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FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022
EXHIBIT E
FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022
Pae 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ------------------------------------------x
ELIANDRO NOGUEIRA,
4
PLAINTIFF,
5
-against- Index No.:
6 150618/2017
7 ERY RETAIL PODIUM LLC, HUDSON YARDS
CONSTRUCTION LLC., and TISHMAN CONSTRUCTION
8 CORPORATION.
9 DEFENDANTS.
------------------------------------------x
~#"~
10
11 DATE: November 7, 2019
12 TIME: 10:26 A.M.
13 Certifi d
14 Transc ipt
15 EXAMINATION BEFORE TRIAL of the
16 Plaintiff, ELIANDRO NOGUEIRA, taken by the
17 Defendant, pursuant to a Court Order, held
18 at the offices of The Platta Law Firm,
19 PLLC, 42 Broadway, Suite 1927, New York,
20 New York 10004, before Jennifer Schwartz, a
21 Notary Public of the State of New York.
22
23
24
25 Job No. CS3662793
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P ge 2
1
2 APPEARANCES:
3
4 THE PLATTA LAW FIRM, PLLC
Attorneys for the Plaintiff
5 ELIANDRO NOGUEIRA
42 Broadway, Suite 1927
6 New York, New York 10004
BY: BRIAN VANNELLA, ESQ.
7
8
LONDON FISCHER, LLP
9 Attorneys for the Defendants
ERY RETAIL PODIUM LLC, ET AL.
10 59 Maiden Lane
New York, New York 10038
11 BY: CRUZ M. WILLIAMS, ESQ.
12
13 ALSO PRESENT:
Pedro Duarte -
14 Portuguese Interpreter
15
16
* * *
17
18
19
20
21
22
23
24
25
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age 3
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or
5 (d) of Rule 3115 of the Civil Practice Law
and Rules, would be waived if not
6 interposed, and except in compliance with
subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall
be stated succinctly and framed so as not
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
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,-, P ge 5
1 E. NOGUEIRA
2 P E D R 0 DU ARTE, a Portuguese
3 interpreter, solemnly swore to translate
4 the following questions from English to
5 Portuguese and answers from Portuguese to
6 English:
7 E L I A N D R 0 NOGUEIRA, called
8 as a witness, having been first duly sworn,
9 through an interpreter, by a Notary Public
10 of the State of New York, was examined and
11 testified as follows:
12 EXAMINATION BY
,,,,-...,
13 MS. WILLIAMS:
14 Q. Please state your name for the
15 record.
16 A. Eliandro Nogueira.
17 Q. What is your address?
18 A.
19
20 Q. Good morning, Mr. Nogueira.
21 A. Good morning.
22 Q. We met at your first day of
23 deposition. My name lS Cruz Williams, I'm
24 with the Law Firm of London Fischer. I'm
,,,--. 25 here on behalf of the defendants in this
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1 E. NOGUEIRA
2 litigation related to an incident alleged
3 to have occurred on November 4th, 2016.
4 We're here to continue your deposition that
5 commenced on October 21st of 2019 regarding
6 this incident.
7 (Whereupon, an off-the-record
8 discussion was held.)
9 Q. Do you recall providing
10 testimony on October 21st, 2019?
11 A. Yes.
12 Q. As you sit here today, is there
13 anything that you recall at this time that
14 you testified to at your first day of
15 deposition that you either want to clarify
16 or change at this time?
17 A. No.
18 MR. VANNELLA: I would just
19 note that we haven't received a
20 transcript yet to review, so upon
21 review of the transcripts, it may
22 refresh his recollection if there's
23 any changes he feels need to be made.
24 MS. WILLIAMS: Point taken.
,;~
25 Q. Mr. Nogueira, we left off last
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1 E. NOGUEIRA
2 time with respect to you being escorted to
3 an aid station at the site after the
4 incident, do you recall that?
5 A. Yes.
6 Q. And so that's where we're going
7 to pick up now. At the time you were at
8 the aid station, were you experiencing pain
9 to any parts of your body?
10 A. Yes.
11 Q. To what parts of your body?
12 A. So it was the left shoulder,
13 the left leg, and the spine, the lower
14 back, by the butt.
15 Q. Immediately after the incident
16 occurred, did you immediately feel pain to
17 your left shoulder, your left leg, and your
18 lower back?
19 A. Yes.
20 (Whereupon, an off-the-record
21 discussion was held.)
22 Q. While you were in the aid
23 station, was Robert from Tishman present?
24 A. Yes.
25 Q. Was there also a woman present
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2 that was tending to you?
3 A. Yes.
4 Q. Do you know that woman's name?
5 A. No.
6 Q. Does the name Kimberly Rollock
7 refresh your recollection?
8 A. Maybe.
9 Q. Do you know who the woman
10 worked for?
11 A. She was with Robert.
12 Q. Do you know if she worked for
13 the same company as Robert?
14 A. She was from the first aid and
15 I don't know if she worked for the same
16 company or not.
