Preview
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
EXHIBIT 8
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 1
July 18, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
- - - - - - - - - - - - - - - - - - - - - - - x
GLORIA DEL CARMEN CABRERA,
Plaintiff,
-against- INDEX NO: 611420/2021
PETSA LLC, PETCO HEALTH & WELLNESS COMPANY, INC.
AND STAPLES INC.
Defendants..
- - - - - - -- - - - - - - - ·- - - - - - - - - x
O ÎÊ Lexitas-LegalView
OrigitalSunipisBluel¼t
a TRANSCRIPT " Videoconference
¼rified & OnDemand
@LexitnsLegalcom
radbyfarbnoukessed
July 18, 2022
10:08 A.M.
EXAMINATION BEFORE TRIAL of GLORIA DEL
CARMEN CABRERA, the Plaintiff herein, beld via
videoconference at the above-mentioned time,
pursuant to Court Order, before Nicole M. Nestro,
a Notary Public in and for the State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
- ··· Page·2
July 18, 2022
A P P E A R A N C E 5:
2
ROBERT K. YOUNG & ASSOCIATES, P.C.
3 Attorneys for Plaintiff
2284 Ba.bylon Turnpike
4 Merrick, New York 11566
5
BY: MARK ALFISI, ESQ.
6 (VIA VIDEOCONFERENCE)
7
8
9 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
10 PETCO HEALTH & WELLNESS COMPANY, INC,
1377 Motor Parkway
. 11 Suite 400
Islandia, New York 11749
12
13 BY: KEVIN D. CLINTON, ESQ.
(VIA VIDEOCONFERENCE )-----.....--..-- ...-.
-------..- --.--- ------ - .
14
I
15
16
LITCHFIELD CAVO LLP
17 Attorneys for Defendant
PETSA LLC
18 420 Lexington Avenue
Suite 2104
19 New York, New York 10170
20
BY: SYED WARSI, ESQ.
21 (VIA VIDEOCONFERENCE)
FILE NO:
22
23
24
25
I ..
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 3
July 18, 2022
1 A P P E A R A N C E S:
2
3 PILLINGER MILLER TARALLO, LLP
4 Attorneys for Defendant
5 STAPLES INC.
555 Taxter Road
6 5th Floor
Elmsford, New York 10523
7
8 BY: JACKLYN M. MACIAS, ESQ.
(VIA VIDEOCONFERENCE)
9
10
11
12 A L S O P R E S E N T:
13 Dennis Vargas - Courtside Interpreters
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 4
July 18, 2022
1 ·B T I P U L A T I O N S
2
3 IT IS HEREBY STIPULATED AND AGREED by and
4 between (among) counsel for the respective parties
5 hereto that:
6
7 All rights provided by the C.P.L.R., including
8 the right to object to any question, except as to
9 form, or to move to strike any testimony at this
10 (these) examination(s), are reserved, and, in
11 addition, the failure to object to any question or
12 to move to strike any testimony at this (these)
13 examination(s) shall not be a bar or waiver to
14 make such motion at, and is reserved for the trial
15 of this action.
16
17 IT IS FURTHER STIPDLATED AND AGREED by and
18 between (among) counsel for the respective parties
19 hereto, that this (these) examination(s)
20 may be sworn to by the witness(es) being examined,
21 before a Notary Public other than the Notary
22 Public before whom this (these) examination(s) was
23 (were) begun; but the failure to do so or to
24 return the original of this (these) examination(s)
25 to counsel, shall not be deemed a waiver of the
. DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF
i
DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 5
July 18, 2022
1 rights provided by Rules -3116 and 3117 of the
2 C.P.L.R., and shall be controlled thereby;
3
4 IT IS FURTHER STIPULATED AND AGREED by and
5 between (among) counsel for the respective parties
6 hereto, that this (these) examination(s)
7 may be utilized for all purposes as provided by
8 the C.P.L.R.;
9
10 IT IS FURTHER STIPULATED AND AGREED by and
11 between (among) counsel for the respective parties
12 hereto, that the filing and certification of the
13 original of this (these) examination(s)
14 shall be and the same hereby are waived.
