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FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023
FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023
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2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
3 INDEX NO. 515277/2018
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4 ANTONIO ESPINOSA,
5 Plaintiff,
6 -against-
7 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.,
8 Defendants.
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9 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.
10 Third-Party Plaintiffs,
11 -against-
12 GILMAR DESIGN CORPORATION,
13 Third-Party Defendant.
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14 Zoom - Teleconference
15 October 14, 2020
11:26 a.m.
16
17 EXAMINATION BEFORE TRIAL of PLAINTIFF,
18 ANTONIO ESPINOSA, by the Third-Party Defendant
19 in the above-entitled action, held at the
20 above time and place, taken before JENNIFER
21 CRUZ, a Professional Shorthand Reporter and
22 Notary Public of the State of New York,
23 pursuant to Order and stipulations between
24 Counsel.
25
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2 A P P E A R A N C E S:
3 (All parties appearing in video conference via
4 Zoom).
5
6 ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
7 149 East 149th Street
Bronx, New York 10451
8
BY: BARRY SEMEL-WEINSTEIN, ESQ.
9 BSEMELWEINSTEIN@ORESKYLAW.COM
FILE NO.: 18-1005
10
11 HAVKINS ROSENFELD RITZERT &
VARRIALE, LLP
12 Attorneys for Defendant/
Third-Party Plaintiff
13 ROYAL HOME IMPROVEMENTS, INC.
114 Old Country Road-Suite 300
14 Mineola, New York 11501
15 BY: AFAF SULIEMAN, ESQ.
16
17
18 RAWLE & HENDERSON, LLP
Attorneys for Third-Party Defendant
19 GILMAR DESIGN CORPORATION
14 Wall Street-27th Floor
20 New York, New York 10005
21 BY: RICH POLNER, ESQ.
RPOLNER@RAWLE.COM
22
23 ALSO PRESENT:
24 Laura Hernandez - Spanish interpreter
25
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2 STIPULATIONS
3 IT IS HEREBY STIPULATED, by and between the
4 attorneys for the respective parties hereto,
5 that:
6 All rights provided by the C.P.L.R., and
7 Part 221 of the Uniform Rules for the Conduct
8 of Depositions, including the right to object
9 to any question, except as to form, or to move
10 to strike any testimony at this examination is
11 reserved; and in addition, the failure to
12 object to any question or to move to strike
13 any testimony at this examination shall not be
14 a bar or waiver to make such motion at, and is
15 reserved to, the trial of this action.
16 This deposition may be sworn to by the
17 witness being examined before a Notary Public
18 other than the Notary Public before whom this
19 examination was begun, but the failure to do
20 so or to return the original of this
21 deposition to counsel, shall not be deemed a
22 waiver of the rights provided by Rule 3116,
23 C.P.L.R., and shall be controlled thereby.
24 The filing of the original of this
25 deposition is waived.
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2 IT IS FURTHER STIPULATED, a copy of this
3 examination shall be furnished to the attorney
4 for the witness being examined without charge.
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1 A. ESPINOSA
2 THE COURT REPORTER: So before I
3 swear in the witness and the
4 interpreter, I just have to ask all
5 counsels to agree to me swearing them
6 in over the computer rather than in
7 person.
8 MS. SULIEMAN: Yes, I agree.
9 MR. POLNER: Yes, you have my
10 consent.
11 MR. SEMEL-WEINSTEIN: Yes.
12 THE COURT REPORTER: Mr. Polner, do
13 you want a copy of the transcript?
14 MR. POLNER: Yes, please.
15
16 (Continued on next page).
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1 A. ESPINOSA
2 L A U R A H E R N A N D E Z, called as the
3 interpreter in this matter, was duly sworn by
4 a Notary Public of the State of New York to
5 accurately and faithfully translate the
6 questions propounded to the witness from
7 English into Spanish and the answers given by
8 thewitness from Spanish into English.
9 oOo
10 A N T O N I O E S P I N O S A, the witness
11 herein, having been first duly sworn by a
12 Notary Public of the State of New York, was
13 examined and testified through the interpreter
14 as follows:
15 EXAMINATION
16 BY MR. POLNER:
17 Q. State your name for the record,
18 please.
19 A. Antonio Espinosa.
20 Q. State your address for the record,
21 please.
22 A. 1732 West 1st Street, Brooklyn, New
23 York 11223.
24 Q. Good morning, Mr. Espinosa. My name
25 is Richard Polner. I'm an attorney at the
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1 A. ESPINOSA
2 office of Rawle & Henderson. We represent
3 Gilmar Design with respect to your personal
4 injury action.
5 I'm going to be asking you some
6 questions today regarding your personal
7 injury action and the incident that you're
8 alleging the injury stemmed from. I
9 understand that you previously appeared for a
10 similar deposition on this matter and I'm
11 going to do my best to not go over the same
12 material and the same questions that were
13 asked of you previously. Understand there's
14 going to be some repetition.
15 And with respect to the questions I
16 ask, I just request that your answers be
17 verbal, whether it be yes's or no's or
18 descriptions as the questions would require.
19 And I understand if there's
20 something that you do not remember or do not
21 recall, I don't wish for you to guess. If
22 you do not recall information, please feel
23 free to say that you do not remember or you
24 do not recall.
25 Do you understand?
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1 A. ESPINOSA
2 A. Yeah, that's okay.
3 Q. And if there's a question that I ask
4 that you don't understand, please let me know
5 so I can rephrase it so you could better
6 understand it. If you answer a question that
7 you didn't understand, it's going to be
8 perceived that you understood the question
9 when you answered it.
