On September 10, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Avis Budget Group, Inc.,
Avis Rent A Car System, Llc,
and
Advantage Med Innovations, Inc.,
Agyal Physical Therapy, Pllc,
Alford A. Smith M.D., P.C.,
Ambulatory Surgical Center Of Englewood, Llc,
Asce Anesthesia Pc,
Atlas Pt, P.C.,
Best Hands-On Physical Therapy, P.C.,
Comprehensive Psychological Evaluation, P.C.,
Cvs Rx, Inc.
D B A Express Pharmacy,
Damadian Mri In Canarsie, P.C.,
Diana Beynin, D.C.,
Dos Manos Chiropractic P.C.,
Englewood Orthopedics Group Pc,
Englinton Medical, P.C.,
Ez Triboro Services, Inc.,
Hamid Lalani, M.D.,
Jules F. Parisien, M.D.,
Lenco Diagnostic Laboratories, Inc.,
Lpm Pharmacy Inc,
Marie Desrosiers
A K A Merie Desrosiers,
Metro Pain Specialists Professional Corporation,
Mitherline Pericles,
M & M Supplies Group Inc,
Modern Rx Inc,
Molnar Medical Services Pc,
Mount Sinai Beth Israel,
Orthocare Tech Inc,
Protechmed Inc,
Qixia Acupuncture P.C.,
Sherman-Abrams Laboratory, Inc.,
Shiqing Lian,
Speedy Recovery Equipment And Supplies Inc,
Sp One Services, Inc.,
Spruce Medical & Diagnostic, P.C.,
Tony Beauvis,
Unicast, Inc.,
Wellness Physical Therapy Rehabilitation P.L.L.C.,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
"HH"
EXHIBIT
FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
- - - - - - - - - - - - x
In the Matter of the
Examination Under Oath of
MITHERLINE PERICLES
Pursuant to Avis Budget Group Inc. with respect to
claim for loss occurring on January 17, 2019.
Insured: Marie DeSrosiers
Claimant: Mitherline Pericles
Claim No.: 198003738
Date of Loss: January 17, 2019
File No: EUO31-5002B
- - x
EXAMINATION UNDER OATH of MITHERLINE
PERICLES, held at the offices of American
Stenographic, LLC, 50 Court Street, Suite 706,
Brooklyn, New York 11201, on May 9, 2019, at 1:41
p.m., before a Notary Public of the State of New
York.
*********************************************
AMERICAN STENOGRAPHIC, LLC
89-00 Sutphin Boulevard
Suite 305
Jamaica, NY 11435
Ph-718-291-6600
Fax-718-291-6603
855-US-STENO
LE
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Reporting Lexitas Company
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1
2 A P P E A R A N C E S:
3 IKHILOV & ASSOCIATES
Attorney For Claimant
4 2357 Coney Island Avenue
Brooklyn, New York 11223
5
BY: MILENA HANUKOV, ESQ., of Counsel
6
7
8 HOLLANDER LEGAL GROUP, P.C.
Attorney For Avis Budget Group Inc.
9 105 Maxess Road, Suite S128
Melville, New York 11747
10
BY: JOHNATHAN DRAPAN, ESQ.
11
FILE # EUO31-5002B
12
13
14 ALSO PRESENT:
15 Waterloo Paul - Creole Interpreter
16
17
18
19
20
21
22
23
24
25
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American Stenographic Court - A
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1
2 W A T E R L O O P A U L, called as the
3 interpreter in this matter, was duly sworn by a
4 Notary Public of the State of New York to
5 accurately and faithfully translate the questions
6 propounded to the witness from English into Creole
7 and the answers given by the witness from Creole
8 into English.
9 -o00-
10 M I T H E R L I N E P E R I C L E S, the witness
11 herein, having been first duly sworn by a Notary
12 Public of the State of New York, was examined and
13 testified through the interpreter as follows:
14 EXAMINATION BY
15 MR. DRAPAN:
16 Q. State your name for the record, please.
17 A. Mitherline Pericles.
18 Q. State your address for the record, please.
19 A. 1298 East 37th Street, Brooklyn, New York
20 11210.
