Preview
INDEX NO. 521110/2017
FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM )o/7 _06244z
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
1
L SUPREME COURT OF THE STATE OF
1r:i:9:*',
NEW YORK
l;:,::
COI'NTY OF KINGS
2 ----x
WDTTH ZARUG,
3
PI-,AINTIFF,
4
-against- Index No.:
5 s2Ltr}/20L7
6 TI{E CITY OF NEW YORK,
7 DEFENDANT.
----x
I
9 DATE: ,JuIy 1, 20]-9
10 TIME: 1L:05 A.M.
11
1,2 E:GIVTINATION BEFORE TRIAL of Ihe Plaintiff ,
13 ,JUDITH ZARUG, taken by the Defendant, pursuant to a Court
1,4 Order, held at the offices of the New York City Law
15 Department, One Pierrepont PJ-aza, Brooklyn, New York LI2OL,
1,6 before Gary Merola, a Notary Public of the State of New
t7 York.
18
l9
20
21-
22
23
24
a?
25
DIAIVTOND REPORTING (All) eZq-3287 info@diamondreporting.com
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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1 A P P E A R A N C E S:
2
3 DAIIIELITA LEVI & ASSOCIATES, P.C.
Att,orneys for the Plaintiff
4 .IUDITH ZARUG
159-L6 Union Turnpike, Suite 200
5 Fresh Meadows, New York 11355
BY: LISA M. MINIIIO, ESQ.
6 File #: L7DIJ0058
7
8 ZACHARY W. CARTER, ESQ.
CORPORATION COUNSEIT
9 NEW YORK CITY IJ,AW DEPARTMENT
Attorneys for the Defendant
10 THE CITY OF NEW YORK
100 Church Street
L1 New York, New York 10007
BY: DMITRI SHTILGOIZ, ESQ.
t2 File #: 201,7 -062652
Control #: L9-2202
13
L4
15
L6 * * *
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L9
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2L
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DIAITIOND REPORTING (elll AZq-3287 info@diamondreporting.com
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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1 22L. I'NIFORM RT'I.ES FOR THE
CONDUCT OF DEPOSITIONS
2 22L.L Objections at Depositione
(a) Objectione in general. No objections shall be made at a
3 deposition except those which, pursuant to subdivision (b),
(c) or (d) of Rule 3115 of the Civil Practice Law and
4 Ru1es, would be waived if not interposed, and except in
compliance with subdivision (e) of such rule. All
5 objections made at a depositj-on shall be noted by the
officer before whom the deposition is taken, and the answer
6 shaIl be given and the deposition shal1 proceed subject to
the objections and to the right of a person to apply for
7 appropriate relief pursuant to Article 3L of the CPLR.
(b) Speaking objectione reetricted. Every objection raised
I during a deposition sha11 be stated succinctly and framed
so as not to suggest an answer to the deponent and, at the
9 reguest of the questioning attorney, shall include a clear
statement as to any defect in form or other basis of error
10 or irregularity. Except to the exEent permitted by CPLR
Rule 31-15 or by this rule, during the course of the
1_1- examination persons in attendance shal1 not make statements
or comments that interfere with the guestioning.
I2 22L.2 Refugal to anewer when objection iE made. A deponent
shall answer all questions at a deposition, except (i) to
L3 preserve a privilege or right of confidentiality, (ii) to
enforce a limitation set forth in an order of the court, or
l4 (iii) when the question is plainly improper and wouId, if
answered, cause significant prejudice to any person. An
1-5 attorney shall not direct a deponent not to answer except
as provided in CPLR Rule 311-5 or this subdivision. Any
1,5 refusal to answer or direction not to answer shalI be
accompanied by a succj-nct and clear statement of the basis
1,7 therefor. If the deponent does not answer a question, the
examj-ning party sha1l have the right to complete the
t_8 remainder of the deposition.
I9
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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1_ 22L. I'NIFORU RI'I,ES FOR THE
COIIDUCT OF DEPOSITIONS
2
22L.3 Comunication 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
5 shall be stated for the record succinctly and clearly.
