Preview
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
1
11
22 COURT OF
SUPREME COURT
SUPREME STATE OF
THE STATE
OF THE NEW YORK
OF NEW YORK
COUNTY OF
COUNTY KINGS
OF KINGS
33 ee eee i ee ee eae a a a ae eer ee ne eer crc X
x
JOHNSON
MINEL JOHNSON
MINEL and ANSEL
and ANSEL JOHNSON,
JOHNSON,
44
PLAINTIFFS,
PLAINTIFF S,
55
~against-
-against- Index No:
Index No:
66 523101/ 2016
523101/20 16
77 BERNARD RIMPEL, UMESH
BERNARD RIMPEL, MISHRA,
UMESH MISHRA, JOSEPH
JOSEPH
SARINA CRANAGE
DERGAN, SARINA
DERGAN, ,
CRANAGE, STACEY MARTIN
STACEY DALE,
MARTINDA LE,
88 HOMSI, DAVID
AMER HOMSI,
AMER THE BROOKLY
and THE
SCHANER and
DAVID SCHANER N
BROOKLYN
HOSPITAL
HOSPITAL CENTER,
CENTER,
99
DEFENDANTS.
DEFENDANTS.
10 X
FB
FO
11
PrP
12 DATE:
DATE: October
October 19,
19, 2018
2018
PRP
NY
13 TIME:
TIME: 10:41
10:41 A.M.
A.M.
RP
W
14
B®
FP
15
oO
PPP
16 VIDEOT APEDD EXAMIN
VIDEOTAPE EXAMINATI ON BEFORE
ATION BEFORE
Dn
17 TRIAL of
TRIAL one of
of one the Defend
of the ants,
Defendant s, UMESH
UMESH
aI
18
18 M.D., b/s/h/
MISHRA, M.D.,
MISHRA, b/s/h/a UMESH MISHRA
a UMESH MISHRA,, taken
taken
19
19 by the Respec
by the Respectiv Parties,
tivee Parties, pursua
pursuant to aa
nt to
20
20 Order,
Court Order,
Court held the offices
at the
held at DOPF,
of DOPF,
offices of
21
21 P.C.,
P.c., Ninth Avenue
440 Ninth
440 Avenue,, New New York
York, New
New York, York
22
22 10001,
10001, before
before Mary Robold,
Mary Robold, Notary
aa Notary Public
Public
23
23 of
of the State
the New York.
of New
State of York.
24
24
295
25
DIAMON
DIAMOND REPORTING
D REPORTING (718)
(718) 624-7200
624-7200 info@diam ndreportin
info@diamoondreport g.com
ing.com
11
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
2
11
22 APPEARANCES:
APPEAR ANCES:
33
44 DOUGLAS,
GURFEIN DOUGLAS,
GURFEIN LLP
LLP
Attorneys
Attorneys for the Plaintiffs
for the Plaintiffs
55 MINEL JOHNSO
MINEL JOHNSONN
ANSEL JOHNSO
ANSEL JOHNSONN
66 11 Park
11 Park Place 705
Suite 705
Place - Suite
New York,
New York, New York
New York 10007
10007
77 BY:
BY: PRESTON DOUGLAS,
PRESTON DOUGLAS, ESQ.
ESQ.
88
99 ELLENBERG,
ELLENBERG, GANNON,
GANNON, HENNINGER
HENNINGER
FITZMAURIC
FITZMAUR LIM, LLP
ICEE && LIM, LLP
10
10 Attorney
Attorneyss for the Defendan
for the t
Defendant
BERNARD RIMPEL
BERNARD RIMPEL
11
11 494 Eighth
494 Eighth Avenue
Avenue
New York,
New York, New York 10001
New York 10001
12
12 BY:
BY: NIGYAR ALIEVA,
NIGYAR ALIEVA, ESQ.
ESQ.
13
13
14
14 DOPF, P.C.
DOPF, P.C.
Attorneys
Attorneys the Defendants
for the
for Defendants
15
15 UMESH
UMESH MISHRA
MISHRA
JOSEPH DERGAN
JOSEPH DERGAN
16
16 STACEY MARTINDALE
STACEY MARTINDALE
AMER HOMSI
AMER HOMSI
17
17 THE HOSPITAL CENTER
BROOKLYN HOSPITAL
THE BROOKLYN CENTER
440 Ninth Avenue
440 Ninth Avenue
18
18 York,
New York,
New New York
New 10001
York 10001
BY:
BY: DENISE
DENISE SAPANARA,
SAPANARA, ESQ.
