Preview
FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
"F"
EXHIBIT
FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
ORIGINAL
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
2 ----------------------------------------------------------X
MARIA BABAYAN,
3
PLAINTIFF,
4
-against- Index No.:
5 17132/14
6 THE CITY OF NEW YORK, VERIZON NEW YORK, INC., and
CONSOLIDATED EDISON, INC.,
7
DEFENDANTS.
8 ----------------------------------------------------------X
9
DATE: July 13, 2015
10 TIME: 10: 29 A. M.
11
12
13 EXAMINATION BEFORE TRIAL of the Plaintiff,
14 MARIA BABAYAN, taken by the Defendants, pursuant to a Court
15 Order, held at the offices of the New York City Law
16 Department, 350 Jay Street, Brooklyn, New York 11201,
17 before ELEANOR P. KING, a Notary Public of the State of New
18 York.
19
20
21
22
23
24
25
DIAMOND REPORTING (718) 624-7200 info@diamondreporting. com
1
FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 . RECEIVED NYSCEF: 09/09/2022
2
1 A P P E A R A N C E S:
2 GOIDEL & SIEGEL, LLP
Attorneys for the Plaintiff
3 MARIA BABAYAN
56 West 45th Street, 3rd Floor
4 New York, New York 10036
BY: STACY KLOZOW, ESQ.
5
6 ZACHARY W. CARTER, ESQ.
CORPORATION COUNSEL
7 NEW YORK CITY LAW DEPARTMENT
Attorney for the Defendant
8 THE CITY OF NEW YORK
100 Church Street, 4th Floor
9 New York, New York 10007
BY: MDLLIE KORNREICH, ESQ.
10 File #: 2014-045915
Control #: 152073
12 CULLEN and DYKMAN, LLP
Attorneys for the Defendant
VERIZON NEW YORK, INC.
44 Wall Street
14 New York, New York 10005
BY: THOMAS ABERNETHY, ESQ.
15 File #: 10876-520
16
DAVID M. SANTORO, ESQ.
17 Attorney for the Defendant
CONSOLIDATED EDISON, INC.
18 4 Irving Place, Room 1800
New York, New York 10003
19 BY: BRIAN PARRIS, ESQ.
File #: S-0011-15
20
21 ALSO PRESENT:
VARSIK SARKISYAN
22 RUSSIAN INTERPRETER
ACCURATE COMMUNICATIONS
23
* * *
24
25
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
3
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
221. 1 Objections at Depositions
2
general. No objections shall be made at a
(a) Objections in
those pursuant to subdivision (b),
3 deposition except which,
3115 of the Civil Practice Law and
(c) or ( d) of Rule
waived if not interposed, and except in
4 Rules, would be
with subdivision ( e) of such rule. All
compliance
at a deposition shall be noted by the
5 objections made
deposition is and the answer
officer before whom the taken,
the deposition shall proceed subject to
6 shall be given and
to the right of a person to apply for
the objections and
relief pursuant to Article 31 of the CPLR.
7 appropriate
objections restricted. objection raised
(b) Speaking Every
deposition shall be stated succinctly and framed
8 during a
suggest an answer to the deponent and, at the
so as not to
shall include a clear
9 request of the questioning attorney,
defect in form or other basis of error
statement as to any
Except to the extent permitted by CPLR
10 or irregularity.
or this rule, during the course of the
Rule 3115 by
in attendance shall not make statements
11 examination persons
that interfere with the questioning.
or comments
answer when objection is made. A deponent
12 221. 2 Refusal to
questions at a deposition, except (i) to
shall answer all
privilege or right of confidentiality, (ii) to
13 preserve a
set forth in an order of the court, or
enforce a lindtation
question is improper and would, if
14 (iii) when the plainly
significant prejudice to any person. An
answered, cause
not direct a deponent not to answer except
15 attorney shall
in CPLR Rule 3115 or this subdivision. Any
as provided
answer or direction not to answer shall be
16 refusal to
succinct and clear statement of the basis
accompanied by a
deponent does not answer a question, the
17 therefor. If the
shall have the right to complete the
examining party
remainder of the deposition.
18
19
20
21
22
23
24
25
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
4
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2
221. 3 Communication with the deponent
3 An attorney shall not interrupt the deposition
for the purpose of communicating with the deponent unless
4 all parties consent or the communication is made for the
purpose of determining whether the question should not be
5 answered on the grounds set forth in section 221. 2 of these
rules and, in such event, the reason for the communication
6 shall be stated for the record succinctly and clearly.