7
IT IS FURTHER STIPUI,ATED AI{D AGREED that Ihe
8 transcript may be signed before any Notary Public with the
same force and effect as if signed before a clerk or a
9 .fudge of the court.
L0
IT IS FURTHER STIPULATED AND AGREED thal Ihe
1- 1- examination before trial may be utilized for all purposes
as provided by the CPLR.
t2
13 rT TS FURTHER STIPULATED AND AGREED IhaT aII
rights provided to all parties by the CPLR cannot be deemed
L4 waived and the appropriate sections of the CPLR shall be
controlling with respect hereto.
15
t6 IT IS FURTHER STTPULATED AltrD AGREED by and
between the attorneys for the respective parties hereto
1-7 that a copy of t,his examination shall be furnished, without
charge, to the attorneys representing the witness
1_8 testifying herein.
1,9
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2t
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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.]. ZARUG
1 .J U D I T H Z A R U G, caIled as a witness, having been
2 first duly sworn by a Notary Public of the State of New
3 York, was examined and testified as follows:
4 E)(AI TNATTON BY
5 MR. SHTII,GOIZ:
6 O. P1ease state your name for the record.
7 A. ,fudith Zar:ug .
8 O. What is your address?
9 A. 2289 Ocean Parkway, Apartment 2-F, Brooklyn, New
10 York L]-223.
11 O. Good morning, ry name is Dmitri Shtilgoiz and I
L2 represent the City of New York. f will be asking you a
L3 series of guestions today regarding the incident which
L4 brings us here today.
15 Now, during this deposition, please follow the
L6 following instructions that I'm about to give. Please
I7 provide all of your responses verbally. A nod or any form
18 of a head gesture will not suffice.
L9 Pleaee wait for me to finish my question before
20 you begin t,o ansrwer. A lot of my guestj-ons you will know
2L exactly what I asking before f finish the question, but I
22 just ask that you wait for me to complete the fu1l sentence
23 because the court reporter can only take down one person
24 talking at a tj.me.
25 If you donrt underetand a quest,ion that I asked,
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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,J. ZARUG
L please 1et me know and I will attempt to rephrase it. If
2 you answered my questj-on I will assume that you understood
3 ir.
4 Lastly, if you need to take a break for any
5 reason, you may do so. However, all I ask that you answer
5 any pending guestion before you leave the room.
7 Do you understand those instructions?
I A. Yes.
9 O. Great. The address that you provided, 2289 Ocean
1-0 Parkway, apartment 2-F, how long have you resided there?
11 A. Eit,her f ive or six years.
t2 a. And do you owrr that apartment or do you rent?
L3 A. I rent.
I4 O. Whom do you live with at that address?
1_5 A. My husband.
t6 a. What is your husband's name?
1,7 A. Benj amin Zarug.
18 O. Does Benjamin have a middle name?
19 A. No.
20 O. fs Benjamin known by any other names?
2L A. No.
22 O. When were you married?
23 A. I was marri-ed in 1997.
24 O. Were you ever married before?
25 A. No.
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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,I. ZARUG
1 a Do you live with anyone else?
2 A No.
3 o Do you have any children?
4 A No.
5 o Where did you live prior to the current address?
6 A It was on East 4th Street. I donrt remember.
7 a East 4th and what?
I A It was East 4th between U and V. 2205 East 4th
9 Street.
L0 O. How long did you reside there for?
l_1 A. For about three, four years. Four years.
72 O. And where did you live before that?
1_3 A. 2]-39 East 7th Street. That's between T and U.
L4 O. How long did you reside there?
15 A. Also for about four, five years.
1-5 O. 2205 East 4th Street, did you rent or own?
1,'7 A. I always rented.
1_8 a. Was there an apartment number associated wlth
L9 that address?
20 A. No.
2t O. Do you have a middle name?
22 A. No.
23 O. Are you known by any other names?
24 A. lTudy.
25 a. And what was your maiden name?
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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'J. ZARUG
1 A. Schneider.
2 O. I'm going to ask you for your date of birth and
3 Social Security number. However, I'm going to ask the
4 court reporter to put the last four on each of the
5 transcript, but you can provide me with the entire number.
