On January 13, 2023 a
EXHIBIT(S) - C (Motion #18) - EXHIBIT C - Plaintiffs Interrogatory Responses
was filed
involving a dispute between
Kathleen Spezio,
Roger Paul Spezio Sr.,
and
3M Company,
Individually And As Successor To Minnesota Mining And Manufacturing Company,
Aii Acquisition Corporation, Llc
Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company,
Air & Liquid Systems Corporation
As Successor By Merger To Buffalo Pumps, Inc.,
Alcoa Inc.,
Individually And As Successor In Interest To Tilo Roofing Co.,
American Optical Corporation,
A.O. Smith Water Products,
Armstrong International, Inc.,
Atwood & Morrill Co., Inc.
D B A Weir Valves & Controls Usa Inc.,
Aurora Pump Company,
Avco Corporation,
A Textron Lycoming Division, Individually And As Successor To Lycoming Engines F K A Lycoming Manufacturing, Spencer Heater Company, And Spencer Heater Division Of Lycoming,
Bw Ip International Co.,
Formerly Known As Borg Warner Industrial Products Inc., A Former Subsidiary Of And Successor To Borg Warner Corp. And Byron Jackson Pumps,
Carrier Corporation,
Cbs Corporation,
A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation,
Cleaver-Brooks Company
F K A Aqua-Chem, Inc.,
Columbia Boiler Company Of Pottstown,
Compudyne Corporation,
Individually And As Successor To York-Shipley,
Continental Motors Inc.,
Continental Motors Inc.
F K A Teledyne Continental Motors, Inc., Individually And As Successor To Continental Motors Inc. And Continental Motors Company,
Crown Boiler Co.,
Dean Pump Division,
Eaton Aeroquip, Inc.
F K A Aeroquip Corporation,
Ecr International, Inc.,
Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers And Pennco, Inc.,
Electrolux Home Products, Inc.,
Individually And As Successor To Tappan And Copes-Vulcan Company,
Flowserve Us, Inc.,
Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company,
Fmc Corporation,
Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company,
Gardner Denver, Inc.,
Individually And As Successor To Nash Engineering Company,
Gardner Denver Nash, Llc,
Individually And As Successor To Nash Engineering Company,
General Electric Company,
Goulds Pumps, Inc.,
Grinnell Corporation,
Hoffman New Yorker, Inc.,
Honeywell International, Inc.,
Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp.,
Howden Buffalo, Inc.,
Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan,
International Comfort Products Llc,
Individually And As Successor To Heil Heating And Cooling,
I.T.T. Industries, Inc.,
Individually And As Successor To Bell & Gossett,
Kohler Co.,
Lennox Industries, Inc.,
Individually And As Successor To Lennox Furnace Company And Ducane,
Mario & Dibono Plastering Co. Inc.,
Metropolitan Life Insurance Company,
New Yorker Boiler Company, Inc.,
Parker Hannifin Corporation,
Individually And As Successor By Merger To Stratoflex, Inc.,
Pratt & Whitney Measurement Systems, Inc.,
Pratt & Whitney Power Systems, Inc.,
Redco Corp.
F K A Crane Co.,
Rheem Manufacturing Company, Inc.,
Rockwell Automation, Inc.,
Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F K A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Companys Timken Silent Automatic Division,
Sid Harvey Industries, Inc.,
Sid Harvey Supply, Inc.,
Spence Engineering Company, Inc.,
Spencer Heater
A Lycoming Division Of Avco Corporation,
Spirax Sarco, Inc.,
Taco, Inc.,
Technify Motor
Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc. And Continental Motors Company,
Teledyne Technologies Inc.,
Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc., Continental Motors Company,
Texaco, Inc.,
Union Carbide Corporation,
United Technologies Corporation,
Individually And As Successor To Pratt & Whitney,
Velan Valve Corp.,
Warren Pumps Llc,
Individually And As Successor To The Quimby Pump Company,
Weil Mclain,
A Division Of Marley-Wylain Company,
William Powell Company,
York International Corporation,
Individually And As Successor To Frick Company,
for Torts - Asbestos
in the District Court of Ulster County.
Preview
FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99
NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ULSTER
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ROGER PAUL SPEZIO, SR. and KATHLEEN
SPEZIO,
Plaintiffs,
-against- Index No.: EF2023-99
PLAINTIFFS’ RESPONSES TO
3M COMPANY, Individually and as Successor to DEFENDANTS' FIRST SET OF
Minnesota Mining and Manufacturing Company, et al., INTERROGATORIES AND
REQUEST FOR PRODUCTION OF
DOCUMENTS
Defendants.
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Plaintiffs as and for their Verified Responses to the Defendants' Interrogatories and
Request for Production of Documents allege upon information and belief at all times herein
mentioned as follows:
INTERROGATORIES
A. PERSONAL BACKGROUND OF PLAINTIFF AS REPRESENTATIVE OF
DECEDENT’S ESTATE:
1. If you represent decedent’s estate, state the following for yourself:
(a) Full name and all other names by which you have been known;
(b) Relationship to the decedent;
(c) Date and place of birth;
(d) Address;
(e) Social security number;
(f) Present marital status and, if applicable, name of present spouse and
date of marriage; and
(g) Dates of all prior marriages, spouses’ names, and dates of
termination of marriages.
ANSWER:
Not applicable.
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NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
B. PERSONAL BACKGROUND OF INJURED PLAINTIFF/DECEDENT:
2. State the following for injured plaintiff/decedent:
(a) Full name and all other names by which injured plaintiff/decedent has been
known;
(b) Date and place of birth;
(c) Whether injured plaintiff/decedent was an adopted child and, if adopted,
state date of adoption;
(d) Present age; or date and place of death;
(e) Present marital status and, if applicable, name, date of birth, and social
security number of present spouse and date of marriage; or marital status at
the time of death and, if applicable, the name, date of birth and social
security number of spouse at the time of death and date of marriage;
(f) Dates of all prior marriages, spouses’ names, and dates of termination of
(g) Present home address, or home address at time of death; and
(h) Social security number.
ANSWER:
(a) Name: Roger Paul Spezio, Sr.
(b) Date of birth: October 29, 1947
Place of birth: Brooklyn, NY
(c) Plaintiff is a natural child.
