Preview
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
THOMAS J. BURKE
MICHAEL G. CONWAY
LAW OFFICES
MARC E. STIEFELD OF
ASHLEY ARCURI BURKE, CONWAY & STIEFELD
DAVID M. BERKLEY
MELISSA D. BRODER Employees of Liberty Mutual Group, Inc.
NICOLE M. BYNUM - OFFICE MANAGER
CHI WAI CHUCK CHANG
10 BANK STREET SUITE 1200
JANET M. TAKACS
MICHELLE DUNLEAVY
CHIKODI E. EMERENINI
WHITE PLAINS, NEW YORK 19606
CYNTMA K. FICHERA PHONE: 914-997-8100
ROBERT GROSS
ASHER GROSSMAN
ERIN GROVER E-SERVICE:
JAYNE F. MONAHAN kg!dlandifDgrtynmiuaLynm
SAMI P. NASSER EFax: 603-334-9706
KATHLEEN SCALLEY PLEASE BE ADVISED THAT WE ARE NOW ACCEPTING E-SERVICE
Nicholas Giordano, Esquire
Direct Dial: (212) 709-3160
AuguSt 10, 2021
Via Ernail: Elizabeth@2125lawoffices.com
Law Office of Alexander Umansky
954 Gerard Ave
Bronx, NY 10452
Re: Matter Of Gilmore, Shanayia;
Claim# LA275-045760282-0005
Dear Counselor(S):
EncloSed herewith, please find an original and a copy of the testimony given by your
client at the examination under oath in the above matter.
PleaSe have your client execute the original and then return to us as Soon as poSSible,
retaining the copy for your file.
PleaSe take notice, that failure to return the Signed tranScript within 60 dayS will permit
our uSe of the deposition at trial aS if signed, pursuant to CPLR 3116(a).
Very truly yourS,
BURKE, CONWAY & STIEFELD
NicholaS Giordano
NG/ka
EncloSure
* A LEGAL OFFICE OF LIBERTY MUTUAL INSURANCE GROUP
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
From: Allen, Keith
Sent: Tuesday, August 10, 2021 4:26 PM
To: ImagingMid
Subject: FW: Matter Of Gilmore, Shanayia LA275-045760282-0005
Attachments: Gilmore, Shanayia Transcript.pdf; EUO_ Claimant Attorney Tr]- Gilmore, Shanayia.pdf
Keith Allen
Legal Secretary-White Plains Legal
Burke, Conway & Stiefeld
Employees of Liberty Mutual Group, Inc.
10 Bank Street, Suite 1200
White Plains, New York 10606
Main Office Tel: (914) 997-8100
Direct dial: (914) 323-3615
Fax: (603)334-7461
Keith.Allen02@libertymutual.com
** Please be advised this office is now a paperless environment **
Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to
our office via:
Email to: BCLDLaw@LibertyMutual.com
Fax: 603-334-9706
As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method
to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive
deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send
something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your
correspondence in a timely manner.
As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office
Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do
not hesitate to call.
This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments
thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and
via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any
printout thereof.
From: Allen, Keith
Sent: Tuesday, August 10, 2021 4:24 PM
To: Elizabeth@2125lawoffices.com
Cc: Giordano, Nicholas
Subject: Matter Of Gilmore, Shanayia LA275‐045760282‐0005
Please see the attached transcript for execution.
Thanks.
1
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
Keith Allen
Legal Secretary-White Plains Legal
Burke, Conway & Stiefeld
Employees of Liberty Mutual Group, Inc.
10 Bank Street, Suite 1200
White Plains, New York 10606
Main Office Tel: (914) 997-8100
Direct dial: (914) 323-3615
Fax: (603)334-7461
Keith.Allen02@libertymutual.com
** Please be advised this office is now a paperless environment **
Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to
our office via:
Email to: BCLDLaw@LibertyMutual.com
Fax: 603-334-9706
As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method
to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive
deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send
something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your
correspondence in a timely manner.
As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office
Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do
not hesitate to call.
This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments
thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and
via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any
printout thereof.
2
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
THOMAS J. BURKE
MICHAEL G. CONWAY LAW OFFICES
MARC E. STIEFELD OF
ASHLEY ARCURI BURKE, CONWAY & STIEFELD
DAVID M. BERKLEY
MELISSA D. BRODER Employees of Liberty Mutual Group, Inc.
