Preview
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
EXHIBIT I
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------- --------x
JOSE EDUARDO GOMEZ,
Plaintiff,
-against-
Index No.:
700005/20
108 REALTY GROUP, INC.,
Defendant.
----------------------------------- --------x
108 REALTY GROUP, INC.,
Third-Party Plaintiff,
-against-
LNK AUTO CENTER, CORP.,
Third-Party Defendant.
ORIGINAL
----------------------------------- --------x
DATE: July 7, 2021
TIME: 11:08 a.m.
DEPOSITION of the Plaintiff ,
JOSE GOMEZ, taken by the Defendant, pursuant to a
Notice, held via videoconference, before Rosaria
Amato Giordano, a Notary Public of the State of New
York.
U. S. Legal Support I www.uslega lsupport.com
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
1 APPEARANC ES:
2
SALERNO & GOLDBERG, P.C.
3 Attorneys for the Plaintiff
JOSE GOMEZ
4 1955 Deer Park Avenue
Deer Park, New York 11729
5 BY: CHLOE SIMMONS, ESQ.
6
McMAHON, MARTINE & GALLAGHER, LLP
7 Attorneys for the Defendant
108 REALTY GROUP, INC.
8 55 Washington Street, 7th Floor
Brooklyn, New York 11201
9 BY: DANIEL REISER, ESQ.
File#: 994.0057
10
11
12 ALSO PRESENT:
ANA AQUINO - Spanish Interpreter
13 * * *
14
15
16
17
18
19
20
21
22
23
24
25
U.S. Legal Support I www.uslegalsupport.c om 2
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2
221 . 1 Objections at Depositions
3 (a) Objections in general. No objections
shall be made at a deposition except those which,
4 pursuant to subdivision (b), (c) or (d) of Rule 3115
of the Civil Practice Law and Rules, would be waived
5 if not interposed, and except in compliance with
subdivision (e) of such rule . All objections made
6 at a deposition shall be noted by the officer before
whom the deposition is taken, and the answer shall
7 be given and the deposition shall proceed subject to
the objections and to the right of a person to apply
8 for appropriate relief pursuant to Article 31 of the
CPLR .
9
(b) Speaking objections restricted .
10 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
12 statement as to any defect in form or other basis of
error or irregularity. Except to the extent
13 permitted by CPLR Rule 3115 or by this rule, during
the course of the examination persons in attendance
14 shall not make statements or comments that interfere
with the questioning .
15
221.2 Refusal to answer when objection is made
16 A deponent shall answer all questions at a
deposition, e x cept (i) to preserve a privilege or
17 right of confidentiality, (ii) to enforce a
limitation set forth in an order of the court , or
18 (iii) when the question is plainly improper and
would, if answered, cause significant prejudice to
19 any person. An attorney shall not direct a deponent
not to answer e x cept as provided in CPLR Rule 3115
20 or this subdivision. Any refusal to answer or
direction not to answer shall be accompanied by a
21 succinct and clear statement of the basis therefor.
If the deponent does not answer a question, the
22 examining party shall have the right to complete the
remainder of the deposition.
23
24
25
U. S. Legal Support I www. uslegalsupport.com 3
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
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 with the
4 deponent unless all parties consent or the
communication is made for the purpose of determining
5 whether the question should not be answered on the
grounds set forth in section 221.2 of these rules
6 and, in such event, the reason for the communication
shall be stated for the record succinctly and
7 clearly.
8
9
IT IS FURTHER STIPULATED AND AGREED that
10 the transcript may be signed before any Notary
Public with the same force and effect as if signed
11 before a clerk or a Judge of the court.
12
IT IS FURTHER STIPULATED AND AGREED that
13 the examination before trial may be utilized for all
purposes as provided by the CPLR.
14
15 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
16 cannot be deemed waived and the appropriate sections
of the CPLR shall be controlling with respect
17 hereto.
18
IT IS FURTHER STIPULATED AND AGREED by and
19 between the attorneys for the respective parties
hereto that a copy of this examination shall be
20 furnished, without charge, to the attorneys
representing the witness testifying herein.
21
22
23
24
25
U. S . Legal Support I www.uslegalsupport.com 4
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 AN A A QUIN 0, was duly sworn to interpret the
2 questions from English into Spanish, and the answers
3 from Spanish into English.
