Preview
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
EXHIBIT H
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 1
July 14, 2022
-.P
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_ ___-______________-- ___________________Ç
BARBARA SACKAROFF,
Index No.
Plaintiff, 514577/2020
-against-
SUDHIR DIWWAN, M.D., SUDHIR DIWAN. MD LLC,
ADVANCED SPINE ON PARK AVENUE MSO, LLC,
MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC,
IGOR AMIGUD, M.D., JANDE WEEKS, CRNA,
IGOR AMIGUD PHYSICAN P.C. and
FIFTH AVENUE SURGERY CENTER, LLC,
Defendants.
_________..--_________________ _ __--------Ç
EXAMINATION BEFORE TRIAL of the Defendant JANDE WEEKS, CRNA,
taken by the Plaintiff, pursuant to Article 31 of the Civil
Practice Law & Rules of Testimony, and Court Order, held via
Videoconference, on July 14, 2022, at 10:02 a.m., before a
Notary Public of the State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 2
July 14, 2022
1 A P P E A R A N C E S:
(Via Videoconference)
2
3
THE SELVIN LAW FIRM, PLLC
4 Attorneys for Plaintiff
3956 Merrick Road
5 Seaford, New York 11783
BY: STEVE FINKIN, ESQ., OF COUNSEL
6
7
KAUFMAN BORGEEST & RYAN, LLP
8 Attorneys for Defendants
SUDHIR DIWAN, M.D., SUDHIR DIWAN. MD
9 LLC,ADVANCED SPINE ON PARK AVENUE MSO,
LLC, MANHATTAN SPINE AND PAIN
10 MANAGEMENT, PLLC, IGOR AMIGUD, M.D.
IGOR AMIGUD PHYSICAN P.C.
11 120 Broadway, 14th Floor
New York, New York 10271
12 BY: EDWARD DONDES, ESQ.
File No. 703.911
13
14
MARTIN CLEARWATER & BELL, LLP
15 Attorneys for Defendant
JANDE WEEKS, CRNA
16 220 East 42nd Street
New York, New York 10017
17 BY: NICOLE BARRESI, ESQ.
18
19 MARKS O'NEILL O'BRIEN DOHERTY & KELLY, P.C.
Attorneys for Defendant
20 FIFTH AVENUE SURGERY CENTER, LLC
600 Third Avenue, Suite 1501
21 New York, New York 10016
BY: MARCI MITKOFF, ESQ.
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 3
July 14, 2022
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2
21.1 Objections at Depositions
3 (a) Objections in general. No objections
shall be made at a deposition except those
4 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
5 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
6 such rule. All objections made at a
deposition shall be noted by the officer
7 before whom the deposition is taken, and the
answer shall be given and the deposition shall
8 proceed subject to the objections and to the
right of a person to apply for appropriate
9 relief pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
10 objection raised during a deposition shall be
stated succinctly and framed so as not to
11 suggest and answer to the deponent and, at the
request of the questioning attorney, shall
12 include a clear statement as to any defect in
form or other basis of error or irregularity.
13 Except to the extent permitted by CPLR Rule
3115 or by this rule, during the course of the
14 examination, persons in attendance shall not
make statements or comments that interfere
15 with the questioning.
221.2 Refusal to answer when objection is
16 made. A deponent shall answer all questions at
a deposition, except (i) to preserve a
17 privilege or right of confidentiality, (ii) to
enforce a limitation set forth in an order of
18 the court, or (iii) when ·the question is
plainly improper and would, if answered, cause
19 significant prejudice to any person. An
attorney shall not direct a deponent not to
20 answer except as provided in CPLR Rule 3115 or
this subdivision. Any refusal to answer or
21 direction not to answer shall be accompanied
by a succinct and clear statement of the basis
22 therefor. If the deponent does not answer a
question, the examining party shall have the
23 right to complete the remainder of the
deposition.
