Preview
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
194
SUPREME COURT OF THE STATE OF NEW YORK
COPY
COUNTY OF QUEENS
X
THERESA ROBINSON and DEREK ROBINSON,
Plaint!f f s,
Index No.
717964/2018
-against-
NORTHWELL HEALTH, INC., LONG ISLAND
JEWISH MEDICAL CENTER, DEEPAK NANDA,
M.D., P.C., DEEPAK NANDA, M.D., and
EMMANUEL M. PAFOS, M.D.,
Defendants.
X
118-21 Queens Boulevard
Forest Hills, New York
March 6, 2020
11:07 A.M.
CONTINUED EXAMINATION BEFORE TRIAL
of THERESA ROBINSON, one of the Plaintiffs
herein, taken by the attorneys for the
Defendants, pursuant to Order, and held
before a Notary Public of the State of New
York at the above-stated time and place.
#
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
195
1
2 APPEARANCES:
3
4 THE PAGLINAWAN FIRM, P.C.
Attorneys for Plaintiffs
5 118-21 Queens Boulevard
Suite 501
6 Forest Hills, New York 11375
7 BY : JAMES S. PAGLINAWAN, ESQ.
j amesp@paglinawanfirm.com
8
9 GORDON & SILBER, P.C.
Attorneys for Defendants
10 Northwell Health, Inc., &
Long Island Jewish Medical Center
11 355 Lexington Avenue, 7th floor
New York, New York 10017
12
BY : YANIQUE BURKE, ESQ.
13 FILE No.: 1294-020-997
yburke@gordon-silber.com
14
15 RUBIN, PATERNITI, GONZALEZ & KAUFMAN
Attorneys for Defendants
16 Deepak Nanda, M.D., P.C. &
Deepak Nanda, M.D.
17 555 Fifth Avenue, 6th Floor
New York, New York 10017
18
BY : JENIFER TURRIZIANI, ESQ.
19 FILE No.: 1441.1761
turriziani@rpgklaw.com
20
21
22
23
24
25
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
196
1
2 AP PEARANCE S:
3
4 GALVANO & XANTHAKIS, P.C.
Attorneys for Defendant
5 Emmanuel M. Pafos, M.D.
358 St. Marks Place, Suite 202
6 Staten Island, New York 10301
7 BY: ANTHONY XANTHAKIS, ESQ.
FILE No.: 7834
8 axanthakis@gxlegal.com
9
10
11
12 ALSO PRESENT:
13
14 Edward Zaloba
15
16
17
18
19
20
21
22
23
24
25
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
197
1
2 STIPULATIONS
3 IT IS STIPULATED AND AGREED by and between
4 the attorneys for the respective parties
5 herein, and in compliance with Rule 221 of the
6 Uniform Rules for the Trial Courts:
7 THAT the parties recognize the provision of
8 Rule 3115 subdivisions (b). (c) and/or (d).
9 All objections made at a deposition shall be
10 noted by the officer before whom the
11 deposition is taken, and the answer shall be
12 given and the deposition shall proceed subject
13 to the objections and to the right of a person
14 to apply for appropriate relief pursuant to
15 Article 31 of the CPLR;
16 THAT every objection raised during a
17 deposition shall be stated succinctly and
18 framed so as not to suggest an answer to the
19 deponent and, at the request of the
20 questioning attorney, shall include a clear
21 statement as to any defect in form or other
22 basis of error or irregularity. Except to the
23 extent permitted by CPLR Rule 3115 or by this
24 rule, during the course of the examination
25 persons in attendance shall not make
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
198
1
2 statements or comments that interfere with the
3 questioning.
4 THAT a deponent shall answer all questions
5 at a deposition, except (i) to preserve a
6 privilege or right of confidentiality, (ii) to
7 enforce a limitation set forth in an order of
8 a court, or (iii) when the question is plainly
9 improper and would, if answered, cause
10 significant prejudice to any person. An
11 attorney shall not direct a deponent not to
12 answer except as provided in CPLR Rule 3115 or
13 this subdivision. Any refusal to answer or
14 direction not to answer shall be accompanied
15 by a succinct and clear statement on the basis
16 therefore. If the deponent does not answer a
17 question, the examining party shall have the
18 right to complete the remainder of the
19 deposition.