(d) Present age: 75 years old
(e) Present marital status Married
Spouse’s name: Kathleen (Sperring) Spezio
Date of birth: May 2, 1951
Social Security Number: xxx-xx-1416
Date of marriage: August 26, 1972
(f) Prior marriages: Not applicable
(g) Present home address: 103 Wheeling Ave, Staten Island, NY 10309
(h) Social Security Number: xxx-xx-6373
3. State the following with regard to injured plaintiff’s/decedent’s father, mother, and
each sibling:
(a) Name, relationship and date of birth;
(b) Current address (if deceased, state last known address);
(c) Current condition of each one’s health, including any specific medical p
(d) If either of injured plaintiff’s/decedent’s parents is deceased, please state
for each deceased parent:
(I) Specific medical problems;
(ii) Date and place of death;
(iii) Cause of death.
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(e) If injured plaintiff’s/decedent’s grandparent, aunt, uncle, great aunt, great
uncle or first cousin has had any respiratory illness (other than common
colds), cardiac problem, or any cancer, state as to each:
(I) Name, relationship and date of birth;
(ii) Current address (if deceased, state last known address); and
(iii) The specific respiratory illness, cardiac problem, or cancer the
individual had or has.
ANSWER:
Plaintiff objects to this interrogatory to the extent it seeks information regarding Plaintiff’s
siblings upon the grounds that it is overbroad, unduly burdensome, and not reasonably
calculated to lead to the discovery of admissible evidence. Notwithstanding these objections,
and without waiving same, Plaintiff states as follows:
(a) Plaintiff’s mother: Theresa Spezio
Date of birth: April 9, 1911
Plaintiff’s father: Pasquale Spezio
Date of birth: December 15, 1909
(b) Current address:
Plaintiff’s mother’s last known address: Brooklyn, NY
Plaintiff’s father’s last known address: Brooklyn, NY
(c) Plaintiff objects to this subdivision to this interrogatory to the extent that it concerns
health issues unrelated to those associated with asbestos-exposure and further, upon
the grounds that it is overbroad, unduly burdensome, and not reasonably calculated
to lead to the discovery of admissible evidence. Notwithstanding this objection, and
without waiving same, Plaintiff states as follows: Plaintiff’s mother and father are
deceased.
(d) Plaintiff objects to this subdivision to this interrogatory to the extent that it concerns
health issues unrelated to those associated with asbestos-exposure and further, upon
the grounds that it is overbroad, unduly burdensome, and not reasonably calculated
to lead to the discovery of admissible evidence. Notwithstanding this objection, and
without waiving same, Plaintiff states as follows: Plaintiff’s father died in 1976 of
heart attack. Plaintiff’s mother died in 1977 of a stroke.
(e) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information regarding Plaintiff’s extended family upon the grounds that it is
overbroad, unduly burdensome, and not reasonably calculated to lead to the
discovery of admissible evidence.
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4. State the following with regard to each of injured plaintiff’s/decedent’s children:
(a) Name;
(b) Date of birth;
(c) Sex;
(d) Current address (if deceased, state the last known address);
(e) Whether natural child or adopted child and, if adopted, state date of
adoption;
(f) Current state of health, including a statement of specific medical problems;
(g) If any of injured plaintiff’s/decedent’s children are deceased, state for each
deceased child:
(I) Specific medical problems;
(ii) Date and place of death; and
(iii) Cause of death.
ANSWER:
i. (a) Name: Roger Paul Spezio, Jr.
(b) Date of birth: December 17, 1974
(c) Sex: Male
(d) Current address: 28 Heather Drive, Englishtown, NJ 07726
(e) Roger is a natural child.
(f) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information unrelated to respiratory illnesses/conditions and/or cancers and
further, upon the grounds that it is overbroad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding these objections, and without waiving same, Plaintiff states
as follows: Roger is in good health.
(g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information unrelated to respiratory illnesses/conditions and/or cancers and
further, upon the grounds that it is overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence.
ii. (a) Name: Eric Spezio
(b) Date of birth: January 19, 1976
(c) Sex: Male
(d) Current address: 103 Wheeling Ave, Staten Island, NY 10309
(e) Eric is a natural child.
(f) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information unrelated to respiratory illnesses/conditions and/or cancers and
further, upon the grounds that it is overbroad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding these objections, and without waiving same, Plaintiff states
as follows: Eric is in good health.
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NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
(g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information unrelated to respiratory illnesses/conditions and/or cancers and
further, upon the grounds that it is overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence.
iii. (a) Name: Steven Spezio
(b) Date of birth: August 20, 1981
(c) Sex: Male
(d) Current address: 223 Yetman Ave, Staten Island, NY 10307
(e) Steven is a natural child.
(f) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information unrelated to respiratory illnesses/conditions and/or cancers and
further, upon the grounds that it is overbroad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding these objections, and without waiving same, Plaintiff states
as follows: Steven is in good health.
(g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
information unrelated to respiratory illnesses/conditions and/or cancers and
further, upon the grounds that it is overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence.
5. List all injured plaintiff’s/decedent’s residences, the dates injured plaintiff/decedent
resided at each, and with respect to each state:
(a) Whether such residence contained asbestos insulation;
(b) Whether any improvements were made to the residence (i.e., insulation,
rewiring, etc.);
(c) The type of fuel used for heating;
(d) The type of fuel used for cooking; and
(e) Whether injured plaintiff/decedent ever changed residence for health
reasons and, if so, the residence left and the health reason for leaving.
ANSWER:
To the extent known, Plaintiff resided at the following locations:
i. Address: 156 Conover Street, Brooklyn, NY
Dates: 1946 - 1956
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: No.
(c) -(d) Oil & gas for heating; coal and wood for cooking
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NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
ii. Address: 384 12th Street, Brooklyn, NY
Dates: 1956 - 1967
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: No.
(c) -(d) Oil for heating; Gas for cooking
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
iii. Address: 315 16th Street, Brooklyn, NY 11215
Dates: 1969-1972
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: No.
(c) -(d) Gas for heating; gas for cooking
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
iv. Address: 16th Street, Brooklyn, NY
Dates: 1973
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: No.
