Preview
FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
"L"
EXHIBIT
FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 MR. NWOKORO: Plaintiff so stipulates.
2 MR. RISO: Defendant so stipulates as well.
3 THE COURT: The case is with you, Mr. Riso.
4 MR. RISO: Thank you, judge. I'd like to call
5 Mr. Lawrence Mathe to the stand.
6 THE COURT: Come on up, sir.
7 L A W R E N C E M A T H E, having been duly
8 sworn, testified as follows:
9 COURT CLERK: State and spell your name for the
10 record.
11 THE WITNESS: Lawrence Mathe, L-A-W-R-E-N-C-E
12 M-A-T-H-E, Mathe.
13 THE COURT: Mr. Mathe, you've heard me go over
14 this with all the other witnesses, same for you, four
15 rules. Speak in a loud clear voice, Number 1, Number 2,
16 wait for the question to be completed before you answer.
17 Number 3, one voice at a time, don't talk on top of
18 anyone, no one should talk on top of you. And fourth, if
19 you hear the word objection, stop so I can rule.
20 Got all that, sir?
21 THE WITNESS: Yes, sir.
22 THE COURT: Wonderful. You may inquire.
23 MR. RISO: Thank you, judge.
24 DIRECT EXAMINATION BY MR. RISO:
25 Q. Good afternoon, Mr. Mathe.
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FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 A. Good afternoon.
2 Q. Mr. Mathe, where do you currently reside?
3 A. 405 Greeley Avenue, Staten Island 10306.
4 Q. And what type of home is that?
5 A. It's a single family home.
6 Q. And are you married?
7 A. Yes.
8 Q. And who's your wife?
9 A. Carmen Mathe.
10 Q. And she's here today?
11 A. She's here, right here.
12 Q. Do you have any children?
13 A. Yes, we have two grown adult male children.
14 Q. Any grandchildren?
15 A. Five grandchildren.
16 Q. And are you currently employed?
17 A. No, I'm retired from the New York City Fire
18 Department.
19 Q. What did you do at the New York City Fire Department?
20 A. I was a Firefighter.
21 Q. For how many years?
22 A. Forty years and four months.
23 Q. And how old are you today?
24 A. 83.
25 Q. And are you retired from anything else?
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FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 A. Yes, well, I was a part-time teacher also, special
2 education teacher.
3 Q. New York City?
4 A. Yes.
5 Q. And when did you first --
6 Do you own 405 Greeley Avenue in Staten Island?
7 A. Yes, we do, yes.
8 Q. When did you buy that?
9 A. I think it was 1978.
10 Q. And explain what it looked like back in 2001, did it
11 have a gate around it?
12 THE COURT: 2001 or 2021?
13 Q. '21.
14 A. Well, the house is on the corner of Greeley Avenue
15 and Rudyard, R-U-D-Y-A-R-D, Street, it's on the corner.
16 Q. Does it have a fence around it?
17 A. Yes, it has a fence around the house, yes, a metal
18 fence, yes.
19 Q. Is it a see-through kind of fence?
20 A. Yes.
21 Q. What's it made out of?
22 A. Metal.
23 Q. And do you have a cage or a place where cats are kept
24 in the backyard?
25 A. Yes, my wife has a cage on the side of the house
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FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 where we use for storage and she used to use it for -- to put
2 cats in.
3 Q. How many cats does your wife normally have?
4 A. She's got about 30 cats. Between 30 and at one time
5 she might have had 40.
6 Q. At the time in May 27, 2021 how many cats did she
7 have?
8 A. She had 30 or 40 cats.
9 Q. So, here's the big question: Did you ever have a
10 dog?
11 A. No, we never had a dog, no.
12 Q. Did you ever have somebody's dog that you were
13 watching?
14 A. Never watched anybody's dog, no.
15 Q. On May 27th did you take a dog in and put him in the
16 cat cage?
17 A. No, I did not.
18 Q. Did you hear any barking?
19 A. No, I did not hear any barking, no.
20 THE COURT: Let the question finish before you
21 answer it. Don't jump the question, please.
22 Q. So, at some point the plaintiff came to your
23 property, tell us how that happened.
24 A. Well, our telephone was out of service from Spectrum
25 and we called to have somebody repair it and they sent a
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FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 repairman to repair the phone.
2 Q. That's the plaintiff here?
3 A. Yes.
4 Q. So, how did he come to your house, did he ring the
5 bell, what did he do?
6 A. He rang the bell as I recall, yes.
7 Q. And who answered?
8 A. I answered the phone. I answered the door.
9 Q. And did he say anything to you at that time?
10 A. I guess he asked what the problem was and I explained
11 to him that the telephone was out of service.
12 Q. And did he ask anything about pets in the home?
13 A. Not at that time, no.
14 Q. And did he stay in the house looking to fix whatever
15 the problem was or did he go outside?
16 A. I believe he came in, we have one phone downstairs
17 and then another phone upstairs in the house and I think he
18 looked at the one in the kitchen, that's the main phone and
19 then I think he went outside after that.