17 Q. Mr. Frank Granger, was he
18 present at the aid station?
19 A. Yes.
20 Q. Was anyone else present at the
21 aid station while you were being tended to?
22 A. I don't remember right now, I
23 remember three of them.
24 Q. Did you tell any of those three
25 people we've just identified that you were
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2 feeling pain to your left shoulder, your
3 left leg, and your lower back?
4 A. Yes.
5 Q. Were you communicating with
6 them in English?
7 A. Yes, and I was using the
8 translation on the phone.
9 Q. What do you mean "the
10 translation on the phone"?
11 A. When I didn't know how to
12 express the word that I was trying to, I
13 would write the word in Portuguese and then
14 it would translate to English.
15 Q. Did you have a translation
16 application on your phone?
17 A. The phone does have one, it
18 does have one.
19 Q. Were either of the other three
20 people you were speaking to, did they also
21 use some form of translation method to
22 communicate their words to you?
23 A. No.
24 Q. You would type the words that
25 you were trying to convey in Portuguese
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2 into the app and then the app would
3 translate it into English?
4 A. Yes.
5 Q. Then would you show -- did you
6 show the phone to the people you were
7 speaking to so that they can read the
8 English translation or did you attempt to
9 verbalize the English translation?
10 A. I would press a button and the
11 phone would speak.
12 Q. So the app that you were using
13 on your phone had an audio feature that
14 would actually articulate the words in
15 English?
16 A. Yes.
17 Q. Do you know the name of that
18 app?
19 A. Apple translation.
20 Q. As far as you know, were
21 Robert, Frank, and the woman all present
22 when you were playing the English
23 translation of the injuries you sustained?
24 A. Yes.
25 Q. Did you use that same app to
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2 communicate to them how the incident
3 occurred?
4 A. No.
5 Q. Was it only to communicate to
6 them the pain symptoms that you were
7 feeling as a result of the accident?
8 A. Yes.
9 Q. While at the aid station, on a
10 scale of 1 to 10 with 10 being most severe,
11 how would you rate the pain that you were
12 feeling to your left shoulder?
13 A. 10.
14 Q. How would you rate the pain you
15 were feeling to your left leg?
16 A. 9.
17 Q. When you refer to your left
18 leg, are you referring to the entire leg
19 from the hip down to your foot or a portion
20 of the leg or something else?
21 A. From the shin, where I had the
22 cut, up to the waist.
23 THE INTERPRETER: Sorry,
24 correction, hip.
25 Q. How would you rate the pain
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2 that you were experiencing to your lower
3 back while you were in the aid station?
4 A. 9.
5 Q. You made reference to a cut on
6 your left shin, correct?
7 A. Yes.
8 Q. How deep and how long was that
9 cut, approximately?
10 MR. VANNELLA: Objection to
11 form, but he can answer.
12 A. Three centimeters by half a
13 centimeter deep.
14 MR. VANNELLA: So three
15 centimeters long?
16 THE WITNESS: Yes.
17 Q. Was it bleeding at the time
18 that you were at the aid station?
19 A. They didn't do anything about
20 it, didn't even put a Band-Aid on. I only
21 placed a Band-Aid on it when I got home.
22 Q. Were you wearing long pants at
23 the time of this incident?
24 A. Long pants and also a long boot
25 that would come up to four centimeters
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2 below the knee.
3 Q. Four centimeters below the
4 knee?
5 A. Yes, more or less.
6 Q. Approximately where along your
7 shin was the cut, was it closer to your
8 knee area, closer to your ankle area,
9 somewhere in the middle, or something else?
10 A. Closer to the ankle. If you
11 want, I can show you where the cut is.
12 Q. One moment. The pants you were
13 wearing, were they jeans?
14 A. Yes, and they ripped.
15 Q. That was my next question. Did
16 the jeans rip in the area where you had the
17 cut on your shin?
18 A. Yes, the jeans were ripped, the
19 boots were scratched, and -- even though I
20 still had the cut.
21 Q. Did you still own the paint
22 jeans that you were wearing that day?
23 A. No.
24 Q. Do you still have the boots you
25 were wearing that day?
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2 A. Yes.
3 Q. Have you continued to use those
4 boots for work since the date of this
5 incident?
6 A. No, they were stored.
7 Q. Have you worn the boots at all
8 since the date of this incident?
9 A. No.
10 Q. Where do you have those boots
11 stored?
12 A. In my house.
13 Q. Where are they stored in your
14 house, are there they in a box, are they in
15 a closet, are they in a bag, or something
16 else?
17 A. In a closet.
18 Q. Are they in a box in the
19 closest, in a bag in the closet, or
20 something else?
21 A. In a bag.
22 Q. What, if anything, did they do
23 for you while you were at the first aid
24 station at the site?
,.,--.,,, 25 A. They didn't do anything. They
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2 just told me to get a cab and leave the
3 area.
4 Q. Did they ask you to prepare an
5 incident report?
6 A. No.
7 Q. Did you sign any documents
8 while you were at the first aid station?
