Preview
FILED: SUFFOLK COUNTY CLERK 11/22/2022 03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 11/22/2022
EXHIBIT B
FILED:
NYSCEF DOC.
SUFFOLK
NO. 309
426
COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM
-r/3 61t)/jtr)3
RECEIVED
INDEX NO.
NYSCEF:
038664/2012
03/12/2021
11/22/2022
JAN 1 3 2014 Page 1
December 12, 2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------------x
JOHN VENTO, a minor by his Mother and
Natural Guardian KIMBERLY VENTO and
KIMBERLY VENTO, Individually,
Plaintiffs,
-against- Index No.
38664/12
DARNELL M. EDWARDS, ISLANDWIDE
TRANSPORTATION INCORPORATED, THE
TOWN OF BROOKHAVEN and OTO TRANSPORT,
INC.,
t.) Defendants.
---------------------------------------x
50 Route 111
Smithtown, New York
December 12, 2013
10:27 a.m.
EXAMINATION BEFORE TRIAL of JOHN VENTO, the
Plaintiff herein, taken by the Defendants,
before a Notary Public of the State of New
York, pursuant to Order.
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 2
December 12, 2013
1
2 .APPEAR AN C E.S:
3
4 WEITZMAN & KLETZKIN, LLP
Attorneys for the Plaintiffs
5 845 Third Avenue, 6th Floor
New York, New York 10022
6
BY: STEVEN KLETZKIN, Esq.
7
8
9 LAW OFFICES OF FRANK J. LAURINO
Attorneys for the Defendants
10 DARNELL M. EDWARDS and OTO
TRANSPORT, INC.
11 999 Stewart Avenue
Bethpage, New York 11714
12
BY: MICHELLE S. SEENER, Esq., of Counsel
13 FILE# 2012C0004434FL
14
15
16 ESTRIN, BENN & LANE, LLC
Attorneys for the Defendant
17 ISLANDWIDE TRANSPORTATION, INC.
225 Broadway, Suite 1200
18 New York, New York 10007
19 BY: NOT PRESENT
20
21
22
23
24
25
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 3
December 12, 2013
1
2 APPEARANCES:
3 DEVITT I SPELLMAN, BARR;E_TT, LLP
Attorneys fo~. the Defendant
4 TOWN OF BROOKHAVEN
50 Route 111
5 Smithtown, New York 11787
6 BY: FRANCIS J. TIERNEY, Esq.
FILE# TB6707W3
7
8
9
10
(····.,, 11
"-.-) 12
13
14
15
16
17
18
19
20
21
22
23
24
25
""-·"
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 4
December 12, 2013
1
2 IT IS HEREBY STIPULATED AND AGREED by
3 and between the attorneys for the respective
4 parties hereto; that all rights provided by the
5 C.P.L.R., including the right to object to any
6 question, except as to form, or to move to strike
7 any testimony at this examination are reserved;
8 and, in addition, the failure to object to any
9 question, or move to strike any testimony at this
10 examination, shall not be a bar or waiver to make
11 such motion at, and is reserved for the trial of
12 this action.
13
14 IT IS FURTHER STIPULATED AND AGREED by
15 and between the attorneys for the respective
16 parties hereto, that this examination may be
17 sworn to by the witness being examined, before a
18 Notary Public other than the Notary Public before
19 whom this examination was begun, but the failure
20 to do so, or to return the original of this
21 examination to counsel, shall not be deemed a
22 waiver of the rights provided by Rules 3116 and
23 3117 of the C.P.L.R., and shall be controlled
"24 thereby.
25
l.)
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 5
December 12, 2013
\
(
1
2 IT IS FURTHER STIPULATED AND AGREED
3 that the filing and certification of the original
4 of this examinatio·n is waived.
5
6 IT IS FURTHER STIPULATED AND AGREED
7 by and between the attorneys for the respective
8 parties hereto, that this examination may be
9 utilized for all purposes as provided by the
10 C.P.L.R.
11
12 IT IS FURTHER STIPULATED AND AGREED by
( )
___ 13 and between the attorneys for the respective
14 parties hereto, that the filing and certification
15 of the original of this examination shall be and
16 the same hereby are waived.
