Preview
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
EXHIBIT 1
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
Page 1
1 VOLUME I
2 SUPREME COURT OF THE STATE OF NEW YORK
EIGHTH JUDICIAL DISTRICT
3 --------------------------------------------x
In Re: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION
4 --------------------------------------------x
This Document Applies to:
5 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
6 --------------------------------------------x
PATSY YOUNG,
7
Plaintiff,
8
vs. Index No. 815818/2020
9
AVENTIS, INC., et al,
10
Defendants.
11 --------------------------------------------x
12 Videotaped Transcript of PATSY YOUNG, called for Oral
13 Examination in the above-captioned matter, said deposition
14 being taken pursuant to Civil Practice Law & Rules by and
15 before Jane K. McGrath, Registered Professional Reporter and
16 Notary Public in and for the State of New York; taken at the
17 VIA VIRTUAL ZOOM, on February 11, 2021, commencing at 10:09
18 in the forenoon.
19
20
21
22
23
24
25 Job No. P1-4455353
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
Page 2 Page 4
1 APPEARANCES 1 For Defendants: MILLER & MARTIN
2 For Plaintiff: SIMON, GREENSTONE, PANATIER, PC
Attorneys at Law 2 (Chattem, Inc.; Attorneys at Law
3 5 Penn Plaza 3 Fisons; Sanofi Suite 2100
Suite 2308
4 New York, New York 10001 4 Aventis; Aventis) 1180 W Peachtree Street, NW
BY: SEAN K. KERLEY, ESQ. 5 Atlanta, Georgia 30309
5 (Via Telephone)
6 For Defendant: FOLEY & MANSFIELD
6 BY: EILEEN HINTZ RUMFELT, ESQ.
(Avon Products, Attorneys at Law 7 (Via Telephone)
7 Inc.) 86 Chambers Street
8
Suite 202
8 New York, New York 10007 9
BY: MADELYN IULO, ESQ. 10
9 - Of Counsel -
(Via Telephone) 11 Also Present: Jim Roberts
10 12 Videographer
For Defendant: GIBSON, McASKILL & CROSBY, LLP
11 (Insight /Prestige) Attorneys at Law 13
69 Delaware Avenue, Suite 900 14
12 Buffalo, New York 14202-3866
BY: ROBERT J. MULLINS, II, ESQ.
15
13 (Via Telephone) 16
14 For Defendant: GORDON, REES, SCULLY, MANSUKHANI, LLP
17
(Colgate-Palmolive) Attorneys at Law
15 1 Battery Park Plaza, 28th Floor 18
16 New York, New York 10004 19
17 BY: DAVID OXAMENDI, ESQ.
18 (Via Telephone) 20
19 21
20 For Defendant: GORDON, REES, SCULLY, MANSUKHANI, LLP
21 (Macy's, Inc.) Attorneys at Law 22
22 1 Battery Park Plaza, 28th Floor 23
23 New York, New York 10004
24 BY: ALEKSANDRA SZAJNA, ESQ.
24
25 (Via Telephone) 25
Page 3 Page 5
1 For Defendants: HARRIS BEACH, PLLC 1 INDEX OF TESTIMONY
(GlaxoSmithKline; Attorneys at Law
2 GSK Consumer 100 Wall Street 2
Heath, Block Drug New York, New York 10005 3 EXAMINATION OF PATSY YOUNG: PAGES:
3 Company, Inc.; BY: ROBERT SCHAEFER, JR., ESQ. 4 By Mr. Oxamendi: 8 - 238
Block Drug (Via Telephone)
4 Corporation) 5
5 For Defendant: HOAGLAND, LONGO, MORAN, DUNST 6
(Brenntag & DOUKAS, LLP 7
6 Specialties) Attorneys at Law
40 Paterson Street 8
7 New Brunswick, New Jersey 08903 9
BY: DANIEL R. KUSZMERSKI, ESQ. 10
8 (Via Telephone)
9 For Defendant: LANDMAN, CORSI, BALLAINE & FORD, PC INDEX OF REQUESTS
(Whitaker Clark Attorneys at Law 11
10 and Daniels) One Gateway Center 12 By Mr. Oxamendi:
4th Floor
11 Newark, New Jersey 07102 13 Description of Request Page Line
BY: SAM F. HANNA, ESQ. 14 (Retain the certificate and the 73 25
12 (Via Telephone) photographs of the welding class)
13 For Defendant: LITCHFIELD, CAVO, LLP
(Cyprus Mines Attorneys at Law 15
14 Corp.) 420 Lexington Avenue 16
Suite 2104 17
15 New York, New York 10170
16 BY: DANA M. RICCI, ESQ. 18
17 (Via Telephone) 19
18 20
19 For Defendants: PHILLIPS LYTLE, LLP
20 (Novartis Attorneys at Law 21
21 Corporation, One Canalside 22
22 Novartis 125 Main Street 23
23 Pharmaceuticals Buffalo, NY 14203-2887
24 Corporation) BY: MARY JO HERRSCHER, ESQ. 24
25 (Via Telephone) 25
2 (Pages 2 - 5)
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
Page 6 Page 8
1 IT IS HEREBY STIPULATED AND AGREED by and between 1 P A T S Y Y O U N G , called as a witness
2 the attorneys for the respective parties hereto that filing, 2 and being duly sworn, testifies as follows:
3 sealing and certification of the within Examination Before 3 THE VIDEOGRAPHER: You may proceed.
4 Trial be waived; that all objections, except as to form, are 4 EXAMINATION BY MR. OXAMENDI
5 reserved to the time of trial. 5 Q Good morning. Good morning, Miss Young.
6 IT IS FURTHER STIPULATED AND AGREED that the 6 A Good morning.
7 transcript may be signed before any Notary Public with the 7 MR. OXAMENDI: Before we beginning I
8 same force and effect as if signed before a Clerk or Judge of 8 just -- I just have a brief objection for the
9 the Court. 9 record.
10 IT IS FURTHER STIPULATED AND AGREED that the within 10 My client has not been served in this
11 examination may be utilized for all purposes as provided by 11 action, and my appearance here today does not
12 the CPLR. 12 waive any defenses as to jurisdiction or
13 IT IS FURTHER STIPULATED AND AGREED that all rights 13 service.
14 provided to all parties by the CPLR shall not be deemed 14 Anybody else have any objections?
15 waived and the appropriate sections of the CPLR shall be 15 MS. IULO: Madelyn Iulo, join.
16 controlling with respect thereto. 16 MR. MULLINS: Yes. This is Rob Mullins.