9 A. I don't remember signing
10 anything. I was in a lot of pain.
11 Q. I'm going to show you what was
12 previously marked as Defendant's Exhibit E
13 on October 21st, 2019, which is an incident
14 report -- a related incident report
15 together with an employee statement.
16 (Whereupon, an off-the-record
17 discussion was held.)
18 A. Yes.
19 Q. If you look at page 4 of the
20 incident report, at the very bottom,
21 there's a section that -- a box that has
22 your name and a signature, which you
23 identified as your signature previously, do
24 you recall that?
25 MR. VANNELLA: Over objection,
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2 I think he testified that those were
3 his initials on the bottom of page 4.
4 I don't want to characterize his
5 prior testimony.
6 MS. WILLIAMS: I'll ask him
7 again but I thought he did say that
8 was his signature.
9 Q. Mr. Nogueira, is that your
10 signature on the bottom left of page 4?
11 A. It does seem like it's my
12 signature, just a signature.
13 Q. To the right of the signature,
14 there's a date, 11/04/16, and a time
15 handwritten, 7:30, do you see that? Are
16 either of those writings your handwriting,
17 the date or the time?
18 A. No.
19 Q. Do you remember as you sit here
20 today signing this document?
21 A. No.
22 Q. Above your signature on that
23 same page, there's a section that says
24 "Mark Porter," do you see that?
25 A. Yes.
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2 Q. Do you know who Mark Porter
3 was?
4 A. No.
5 Q. On the next page where it says
6 employee statement at the very next page
7 behind that.
8 MR. VANNELLA: The next page.
9 Q. On the bottom left, there's
10 another signature, do you see that?
11 MR. VANNELLA: Well, it says
12 oh, okay, employee statement form at
13 the top, okay.
14 Q. Do you recognize the signature
15 on the bottom left corner of that page to
16 be your signature?
17 A. It does look like mine but it
18 seems a bit different.
19 Q. Do you recall signing this
20 document any time after this incident?
21 A. No. I have all the papers that
22 were given to me when this happened and I
23 still have those with me, I still have
24 possession of those with me.
25 Q. Were those papers that were
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1 E. NOGUEIRA
2 given to you while you were at the first
3 aid station at the site?
4 A. When I was leaving the first
5 aid station to get into a cab.
6 Q. And the papers that you have,
7 is your signature on any of those papers?
8 A. I don't remember right now if
9 they are or not.
10 Q. Do you know approximately how
11 many pages of papers that you have?
12 A. Three. Two were given to me at
13 the job site and Daniel was given some
14 other documents while I was getting into
15 the cab.
16 (Whereupon, an off-the-record
17 discussion was held.)
18 MS. WILLIAMS: I'm going to
19 make a demand for copies of the
20 documents that the witness has just
21 referred to that were provided as he
22 was leaving the site and I will
23 follow up in writing.
24 MR. VANNELLA: We'll take it
25 under advisement.
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2 Q. Mr. Nogueira, did you, in fact,
3 take a taxi to another medical facility
4 after this incident?
5 A. Yes.
6 Q. Where did you go, which
7 facility?
8 A. 42 Emergency Care.
9 Q. Did you travel by yourself in
10 the taxi?
11 A. No.
,-· 12
13
Q.
A.
Who did you go with?
With the shop steward from the
14 union.
15 Q. Do you know that shop steward's
16 name?
17 A. Yes.
18 Q. What was it?
19 A. Samuel.
20 Q. Was Samuel present at the first
21 aid station when you were discussing the
22 injuries you sustained from this accident?
23 A. No.
24 Q. Do you know who paid for the
25 taxi?
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2 A. The first one, Frank gave him
3 $20.
4 Q. Did Samuel stay with you at 42
5 Medical Care?
6 A. Yes.
7 Q. What is 42 Medical Care, is
8 that a hospital or a clinic or something
9 else?
10 A. I think it's a clinic.
11 Q. How long did it take you to get
12 to 42 Medical Care from the facility?
13 A. I remember I was in a lot of
14 pain, I don't even remember.
15 Q. Do you recall if it took you
16 more than 15 minutes to get there?
17 A. Maybe.
18 Q. Do you know if it took you more
19 than a half an hour to get there?
20 A. I don't know.
21 Q. What, if anything, did they do
22 for you at 42 medical care?
23 A. Yes.
24 Q. What did they do for you?
25 A. They did a CAT scan on the left
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2 shoulder, the left elbow, and they did an
3 X-ray on the left knee and a drug test.
4 Q. At the time you were at the 42
5 Medical Care, were you still experiencing
6 the same levels of pain to your left
7 shoulder, your left leg, and your lower
8 back that you had been experiencing at the
9 first aid station?
10 A. Yes.
11 Q. Did you communicate that to the
12 personnel at 42 Medical?
13 A. I did but they gave me some
14 Advil and didn't do anything else.
15 Q. Did they take any diagnostic
16 testing of your lower back?
17 A. No.
18 Q. Did you communicate to 42
19 Medical about the pain symptoms you were
20 experiencing in English?
