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1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF NEW YORK : CIVIL TERM : PART 58
------------------------------------------X
3 MARY PERILLO,
INDEX NO:
4 Plaintiff, 151319/2015
5
-against-
6
ANTHONY MARINELLI and NEW YORK CITY TRANSIT
7 AUTHORITY,
8 Defendants.
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9 JURY TRIAL 71 Thomas Street
New York, New York 10033
10 July 10, 2023
11
12 B E F O R E:
13 THE HONORABLE DAVID B. COHEN, Supreme Court Justice
14
15 A P P E A R A N C E S:
16 SCAFFIDI & ASSOCIATES
Attorneys for the Plaintiff
17 777 Third Avenue, Suite 27A
New York, New York 10017
18 BY: ROY F. SCAFFIDI, ESQ.
KEVIN LYNCH, ESQ.
19
20 PETTUS & WILLIAMS, PLLC
Attorneys for the Defendants
21 233 Broadway, Suite 2120
New York, New York 10279
22 BY: MARVIN K. PETTUS, ESQ.
23
24 Stefanie Johnson, RMR, CRR
Senior Court Reporter
25
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1 THE COURT: Case on trial continued. We have a
2 slight change of appearances. On the plaintiff side, would
3 you like to put that on the record, Mr. Scaffidi?
4 MR. SCAFFIDI: Anthony Scaffidi is no longer
5 joining us in this trial. Mr. Kevin Lynch of the office
6 will be assisting at the present time.
7 THE COURT: Other than that, appearances are the
8 same. I did have a brief submitted by plaintiff before we
9 broke for the week last week with respect to the information
10 contained in the police report. Do you want to argue that?
11 Mr. Pettus, you didn't submit any opposition?
12 MR. PETTUS: I did not, Judge.
13 THE COURT: You wish to make any argument in
14 support of your application?
15 MR. SCAFFIDI: I just ask that it be marked for
16 identification.
17 THE COURT: It's already been marked as Court's
18 Exhibit 7.
19 MR. SCAFFIDI: I abide by what's in that memorandum
20 of law is my position.
21 THE COURT: Mr. Pettus?
22 MR. PETTUS: Yes, Judge. The memorandum of law
23 speaks to the MV-104 prepared by Police Officer Wang.
24 Police Officer Wang in his report basically says this
25 accident was caused by pedestrian or cyclist error and that
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1 is in the upper right-hand corner, which is indicated by the
2 Number 14, and if you look at the key, which I don't think
3 is attached to that exhibit.
4 THE COURT: Number 14?
5 MR. PETTUS: Yes. Is the key attached to that
6 exhibit, Judge?
7 THE COURT: I'm not sure I'm seeing what you're
8 referring to.
9 MR. PETTUS: If it's not attached, then --
10 MR. SCAFFIDI: Judge, I can hand up a key for you,
11 if you would like to see it.
12 THE COURT: Yes, please.
13 COURT OFFICER: All rise. Jury entering.
14 (Whereupon, the jury entered the courtroom.)
15 THE COURT: Continue, Mr. Pettus.
16 MR. PETTUS: I'm sure the Court is aware of the
17 cases that pertain to this. What I want to point out, in
18 the memo of law prepared by the plaintiff, it leaves out
19 that when a police officer did not witness, the police
20 officer's conclusions are not admissible and reversible, I
21 get that.
22 THE COURT: You agree to that?
23 MR. PETTUS: Well, that's what the case law says.
24 The case law further says that it's objectionable only as to
25 causation. I don't know what else on this document
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1 plaintiff wants to redact but if it's related to only
2 causation, that would be within the case law that is cited
3 and that is also within the case law that I found.
4 THE COURT: What are you seeking to have redacted,
5 Mr. Scaffidi? It's not entirely clear in your memo.
6 MR. SCAFFIDI: Your Honor, I'm looking to redact
7 everything on the side that he put in that has a number to
8 it, that's what I'm looking to do.
9 THE COURT: Not the statement itself?
10 MR. SCAFFIDI: No. The statement itself is -- we
11 have three people that the statement is given about. We
12 have the witness, which is George Gonzalez, who will be here
13 to testify.
14 MR. PETTUS: I'm sorry, does the Court want us to
15 approach?
16 THE COURT: No.
17 MR. PETTUS: I'm just wondering.
18 MR. SCAFFIDI: He asked me what I'm looking at.
19 I'm showing him what I'm looking at. I'm following
20 instructions, the Court asked me to come up to show him.
21 THE COURT: Okay. I guess it wasn't clear to me.
22 I thought you were seeking to redact the accident
23 description, officer's notes, or a portion of that; that
24 you're not seeking to redact?
25 MR. SCAFFIDI: No. He renders an opinion. He
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1 wasn't there at the time of the accident. He notes he
2 wasn't there at the time of the accident. He's saying what
3 was the cause of the accident.
4 THE COURT: So it's these numbers up and down the
5 side.
6 MR. SCAFFIDI: Are irrelevant to this matter.
7 MR. PETTUS: The numbers on the side go to
8 causation is what I was speaking of. Inside the narrative
9 is a bolster statement by the plaintiff, we would ask that
10 that be redacted.
11 THE COURT: By the?
12 MR. PETTUS: Plaintiff. There's a statement in
13 there that the plaintiff said or something to that effect;
14 right?
15 MR. SCAFFIDI: She said she has to know how she was
16 hit.
17 THE COURT: "Bicyclist stated she did not know how
18 she got hit," you want that out?
19 MR. PETTUS: No, I'll leave it in.
20 THE COURT: It sounds like we're in agreement?
21 MR. SCAFFIDI: We are.
22 THE COURT: We're in agreement that this redaction,
23 as indicated here, is appropriate, that -- what Mr. Scaffidi
24 handed up to me.