20 Q. Did you ever go outside to see what he was doing?
21 A. Yes, at one point I did go outside, you know, but
22 then rather than stand over his shoulder as he's doing the work
23 I went back in the house.
24 Q. And how long were you outside with him?
25 A. Not that long, a few minutes.
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FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 Q. And when you were outside did you hear any dogs
2 barking in your property or somebody else's property, anywhere?
3 A. No, I did not hear any dogs barking or see any dogs,
4 no.
5 Q. Did you go to the cage, was there any animals in the
6 cage?
7 A. No, there was no animals in the cage, no.
8 Q. And then you went inside you said at some point?
9 A. Yes.
10 Q. And what did you do when you went inside?
11 A. Well, when I went inside I think I went upstairs, I
12 was washing my hands and face in the bathroom upstairs.
13 Q. And from the time you went inside did something
14 happen?
15 A. Well, when I was up there the doorbell rang and I
16 heard my wife's voice and I came down and that's when I saw the
17 defendant --
18 THE COURT: The defendant?
19 A. The plaintiff with a cut in his leg, a cut in his
20 knee and he said he was bitten by a dog.
21 Q. And how much time elapsed from the time you went
22 inside to the time you were called because something had
23 occurred because the plaintiff was bit by a dog?
24 A. A few minutes, 5, 10 minutes, I guess, maybe.
25 Q. Did you go and assist your wife in helping the
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FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023
Direct-Defense-Lawrence Mathe
1 plaintiff?
2 A. Yes, I went down, we saw the cut in the leg and I
3 went in, she asked me to get some peroxide and bandages and
4 then she took the peroxide and the bandages and applied it on
5 his leg.
6 Q. And did you, when you went outside did you look for a
7 dog? Did you see this dog?
8 A. No, I did not see any dog, it had run off.
9 Q. And you went outside and I'm assuming you felt bad
10 that he got bit by a dog?
11 A. Yes, I did, of course.
12 Q. did you --
So,
13 Did he say anything to you, the plaintiff say
14 anything?
15 A. No, not that I recall offhand.
16 Q. And then at some point did his supervisor come to the
17 home, somebody from Spectrum?
18 A. Yes, he did call a supervisor and a supervisor came
19 and I think the supervisor took him to a medical doctor.
20 Q. Did the supervisor ask you something about what
21 happened?
22 A. No, he didn't ask me, no, no.
23 Q. Did he ask to come in your home, the supervisor?
24 A. The supervisor, no.
25 Q. Did you say anything to the supervisor?
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Preview
FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 "L" EXHIBIT FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 MR. NWOKORO: Plaintiff so stipulates. 2 MR. RISO: Defendant so stipulates as well. 3 THE COURT: The case is with you, Mr. Riso. 4 MR. RISO: Thank you, judge. I'd like to call 5 Mr. Lawrence Mathe to the stand. 6 THE COURT: Come on up, sir. 7 L A W R E N C E M A T H E, having been duly 8 sworn, testified as follows: 9 COURT CLERK: State and spell your name for the 10 record. 11 THE WITNESS: Lawrence Mathe, L-A-W-R-E-N-C-E 12 M-A-T-H-E, Mathe. 13 THE COURT: Mr. Mathe, you've heard me go over 14 this with all the other witnesses, same for you, four 15 rules. Speak in a loud clear voice, Number 1, Number 2, 16 wait for the question to be completed before you answer. 17 Number 3, one voice at a time, don't talk on top of 18 anyone, no one should talk on top of you. And fourth, if 19 you hear the word objection, stop so I can rule. 20 Got all that, sir? 21 THE WITNESS: Yes, sir. 22 THE COURT: Wonderful. You may inquire. 23 MR. RISO: Thank you, judge. 24 DIRECT EXAMINATION BY MR. RISO: 25 Q. Good afternoon, Mr. Mathe. - DR - FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 A. Good afternoon. 2 Q. Mr. Mathe, where do you currently reside? 3 A. 405 Greeley Avenue, Staten Island 10306. 4 Q. And what type of home is that? 5 A. It's a single family home. 6 Q. And are you married? 7 A. Yes. 8 Q. And who's your wife? 9 A. Carmen Mathe. 10 Q. And she's here today? 11 A. She's here, right here. 12 Q. Do you have any children? 13 A. Yes, we have two grown adult male children. 14 Q. Any grandchildren? 15 A. Five grandchildren. 16 Q. And are you currently employed? 17 A. No, I'm retired from the New York City Fire 18 Department. 19 Q. What did you do at the New York City Fire Department? 20 A. I was a Firefighter. 21 Q. For how many years? 22 A. Forty years and four months. 23 Q. And how old are you today? 24 A. 83. 25 Q. And are you retired from anything else? - DR - FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 A. Yes, well, I was a part-time teacher also, special 2 education teacher. 3 Q. New York City? 4 A. Yes. 5 Q. And when did you first -- 6 Do you own 405 Greeley Avenue in Staten Island? 7 A. Yes, we do, yes. 8 Q. When did you buy that? 9 A. I think it was 1978. 