IT IS FURTHER STIPULATED AND AGREED that the
8 transcript may be signed before any Notary Public with the
same force and effect as if signed before a clerk or a
9 Judge of the court.
10
IT IS FURTHER STIPULATED AND AGREED that the
11 examination before trial may be utilized for all purposes
as provided by the CPLR.
12
13 IT IS FURTHER STIPULATED AND AGREED that all
rights provided to all parties by the CPLR cannot be deemed
14 waived and the appropriate sections of the CPLR shall be
controlling with respect hereto.
15
16 IT IS FURTHER STIPULATED AND AGREED by and
between the attorneys for the respective parties hereto
17 that a copy of this examination shall be furnished, without
charge, to the attorneys representing the witness
18 testifying herein.
19
20
21
22
23
24
25
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4
FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
.
5
MARIA BABAYAN
V A R S I K S A R K I S Y A M, a Russian interpreter,
1
swore to translate the following questions from
2 solemnly
Russian and answers from Russian to English:
3 English to
4
A B A Y A called as a witness, having been
5 M A R I A B N,
first through an i·nterpreter, by a Notary
6 duly sworn,
State of New was examined and testified
7 Public of the York,
8 as follows:
9 EXAMINATION BY
10 MS. KORNREICH:
Q. - Please state your name for the record.
11
12 A. Maria Babayan.
13 Q. What is your address?
2940 Ocean Apartment 17V, Brooklyn, New
14 A. Parkway,
15 York 11235.
name is Mollie Kornreich. I am a special
16 Q. My
corporation counsel with the New York City Laws
17 assistant
Department. I am be asking you some questions today
18 going
19 about your accident.
20 A. Sure.
I am to go over some ground rules.
21 Q. First, going
Have you ever been in a deposition before?
22
23 A. Once.
24 Q. When was that?
25 A. Last year in September 2014.
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
6
MARIA BABAYAN
And what were you deposed regarding?
1 Q.
Because of this fracture, where I fell, how I
2 A.
3 fell.
from the asked you questions in
4 Q. So, someone City
5 this case?
I don't know where was that, but
6 A. Maybe. exactly
7 I was in a deposition.
Q. But it was about this accident?
8
based on this accident, they called me
9 A. Yes, only
and were asking me questions. What
10 somewhere they
11 organization I don't know.
Q. But it was the same lawsuit?
12
13 A. Yes.
have heard these rules, but I
14 Q. You may already
you are under oath, so you
15 will go over them again. First,
give honest and truthful answers to the
16 are expected to
17 best of your ability.
18 A. Okay, of course.
sometimes it will take me a little while
19 Q. Second,
full please wait for the full question
20 to say a question;
even if you think that you know what I am
21 before answering
22 asking.
23 A. Yes.
please give oral answers because
24 Q. When answering,
can the Reporter is writing down everything
25 as you see,
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
7
MARIA BABAYAN
wouldn' be able
nod or shake your head she t
1 down and if you
to put that on the transcript.
2
3 A. Yes.
understand a question, please let me
4 Q. If you don't
will to phrase it in a way that you
5 know and I try
6 understand.
7 A. Okay.
that'
if you need a break at any time, s fine;
8 Q. And
know and we can all take a break. The only
9 just let us
there is a question pending you wait
10 thing I ask is if
you give your answer to the question.
11 until
12 A. Okay, I understand.
reason you can't answer questions
13 Q. Is there any
14 and truthfully?
today fully
whatever question you will ask I will
15 A. No reason,
16 answer.
Are you medications today?
17 Q. taking any
took for thyroid medication and for
18 A. Yes, I my
blood pressure. Usually I take those.
19 high
Q. What are those medications?
20
thyroid and for high blood pressure.
21 A. For
Do you know what they are called?
22 Q.
I think is for the thyroid, and for
23 A. Linozipril
don' remember
pressure I can show you because I t
24 high blood
This is a new medication they prescribe.
25 the name of it.
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DIAMOND REPORTING (718)
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
8
MARIA BABAYAN
KLOZOW: V-A-L-S-A-R-T-A-N.
1 MS. By Counsel,
reviewed documents in preparation
2 Q. Have you any
for your deposition here today?
3
4 A. No.
Q. What is your full name?
5
6 A. Maria Babayan.
Q. Do you have any nicknames?
7
8 A. No.
you restate your current address.