NICOLE M. BYNUM OFFICE MANAGER
CHI WAI CHUCK CHANG 10 BANK STREET – SUITE 1200 JANET M. TAKACS
MICHELLE DUNLEAVY
CHIKODI E. EMERENINI
WHITE PLAINS, NEW YORK 10606
CYNTHIA K. FICHERA PHONE: 914-997-8100
ROBERT GROSS
ASHER GROSSMAN
ERIN GROVER E-SERVICE:
JAYNE F. MONAHAN bcldlaw@libertymutual.com
SAMI P. NASSER EFax: 603-334-9706
KATHLEEN SCALLEY PLEASE BE ADVISED THAT WE ARE NOW ACCEPTING E-SERVICE
Nicholas Giordano, Esquire
Direct Dial: (212) 709-3160
September 13, 2021
Via Email: Elizabeth@2125lawoffices.com
Law Office of Alexander Umansky
954 Gerard Ave
Bronx, NY 10452
Re: Matter Of Gilmore, Shanayia;
Claim# LA275-045760282-0005
Dear Counselor(s):
Enclosed herewith, please find an original and a copy of the testimony given by your
client at the examination under oath in the above matter.
Please have your client execute the original and then return to us as soon as possible,
retaining the copy for your file.
Please take notice, that failure to return the signed transcript within 60 days will permit
our use of the deposition at trial as if signed, pursuant to CPLR 3116(a).
Very truly yours,
BURKE, CONWAY & STIEFELD
Nicholas Giordano
NG/ka
Enclosure
* A LEGAL OFFICE OF LIBERTY MUTUAL INSURANCE GROUP
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
From: Allen, Keith
Sent: Monday, September 13, 2021 12:43 PM
To: 'LegalNavUpload@LibertyMutual.com'
Subject: FW: Matter Of Gilmore, Shanayia LA275-045760282-0005
Attachments: SIU EUO_ Claimant Attorney Tr]- Gilmore, Shanyia.pdf; 14170.pdf
Keith Allen
Legal Secretary-White Plains Legal
Burke, Conway & Stiefeld
Employees of Liberty Mutual Group, Inc.
10 Bank Street, Suite 1200
White Plains, New York 10606
Main Office Tel: (914) 997-8100
Direct dial: (914) 323-3615
Fax: (603)334-7461
Keith.Allen02@libertymutual.com
** Please be advised this office is now a paperless environment **
Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to
our office via:
Email to: BCLDLaw@LibertyMutual.com
Fax: 603-334-9706
As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method
to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive
deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send
something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your
correspondence in a timely manner.
As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office
Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do
not hesitate to call.
This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments
thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and
via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any
printout thereof.
From: Allen, Keith
Sent: Monday, September 13, 2021 12:43 PM
To: Elizabeth@2125lawoffices.com
Cc: Giordano, Nicholas
Subject: Matter Of Gilmore, Shanayia LA275‐045760282‐0005
Please see the attached transcript for execution.
Thanks.
1
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
Keith Allen
Legal Secretary-White Plains Legal
Burke, Conway & Stiefeld
Employees of Liberty Mutual Group, Inc.
10 Bank Street, Suite 1200
White Plains, New York 10606
Main Office Tel: (914) 997-8100
Direct dial: (914) 323-3615
Fax: (603)334-7461
Keith.Allen02@libertymutual.com
** Please be advised this office is now a paperless environment **
Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to
our office via:
Email to: BCLDLaw@LibertyMutual.com
Fax: 603-334-9706
As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method
to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive
deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send
something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your
correspondence in a timely manner.
As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office
Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do
not hesitate to call.
This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments
thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and
via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any
printout thereof.
2
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
Examination Under Oath of:
SHANAYIA GILMORE
LIBERTY MUTUAL INSURANCE COMPANY
CLAIM NUMBER: LA275-045760282-0005
DOL: 5/14/2021
________________________________________________Ç
July 9, 2021
2:10 p.m.
EXAMINATION UNDER OATH of SHANAYIA GILMORE,
the witness herein, taken by the attorney for
Liberty Mutual Insurance Company, held at the
above time and place before Maria Lemmo, a
Stenotype Reporter and Notary Public within and
for the State of New York.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
2
1 A P P E A R A N C E S :
2
3 BURKE, CONWAY & STIEFELD, ESQS.
Attorneys for Liberty Mutual Insurance Company
4 10 Bank Street, Suite 1200
White Plains, New York 10606
5
BY: NICHOLAS GIORDANO, ESQ.