10 And if you wish to take a break,
11 we'll certainly accommodate you as long as
12 there isn't a question pending that requires
13 an answer.
14 A. Okay.
15 Q. Currently, are you under the --
16 withdrawn.
17 Currently, are you taking any
18 prescription medication?
19 A. No.
20 Q. Okay. And what's your date of
21 birth?
22 MR. POLNER: And obviously for the
23 record, we'll just put down the year.
24 A. XX/XX/1979.
25 MR. POLNER: I'm sorry. Madam
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1 A. ESPINOSA
2 reporter, can you read that back
3 please?
4 (Whereupon, the record was read
5 by the reporter.)
6 Q. And Mr. Espinosa, have you ever
7 received a Social Security number?
8 A. No.
9 Q. Okay. Have you ever applied for an
10 individual tax identification number?
11 A. Yes, the ITIN.
12 Q. So Mr. Espinosa, you have an ITIN;
13 is that correct?
14 A. Yes.
15 Q. Okay. And what is that number?
16 MR. POLNER: For the record, just
17 put the last four digits.
18 MR. SEMEL-WEINSTEIN: He doesn't
19 remember it offhand.
20 Do you remember the last four
21 digits?
22 He doesn't recall the number
23 offhand.
24 MR. POLNER: Okay. We're going to
25 mark this eventually as Defendant's
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1 A. ESPINOSA
2 Exhibit A of today's date.
3 Do you see that, Barry?
4 MR. SEMEL-WEINSTEIN: Yeah, I'm
5 pointing it to him.
6 Q. Okay. So Mr. Espinosa, I'm showing
7 you what's been marked as Defendant's Exhibit
8 A of today's date.
9 Do you recognize the document that
10 is currently visible on your screen?
11 A. Yes.
12 Q. And what do you recognize this to
13 be?
14 A. It's the place where I work right
15 now.
16 Q. Okay. Is this a tax form that you
17 received from your current employer?
18 A. Yes.
19 Q. Okay. Did you file a federal tax
20 return for the year 2019?
21 A. Yes, I did.
22 Q. Okay. Did you also file state tax
23 returns for the year 2019?
24 A. I didn't file taxes for 2019.
25 Q. Okay. I'll ask you a couple of
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1 A. ESPINOSA
2 other questions with respect to that, but
3 first: Do you see the name that's listed on
4 what's been marked as Defendant's Exhibit A
5 is Antonio E. Balderas?
6 Do you see that?
7 A. Yes.
8 Q. Okay. Other than the name Antonio
9 Espinosa, have you ever gone by any other
10 names?
11 A. No.
12 Q. Okay. So is the name on this tax
13 form your full given name or is it something
14 else?
15 A. It's my complete given name, but the
16 E. is just the initial.
17 Q. Okay. Is the E. that is shown on
18 what's been marked as Defendant's Exhibit A,
19 does that stand for Espinosa or does it stand
20 for some other name?
21 A. Espinosa, it belongs to Espinosa.
22 Q. Okay. So would I understand it
23 correctly that Espinosa is one of your
24 parent's names and Balderas is your other
25 parent's name?
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1 A. ESPINOSA
2 A. Yes.
3 Q. Okay. So your full given name is
4 Antonio Espinosa Balderas, but you go by the
5 name of Antonio Espinosa; is that correct?
6 A. Yes, I go by Antonio Espinosa all
7 the time.
8 Q. Okay. And other than for Avenue J
9 Fish Center, did you work for any other
10 companies in 2019?
11 A. Before this one, I was working in a
12 meat market.
13 Q. And when you say "meat market," is
14 that the Jerusalem Glatt Meat Market or
15 something else?
16 A. Yes, that name that you said.
17 Q. And currently, are you still
18 employed with Avenue J Fish Center?
19 A. Yes.
20 Q. Okay. And have you worked with
21 Avenue J Fish Center the entire year of 2020
22 to date?
23 THE INTERPRETER: 2020?
24 MR. POLNER: Yes. 2020 to date.
25 A. Yes.
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2 Q. Okay. From the months of March of
3 this year until August of this year, did you
4 miss any time from work due to the pandemic
5 lockdown?
6 A. No.
7 Q. Okay. And how much are you
8 currently earning in your position at Avenue
9 J Fish Center?
10 A. 15 per hour.
11 THE INTERPRETER: One, five.
12 Q. And do you receive any medical
13 benefits or any pension benefits, things of
14 that nature, in your employment at Avenue J
15 Fish Center?
16 A. I don't know.
17 Q. Okay. Do you know whether or not
18 your employer provides you with medical
19 insurance?
20 A. No.
21 Q. Do you have private medical
22 insurance?
23 A. No.
24 Q. Okay. Have you ever applied for
25 Medicaid?
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1 A. ESPINOSA
2 A. No.
3 Q. And prior to your employment with
4 Avenue J Fish Center, for what period of time
5 were you employed with Jerusalem Glatt?
6 A. More than a year. I don't remember
7 exactly how long.
8 Q. Well, let me ask you this way: Do
9 you recall when you first were employed with
10 Avenue J Fish Center?
11 A. About a year and three months ago,
12 approximately.
13 Q. And immediately before that you were
14 employed with Jerusalem Glatt.
15 For what period of time did you work
16 for Jerusalem Glatt before you went to work
17 for Avenue J Fish Center?
18 A. A little more than a year. I don't
19 remember, as I told you before.