17
18 IT IS FURTHER STIPULATED AND AGREED by
19 and between the attorneys for the respective
20 parties hereto, that all rights provided by the
21 C.P.L.R., and Part 221 of the Uniform Rules for
22 the Conduct of Depositions, including the right
23 to object to any question, except as to form, or
24 to move to strike any testimony at this
25 examination is reserved; and in addition, the
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 6
December 12, 2013
1
2 failure to object to any question or to move to
3 strike any testimony at this examination shall
4 not be a ba'r or waiver to make such motion at,
5 and is reserved to the trial of this action.
6
7 IT IS FURTHER STIPULATED AND AGREED by
8 and between the attorneys for the respective
9 parties hereto, that a copy of the within
10 examination shall be furnished to counsel
11 representing the witnesses(es) testifying,
12 without charge.
13
14 oOo
15
16
17
18
19
20
21
22
23
24
("-......,,·<; 25
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 7
December 12, 2013
1 JOHN VENTO
2 JOHN VENT 0:,
3 having been duly sworn by a Notary Public
4 of the State of New York, was examined and
5 testified as follows:
6 EXAMINATION BY
7 MS. SEENER:
8 MR. KLETZKIN: The record should
9 reflect that Islandwide is not represented
10 by counsel here today. I did have a
11 conversation with Kevin Shaftan who is an
12 attorney with the law firm of Estrin, Benn
(_) 13 and Lane yesterday and they advised in no
14 uncertain terms that they would not be
15 appearing. I did subsequent to that
16 conversation receive an e-mail from Mel
17 Estrin who is an attorney with the firm of
18 Estrin, Benn and Lane requesting that his
19 office receive a copy of the depositions of
20 the plaintiffs that are conducted today.
21 Q Good morning, John.
22 A Good morning.
23 Q My name is Michelle Seener. I'm of
24 counsel to the Law Office of Frank Laurino
25 representing two of the defendants named in this
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 8
December 12, 2013
1 JOHN VENTO
·2 action. I,' 11. be asking you a ser,ies of questions •
3 this morning. I ask that you wait for me ~o
4 fully complete my question before you respond and
5 make all of your responses verbally as your
6 attorney stated to you as opposed to a nod or
7 shake of your head, okay?
8 A Okay.
9 Q If you don't understand a question or
10 you'd like to hear a question again, please let
11 me know and I'll be glad to restate or rephrase
12 the question or say it in a different way,
() 13 okay?
14 A All right.
15 Q If you want a break at any time,
16 please let us know also and we'll be glad to take
17 a break.
18 A All right.
19 Q Do you understand what I just told
20 you?
21 A Yes.
22 Q You were sworn in today, you raised
23 your right hand?
24 A Just now.
25 Q And do you understand what it means
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 9
December 12, 2013
1 JOHN VENTO
2 to t~ke an oath and to be sworn in and to tell
3 the truth?
4 A Yes.
5 Q And do you know the difference
6 between telling the truth and telling a lie?
7 A Yes.
8 Q If I was to tell you that my suit is
9 red, would that be the truth or would that be a
10 lie?
11 A A lie.
12 Q Okay. And if I was to tell you that
13 my suit is gray, would that be the truth?
14 A No.
15 Q What color is it?
16 A Black.
17 Q Okay. So if I was to tell you it was
18 black, would that be the truth?
19 A Yes.
20 Q So do you understand that it's
21 important today to tell the truth, correct?
22 A Uh-hum.
23 Q Correct?
24 MR. KLETZKIN: You have to give
( : 25 verbal responses.
\_._ __j
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 10
December 12, 2013
(-\
1 JOHN VENTO
2 A Yes.
3 Q Can you tell me your name?
4 A John.
5 Q And what is your last name?
6 A Vento.
7 Q How old are you, John?
8 A 14.
9 Q 14. When is your birthday?
10 A July.
11 Q Do you know the date?
12 A 26th.
13 Q July 26th. Do you know what year you
14 were born?