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 4
July 14, 2022
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2
221.3 Communication with the deponent.
3 An attorney shall not interrupt the
deposition for the purpose of communicating
4 with the deponent unless all parties consent
or the communication is made for the purpose
5 of determining whether the question should not
be answered on the grounds set forth in
6 section 221.2 of these rules and, in such
event, the reason for the communication shall
7 be stated for the record succinctly and
clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized
12 for all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
17 parties hereto that a copy of this examination
shall be furnished, without charge, to the
18 attorneys representing the witness testifying
herein.
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 5
July 14, 2022
1 It is hereby stipulated and agreed by and
between counsel for all parties present that Pursuant
2 to CPLR Section 3113(d) this deposition is being
conducted by video conference, that the court
3 reporter, all counsel, and the witness are all in
separate remote locations and participating via
4 Videoconference (LegalView/Zoom) meeting under the
control of Lexitas Court Reporting Service, that the
5 officer administering the oath to the witness need
not be in the place of the deposition and the witness
6 shall be sworn in remotely by the court reporter
after confirming the witness's identity, that this
7 video conference will not be recorded in any manner
and that any recording without the express written
8 consent of all parties shall be considered
unauthorized, in violation of law, and shall not be
9 used for any purpose in this litigation or otherwise.
10
It is further stipulated that exhibits may be
11 marked by the attorney presenting the exhibit to the
witness, and that a copy of any e.xhibit presented to
12 a witness shall be e-mailed to or otherwise in
possession of all counsel prior to any questioning of
13 a witness regarding the exhibit in question. All
parties shall bear their own costs in the conduct of
14 this deposition by video conference, not withstanding
the obligation by CPLR to supply a copy of the
15 transcript to the deposed party by the taking party
in civil litigation matters.
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 6
July 14, 2022
1 J. Weeks, CRNA
2 MR. FINKIN: By plaintiff, I
3 consent to your swearing in the
4 witness virtually.
5 MS. BARRESI: Nicole Barresi on
6 behalf of Ms. Weeks, we consent.
7 MR. DONDES: Edward Dondes on
8 behalf of Dr. Diwan and Dr. Amigud,
9 we consent to swearing in the witness
10 remotely.
11 MS. MITKOFF: Marci Mikoff on
12 behalf of Fifth Avenue Surgery, I
13 consent to swearing in the witness
14 remotely.
15 (Whereupon, an off-the-record
16 discussion was held.)
17 MS. MITKOFF: I would like a
18 copy of the transcript.
19 MR. DONDES: As would I.
20 (page break for swear-in)
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 7
July 14, 2022
1 J. Weeks, CRNA
2 J A N D E W E E K S,
3 Having first been duly sworn via
4 videoconference by a Notary Public of the
5 State of New York, was examined and
6 testified as follows:
7 EXAMINATION BY
8 MR. FINKIN:
9 Q Please state and spell your name for the
10 record.
11 A My name is Jande Weeks. J-A-N-D-E, last
12 name W-E-E-K-S.
13 Q What is your address?
14 MS. BARRESI: By counsel, we
15 will accept service, so you don't
16 have to put her home address.
17 MR. FINKIN: So business address
18 or just use your office as the
19 address?
20 MS. BARRESI: Use our office,
21 because she's -- you can ask
yeah,
22 her, but she goes to different
23 places, so we'll accept service.
24 MR. FINKIN: Okay.
25 Q Good morning, Nurse Weeks. Is it okay
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 8
July 14, 2022
1 J. Weeks, CRNA
2 if I refer to you as Nurse Weeks?
3 A You can call me Jande. I prefer that,
4 actually.
5 Q I appreciate that. But just out of
6 respect, I will call you Nurse Weeks. Okay?
7 A Or you can call me CRNA Weeks, if it
8 makes you feel any better. Jande is fine.
9 Q Okay. You're right. Well, good
10 morning.
11 A Good morning.
12 Q My name is Steve Finkin. I'm of counsel
13 to the Selvin Law Firm that represents Barbara
14 Sackaroff in the action that's been brought,
15 and I am going to ask you questions about some
16 of your care, some of the entries that you
17 made in the chart.