21 MR. DRAPAN: Can you mark this
22 (handing)?·
23 (Whereupon, Driver's License was
24 marked as Exhibit A, for identification, as
25 of this date.)
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1 M. PERICLES
2 Q. Hello. My name is Johnathan Drapan, and
3 I'm an attorney at Hollander Legal Group. We
4 represent Avis.
5 A. Okay.
6 MR. DRAPAN: Do we need it?
7 MS. HANUKOV: I'm thinking no. I
8 think you should start without him because
9 I was able to speak to her alone.
10 MR. DRAPAN: Okay. So let's try
11 it.
12 MS. HANUKOV: Yes. Just give it a
13 few minutes.
14 Q. I'm going to ask you a series of questions
15 regarding a motor vehicle accident that you were
16 involved on January 17th, 2019.
17 A. Okay.
18 Q. If you don't understand a question, it's
right don't know"
19 all to say "I and I'll rephrase
20 it.
21 If you want to take a break, we can take a
22 break. I just ask that you finish answering the
23 pending question. Okay?
24 A. Okay.
25 Q. All right.
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May 9, 2019
1 M. PERICLES
2 Can you please state your name for the
3 record?
4 A. Mitherline Pericles.
5 Q. And you live at 1298 East 37th Street,
6 Brooklyn, New York 11210?
7 A. Yes.
8 MS. HANUKOV: Mitherline provided
9 us with a New York State driver's license,
10 which has been marked as Exhibit A.
11 Q. What's your date of birth?
12 A. XX/XX/1984.
13 MS. HANUKOV: Just the year on the
14 record, please. Thank you.
15 Q. Where were you born?
16 A. In Haiti.
17 Q. How long have you lived in the United
18 States?
19 A. Since 2007. I'm not sure.
20 Q. Around 2007?
21 A. Yeah, sometime there.
22 Q. Are you a United States citizen?
23 MS. HANUKOV: Objection. Don't
24 answer that.
25 Q. Do you have a Green Card?
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1 M. PERICLES
2 MS. HANUKOV: Objection. Don't
3 answer that.
4 Q. Do you have a Social Security number?
5 A. Yes.
6 Q. Can you provide us the last four, please?
7 A. 2560.
8 Q. Do you speak any other languages besides
9 English?
10 A. Yes.
11 Q. What?
12 A. French and Creole.
13 Q. What's your highest level of education?
14 A. High school.
15 Q. High school? You've completed it?
16 A. Yes.
17 Q. The address you provided us with at 1298
18 East 37th Street, you live there currently?
19 A. Yes.
20 Q. Do you live with anyone?
21 A. Yes.
22 Q. Who?
23 A. Family member.
24 Q. Who?
25 A. My cousin.
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1 M. PERICLES
2 Q. What's your cousin's name?
3 A. Edouard.
4 Q. How do you spell that?
5 A. Oh, I don't know.
6 Q. Edouard?
7 THE INTERPRETER: The interpreter
8 spell it?
9 MR. DRAPAN: Yes. Sure.
10 THE INTERPRETER: E-D-O-U-A-R-D.
11 THE WITNESS: Oh, thanks.
12 Q. What's his last name?
13 A. Pericles.
14 Q. How is he related to you?
15 A. Third cousin. Really, we all family here
16 from Haiti.
17 Q. Do you know how old Edouard is?
18 A. He's 25.
19 Q. Does anyone else live at that address?
20 A. No.
21 Q. Just you two?
22 A. Yes.
23 Q. Okay. What type of home is 1298 East 37th
24 Street?
25 A. Private house. But I live in an apartment
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May 9, 2019
1 M. PERICLES
2 in that house.
3 Q. It's a house but you guys live in the
4 apartment there?
5 A. Yeah.
6 Q. First floor or second floor?
7 A. First.
8 Q. Do you guys own or pay rent?
9 A. Rent.
10 Q. How much a month?
11 A. 13.
12 Q. Hundred?
13 A. Yes.
14 Q. How do you pay it?
15 A. My cousin pay half, my father helps me out
16 right now.
17 Q. You pay cash?
18 A. Yes.
19 Q. How long have you lived at that address?
20 A. Four, five years. I'm not sure.
21 Q. Prior to living at that address, where did
22 you live?