(c) -(d) Gas for heating; Gas for cooking
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
v. Address: 203 11th Street, Brooklyn, NY
Dates: 1974-1976
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: The home was resided.
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NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
(c) -(d) Gas for heating; Gas for cooking
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
vi. Address: 42 Woehrle Ave, Staten Island, NY 10312
Dates: 1976-2009
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: Plaintiff made many improvements to this residence
including: Framing lumber, sheetrock, joint compound, paint, plumbing, electric,
installation of wood deck, excavation, pool installation, concrete work, installed cobblestone
driveway, brick work, installed fence, sanded and installed cabinets, concrete repair, pipe
soldering, and sewer clean up.
(c) -(d) Gas for heating; Gas for cooking
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
iv. Address: 103 Wheeling Ave, Staten Island, NY 10312
Dates: 2009 - present
(a) Asbestos Insulation: Unknown
(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague and overbroad. Notwithstanding these objections, and without waiving
same, Plaintiff states the following: No.
(c) -(d) Gas for heating; Gas for cooking
(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds
that it is vague, and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence.
6. Identify each member of the injured plaintiff’s/decedent’s household in the last five
years, or years prior to death, and also state as to each:
(a) His age, occupation, and relationship to the injured plaintiff/decedent; and
(b) The portion of the last 12 months, or the last 12 months of the decedent’s
life, during which he was a member of the household.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence. Notwithstanding these objections
and without waiving same, Plaintiff states the following:
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NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
i. Kathleen Spezio
(a) 71 years old; retired from NYC Board of Education; Plaintiff’s spouse
(b) Entire period
ii. Eric Spezio
(a) 47 years old; retired; Plaintiff’s son
(b) Entire period
iii. Gloria Spezio
(a) Plaintiff’s daughter-in-law
(b) Entire period
iv. Lucianna Spezio
(a) 11 years old; Plaintiff’s granddaughter
(b) Entire period
7. List injured plaintiff’s/decedent’s hobbies or the major leisure activities in which he
engaged during the last twenty years, or the last twenty years of his life. If the injured
plaintiff/decedent did not have hobbies or participate in leisure activities, describe how he spent
his leisure time.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome and that the information sought is not relevant to this action, nor reasonably
calculated to lead to the discovery of admissible evidence. Notwithstanding these
objections and without waiving same, Plaintiff states the following: Plaintiff enjoyed going
to markets, going out to dinner and movies with his wife and spending time with his sons and
five grandchildren.
8. Did injured plaintiff/decedent or his spouse ever file for divorce against the other?
If your answer is yes, state the date of suit, its disposition, and the date of disposition.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that the material sought therein is
not relevant to this action nor is it reasonably calculated to lead to the discovery of
admissible evidence. Notwithstanding these objections and without waiving same,
Plaintiff states the following: Not applicable.
9. Were injured plaintiff/decedent and his spouse ever separated for any period more
than 48 hours because of a marital disagreement?
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NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023
If your answer is yes, indicate every such incident, stating the reason for the
separation and the length of time of each separation.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that the material sought therein is
not relevant to this action, and the information sought is not reasonably calculated to lead to
the discovery of admissible evidence. Notwithstanding these objections and without
waiving same, plaintiff states the following: Please refer to Plaintiff’s Response to
Interrogatory 8.
10. Was injured plaintiff/decedent ever a party to or a witness in any lawsuit, court or
administrative proceeding?
If your answer is yes, state:
(a) Whether injured plaintiff/decedent was a party or a witness and, if a party,
whether he was a plaintiff or a defendant;
(b) The title of the lawsuit or proceeding, the court or agency in which it was
brought, and the docket number;
(c) The nature of the charges or claims and, if injured plaintiff/decedent was
witness, the substance of his testimony;
(d) The disposition of the case; and
(e) Identify all insurance carriers or administrative agencies that either made
payment or declined to make payment with respect to each such lawsuit or
claim.
ANSWER:
Yes. Plaintiff was hit by a delivery truck in the early 1990s.
11. Has injured plaintiff/decedent ever applied and been rejected for a life insurance,
medical insurance, or disability insurance policy?
If you answer is yes, state with regard to each such event:
(a) The identity of the insurer to whom such application was made;
(b) The date of such application;
(c) The identity of any Physician conducting a physical examination with
regard to such application and the date thereof;
(d) The reason for such rejection; and
(e) Produce all documentation of said application and rejection.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome, and that the information sought is neither relevant to this action, nor
reasonably calculated to lead to the discovery of admissible evidence.
C. EMPLOYMENT HISTORY
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12. Have you or anyone on your behalf requested from the Social Security
Administration a listing of all of the insured plaintiff’s/decedent’s employers and dates of
employment?
If your answer is yes, attach a copy of such listing to your responses to these
interrogatories.
If not available, execute and provide a release in the form annexed as Exhibit A.
ANSWER:
A duly executed authorization will be provided to RecordTrak for the information sought.
13. Identify each and every employer that injured plaintiff/decedent had from the time
he was first employed to present, or to the time of his death, including any and all military service,
and as to each, state:
(a) The period of time injured plaintiff/decedent worked for each such
employer;
(b) Each position/job title which injured plaintiff/decedent held with each such
employer and the dates each such position/job title was held by injured
plaintiff/decedent;
(c) The nature of the work performed;
(d) The location(s) of injured plaintiff’s/decedent’s particular jobsite(s);
(e) The nature of the materials or products injured plaintiff/decedent worked
with; and
(f) Whether said activity involved working in the presence of dust, pollutants,
or toxic substances and, if so:
(I) Identify by name or type said dust, pollutants, or toxic substances;
(ii) State whether any suction device, fan, or other ventilation system
was present at the jobsite; and
(iii) State whether the employer or any governmental agency or union
took air samplings at the jobsite and, if so, identify the persons who
took the air samplings, at the dates such samplings were taken and
the persons presently having possession or control of any
documents relating to such air samplings.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome and that the information sought is neither relevant to this action, nor
reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding
these objections, and without waiving same, Plaintiff states as follows:
Please refer to Chart “A” annexed hereto. Defendants are also directed to Plaintiff’s
printout from the Social Security Administration, for which an authorization has been
provided to RecordTrak.