ESQ.
19
19
20
20
KERLEY,
KERLEY, WALSH,
WALSH, MATERA &
MATERA CINQUEMANT,
& CINQUEMANI, P.C.
P.C.
21
21 Attorneys
Attorneys for the Defendant
for the Defendantss
SARINA CRANAGE
SARINA CRANAGE
22
22 DAVID SCHANER
DAVID SCHANER
2174 Jackson
2174 Avenue
Jackson Avenue
23
23 Seaford,
Seaford, New York
New 11783
York 11783
BY:
BY: JOY SCHNEIDER
JOY SCHNEIDER,, ESQ.
ESQ.
24
24 File #:
File #: 15230
15230
*
* *
* ★
*
25
25
REPORTING
DIAMOND REPORTING
DIAMOND (718)
(718) 624-7200
624-7200 info@diamondreport
info@diamo ing.com
ndreportin g.com
2
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
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
18 questions at a deposition, except, (i) to
preserve a privilege or right of
19 confidentiality, (ii) to enforce a
limitation set forth in an order of the
20 court, or (iii) when the question is
plainly improper and would, if answered,
21 cause significant prejudice to any person.
An attorney shall not direct a deponent not
22 to answer except as provided in CPLR Rule
3115 or this subdivision. Any refusal to
23 answer or direction not to answer shall be
accompanied by a succinct and clear
24 statement of the basis therefor. If the
deponent does not answer a question, the
25 examining party shall have the right to
complete the remainder of the deposition.
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
3
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
4
11
22 221.
221. UNIFORM
UNIFORM RULES
RULES FOR
FOR THE
THE
CONDUCT
CONDUCT OF
OF DEPOSITIONS
DEPOSITIONS
3
W
221.3 Communic
221.3 Communicatio the deponent
with the
ationn with deponent
4 An
An attorney
attorney shall
shall not
not interrupt
interrupt the
the
EF
depositio
deposition for the
n for of communica
purpose of
the purpose tingg
communicatin
5 with the
with deponent unless
the deponent unless all parties
all parties
YH
consent or
consent the communicatio
or the is made
communicationn is for
made for
6 the purpose of
the purpose determining whether
of determining the
whether the
DH
question should not be
question should not be answered
answered on
on the
the
7 set forth
grounds set
grounds in section 221.2
forth in section 221.2 of
of these
these
NN
rules and,
rules in such
and, in event, the
such event, reason for
the reason for
8 the communica
the tion
communicatio n shall
shall be
be stated
stated for
for the
the
Oo
record succinctly and
record succinctly and clearly.
clearly.
9
wo
10 IT FURTHER STIPULATED
IS FURTHER
IT IS AND AGREED
STIPULATED AND AGREED
ke
o
that the transcript
that the transcript may
may be
be signed
signed before
before
11 any Notary
any Public with
Notary Public same force
the same
with the and
force and
ta
b+
effect as
effect as if signed before
if signed clerk ora
before aa clerk or a
12 Judge of
Judge of the
the court.
court,
NO
PP
13
WwW
IT IS
IT IS FURTHER
FURTHER STIPULATED
STIPULATED AND AND AGREED
AGREED
14
14 that
that the
the examinatio
examinationn before
before trial
trial may
may be
be
utilized for all purposes
utilized for all purposes as
as provided
provided by
by
15
15 the
the CPLR.
CPLR.
16
16
IT IS
IT IS FURTHER
FURTHER STIPULATED
STIPULATED ANDAND AGREED
AGREED
17
17 all rights provided to all
that all
that rights provided to all parties
parties by
by
the CPLR cannot
the CPLR be deemed
cannot be waived and the
deemed waived and the
18
18 appropriat
appropriate sections of
e sections the CPLR
of the shall be
CPLR shall be
controlling with
controlling respect hereto.
with respect hereto.
19
19
20
20 IT FURTHER STIPULATED
IS FURTHER
IT IS AND AGREED
STIPULATED AND AGREED
by and between
by and attorneys for
the attorneys
between the for the
the
21
21 respective parties hereto
respective parties hereto that
that a
a copy of
copy of
this examinatio
this examinationn shall be furnished,
shall be furnished,
22
22 without charge,
without charge, to the
to attorneys
the attorneys
representi ng the
representing testifying herein.
witness testifying
the witness herein.