6 I-,etrs start with the date of birth.
7 A. 1955.
I O. And Social Security?
9 A. 1-725.
L0 O. Where were you born?
LL A. In New York.
t2 O. Have you ever been convicted of a crime?
r-3 A. No.
1-4 a. What is your height?
L5 A. Five-seven.
1,6 a. And your current weight?
t7 A. 180.
18 O. Do you know what your weight was around the time
1-9 of the accident?
20 A. f think it was 1-60.
2L O. Is there a reason for the discrepancy in weight
22 from the date of the incident until today?
23 A. My weight goes up and down. It fluctuates. I'm
24 a diabetic so I don't know.
25 O. Do you believe that the weight gain was
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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.7. ZARUG
1 associated with the accident?
2 A. No.
3 a. Are you currently on any medication?
4 A. Yes, for diabetes.
5 a. What medication are you on?
5 A. If m on insulin basically.
7 a. When were you diagnosed with diabetes?
I A. When I was 58.
9 O. Other than insulin, do you take any other form of
10 medication for diabetes?
1_1 A. For the diabetes, rro. f take, what is it,
L2 thyroid, Biaxin something. What else, Soriatane.
13 Simvastatin. That's it.
1-4 a. And the most recent medications that you just
15 mentj-oned, those are all for your thyroid?
t5 A. For the diabetes.
1,7 O. For the diabetes you just take insulin, correct?
1_8 A. The insulin and they told me to take this aIso.
1,9 When I went to the endocrinologist, he also prescribed
20 that, to take this with that.
21, a. But you don't have a thyroid condition because I
22 heard you mention thyroid?
23 A. Yeah, thyroid, Levothyroxine something.
24 O. Do you take any other form of medicat j-on?
25 A. No.
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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'J. ZARUG
1 O. When is the last time that you took insulin?
2 A. This morning.
3 O. Are there any side effects when you take insulin?
4 A. No.
5 O. How often do you inject yourself?
6 A. Before I eat. I have to do it three times a day
7 before meals and something else before I go to sleep. They
I keep on changing it, you know, because of the insurance.
9 They changed it. I don't even remember offhand the name.
r.0 f have it written down, buE it is an injection at night and
LL then three before I eat.
T2 a. Were you also injecting yourself with insulin
13 three times a day around the tj-me of accident?
L4 A. I believe so.
1-5 a. Have you had any alcohol in the last 24 hours?
L6 A. No.
l7 a. Have you consumed any form of iI1ega1 medication
L8 in the last 24 hours?
T9 A. No.
20 O. What is your highest leve1 of education?
2t A. I have a masterrs degree.
22 a. In what?
23 A. In education.
24 O. When did you obtain that masters in education?
25 A. In the 1980s.
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
t_1
,J. ZARUG
L O. Where did you obtain that degree from?
2 A. My masters I got from Adelphi.
3 a. Where was Adelphi located around that time?
4 A. WeIl, their main campus is l-.,ong Is1and, but they
5 had a place, I think on 23rd Street in Manhattan.
6 O. And you went to the place on 23rd Street?
7 A. Yeah, either 23rd or 28th.
I O. Other than the masters in education, do you have
9 any other degrees or certifications?
1_0 A. In my time you had to get a permanent
11 certification for each teaching. Now I think everything
I2 changed.
L3 O. When did you obtain Ehe permanent certification
l4 in teaching?
15 A. Around that time.
1,6 O. And from where?
L7 A. A1bany. It was part of the masters program.
t_8 a. Did you have to take any classes in relation to
19 that, in connection with that certification?
20 A. No, I just had to have the credits.
21- O. And then you just applied for it?
22 A. Yes.
23 O. Any other certifications or degrees?
24 A. No.
25 O. Where did you obtain your bachelors?
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
t2
.J. ZARUG
l_ A. The Yeshiva University.
2 O. Is that also in the 1980s?
3 A. In the '70s.
4 O. Where was Yeshiva University located?
5 A. I went to the womanrs division. It was on 34th
6 Street, in Manhattan. I believe L977.
7 O. Are you currently employed?
8 A. No.
9 O. When was the last time that you were employed?
r_0 A. I was employed until 201,5.