6
7 ALEXANDER UMANSKY, ESQS.
Attorney for Shanayia Gilmore
8 2125 Center Avenue, Suite 608
Fort Lee, New Jersey 07024
9
BY: MILANA ABRAMOV, Paralegal
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
..
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
3
1 S H A N A Y I A G I L M O R E,
2 the witness herein, having first been duly sworn
3 by Maria Lemmo, a Notary Public in and for the
4 State of New York, was examined and testified as
5 follows:
6 EXAMINATION BY
7 NICHOLAS GIORDANO, ESQ.:
8 Q. What is your name, please?
9 A. Shanayia Marie Gilmore.
10 Q. Where do you currently reside?
11 A. 2125 Randall Avenue, Apartment 6M,
12 Bronx, New York 10473.
13 Q. Good afternoon, Ms. Gilmore. Are you
14 able to hear me?
15 A. Yes.
16 Q. My name is Nicholas Giordano. I am of
17 counsel to the law firm of Burke, Conway and
18 Stiefeld. I represent Liberty Mutual and Safeco
19 Insurance Company with regard to a claim that
20 was brought as a result of an accident that took
21 place in May of 2021.
22 Today I'm going to be asking you some
23 questions regarding the day of that accident,
24 some background questions about yourself and that
25 insurance policy and some questions regarding any
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
4
1 medical treatment you received after this
2 incident.
3 Before we get started though, I'd like to go
4 over some ground rules and instructions to make
5 this as smooth as possible. First and foremost
6 is, if you do not hear me or do not understand my
7 question, please let me know. I'm happy to
8 re-ask or rephrase the question for you until you
9 can understand it and give an answer. It's
10 important that you do this, because if you give us
11 an answer, I will assume that you heard and
12 understood the question; fair enough?
13 A. Yes.
14 Q. As you can see, we have a court reporter
15 here with us today. Madam court reporter is
16 very, very good at what she does, but she cannot
17 take down both of us talking at the same time.
18 So I ask that you let me finish giving you a
19 question and I will let you finish giving me an
20 answer before I give you another question, okay?
21 A. Okay.
22 Q. You're doing a great job of this, but as
23 we go forward, for everybody's sake, please speak
24 loudly and clearly. Also, keep all your answers
25 verbal. Madam reporter is not going to be able
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
5
1 to take down waving hands, flailing, grunting
2 noises like uh-huh. None of that's going to come
3 out. So just whatever the answer is, just keep
4 it verbal, okay?
5 A. Okay.
6 Q. Do you understand now that you are under
7 oath and since you are under oath, you have sworn
8 to tell the truth as if you were in court?
9 A. Yes.
10 Q. Do you also understand that your
11 insurance policy states that if a claim is being
12 brought for coverage, then you must cooperate
13 with us in matters concerning that claim?
14 A. Yes.
15 Q. If you need to take a break at any time,
16 whether to use the restroom or for any reason, we
17 can take a break. I just ask that if there's a
18 pending question on the table that you answer the
19 question before we take a break, okay?
20 A. Okay.
21 Q. Are you currently under the influence of
22 any drugs or alcohol or any impaired mental state
23 that might affect your ability to testify?
24 A. Nope.
25 Q. Have you taken any medications today?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
6
1 A. No.
2 Q. Once again, you gave your full name as
3 Shanayia Marie Gilmore; is that correct?
4 A. Yes.
5 Q. Have you ever been known by any other
6 names?
7 A. No.
8 Q. I'm going to ask that you give me your
9 full date of birth, but we're only going to put
10 the year down on the record.
11 A. XX-XX-1990.
12 Q. Where were you born, ma'am?
13 A. Albany, New York.
14 Q. Is it fair to assume that you are a
15 United States citizen?
16 A. Yes.
17 Q. I'm going to ask that you give your full
18 Social Security number, but we're not going to
19 put it into the record.
20 A. XXX-XX-XXXX.
21 Q. Do you have a driver's license?
22 A. No. I have a learner's permit.
23 Q. What state issued your learner's permit?
24 A. New York.
25 Q. Although you may not have a driver's
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
7
1 license now, have you ever had a driver's
2 license?