17 IT IS FURTHER STIPULATED AND AGREED by and between 17 I would join.
18 the attorneys for the respective parties hereto that a copy 18 EXAMINATION BY MR. OXAMENDI
19 of this Examination shall be furnished, without charge, to 19 Q All right. Good morning, Miss Young. My name
20 the attorney representing the witness testifying herein. 20 is David Oxamendi. I'm from the law firm Gordon, Rees. I
21 21 will be asking you the majority of the questions today, and
22 22 possibly tomorrow as well. And then after that others
23 23 attorneys in the room will have questions for you as well.
24 24 A Okay.
25 25 Q Do you understand we're taking --
Page 7 Page 9
1 THE VIDEOGRAPHER: Good morning. We are 1 MR. MULLINS: Sorry, Mr. Oxamendi, just
2 going on the record at approximately 2 one more statement for the record. It's
3 10:09 a.m. on February 11th, 2021. Please 3 Rob Mullins again. I apologize. I don't --
4 silence any cell phones, computer tones, or 4 I'm try pull up the notice. I don't recall if
5 other electronic devices. Audio and video 5 this was noticed as a video deposition. And
6 recording will continue to take place unless 6 even if it were, I'm just not sure that using
7 all parties agree to go off the record. This 7 a Zoom recording meets all the requirements
8 is Media Unit 1 of the remote video recorded 8 that a video recorded deposition ordinarily
9 deposition of Patsy Young taken by counsel for 9 would. So I just want to at least reserve the
10 defendant in the matter of Patsy Young versus 10 right to object to the use of the video. I
11 Aventis, Incorporated, et al. Filed in the 11 thought it was a discovery deposition. And so
12 Supreme Court, of the State of New York, 12 I just want to put that on the record that I
13 County of Erie, Eighth Judicial District, 13 reserved that right to object to the use of
14 Asbestos Litigation, Index Number 815818/2020. 14 that video, that's all.
15 My name is Jim Roberts here in 15 MR. KERLEY: Your objection is noted. We
16 association with Priority-One, a Veritext 16 can litigate that issue at a later date.
17 company. I'm the videographer. The court 17 MR. OXAMENDI: I'll join that objection
18 reporter is Jane McGrath, also with Veritext. 18 as well.
19 All counsel consent to this remote video 19 Q Miss Young, you understand we're taking your
20 arrangement, and waive objections to this 20 deposition by video today because of the health and safety
21 matter of reporting, and to the remote 21 concerns surrounding the corona virus?
22 swearing in of the witness. The court 22 A Yes.
23 reporter has noted counsel's appearances and 23 Q Where are you physically located today?
24 will now please swear in the witness. 24 A 99 Kensington Avenue; Buffalo, New York,
25 25 14214.
3 (Pages 6 - 9)
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
YOUNG - OXAMENDI
Page 10 Page 12
1 Q Is that your home? 1 A 60 -- 68 -- No, 69, 69.
2 A Yes. 2 Q I forget my own age as well.
3 Q Is anybody present with you in the room? 3 A Yeah, I don't try to keep up. As long as I
4 A No. 4 live another year, I'm good.
5 Q Do you have any papers in front of you? 5 Q Where were you born?
6 A No. 6 A Memphis, Tennessee.
7 Q Have you ever had a deposition of you taken 7 Q Okay. I'm going to ask you for your Social
8 before? 8 Security number, but first we're going to go off the record
9 A No. 9 so we can get that from you.
10 Q Okay. Ever testified at a trial or hearing 10 MR. OXAMENDI: So if this can be off the
11 before? 11 record for a moment.
12 A No. 12 THE VIDEOGRAPHER: Stand by. Going off
13 Q Now the court -- Just a couple of rules before 13 the record 10:14 a.m.
14 we begin just so you know how this works. The court reporter 14 (A discussion was held off the record.)
15 is taking down everything that you say. So it's important 15 MR. OXAMENDI: Back on the record,
16 that you provide all of your answers verbally. If you don't 16 please.
17 know the answer to a question, I don't know is a perfectly 17 THE VIDEOGRAPHER: Back on the record
18 acceptable answer. Whenever you feel you need to take a 18 10:15 a.m.
19 break, if you feel tired, just let your attorney know and 19 Q Okay. Miss Young, to prepare for this
20 myself, and we'll do that and accommodate you. Is there any 20 deposition today did you do any research of any type of
21 reason that you know of why this deposition can not proceed 21 products?
22 today? 22 A No.
23 A No. 23 Q Did you do any research on any of the
24 Q Okay. Have you ever been diagnosed with any 24 companies that are sued in this case?
25 conditions that may impact your memory? 25 A No.
Page 11 Page 13
1 A No. 1 Q Did you ask anyone to do any research on your
2 Q Okay. Have you taken any medications in the 2 behalf?
3 past 24 hours? 3 A No.
4 A No. 4 Q Okay. Aside from your attorney did you speak
5 Q Can you please state your full name for the 5 to anyone else to prepare for this deposition today?
6 record? 6 A No.
7 A Patsy Marie Young. 7 Q Okay. Do you have a computer or is there a
8 Q Is Young your maiden name? 8 computer in your home?
9 A Yes. 9 A Yes, I have a computer.
10 Q Do you go by any nicknames? 10 Q Did you do any research on your computer?
11 A No. 11 A No.
12 Q Okay. What is your date of birth? 12 Q Okay. Are you on social media at all?
13 A 10/1/61. 13 A Yes, Facebook.
14 Q And how old does that make you today? 14 Q What kind of -- Any besides Facebook, any
15 A It is my maiden name -- my maiden name is 15 other accounts on social media?
16 Foreman. 16 A No.
17 Q Okay. So your maiden name is Foreman? 17 Q Okay. Now you have two lawyers present today;
18 A Yes. 18 one on a Zoom call, and I believe one on the phone. Have you
19 Q Have you been known by any other names other 19 ever met Mr. Kerley before?
20 than Patsy Foreman or Patsy Young? 20 A I don't think so. In person? Mr. --
21 A No. 21 Q Yeah.
22 Q Do you go by any nicknames? 22 A I met I think one -- I don't know if it was
23 A Pat. 23 Mr. Kerley or not.
24 Q Okay. What is your -- How old -- how old are 24 Q Okay, okay. When did you first -- How did you
25 you today? 25 obtain your the law firm that's representing you currently?