15
16 IT IS FURTHER STIPULATED AND AGREED by and
17 between (among) counsel for the respective. parties
18 hereto, that a copy of the within examination(s)
19 shall be furnished to counsel representing the
20 witness(es) testifying, without charge.
21
22 IT IS FURTHER STIPULATED AND AGREED
23 by and between (among) counsel for the respective
24 parties hereto, that all rights provided by the
. 25 C.P,L.R., and Part 221 of the Uniform Rules for
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
. Page -6
July 18, 2022
1 the Conduct of Depositions, including the·-right to
2 object to any question, except as to form, or to
3 move to strike any testimony at this examination
4 is reserved; and, in addition, the failure to
5 object to any question or to move to strike any
6 testimony at this examination shall not be a bar
7 or waiver to make such motion at, and is reserved
8 to, the trial of this action.
9
10 IT IS FURTHER STIPULATED AND AGREED
11 by and between counsel for all parties present
12 that pursuant to C.P.L.R. section 3113(d) this
13 deposition is to be conducted by videoconference,
14 that the court reporter, all counsel, and the
15 witness are all in separate remote locations and
16 participating via videoconference(LegalView/Zoom)
17 meeting under the control of Lexitas Court
18 Reporting Service, that the officer administering
19 the oath to the witness need not be in the place
20 of the deposition, and the witness shall be sworn
21 in remotely by the court reporter after confirming
the witness' that this
22 identity, videoconference
23 will not be recorded in any manner, and that any
24 recording without the express written consent of
25 all parties shall be considered unauthorized, in
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 7
July 18, 2022
1 violation of law, and shall not be used for any
2 purpose in this litigation or otherwise.
3
4 IT IS FURTHER STIPULATED that exhibits may be
5 marked by the attorney presenting the exhibit to
6 the witness, and that a copy of any exhibit
7 presented to a witness shall be emailed to or
8 otherwise in possession of all counsel prior to
9 any questioning of a witness regarding the exhibit
10 in question. All parties shall bear their own
11 costs in the conduct of this deposition by
12 videoconference, notwithstanding the obligation by
13 C.P.L.R. to supply a copy of the transcript to the
14 deposed party by the taking party in civil
15 litigation matters.
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
..
Page 8
July 18, 2022
1 G. CABRERA
2 D E N N I S V A R G A S,
3 The Interpreter herein, having first been duly
4 sworn by Nicole M. Nestro, a Notary Public in and
5 for the State of New York, to translate English to
6 Spanish and from Spanish to English, translated as
7 follows:
8 G L O R I A D E L C A R M E N C A B R E R Ar
9 The Witness herein, having first been duly
10 sworn through the interpreter was examined and
11 testified as follows:
12 EXAMINATION BY
13 MR. CLINTON:
14 Q. Please state your name for the record.
15 A. Gloria Del Carmen Cabrera.
16 Q. What is your address?
17 A. It is 15 Sixth Avenue, New Hyde Park, New
18 York 11040.
19 (Whereupon, photographs were marked
20 Defendant's Exhibits 4-10 for
21 identification, as of this date.)
22 Q. Good morning, Ms. Cabrera.
23 A. Good morning.
24 Q. My name is Kevin Clinton, and I represent
25 Petco in this lawsuit.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 9
July 18, 2022
)
-.. 1 G. CABRERA
2 A. Okay.
3 Q. I'm going to be asking you some questions
4 with respect to your accident. I just want to go
5 over some ground rules, the same way it went
6 during the first time you testified, okay?
7 A. Okay.
8 Q. All of your answers to my questions have to
9 be in words. I know that we're on a video
10 platform, but we do have a court reporter who is
11 taking down each and every word that is taking
12 place. So please give all of your answers to
.
13 everyone's questions in words.
14 A. Okay.
15 Q. To the best you can, please give all of your
16 answers in Spanish so that Mr. Vargas can
17 translate them from Spanish to English.