21 THE INTERPRETER: Can you
22 repeat.
23 (Whereupon, the referred to
24 question was read back by the
25 Reporter.)
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/- 1 E. NOGUEIRA
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2 A. No, they had people who spoke
3 Spanish.
4 Q. Were you speaking to them in
5 Spanish?
6 A. I spoke in Spanish with them,
7 with the nurse.
8 Q. So you told the nurse your pain
9 symptoms in the Spanish language?
10 A. Yes.
11 Q. Are you fluent in Spanish?
12 A. I understand.
13 Q. Do you understand more Spanish
14 than English?
15 A. Yes.
16 Q. Did you use the translation app
17 at all while you were at 42 Medical to
18 communicate to anyone your pain symptoms?
19 A. No.
20 Q. Were you confident in your
21 communications with the nurse that she
22 understood what you were communicating to
23 her?
24 A. I think so.
25 Q. Did you tell the nurse that you
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2 had lower back pain symptoms?
3 A. Yes.
4 Q. Did anyone discuss with you the
5 results of the CAT scans?
6 A. No.
7 Q. Were you administered any
8 medications while you were at 42 Medical?
9 A. An Aleve tablet, Advil.
10 Q. Aleve and Advil or something
11 else?
12 A. No, just Advil.
13 Q. Were you discharged the same
14 day?
15 A. Yes.
16 Q. Did they give you any
17 instructions upon discharge?
18 A. They sent me to the
19 Presbyterian Hospital to see another
20 doctor.
21 Q. Did they tell you why they were
22 sending you to the Presbyterian Hospital?
23 A. No.
24 Q. Did they give you any
25 prescriptions?
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2 A. No.
3 Q. Did you go from 42 Medical Care
4 to the New York Presbyterian Hospital?
5 A. Yes.
6 Q. Did you take a taxi?
7 A. Yes, I took a cab and I paid
8 with my own card, I have proof.
9 Q. Did Samuel go with you to New
10 York Presbyterian?
11 A. Yes.
12 Q. How long, approximately, did it
13 take you to get to New York Presbyterian?
14 A. I have no idea.
15 Q. Do you know approximately how
16 long you spent at 42 Medical Care?
17 A. I don't remember.
18 Q. Do you know if it was more or
19 less then three hours?
20 A. I don't remember.
21 Q. While you were at 42 Medical,
22 did you tell them how you were injured?
23 A. That I had fallen from a
24 scaffold.
25 Q. Did you tell anyone at 42
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1 E. NOGUEIRA
2 Medical what caused you to fall from the
3 scaffold?
4 A. No.
5 MR. VANNELLA: Did anybody ask
6 you what caused you to fall at 42
7 Medical?
8 THE WITNESS: What I was
9 feeling, the legs, the butt, and the
10 back were all bruised.
11 MR. VANNELLA: You said that
12 you didn't tell anybody what caused
13 you to fall -- you didn't tell
14 anybody at 42 Medical what caused you
15 to fall from the scaffold, correct?
16 THE WITNESS: Yes.
17 MR. VANNELLA: Is that because
18 nobody asked you there or something
19 else?
20 MS. WILLIAMS: Objection to
21 form.
22 THE WITNESS: Nobody asked.
23 Q. When you advised the 42 Medical
24 personnel that you fell off the scaffold,
25 did you tell anyone that you slipped?
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c~c
Page 26
1 E. NOGUEIRA
2 A. No.
3 Q. Did you tell anyone at 42
4 Medical that you lost your balance?
5 A. No.
6 Q. When you were at the first aid
7 station at the site, did you tell anyone
8 that you slipped?
9 A. No.
10 Q. And did you tell anyone at the
11 first aid station at the site that you lost
12 your balance?
13 A. No.
14 Q. At New York Presbyterian
15 Hospital, were you still experiencing the
16 same level of pain symptoms to the same
17 parts of the body that you were
18 experiencing them when you were at the
19 first aid station?
20 A. Yes.
21 MS. WILLIAMS: Off the record.
22 (Whereupon, an off-the-record
23 discussion was held.)
24 MR. VANNELLA: The New York
25 Presbyterian Hospital that you went
l~"-,
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Pae 27
1 E. NOGUEIRA
2 to after 42 Medical, do you remember
3 where that was located?
4 THE INTERPRETER: The
5 interpreter must get clarification.
6 A. 170 Williams Street, 8th floor,
7 Dr. Friedman.
8 (Whereupon, an off-the-record
9 discussion was held.)
10 Q. Did you go to a -- was it a
11 hospital emergency room?