20 Q. And before working for Jerusalem
21 Glatt, who was your employer?
22 A. With Marat and Gilmanov.
23 Q. Would that be with Gilmar; is that
24 correct?
25 A. Yes.
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2 Q. And your last date with Gilmar was
3 on what date, if you recall?
4 A. The date of the accident,
5 January 11th, 2018.
6 Q. Okay. Before I go into your
7 employment with Gilmar, just again, I want to
8 briefly go through your prior background.
9 Now, I understand that you
10 immigrated to the United States from Mexico;
11 is that correct?
12 A. Yes.
13 Q. Okay. And what year was that?
14 A. Approximately in 2009.
15 Q. Okay. And did you come to the
16 United States with anyone or did you come by
17 yourself?
18 A. I came with someone else.
19 Q. Who did you come with?
20 A. With a friend.
21 Q. Okay. I understand that you are not
22 married; correct?
23 A. Not married.
24 Q. And I also understand that you have
25 one daughter; is that correct?
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1 A. ESPINOSA
2 A. Yes.
3 Q. Okay. And where does your daughter
4 reside?
5 A. In Mexico.
6 Q. And how old is she?
7 A. Now she's 12.
8 Q. And what's your highest level of
9 education?
10 A. In Mexico I did middle school.
11 Q. And when you say -- when you say in
12 Mexico you did middle school, until what age
13 did you attend school when you were in
14 Mexico?
15 A. I was about 14 years.
16 THE INTERPRETER: One, four.
17 Q. And after you stopped attending
18 school, did you seek employment or did you do
19 something else?
20 A. I take employment.
21 Q. Okay. And what employment did you
22 take after you left school?
23 A. I was selling bread in the street.
24 Q. And for what period of time did you
25 sell bread in the streets?
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2 A. Until I was 19 or 20.
3 Q. And what changed when you were 19
4 and 20, if anything?
5 A. I went to the army, to the Mexican
6 military.
7 Q. Okay. And for what period of time
8 did you spend in the Mexican military?
9 A. Approximately five years.
10 Q. And the Mexican military, does it
11 have ranks similar to the U.S. military?
12 A. Yes.
13 Q. Okay. When you first enlisted with
14 the Mexican military, what was your rank?
15 A. Just officer.
16 Q. In the five years that you served in
17 the Mexican military, did you ever receive a
18 promotion?
19 A. Yes, to the first grade.
20 Q. When you were promoted, did you
21 receive a different rank or a different title
22 other than officer?
23 A. Only the one that I had, officer.
24 Q. During the five years that you were
25 in the Mexican military, did you ever receive
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1 A. ESPINOSA
2 any additional education?
3 A. No.
4 Q. Okay. What type of training, if
5 any, did you receive while you were in the
6 Mexican military?
7 A. Yes.
8 Q. No. What type of training did you
9 receive?
10 A. Gun management.
11 Q. So when you say "gun management,"
12 would that be firearm use or something else?
13 A. Yeah, firearm use.
14 Q. Other than how to use firearms, did
15 you receive any other training while you were
16 in the Mexican military?
17 A. Yes.
18 Q. Okay. Can you please describe the
19 other training you received while you were in
20 the Mexican military other than the use of
21 firearms?
22 A. Rescue in high mountains and
23 parachute training.
24 Q. Other than the training that you
25 discussed, did you receive any other training
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2 while you were in the Mexican military for
3 the five years that you served?
4 A. Only the ones that I mentioned.
5 Q. Okay. And is there a reason why you
6 left the military after five years?
7 A. Because I couldn't get anymore
8 promotions there.
9 Q. Okay. When you initially enlisted
10 with the Mexican military, did you enlist for
11 a specific period of time or was it just an
12 open-ended period of time?
13 A. The first contract was for three
14 years.
15 Q. And when that contract expired, you
16 reenlisted; correct?
17 A. After that first contract you can
18 stay for the time that you want.
19 Q. Okay. So after your contract
20 expired, you were able to stay in the
21 military until you no longer wanted to
22 remain; is that correct?
23 A. Yes.
24 Q. And did you have to fill out any
25 paperwork to leave the Mexican military?
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2 A. Yes, I filled out documents and I
3 signed documents.
4 Q. So you filled out documents
5 indicating that you wished to leave the
6 military and you were discharged; correct?
7 A. Yes.
8 Q. Okay. And once you left the
9 military, what's the -- did you seek out
10 employment?
11 A. Yes.
12 Q. What was the first employment you
13 obtained after you left the military?
14 A. In a baby shoe factory.
15 Q. So it was a factory job; correct?
16 A. A small family business.
17 Q. And what was your position in this
18 family business making baby shoes?
19 A. I had to make the frame for the
20 shoes and put the soles.
21 Q. Did you do that by hand or did you
22 use heavy machinery, hand tools, something
23 else?
24 A. We were using hand tools.
25 Q. What types of hand tools did you use
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2 in this job making baby shoes?
3 A. A hammer, heater and tweezers.
4 Q. And for what period of time did you
5 work for this company?
6 A. Until the day when I came to the
7 United States.
8 Q. All right. Do you recall when you
9 first started working for this company after
10 you left the military?
11 A. After I was discharged from the
12 army.
13 Q. Right. Do you recall when you were
14 discharged from the army; the year, the
15 month?
16 A. When I left the army?
17 Q. Correct.
18 A. It was in the end of 2006.
19 Q. And did you start working for this
20 family business immediately after being
21 discharged from the military or was there a
22 period of time where you were unemployed?
23 A. No, right away I started working
24 with the baby shoe factory.
