Preview
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
Exhibit A
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27
e O PY RECEIVED NYSCEF: 12/28/2023
- - - - - - - _ _ _ _ - - - - - - - - - - - _ _ _ x
IN THE MATTER OF THE CLAIM OF
ROBIN ELLIS,
Claimant,
-against-
THE COUNTY OF NASSAU, TOWN OF HEMPSTEAD,
VILLAGE OF ROCKVILLE CENTRE and
MICHAEL E. OSWALD,
Respondents.
_ _ _ _ - - - _ - - - - - - - - - - - - - - - - - x
Web Conference
November 1, 2022
2:14 P.M.
50-H HEARING OF ROBIN ELLIS,
the Claimant in the above-entitled action, taken by
the attorney for Defendants, Village of Rockville
Centre and Michael E. Oswald, held via web
conference before Andrea Bloecker, a Notary Public
within and for the State of New York.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 2
2 A P P E A R A N C E S:
3
4 LAW OFFICE OF COHEN & JAFFE, LLP
Attorneys for Claimant
5 2001 Marcus Avenue, Suite W295
Lake Success, New York 11042
6
BY: TRICIA C. SMITH, ESQ.
7
8
HAMMILL, O'BRIEN, CROUTIER, DEMPSEY,
9 PENDER & KOEHLER, P.C.
Attorneys for Respondents --
10 Village of Rockville Centre and
Michael E. Oswald
11 6851 Jericho Turnpike, Suite 250
Syosset, New York 11791
12
BY: WILLIAM CROUTIER, ESQ.
13 File No. 45-0184N
14
15
16
17
18
19
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 3
2 THE REPORTER: It is hereby
3 stipulated and agreed by and between
4 counsel for all parties present that this
5 hearing is being conducted remotely by
6 videoconference, and that the court
7 reporter, witness and all counsel are in
8 separate remote locations and
9 participating via Zoom or any web
10 conference meeting platform under the
11 control of the court reporting agency.
12 It is further stipulated that this
13 videoconference will not be recorded in
14 any manner and that any recording,
15 without the express written consent of
16 all parties, shall be considered
17 unauthorized.
18 Before I swear in the witness, I
19 will ask each counsel to stipulate on the
20 record that I, the court reporter, may
21 swear in the witness even though I am not
22 physically in the presence of the witness
23 and that there is no objection to that at
24 this time, nor will there be an objection
25 at a future date.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 4
2 MR. CROUTIER: So stipulated.
3 MS. SMITH: So stipulated.
4 THE REPORTER: Ms. Smith, can you
5 represent that to the best of your
6 knowledge and belief the witness
7 appearing today via web conference is in
8 fact Robin Ellis?
9 MS. SMITH: Yes.
10
-oOo-
11 R O B I N E L L I S, having been first duly
12 sworn by a Notary Public of the State of New
13 York, was examined and testified as follows:
14 EXAMINATION BY
15 WILLIAM CROUTIER, ESQ.:
16 Q State your name for the record, please.
17 A Robin Ellis.
18 Q State your address for the record,
19 please.
20 A 316 Baldwin Road, Hempstead, New York
21 11550.
22 Q Mr. Ellis, my name is Bill Croutier. I
23 represent the Village of Rockville Centre in this
24 proceeding. I'm going to be asking you some
25 questions this afternoon. If you don't understand
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 5
2 the question, please let me know and I'll repeat it
3 or rephrase it for you.
4 Okay?
5 A Yes, sir.
6 Q We just ask that you verbalize all your
7 answers because we are doing this via Zoom and the
8 court reporter's job is tough enough doing it with
9 Zoom but you can't be shaking your head yes or no or
10 nodding your head. You're going to have to
11 verbalize all your answers.
12 All right?
13 A Yes, sir.
14 Q If at any time you need a break, please
15 let me know. You're entitled to have a break. The
16 only caveat would be that before we take a break
17 that you answer any outstanding question.
18 Good enough?
19 A Yes, sir.
20 Q Thank you, sir.
21 Mr. Ellis, how long have you resided at
22 316 Baldwin Road in Hempstead, New York?
23 A Over 21 years.
24 Q Do you own that premises or do you
25 rent?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 6
2 A Rent.
3 Q Is that a single family home?
4 A No, it's a two-family house, sir.
5 Q Is that a house owned by relatives of
6 yours?
7 A Yes, it do.
8 Q Who are the relatives that own it?
9 A My mom.
10 Q What's your mom's name?
11 A Shelia Ellis.
12 Q Does anyone else live at that house other
13 than you and your mom?