23
23
24
24
© 25
25
DIAMOND REPORTING
DIAMOND REPORTING (718)
(718) 624-7200
624-7200 info@diamondreport
info@diamond ing.comm
reporting.co
44
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
5
11 U.
U. MISHRA,
MISHRA, M.D.
M.D.
22 THE VIDEOGR
THE APHER:
VIDEOGRAPHER: Good
Good
33 morning.
morning. the matter
In the
In of Johnson
matter of Johnson
44 versus Rimpel,
versus Rimpel, et al,
et al, my name is
my name is
55 Kenneth Lo.
Kenneth Lo. My address
My address is 61-32
is 61-32
66 Street,
232nd Street,
232nd Oakland Gardens,
Oakland Gardens, New
New
77 York.
York.
88 hereby certify
II hereby am the
that II am
certify that the
9 operator of the
operator of equipments on
video equipments
the video on
10 which this
which videotaped
this videota deposition
ped deposit is
ion is
11 being
being recorded.
recorded.
12 This recording
This is being
recording is being made on
made on
13 October
October 19,
19, 2018 at the
2018 at the office of
office of
14 Dopf,
Dopf, P.C.,
P.C., located at
located 440 Ninth
at 440 Ninth
15 Avenue,
Avenue, New York
New City.
York City.
16 am employed
II am by Gurfein
employed by Gurfein
17
17 Douglas,
Douglas, LLP, with
LLP, office at
with office 11 Park
at 11 Park
18
18 Place,
Place, New York
New City.
York City.
19
19 time is
The time
The 10:41:03 seconds,
is 10:41:03 seconds,
20
20 and the witness
and the is Dr.
witness is Umesh Mishra,
Dr. Umesh Mishra,
21
21 and he is
and he the plaintiff
by the
called by
is called plaintiff
22
22 pursuant to
pursuant court order.
to aa court order.
23
23 The court
The reporter’s name
court reporter's is
name is
24
24 Robold,
Mary Robold,
Mary and she is
and she certified
is aa certified
29
25 court stenograph
court stenogr working
er working
apher for
for
ORTINGG (718) 624-7200
624-7200 info@ diamo
info@di orting.com
ndrepporting
amondre .com
DIA MOND REP
DIAMOND REPORTIN (718)
5
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
6
11 U.
U. MISHRA,
MISHRA, M.D.
M.D.
22 Diamond Reporting,
Diamond Reporting, located at 16
located at 16
33 Street,
Court Street,
Court Brooklyn,
Brooklyn, New York.
New York.
44 notary public
She's aa notary
She's of the
public of State of
the State of
55 New York.
New York.
66 Would
Would the
the attorneys
attorneys please
please
77 identify
identify your
your voices
voices and,
and, Ms.
Ms. Robold,
Robold,
88 swear
swear in the witness.
in the witness.
99 MR.
MR. DOUGLAS:
DOUGLAS: Preston
Preston Douglas
Douglas
10 for
for the plaintiff.
the plaintiff.
Fe
OC
11 MS.
MS. SAPANARA:
SAPANARA: Denise
Denise Sapanara
Sapanara
FF
BR
12 for Dr. Mishra,
for Dr. Dr. Dergan,
Mishra, Dr. Dergan,
FP
WN
13 Martindale,
Dr. Martindale,
Dr. Dr.
Dr. Homsi, and The
Homsi, and The
FP
14 Brooklyn Hospital
Brooklyn Center.
Hospital Center.
eF
FP
15 MS.
MS. ALIEVA:
ALIEVA: Nigyar
Nigyar Alieva
Alieva for
for
PRP
MW
16 Dr. Rimpel.
Dr. Rimpel.
OA
FP
17 MS.
MS. SCHNEIDER:
SCHNEIDER: Joy Schneider
Joy Schneider
UYU
FP
18 for
for CRNA
CRNA Cranage
Cranage and
and Dr.
Dr. Schaner.