25 MR. PETTUS: Actually, the redaction should be only
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1 the top four boxes on the right-hand side.
2 THE COURT: On the right-hand side, why is that?
3 MR. PETTUS: Because if you look at the key, the --
4 I believe the other boxes go to maybe address or something
5 to that effect, cost of repairs is unknown, things not
6 related to causation.
7 THE COURT: But are they relevant? Are we arguing
8 over something that is not relevant?
9 MR. SCAFFIDI: Not relevant to this case.
10 THE COURT: Just so I'm clear, Mr. Scaffidi, you
11 are only objecting to the items on the right and the
12 right-hand side. You're not objecting to the accident
13 description/officer's notes at the bottom, note portion of
14 that?
15 MR. SCAFFIDI: Note portion of that.
16 THE COURT: And you're also -- you've also redacted
17 the license identification numbers and the address of
18 Mr. Marinelli, that's it.
19 MR. SCAFFIDI: As a courtesy. That's it.
20 THE COURT: And his month and year of birth.
21 MR. SCAFFIDI: Yes.
22 THE COURT: And that's it?
23 MR. SCAFFIDI: Yes.
24 THE COURT: Okay. This redaction is appropriate.
25 Redact the information that is inappropriate as it goes to
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1 the officer's conclusion or involved matters that are not
2 relevant to issues in this trial and, accordingly, the
3 redactions, as indicated on this document. Can we mark
4 this?
5 MR. SCAFFIDI: Are we replacing what was put into
6 evidence, Plaintiff's 17 in evidence, that was subject to
7 redaction?
8 THE COURT: So we're just going to replace the
9 first page with this redacted page?
10 MR. SCAFFIDI: Absolutely.
11 THE COURT: That's acceptable.
12 Understood, Mr. Pettus?
13 MR. PETTUS: Understood.
14 THE COURT: At this time I'm taking the original
15 first place, replacing it with the redacted first page, but
16 I don't see that this document was marked for identification
17 or in evidence.
18 MR. SCAFFIDI: It says on the front page of it,
19 Judge.
20 THE COURT: It's marked on the back as
21 Plaintiff's 18, that marking remains there. Very well.
22 Anything else before we bring in the jury?
23 MR. SCAFFIDI: Yes, Your Honor. Also, Your Honor,
24 last week we heard an audio tape, we took it subject to the
25 actual physical audio tape. I have the physical audio tape,
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1 if you want it, to go into evidence.
2 THE COURT: Do you remember what exhibit that was?
3 MR. SCAFFIDI: 13, I believe.
4 THE COURT: Let's have the court reporter mark it
5 as 13 in evidence.
6 (Whereupon, Plaintiff's Exhibit 13 was marked in
7 evidence.)
8 MR. SCAFFIDI: Your Honor, at this time we put in a
9 certified copy that was served on counsel many, many, many
10 months ago. In fact, in March of 2023 which indicates
11 where, when, what time the bike was picked up, where it was
12 picked up, that Ms. Perillo was riding. Indicates where and
13 when and at what time it was put back to on the racks at
14 Vesey Street/River Terrace.
15 THE COURT: Mr. Pettus?
16 MR. PETTUS: Objection, Judge.
17 THE COURT: Basis?
18 MR. PETTUS: There's no connection to anything in
19 that regard from that witness stand to lay a foundation to
20 put that in. I understand it's certified but being
21 certified in and of itself is not enough, there has to be
22 some sort of foundation; right now, there's none.
23 MR. SCAFFIDI: There doesn't have to be any sort of
24 foundation. It's a certified business record that is being
25 put in. It's relevant to this case because we know exactly
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1 when she picked up the bike and we know when it was put on
2 the racks and we know how long it took her to get there.
3 There's an issue that permeated this case that she
4 supposedly picked up the bike at River Terrace and rode
5 across River Terrace into this bus. This clearly shows she
6 did not pick up that bike at that point in time, she picked
7 it up prior, and she returned it after the accident.
8 THE COURT: Are you making inquiry with this
9 witness?
10 MR. SCAFFIDI: No.
11 (Whereupon, Plaintiff's Exhibit 22 was marked for
12 identification.)
13 MR. LYNCH: The only other thing would be the
14 medical records.
15 THE COURT: This witness is not going through the
16 medical records?
17 MR. SCAFFIDI: No, he's not.
18 THE COURT: We'll deal with that later today.
19 Bring in the jury.
20 COURT OFFICER: All rise. Jury entering.
21 (Whereupon, the jury entered the courtroom.)
22 THE COURT: Officer, please bring in the witness,
23 it's Mr. Gonzalez, he's in the hallway.
24 Members of the jury, good morning and welcome back.
25 I hope and trust you had a nice weekend. At this point
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1 we're going to resume the trial and I am going to call upon
2 Mr. Scaffidi to call his next witness.
3 MR. SCAFFIDI: Mr. Gonzalez, please.
4 (Whereupon, George Gonzalez entered the courtroom
5 and took the witness stand.)
6 COURT CLERK: Mr. Gonzalez, raise your right hand.
7 Do you swear or affirm that the testimony you're
8 about to give is the truth, the whole truth, and nothing but
9 the truth?
10 THE WITNESS: I do.
11 G E O R G E G O N Z A L E Z,
12 having being called by the Plaintiff as a witness, after
13 having been first duly sworn/affirmed, testified as
14 follows:
15 COURT CLERK: State your name and address for the
16 record.
17 THE WITNESS: George Gonzalez, 54 Beacon Place,
18 Staten Island, New York 10306.
19 THE COURT: Mr. Scaffidi, your witness has been
20 sworn. You may inquire.