23 A. Long Island.
24 Q. Do you know what the address is?
25 A. 12 Dell Avenue, Hempstead, New York.
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1 M. PERICLES
2 Q. What is it?
3 A. Hempstead. 12 Dell Avenue.
4 Q. 12 Dell?
5 A. Yeah. Hempstead.
6 Q. Thank you.
7 Are you currently employed?
8 A. No. Well, I am, but I am not working right
9 now.
10 Q. Okay. Where do you work?
11 A. In the city. 33 Prime Steak.
12 Q. What is it?
13 A. 33 Prime Steak.
14 Q. 33 --
15 A. Prime Steakhouse.
16 Q. What do you do there?
17 A. Waitress.
18 Q. How long have you worked there?
19 A. At least four years.
20 Q. Do you know if you work full-time?
21 Part-time?
22 A. Full-time.
23 Q. Do you know how many hours a week?
24 A. No, because some weeks are different.
25 Q. It varies?
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1 M. PERICLES
2 A. Yeah.
3 Q. Okay. Is it around more than 30 a week?
4 A. Yeah.
5 Q. Do you get paid by salary or by the hour?
6 A. What's the difference? I'm not sure.
7 Q. Salary would be like they give you 100,000
8 a year. By the hour, they pay you $20 per hour.
9 MS. HANUKOV: If you know.
10 A. No, I'm not sure. So I don't want to
11 answer that.
12 Q. Do you know how much you make around per
13 week?
14 A. Hold on.
15 THE INTERPRETER: "I do not know
16 because we do get tips also."
17 A. Okay. So it comes from commission. So I'm
18 not sure exactly what to tell you.
19 Q. Without the tips, your paycheck, what does
20 it normally range?
21)
A. About 300, 400.
22 Q. A week or two weeks?
23 A. No, a week.
24 Q. 300 to 400 a week?
25 A. Yeah, before tax.
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May 9, 2019
1 M. PERICLES
2 Q. And you get tips depending on the week.
3 Do you receive any benefits from Prime
4 Steakhouse?
5 A. No .
6 Q. And where is Prime Steakhouse located?
7 A. It's on 61st between First and Second
8 Avenue. It's East 60s.
9 Q. Between First and Second Avenue?
10 A. Yeah. And they also have another name,
11 Sapphire.
12 Q. What's that?
13 A. But the common name for it is Sapphire, the
14 place, so.
15 Q. Okay. Do you work five days a week there?
16 A. Sometimes.
17 Q. Can you estimate, how often do you work?
18 A. Some weeks is two days. Some weeks five.
19 Some weeks three. Based on the schedule, so.
20 Q. So you are a part-time employee then,
21 maybe?
22 A. I mean, I'm not sure.
23 Q. It's all right to say you are not sure.
24 A. Yeah, I'm not sure exactly.
25 Q. So you are not sure if you are part-time or
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May 9, 2019
1 M. PERICLES
2 full-time?
3 A. Yeah.
4 Q. As a result of the -- were you employed by
5 Sapphire on January 17th?
6 A. Yes.
7 Q. Were you employed by anyone else or just
8 there?
9 A. No, just there.
10 Q. And did you lose any time from work as a
11 result of that accident?
12 A. Yes.
13 Q. How much time?
14 A. Over a month or two because I have not been
15 working since.
16 Q. So you are continuing not to work?
17 A. Yeah, because I have to stand all night.
18 Q. So when was the last day you worked?
19 A. I'm not sure. I don't remember.
20 Q. Was it a week before the accident?
21 A. Oh, you mean before the accident?
22 Q. Yes.
23 A. Like, the day before.
24 Q. The day before that?
25 A. Yeah.
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1 M. PERICLES
2 Q. That was the last day you worked?
3 A. Yeah.
4 Q. So you lost income too as a result of the
5 accident --
6 A. Yes.
7 Q. -- correct?
8 A. Yes.
9 Q. Now, you may not know this. Are you making
10 a claim for lost wages as a result of the accident?
11 A. Yes.
12 Q. Your New York State driver's license that
13 you provided us with, has it ever been suspended at
14 any point?