4 (Pages 10 - 13)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
YOUNG - OXAMENDI
Page 14 Page 16
1 A My daughters called. She asked -- she said 1 A Leroy Young.
2 that I need to call somebody when I got diagnosed. She was 2 Q Is Mr. Young still living?
3 saying that I needed to call somebody. So she gave me a 3 A Yes.
4 number. 4 Q Where did you meet Mr. Young?
5 Q Did you ever -- do you know the name of the 5 A Down the street from my house. He stayed on
6 law firm that you hired? 6 the same street.
7 A Sitz -- Lipskits -- Pontaro. 7 Q Is this in Buffalo or somewhere else?
8 Q Lipsitz -- 8 A Yes, in Buffalo.
9 A Lipsitz & Ponterio. 9 Q Okay. And when did you meet?
10 Q Okay. Have you met with anybody from Lipsitz 10 A Like in '78.
11 & Ponterio prior to today? 11 Q Did you live together prior to being married?
12 A Just when they came out and took -- left some 12 A No, no.
13 papers to do, to fill out my family history and stuff like 13 Q Okay. After being married did that marriage
14 that -- 14 end in -- Strike that.
15 Q Okay. 15 Did that marriage end in divorce?
16 A -- my kids -- 16 A Yes.
17 Q You don't have to tell me what's -- 17 Q And when was the divorce?
18 A Okay. 18 A I have no clue what year it was divorced. I
19 Q Did you ever meet with anybody in person or 19 went downtown for something, and they told me I was divorced,
20 did you speak with an attorney over the phone? 20 so ...
21 A That -- just that person when they came out, 21 Q Okay. Did there come --
22 but on the phone. 22 A I didn't care.
23 Q Okay. How many times before today have you 23 Q Did there come a point that you separated
24 spoken to an attorney from Lipsitz & Ponterio? 24 prior to the divorce?
25 A Maybe two or three times or something, maybe 25 A No. It was just over.
Page 15 Page 17
1 three. 1 Q Okay. When was the marriage over?
2 Q Okay. And of those two or three -- of those 2 A In '81.
3 two or three times were they all on -- all in person? 3 Q Have you spoken to him since 1981?
4 A No, on the phone. 4 A Maybe two or three times.
5 Q They were all on the phone? 5 Q How would you describe your relationship with
6 A Yes. 6 Mr. Young?
7 Q Was anybody else present with you during those 7 A I don't have one.
8 phone conversations? 8 Q What were those conversations about?
9 A No, no. 9 A He came in once, and told me about one of the
10 Q Okay. All right. Do you recall the name of 10 family members passing away. Was another time that he
11 the lawyer you spoke with -- 11 came -- I don't know if he came to see my grandkids here or
12 A No. 12 something, but nothing really.
13 Q -- on those occasions? 13 Q Does he know about your current medical
14 A No. 14 condition?
15 Q Okay. All right. Miss Young, are you 15 A I don't know. I think my daughter might have
16 married? 16 told him about that I was sick, that I was in the hospital.
17 A No. 17 Q Okay. How many children did you have with
18 Q Okay. Have you ever been married? 18 him?
19 A Yes. 19 A Two.
20 Q Okay. What is -- How many times have you been 20 Q Okay. I'll ask you some more -- Well, what
21 married? 21 are the names of the children you had with Mr. Young?
22 A Once. 22 A Nahkema and Lashawn.
23 Q Okay. What is the date of your marriage? 23 Q Now my understanding is that after Mr. Young
24 A March 3rd, 1979. 24 you were in a relationship with someone else, but you were
25 Q And who did you marry? 25 not married, is that correct?
5 (Pages 14 - 17)
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
YOUNG - OXAMENDI
Page 18 Page 20
1 A Yes. 1 marriage?
2 Q Okay. And what is the name of the person that 2 A It was good, he was strong.
3 you are in a relationship with? 3 Q Do you know what his current health condition
4 A Leroy -- I mean Jerome McCant. I'm sorry. 4 is now?
5 Q That's all right. And when did you first meet 5 A I think my daughter said that he's sick --
6 Mr. McCant? 6 Q Do you know --
7 A Right after -- right after me and him broke 7 A -- but I don't know what he's sick from, no.
8 up. Because he -- he stayed next door to me. 8 Q Okay. Thank you. How about Mr. McCant,
9 Q He was your neighbor? 9 during the marriage [sic] what did he work as for pay?
10 A Yes. 10 A Oh, boy. He had many jobs. He was a cook at
11 Q So that would have been around 1981? 11 restaurant, he was a cook, he drove cabs, he mainly worked at
12 A Yes. 12 restaurants. He was a sous-chef.
13 Q And when did you and Mr. McCant start living 13 Q Do you know the names of any of the
14 together, if ever? 14 restaurants that he worked at?
15 A Not long after. 15 A Old Country Buffet, he worked at one of the
16 Q And my understanding is that he passed away? 16 upscale restaurants downtown. I'm trying to think of what
17 A Yes. 17 that is downtown in the hotel. He worked at pizza places,
18 Q When did he pass away? 18 just a lot of places. He did a lot of stuff just to take
19 A In 2005. 19 care of us.
20 Q From around 1981, 1982 when he first moved in 20 Q Okay. What was -- Did he -- Was he a smoker?
21 until 2005 did he continuously live with you during that 21 A Did he smoke? I think he did -- started out
22 period? 22 smoking, but I don't think he smoked for long.
23 A Until 2000. 23 Q Do you know about when did he quit smoking?
24 Q What happened in 2000? 24 A No.
25 A Why we broke up? 25 Q Are you able to estimate for me how many years
Page 19 Page 21
1 Q Okay. So you broke up in 2000? 1 during the time that you were together that he was a smoker?
2 A Yes. 2 A Maybe five years or something. Because he
3 Q So was that relationship over then by the year 3 did -- and then when he did it, he didn't do it -- he did it
4 2000? 4 outside of the house.
5 A Yes, it was over. 5 Q Do you know how much he smoked?
6 Q Okay. And why did that relationship end in 6 A A few cigarettes. He wasn't a real big smoker
7 2000? 7 when he did smoke.
8 A I found out that he was using drugs. 8 Q When you say a few cigarettes, that's a few
9 Q Do you know what kind of drugs he was using? 9 cigarettes a day?
10 A No. 10 A Yes.
11 MR. KERLEY: I'm going to object. We're 11 Q All right. How many children do you have?
12 getting pretty far afield. I thought it was 12 A Four.
