Preview
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
1
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
2 ----------------------------------------------------------X
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN,
3
PLAINTIFF,
4
-against- Index No.:
5 150253/2017
6 THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION and CONSOLIDATED EDISON COMPANY OF NEW YORK,
7 INC.,
8 DEFENDANTS.
__________________________________________________________Ç
9
10 DATE: July 12, 2017
11 TIME: 10:24 A.M.
12
13 EXAMINATION BEFORE TRIAL of the Plaintiff,
14. JEFFREY GOLDSTEIN, taken by the Defendants, pursuant to an
15 order, held at the offices of the New York City Law
16 Department, 52 Duane Street, New York, New York 10007,
17 before Kevin Haghnazari, a Notary Public of the State of
18 New York.
19
20
21
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
1
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
2
1 A P P E A R A N C E S:
2
3 LERNER, ARNOLD & WINSTON, LLP
Attorneys for the Plaintiff
4 JEFFREY GOLDSTEIN
457 Park Avenue South, 28th Floor
5 New York, New York 10016
BY: CHARLES ARNOLD, ESQ.
6
7 ZACHARY W. CARTER, ESQ.
CORPORATION COUNSEL
8 NEW YORK CITY LAW DEPARTMENT
Attorneys for the Defendants
9 THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION
10 100 Church Street
New York, New York 10007
11 BY: ANDREW WEISBERG, Graduate Intern
-and-
12 ROSEMARY C. YOGIAVEETIL, ESQ.
File #: 2017-002198
13 Control #: 166451
14
15 NADINE RIVELLESE, ESQ.
Attorneys for the Defendants
16 CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.,
4 Irving Place, 18th Floor
17 New York, New York 10003
BY: GAIL RICHARDSON, ESQ.
18 File #: 2017-000639
Richardsonjobg@coned.com
19
20
21
* * *
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
2
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
3
1 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
2 221.1 Objections at Depositions
(a) Objections in general. No objections shall be made at a
3 deposition except those which, pursuant to subdivision (b),
(c) or (d) of Rule 3115 of the Civil Practice Law and
4 Rules, would be waived if not interposed, and except in
compliance with subdivision (e) of such rule. All
5 objections made at a deposition shall be noted by the
officer before whom the deposition is taken, and the answer
6 shall be given and the deposition shall proceed subject to
the objections and to the right of a person to apply for
7 appropriate relief pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every objection raised
8 during a deposition shall be stated succinctly and framed
so as not to suggest an answer to the deponent and, at the
9 request of the questioning attorney, shall include a clear
statement as to any defect in form or other basis of error
10 or irregularity. Except to the extent permitted by CPLR
Rule 3115 or by this rule, during the course of the
11 examination persons in attendance shall not make statements
or comments that interfere with the questioning.
12 221.2 Refusal to answer when objection is made. A deponent
shall answer all questions at a deposition, except (i) to
13 preserve a privilege or right of confidentiality, (ii) to
enforce a limitation set forth in an order of the court, or
14 (iii) when the question is plainly improper and would, if
answered, cause significant prejudice to any person. An
15 attorney shall not direct a deponent not to answer except
as provided in CPLR Rule 3115 or this 'subdivision. Any
16 refusal to answer or direction not to answer shall be
accompanied by a succinct and clear statement of the basis
17 therefor. If the deponent does not answer a question, the
examining party shall have the right to complete the
18 remainder of the deposition.
19
20
21
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
3
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
4
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 deponent unless
4 all parties consent or the communication is made for the
purpose of determining whether the question should not be
5 answered on the grounds set forth in section 221.2 of these
rules and, in such event, the reason for the communication
6 shall be stated for the record succinctly and clearly.
7
IT IS FURTHER STIPULATED AND AGREED that the
8 transcript may be signed before any Notary Public with the
same force and effect as if signed before a clerk or a
9 Judge of the court.
10
IT IS FURTHER STIPULATED AND AGREED that the
11 examination before trial may be utilized for all purposes
as provided by the CPLR.
12
13 IT IS FURTHER STIPULATED AND AGREED that all
rights provided to all parties by the CPLR cannot be deemed
14 waived and the appropriate sections of the CPLR shall be
controlling with respect hereto.
15
16 IT IS FURTHER STIPULATED AND AGREED by and
between the attorneys for the respective parties hereto
17 that a copy of this examination shall be furnished, without
charge, to the attorneys representing the witness
18 testifying herein.