11 O. By whom were you employed by?
L2 A. Yeshiva Headstart.
13 O. Where is Yeshiva Headstart located?
14 A. In Borough Park. 14th Avenue and 40th Street.
1_5 t4O2 4Oth Street.
I6 O. For how long were you employed by Yeshiva
L7 Headstart?
18 A. About 31 years.
1_9 O. What was your title?
20 A. Iwasateacher.
21" O. Any specific classes or grades?
22 A. The preschool. The Headstart. Four years o1d.
23 I was always a UPK teacher. The little ones, four years
24 old.
25 A. And is there a reason why you were no longer
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
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.J. ZARUG
L employed beyond 201-5?
2 A. Yes, they had consolidated the fulI day. They
3 made two half day Headstarts into one full-time.
4 O. So you were terminated?
5 A. Yes.
6 O. How do you currently support yourself?
7 A. On the pension and that's it.
8 a. Do you receive Social Security benefits?
9 A. Not yef .
L0 O. Did you work anlnarhere else af ter 20L5?
1_l_ A. No.
L2 O. Did you volunteer anywhere?
L3 A. No.
l4 O. So you weren't employed on the date of this
15 incident, correct?
t5 A. Correct.
T7 O. When did you start receiving your pension?
1_8 A. Pretty soon after. September, I guess. First I
1_9 was on unemployment for the year and then I got the
20 pension.
2I O. Did you ever apply for Workersr Comp benefits due
22 to any on-the-job accidents?
23 A. Not that I recall.
24 O. Do you currently have health insurance?
25 A. Yes, Medicaid.
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
L4
.J. ZARUG
L O. Do you have United Health Care?
2 A. Yes.
3 O. And that is Medicaid?
4 A. Yes, and I have the community plan.
5 O. Do you remember the date of your accident?
5 A. It was May 20, 20L7.
7 O. Do you remember the time?
8 A. Between 7230 and 20 to 8:00 in the morning.
9 O. Where did the accident occumed?
L0 A. It occurred on Ocean Parkway between Avenue W and
11- Gravesend Neck Road.
T2 O. Now I'm just going to ask you about that day
1_3 generally and then we will get to the actual accident.
t4 Okay?
1_5 A. Yes.
1,6 O. What time did you wake up that morning, if you
1,7 remember?
L8 A. Between a quarter to 7:OO and 7:00.
19 O. What did you do after You woke uP?
20 A. It was on a Saturday so I was on my way with my
2! husband to the slrnagogue. Irm a Sabbath observer. So, I
22 got dressed.
23 O. What time did you leave your home in order to go
24 to the synagogue?
25 A. About '7 230.
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
1_5
,J. ZARUG
1" O. Do you remember if you took the insulin injection
2 that morning?
3 A. No, because I donrt eat. I didn't eat breakfast.
4 I only that it before I eat.
5 O. Is there a reason that you didn't eat breakfast
6 that morning?
7 A. I don't eat until I come home from prayers.
I O. Are there any side effects if you dontt eat in
9 the morning or you don't receive your insulin injection in
10 the morning?
1_l_ A. No.
12 O. When you woke up that morning how did you feel?
13 A. Fine.
t4 O. Where is the s)rnagogue located that you intended
1_5 to go to?
t6 A. On Ocean Parkway between Avenue U and T.
1,7 O. Can you describe the route you intended to take
1_8 to get to the s)rnagogue that morning?
1,9 A. Yes, it's straight down Ocean Parkway.
20 O. Your building is it located on Ocean Parkway?
2T A. Yes.
22 O. Is it located on the same side as where the
23 accident occurred?