14 A No. My wife. Me and my wife.
15 Q What's your wife's name?
16 A Shernice Ellis.
17 Q Shanise?
18 A Yes.
19 Q S-h-a-n-i-s-e?
20 A S-h-e-r-n-i-c-e.
21 Q S-h-e-r-n-i-c-e, okay.
22 It's Shernice Ellis?
23 A Yes, sir.
24 Q Mr. Ellis, how old are you?
25 A I'm 47, sir.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 7
2 Q What's your date of birth?
3 A XX/XX/1975.
4 Q We'll only put the year on.
5 Your Social Security number, and we'll
6 only put the last four.
7 A 3271.
8 Q No, I need the whole Social from you.
9 We're only going to put 3271 on the record.
10 A XXX- --
11 Q I'm sorry?
12 A XXX-XX-3271.
13 Q Is it XXX? Is that what you said?
14 A Yes, sir.
15 Q I apologize. There's some noise outside
16 my office.
17 I see you're wearing glasses today. Do
18 you wear glasses for any particular reason?
19 A No. I just wear regularly.
20 Q You wear glasses regularly?
21 A Yes.
22 Q They're prescription glasses?
23 A No, sir.
24 Q They're not prescription?
25 A No, sir.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 8
2 Q Those are sunglasses you're wearing
3 today?
4 A Something like that.
5 Q What's that?
6 A Something like that.
7 Q Are you right-handed or left-handed?
8 A I'm left-handed.
9 Q What is your current height and weight?
10 A I'm five five and I weigh like 130
11 pound.
12 Q Do you have any children?
13 A Yes, I do.
14 Q How many children do you have?
15 A Three.
16 Q What are their ages?
17 A 28, 24 and 26.
18 Q Do any of your children live with you at
19 the present time?
20 A No, sir.
21 Q Did any of your children live with you
22 back in April of 2022?
23 A No, sir.
24 Q How long have you been married to
25 Shernice?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 9
2 A Over 25 years now.
3 Q Do you have a valid New York State
4 driver's license?
5 A Yes, I do.
6 Q Did you have a valid New York State
7 driver's license on April 29, 2022?
8 A Yes, I do.
9 Q Do you have any restrictions on that
10 license?
11 A No, I don't.
12 Q Were you required to wear glasses on that
13 license?
14 A No, I don't.
15 Q Were you involved in a motor vehicle
16 accident on April 29, 2022?
17 A Yes, I was.
18 Q Can you tell me approximately what time
19 that accident occurred?
20 A Around like 3, 3, 3:30, something like
21 that. 3:30. Something around that time.
22 Q P.M., in the afternoon?
23 A Yes.
24 Q What was the weather like at the time of
25 the accident?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 10
2 A It was well. The weather was perfect.
3 Q No precipitation, the roads were dry?
4 A No. Yes, the road was dry.
5 Q Were you operating a motor vehicle at the
6 time of the accident?
7 A Yes, I was.
8 Q Did you own that vehicle?
9 A Yes, I am.
10 Q What type of vehicle were you
11 operating?
12 A A 2013 BMW X6.
13 Q Do you recall the license plate number of
14 that vehicle?
15 A No, I can't recall. No, I don't
16 remember.
17 Q If I told you it was 361559T, would that
18 refresh your recollection?
19 A No, I can't think right now. No.
20 Q Was that vehicle registered in New York
21 or New Jersey?
22 A In Jersey.
23 Q When had you purchased that vehicle?
24 A Like six -- like four month.
three,
25 Q Three to four months before the
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 11
2 accident?
3 A Yes.
4 Q So you had purchased it used, correct?
5 A Yes.
6 Q How many miles did the vehicle have on it
7 when you purchased it?
8 A Around 145, something like that.
9 Q 145, 000?
10 A Yes, sir.
11 Q What was the mechanical condition of the
12 vehicle?
13 A There wasn't no -- after the accident
14 or --
15 Q No, before the accident was it in good
16 mechanical condition?
17 A Good condition. Good condition.
18 Q How about the exterior of the vehicle,
19 was it in good repair, the body of the vehicle?
20 A Yes, it was.
21 Q Was there any damage to the vehicle?
22 A No, it wasn't.
23 Q Was that vehicle an automatic or a
24 standard?