18 A. Okay.
19 Q. If you need me or any of the other attorneys
20 to rephrase a question, to slow down, to repeat a
21 question, please let us know before you give an
22 answer. If you give an answer to a question, we
23 have a right to assume you understood the
24 question.
25 A. That's fine.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 10
July 18, 2022
1 - - G. CABRERA
2 Q. You can obviously take a break at any time,
3 with the only exception being if any of the
4 questions are open to you, that we receive an
5 answer to that question and then you can take a
6 break. Do you understand that?
7 A. Yes.
8 Q. You're able to understand Mr. Vargas's
9 translations here so far?
10 A. Yes.
11 Q. The 15 Sixth Avenue address that you gave,
12 have you lived there continuously from the last
13 time you had the deposition up until now?
14 A. Yes.
15 Q. Have you continued to live on the second
16 floor from the time of your last deposition up
17 until now?
18 A. Yes.
19 Q. Has anyone else come to live with you since
20 the first deposition?
21 A. No, no one.
22 Q. Are there stairs for you to get up from the
23 ground floor to the second, floor?
24 A. Yes.
25 Q. How many steps?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 11
July 18, 2022
1 -G.- CABRERA
2 A. I have really not counted them.
3 Q. Have you had any difficulty in going up or
4 down those steps as a result of the accident?
5 A. Yes, at the beginning I did.
6 Q. What difficulty did you encounter when you
7 say, "at the beginning"?
8 A. My foot hurt a lot for me going up.
9 Q. Which foot is that?
10 A. The right.
11 Q. Was there ever a time where you were not
12 able to go completely from the first floor to the
13 second floor as a result of the accident?
14 A. Yes.
15 Q. What period of time was that?
16 A. The most difficult time was after my
17 surgery.
18 Q. How many times were you not able to go from
19 the first floor to the second floor as a result of
20 the accident?
21 A. I don't remember how many times.
22 Q. Nas it more than once?
23 A. Yes.
24 Q. Was it more than five times?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 12
July 18, 2022
1 G. CABRERA
2 Q. Was it between five and ten times that you
3 were not able to get to the second floor?
4 A. Yes.
5 Q. During those times that you were not able to
6 get to the second floor, what did you do? Did you
7 stay an the first floor with the people who live
8 there, something else?
9 A. I would either stay there, or I would ask
10 for help from someone who lived there to get me
11 out.
12 Q. The times that you would ask for help, what
13 specifically did they do in order to help you?
14 A. Hold me and bring me up by the waist and
15 also by my hand to be able to help me.
16 Q. On those occasions where you were helped,
17 how many people would help you?
18 A. It would either be one of my uncles or my
19 cousin.
20 Q. You mentioned earlier that this was after
21 your surgery, is that right?
22 A. Yes, that was the most difficult.
23 Q. For how long after the surgery did you have
24 difficulty in climbing up the stairs?
25 A. For 15 days.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 13
July 18, 2022
1 G. CABRERA
2 Q. other than that 15 day period, have you ever
3 had any other period of time that you had
4 difficulty going up the stairs as a result of this
5 accident?
Excuse'
6 A. me?
7 Q. Other than the 15 days you just told me
8 after the surgery where you had difficulty going
9 up the stairs, has there been any other period of
10 time where you had difficulty going up the stairs
11 as a result of the accident that we're here to
12 -discuss?
13 A. Yes.
14 Q. What was that period of time?
15 A. I don't really remember, but I would say the
16 day after the accident, it was difficult.
17 Q. Since the last deposition session, have you
18 had any employment?
19 A. No.
20 Q. Would it be fair to say you have not had any
21 employment since the accident?
.
22 A. No, no others except for the restaurant that
23 I spoke about.
24 Q. Sendero?
25 A. I had been mistaken about the name
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 14
July 18, 2022
1 G. CABRERA
2 previously. That was the old name of the
3 restaurant. It's current name is Tres Diamantes.
4 Q. That's also located in Freeport?
5 A. Yes.
6 Q. Since the last deposition session, have you
7 continued to work three days per week on the night
8 shift there?