20 THAT an attorney shall not interrupt the
21 deposition for the purpose of communicating
22 with the deponent unless all parties consent
23 or the communication is made for the purpose
24 of determining whether the question should not
25 be answered on the grounds set forth in
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
199
1
2 Section 221.2 of these rules, and, in such
3 event, the reason for the communication shall
4 be stated for the record succinctly and
5 clearly.
6 THAT the failure to object to any question
7 or to move to strike any testimony at this
8 examination shall not be a bar or waiver to
9 make such objection or motion at the time of
10 the trial of this action, and is hereby
11 reserved; and
12 THAT this examination may be signed and
13 sworn to by the witness examined herein before
14 any Notary Public, but the failure to do so or
15 to return the original of the examination to
16 the attorney on whose behalf the examination
17 is taken, shall not be deemed a waiver of the
18 rights provided by Rules 3116 and 3117 of the
19 CPLR, and shall be controlled thereby; and
20 THAT the certification and filing of the
21 original of this examination are hereby
22 waived; and
23 THAT the questioning attorney shall provide
24 counsel for the witness examined herein with a
25 copy of this examination at no charge.
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
200
1
2 THERESA ROBINSON,
3 the witness herein, having been first duly
4 sworn by a Notary Public of the State of
5 New York, was examined and testified
6 as follows:
7 EXAMINATION BY
8 JENIFER TURRIZIANI, ESQ.:
9 Q. State your name for the record,
10 please.
11 A. Theresa Robinson.
12 Q. What is your address?
13 A. 194 Beach 74th Street, Arverne,
14 New York 11692.
15 Q. Good morning.
16 A. Good morning.
17 Q. Good to see you again. My name is
18 Jenifer Turriziani. I'm with the Law Firm
19 Rubin, Paterniti, Gonzalez & Kaufman. We
20 represent Dr. Nanda. I'm just going to kind
21 of continue where we left off yesterday. The
22 same rules that Ms. Burke went through will
23 continue into today.
24 Just try to keep all your responses
25 verbal . I'm kind of going to be following up
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021
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1 THERESA ROBINSON
2 on things from yesterday so I might be
3 bouncing around a lot and my questions may be
4 a little long. Just let me get out the whole
5 question before you answer.
6 Again, as many breaks as you need,
7 not a problem. If you don't understand one
8 of my questions just let me know, I'll
9 rephrase or repeat it.
10 Sound good?
11 A. Understood.
12 Q. What is your maiden name?
13 A. Christian, C-H-R-I-S-T-I-A-N.
14 Q. And when was the last time, just the
15 year, that you went by your maiden name?
16 A. 2009.
17 Q. And have you, if you can recall
18 with any of the medical providers that we
19 discussed yesterday, have you used your
20 maiden name at any of the doctors' offices on
21 any forms?
22 A. I do not think so.
23 Q . Okay. Just the best you can
24 remember.
25 A. Yeah. I don't think so.
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1 THERESA ROBINSON
2 Q. And we were discussing your family
3 yesterday and you have two brothers, I
4 believe, Kevin and James; is that correct?
5 A. That's correct.
6 Q. Do Kevin or James have any children?
7 A. No.
8 Q. No, okay.
9 And your husband, does he have any
10 siblings ?
11 A. Yes.
12 Q. And what are their names?
13 A. Christine, Donald and Jackie.
14 Q. Does Christine reside in the New
15 York area?
16 A. Yes.
17 Q. And what about Donald?
18 A. Yes.
19 Q. And how about Jackie?
20 A. Yes.
21 Q. Approximately how often do you see
22 them; once a month, once a year, something
23 else?
24 A. Once a year.
25 Q. Does Christine, Donald or Jackie
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1 THERESA ROBINSON
2 have any children?
3 A. Yes.
4 Q. Who has children and how old are
5 they?
6 A. Christine has a daughter, late
7 teens, and Donald has two small boys.
8 Q. Approximately how old are they?
9 A. 2 and 4.
10 Q. Do you recall the last time you saw
11 Donald and his family?
12 A. On New Years Eve.
13 Q. Yesterday when we were discussing
14 your employment history you worked at
15 Shirt Stop until approximately July of 2015;
16 is that correct?
