Preview
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
EXHIBIT I
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
[Page 1]
March 28, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BARBARA SACKAROFF,
Plaintiff, Index No.
514577/20
-against-
SUDHIR DIWAN, 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 PHYSICIAN, P.C., FIFTH AVENUE
SURGERY CENTER, LLC,
Defendants.
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March 28, 2022
11:06 a.m.
EXAMINATION BEFORE TRIAL VIA VIDEOCONFERENCE of
the Defendant, IGOR AMIGUD, M.D., by the Plaintiff in
the above-entitled action, held at the above date and
time, pursuant to Order, taken via videoconference
before Charissa Hromadka, a shorthand reporter and
Notary Public within and for the State of New York.
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
[Page 2]
March 28, 2022
(1) A P P E A R A N C E S:
(2)
(3)
(4) THE SELVIN LAW FIRM, PLLC
(5) Attorneys for Plaintiff
3956 Merrick Road
(6) Seaford, New York 11783
(7) BY: STEVEN FINKIN, ESQ., Of Counsel
(VIA VIDEOCONFERENCE)
(8)
(9) KAUFMAN BORGEEST & RYAN, LLP
Attorneys for Defendants
(10) SUDHIR DIWAN, M.D., SUDHIR
DIWAN, MD, LLC, IGOR AMIGUD, M.D. and
(11) IGOR AMIGUD PHYSICIAN, P.C.
120 Broadway, 14th Floor
(12) New York, New York 10271
(13) BY: EDWARD DONDES, ESQ.
(VIA VIDEOCONFERENCE)
(14)
(15) MARTIN, CLEARWATER & BELL
Attorneys for Defendant
(16) JANDE WEEKS, CRNA
220 East 42nd Street
(17) New York, New York 10017
(18) BY: NICOLE BARRESI, ESQ.
(VIA VIDEOCONFERENCE)
(19)
(20) MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C.
Attorneys for Defendant
(21) FIFTH AVENUE SURGERY CENTER, LLC
600 Third Avenue, 15th Floor
(22) New York, New York 10016
(23) BY: MARCIA O. MITKOFF, ESQ.
(VIA VIDEOCONFERENCE)
(24)
(25)
Lexitas Court Reporting
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March 28, 2022
(1) S T I P U L A T I O N S:
(2) IT IS STIPULATED AND AGREED by and between the
(3) attorneys for the respective parties herein,
(4) and in compliance with Rule 221 of the Uniform
Rules for the Trial Courts:
(5)
THAT the parties recognize the provision of
(6) Rule 3115 subdivisions (b), (c) and/or (d).
All objections made at a deposition shall be
(7) noted by the officer before whom the deposition is
taken, and the answer shall be given and the deposition
(8) shall proceed subject to the objections and to the
right of a person to apply for appropriate relief
(9) pursuant to Article 31 of the C.P.L.R.;
(10) THAT every objection raised during a deposition shall
be stated succinctly and framed so as not to suggest an
(11) answer to the deponent and, at the request of the
questioning attorney, shall include a clear statement
(12) 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 with the
(15) questioning.
(16) THAT a deponent shall answer all questions at a
deposition, except (i) to preserve a privilege or right
(17) of confidentiality, (ii) to enforce a limitation set
forth in an order of a court, or (iii) when the
(18) question is plainly improper and would, if answered,
cause significant prejudice to any person. An attorney
(19) shall not direct a deponent not to answer except as
provided in CPLR Rule 3115 or this subdivision. Any
(20) refusal to answer or direction not to answer shall be
accompanied by a succinct and clear statement on the
(21) basis therefore. If the deponent does not answer a
question, the examining party shall have the right to
(22) complete the remainder of the deposition.
(23)
(24) THAT an attorney shall not interrupt the
deposition for the purpose of communicating
(25) with the deponent unless all parties consent or the
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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March 28, 2022
(1) whether the question should not be answered on the
(2) grounds set forth in Section 221.2 of these rules, and,
(3) in such event, the reason for the communication shall
be stated for the record succinctly and clearly.