18 And I would ask that you permit me to
19 ask the question before you give a response,
20 even if you anticipate what my question is
21 going to be, which you often will, so that the
22 court reporter can take down question and
23 answer consecutively rather than
24 simultaneously. Makes it easier for the court
reporter. Not -- your responses need be
25 to
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 9
July 14, 2022
1 J. Weeks, CRNA
2 verbal, so like the nodding of your head, the
3 court reporter is not permitted to interpret
4 your nodding your head as a yes. It has to be
5 a verbal response. Right? Yes?
6 A Okay.
7 Q Okay. And it's perfectly acceptable if
8 I ask you a question and you don't know the
9 answer, don't recall the answer, rather than
10 guess, indicate that you don't know or you
11 don't -- whatever the case be.
may
12 A Okay.
13 Q If you need to take a break, you can
14 during the course of this deposition.
15 Hopefully, like I said, it will be a quick
16 deposition, but please request a break after a
17 question that has been asked is answered, and
18 once it's answered -- you can take a
answered,
19 break for any reason whatsoever, and we'll
20 then resume when you're ready. So going
21 forward, is that agreeable to you?
22 A Yes, it is.
23 Q Okay. So I'm looking at your CV, and
24 just in a very summary fashion, can you tell
25 me where you received your master's degree?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 10
July 14, 2022
1 J. Weeks, CRNA
2 A I received my master's degree at
3 University of Maryland in Baltimore.
4 Q And you received your bachelor's degree
5 in Florida State University, Tallahassee?
6 A Yes.
7 Q Okay. And you're currently affiliated
8 with -- do you have your -- you're licensed in
9 the State of New York?
10 A Yes, I do.
11 Q Okay. And your license was
12 approximately, if you recall, effective when?
13 When were you first licensed?
14 A By the CRNA, in 2012.
15 Q 2012. And how about as a nurse?
16 A 2006.
17 okay. And as -- can you tell me
Q 2006,
18 what a nurse anesthetist is?
19 A A nurse anesthetist administers
20 anesthesia with supervision from or medical
21 direction with an anesthesiologist or with a
22 collaborating physician.
23 Q Okay. And do you have an office that
24 you maintain or do you have affiliations at
25 different facilities, specifically in January
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 11
July 14, 2022
1 J. Weeks, CRNA
2 of 2020?
3 A I am affiliated with New York
4 Presbyterian out of Manhattan.
5 Q Okay.
6 A And also with Metropolitan Hospital.
And are you -- were you also in 2020
7 Q
8 affiliated with Fifth Avenue Surgery Center?
9 A I --
Yes,
10 MS. MITKOFF: Note my objection.
11 MR. FINKIN: I'm sorry?
12 MS. MITKOFF: No, I just noted
13 my objection.
14 MR. FINKIN: I'm sorry, okay.
15 Q Well, let's go to the present, or in
16 2020, you had some type of affiliation with
17 New York Presbyterian; is that correct?
18 A Correct.
19 Q What was that affiliation?
20 A I worked as a full-time staff CRNA.
21 Q Were you employed by New York
Presbyterian --
22
23 A I am --
-- in 2020?
24 Q specifically
25 A Yes, I was.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 12
July 14, 2022
1 J. Weeks, CRNA
2 Q Okay. Do you continue to be employed by
3 New York Presbyterian?
4 A Yes, I am.
5 Q All right. So as of January 1, 2020,
6 you were an employee of New York Presbyterian?
7 A Yes.
8 Q And when did that employment begin?
9 A At New York Presbyterian, in March of
10 2015.
11 2015. And was there -- were you paid
Q by
12 W-2 -- from New York Presbyterian?
by
13 A Yes.
14 Q Okay. And did you have an agreement,
15 whether it be written or verbal, that you were
16 permitted to work on your own time at other
17 facilities?
18 MS. BARRESI: Objection. Why
19 are we getting into this? It has
20 nothing to do with her care what
21 she's doing at New York Presbyterian.
22 MR. FINKIN: But it's a
23 legitimate question.
24 MS. BARRESI: I mean, are you
25 asking her if she's an employee or an
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023
Page 13
July 14, 2022
1 J. Weeks, CRNA
2 independent contractor, is that what
3 you're trying to get to?