9 Q. And can
Apartment 17V, Brooklyn, New
10 A. 2940 Ocean Parkway,
11 York 11235.
How have you lived at that address?
12 Q. long
A. From September 2013.
13
What is your date of birth?
14 Q.
15 A. March 15, 1951.
16 Q. Are you married?
17 A. I am a widow.
involved with anyone?
18 Q. Are you romantically
KLOZOW: Objection. You can answer.
19 MS.
20 A. No.
Q. Do you have any children?
21
22 A A daughter.
23 Q. Any others?
but son passed away in an
24 A. My daughter, my
25 accident.
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
9
MARIA BABAYAN
1 Q. Do you live with your daughter?
2 A. With my daughter.
3 Q. Is there anyone else who lives with you?
4 A My grandchild, grandson, my daughter's son.
5 Q. And before you moved to 2940 Ocean Parkway in
6 September of 2013, where were you living?
7 A. I came from Georgia and started to live there.
8 Q. Are you currently employed?
9 A. Yes.
10 Q. Who is your current employer?
11 A. I work as a home attendant in Senior Care and
12 Five Star, two offices, Five Star and Senior Care.
13 Q. So, there are two separate employers?
14 A Yes.
15 Q. How long have you worked for Senior Care?
16 A. From June 2013 I started working after the
17 surgery. I was working there for two months and then I
18 left, quit that job, went to work somewhere else and then I
19 came back.
Let'
20 Q. s step back for a second. You saj d June
21 2013; is that what you meant, because you said that came
22 over from Europe in September of 2013?
23 A. No, no, not 2014, 2013 I came to the United
24 States.
25 Q. So, you started working for them in June 2014 and
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
10
MARIA BABAYAN
then did you at some point?
1 stop
I started to work for Senior
2 A. No, I am sorry.
I was at home for six months,
3 Care from February 14th,
that' I forgot.
4 s why
want to go through the timeline to make
5 Q. I just
understand. You began working there in February
6 sure I
7 2014, correct?
as far as I remember.
8 A. February 14, 2014,
Q. And when did you stop?
9
three days on the 19th I fell down.
10 A. In
certain point you resumed working there?
Q. And at a
A In June here, this one.
13 Q. June of 2014?
14 A. 2014.
And have you been working there continuously
15 Q.
16 s1nce June 2014?
months and then I went to a different
17 A. Yes, two
then in September I came back there.
18 office and
office of the same employer?
19 Q. A different
A. different office.
20 No,
2014 until August of 2014, is that
21 Q. So, from June
22 you worked there?
right,
in the middle of July or maybe at the
23 A. Sometime
cannot tell you exactly when, I don't
24 end of July I
remember that in September I came back
25 remember, but I
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
11
MARIA BABAYAN
1 there.
did you working in July?
2 Q. Why stop
3 A. Where?
4 Q. At Senior Care?
office gave me a case that
A. Because the other they
5
but I did not work there for a long
6 was closer to my house,
7 period of time.
you that you started again?
8 Q. When did say
can' you the
From September, I t tell exactly
9 A.
10 date, but September.
switched to a different employer in July
11 Q. When you
of that was Five Star?
12 2014,
13 A. Yes.
for Five Star continuously since
14 Q. Have you worked
15 then?
second case at Five Star in March
16 A. No, I took my
17 of this year.
you left Senior Care, did you begin
18 Q. So, when
for Five Star?
19 immediately working
Brighton. I work there a little
A. No. Eagle on
20
then came back to Senior Care.
21 bit and
were you working at Eagle?
22 Q. How long
don' remember
around two months, I t
23 A. Something
that in September I came back to
24 exactly. I remember
25 Senior Care.
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FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022
12
MARIA BABAYAN
you begin for Five Star?
1 Q. When did working
A. March 20th of this year.
2
worked for them continuously since
3 Q. And have you
4 March 20th?
I have been working three days.
5 A. Yes,
know the address of Five Star?
6 Q. Do you
7 A. I have the card.
That' fine.
MS. KLOZOW: s
8
maybe this is the old address.
9 A. But
We will just leave a blank and
NS. KLOZOW:
10
you can fill it in.