19
20
21
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
4
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
5
J. GOLDSTEIN
1 J E F F R E Y G O L D S T E I N, called as a witness,
2 having been first duly sworn by a Notary Public of the
3 State of New York, was examined and testified as follows:
4 EXAMINATION BY
5 MR. WEISBERG:
6 Q. Please state your name for the record.
7 A. Jeffrey Goldstein.
8 Q. What is your address?
9 A. 45 East 9th Street, apartment 76, New York, New
10 York 10003.
11 Q. Good morning, Mr. Goldstein.
12 A. Hi.
13 Q. My name is Andrew Weisberg, I'm a graduate intern
14 with the New York City Law Department and the New York City
15 Department of Transportation in this case. I'll be
16 conducted this deposition under supervision of Assistant
17 Corporation Counsel Rosemary Yogiaveetil. I'm going to be
18 asking you about a few questions about an accident that
19 occurred in February of 2016, but before we begin, some
20 preliminary instructions with you.
21 First, I ask that you direct all your answers to
22 the court reporter, and please speak in a loud and clear
23 voice, so that he can record your answers easily and
24 accurately. I ask that you answer all of my questions
25 verbally, so they can be accurately preserved for the
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
5
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
6
J. GOLDSTEIN
1 record. I ask that you let me finish asking a question
2 before answering it even if you know what I'm going to ask,
3 just so that the court reporter has an easier time
4 transcribing anything.
5 If you don't understand my question, please let
6 me know, and I'll rephrase it for you. If you don't, I
7 understand; otherwise, I'll assume you understand my
8 question. And then, finally, if you need to take a break
9 at any time or confirm with your attorney, that's fine,
10 just please let us know. However, I ask if there are any
11 pending questions, that you answer them before taking a
12 break. Do you have any questions before we begin?
13 A. No.
14 Q. Can you state your name for the record.
15 A. Jeffrey M. Maurice Goldstein.
16 Q. What is your date of birth?
17 A. December 4th, 1983.
18 Q. Where were you born?
19 A. St. Louis, Missouri.
20 Q. Are you an American citizen?
21 A. Yes.
22 Q. What is your Social Security number?
23 MS. YOGIAVEETIL: Just for the record, the
24 last four on the record.
25 MR. ARNOLD: The last four.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
6
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
7
J. GOLDSTEIN
1 A. 9942.
2 Q. What was your age at the time of the accident in
3 question?
4 A. 32.
5 Q. What is your current address?
6 A. The address I previously gave you, 45 Wast 9th
7 Street, Apartment 76, New York, New York 10003.
8 Q. How long have you been living at this address?
9 A. Since March of '15, I think.
10 Q. Who, if anyone, lives with you at that address?
11 A. My wife.
12 Q. Does anyone else live with you at that address?
13 A. No.
14 Q. What is your height?
15 A. 6'2".
16 Q. What is your current weight?
17 A. 191.
18 Q. What was your approximate weight at the time of
19 the accident?
20 A. Around 193.
21 Q. What is your highest level of education?
22 A. College.
23 Q. Where do you currently work?
24 A. I actually just left my job about a week and a
25 half ago. I'm starting something in the beginning of
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
7
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
8
J. GOLDSTEIN
1 August.
2 Q. When are you going to be starting?
3 A. Hopefully August 1st, we are kind of working on
4 it this week.
5 Q. Okay. What's the title of the job you're
6 starting?
7 A. It's all getting worked out this week.
8 Q. So, what is the job you just left?
9 A. I was head of licenses, Sam Edelman Shoe. S-A-M,
10 E-E-L-M-A-N.
11 Q. Where is their office located?
12 A. 1325 Avenue of the Americas.
13 Q. What were your duties and responsibilities at
14 that job?
15 A. Business development, as well as brand management
16 for brands.
17 Q. How long were you there?
18 A. About a year and a half.
19 Q. Where did you work before Sam Edelman?
20 A. Eelman.
21 Q. Eelman?
22 A. One Jeans Wear Group, J-E-A-N-S, W-E-A-R, Jeans
23 Wear one, O-N-E.
24 Q. Where is their office located?
25 A. 1441 Broadway.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
8
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
9
J. GOLDSTEIN
1 Q. In New York, New York?
2 A. Yes.
3 Q. How long did you work there?
4 A. About five years, a little over five years.
5 Q. So, what was the date you started, approximately?
6 A. At One Jeans Wear group?
7 Q. Yes.
8 A. I know it was February 14th, 2009 I think, yes,
9 2009.
