do that inside the house,
7 or was it outside the house?
8 A. Inside.
9 Q. Do you know the name of the other
10 young ladies who went on the trip?
11 A. Yes, Alicia Arundel, Melissa Crai,
12 Joelle DiMonte, Stephanie Belli, Lauren
13 Baruch and Amy Grabina.
14 MR. CHAIKIN: Off the record.
15 (Whereupon, a discussion was
16 held off the record.)
17 MR. CHAIKIN: Back on the
18 record.
19 THE WITNESS: And Brittney
20 Schulman.
21 Q. What time did everybody leave that
22 day to go on the excursion?
23 A. Around 10.
24 Q. Was that excursion by limousine?
25 A. Yes.
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY too38Phone: 631.224.5054
Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 Q. At what time did the limousine
3 arrive?
4 A. I don't remember. I think on time,
5 around 10.
6 Q. About 10:00?
7 A. Yep.
8 Q. Do you know the company that the
9 limousine was with without guessing?
10 A. No, I don't remember the name.
11 Q. When the limousine arrived could you
12 describe for me what the limousine looked
13 like, color, length, however, you can
14 describe it?
15 A. It was a black limousine, lengthwise
16 it seated eight people.
17 Q. When you say it seated eight people
18 was that in the passenger compartment it
19 seated eight?
20 A. Yeah, behind the driver.
21 Q. In the driver's compartment were
22 there two seats there?
23 A. Yes.
24 Q. Between the driver's compartment and
25 the passenger compartment was there some sort
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY too38 Fax 631.224.3926
Phone: 631.224.5054
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 14 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 of a divider?
3 A. Yes.
4 Q. While you were on the excursion
5 during that day was the divider up, down or
6 was it up and down, sometimes, depending on
7 the occasion?
8 MR. CHAIKIN: Note my
9 objection. Can we reference a time,
10 when they left the house, between the
11 vineyards and the accident?
12 Q. At any time was it down?
13 A. It was down at some point.
14 Q. When it was down was it before or
15 after the group had arrived at Vineyard 48?
16 A. Before.
17 Q. Now, when the limousine arrived did
18 all of the young ladies get into the
19 passenger compartment, or did anyone go into
20 the driver's compartment?
21 A. No, we all went into the passenger
22 compartment.
23 Q. Although there may not have been
24 assigned seats did everyone take a particular
25 seat that they had for that day?
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224-5054
Fax 631.224.3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 1512:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 A. Yeah.
3 MR. CHAIKIN: Just for
4 clarification, are you assuming that
5 the seats never changed when you say
6 for that day?
7 MR. JEFFREYS: Yes, that's what
8 I'm going to ask her. I'm going to
9 get everybody's seat location.
10 Whether fortunately or
11 unfortunately Ms. Lipets is the
12 seventh person to testify, so I'm
13 working from what other people have
14 said.
15 Q. Also to shorten this a little bit,
16 was there seating directly behind the
17 driver's compartment?
18 A. Yes.
19 Q. Who sat in the seats directly behind
20 the driver's compartment?
21 MR. CHAIKIN: At what point?
22 MR.JEFFREYS: When they first
23 got into the car?
24 A. Lauren and Stephanie.
25 Q. Who sat on the driver's side, and
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 10038Phone: 631.224-5054Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
16
NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 who sat on the passenger's side?
3 A. I don't know, I don't remember.
4 Q. On the passenger side of the
5 passenger compartment was there some sort of
6 a refreshment area?
7 A. Yeah, there was a bar.
8 Q. Was there any seating on the
9 passenger side?
10 A. No.
11 Q. On the driver's side of the
12 passenger compartment who sat on the driver's
13 side when you first got in the car?
14 A. Brittney, Amy, Alicia and I.
15 Q. Where were you in the group of four
16 young ladies who were on the driver's side?
17 A. Either the last seat or the before
18 last seat towards the back.
19 Q. So, you were either the second to
20 last seat before the back of the car, or the
21 last seat to the back of the car?
22 A. Correct.
23 Q. Was there seating also directly in
24 front of the trunk of the car?
25 A. Yes.
Five Star Reporting, Inc. 90 John Street - Ste. 411
New York, NY 1o038Phone: 631.224.5054
Fax 631.224-3926
FILED: SUFFOLK COUNTY CLERK 09/08/2022 1712:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022
1 Olga Lipets
2 Q. Who was sitting there when you first
3 got in the car?
4 A. Joelle and Melissa.
5 Q. the various --
Now, during
6 withdrawn.
7 Did the limousine make various stops
8 during the day?
