Preview
FILED: NEW YORK COUNTY CLERK 11/23/2022 08:56 AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 11/23/2022
EXHIBIT “J”
FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ------------------------------------------X
JORDY F. RAMIREZ, an Infant under the age
4 of 14 years, by his Father and Natural
Guardian, EUGENIO M. RAMIREZ Individually,
5 and ROSALBA LUNA, Individually,
6
PLAINTIFFS,
7
-against- Index No.:
8 152972/14
9
RASHI AMBEWADIKAR, D.D.S., and METROPOLITAN
10 DENTAL ASSOCIATES, D.D.S., P.C.,
11 DEFENDANTS.
------------------------------------------X
12
13 DATE: April 21, 2017
14 TIME: 10:25 A.M.
15
16
17 EXAMINATION BEFORE TRIAL of the
18 Defendant, RASHMI AMBEWADIKAR, D.D.S.,
19 taken by respective parties, pursuant to
20 Notice, held at the office of Henry R.
21 Schwartz, Esq., 32 Court Street, Suite 908,
22 Brooklyn, New York 11201, before Robert M.
23 Levine, CM, a Court Reporter and Notary
24 Public of the State of New York.
25
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1
FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
2
1
2 A P P E A R A N C E S:
3
4 STEPHEN S. LA ROCCA, PLLC
Attorneys for Plaintiffs
5 11 Broadway, Suite 1020
New York, New York 10004
6 BY: STEPHEN S. LAROCCA, ESQ.
7
8 THE LAW OFFICES OF HENRY R. SCHWARTZ
Attorneys for Defendant
9 RASHMI AMBEWADIKAR, D.D.S.
32 Court Street, Suite 908
10 Brooklyn, New York 11201
BY: HENRY R. SCHWARTZ, ESQ.
11 hschwartz@henryschwartzlaw.com
12
13 GOLDBERG SEGALLA LLP
Attorneys for Defendant
14 METROPOLITAN DENTAL ASSOCIATES, D.D.S.,
P.C.
15 200 Garden City Plaza, Suite 520
Garden City, New York 11530
16 BY: EDWARD V. SCHWENDEMANN, ESQ.
eschwendemann@goldbergsegalla.com
17
18
19 * * *
20
21
22
23
24
25
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2
FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
3
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No
4 objections shall be made at a deposition
except those which, pursuant to subdivision
5 (b), (c) or (d) of Rule 3115 of the Civil
Practice Law and Rules, would be waived if
6 not interposed, and except in compliance
with subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) 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
13 attorney, shall include a clear statement
as to any defect in form or other basis of
14 error or irregularity. Except to the
extent permitted by CPLR Rule 3115 or by
15 this rule, during the course of the
examination persons in attendance shall not
16 make statements or comments that interfere
with the questioning.
17 221.2 Refusal to answer when objection is
made A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
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3
FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
4
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
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate 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
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
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4
FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
5
1 R. AMBEWADIKAR, D.D.S.
2 (Whereupon, Document Consisting
3 of Dental Records of Plaintiff was
4 premarked as Defendants' Exhibit 1
5 for identification as of this
6 date by the Reporter.)
7 R A S H M I A M B E W A D I K A R,
8 D.D.S., called as a witness, having been
9 first duly sworn by a Notary Public of the
10 State of New York, was examined and
11 testified as follows:
12 EXAMINATION BY
13 MR. LAROCCA:
14 Q. Please state your name for the
15 record.
16 A. Rashmi, R-a-s-h-m-i,
17 Ambewadikar, A-m-b-e-w-a-d-i-k-a-r.
18 Q. Where do you reside?
19 A. 399 East 72nd Street, Apartment
20 2-D, New York, New York 10001.
21 Q. Good morning, Dr. Ambewadikar.
22 My name is Stephen S. LaRocca. And I
23 represent the Ramirez family in the lawsuit
24 which has been brought against yourself and
25 another party. I'm going to ask you a
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5
FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
6
1 R. AMBEWADIKAR, D.D.S.
2 series of questions today. If you do not
3 understand my question, please tell me and
4 I'll try to rephrase it. Do you
5 understand?