15 A. Not that I'm aware of, no.
16 Q. Any restrictions such as wearing
17 eyeglasses?
18 A. No.
19 Q. Prior to the accident on January 17th, have
20. you ever been involved in any other motor vehicle
21 accidents?
22. A. Not -- no.
23 Q. No other accidents?
24 A. No.
25 Q. Were you involved in an accident in 2018
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May 9, 2019
1 M. PERICLES
2 with a U-Haul truck?
3 A. Oh, yeah. I forgot about that. Sorry.
4 Q. Okay. Who was the accident with? Who was
5 driving?
6 A. Marie.
7 Q. So Marie was driving the U-Haul?
8 A. Yes.
9 Q. Where were you guys heading to?
10 A. Downtown.
11 Q. For what?
12 A. Oh, I have to explain it to you?
13 Oh, she have a store. So she had to
14 transfer stuff from one place to another.
15 Q. So you were moving stuff from one store to
16 another?
17 A. Yeah.
18 Q. Do you know what her store is called?
19 A. Loo Den (phonetic). So I don't know at
20 that time.
21 Q. Loo Den?
22 A. Yeah. It was a beauty shop she had at that
23 time.
24 Q. Where were you were moving her stuff to?
25 A. I didn't know the other location.
__
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1 M. PERICLES
2 Q. Okay. Was it a storage unit or another
3 store?
4 A. She had things to move from the storage to
5 someplace else, so I was just helping. So I didn't
6 really know all of the details about that.
7 Q. Okay. Do you know when this accident
8 occurred in 2018?
9 A. It was at night. It was raining and
10 someone just went into her.
11 Q. Do you know what month?
12 A. I don't remember.
13 Q. Can you explain how the accident occurred?
14 Did you see it?
15 A. I was in the car so, yeah. We were just
16 straight I guess --
driving and,
17 Q. You were driving straight on what road?
18 A. Downtown. Yeah, on Flatbush. Yeah,
19 Flatbush. So on the -- it Was the wet road. It
20 was very slippery. So the other car just ran into
21 us and just didn't stop, yeah.
22 Q. What part of the U-Haul --
23 Which side of the U-Haul was sideswiped?
24 A. Her side. The driver side. I would say
25 the left side.
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NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020
May 9, 2019
1 M. PERICLES
2 Q. Did you see the other vehicle?
3 A. We saw it but she didn't -- he didn't stop.
4 Q. She took off?
5 A. Yeah. And that's all I know -about it
6 because I didn't know what happened after.
7 Q. Did you see what the other vehicle was?
8 A. Yes. After the cops came, we understood it
9 was a taxi driver, so.
10 Q. It was a yellow car?
11 A. No. A regular car.
12 Q. What color?
13 A. I don't remember.
14 Q. The police told you it was a taxi car?
15 A. Yeah. They said it was, yeah.
16 Q. Were you injured as a result of that
17 accident?
18 A. I did have something but, no. I mean, I
Preview
FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 "HH" EXHIBIT FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 - - - - - - - - - - - - x In the Matter of the Examination Under Oath of MITHERLINE PERICLES Pursuant to Avis Budget Group Inc. with respect to claim for loss occurring on January 17, 2019. Insured: Marie DeSrosiers Claimant: Mitherline Pericles Claim No.: 198003738 Date of Loss: January 17, 2019 File No: EUO31-5002B - - x EXAMINATION UNDER OATH of MITHERLINE PERICLES, held at the offices of American Stenographic, LLC, 50 Court Street, Suite 706, Brooklyn, New York 11201, on May 9, 2019, at 1:41 p.m., before a Notary Public of the State of New York. ********************************************* AMERICAN STENOGRAPHIC, LLC 89-00 Sutphin Boulevard Suite 305 Jamaica, NY 11435 Ph-718-291-6600 Fax-718-291-6603 855-US-STENO LE Page 1 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 2 A P P E A R A N C E S: 3 IKHILOV & ASSOCIATES Attorney For Claimant 4 2357 Coney Island Avenue Brooklyn, New