24 A. No, across the street.
25 a. After you exited your building, can you
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FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020
Preview
INDEX NO. 521110/2017 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM )o/7 _06244z NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 1 L SUPREME COURT OF THE STATE OF 1r:i:9:*', NEW YORK l;:,:: COI'NTY OF KINGS 2 ----x WDTTH ZARUG, 3 PI-,AINTIFF, 4 -against- Index No.: 5 s2Ltr}/20L7 6 TI{E CITY OF NEW YORK, 7 DEFENDANT. ----x I 9 DATE: ,JuIy 1, 20]-9 10 TIME: 1L:05 A.M. 11 1,2 E:GIVTINATION BEFORE TRIAL of Ihe Plaintiff , 13 ,JUDITH ZARUG, taken by the Defendant, pursuant to a Court 1,4 Order, held at the offices of the New York City Law 15 Department, One Pierrepont PJ-aza, Brooklyn, New York LI2OL, 1,6 before Gary Merola, a Notary Public of the State of New t7 York. 18 l9 20 21- 22 23 24 a? 25 DIAIVTOND REPORTING (All) eZq-3287 info@diamondreporting.com 1_ FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 2 1 A P P E A R A N C E S: 2 3 DAIIIELITA LEVI & ASSOCIATES, P.C. Att,orneys for the Plaintiff 4 .IUDITH ZARUG 159-L6 Union Turnpike, Suite 200 5 Fresh Meadows, New York 11355 BY: LISA M. MINIIIO, ESQ. 6 File #: L7DIJ0058 7 8 ZACHARY W. CARTER, ESQ. CORPORATION COUNSEIT 9 NEW YORK CITY IJ,AW DEPARTMENT Attorneys for the Defendant 10 THE CITY OF NEW YORK 100 Church Street L1 New York, New York 10007 BY: DMITRI SHTILGOIZ, ESQ. t2 File #: 201,7 -062652 Control #: L9-2202 13 L4 15 L6 * * * l7 18 L9 20 2L 22 23 24 25 DIAITIOND REPORTING (elll AZq-3287 info@diamondreporting.com 2 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 3 1 22L. I'NIFORM RT'I.ES FOR THE CONDUCT OF DEPOSITIONS 2 22L.L Objections at Depositione (a) Objectione in general. No objections shall be made at a 3 deposition except those which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 4 Ru1es, would be waived if not interposed, and except in compliance with subdivision (e) of such rule. All 5 objections made at a depositj-on shall be noted by the officer before whom the deposition is taken, and the answer 6 shaIl be given and the deposition shal1 proceed subject to the objections and to the right of a person to apply for 7 appropriate relief pursuant to Article 3L of the CPLR. (b) Speaking objectione reetricted. Every objection raised I during a deposition sha11 be stated succinctly and framed so as not to suggest an answer to the deponent and, at the 9 reguest of the questioning attorney, shall include a clear statement as to any defect in form or other basis of error 10 or irregularity. Except to the exEent permitted by CPLR Rule 31-15 or by this rule, during the course of the 1_1- examination persons in attendance shal1 not make statements or comments that interfere with the guestioning. I2 22L.2 Refugal to anewer when objection iE made. A deponent shall answer all questions at a deposition, except (i) to L3 preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, or l4 (iii) when the question is plainly improper and wouId, if answered, cause significant prejudice to any person. An 1-5 attorney shall not direct a deponent not to answer except as provided in CPLR Rule 311-5 or this subdivision. Any 1,5 refusal to answer or direction not to answer shalI be accompanied by a succj-nct and clear statement of the basis 1,7 therefor. If the deponent does not answer a question, the examj-ning party sha1l have the right to complete the t_8 remainder of the deposition. I9 20 2t 22 23 24 25 DIAMOND REPORT]NG (877) 624-3287 info@diamondreporting.com 3 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 4 1_ 22L. I'NIFORU RI'I,ES FOR THE COIIDUCT OF DEPOSITIONS 2 22L.3 Comunication 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 5 shall be stated for the record succinctly and clearly. 