Preview
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___-----------------------------------------x
MELINDA ANKUM,
Plaintiff,
Index No.
- against - 603197/2021
FAIRFIELD VILLAGE AT CORAM, LLC & LAWN RAIDERS INC,
Defendants.
--------------------------------------------x
FAIRFIELD VILLAGE AT CORAM,
Third-Party Plaintiff,.
- against -
LAWN RAIDERS INC,
Third-Part Defendant.
--------------------------------------------x
(Via Zoom Videoconference)
March 20, 2023
10:15 a.m.
DEPOSITION of BARRY ROSE, Defendant,
taken by Plaintiff, pursuant to Article 31 of the
Civil Practice Law and Rules of Testimony, and Order,
held at the above-noted time and place, before Chana
Piekarski, a Stenotype Reporter and Notary Public
within and for the State of New York. .
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
2
1 A P P E A R A N C E S:
2
3 PALERMO LAW, PLLC, .
Attorney for Plaintiff
4 1300 Veterans Memoria Highway, Ste 320
Hauppage, New York 11788
5
BY: STEVEN PALERMO, ESQ. .
6
7
' .'
8
9 BRODY, O'CONNOR & O'CONNOR ESQS.,
10 Attorneys for Defendant: FAIRFIELD
11 . VILLAGE AT CORAM, LLC.
12 7 Bayview Ave.
13 New York 11768 "
Northport,
14
15 BY: MICHAEL FEINER, ESQ.
16
17
18
,
19 . .GOETZ SCHENKER BLEE & WIEDERHORN,
20 Attorneys .for Defendant: LAWN RAIDERS
21 INC.
22 101 Greenwich Street, 20th floor
23 New York, New York 10006
24
25 BY: LISA KRAMER, ESQ.
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 STIPULATIONS
2
3 IT IS HEREBY STIPULATED, by and between the
4 attorneys for the respective parties hereto, that:
5 All rights provided by the CPLR, and Part 221
6 of the Uniform Rules for the Conduct of Depositions, including
7 the right to object to any question, except as to form, or to
8 move to strike any testimony at this examination is reserved; and
9 in addition, the failure to object to any question or to move to
10 strike any testimony at this examination shall not be
11 a bar or waiver to make such motion at, and is reserved to, the
12 trial of this action.
13 This deposition may be sworn to by the witness
14 being examined before a Notary Public other than the Notary
15 Public before whom this examination was begun, but the failure to
16 do so or to return the original of this deposition to counsel,
17 shall not be deemed a waiver of the rights provided by
18 Rule 3116 of the CPLR, and shall be controlled
19 thereby. The filing of the original of this
20 deposition is waived.
21 IT IS FURTHER STIPULATED, that a of this
copy
22
23 examination shall be furnished to the for the
attorney
24
25 witness being examined without charge.
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 P R O C E E D I N G S
2 THE REPORTER: The attorneys
3 participating in this deposition
4 acknowledge that I am not physically
5 present in the deposition room and that I
6 will be reporting this deposition
7 remotely.
8 They further acknowledge that, in lieu
9 of an oath administered in person, I will
10 administer the oath remotely.
11 The parties and their counsel consent to
12
13 this arrangement and waive objections
any
14
15 to this manner of reporting. Please
16
17 indicate your agreement your
by stating
18
19 Name and your agreement on the record.
20
.
21 MR. PALERMO: I agree.
22
23 MR. FEINER: I agree.
24
25 MS. KRAMER: I agree..
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 Barry Rose
2 B A R R Y R O S E,
3 Defendant, having first been duly sworn by the Notary
4 Public, was examined and testified as follows:
5 THE REPORTER: Please state your
6 name and address for the record.
7 THE WITNESS: Barry Rose. 12
8 Oxford Drive, Port Jefferson Station, New
9 York 11776.
10 EXAMINATION BY
11 MR. PALERMO:
12 Q Good morning, Mr. Rose. My name is
13 Steven Palermo, and I represent a woman named Melinda
14 Ankum with respect to an incident that occurred on
15 December, December 18 of 2020.
16 This I'm to be you
morning going asking
17 some questions with respect to that incident. If at
18 any time you don't understand one of questions, let
my
19 me know and I'll rephrase it for you.
