Preview
FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
EXHIBIT 3
FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
COPY
In the Matter Of:
RA Y JACKSON V. V AN BLARKOM CLOSURE, INC.
RAY JACKSON
June 14, 2022
800.211.DEPO (3376)
EsquireSolutions. com
FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
1
RAY JACKSON V. VAN BLARKOM CLOSURE,INC.
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
3 --------------------------------
4 RAY JACKSON,
5 Plaintiff,
6 -against- Index Number
512150/2020
7 VAN BLARCKOM CLOSURES, INC.,
8 Defendant.
9 --------------------------------
10
11 REMOTE DEPOSITION of RAY JACKSON, the
12 Plaintiff herein, pursuant to Court Order, witness
13 located in the Law Office of Subin Associates, New
14 York, New York, held on June 14, 2022, commencing
15 at 10:50 a.m., and before Helene Gruber, a
16 certified shorthand reporter and notary public
17 within and for the state of New York.
18
19
20
21
22
23
24
25
ESQQlBJ; 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 2
1
2 A P P E A R A N C E S
3 SUBIN ASSOCIATES
4 Attorneys for Plaintiff
5 150 Broadway, 23rd Floor
6 York 10038
New York, New
7 BY: HOWARD ADELSBERG, ESQ.
8
9 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY
10 Attorneys for Defendant
11 1500 Broadway, Suite 2401
12 New York, New York 10036
13 BY: JERRY L. LYNCH, ESQ.
14
15
16
17
18
19
20
21
22
23
24
25
ESQU,J.Jlu 800.211.DEPO (3376)
EsquireSolutions.
com
FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 3
1
2
3
4 STIPULATIONS
5 IT IS HEREBY STIPULATED, by and between the
6 for the that:
attorneys respective parties hereto,
7 All rights provided by the CPLR and Part
8 221 of the Uniform Rules for the Conduct of
9
Depositions, including the right to object to any
10 question, except as to form, or to move to strike
11 any testimony at this examination is reserved; and
12 in addition, the failure to object to any question
13 or to move to strike any testimony at this
14 examination shall not be a bar or waiver to make
15 such motion at, and is reserved to, the trial of
16 this action.
17 This deposition may be sworn to by the
18 witness being examined before a Notary Public
19 other than the Notary Public before whom this
20 examination was begun, but the failure to do so or
21 to return the original of this deposition to
22 counsel, shall not be deemed a waiver of the
23 rights provided by Rule 3116 of the CPLR, and
24 shall be controlled thereby.
25 The filing of the original of this
ESQ1JIBJ 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 4
1
2
deposition is waived.
3 IT IS FURTHER that of
STIPULATED, a copy
4 this examination shall be furnished to the
5 attorney for the witness being examined without
6 charge.
7
8 * * *
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 5
1 R. Jackson
2 COURT REPORTER: Please state your
3 name and address.
4 THE WITNESS: Ray Jackson; 918 Kent
5 Avenue, Apartment 208, Brooklyn, New York
6 11205.
7 (The parties stipulate to the witness
8
being sworn remotely.)
9 RAY JACKSON,
10 Having first been duly sworn, was examined and
11 testified as follows:
12 EXAMINATION
13 BY MR. LYNCH:
14 Q. Good morning, Mr. Jackson.
15 A. Good morning.
16 Q. My name is Jerry Lynch. I am an
17 attorney with Weber Gallagher Simpson Stapleton
18 Fires & Newby, and we represent Van Blarckom
19 Closures in this action.
20 I am going to be asking you a series
21 of questions today at this deposition, and
22 it's going to be about the action that you
23 brought. We are here to learn your side of
24 the story.
25 I am just going to go over a few
ESQ1JlBJ 800.211.DEPO (3376)
EsquireSolutions.com
FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 6
1 R. Jackson
2
simple rules that hopefully we can follow to
3 make it the most seamless process possible,
4 because like the court reporter said, over
5 Zoom, we can only take down one at a
person
6
time, take down one person's statements at a
7 time.
8 If understand
you don't a question I
9 have asked, please, please, let me know, and I
10 will gladly repeat or rephrase it as best I
11 can.
12 If you need to take a break at any
13 time for any reason, just let me know and I
14 will be happy to accommodate, okay?