Schaner.
oO
FP
19 H
M E S H
UMES
U MISHRA,
MISHRA, called as aa
called as
FP
oo
20 witness, having
witness, been first
having been duly sworn
first duly by aa
sworn by
Ny
21 Notary of the
Public of
Notary Public of New
State of
the State York, was
New York, was
Ne]
ray
22
22 examined and testified
examined and as follows:
testified as follows:
23
23 EXAMINATION
EXAMINATION BY
BY
24
24 MR.
MR. DOUGLAS:
DOUGLAS:
25
25 Q.
Q- Good morning.
Good morning, Dr. Mishra.
Dr. Mishra.
REPORTING
DIAMOND REPORTING
DIAMOND (718) 624-7200
(718) 624-7200 info@dia mondrepo
info@diamondr com
rting.
eporting.com
66
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
7
1 U. MISHRA, M.D.
2 A. Good morning, how are you.
3 Q. Your attorney has given me your
4 CV. Is it current?
5 A. May not be, may not be.
6 Q. What's missing or changed?
7 A. I'm not sure if I have put my
8 address, I -- correctly or I'm not sure if
9 I put my current employment on that. My
10 current employment on that.
11 Q. Current employment. All right,
12 we'll get to that.
13 So other than that it's
14 complete?
15 A. I think so.
16 MR. DOUGLAS: Okay. Let's mark
17 it Plaintiff's 1 for today.
18 (Whereupon, the aforementioned
19 CV was marked as Plaintiffs' Exhibit
20 1 for identification as of this date
21 by the Reporter.)
22 MR. DOUGLAS: Denise, do you
23 want to agree to use his business
24 address and accept service through
25 the end of the case so he doesn't
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
7
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
8
1 U. MISHRA, M.D.
2 have to give his home address?
3 MS . SAPANARA: Yes.
4 Q. Okay. So Dr. Mishra, what is
5 your business address, please?
6 A. (Inaudible.)
7 MS. SAPANARA: You have to tell
8 him.
9 Q. You have to tell me. Ir m not
10 your lawyer, I'm the other side.
11 MS . SAPANARA: He's never done
12 this before.
13 A. Well, I think it's 330 North
14 Reading Road, now I'm just recollecting
15 that with my memory, Ephrata, Pennsylvania,
16 I don't don't ask me the zip code,
17 Q. I don't need the zip code.
18 Is that a physician group?
19 A. Yes.
20 Q. What's the name of the group?
21 A. It's WellSpan Health.
22 Q. Say it again?
23 A. WellSpan Health.
24 Q. WellSpan Health. Got it.
25 You have a little bit of an
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
8
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
9
1 U. MISHRA, M.D.
2 accent, and I have poor hearing and I wear
3 hearing aids.
4 A. I apologize.
5 Q- So I apologize, and we'll try
6 to get along by repeating when we need to,
7 okay?
8 MS. SAPANARA: Just wait for
9 him to finish his question or comment
10 before you begin speaking.
11 Q. This is not a conversation.
12 It's a question-and-answer session, okay?
13 Okay?
14 A. Okay.
15 Q. Also, you have to answer
16 verbally, head shakes don't work.
17 A. Okay.
18 Q. Thank you.
19 Dr. Mishra, back in 2014, were
20 you working at The Brooklyn Hospital?
21 A. Yes.
22 Q. In what capacity that year were
23 you working?
24 A. I was a house staff officer.
25 Q. You were a fellow, were you
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
9
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
10
1 U. MISHRA, M.D.
2 not?
3 A. Yes, that’s a fellow, yeah.
4 Q. Okay. Were you an employee of
5 The Brooklyn Hospital at that time?
6 A. As a fellow, as a fellow, yes.
7 Q. You got paid as a fellow
8 A. Yes.
9 Q. - to deliver care to patients,
10 correct?
11 A. Yes.
12 Q. And did you, in fact, deliver
13 care to Minel Johnson at some point in 2014
14 as part of your duties as a fellow employee
15 of the hospital?
16 A. Yes.
17 Q. Good.
18 MR. DOUGLAS: Let's mark this.
19 It was under my thumb.
20 Q. Where and when for the first
21 time, if we can combine those two
22 questions, did you first see Minel Johnson?
23 A. Can I refer to my note?
24 Q. Oh, yes. Now, let's be clear.
25 you appear to have just a few pages of the
DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com
10
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023
11
1 U. MISHRA, M.D.
2 hospital record in front of you; is that
3 correct?