3 A. No.
4 Q. When did you first obtain a learner's
5 permit?
6 A. I believe it was March. I don't
7 remember the exact date, March 2020.
8 Q. Do you by chance have your permit with
9 you today?
10 A. Yes.
11 Q. I'd ask that you take it out. I'm going
12 to ask you to hold it up to the camera, and I'm
13 going to ask you a couple of questions about it.
14 A. Okay.
15 Q. Is it possible to move it a little
16 closer to your camera, please?
17 A. Can you see it?
18 Q. Yes. It's a little difficult to see
19 over video. I'll ask you to read me the
20 identification number?
21 A. 797749514.
22 Q. What address is listed on your permit?
23 A. 2125 Randall Avenue, Apartment 1B, as in
24 boy, Bronx, New York 10473.
25 Q. When was that permit issued to you?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
8
1 A. When was the permit issued to me?
2 Q. Correct. There should be an issue date.
3 A. March 9, 2020.
4 Q. Did we lose you, ma'am?
5 A. No, I'm still here.
6 Q. Is it possible to turn your camera back
7 on so that we can see you?
8 A. Yes.
9 Q. Have you ever been in the military?
10 A. No.
11 Q. I mean no offense by this question, I
12 ask it of everyone. Have you ever been convicted
13 of a crime?
14 A. Yes.
15 Q. When were you convicted of a crime?
16 A. When?
17 Q. Yes.
18 A. This was like 2013.
19 Q. Of what crime were you convicted?
-- forgot the exact
20 A. It was a drug I what
21 charge was, but it was drug affiliated.
22 Q. Were you incarcerated at all?
23 A. Just for a couple of hours. That was
24 it.
25 Q. Do you currently receive any
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023
9
1 governmental benefits such as cash allowance,
2 food stamps, Social Security, anything like that?
3 A. I get food stamps.
4 Q. How do you receive the food stamps? Is
5 it put on a card, is there something mailed to
6 yo
Preview
FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 THOMAS J. BURKE MICHAEL G. CONWAY LAW OFFICES MARC E. STIEFELD OF ASHLEY ARCURI BURKE, CONWAY & STIEFELD DAVID M. BERKLEY MELISSA D. BRODER Employees of Liberty Mutual Group, Inc. NICOLE M. BYNUM - OFFICE MANAGER CHI WAI CHUCK CHANG 10 BANK STREET SUITE 1200 JANET M. TAKACS MICHELLE DUNLEAVY CHIKODI E. EMERENINI WHITE PLAINS, NEW YORK 19606 CYNTMA K. FICHERA PHONE: 914-997-8100 ROBERT GROSS ASHER GROSSMAN ERIN GROVER E-SERVICE: JAYNE F. MONAHAN kg!dlandifDgrtynmiuaLynm SAMI P. NASSER EFax: 603-334-9706 KATHLEEN SCALLEY PLEASE BE ADVISED THAT WE ARE NOW ACCEPTING E-SERVICE Nicholas Giordano, Esquire Direct Dial: (212) 709-3160 AuguSt 10, 2021 Via Ernail: Elizabeth@2125lawoffices.com Law Office of Alexander Umansky 954 Gerard Ave Bronx, NY 10452 Re: Matter Of Gilmore, Shanayia; Claim# LA275-045760282-0005 Dear Counselor(S): EncloSed herewith, please find an original and a copy of the testimony given by your client at the examination under oath in the above matter. PleaSe have your client execute the original and then return to us as Soon as poSSible, retaining the copy for your file. PleaSe take notice, that failure to return the Signed tranScript within 60 dayS will permit our uSe of the deposition at trial aS if signed, pursuant to CPLR 3116(a). Very truly yourS, BURKE, CONWAY & STIEFELD NicholaS Giordano NG/ka EncloSure * A LEGAL OFFICE OF LIBERTY MUTUAL INSURANCE GROUP FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 From: Allen, Keith Sent: Tuesday, August 10, 2021 4:26 PM To: ImagingMid Subject: FW: Matter Of Gilmore, Shanayia LA275-045760282-0005 Attachments: Gilmore, Shanayia Transcript.pdf; EUO_ Claimant Attorney Tr]- Gilmore, Shanayia.pdf Keith Allen Legal Secretary-White Plains Legal Burke, Conway & Stiefeld Employees of Liberty Mutual Group, Inc. 10 Bank Street, Suite 1200 White Plains, New York 10606 Main Office Tel: (914) 997-8100 Direct dial: (914) 323-3615 Fax: (603)334-7461 Keith.Allen02@libertymutual.com ** Please be advised this office is now a paperless environment ** Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to our office via: Email to: BCLDLaw@LibertyMutual.com Fax: 603-334-9706 As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your correspondence in a timely manner. As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do not hesitate to call. This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any printout thereof. From: Allen, Keith Sent: Tuesday, August 10, 2021 4:24 PM To: Elizabeth@2125lawoffices.com Cc: Giordano, Nicholas Subject: Matter Of Gilmore, Shanayia LA275‐045760282‐0005 Please see the attached transcript for execution. Thanks. 