17 A. That's incorrect.
18 Q. Incorrect, okay. I apo1ogiz e.
19 When was the last time you worked at
20 Shirt Stop?
21 A. I'm currently employed under Shirt
22 Stop .
23 Q. It was M.L.B. Enterprises that you
24 last worked at?
25 A. That is correct.
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
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1 THERESA ROBINSON
2 Q. I see. I apologize .
3 And you resigned from M.L.B.
4 Enterprises; is that correct; or something
5 else ?
6 A. Something else.
7 Q. Okay. What happened?
8 A. I was just taking some time off and
9 had plans to come back.
10 Q. Why did you plan to take some time
11 off; was it for medical reasons, something
12 else?
13 A. Medical reasons.
14 Q . Okay. And what were those medical
15 reasons ?
16 A. I wanted to keep my pregnancy safe.
17 Q. And then this would be the pregnancy
18 with Nevaeh?
19 A. Nevaeh.
20 Q. Did a doctor suggest or recommend
21 that you stop working?
22 A. They did not.
23 Q . Okay. So it was a personal choice?
24 A. Yes .
25 Q • Have you ever filed for disability?
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1 THERESA ROBINSON
2 A. Is that what comes when you have a
3 baby?
4 Q. Sometimes, yes. Some people file
5 for maternity leave, some people file for
6 disability.
7 A. Yes, I have.
8 Q. For both pregnancies; the one with
9 Derek, the one with Nevaeh?
10 A. Just with Derek.
11 MR. PAGLINAWAN: Off the
12 record.
13 (Whereupon, a discussion was
14 held off the record.)
15 Q. With respect to your pregnancy with
16 Derek were you working at M.L.B. Enterprises?
17 A. I was not.
18 Q. You were not. Okay.
19 Where were you working when you were
20 pregnant with Derek; if anywhere at all?
21 A. I was working for Great Neck Medical
22 Group.
23 Q. At what point in your pregnancy did
24 you stop working in order to give birth?
25 A. To Derek?
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
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1 THERESA ROBINSON
2 Q. Yes, to Derek.
3 A. Derek was born Monday the 27th and
4 my last day of work was Friday the 24th.
5 Q. Okay. Correct me if I'm wrong. Did
6 you testify yesterday that you were on
7 bedrest at all for Derek's pregnancy?
8 A. I was on bedrest with Derek's
9 pregnancy.
10 Q. Was there a period of time where
11 you were unable to go to work at Great Neck
12 Medical Group due to the bedrest?
13 A. Yes, I believe so.
14 Q . Okay. Do you know if that was your
15 first trimester, second trimester, third
16 first?
17 A. My first trimester.
18 Q. And for how long were you on bedrest
19 during your first trimester with Derek's
20 pregnancy?
21 A. I don't recall.
22 Q. Was it more or less than a month?
23 A. Probably a little less than a month.
24 Q. And with Derek's pregnancy did you
25 take a maternity leave from your job at Great
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1 THERESA ROBINSON
2 Neck Medical Group?
3 A. Yes.
4 Q. And just approximately, how long was
5 your maternity leave?
6 A. Eight weeks.
7 Q. And after the eight weeks did you
8 return to work at Great Neck Medical Group?
9 A. Yes, I did.
10 Q. Have you ever filed for
11 unemployment ?
12 A. Yes, I have.
13 Q. When was that?
14 A. That was November 2012 when
15 Hurricane Sandy hit us.
16 Q. And where were you working in
17 November of 2012?
18 A. I was working for Dr. Sanjay Kirtane
19 and he was located in Rockaway Park.
20 Q. Was his office or medical practice
21 affected by the hurricane?
22 A. Unfortunately, yes.
23 Q. And what kind of doctor is Dr.
24 Kirtane ?
25 A. Dr. Kirtane was a cardiologist.
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1 THERESA ROBINSON
2 Q. Have you yourself ever treated with
3 Dr. Kirtane ? Has he ever examined you,
4 provided medical care in any way?
5 A. No .
6 Q. With respect to your social media.
7 what is your Instagram handle? What is the
8 name ?
9 A. Underscore underscore T underscore I
10 underscore A underscore underscore.