10 Q. And explain what it looked like back in 2001, did it 11 have a gate around it? 12 THE COURT: 2001 or 2021? 13 Q. '21. 14 A. Well, the house is on the corner of Greeley Avenue 15 and Rudyard, R-U-D-Y-A-R-D, Street, it's on the corner. 16 Q. Does it have a fence around it? 17 A. Yes, it has a fence around the house, yes, a metal 18 fence, yes. 19 Q. Is it a see-through kind of fence? 20 A. Yes. 21 Q. What's it made out of? 22 A. Metal. 23 Q. And do you have a cage or a place where cats are kept 24 in the backyard? 25 A. Yes, my wife has a cage on the side of the house - DR - FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 where we use for storage and she used to use it for -- to put 2 cats in. 3 Q. How many cats does your wife normally have? 4 A. She's got about 30 cats. Between 30 and at one time 5 she might have had 40. 6 Q. At the time in May 27, 2021 how many cats did she 7 have? 8 A. She had 30 or 40 cats. 9 Q. So, here's the big question: Did you ever have a 10 dog? 11 A. No, we never had a dog, no. 12 Q. Did you ever have somebody's dog that you were 13 watching? 14 A. Never watched anybody's dog, no. 15 Q. On May 27th did you take a dog in and put him in the 16 cat cage? 17 A. No, I did not. 18 Q. Did you hear any barking? 19 A. No, I did not hear any barking, no. 20 THE COURT: Let the question finish before you 21 answer it. Don't jump the question, please. 22 Q. So, at some point the plaintiff came to your 23 property, tell us how that happened. 24 A. Well, our telephone was out of service from Spectrum 25 and we called to have somebody repair it and they sent a - DR - FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 repairman to repair the phone. 2 Q. That's the plaintiff here? 3 A. Yes. 4 Q. So, how did he come to your house, did he ring the 5 bell, what did he do? 6 A. He rang the bell as I recall, yes. 7 Q. And who answered? 8 A. I answered the phone. I answered the door. 9 Q. And did he say anything to you at that time? 10 A. I guess he asked what the problem was and I explained 11 to him that the telephone was out of service. 12 Q. And did he ask anything about pets in the home? 13 A. Not at that time, no. 14 Q. And did he stay in the house looking to fix whatever 15 the problem was or did he go outside? 16 A. I believe he came in, we have one phone downstairs 17 and then another phone upstairs in the house and I think he 18 looked at the one in the kitchen, that's the main phone and 19 then I think he went outside after that. 20 Q. Did you ever go outside to see what he was doing? 21 A. Yes, at one point I did go outside, you know, but 22 then rather than stand over his shoulder as he's doing the work 23 I went back in the house. 24 Q. And how long were you outside with him? 25 A. Not that long, a few minutes. - DR - FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 Q. And when you were outside did you hear any dogs 2 barking in your property or somebody else's property, anywhere? 3 A. No, I did not hear any dogs barking or see any dogs, 4 no. 5 Q. Did you go to the cage, was there any animals in the 6 cage? 7 A. No, there was no animals in the cage, no. 8 Q. And then you went inside you said at some point? 9 A. Yes. 10 Q. And what did you do when you went inside? 11 A. Well, when I went inside I think I went upstairs, I 12 was washing my hands and face in the bathroom upstairs. 13 Q. And from the time you went inside did something 14 happen? 15 A. Well, when I was up there the doorbell rang and I 16 heard my wife's voice and I came down and that's when I saw the 17 defendant -- 18 THE COURT: The defendant? 19 A. The plaintiff with a cut in his leg, a cut in his 20 knee and he said he was bitten by a dog. 21 Q. And how much time elapsed from the time you went 22 inside to the time you were called because something had 23 occurred because the plaintiff was bit by a dog? 24 A. A few minutes, 5, 10 minutes, I guess, maybe. 25 Q. Did you go and assist your wife in helping the - DR - FILED: RICHMOND COUNTY CLERK 04/05/2023 10:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 04/05/2023 Direct-Defense-Lawrence Mathe 1 plaintiff? 2 A. Yes, I went down, we saw the cut in the leg and I 3 went in, she asked me to get some peroxide and bandages and 4 then she took the peroxide and the bandages and applied it on 5 his leg. 6 Q. And did you, when you went outside did you look for a 7 dog? Did you see this dog? 8 A. No, I did not see any dog, it had run off. 9 Q. And you went outside and I'm assuming you felt bad 10 that he got bit by a dog? 11 A. Yes, I did, of course. 12 Q. did you -- So, 13 Did he say anything to you, the plaintiff say 14 anything? 15 A. No, not that I recall offhand. 16 Q. And then at some point did his supervisor come to the 17 home, somebody from Spectrum? 18 A. Yes, he did call a supervisor and a supervisor came 19 and I think the supervisor took him to a medical doctor. 20 Q. Did the supervisor ask you something about what 21 happened? 22 A. No, he didn't ask me, no, no. 23 Q. Did he ask to come in your home, the supervisor? 24 A. The supervisor, no. 25 Q. Did you say anything to the supervisor? - DR -