21 MR. SCAFFIDI: Thank you, Your Honor.
22 DIRECT EXAMINATION
23 BY MR. SCAFFIDI:
24 Q Good morning, Mr. Gonzalez.
25 A Good morning.
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1 Q You and I have never met; correct?
2 A Correct.
3 Q And you are here pursuant to a subpoena that was served
4 on the Transit Authority for your attendance?
5 A Yes.
6 Q Can you tell us, are you still employed by the Transit
7 Authority?
8 A Yes, I am.
9 Q In what capacity?
10 A Bus operator.
11 Q How long have you been a bus operator?
12 A I'm on my 20th year.
13 Q I want to take you back to 2014, okay.
14 A Yes.
15 Q In 2014, July of 2014, were you employed at that time
16 with New York City Transit Authority?
17 A Yes, I was.
18 Q And what capacity at that point and time?
19 A Bus operator.
20 Q In that capacity as the bus operator, did it come a
21 time on July 18, 2014, that you were in the vicinity of North
22 End Avenue and Murray street?
23 A Yes.
24 Q Can you tell us at that point in time were you in a
25 vehicle owned by the New York City Transit Authority?
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1 A Yes, I was.
2 Q What kind of vehicle was it?
3 A I was on a bus.
4 Q Can you tell us what kind of bus it was?
5 A It was MCI.
6 Q MCI, you said?
7 A Yes.
8 Q 45-foot MCI?
9 A Yes.
10 Q Was it similar to the bus that was being operated by
11 Mr. Marinelli on that day?
12 A Yes, it was.
13 Q That particular day, can you tell the members of the
14 jury where you were situated at or around the afternoon of July
15 18, 2014, on North End Avenue?
16 A I was parked on the street near the library.
17 Q We have shown the jury some photographs of the
18 particular area you're referring to. By the way, would I be
19 correct at your deposition, the examination before trial, you
20 were not familiar about the day of the week it was; correct?
21 A I don't remember.
22 Q Do you remember now the day of the week?
23 A No.
24 Q Am I also correct that you weren't really sure what
25 time it occurred?
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1 A I know it was in the afternoon, early evening.
2 Q Can you see that? You have them in front of you?
3 A Okay. All right.
4 Q You have the exact same photograph, this is just a
5 projection of that photograph. Can you tell basically where
6 we're looking at, what direction we're looking at?
7 A Looking towards Vesey.
8 Q That's from North End Avenue -- from North End Avenue;
9 correct?
10 A Yes.
11 Q Am I correct that you were not operating your bus at
12 that point in time when you were in front of the library but
13 you were laying over for some reason?
14 A Yes.
15 Q The jury has heard the term laying over, we talked the
16 term laying over. There are many reasons why a bus or bus
17 driver lays over in a particular location; correct?
18 A Yes.
19 Q On this particular day you were laying over because you
20 were waiting for an assignment; correct?
21 A Yes, I was.
22 Q You were operating at that point in time-specific
23 routes; correct?
24 A Specific routes, yes.
25 Q Those specific routes that you were working on at that
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1 point in time was known, at that point in time, as X3 and X4;
2 correct?
3 A I think there was more than just those two that go to
4 that stop. Any moment they could ask me to do any number of
5 lines.
6 Q On that specific day you were either doing an X3 or an
7 X4 route; correct?
8 A At that time I did not know yet.
9 Q Let me see if I can refresh your recollection. By the
10 way, before coming here to testify, did you have a chance to
11 review certain records?
12 A Excuse me?
13 Q Before coming here to testify, did you have a chance to
14 review certain records?
15 A Yes.
16 Q What records did you review?
17 A My deposition.
18 Q When was the first time after this accident and after
19 you had your examination before trial that you actually looked
20 at your examination before trial?
21 A Maybe a week ago.
22 Q A week ago?
23 A Yes.
24 Q And then did you have an opportunity more recently than
25 a week ago to look at it again?
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1 A No.
2 Q I'm going to read that deposition and see if this
3 refreshes your recollection, and I'm at page 11.
4 "QUESTION: Did you have a specific route in 2014" --
5 MR. PETTUS: Sorry, what line?
6 MR. SCAFFIDI: 16. I'll go back up to 13.
7 Q "QUESTION: Do you remember what your hours were on the
8 day of the accident?
9 "ANSWER: No, I don't recall.
10 "QUESTION: Did you have a specific route in 2014?
11 "ANSWER: Yes.
12 "QUESTION: What is that route?
13 "ANSWER: It was either the X3 or the X4."
14 You remember giving that answer?
15 A Yes.
16 Q And the X3 and the X4 were express routes; correct?
17 A Yes.
18 Q They were express routes that took passengers from New
19 York City to Staten Island or Staten Island from New York City;
20 correct?
21 A Yes.
22 Q Similar to what Mr. Marinelli was driving at that point
23 in time too; correct?
24 A No.
25 Q You had different stops in Staten Island, correct, than
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1 he did; correct?
2 A I had different stops, yes.
3 Q But they were express buses that took patrons from New
4 York City to Staten Island or Staten Island to New York City;
5 correct?
6 A Yes.
7 Q Usually it was from Staten Island to New York City in
8 the morning and New York City back to Staten Island in the
9 afternoon; correct?
10 A Yes.
11 Q And we heard from Mr. Marinelli that he began his shift
12 early in the morning on the day of this accident. Was that
13 customarily for you to start your shift on that route early in
14 the morning from Staten Island bringing people into New York
15 City?
16 A Customary, yes.
17 Q Then would you also have a layover after you completed
18 the first route from Staten Island to New York, did you have a
19 layover some place before you would return passengers back to
20 Staten Island?
21 A No.
22 Q So you would continuously drive then?
23 A Yes, depending on the schedule.
24 Q So on that particular day, do you know whether or not
25 prior to this accident, prior to you being on North End Avenue,
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1 you had not only taken passengers that day from Staten Island
2 but you had continued to take passengers throughout the day to
3 various routes?