15 A
16 Q Where do you live?
17 A In a house.
18 Q Do you know the address?
19 A 45 Plandome, P-1-a-n-d-o-m-e, Road.
20 Q Where is Plandome Road?
21 A Sound Beach.
22 Q Who do you live there with?
23 A My mom and my brother.
24 Q Do you know your mother's name?
25 A Kim.
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 11
December 12, 2013
-· ...
(' } 1 JOHN VENTO
2 Q What is your brother's name?
3 A Joey.
4 Q Joey. Is Joey older than you?
5 A Yes.
6 Q Do you know how old Joey is?
7 A 16.
8 Q Does anyone else live with you on
9 Plandome Road?
10 A No.
11 Q Do you go to school?
12 A At home, I'm home schooled.
13 Q Do you remember going to school
14 outside of your home before this accident?
15 A Sorta, kinda, not really.
16 Q Do you remember being in middle
17 school?
18 A Yeah.
19 Q Do you remember the name of the
20 middle school?
21 A Rocky Point Middle School.
22 Q Rocky Point Middle School, right?
23 A Yes.
24 Q Do you remember what grades you went
(\__j' 25 to Rocky Point Middle School?
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 12
December 12, 2013
1 JOHN VENTO
2 A Sixth and half of seventh, I think.
3 Q How did you get to school when you
4 went to Rocky Point Middle School?
5 A The bus.
6 Q Did you take all different kinds of
7 classes at Rocky Point Middle School?
8 A Yes.
9 Q Do you remember any of the classes
10 you took in seventh grade?
11 A English, math, science, social
12 studies.
(_) 13 Q Did you go to any after-school
14 activities in seventh grade?
15 A They didn't start yet. I got hit
16 before they started.
17 Q How about in sixth grade, did you go
18 to any after-school activities?
19 A I played lacrosse but not for the
20 school.
21 Q What school did you play lacrosse
22 for?
23 A No school.
24 Q Did you play with a team after
25 school?
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 13
December 12, 2013
1 JOHN VENTO
2 A Yes.
3 Q Do you remember the name of the
4 team?
5 A There was no name, just -- I don't
6 know if there was a name.
7 Q Okay. Do you know where you met to
8 play for your games; did you go to a park, did
9 you go to a school?
10 A At the school.
11 Q Would that be at Rocky Point Middle
12 School?
13 A Yes.
14 Q Do you remember how many years you
15 played lacrosse?
16 A Awhile. No, I don't remember.
17 Q Were you a good player?
18 A Yes.
19 Q How were you given grades in sixth
20 grade at Rocky Point Middle School, did you get
21 letters or numbers or something else?
22 A What do you mean?
23 Q Did you get a report card in sixth
24 grade at Rocky Point Middle School?
( ' 25 A My mom did.
'--.._j
Jay Deitz Associates - Court Reporting Services
212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 14
December 12, 2013
1 JOHN VENTO
2 Q And do you know if there were numbers
•
3 or letters·on that report card?
4 A I'm not sure.
5 Q How about in seventh grade, do you
6 remember getting any report cards in seventh
7 grade?
8 A I didn't have one.
9 Q You didn't have one?
10 A No, I was in the hospital.
11 Q Okay. Were you a good student, were
12 you an A student or a B student in sixth grade?
13 A Definitely not an A student.
14 Definitely not an A. I don't know. I wasn't the
15 best.
16 MR. KLETZKIN: Try and keep your
17 hand
18 THE WITNESS: Sorry.
19 MR. KLETZKIN: It's okay.
20 Q Did you get Bs or Cs or something
21 else in sixth grade, if you remember?
22 A I don't know. I don't know.
23 Q Did you ever fail any of your classes
24 in sixth grade?
.L i
,'
25 A Maybe like one, two.
Jay Deitz Associates - Court Reporting Services
212-374 -7700 516-678-0700 718-527-7700 fax, 516-678-4488
FILED: SUFFOLK COUNTY CLERK 03/12/2021
11/22/2022 04:39
03:43 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 309
426 RECEIVED NYSCEF: 03/12/2021
11/22/2022
Page 15
December 12, 2013
(
\
1 JOHN VENTO
2 Q Did you have extra help at school in
3 sixth grade before this accident?