York 11223 5 BY: MILENA HANUKOV, ESQ., of Counsel 6 7 8 HOLLANDER LEGAL GROUP, P.C. Attorney For Avis Budget Group Inc. 9 105 Maxess Road, Suite S128 Melville, New York 11747 10 BY: JOHNATHAN DRAPAN, ESQ. 11 FILE # EUO31-5002B 12 13 14 ALSO PRESENT: 15 Waterloo Paul - Creole Interpreter 16 17 18 19 20 21 22 23 24 25 Page 2 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 2 W A T E R L O O P A U L, called as the 3 interpreter in this matter, was duly sworn by a 4 Notary Public of the State of New York to 5 accurately and faithfully translate the questions 6 propounded to the witness from English into Creole 7 and the answers given by the witness from Creole 8 into English. 9 -o00- 10 M I T H E R L I N E P E R I C L E S, the witness 11 herein, having been first duly sworn by a Notary 12 Public of the State of New York, was examined and 13 testified through the interpreter as follows: 14 EXAMINATION BY 15 MR. DRAPAN: 16 Q. State your name for the record, please. 17 A. Mitherline Pericles. 18 Q. State your address for the record, please. 19 A. 1298 East 37th Street, Brooklyn, New York 20 11210. 21 MR. DRAPAN: Can you mark this 22 (handing)?· 23 (Whereupon, Driver's License was 24 marked as Exhibit A, for identification, as 25 of this date.) Page 3 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. Hello. My name is Johnathan Drapan, and 3 I'm an attorney at Hollander Legal Group. We 4 represent Avis. 5 A. Okay. 6 MR. DRAPAN: Do we need it? 7 MS. HANUKOV: I'm thinking no. I 8 think you should start without him because 9 I was able to speak to her alone. 10 MR. DRAPAN: Okay. So let's try 11 it. 12 MS. HANUKOV: Yes. Just give it a 13 few minutes. 14 Q. I'm going to ask you a series of questions 15 regarding a motor vehicle accident that you were 16 involved on January 17th, 2019. 17 A. Okay. 18 Q. If you don't understand a question, it's right don't know" 19 all to say "I and I'll rephrase 20 it. 21 If you want to take a break, we can take a 22 break. I just ask that you finish answering the 23 pending question. Okay? 24 A. Okay. 25 Q. All right. Page 4 American Stenographic Court - A Lexitas Reporting Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Can you please state your name for the 3 record? 4 A. Mitherline Pericles. 5 Q. And you live at 1298 East 37th Street, 6 Brooklyn, New York 11210? 7 A. Yes. 8 MS. HANUKOV: Mitherline provided 9 us with a New York State driver's license, 10 which has been marked as Exhibit A. 11 Q. What's your date of birth? 12 A. XX/XX/1984. 13 MS. HANUKOV: Just the year on the 14 record, please. Thank you. 15 Q. Where were you born? 16 A. In Haiti. 17 Q. How long have you lived in the United 18 States? 19 A. Since 2007. I'm not sure. 20 Q. Around 2007? 21 A. Yeah, sometime there. 22 Q. Are you a United States citizen? 23 MS. HANUKOV: Objection. Don't 24 answer that. 25 Q. Do you have a Green Card? Page 5 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 MS. HANUKOV: Objection. Don't 3 answer that. 4 Q. Do you have a Social Security number? 5 A. Yes. 6 Q. Can you provide us the last four, please? 7 A. 2560. 8 Q. Do you speak any other languages besides 9 English? 10 A. Yes. 11 Q. What? 12 A. French and Creole. 13 Q. What's your highest level of education? 14 A. High school. 15 Q. High school? You've completed it? 16 A. Yes. 17 Q. The address you provided us with at 1298 18 East 37th Street, you live there currently? 19 A. Yes. 20 Q. Do you live with anyone? 21 A. Yes. 22 Q. Who? 23 A. Family member. 24 Q. Who? 25 A. My cousin. Page 6 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. What's your cousin's name? 3 A. Edouard. 4 Q. How do you spell that? 5 A. Oh, I don't know. 6 Q. Edouard? 7 THE INTERPRETER: The interpreter 8 spell it? 9 MR. DRAPAN: Yes. Sure. 10 THE INTERPRETER: E-D-O-U-A-R-D. 11 THE WITNESS: Oh, thanks. 