15 A. Okay.
16 Q. The only rule about taking a break is
17 that I am going to ask that if a question is
18 pending, such as if I have asked a question and
19 you haven't yet answered it, I will just ask
20 you answer the question before we take the
21 break. Is that okay?
22 A. Yes.
23 Q. Like I was saying before, when I am
24 speaking, if you could allow me to complete my
25 question, and when you are speaking, I am going
ESQQlBJ; 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 7
1 R. Jackson
2 to allow you to complete your answer so that
3
only one of us is speaking at a time.
4 There might be times where you
5 anticipate the question that I am about to
6 ask. know maybe what
You are going to I am
7 about to say, but I will still just ask that
8
you let me finish what I am asking for a clear
9 record, and I am going to let you finish what
10 you answered for the same clearness. Is that
11 okay?
12 A. Yes.
13 Q. If you answer a question, I am going
14 to assume that you understood it, okay?
15 A. Yes.
16 Q. All of your answers should be verbal,
17 so if you could avoid nodding your head or
18 shrugging your shoulders, or even answering
19 with uh uh, because the court reporter is just
20 going to ask you to clarify whether that's yes,
21 no, or something else. Is that okay?
22 A. Yes.
23 Q. I'll ask during this interview, we
24 will call it, that you not guess, so if you
25 don't recall something or you don't know
ESQ1JIBJ 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 8
1 R. Jackson
2 Please don't
something, just say so. guess.
3 There don't
may be times, though, where you
4 recall specific dates and I will ask you for an
5 approximation, or maybe a measurement or
6
something like that. We will ask you to come
7 as close as possible, so try as best you can to
8 answer those.
9 Lastly, if you could just keep your
10 voice up for the benefit of myself, the
11 reporter, and the other attorney here, that
12 would be great. Does all that make sense?
13 A. Yes.
14 Q. Okay, great. Have you reviewed any
15 materials before today's deposition, anything
16 like paperwork, documents, something like that?
17 A. Yes.
18 Q. What did you review?
19 A. Documents about what I had to go
20 through.
21 Q. Like what?
22 A. What I am about to go through with
23 the lawyer, and he is talking about this --
24 Q. I apoloqize. I am qoinq to stop you
25 just briefly. I don't want to hear or know
ESQ1JlBJ; 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 9
1 R. Jackson
2
anything about any of the communications you
3 have had with your lawyer. I just want to let
4 you know that.
5 A. Okay.
6
Q. If it is a conversation with your
7 lawyer, I don't want to hear about it, okay?
8 A. Yes.
9 Q. I should have said that earlier. I'm
10 sorry. So if you could tell me about the
11 documents you reviewed, but don't talk to me
12 about anything that you did with your lawyer,
13 that would be preferred.
14 MR. ADELSBERG: Mr. Lynch, if I may
15 assist you on this very brief question so
16 we can get over this hurdle, other than
17 the photographs that I sent you, unless
18 there is something else that I am not
19 aware of, you could ask him whether he
20 reviewed anything other than those
21 photographs.
22 Q. Did you review anything other than
23 the photographs your attorney just mentioned,
24 sir?
25 A. We reviewed the photographs. That's
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 10
1 R. Jackson
2 it.
3
Q. Only the photographs?
4 A. Yes.
5 Q. Did you review any of your prior
6
testimony?
7 A. No.
8 Q. Are medications that
you on any might
9 affect your ability to testify truthfully
10 today?
11 A. No.
12 Q. Have you had any alcohol in the last
13 24 hours?
14 A. No.
15 Q. Have you ever been known by any other
16 name?
17 A. No.
18 Q. Do you have any aliases that you have
19 ever gone by?
20 A. No.
21 Q. What is your middle name, sir?
22 A. Michael.
23 Q. May I have your date of birth, for
24 the record, please? In the transcript we are
25 just going to leave Xs.
800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 11
1 R. Jackson
2 A. xx-xx-xxxx.
3 Q. XX-XX-XXX; lS that what I heard?
4 A. xx-xx.
5 Q. May I have your Social Security
6 number, please? We are just going to leave X's
7 in the record.
8 A. XXX-XX-XXXX.
9
Q. Are you a recipient of Medicare or
10 Medicaid, sir?
11 A. Yes.
12 Q. Which one?
13 A. Medicaid.
14 Q. When did you begin receiving
15 Medicaid?
16 A. About four years ago. About four
17 years ago.