25 A Automatic.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 12
2 Q Did it have power steering?
3 A Yes, it do.
4 Q Power brakes?
5 A Yes, it do.
6 Q Did you purchase this vehicle in New
7 Jersey?
8 A Yes, I did.
9 Q On the date of the accident, did you have
10 any passengers in the vehicle with you?
11 A No.
12 Q Do you recall where the accident took
13 place?
14 A In Rockville Centre.
15 Q Do you recall on what streets?
16 A I think it was Cedar Street, Cedar
17 Avenue.
18 Q And?
19 A Hempstead Avenue, the cross street.
20 Q Where were you coming from at the time of
21 the accident?
22 A I were dropping off a friend on Cedar
23 Avenue.
24 Q What was the name of the friend you
25 dropped off?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 13
2 A Chris.
3 Q Do you know his last name?
4 A Yes. Chris Miller. Chris Miller.
5 Q Miller?
6 A Yes.
7 Q Do you know what address he lived at on
8 Cedar?
9 A No, I don't know the address. No.
10 Q Did he live on Cedar between Hempstead
11 and Burtis or between Burtis and Morris, if you
12 know?
13 A No, I can't recall.
14 Q Do you know how far from Hempstead Avenue
15 his house was?
16 A Two blocks.
17 Q To drop him off, did you come down
18 Hempstead Avenue and make a turn onto Cedar?
19 A Yes, sir.
20 Q Where were you going to after you dropped
21 him off?
22 A I was going home.
23 Q That was to the address on Baldwin Road
24 in Hempstead?
25 A Yes, sir.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023
1 R. ELLIS 14
2 Q When you dropped him off two blocks from
3 Hempstead Avenue, do you know in which compass
4 direction you were proceeding on Cedar?
5 A I was going down to Hempstead Avenue.
6 Q So you were going back to Hempstead
7 Avenue?
8 A Yes. Yes, sir.
9 Q Cedar Avenue, that's a residential street
10 in Rockville Centre?
11 A Yes, it is.
12 Q How many lanes of traffic does it
13 accommodate in each direction?
14 A Two lanes.
15 Q One in each direction?
16 A Yes, sir.
17 Q Are there any line markings on the
18 roadway that separates the two lanes in each
19 direction?
20 A No, sir.
21 Q Were there any vehicles parked on Cedar
22 Avenue at or about the area where the ac
Preview
FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 Exhibit A FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 e O PY RECEIVED NYSCEF: 12/28/2023 - - - - - - - _ _ _ _ - - - - - - - - - - - _ _ _ x IN THE MATTER OF THE CLAIM OF ROBIN ELLIS, Claimant, -against- THE COUNTY OF NASSAU, TOWN OF HEMPSTEAD, VILLAGE OF ROCKVILLE CENTRE and MICHAEL E. OSWALD, Respondents. _ _ _ _ - - - _ - - - - - - - - - - - - - - - - - x Web Conference November 1, 2022 2:14 P.M. 50-H HEARING OF ROBIN ELLIS, the Claimant in the above-entitled action, taken by the attorney for Defendants, Village of Rockville Centre and Michael E. Oswald, held via web conference before Andrea Bloecker, a Notary Public within and for the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 2 2 A P P E A R A N C E S: 3 4 LAW OFFICE OF COHEN & JAFFE, LLP Attorneys for Claimant 5 2001 Marcus Avenue, Suite W295 Lake Success, New York 11042 6 BY: TRICIA C. SMITH, ESQ. 7 8 HAMMILL, O'BRIEN, CROUTIER, DEMPSEY, 9 PENDER & KOEHLER, P.C. Attorneys for Respondents -- 10 Village of Rockville Centre and Michael E. Oswald 11 6851 Jericho Turnpike, Suite 250 Syosset, New York 11791 12 BY: WILLIAM CROUTIER, ESQ. 13 File No. 45-0184N 14 15 16 17 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 3 2 THE REPORTER: It is hereby 3 stipulated and agreed by and between 4 counsel for all parties present that this 5 hearing is being conducted remotely by 6 videoconference, and that the court 7 reporter, witness and all counsel are in 8 separate remote locations and 9 participating via Zoom or any web 10 conference meeting platform under the 11 control of the court reporting agency. 12 It is further stipulated that this 13 videoconference will not be recorded in 14 any manner and that any recording, 15 without the express written consent of 16 all parties, shall be considered 17 unauthorized. 18 Before I swear in the witness, I 19 will ask each counsel to stipulate on the 20 record that I, the court reporter, may 21 swear in the witness even though I am not 22 physically in the presence of the witness 23 and that there is no objection to that at 24 this time, nor will there be an objection 25 at a future date. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 4 2 MR. CROUTIER: So stipulated. 3 MS. SMITH: So stipulated. 4 THE REPORTER: Ms. Smith, can you 5 represent that to the best of your 6 knowledge and belief the witness 7 appearing today via web conference is in 8 fact Robin Ellis? 9 MS. SMITH: Yes. 10 -oOo- 11 R O B I N E L L I S, having been first duly 12 sworn by a Notary Public of the State of New 13 York, was examined and testified as follows: 14 EXAMINATION BY 15 WILLIAM CROUTIER, ESQ.: 16 Q State your name for the record, please. 17 A Robin Ellis. 18 Q State your address for the record, 19 please. 20 A 316 Baldwin Road, Hempstead, New York 21 11550. 22 Q Mr. Ellis, my name is Bill Croutier. I 23 represent the Village of Rockville Centre in this 24 proceeding. I'm going to be asking you some 25 questions this afternoon. If you don't understand 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 5 2 the question, please let me know and I'll repeat it 3 or rephrase it for you. 4 Okay? 5 A Yes, sir. 6 Q We just ask that you verbalize all your 7 answers because we are doing this via Zoom and the 8 court reporter's job is tough enough doing it with 9 Zoom but you can't be shaking your head yes or no or 10 nodding your head. You're going to have to 11 verbalize all your answers. 12 All right? 13 A Yes, sir. 14 Q If at any time you need a break, please 15 let me know. You're entitled to have a break. The 16 only caveat would be that before we take a break 17 that you answer any outstanding question. 18 Good enough? 19 A Yes, sir. 20 Q Thank you, sir. 21 Mr. Ellis, how long have you resided at 22 316 Baldwin Road in Hempstead, New York? 23 A Over 21 years. 24 Q Do you own that premises or do you 25 rent? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 6 2 A Rent. 3 Q Is that a single family home? 4 A No, it's a two-family house, sir. 5 Q Is that a house owned by relatives of 6 yours? 7 A Yes, it do. 8 Q Who are the relatives that own it? 9 A My mom. 10 Q What's your mom's name? 11 A Shelia Ellis. 12 Q Does anyone else live at that house other 13 than you and your mom? 14 A No. My wife. Me and my wife. 15 Q What's your wife's name? 16 A Shernice Ellis. 17 Q Shanise? 18 A Yes. 19 Q S-h-a-n-i-s-e? 20 A S-h-e-r-n-i-c-e. 21 Q S-h-e-r-n-i-c-e, okay. 22 It's Shernice Ellis? 23 A Yes, sir. 24 Q Mr. Ellis, how old are you? 25 A I'm 47, sir. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 7 2 Q What's your date of birth? 3 A XX/XX/1975. 4 Q We'll only put the year on. 5 Your Social Security number, and we'll 6 only put the last four. 7 A 3271. 8 Q No, I need the whole Social from you. 9 We're only going to put 3271 on the record. 10 A XXX- -- 11 Q I'm sorry? 12 A XXX-XX-3271. 13 Q Is it XXX? Is that what you said? 14 A Yes, sir. 15 Q I apologize. There's some noise outside 16 my office. 17 I see you're wearing glasses today. Do 18 you wear glasses for any particular reason? 19 A No. I just wear regularly. 20 Q You wear glasses regularly? 21 A Yes. 22 Q They're prescription glasses? 23 A No, sir. 24 Q They're not prescription? 25 A No, sir. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 8 2 Q Those are sunglasses you're wearing 3 today? 4 A Something like that. 5 Q What's that? 6 A Something like that. 7 Q Are you right-handed or left-handed? 8 A I'm left-handed. 9 Q What is your current height and weight? 10 A I'm five five and I weigh like 130 11 pound. 12 Q Do you have any children? 13 A Yes, I do. 14 Q How many children do you have? 15 A Three. 16 Q What are their ages? 17 A 28, 24 and 26. 18 Q Do any of your children live with you at 19 the present time? 20 A No, sir. 21 Q Did any of your children live with you 22 back in April of 2022? 23 A No, sir. 24 Q How long have you been married to 25 Shernice? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 9 2 A Over 25 years now. 3 Q Do you have a valid New York State 4 driver's license? 5 A Yes, I do. 6 Q Did you have a valid New York State 7 driver's license on April 29, 2022? 8 A Yes, I do. 9 Q Do you have any restrictions on that 10 license? 