6 A. Sure.
7 Q. My voice has a tendency to
8 drop. If you don't hear my question for
9 some reason, the court reporter will read
10 it back or I'll repeat it.
11 A. Yes.
12 Q. Are you a dentist duly licensed
13 to practice in the State of New York?
14 A. Yes, I am.
15 Q. When were you so licensed?
16 A. 2005.
17 Q. What's your date of birth?
18 A.
19 Q. And your place of birth?
20 A. New York.
21 Q. Where did you attend college?
22 A. New York University.
23 Q. Where did you obtain your
24 dental degree?
25 A. Also at New York University,
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
7
1 R. AMBEWADIKAR, D.D.S.
2 College of Dentistry.
3 Q. What year was that?
4 A. 2005.
5 Q. In October of 2011 were you
6 employed?
7 A. Yes.
8 Q. By whom?
9 A. I was working as an independent
10 contractor at Metropolitan Dental
11 Associates, also known as Dental Specialty
12 Associates.
13 Q. As an independent contractor,
14 did you receive a paycheck from
15 Metropolitan Dental Associates, also known
16 as Dental Specialists?
17 A. Yes.
18 Q. What were your working hours
19 during that time?
20 A. I don't remember all they
21 changed over the years.
22 Q. All I can ask for is your best
23 memory.
24 A. Generally, Mondays, Wednesdays,
25 Fridays. 8 o'clock to 5 o'clock.
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
8
1 R. AMBEWADIKAR, D.D.S.
2 Q. Did you work anywhere else
3 during that time?
4 A. I did work in another office in
5 Riverdale.
6 Q. Was that office affiliated in
7 any way with Metropolitan?
8 A. No, no.
9 Q. After graduating NYU Dental
10 School, did you have to take any licensing
11 exam?
12 A. Yes. The Northeast Regional
13 Board Exam.
14 Q. Did you pass that exam?
15 A. Yes.
16 Q. First time?
17 A. Yes.
18 Q. All right. Now, to the extent
19 necessary, I'm going to encourage you to
20 look at the records in answering questions.
21 But right now I just want to know, do you
22 have any independent memory of this boy,
23 Jordy Ramirez?
24 A. Yes.
25 Q. Did you treat him on more than
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
9
1 R. AMBEWADIKAR, D.D.S.
2 one day?
3 A. No.
4 Q. So you have a memory of that
5 one visit?
6 A. Yes.
7 Q. So, again, while answering
8 these questions, if your answer involves
9 just your memory alone, let me know, or
10 involve the records or a combination of
11 both. But I just want to keep that clear,
12 okay?
13 A. Yes.
14 Q. All right. When you first met
15 Jordy Ramirez, what was the purpose of the
16 visit?
17 A. He was referred from the
18 orthodontist to have the extraction of
19 primary teeth. Taking baby teeth out for
20 creating some more space in his mouth.
21 Q. How many teeth had to be
22 removed?
23 A. Four.
24 Q. Now, when you say "the
25 orthodontist," was this done, affiliated in
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
10
1 R. AMBEWADIKAR, D.D.S.
2 some way with Metropolitan?
3 A. Yes.
4 Q. What was that doctor's name?
5 A. Dr. A-l-j-a-n-a-b-i,
6 A-l-j-a-n-a-b-i.
7 Q. Now, did you speak with Dr.
8 Aljanabi? Did he send a memo or e-mail, or
9 something else?
10 A. We work in the same area. Our
11 offices were nearby. And he asked me if I
12 could fit a patient, Jordan, into my
13 schedule for some extractions because he
14 was off from school, so we can get him done
15 today.
16 Q. This would have been a
17 conversation right away, the next day,
18 something else?
19 A. Probably within the hour.
20 Q. So, in other words, Jordan
21 would have seen this doctor prior to seeing
22 you?
23 A. Yes.
24 Q. Do you recall which time that
25 would have been?
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
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1 R. AMBEWADIKAR, D.D.S.
2 A. No.
3 Q. Would it have been the morning?
4 A. I don't remember exactly.
5 Q. So, fair to say, the day before
6 you had no idea how you were going to treat
7 this child?