4 A. Yes, yes.
5 Q- And have those pages been
6 intentionally selected because those are
7 the ones that pertain to you?
8 MS. SAPANARA: By counsel, yes.
9 Q. Okay. And let me invite you to
10 use any part of the hospital record that
11 will help you to answer my questions, and
12 you don't have to say. Looking at the
13 record, each time, you can just answer the
14 question, okay?
15 A. Sure.
16 Q. When did you first see Minel
17 Johnson and where was she?
18 A. May 3, 2014.
19 MS. SAPANARA: Where was she?
20 A.
Preview
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 1 11 22 COURT OF SUPREME COURT SUPREME STATE OF THE STATE OF THE NEW YORK OF NEW YORK COUNTY OF COUNTY KINGS OF KINGS 33 ee eee i ee ee eae a a a ae eer ee ne eer crc X x JOHNSON MINEL JOHNSON MINEL and ANSEL and ANSEL JOHNSON, JOHNSON, 44 PLAINTIFFS, PLAINTIFF S, 55 ~against- -against- Index No: Index No: 66 523101/ 2016 523101/20 16 77 BERNARD RIMPEL, UMESH BERNARD RIMPEL, MISHRA, UMESH MISHRA, JOSEPH JOSEPH SARINA CRANAGE DERGAN, SARINA DERGAN, , CRANAGE, STACEY MARTIN STACEY DALE, MARTINDA LE, 88 HOMSI, DAVID AMER HOMSI, AMER THE BROOKLY and THE SCHANER and DAVID SCHANER N BROOKLYN HOSPITAL HOSPITAL CENTER, CENTER, 99 DEFENDANTS. DEFENDANTS. 10 X FB FO 11 PrP 12 DATE: DATE: October October 19, 19, 2018 2018 PRP NY 13 TIME: TIME: 10:41 10:41 A.M. A.M. RP W 14 B® FP 15 oO PPP 16 VIDEOT APEDD EXAMIN VIDEOTAPE EXAMINATI ON BEFORE ATION BEFORE Dn 17 TRIAL of TRIAL one of of one the Defend of the ants, Defendant s, UMESH UMESH aI 18 18 M.D., b/s/h/ MISHRA, M.D., MISHRA, b/s/h/a UMESH MISHRA a UMESH MISHRA,, taken taken 19 19 by the Respec by the Respectiv Parties, tivee Parties, pursua pursuant to aa nt to 20 20 Order, Court Order, Court held the offices at the held at DOPF, of DOPF, offices of 21 21 P.C., P.c., Ninth Avenue 440 Ninth 440 Avenue,, New New York York, New New York, York 22 22 10001, 10001, before before Mary Robold, Mary Robold, Notary aa Notary Public Public 23 23 of of the State the New York. of New State of York. 24 24 295 25 DIAMON DIAMOND REPORTING D REPORTING (718) (718) 624-7200 624-7200 info@diam ndreportin info@diamoondreport g.com ing.com 11 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 2 11 22 APPEARANCES: APPEAR ANCES: 33 44 DOUGLAS, GURFEIN DOUGLAS, GURFEIN LLP LLP Attorneys Attorneys for the Plaintiffs for the Plaintiffs 55 MINEL JOHNSO MINEL JOHNSONN ANSEL JOHNSO ANSEL JOHNSONN 66 11 Park 11 Park Place 705 Suite 705 Place - Suite New York, New York, New York New York 10007 10007 77 BY: BY: PRESTON DOUGLAS, PRESTON DOUGLAS, ESQ. ESQ. 88 99 ELLENBERG, ELLENBERG, GANNON, GANNON, HENNINGER HENNINGER FITZMAURIC FITZMAUR LIM, LLP ICEE && LIM, LLP 10 10 Attorney Attorneyss for the Defendan for the t Defendant BERNARD RIMPEL BERNARD RIMPEL 11 11 494 Eighth 494 Eighth Avenue Avenue New York, New York, New York 10001 New York 10001 12 12 BY: BY: NIGYAR ALIEVA, NIGYAR ALIEVA, ESQ. ESQ. 13 13 14 14 DOPF, P.C. DOPF, P.C. Attorneys Attorneys the Defendants for the for Defendants 15 15 UMESH UMESH MISHRA MISHRA JOSEPH DERGAN JOSEPH DERGAN 16 16 STACEY MARTINDALE STACEY MARTINDALE AMER HOMSI AMER HOMSI 17 17 THE HOSPITAL CENTER BROOKLYN HOSPITAL THE BROOKLYN CENTER 440 Ninth Avenue 440 Ninth Avenue 18 18 York, New York, New New York New 10001 York 10001 BY: BY: DENISE DENISE SAPANARA, SAPANARA, ESQ. ESQ. 19 19 20 20 KERLEY, KERLEY, WALSH, WALSH, MATERA & MATERA CINQUEMANT, & CINQUEMANI, P.C. P.C. 21 21 Attorneys Attorneys for the Defendant for the Defendantss SARINA CRANAGE SARINA CRANAGE 22 22 DAVID SCHANER DAVID SCHANER 2174 Jackson 2174 Avenue Jackson Avenue 23 23 Seaford, Seaford, New York New 11783 York 11783 BY: BY: JOY SCHNEIDER JOY SCHNEIDER,, ESQ. ESQ. 24 24 File #: File #: 15230 15230 * * * * ★ * 25 25 REPORTING DIAMOND REPORTING DIAMOND (718) (718) 624-7200 624-7200 info@diamondreport info@diamo ing.com ndreportin g.com 2 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 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 18 questions at a deposition, except, (i) to preserve a privilege or right of 19 confidentiality, (ii) to enforce a limitation set forth in an order of the 20 court, or (iii) when the question is plainly improper and would, if answered, 21 cause significant prejudice to any person. An attorney shall not direct a deponent not 22 to answer except as provided in CPLR Rule 3115 or this subdivision. Any refusal to 23 answer or direction not to answer shall be accompanied by a succinct and clear 24 statement of the basis therefor. If the deponent does not answer a question, the 25 examining party shall have the right to complete the remainder of the deposition. DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 3 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 4 11 22 221. 221. UNIFORM UNIFORM RULES RULES FOR FOR THE THE CONDUCT CONDUCT OF OF DEPOSITIONS DEPOSITIONS 3 W 221.3 Communic 221.3 Communicatio the deponent with the ationn with deponent 4 An An attorney attorney shall shall not not interrupt interrupt the the EF depositio deposition for the n for of communica purpose of the purpose tingg communicatin 5 with the with deponent unless the deponent unless all parties all parties YH consent or consent the communicatio or the is made communicationn is for made for 6 the purpose of the purpose determining whether of determining the whether the DH question should not be question should not be answered answered on on the the 7 set forth grounds set grounds in section 221.2 forth in section 221.2 of of these these NN rules and, rules in such and, in event, the such event, reason for the reason for 8 the communica the tion communicatio n shall shall be be stated stated for for the the Oo record succinctly and record succinctly and clearly. clearly. 9 wo 10 IT FURTHER STIPULATED IS FURTHER IT IS AND AGREED STIPULATED AND AGREED ke o that the transcript that the transcript may may be be signed signed before before 11 any Notary any Public with Notary Public same force the same with the and force and ta b+ effect as effect as if signed before if signed clerk ora before aa clerk or a 12 Judge of Judge of the the court. court, NO PP 13 WwW IT IS IT IS FURTHER FURTHER STIPULATED STIPULATED AND AND AGREED AGREED 14 14 that that the the examinatio examinationn before before trial trial may may be be utilized for all purposes utilized for all purposes as as provided provided by by 15 15 the the CPLR. CPLR. 16 16 IT IS IT IS FURTHER FURTHER STIPULATED STIPULATED ANDAND AGREED AGREED 17 17 all rights provided to all that all that rights provided to all parties parties by by the CPLR cannot the CPLR be deemed cannot be waived and the deemed waived and the 18 18 appropriat appropriate sections of e sections the CPLR of the shall be CPLR shall be controlling with controlling respect hereto. with respect hereto. 19 19 20 20 IT FURTHER STIPULATED IS FURTHER IT IS AND AGREED STIPULATED AND AGREED by and between by and attorneys for the attorneys between the for the the 21 21 respective parties hereto respective parties hereto that that a a copy of copy of this examinatio this examinationn shall be furnished, shall be furnished, 22 22 without charge, without charge, to the to attorneys the attorneys representi ng the representing testifying herein. witness testifying the witness herein. 