4 JOSE EDUARDO GOMEZ, called as a
5 witness, having been duly sworn by a Notary Public,
6 was examined and testified through the interpreter
7 as follows:
8 EXAMINATION BY
9 MR REISER:
10 Q. State your name for the record, please.
11 A. Jose Eduardo Gomez.
12 Q. State your address for the record, please.
13 A
14
15 Q Good morning, Mr. Gomez. My name is
16 Daniel Reiser, and I'm with the Law Firm of McMahon,
17 Martine and Gallagher, LLP . I represent 108 Realty
18 Group in this lawsuit that you brought which stems
19 from an accident that allegedly occurred November 9,
20 2019.
21 A Yes.
22 Q Before we get started just a couple of
23 basic ground rules to go over. If at any time you
24 don't understand my question, please let me know and
25 I'll rephrase the question for you, but if you do
U.S. Legal Support I www.uslegalsupport.com 5
FILED: QUEENS COUNTY CLERK 06/17/2022
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03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 answer the question, then I'll assume you understood
2 it.
3 A Okay.
4 Q Please keep all of your responses verbal
5 because we have a court reporter here, who is taking
6 down everything that's being said and she can't take
7 down head nods or hand gestures.
8 A Okay.
9 Q At times, you may anticipate my question
10 before I finish asking it, but I ask that you wait
11 until I fully finish asking the question before you
12 begin to answer the question. Again, that's for the
13 benefit of the court reporter.
14 A Okay.
15 Q If you need to take a break at any time,
16 I'm more than happen to accommodate you, I just ask
17 that if there is a pending question, you answer that
18 question and then we can take a break.
19 A Okay.
20 Q We have a translator here, she's going to
21 translate my questions from English to Spanish and
22 Spanish to English, so please keep all of your
23 answers in Spanish.
24 A Okay.
25 Q Are you having any difficulty
U.S. Legal Support I www.uslegalsupport.com 6
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 understanding the interpreter due to dialect or
2 anything?
3 A No, it's fine.
4 Q Your name is Jose Eduardo Gomez, have you
5 ever been known by any other names?
6 A No.
7 Q Have you taken any medications in the past
8 24 hours?
9 A I have not taken any _medications, but I
10 have put four different drugs in my eyes.
11 Q Are those eyedrops?
12 A Yes.
13 Q Are they prescription?
14 A Of course, yes.
15 Q Do you know the names of the drugs?
16 A No.
17 Q Who prescribed them for you?
18 A My doctor, Dr. Romero.
19 Q Have you ever been deposed before today?
20 A Yes.
21 Q Was that testimony in connection with this
22 lawsuit?
23 A No.
24 Q What was that in connection with, when you
25 were deposed before?
U.S. Legal Support I www.uslegalsupport.com 7
FILED: QUEENS COUNTY CLERK 06/17/2022
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03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 A I don't remember, but I do remember I have
2 been deposed.
3 Q Did you review anything in preparation for
4 your testimony today?
5 A No.
6 Q I think you gave -- your current address
7 is 4237 Hampton Street, Apartment 3D in Elmhurst,
8 Queens; is that correct?
9 A Yes.
10 Q How long have you lived at that the
11 address for?
12 A Like 15 or 16 years.
13 Q Do you live with anybody?
14 A Yes, with my family.
15 Q Who does your family consist of?
16 A With my children.
17 Q How many children do you live with?
18 A With two.
19 Q What are their ages?
20 A Sevent een and 24.
21 Q The 17 year old, is that a boy or girl?
22 A A boy.
23 Q What is his name?
24 MR. REISER: You can just put the initials
25 on the record.
U.S. Legal Support I www.uslegalsupport.com 8
FILED: QUEENS COUNTY CLERK 06/17/2022
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03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 A K.G.
2 Q The 24 year old, is that a boy or girl?
3 A L.G.
4 Q Do you have any other children other than
5 K. and L.?
6 A Yes, I have three more.
7 Q What are their ages?
8 A Like 26.
9 Q All three of them are approximately 26?
10 A One of them is 26, the other two are 28
11 and 29, around there.
12 Q What is the name of the 26 year old?
13 A One is named like me J.E.
14 Q Is that the 26 year old?
15 A No, he's like 28.
16 Q What is the name of the 26 year old?
17 A N.
18 Q How do you spell that?
19 A N-X-X-X-X-X-X.
20 Q What's the name of the 29 year old?
21 A E.M.G.
22 Q Do all five of these children have the
23 same mother?
24 A No.
25 Q Who is the mother of K?
U.S. Legal Support I www.uslegalsupport.com 9
FILED: QUEENS COUNTY CLERK 06/17/2022
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03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 A Saeda.