4 A Yes.
5 Q So that day was a long day for you; correct?
6 A Yes.
7 Q So would I be correct that on the trip home, on that
8 X3 or X4 route, the stop that begins that trip back to
9 Staten Island was Vesey Street; correct?
10 A No.
11 Q Sir, tell me if this refreshes your recollection the
12 stops you made on the trip home: Vesey Street, Broadway. Park
13 Place, Broadway. Dey Street, Broadway. Cortlandt Street,
14 Broadway. Rector Street, Broadway. Morris Street. Lily Pond
15 Avenue. McClean Avenue.
16 A Yes.
17 Q That is Staten Island; correct?
18 A Yes.
19 Q So the first stop that you would have picked up patrons
20 would be -- on a return trip would be at Vesey Street; correct?
21 A Yes.
22 Q Now, when you completed your routes at the evening, you
23 were assigned to the Yukon facility, weren't you?
24 A Yes, Yukon depot.
25 Q That's where you picked up your vehicles in the
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1 morning; correct?
2 A Yes.
3 Q Would I be correct that you don't live that far from
4 that depot?
5 A I do not.
6 Q More like about 6 miles? 5, 6 miles?
7 A 6, 7 miles, that would be correct.
8 Q When you were laying over on this particular day, you
9 knew that you were going to be driving on an X4 route which
10 means you were going to be picking up passengers at some point
11 in time when you were told to begin at Vesey Street; correct?
12 A Yes, that's correct.
13 Q And so you were sitting in your bus; am I correct?
14 And we saw a picture of Mr. Marinelli's bus, I'm going
15 to show it to you, it's an exhibit, but I want to put it up on
16 the board a second because I want to know if this is the same
17 kind of bus. Do you see that?
18 A Yes.
19 Q Was your bus configured in the same manner?
20 A Yes.
21 Q So you sit high in your bus; correct?
22 A Yes.
23 Q Mr. Marinelli said about 6, 7 feet, I believe, off the
24 ground?
25 A I'm not sure, I didn't measure.
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1 Q In any respect, the passengers are at your level;
2 correct?
3 A Yes.
4 Q This bus that you were riding, too, had one door;
5 correct?
6 A Yes.
7 Q That door is only located in the front of the bus
8 across from the bus driver; correct?
9 A Yes, that's correct.
10 Q Now, you were familiar with that area, were you not?
11 A Yes.
12 Q You had laid over in that area on many occasions;
13 correct?
14 A Yes, I have.
15 Q There were many Transit Authority buses that laid over
16 in that location in front of those apartment buildings;
17 correct?
18 A I'm not sure.
19 Q Well, you also laid over in front of 2 River Terrace;
20 correct?
21 A Yes.
22 Q 2 River Terrace, a relative of yours worked there at
23 the time; correct?
24 A No.
25 Q At the time was not a family member who was married to
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1 a cousin of yours the doorman in that building?
2 A No.
3 Q You know a George Gonzalez? Excuse me. You know
4 Mr. Reyes?
5 A Yes, I know Mr. Reyes.
6 Q How do you know Mr. Reyes?
7 A Mr. Reyes was married to a step-cousin of mine.
8 Q You remember ever telling us that Mr. Reyes was family
9 almost to you?
10 A No, I don't remember.
11 Q You read your deposition; correct?
12 A Yes.
13 Q I'll go to your deposition page 32, line 12.
14 "QUESTION: Do you know an individual named Edwin
15 Reyes?
16 "ANSWER: Yes.
17 "QUESTION: Who is that?
18 "ANSWER: The doorman.
19 "QUESTION: How do you know Mr. Reyes?
20 "ANSWER: I know his wife.
21 "QUESTION: Friendly or just -- were you friends with
22 his wife?
23 "ANSWER: Family almost."
24 You remember saying that?
25 A Yes.
SJ
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1 Q So at that point in time you considered him family
2 almost, did you not?
3 MR. PETTUS: I am going to object to that reading
4 as it relates to the family almost of the wife. I believe
5 the question that led to this was family almost as to Reyes.
6 THE COURT: I am going to overrule it.
7 Q Was Reyes considered by you almost family?
8 A Yes.
9 Q On this particular day -- withdrawn.
10 At your deposition you were shown a photograph, do you
11 remember that?
12 A At the moment, I don't.
13 Q I am going to show you a photograph that's been marked
14 in evidence and I am going to give you -- get you the number in
15 one second. It was Exhibit 5 at your deposition and I believe
16 it's -- it's this one right here. It's Exhibit 8 in evidence
17 here in the courtroom. Looking at that photograph, you see the
18 library; correct?
19 A Yes.
20 Q And the library is where that banner is, correct,
21 that's happening on the right?
22 A Yes.
23 Q It is your banner right there, the banner that I was
24 mentioning; correct?
25 A Yes.
SJ
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1 Q We also see there a bus stop, do we not?
2 A Yes, we do.
3 Q That bus stop is where your bus basically was situated;
4 correct?
5 A I was a bit forward.
6 Q All right. But you were behind that crosswalk;
7 correct?