13 patently irrelevant, but that's okay. 13 Q Four. Can you tell me the names of all four
14 Q During the time that you were married to 14 children starting from the oldest to the youngest?
15 Mr. Young, did he work outside the home? 15 A Nahkema, Lashawn, Curtis and Jacobbi.
16 A Mr. Young, yes. 16 Q Okay. And let's start with Nahkema. What is
17 Q Okay. What did he do? 17 Nahkema's full name?
18 A We were young. So he worked at a rug company, 18 A Nahkema Shashawn Clay now.
19 Doorway Rugs, he did, like, little security stuff, just 19 Q Okay. And is her father Mr. Young?
20 anything he could to take care of us he did. He worked at 20 A Yes.
21 canning factories. We were both 17 years old, so ... 21 Q Okay. When was Nahkema born?
22 Q Did he smoke during the marriage? 22 A 1979.
23 A Yes, yes, I believe he smoked. I'm not sure. 23 Q Okay. Where does she live?
24 No, no, he didn't smoke, he didn't smoke. 24 A Where does she live now?
25 Q Okay. What was his health during the 25 Q Yeah.
6 (Pages 18 - 21)
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
YOUNG - OXAMENDI
Page 22 Page 24
1 A On Hunt Street. 1 A Yes.
2 Q Is that in Buffalo? 2 Q Okay. And when was Lashawn born?
3 A Yes. 3 A '81.
4 Q What is her health? 4 Q And where does Lashawn live?
5 A It's good. 5 A 119 Kensington. Down the street from me.
6 Q Okay. Has she ever been diagnosed with any 6 Q What is Lashawn's health?
7 form of cancer? 7 A She's good.
8 A No. 8 Q Okay. Has Lashawn ever been diagnosed with
9 Q Has she ever been diagnosed with any type of 9 any form of cancer?
10 respiratory disease? 10 A No.
11 A No. 11 Q Has Lashawn ever been diagnosed with any type
12 Q What is her occupation? 12 of respiratory disease or condition?
13 A She's an RN. 13 A No.
14 Q Okay. At a hospital, or a clinic, or 14 Q Okay. What does Lashawn do for a living?
15 somewhere else? 15 A She's an RN, too.
16 A Right now she does the -- what is it, she do 16 Q And where does Lashawn work?
17 the intake on the patients on the phone. She's not out in 17 A She work for, what is the name of that place.
18 the field now. 18 She goes house to house though. She's -- she with CNA. She
19 Q Okay. 19 works for the CNA.
20 A She just do all of the stuff online. 20 Q Okay.
21 Q Do you know who she works for? 21 A VNA, VNA, yeah.
22 A Oh, boy. 22 Q She's a visiting nurse?
23 Q It's okay if you don't know. 23 A Yes.
24 A No. 24 Q Is Lashawn married?
25 Q All right. Is she married? 25 A Divorced.
Page 23 Page 25
1 A No. She's divorced. 1 Q Okay. Does Lashawn have any children?
2 Q Okay. Does she have any children? 2 A Three.
3 A Four. 3 Q What are their names?
4 Q What are their names? 4 A Nalah, Sean and Antjuan.
5 A Maya and Sydney, they're twins. Dakota and, 5 Q How old is Nalah?
6 man, Cara. I have 12 of them. 6 A Nalah will be 21.
7 Q How old -- Wow. How old is Maya and Sydney? 7 Q How old is Sean?
8 A Twenty-two. 8 A Sean is 15; 14, 15; somewhere around there.
9 Q How old is Dakota? 9 Q How old is Antjuan?
10 A Fifteen. 10 A He's 10, 10 or 11.
11 Q And I can't read the last name I wrote down. 11 Q 10 or 11?
12 I'm sorry. 12 A 10 or 11.
13 A Cara. 13 Q What is the health of her -- what is the
14 Q Cara. 14 health of Lashawn's children?
15 A Cara is -- 15 A They're good, they're fine.
16 Q How old is Cara? 16 Q Okay. And Curtis, your son Curtis, what is
17 A Cara, I think she'll be 20. September 30th, 17 Curtis' full name?
18 I know that. 18 A Curtis Jerome McCant.
19 Q What is the health of the -- Nahkema's 19 Q Okay. And Mr. McCant is his father?
20 children? 20 A Yes.
21 A They're good, they're good. 21 Q What is his date of birth?
22 Q Okay. Lashawn, what is Lashawn's full name? 22 A February 24th, '89.
23 A Lashawn? Now, is Young. She don't have a 23 Q Okay. Where does he live?
24 middle name. 24 A On -- What's the street. I have to look in my
25 Q And Lashawn's father is Mr. Young? 25 phone for the address.
7 (Pages 22 - 25)
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023
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Page 26 Page 28
1 Q It's okay. 1 calling him today. I haven't talked to him all week.
2 A Okay. 2 Q And --
3 Q Is it in Buffalo? 3 A Torin, Torin, Torin, his name is Torin.
4 A Yes. 4 Q Okay. What is Owen and Torin's health?
5 Q Okay. And what is -- what is his health 5 A They good.
6 currently? 6 Q Okay. And is it Jacobbi?
7 A He's fine. 7 A Yes.
8 Q Has he ever suffered from any type of cancer? 8 Q What is Jacobbi's full name?
9 A No. 9 A Jacobbi Dhalyn McCant.
10 Q Has he ever suffered from any kind of 10 Q Mr. McCant is his father?
11 respiratory disease? 11 A Yes.
12 A No. 12 Q Okay. And what is Jacobbi's date of birth?
13 Q Okay. What does he do for a living? 13 A October 6th, '82 -- No, '82, yes.
14 A He works at the post office. He's a window 14 Q 1982?
15 clerk. 15 A Yes.
16 Q Okay. Is he married? 16 Q Okay. We were provided with --
17 A Yes. 17 A '92, '92.
18 Q Okay. What is his wife's name? 18 Q '92, okay. And where does Jacobbi live?
19 A Darnesha. 19 A In Niagara Falls.
20 Q Okay. And how old is Darnesha? 20 Q Okay. What is his health?
21 A Darnesha, how old is she? 21 A He's good.
22 Q If you know. 22 Q Okay. Has he ever been diagnosed with any
23 A I don't know. I couldn't guess maybe 30 or 23 form of cancer?
24 something. 24 A No.
25 Q Okay. What does Darnesha do for a living? 25 Q Has he ever been diagnosed with any type of
Page 27 Page 29
1 A Now she's not doing anything. She just take 1 respiratory disease or condition?
2 care of the kids now. 2 A No.
