Preview
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
EXHIBIT G
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
COPY
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
BERNARD FRASIER a/k/a BERNARD FRAZIER
and PATRICIA FRASIER,
Plaintiffs,
Index No.:
-against- 031788/2020
WILLIAMS, SILVER, M.D., ERIC L. TATAR, M.D.,
KENNETH S. SVENSSON, M.D., LISA N. HIRSCH, M.D.,
MITCHELL FRAIMAN, M.D., ESTATE OF NABIL SAYEGH,
M.D., SILVER & TATAR, HIGHLAND MEDICAL, P.C.,
HUDSON VALLEY MEDICAL ASSOCIATES, PLLC, CLARKSTOWN
UROLOGY, P.C., GOOD SAMARITAN HOSPITAL OF SUFFERN,
BON SECOURS CHARITY HEALTH SYSTEM INC., and BON
SECOURS CHARITY HEALTH SYSTEM GROUP, P.C., d/b/a
BON SECOURS UROLOGY -
SUFFERN,
Defendants.
_________________________________________Ç
Monday
March 21, 2022
11:12 a.m.
EXAMINATION BEFORE TRIAL of the
Plaintiff, BERNARD FRAISER, taken
pursuant to Court Order held via Zoom
on the 21st day of March 2022, before
a Notary Public of the State of New York.
ROCKLAND & ORANGE REPORTING
2 Congers Road, Suite 2
New City, New York 10956
(845) 634-4200
RocklandandOrangeReporting
rowork@courtreportingny.com-(845)634-4200
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
2
2 A P P E A R A N C E S:
(All parties via Zoom)
3
4 MEAGHER & MEAGHER, P.C.
Attorneys for Plaintiffs
5 111 Church Street
White Plains, New York 10601
6 BY: CHRISTOPHER MEAGHER, ESQ.
(914) 328-8844
7
8 ARCIERO, McMILLAN & BURGESS, P.C.
Attorneys for Defendants
9 WILLIAM S. SILVER, M.D., ERIC L.
TATAR, M.D., and SILVER & TATAR
10 299 Windsor Highway
New Windsor, New York 12553
11 BY: CRAIG BURGESS, ESQ.
(845) 420-7877
12
13 SHEELEY, LLP
Attorneys for Defendants
14 KENNETH SVENSSON, M.D., and
HIGHLAND MEDICAL, P.C.
15 100 Wall Street, 19th Floor
New York, New York 10005
16 BY: SCOTT SINGER, ESQ.
(646) 650-5952
17
18 VIGORITO, BARKER, PATTERSON, NICHOLS &
PORTER, LLP
19 Attorneys for Defendants
LISA N. HIRSCH, M.D., HUDSON VALLEY
20 MEDICAL ASSOCIATES, PLLC, GOOD
SAMARITAN HOSPITAL OF SUFFERN, BON
21 SECOURS CHARITY HEALTH SYSTEM, INC.,
and BON SECOURS CHARITY HEALTH SYSTEM
22 MEDICAL GROUP, P.C., d/b/a BON SECOURS
UROLOGY - SUFFERN
23 115 E. Stevens Avenue, Suite 206
Valhalla, New York 10595
24 BY: MICHAEL DIVEN, ESQ.
(914) 495-4805 Ext. 238
25
Rockland and Orange Reporting
rowork@courtreportingny.com - 634-4200
(845)
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
3
1
A P P E A R A N C E S:
2 (Continued)
(All parties via Zoom)
3
4 RIVKIN, RADLER, LLP
Attorneys for Defendant
5 MITCHELL FRAIMAN, M.D.
926 RXR Plaza
6 West Tower
Uniondale, New York 11556
7 BY: ERIC STROBER, ESQ.
(516) 357-3000
8
9
10 LAW OFFICE OF BENVENUTO & SLATTERY
Attorneys for Defendants
11 ESTATE OF NABIL SAYEGH, M.D., and
CLARKSTOWN UROLOGY, P.C.