12 Q. What's his last name? 13 A. Pericles. 14 Q. How is he related to you? 15 A. Third cousin. Really, we all family here 16 from Haiti. 17 Q. Do you know how old Edouard is? 18 A. He's 25. 19 Q. Does anyone else live at that address? 20 A. No. 21 Q. Just you two? 22 A. Yes. 23 Q. Okay. What type of home is 1298 East 37th 24 Street? 25 A. Private house. But I live in an apartment Page 7 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 in that house. 3 Q. It's a house but you guys live in the 4 apartment there? 5 A. Yeah. 6 Q. First floor or second floor? 7 A. First. 8 Q. Do you guys own or pay rent? 9 A. Rent. 10 Q. How much a month? 11 A. 13. 12 Q. Hundred? 13 A. Yes. 14 Q. How do you pay it? 15 A. My cousin pay half, my father helps me out 16 right now. 17 Q. You pay cash? 18 A. Yes. 19 Q. How long have you lived at that address? 20 A. Four, five years. I'm not sure. 21 Q. Prior to living at that address, where did 22 you live? 23 A. Long Island. 24 Q. Do you know what the address is? 25 A. 12 Dell Avenue, Hempstead, New York. Page 8 American Stenographic Court - A Lexitas Reporting Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. What is it? 3 A. Hempstead. 12 Dell Avenue. 4 Q. 12 Dell? 5 A. Yeah. Hempstead. 6 Q. Thank you. 7 Are you currently employed? 8 A. No. Well, I am, but I am not working right 9 now. 10 Q. Okay. Where do you work? 11 A. In the city. 33 Prime Steak. 12 Q. What is it? 13 A. 33 Prime Steak. 14 Q. 33 -- 15 A. Prime Steakhouse. 16 Q. What do you do there? 17 A. Waitress. 18 Q. How long have you worked there? 19 A. At least four years. 20 Q. Do you know if you work full-time? 21 Part-time? 22 A. Full-time. 23 Q. Do you know how many hours a week? 24 A. No, because some weeks are different. 25 Q. It varies? Page 9 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 A. Yeah. 3 Q. Okay. Is it around more than 30 a week? 4 A. Yeah. 5 Q. Do you get paid by salary or by the hour? 6 A. What's the difference? I'm not sure. 7 Q. Salary would be like they give you 100,000 8 a year. By the hour, they pay you $20 per hour. 9 MS. HANUKOV: If you know. 10 A. No, I'm not sure. So I don't want to 11 answer that. 12 Q. Do you know how much you make around per 13 week? 14 A. Hold on. 15 THE INTERPRETER: "I do not know 16 because we do get tips also." 17 A. Okay. So it comes from commission. So I'm 18 not sure exactly what to tell you. 19 Q. Without the tips, your paycheck, what does 20 it normally range? 21) A. About 300, 400. 22 Q. A week or two weeks? 23 A. No, a week. 24 Q. 300 to 400 a week? 25 A. Yeah, before tax. Page 10 American Stenographic Court - A Lexitas Reporting Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. And you get tips depending on the week. 3 Do you receive any benefits from Prime 4 Steakhouse? 5 A. No . 6 Q. And where is Prime Steakhouse located? 7 A. It's on 61st between First and Second 8 Avenue. It's East 60s. 9 Q. Between First and Second Avenue? 10 A. Yeah. And they also have another name, 11 Sapphire. 12 Q. What's that? 13 A. But the common name for it is Sapphire, the 14 place, so. 15 Q. Okay. Do you work five days a week there? 16 A. Sometimes. 17 Q. Can you estimate, how often do you work? 18 A. Some weeks is two days. Some weeks five. 19 Some weeks three. Based on the schedule, so. 20 Q. So you are a part-time employee then, 21 maybe? 22 A. I mean, I'm not sure. 23 Q. It's all right to say you are not sure. 24 A. Yeah, I'm not sure exactly. 25 Q. So you are not sure if you are part-time or Page 11 American Stenographic Court - A Lexitas Reporting Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 full-time? 3 A. Yeah. 4 Q. As a result of the -- were you employed by 5 Sapphire on January 17th? 6 A. Yes. 7 Q. Were you employed by anyone else or just 8 there? 9 A. No, just there. 10 Q. And did you lose any time from work as a 11 result of that accident? 