3 Q How many kids do they have? 3 Q Okay. What does he do for a living?
4 A Two. 4 A Has his own collectio
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 EXHIBIT 1 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 Page 1 1 VOLUME I 2 SUPREME COURT OF THE STATE OF NEW YORK EIGHTH JUDICIAL DISTRICT 3 --------------------------------------------x In Re: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION 4 --------------------------------------------x This Document Applies to: 5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE 6 --------------------------------------------x PATSY YOUNG, 7 Plaintiff, 8 vs. Index No. 815818/2020 9 AVENTIS, INC., et al, 10 Defendants. 11 --------------------------------------------x 12 Videotaped Transcript of PATSY YOUNG, called for Oral 13 Examination in the above-captioned matter, said deposition 14 being taken pursuant to Civil Practice Law & Rules by and 15 before Jane K. McGrath, Registered Professional Reporter and 16 Notary Public in and for the State of New York; taken at the 17 VIA VIRTUAL ZOOM, on February 11, 2021, commencing at 10:09 18 in the forenoon. 19 20 21 22 23 24 25 Job No. P1-4455353 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 Page 2 Page 4 1 APPEARANCES 1 For Defendants: MILLER & MARTIN 2 For Plaintiff: SIMON, GREENSTONE, PANATIER, PC Attorneys at Law 2 (Chattem, Inc.; Attorneys at Law 3 5 Penn Plaza 3 Fisons; Sanofi Suite 2100 Suite 2308 4 New York, New York 10001 4 Aventis; Aventis) 1180 W Peachtree Street, NW BY: SEAN K. KERLEY, ESQ. 5 Atlanta, Georgia 30309 5 (Via Telephone) 6 For Defendant: FOLEY & MANSFIELD 6 BY: EILEEN HINTZ RUMFELT, ESQ. (Avon Products, Attorneys at Law 7 (Via Telephone) 7 Inc.) 86 Chambers Street 8 Suite 202 8 New York, New York 10007 9 BY: MADELYN IULO, ESQ. 10 9 - Of Counsel - (Via Telephone) 11 Also Present: Jim Roberts 10 12 Videographer For Defendant: GIBSON, McASKILL & CROSBY, LLP 11 (Insight /Prestige) Attorneys at Law 13 69 Delaware Avenue, Suite 900 14 12 Buffalo, New York 14202-3866 BY: ROBERT J. MULLINS, II, ESQ. 15 13 (Via Telephone) 16 14 For Defendant: GORDON, REES, SCULLY, MANSUKHANI, LLP 17 (Colgate-Palmolive) Attorneys at Law 15 1 Battery Park Plaza, 28th Floor 18 16 New York, New York 10004 19 17 BY: DAVID OXAMENDI, ESQ. 18 (Via Telephone) 20 19 21 20 For Defendant: GORDON, REES, SCULLY, MANSUKHANI, LLP 21 (Macy's, Inc.) Attorneys at Law 22 22 1 Battery Park Plaza, 28th Floor 23 23 New York, New York 10004 24 BY: ALEKSANDRA SZAJNA, ESQ. 24 25 (Via Telephone) 25 Page 3 Page 5 1 For Defendants: HARRIS BEACH, PLLC 1 INDEX OF TESTIMONY (GlaxoSmithKline; Attorneys at Law 2 GSK Consumer 100 Wall Street 2 Heath, Block Drug New York, New York 10005 3 EXAMINATION OF PATSY YOUNG: PAGES: 3 Company, Inc.; BY: ROBERT SCHAEFER, JR., ESQ. 4 By Mr. Oxamendi: 8 - 238 Block Drug (Via Telephone) 4 Corporation) 5 5 For Defendant: HOAGLAND, LONGO, MORAN, DUNST 6 (Brenntag & DOUKAS, LLP 7 6 Specialties) Attorneys at Law 40 Paterson Street 8 7 New Brunswick, New Jersey 08903 9 BY: DANIEL R. KUSZMERSKI, ESQ. 10 8 (Via Telephone) 9 For Defendant: LANDMAN, CORSI, BALLAINE & FORD, PC INDEX OF REQUESTS (Whitaker Clark Attorneys at Law 11 10 and Daniels) One Gateway Center 12 By Mr. Oxamendi: 4th Floor 11 Newark, New Jersey 07102 13 Description of Request Page Line BY: SAM F. HANNA, ESQ. 14 (Retain the certificate and the 73 25 12 (Via Telephone) photographs of the welding class) 13 For Defendant: LITCHFIELD, CAVO, LLP (Cyprus Mines Attorneys at Law 15 14 Corp.) 420 Lexington Avenue 16 Suite 2104 17 15 New York, New York 10170 16 BY: DANA M. RICCI, ESQ. 18 17 (Via Telephone) 19 18 20 19 For Defendants: PHILLIPS LYTLE, LLP 20 (Novartis Attorneys at Law 21 21 Corporation, One Canalside 22 22 Novartis 125 Main Street 23 23 Pharmaceuticals Buffalo, NY 14203-2887 24 Corporation) BY: MARY JO HERRSCHER, ESQ. 24 25 (Via Telephone) 25 2 (Pages 2 - 5) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 Page 6 Page 8 1 IT IS HEREBY STIPULATED AND AGREED by and between 1 P A T S Y Y O U N G , called as a witness 2 the attorneys for the respective parties hereto that filing, 2 and being duly sworn, testifies as follows: 3 sealing and certification of the within Examination Before 3 THE VIDEOGRAPHER: You may proceed. 4 Trial be waived; that all objections, except as to form, are 4 EXAMINATION BY MR. OXAMENDI 5 reserved to the time of trial. 5 Q Good morning. Good morning, Miss Young. 6 IT IS FURTHER STIPULATED AND AGREED that the 6 A Good morning. 7 transcript may be signed before any Notary Public with the 7 MR. OXAMENDI: Before we beginning I 8 same force and effect as if signed before a Clerk or Judge of 8 just -- I just have a brief objection for the 9 the Court. 9 record. 10 IT IS FURTHER STIPULATED AND AGREED that the within 10 My client has not been served in this 11 examination may be utilized for all purposes as provided by 11 action, and my appearance here today does not 12 the CPLR. 12 waive any defenses as to jurisdiction or 13 IT IS FURTHER STIPULATED AND AGREED that all rights 13 service. 14 provided to all parties by the CPLR shall not be deemed 14 Anybody else have any objections? 15 waived and the appropriate sections of the CPLR shall be 15 MS. IULO: Madelyn Iulo, join. 16 controlling with respect thereto. 16 MR. MULLINS: Yes. This is Rob Mullins. 17 IT IS FURTHER STIPULATED AND AGREED by and between 17 I would join. 18 the attorneys for the respective parties hereto that a copy 18 EXAMINATION BY MR. OXAMENDI 19 of this Examination shall be furnished, without charge, to 19 Q All right. Good morning, Miss Young. My name 20 the attorney representing the witness testifying herein. 