12 A. No. Tha
Preview
FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 EXHIBIT E FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 ------------------------------------------x ELIANDRO NOGUEIRA, 4 PLAINTIFF, 5 -against- Index No.: 6 150618/2017 7 ERY RETAIL PODIUM LLC, HUDSON YARDS CONSTRUCTION LLC., and TISHMAN CONSTRUCTION 8 CORPORATION. 9 DEFENDANTS. ------------------------------------------x ~#"~ 10 11 DATE: November 7, 2019 12 TIME: 10:26 A.M. 13 Certifi d 14 Transc ipt 15 EXAMINATION BEFORE TRIAL of the 16 Plaintiff, ELIANDRO NOGUEIRA, taken by the 17 Defendant, pursuant to a Court Order, held 18 at the offices of The Platta Law Firm, 19 PLLC, 42 Broadway, Suite 1927, New York, 20 New York 10004, before Jennifer Schwartz, a 21 Notary Public of the State of New York. 22 23 24 25 Job No. CS3662793 Veritext Legal Solutions 800-567-8658 9 3-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 P ge 2 1 2 APPEARANCES: 3 4 THE PLATTA LAW FIRM, PLLC Attorneys for the Plaintiff 5 ELIANDRO NOGUEIRA 42 Broadway, Suite 1927 6 New York, New York 10004 BY: BRIAN VANNELLA, ESQ. 7 8 LONDON FISCHER, LLP 9 Attorneys for the Defendants ERY RETAIL PODIUM LLC, ET AL. 10 59 Maiden Lane New York, New York 10038 11 BY: CRUZ M. WILLIAMS, ESQ. 12 13 ALSO PRESENT: Pedro Duarte - 14 Portuguese Interpreter 15 16 * * * 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 age 3 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or 5 (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not 6 interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 P ge 4 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 Veritext Legal So Iutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 ,-, P ge 5 1 E. NOGUEIRA 2 P E D R 0 DU ARTE, a Portuguese 3 interpreter, solemnly swore to translate 4 the following questions from English to 5 Portuguese and answers from Portuguese to 6 English: 7 E L I A N D R 0 NOGUEIRA, called 8 as a witness, having been first duly sworn, 9 through an interpreter, by a Notary Public 10 of the State of New York, was examined and 11 testified as follows: 12 EXAMINATION BY ,,,,-..., 13 MS. WILLIAMS: 14 Q. Please state your name for the 15 record. 16 A. Eliandro Nogueira. 17 Q. What is your address? 18 A. 19 20 Q. Good morning, Mr. Nogueira. 21 A. Good morning. 22 Q. We met at your first day of 23 deposition. My name lS Cruz Williams, I'm 24 with the Law Firm of London Fischer. I'm ,,,--. 25 here on behalf of the defendants in this Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 P ge 6 1 E. NOGUEIRA 2 litigation related to an incident alleged 3 to have occurred on November 4th, 2016. 4 We're here to continue your deposition that 5 commenced on October 21st of 2019 regarding 6 this incident. 7 (Whereupon, an off-the-record 8 discussion was held.) 9 Q. Do you recall providing 10 testimony on October 21st, 2019? 11 A. Yes. 12 Q. As you sit here today, is there 13 anything that you recall at this time that 14 you testified to at your first day of 15 deposition that you either want to clarify 16 or change at this time? 17 A. No. 18 MR. VANNELLA: I would just 19 note that we haven't received a 20 transcript yet to review, so upon 21 review of the transcripts, it may 22 refresh his recollection if there's 23 any changes he feels need to be made. 24 MS. WILLIAMS: Point taken. ,;~ 25 Q. Mr. Nogueira, we left off last Yeritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 P ge 7 1 E. NOGUEIRA 2 time with respect to you being escorted to 3 an aid station at the site after the 4 incident, do you recall that? 5 A. Yes. 6 Q. And so that's where we're going 7 to pick up now. At the time you were at 8 the aid station, were you experiencing pain 9 to any parts of your body? 10 A. Yes. 11 Q. To what parts of your body? 12 A. So it was the left shoulder, 13 the left leg, and the spine, the lower 14 back, by the butt. 15 Q. Immediately after the incident 16 occurred, did you immediately feel pain to 17 your left shoulder, your left leg, and your 18 lower back? 19 A. Yes. 20 (Whereupon, an off-the-record 21 discussion was held.) 22 Q. While you were in the aid 23 station, was Robert from Tishman present? 24 A. Yes. 25 Q. Was there also a woman present Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 8 1 E. NOGUEIRA 2 that was tending to you? 3 A. Yes. 4 Q. Do you know that woman's name? 5 A. No. 6 Q. Does the name Kimberly Rollock 7 refresh your recollection? 8 A. Maybe. 9 Q. Do you know who the woman 10 worked for? 11 A. She was with Robert. 12 Q. Do you know if she worked for 13 the same company as Robert? 14 A. She was from the first aid and 15 I don't know if she worked for the same 16 company or not. 17 Q. Mr. Frank Granger, was he 18 present at the aid station? 