4 A Yes.
5 Q Was that extra help after school or
6 during the school day?
7 A No, it was
Preview
FILED: SUFFOLK COUNTY CLERK 11/22/2022 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 11/22/2022 EXHIBIT B FILED: NYSCEF DOC. SUFFOLK NO. 309 426 COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM -r/3 61t)/jtr)3 RECEIVED INDEX NO. NYSCEF: 038664/2012 03/12/2021 11/22/2022 JAN 1 3 2014 Page 1 December 12, 2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------x JOHN VENTO, a minor by his Mother and Natural Guardian KIMBERLY VENTO and KIMBERLY VENTO, Individually, Plaintiffs, -against- Index No. 38664/12 DARNELL M. EDWARDS, ISLANDWIDE TRANSPORTATION INCORPORATED, THE TOWN OF BROOKHAVEN and OTO TRANSPORT, INC., t.) Defendants. ---------------------------------------x 50 Route 111 Smithtown, New York December 12, 2013 10:27 a.m. EXAMINATION BEFORE TRIAL of JOHN VENTO, the Plaintiff herein, taken by the Defendants, before a Notary Public of the State of New York, pursuant to Order. Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 2 December 12, 2013 1 2 .APPEAR AN C E.S: 3 4 WEITZMAN & KLETZKIN, LLP Attorneys for the Plaintiffs 5 845 Third Avenue, 6th Floor New York, New York 10022 6 BY: STEVEN KLETZKIN, Esq. 7 8 9 LAW OFFICES OF FRANK J. LAURINO Attorneys for the Defendants 10 DARNELL M. EDWARDS and OTO TRANSPORT, INC. 11 999 Stewart Avenue Bethpage, New York 11714 12 BY: MICHELLE S. SEENER, Esq., of Counsel 13 FILE# 2012C0004434FL 14 15 16 ESTRIN, BENN & LANE, LLC Attorneys for the Defendant 17 ISLANDWIDE TRANSPORTATION, INC. 225 Broadway, Suite 1200 18 New York, New York 10007 19 BY: NOT PRESENT 20 21 22 23 24 25 Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 3 December 12, 2013 1 2 APPEARANCES: 3 DEVITT I SPELLMAN, BARR;E_TT, LLP Attorneys fo~. the Defendant 4 TOWN OF BROOKHAVEN 50 Route 111 5 Smithtown, New York 11787 6 BY: FRANCIS J. TIERNEY, Esq. FILE# TB6707W3 7 8 9 10 (····.,, 11 "-.-) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ""-·" Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 4 December 12, 2013 1 2 IT IS HEREBY STIPULATED AND AGREED by 3 and between the attorneys for the respective 4 parties hereto; that all rights provided by the 5 C.P.L.R., including the right to object to any 6 question, except as to form, or to move to strike 7 any testimony at this examination are reserved; 8 and, in addition, the failure to object to any 9 question, or move to strike any testimony at this 10 examination, shall not be a bar or waiver to make 11 such motion at, and is reserved for the trial of 12 this action. 13 14 IT IS FURTHER STIPULATED AND AGREED by 15 and between the attorneys for the respective 16 parties hereto, that this examination may be 17 sworn to by the witness being examined, before a 18 Notary Public other than the Notary Public before 19 whom this examination was begun, but the failure 20 to do so, or to return the original of this 21 examination to counsel, shall not be deemed a 22 waiver of the rights provided by Rules 3116 and 23 3117 of the C.P.L.R., and shall be controlled "24 thereby. 25 l.) Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 5 December 12, 2013 \ ( 1 2 IT IS FURTHER STIPULATED AND AGREED 3 that the filing and certification of the original 4 of this examinatio·n is waived. 5 6 IT IS FURTHER STIPULATED AND AGREED 7 by and between the attorneys for the respective 8 parties hereto, that this examination may be 9 utilized for all purposes as provided by the 10 C.P.L.R. 11 12 IT IS FURTHER STIPULATED AND AGREED by ( ) ___ 13 and between the attorneys for the respective 14 parties hereto, that the filing and certification 15 of the original of this examination shall be and 16 the same hereby are waived. 