9 A. Yes.
10 Q. Has your hourly rate remained the same?
11 A. Yes.
12 Q. Since the last deposition session, are you
13 also continuing to clean houses?
14 A. No.
15 Q. When did that stop?
16 A. That stopped since about June.
17 Q. Why did that stop?
18 A. Because I wasn't able to work the same way.
19 Q. Can you explain why you were not able to
20 work the same way?
21 A. My shoulder was hurting a lot, and I wasn't
22 able to walk well.
23 Q. Was there anything specific to cleaning
24 house that would make your shoulder feel worse or
25 make you have difficulty in walking?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 15
July 18, 2022
1 G. CABRERA
2 A. What was that?
3 Q. Was there anything that you were doing with
4 respect to cleaning house that made your shoulder
5 feel worse or made you unable to walk?
6 A. It's just because I couldn't keep going
7 because of the difficulty in movement, so I just
8 couldn't go.
9 Q, Have you missed any time from work at the
10 restaurant since we had the last deposition
11 session? And when I "missed time from work,"
say,
12 due to injuries and pain you sustained in this
13 accident?
14 A. Yes.
. 15 Q. How much time have you missed?
16 A. I don't remember exactly.
17 MR. CLINTON: I just want to make a
18 demand on the record for an updated
19 authorization for the employer of Tres
20 Diamantes, specifically with respect to
21 employment records, and we'll follow that up
22 in writing.
23 MS. MACIAS: Staples joins.
24 MR. ALFISI: Thanks.
25 Q. Have you had any other employment, other
DEITE Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022
Page 16
July 18, 2022
1- G. CABRERA
2 than the restaurant, since the time of the last
3 deposition session?
4 A. No.
5 Q. Have any of your doctors that you treated
6 with ever told you that you were unable to work?
7 A. Yes, at the beginning they did.
8 Q. Which doctors were those?
9 A. The one for my foot, and the one for my
10 shoulder.
11 Q. Since the beginning, have either of those
12 doctors told you that you can now resume work?
13 A. Yes, I can, as long as I do things that
14 aren't -- how do you --
say
15 MR. CLINTON: Mr. Vargas, is t
Preview
FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 EXHIBIT 8 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 1 July 18, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - - - - - - - - - - - - - - - - - - - - - - - x GLORIA DEL CARMEN CABRERA, Plaintiff, -against- INDEX NO: 611420/2021 PETSA LLC, PETCO HEALTH & WELLNESS COMPANY, INC. AND STAPLES INC. Defendants.. - - - - - - -- - - - - - - - ·- - - - - - - - - x O ÎÊ Lexitas-LegalView OrigitalSunipisBluel¼t a TRANSCRIPT " Videoconference ¼rified & OnDemand @LexitnsLegalcom radbyfarbnoukessed July 18, 2022 10:08 A.M. EXAMINATION BEFORE TRIAL of GLORIA DEL CARMEN CABRERA, the Plaintiff herein, beld via videoconference at the above-mentioned time, pursuant to Court Order, before Nicole M. Nestro, a Notary Public in and for the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 - ··· Page·2 July 18, 2022 A P P E A R A N C E 5: 2 ROBERT K. YOUNG & ASSOCIATES, P.C. 3 Attorneys for Plaintiff 2284 Ba.bylon Turnpike 4 Merrick, New York 11566 5 BY: MARK ALFISI, ESQ. 6 (VIA VIDEOCONFERENCE) 7 8 9 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant 10 PETCO HEALTH & WELLNESS COMPANY, INC, 1377 Motor Parkway . 11 Suite 400 Islandia, New York 11749 12 13 BY: KEVIN D. CLINTON, ESQ. (VIA VIDEOCONFERENCE )-----.....--..-- ...-. -------..- --.--- ------ - . 14 I 15 16 LITCHFIELD CAVO LLP 17 Attorneys for Defendant PETSA LLC 18 420 Lexington Avenue Suite 2104 19 New York, New York 10170 20 BY: SYED WARSI, ESQ. 21 (VIA VIDEOCONFERENCE) FILE NO: 22 23 24 25 I .. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 3 July 18, 2022 1 A P P E A R A N C E S: 2 3 PILLINGER MILLER TARALLO, LLP 4 Attorneys for Defendant 5 STAPLES INC. 555 Taxter Road 6 5th Floor Elmsford, New York 10523 7 8 BY: JACKLYN M. MACIAS, ESQ. (VIA VIDEOCONFERENCE) 9 10 11 12 A L S O P R E S E N T: 13 Dennis Vargas - Courtside Interpreters 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 4 July 18, 2022 1 ·B T I P U L A T I O N S 2 3 IT IS HEREBY STIPULATED AND AGREED by and 4 between (among) counsel for the respective parties 5 hereto that: 6 7 All rights provided by the C.P.L.R., including 8 the right to object to any question, except as to 9 form, or to move to strike any testimony at this 10 (these) examination(s), are reserved, and, in 11 addition, the failure to object to any question or 12 to move to strike any testimony at this (these) 13 examination(s) shall not be a bar or waiver to 14 make such motion at, and is reserved for the trial 15 of this action. 16 17 IT IS FURTHER STIPDLATED AND AGREED by and 18 between (among) counsel for the respective parties 19 hereto, that this (these) examination(s) 20 may be sworn to by the witness(es) being examined, 21 before a Notary Public other than the Notary 22 Public before whom this (these) examination(s) was 23 (were) begun; but the failure to do so or to 24 return the original of this (these) examination(s) 25 to counsel, shall not be deemed a waiver of the . DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF i DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 5 July 18, 2022 1 rights provided by Rules -3116 and 3117 of the 2 C.P.L.R., and shall be controlled thereby; 3 4 IT IS FURTHER STIPULATED AND AGREED by and 5 between (among) counsel for the respective parties 6 hereto, that this (these) examination(s) 7 may be utilized for all purposes as provided by 8 the C.P.L.R.; 9 10 IT IS FURTHER STIPULATED AND AGREED by and 11 between (among) counsel for the respective parties 12 hereto, that the filing and certification of the 13 original of this (these) examination(s) 14 shall be and the same hereby are waived. 15 16 IT IS FURTHER STIPULATED AND AGREED by and 17 between (among) counsel for the respective. parties 18 hereto, that a copy of the within examination(s) 19 shall be furnished to counsel representing the 20 witness(es) testifying, without charge. 21 22 IT IS FURTHER STIPULATED AND AGREED 23 by and between (among) counsel for the respective 24 parties hereto, that all rights provided by the . 25 C.P,L.R., and Part 221 of the Uniform Rules for DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 . Page -6 July 18, 2022 1 the Conduct of Depositions, including the·-right to 2 object to any question, except as to form, or to 3 move to strike any testimony at this examination 4 is reserved; and, in addition, the failure to 5 object to any question or to move to strike any 6 testimony at this examination shall not be a bar 7 or waiver to make such motion at, and is reserved 8 to, the trial of this action. 9 10 IT IS FURTHER STIPULATED AND AGREED 11 by and between counsel for all parties present 12 that pursuant to C.P.L.R. section 3113(d) this 13 deposition is to be conducted by videoconference, 14 that the court reporter, all counsel, and the 15 witness are all in separate remote locations and 16 participating via videoconference(LegalView/Zoom) 17 meeting under the control of Lexitas Court 18 Reporting Service, that the officer administering 19 the oath to the witness need not be in the place 20 of the deposition, and the witness shall be sworn 21 in remotely by the court reporter after confirming the witness' that this 22 identity, videoconference 23 will not be recorded in any manner, and that any 24 recording without the express written consent of 25 all parties shall be considered unauthorized, in DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 7 July 18, 2022 1 violation of law, and shall not be used for any 2 purpose in this litigation or otherwise. 3 4 IT IS FURTHER STIPULATED that exhibits may be 5 marked by the attorney presenting the exhibit to 6 the witness, and that a copy of any exhibit 7 presented to a witness shall be emailed to or 8 otherwise in possession of all counsel prior to 9 any questioning of a witness regarding the exhibit 10 in question. All parties shall bear their own 11 costs in the conduct of this deposition by 12 videoconference, notwithstanding the obligation by 13 C.P.L.R. to supply a copy of the transcript to the 14 deposed party by the taking party in civil 15 litigation matters. 