12 1800 Northern Boulevard
Roslyn, New York 11576
13 BY: KENNETH KIM, ESQ.
(516) 277-4452
14
15
16
17 ALSO PRESENT: Patricia Fraiser
18
19
20
21
22
23
24
25
Rockland and Orange Reporting
rowork@courtreportingny.com-(845)634-4200
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
4
1 STIPULATIONS
2 IT IS HEREBY STIPULATED AND AGREED by and
3 between the attorneys for the respective parties
4 hereto, that:
5 All rights provided by the C.P.L.R., and Part 221
6 of the Uniform Rules for the Conduct of Depositions,
7 including the right to object to any question,
8 except as to form, or to move to strike any
9 testimony at this examination is reserved; and in
10 addition, the failure to object to any question or
11 to move to strike any testimony at this examination
12 shall not be a bar or waiver to make such motion
13 at, and is reserved to, the trial of this action.
14 This deposition may be sworn to by the witness
15 being examined before a Notary Public other than
16 the Notary Public before whom this examination was
17 begun, but the failure to do so or to return the
18 original of this deposition to counsel, shall not
19 be deemed a waiver of the rights provided by Rule
20 3116 of the C.P.L.R., and shall be controlled
21 thereby. The filing of the original of this
22 deposition is waived.
23 IT IS FURTHER STIPULATED that a copy of this
24 examination shall be furnished to the attorney for
25 the witness being examined without charge.
Rockland and Orange Reporting
rowork@courtreportingny.com - 634-4200
(845)
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
5
1 Bernard Fraiser
2 THE COURT REPORTER: Good morning. My
3 name is Kathryn Lebeau. I am the court
4 reporter for today's deposition.
5 Today's date is March 21st, 2022 and
6 the time is, approximately, 11:12 a.m.
7 This is the deposition of Bernard
8 Fraiser in the Matter of Bernard Frasier
9 a/k/a Bernard Frazier and Patricia Fraiser,
10 Plaintiffs, against William S. Silver,
11 M.D., et al, Defendants. This case is
12 venued in the Supreme Court of the State of
13 New York, County of Rockland. The Index
14 Number is 031788/2020.
15 Before we proceed, I will ask Counsel
16 to agree on the record that there is no
17 objection to this deposition officer
18 administering a binding oath to the witness
19 not appearing, personally, before me and
20 please indicate if you would like a copy of
21 the deposition transcript.
22 MR. MEAGHER: Plaintiff consents.
23 We'll be provided a copy by Defense
24 Counsel.
25 (Discussion held off the record.)
RocklandandOrangeReporting
rowork@courtreportingny.com-(845)634-4200
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
6
1 Bernard Fraiser
2 MR. STROBER: I consent and I would
3 like a copy of the transcript.
4 MR. SINGER: I consent and I would
5 like a copy of the transcript.
6 MR. DIVEN: I consent and would, also,
7 like a copy, please.
8 MR. KIM: I consent and I would like a
9 copy of the transcript, please.
10 THE COURT REPORTER: Thank you.
11 B E R N A R D F R A I S E R, the Plaintiff
12 herein via Zoom, having been first duly
13 sworn or affirmed by Kathryn Lebeau, a
14 Notary Public of the State of New York, was
15 examined and testified as follows:
16 THE COURT REPORTER: Please state
17 your name for the record.
18 THE WITNESS: Bernard Fraiser.
19 THE COURT REPORTER: Will you state
20 your present address.
21 THE WITNESS: 312 Seattle Slew Place,
22 Havre de Grace, Maryland 21078.
23 (Prior to the Examination Before
24 Trial, New Patient History Form from
25 Clarkstown Urology, P.C., dated
Rockland and Orange Reporting
rowork@courtreportingny.com - 634-4200
(845)
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
7
1 Bernard Fraiser
2 December 14 th, 2017, electronicall y
3 marked for identification.)
4 EXAMINATION BY
5 MR. BURGESS:
6 Q. Okay. Good morning, Mr. Fraiser.
7 My name is Craig Burgess. I'm with law firm of
8 Arciero, McMillan & Burgess and my firm
9 represents Dr. William Silver, Dr. Eric Tatar,
10 as well as Silver & Tatar, as indicated in the
11 caption with respect to this lawsuit.
12 Before I get started with my
13 questions, I just wanted to go through a few
14 ground rules to, hopefully, make the process, a
15 little smoother, especially, since we're doing
16 this deposition, virtually.