10 Q. And what was your title there?
11 A. Director of Strategy and Business Initiatives.
12 Q. What were your duties as part of that job?
13 A. Cooperate strategy and marketing and licensing.
14 Q. Approximately, what date did you leave that job?
15 A. My last day was actually the day I got injured,
16 because I was actually switching jobs to my new job right
17 after that. So, I was supposed to work, you know, another
18 few weeks, but the date of injury, I couldn't go back.
19 That date was February 22nd, the date of the injury.
20 Q. At what time did the injury occur, approximately?
21 A. Approximately 9:00 a.m.
22 Q. Where did it occur?
23 A. On 9th Street, at the intersection of Fifth
24 Avenue.
25 Q. Why were you there at approximately 9:00 a.m.?
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
9
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
10
J. GOLDSTEIN
1 A. Travelling to work.
2 Q. And that is the One Jeans Wear Group?
3 A. Yes.
4 Q. At 1441 Broadway?
5 A. Yes.
6 Q. Where were you the morning of the accident prior?
7 A. My apartment.
8 Q. And that's the same apartment you currently
9 reside at?
10 A. Yes, yes.
11 Q. What did you do before leaving your house that
12 morning?
13 A. Showered, got dressed, etcetera.
14 Q. How long did it take you from when you woke up
15 until when you left your apartment?
16 A. I'm an early rise, so it was probable for a few
17 hours.
18 Q. So, approximately what time did you leave your
19 apartment that morning?
20 A. 8:55, I mean, this happened a block away from my
21 apartment, it was, you know, a very short distance.
22 Q. What route were you planning to take from your
23 apartment to where you worked?
24 A. I would always go west on 9th Street, and make a
25 right on Sixth Avenue and take Sixth Avenue up.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
10
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
11
J. GOLDSTEIN
1 Q. How long did your commute take on a usual day?
2 A. If I was riding the scooter, which it would take;
3 I don't know, 15, 20 minutes. If I was walking, it would
4 take 30 to 45.
5 Q. How many times did you make this commute on a
6 usual week?
7 A. Every day.
8 Q. Monday through Friday?
9 A. Yes.
10 Q. And you always used the same route?
11 A. Every day.
12 Q. Okay. How did you do the commute that morning?
13 Did you take a motor scooter?
14 A. Yes, electric motor scooter.
15 Q. Why did you use a motor scooter to commute to
16 work?
17 A. A more efficient mode of transportation.
18 Q. How long had you been riding a motor scooter?
19 A. For probably five months at that time,
20 approximately.
21 Q. Was that your first motor scooter?
22 A. Mm-hmm, yes.
23 Q. What was your work schedule at the time of the
24 accident?
25 A. 9:00 to 6:00.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
11
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
12
J. GOLDSTEIN
1 Q. Monday through Friday?
2 A. Monday through Friday, yes.
3 Q. How long did it take you to travel from your
4 house to site of the accident?
5 A. Maybe one, two, three minutes, very close.
6 Q. Did you notice if the streets were more or less
7 crowded than usual that morning?
8 A. No.
9 Q. Going back to the motorized scooter that you
10 used, do you remember the model or make of it?
11 A. The make is E-TWOW, E-T-W-O-W. The model, I can,
12 we can provide that information.
13 MR. ARNOLD: We can leave a space in the
14 transcript, and he'll fill it in.
15 MR. WEISBERG: Okay. So, plaintiff to
16 provide that information.
17 (INSERT): .
18 Q. Where else do you go to and from work?
19 A. All the time, to errands, etcetera, to meetings;
20 I mean, it was a basic mode of'transportation at that
21 point.
22 Q. Did you own any other modes of transportation
23 other than the motorized scooter?
24 A. At that time, no.
25 Q. What condition was the scooter in prior to the
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
12
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
13
J. GOLDSTEIN
1 accident?
2 A. Perfect.
3 Q. Who else used the scooter other than you?
4 A. No one.
5 Q. On an average week, how many hours would you say
6 you rode the scooter?
7 A. Probably five, six hours a week.
8 Q. Including your time commuting?
9 A. Yes.
10 Q. And you said this was your first motorized
11 scooter?