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 .. Page 8 July 18, 2022 1 G. CABRERA 2 D E N N I S V A R G A S, 3 The Interpreter herein, having first been duly 4 sworn by Nicole M. Nestro, a Notary Public in and 5 for the State of New York, to translate English to 6 Spanish and from Spanish to English, translated as 7 follows: 8 G L O R I A D E L C A R M E N C A B R E R Ar 9 The Witness herein, having first been duly 10 sworn through the interpreter was examined and 11 testified as follows: 12 EXAMINATION BY 13 MR. CLINTON: 14 Q. Please state your name for the record. 15 A. Gloria Del Carmen Cabrera. 16 Q. What is your address? 17 A. It is 15 Sixth Avenue, New Hyde Park, New 18 York 11040. 19 (Whereupon, photographs were marked 20 Defendant's Exhibits 4-10 for 21 identification, as of this date.) 22 Q. Good morning, Ms. Cabrera. 23 A. Good morning. 24 Q. My name is Kevin Clinton, and I represent 25 Petco in this lawsuit. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 9 July 18, 2022 ) -.. 1 G. CABRERA 2 A. Okay. 3 Q. I'm going to be asking you some questions 4 with respect to your accident. I just want to go 5 over some ground rules, the same way it went 6 during the first time you testified, okay? 7 A. Okay. 8 Q. All of your answers to my questions have to 9 be in words. I know that we're on a video 10 platform, but we do have a court reporter who is 11 taking down each and every word that is taking 12 place. So please give all of your answers to . 13 everyone's questions in words. 14 A. Okay. 15 Q. To the best you can, please give all of your 16 answers in Spanish so that Mr. Vargas can 17 translate them from Spanish to English. 18 A. Okay. 19 Q. If you need me or any of the other attorneys 20 to rephrase a question, to slow down, to repeat a 21 question, please let us know before you give an 22 answer. If you give an answer to a question, we 23 have a right to assume you understood the 24 question. 25 A. That's fine. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 10 July 18, 2022 1 - - G. CABRERA 2 Q. You can obviously take a break at any time, 3 with the only exception being if any of the 4 questions are open to you, that we receive an 5 answer to that question and then you can take a 6 break. Do you understand that? 7 A. Yes. 8 Q. You're able to understand Mr. Vargas's 9 translations here so far? 10 A. Yes. 11 Q. The 15 Sixth Avenue address that you gave, 12 have you lived there continuously from the last 13 time you had the deposition up until now? 14 A. Yes. 15 Q. Have you continued to live on the second 16 floor from the time of your last deposition up 17 until now? 18 A. Yes. 19 Q. Has anyone else come to live with you since 20 the first deposition? 21 A. No, no one. 22 Q. Are there stairs for you to get up from the 23 ground floor to the second, floor? 24 A. Yes. 25 Q. How many steps? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 11 July 18, 2022 1 -G.- CABRERA 2 A. I have really not counted them. 3 Q. Have you had any difficulty in going up or 4 down those steps as a result of the accident? 5 A. Yes, at the beginning I did. 6 Q. What difficulty did you encounter when you 7 say, "at the beginning"? 8 A. My foot hurt a lot for me going up. 9 Q. Which foot is that? 10 A. The right. 11 Q. Was there ever a time where you were not 12 able to go completely from the first floor to the 13 second floor as a result of the accident? 14 A. Yes. 15 Q. What period of time was that? 16 A. The most difficult time was after my 17 surgery. 18 Q. How many times were you not able to go from 19 the first floor to the second floor as a result of 20 the accident? 21 A. I don't remember how many times. 22 Q. Nas it more than once? 23 A. Yes. 24 Q. Was it more than five times? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 12 July 18, 2022 1 G. CABRERA 2 Q. Was it between five and ten times that you 3 were not able to get to the second floor? 