20 I ask that you wait until I finish
fully
21 asking the question before you give a response; this
22 way the court reporter can transcribe we're
everything
23 saying.
24 And finally, I ask that you make all of
25 your answers verbal. The court reporter she
can't,
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 Barry Rose
2 can't dictate gestures like the waving of your arms or
3 of your head or anything like that; okay?
nodding
4 A Yes.
5 Q Are you familiar with a company called
6 Lawn Raiders Incorporated?
7 A Yes.
8 Q How do you know that company?
9 A I own it.
10 Q And how long htve you owned it?
11 A Roughly 30 years.
12 Q And that, that company is incorporated?
13 A I'm sorry?
14 Q It's incorporated; correct?
15 A Yes.
16 Q And what's your position at the
17 corporation? Are you an executive officer or
18 something else?
19 A I'm the president.
20 Q President, okay.
21 And what type of business is Lawn
22 Raiders?
23 A It's a commercial maintenance and
24 construction company, landscape construction.
25 Q And do you guys do snow removal in the
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 Barry Rose
2 winters?
.
3 A We do.
4 Q For the 30 years you've been in
5 business, how long have you been doing snow removal?
6 A About 15.
7 Q And would that be the preceding 15 years
8 dating from today going back 15 years?
9 A Yes.
10 Q Currently, how many employees does Lawn
11 Raiders have?
12 A 20.
13 Q And back in December of 2020, how many
14 employees?
15 A Same, 20.
16 Q Does it vary by season?
17 A Minimally.
18 Q And as the president, what are your
19 daily job responsibilities?
20 A Oversee operations, deal with vendors,
21 deal with Fairfield managers, handle
Property
22 depositions.
23 Q You mentioned Fairfield.
24 Is that one of your accounts?
,
25 A Yes.
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
8
1 Barry Rose
"Fairfield,"
2 Q And when you say do you
-- specific? -- know
3 have can you be more Is it I
4 there are multiple Fairfields?
5 A Well, it's Fairfield Properties
6 corporate. And we deal with properties, you know,
7 under their ownership.
8 How properties do you -- are you
Q many
9 responsible for with regard to Fairfield?
10 A From a maintenance perspective or snow
11 perspective or construction perspective?
12 Q Okay. That's a good point.
13 don't we start -- since this is a
Why
14 case about snow and ice, why don't we start with that?
15 A A dozen, 12.
16 Q And is one of those properties Fairfield
17 Village at Coram?
18 A It is.
19 Q And how have you been snow
long doing
20 removal from that location?
21 A I think about four years. It's a
22 relatively new for Fairfield, five years
property
23 maybe.
24 Q On December was your
18, 2020, company
25 Lawn Raiders Incorporated responsible for snow removal
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 Barry Rose
2 at that property?
3 A We were, in conjunction with Fairfield
4 staff.
5 Q Does that mean you had shared duties?
6 Is what you mean by that?
7 A Implied. I have a contract.
8 Okay. What -- when you in
Q say
9 conjunction, in conjunction with them, what were you
10 responsible for as Lawn Raiders?
11 A Well, we would be responsible for
12 plowing the roads, the sidewalks, road
clearing
13 salting, road sanding, and ice melt to the
applying
14 sidewalks.
15 But a Fairfield representative, either
16 the supervisor or one of his minions, would typically
17 go out before we would be dispatched and start plowing
18 the roadways. Contractually, we don't go out until
19 there's a minimum of two inches of snow on the ground.
20 "roadway,"
Q Now when you say does that
21 include lots as well?
parking
22 A that is the when I
Yes, parking lot, say
23 roadways, yes.
24 Q There are roads throughout the village,
25 Fairfield Village; correct?
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
10
1 Barry Rose
2 A Correct.
3 Q And there are parking lots as well?
4 A There's head-in parking. It's not a
5 specific parking lot. It's head-in parking off the
6 roadway.
7 Q And you would do both of those things
8 then -- the --
parking
9 A No, we wouldn't do parking spaces, no,
10 no.