18 Q. Does 2018 sound accurate?
19 A. Yes.
20 Q. Do you currently have other health
21 insurance like MetroPlus or anything else?
22 A. No. Just MetroPlus.
23 Q. You do have MetroPlus?
24 A. Yes.
25 Q. And how long have you been with
ESQ1JlBJ; 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 12
1 R. Jackson
2 MetroPlus?
3 A. Four years.
4 Q. I am sorry. I had asked earlier
5 about Medicaid. Are you saying that MetroPlus
6 lS it is through the exchange?
7 They the
A. are same entity.
8
Q. You are getting your coverage through
9 the exchange, right?
10 A. When you are on Medicaid, they give
11 you a coverage. They got different coverages,
12 and I got MetroPlus through the Medicaid.
13 Q. Do you rent or own your apartment at
14 918 Kent Avenue?
15 A. Excuse me?
16 Q. Do you rent your apartment at 918
17 Kent Avenue?
18 A. I rent it.
19 Q. How long have you lived there?
20 A. Eight years.
21 Q. What floor is your apartment on?
22 A. Two.
23 Q. Is your building a walk-up building,
24 or does it have an elevator?
7.5 A. It's a walk-up building.
ESQ1JlBJ; 800.211.DEPO (3376)
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 13
1 R. Jackson
2 Q. As we sit here today, are you
3
currently on any type of medication be it for
4 anything at all?
5 A. No.·
6 Q. You don't take of
any type
7 prescription medications to manage any type of
8 condition or anything like that?
9 A. No.
10 Q. Are there any medications that you
11 are prescribed that you did not take today or
12 you decided not to take today?
13 A. No.
14 Q. When you go to a doctor's visit, are
15 you truthful about the information that you
16 give to your doctor?
17 A. Yes.
18 MR. ADELSBERG: Note my objection as
19 to the form of the question, but I will
20 allow him to answer it.
21 Q. Do you go to the doctor ever, sir?
22 A. Yes.
23 Q. Have you ever visited a doctor
24 before?
25 A. Yes.
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 14
1 R. Jackson
2 Q. And when to the doctor, are
you go
3 truthful with the information
you you provide
4 them?
5 A. Yes.
6 Aside from
Q. your attorneys --
please
7 don't tell me about any communications you had
8 with your attorney --
aside from that, have you
9 spoken to anyone else about this lawsuit?
10 A. No.
11 Do you have any preexisting
12 conditions or diseases or anything like that?
13 A. No.
14 Q. Do you smoke cigarettes?
15 A. Excuse me?
16 Q. Do you smoke cigarettes?
17 A. Yes.
18 Q. Has a doctor ever said that you
19 suffer from dizziness?
20 A. No.
21 Q. Has a doctor ever said that you
22 suffer from fainting or bouts of fainting?
23 A. No.
24 Q. Have you ever been prescribed any
25 medications for dizziness or fainting?
800.211.DEPO (3376)
EsquireSolutions.
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 15
1 R. Jackson
2 A. No.
3 Have been told to
Q. you ever use a
4 cane?
5 A. No.
6
Q. How about another type of assistive
7
walking device like crutches?
8 A. No.
9 Q. What about a walker?
10 A. No.
11 Q. Do you have a primary medical
12 provider like a primary physician?
13 A. Yes.
14 Q. Who 1s your primary?
15 A. His name 1s Dr. Wu.
16 Q. Is that W-U?
17 A. Yes.
18 Q. How long have you been seeing Dr. Wu?
19 A. About eight years.
20 Q. And he was your primary before the
21 date of this accident that brought us here
22 today?
23 A. Yes.
24 Q. How often do you see Dr. Wu?
25 A. I see him about every six months.
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FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023
RAY JACKSON June 14, 2022
RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 16
1 R. Jackson
2 Q. What kind of treatment does he
3
provide for you?
4 A. No treatment. He just gives me
5 checkups.