8 A. Right.
9 Q. All right. Other than your
10 conversation with Dr. Aljanabi regarding
11 the removal, was anything written down? In
12 other words, a script or any kind of a
13 notation, what was necessary to be done?
14 A. Typically, at this office, if
15 there was a patient being referred for
16 extractions or fillings or things like
17 that, in conjunction with a specialist's
18 treatment, they would write it on a little
19 card and give it to me with a note. I
20 don't see that here. But typically, we
21 didn't proceed without having, you know, a
22 referral from one of the doctors' office.
23 Q. Now, with respect to this job,
24 do you remember what happened to that card,
25 if that card existed?
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
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1 R. AMBEWADIKAR, D.D.S.
2 A. No, I don't. The office
3 maintains the records. And there were
4 times where even, usually, there was a
5 card, but also, with the orthodontist, I
6 had often have the orthodontist chart
7 annexed for me with their notes written in
8 there. So usually there was one, if not
9 both of those referrals, available before
10 the procedure.
11 Q. Now, the record that you have,
12 the copy of the records that we have marked
13 as Plaintiff's 1 for today's deposition,
14 does that have any notations from the
15 orthodontist?
16 A. No.
17 Q. Would that orthodontist have
18 maintained a separate chart or record?
19 A. That office would have all the
20 orthodontist's records there. Yes.
21 Q. So what we have in front of us
22 is a copy of notes relevant to your
23 treatment?
24 A. My treatment. And I also
25 noticed there was a note referring to the
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FILED: NEW YORK COUNTY CLERK 09/27/2022
11/23/2022 03:08
08:56 PM
AM INDEX NO. 152972/2014
NYSCEF DOC. NO. 76
99 RECEIVED NYSCEF: 09/27/2022
11/23/2022
13
1 R. AMBEWADIKAR, D.D.S.
2 orthodontist.
3 Q. Why don't you show me where
4 that is.
5 A. I'm not seeing it in this pile.
6 MR. SCHWARTZ: You want to go
7 through this a second time?
8 MR. LAROCCA: Sure. Take your
9 time.
10 MR. SCHWARTZ: Off the record.
11 (Whereupon, an off-the-record
12 discussion took place.)
13 MR. SCHWARTZ: Why don't we
14 just add this. Are we on the record
15 now? So we have elected working with
16 a copy. We
Preview
FILED: NEW YORK COUNTY CLERK 11/23/2022 08:56 AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 11/23/2022 EXHIBIT “J” FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 ------------------------------------------X JORDY F. RAMIREZ, an Infant under the age 4 of 14 years, by his Father and Natural Guardian, EUGENIO M. RAMIREZ Individually, 5 and ROSALBA LUNA, Individually, 6 PLAINTIFFS, 7 -against- Index No.: 8 152972/14 9 RASHI AMBEWADIKAR, D.D.S., and METROPOLITAN 10 DENTAL ASSOCIATES, D.D.S., P.C., 11 DEFENDANTS. ------------------------------------------X 12 13 DATE: April 21, 2017 14 TIME: 10:25 A.M. 15 16 17 EXAMINATION BEFORE TRIAL of the 18 Defendant, RASHMI AMBEWADIKAR, D.D.S., 19 taken by respective parties, pursuant to 20 Notice, held at the office of Henry R. 21 Schwartz, Esq., 32 Court Street, Suite 908, 22 Brooklyn, New York 11201, before Robert M. 23 Levine, CM, a Court Reporter and Notary 24 Public of the State of New York. 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 2 1 2 A P P E A R A N C E S: 3 4 STEPHEN S. LA ROCCA, PLLC Attorneys for Plaintiffs 5 11 Broadway, Suite 1020 New York, New York 10004 6 BY: STEPHEN S. LAROCCA, ESQ. 7 8 THE LAW OFFICES OF HENRY R. SCHWARTZ Attorneys for Defendant 9 RASHMI AMBEWADIKAR, D.D.S. 32 Court Street, Suite 908 10 Brooklyn, New York 11201 BY: HENRY R. SCHWARTZ, ESQ. 11 hschwartz@henryschwartzlaw.com 12 13 GOLDBERG SEGALLA LLP Attorneys for Defendant 14 METROPOLITAN DENTAL ASSOCIATES, D.D.S., P.C. 15 200 Garden City Plaza, Suite 520 Garden City, New York 11530 16 BY: EDWARD V. SCHWENDEMANN, ESQ. eschwendemann@goldbergsegalla.com 17 18 19 * * * 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 