12 A. Yes. 13 Q. How much time? 14 A. Over a month or two because I have not been 15 working since. 16 Q. So you are continuing not to work? 17 A. Yeah, because I have to stand all night. 18 Q. So when was the last day you worked? 19 A. I'm not sure. I don't remember. 20 Q. Was it a week before the accident? 21 A. Oh, you mean before the accident? 22 Q. Yes. 23 A. Like, the day before. 24 Q. The day before that? 25 A. Yeah. Page 12 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. That was the last day you worked? 3 A. Yeah. 4 Q. So you lost income too as a result of the 5 accident -- 6 A. Yes. 7 Q. -- correct? 8 A. Yes. 9 Q. Now, you may not know this. Are you making 10 a claim for lost wages as a result of the accident? 11 A. Yes. 12 Q. Your New York State driver's license that 13 you provided us with, has it ever been suspended at 14 any point? 15 A. Not that I'm aware of, no. 16 Q. Any restrictions such as wearing 17 eyeglasses? 18 A. No. 19 Q. Prior to the accident on January 17th, have 20. you ever been involved in any other motor vehicle 21 accidents? 22. A. Not -- no. 23 Q. No other accidents? 24 A. No. 25 Q. Were you involved in an accident in 2018 Page 13 American Stenographic Court - A Lexitas Reporting Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 with a U-Haul truck? 3 A. Oh, yeah. I forgot about that. Sorry. 4 Q. Okay. Who was the accident with? Who was 5 driving? 6 A. Marie. 7 Q. So Marie was driving the U-Haul? 8 A. Yes. 9 Q. Where were you guys heading to? 10 A. Downtown. 11 Q. For what? 12 A. Oh, I have to explain it to you? 13 Oh, she have a store. So she had to 14 transfer stuff from one place to another. 15 Q. So you were moving stuff from one store to 16 another? 17 A. Yeah. 18 Q. Do you know what her store is called? 19 A. Loo Den (phonetic). So I don't know at 20 that time. 21 Q. Loo Den? 22 A. Yeah. It was a beauty shop she had at that 23 time. 24 Q. Where were you were moving her stuff to? 25 A. I didn't know the other location. __ Page 14 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. Okay. Was it a storage unit or another 3 store? 4 A. She had things to move from the storage to 5 someplace else, so I was just helping. So I didn't 6 really know all of the details about that. 7 Q. Okay. Do you know when this accident 8 occurred in 2018? 9 A. It was at night. It was raining and 10 someone just went into her. 11 Q. Do you know what month? 12 A. I don't remember. 13 Q. Can you explain how the accident occurred? 14 Did you see it? 15 A. I was in the car so, yeah. We were just 16 straight I guess -- driving and, 17 Q. You were driving straight on what road? 18 A. Downtown. Yeah, on Flatbush. Yeah, 19 Flatbush. So on the -- it Was the wet road. It 20 was very slippery. So the other car just ran into 21 us and just didn't stop, yeah. 22 Q. What part of the U-Haul -- 23 Which side of the U-Haul was sideswiped? 24 A. Her side. The driver side. I would say 25 the left side. Page 15 American Stenographic Court - A Reporting Lexitas Company 718-291-6600 888-US-STENO FILED: NASSAU COUNTY CLERK 02/04/2020 03:38 PM INDEX NO. 612429/2019 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 02/04/2020 May 9, 2019 1 M. PERICLES 2 Q. Did you see the other vehicle? 3 A. We saw it but she didn't -- he didn't stop. 4 Q. She took off? 5 A. Yeah. And that's all I know -about it 6 because I didn't know what happened after. 7 Q. Did you see what the other vehicle was? 8 A. Yes. After the cops came, we understood it 9 was a taxi driver, so. 10 Q. It was a yellow car? 11 A. No. A regular car. 12 Q. What color? 13 A. I don't remember. 14 Q. The police told you it was a taxi car? 15 A. Yeah. They said it was, yeah. 16 Q. Were you injured as a result of that 17 accident? 18 A. I did have something but, no. I mean, I