19 A. Yes. 20 Q. Was anyone else present at the 21 aid station while you were being tended to? 22 A. I don't remember right now, I 23 remember three of them. 24 Q. Did you tell any of those three 25 people we've just identified that you were Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Page 9 1 E. NOGUEIRA 2 feeling pain to your left shoulder, your 3 left leg, and your lower back? 4 A. Yes. 5 Q. Were you communicating with 6 them in English? 7 A. Yes, and I was using the 8 translation on the phone. 9 Q. What do you mean "the 10 translation on the phone"? 11 A. When I didn't know how to 12 express the word that I was trying to, I 13 would write the word in Portuguese and then 14 it would translate to English. 15 Q. Did you have a translation 16 application on your phone? 17 A. The phone does have one, it 18 does have one. 19 Q. Were either of the other three 20 people you were speaking to, did they also 21 use some form of translation method to 22 communicate their words to you? 23 A. No. 24 Q. You would type the words that 25 you were trying to convey in Portuguese Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 10 1 E. NOGUEIRA 2 into the app and then the app would 3 translate it into English? 4 A. Yes. 5 Q. Then would you show -- did you 6 show the phone to the people you were 7 speaking to so that they can read the 8 English translation or did you attempt to 9 verbalize the English translation? 10 A. I would press a button and the 11 phone would speak. 12 Q. So the app that you were using 13 on your phone had an audio feature that 14 would actually articulate the words in 15 English? 16 A. Yes. 17 Q. Do you know the name of that 18 app? 19 A. Apple translation. 20 Q. As far as you know, were 21 Robert, Frank, and the woman all present 22 when you were playing the English 23 translation of the injuries you sustained? 24 A. Yes. 25 Q. Did you use that same app to Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 11 1 E. NOGUEIRA 2 communicate to them how the incident 3 occurred? 4 A. No. 5 Q. Was it only to communicate to 6 them the pain symptoms that you were 7 feeling as a result of the accident? 8 A. Yes. 9 Q. While at the aid station, on a 10 scale of 1 to 10 with 10 being most severe, 11 how would you rate the pain that you were 12 feeling to your left shoulder? 13 A. 10. 14 Q. How would you rate the pain you 15 were feeling to your left leg? 16 A. 9. 17 Q. When you refer to your left 18 leg, are you referring to the entire leg 19 from the hip down to your foot or a portion 20 of the leg or something else? 21 A. From the shin, where I had the 22 cut, up to the waist. 23 THE INTERPRETER: Sorry, 24 correction, hip. 25 Q. How would you rate the pain Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pag 12 1 E. NOGUEIRA 2 that you were experiencing to your lower 3 back while you were in the aid station? 4 A. 9. 5 Q. You made reference to a cut on 6 your left shin, correct? 7 A. Yes. 8 Q. How deep and how long was that 9 cut, approximately? 10 MR. VANNELLA: Objection to 11 form, but he can answer. 12 A. Three centimeters by half a 13 centimeter deep. 14 MR. VANNELLA: So three 15 centimeters long? 16 THE WITNESS: Yes. 17 Q. Was it bleeding at the time 18 that you were at the aid station? 19 A. They didn't do anything about 20 it, didn't even put a Band-Aid on. I only 21 placed a Band-Aid on it when I got home. 22 Q. Were you wearing long pants at 23 the time of this incident? 24 A. Long pants and also a long boot 25 that would come up to four centimeters Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 13 1 E. NOGUEIRA 2 below the knee. 3 Q. Four centimeters below the 4 knee? 5 A. Yes, more or less. 6 Q. Approximately where along your 7 shin was the cut, was it closer to your 8 knee area, closer to your ankle area, 9 somewhere in the middle, or something else? 10 A. Closer to the ankle. If you 11 want, I can show you where the cut is. 12 Q. One moment. The pants you were 13 wearing, were they jeans? 14 A. Yes, and they ripped. 15 Q. That was my next question. Did 16 the jeans rip in the area where you had the 17 cut on your shin? 18 A. Yes, the jeans were ripped, the 19 boots were scratched, and -- even though I 20 still had the cut. 21 Q. Did you still own the paint 22 jeans that you were wearing that day? 23 A. No. 24 Q. Do you still have the boots you 25 were wearing that day? Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Page 14 1 E. NOGUEIRA 2 A. Yes. 3 Q. Have you continued to use those 4 boots for work since the date of this 5 incident? 6 A. No, they were stored. 7 Q. Have you worn the boots at all 8 since the date of this incident? 9 A. No. 10 Q. Where do you have those boots 11 stored? 12 A. In my house. 13 Q. Where are they stored in your 14 house, are there they in a box, are they in 15 a closet, are they in a bag, or something 16 else? 17 A. In a closet. 18 Q. Are they in a box in the 19 closest, in a bag in the closet, or 20 something else? 21 A. In a bag. 22 Q. What, if anything, did they do 23 for you while you were at the first aid 24 station at the site? ,.,--.,,, 25 A. They didn't do anything. They Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pag 15 1 E. NOGUEIRA 2 just told me to get a cab and leave the 3 area. 4 Q. Did they ask you to prepare an 5 incident report? 