(4)
THAT the failure to object to any question or
(5) to move to strike any testimony at this examination
shall not be a bar or waiver to
(6) make such objection or motion at the time of
the trial of this action, and is hereby reserved; and
(7)
THAT this examination may be signed and sworn
(8) to by the witness examined herein before any
Notary Public, but the failure to do so or to
(9) return the original of the examination to the
attorney on whose behalf the examination is
(10) taken, shall not be deemed a waiver of the
rights provided by Rule 3116 and 3117 of the
(11) C.P.L.R, and shall be controlled thereby; and
(12) THAT the certification and filing of the
original of this examination are hereby waived; and
(13)
THAT the questioning attorney shall provide
(14) counsel for the witness examined herein with a
copy of this examination at no charge.
(15)
(16)
IT IS HEREBY STIPULATED AND AGREED by and
(17) between counsel for all parties present that
pursuant to CPLR section 3113(d) this deposition
(18) is to be conducted by video conference, that the
court reporter, all counsel, and the witness are
(19) all in separate remote locations and participating
via videoconference (LegalView/Zoom/WebEx) meeting
(20) under the control of Lexitas Court Reporting
Service, that the officer administering the oath
(21) to the witness need not be in the place of the
deposition and the witness shall be sworn in
(22) remotely by the court reporter after confirming the
witness’s identity, that this videoconference will
(23) not be recorded in any manner and that any recording
without the express written consent of all parties
(24) shall be considered unauthorized, in violation of
law, and shall not be used for any purpose in this
(25) litigation or otherwise.
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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March 28, 2022
(1)
(2) IT IS FURTHER STIPULATED that exhibits may be
(3) marked by the attorney presenting the exhibit to the
(4) witness, and that a copy of any exhibit presented to a
witness shall be Emailed to or otherwise in possession
(5) of all counsel prior to any questioning of a witness
regarding the exhibit in question. All parties shall
(6) bear their own costs in the conduct of this deposition
by video conference, not withstanding the obligation by
(7) CPLR to supply a copy of the transcript to the deposed
party by the taking party in civil litigation matters.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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March 28, 2022
(1)
(2) I G O R A M I G U D, M. D., the witness herein,
(3) having been first duly sworn before a Notary Public
(4) of the State of New York, was examined and testified
(5) as follows:
(6) EXAMINATION BY
(7) MR. FINKIN:
(8) Q. Please state your name for the record.
(9) A. Igor Amigud, M.D.
(10) Q. Please state your business address for the
(11) record.
(12) A. 1049 5th Avenue, New York, New York 10028.
(13) (Whereupon, a three-page medical
(14) record was marked as Plaintiff's Exhibit
(15) 1, for identification, as of this date.)
(16) MR. FINKIN: Will you accept
(17) service at the time of trial, if
(18) necessary?
(19) MR. DONDES: We will accept
(20) service.
(21) Q. Doctor, my name is Steve Finkin and I am
(22) of counsel to The Selvin Law Firm who represents
(23) Barbara Sackaroff in a suit that she's brought
(24) against multiple defendants including yourself and
(25) I'm going to ask you about questions relating to
Lexitas Court Reporting
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March 28, 2022
(1) I. Amigud, M.D.
(2) her anesthetic care on January 7th, possibly prior
(3) to that, possibly subsequent to that date, January
(4) 7, 2020.
(5) I would ask that you allow me to finish my
(6) question before you give a response even if you
(7) anticipate what I'm going to ask you. The reason
(8) being that the court reporter has to take down if
(9) we speak over each other simultaneously question
(10) answer. All your responses need to be verbal. Is
(11) that okay with you?
(12) A. Absolutely.
(13) Q. If for any reason you need a break, if
(14) there's an emergency or you are getting a call from
(15) the medical center, just take the break. If it's
(16) for something nonmedical, non-emergent, I would ask
(17) before you take the break or ask to speak with your
(18) attorney, that you answer the question that's been
(19) posed, give a response and then you can take a
(20) break. Is that okay with you?
(21) A. Okay.
(22) Q. If a question is asked of you and you
(23) don't understand a question, you don't understand
(24) my syntax or you don't understand the way I
(25) formulated the question, just indicate that to me
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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March 28, 2022
(1) I. Amigud, M.D.
(2) and I will do my very best to ask it in a form that
(3) is understandable to you. Okay?