25 Q. Okay. So did you start working for
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2 that shoe factory in 2006 or was it the
3 beginning of 2007?
4 A. Approximately at the beginning of
5 2007.
6 Q. Okay. I just want to make sure I
7 have the timeline down right.
8 You were discharged from the
9 military at the end of 2006; correct?
10 A. Approximately, yes.
11 Q. Okay. And you started working for
12 the shoe factory immediately after you were
13 discharged; right?
14 A. Yes.
15 Q. Okay. So did you start working for
16 the shoe factory at the end of 2006 or did
17 you start working for them sometime in 2007?
18 A. I'm not sure. I don't know exactly,
19 but it was at the beginning of 2007. It was
20 a long time ago.
21 Q. Okay. And earlier you said you came
22 to the United States you believed around
23 2009; correct?
24 A. Yes, approximately.
25 Q. Okay. So you worked for this shoe
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2 factory for approximately two years.
3 Would that be accurate?
4 A. Yes, approximately.
5 Q. During the two -- withdrawn.
6 During the approximate two years
7 that you worked for this factory, did your
8 responsibilities there ever change?
9 A. No, it was always the same.
10 Q. Did the pay that you received while
11 you were working at this factory ever change
12 from when you started until when you left?
13 A. Okay. Since it was a family
14 business, it was different. It was
15 different.
16 Q. How would your pay be different
17 working for this company during that period
18 of two years?
19 A. Sometimes the sales weren't good and
20 we were working less days.
21 Q. Did you get paid by the hour, by the
22 day, by the number of shoes that you made or
23 something else?
24 A. For the number of orders that there
25 were.
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2 Q. Okay.
3 MR. SEMEL-WEINSTEIN: Richard, do
4 you mind if we just take two seconds?
5 MR. POLNER: No, not at all.
6 THE COURT REPORTER: Faye, do you
7 want a copy of the transcript?
8 MS. SULIEMAN: Absolutely. Yes,
9 please.
10 (Whereupon, a recess was taken
11 at this time.)
12 Q. So after having worked for this shoe
13 manufacturer, you left that job and that's
14 when you came to the United States; correct?
15 A. Yes.
16 Q. And the friend you came with, do you
17 recall his name?
18 A. I don't remember well.
19 Q. And how did you come to the United
20 States; did you travel by plane, travel by
21 car, something else?
22 Mr. Espinosa, how did you travel
23 from Mexico to the United States when you
24 first came?
25 A. By car and walking.
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FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023
Page 25
1 A. ESPINOSA
2 Q. Okay. And when you say walking --
3 well, withdrawn.
4 At some point you crossed the border
5 from Mexico to the United States; correct?
6 A. Yes.
7 Q. Okay. And how did you cross the
8 border from Mexico to the United States; did
9 you cross it on foot or did you cross it by
10 car?
11 A. Walking.
12 Q. Okay. And where did you cross the
13 border from Mexico into what part of the
14 United States?
15 MR. SEMEL-WEINSTEIN: Just note my
16 objection.
17 You can answer.
18 A. From Mexico it was Piedras Negran.
19 THE INTERPRETER: Do you want me to
20 spell it?
21 THE COURT REPORTER: Yes, please.
22 THE INTERPRETER: First word is
23 P-I-E-D-R-A-S. Second word is
24 N-E-G-R-A-N.
25 Q. Okay. Now, I'm sorry, Mr. Espinosa,
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023
Page 26
1 A. ESPINOSA
2 is Piedras Negran in Mexico or is that in the
3 United States?
4 A. So Piedras Negran is in Mexico, but
5 I'm not sure if it was Piedras Negran or Agua
6 Prieta.
7 THE INTERPRETER: I'm going to
8 spell it. It's two words, as well.
9 A-G-U-A, and the second word is
10 P-R-I-E-T-A.
11 Q. Okay, but when you crossed from
12 Mexico into the United States, do you know
13 where you crossed into; did you cross into
14 Texas, did you cross into California, did you
15 cross into New Mexico or Arizona, somewhere
16 else?
17 A. Arizona.
18 Q. Thank you. And when you crossed
19 over the border into Arizona, did you stay in
20 Arizona or did you go from Arizona to some
21 other part of the United States?
22 A. I went to Phoenix.
23 Q. And for what period of time did you
24 stay in Phoenix, Arizona?
25 A. Approximately three months.
Veritext Legal Solutions
212-267-6868 www.veritext.com 516-608-2400
FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023
Page 27
1 A. ESPINOSA
2 THE INTERPRETER: Three.
3 Q. And while you were in Phoenix,
4 Arizona, did you seek out any employment?
5 A. Yes.
6 Q. Okay. Well, first, were you staying
7 with anyone in Phoenix, Arizona or were you
8 staying by yourself?
9 A. I stayed with my friend's family.
10 Q. Okay. And the friend, is that the
11 friend that you referenced that you left
12 Mexico to come to the United States with or
13 is it a different friend?
14 A. The same friend.
15 Q. And what type of work did you find
16 while you were in Phoenix?
17 A. Dishwasher.
18 Q. And after the three months that you
19 spent in Phoenix, where did you go next?
20 A. I came to New York.
21 Q. And how did you get from Phoenix,
22 Arizona to New York; did you go by car, did
23 you fly, did you take a train, a bus,
24 something else?