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14. If injured plaintiff/decedent was self-employed any time, identify each such
business, and as to each, state:
(a) The period during which injured plaintiff/decedent was self-employed;
(b) The nature of the work performed;
(c) The location(s) of injured plaintiff’s/decedent’s particular jobsite(s);
(d) The nature of the materials or products injured plaintiff/decedent worked
with; and
(e) Whether said activity involved working in the presence of dust, pollutants,
or toxic substances and, if so:
(I) Identify by name or type said dust, pollutants, or toxic substances;
(ii) State whether any suction device, fan, or other ventilation system
was present at the jobsite; and
(iii) State whether the employer, any governmental agency, any union or
any other person took air samplings at any jobsite at which injured
plaintiff/decedent worked, and, if so, identify the person(s) who
took the air samples, the dates such air samples were taken and the
persons presently having possession or control of any documents
relating to such air samples.
ANSWER:
Plaintiff owned a luncheonette from 1992 – 1995.
15. For each of your worksites, please state:
(a) The name of the worksite;
(b) The location of the worksite;
(c) As precisely as possible, the time period you worked at the worksite,
including the total number of days you worked at the worksite;
(d) The name and address of each of your employers;
(e) Your job title(s);
(f) Each kind of work you performed at the worksite;
(g) Whether there was one or more occasions when you worked with or around
raw asbestos or asbestos-containing material(s) at the worksite. For
subsequent occasions at a given worksite, information which is unchanged
need not be repeated. If “yes”, for each occasion, please state:
(I) The specific area within the worksite where you worked with or
around raw asbestos or asbestos-containing material(s);
(ii) As precisely as possible, the time period of each such occasion,
including the total number of days of each such occasion;
(iii) Identify all person(s) who directed your day-to-day work activity
and that person(s)’ employer;
(iv) Identify all persons who were your co-workers on this occasion;
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(v) Identify all persons who have information regarding your work with
or around raw asbestos or asbestos-containing material(s) on this
occasion;
(vi) List each contractor you and/or your attorney allege installed and/or
removed raw asbestos or asbestos-containing material(s) during
your work at that site;
(vii) List each contractor you and/or your attorney allege installed and/or
removed raw asbestos or asbestos-containing material(s) prior to
your work at that site;
(viii) Identify all documents in your possession or under your control
relating to your work on this occasion, including but not limited to
travel logs, diaries, work logs, calendars, time sheets, photographs,
drawings and union logs or summaries.
(ix) Identify all other documents of which you or your attorneys are
aware relating to your work on this occasion, including but not
limited to time sheets, invoices, purchase orders, contracts,
specifications, photographs, drawings, job logs, work requests and
union dispatch slips.
(x) Whether you installed, removed, disturbed or handled raw asbestos
or asbestos-containing material(s) during the occasion. If “yes”;
A. Describe each raw asbestos or asbestos-containing
material(s) you installed, removed, disturbed or handled
during the occasion;
B. Describe specifically the work you performed regarding
each raw asbestos or asbestos-containing material including
whether the work was performed indoors or outdoors;
C. State whether your employer took any safety precautions to
protect you from breathing dust. If “yes”, describe each
safety precaution taken;
D. State whether your union or employee association took any
safety precautions to protect you from breathing dust. If
“yes”, describe each safety precaution taken; and
E. State whether you took any safety precautions to protect you
from breathing dust. If “yes”, describe each safety
precaution taken.
(xi) Whether you allege any exposure to asbestos from raw asbestos or
asbestos-containing material(s) other than those you personally
installed, removed, disturbed or handled yourself during the
occasion. If “yes”:
A. Describe specifically the work you performed during the
occasion, including whether the work was performed
indoors or outdoors;
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B. Describe each raw asbestos or asbestos-containing
material(s) that released the asbestos fibers to which you
allege exposure.
C. List the trade(s) using the raw asbestos or
asbestos-containing material(s) and identify the employer of
each trade;
D. Describe the manner in which each trade used the raw
asbestos or asbestos-containing material(s), (for example:
installed, removed, disturbed or handled);
E. Describe:
(I) The area where the trades using the raw asbestos or
asbestos-containing material(s) worked, and;
(ii) The approximate distance from that area to the area
where you worked;
F. State whether your employer took any safety precautions to
protect you from breathing dust (for example: work
segregation, ventilation, wet-down, hazard education,
working signs, respiratory protection). If “yes”, describe
each safety precaution taken;
G. State whether your union or employee association took any
safety precautions to protect you from breathing dust. If
“yes”, describe each safety precaution taken; and
H. State whether you took any safety precautions to protect you
from breathing dust. If “yes”, describe each safety
precaution taken.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome and that the information sought is neither relevant to this action, nor
reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding the
above objections, and without waiving same, Plaintiff responds as follows:
Please refer to Chart “A” annexed hereto.
16. If you are aware that any person you have identified in the preceding Interrogatory
Nos. 14 and 15 has had his or her deposition taken, identify the deposition by the name of the
deponent, the date the deposition was taken, the caption and number of the action in which it was
taken, the court which has jurisdiction over the action in which it was taken (including state and
county) and either the name and address of the court reporting agency which took the deposition or
the name and address deponent’s counsel of record.
ANSWER:
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Plaintiff objects to this interrogatory upon the grounds that it is unduly burdensome in that
it calls for information equally and as readily available to defendants as it is to plaintiff, and
calls for information neither relevant to this action and is not reasonably calculated to lead
to the discovery of admissible evidence. Notwithstanding these objections and without
waiving same, Plaintiff states the following: The Court’s Case Management Order sets forth
deadlines for disclosure of documents and witnesses, and accordingly, same shall be
provided by Plaintiff as requested. Plaintiffs’ complaint sets forth allegations against the
respective defendants to this action, and discovery is ongoing.
17. Either (1) attach all documents evidencing the information sought in these
interrogatories and their subparts to your answers to these interrogatories, or (2) attach disks
containing such data, or (3) describe such documents with sufficient particularity that they may be
made the subject of a request for production of documents.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague and overbroad, and is
not the proper subject for an interrogatory as the information sought is evidentiary in
nature.
18. Did injured plaintiff/decedent ever lose a job, change jobs or change his position
with an employer for health reasons?