7 IT IS FURTHER STIPUI,ATED AI{D AGREED that Ihe 8 transcript may be signed before any Notary Public with the same force and effect as if signed before a clerk or a 9 .fudge of the court. L0 IT IS FURTHER STIPULATED AND AGREED thal Ihe 1- 1- examination before trial may be utilized for all purposes as provided by the CPLR. t2 13 rT TS FURTHER STIPULATED AND AGREED IhaT aII rights provided to all parties by the CPLR cannot be deemed L4 waived and the appropriate sections of the CPLR shall be controlling with respect hereto. 15 t6 IT IS FURTHER STTPULATED AltrD AGREED by and between the attorneys for the respective parties hereto 1-7 that a copy of t,his examination shall be furnished, without charge, to the attorneys representing the witness 1_8 testifying herein. 1,9 20 2t 22 23 24 25 DIzuVIOND REPORTING (e77) 624-3287 infoOdiamondreporting.com 4 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 5 .]. ZARUG 1 .J U D I T H Z A R U G, caIled as a witness, having been 2 first duly sworn by a Notary Public of the State of New 3 York, was examined and testified as follows: 4 E)(AI TNATTON BY 5 MR. SHTII,GOIZ: 6 O. P1ease state your name for the record. 7 A. ,fudith Zar:ug . 8 O. What is your address? 9 A. 2289 Ocean Parkway, Apartment 2-F, Brooklyn, New 10 York L]-223. 11 O. Good morning, ry name is Dmitri Shtilgoiz and I L2 represent the City of New York. f will be asking you a L3 series of guestions today regarding the incident which L4 brings us here today. 15 Now, during this deposition, please follow the L6 following instructions that I'm about to give. Please I7 provide all of your responses verbally. A nod or any form 18 of a head gesture will not suffice. L9 Pleaee wait for me to finish my question before 20 you begin t,o ansrwer. A lot of my guestj-ons you will know 2L exactly what I asking before f finish the question, but I 22 just ask that you wait for me to complete the fu1l sentence 23 because the court reporter can only take down one person 24 talking at a tj.me. 25 If you donrt underetand a quest,ion that I asked, DIAIIOND REPORTING (ell) AZ+-3287 infoodiamondreporting.com 5 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 6 ,J. ZARUG L please 1et me know and I will attempt to rephrase it. If 2 you answered my questj-on I will assume that you understood 3 ir. 4 Lastly, if you need to take a break for any 5 reason, you may do so. However, all I ask that you answer 5 any pending guestion before you leave the room. 7 Do you understand those instructions? I A. Yes. 9 O. Great. The address that you provided, 2289 Ocean 1-0 Parkway, apartment 2-F, how long have you resided there? 11 A. Eit,her f ive or six years. t2 a. And do you owrr that apartment or do you rent? L3 A. I rent. I4 O. Whom do you live with at that address? 1_5 A. My husband. t6 a. What is your husband's name? 1,7 A. Benj amin Zarug. 18 O. Does Benjamin have a middle name? 19 A. No. 20 O. fs Benjamin known by any other names? 2L A. No. 22 O. When were you married? 23 A. I was marri-ed in 1997. 24 O. Were you ever married before? 25 A. No. DIAMOND REPORTTNG (877) 624-3287 info@diamondreporting.com 6 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 7 ,I. ZARUG 1 a Do you live with anyone else? 2 A No. 3 o Do you have any children? 4 A No. 5 o Where did you live prior to the current address? 6 A It was on East 4th Street. I donrt remember. 7 a East 4th and what? I A It was East 4th between U and V. 2205 East 4th 9 Street. L0 O. How long did you reside there for? l_1 A. For about three, four years. Four years. 72 O. And where did you live before that? 1_3 A. 2]-39 East 7th Street. That's between T and U. L4 O. How long did you reside there? 15 A. Also for about four, five years. 1-5 O. 2205 East 4th Street, did you rent or own? 1,'7 A. I always rented. 1_8 a. Was there an apartment number associated wlth L9 that address? 20 A. No. 2t O. Do you have a middle name? 22 A. No. 23 O. Are you known by any other names? 24 A. lTudy. 25 a. And what was your maiden name? DIAMOND REPORTING (e77) 624-3287 infoodiamondreporting.com 7 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 I 'J. ZARUG 1 A. Schneider. 2 O. I'm going to ask you for your date of birth and 3 Social Security number. However, I'm going to ask the 4 court reporter to put the last four on each of the 5 transcript, but you can provide me with the entire number. 