6 A. No. 7 Q. Did you sign any documents 8 while you were at the first aid station? 9 A. I don't remember signing 10 anything. I was in a lot of pain. 11 Q. I'm going to show you what was 12 previously marked as Defendant's Exhibit E 13 on October 21st, 2019, which is an incident 14 report -- a related incident report 15 together with an employee statement. 16 (Whereupon, an off-the-record 17 discussion was held.) 18 A. Yes. 19 Q. If you look at page 4 of the 20 incident report, at the very bottom, 21 there's a section that -- a box that has 22 your name and a signature, which you 23 identified as your signature previously, do 24 you recall that? 25 MR. VANNELLA: Over objection, Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 16 1 E. NOGUEIRA 2 I think he testified that those were 3 his initials on the bottom of page 4. 4 I don't want to characterize his 5 prior testimony. 6 MS. WILLIAMS: I'll ask him 7 again but I thought he did say that 8 was his signature. 9 Q. Mr. Nogueira, is that your 10 signature on the bottom left of page 4? 11 A. It does seem like it's my 12 signature, just a signature. 13 Q. To the right of the signature, 14 there's a date, 11/04/16, and a time 15 handwritten, 7:30, do you see that? Are 16 either of those writings your handwriting, 17 the date or the time? 18 A. No. 19 Q. Do you remember as you sit here 20 today signing this document? 21 A. No. 22 Q. Above your signature on that 23 same page, there's a section that says 24 "Mark Porter," do you see that? 25 A. Yes. Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 ,~"~ Pae 17 1 E. NOGUEIRA 2 Q. Do you know who Mark Porter 3 was? 4 A. No. 5 Q. On the next page where it says 6 employee statement at the very next page 7 behind that. 8 MR. VANNELLA: The next page. 9 Q. On the bottom left, there's 10 another signature, do you see that? 11 MR. VANNELLA: Well, it says 12 oh, okay, employee statement form at 13 the top, okay. 14 Q. Do you recognize the signature 15 on the bottom left corner of that page to 16 be your signature? 17 A. It does look like mine but it 18 seems a bit different. 19 Q. Do you recall signing this 20 document any time after this incident? 21 A. No. I have all the papers that 22 were given to me when this happened and I 23 still have those with me, I still have 24 possession of those with me. 25 Q. Were those papers that were Yeritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pag 18 1 E. NOGUEIRA 2 given to you while you were at the first 3 aid station at the site? 4 A. When I was leaving the first 5 aid station to get into a cab. 6 Q. And the papers that you have, 7 is your signature on any of those papers? 8 A. I don't remember right now if 9 they are or not. 10 Q. Do you know approximately how 11 many pages of papers that you have? 12 A. Three. Two were given to me at 13 the job site and Daniel was given some 14 other documents while I was getting into 15 the cab. 16 (Whereupon, an off-the-record 17 discussion was held.) 18 MS. WILLIAMS: I'm going to 19 make a demand for copies of the 20 documents that the witness has just 21 referred to that were provided as he 22 was leaving the site and I will 23 follow up in writing. 24 MR. VANNELLA: We'll take it 25 under advisement. Veritext Legal Solutions 800-567-8658 . 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 19 1 E. NOGUEIRA 2 Q. Mr. Nogueira, did you, in fact, 3 take a taxi to another medical facility 4 after this incident? 5 A. Yes. 6 Q. Where did you go, which 7 facility? 8 A. 42 Emergency Care. 9 Q. Did you travel by yourself in 10 the taxi? 11 A. No. ,-· 12 13 Q. A. Who did you go with? With the shop steward from the 14 union. 15 Q. Do you know that shop steward's 16 name? 17 A. Yes. 18 Q. What was it? 19 A. Samuel. 20 Q. Was Samuel present at the first 21 aid station when you were discussing the 22 injuries you sustained from this accident? 23 A. No. 24 Q. Do you know who paid for the 25 taxi? Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pag 20 1 E. NOGUEIRA 2 A. The first one, Frank gave him 3 $20. 4 Q. Did Samuel stay with you at 42 5 Medical Care? 6 A. Yes. 7 Q. What is 42 Medical Care, is 8 that a hospital or a clinic or something 9 else? 10 A. I think it's a clinic. 11 Q. How long did it take you to get 12 to 42 Medical Care from the facility? 13 A. I remember I was in a lot of 14 pain, I don't even remember. 15 Q. Do you recall if it took you 16 more than 15 minutes to get there? 17 A. Maybe. 18 Q. Do you know if it took you more 19 than a half an hour to get there? 20 A. I don't know. 21 Q. What, if anything, did they do 22 for you at 42 medical care? 23 A. Yes. 24 Q. What did they do for you? 25 A. They did a CAT scan on the left Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pag 21 1 E. NOGUEIRA 2 shoulder, the left elbow, and they did an 3 X-ray on the left knee and a drug test. 4 Q. At the time you were at the 42 5 Medical Care, were you still experiencing 6 the same levels of pain to your left 7 shoulder, your left leg, and your lower 8 back that you had been experiencing at the 9 first aid station? 