1 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 Keith Allen Legal Secretary-White Plains Legal Burke, Conway & Stiefeld Employees of Liberty Mutual Group, Inc. 10 Bank Street, Suite 1200 White Plains, New York 10606 Main Office Tel: (914) 997-8100 Direct dial: (914) 323-3615 Fax: (603)334-7461 Keith.Allen02@libertymutual.com ** Please be advised this office is now a paperless environment ** Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to our office via: Email to: BCLDLaw@LibertyMutual.com Fax: 603-334-9706 As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your correspondence in a timely manner. As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do not hesitate to call. This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any printout thereof. 2 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 THOMAS J. BURKE MICHAEL G. CONWAY LAW OFFICES MARC E. STIEFELD OF ASHLEY ARCURI BURKE, CONWAY & STIEFELD DAVID M. BERKLEY MELISSA D. BRODER Employees of Liberty Mutual Group, Inc. NICOLE M. BYNUM OFFICE MANAGER CHI WAI CHUCK CHANG 10 BANK STREET – SUITE 1200 JANET M. TAKACS MICHELLE DUNLEAVY CHIKODI E. EMERENINI WHITE PLAINS, NEW YORK 10606 CYNTHIA K. FICHERA PHONE: 914-997-8100 ROBERT GROSS ASHER GROSSMAN ERIN GROVER E-SERVICE: JAYNE F. MONAHAN bcldlaw@libertymutual.com SAMI P. NASSER EFax: 603-334-9706 KATHLEEN SCALLEY PLEASE BE ADVISED THAT WE ARE NOW ACCEPTING E-SERVICE Nicholas Giordano, Esquire Direct Dial: (212) 709-3160 September 13, 2021 Via Email: Elizabeth@2125lawoffices.com Law Office of Alexander Umansky 954 Gerard Ave Bronx, NY 10452 Re: Matter Of Gilmore, Shanayia; Claim# LA275-045760282-0005 Dear Counselor(s): Enclosed herewith, please find an original and a copy of the testimony given by your client at the examination under oath in the above matter. Please have your client execute the original and then return to us as soon as possible, retaining the copy for your file. Please take notice, that failure to return the signed transcript within 60 days will permit our use of the deposition at trial as if signed, pursuant to CPLR 3116(a). Very truly yours, BURKE, CONWAY & STIEFELD Nicholas Giordano NG/ka Enclosure * A LEGAL OFFICE OF LIBERTY MUTUAL INSURANCE GROUP FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 From: Allen, Keith Sent: Monday, September 13, 2021 12:43 PM To: 'LegalNavUpload@LibertyMutual.com' Subject: FW: Matter Of Gilmore, Shanayia LA275-045760282-0005 Attachments: SIU EUO_ Claimant Attorney Tr]- Gilmore, Shanyia.pdf; 14170.pdf Keith Allen Legal Secretary-White Plains Legal Burke, Conway & Stiefeld Employees of Liberty Mutual Group, Inc. 10 Bank Street, Suite 1200 White Plains, New York 10606 Main Office Tel: (914) 997-8100 Direct dial: (914) 323-3615 Fax: (603)334-7461 Keith.Allen02@libertymutual.com ** Please be advised this office is now a paperless environment ** Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to our office via: Email to: BCLDLaw@LibertyMutual.com Fax: 603-334-9706 As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your correspondence in a timely manner. As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do not hesitate to call. This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any printout thereof. From: Allen, Keith Sent: Monday, September 13, 2021 12:43 PM To: Elizabeth@2125lawoffices.com Cc: Giordano, Nicholas Subject: Matter Of Gilmore, Shanayia LA275‐045760282‐0005 Please see the attached transcript for execution. Thanks. 