If your answer is yes, state as to each such event:
(a) The employer and job position which injured plaintiff/decedent left;
(b) The date of such event;
(c) The health reason for such event; and
(d) The new employer and/or job position which injured plaintiff/decedent next
assumed.
ANSWER:
Plaintiff objects to this interrogatory to the extent that it seeks material neither relevant to
this action, nor reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding these objections, and without waiving same, Plaintiff states the following:
No.
19. Are you aware of, have you ever seen, or do you or your attorney possess or have
access to any photographs, charts, drawings, diagrams or other graphic representations depicting
work conditions at work sites where you claim injured plaintiff/decedent was exposed to asbestos
materials and/or asbestos-containing products?
If your answer is yes, with respect to each:
(a) Identify each such photograph or other document, including a statement as
to which views, scenes or objects it purports to depict, the person who took
or prepared each such photograph or other document, and the date taken or
prepared;
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(b) State whether the photograph or other document was prepared on your
behalf or on behalf of other persons allegedly exposed to asbestos or as a
result of circumstances relating to this or any other lawsuit; and
(c) Attach a copy.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome, and an improper subject for an interrogatory to the extent it seeks attorney
work product. Notwithstanding these objections, and without waiving same, Plaintiff is
aware of no such documents and/or information at this time but Plaintiff is continuing his
search and will produce anything responsive to this request in accordance with the deadlines
articulated in the controlling Scheduling Order.
20. During the period of time for which you claim injured plaintiff/decedent was
exposed to asbestos materials and/or asbestos-containing products, did injured plaintiff/decedent
share a household with any other person(s) who worked or was employed outside the household?
If your answer is yes, identify:
(a) Each such other person;
(b) The period(s) of time each such other person shared such household;
(c) The period(s) of time each such other person worked or was so employed;
(d) The nature of each job held or job title for each such other person in each
such period of time; and
(e) Each and every employer of each such other person in each such period of
time.
ANSWER:
Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
burdensome and that the information sought is neither relevant to this action, nor
reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding
these objections and without waiving same, Plaintiff states the following:
(a) Kathleen Spezio, spouse
(b) 1972 – present
(c – e) Kathleen worked for the NYC Board of Education from approximately
1980-1994.
D. TOXIC EXPOSURE
21. Was injured plaintiff/decedent ever exposed to or did injured plaintiff/decedent
ever use, inhale or ingest any of the following substances on a regular basis or at work?
If your answer is yes, state the date(s), place(s), and circumstances thereof:
(a) Acids;
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(b) Aluminum;
(c) Ammonia;
(d) Arsenic;
(e) Barium;
(f) Berylium;
(g) Butanol;
(h) Cadmium;
(I) Carborundum;
(j) Chloroethylene;
(k) Chlorine;
(l) Chromate;
(m) Chromite;
(n) Chromium;
(o) Coal and/or coal dust
(p) Coal tar;
(q) Cotton dust;
(r) Creosote;
(s) Epoxy;
(t) Ethanol;
(u) Formaldehyde;
(v) Grinding dust;
(
Preview
FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ------------------------------------------------------------------x ROGER PAUL SPEZIO, SR. and KATHLEEN SPEZIO, Plaintiffs, -against- Index No.: EF2023-99 PLAINTIFFS’ RESPONSES TO 3M COMPANY, Individually and as Successor to DEFENDANTS' FIRST SET OF Minnesota Mining and Manufacturing Company, et al., INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendants. ------------------------------------------------------------------x Plaintiffs as and for their Verified Responses to the Defendants' Interrogatories and Request for Production of Documents allege upon information and belief at all times herein mentioned as follows: INTERROGATORIES A. PERSONAL BACKGROUND OF PLAINTIFF AS REPRESENTATIVE OF DECEDENT’S ESTATE: 1. If you represent decedent’s estate, state the following for yourself: (a) Full name and all other names by which you have been known; (b) Relationship to the decedent; (c) Date and place of birth; (d) Address; (e) Social security number; (f) Present marital status and, if applicable, name of present spouse and date of marriage; and (g) Dates of all prior marriages, spouses’ names, and dates of termination of marriages. ANSWER: Not applicable. 1 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 B. PERSONAL BACKGROUND OF INJURED PLAINTIFF/DECEDENT: 2. State the following for injured plaintiff/decedent: (a) Full name and all other names by which injured plaintiff/decedent has been known; (b) Date and place of birth; (c) Whether injured plaintiff/decedent was an adopted child and, if adopted, state date of adoption; (d) Present age; or date and place of death; (e) Present marital status and, if applicable, name, date of birth, and social security number of present spouse and date of marriage; or marital status at the time of death and, if applicable, the name, date of birth and social security number of spouse at the time of death and date of marriage; (f) Dates of all prior marriages, spouses’ names, and dates of termination of (g) Present home address, or home address at time of death; and (h) Social security number. ANSWER: (a) Name: Roger Paul Spezio, Sr. (b) Date of birth: October 29, 1947 Place of birth: Brooklyn, NY (c) Plaintiff is a natural child. (d) Present age: 75 years old (e) Present marital status Married Spouse’s name: Kathleen (Sperring) Spezio Date of birth: May 2, 1951 Social Security Number: xxx-xx-1416 Date of marriage: August 26, 1972 (f) Prior marriages: Not applicable (g) Present home address: 103 Wheeling Ave, Staten Island, NY 10309 (h) Social Security Number: xxx-xx-6373 3. State the following with regard to injured plaintiff’s/decedent’s father, mother, and each sibling: (a) Name, relationship and date of birth; (b) Current address (if deceased, state last known address); (c) Current condition of each one’s health, including any specific medical p (d) If either of injured plaintiff’s/decedent’s parents is deceased, please state for each deceased parent: (I) Specific medical problems; (ii) Date and place of death; (iii) Cause of death. 2 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (e) If injured plaintiff’s/decedent’s grandparent, aunt, uncle, great aunt, great uncle or first cousin has had any respiratory illness (other than common colds), cardiac problem, or any cancer, state as to each: (I) Name, relationship and date of birth; (ii) Current address (if deceased, state last known address); and (iii) The specific respiratory illness, cardiac problem, or cancer the individual had or has. ANSWER: Plaintiff objects to this interrogatory to the extent it seeks information regarding Plaintiff’s siblings upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections, and without waiving same, Plaintiff states as follows: (a) Plaintiff’s mother: Theresa Spezio Date of birth: April 9, 1911 Plaintiff’s father: Pasquale Spezio Date of birth: December 15, 1909 (b) Current address: Plaintiff’s mother’s last known address: Brooklyn, NY Plaintiff’s father’s last known address: Brooklyn, NY (c) Plaintiff objects to this subdivision to this interrogatory to the extent that it concerns health issues unrelated to those associated with asbestos-exposure and further, upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding this objection, and without waiving same, Plaintiff