2 Q Who is the mother of L?
3 A Saeda.
4 Q What about N?
5 A Saeda.
6 Q What about J?
7 A Annie.
8 Q And E.M .
9 A Daisy . .
10 Q Mr. Gomez, what is your date of birth?
11 A xx-xx-xxxx.
12 MISS SIMMONS: Put all X's on the
13 transcript, please.
14 Q Do you have a social security number?
15 A Yes.
16 Q What is that?
17 MR. REISER: Last four on the record.
18 A Right now, I do not know it by memory. I
19 would have to look for it and right now I do not
20 know where it is.
21 Q Where were you born?
22 A Santo Domingo.
23 Q When did you first come to the United
24 States?
25 A I have 29 years that I came.
U.S. Legal Support I www.uslegalsupport.com 10
FILED: QUEENS COUNTY CLERK 06/17/2022
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NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
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Jose Gomez
July 07, 2021
J. GOMEZ
1 Q About 29 years ago you came to the U.S.?
2 A Yes.
3 Q When you came to the United States, did
4 you come directly to New York or did you live in
5 another state?
6 A No, only to New York.
7 Q Are you now a citizen of the United
8 States?
9 A No.
10 Q What's your immigration status, are you
11 here on a green card?
12 A Yes.
13 Q Approximately when did you first get that
14 green card?
15 A I have like 20 -something years with it.
16 Q What is your approximate height and
17 weight?
18 A Like five, six and my weight is 140.
19 Q Did you weigh approximately the same on
20 Nov ember 9th of 2019?
21 A No.
22 Q Did you weigh more or less on November 9,
23 2019?
24 A Less.
25 Q Are you right or left-handed?
U.S . Legal Support I www.uslegalsupport.com 11
FILED: QUEENS COUNTY CLERK 06/17/2022
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NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 A The right.
2 Q Prior to the accident did you ever wear
3 prescription contact lenses or eyeglasses?
4 A Only to read.
5 Q Were those prescription glasses that you
6 used to read?
7 A Yes .
8 Q Do you remember the name of the doctor
9 that prescribed those?
10 A No.
11 Q I see that you're wearing sunglasses right
12 now, is there any particular reason why?
13 A Because I can not look at the light of the
14 phone or anything that's light because I have a very
15 bad reaction to it.
16 Q Would you mind taking them off for just
17 one second?
18 A (Witness complied.)
19 Q Have you ever been convicted of any
20 crimes?
21 A Yes.
22 Q When was that conviction?
23 A Three or four years ago.
24 Q What was the conviction for?
25 A Because an application that I sent to DMV.
U.S. Legal Support I www.uslegalsupport.com 12
FILED: QUEENS COUNTY CLERK 06/17/2022
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NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 The person that filled it out for me, filled it out
2 wrong and that's why I had a problem.
3 Q So was it fraud that you were convicted
4 of?
5 A I do not know how to say exactly what it
6 was really.
7 Q Do you remember what the purpose of that
8 DMV application was?
9 A That was to renew a license that I had .
10 Q Have you ever been married before?
11 A Yes, I was married for like 20 years.
12 Q Who were you married to?
13 A With Marcelina.
14 Q What is her last name?
15 A I don't remember right now .
16 Q Is she the mother of any of your children?
17 A No .
18 Q Do you remember approximately when you and
19 Marcelina got married?
20 A That was like 20 years ago .
21 Q Are you still married to her?
22 A No.
23 Q When did you get divorced?
24 A It's been a long time, but I don't
25 remember.
U. S. Legal Support I www.uslegalsupport.com 13
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 Q Is Marcelina the only person that you have
2 ever been married to?
3 A Yes .
4 Q You're not currently married, right?
5 A No.
6 Q What is your highest level of education?
7 A Like third grade.
8 Q Was that in Santo Domingo?
9 A Yes.
10 Q Do you have the any professional licenses?
11 A No.
12 Q Are you currently employed?
13 A No.
14 Q When was the last time that you were
15 employed?
16 A When I had the problem, I have not been
17 employed since then.
18 Q Have you worked at all since the date of
19 the accident on November 9, 2019?
20 A Yes.
21 MISS SIMMONS : I don't think he understood
22 the question.
23 Q Mr. Gomez, have you worked at all since
24 the date of your accident November 9, 2019?