17 18 IT IS FURTHER STIPULATED AND AGREED by 19 and between the attorneys for the respective 20 parties hereto, that all rights provided by the 21 C.P.L.R., and Part 221 of the Uniform Rules for 22 the Conduct of Depositions, including the right 23 to object to any question, except as to form, or 24 to move to strike any testimony at this 25 examination is reserved; and in addition, the Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 6 December 12, 2013 1 2 failure to object to any question or to move to 3 strike any testimony at this examination shall 4 not be a ba'r or waiver to make such motion at, 5 and is reserved to the trial of this action. 6 7 IT IS FURTHER STIPULATED AND AGREED by 8 and between the attorneys for the respective 9 parties hereto, that a copy of the within 10 examination shall be furnished to counsel 11 representing the witnesses(es) testifying, 12 without charge. 13 14 oOo 15 16 17 18 19 20 21 22 23 24 ("-......,,·<; 25 Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 7 December 12, 2013 1 JOHN VENTO 2 JOHN VENT 0:, 3 having been duly sworn by a Notary Public 4 of the State of New York, was examined and 5 testified as follows: 6 EXAMINATION BY 7 MS. SEENER: 8 MR. KLETZKIN: The record should 9 reflect that Islandwide is not represented 10 by counsel here today. I did have a 11 conversation with Kevin Shaftan who is an 12 attorney with the law firm of Estrin, Benn (_) 13 and Lane yesterday and they advised in no 14 uncertain terms that they would not be 15 appearing. I did subsequent to that 16 conversation receive an e-mail from Mel 17 Estrin who is an attorney with the firm of 18 Estrin, Benn and Lane requesting that his 19 office receive a copy of the depositions of 20 the plaintiffs that are conducted today. 21 Q Good morning, John. 22 A Good morning. 23 Q My name is Michelle Seener. I'm of 24 counsel to the Law Office of Frank Laurino 25 representing two of the defendants named in this Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 8 December 12, 2013 1 JOHN VENTO ·2 action. I,' 11. be asking you a ser,ies of questions • 3 this morning. I ask that you wait for me ~o 4 fully complete my question before you respond and 5 make all of your responses verbally as your 6 attorney stated to you as opposed to a nod or 7 shake of your head, okay? 8 A Okay. 9 Q If you don't understand a question or 10 you'd like to hear a question again, please let 11 me know and I'll be glad to restate or rephrase 12 the question or say it in a different way, () 13 okay? 14 A All right. 15 Q If you want a break at any time, 16 please let us know also and we'll be glad to take 17 a break. 18 A All right. 19 Q Do you understand what I just told 20 you? 21 A Yes. 22 Q You were sworn in today, you raised 23 your right hand? 24 A Just now. 25 Q And do you understand what it means Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 9 December 12, 2013 1 JOHN VENTO 2 to t~ke an oath and to be sworn in and to tell 3 the truth? 4 A Yes. 5 Q And do you know the difference 6 between telling the truth and telling a lie? 7 A Yes. 8 Q If I was to tell you that my suit is 9 red, would that be the truth or would that be a 10 lie? 11 A A lie. 12 Q Okay. And if I was to tell you that 13 my suit is gray, would that be the truth? 14 A No. 15 Q What color is it? 16 A Black. 17 Q Okay. So if I was to tell you it was 18 black, would that be the truth? 19 A Yes. 20 Q So do you understand that it's 21 important today to tell the truth, correct? 22 A Uh-hum. 23 Q Correct? 24 MR. KLETZKIN: You have to give ( : 25 verbal responses. \_._ __j Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 10 December 12, 2013 (-\ 1 JOHN VENTO 2 A Yes. 3 Q Can you tell me your name? 4 A John. 5 Q And what is your last name? 6 A Vento. 7 Q How old are you, John? 8 A 14. 9 Q 14. When is your birthday? 10 A July. 11 Q Do you know the date? 12 A 26th. 13 Q July 26th. Do you know what year you 14 were born? 15 A 16 Q Where do you live? 17 A In a house. 18 Q Do you know the address? 19 A 45 Plandome, P-1-a-n-d-o-m-e, Road. 20 Q Where is Plandome Road? 21 A Sound Beach. 