11
12
13
current we can start with
14 Q. In both of your jobs,
15 Five Star, what do you do?
A. I am a home attendant.
16
work in the morning, what task do
17 Q. When y
Preview
FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 "F" EXHIBIT FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 ORIGINAL 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 2 ----------------------------------------------------------X MARIA BABAYAN, 3 PLAINTIFF, 4 -against- Index No.: 5 17132/14 6 THE CITY OF NEW YORK, VERIZON NEW YORK, INC., and CONSOLIDATED EDISON, INC., 7 DEFENDANTS. 8 ----------------------------------------------------------X 9 DATE: July 13, 2015 10 TIME: 10: 29 A. M. 11 12 13 EXAMINATION BEFORE TRIAL of the Plaintiff, 14 MARIA BABAYAN, taken by the Defendants, pursuant to a Court 15 Order, held at the offices of the New York City Law 16 Department, 350 Jay Street, Brooklyn, New York 11201, 17 before ELEANOR P. KING, a Notary Public of the State of New 18 York. 19 20 21 22 23 24 25 DIAMOND REPORTING (718) 624-7200 info@diamondreporting. com 1 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 . RECEIVED NYSCEF: 09/09/2022 2 1 A P P E A R A N C E S: 2 GOIDEL & SIEGEL, LLP Attorneys for the Plaintiff 3 MARIA BABAYAN 56 West 45th Street, 3rd Floor 4 New York, New York 10036 BY: STACY KLOZOW, ESQ. 5 6 ZACHARY W. CARTER, ESQ. CORPORATION COUNSEL 7 NEW YORK CITY LAW DEPARTMENT Attorney for the Defendant 8 THE CITY OF NEW YORK 100 Church Street, 4th Floor 9 New York, New York 10007 BY: MDLLIE KORNREICH, ESQ. 10 File #: 2014-045915 Control #: 152073 12 CULLEN and DYKMAN, LLP Attorneys for the Defendant VERIZON NEW YORK, INC. 44 Wall Street 14 New York, New York 10005 BY: THOMAS ABERNETHY, ESQ. 15 File #: 10876-520 16 DAVID M. SANTORO, ESQ. 17 Attorney for the Defendant CONSOLIDATED EDISON, INC. 18 4 Irving Place, Room 1800 New York, New York 10003 19 BY: BRIAN PARRIS, ESQ. File #: S-0011-15 20 21 ALSO PRESENT: VARSIK SARKISYAN 22 RUSSIAN INTERPRETER ACCURATE COMMUNICATIONS 23 * * * 24 25 DIAMOND REPORTING (718) 624-7200 info@diamondreporting. com 2 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 3 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 221. 1 Objections at Depositions 2 general. No objections shall be made at a (a) Objections in those pursuant to subdivision (b), 3 deposition except which, 3115 of the Civil Practice Law and (c) or ( d) of Rule waived if not interposed, and except in 4 Rules, would be with subdivision ( e) of such rule. All compliance at a deposition shall be noted by the 5 objections made deposition is and the answer officer before whom the taken, the deposition shall proceed subject to 6 shall be given and to the right of a person to apply for the objections and relief pursuant to Article 31 of the CPLR. 7 appropriate objections restricted. objection raised (b) Speaking Every deposition shall be stated succinctly and framed 8 during a suggest an answer to the deponent and, at the so as not to shall include a clear 9 request of the questioning attorney, defect in form or other basis of error statement as to any Except to the extent permitted by CPLR 10 or irregularity. or this rule, during the course of the Rule 3115 by in attendance shall not make statements 11 examination persons that interfere with the questioning. or comments answer when objection is made. A deponent 12 221. 2 Refusal to questions at a deposition, except (i) to shall answer all privilege or right of confidentiality, (ii) to 13 preserve a set forth in an order of the court, or enforce a lindtation question is improper and would, if 14 (iii) when the plainly significant prejudice to any person. An answered, cause not direct a deponent not to answer except 15 attorney shall in CPLR Rule 3115 or this subdivision. Any as provided answer or direction not to answer shall be 16 refusal to succinct and clear statement of the basis accompanied by a deponent does not answer a question, the 17 therefor. If the shall have the right to complete the examining party remainder of the deposition. 18 19 20 21 22 23 24 25 624-7200 info@diamondreporting. com DIAMOND REPORTING (718) 3 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 4 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221. 3 Communication with the deponent 3 An attorney shall not interrupt the deposition for the purpose of communicating with the deponent unless 4 all parties consent or the communication is made for the purpose of determining whether the question should not be 5 answered on the grounds set forth in section 221. 