25 A No .
U.S . Legal Support I www. uslegalsupport.com 14
FILED: QUEENS COUNTY CLERK 06/17/2022
11/10/2022 07:27
03:59 PM INDEX NO. 700005/2020
NYSCEF DOC. NO. 58
90 RECEIVED NYSCEF: 06/17/2022
11/10/2022
Jose Gomez
July 07, 2021
J. GOMEZ
1 Q Who was your employer on November 9, 2019?
2 A Saeda.
3 Q Saeda is the mother of K., L. and S.,
4 correct?
5 A Yes.
6 Q How do you spell Saeda?
7 A It's with a C.
8 Q How do you spell the complete name?
9 A s-z
10 MISS SIMMONS: If you don't
Preview
FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 EXHIBIT I FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------- --------x JOSE EDUARDO GOMEZ, Plaintiff, -against- Index No.: 700005/20 108 REALTY GROUP, INC., Defendant. ----------------------------------- --------x 108 REALTY GROUP, INC., Third-Party Plaintiff, -against- LNK AUTO CENTER, CORP., Third-Party Defendant. ORIGINAL ----------------------------------- --------x DATE: July 7, 2021 TIME: 11:08 a.m. DEPOSITION of the Plaintiff , JOSE GOMEZ, taken by the Defendant, pursuant to a Notice, held via videoconference, before Rosaria Amato Giordano, a Notary Public of the State of New York. U. S. Legal Support I www.uslega lsupport.com FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 1 APPEARANC ES: 2 SALERNO & GOLDBERG, P.C. 3 Attorneys for the Plaintiff JOSE GOMEZ 4 1955 Deer Park Avenue Deer Park, New York 11729 5 BY: CHLOE SIMMONS, ESQ. 6 McMAHON, MARTINE & GALLAGHER, LLP 7 Attorneys for the Defendant 108 REALTY GROUP, INC. 8 55 Washington Street, 7th Floor Brooklyn, New York 11201 9 BY: DANIEL REISER, ESQ. File#: 994.0057 10 11 12 ALSO PRESENT: ANA AQUINO - Spanish Interpreter 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 U.S. Legal Support I www.uslegalsupport.c om 2 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221 . 1 Objections at Depositions 3 (a) Objections in general. No objections shall be made at a deposition except those which, 4 pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived 5 if not interposed, and except in compliance with subdivision (e) of such rule . All objections made 6 at a deposition shall be noted by the officer before whom the deposition is taken, and the answer shall 7 be given and the deposition shall proceed subject to the objections and to the right of a person to apply 8 for appropriate relief pursuant to Article 31 of the CPLR . 9 (b) Speaking objections restricted . 10 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 12 statement as to any defect in form or other basis of error or irregularity. Except to the extent 13 permitted by CPLR Rule 3115 or by this rule, during the course of the examination persons in attendance 14 shall not make statements or comments that interfere with the questioning . 15 221.2 Refusal to answer when objection is made 16 A deponent shall answer all questions at a deposition, e x cept (i) to preserve a privilege or 17 right of confidentiality, (ii) to enforce a limitation set forth in an order of the court , or 18 (iii) when the question is plainly improper and would, if answered, cause significant prejudice to 19 any person. An attorney shall not direct a deponent not to answer e x cept as provided in CPLR Rule 3115 20 or this subdivision. Any refusal to answer or direction not to answer shall be accompanied by a 21 succinct and clear statement of the basis therefor. If the deponent does not answer a question, the 22 examining party shall have the right to complete the remainder of the deposition. 23 24 25 U. S. Legal Support I www. uslegalsupport.com 3 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 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 with the 4 deponent unless all parties consent or the communication is made for the purpose of determining 5 whether the question should not be answered on the grounds set forth in section 221.2 of these rules 6 and, in such event, the reason for the communication shall be stated for the record succinctly and 7 clearly. 8 9 IT IS FURTHER STIPULATED AND AGREED that 10 the transcript may be signed before any Notary Public with the same force and effect as if signed 11 before a clerk or a Judge of the court. 12 IT IS FURTHER STIPULATED AND AGREED that 13 the examination before trial may be utilized for all purposes as provided by the CPLR. 14 15 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 16 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with respect 17 hereto. 18 IT IS FURTHER STIPULATED AND AGREED by and 19 between the attorneys for the respective parties hereto that a copy of this examination shall be 20 furnished, without charge, to the attorneys representing the witness testifying herein. 