6 Q. Does he run blood work?
any
7 A. Yes.
8 Q. Aside from Dr. Wu, before the
9 accident occurred, were you treating with any
10 other doctors, any othe
Preview
FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 EXHIBIT 3 FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 COPY In the Matter Of: RA Y JACKSON V. V AN BLARKOM CLOSURE, INC. RAY JACKSON June 14, 2022 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 1 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 3 -------------------------------- 4 RAY JACKSON, 5 Plaintiff, 6 -against- Index Number 512150/2020 7 VAN BLARCKOM CLOSURES, INC., 8 Defendant. 9 -------------------------------- 10 11 REMOTE DEPOSITION of RAY JACKSON, the 12 Plaintiff herein, pursuant to Court Order, witness 13 located in the Law Office of Subin Associates, New 14 York, New York, held on June 14, 2022, commencing 15 at 10:50 a.m., and before Helene Gruber, a 16 certified shorthand reporter and notary public 17 within and for the state of New York. 18 19 20 21 22 23 24 25 ESQQlBJ; 800.211.DEPO (3376) EsquireSolutions.com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 2 1 2 A P P E A R A N C E S 3 SUBIN ASSOCIATES 4 Attorneys for Plaintiff 5 150 Broadway, 23rd Floor 6 York 10038 New York, New 7 BY: HOWARD ADELSBERG, ESQ. 8 9 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY 10 Attorneys for Defendant 11 1500 Broadway, Suite 2401 12 New York, New York 10036 13 BY: JERRY L. LYNCH, ESQ. 14 15 16 17 18 19 20 21 22 23 24 25 ESQU,J.Jlu 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 3 1 2 3 4 STIPULATIONS 5 IT IS HEREBY STIPULATED, by and between the 6 for the that: attorneys respective parties hereto, 7 All rights provided by the CPLR and Part 8 221 of the Uniform Rules for the Conduct of 9 Depositions, including the right to object to any 10 question, except as to form, or to move to strike 11 any testimony at this examination is reserved; and 12 in addition, the failure to object to any question 13 or to move to strike any testimony at this 14 examination shall not be a bar or waiver to make 15 such motion at, and is reserved to, the trial of 16 this action. 17 This deposition may be sworn to by the 18 witness being examined before a Notary Public 19 other than the Notary Public before whom this 20 examination was begun, but the failure to do so or 21 to return the original of this deposition to 22 counsel, shall not be deemed a waiver of the 23 rights provided by Rule 3116 of the CPLR, and 24 shall be controlled thereby. 25 The filing of the original of this ESQ1JIBJ 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 4 1 2 deposition is waived. 3 IT IS FURTHER that of STIPULATED, a copy 4 this examination shall be furnished to the 5 attorney for the witness being examined without 6 charge. 7 8 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ESQ1JlBJ;. 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 5 1 R. Jackson 2 COURT REPORTER: Please state your 3 name and address. 4 THE WITNESS: Ray Jackson; 918 Kent 5 Avenue, Apartment 208, Brooklyn, New York 6 11205. 7 (The parties stipulate to the witness 8 being sworn remotely.) 9 RAY JACKSON, 10 Having first been duly sworn, was examined and 11 testified as follows: 12 EXAMINATION 13 BY MR. LYNCH: 14 Q. Good morning, Mr. Jackson. 15 A. Good morning. 16 Q. My name is Jerry Lynch. I am an 17 attorney with Weber Gallagher Simpson Stapleton 18 Fires & Newby, and we represent Van Blarckom 19 Closures in this action. 20 I am going to be asking you a series 21 of questions today at this deposition, and 22 it's going to be about the action that you 23 brought. We are here to learn your side of 24 the story. 