2 of these rules and, in such event, the reason for the communication 6 shall be stated for the record succinctly and clearly. IT IS FURTHER STIPULATED AND AGREED that the 8 transcript may be signed before any Notary Public with the same force and effect as if signed before a clerk or a 9 Judge of the court. 10 IT IS FURTHER STIPULATED AND AGREED that the 11 examination before trial may be utilized for all purposes as provided by the CPLR. 12 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR cannot be deemed 14 waived and the appropriate sections of the CPLR shall be controlling with respect hereto. 15 16 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective parties hereto 17 that a copy of this examination shall be furnished, without charge, to the attorneys representing the witness 18 testifying herein. 19 20 21 22 23 24 25 DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 4 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 . 5 MARIA BABAYAN V A R S I K S A R K I S Y A M, a Russian interpreter, 1 swore to translate the following questions from 2 solemnly Russian and answers from Russian to English: 3 English to 4 A B A Y A called as a witness, having been 5 M A R I A B N, first through an i·nterpreter, by a Notary 6 duly sworn, State of New was examined and testified 7 Public of the York, 8 as follows: 9 EXAMINATION BY 10 MS. KORNREICH: Q. - Please state your name for the record. 11 12 A. Maria Babayan. 13 Q. What is your address? 2940 Ocean Apartment 17V, Brooklyn, New 14 A. Parkway, 15 York 11235. name is Mollie Kornreich. I am a special 16 Q. My corporation counsel with the New York City Laws 17 assistant Department. I am be asking you some questions today 18 going 19 about your accident. 20 A. Sure. I am to go over some ground rules. 21 Q. First, going Have you ever been in a deposition before? 22 23 A. Once. 24 Q. When was that? 25 A. Last year in September 2014. REPORTING 624-7200 info@diamondreporting. com DIAMOND (718) 5 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 6 MARIA BABAYAN And what were you deposed regarding? 1 Q. Because of this fracture, where I fell, how I 2 A. 3 fell. from the asked you questions in 4 Q. So, someone City 5 this case? I don't know where was that, but 6 A. Maybe. exactly 7 I was in a deposition. Q. But it was about this accident? 8 based on this accident, they called me 9 A. Yes, only and were asking me questions. What 10 somewhere they 11 organization I don't know. Q. But it was the same lawsuit? 12 13 A. Yes. have heard these rules, but I 14 Q. You may already you are under oath, so you 15 will go over them again. First, give honest and truthful answers to the 16 are expected to 17 best of your ability. 18 A. Okay, of course. sometimes it will take me a little while 19 Q. Second, full please wait for the full question 20 to say a question; even if you think that you know what I am 21 before answering 22 asking. 23 A. Yes. please give oral answers because 24 Q. When answering, can the Reporter is writing down everything 25 as you see, 624-7200 info@diamondreporting. com DIAMOND REPORTING (718) 6 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 7 MARIA BABAYAN wouldn' be able nod or shake your head she t 1 down and if you to put that on the transcript. 2 3 A. Yes. understand a question, please let me 4 Q. If you don't will to phrase it in a way that you 5 know and I try 6 understand. 7 A. Okay. that' if you need a break at any time, s fine; 8 Q. And know and we can all take a break. The only 9 just let us there is a question pending you wait 10 thing I ask is if you give your answer to the question. 11 until 12 A. Okay, I understand. reason you can't answer questions 13 Q. Is there any 14 and truthfully? today fully whatever question you will ask I will 15 A. No reason, 16 answer. Are you medications today? 17 Q. taking any took for thyroid medication and for 18 A. Yes, I my blood pressure. Usually I take those. 19 high Q. What are those medications? 20 thyroid and for high blood pressure. 21 A. For Do you know what they are called? 22 Q. I think is for the thyroid, and for 23 A. Linozipril don' remember pressure I can show you because I t 24 high blood This is a new medication they prescribe. 25 the name of it. 624-7200 info@diamondreporting.com DIAMOND REPORTING (718) 7 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 8 MARIA BABAYAN KLOZOW: V-A-L-S-A-R-T-A-N. 1 MS. By Counsel, reviewed documents in preparation 2 Q. Have you any for your deposition here today? 3 4 A. No. Q. What is your full name? 5 6 A. Maria Babayan. Q. Do you have any nicknames? 7 8 A. No. you restate your current address. 