11 MS. KRAMER: Just let him finish
12 the question before you answer, Barry.
13 THE WITNESS: Sorry.
14 Q So when you you wouldn't do
say parking
15 spaces, you're saying you'd do the roadways; but when
16 it came to where the cars park in stalls,
parking
17 that's not that you would clear snow from?
something
18 A No, no.
19 "No,"
Q you wouldn't clear snow from them?
20 A No.
21 Q What if spaces were would
parking empty,
22 you clear them?
23 A Yes. You know, if there was a large
24 enough run of spaces. In other if there were
words,
25 three, four, fix, six spaces we would push the
open,
Enright Court Reporting (631)·589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
1 Barry Rose
2 snow. If there was one space open, we obviously
3 couldn't do that.
4 Q And if there multiple cars parked in
5 spaces, you wouldn't clear between the cars?
6 A Impossible.
7 Q Well, I mean, doesn't seem like it would
8 be impossible; just seems like it was something you
9 wouldn't do?
10 MS. KRAMER: Objection to form.
11 Q Could somebody have shoveled between the
12 cars?
13 A No.
14 Q I mean, I'm not saying you or your
15 company, but a person in general could've have
16 shoveled snow between cars; correct?
17 MR. PALERMO: Objection. He --
18 answer what you were contracted
sir, only
19 to do.
20 MS. KRAMER: Objection.
21 Q So is it your your
testimony company
22 wasn't contracted to clear snow between cars?
23 A No.
24 Q Was your contracted to clear
company
25 snow between cars?
Enright Court Reporting (631) 589-7788
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023
12
1 Barry Rose
2 A No. .
3 Q Had you ever been at that location
4 during a snow cleaning event when your company was
5 there?
6 A Yes.
7 Q And did you ever see anybody clearing
8 snow from in between cars, whether it be somebody from
9 your company or any other company?
10 A I've seen residents cleaning their cars,
11 yes.
12 Q Had you ever seen anybody from Fairfield
13 Village at Coram cleaning in between cars?
14 A I don't recall, no.
15 Q In your company, back in December of
Preview
FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___-----------------------------------------x MELINDA ANKUM, Plaintiff, Index No. - against - 603197/2021 FAIRFIELD VILLAGE AT CORAM, LLC & LAWN RAIDERS INC, Defendants. --------------------------------------------x FAIRFIELD VILLAGE AT CORAM, Third-Party Plaintiff,. - against - LAWN RAIDERS INC, Third-Part Defendant. --------------------------------------------x (Via Zoom Videoconference) March 20, 2023 10:15 a.m. DEPOSITION of BARRY ROSE, Defendant, taken by Plaintiff, pursuant to Article 31 of the Civil Practice Law and Rules of Testimony, and Order, held at the above-noted time and place, before Chana Piekarski, a Stenotype Reporter and Notary Public within and for the State of New York. . Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 2 1 A P P E A R A N C E S: 2 3 PALERMO LAW, PLLC, . Attorney for Plaintiff 4 1300 Veterans Memoria Highway, Ste 320 Hauppage, New York 11788 5 BY: STEVEN PALERMO, ESQ. . 6 7 ' .' 8 9 BRODY, O'CONNOR & O'CONNOR ESQS., 10 Attorneys for Defendant: FAIRFIELD 11 . VILLAGE AT CORAM, LLC. 12 7 Bayview Ave. 13 New York 11768 " Northport, 14 15 BY: MICHAEL FEINER, ESQ. 16 17 18 , 19 . .GOETZ SCHENKER BLEE & WIEDERHORN, 20 Attorneys .for Defendant: LAWN RAIDERS 21 INC. 22 101 Greenwich Street, 20th floor 23 New York, New York 10006 24 25 BY: LISA KRAMER, ESQ. Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 STIPULATIONS 2 3 IT IS HEREBY STIPULATED, by and between the 4 attorneys for the respective parties hereto, that: 5 All rights provided by the CPLR, and Part 221 6 of the Uniform Rules for the Conduct of Depositions, including 7 the right to object to any question, except as to form, or to 8 move to strike any testimony at this examination is reserved; and 9 in addition, the failure to object to any question or to move to 10 strike any testimony at this examination shall not be 11 a bar or waiver to make such motion at, and is reserved to, the 12 trial of this action. 