3 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No 4 objections shall be made at a deposition except those which, pursuant to subdivision 5 (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if 6 not interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) 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 13 attorney, shall include a clear statement as to any defect in form or other basis of 14 error or irregularity. Except to the extent permitted by CPLR Rule 3115 or by 15 this rule, during the course of the examination persons in attendance shall not 16 make statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 4 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 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate 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 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 5 1 R. AMBEWADIKAR, D.D.S. 2 (Whereupon, Document Consisting 3 of Dental Records of Plaintiff was 4 premarked as Defendants' Exhibit 1 5 for identification as of this 6 date by the Reporter.) 7 R A S H M I A M B E W A D I K A R, 8 D.D.S., called as a witness, having been 9 first duly sworn by a Notary Public of the 10 State of New York, was examined and 11 testified as follows: 12 EXAMINATION BY 13 MR. LAROCCA: 14 Q. Please state your name for the 15 record. 16 A. Rashmi, R-a-s-h-m-i, 17 Ambewadikar, A-m-b-e-w-a-d-i-k-a-r. 18 Q. Where do you reside? 19 A. 399 East 72nd Street, Apartment 20 2-D, New York, New York 10001. 21 Q. Good morning, Dr. Ambewadikar. 22 My name is Stephen S. LaRocca. And I 23 represent the Ramirez family in the lawsuit 24 which has been brought against yourself and 25 another party. I'm going to ask you a DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 6 1 R. AMBEWADIKAR, D.D.S. 2 series of questions today. If you do not 3 understand my question, please tell me and 4 I'll try to rephrase it. Do you 5 understand? 6 A. Sure. 7 Q. My voice has a tendency to 8 drop. If you don't hear my question for 9 some reason, the court reporter will read 10 it back or I'll repeat it. 11 A. Yes. 12 Q. Are you a dentist duly licensed 13 to practice in the State of New York? 14 A. Yes, I am. 15 Q. When were you so licensed? 16 A. 2005. 17 Q. What's your date of birth? 18 A. 19 Q. And your place of birth? 20 A. New York. 21 Q. Where did you attend college? 22 A. New York University. 23 Q. Where did you obtain your 24 dental degree? 25 A. Also at New York University, DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 7 1 R. AMBEWADIKAR, D.D.S. 2 College of Dentistry. 3 Q. What year was that? 4 A. 2005. 5 Q. In October of 2011 were you 6 employed? 7 A. Yes. 8 Q. By whom? 9 A. I was working as an independent 10 contractor at Metropolitan Dental 11 Associates, also known as Dental Specialty 12 Associates. 13 Q. As an independent contractor, 14 did you receive a paycheck from 15 Metropolitan Dental Associates, also known 16 as Dental Specialists? 17 A. Yes. 18 Q. What were your working hours 19 during that time? 20 A. I don't remember all they 21 changed over the years. 22 Q. All I can ask for is your best 23 memory. 24 A. Generally, Mondays, Wednesdays, 25 Fridays. 8 o'clock to 5 o'clock. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 8 1 R. AMBEWADIKAR, D.D.S. 2 Q. Did you work anywhere else 3 during that time? 4 A. I did work in another office in 5 Riverdale. 6 Q. Was that office affiliated in 7 any way with Metropolitan? 8 A. No, no. 9 Q. After graduating NYU Dental 10 School, did you have to take any licensing 11 exam? 12 A. Yes. The Northeast Regional 13 Board Exam. 14 Q. Did you pass that exam? 15 A. Yes. 16 Q. First time? 17 A. Yes. 18 Q. All right. Now, to the extent 19 necessary, I'm going to encourage you to 20 look at the records in answering questions. 21 But right now I just want to know, do you 22 have any independent memory of this boy, 23 Jordy Ramirez? 24 A. Yes. 25 Q. Did you treat him on more than DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 9 1 R. AMBEWADIKAR, D.D.S. 2 one day? 3 A. No. 4 Q. So you have a memory of that 5 one visit? 