(4) A. Okay.
(5) Q. It's perfectly acceptable in giving a
(6) response, nobody wants you to guess. Don't guess.
(7) If you can make an approximate to a question that's
(8) asked of you, then make that approximation and if
(9) you can do it with some level of confidence. If
(10) you are just answering the question because the
(11) question is asked and you really have no
(12) recollection, it's better to say, I don't know, I
(13) don't recall, I have no recollection. Is that
(14) okay?
(15) A. Great.
(16) Q. Let's start by going over your --
(17) beginning with medical school, where did you begin
(18) medical, where did you graduate?
(19) A. I started my medical school in 1980 in
(20) former Soviet Union, Russian Federation now, a city
(21) called Kuybyshev and graduated in former Soviet
(22) Union same medical school in 1986.
(23) Q. In Russia?
(24) A. In Russia.
(25) Q. And what part of Russia?
Lexitas Court Reporting
800-678-0166
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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March 28, 2022
(1) I. Amigud, M.D.
(2) A. It's part of Russian Federation, not the
(3) republic of any sort. It's just Russia, Russia.
(4) Q. Russia, Russia, okay.
(5) Your education from 1980 to 1986, did that
(6) include any kind of residency or the equivalent of
(7) an internship residency or specialty?
(8) A. No.
(9) Q. Was there a particular area of medicine
(10) that you specialized or studied in?
(11) A. Six years of medical school in the Russian
(12) system you do sub internship, which basically
(13) projects your future specialty and I took surgery
(14) in 1985 and graduated in 1986.
(15) Q. I am having difficulty hearing you. I
(16) don't know if anybody else is.
(17) MR. DONDES: It might be on your
(18) end.
(19) A. I can speak louder.
(20) Q. That would help me. I'm on an iPhone
(21) right now so I am having some difficulty hearing
(22) you.
(23) A. Sorry about that.
(24) Q. So in 1985 did you say that you started to
(25) rotate or involve yourself in the surgical program?
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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(1) I. Amigud, M.D.
(2) A. Correct.
(3) Q. And you did that from 1985 until 1986 --
(4) A. Yes.
(5) Q. -- when you completed?
(6) A. Yes.
(7) Q. What did you do after graduation from the
(8) medical school?
(9) A. I did one year of internship in surgery.
(10) Q. Where?
(11) A. In city of Orlov. This is Russian
(12) Federation. I was -- I took a job in a rural place
(13) in the vicinity of a city Orlov.
(14) Q. The city of what?
(15) A. Orlov, Orlov. That's what the city is
(16) called.
(17) Q. Can you spell it?
(18) A. O, as in Oswald, R, as in Robert, L, as in
(19) Leo, O, as in Oswald, V, as in Victor.
(20) Q. And that was a one-year residency,
(21) correct?
(22) A. Internship.
(23) Q. And then what was the next thing -- you
(24) completed that successfully?
(25) A. Correct.
Lexitas Court Reporting
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NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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(1) I. Amigud, M.D.
(2) Q. And that was in what year?
(3) A. That was '97 -- I'm sorry, I apologize,
(4) '87.
(5) Q. And then what was the next thing you did
(6) educationally?
(7) A. I moved back to my hometown and I took --
(8) Q. Your hometown being where?
(9) A. Hometown city of Kuybyshev and I took a
(10) half year internship in anesthesia and after that,
(11) I was practicing anesthesia. Never practiced
(12) surgery.
(13) Q. Where were you practicing anesthesia?
(14) A. In Russia I was practicing from second
(15) part of '87 till '89 in the City Hospital.
(16) Q. Which hospital?
(17) A. Hospital called -- it was a specialized
(18) hospital for cardiovascular disease and I
(19) preliminary worked in open heart surgery department
(20) where I did anesthesia for open heart surgery.
(21) Q. What was the name of the hospital and does
(22) it still exist?
(23) A. It does still exist and the name of the
(24) hospital is City Hospital and they go by numbers.
(25) I can't really tell you what the number was back
Lexitas Court Reporting
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(1) I. Amigud, M.D.
(2) then and I can't tell you what the number of the
(3) hospital is now, but I can assure you that that
(4) hospital does exist.