20 is David Oxamendi. I'm from the law firm Gordon, Rees. I 21 21 will be asking you the majority of the questions today, and 22 22 possibly tomorrow as well. And then after that others 23 23 attorneys in the room will have questions for you as well. 24 24 A Okay. 25 25 Q Do you understand we're taking -- Page 7 Page 9 1 THE VIDEOGRAPHER: Good morning. We are 1 MR. MULLINS: Sorry, Mr. Oxamendi, just 2 going on the record at approximately 2 one more statement for the record. It's 3 10:09 a.m. on February 11th, 2021. Please 3 Rob Mullins again. I apologize. I don't -- 4 silence any cell phones, computer tones, or 4 I'm try pull up the notice. I don't recall if 5 other electronic devices. Audio and video 5 this was noticed as a video deposition. And 6 recording will continue to take place unless 6 even if it were, I'm just not sure that using 7 all parties agree to go off the record. This 7 a Zoom recording meets all the requirements 8 is Media Unit 1 of the remote video recorded 8 that a video recorded deposition ordinarily 9 deposition of Patsy Young taken by counsel for 9 would. So I just want to at least reserve the 10 defendant in the matter of Patsy Young versus 10 right to object to the use of the video. I 11 Aventis, Incorporated, et al. Filed in the 11 thought it was a discovery deposition. And so 12 Supreme Court, of the State of New York, 12 I just want to put that on the record that I 13 County of Erie, Eighth Judicial District, 13 reserved that right to object to the use of 14 Asbestos Litigation, Index Number 815818/2020. 14 that video, that's all. 15 My name is Jim Roberts here in 15 MR. KERLEY: Your objection is noted. We 16 association with Priority-One, a Veritext 16 can litigate that issue at a later date. 17 company. I'm the videographer. The court 17 MR. OXAMENDI: I'll join that objection 18 reporter is Jane McGrath, also with Veritext. 18 as well. 19 All counsel consent to this remote video 19 Q Miss Young, you understand we're taking your 20 arrangement, and waive objections to this 20 deposition by video today because of the health and safety 21 matter of reporting, and to the remote 21 concerns surrounding the corona virus? 22 swearing in of the witness. The court 22 A Yes. 23 reporter has noted counsel's appearances and 23 Q Where are you physically located today? 24 will now please swear in the witness. 24 A 99 Kensington Avenue; Buffalo, New York, 25 25 14214. 3 (Pages 6 - 9) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 YOUNG - OXAMENDI Page 10 Page 12 1 Q Is that your home? 1 A 60 -- 68 -- No, 69, 69. 2 A Yes. 2 Q I forget my own age as well. 3 Q Is anybody present with you in the room? 3 A Yeah, I don't try to keep up. As long as I 4 A No. 4 live another year, I'm good. 5 Q Do you have any papers in front of you? 5 Q Where were you born? 6 A No. 6 A Memphis, Tennessee. 7 Q Have you ever had a deposition of you taken 7 Q Okay. I'm going to ask you for your Social 8 before? 8 Security number, but first we're going to go off the record 9 A No. 9 so we can get that from you. 10 Q Okay. Ever testified at a trial or hearing 10 MR. OXAMENDI: So if this can be off the 11 before? 11 record for a moment. 12 A No. 12 THE VIDEOGRAPHER: Stand by. Going off 13 Q Now the court -- Just a couple of rules before 13 the record 10:14 a.m. 14 we begin just so you know how this works. The court reporter 14 (A discussion was held off the record.) 15 is taking down everything that you say. So it's important 15 MR. OXAMENDI: Back on the record, 16 that you provide all of your answers verbally. If you don't 16 please. 17 know the answer to a question, I don't know is a perfectly 17 THE VIDEOGRAPHER: Back on the record 18 acceptable answer. Whenever you feel you need to take a 18 10:15 a.m. 19 break, if you feel tired, just let your attorney know and 19 Q Okay. Miss Young, to prepare for this 20 myself, and we'll do that and accommodate you. Is there any 20 deposition today did you do any research of any type of 21 reason that you know of why this deposition can not proceed 21 products? 22 today? 22 A No. 23 A No. 23 Q Did you do any research on any of the 24 Q Okay. Have you ever been diagnosed with any 24 companies that are sued in this case? 25 conditions that may impact your memory? 25 A No. Page 11 Page 13 1 A No. 1 Q Did you ask anyone to do any research on your 2 Q Okay. Have you taken any medications in the 2 behalf? 3 past 24 hours? 3 A No. 4 A No. 4 Q Okay. Aside from your attorney did you speak 5 Q Can you please state your full name for the 5 to anyone else to prepare for this deposition today? 6 record? 6 A No. 7 A Patsy Marie Young. 7 Q Okay. Do you have a computer or is there a 8 Q Is Young your maiden name? 8 computer in your home? 9 A Yes. 9 A Yes, I have a computer. 10 Q Do you go by any nicknames? 10 Q Did you do any research on your computer? 11 A No. 11 A No. 12 Q Okay. What is your date of birth? 12 Q Okay. Are you on social media at all? 13 A 10/1/61. 13 A Yes, Facebook. 14 Q And how old does that make you today? 14 Q What kind of -- Any besides Facebook, any 15 A It is my maiden name -- my maiden name is 15 other accounts on social media? 16 Foreman. 16 A No. 17 Q Okay. So your maiden name is Foreman? 17 Q Okay. Now you have two lawyers present today; 18 A Yes. 18 one on a Zoom call, and I believe one on the phone. Have you 19 Q Have you been known by any other names other 19 ever met Mr. Kerley before? 20 than Patsy Foreman or Patsy Young? 20 A I don't think so. In person? Mr. -- 21 A No. 21 Q Yeah. 22 Q Do you go by any nicknames? 22 A I met I think one -- I don't know if it was 23 A Pat. 23 Mr. Kerley or not. 24 Q Okay. What is your -- How old -- how old are 24 Q Okay, okay. When did you first -- How did you 25 you today? 25 obtain your the law firm that's representing you currently? 4 (Pages 10 - 13) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 YOUNG - OXAMENDI Page 14 Page 16 1 A My daughters called. She asked -- she said 1 A Leroy Young. 