4 MR. FINKIN: No. I mean, she's
5 already testified, if I understand,
6 that she was an employee of New York
7 Presbyterian.
8 MS. BARRESI: So what's the last
question --
9
10 MR. FINKIN: And on her CV, it
11 indic
Preview
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 EXHIBIT H FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 1 July 14, 2022 -.P SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _ ___-______________-- ___________________Ç BARBARA SACKAROFF, Index No. Plaintiff, 514577/2020 -against- SUDHIR DIWWAN, M.D., SUDHIR DIWAN. MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, IGOR AMIGUD, M.D., JANDE WEEKS, CRNA, IGOR AMIGUD PHYSICAN P.C. and FIFTH AVENUE SURGERY CENTER, LLC, Defendants. _________..--_________________ _ __--------Ç EXAMINATION BEFORE TRIAL of the Defendant JANDE WEEKS, CRNA, taken by the Plaintiff, pursuant to Article 31 of the Civil Practice Law & Rules of Testimony, and Court Order, held via Videoconference, on July 14, 2022, at 10:02 a.m., before a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 2 July 14, 2022 1 A P P E A R A N C E S: (Via Videoconference) 2 3 THE SELVIN LAW FIRM, PLLC 4 Attorneys for Plaintiff 3956 Merrick Road 5 Seaford, New York 11783 BY: STEVE FINKIN, ESQ., OF COUNSEL 6 7 KAUFMAN BORGEEST & RYAN, LLP 8 Attorneys for Defendants SUDHIR DIWAN, M.D., SUDHIR DIWAN. MD 9 LLC,ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN 10 MANAGEMENT, PLLC, IGOR AMIGUD, M.D. IGOR AMIGUD PHYSICAN P.C. 11 120 Broadway, 14th Floor New York, New York 10271 12 BY: EDWARD DONDES, ESQ. File No. 703.911 13 14 MARTIN CLEARWATER & BELL, LLP 15 Attorneys for Defendant JANDE WEEKS, CRNA 16 220 East 42nd Street New York, New York 10017 17 BY: NICOLE BARRESI, ESQ. 18 19 MARKS O'NEILL O'BRIEN DOHERTY & KELLY, P.C. Attorneys for Defendant 20 FIFTH AVENUE SURGERY CENTER, LLC 600 Third Avenue, Suite 1501 21 New York, New York 10016 BY: MARCI MITKOFF, ESQ. 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 3 July 14, 2022 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 21.1 Objections at Depositions 3 (a) Objections in general. No objections shall be made at a deposition except those 4 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 5 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 6 such rule. All objections made at a deposition shall be noted by the officer 7 before whom the deposition is taken, and the answer shall be given and the deposition shall 8 proceed subject to the objections and to the right of a person to apply for appropriate 9 relief pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 10 objection raised during a deposition shall be stated succinctly and framed so as not to 11 suggest and answer to the deponent and, at the request of the questioning attorney, shall 12 include a clear statement as to any defect in form or other basis of error or irregularity. 13 Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the 14 examination, persons in attendance shall not make statements or comments that interfere 15 with the questioning. 221.2 Refusal to answer when objection is 16 made. A deponent shall answer all questions at a deposition, except (i) to preserve a 17 privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of 18 the court, or (iii) when ·the question is plainly improper and would, if answered, cause 19 significant prejudice to any person. An attorney shall not direct a deponent not to 20 answer except as provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or 21 direction not to answer shall be accompanied by a succinct and clear statement of the basis 22 therefor. If the deponent does not answer a question, the examining party shall have the 23 right to complete the remainder of the deposition. 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 4 July 14, 2022 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.3 Communication with the deponent. 