1 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 Keith Allen Legal Secretary-White Plains Legal Burke, Conway & Stiefeld Employees of Liberty Mutual Group, Inc. 10 Bank Street, Suite 1200 White Plains, New York 10606 Main Office Tel: (914) 997-8100 Direct dial: (914) 323-3615 Fax: (603)334-7461 Keith.Allen02@libertymutual.com ** Please be advised this office is now a paperless environment ** Effective immediately and for an indeterminate period of time, please forward ALL documents, pleading, etc. to our office via: Email to: BCLDLaw@LibertyMutual.com Fax: 603-334-9706 As a result of mail issues that may develop in light of growing concerns over COVID-19, our preferred method to receive all new mail is via email or fax. Given the potential uncertainty surrounding our ability to receive deliveries from the Post Office, UPS, FedEx and/or independent courier services, if you choose to send something to us via one of these methods, we cannot guarantee that we will receive and be able to reply to your correspondence in a timely manner. As indicated above, please send all documents via email or fax. In addition, kindly provide us with your Office Email address for E-Service. We appreciate your assistance and if you have any questions/concerns please do not hesitate to call. This e-mail, and any attachments thereto, is intended for the use of the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me via return e-mail and via telephone at (914) 323-3615 and permanently delete the original and any copy of any e-mail and any printout thereof. 2 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 Examination Under Oath of: SHANAYIA GILMORE LIBERTY MUTUAL INSURANCE COMPANY CLAIM NUMBER: LA275-045760282-0005 DOL: 5/14/2021 ________________________________________________Ç July 9, 2021 2:10 p.m. EXAMINATION UNDER OATH of SHANAYIA GILMORE, the witness herein, taken by the attorney for Liberty Mutual Insurance Company, held at the above time and place before Maria Lemmo, a Stenotype Reporter and Notary Public within and for the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 2 1 A P P E A R A N C E S : 2 3 BURKE, CONWAY & STIEFELD, ESQS. Attorneys for Liberty Mutual Insurance Company 4 10 Bank Street, Suite 1200 White Plains, New York 10606 5 BY: NICHOLAS GIORDANO, ESQ. 6 7 ALEXANDER UMANSKY, ESQS. Attorney for Shanayia Gilmore 8 2125 Center Avenue, Suite 608 Fort Lee, New Jersey 07024 9 BY: MILANA ABRAMOV, Paralegal 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 3 1 S H A N A Y I A G I L M O R E, 2 the witness herein, having first been duly sworn 3 by Maria Lemmo, a Notary Public in and for the 4 State of New York, was examined and testified as 5 follows: 6 EXAMINATION BY 7 NICHOLAS GIORDANO, ESQ.: 8 Q. What is your name, please? 9 A. Shanayia Marie Gilmore. 10 Q. Where do you currently reside? 11 A. 2125 Randall Avenue, Apartment 6M, 12 Bronx, New York 10473. 13 Q. Good afternoon, Ms. Gilmore. Are you 14 able to hear me? 15 A. Yes. 16 Q. My name is Nicholas Giordano. I am of 17 counsel to the law firm of Burke, Conway and 18 Stiefeld. I represent Liberty Mutual and Safeco 19 Insurance Company with regard to a claim that 20 was brought as a result of an accident that took 21 place in May of 2021. 22 Today I'm going to be asking you some 23 questions regarding the day of that accident, 24 some background questions about yourself and that 25 insurance policy and some questions regarding any 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 4 1 medical treatment you received after this 2 incident. 3 Before we get started though, I'd like to go 4 over some ground rules and instructions to make 5 this as smooth as possible. First and foremost 6 is, if you do not hear me or do not understand my 7 question, please let me know. I'm happy to 8 re-ask or rephrase the question for you until you 9 can understand it and give an answer. It's 10 important that you do this, because if you give us 11 an answer, I will assume that you heard and 12 understood the question; fair enough? 