25 I am just going to go over a few ESQ1JlBJ 800.211.DEPO (3376) EsquireSolutions.com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 6 1 R. Jackson 2 simple rules that hopefully we can follow to 3 make it the most seamless process possible, 4 because like the court reporter said, over 5 Zoom, we can only take down one at a person 6 time, take down one person's statements at a 7 time. 8 If understand you don't a question I 9 have asked, please, please, let me know, and I 10 will gladly repeat or rephrase it as best I 11 can. 12 If you need to take a break at any 13 time for any reason, just let me know and I 14 will be happy to accommodate, okay? 15 A. Okay. 16 Q. The only rule about taking a break is 17 that I am going to ask that if a question is 18 pending, such as if I have asked a question and 19 you haven't yet answered it, I will just ask 20 you answer the question before we take the 21 break. Is that okay? 22 A. Yes. 23 Q. Like I was saying before, when I am 24 speaking, if you could allow me to complete my 25 question, and when you are speaking, I am going ESQQlBJ; 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 7 1 R. Jackson 2 to allow you to complete your answer so that 3 only one of us is speaking at a time. 4 There might be times where you 5 anticipate the question that I am about to 6 ask. know maybe what You are going to I am 7 about to say, but I will still just ask that 8 you let me finish what I am asking for a clear 9 record, and I am going to let you finish what 10 you answered for the same clearness. Is that 11 okay? 12 A. Yes. 13 Q. If you answer a question, I am going 14 to assume that you understood it, okay? 15 A. Yes. 16 Q. All of your answers should be verbal, 17 so if you could avoid nodding your head or 18 shrugging your shoulders, or even answering 19 with uh uh, because the court reporter is just 20 going to ask you to clarify whether that's yes, 21 no, or something else. Is that okay? 22 A. Yes. 23 Q. I'll ask during this interview, we 24 will call it, that you not guess, so if you 25 don't recall something or you don't know ESQ1JIBJ 800.211.DEPO (3376) EsquireSolutions.com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 8 1 R. Jackson 2 Please don't something, just say so. guess. 3 There don't may be times, though, where you 4 recall specific dates and I will ask you for an 5 approximation, or maybe a measurement or 6 something like that. We will ask you to come 7 as close as possible, so try as best you can to 8 answer those. 9 Lastly, if you could just keep your 10 voice up for the benefit of myself, the 11 reporter, and the other attorney here, that 12 would be great. Does all that make sense? 13 A. Yes. 14 Q. Okay, great. Have you reviewed any 15 materials before today's deposition, anything 16 like paperwork, documents, something like that? 17 A. Yes. 18 Q. What did you review? 19 A. Documents about what I had to go 20 through. 21 Q. Like what? 22 A. What I am about to go through with 23 the lawyer, and he is talking about this -- 24 Q. I apoloqize. I am qoinq to stop you 25 just briefly. I don't want to hear or know ESQ1JlBJ; 800.211.DEPO (3376) EsquireSolutions.com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 9 1 R. Jackson 2 anything about any of the communications you 3 have had with your lawyer. I just want to let 4 you know that. 5 A. Okay. 6 Q. If it is a conversation with your 7 lawyer, I don't want to hear about it, okay? 8 A. Yes. 9 Q. I should have said that earlier. I'm 10 sorry. So if you could tell me about the 11 documents you reviewed, but don't talk to me 12 about anything that you did with your lawyer, 13 that would be preferred. 14 MR. ADELSBERG: Mr. Lynch, if I may 15 assist you on this very brief question so 16 we can get over this hurdle, other than 17 the photographs that I sent you, unless 18 there is something else that I am not 19 aware of, you could ask him whether he 20 reviewed anything other than those 21 photographs. 22 Q. Did you review anything other than 23 the photographs your attorney just mentioned, 24 sir? 25 A. We reviewed the photographs. That's ESQlilBJ 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 10 1 R. Jackson 2 it. 3 Q. Only the photographs? 4 A. Yes. 5 Q. Did you review any of your prior 6 testimony? 7 A. No. 8 Q. Are medications that you on any might 9 affect your ability to testify truthfully 10 today? 11 A. No. 12 Q. Have you had any alcohol in the last 13 24 hours? 14 A. No. 15 Q. Have you ever been known by any other 16 name? 17 A. No. 18 Q. Do you have any aliases that you have 19 ever gone by? 20 A. No. 21 Q. What is your middle name, sir? 22 A. Michael. 23 Q. May I have your date of birth, for 24 the record, please? In the transcript we are 25 just going to leave Xs. 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 11 1 R. Jackson 2 A. xx-xx-xxxx. 3 Q. XX-XX-XXX; lS that what I heard? 