12 A. Yes.
13 Q. Can you describe your moments from when you left
14 your house until you reached the site of the accident?
15 A. As details, like, I stepped on the scooter; I
16 mean is that like --
17 Q. The route you took?
18 A. So, I exited my apartment on 9th Street,
19 continued west on 9th Street until I got to the site of the
20 accident.
21 Q. How were you feeling that morning?
22 A. Great.
23 Q. Did you stop anywhere between your house and the
24 site of the accident?
25 A. No.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
13
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
14
J. GOLDSTEIN
1 Q. Did you typically stop for anything?
2 A. No.
3 Q. When you reached Fifth and Ninth, how many people
4 were in the area, approximately?
5 A. I don't -- couldn't give an approximate
truly
6 number, but there were pedestrians all over the street.
7 Q. So, you did see people on the sidewalk?
8 A. Definitely people.
9 Q. How many cars did you see in that area?
10 A. I don't recall.
11 Q. Were there cars in that area?
12 A. Yes.
13 Q. Were there cars in front of you as you were
14 riding your motorized scooter?
15 A. No.
16 Q. Were there cars behind you?
17 A. I don't recall.
18 Q. Did you see any cars driving in any area around
19 you?
20 A. Fifth Avenue was stopped at that time. Ninth
21 -- I mean there was a car you sort of
Street parked, know,
22 like where I fell in that area. Was there a car behind me?
23 I don't think so. So that's the answer.
24 MR. WEISBERG: I'd like to mark this
Defendants'
25 Exhibit A.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
14
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022
15
J. GOLDSTEIN
1 (Whereupon, Google Maps photo was marked as
Defendants'
2 Exhibit A for identification as of
3 this date by the Reporter.)
4 Thank you.
Defendants'
5 Q. Okay. Showing you Exhibit A
6 (handing). Do you recognize this?
7 A. Mm-hmm.
8 Q. What is it?
9 A. A map of the area in which the accident happened
10 provided by Google.
11 Q. Can you please circle and initial the area where
12 the accident occurred.
13 MR. ARNOLD: Let's just have a discussion
14 first.
15 MR. WEISBERG: Okay. Off the record.
16 (Whereupon, an off-the-record discussion was
17 held at this time.)
18 MR. ARNOLD: So, we're going to do a circle
19 now on the approximate area of the accident, if
20 you can, correct.
21 MR. WEISBERG: Yes.
22 THE WITNESS: How big? A broad circle?
23 MR. ARNOLD: A broad circle, because that's
24 a very small map.
25 THE WITNESS: (Writing.)
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
15
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 15
Preview
FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 1 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 2 ----------------------------------------------------------X JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, 3 PLAINTIFF, 4 -against- Index No.: 5 150253/2017 6 THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and CONSOLIDATED EDISON COMPANY OF NEW YORK, 7 INC., 8 DEFENDANTS. __________________________________________________________Ç 9 10 DATE: July 12, 2017 11 TIME: 10:24 A.M. 12 13 EXAMINATION BEFORE TRIAL of the Plaintiff, 14. JEFFREY GOLDSTEIN, taken by the Defendants, pursuant to an 15 order, held at the offices of the New York City Law 16 Department, 52 Duane Street, New York, New York 10007, 17 before Kevin Haghnazari, a Notary Public of the State of 18 New York. 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 2 1 A P P E A R A N C E S: 2 3 LERNER, ARNOLD & WINSTON, LLP Attorneys for the Plaintiff 4 JEFFREY GOLDSTEIN 457 Park Avenue South, 28th Floor 5 New York, New York 10016 BY: CHARLES ARNOLD, ESQ. 6 7 ZACHARY W. CARTER, ESQ. CORPORATION COUNSEL 8 NEW YORK CITY LAW DEPARTMENT Attorneys for the Defendants 9 THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION 10 100 Church Street New York, New York 10007 11 BY: ANDREW WEISBERG, Graduate Intern -and- 12 ROSEMARY C. YOGIAVEETIL, ESQ. File #: 2017-002198 13 Control #: 166451 14 15 NADINE RIVELLESE, ESQ. Attorneys for the Defendants 16 CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., 4 Irving Place, 18th Floor 17 New York, New York 10003 BY: GAIL RICHARDSON, ESQ. 18 File #: 2017-000639 Richardsonjobg@coned.com 19 20 21 * * * 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 3 1 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.1 Objections at Depositions (a) Objections in general. No objections shall be made at a 3 deposition except those which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 4 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of