3 An attorney shall not interrupt the deposition for the purpose of communicating 4 with the deponent unless all parties consent or the communication is made for the purpose 5 of determining whether the question should not be answered on the grounds set forth in 6 section 221.2 of these rules and, in such event, the reason for the communication shall 7 be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized 12 for all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 17 parties hereto that a copy of this examination shall be furnished, without charge, to the 18 attorneys representing the witness testifying herein. 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 5 July 14, 2022 1 It is hereby stipulated and agreed by and between counsel for all parties present that Pursuant 2 to CPLR Section 3113(d) this deposition is being conducted by video conference, that the court 3 reporter, all counsel, and the witness are all in separate remote locations and participating via 4 Videoconference (LegalView/Zoom) meeting under the control of Lexitas Court Reporting Service, that the 5 officer administering the oath to the witness need not be in the place of the deposition and the witness 6 shall be sworn in remotely by the court reporter after confirming the witness's identity, that this 7 video conference will not be recorded in any manner and that any recording without the express written 8 consent of all parties shall be considered unauthorized, in violation of law, and shall not be 9 used for any purpose in this litigation or otherwise. 10 It is further stipulated that exhibits may be 11 marked by the attorney presenting the exhibit to the witness, and that a copy of any e.xhibit presented to 12 a witness shall be e-mailed to or otherwise in possession of all counsel prior to any questioning of 13 a witness regarding the exhibit in question. All parties shall bear their own costs in the conduct of 14 this deposition by video conference, not withstanding the obligation by CPLR to supply a copy of the 15 transcript to the deposed party by the taking party in civil litigation matters. 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 6 July 14, 2022 1 J. Weeks, CRNA 2 MR. FINKIN: By plaintiff, I 3 consent to your swearing in the 4 witness virtually. 5 MS. BARRESI: Nicole Barresi on 6 behalf of Ms. Weeks, we consent. 7 MR. DONDES: Edward Dondes on 8 behalf of Dr. Diwan and Dr. Amigud, 9 we consent to swearing in the witness 10 remotely. 11 MS. MITKOFF: Marci Mikoff on 12 behalf of Fifth Avenue Surgery, I 13 consent to swearing in the witness 14 remotely. 15 (Whereupon, an off-the-record 16 discussion was held.) 17 MS. MITKOFF: I would like a 18 copy of the transcript. 19 MR. DONDES: As would I. 20 (page break for swear-in) 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 7 July 14, 2022 1 J. Weeks, CRNA 2 J A N D E W E E K S, 3 Having first been duly sworn via 4 videoconference by a Notary Public of the 5 State of New York, was examined and 6 testified as follows: 7 EXAMINATION BY 8 MR. FINKIN: 9 Q Please state and spell your name for the 10 record. 11 A My name is Jande Weeks. J-A-N-D-E, last 12 name W-E-E-K-S. 13 Q What is your address? 14 MS. BARRESI: By counsel, we 15 will accept service, so you don't 16 have to put her home address. 17 MR. FINKIN: So business address 18 or just use your office as the 19 address? 20 MS. BARRESI: Use our office, 21 because she's -- you can ask yeah, 22 her, but she goes to different 23 places, so we'll accept service. 24 MR. FINKIN: Okay. 25 Q Good morning, Nurse Weeks. Is it okay DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 8 July 14, 2022 1 J. Weeks, CRNA 2 if I refer to you as Nurse Weeks? 3 A You can call me Jande. I prefer that, 4 actually. 5 Q I appreciate that. But just out of 6 respect, I will call you Nurse Weeks. Okay? 7 A Or you can call me CRNA Weeks, if it 8 makes you feel any better. Jande is fine. 9 Q Okay. You're right. Well, good 10 morning. 11 A Good morning. 12 Q My name is Steve Finkin. I'm of counsel 13 to the Selvin Law Firm that represents Barbara 14 Sackaroff in the action that's been brought, 15 and I am going to ask you questions about some 16 of your care, some of the entries that you 17 made in the chart. 