states as follows: Plaintiff’s mother and father are deceased. (d) Plaintiff objects to this subdivision to this interrogatory to the extent that it concerns health issues unrelated to those associated with asbestos-exposure and further, upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding this objection, and without waiving same, Plaintiff states as follows: Plaintiff’s father died in 1976 of heart attack. Plaintiff’s mother died in 1977 of a stroke. (e) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information regarding Plaintiff’s extended family upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 3 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 4. State the following with regard to each of injured plaintiff’s/decedent’s children: (a) Name; (b) Date of birth; (c) Sex; (d) Current address (if deceased, state the last known address); (e) Whether natural child or adopted child and, if adopted, state date of adoption; (f) Current state of health, including a statement of specific medical problems; (g) If any of injured plaintiff’s/decedent’s children are deceased, state for each deceased child: (I) Specific medical problems; (ii) Date and place of death; and (iii) Cause of death. ANSWER: i. (a) Name: Roger Paul Spezio, Jr. (b) Date of birth: December 17, 1974 (c) Sex: Male (d) Current address: 28 Heather Drive, Englishtown, NJ 07726 (e) Roger is a natural child. (f) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information unrelated to respiratory illnesses/conditions and/or cancers and further, upon the grounds that it is overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections, and without waiving same, Plaintiff states as follows: Roger is in good health. (g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information unrelated to respiratory illnesses/conditions and/or cancers and further, upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. ii. (a) Name: Eric Spezio (b) Date of birth: January 19, 1976 (c) Sex: Male (d) Current address: 103 Wheeling Ave, Staten Island, NY 10309 (e) Eric is a natural child. (f) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information unrelated to respiratory illnesses/conditions and/or cancers and further, upon the grounds that it is overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections, and without waiving same, Plaintiff states as follows: Eric is in good health. 4 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information unrelated to respiratory illnesses/conditions and/or cancers and further, upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. iii. (a) Name: Steven Spezio (b) Date of birth: August 20, 1981 (c) Sex: Male (d) Current address: 223 Yetman Ave, Staten Island, NY 10307 (e) Steven is a natural child. (f) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information unrelated to respiratory illnesses/conditions and/or cancers and further, upon the grounds that it is overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections, and without waiving same, Plaintiff states as follows: Steven is in good health. (g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks information unrelated to respiratory illnesses/conditions and/or cancers and further, upon the grounds that it is overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 5. List all injured plaintiff’s/decedent’s residences, the dates injured plaintiff/decedent resided at each, and with respect to each state: (a) Whether such residence contained asbestos insulation; (b) Whether any improvements were made to the residence (i.e., insulation, rewiring, etc.); (c) The type of fuel used for heating; (d) The type of fuel used for cooking; and (e) Whether injured plaintiff/decedent ever changed residence for health reasons and, if so, the residence left and the health reason for leaving. ANSWER: To the extent known, Plaintiff resided at the following locations: i. Address: 156 Conover Street, Brooklyn, NY Dates: 1946 - 1956 (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: No. (c) -(d) Oil & gas for heating; coal and wood for cooking 5 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. ii. Address: 384 12th Street, Brooklyn, NY Dates: 1956 - 1967 (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: No. (c) -(d) Oil for heating; Gas for cooking (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. iii. Address: 315 16th Street, Brooklyn, NY 11215 Dates: 1969-1972 (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: No. (c) -(d) Gas for heating; gas for cooking (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. iv. Address: 16th Street, Brooklyn, NY Dates: 1973 (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: No. (c) -(d) Gas for heating; Gas for cooking (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. v. Address: 203 11th Street, Brooklyn, NY Dates: 1974-1976 (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: The home was resided. 6 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (c) -(d) Gas for heating; Gas for cooking (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. vi. Address: 42 Woehrle Ave, Staten Island, NY 10312 Dates: 1976-2009 (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: Plaintiff made many improvements to this residence including: Framing lumber, sheetrock, joint compound, paint, plumbing, electric, installation of wood deck, excavation, pool installation, concrete work, installed cobblestone driveway, brick work, installed fence, sanded and installed cabinets, concrete repair, pipe soldering, and sewer clean up. (c) -(d) Gas for heating; Gas for cooking (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. iv. Address: 103 Wheeling Ave, Staten Island, NY 10312 Dates: 2009 - present (a) Asbestos Insulation: Unknown (b) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague and overbroad. Notwithstanding these objections, and without waiving same, Plaintiff states the following: No. (c) -(d) Gas for heating; Gas for cooking (e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that it is vague, and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. 6. Identify each member of the injured plaintiff’s/decedent’s household in the last five years, or years prior to death, and also state as to each: (a) His age, occupation, and relationship to the injured plaintiff/decedent; and (b) The portion of the last 12 months, or the last 12 months of the decedent’s life, during which he was a member of the household. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections and without waiving same, Plaintiff states the following: 7 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 i. Kathleen Spezio (a) 71 years old; retired from NYC Board of Education; Plaintiff’s spouse (b) Entire period ii. Eric Spezio (a) 47 years old; retired; Plaintiff’s son (b) Entire period iii. Gloria Spezio (a) Plaintiff’s daughter-in-law (b) Entire period iv. Lucianna Spezio (a) 11 years old; Plaintiff’s granddaughter (b) Entire period 7. List injured plaintiff’s/decedent’s hobbies or the major leisure activities in which he engaged during the last twenty years, or the last twenty years of his life. If the injured plaintiff/decedent did not have hobbies or participate in leisure activities, describe how he spent his leisure time. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome and that the information sought is not relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections and without waiving same, Plaintiff states the following: Plaintiff enjoyed going to markets, going out to dinner and movies with his wife and spending time with his sons and five grandchildren. 8. Did injured plaintiff/decedent or his spouse ever file for divorce against the other? If your answer is yes, state the date of suit, its disposition, and the date of disposition. ANSWER: Plaintiff objects to this interrogatory upon the grounds that the material sought therein is not relevant to this action nor is it reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections and without waiving same, Plaintiff states the following: Not applicable. 