(5) Q. Do you have some form of certificate of
(6) completion? Was that a continuing residency or
(7) that was just an employment?
(8) A. In former Soviet Union, they had different
(9) medical education system. Completely different
(10) from United States. It's hard for you to
(11) understand. The only problem is that in the former
(12) Soviet Union, they do not have formal residency at
(13) all. After you graduate medical school, you are
(14) specializing for one year in one particular
(15) specialty and then you work as a full fledge
(16) attending, but you are being supervised for three
(17) years by your peers and they make sure you are
(18) doing a good job, and you basically improve your
(19) clinical skills and get yourself mature to work
(20) independently. So basically oversight for almost
(21) three years after you do your internship.
(22) Q. Just for clarification, beginning in 1987,
(23) you started practicing at a hospital or some kind
(24) of medical facility, correct, and you were there
(25) for three years; is that correct?
Lexitas Court Reporting
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(1) I. Amigud, M.D.
(2) A. Less than three years. I started in '87
(3) and I left country by end of '89, so that was --
(4) Q. Somewhere between two and a half years,
(5) give or take a few months either way?
(6) A. Correct.
(7) Q. Did you complete that program?
(8) A. Again, there was no program. I started a
(9) job working as a junior anesthesiologist being
(10) supervised.
(11) Q. But you were supervised by senior
(12) attendings, right?
(13) A. Correct.
(14) Q. And at some point in time after a certain
(15) interval, were you -- did you go before a board or
(16) did you go before the senior attendings and get
(17) qualified and receive some sort of certificate or
(18) not be certified and not receive a certificate?
(19) Explain that to me.
(20) A. In the former Soviet Union, the system
(21) does not have this certification system. After you
(22) have been supervised by your senior physician for
(23) three, four years, they give you qualification that
(24) you are -- you can practice in this area and after
(25) that, they have different sort of certifications,
Lexitas Court Reporting
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FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023
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(1) I. Amigud, M.D.
(2) but that's only after you worked in the same place
(3) for more than five years. I started working in
(4) 1986, yes, and I left country in '89, so I did not
(5) make it there to get any sort of formal
(6) certification in the Soviet medical system.
(7) Q. After 1989, you came to the United States
(8) or where did you go after leaving Soviet Russia?
(9) A. In 1989, I left former Soviet Union and in
(10) 1990, I came to the United States.
(11) Q. Where?
(12) A. New York.
(13) Q. Let me ask you questions and just try to
(14) confine your answers to the questions I ask you.
(15) So when you came to the United States, did
(16) you set out to become licensed and take every step
Preview
FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 EXHIBIT I FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 1] March 28, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------- x BARBARA SACKAROFF, Plaintiff, Index No. 514577/20 -against- SUDHIR DIWAN, 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 PHYSICIAN, P.C., FIFTH AVENUE SURGERY CENTER, LLC, Defendants. ---------------------------------------------- x March 28, 2022 11:06 a.m. EXAMINATION BEFORE TRIAL VIA VIDEOCONFERENCE of the Defendant, IGOR AMIGUD, M.D., by the Plaintiff in the above-entitled action, held at the above date and time, pursuant to Order, taken via videoconference before Charissa Hromadka, a shorthand reporter and Notary Public within and for the State of New York. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 2] March 28, 2022 (1) A P P E A R A N C E S: (2) (3) (4) THE SELVIN LAW FIRM, PLLC (5) Attorneys for Plaintiff 3956 Merrick Road (6) Seaford, New York 11783 (7) BY: STEVEN FINKIN, ESQ., Of Counsel (VIA VIDEOCONFERENCE) (8) (9) KAUFMAN BORGEEST & RYAN, LLP Attorneys for Defendants (10) SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD, LLC, IGOR AMIGUD, M.D. and (11) IGOR AMIGUD PHYSICIAN, P.C. 120 Broadway, 14th Floor (12) New York, New York 10271 (13) BY: EDWARD DONDES, ESQ. (VIA VIDEOCONFERENCE) (14) (15) MARTIN, CLEARWATER & BELL Attorneys for Defendant (16) JANDE WEEKS, CRNA 220 East 42nd Street (17) New York, New York 10017 (18) BY: NICOLE BARRESI, ESQ. (VIA VIDEOCONFERENCE) (19) (20) MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Attorneys for Defendant (21) FIFTH AVENUE