9 A. Yes.
Preview
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 "Y" EXMBIT FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 COPY RECEIVED NYSCEF: 09/08/2022 50-H HEARING In the Matter of the Claim of OLGA LIPETS, Claimant, -against- COUNTY OF SUFFOLK and TOWN OF SOUTHOLD, Respondents . - - - - - - - - - - - - - - - x 100 Veterans Memorial Highway Hauppauge, New York February 9, 2016 10 : 42 a.m. 50-H HEARING of OLGA LIPETS, the Claimant in the above-entitled action, held at the above time and place, pursuant to Notice, taken before KATHY J. DROSSEL, a shorthand reporter and Notary Public within and for the State of New York. Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224.5054Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 2 A p p e a r a n c e s: 3 PARIS & CHAIKIN, PLLC ATTORNEYS for Claimant 4 14 Penn Plaza, Suite 2202 New York, New York 10122 5 BY: IAN M. CHAIKIN, ESQ. FILE #: NONE 6 7 SUFFOLK COUNTY ATTORNEY'S OFFICE 8 ATTORNEYS for Respondent COUNTY OF SUFFOLK 9 100 Veterans Memorial Highway Sixth Floor 10 Hauppauge, New York 11788 BY: CHRISTOPHER A. JEFFREYS, ESQ. 11 FILE #: NONE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038 Phone: 631.224.5054 Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 3 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 O L G A L I P E T S, the witness herein, 3 having been first duly sworn by a Notary 4 Public of the State of New York, was examined 5 and testified as follows: 6 EXAMINATION BY 7 MR. JEFFREYS: 8 Q. State your name for the record, 9 please. 10 A. Olga Lipets. 11 Q. State your address for the record, 12 please. 13 A. 2820 Ocean Parkway, apartment 9C, 14 Brooklyn, New York 11235. 15 MR. JEFFREYS: Please mark this 16 Notice of Claim as Respondent's 17 Exhibit A for identification. 18 (Whereupon, a Notice of Claim 19 was marked as Respondent's Exhibit A, 20 for identification, as of this date.) 21 MR. JEFFREYS: On the record. 22 Q. Good morning, Ms. Lipets. My name 23 is Christopher Jeffreys, and I'm an Assistant 24 County Attorney here with the County of 25 Suffolk. I'm going to be asking you a series Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY too38Phone: 631.224-5054 Fax 631.224.3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 4 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 of questions concerning a Notice of Claim 3 that's been filed on your behalf. If, at any 4 time, you don't understand any of my 5 questions please let me know, and I'll repeat 6 or rephrase them. It's my obligation to make 7 myself clear to you, so don't answer any of 8 my questions if you don't understand them. 9 A. Okay. 10 Q. If, at any time, you want to speak 11 with your attorney please feel free to do so. 12 If you want me to leave the room all you have 13 to do is ask so you can have privacy. 14 Certain things on behalf of our 15 court reporter, she can't take down a nod of 16 the head or a hand gesture. In the event 17 that you do a nod of the head or a hand 18 gesture I'll ask you at the same time to put 19 into words what you're doing so she can take 20 that down. 21 A. Okay. 22 Q. When we speak we sometimes use 23 phrases like un un or un ha when we mean yes 24 or no. In the event that you do that I will 25 ask you to say yes or no, because the court Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224.5054Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 5 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 reporter has difficulty taking down things 3 that are not words that are recognized my her 4 little machine. 5 A. Okay. 6 Q. This is not an endurance contest, so 7 at any time you need to take a break please 8 feel free to do so for any reason, and the 9 one thing I do ask is if we take a break that 10 you answer any question that's open, and take 11 whatever break you want, okay? 12 A. Okay. 13 Q. I anticipate we'll go for about an 14 hour today. That's how long most of these 15 have been going, okay? 16 A. Okay. 17 Q. Do you understand all of the 18 instructions that I have given you this 19 morning? 20 A. Yes. 21 Q. Are you taking any medication that 22 would effect your ability to testify? 23 A. No. 24 Q. Do you feel up to giving a little 25 testimony this morning? FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 6 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 A. Yes. 3 Q. How long have you resided at 2890 4 Ocean Parkway? 5 A. It's 2820. 6 Q. Okay, 2820? 7 A. About 19, 20 years. 8 MR. JEFFREYS: Counsel, we'll 9 stipulate to amend the Notice of 10 Claim to fix the address? 11 MR. CHAIKIN: Sure. 12 Q. Who do you live there with, 13 presently? 14 A. My mom, my dad, my grandmother and 15 my grandfather. 16 Q. What's your mom and dad's names? 17 A. Merlina and Alex. 18 Q. What is grandma and grandpa's name? 19 A. Her name is Lyubov, L-Y-U-B-O-V and 20 Vladimir. 