25 A.
Preview
FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 3 INDEX NO. 515277/2018 -------------------------------------------- x 4 ANTONIO ESPINOSA, 5 Plaintiff, 6 -against- 7 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC., 8 Defendants. -------------------------------------------- x 9 MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. 10 Third-Party Plaintiffs, 11 -against- 12 GILMAR DESIGN CORPORATION, 13 Third-Party Defendant. -------------------------------------------- x 14 Zoom - Teleconference 15 October 14, 2020 11:26 a.m. 16 17 EXAMINATION BEFORE TRIAL of PLAINTIFF, 18 ANTONIO ESPINOSA, by the Third-Party Defendant 19 in the above-entitled action, held at the 20 above time and place, taken before JENNIFER 21 CRUZ, a Professional Shorthand Reporter and 22 Notary Public of the State of New York, 23 pursuant to Order and stipulations between 24 Counsel. 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 2 1 2 A P P E A R A N C E S: 3 (All parties appearing in video conference via 4 Zoom). 5 6 ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff 7 149 East 149th Street Bronx, New York 10451 8 BY: BARRY SEMEL-WEINSTEIN, ESQ. 9 BSEMELWEINSTEIN@ORESKYLAW.COM FILE NO.: 18-1005 10 11 HAVKINS ROSENFELD RITZERT & VARRIALE, LLP 12 Attorneys for Defendant/ Third-Party Plaintiff 13 ROYAL HOME IMPROVEMENTS, INC. 114 Old Country Road-Suite 300 14 Mineola, New York 11501 15 BY: AFAF SULIEMAN, ESQ. 16 17 18 RAWLE & HENDERSON, LLP Attorneys for Third-Party Defendant 19 GILMAR DESIGN CORPORATION 14 Wall Street-27th Floor 20 New York, New York 10005 21 BY: RICH POLNER, ESQ. RPOLNER@RAWLE.COM 22 23 ALSO PRESENT: 24 Laura Hernandez - Spanish interpreter 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 3 1 2 STIPULATIONS 3 IT IS HEREBY STIPULATED, by and between the 4 attorneys for the respective parties hereto, 5 that: 6 All rights provided by the C.P.L.R., and 7 Part 221 of the Uniform Rules for the Conduct 8 of Depositions, including the right to object 9 to any question, except as to form, or to move 10 to strike any testimony at this examination is 11 reserved; and in addition, the failure to 12 object to any question or to move to strike 13 any testimony at this examination shall not be 14 a bar or waiver to make such motion at, and is 15 reserved to, the trial of this action. 16 This deposition may be sworn to by the 17 witness being examined before a Notary Public 18 other than the Notary Public before whom this 19 examination was begun, but the failure to do 20 so or to return the original of this 21 deposition to counsel, shall not be deemed a 22 waiver of the rights provided by Rule 3116, 23 C.P.L.R., and shall be controlled thereby. 24 The filing of the original of this 25 deposition is waived. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 4 1 2 IT IS FURTHER STIPULATED, a copy of this 3 examination shall be furnished to the attorney 4 for the witness being examined without charge. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 5 1 A. ESPINOSA 2 THE COURT REPORTER: So before I 3 swear in the witness and the 4 interpreter, I just have to ask all 5 counsels to agree to me swearing them 6 in over the computer rather than in 7 person. 8 MS. SULIEMAN: Yes, I agree. 9 MR. POLNER: Yes, you have my 10 consent. 11 MR. SEMEL-WEINSTEIN: Yes. 12 THE COURT REPORTER: Mr. Polner, do 13 you want a copy of the transcript? 14 MR. POLNER: Yes, please. 15 16 (Continued on next page). 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 6 1 A. ESPINOSA 2 L A U R A H E R N A N D E Z, called as the 3 interpreter in this matter, was duly sworn by 4 a Notary Public of the State of New York to 5 accurately and faithfully translate the 6 questions propounded to the witness from 7 English into Spanish and the answers given by 8 thewitness from Spanish into English. 9 oOo 10 A N T O N I O E S P I N O S A, the witness 11 herein, having been first duly sworn by a 12 Notary Public of the State of New York, was 13 examined and testified through the interpreter 14 as follows: 15 EXAMINATION 16 BY MR. POLNER: 17 Q. State your name for the record, 18 please. 19 A. Antonio Espinosa. 20 Q. State your address for the record, 21 please. 22 A. 1732 West 1st Street, Brooklyn, New 23 York 11223. 24 Q. Good morning, Mr. Espinosa. My name 25 is Richard Polner. I'm an attorney at the Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 7 1 A. ESPINOSA 2 office of Rawle & Henderson. We represent 3 Gilmar Design with respect to your personal 4 injury action. 5 I'm going to be asking you some 6 questions today regarding your personal 7 injury action and the incident that you're 8 alleging the injury stemmed from. I 9 understand that you previously appeared for a 10 similar deposition on this matter and I'm 11 going to do my best to not go over the same 12 material and the same questions that were 13 asked of you previously. Understand there's 14 going to be some repetition. 15 And with respect to the questions I 16 ask, I just request that your answers be 17 verbal, whether it be yes's or no's or 18 descriptions as the questions would require. 19 And I understand if there's 20 something that you do not remember or do not 21 recall, I don't wish for you to guess. If 22 you do not recall information, please feel 23 free to say that you do not remember or you 24 do not recall. 25 Do you understand? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 8 1 A. ESPINOSA 2 A. Yeah, that's okay. 3 Q. And if there's a question that I ask 4 that you don't understand, please let me know 5 so I can rephrase it so you could better 6 understand it. If you answer a question that 7 you didn't understand, it's going to be 8 perceived that you understood the question 9 when you answered it. 10 And if you wish to take a break, 11 we'll certainly accommodate you as long as 12 there isn't a question pending that requires 13 an answer. 14 A. Okay. 15 Q. Currently, are you under the -- 16 withdrawn. 17 Currently, are you taking any 18 prescription medication? 19 A. No. 20 Q. Okay. And what's your date of 21 birth? 22 MR. POLNER: And obviously for the 23 record, we'll just put down the year. 24 A. XX/XX/1979. 25 MR. POLNER: I'm sorry. Madam Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 9 1 A. ESPINOSA 2 reporter, can you read that back 3 please? 4 (Whereupon, the record was read 5 by the reporter.) 6 Q. And Mr. Espinosa, have you ever 7 received a Social Security number? 8 A. No. 9 Q. Okay. Have you ever applied for an 10 individual tax identification number? 11 A. Yes, the ITIN. 12 Q. So Mr. Espinosa, you have an ITIN; 13 is that correct? 14 A. Yes. 15 Q. Okay. And what is that number? 16 MR. POLNER: For the record, just 17 put the last four digits. 18 MR. SEMEL-WEINSTEIN: He doesn't 19 remember it offhand. 20 Do you remember the last four 21 digits? 22 He doesn't recall the number 23 offhand. 24 MR. POLNER: Okay. We're going to 25 mark this eventually as Defendant's Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 10 1 A. ESPINOSA 2 Exhibit A of today's date. 3 Do you see that, Barry? 4 MR. SEMEL-WEINSTEIN: Yeah, I'm 5 pointing it to him. 6 Q. Okay. So Mr. Espinosa, I'm showing 7 you what's been marked as Defendant's Exhibit 8 A of today's date. 9 Do you recognize the document that 10 is currently visible on your screen? 11 A. Yes. 12 Q. And what do you recognize this to 13 be? 14 A. It's the place where I work right 15 now. 16 Q. Okay. Is this a tax form that you 17 received from your current employer? 18 A. Yes. 19 Q. Okay. Did you file a federal tax 20 return for the year 2019? 21 A. Yes, I did. 22 Q. Okay. Did you also file state tax 23 returns for the year 2019? 24 A. I didn't file taxes for 2019. 25 Q. Okay. I'll ask you a couple of Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 11 1 A. ESPINOSA 2 other questions with respect to that, but 3 first: Do you see the name that's listed on 4 what's been marked as Defendant's Exhibit A 5 is Antonio E. Balderas? 6 Do you see that? 7 A. Yes. 8 Q. Okay. Other than the name Antonio 9 Espinosa, have you ever gone by any other 10 names? 11 A. No. 12 Q. Okay. So is the name on this tax 13 form your full given name or is it something 14 else? 15 A. It's my complete given name, but the 16 E. is just the initial. 17 Q. Okay. Is the E. that is shown on 18 what's been marked as Defendant's Exhibit A, 19 does that stand for Espinosa or does it stand 20 for some other name? 21 A. Espinosa, it belongs to Espinosa. 22 Q. Okay. So would I understand it 23 correctly that Espinosa is one of your 24 parent's names and Balderas is your other 25 parent's name? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 12 1 A. ESPINOSA 2 A. Yes. 3 Q. Okay. So your full given name is 4 Antonio Espinosa Balderas, but you go by the 5 name of Antonio Espinosa; is that correct? 6 A. Yes, I go by Antonio Espinosa all 7 the time. 8 Q. Okay. And other than for Avenue J 9 Fish Center, did you work for any other 10 companies in 2019? 11 A. Before this one, I was working in a 12 meat market. 13 Q. And when you say "meat market," is 14 that the Jerusalem Glatt Meat Market or 15 something else? 16 A. Yes, that name that you said. 17 Q. And currently, are you still 18 employed with Avenue J Fish Center? 19 A. Yes. 20 Q. Okay. And have you worked with 21 Avenue J Fish Center the entire year of 2020 22 to date? 23 THE INTERPRETER: 2020? 24 MR. POLNER: Yes. 2020 to date. 25 A. Yes. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 13 1 A. ESPINOSA 2 Q. Okay. From the months of March of 3 this year until August of this year, did you 4 miss any time from work due to the pandemic 5 lockdown? 6 A. No. 7 Q. Okay. And how much are you 8 currently earning in your position at Avenue 9 J Fish Center? 10 A. 15 per hour. 11 THE INTERPRETER: One, five. 12 Q. And do you receive any medical 13 benefits or any pension benefits, things of 14 that nature, in your employment at Avenue J 15 Fish Center? 16 A. I don't know. 17 Q. Okay. Do you know whether or not 18 your employer provides you with medical 19 insurance? 20 A. No. 21 Q. Do you have private medical 22 insurance? 23 A. No. 24 Q. Okay. Have you ever applied for 25 Medicaid? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 14 1 A. ESPINOSA 2 A. No. 3 Q. And prior to your employment with 4 Avenue J Fish Center, for what period of time 5 were you employed with Jerusalem Glatt? 6 A. More than a year. I don't remember 7 exactly how long. 8 Q. Well, let me ask you this way: Do 9 you recall when you first were employed with 10 Avenue J Fish Center? 11 A. About a year and three months ago, 12 approximately. 13 Q. And immediately before that you were 14 employed with Jerusalem Glatt. 15 For what period of time did you work 16 for Jerusalem Glatt before you went to work 17 for Avenue J Fish Center? 18 A. A little more than a year. I don't 19 remember, as I told you before. 20 Q. And before working for Jerusalem 21 Glatt, who was your employer? 22 A. With Marat and Gilmanov. 23 Q. Would that be with Gilmar; is that 24 correct? 25 A. Yes. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 15 1 A. ESPINOSA 2 Q. And your last date with Gilmar was 3 on what date, if you recall? 