18 And I would ask that you permit me to 19 ask the question before you give a response, 20 even if you anticipate what my question is 21 going to be, which you often will, so that the 22 court reporter can take down question and 23 answer consecutively rather than 24 simultaneously. Makes it easier for the court reporter. Not -- your responses need be 25 to DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 9 July 14, 2022 1 J. Weeks, CRNA 2 verbal, so like the nodding of your head, the 3 court reporter is not permitted to interpret 4 your nodding your head as a yes. It has to be 5 a verbal response. Right? Yes? 6 A Okay. 7 Q Okay. And it's perfectly acceptable if 8 I ask you a question and you don't know the 9 answer, don't recall the answer, rather than 10 guess, indicate that you don't know or you 11 don't -- whatever the case be. may 12 A Okay. 13 Q If you need to take a break, you can 14 during the course of this deposition. 15 Hopefully, like I said, it will be a quick 16 deposition, but please request a break after a 17 question that has been asked is answered, and 18 once it's answered -- you can take a answered, 19 break for any reason whatsoever, and we'll 20 then resume when you're ready. So going 21 forward, is that agreeable to you? 22 A Yes, it is. 23 Q Okay. So I'm looking at your CV, and 24 just in a very summary fashion, can you tell 25 me where you received your master's degree? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 10 July 14, 2022 1 J. Weeks, CRNA 2 A I received my master's degree at 3 University of Maryland in Baltimore. 4 Q And you received your bachelor's degree 5 in Florida State University, Tallahassee? 6 A Yes. 7 Q Okay. And you're currently affiliated 8 with -- do you have your -- you're licensed in 9 the State of New York? 10 A Yes, I do. 11 Q Okay. And your license was 12 approximately, if you recall, effective when? 13 When were you first licensed? 14 A By the CRNA, in 2012. 15 Q 2012. And how about as a nurse? 16 A 2006. 17 okay. And as -- can you tell me Q 2006, 18 what a nurse anesthetist is? 19 A A nurse anesthetist administers 20 anesthesia with supervision from or medical 21 direction with an anesthesiologist or with a 22 collaborating physician. 23 Q Okay. And do you have an office that 24 you maintain or do you have affiliations at 25 different facilities, specifically in January DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 11 July 14, 2022 1 J. Weeks, CRNA 2 of 2020? 3 A I am affiliated with New York 4 Presbyterian out of Manhattan. 5 Q Okay. 6 A And also with Metropolitan Hospital. And are you -- were you also in 2020 7 Q 8 affiliated with Fifth Avenue Surgery Center? 9 A I -- Yes, 10 MS. MITKOFF: Note my objection. 11 MR. FINKIN: I'm sorry? 12 MS. MITKOFF: No, I just noted 13 my objection. 14 MR. FINKIN: I'm sorry, okay. 15 Q Well, let's go to the present, or in 16 2020, you had some type of affiliation with 17 New York Presbyterian; is that correct? 18 A Correct. 19 Q What was that affiliation? 20 A I worked as a full-time staff CRNA. 21 Q Were you employed by New York Presbyterian -- 22 23 A I am -- -- in 2020? 24 Q specifically 25 A Yes, I was. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 12 July 14, 2022 1 J. Weeks, CRNA 2 Q Okay. Do you continue to be employed by 3 New York Presbyterian? 4 A Yes, I am. 5 Q All right. So as of January 1, 2020, 6 you were an employee of New York Presbyterian? 7 A Yes. 8 Q And when did that employment begin? 9 A At New York Presbyterian, in March of 10 2015. 11 2015. And was there -- were you paid Q by 12 W-2 -- from New York Presbyterian? by 13 A Yes. 14 Q Okay. And did you have an agreement, 15 whether it be written or verbal, that you were 16 permitted to work on your own time at other 17 facilities? 18 MS. BARRESI: Objection. Why 19 are we getting into this? It has 20 nothing to do with her care what 21 she's doing at New York Presbyterian. 22 MR. FINKIN: But it's a 23 legitimate question. 24 MS. BARRESI: I mean, are you 25 asking her if she's an employee or an DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 01/16/2023 Page 13 July 14, 2022 1 J. Weeks, CRNA 2 independent contractor, is that what 3 you're trying to get to? 4 MR. FINKIN: No. I mean, she's 5 already testified, if I understand, 6 that she was an employee of New York 7 Presbyterian. 8 MS. BARRESI: So what's the last question -- 9 10 MR. FINKIN: And on her CV, it 11 indic