such rule. All 5 objections made at a deposition shall be noted by the officer before whom the deposition is taken, and the answer 6 shall be given and the deposition shall proceed subject to the objections and to the right of a person to apply for 7 appropriate relief pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every objection raised 8 during a deposition shall be stated succinctly and framed so as not to suggest an answer to the deponent and, at the 9 request of the questioning attorney, shall include a clear statement as to any defect in form or other basis of error 10 or irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the 11 examination persons in attendance shall not make statements or comments that interfere with the questioning. 12 221.2 Refusal to answer when objection is made. A deponent shall answer all questions at a deposition, except (i) to 13 preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, or 14 (iii) when the question is plainly improper and would, if answered, cause significant prejudice to any person. An 15 attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or this 'subdivision. Any 16 refusal to answer or direction not to answer shall be accompanied by a succinct and clear statement of the basis 17 therefor. If the deponent does not answer a question, the examining party shall have the right to complete the 18 remainder of the deposition. 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 4 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 deponent unless 4 all parties consent or the communication is made for the purpose of determining whether the question should not be 5 answered on the grounds set forth in section 221.2 of these rules and, in such event, the reason for the communication 6 shall be stated for the record succinctly and clearly. 7 IT IS FURTHER STIPULATED AND AGREED that the 8 transcript may be signed before any Notary Public with the same force and effect as if signed before a clerk or a 9 Judge of the court. 10 IT IS FURTHER STIPULATED AND AGREED that the 11 examination before trial may be utilized for all purposes as provided by the CPLR. 12 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR cannot be deemed 14 waived and the appropriate sections of the CPLR shall be controlling with respect hereto. 15 16 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective parties hereto 17 that a copy of this examination shall be furnished, without charge, to the attorneys representing the witness 18 testifying herein. 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 5 J. GOLDSTEIN 1 J E F F R E Y G O L D S T E I N, called as a witness, 2 having been first duly sworn by a Notary Public of the 3 State of New York, was examined and testified as follows: 4 EXAMINATION BY 5 MR. WEISBERG: 6 Q. Please state your name for the record. 7 A. Jeffrey Goldstein. 8 Q. What is your address? 9 A. 45 East 9th Street, apartment 76, New York, New 10 York 10003. 11 Q. Good morning, Mr. Goldstein. 12 A. Hi. 13 Q. My name is Andrew Weisberg, I'm a graduate intern 14 with the New York City Law Department and the New York City 15 Department of Transportation in this case. I'll be 16 conducted this deposition under supervision of Assistant 17 Corporation Counsel Rosemary Yogiaveetil. I'm going to be 18 asking you about a few questions about an accident that 19 occurred in February of 2016, but before we begin, some 20 preliminary instructions with you. 21 First, I ask that you direct all your answers to 22 the court reporter, and please speak in a loud and clear 23 voice, so that he can record your answers easily and 24 accurately. I ask that you answer all of my questions 25 verbally, so they can be accurately preserved for the DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 6 J. GOLDSTEIN 1 record. I ask that you let me finish asking a question 2 before answering it even if you know what I'm going to ask, 3 just so that the court reporter has an easier time 4 transcribing anything. 5 If you don't understand my question, please let 6 me know, and I'll rephrase it for you. If you don't, I 7 understand; otherwise, I'll assume you understand my 8 question. And then, finally, if you need to take a break 9 at any time or confirm with your attorney, that's fine, 10 just please let us know. However, I ask if there are any 11 pending questions, that you answer them before taking a 12 break. Do you have any questions before we begin? 13 A. No. 14 Q. Can you state your name for the record. 15 A. Jeffrey M. Maurice Goldstein. 16 Q. What is your date of birth? 