11 Q. And how about Facebook?
12 A. It's Tia, T-I-A; Tia, T-I-A.
13 Q. I know yesterday you said that when
14 you were in the hospital for the labor and
15 delivery after Nevaeh's birth you took
16 pictures of your scar; correct?
17 A. Correct.
18 Q . Okay. In addition to those pictures
19 did you just take any pictures of Nevaeh,
20 yourself, your husband, while you were at
21 L .I . J. ?
22 A. Yes .
23 Q . Do you still have those pictures?
24 A. I have some printed on her wall.
25 MS. TURRIZIANI: Okay. I just
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1 THERESA ROBINSON
2 ask that you conduct a search for
3 those pictures and provide what you
4 have to your attorney and don't
5 destroy anything you do have.
6 THE WITNESS: Will do.
7 Q. Also, sometimes it's very
8 commonplace, did you post any of the pictures
9 of your daughter's birth just in a
10 celebratory way on Facebook or Instagram?
11 A. Never, not once.
12 Q. You began treating with Dr. Kobren
13 in 2007; is that correct?
14 A. That is correct.
15 Q. Why did you start treating with Dr.
16 Kobren ?
17 A. I liked his personality. I felt
18 like he had qualities I was looking for in a
19 physician. I wanted a nice bedside manner
20 and he has that.
21 Q. When you first started treating with
22 him was it for just a primary care physician?
23 A. Yes.
24 Q. Okay.
25 A. I didn't have one.
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1 THERESA ROBINSON
2 Q. Okay. In 2007 did you have any
3 symptoms or complaints of anxiety that
4 brought you to treat with Dr. Kobren?
5 A. I don't recall.
6 Q. Do you recall, and the year is fine,
7 when you first had complaints of anxiety that
8 you discussed with Dr. Kobren?
9 A. I don't remember when we first
10 realized symptoms were anxiety.
11 Q. So now looking back when you say
12 that; did you go with complaints of either
13 chest pains or difficulty sleeping, trouble
14 breathing, things that you might not have
15 known at the time were anxiety but now
16 through treating with Dr. Kobren you
17 understand were symptoms of anxiety?
18 A. I agree with that.
19 Q . Okay. Do you know when you first
20 had complaints of either trouble sleeping.
21 trouble breathing, things like that?
22 A. I don't know when it was
Preview
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 194 SUPREME COURT OF THE STATE OF NEW YORK COPY COUNTY OF QUEENS X THERESA ROBINSON and DEREK ROBINSON, Plaint!f f s, Index No. 717964/2018 -against- NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., Defendants. X 118-21 Queens Boulevard Forest Hills, New York March 6, 2020 11:07 A.M. CONTINUED EXAMINATION BEFORE TRIAL of THERESA ROBINSON, one of the Plaintiffs herein, taken by the attorneys for the Defendants, pursuant to Order, and held before a Notary Public of the State of New York at the above-stated time and place. # Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 195 1 2 APPEARANCES: 3 4 THE PAGLINAWAN FIRM, P.C. Attorneys for Plaintiffs 5 118-21 Queens Boulevard Suite 501 6 Forest Hills, New York 11375 7 BY : JAMES S. PAGLINAWAN, ESQ. j amesp@paglinawanfirm.com 8 9 GORDON & SILBER, P.C. Attorneys for Defendants 10 Northwell Health, Inc., & Long Island Jewish Medical Center 11 355 Lexington Avenue, 7th floor New York, New York 10017 12 BY : YANIQUE BURKE, ESQ. 13 FILE No.: 1294-020-997 yburke@gordon-silber.com 14 15 RUBIN, PATERNITI, GONZALEZ & KAUFMAN Attorneys for Defendants 16 Deepak Nanda, M.D., P.C. & Deepak Nanda, M.D. 17 555 Fifth Avenue, 6th Floor New York, New York 10017 18 BY : JENIFER TURRIZIANI, ESQ. 19 FILE No.: 1441.1761 turriziani@rpgklaw.com 20 21 22 23 24 25 Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 196 1 2 AP PEARANCE S: 3 4 GALVANO & XANTHAKIS, P.C. Attorneys for Defendant 5 Emmanuel M. Pafos, M.D. 358 St. Marks Place, Suite 202 6 Staten Island, New York 10301 7 BY: ANTHONY XANTHAKIS, ESQ. FILE No.: 7834 8 axanthakis@gxlegal.com 9 10 11 12 ALSO PRESENT: 13 14 Edward Zaloba 15 16 17 18 19 20 21 22 23 24 25 Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 197 1 2 STIPULATIONS 3 IT IS STIPULATED AND AGREED by and between 4 the attorneys for the respective parties 5 herein, and in compliance with Rule 221 of the 6 Uniform Rules for the Trial Courts: 7 THAT the parties recognize the provision of 8 Rule 3115 subdivisions (b). (c) and/or (d). 