8 A It would have been a little bit
Preview
FILED: NEW YORK COUNTY CLERK 09/05/2023 02:55 PM INDEX NO. 151319/2015 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 09/05/2023 EXHIBIT 4 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 308 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF NEW YORK : CIVIL TERM : PART 58 ------------------------------------------X 3 MARY PERILLO, INDEX NO: 4 Plaintiff, 151319/2015 5 -against- 6 ANTHONY MARINELLI and NEW YORK CITY TRANSIT 7 AUTHORITY, 8 Defendants. ------------------------------------------X 9 JURY TRIAL 71 Thomas Street New York, New York 10033 10 July 10, 2023 11 12 B E F O R E: 13 THE HONORABLE DAVID B. COHEN, Supreme Court Justice 14 15 A P P E A R A N C E S: 16 SCAFFIDI & ASSOCIATES Attorneys for the Plaintiff 17 777 Third Avenue, Suite 27A New York, New York 10017 18 BY: ROY F. SCAFFIDI, ESQ. KEVIN LYNCH, ESQ. 19 20 PETTUS & WILLIAMS, PLLC Attorneys for the Defendants 21 233 Broadway, Suite 2120 New York, New York 10279 22 BY: MARVIN K. PETTUS, ESQ. 23 24 Stefanie Johnson, RMR, CRR Senior Court Reporter 25 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 309 Pr oceedi ngs 1 THE COURT: Case on trial continued. We have a 2 slight change of appearances. On the plaintiff side, would 3 you like to put that on the record, Mr. Scaffidi? 4 MR. SCAFFIDI: Anthony Scaffidi is no longer 5 joining us in this trial. Mr. Kevin Lynch of the office 6 will be assisting at the present time. 7 THE COURT: Other than that, appearances are the 8 same. I did have a brief submitted by plaintiff before we 9 broke for the week last week with respect to the information 10 contained in the police report. Do you want to argue that? 11 Mr. Pettus, you didn't submit any opposition? 12 MR. PETTUS: I did not, Judge. 13 THE COURT: You wish to make any argument in 14 support of your application? 15 MR. SCAFFIDI: I just ask that it be marked for 16 identification. 17 THE COURT: It's already been marked as Court's 18 Exhibit 7. 19 MR. SCAFFIDI: I abide by what's in that memorandum 20 of law is my position. 21 THE COURT: Mr. Pettus? 22 MR. PETTUS: Yes, Judge. The memorandum of law 23 speaks to the MV-104 prepared by Police Officer Wang. 24 Police Officer Wang in his report basically says this 25 accident was caused by pedestrian or cyclist error and that SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 310 Pr oceedi ngs 1 is in the upper right-hand corner, which is indicated by the 2 Number 14, and if you look at the key, which I don't think 3 is attached to that exhibit. 4 THE COURT: Number 14? 5 MR. PETTUS: Yes. Is the key attached to that 6 exhibit, Judge? 7 THE COURT: I'm not sure I'm seeing what you're 8 referring to. 9 MR. PETTUS: If it's not attached, then -- 10 MR. SCAFFIDI: Judge, I can hand up a key for you, 11 if you would like to see it. 12 THE COURT: Yes, please. 13 COURT OFFICER: All rise. Jury entering. 14 (Whereupon, the jury entered the courtroom.) 15 THE COURT: Continue, Mr. Pettus. 16 MR. PETTUS: I'm sure the Court is aware of the 17 cases that pertain to this. What I want to point out, in 18 the memo of law prepared by the plaintiff, it leaves out 19 that when a police officer did not witness, the police 20 officer's conclusions are not admissible and reversible, I 21 get that. 22 THE COURT: You agree to that? 23 MR. PETTUS: Well, that's what the case law says. 24 The case law further says that it's objectionable only as to 25 causation. I don't know what else on this document SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 311 Pr oceedi ngs 1 plaintiff wants to redact but if it's related to only 2 causation, that would be within the case law that is cited 3 and that is also within the case law that I found. 4 THE COURT: What are you seeking to have redacted, 5 Mr. Scaffidi? It's not entirely clear in your memo. 6 MR. SCAFFIDI: Your Honor, I'm looking to redact 7 everything on the side that he put in that has a number to 8 it, that's what I'm looking to do. 9 THE COURT: Not the statement itself? 10 MR. SCAFFIDI: No. The statement itself is -- we 11 have three people that the statement is given about. We 12 have the witness, which is George Gonzalez, who will be here 13 to testify. 14 MR. PETTUS: I'm sorry, does the Court want us to 15 approach? 16 THE COURT: No. 17 MR. PETTUS: I'm just wondering. 18 MR. SCAFFIDI: He asked me what I'm looking at. 19 I'm showing him what I'm looking at. I'm following 20 instructions, the Court asked me to come up to show him. 21 THE COURT: Okay. I guess it wasn't clear to me. 22 I thought you were seeking to redact the accident 23 description, officer's notes, or a portion of that; that 24 you're not seeking to redact? 25 MR. SCAFFIDI: No. He renders an opinion. He SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 312 Pr oceedi ngs 1 wasn't there at the time of the accident. He notes he 2 wasn't there at the time of the accident. He's saying what 3 was the cause of the accident. 4 THE COURT: So it's these numbers up and down the 5 side. 6 MR. SCAFFIDI: Are irrelevant to this matter. 7 MR. PETTUS: The numbers on the side go to 8 causation is what I was speaking of. Inside the narrative 9 is a bolster statement by the plaintiff, we would ask that 10 that be redacted. 11 THE COURT: By the? 12 MR. PETTUS: Plaintiff. There's a statement in 13 there that the plaintiff said or something to that effect; 14 right? 15 MR. SCAFFIDI: She said she has to know how she was 16 hit. 17 THE COURT: "Bicyclist stated she did not know how 18 she got hit," you want that out? 19 MR. PETTUS: No, I'll leave it in. 20 THE COURT: It sounds like we're in agreement? 21 MR. SCAFFIDI: We are. 22 THE COURT: We're in agreement that this redaction, 23 as indicated here, is appropriate, that -- what Mr. Scaffidi 24 handed up to me. 25 MR. PETTUS: Actually, the redaction should be only SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 313 Pr oceedi ngs 1 the top four boxes on the right-hand side. 2 THE COURT: On the right-hand side, why is that? 3 MR. PETTUS: Because if you look at the key, the -- 4 I believe the other boxes go to maybe address or something 5 to that effect, cost of repairs is unknown, things not 6 related to causation. 