4 A. The date of the accident, 5 January 11th, 2018. 6 Q. Okay. Before I go into your 7 employment with Gilmar, just again, I want to 8 briefly go through your prior background. 9 Now, I understand that you 10 immigrated to the United States from Mexico; 11 is that correct? 12 A. Yes. 13 Q. Okay. And what year was that? 14 A. Approximately in 2009. 15 Q. Okay. And did you come to the 16 United States with anyone or did you come by 17 yourself? 18 A. I came with someone else. 19 Q. Who did you come with? 20 A. With a friend. 21 Q. Okay. I understand that you are not 22 married; correct? 23 A. Not married. 24 Q. And I also understand that you have 25 one daughter; is that correct? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 16 1 A. ESPINOSA 2 A. Yes. 3 Q. Okay. And where does your daughter 4 reside? 5 A. In Mexico. 6 Q. And how old is she? 7 A. Now she's 12. 8 Q. And what's your highest level of 9 education? 10 A. In Mexico I did middle school. 11 Q. And when you say -- when you say in 12 Mexico you did middle school, until what age 13 did you attend school when you were in 14 Mexico? 15 A. I was about 14 years. 16 THE INTERPRETER: One, four. 17 Q. And after you stopped attending 18 school, did you seek employment or did you do 19 something else? 20 A. I take employment. 21 Q. Okay. And what employment did you 22 take after you left school? 23 A. I was selling bread in the street. 24 Q. And for what period of time did you 25 sell bread in the streets? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 17 1 A. ESPINOSA 2 A. Until I was 19 or 20. 3 Q. And what changed when you were 19 4 and 20, if anything? 5 A. I went to the army, to the Mexican 6 military. 7 Q. Okay. And for what period of time 8 did you spend in the Mexican military? 9 A. Approximately five years. 10 Q. And the Mexican military, does it 11 have ranks similar to the U.S. military? 12 A. Yes. 13 Q. Okay. When you first enlisted with 14 the Mexican military, what was your rank? 15 A. Just officer. 16 Q. In the five years that you served in 17 the Mexican military, did you ever receive a 18 promotion? 19 A. Yes, to the first grade. 20 Q. When you were promoted, did you 21 receive a different rank or a different title 22 other than officer? 23 A. Only the one that I had, officer. 24 Q. During the five years that you were 25 in the Mexican military, did you ever receive Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 18 1 A. ESPINOSA 2 any additional education? 3 A. No. 4 Q. Okay. What type of training, if 5 any, did you receive while you were in the 6 Mexican military? 7 A. Yes. 8 Q. No. What type of training did you 9 receive? 10 A. Gun management. 11 Q. So when you say "gun management," 12 would that be firearm use or something else? 13 A. Yeah, firearm use. 14 Q. Other than how to use firearms, did 15 you receive any other training while you were 16 in the Mexican military? 17 A. Yes. 18 Q. Okay. Can you please describe the 19 other training you received while you were in 20 the Mexican military other than the use of 21 firearms? 22 A. Rescue in high mountains and 23 parachute training. 24 Q. Other than the training that you 25 discussed, did you receive any other training Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 19 1 A. ESPINOSA 2 while you were in the Mexican military for 3 the five years that you served? 4 A. Only the ones that I mentioned. 5 Q. Okay. And is there a reason why you 6 left the military after five years? 7 A. Because I couldn't get anymore 8 promotions there. 9 Q. Okay. When you initially enlisted 10 with the Mexican military, did you enlist for 11 a specific period of time or was it just an 12 open-ended period of time? 13 A. The first contract was for three 14 years. 15 Q. And when that contract expired, you 16 reenlisted; correct? 17 A. After that first contract you can 18 stay for the time that you want. 19 Q. Okay. So after your contract 20 expired, you were able to stay in the 21 military until you no longer wanted to 22 remain; is that correct? 23 A. Yes. 24 Q. And did you have to fill out any 25 paperwork to leave the Mexican military? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 20 1 A. ESPINOSA 2 A. Yes, I filled out documents and I 3 signed documents. 4 Q. So you filled out documents 5 indicating that you wished to leave the 6 military and you were discharged; correct? 7 A. Yes. 8 Q. Okay. And once you left the 9 military, what's the -- did you seek out 10 employment? 11 A. Yes. 12 Q. What was the first employment you 13 obtained after you left the military? 14 A. In a baby shoe factory. 15 Q. So it was a factory job; correct? 16 A. A small family business. 17 Q. And what was your position in this 18 family business making baby shoes? 19 A. I had to make the frame for the 20 shoes and put the soles. 21 Q. Did you do that by hand or did you 22 use heavy machinery, hand tools, something 23 else? 24 A. We were using hand tools. 25 Q. What types of hand tools did you use Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 21 1 A. ESPINOSA 2 in this job making baby shoes? 3 A. A hammer, heater and tweezers. 4 Q. And for what period of time did you 5 work for this company? 6 A. Until the day when I came to the 7 United States. 8 Q. All right. Do you recall when you 9 first started working for this company after 10 you left the military? 11 A. After I was discharged from the 12 army. 13 Q. Right. Do you recall when you were 14 discharged from the army; the year, the 15 month? 16 A. When I left the army? 17 Q. Correct. 