9 All objections made at a deposition shall be 10 noted by the officer before whom the 11 deposition is taken, and the answer shall be 12 given and the deposition shall proceed subject 13 to the objections and to the right of a person 14 to apply for appropriate relief pursuant to 15 Article 31 of the CPLR; 16 THAT every objection raised during a 17 deposition shall be stated succinctly and 18 framed so as not to suggest an answer to the 19 deponent and, at the request of the 20 questioning attorney, shall include a clear 21 statement as to any defect in form or other 22 basis of error or irregularity. Except to the 23 extent permitted by CPLR Rule 3115 or by this 24 rule, during the course of the examination 25 persons in attendance shall not make Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 198 1 2 statements or comments that interfere with the 3 questioning. 4 THAT a deponent shall answer all questions 5 at a deposition, except (i) to preserve a 6 privilege or right of confidentiality, (ii) to 7 enforce a limitation set forth in an order of 8 a court, or (iii) when the question is plainly 9 improper and would, if answered, cause 10 significant prejudice to any person. An 11 attorney shall not direct a deponent not to 12 answer except as provided in CPLR Rule 3115 or 13 this subdivision. Any refusal to answer or 14 direction not to answer shall be accompanied 15 by a succinct and clear statement on the basis 16 therefore. If the deponent does not answer a 17 question, the examining party shall have the 18 right to complete the remainder of the 19 deposition. 20 THAT an attorney shall not interrupt the 21 deposition for the purpose of communicating 22 with the deponent unless all parties consent 23 or the communication is made for the purpose 24 of determining whether the question should not 25 be answered on the grounds set forth in Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 199 1 2 Section 221.2 of these rules, and, in such 3 event, the reason for the communication shall 4 be stated for the record succinctly and 5 clearly. 6 THAT the failure to object to any question 7 or to move to strike any testimony at this 8 examination shall not be a bar or waiver to 9 make such objection or motion at the time of 10 the trial of this action, and is hereby 11 reserved; and 12 THAT this examination may be signed and 13 sworn to by the witness examined herein before 14 any Notary Public, but the failure to do so or 15 to return the original of the examination to 16 the attorney on whose behalf the examination 17 is taken, shall not be deemed a waiver of the 18 rights provided by Rules 3116 and 3117 of the 19 CPLR, and shall be controlled thereby; and 20 THAT the certification and filing of the 21 original of this examination are hereby 22 waived; and 23 THAT the questioning attorney shall provide 24 counsel for the witness examined herein with a 25 copy of this examination at no charge. Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 200 1 2 THERESA ROBINSON, 3 the witness herein, having been first duly 4 sworn by a Notary Public of the State of 5 New York, was examined and testified 6 as follows: 7 EXAMINATION BY 8 JENIFER TURRIZIANI, ESQ.: 9 Q. State your name for the record, 10 please. 11 A. Theresa Robinson. 12 Q. What is your address? 13 A. 194 Beach 74th Street, Arverne, 14 New York 11692. 15 Q. Good morning. 16 A. Good morning. 17 Q. Good to see you again. My name is 18 Jenifer Turriziani. I'm with the Law Firm 19 Rubin, Paterniti, Gonzalez & Kaufman. We 20 represent Dr. Nanda. I'm just going to kind 21 of continue where we left off yesterday. The 22 same rules that Ms. Burke went through will 23 continue into today. 24 Just try to keep all your responses 25 verbal . I'm kind of going to be following up Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 201 1 THERESA ROBINSON 2 on things from yesterday so I might be 3 bouncing around a lot and my questions may be 4 a little long. Just let me get out the whole 5 question before you answer. 