17 The court reporter can't type us,
18 both, speaking at the same time. Therefore,
19 I'll always let you get your answer out before I
20 start with another question, and, vice versa,
21 always let me get my question out before you
22 start to respond even if you know what I'm gonna
23 ask you; okay?
24 A. Yes.
25 Q. As the deposition's unfolding, you
Rockland and Orange Reporting
rowork@courtreportingny.com - 634-4200
(845)
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
8
1 Bernard Fraiser
2 have to give verbal responses. If you shake your
3 head or nod your head or make some form of gesture,
4 there's no way to record a nonverbal response. So,
5 please make your responses, verbal, and if you
6 forget, either myself, your attorney or the court
7 reporter will remind you; okay?
8 A. Yes.
9 Q. The third general rule is the most
10 important one. Nobody on this screen wants you to
11 answer any questions that you don't understand.
12 So, if you don't understand one of my questions,
13 please let me know that you didn't understand it,
14 don't answer that question and then we'll move on
15 from there; okay?
16 A. Yes.
17 Q. And, finally, this is not a marathon.
18 You can take as many breaks as you need, stretch
19 your legs, use the facilities, speak with your
20 attorney. I just ask that, before we take the
21 break, that you give a response to any open or
22 pending question; okay?
23 A. Yes.
24 Q. Now, again, we're doing this,
25 virtually. So, looking at you, it looks like to
RocklandandOrangeReporting
rowork@courtreportingny.com-(845)634-4200
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
9
1 Bernard Fraiser
2 your right that's your wife sitting next to you; is
3 that correct?
4 A. Yes.
5 Q. Is there anybody else in the room?
6 A. No.
7 Q. Is there anybody else in the home that
8 could hear your testimony?
9 A. No.
10 Q. Do you have a cell phone in front of
11 you?
12 A. Yes.
13 Q. Okay. I just ask that if you have the
14 cell phone in front of you, that you don't
15 communicate or text, e-mail, et cetera, with anyone
16 throughout the deposition; is that okay?
17 A. Yes.
18 MEAGHER: Except - except on
MR.
19 breaks where we intend to use that cell
20 phone. You understand that, Bernard?
21 THE WITNESS: Yes.
22 MR. MEAGHER: Excellent.
23 Thank you, Craig.
24 Q. Okay. So, Mr. Fraiser, what is the
25 correct spelling of your last name?
Rockland and Orange Reporting
rowork@courtreportingny.com - 634-4200
(845)
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
10
1 Bernard Fraiser
2 A. F-R-A-I-S-E-R.
3 Q. Just like it is on that screen there
4 where it says "Patty Fraiser"?
5 A. Yes.
6 Q. Okay. Have you gone by any other names
7 during your lifetime other than Bernard Fraiser, as
8 spelled on that screen, F-R-A-I-S-E-R?
9 A. No.
10 Q. And what is your date of birth? We're
11 gonna leave it, blank, in the transcript, but, for
12 the purposes of the deposition, what is your date
13 of birth?
14 A. X/XX/XX.
15 Q. And, earlier, you gave your address.
Let just -- just want look at the
16 me I to
17 Supplemental Bill of Particular that was, recently,
18 served. It's 312 Seattle Slew Place, Havre de
19 Grace, Maryland 21078; is that correct?
20 A. Correct.
21 Q. Okay. How long have you lived at that
22 address?
23 A. Uh, this May, will be a year.
24 Q. Okay. So, you've lived there since May
25 of 2021; is that correct?
RocklandandOrangeReporting
rowork@courtreportingny.com-(845)634-4200
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023
www.courtreportingny.com
11
1 Bernard Fraiser
2 A. Correct.
3 Q. And I assume your wife lives with you?
4 A. Yes.
5 Q. Anybody else live at that address with
6 you other than your wife?
7 A. Yeah, I have a son.
8 Q. All right. And what is your son's
9 name?