21 MR. JEFFREYS: Off the record. 22 (Whereupon, a discussion was 23 held off the record.) 24 MR. JEFFREYS: Back on the 25 record. FÍve Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224-5054Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 7 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 Q. What is your date of birth, please? 3 A. 11/25/1990. 4 Q. We used to put Social Security 5 numbers on the record, but we don't do that 6 anymore. 7 A. Okay. "X's" 8 Q. You'll see in the transcript 9 where your Social Security number would be. 10 Don't put your Social Security number in. 11 Don't change the "X's", okay? 12 A. Okay. 13 Q. What's your Social Security number? 14 A. X-X-X-X-X-X-X-X-X. 15 Q. Are you employed outside the house? 16 A. No, I'm a student. 17 Q. Have you been employed even on a 18 part-time basis in the past five years? 19 A. No. 20 Q. Where do you attend school? 21 A. Lehman College. 22 Q. What course of study are you 23 pursuing? 24 A. Master's degree in speech language 25 pathology. Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631,224-5054Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 8 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 Q. How far are you in your degree? 3 A. I graduate in August. 4 Q. Where did you do your undergraduate 5 studies? 6 A. At Brooklyn College and at Pace. 7 Q. Which school issued your bachelor's 8 degree? 9 A. Pace University. 10 Q. What year did you receive your 11 degree? 12 A. 2014. 13 Q. It was a bachelor's of art or a 14 bachelor's of science? 15 A. Bachelor's of arts. 16 Q. What was the subject? 17 A. Communication, sciences and 18 disorders. 19 Q. Were you involved in an accident 20 that occurred on July 18th, 2015? 21 A. Yes. 22 Q. What day of the week was that? 23 A. It was a Saturday. 24 Q. What time of day did the accident 25 occur? Five Star Reporting, Inc. 90John Street - Ste. 411 New York, NY too38 Fax631.224.3926 Phone: 631.224.5054 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 9 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 A. Around five. 3 Q. In the afternoon? 4 A. In the afternoon. 5 Q. Were you on an excursion with some 6 other young ladies? 7 A. Yes. 8 Q. Where were you going that day? 9 A. We went to Long Island Vodka 10 Distillery and then Vineyard 48. 11 Q. Do you know who made the plans to go 12 on the excursion that day? 13 A. Lauren Baruch. 14 Q. How -- withdrawn. 15 Did you know Lauren before this 16 particular excursion? 17 A. Yes, we met a few times. 18 Q. How long had you known Lauren? 19 A. About a month. 20 Q. Was there any fees that you had to 21 pay to go on the excursion? 22 A. Yes. 23 Q. What did you have to pay? 24 A. Around 50, $60. 25 MR. CHAIKIN: Note my objection Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224.5054Fax 631.224.3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 10 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 as to the payment. Are we referring 3 to the transportation or the event 4 place? 5 MR. JEFFREYS: Transportation. 6 I'll fix it. 7 Q. Did you have to pay for a 8 transportation cost in order to go on the 9 excursion? 10 A. Yes, that was the 50 or $60. 11 Q. When you paid that did you pay it to 12 Lauren or to somebody else? 13 A. To Lauren. 14 Q. Did you have any involvement, at 15 all, with the selection of the transportation 16 that was going to be used to go on the 17 excursion? 18 A. No. 19 Q. Where did the excursion leave from? 20 A. Lauren's house. 21 Q. Where was that located? 22 A. In Smithtown. 23 Q. Do you know the address? 24 A. Ah, not off the top of my head. 25 Q. Have you ever been there ever before Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone:631.224.5054Fax631.224.3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 11 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 the morning of July 18th, 2015? 3 A. No. 4 Q. How did you get to Lauren's house 5 that morning? 6 A. My parents drove me there. 7 Q. What time did you arrive at Lauren's 8 house? 9 A. Around nine a.m. 10 Q. When you arrived at Lauren's house 11 were any of the other young ladies there yet? 12 A. Yes. 13 Q. Who was there? 14 A. Joelle was there. 15 Q. Joelle DiMonte? 16 A. Yes. 17 Q. Did you know Joelle before this 18 excursion? 19 A. No. 20 Q. Was July 18th, 2015 the first day 21 that you had met Joelle? 22 A. Yes. 23 Q. Was Mr. or Mrs. Baruch at the house 24 when you arrived? 25 A. Yes, Mrs. Baruch was at the house. Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224.5054Fax 631.224.3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 12 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 Q. Did they have any type of brunch or 3 breakfast for the young ladies that went on 4 this trip? 5 A. Yes, we had breakfast. 6 Q. Did they do that inside the house, 7 or was it outside the house? 