4 A. Yes. 5 Q. During those times that you were not able to 6 get to the second floor, what did you do? Did you 7 stay an the first floor with the people who live 8 there, something else? 9 A. I would either stay there, or I would ask 10 for help from someone who lived there to get me 11 out. 12 Q. The times that you would ask for help, what 13 specifically did they do in order to help you? 14 A. Hold me and bring me up by the waist and 15 also by my hand to be able to help me. 16 Q. On those occasions where you were helped, 17 how many people would help you? 18 A. It would either be one of my uncles or my 19 cousin. 20 Q. You mentioned earlier that this was after 21 your surgery, is that right? 22 A. Yes, that was the most difficult. 23 Q. For how long after the surgery did you have 24 difficulty in climbing up the stairs? 25 A. For 15 days. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 13 July 18, 2022 1 G. CABRERA 2 Q. other than that 15 day period, have you ever 3 had any other period of time that you had 4 difficulty going up the stairs as a result of this 5 accident? Excuse' 6 A. me? 7 Q. Other than the 15 days you just told me 8 after the surgery where you had difficulty going 9 up the stairs, has there been any other period of 10 time where you had difficulty going up the stairs 11 as a result of the accident that we're here to 12 -discuss? 13 A. Yes. 14 Q. What was that period of time? 15 A. I don't really remember, but I would say the 16 day after the accident, it was difficult. 17 Q. Since the last deposition session, have you 18 had any employment? 19 A. No. 20 Q. Would it be fair to say you have not had any 21 employment since the accident? . 22 A. No, no others except for the restaurant that 23 I spoke about. 24 Q. Sendero? 25 A. I had been mistaken about the name DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 14 July 18, 2022 1 G. CABRERA 2 previously. That was the old name of the 3 restaurant. It's current name is Tres Diamantes. 4 Q. That's also located in Freeport? 5 A. Yes. 6 Q. Since the last deposition session, have you 7 continued to work three days per week on the night 8 shift there? 9 A. Yes. 10 Q. Has your hourly rate remained the same? 11 A. Yes. 12 Q. Since the last deposition session, are you 13 also continuing to clean houses? 14 A. No. 15 Q. When did that stop? 16 A. That stopped since about June. 17 Q. Why did that stop? 18 A. Because I wasn't able to work the same way. 19 Q. Can you explain why you were not able to 20 work the same way? 21 A. My shoulder was hurting a lot, and I wasn't 22 able to walk well. 23 Q. Was there anything specific to cleaning 24 house that would make your shoulder feel worse or 25 make you have difficulty in walking? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 15 July 18, 2022 1 G. CABRERA 2 A. What was that? 3 Q. Was there anything that you were doing with 4 respect to cleaning house that made your shoulder 5 feel worse or made you unable to walk? 6 A. It's just because I couldn't keep going 7 because of the difficulty in movement, so I just 8 couldn't go. 9 Q, Have you missed any time from work at the 10 restaurant since we had the last deposition 11 session? And when I "missed time from work," say, 12 due to injuries and pain you sustained in this 13 accident? 14 A. Yes. . 15 Q. How much time have you missed? 16 A. I don't remember exactly. 17 MR. CLINTON: I just want to make a 18 demand on the record for an updated 19 authorization for the employer of Tres 20 Diamantes, specifically with respect to 21 employment records, and we'll follow that up 22 in writing. 23 MS. MACIAS: Staples joins. 24 MR. ALFISI: Thanks. 25 Q. Have you had any other employment, other DEITE Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 12/16/2022 12:05 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/16/2022 Page 16 July 18, 2022 1- G. CABRERA 2 than the restaurant, since the time of the last 3 deposition session? 4 A. No. 5 Q. Have any of your doctors that you treated 6 with ever told you that you were unable to work? 7 A. Yes, at the beginning they did. 8 Q. Which doctors were those? 9 A. The one for my foot, and the one for my 10 shoulder. 11 Q. Since the beginning, have either of those 12 doctors told you that you can now resume work? 13 A. Yes, I can, as long as I do things that 14 aren't -- how do you -- say 15 MR. CLINTON: Mr. Vargas, is t