SURGERY CENTER, LLC 600 Third Avenue, 15th Floor (22) New York, New York 10016 (23) BY: MARCIA O. MITKOFF, ESQ. (VIA VIDEOCONFERENCE) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 3] March 28, 2022 (1) S T I P U L A T I O N S: (2) IT IS STIPULATED AND AGREED by and between the (3) attorneys for the respective parties herein, (4) and in compliance with Rule 221 of the Uniform Rules for the Trial Courts: (5) THAT the parties recognize the provision of (6) Rule 3115 subdivisions (b), (c) and/or (d). All objections made at a deposition shall be (7) noted by the officer before whom the deposition is taken, and the answer shall be given and the deposition (8) shall proceed subject to the objections and to the right of a person to apply for appropriate relief (9) pursuant to Article 31 of the C.P.L.R.; (10) THAT every objection raised during a deposition shall be stated succinctly and framed so as not to suggest an (11) answer to the deponent and, at the request of the questioning attorney, shall include a clear statement (12) 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 with the (15) questioning. (16) THAT a deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right (17) of confidentiality, (ii) to enforce a limitation set forth in an order of a court, or (iii) when the (18) question is plainly improper and would, if answered, cause significant prejudice to any person. An attorney (19) shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. Any (20) refusal to answer or direction not to answer shall be accompanied by a succinct and clear statement on the (21) basis therefore. If the deponent does not answer a question, the examining party shall have the right to (22) complete the remainder of the deposition. (23) (24) THAT an attorney shall not interrupt the deposition for the purpose of communicating (25) with the deponent unless all parties consent or the Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 4] March 28, 2022 (1) whether the question should not be answered on the (2) grounds set forth in Section 221.2 of these rules, and, (3) in such event, the reason for the communication shall be stated for the record succinctly and clearly. (4) THAT the failure to object to any question or (5) to move to strike any testimony at this examination shall not be a bar or waiver to (6) make such objection or motion at the time of the trial of this action, and is hereby reserved; and (7) THAT this examination may be signed and sworn (8) to by the witness examined herein before any Notary Public, but the failure to do so or to (9) return the original of the examination to the attorney on whose behalf the examination is (10) taken, shall not be deemed a waiver of the rights provided by Rule 3116 and 3117 of the (11) C.P.L.R, and shall be controlled thereby; and (12) THAT the certification and filing of the original of this examination are hereby waived; and (13) THAT the questioning attorney shall provide (14) counsel for the witness examined herein with a copy of this examination at no charge. (15) (16) IT IS HEREBY STIPULATED AND AGREED by and (17) between counsel for all parties present that pursuant to CPLR section 3113(d) this deposition (18) is to be conducted by video conference, that the court reporter, all counsel, and the witness are (19) all in separate remote locations and participating via videoconference (LegalView/Zoom/WebEx) meeting (20) under the control of Lexitas Court Reporting Service, that the officer administering the oath (21) to the witness need not be in the place of the deposition and the witness shall be sworn in (22) remotely by the court reporter after confirming the witness’s identity, that this videoconference will (23) not be recorded in any manner and that any recording without the express written consent of all parties (24) shall be considered unauthorized, in violation of law, and shall not be used for any purpose in this (25) litigation or otherwise. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 5] March 28, 2022 (1) (2) IT IS FURTHER STIPULATED that exhibits may be (3) marked by the attorney presenting the exhibit to the (4) witness, and that a copy of any exhibit presented to a witness shall be Emailed to or otherwise in possession (5) of all counsel prior to any questioning of a witness regarding the exhibit in question. All parties shall (6) bear their own costs in the conduct of this deposition by video conference, not withstanding the obligation by (7) CPLR to supply a copy of the transcript to the deposed party by the taking party in civil litigation matters. (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 6] March 28, 2022 (1) (2) I G O R A M I G U D, M. D., the witness herein, (3) having