13 A. Yes. 14 Q. As you can see, we have a court reporter 15 here with us today. Madam court reporter is 16 very, very good at what she does, but she cannot 17 take down both of us talking at the same time. 18 So I ask that you let me finish giving you a 19 question and I will let you finish giving me an 20 answer before I give you another question, okay? 21 A. Okay. 22 Q. You're doing a great job of this, but as 23 we go forward, for everybody's sake, please speak 24 loudly and clearly. Also, keep all your answers 25 verbal. Madam reporter is not going to be able 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 5 1 to take down waving hands, flailing, grunting 2 noises like uh-huh. None of that's going to come 3 out. So just whatever the answer is, just keep 4 it verbal, okay? 5 A. Okay. 6 Q. Do you understand now that you are under 7 oath and since you are under oath, you have sworn 8 to tell the truth as if you were in court? 9 A. Yes. 10 Q. Do you also understand that your 11 insurance policy states that if a claim is being 12 brought for coverage, then you must cooperate 13 with us in matters concerning that claim? 14 A. Yes. 15 Q. If you need to take a break at any time, 16 whether to use the restroom or for any reason, we 17 can take a break. I just ask that if there's a 18 pending question on the table that you answer the 19 question before we take a break, okay? 20 A. Okay. 21 Q. Are you currently under the influence of 22 any drugs or alcohol or any impaired mental state 23 that might affect your ability to testify? 24 A. Nope. 25 Q. Have you taken any medications today? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 6 1 A. No. 2 Q. Once again, you gave your full name as 3 Shanayia Marie Gilmore; is that correct? 4 A. Yes. 5 Q. Have you ever been known by any other 6 names? 7 A. No. 8 Q. I'm going to ask that you give me your 9 full date of birth, but we're only going to put 10 the year down on the record. 11 A. XX-XX-1990. 12 Q. Where were you born, ma'am? 13 A. Albany, New York. 14 Q. Is it fair to assume that you are a 15 United States citizen? 16 A. Yes. 17 Q. I'm going to ask that you give your full 18 Social Security number, but we're not going to 19 put it into the record. 20 A. XXX-XX-XXXX. 21 Q. Do you have a driver's license? 22 A. No. I have a learner's permit. 23 Q. What state issued your learner's permit? 24 A. New York. 25 Q. Although you may not have a driver's 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 7 1 license now, have you ever had a driver's 2 license? 3 A. No. 4 Q. When did you first obtain a learner's 5 permit? 6 A. I believe it was March. I don't 7 remember the exact date, March 2020. 8 Q. Do you by chance have your permit with 9 you today? 10 A. Yes. 11 Q. I'd ask that you take it out. I'm going 12 to ask you to hold it up to the camera, and I'm 13 going to ask you a couple of questions about it. 14 A. Okay. 15 Q. Is it possible to move it a little 16 closer to your camera, please? 17 A. Can you see it? 18 Q. Yes. It's a little difficult to see 19 over video. I'll ask you to read me the 20 identification number? 21 A. 797749514. 22 Q. What address is listed on your permit? 23 A. 2125 Randall Avenue, Apartment 1B, as in 24 boy, Bronx, New York 10473. 25 Q. When was that permit issued to you? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 8 1 A. When was the permit issued to me? 2 Q. Correct. There should be an issue date. 3 A. March 9, 2020. 4 Q. Did we lose you, ma'am? 5 A. No, I'm still here. 6 Q. Is it possible to turn your camera back 7 on so that we can see you? 8 A. Yes. 9 Q. Have you ever been in the military? 10 A. No. 11 Q. I mean no offense by this question, I 12 ask it of everyone. Have you ever been convicted 13 of a crime? 14 A. Yes. 15 Q. When were you convicted of a crime? 16 A. When? 17 Q. Yes. 18 A. This was like 2013. 19 Q. Of what crime were you convicted? -- forgot the exact 20 A. It was a drug I what 21 charge was, but it was drug affiliated. 22 Q. Were you incarcerated at all? 23 A. Just for a couple of hours. That was 24 it. 25 Q. Do you currently receive any 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/14/2023 02:20 PM INDEX NO. 651629/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/14/2023 9 1 governmental benefits such as cash allowance, 2 food stamps, Social Security, anything like that? 3 A. I get food stamps. 4 Q. How do you receive the food stamps? Is 5 it put on a card, is there something mailed to 6 yo