6 I-,etrs start with the date of birth. 7 A. 1955. I O. And Social Security? 9 A. 1-725. L0 O. Where were you born? LL A. In New York. t2 O. Have you ever been convicted of a crime? r-3 A. No. 1-4 a. What is your height? L5 A. Five-seven. 1,6 a. And your current weight? t7 A. 180. 18 O. Do you know what your weight was around the time 1-9 of the accident? 20 A. f think it was 1-60. 2L O. Is there a reason for the discrepancy in weight 22 from the date of the incident until today? 23 A. My weight goes up and down. It fluctuates. I'm 24 a diabetic so I don't know. 25 O. Do you believe that the weight gain was DIAIVIOND REPORTING (e77t 624-3287 info@diamondreporting.com I FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 9 .7. ZARUG 1 associated with the accident? 2 A. No. 3 a. Are you currently on any medication? 4 A. Yes, for diabetes. 5 a. What medication are you on? 5 A. If m on insulin basically. 7 a. When were you diagnosed with diabetes? I A. When I was 58. 9 O. Other than insulin, do you take any other form of 10 medication for diabetes? 1_1 A. For the diabetes, rro. f take, what is it, L2 thyroid, Biaxin something. What else, Soriatane. 13 Simvastatin. That's it. 1-4 a. And the most recent medications that you just 15 mentj-oned, those are all for your thyroid? t5 A. For the diabetes. 1,7 O. For the diabetes you just take insulin, correct? 1_8 A. The insulin and they told me to take this aIso. 1,9 When I went to the endocrinologist, he also prescribed 20 that, to take this with that. 21, a. But you don't have a thyroid condition because I 22 heard you mention thyroid? 23 A. Yeah, thyroid, Levothyroxine something. 24 O. Do you take any other form of medicat j-on? 25 A. No. DTAPIOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 10 'J. ZARUG 1 O. When is the last time that you took insulin? 2 A. This morning. 3 O. Are there any side effects when you take insulin? 4 A. No. 5 O. How often do you inject yourself? 6 A. Before I eat. I have to do it three times a day 7 before meals and something else before I go to sleep. They I keep on changing it, you know, because of the insurance. 9 They changed it. I don't even remember offhand the name. r.0 f have it written down, buE it is an injection at night and LL then three before I eat. T2 a. Were you also injecting yourself with insulin 13 three times a day around the tj-me of accident? L4 A. I believe so. 1-5 a. Have you had any alcohol in the last 24 hours? L6 A. No. l7 a. Have you consumed any form of iI1ega1 medication L8 in the last 24 hours? T9 A. No. 20 O. What is your highest leve1 of education? 2t A. I have a masterrs degree. 22 a. In what? 23 A. In education. 24 O. When did you obtain that masters in education? 25 A. In the 1980s. DIAIyIOND REPORTING (e77) 624-3287 info@diamondreporting.com L0 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 t_1 ,J. ZARUG L O. Where did you obtain that degree from? 2 A. My masters I got from Adelphi. 3 a. Where was Adelphi located around that time? 4 A. WeIl, their main campus is l-.,ong Is1and, but they 5 had a place, I think on 23rd Street in Manhattan. 6 O. And you went to the place on 23rd Street? 7 A. Yeah, either 23rd or 28th. I O. Other than the masters in education, do you have 9 any other degrees or certifications? 1_0 A. In my time you had to get a permanent 11 certification for each teaching. Now I think everything I2 changed. L3 O. When did you obtain Ehe permanent certification l4 in teaching? 15 A. Around that time. 1,6 O. And from where? L7 A. A1bany. It was part of the masters program. t_8 a. Did you have to take any classes in relation to 19 that, in connection with that certification? 20 A. No, I just had to have the credits. 21- O. And then you just applied for it? 22 A. Yes. 23 O. Any other certifications or degrees? 24 A. No. 25 O. Where did you obtain your bachelors? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 t2 .J. ZARUG l_ A. The Yeshiva University. 