been first duly sworn before a Notary Public (4) of the State of New York, was examined and testified (5) as follows: (6) EXAMINATION BY (7) MR. FINKIN: (8) Q. Please state your name for the record. (9) A. Igor Amigud, M.D. (10) Q. Please state your business address for the (11) record. (12) A. 1049 5th Avenue, New York, New York 10028. (13) (Whereupon, a three-page medical (14) record was marked as Plaintiff's Exhibit (15) 1, for identification, as of this date.) (16) MR. FINKIN: Will you accept (17) service at the time of trial, if (18) necessary? (19) MR. DONDES: We will accept (20) service. (21) Q. Doctor, my name is Steve Finkin and I am (22) of counsel to The Selvin Law Firm who represents (23) Barbara Sackaroff in a suit that she's brought (24) against multiple defendants including yourself and (25) I'm going to ask you about questions relating to Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 7] March 28, 2022 (1) I. Amigud, M.D. (2) her anesthetic care on January 7th, possibly prior (3) to that, possibly subsequent to that date, January (4) 7, 2020. (5) I would ask that you allow me to finish my (6) question before you give a response even if you (7) anticipate what I'm going to ask you. The reason (8) being that the court reporter has to take down if (9) we speak over each other simultaneously question (10) answer. All your responses need to be verbal. Is (11) that okay with you? (12) A. Absolutely. (13) Q. If for any reason you need a break, if (14) there's an emergency or you are getting a call from (15) the medical center, just take the break. If it's (16) for something nonmedical, non-emergent, I would ask (17) before you take the break or ask to speak with your (18) attorney, that you answer the question that's been (19) posed, give a response and then you can take a (20) break. Is that okay with you? (21) A. Okay. (22) Q. If a question is asked of you and you (23) don't understand a question, you don't understand (24) my syntax or you don't understand the way I (25) formulated the question, just indicate that to me Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 8] March 28, 2022 (1) I. Amigud, M.D. (2) and I will do my very best to ask it in a form that (3) is understandable to you. Okay? (4) A. Okay. (5) Q. It's perfectly acceptable in giving a (6) response, nobody wants you to guess. Don't guess. (7) If you can make an approximate to a question that's (8) asked of you, then make that approximation and if (9) you can do it with some level of confidence. If (10) you are just answering the question because the (11) question is asked and you really have no (12) recollection, it's better to say, I don't know, I (13) don't recall, I have no recollection. Is that (14) okay? (15) A. Great. (16) Q. Let's start by going over your -- (17) beginning with medical school, where did you begin (18) medical, where did you graduate? (19) A. I started my medical school in 1980 in (20) former Soviet Union, Russian Federation now, a city (21) called Kuybyshev and graduated in former Soviet (22) Union same medical school in 1986. (23) Q. In Russia? (24) A. In Russia. (25) Q. And what part of Russia? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 9] March 28, 2022 (1) I. Amigud, M.D. (2) A. It's part of Russian Federation, not the (3) republic of any sort. It's just Russia, Russia. (4) Q. Russia, Russia, okay. (5) Your education from 1980 to 1986, did that (6) include any kind of residency or the equivalent of (7) an internship residency or specialty? (8) A. No. (9) Q. Was there a particular area of medicine (10) that you specialized or studied in? (11) A. Six years of medical school in the Russian (12) system you do sub internship, which basically (13) projects your future specialty and I took surgery (14) in 1985 and graduated in 1986. (15) Q. I am having difficulty hearing you. I (16) don't know if anybody else is. (17) MR. DONDES: It might be on your (18) end. (19) A. I can speak louder. (20) Q. That would help me. I'm on an iPhone (21) right now so I am having some difficulty hearing (22) you. (23) A. Sorry about that. (24) Q. So in 1985 did you say that you started to (25) rotate or involve yourself in the surgical program? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 10] March 28, 2022 (1) I. Amigud, M.D. (2) A. Correct. (3) Q. And you did that from 1985 until 1986 -- (4) A. Yes. (5) Q. -- when you completed? (6) A. Yes. (7) Q. What did you do after graduation from the (8) medical school? (9) A. I did one year of internship in surgery. (10) Q. Where? (11) A. In city of Orlov. This is Russian (12) Federation. I was -- I took a job in a rural place (13) in the vicinity of a city Orlov. (14) Q. The city of what? (15) A. Orlov, Orlov. That's what the city is (16) called. (17) Q. Can you spell it? (18) A. O, as in Oswald, R, as in Robert, L, as in (19) Leo, O, as in Oswald, V, as in Victor. (20) Q. And that was a one-year residency, (21) correct? (22) A. Internship. (23) Q. And then what was the next thing -- you (24) completed that successfully? (25) A. Correct. Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 11] March 28, 2022 (1) I. Amigud, M.D. (2) Q. And that was in what year? (3) A. That was '97 -- I'm sorry, I apologize, (4) '87. (5) Q. And then what was the next thing you did (6) educationally? (7) A. I moved back to my hometown and I took -- (8) Q. Your hometown being where? (9) A. Hometown city of Kuybyshev and I took a (10) half year internship in anesthesia and after that, (11) I was practicing anesthesia. Never practiced (12) surgery. (13) Q. Where were you practicing anesthesia? (14) A. In Russia I was practicing from second (15) part of '87 till '89 in the City Hospital. (16) Q. Which hospital? (17) A. Hospital called -- it was a specialized (18) hospital for cardiovascular disease and I (19) preliminary worked in open heart surgery department (20) where I did anesthesia for open heart surgery. (21) Q. What was the name of the hospital and does (22) it still exist? (23) A. It does still exist and the name of the (24) hospital is City Hospital and they go by numbers. (25) I can't really tell you what the number was back Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 12] March 28, 2022 (1) I. Amigud, M.D. (2) then and I can't tell you what the number of the (3) hospital is now, but I can assure you that that (4) hospital does exist. (5) Q. Do you have some form of certificate of (6) completion? Was that a continuing residency or (7) that was just an employment? (8) A. In former Soviet Union, they had different (9) medical education system. Completely different (10) from United States. It's hard for you to (11) understand. The only problem is that in the former (12) Soviet Union, they do not have formal residency at (13) all. After you graduate medical school, you are (14) specializing for one year in one particular (15) specialty and then you work as a full fledge (16) attending, but you are being supervised for three (17) years by your peers and they make sure you are (18) doing a good job, and you basically improve your (19) clinical skills and get yourself mature to work (20) independently. So basically oversight for almost (21) three years after you do your internship. (22) Q. Just for clarification, beginning in 1987, (23) you started practicing at a hospital or some kind (24) of medical facility, correct, and you were there (25) for three years; is that correct? Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 13] March 28, 2022 (1) I. Amigud, M.D. (2) A. Less than three years. I started in '87 (3) and I left country by end of '89, so that was -- (4) Q. Somewhere between two and a half years, (5) give or take a few months either way? (6) A. Correct. (7) Q. Did you complete that program? (8) A. Again, there was no program. I started a (9) job working as a junior anesthesiologist being (10) supervised. (11) Q. But you were supervised by senior (12) attendings, right? (13) A. Correct. (14) Q. And at some point in time after a certain (15) interval, were you -- did you go before a board or (16) did you go before the senior attendings and get (17) qualified and receive some sort of certificate or (18) not be certified and not receive a certificate? (19) Explain that to me. (20) A. In the former Soviet Union, the system (21) does not have this certification system. After you (22) have been supervised by your senior physician for (23) three, four years, they give you qualification that (24) you are -- you can practice in this area and after (25) that, they have different sort of certifications, Lexitas Court Reporting 800-678-0166 FILED: KINGS COUNTY CLERK 01/16/2023 09:29 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 01/16/2023 [Page 14] March 28, 2022 (1) I. Amigud, M.D. (2) but that's only after you worked in the same place (3) for more than five years. I started working in (4) 1986, yes, and I left country in '89, so I did not (5) make it there to get any sort of formal (6) certification in the Soviet medical system. (7) Q. After 1989, you came to the United States (8) or where did you go after leaving Soviet Russia? (9) A. In 1989, I left former Soviet Union and in (10) 1990, I came to the United States. (11) Q. Where? (12) A. New York. (13) Q. Let me ask you questions and just try to (14) confine your answers to the questions I ask you. (15) So when you came to the United States, did (16) you set out to become licensed and take every step