23 23 24 24 © 25 25 DIAMOND REPORTING DIAMOND REPORTING (718) (718) 624-7200 624-7200 info@diamondreport info@diamond ing.comm reporting.co 44 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 5 11 U. U. MISHRA, MISHRA, M.D. M.D. 22 THE VIDEOGR THE APHER: VIDEOGRAPHER: Good Good 33 morning. morning. the matter In the In of Johnson matter of Johnson 44 versus Rimpel, versus Rimpel, et al, et al, my name is my name is 55 Kenneth Lo. Kenneth Lo. My address My address is 61-32 is 61-32 66 Street, 232nd Street, 232nd Oakland Gardens, Oakland Gardens, New New 77 York. York. 88 hereby certify II hereby am the that II am certify that the 9 operator of the operator of equipments on video equipments the video on 10 which this which videotaped this videota deposition ped deposit is ion is 11 being being recorded. recorded. 12 This recording This is being recording is being made on made on 13 October October 19, 19, 2018 at the 2018 at the office of office of 14 Dopf, Dopf, P.C., P.C., located at located 440 Ninth at 440 Ninth 15 Avenue, Avenue, New York New City. York City. 16 am employed II am by Gurfein employed by Gurfein 17 17 Douglas, Douglas, LLP, with LLP, office at with office 11 Park at 11 Park 18 18 Place, Place, New York New City. York City. 19 19 time is The time The 10:41:03 seconds, is 10:41:03 seconds, 20 20 and the witness and the is Dr. witness is Umesh Mishra, Dr. Umesh Mishra, 21 21 and he is and he the plaintiff by the called by is called plaintiff 22 22 pursuant to pursuant court order. to aa court order. 23 23 The court The reporter’s name court reporter's is name is 24 24 Robold, Mary Robold, Mary and she is and she certified is aa certified 29 25 court stenograph court stenogr working er working apher for for ORTINGG (718) 624-7200 624-7200 info@ diamo info@di orting.com ndrepporting amondre .com DIA MOND REP DIAMOND REPORTIN (718) 5 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 6 11 U. U. MISHRA, MISHRA, M.D. M.D. 22 Diamond Reporting, Diamond Reporting, located at 16 located at 16 33 Street, Court Street, Court Brooklyn, Brooklyn, New York. New York. 44 notary public She's aa notary She's of the public of State of the State of 55 New York. New York. 66 Would Would the the attorneys attorneys please please 77 identify identify your your voices voices and, and, Ms. Ms. Robold, Robold, 88 swear swear in the witness. in the witness. 99 MR. MR. DOUGLAS: DOUGLAS: Preston Preston Douglas Douglas 10 for for the plaintiff. the plaintiff. Fe OC 11 MS. MS. SAPANARA: SAPANARA: Denise Denise Sapanara Sapanara FF BR 12 for Dr. Mishra, for Dr. Dr. Dergan, Mishra, Dr. Dergan, FP WN 13 Martindale, Dr. Martindale, Dr. Dr. Dr. Homsi, and The Homsi, and The FP 14 Brooklyn Hospital Brooklyn Center. Hospital Center. eF FP 15 MS. MS. ALIEVA: ALIEVA: Nigyar Nigyar Alieva Alieva for for PRP MW 16 Dr. Rimpel. Dr. Rimpel. OA FP 17 MS. MS. SCHNEIDER: SCHNEIDER: Joy Schneider Joy Schneider UYU FP 18 for for CRNA CRNA Cranage Cranage and and Dr. Dr. Schaner. Schaner. oO FP 19 H M E S H UMES U MISHRA, MISHRA, called as aa called as FP oo 20 witness, having witness, been first having been duly sworn first duly by aa sworn by Ny 21 Notary of the Public of Notary Public of New State of the State York, was New York, was Ne] ray 22 22 examined and testified examined and as follows: testified as follows: 23 23 EXAMINATION EXAMINATION BY BY 24 24 MR. MR. DOUGLAS: DOUGLAS: 25 25 Q. Q- Good morning. Good morning, Dr. Mishra. Dr. Mishra. REPORTING DIAMOND REPORTING DIAMOND (718) 624-7200 (718) 624-7200 info@dia mondrepo info@diamondr com rting. eporting.com 66 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 7 1 U. MISHRA, M.D. 2 A. Good morning, how are you. 3 Q. Your attorney has given me your 4 CV. Is it current? 5 A. May not be, may not be. 6 Q. What's missing or changed? 