8 A. Inside. 9 Q. Do you know the name of the other 10 young ladies who went on the trip? 11 A. Yes, Alicia Arundel, Melissa Crai, 12 Joelle DiMonte, Stephanie Belli, Lauren 13 Baruch and Amy Grabina. 14 MR. CHAIKIN: Off the record. 15 (Whereupon, a discussion was 16 held off the record.) 17 MR. CHAIKIN: Back on the 18 record. 19 THE WITNESS: And Brittney 20 Schulman. 21 Q. What time did everybody leave that 22 day to go on the excursion? 23 A. Around 10. 24 Q. Was that excursion by limousine? 25 A. Yes. Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY too38Phone: 631.224.5054 Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 13 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 Q. At what time did the limousine 3 arrive? 4 A. I don't remember. I think on time, 5 around 10. 6 Q. About 10:00? 7 A. Yep. 8 Q. Do you know the company that the 9 limousine was with without guessing? 10 A. No, I don't remember the name. 11 Q. When the limousine arrived could you 12 describe for me what the limousine looked 13 like, color, length, however, you can 14 describe it? 15 A. It was a black limousine, lengthwise 16 it seated eight people. 17 Q. When you say it seated eight people 18 was that in the passenger compartment it 19 seated eight? 20 A. Yeah, behind the driver. 21 Q. In the driver's compartment were 22 there two seats there? 23 A. Yes. 24 Q. Between the driver's compartment and 25 the passenger compartment was there some sort Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY too38 Fax 631.224.3926 Phone: 631.224.5054 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 14 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 of a divider? 3 A. Yes. 4 Q. While you were on the excursion 5 during that day was the divider up, down or 6 was it up and down, sometimes, depending on 7 the occasion? 8 MR. CHAIKIN: Note my 9 objection. Can we reference a time, 10 when they left the house, between the 11 vineyards and the accident? 12 Q. At any time was it down? 13 A. It was down at some point. 14 Q. When it was down was it before or 15 after the group had arrived at Vineyard 48? 16 A. Before. 17 Q. Now, when the limousine arrived did 18 all of the young ladies get into the 19 passenger compartment, or did anyone go into 20 the driver's compartment? 21 A. No, we all went into the passenger 22 compartment. 23 Q. Although there may not have been 24 assigned seats did everyone take a particular 25 seat that they had for that day? Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224-5054 Fax 631.224.3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 1512:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 A. Yeah. 3 MR. CHAIKIN: Just for 4 clarification, are you assuming that 5 the seats never changed when you say 6 for that day? 7 MR. JEFFREYS: Yes, that's what 8 I'm going to ask her. I'm going to 9 get everybody's seat location. 10 Whether fortunately or 11 unfortunately Ms. Lipets is the 12 seventh person to testify, so I'm 13 working from what other people have 14 said. 15 Q. Also to shorten this a little bit, 16 was there seating directly behind the 17 driver's compartment? 18 A. Yes. 19 Q. Who sat in the seats directly behind 20 the driver's compartment? 21 MR. CHAIKIN: At what point? 22 MR.JEFFREYS: When they first 23 got into the car? 24 A. Lauren and Stephanie. 25 Q. Who sat on the driver's side, and Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 10038Phone: 631.224-5054Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 16 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 who sat on the passenger's side? 3 A. I don't know, I don't remember. 4 Q. On the passenger side of the 5 passenger compartment was there some sort of 6 a refreshment area? 7 A. Yeah, there was a bar. 8 Q. Was there any seating on the 9 passenger side? 10 A. No. 11 Q. On the driver's side of the 12 passenger compartment who sat on the driver's 13 side when you first got in the car? 14 A. Brittney, Amy, Alicia and I. 15 Q. Where were you in the group of four 16 young ladies who were on the driver's side? 17 A. Either the last seat or the before 18 last seat towards the back. 19 Q. So, you were either the second to 20 last seat before the back of the car, or the 21 last seat to the back of the car? 22 A. Correct. 23 Q. Was there seating also directly in 24 front of the trunk of the car? 25 A. Yes. Five Star Reporting, Inc. 90 John Street - Ste. 411 New York, NY 1o038Phone: 631.224.5054 Fax 631.224-3926 FILED: SUFFOLK COUNTY CLERK 09/08/2022 1712:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1066 RECEIVED NYSCEF: 09/08/2022 1 Olga Lipets 2 Q. Who was sitting there when you first 3 got in the car? 4 A. Joelle and Melissa. 5 Q. the various -- Now, during 6 withdrawn. 7 Did the limousine make various stops 8 during the day? 9 A. Yes.