6 Again, as many breaks as you need, 7 not a problem. If you don't understand one 8 of my questions just let me know, I'll 9 rephrase or repeat it. 10 Sound good? 11 A. Understood. 12 Q. What is your maiden name? 13 A. Christian, C-H-R-I-S-T-I-A-N. 14 Q. And when was the last time, just the 15 year, that you went by your maiden name? 16 A. 2009. 17 Q. And have you, if you can recall 18 with any of the medical providers that we 19 discussed yesterday, have you used your 20 maiden name at any of the doctors' offices on 21 any forms? 22 A. I do not think so. 23 Q . Okay. Just the best you can 24 remember. 25 A. Yeah. I don't think so. Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 202 1 THERESA ROBINSON 2 Q. And we were discussing your family 3 yesterday and you have two brothers, I 4 believe, Kevin and James; is that correct? 5 A. That's correct. 6 Q. Do Kevin or James have any children? 7 A. No. 8 Q. No, okay. 9 And your husband, does he have any 10 siblings ? 11 A. Yes. 12 Q. And what are their names? 13 A. Christine, Donald and Jackie. 14 Q. Does Christine reside in the New 15 York area? 16 A. Yes. 17 Q. And what about Donald? 18 A. Yes. 19 Q. And how about Jackie? 20 A. Yes. 21 Q. Approximately how often do you see 22 them; once a month, once a year, something 23 else? 24 A. Once a year. 25 Q. Does Christine, Donald or Jackie Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 203 1 THERESA ROBINSON 2 have any children? 3 A. Yes. 4 Q. Who has children and how old are 5 they? 6 A. Christine has a daughter, late 7 teens, and Donald has two small boys. 8 Q. Approximately how old are they? 9 A. 2 and 4. 10 Q. Do you recall the last time you saw 11 Donald and his family? 12 A. On New Years Eve. 13 Q. Yesterday when we were discussing 14 your employment history you worked at 15 Shirt Stop until approximately July of 2015; 16 is that correct? 17 A. That's incorrect. 18 Q. Incorrect, okay. I apo1ogiz e. 19 When was the last time you worked at 20 Shirt Stop? 21 A. I'm currently employed under Shirt 22 Stop . 23 Q. It was M.L.B. Enterprises that you 24 last worked at? 25 A. That is correct. Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 204 1 THERESA ROBINSON 2 Q. I see. I apologize . 3 And you resigned from M.L.B. 4 Enterprises; is that correct; or something 5 else ? 6 A. Something else. 7 Q. Okay. What happened? 8 A. I was just taking some time off and 9 had plans to come back. 10 Q. Why did you plan to take some time 11 off; was it for medical reasons, something 12 else? 13 A. Medical reasons. 14 Q . Okay. And what were those medical 15 reasons ? 16 A. I wanted to keep my pregnancy safe. 17 Q. And then this would be the pregnancy 18 with Nevaeh? 19 A. Nevaeh. 20 Q. Did a doctor suggest or recommend 21 that you stop working? 22 A. They did not. 23 Q . Okay. So it was a personal choice? 24 A. Yes . 25 Q • Have you ever filed for disability? Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 205 1 THERESA ROBINSON 2 A. Is that what comes when you have a 3 baby? 4 Q. Sometimes, yes. Some people file 5 for maternity leave, some people file for 6 disability. 7 A. Yes, I have. 8 Q. For both pregnancies; the one with 9 Derek, the one with Nevaeh? 10 A. Just with Derek. 11 MR. PAGLINAWAN: Off the 12 record. 13 (Whereupon, a discussion was 14 held off the record.) 15 Q. With respect to your pregnancy with 16 Derek were you working at M.L.B. Enterprises? 17 A. I was not. 18 Q. You were not. Okay. 19 Where were you working when you were 20 pregnant with Derek; if anywhere at all? 21 A. I was working for Great Neck Medical 22 Group. 23 Q. At what point in your pregnancy did 24 you stop working in order to give birth? 25 A. To Derek? Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 206 1 THERESA ROBINSON 2 Q. Yes, to Derek. 3 A. Derek was born Monday the 27th and 4 my last day of work was Friday the 24th. 5 Q. Okay. Correct me if I'm wrong. Did 6 you testify yesterday that you were on 7 bedrest at all for Derek's pregnancy? 