10 A. Isaiah Tyrell Fraiser.
11 Q. And how old is Isaiah?
12 A. Isaiah's 14. He'll be 15, April 6th.
13 Q. Is Mrs. Fraiser or Patty Fraiser
14 Isaiah's mother?
Preview
FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 EXHIBIT G FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com COPY SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND BERNARD FRASIER a/k/a BERNARD FRAZIER and PATRICIA FRASIER, Plaintiffs, Index No.: -against- 031788/2020 WILLIAMS, SILVER, M.D., ERIC L. TATAR, M.D., KENNETH S. SVENSSON, M.D., LISA N. HIRSCH, M.D., MITCHELL FRAIMAN, M.D., ESTATE OF NABIL SAYEGH, M.D., SILVER & TATAR, HIGHLAND MEDICAL, P.C., HUDSON VALLEY MEDICAL ASSOCIATES, PLLC, CLARKSTOWN UROLOGY, P.C., GOOD SAMARITAN HOSPITAL OF SUFFERN, BON SECOURS CHARITY HEALTH SYSTEM INC., and BON SECOURS CHARITY HEALTH SYSTEM GROUP, P.C., d/b/a BON SECOURS UROLOGY - SUFFERN, Defendants. _________________________________________Ç Monday March 21, 2022 11:12 a.m. EXAMINATION BEFORE TRIAL of the Plaintiff, BERNARD FRAISER, taken pursuant to Court Order held via Zoom on the 21st day of March 2022, before a Notary Public of the State of New York. ROCKLAND & ORANGE REPORTING 2 Congers Road, Suite 2 New City, New York 10956 (845) 634-4200 RocklandandOrangeReporting rowork@courtreportingny.com-(845)634-4200 FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 2 2 A P P E A R A N C E S: (All parties via Zoom) 3 4 MEAGHER & MEAGHER, P.C. Attorneys for Plaintiffs 5 111 Church Street White Plains, New York 10601 6 BY: CHRISTOPHER MEAGHER, ESQ. (914) 328-8844 7 8 ARCIERO, McMILLAN & BURGESS, P.C. Attorneys for Defendants 9 WILLIAM S. SILVER, M.D., ERIC L. TATAR, M.D., and SILVER & TATAR 10 299 Windsor Highway New Windsor, New York 12553 11 BY: CRAIG BURGESS, ESQ. (845) 420-7877 12 13 SHEELEY, LLP Attorneys for Defendants 14 KENNETH SVENSSON, M.D., and HIGHLAND MEDICAL, P.C. 15 100 Wall Street, 19th Floor New York, New York 10005 16 BY: SCOTT SINGER, ESQ. (646) 650-5952 17 18 VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP 19 Attorneys for Defendants LISA N. HIRSCH, M.D., HUDSON VALLEY 20 MEDICAL ASSOCIATES, PLLC, GOOD SAMARITAN HOSPITAL OF SUFFERN, BON 21 SECOURS CHARITY HEALTH SYSTEM, INC., and BON SECOURS CHARITY HEALTH SYSTEM 22 MEDICAL GROUP, P.C., d/b/a BON SECOURS UROLOGY - SUFFERN 23 115 E. Stevens Avenue, Suite 206 Valhalla, New York 10595 24 BY: MICHAEL DIVEN, ESQ. (914) 495-4805 Ext. 238 25 Rockland and Orange Reporting rowork@courtreportingny.com - 634-4200 (845) FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 3 1 A P P E A R A N C E S: 2 (Continued) (All parties via Zoom) 3 4 RIVKIN, RADLER, LLP Attorneys for Defendant 5 MITCHELL FRAIMAN, M.D. 926 RXR Plaza 6 West Tower Uniondale, New York 11556 7 BY: ERIC STROBER, ESQ. (516) 357-3000 8 9 10 LAW OFFICE OF BENVENUTO & SLATTERY Attorneys for Defendants 11 ESTATE OF NABIL SAYEGH, M.D., and CLARKSTOWN UROLOGY, P.C. 12 1800 Northern Boulevard Roslyn, New York 11576 13 BY: KENNETH KIM, ESQ. (516) 277-4452 14 15 16 17 ALSO PRESENT: Patricia Fraiser 18 19 20 21 22 23 24 25 Rockland and Orange Reporting rowork@courtreportingny.com-(845)634-4200 FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 4 1 STIPULATIONS 2 IT IS HEREBY STIPULATED AND AGREED by and 3 between the attorneys for the respective parties 4 hereto, that: 5 All rights provided by the C.P.L.R., and Part 221 6 of the Uniform Rules for the Conduct of Depositions, 7 including the right to object to any question, 8 except as to form, or to move to strike any 9 testimony at this examination is reserved; and in 10 addition, the failure to object to any question or 11 to move to strike any testimony at this examination 12 shall not be a bar or waiver to make such motion 13 at, and is reserved to, the trial of this action. 