7 A. I'm not sure if I have put my 8 address, I -- correctly or I'm not sure if 9 I put my current employment on that. My 10 current employment on that. 11 Q. Current employment. All right, 12 we'll get to that. 13 So other than that it's 14 complete? 15 A. I think so. 16 MR. DOUGLAS: Okay. Let's mark 17 it Plaintiff's 1 for today. 18 (Whereupon, the aforementioned 19 CV was marked as Plaintiffs' Exhibit 20 1 for identification as of this date 21 by the Reporter.) 22 MR. DOUGLAS: Denise, do you 23 want to agree to use his business 24 address and accept service through 25 the end of the case so he doesn't DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 7 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 8 1 U. MISHRA, M.D. 2 have to give his home address? 3 MS . SAPANARA: Yes. 4 Q. Okay. So Dr. Mishra, what is 5 your business address, please? 6 A. (Inaudible.) 7 MS. SAPANARA: You have to tell 8 him. 9 Q. You have to tell me. Ir m not 10 your lawyer, I'm the other side. 11 MS . SAPANARA: He's never done 12 this before. 13 A. Well, I think it's 330 North 14 Reading Road, now I'm just recollecting 15 that with my memory, Ephrata, Pennsylvania, 16 I don't don't ask me the zip code, 17 Q. I don't need the zip code. 18 Is that a physician group? 19 A. Yes. 20 Q. What's the name of the group? 21 A. It's WellSpan Health. 22 Q. Say it again? 23 A. WellSpan Health. 24 Q. WellSpan Health. Got it. 25 You have a little bit of an DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 8 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 9 1 U. MISHRA, M.D. 2 accent, and I have poor hearing and I wear 3 hearing aids. 4 A. I apologize. 5 Q- So I apologize, and we'll try 6 to get along by repeating when we need to, 7 okay? 8 MS. SAPANARA: Just wait for 9 him to finish his question or comment 10 before you begin speaking. 11 Q. This is not a conversation. 12 It's a question-and-answer session, okay? 13 Okay? 14 A. Okay. 15 Q. Also, you have to answer 16 verbally, head shakes don't work. 17 A. Okay. 18 Q. Thank you. 19 Dr. Mishra, back in 2014, were 20 you working at The Brooklyn Hospital? 21 A. Yes. 22 Q. In what capacity that year were 23 you working? 24 A. I was a house staff officer. 25 Q. You were a fellow, were you DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 9 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 10 1 U. MISHRA, M.D. 2 not? 3 A. Yes, that’s a fellow, yeah. 4 Q. Okay. Were you an employee of 5 The Brooklyn Hospital at that time? 6 A. As a fellow, as a fellow, yes. 7 Q. You got paid as a fellow 8 A. Yes. 9 Q. - to deliver care to patients, 10 correct? 11 A. Yes. 12 Q. And did you, in fact, deliver 13 care to Minel Johnson at some point in 2014 14 as part of your duties as a fellow employee 15 of the hospital? 16 A. Yes. 17 Q. Good. 18 MR. DOUGLAS: Let's mark this. 19 It was under my thumb. 20 Q. Where and when for the first 21 time, if we can combine those two 22 questions, did you first see Minel Johnson? 23 A. Can I refer to my note? 24 Q. Oh, yes. Now, let's be clear. 25 you appear to have just a few pages of the DIAMOND REPORTING (718) 624-7200 info@diamondreporting.com 10 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 148 RECEIVED NYSCEF: 04/21/2023 11 1 U. MISHRA, M.D. 2 hospital record in front of you; is that 3 correct? 4 A. Yes, yes. 5 Q- And have those pages been 6 intentionally selected because those are 7 the ones that pertain to you? 8 MS. SAPANARA: By counsel, yes. 9 Q. Okay. And let me invite you to 10 use any part of the hospital record that 11 will help you to answer my questions, and 12 you don't have to say. Looking at the 13 record, each time, you can just answer the 14 question, okay? 15 A. Sure. 16 Q. When did you first see Minel 17 Johnson and where was she? 18 A. May 3, 2014. 19 MS. SAPANARA: Where was she? 20 A.