7 THE COURT: But are they relevant? Are we arguing 8 over something that is not relevant? 9 MR. SCAFFIDI: Not relevant to this case. 10 THE COURT: Just so I'm clear, Mr. Scaffidi, you 11 are only objecting to the items on the right and the 12 right-hand side. You're not objecting to the accident 13 description/officer's notes at the bottom, note portion of 14 that? 15 MR. SCAFFIDI: Note portion of that. 16 THE COURT: And you're also -- you've also redacted 17 the license identification numbers and the address of 18 Mr. Marinelli, that's it. 19 MR. SCAFFIDI: As a courtesy. That's it. 20 THE COURT: And his month and year of birth. 21 MR. SCAFFIDI: Yes. 22 THE COURT: And that's it? 23 MR. SCAFFIDI: Yes. 24 THE COURT: Okay. This redaction is appropriate. 25 Redact the information that is inappropriate as it goes to SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 314 Pr oceedi ngs 1 the officer's conclusion or involved matters that are not 2 relevant to issues in this trial and, accordingly, the 3 redactions, as indicated on this document. Can we mark 4 this? 5 MR. SCAFFIDI: Are we replacing what was put into 6 evidence, Plaintiff's 17 in evidence, that was subject to 7 redaction? 8 THE COURT: So we're just going to replace the 9 first page with this redacted page? 10 MR. SCAFFIDI: Absolutely. 11 THE COURT: That's acceptable. 12 Understood, Mr. Pettus? 13 MR. PETTUS: Understood. 14 THE COURT: At this time I'm taking the original 15 first place, replacing it with the redacted first page, but 16 I don't see that this document was marked for identification 17 or in evidence. 18 MR. SCAFFIDI: It says on the front page of it, 19 Judge. 20 THE COURT: It's marked on the back as 21 Plaintiff's 18, that marking remains there. Very well. 22 Anything else before we bring in the jury? 23 MR. SCAFFIDI: Yes, Your Honor. Also, Your Honor, 24 last week we heard an audio tape, we took it subject to the 25 actual physical audio tape. I have the physical audio tape, SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 315 Pr oceedi ngs 1 if you want it, to go into evidence. 2 THE COURT: Do you remember what exhibit that was? 3 MR. SCAFFIDI: 13, I believe. 4 THE COURT: Let's have the court reporter mark it 5 as 13 in evidence. 6 (Whereupon, Plaintiff's Exhibit 13 was marked in 7 evidence.) 8 MR. SCAFFIDI: Your Honor, at this time we put in a 9 certified copy that was served on counsel many, many, many 10 months ago. In fact, in March of 2023 which indicates 11 where, when, what time the bike was picked up, where it was 12 picked up, that Ms. Perillo was riding. Indicates where and 13 when and at what time it was put back to on the racks at 14 Vesey Street/River Terrace. 15 THE COURT: Mr. Pettus? 16 MR. PETTUS: Objection, Judge. 17 THE COURT: Basis? 18 MR. PETTUS: There's no connection to anything in 19 that regard from that witness stand to lay a foundation to 20 put that in. I understand it's certified but being 21 certified in and of itself is not enough, there has to be 22 some sort of foundation; right now, there's none. 23 MR. SCAFFIDI: There doesn't have to be any sort of 24 foundation. It's a certified business record that is being 25 put in. It's relevant to this case because we know exactly SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 316 Pr oceedi ngs 1 when she picked up the bike and we know when it was put on 2 the racks and we know how long it took her to get there. 3 There's an issue that permeated this case that she 4 supposedly picked up the bike at River Terrace and rode 5 across River Terrace into this bus. This clearly shows she 6 did not pick up that bike at that point in time, she picked 7 it up prior, and she returned it after the accident. 8 THE COURT: Are you making inquiry with this 9 witness? 10 MR. SCAFFIDI: No. 11 (Whereupon, Plaintiff's Exhibit 22 was marked for 12 identification.) 13 MR. LYNCH: The only other thing would be the 14 medical records. 15 THE COURT: This witness is not going through the 16 medical records? 17 MR. SCAFFIDI: No, he's not. 18 THE COURT: We'll deal with that later today. 19 Bring in the jury. 20 COURT OFFICER: All rise. Jury entering. 21 (Whereupon, the jury entered the courtroom.) 22 THE COURT: Officer, please bring in the witness, 23 it's Mr. Gonzalez, he's in the hallway. 24 Members of the jury, good morning and welcome back. 25 I hope and trust you had a nice weekend. At this point SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 317 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 we're going to resume the trial and I am going to call upon 2 Mr. Scaffidi to call his next witness. 3 MR. SCAFFIDI: Mr. Gonzalez, please. 4 (Whereupon, George Gonzalez entered the courtroom 5 and took the witness stand.) 6 COURT CLERK: Mr. Gonzalez, raise your right hand. 7 Do you swear or affirm that the testimony you're 8 about to give is the truth, the whole truth, and nothing but 9 the truth? 10 THE WITNESS: I do. 11 G E O R G E G O N Z A L E Z, 12 having being called by the Plaintiff as a witness, after 13 having been first duly sworn/affirmed, testified as 14 follows: 15 COURT CLERK: State your name and address for the 16 record. 17 THE WITNESS: George Gonzalez, 54 Beacon Place, 18 Staten Island, New York 10306. 19 THE COURT: Mr. Scaffidi, your witness has been 20 sworn. You may inquire. 21 MR. SCAFFIDI: Thank you, Your Honor. 22 DIRECT EXAMINATION 23 BY MR. SCAFFIDI: 24 Q Good morning, Mr. Gonzalez. 25 A Good morning. SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 318 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 Q You and I have never met; correct? 2 A Correct. 