11 A No, I don't. 12 Q Were you required to wear glasses on that 13 license? 14 A No, I don't. 15 Q Were you involved in a motor vehicle 16 accident on April 29, 2022? 17 A Yes, I was. 18 Q Can you tell me approximately what time 19 that accident occurred? 20 A Around like 3, 3, 3:30, something like 21 that. 3:30. Something around that time. 22 Q P.M., in the afternoon? 23 A Yes. 24 Q What was the weather like at the time of 25 the accident? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 10 2 A It was well. The weather was perfect. 3 Q No precipitation, the roads were dry? 4 A No. Yes, the road was dry. 5 Q Were you operating a motor vehicle at the 6 time of the accident? 7 A Yes, I was. 8 Q Did you own that vehicle? 9 A Yes, I am. 10 Q What type of vehicle were you 11 operating? 12 A A 2013 BMW X6. 13 Q Do you recall the license plate number of 14 that vehicle? 15 A No, I can't recall. No, I don't 16 remember. 17 Q If I told you it was 361559T, would that 18 refresh your recollection? 19 A No, I can't think right now. No. 20 Q Was that vehicle registered in New York 21 or New Jersey? 22 A In Jersey. 23 Q When had you purchased that vehicle? 24 A Like six -- like four month. three, 25 Q Three to four months before the 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 11 2 accident? 3 A Yes. 4 Q So you had purchased it used, correct? 5 A Yes. 6 Q How many miles did the vehicle have on it 7 when you purchased it? 8 A Around 145, something like that. 9 Q 145, 000? 10 A Yes, sir. 11 Q What was the mechanical condition of the 12 vehicle? 13 A There wasn't no -- after the accident 14 or -- 15 Q No, before the accident was it in good 16 mechanical condition? 17 A Good condition. Good condition. 18 Q How about the exterior of the vehicle, 19 was it in good repair, the body of the vehicle? 20 A Yes, it was. 21 Q Was there any damage to the vehicle? 22 A No, it wasn't. 23 Q Was that vehicle an automatic or a 24 standard? 25 A Automatic. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 12 2 Q Did it have power steering? 3 A Yes, it do. 4 Q Power brakes? 5 A Yes, it do. 6 Q Did you purchase this vehicle in New 7 Jersey? 8 A Yes, I did. 9 Q On the date of the accident, did you have 10 any passengers in the vehicle with you? 11 A No. 12 Q Do you recall where the accident took 13 place? 14 A In Rockville Centre. 15 Q Do you recall on what streets? 16 A I think it was Cedar Street, Cedar 17 Avenue. 18 Q And? 19 A Hempstead Avenue, the cross street. 20 Q Where were you coming from at the time of 21 the accident? 22 A I were dropping off a friend on Cedar 23 Avenue. 24 Q What was the name of the friend you 25 dropped off? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 13 2 A Chris. 3 Q Do you know his last name? 4 A Yes. Chris Miller. Chris Miller. 5 Q Miller? 6 A Yes. 7 Q Do you know what address he lived at on 8 Cedar? 9 A No, I don't know the address. No. 10 Q Did he live on Cedar between Hempstead 11 and Burtis or between Burtis and Morris, if you 12 know? 13 A No, I can't recall. 14 Q Do you know how far from Hempstead Avenue 15 his house was? 16 A Two blocks. 17 Q To drop him off, did you come down 18 Hempstead Avenue and make a turn onto Cedar? 19 A Yes, sir. 20 Q Where were you going to after you dropped 21 him off? 22 A I was going home. 23 Q That was to the address on Baldwin Road 24 in Hempstead? 25 A Yes, sir. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NASSAU COUNTY CLERK 12/28/2023 11:03 AM INDEX NO. 607676/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/28/2023 1 R. ELLIS 14 2 Q When you dropped him off two blocks from 3 Hempstead Avenue, do you know in which compass 4 direction you were proceeding on Cedar? 5 A I was going down to Hempstead Avenue. 6 Q So you were going back to Hempstead 7 Avenue? 8 A Yes. Yes, sir. 9 Q Cedar Avenue, that's a residential street 10 in Rockville Centre? 11 A Yes, it is. 12 Q How many lanes of traffic does it 13 accommodate in each direction? 14 A Two lanes. 15 Q One in each direction? 16 A Yes, sir. 17 Q Are there any line markings on the 18 roadway that separates the two lanes in each 19 direction? 20 A No, sir. 21 Q Were there any vehicles parked on Cedar 22 Avenue at or about the area where the ac