18 A. It was in the end of 2006. 19 Q. And did you start working for this 20 family business immediately after being 21 discharged from the military or was there a 22 period of time where you were unemployed? 23 A. No, right away I started working 24 with the baby shoe factory. 25 Q. Okay. So did you start working for Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 22 1 A. ESPINOSA 2 that shoe factory in 2006 or was it the 3 beginning of 2007? 4 A. Approximately at the beginning of 5 2007. 6 Q. Okay. I just want to make sure I 7 have the timeline down right. 8 You were discharged from the 9 military at the end of 2006; correct? 10 A. Approximately, yes. 11 Q. Okay. And you started working for 12 the shoe factory immediately after you were 13 discharged; right? 14 A. Yes. 15 Q. Okay. So did you start working for 16 the shoe factory at the end of 2006 or did 17 you start working for them sometime in 2007? 18 A. I'm not sure. I don't know exactly, 19 but it was at the beginning of 2007. It was 20 a long time ago. 21 Q. Okay. And earlier you said you came 22 to the United States you believed around 23 2009; correct? 24 A. Yes, approximately. 25 Q. Okay. So you worked for this shoe Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 23 1 A. ESPINOSA 2 factory for approximately two years. 3 Would that be accurate? 4 A. Yes, approximately. 5 Q. During the two -- withdrawn. 6 During the approximate two years 7 that you worked for this factory, did your 8 responsibilities there ever change? 9 A. No, it was always the same. 10 Q. Did the pay that you received while 11 you were working at this factory ever change 12 from when you started until when you left? 13 A. Okay. Since it was a family 14 business, it was different. It was 15 different. 16 Q. How would your pay be different 17 working for this company during that period 18 of two years? 19 A. Sometimes the sales weren't good and 20 we were working less days. 21 Q. Did you get paid by the hour, by the 22 day, by the number of shoes that you made or 23 something else? 24 A. For the number of orders that there 25 were. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 24 1 A. ESPINOSA 2 Q. Okay. 3 MR. SEMEL-WEINSTEIN: Richard, do 4 you mind if we just take two seconds? 5 MR. POLNER: No, not at all. 6 THE COURT REPORTER: Faye, do you 7 want a copy of the transcript? 8 MS. SULIEMAN: Absolutely. Yes, 9 please. 10 (Whereupon, a recess was taken 11 at this time.) 12 Q. So after having worked for this shoe 13 manufacturer, you left that job and that's 14 when you came to the United States; correct? 15 A. Yes. 16 Q. And the friend you came with, do you 17 recall his name? 18 A. I don't remember well. 19 Q. And how did you come to the United 20 States; did you travel by plane, travel by 21 car, something else? 22 Mr. Espinosa, how did you travel 23 from Mexico to the United States when you 24 first came? 25 A. By car and walking. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 25 1 A. ESPINOSA 2 Q. Okay. And when you say walking -- 3 well, withdrawn. 4 At some point you crossed the border 5 from Mexico to the United States; correct? 6 A. Yes. 7 Q. Okay. And how did you cross the 8 border from Mexico to the United States; did 9 you cross it on foot or did you cross it by 10 car? 11 A. Walking. 12 Q. Okay. And where did you cross the 13 border from Mexico into what part of the 14 United States? 15 MR. SEMEL-WEINSTEIN: Just note my 16 objection. 17 You can answer. 18 A. From Mexico it was Piedras Negran. 19 THE INTERPRETER: Do you want me to 20 spell it? 21 THE COURT REPORTER: Yes, please. 22 THE INTERPRETER: First word is 23 P-I-E-D-R-A-S. Second word is 24 N-E-G-R-A-N. 25 Q. Okay. Now, I'm sorry, Mr. Espinosa, Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 26 1 A. ESPINOSA 2 is Piedras Negran in Mexico or is that in the 3 United States? 4 A. So Piedras Negran is in Mexico, but 5 I'm not sure if it was Piedras Negran or Agua 6 Prieta. 7 THE INTERPRETER: I'm going to 8 spell it. It's two words, as well. 9 A-G-U-A, and the second word is 10 P-R-I-E-T-A. 11 Q. Okay, but when you crossed from 12 Mexico into the United States, do you know 13 where you crossed into; did you cross into 14 Texas, did you cross into California, did you 15 cross into New Mexico or Arizona, somewhere 16 else? 17 A. Arizona. 18 Q. Thank you. And when you crossed 19 over the border into Arizona, did you stay in 20 Arizona or did you go from Arizona to some 21 other part of the United States? 22 A. I went to Phoenix. 23 Q. And for what period of time did you 24 stay in Phoenix, Arizona? 25 A. Approximately three months. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 04/05/2023 10:22 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 04/05/2023 Page 27 1 A. ESPINOSA 2 THE INTERPRETER: Three. 3 Q. And while you were in Phoenix, 4 Arizona, did you seek out any employment? 5 A. Yes. 6 Q. Okay. Well, first, were you staying 7 with anyone in Phoenix, Arizona or were you 8 staying by yourself? 9 A. I stayed with my friend's family. 10 Q. Okay. And the friend, is that the 11 friend that you referenced that you left 12 Mexico to come to the United States with or 13 is it a different friend? 14 A. The same friend. 15 Q. And what type of work did you find 16 while you were in Phoenix? 17 A. Dishwasher. 18 Q. And after the three months that you 19 spent in Phoenix, where did you go next? 20 A. I came to New York. 21 Q. And how did you get from Phoenix, 22 Arizona to New York; did you go by car, did 23 you fly, did you take a train, a bus, 24 something else? 25 A.