17 A. December 4th, 1983. 18 Q. Where were you born? 19 A. St. Louis, Missouri. 20 Q. Are you an American citizen? 21 A. Yes. 22 Q. What is your Social Security number? 23 MS. YOGIAVEETIL: Just for the record, the 24 last four on the record. 25 MR. ARNOLD: The last four. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 7 J. GOLDSTEIN 1 A. 9942. 2 Q. What was your age at the time of the accident in 3 question? 4 A. 32. 5 Q. What is your current address? 6 A. The address I previously gave you, 45 Wast 9th 7 Street, Apartment 76, New York, New York 10003. 8 Q. How long have you been living at this address? 9 A. Since March of '15, I think. 10 Q. Who, if anyone, lives with you at that address? 11 A. My wife. 12 Q. Does anyone else live with you at that address? 13 A. No. 14 Q. What is your height? 15 A. 6'2". 16 Q. What is your current weight? 17 A. 191. 18 Q. What was your approximate weight at the time of 19 the accident? 20 A. Around 193. 21 Q. What is your highest level of education? 22 A. College. 23 Q. Where do you currently work? 24 A. I actually just left my job about a week and a 25 half ago. I'm starting something in the beginning of DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 8 J. GOLDSTEIN 1 August. 2 Q. When are you going to be starting? 3 A. Hopefully August 1st, we are kind of working on 4 it this week. 5 Q. Okay. What's the title of the job you're 6 starting? 7 A. It's all getting worked out this week. 8 Q. So, what is the job you just left? 9 A. I was head of licenses, Sam Edelman Shoe. S-A-M, 10 E-E-L-M-A-N. 11 Q. Where is their office located? 12 A. 1325 Avenue of the Americas. 13 Q. What were your duties and responsibilities at 14 that job? 15 A. Business development, as well as brand management 16 for brands. 17 Q. How long were you there? 18 A. About a year and a half. 19 Q. Where did you work before Sam Edelman? 20 A. Eelman. 21 Q. Eelman? 22 A. One Jeans Wear Group, J-E-A-N-S, W-E-A-R, Jeans 23 Wear one, O-N-E. 24 Q. Where is their office located? 25 A. 1441 Broadway. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 9 J. GOLDSTEIN 1 Q. In New York, New York? 2 A. Yes. 3 Q. How long did you work there? 4 A. About five years, a little over five years. 5 Q. So, what was the date you started, approximately? 6 A. At One Jeans Wear group? 7 Q. Yes. 8 A. I know it was February 14th, 2009 I think, yes, 9 2009. 10 Q. And what was your title there? 11 A. Director of Strategy and Business Initiatives. 12 Q. What were your duties as part of that job? 13 A. Cooperate strategy and marketing and licensing. 14 Q. Approximately, what date did you leave that job? 15 A. My last day was actually the day I got injured, 16 because I was actually switching jobs to my new job right 17 after that. So, I was supposed to work, you know, another 18 few weeks, but the date of injury, I couldn't go back. 19 That date was February 22nd, the date of the injury. 20 Q. At what time did the injury occur, approximately? 21 A. Approximately 9:00 a.m. 22 Q. Where did it occur? 23 A. On 9th Street, at the intersection of Fifth 24 Avenue. 25 Q. Why were you there at approximately 9:00 a.m.? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 10 J. GOLDSTEIN 1 A. Travelling to work. 2 Q. And that is the One Jeans Wear Group? 3 A. Yes. 4 Q. At 1441 Broadway? 5 A. Yes. 6 Q. Where were you the morning of the accident prior? 7 A. My apartment. 8 Q. And that's the same apartment you currently 9 reside at? 10 A. Yes, yes. 11 Q. What did you do before leaving your house that 12 morning? 13 A. Showered, got dressed, etcetera. 14 Q. How long did it take you from when you woke up 15 until when you left your apartment? 16 A. I'm an early rise, so it was probable for a few 17 hours. 18 Q. So, approximately what time did you leave your 19 apartment that morning? 20 A. 8:55, I mean, this happened a block away from my 21 apartment, it was, you know, a very short distance. 22 Q. What route were you planning to take from your 23 apartment to where you worked? 24 A. I would always go west on 9th Street, and make a 25 right on Sixth Avenue and take Sixth Avenue up. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 11 J. GOLDSTEIN 1 Q. How long did your commute take on a usual day? 2 A. If I was riding the scooter, which it would take; 3 I don't know, 15, 20 minutes. If I was walking, it would 4 take 30 to 45. 5 Q. How many times did you make this commute on a 6 usual week? 7 A. Every day. 8 Q. Monday through Friday? 9 A. Yes. 10 Q. And you always used the same route? 11 A. Every day. 12 Q. Okay. How did you do the commute that morning? 13 Did you take a motor scooter? 