8 A. I was on bedrest with Derek's 9 pregnancy. 10 Q. Was there a period of time where 11 you were unable to go to work at Great Neck 12 Medical Group due to the bedrest? 13 A. Yes, I believe so. 14 Q . Okay. Do you know if that was your 15 first trimester, second trimester, third 16 first? 17 A. My first trimester. 18 Q. And for how long were you on bedrest 19 during your first trimester with Derek's 20 pregnancy? 21 A. I don't recall. 22 Q. Was it more or less than a month? 23 A. Probably a little less than a month. 24 Q. And with Derek's pregnancy did you 25 take a maternity leave from your job at Great Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 wvw.reporters-mk.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 207 1 THERESA ROBINSON 2 Neck Medical Group? 3 A. Yes. 4 Q. And just approximately, how long was 5 your maternity leave? 6 A. Eight weeks. 7 Q. And after the eight weeks did you 8 return to work at Great Neck Medical Group? 9 A. Yes, I did. 10 Q. Have you ever filed for 11 unemployment ? 12 A. Yes, I have. 13 Q. When was that? 14 A. That was November 2012 when 15 Hurricane Sandy hit us. 16 Q. And where were you working in 17 November of 2012? 18 A. I was working for Dr. Sanjay Kirtane 19 and he was located in Rockaway Park. 20 Q. Was his office or medical practice 21 affected by the hurricane? 22 A. Unfortunately, yes. 23 Q. And what kind of doctor is Dr. 24 Kirtane ? 25 A. Dr. Kirtane was a cardiologist. Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 208 1 THERESA ROBINSON 2 Q. Have you yourself ever treated with 3 Dr. Kirtane ? Has he ever examined you, 4 provided medical care in any way? 5 A. No . 6 Q. With respect to your social media. 7 what is your Instagram handle? What is the 8 name ? 9 A. Underscore underscore T underscore I 10 underscore A underscore underscore. 11 Q. And how about Facebook? 12 A. It's Tia, T-I-A; Tia, T-I-A. 13 Q. I know yesterday you said that when 14 you were in the hospital for the labor and 15 delivery after Nevaeh's birth you took 16 pictures of your scar; correct? 17 A. Correct. 18 Q . Okay. In addition to those pictures 19 did you just take any pictures of Nevaeh, 20 yourself, your husband, while you were at 21 L .I . J. ? 22 A. Yes . 23 Q . Do you still have those pictures? 24 A. I have some printed on her wall. 25 MS. TURRIZIANI: Okay. I just Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 209 1 THERESA ROBINSON 2 ask that you conduct a search for 3 those pictures and provide what you 4 have to your attorney and don't 5 destroy anything you do have. 6 THE WITNESS: Will do. 7 Q. Also, sometimes it's very 8 commonplace, did you post any of the pictures 9 of your daughter's birth just in a 10 celebratory way on Facebook or Instagram? 11 A. Never, not once. 12 Q. You began treating with Dr. Kobren 13 in 2007; is that correct? 14 A. That is correct. 15 Q. Why did you start treating with Dr. 16 Kobren ? 17 A. I liked his personality. I felt 18 like he had qualities I was looking for in a 19 physician. I wanted a nice bedside manner 20 and he has that. 21 Q. When you first started treating with 22 him was it for just a primary care physician? 23 A. Yes. 24 Q. Okay. 25 A. I didn't have one. Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/14/2021 210 1 THERESA ROBINSON 2 Q. Okay. In 2007 did you have any 3 symptoms or complaints of anxiety that 4 brought you to treat with Dr. Kobren? 5 A. I don't recall. 6 Q. Do you recall, and the year is fine, 7 when you first had complaints of anxiety that 8 you discussed with Dr. Kobren? 9 A. I don't remember when we first 10 realized symptoms were anxiety. 11 Q. So now looking back when you say 12 that; did you go with complaints of either 13 chest pains or difficulty sleeping, trouble 14 breathing, things that you might not have 15 known at the time were anxiety but now 16 through treating with Dr. Kobren you 17 understand were symptoms of anxiety? 18 A. I agree with that. 19 Q . Okay. Do you know when you first 20 had complaints of either trouble sleeping. 21 trouble breathing, things like that? 22 A. I don't know when it was