13 This deposition may be sworn to by the witness 14 being examined before a Notary Public other than the Notary 15 Public before whom this examination was begun, but the failure to 16 do so or to return the original of this deposition to counsel, 17 shall not be deemed a waiver of the rights provided by 18 Rule 3116 of the CPLR, and shall be controlled 19 thereby. The filing of the original of this 20 deposition is waived. 21 IT IS FURTHER STIPULATED, that a of this copy 22 23 examination shall be furnished to the for the attorney 24 25 witness being examined without charge. Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 P R O C E E D I N G S 2 THE REPORTER: The attorneys 3 participating in this deposition 4 acknowledge that I am not physically 5 present in the deposition room and that I 6 will be reporting this deposition 7 remotely. 8 They further acknowledge that, in lieu 9 of an oath administered in person, I will 10 administer the oath remotely. 11 The parties and their counsel consent to 12 13 this arrangement and waive objections any 14 15 to this manner of reporting. Please 16 17 indicate your agreement your by stating 18 19 Name and your agreement on the record. 20 . 21 MR. PALERMO: I agree. 22 23 MR. FEINER: I agree. 24 25 MS. KRAMER: I agree.. Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 Barry Rose 2 B A R R Y R O S E, 3 Defendant, having first been duly sworn by the Notary 4 Public, was examined and testified as follows: 5 THE REPORTER: Please state your 6 name and address for the record. 7 THE WITNESS: Barry Rose. 12 8 Oxford Drive, Port Jefferson Station, New 9 York 11776. 10 EXAMINATION BY 11 MR. PALERMO: 12 Q Good morning, Mr. Rose. My name is 13 Steven Palermo, and I represent a woman named Melinda 14 Ankum with respect to an incident that occurred on 15 December, December 18 of 2020. 16 This I'm to be you morning going asking 17 some questions with respect to that incident. If at 18 any time you don't understand one of questions, let my 19 me know and I'll rephrase it for you. 20 I ask that you wait until I finish fully 21 asking the question before you give a response; this 22 way the court reporter can transcribe we're everything 23 saying. 24 And finally, I ask that you make all of 25 your answers verbal. The court reporter she can't, Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 Barry Rose 2 can't dictate gestures like the waving of your arms or 3 of your head or anything like that; okay? nodding 4 A Yes. 5 Q Are you familiar with a company called 6 Lawn Raiders Incorporated? 7 A Yes. 8 Q How do you know that company? 9 A I own it. 10 Q And how long htve you owned it? 11 A Roughly 30 years. 12 Q And that, that company is incorporated? 13 A I'm sorry? 14 Q It's incorporated; correct? 15 A Yes. 16 Q And what's your position at the 17 corporation? Are you an executive officer or 18 something else? 19 A I'm the president. 20 Q President, okay. 21 And what type of business is Lawn 22 Raiders? 23 A It's a commercial maintenance and 24 construction company, landscape construction. 25 Q And do you guys do snow removal in the Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 Barry Rose 2 winters? . 3 A We do. 4 Q For the 30 years you've been in 5 business, how long have you been doing snow removal? 6 A About 15. 7 Q And would that be the preceding 15 years 8 dating from today going back 15 years? 9 A Yes. 10 Q Currently, how many employees does Lawn 11 Raiders have? 12 A 20. 13 Q And back in December of 2020, how many 14 employees? 15 A Same, 20. 16 Q Does it vary by season? 17 A Minimally. 18 Q And as the president, what are your 19 daily job responsibilities? 20 A Oversee operations, deal with vendors, 21 deal with Fairfield managers, handle Property 22 depositions. 23 Q You mentioned Fairfield. 24 Is that one of your accounts? , 25 A Yes. Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 8 1 Barry Rose "Fairfield," 2 Q And when you say do you -- specific? -- know 3 have can you be more Is it I 4 there are multiple Fairfields? 5 A Well, it's Fairfield Properties 6 corporate. And we deal with properties, you know, 7 under their ownership. 