14 A. Yes, electric motor scooter. 15 Q. Why did you use a motor scooter to commute to 16 work? 17 A. A more efficient mode of transportation. 18 Q. How long had you been riding a motor scooter? 19 A. For probably five months at that time, 20 approximately. 21 Q. Was that your first motor scooter? 22 A. Mm-hmm, yes. 23 Q. What was your work schedule at the time of the 24 accident? 25 A. 9:00 to 6:00. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 12 J. GOLDSTEIN 1 Q. Monday through Friday? 2 A. Monday through Friday, yes. 3 Q. How long did it take you to travel from your 4 house to site of the accident? 5 A. Maybe one, two, three minutes, very close. 6 Q. Did you notice if the streets were more or less 7 crowded than usual that morning? 8 A. No. 9 Q. Going back to the motorized scooter that you 10 used, do you remember the model or make of it? 11 A. The make is E-TWOW, E-T-W-O-W. The model, I can, 12 we can provide that information. 13 MR. ARNOLD: We can leave a space in the 14 transcript, and he'll fill it in. 15 MR. WEISBERG: Okay. So, plaintiff to 16 provide that information. 17 (INSERT): . 18 Q. Where else do you go to and from work? 19 A. All the time, to errands, etcetera, to meetings; 20 I mean, it was a basic mode of'transportation at that 21 point. 22 Q. Did you own any other modes of transportation 23 other than the motorized scooter? 24 A. At that time, no. 25 Q. What condition was the scooter in prior to the DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 12 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 13 J. GOLDSTEIN 1 accident? 2 A. Perfect. 3 Q. Who else used the scooter other than you? 4 A. No one. 5 Q. On an average week, how many hours would you say 6 you rode the scooter? 7 A. Probably five, six hours a week. 8 Q. Including your time commuting? 9 A. Yes. 10 Q. And you said this was your first motorized 11 scooter? 12 A. Yes. 13 Q. Can you describe your moments from when you left 14 your house until you reached the site of the accident? 15 A. As details, like, I stepped on the scooter; I 16 mean is that like -- 17 Q. The route you took? 18 A. So, I exited my apartment on 9th Street, 19 continued west on 9th Street until I got to the site of the 20 accident. 21 Q. How were you feeling that morning? 22 A. Great. 23 Q. Did you stop anywhere between your house and the 24 site of the accident? 25 A. No. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 13 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 14 J. GOLDSTEIN 1 Q. Did you typically stop for anything? 2 A. No. 3 Q. When you reached Fifth and Ninth, how many people 4 were in the area, approximately? 5 A. I don't -- couldn't give an approximate truly 6 number, but there were pedestrians all over the street. 7 Q. So, you did see people on the sidewalk? 8 A. Definitely people. 9 Q. How many cars did you see in that area? 10 A. I don't recall. 11 Q. Were there cars in that area? 12 A. Yes. 13 Q. Were there cars in front of you as you were 14 riding your motorized scooter? 15 A. No. 16 Q. Were there cars behind you? 17 A. I don't recall. 18 Q. Did you see any cars driving in any area around 19 you? 20 A. Fifth Avenue was stopped at that time. Ninth 21 -- I mean there was a car you sort of Street parked, know, 22 like where I fell in that area. Was there a car behind me? 23 I don't think so. So that's the answer. 24 MR. WEISBERG: I'd like to mark this Defendants' 25 Exhibit A. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 14 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 150253/2017 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 12/22/2022 15 J. GOLDSTEIN 1 (Whereupon, Google Maps photo was marked as Defendants' 2 Exhibit A for identification as of 3 this date by the Reporter.) 4 Thank you. Defendants' 5 Q. Okay. Showing you Exhibit A 6 (handing). Do you recognize this? 7 A. Mm-hmm. 8 Q. What is it? 9 A. A map of the area in which the accident happened 10 provided by Google. 11 Q. Can you please circle and initial the area where 12 the accident occurred. 13 MR. ARNOLD: Let's just have a discussion 14 first. 15 MR. WEISBERG: Okay. Off the record. 16 (Whereupon, an off-the-record discussion was 17 held at this time.) 18 MR. ARNOLD: So, we're going to do a circle 19 now on the approximate area of the accident, if 20 you can, correct. 21 MR. WEISBERG: Yes. 22 THE WITNESS: How big? A broad circle? 23 MR. ARNOLD: A broad circle, because that's 24 a very small map. 25 THE WITNESS: (Writing.) DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 15 FILED: NEW YORK COUNTY CLERK 12/22/2022 11:34 AM INDEX NO. 15