3 Q And you are here pursuant to a subpoena that was served 4 on the Transit Authority for your attendance? 5 A Yes. 6 Q Can you tell us, are you still employed by the Transit 7 Authority? 8 A Yes, I am. 9 Q In what capacity? 10 A Bus operator. 11 Q How long have you been a bus operator? 12 A I'm on my 20th year. 13 Q I want to take you back to 2014, okay. 14 A Yes. 15 Q In 2014, July of 2014, were you employed at that time 16 with New York City Transit Authority? 17 A Yes, I was. 18 Q And what capacity at that point and time? 19 A Bus operator. 20 Q In that capacity as the bus operator, did it come a 21 time on July 18, 2014, that you were in the vicinity of North 22 End Avenue and Murray street? 23 A Yes. 24 Q Can you tell us at that point in time were you in a 25 vehicle owned by the New York City Transit Authority? SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 319 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 A Yes, I was. 2 Q What kind of vehicle was it? 3 A I was on a bus. 4 Q Can you tell us what kind of bus it was? 5 A It was MCI. 6 Q MCI, you said? 7 A Yes. 8 Q 45-foot MCI? 9 A Yes. 10 Q Was it similar to the bus that was being operated by 11 Mr. Marinelli on that day? 12 A Yes, it was. 13 Q That particular day, can you tell the members of the 14 jury where you were situated at or around the afternoon of July 15 18, 2014, on North End Avenue? 16 A I was parked on the street near the library. 17 Q We have shown the jury some photographs of the 18 particular area you're referring to. By the way, would I be 19 correct at your deposition, the examination before trial, you 20 were not familiar about the day of the week it was; correct? 21 A I don't remember. 22 Q Do you remember now the day of the week? 23 A No. 24 Q Am I also correct that you weren't really sure what 25 time it occurred? SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 320 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 A I know it was in the afternoon, early evening. 2 Q Can you see that? You have them in front of you? 3 A Okay. All right. 4 Q You have the exact same photograph, this is just a 5 projection of that photograph. Can you tell basically where 6 we're looking at, what direction we're looking at? 7 A Looking towards Vesey. 8 Q That's from North End Avenue -- from North End Avenue; 9 correct? 10 A Yes. 11 Q Am I correct that you were not operating your bus at 12 that point in time when you were in front of the library but 13 you were laying over for some reason? 14 A Yes. 15 Q The jury has heard the term laying over, we talked the 16 term laying over. There are many reasons why a bus or bus 17 driver lays over in a particular location; correct? 18 A Yes. 19 Q On this particular day you were laying over because you 20 were waiting for an assignment; correct? 21 A Yes, I was. 22 Q You were operating at that point in time-specific 23 routes; correct? 24 A Specific routes, yes. 25 Q Those specific routes that you were working on at that SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 321 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 point in time was known, at that point in time, as X3 and X4; 2 correct? 3 A I think there was more than just those two that go to 4 that stop. Any moment they could ask me to do any number of 5 lines. 6 Q On that specific day you were either doing an X3 or an 7 X4 route; correct? 8 A At that time I did not know yet. 9 Q Let me see if I can refresh your recollection. By the 10 way, before coming here to testify, did you have a chance to 11 review certain records? 12 A Excuse me? 13 Q Before coming here to testify, did you have a chance to 14 review certain records? 15 A Yes. 16 Q What records did you review? 17 A My deposition. 18 Q When was the first time after this accident and after 19 you had your examination before trial that you actually looked 20 at your examination before trial? 21 A Maybe a week ago. 22 Q A week ago? 23 A Yes. 24 Q And then did you have an opportunity more recently than 25 a week ago to look at it again? SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 322 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 A No. 2 Q I'm going to read that deposition and see if this 3 refreshes your recollection, and I'm at page 11. 4 "QUESTION: Did you have a specific route in 2014" -- 5 MR. PETTUS: Sorry, what line? 6 MR. SCAFFIDI: 16. I'll go back up to 13. 7 Q "QUESTION: Do you remember what your hours were on the 8 day of the accident? 9 "ANSWER: No, I don't recall. 10 "QUESTION: Did you have a specific route in 2014? 11 "ANSWER: Yes. 12 "QUESTION: What is that route? 13 "ANSWER: It was either the X3 or the X4." 14 You remember giving that answer? 15 A Yes. 16 Q And the X3 and the X4 were express routes; correct? 17 A Yes. 18 Q They were express routes that took passengers from New 19 York City to Staten Island or Staten Island from New York City; 20 correct? 21 A Yes. 22 Q Similar to what Mr. Marinelli was driving at that point 23 in time too; correct? 24 A No. 25 Q You had different stops in Staten Island, correct, than SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 323 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 he did; correct? 2 A I had different stops, yes. 3 Q But they were express buses that took patrons from New 4 York City to Staten Island or Staten Island to New York City; 5 correct? 6 A Yes. 7 Q Usually it was from Staten Island to New York City in 8 the morning and New York City back to Staten Island in the 9 afternoon; correct? 10 A Yes. 11 Q And we heard from Mr. Marinelli that he began his shift 12 early in the morning on the day of this accident. Was that 13 customarily for you to start your shift on that route early in 14 the morning from Staten Island bringing people into New York 15 City? 16 A Customary, yes. 17 Q Then would you also have a layover after you completed 18 the first route from Staten Island to New York, did you have a 19 layover some place before you would return passengers back to 20 Staten Island? 