6 A. Yes. 7 Q. So, again, while answering 8 these questions, if your answer involves 9 just your memory alone, let me know, or 10 involve the records or a combination of 11 both. But I just want to keep that clear, 12 okay? 13 A. Yes. 14 Q. All right. When you first met 15 Jordy Ramirez, what was the purpose of the 16 visit? 17 A. He was referred from the 18 orthodontist to have the extraction of 19 primary teeth. Taking baby teeth out for 20 creating some more space in his mouth. 21 Q. How many teeth had to be 22 removed? 23 A. Four. 24 Q. Now, when you say "the 25 orthodontist," was this done, affiliated in DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 10 1 R. AMBEWADIKAR, D.D.S. 2 some way with Metropolitan? 3 A. Yes. 4 Q. What was that doctor's name? 5 A. Dr. A-l-j-a-n-a-b-i, 6 A-l-j-a-n-a-b-i. 7 Q. Now, did you speak with Dr. 8 Aljanabi? Did he send a memo or e-mail, or 9 something else? 10 A. We work in the same area. Our 11 offices were nearby. And he asked me if I 12 could fit a patient, Jordan, into my 13 schedule for some extractions because he 14 was off from school, so we can get him done 15 today. 16 Q. This would have been a 17 conversation right away, the next day, 18 something else? 19 A. Probably within the hour. 20 Q. So, in other words, Jordan 21 would have seen this doctor prior to seeing 22 you? 23 A. Yes. 24 Q. Do you recall which time that 25 would have been? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 11 1 R. AMBEWADIKAR, D.D.S. 2 A. No. 3 Q. Would it have been the morning? 4 A. I don't remember exactly. 5 Q. So, fair to say, the day before 6 you had no idea how you were going to treat 7 this child? 8 A. Right. 9 Q. All right. Other than your 10 conversation with Dr. Aljanabi regarding 11 the removal, was anything written down? In 12 other words, a script or any kind of a 13 notation, what was necessary to be done? 14 A. Typically, at this office, if 15 there was a patient being referred for 16 extractions or fillings or things like 17 that, in conjunction with a specialist's 18 treatment, they would write it on a little 19 card and give it to me with a note. I 20 don't see that here. But typically, we 21 didn't proceed without having, you know, a 22 referral from one of the doctors' office. 23 Q. Now, with respect to this job, 24 do you remember what happened to that card, 25 if that card existed? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 12 1 R. AMBEWADIKAR, D.D.S. 2 A. No, I don't. The office 3 maintains the records. And there were 4 times where even, usually, there was a 5 card, but also, with the orthodontist, I 6 had often have the orthodontist chart 7 annexed for me with their notes written in 8 there. So usually there was one, if not 9 both of those referrals, available before 10 the procedure. 11 Q. Now, the record that you have, 12 the copy of the records that we have marked 13 as Plaintiff's 1 for today's deposition, 14 does that have any notations from the 15 orthodontist? 16 A. No. 17 Q. Would that orthodontist have 18 maintained a separate chart or record? 19 A. That office would have all the 20 orthodontist's records there. Yes. 21 Q. So what we have in front of us 22 is a copy of notes relevant to your 23 treatment? 24 A. My treatment. And I also 25 noticed there was a note referring to the DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 12 FILED: NEW YORK COUNTY CLERK 09/27/2022 11/23/2022 03:08 08:56 PM AM INDEX NO. 152972/2014 NYSCEF DOC. NO. 76 99 RECEIVED NYSCEF: 09/27/2022 11/23/2022 13 1 R. AMBEWADIKAR, D.D.S. 2 orthodontist. 3 Q. Why don't you show me where 4 that is. 5 A. I'm not seeing it in this pile. 6 MR. SCHWARTZ: You want to go 7 through this a second time? 8 MR. LAROCCA: Sure. Take your 9 time. 10 MR. SCHWARTZ: Off the record. 11 (Whereupon, an off-the-record 12 discussion took place.) 13 MR. SCHWARTZ: Why don't we 14 just add this. Are we on the record 15 now? So we have elected working with 16 a copy. We