14 This deposition may be sworn to by the witness 15 being examined before a Notary Public other than 16 the Notary Public before whom this examination was 17 begun, but the failure to do so or to return the 18 original of this deposition to counsel, shall not 19 be deemed a waiver of the rights provided by Rule 20 3116 of the C.P.L.R., and shall be controlled 21 thereby. The filing of the original of this 22 deposition is waived. 23 IT IS FURTHER STIPULATED that a copy of this 24 examination shall be furnished to the attorney for 25 the witness being examined without charge. Rockland and Orange Reporting rowork@courtreportingny.com - 634-4200 (845) FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 5 1 Bernard Fraiser 2 THE COURT REPORTER: Good morning. My 3 name is Kathryn Lebeau. I am the court 4 reporter for today's deposition. 5 Today's date is March 21st, 2022 and 6 the time is, approximately, 11:12 a.m. 7 This is the deposition of Bernard 8 Fraiser in the Matter of Bernard Frasier 9 a/k/a Bernard Frazier and Patricia Fraiser, 10 Plaintiffs, against William S. Silver, 11 M.D., et al, Defendants. This case is 12 venued in the Supreme Court of the State of 13 New York, County of Rockland. The Index 14 Number is 031788/2020. 15 Before we proceed, I will ask Counsel 16 to agree on the record that there is no 17 objection to this deposition officer 18 administering a binding oath to the witness 19 not appearing, personally, before me and 20 please indicate if you would like a copy of 21 the deposition transcript. 22 MR. MEAGHER: Plaintiff consents. 23 We'll be provided a copy by Defense 24 Counsel. 25 (Discussion held off the record.) RocklandandOrangeReporting rowork@courtreportingny.com-(845)634-4200 FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 6 1 Bernard Fraiser 2 MR. STROBER: I consent and I would 3 like a copy of the transcript. 4 MR. SINGER: I consent and I would 5 like a copy of the transcript. 6 MR. DIVEN: I consent and would, also, 7 like a copy, please. 8 MR. KIM: I consent and I would like a 9 copy of the transcript, please. 10 THE COURT REPORTER: Thank you. 11 B E R N A R D F R A I S E R, the Plaintiff 12 herein via Zoom, having been first duly 13 sworn or affirmed by Kathryn Lebeau, a 14 Notary Public of the State of New York, was 15 examined and testified as follows: 16 THE COURT REPORTER: Please state 17 your name for the record. 18 THE WITNESS: Bernard Fraiser. 19 THE COURT REPORTER: Will you state 20 your present address. 21 THE WITNESS: 312 Seattle Slew Place, 22 Havre de Grace, Maryland 21078. 23 (Prior to the Examination Before 24 Trial, New Patient History Form from 25 Clarkstown Urology, P.C., dated Rockland and Orange Reporting rowork@courtreportingny.com - 634-4200 (845) FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 7 1 Bernard Fraiser 2 December 14 th, 2017, electronicall y 3 marked for identification.) 4 EXAMINATION BY 5 MR. BURGESS: 6 Q. Okay. Good morning, Mr. Fraiser. 7 My name is Craig Burgess. I'm with law firm of 8 Arciero, McMillan & Burgess and my firm 9 represents Dr. William Silver, Dr. Eric Tatar, 10 as well as Silver & Tatar, as indicated in the 11 caption with respect to this lawsuit. 12 Before I get started with my 13 questions, I just wanted to go through a few 14 ground rules to, hopefully, make the process, a 15 little smoother, especially, since we're doing 16 this deposition, virtually. 