22 Q Who do you live there with? 23 A My mom and my brother. 24 Q Do you know your mother's name? 25 A Kim. Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax: 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 11 December 12, 2013 -· ... (' } 1 JOHN VENTO 2 Q What is your brother's name? 3 A Joey. 4 Q Joey. Is Joey older than you? 5 A Yes. 6 Q Do you know how old Joey is? 7 A 16. 8 Q Does anyone else live with you on 9 Plandome Road? 10 A No. 11 Q Do you go to school? 12 A At home, I'm home schooled. 13 Q Do you remember going to school 14 outside of your home before this accident? 15 A Sorta, kinda, not really. 16 Q Do you remember being in middle 17 school? 18 A Yeah. 19 Q Do you remember the name of the 20 middle school? 21 A Rocky Point Middle School. 22 Q Rocky Point Middle School, right? 23 A Yes. 24 Q Do you remember what grades you went (\__j' 25 to Rocky Point Middle School? Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 12 December 12, 2013 1 JOHN VENTO 2 A Sixth and half of seventh, I think. 3 Q How did you get to school when you 4 went to Rocky Point Middle School? 5 A The bus. 6 Q Did you take all different kinds of 7 classes at Rocky Point Middle School? 8 A Yes. 9 Q Do you remember any of the classes 10 you took in seventh grade? 11 A English, math, science, social 12 studies. (_) 13 Q Did you go to any after-school 14 activities in seventh grade? 15 A They didn't start yet. I got hit 16 before they started. 17 Q How about in sixth grade, did you go 18 to any after-school activities? 19 A I played lacrosse but not for the 20 school. 21 Q What school did you play lacrosse 22 for? 23 A No school. 24 Q Did you play with a team after 25 school? Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 13 December 12, 2013 1 JOHN VENTO 2 A Yes. 3 Q Do you remember the name of the 4 team? 5 A There was no name, just -- I don't 6 know if there was a name. 7 Q Okay. Do you know where you met to 8 play for your games; did you go to a park, did 9 you go to a school? 10 A At the school. 11 Q Would that be at Rocky Point Middle 12 School? 13 A Yes. 14 Q Do you remember how many years you 15 played lacrosse? 16 A Awhile. No, I don't remember. 17 Q Were you a good player? 18 A Yes. 19 Q How were you given grades in sixth 20 grade at Rocky Point Middle School, did you get 21 letters or numbers or something else? 22 A What do you mean? 23 Q Did you get a report card in sixth 24 grade at Rocky Point Middle School? ( ' 25 A My mom did. '--.._j Jay Deitz Associates - Court Reporting Services 212-374-7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 14 December 12, 2013 1 JOHN VENTO 2 Q And do you know if there were numbers • 3 or letters·on that report card? 4 A I'm not sure. 5 Q How about in seventh grade, do you 6 remember getting any report cards in seventh 7 grade? 8 A I didn't have one. 9 Q You didn't have one? 10 A No, I was in the hospital. 11 Q Okay. Were you a good student, were 12 you an A student or a B student in sixth grade? 13 A Definitely not an A student. 14 Definitely not an A. I don't know. I wasn't the 15 best. 16 MR. KLETZKIN: Try and keep your 17 hand 18 THE WITNESS: Sorry. 19 MR. KLETZKIN: It's okay. 20 Q Did you get Bs or Cs or something 21 else in sixth grade, if you remember? 22 A I don't know. I don't know. 23 Q Did you ever fail any of your classes 24 in sixth grade? .L i ,' 25 A Maybe like one, two. Jay Deitz Associates - Court Reporting Services 212-374 -7700 516-678-0700 718-527-7700 fax, 516-678-4488 FILED: SUFFOLK COUNTY CLERK 03/12/2021 11/22/2022 04:39 03:43 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 309 426 RECEIVED NYSCEF: 03/12/2021 11/22/2022 Page 15 December 12, 2013 ( \ 1 JOHN VENTO 2 Q Did you have extra help at school in 3 sixth grade before this accident? 4 A Yes. 5 Q Was that extra help after school or 6 during the school day? 7 A No, it was