8 How properties do you -- are you Q many 9 responsible for with regard to Fairfield? 10 A From a maintenance perspective or snow 11 perspective or construction perspective? 12 Q Okay. That's a good point. 13 don't we start -- since this is a Why 14 case about snow and ice, why don't we start with that? 15 A A dozen, 12. 16 Q And is one of those properties Fairfield 17 Village at Coram? 18 A It is. 19 Q And how have you been snow long doing 20 removal from that location? 21 A I think about four years. It's a 22 relatively new for Fairfield, five years property 23 maybe. 24 Q On December was your 18, 2020, company 25 Lawn Raiders Incorporated responsible for snow removal Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 Barry Rose 2 at that property? 3 A We were, in conjunction with Fairfield 4 staff. 5 Q Does that mean you had shared duties? 6 Is what you mean by that? 7 A Implied. I have a contract. 8 Okay. What -- when you in Q say 9 conjunction, in conjunction with them, what were you 10 responsible for as Lawn Raiders? 11 A Well, we would be responsible for 12 plowing the roads, the sidewalks, road clearing 13 salting, road sanding, and ice melt to the applying 14 sidewalks. 15 But a Fairfield representative, either 16 the supervisor or one of his minions, would typically 17 go out before we would be dispatched and start plowing 18 the roadways. Contractually, we don't go out until 19 there's a minimum of two inches of snow on the ground. 20 "roadway," Q Now when you say does that 21 include lots as well? parking 22 A that is the when I Yes, parking lot, say 23 roadways, yes. 24 Q There are roads throughout the village, 25 Fairfield Village; correct? Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 10 1 Barry Rose 2 A Correct. 3 Q And there are parking lots as well? 4 A There's head-in parking. It's not a 5 specific parking lot. It's head-in parking off the 6 roadway. 7 Q And you would do both of those things 8 then -- the -- parking 9 A No, we wouldn't do parking spaces, no, 10 no. 11 MS. KRAMER: Just let him finish 12 the question before you answer, Barry. 13 THE WITNESS: Sorry. 14 Q So when you you wouldn't do say parking 15 spaces, you're saying you'd do the roadways; but when 16 it came to where the cars park in stalls, parking 17 that's not that you would clear snow from? something 18 A No, no. 19 "No," Q you wouldn't clear snow from them? 20 A No. 21 Q What if spaces were would parking empty, 22 you clear them? 23 A Yes. You know, if there was a large 24 enough run of spaces. In other if there were words, 25 three, four, fix, six spaces we would push the open, Enright Court Reporting (631)·589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 1 Barry Rose 2 snow. If there was one space open, we obviously 3 couldn't do that. 4 Q And if there multiple cars parked in 5 spaces, you wouldn't clear between the cars? 6 A Impossible. 7 Q Well, I mean, doesn't seem like it would 8 be impossible; just seems like it was something you 9 wouldn't do? 10 MS. KRAMER: Objection to form. 11 Q Could somebody have shoveled between the 12 cars? 13 A No. 14 Q I mean, I'm not saying you or your 15 company, but a person in general could've have 16 shoveled snow between cars; correct? 17 MR. PALERMO: Objection. He -- 18 answer what you were contracted sir, only 19 to do. 20 MS. KRAMER: Objection. 21 Q So is it your your testimony company 22 wasn't contracted to clear snow between cars? 23 A No. 24 Q Was your contracted to clear company 25 snow between cars? Enright Court Reporting (631) 589-7788 FILED: SUFFOLK COUNTY CLERK 09/18/2023 04:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/18/2023 12 1 Barry Rose 2 A No. . 3 Q Had you ever been at that location 4 during a snow cleaning event when your company was 5 there? 6 A Yes. 7 Q And did you ever see anybody clearing 8 snow from in between cars, whether it be somebody from 9 your company or any other company? 10 A I've seen residents cleaning their cars, 11 yes. 12 Q Had you ever seen anybody from Fairfield 13 Village at Coram cleaning in between cars? 14 A I don't recall, no. 15 Q In your company, back in December of