2 that I need to call somebody when I got diagnosed. She was 2 Q Is Mr. Young still living? 3 saying that I needed to call somebody. So she gave me a 3 A Yes. 4 number. 4 Q Where did you meet Mr. Young? 5 Q Did you ever -- do you know the name of the 5 A Down the street from my house. He stayed on 6 law firm that you hired? 6 the same street. 7 A Sitz -- Lipskits -- Pontaro. 7 Q Is this in Buffalo or somewhere else? 8 Q Lipsitz -- 8 A Yes, in Buffalo. 9 A Lipsitz & Ponterio. 9 Q Okay. And when did you meet? 10 Q Okay. Have you met with anybody from Lipsitz 10 A Like in '78. 11 & Ponterio prior to today? 11 Q Did you live together prior to being married? 12 A Just when they came out and took -- left some 12 A No, no. 13 papers to do, to fill out my family history and stuff like 13 Q Okay. After being married did that marriage 14 that -- 14 end in -- Strike that. 15 Q Okay. 15 Did that marriage end in divorce? 16 A -- my kids -- 16 A Yes. 17 Q You don't have to tell me what's -- 17 Q And when was the divorce? 18 A Okay. 18 A I have no clue what year it was divorced. I 19 Q Did you ever meet with anybody in person or 19 went downtown for something, and they told me I was divorced, 20 did you speak with an attorney over the phone? 20 so ... 21 A That -- just that person when they came out, 21 Q Okay. Did there come -- 22 but on the phone. 22 A I didn't care. 23 Q Okay. How many times before today have you 23 Q Did there come a point that you separated 24 spoken to an attorney from Lipsitz & Ponterio? 24 prior to the divorce? 25 A Maybe two or three times or something, maybe 25 A No. It was just over. Page 15 Page 17 1 three. 1 Q Okay. When was the marriage over? 2 Q Okay. And of those two or three -- of those 2 A In '81. 3 two or three times were they all on -- all in person? 3 Q Have you spoken to him since 1981? 4 A No, on the phone. 4 A Maybe two or three times. 5 Q They were all on the phone? 5 Q How would you describe your relationship with 6 A Yes. 6 Mr. Young? 7 Q Was anybody else present with you during those 7 A I don't have one. 8 phone conversations? 8 Q What were those conversations about? 9 A No, no. 9 A He came in once, and told me about one of the 10 Q Okay. All right. Do you recall the name of 10 family members passing away. Was another time that he 11 the lawyer you spoke with -- 11 came -- I don't know if he came to see my grandkids here or 12 A No. 12 something, but nothing really. 13 Q -- on those occasions? 13 Q Does he know about your current medical 14 A No. 14 condition? 15 Q Okay. All right. Miss Young, are you 15 A I don't know. I think my daughter might have 16 married? 16 told him about that I was sick, that I was in the hospital. 17 A No. 17 Q Okay. How many children did you have with 18 Q Okay. Have you ever been married? 18 him? 19 A Yes. 19 A Two. 20 Q Okay. What is -- How many times have you been 20 Q Okay. I'll ask you some more -- Well, what 21 married? 21 are the names of the children you had with Mr. Young? 22 A Once. 22 A Nahkema and Lashawn. 23 Q Okay. What is the date of your marriage? 23 Q Now my understanding is that after Mr. Young 24 A March 3rd, 1979. 24 you were in a relationship with someone else, but you were 25 Q And who did you marry? 25 not married, is that correct? 5 (Pages 14 - 17) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 YOUNG - OXAMENDI Page 18 Page 20 1 A Yes. 1 marriage? 2 Q Okay. And what is the name of the person that 2 A It was good, he was strong. 3 you are in a relationship with? 3 Q Do you know what his current health condition 4 A Leroy -- I mean Jerome McCant. I'm sorry. 4 is now? 5 Q That's all right. And when did you first meet 5 A I think my daughter said that he's sick -- 6 Mr. McCant? 6 Q Do you know -- 7 A Right after -- right after me and him broke 7 A -- but I don't know what he's sick from, no. 8 up. Because he -- he stayed next door to me. 8 Q Okay. Thank you. How about Mr. McCant, 9 Q He was your neighbor? 9 during the marriage [sic] what did he work as for pay? 10 A Yes. 10 A Oh, boy. He had many jobs. He was a cook at 11 Q So that would have been around 1981? 11 restaurant, he was a cook, he drove cabs, he mainly worked at 12 A Yes. 12 restaurants. He was a sous-chef. 13 Q And when did you and Mr. McCant start living 13 Q Do you know the names of any of the 14 together, if ever? 14 restaurants that he worked at? 15 A Not long after. 15 A Old Country Buffet, he worked at one of the 16 Q And my understanding is that he passed away? 16 upscale restaurants downtown. I'm trying to think of what 17 A Yes. 17 that is downtown in the hotel. He worked at pizza places, 18 Q When did he pass away? 18 just a lot of places. He did a lot of stuff just to take 19 A In 2005. 19 care of us. 20 Q From around 1981, 1982 when he first moved in 20 Q Okay. What was -- Did he -- Was he a smoker? 21 until 2005 did he continuously live with you during that 21 A Did he smoke? I think he did -- started out 22 period? 22 smoking, but I don't think he smoked for long. 23 A Until 2000. 23 Q Do you know about when did he quit smoking? 24 Q What happened in 2000? 24 A No. 25 A Why we broke up? 25 Q Are you able to estimate for me how many years Page 19 Page 21 1 Q Okay. So you broke up in 2000? 1 during the time that you were together that he was a smoker? 2 A Yes. 2 A Maybe five years or something. Because he 3 Q So was that relationship over then by the year 3 did -- and then when he did it, he didn't do it -- he did it 4 2000? 4 outside of the house. 5 A Yes, it was over. 5 Q Do you know how much he smoked? 6 Q Okay. And why did that relationship end in 6 A A few cigarettes. He wasn't a real big smoker 7 2000? 7 when he did smoke. 8 A I found out that he was using drugs. 8 Q When you say a few cigarettes, that's a few 9 Q Do you know what kind of drugs he was using? 