21 A No. 22 Q So you would continuously drive then? 23 A Yes, depending on the schedule. 24 Q So on that particular day, do you know whether or not 25 prior to this accident, prior to you being on North End Avenue, SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 324 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 you had not only taken passengers that day from Staten Island 2 but you had continued to take passengers throughout the day to 3 various routes? 4 A Yes. 5 Q So that day was a long day for you; correct? 6 A Yes. 7 Q So would I be correct that on the trip home, on that 8 X3 or X4 route, the stop that begins that trip back to 9 Staten Island was Vesey Street; correct? 10 A No. 11 Q Sir, tell me if this refreshes your recollection the 12 stops you made on the trip home: Vesey Street, Broadway. Park 13 Place, Broadway. Dey Street, Broadway. Cortlandt Street, 14 Broadway. Rector Street, Broadway. Morris Street. Lily Pond 15 Avenue. McClean Avenue. 16 A Yes. 17 Q That is Staten Island; correct? 18 A Yes. 19 Q So the first stop that you would have picked up patrons 20 would be -- on a return trip would be at Vesey Street; correct? 21 A Yes. 22 Q Now, when you completed your routes at the evening, you 23 were assigned to the Yukon facility, weren't you? 24 A Yes, Yukon depot. 25 Q That's where you picked up your vehicles in the SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 325 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 morning; correct? 2 A Yes. 3 Q Would I be correct that you don't live that far from 4 that depot? 5 A I do not. 6 Q More like about 6 miles? 5, 6 miles? 7 A 6, 7 miles, that would be correct. 8 Q When you were laying over on this particular day, you 9 knew that you were going to be driving on an X4 route which 10 means you were going to be picking up passengers at some point 11 in time when you were told to begin at Vesey Street; correct? 12 A Yes, that's correct. 13 Q And so you were sitting in your bus; am I correct? 14 And we saw a picture of Mr. Marinelli's bus, I'm going 15 to show it to you, it's an exhibit, but I want to put it up on 16 the board a second because I want to know if this is the same 17 kind of bus. Do you see that? 18 A Yes. 19 Q Was your bus configured in the same manner? 20 A Yes. 21 Q So you sit high in your bus; correct? 22 A Yes. 23 Q Mr. Marinelli said about 6, 7 feet, I believe, off the 24 ground? 25 A I'm not sure, I didn't measure. SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 326 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 Q In any respect, the passengers are at your level; 2 correct? 3 A Yes. 4 Q This bus that you were riding, too, had one door; 5 correct? 6 A Yes. 7 Q That door is only located in the front of the bus 8 across from the bus driver; correct? 9 A Yes, that's correct. 10 Q Now, you were familiar with that area, were you not? 11 A Yes. 12 Q You had laid over in that area on many occasions; 13 correct? 14 A Yes, I have. 15 Q There were many Transit Authority buses that laid over 16 in that location in front of those apartment buildings; 17 correct? 18 A I'm not sure. 19 Q Well, you also laid over in front of 2 River Terrace; 20 correct? 21 A Yes. 22 Q 2 River Terrace, a relative of yours worked there at 23 the time; correct? 24 A No. 25 Q At the time was not a family member who was married to SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 327 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 a cousin of yours the doorman in that building? 2 A No. 3 Q You know a George Gonzalez? Excuse me. You know 4 Mr. Reyes? 5 A Yes, I know Mr. Reyes. 6 Q How do you know Mr. Reyes? 7 A Mr. Reyes was married to a step-cousin of mine. 8 Q You remember ever telling us that Mr. Reyes was family 9 almost to you? 10 A No, I don't remember. 11 Q You read your deposition; correct? 12 A Yes. 13 Q I'll go to your deposition page 32, line 12. 14 "QUESTION: Do you know an individual named Edwin 15 Reyes? 16 "ANSWER: Yes. 17 "QUESTION: Who is that? 18 "ANSWER: The doorman. 19 "QUESTION: How do you know Mr. Reyes? 20 "ANSWER: I know his wife. 21 "QUESTION: Friendly or just -- were you friends with 22 his wife? 23 "ANSWER: Family almost." 24 You remember saying that? 25 A Yes. SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 328 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 Q So at that point in time you considered him family 2 almost, did you not? 3 MR. PETTUS: I am going to object to that reading 4 as it relates to the family almost of the wife. I believe 5 the question that led to this was family almost as to Reyes. 6 THE COURT: I am going to overrule it. 7 Q Was Reyes considered by you almost family? 8 A Yes. 9 Q On this particular day -- withdrawn. 10 At your deposition you were shown a photograph, do you 11 remember that? 12 A At the moment, I don't. 13 Q I am going to show you a photograph that's been marked 14 in evidence and I am going to give you -- get you the number in 15 one second. It was Exhibit 5 at your deposition and I believe 16 it's -- it's this one right here. It's Exhibit 8 in evidence 17 here in the courtroom. Looking at that photograph, you see the 18 library; correct? 19 A Yes. 20 Q And the library is where that banner is, correct, 21 that's happening on the right? 22 A Yes. 23 Q It is your banner right there, the banner that I was 24 mentioning; correct? 25 A Yes. SJ 08/09/2023 02:55 FILED: NEW YORK COUNTY CLERK 09/05/2023 05:06 PM INDEX NO. 151319/2015 57 NYSCEF DOC. NO. 72 08/09/2023 RECEIVED NYSCEF: 09/05/2023 329 Gonz al ez - by Pl ai nt i f f - Di r ect / Scaf f i di 1 Q We also see there a bus stop, do we not? 2 A Yes, we do. 3 Q That bus stop is where your bus basically was situated; 4 correct? 5 A I was a bit forward. 6 Q All right. But you were behind that crosswalk; 7 correct? 8 A It would have been a little bit