21 22 23 24 25 U. S . Legal Support I www.uslegalsupport.com 4 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 AN A A QUIN 0, was duly sworn to interpret the 2 questions from English into Spanish, and the answers 3 from Spanish into English. 4 JOSE EDUARDO GOMEZ, called as a 5 witness, having been duly sworn by a Notary Public, 6 was examined and testified through the interpreter 7 as follows: 8 EXAMINATION BY 9 MR REISER: 10 Q. State your name for the record, please. 11 A. Jose Eduardo Gomez. 12 Q. State your address for the record, please. 13 A 14 15 Q Good morning, Mr. Gomez. My name is 16 Daniel Reiser, and I'm with the Law Firm of McMahon, 17 Martine and Gallagher, LLP . I represent 108 Realty 18 Group in this lawsuit that you brought which stems 19 from an accident that allegedly occurred November 9, 20 2019. 21 A Yes. 22 Q Before we get started just a couple of 23 basic ground rules to go over. If at any time you 24 don't understand my question, please let me know and 25 I'll rephrase the question for you, but if you do U.S. Legal Support I www.uslegalsupport.com 5 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 answer the question, then I'll assume you understood 2 it. 3 A Okay. 4 Q Please keep all of your responses verbal 5 because we have a court reporter here, who is taking 6 down everything that's being said and she can't take 7 down head nods or hand gestures. 8 A Okay. 9 Q At times, you may anticipate my question 10 before I finish asking it, but I ask that you wait 11 until I fully finish asking the question before you 12 begin to answer the question. Again, that's for the 13 benefit of the court reporter. 14 A Okay. 15 Q If you need to take a break at any time, 16 I'm more than happen to accommodate you, I just ask 17 that if there is a pending question, you answer that 18 question and then we can take a break. 19 A Okay. 20 Q We have a translator here, she's going to 21 translate my questions from English to Spanish and 22 Spanish to English, so please keep all of your 23 answers in Spanish. 24 A Okay. 25 Q Are you having any difficulty U.S. Legal Support I www.uslegalsupport.com 6 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 understanding the interpreter due to dialect or 2 anything? 3 A No, it's fine. 4 Q Your name is Jose Eduardo Gomez, have you 5 ever been known by any other names? 6 A No. 7 Q Have you taken any medications in the past 8 24 hours? 9 A I have not taken any _medications, but I 10 have put four different drugs in my eyes. 11 Q Are those eyedrops? 12 A Yes. 13 Q Are they prescription? 14 A Of course, yes. 15 Q Do you know the names of the drugs? 16 A No. 17 Q Who prescribed them for you? 18 A My doctor, Dr. Romero. 19 Q Have you ever been deposed before today? 20 A Yes. 21 Q Was that testimony in connection with this 22 lawsuit? 23 A No. 24 Q What was that in connection with, when you 25 were deposed before? U.S. Legal Support I www.uslegalsupport.com 7 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 A I don't remember, but I do remember I have 2 been deposed. 3 Q Did you review anything in preparation for 4 your testimony today? 5 A No. 6 Q I think you gave -- your current address 7 is 4237 Hampton Street, Apartment 3D in Elmhurst, 8 Queens; is that correct? 9 A Yes. 10 Q How long have you lived at that the 11 address for? 12 A Like 15 or 16 years. 13 Q Do you live with anybody? 14 A Yes, with my family. 15 Q Who does your family consist of? 16 A With my children. 17 Q How many children do you live with? 18 A With two. 19 Q What are their ages? 20 A Sevent een and 24. 21 Q The 17 year old, is that a boy or girl? 22 A A boy. 23 Q What is his name? 24 MR. REISER: You can just put the initials 25 on the record. U.S. Legal Support I www.uslegalsupport.com 8 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 A K.G. 2 Q The 24 year old, is that a boy or girl? 3 A L.G. 4 Q Do you have any other children other than 5 K. and L.? 6 A Yes, I have three more. 7 Q What are their ages? 8 A Like 26. 9 Q All three of them are approximately 26? 10 A One of them is 26, the other two are 28 11 and 29, around there. 12 Q What is the name of the 26 year old? 13 A One is named like me J.E. 14 Q Is that the 26 year old? 15 A No, he's like 28. 16 Q What is the name of the 26 year old? 17 A N. 18 Q How do you spell that? 19 A N-X-X-X-X-X-X. 20 Q What's the name of the 29 year old? 21 A E.M.G. 22 Q Do all five of these children have the 23 same mother? 