9 Q. And can Apartment 17V, Brooklyn, New 10 A. 2940 Ocean Parkway, 11 York 11235. How have you lived at that address? 12 Q. long A. From September 2013. 13 What is your date of birth? 14 Q. 15 A. March 15, 1951. 16 Q. Are you married? 17 A. I am a widow. involved with anyone? 18 Q. Are you romantically KLOZOW: Objection. You can answer. 19 MS. 20 A. No. Q. Do you have any children? 21 22 A A daughter. 23 Q. Any others? but son passed away in an 24 A. My daughter, my 25 accident. 624-7200 info@diamondreporting. com DIAMOND REPORTING (718) 8 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 9 MARIA BABAYAN 1 Q. Do you live with your daughter? 2 A. With my daughter. 3 Q. Is there anyone else who lives with you? 4 A My grandchild, grandson, my daughter's son. 5 Q. And before you moved to 2940 Ocean Parkway in 6 September of 2013, where were you living? 7 A. I came from Georgia and started to live there. 8 Q. Are you currently employed? 9 A. Yes. 10 Q. Who is your current employer? 11 A. I work as a home attendant in Senior Care and 12 Five Star, two offices, Five Star and Senior Care. 13 Q. So, there are two separate employers? 14 A Yes. 15 Q. How long have you worked for Senior Care? 16 A. From June 2013 I started working after the 17 surgery. I was working there for two months and then I 18 left, quit that job, went to work somewhere else and then I 19 came back. Let' 20 Q. s step back for a second. You saj d June 21 2013; is that what you meant, because you said that came 22 over from Europe in September of 2013? 23 A. No, no, not 2014, 2013 I came to the United 24 States. 25 Q. So, you started working for them in June 2014 and DIAMOND REPORTING (718) 624-7200 info@diamondreporting. com 9 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 10 MARIA BABAYAN then did you at some point? 1 stop I started to work for Senior 2 A. No, I am sorry. I was at home for six months, 3 Care from February 14th, that' I forgot. 4 s why want to go through the timeline to make 5 Q. I just understand. You began working there in February 6 sure I 7 2014, correct? as far as I remember. 8 A. February 14, 2014, Q. And when did you stop? 9 three days on the 19th I fell down. 10 A. In certain point you resumed working there? Q. And at a A In June here, this one. 13 Q. June of 2014? 14 A. 2014. And have you been working there continuously 15 Q. 16 s1nce June 2014? months and then I went to a different 17 A. Yes, two then in September I came back there. 18 office and office of the same employer? 19 Q. A different A. different office. 20 No, 2014 until August of 2014, is that 21 Q. So, from June 22 you worked there? right, in the middle of July or maybe at the 23 A. Sometime cannot tell you exactly when, I don't 24 end of July I remember that in September I came back 25 remember, but I 624-7200 info@diamondreporting. com DIAMOND REPORTING (718) 10 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 11 MARIA BABAYAN 1 there. did you working in July? 2 Q. Why stop 3 A. Where? 4 Q. At Senior Care? office gave me a case that A. Because the other they 5 but I did not work there for a long 6 was closer to my house, 7 period of time. you that you started again? 8 Q. When did say can' you the From September, I t tell exactly 9 A. 10 date, but September. switched to a different employer in July 11 Q. When you of that was Five Star? 12 2014, 13 A. Yes. for Five Star continuously since 14 Q. Have you worked 15 then? second case at Five Star in March 16 A. No, I took my 17 of this year. you left Senior Care, did you begin 18 Q. So, when for Five Star? 19 immediately working Brighton. I work there a little A. No. Eagle on 20 then came back to Senior Care. 21 bit and were you working at Eagle? 22 Q. How long don' remember around two months, I t 23 A. Something that in September I came back to 24 exactly. I remember 25 Senior Care. 624-7200 info@diamondreporting.com DIAMOND REPORTING (718) 11 FILED: KINGS COUNTY CLERK 09/09/2022 12:12 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 09/09/2022 12 MARIA BABAYAN you begin for Five Star? 1 Q. When did working A. March 20th of this year. 2 worked for them continuously since 3 Q. And have you 4 March 20th? I have been working three days. 5 A. Yes, know the address of Five Star? 6 Q. Do you 7 A. I have the card. That' fine. MS. KLOZOW: s 8 maybe this is the old address. 9 A. But We will just leave a blank and NS. KLOZOW: 10 you can fill it in. 11 12 13 current we can start with 14 Q. In both of your jobs, 15 Five Star, what do you do? A. I am a home attendant. 16 work in the morning, what task do 17 Q. When y