4 A. xx-xx. 5 Q. May I have your Social Security 6 number, please? We are just going to leave X's 7 in the record. 8 A. XXX-XX-XXXX. 9 Q. Are you a recipient of Medicare or 10 Medicaid, sir? 11 A. Yes. 12 Q. Which one? 13 A. Medicaid. 14 Q. When did you begin receiving 15 Medicaid? 16 A. About four years ago. About four 17 years ago. 18 Q. Does 2018 sound accurate? 19 A. Yes. 20 Q. Do you currently have other health 21 insurance like MetroPlus or anything else? 22 A. No. Just MetroPlus. 23 Q. You do have MetroPlus? 24 A. Yes. 25 Q. And how long have you been with ESQ1JlBJ; 800.211.DEPO (3376) EsquireSolutions.com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 12 1 R. Jackson 2 MetroPlus? 3 A. Four years. 4 Q. I am sorry. I had asked earlier 5 about Medicaid. Are you saying that MetroPlus 6 lS it is through the exchange? 7 They the A. are same entity. 8 Q. You are getting your coverage through 9 the exchange, right? 10 A. When you are on Medicaid, they give 11 you a coverage. They got different coverages, 12 and I got MetroPlus through the Medicaid. 13 Q. Do you rent or own your apartment at 14 918 Kent Avenue? 15 A. Excuse me? 16 Q. Do you rent your apartment at 918 17 Kent Avenue? 18 A. I rent it. 19 Q. How long have you lived there? 20 A. Eight years. 21 Q. What floor is your apartment on? 22 A. Two. 23 Q. Is your building a walk-up building, 24 or does it have an elevator? 7.5 A. It's a walk-up building. ESQ1JlBJ; 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 13 1 R. Jackson 2 Q. As we sit here today, are you 3 currently on any type of medication be it for 4 anything at all? 5 A. No.· 6 Q. You don't take of any type 7 prescription medications to manage any type of 8 condition or anything like that? 9 A. No. 10 Q. Are there any medications that you 11 are prescribed that you did not take today or 12 you decided not to take today? 13 A. No. 14 Q. When you go to a doctor's visit, are 15 you truthful about the information that you 16 give to your doctor? 17 A. Yes. 18 MR. ADELSBERG: Note my objection as 19 to the form of the question, but I will 20 allow him to answer it. 21 Q. Do you go to the doctor ever, sir? 22 A. Yes. 23 Q. Have you ever visited a doctor 24 before? 25 A. Yes. ESQ1JlßJ 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 14 1 R. Jackson 2 Q. And when to the doctor, are you go 3 truthful with the information you you provide 4 them? 5 A. Yes. 6 Aside from Q. your attorneys -- please 7 don't tell me about any communications you had 8 with your attorney -- aside from that, have you 9 spoken to anyone else about this lawsuit? 10 A. No. 11 Do you have any preexisting 12 conditions or diseases or anything like that? 13 A. No. 14 Q. Do you smoke cigarettes? 15 A. Excuse me? 16 Q. Do you smoke cigarettes? 17 A. Yes. 18 Q. Has a doctor ever said that you 19 suffer from dizziness? 20 A. No. 21 Q. Has a doctor ever said that you 22 suffer from fainting or bouts of fainting? 23 A. No. 24 Q. Have you ever been prescribed any 25 medications for dizziness or fainting? 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 15 1 R. Jackson 2 A. No. 3 Have been told to Q. you ever use a 4 cane? 5 A. No. 6 Q. How about another type of assistive 7 walking device like crutches? 8 A. No. 9 Q. What about a walker? 10 A. No. 11 Q. Do you have a primary medical 12 provider like a primary physician? 13 A. Yes. 14 Q. Who 1s your primary? 15 A. His name 1s Dr. Wu. 16 Q. Is that W-U? 17 A. Yes. 18 Q. How long have you been seeing Dr. Wu? 19 A. About eight years. 20 Q. And he was your primary before the 21 date of this accident that brought us here 22 today? 23 A. Yes. 24 Q. How often do you see Dr. Wu? 25 A. I see him about every six months. ESQ1JlB 800.211.DEPO (3376) EsquireSolutions. com FILED: KINGS COUNTY CLERK 04/10/2023 03:52 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 04/10/2023 RAY JACKSON June 14, 2022 RAY JACKSON V. VAN BLARKOM CLOSURE,INC. 16 1 R. Jackson 2 Q. What kind of treatment does he 3 provide for you? 4 A. No treatment. He just gives me 5 checkups. 6 Q. Does he run blood work? any 7 A. Yes. 8 Q. Aside from Dr. Wu, before the 9 accident occurred, were you treating with any 10 other doctors, any othe