9. Were injured plaintiff/decedent and his spouse ever separated for any period more than 48 hours because of a marital disagreement? 8 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 If your answer is yes, indicate every such incident, stating the reason for the separation and the length of time of each separation. ANSWER: Plaintiff objects to this interrogatory upon the grounds that the material sought therein is not relevant to this action, and the information sought is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections and without waiving same, plaintiff states the following: Please refer to Plaintiff’s Response to Interrogatory 8. 10. Was injured plaintiff/decedent ever a party to or a witness in any lawsuit, court or administrative proceeding? If your answer is yes, state: (a) Whether injured plaintiff/decedent was a party or a witness and, if a party, whether he was a plaintiff or a defendant; (b) The title of the lawsuit or proceeding, the court or agency in which it was brought, and the docket number; (c) The nature of the charges or claims and, if injured plaintiff/decedent was witness, the substance of his testimony; (d) The disposition of the case; and (e) Identify all insurance carriers or administrative agencies that either made payment or declined to make payment with respect to each such lawsuit or claim. ANSWER: Yes. Plaintiff was hit by a delivery truck in the early 1990s. 11. Has injured plaintiff/decedent ever applied and been rejected for a life insurance, medical insurance, or disability insurance policy? If you answer is yes, state with regard to each such event: (a) The identity of the insurer to whom such application was made; (b) The date of such application; (c) The identity of any Physician conducting a physical examination with regard to such application and the date thereof; (d) The reason for such rejection; and (e) Produce all documentation of said application and rejection. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome, and that the information sought is neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. C. EMPLOYMENT HISTORY 9 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 12. Have you or anyone on your behalf requested from the Social Security Administration a listing of all of the insured plaintiff’s/decedent’s employers and dates of employment? If your answer is yes, attach a copy of such listing to your responses to these interrogatories. If not available, execute and provide a release in the form annexed as Exhibit A. ANSWER: A duly executed authorization will be provided to RecordTrak for the information sought. 13. Identify each and every employer that injured plaintiff/decedent had from the time he was first employed to present, or to the time of his death, including any and all military service, and as to each, state: (a) The period of time injured plaintiff/decedent worked for each such employer; (b) Each position/job title which injured plaintiff/decedent held with each such employer and the dates each such position/job title was held by injured plaintiff/decedent; (c) The nature of the work performed; (d) The location(s) of injured plaintiff’s/decedent’s particular jobsite(s); (e) The nature of the materials or products injured plaintiff/decedent worked with; and (f) Whether said activity involved working in the presence of dust, pollutants, or toxic substances and, if so: (I) Identify by name or type said dust, pollutants, or toxic substances; (ii) State whether any suction device, fan, or other ventilation system was present at the jobsite; and (iii) State whether the employer or any governmental agency or union took air samplings at the jobsite and, if so, identify the persons who took the air samplings, at the dates such samplings were taken and the persons presently having possession or control of any documents relating to such air samplings. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome and that the information sought is neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections, and without waiving same, Plaintiff states as follows: Please refer to Chart “A” annexed hereto. Defendants are also directed to Plaintiff’s printout from the Social Security Administration, for which an authorization has been provided to RecordTrak. 10 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 14. If injured plaintiff/decedent was self-employed any time, identify each such business, and as to each, state: (a) The period during which injured plaintiff/decedent was self-employed; (b) The nature of the work performed; (c) The location(s) of injured plaintiff’s/decedent’s particular jobsite(s); (d) The nature of the materials or products injured plaintiff/decedent worked with; and (e) Whether said activity involved working in the presence of dust, pollutants, or toxic substances and, if so: (I) Identify by name or type said dust, pollutants, or toxic substances; (ii) State whether any suction device, fan, or other ventilation system was present at the jobsite; and (iii) State whether the employer, any governmental agency, any union or any other person took air samplings at any jobsite at which injured plaintiff/decedent worked, and, if so, identify the person(s) who took the air samples, the dates such air samples were taken and the persons presently having possession or control of any documents relating to such air samples. ANSWER: Plaintiff owned a luncheonette from 1992 – 1995. 15. For each of your worksites, please state: (a) The name of the worksite; (b) The location of the worksite; (c) As precisely as possible, the time period you worked at the worksite, including the total number of days you worked at the worksite; (d) The name and address of each of your employers; (e) Your job title(s); (f) Each kind of work you performed at the worksite; (g) Whether there was one or more occasions when you worked with or around raw asbestos or asbestos-containing material(s) at the worksite. For subsequent occasions at a given worksite, information which is unchanged need not be repeated. If “yes”, for each occasion, please state: (I) The specific area within the worksite where you worked with or around raw asbestos or asbestos-containing material(s); (ii) As precisely as possible, the time period of each such occasion, including the total number of days of each such occasion; (iii) Identify all person(s) who directed your day-to-day work activity and that person(s)’ employer; (iv) Identify all persons who were your co-workers on this occasion; 11 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (v) Identify all persons who have information regarding your work with or around raw asbestos or asbestos-containing material(s) on this occasion; (vi) List each contractor you and/or your attorney allege installed and/or removed raw asbestos or asbestos-containing material(s) during your work at that site; (vii) List each contractor you and/or your attorney allege installed and/or removed raw asbestos or asbestos-containing material(s) prior to your work at that site; (viii) Identify all documents in your possession or under your control relating to your work on this occasion, including but not limited to travel logs, diaries, work logs, calendars, time sheets, photographs, drawings and union logs or summaries. (ix) Identify all other documents of which you or your attorneys are aware relating to your work on this occasion, including but not limited to time sheets, invoices, purchase orders, contracts, specifications, photographs, drawings, job logs, work requests and union dispatch slips. (x) Whether you installed, removed, disturbed or handled raw asbestos or asbestos-containing material(s) during the occasion. If “yes”; A. Describe each raw asbestos or asbestos-containing material(s) you installed, removed, disturbed or