10 A. Yes. 11 Q. Did you communicate that to the 12 personnel at 42 Medical? 13 A. I did but they gave me some 14 Advil and didn't do anything else. 15 Q. Did they take any diagnostic 16 testing of your lower back? 17 A. No. 18 Q. Did you communicate to 42 19 Medical about the pain symptoms you were 20 experiencing in English? 21 THE INTERPRETER: Can you 22 repeat. 23 (Whereupon, the referred to 24 question was read back by the 25 Reporter.) Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 /- 1 E. NOGUEIRA Pag 22 2 A. No, they had people who spoke 3 Spanish. 4 Q. Were you speaking to them in 5 Spanish? 6 A. I spoke in Spanish with them, 7 with the nurse. 8 Q. So you told the nurse your pain 9 symptoms in the Spanish language? 10 A. Yes. 11 Q. Are you fluent in Spanish? 12 A. I understand. 13 Q. Do you understand more Spanish 14 than English? 15 A. Yes. 16 Q. Did you use the translation app 17 at all while you were at 42 Medical to 18 communicate to anyone your pain symptoms? 19 A. No. 20 Q. Were you confident in your 21 communications with the nurse that she 22 understood what you were communicating to 23 her? 24 A. I think so. 25 Q. Did you tell the nurse that you Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 23 1 E. NOGUEIRA 2 had lower back pain symptoms? 3 A. Yes. 4 Q. Did anyone discuss with you the 5 results of the CAT scans? 6 A. No. 7 Q. Were you administered any 8 medications while you were at 42 Medical? 9 A. An Aleve tablet, Advil. 10 Q. Aleve and Advil or something 11 else? 12 A. No, just Advil. 13 Q. Were you discharged the same 14 day? 15 A. Yes. 16 Q. Did they give you any 17 instructions upon discharge? 18 A. They sent me to the 19 Presbyterian Hospital to see another 20 doctor. 21 Q. Did they tell you why they were 22 sending you to the Presbyterian Hospital? 23 A. No. 24 Q. Did they give you any 25 prescriptions? Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pag 24 1 E. NOGUEIRA 2 A. No. 3 Q. Did you go from 42 Medical Care 4 to the New York Presbyterian Hospital? 5 A. Yes. 6 Q. Did you take a taxi? 7 A. Yes, I took a cab and I paid 8 with my own card, I have proof. 9 Q. Did Samuel go with you to New 10 York Presbyterian? 11 A. Yes. 12 Q. How long, approximately, did it 13 take you to get to New York Presbyterian? 14 A. I have no idea. 15 Q. Do you know approximately how 16 long you spent at 42 Medical Care? 17 A. I don't remember. 18 Q. Do you know if it was more or 19 less then three hours? 20 A. I don't remember. 21 Q. While you were at 42 Medical, 22 did you tell them how you were injured? 23 A. That I had fallen from a 24 scaffold. 25 Q. Did you tell anyone at 42 Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 25 1 E. NOGUEIRA 2 Medical what caused you to fall from the 3 scaffold? 4 A. No. 5 MR. VANNELLA: Did anybody ask 6 you what caused you to fall at 42 7 Medical? 8 THE WITNESS: What I was 9 feeling, the legs, the butt, and the 10 back were all bruised. 11 MR. VANNELLA: You said that 12 you didn't tell anybody what caused 13 you to fall -- you didn't tell 14 anybody at 42 Medical what caused you 15 to fall from the scaffold, correct? 16 THE WITNESS: Yes. 17 MR. VANNELLA: Is that because 18 nobody asked you there or something 19 else? 20 MS. WILLIAMS: Objection to 21 form. 22 THE WITNESS: Nobody asked. 23 Q. When you advised the 42 Medical 24 personnel that you fell off the scaffold, 25 did you tell anyone that you slipped? Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 c~c Page 26 1 E. NOGUEIRA 2 A. No. 3 Q. Did you tell anyone at 42 4 Medical that you lost your balance? 5 A. No. 6 Q. When you were at the first aid 7 station at the site, did you tell anyone 8 that you slipped? 9 A. No. 10 Q. And did you tell anyone at the 11 first aid station at the site that you lost 12 your balance? 13 A. No. 14 Q. At New York Presbyterian 15 Hospital, were you still experiencing the 16 same level of pain symptoms to the same 17 parts of the body that you were 18 experiencing them when you were at the 19 first aid station? 20 A. Yes. 21 MS. WILLIAMS: Off the record. 22 (Whereupon, an off-the-record 23 discussion was held.) 24 MR. VANNELLA: The New York 25 Presbyterian Hospital that you went l~"-, Veritext Legal Solutions 800-567-8658 73-410-4098 FILED: NEW YORK COUNTY CLERK 03/14/2022 06:28 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/14/2022 Pae 27 1 E. NOGUEIRA 2 to after 42 Medical, do you remember 3 where that was located? 4 THE INTERPRETER: The 5 interpreter must get clarification. 6 A. 170 Williams Street, 8th floor, 7 Dr. Friedman. 8 (Whereupon, an off-the-record 9 discussion was held.) 10 Q. Did you go to a -- was it a 11 hospital emergency room? 12 A. No. Tha