17 The court reporter can't type us, 18 both, speaking at the same time. Therefore, 19 I'll always let you get your answer out before I 20 start with another question, and, vice versa, 21 always let me get my question out before you 22 start to respond even if you know what I'm gonna 23 ask you; okay? 24 A. Yes. 25 Q. As the deposition's unfolding, you Rockland and Orange Reporting rowork@courtreportingny.com - 634-4200 (845) FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 8 1 Bernard Fraiser 2 have to give verbal responses. If you shake your 3 head or nod your head or make some form of gesture, 4 there's no way to record a nonverbal response. So, 5 please make your responses, verbal, and if you 6 forget, either myself, your attorney or the court 7 reporter will remind you; okay? 8 A. Yes. 9 Q. The third general rule is the most 10 important one. Nobody on this screen wants you to 11 answer any questions that you don't understand. 12 So, if you don't understand one of my questions, 13 please let me know that you didn't understand it, 14 don't answer that question and then we'll move on 15 from there; okay? 16 A. Yes. 17 Q. And, finally, this is not a marathon. 18 You can take as many breaks as you need, stretch 19 your legs, use the facilities, speak with your 20 attorney. I just ask that, before we take the 21 break, that you give a response to any open or 22 pending question; okay? 23 A. Yes. 24 Q. Now, again, we're doing this, 25 virtually. So, looking at you, it looks like to RocklandandOrangeReporting rowork@courtreportingny.com-(845)634-4200 FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 9 1 Bernard Fraiser 2 your right that's your wife sitting next to you; is 3 that correct? 4 A. Yes. 5 Q. Is there anybody else in the room? 6 A. No. 7 Q. Is there anybody else in the home that 8 could hear your testimony? 9 A. No. 10 Q. Do you have a cell phone in front of 11 you? 12 A. Yes. 13 Q. Okay. I just ask that if you have the 14 cell phone in front of you, that you don't 15 communicate or text, e-mail, et cetera, with anyone 16 throughout the deposition; is that okay? 17 A. Yes. 18 MEAGHER: Except - except on MR. 19 breaks where we intend to use that cell 20 phone. You understand that, Bernard? 21 THE WITNESS: Yes. 22 MR. MEAGHER: Excellent. 23 Thank you, Craig. 24 Q. Okay. So, Mr. Fraiser, what is the 25 correct spelling of your last name? Rockland and Orange Reporting rowork@courtreportingny.com - 634-4200 (845) FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 10 1 Bernard Fraiser 2 A. F-R-A-I-S-E-R. 3 Q. Just like it is on that screen there 4 where it says "Patty Fraiser"? 5 A. Yes. 6 Q. Okay. Have you gone by any other names 7 during your lifetime other than Bernard Fraiser, as 8 spelled on that screen, F-R-A-I-S-E-R? 9 A. No. 10 Q. And what is your date of birth? We're 11 gonna leave it, blank, in the transcript, but, for 12 the purposes of the deposition, what is your date 13 of birth? 14 A. X/XX/XX. 15 Q. And, earlier, you gave your address. Let just -- just want look at the 16 me I to 17 Supplemental Bill of Particular that was, recently, 18 served. It's 312 Seattle Slew Place, Havre de 19 Grace, Maryland 21078; is that correct? 20 A. Correct. 21 Q. Okay. How long have you lived at that 22 address? 23 A. Uh, this May, will be a year. 24 Q. Okay. So, you've lived there since May 25 of 2021; is that correct? RocklandandOrangeReporting rowork@courtreportingny.com-(845)634-4200 FILED: ROCKLAND COUNTY CLERK 05/24/2023 05:17 PM INDEX NO. 031788/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 05/24/2023 www.courtreportingny.com 11 1 Bernard Fraiser 2 A. Correct. 3 Q. And I assume your wife lives with you? 4 A. Yes. 5 Q. Anybody else live at that address with 6 you other than your wife? 7 A. Yeah, I have a son. 8 Q. All right. And what is your son's 9 name? 10 A. Isaiah Tyrell Fraiser. 11 Q. And how old is Isaiah? 12 A. Isaiah's 14. He'll be 15, April 6th. 13 Q. Is Mrs. Fraiser or Patty Fraiser 14 Isaiah's mother?