handled during the occasion; B. Describe specifically the work you performed regarding each raw asbestos or asbestos-containing material including whether the work was performed indoors or outdoors; C. State whether your employer took any safety precautions to protect you from breathing dust. If “yes”, describe each safety precaution taken; D. State whether your union or employee association took any safety precautions to protect you from breathing dust. If “yes”, describe each safety precaution taken; and E. State whether you took any safety precautions to protect you from breathing dust. If “yes”, describe each safety precaution taken. (xi) Whether you allege any exposure to asbestos from raw asbestos or asbestos-containing material(s) other than those you personally installed, removed, disturbed or handled yourself during the occasion. If “yes”: A. Describe specifically the work you performed during the occasion, including whether the work was performed indoors or outdoors; 12 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 B. Describe each raw asbestos or asbestos-containing material(s) that released the asbestos fibers to which you allege exposure. C. List the trade(s) using the raw asbestos or asbestos-containing material(s) and identify the employer of each trade; D. Describe the manner in which each trade used the raw asbestos or asbestos-containing material(s), (for example: installed, removed, disturbed or handled); E. Describe: (I) The area where the trades using the raw asbestos or asbestos-containing material(s) worked, and; (ii) The approximate distance from that area to the area where you worked; F. State whether your employer took any safety precautions to protect you from breathing dust (for example: work segregation, ventilation, wet-down, hazard education, working signs, respiratory protection). If “yes”, describe each safety precaution taken; G. State whether your union or employee association took any safety precautions to protect you from breathing dust. If “yes”, describe each safety precaution taken; and H. State whether you took any safety precautions to protect you from breathing dust. If “yes”, describe each safety precaution taken. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome and that the information sought is neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding the above objections, and without waiving same, Plaintiff responds as follows: Please refer to Chart “A” annexed hereto. 16. If you are aware that any person you have identified in the preceding Interrogatory Nos. 14 and 15 has had his or her deposition taken, identify the deposition by the name of the deponent, the date the deposition was taken, the caption and number of the action in which it was taken, the court which has jurisdiction over the action in which it was taken (including state and county) and either the name and address of the court reporting agency which took the deposition or the name and address deponent’s counsel of record. ANSWER: 13 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 Plaintiff objects to this interrogatory upon the grounds that it is unduly burdensome in that it calls for information equally and as readily available to defendants as it is to plaintiff, and calls for information neither relevant to this action and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections and without waiving same, Plaintiff states the following: The Court’s Case Management Order sets forth deadlines for disclosure of documents and witnesses, and accordingly, same shall be provided by Plaintiff as requested. Plaintiffs’ complaint sets forth allegations against the respective defendants to this action, and discovery is ongoing. 17. Either (1) attach all documents evidencing the information sought in these interrogatories and their subparts to your answers to these interrogatories, or (2) attach disks containing such data, or (3) describe such documents with sufficient particularity that they may be made the subject of a request for production of documents. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague and overbroad, and is not the proper subject for an interrogatory as the information sought is evidentiary in nature. 18. Did injured plaintiff/decedent ever lose a job, change jobs or change his position with an employer for health reasons? If your answer is yes, state as to each such event: (a) The employer and job position which injured plaintiff/decedent left; (b) The date of such event; (c) The health reason for such event; and (d) The new employer and/or job position which injured plaintiff/decedent next assumed. ANSWER: Plaintiff objects to this interrogatory to the extent that it seeks material neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections, and without waiving same, Plaintiff states the following: No. 19. Are you aware of, have you ever seen, or do you or your attorney possess or have access to any photographs, charts, drawings, diagrams or other graphic representations depicting work conditions at work sites where you claim injured plaintiff/decedent was exposed to asbestos materials and/or asbestos-containing products? If your answer is yes, with respect to each: (a) Identify each such photograph or other document, including a statement as to which views, scenes or objects it purports to depict, the person who took or prepared each such photograph or other document, and the date taken or prepared; 14 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (b) State whether the photograph or other document was prepared on your behalf or on behalf of other persons allegedly exposed to asbestos or as a result of circumstances relating to this or any other lawsuit; and (c) Attach a copy. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome, and an improper subject for an interrogatory to the extent it seeks attorney work product. Notwithstanding these objections, and without waiving same, Plaintiff is aware of no such documents and/or information at this time but Plaintiff is continuing his search and will produce anything responsive to this request in accordance with the deadlines articulated in the controlling Scheduling Order. 20. During the period of time for which you claim injured plaintiff/decedent was exposed to asbestos materials and/or asbestos-containing products, did injured plaintiff/decedent share a household with any other person(s) who worked or was employed outside the household? If your answer is yes, identify: (a) Each such other person; (b) The period(s) of time each such other person shared such household; (c) The period(s) of time each such other person worked or was so employed; (d) The nature of each job held or job title for each such other person in each such period of time; and (e) Each and every employer of each such other person in each such period of time. ANSWER: Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly burdensome and that the information sought is neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding these objections and without waiving same, Plaintiff states the following: (a) Kathleen Spezio, spouse (b) 1972 – present (c – e) Kathleen worked for the NYC Board of Education from approximately 1980-1994. D. TOXIC EXPOSURE 21. Was injured plaintiff/decedent ever exposed to or did injured plaintiff/decedent ever use, inhale or ingest any of the following substances on a regular basis or at work? If your answer is yes, state the date(s), place(s), and circumstances thereof: (a) Acids; 15 FILED: ULSTER COUNTY CLERK 11/15/2023 04:36 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 198 RECEIVED NYSCEF: 11/15/2023 (b) Aluminum; (c) Ammonia; (d) Arsenic; (e) Barium; (f) Berylium; (g) Butanol; (h) Cadmium; (I) Carborundum; (j) Chloroethylene; (k) Chlorine; (l) Chromate; (m) Chromite; (n) Chromium; (o) Coal and/or coal dust (p) Coal tar; (q) Cotton dust; (r) Creosote; (s) Epoxy; (t) Ethanol; (u) Formaldehyde; (v) Grinding dust; (