9 cigarettes a day? 10 A No. 10 A Yes. 11 MR. KERLEY: I'm going to object. We're 11 Q All right. How many children do you have? 12 getting pretty far afield. I thought it was 12 A Four. 13 patently irrelevant, but that's okay. 13 Q Four. Can you tell me the names of all four 14 Q During the time that you were married to 14 children starting from the oldest to the youngest? 15 Mr. Young, did he work outside the home? 15 A Nahkema, Lashawn, Curtis and Jacobbi. 16 A Mr. Young, yes. 16 Q Okay. And let's start with Nahkema. What is 17 Q Okay. What did he do? 17 Nahkema's full name? 18 A We were young. So he worked at a rug company, 18 A Nahkema Shashawn Clay now. 19 Doorway Rugs, he did, like, little security stuff, just 19 Q Okay. And is her father Mr. Young? 20 anything he could to take care of us he did. He worked at 20 A Yes. 21 canning factories. We were both 17 years old, so ... 21 Q Okay. When was Nahkema born? 22 Q Did he smoke during the marriage? 22 A 1979. 23 A Yes, yes, I believe he smoked. I'm not sure. 23 Q Okay. Where does she live? 24 No, no, he didn't smoke, he didn't smoke. 24 A Where does she live now? 25 Q Okay. What was his health during the 25 Q Yeah. 6 (Pages 18 - 21) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 YOUNG - OXAMENDI Page 22 Page 24 1 A On Hunt Street. 1 A Yes. 2 Q Is that in Buffalo? 2 Q Okay. And when was Lashawn born? 3 A Yes. 3 A '81. 4 Q What is her health? 4 Q And where does Lashawn live? 5 A It's good. 5 A 119 Kensington. Down the street from me. 6 Q Okay. Has she ever been diagnosed with any 6 Q What is Lashawn's health? 7 form of cancer? 7 A She's good. 8 A No. 8 Q Okay. Has Lashawn ever been diagnosed with 9 Q Has she ever been diagnosed with any type of 9 any form of cancer? 10 respiratory disease? 10 A No. 11 A No. 11 Q Has Lashawn ever been diagnosed with any type 12 Q What is her occupation? 12 of respiratory disease or condition? 13 A She's an RN. 13 A No. 14 Q Okay. At a hospital, or a clinic, or 14 Q Okay. What does Lashawn do for a living? 15 somewhere else? 15 A She's an RN, too. 16 A Right now she does the -- what is it, she do 16 Q And where does Lashawn work? 17 the intake on the patients on the phone. She's not out in 17 A She work for, what is the name of that place. 18 the field now. 18 She goes house to house though. She's -- she with CNA. She 19 Q Okay. 19 works for the CNA. 20 A She just do all of the stuff online. 20 Q Okay. 21 Q Do you know who she works for? 21 A VNA, VNA, yeah. 22 A Oh, boy. 22 Q She's a visiting nurse? 23 Q It's okay if you don't know. 23 A Yes. 24 A No. 24 Q Is Lashawn married? 25 Q All right. Is she married? 25 A Divorced. Page 23 Page 25 1 A No. She's divorced. 1 Q Okay. Does Lashawn have any children? 2 Q Okay. Does she have any children? 2 A Three. 3 A Four. 3 Q What are their names? 4 Q What are their names? 4 A Nalah, Sean and Antjuan. 5 A Maya and Sydney, they're twins. Dakota and, 5 Q How old is Nalah? 6 man, Cara. I have 12 of them. 6 A Nalah will be 21. 7 Q How old -- Wow. How old is Maya and Sydney? 7 Q How old is Sean? 8 A Twenty-two. 8 A Sean is 15; 14, 15; somewhere around there. 9 Q How old is Dakota? 9 Q How old is Antjuan? 10 A Fifteen. 10 A He's 10, 10 or 11. 11 Q And I can't read the last name I wrote down. 11 Q 10 or 11? 12 I'm sorry. 12 A 10 or 11. 13 A Cara. 13 Q What is the health of her -- what is the 14 Q Cara. 14 health of Lashawn's children? 15 A Cara is -- 15 A They're good, they're fine. 16 Q How old is Cara? 16 Q Okay. And Curtis, your son Curtis, what is 17 A Cara, I think she'll be 20. September 30th, 17 Curtis' full name? 18 I know that. 18 A Curtis Jerome McCant. 19 Q What is the health of the -- Nahkema's 19 Q Okay. And Mr. McCant is his father? 20 children? 20 A Yes. 21 A They're good, they're good. 21 Q What is his date of birth? 22 Q Okay. Lashawn, what is Lashawn's full name? 22 A February 24th, '89. 23 A Lashawn? Now, is Young. She don't have a 23 Q Okay. Where does he live? 24 middle name. 24 A On -- What's the street. I have to look in my 25 Q And Lashawn's father is Mr. Young? 25 phone for the address. 7 (Pages 22 - 25) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/17/2023 YOUNG - OXAMENDI Page 26 Page 28 1 Q It's okay. 1 calling him today. I haven't talked to him all week. 2 A Okay. 2 Q And -- 3 Q Is it in Buffalo? 3 A Torin, Torin, Torin, his name is Torin. 4 A Yes. 4 Q Okay. What is Owen and Torin's health? 5 Q Okay. And what is -- what is his health 5 A They good. 6 currently? 6 Q Okay. And is it Jacobbi? 7 A He's fine. 7 A Yes. 8 Q Has he ever suffered from any type of cancer? 8 Q What is Jacobbi's full name? 9 A No. 9 A Jacobbi Dhalyn McCant. 10 Q Has he ever suffered from any kind of 10 Q Mr. McCant is his father? 11 respiratory disease? 11 A Yes. 12 A No. 12 Q Okay. And what is Jacobbi's date of birth? 13 Q Okay. What does he do for a living? 13 A October 6th, '82 -- No, '82, yes. 14 A He works at the post office. He's a window 14 Q 1982? 15 clerk. 15 A Yes. 16 Q Okay. Is he married? 16 Q Okay. We were provided with -- 17 A Yes. 17 A '92, '92. 18 Q Okay. What is his wife's name? 18 Q '92, okay. And where does Jacobbi live? 19 A Darnesha. 19 A In Niagara Falls. 20 Q Okay. And how old is Darnesha? 20 Q Okay. What is his health? 21 A Darnesha, how old is she? 21 A He's good. 22 Q If you know. 22 Q Okay. Has he ever been diagnosed with any 23 A I don't know. I couldn't guess maybe 30 or 23 form of cancer? 24 something. 24 A No. 25 Q Okay. What does Darnesha do for a living? 25 Q Has he ever been diagnosed with any type of Page 27 Page 29 1 A Now she's not doing anything. She just take 1 respiratory disease or condition? 2 care of the kids now. 2 A No. 3 Q How many kids do they have? 3 Q Okay. What does he do for a living? 4 A Two. 4 A Has his own collectio