24 A No. 25 Q Who is the mother of K? U.S. Legal Support I www.uslegalsupport.com 9 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 A Saeda. 2 Q Who is the mother of L? 3 A Saeda. 4 Q What about N? 5 A Saeda. 6 Q What about J? 7 A Annie. 8 Q And E.M . 9 A Daisy . . 10 Q Mr. Gomez, what is your date of birth? 11 A xx-xx-xxxx. 12 MISS SIMMONS: Put all X's on the 13 transcript, please. 14 Q Do you have a social security number? 15 A Yes. 16 Q What is that? 17 MR. REISER: Last four on the record. 18 A Right now, I do not know it by memory. I 19 would have to look for it and right now I do not 20 know where it is. 21 Q Where were you born? 22 A Santo Domingo. 23 Q When did you first come to the United 24 States? 25 A I have 29 years that I came. U.S. Legal Support I www.uslegalsupport.com 10 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 Q About 29 years ago you came to the U.S.? 2 A Yes. 3 Q When you came to the United States, did 4 you come directly to New York or did you live in 5 another state? 6 A No, only to New York. 7 Q Are you now a citizen of the United 8 States? 9 A No. 10 Q What's your immigration status, are you 11 here on a green card? 12 A Yes. 13 Q Approximately when did you first get that 14 green card? 15 A I have like 20 -something years with it. 16 Q What is your approximate height and 17 weight? 18 A Like five, six and my weight is 140. 19 Q Did you weigh approximately the same on 20 Nov ember 9th of 2019? 21 A No. 22 Q Did you weigh more or less on November 9, 23 2019? 24 A Less. 25 Q Are you right or left-handed? U.S . Legal Support I www.uslegalsupport.com 11 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 A The right. 2 Q Prior to the accident did you ever wear 3 prescription contact lenses or eyeglasses? 4 A Only to read. 5 Q Were those prescription glasses that you 6 used to read? 7 A Yes . 8 Q Do you remember the name of the doctor 9 that prescribed those? 10 A No. 11 Q I see that you're wearing sunglasses right 12 now, is there any particular reason why? 13 A Because I can not look at the light of the 14 phone or anything that's light because I have a very 15 bad reaction to it. 16 Q Would you mind taking them off for just 17 one second? 18 A (Witness complied.) 19 Q Have you ever been convicted of any 20 crimes? 21 A Yes. 22 Q When was that conviction? 23 A Three or four years ago. 24 Q What was the conviction for? 25 A Because an application that I sent to DMV. U.S. Legal Support I www.uslegalsupport.com 12 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 The person that filled it out for me, filled it out 2 wrong and that's why I had a problem. 3 Q So was it fraud that you were convicted 4 of? 5 A I do not know how to say exactly what it 6 was really. 7 Q Do you remember what the purpose of that 8 DMV application was? 9 A That was to renew a license that I had . 10 Q Have you ever been married before? 11 A Yes, I was married for like 20 years. 12 Q Who were you married to? 13 A With Marcelina. 14 Q What is her last name? 15 A I don't remember right now . 16 Q Is she the mother of any of your children? 17 A No . 18 Q Do you remember approximately when you and 19 Marcelina got married? 20 A That was like 20 years ago . 21 Q Are you still married to her? 22 A No. 23 Q When did you get divorced? 24 A It's been a long time, but I don't 25 remember. U. S. Legal Support I www.uslegalsupport.com 13 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 Q Is Marcelina the only person that you have 2 ever been married to? 3 A Yes . 4 Q You're not currently married, right? 5 A No. 6 Q What is your highest level of education? 7 A Like third grade. 8 Q Was that in Santo Domingo? 9 A Yes. 10 Q Do you have the any professional licenses? 11 A No. 12 Q Are you currently employed? 13 A No. 14 Q When was the last time that you were 15 employed? 16 A When I had the problem, I have not been 17 employed since then. 18 Q Have you worked at all since the date of 19 the accident on November 9, 2019? 20 A Yes. 21 MISS SIMMONS : I don't think he understood 22 the question. 23 Q Mr. Gomez, have you worked at all since 24 the date of your accident November 9, 2019? 25 A No . U.S . Legal Support I www. uslegalsupport.com 14 FILED: QUEENS COUNTY CLERK 06/17/2022 11/10/2022 07:27 03:59 PM INDEX NO. 700005/2020 NYSCEF DOC. NO. 58 90 RECEIVED NYSCEF: 06/17/2022 11/10/2022 Jose Gomez July 07, 2021 J. GOMEZ 1 Q Who was your employer on November 9, 2019? 2 A Saeda. 3 Q Saeda is the mother of K., L. and S., 4 correct? 5 A Yes. 6 Q How do you spell Saeda? 7 A It's with a C. 8 Q How do you spell the complete name? 9 A s-z 10 MISS SIMMONS: If you don't