2 O. Is that also in the 1980s? 3 A. In the '70s. 4 O. Where was Yeshiva University located? 5 A. I went to the womanrs division. It was on 34th 6 Street, in Manhattan. I believe L977. 7 O. Are you currently employed? 8 A. No. 9 O. When was the last time that you were employed? r_0 A. I was employed until 201,5. 11 O. By whom were you employed by? L2 A. Yeshiva Headstart. 13 O. Where is Yeshiva Headstart located? 14 A. In Borough Park. 14th Avenue and 40th Street. 1_5 t4O2 4Oth Street. I6 O. For how long were you employed by Yeshiva L7 Headstart? 18 A. About 31 years. 1_9 O. What was your title? 20 A. Iwasateacher. 21" O. Any specific classes or grades? 22 A. The preschool. The Headstart. Four years o1d. 23 I was always a UPK teacher. The little ones, four years 24 old. 25 A. And is there a reason why you were no longer DIAMOND REPORTING (877) 524-3287 info@diamondreporting.com 1,2 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 13 .J. ZARUG L employed beyond 201-5? 2 A. Yes, they had consolidated the fulI day. They 3 made two half day Headstarts into one full-time. 4 O. So you were terminated? 5 A. Yes. 6 O. How do you currently support yourself? 7 A. On the pension and that's it. 8 a. Do you receive Social Security benefits? 9 A. Not yef . L0 O. Did you work anlnarhere else af ter 20L5? 1_l_ A. No. L2 O. Did you volunteer anywhere? L3 A. No. l4 O. So you weren't employed on the date of this 15 incident, correct? t5 A. Correct. T7 O. When did you start receiving your pension? 1_8 A. Pretty soon after. September, I guess. First I 1_9 was on unemployment for the year and then I got the 20 pension. 2I O. Did you ever apply for Workersr Comp benefits due 22 to any on-the-job accidents? 23 A. Not that I recall. 24 O. Do you currently have health insurance? 25 A. Yes, Medicaid. DIAMOND REPORTING (877) 624-3287 infoodiamondreporting.com 13 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 L4 .J. ZARUG L O. Do you have United Health Care? 2 A. Yes. 3 O. And that is Medicaid? 4 A. Yes, and I have the community plan. 5 O. Do you remember the date of your accident? 5 A. It was May 20, 20L7. 7 O. Do you remember the time? 8 A. Between 7230 and 20 to 8:00 in the morning. 9 O. Where did the accident occumed? L0 A. It occurred on Ocean Parkway between Avenue W and 11- Gravesend Neck Road. T2 O. Now I'm just going to ask you about that day 1_3 generally and then we will get to the actual accident. t4 Okay? 1_5 A. Yes. 1,6 O. What time did you wake up that morning, if you 1,7 remember? L8 A. Between a quarter to 7:OO and 7:00. 19 O. What did you do after You woke uP? 20 A. It was on a Saturday so I was on my way with my 2! husband to the slrnagogue. Irm a Sabbath observer. So, I 22 got dressed. 23 O. What time did you leave your home in order to go 24 to the synagogue? 25 A. About '7 230. DIAIvIOND REPORTING (e77) 624-3287 info@diamondreporting.com T4 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020 1_5 ,J. ZARUG 1" O. Do you remember if you took the insulin injection 2 that morning? 3 A. No, because I donrt eat. I didn't eat breakfast. 4 I only that it before I eat. 5 O. Is there a reason that you didn't eat breakfast 6 that morning? 7 A. I don't eat until I come home from prayers. I O. Are there any side effects if you dontt eat in 9 the morning or you don't receive your insulin injection in 10 the morning? 1_l_ A. No. 12 O. When you woke up that morning how did you feel? 13 A. Fine. t4 O. Where is the s)rnagogue located that you intended 1_5 to go to? t6 A. On Ocean Parkway between Avenue U and T. 1,7 O. Can you describe the route you intended to take 1_8 to get to the s)rnagogue that morning? 1,9 A. Yes, it's straight down Ocean Parkway. 20 O. Your building is it located on Ocean Parkway? 2T A. Yes. 22 O. Is it located on the same side as where the 23 accident occurred? 24 A. No, across the street. 25 a. After you exited your building, can you DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 15 FILED: KINGS COUNTY CLERK 09/01/2020 12:11 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/01/2020