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NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024
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2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
3 -------------------------------------------X
NANCY LAURICELLA,
4
PLAINTIFF,
5
-against- Index No.:
6 55036/2021
7 D'ARCANGELO & CO., LLP, and MICHAEL C.
BETROS, CPA, PFS, and ARLINGTON PROFESSIONAL
8 SUITES, LLC,
9 DEFENDANTS.
-------------------------------------------X
10
11 DATE: March 27, 2023
12 TIME: 10:15 A.M.
13
14 EXAMINATION BEFORE TRIAL of the
15 Plaintiff, NANCY LAURICELLA, taken by the
16 Defendants, pursuant to Notice, held at
17 Courtyard by Marriott, 2641 South Road, #9,
18 Poughkeepsie, New York 12601, before Lisa M.
19 Rosso, a Notary Public of the State of
20 New York.
21
22
23
24
25 Job No. CS5801141
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2 A P P E A R A N C E S:
3
4 PAMELA GABIGER, ESQ.
Attorneys for the Plaintiff
5 NANCY LAURICELLA
P.O. Box 2952
6 Poughkeepsie, New York 12603
BY: PAMELA GABIGER, ESQ.
7
8 MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP
Attorneys for the Defendants
9 D'ARCANGELO & CO., LLP, and MICHAEL C.
BETROS, CPA, PFS, and ARLINGTON
10 PROFESSIONAL SUITES, LLC
6 Tower Place
11 Albany, New York 12203
BY: BRIDGET M. SCHULTZ, ESQ.
12
* * *
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No
4 objections shall be made at a deposition
except those which, pursuant to subdivision
5 (b), (c) or (d) of Rule 3115 of the Civil
Practice Law and Rules, would be waived if
6 not interposed, and except in compliance
with subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall be
given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as
12 not to suggest an answer to the deponent
and, at the request of the questioning
13 attorney, shall include a clear statement as
to any defect in form or other basis of
14 error or irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this rule,
15 during the course of the examination persons
in attendance shall not make statements or
16 comments that interfere with the
questioning.
17 221.2 Refusal to answer when objection is
made A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to any
21 person. An attorney shall not direct a
deponent not to answer except as provided in
22 CPLR Rule 3115 or this subdivision. Any
refusal to answer or direction not to answer
23 shall be accompanied by a succinct and clear
statement of the basis therefor. If the
24 deponent does not answer a question, the
examining party shall have the right to
25 complete the remainder of the deposition.
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties consent
or the communication is made for the purpose
6 of determining whether the question should
not be answered on the grounds set forth in
7 section 221.2 of these rules and, in such
event, the reason for the communication
8 shall be stated for the record succinctly
and clearly.
9
10
11 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before any
12 Notary Public with the same force and effect
as if signed before a clerk or a Judge of
13 the court.
14
IT IS FURTHER STIPULATED AND AGREED
15 that the examination before trial may be
utilized for all purposes as provided by the
16 CPLR.
17
IT IS FURTHER STIPULATED AND AGREED
18 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
19 appropriate sections of the CPLR shall be
controlling with respect hereto.
20
21 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
22 parties hereto that a copy of this
examination shall be furnished, without
23 charge, to the attorneys representing the
witness testifying herein.
24
25
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2 N A N C Y L A U R I C E L L A, called as a
3 witness, having been first duly sworn by a
4 Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MS. SCHULTZ:
8 Q. Please state your name for the
9 record.
10 A. Nancy Lauricella.
11 Q. Where do you reside?
12 A. 53 Nassau Road, Poughkeepsie, New
13 York 12601.
14 Q. Good morning, my name is Bridget
15 Schultz. Can you hear me okay?
16 A. Pretty good.
17 Q. All right. I will do my best to
18 speak up.
19 A. No, you're great, just that I do
20 have hearing aids on and but you never know,
21 miss one letter from a D to a T or whatever
22 so I will mention it if I didn't hear it
23 properly, I guess.
24 Q. Perfect. I represent the
25 defendants Arlington Professional Suites and
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2 D'Arcangelo in a matter that you commenced
3 as a result of a slip and fall that occurred
4 on January 7, 2019 and I'm going to be
5 asking you some questions regarding that
6 lawsuit today. Before we get going, I am
7 just going to articulate some ground rules.
8 First, you're doing a great job of it
9 already, just wait for me to finish my
10 question before you provide an answer.
11 Sometimes during depositions, we have a
12 tendency to speak when the other person is
13 speaking because it seems very
14 conversational, but it's just so the court
15 reporter can take everything that I say down
16 and everything that you say down. The other
17 thing that I ask is that when you do answer
18 a question, you have to say either yes or no
19 to the extent that it's a yes or no
20 question. You can't say uh-huhs, ut-huhs,
21 or shake your head, and that is just because
22 the court reporter can't take that down; is
23 that fair?
24 A. It's fair.
25 Q. All right. If you can't hear one
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2 or my questions --
3 A. Oh, I can hear you pretty loud
4 right now.
5 Q. I will keep my voice down then.
6 A. Yes, you don't have to go --
7 Q. If you can't hear one of my
8 questions, or if you don't understand one of
9 my questions, please let me know. If you
10 provide a response to one of my questions,
11 I'm going to assume that you understood the
12 question and that you know the answer; is
13 that fair?
14 A. Fair.
15 Q. If you need to take a break at all
16 today, that is completely acceptable, you
17 can take as many as you'd like, this is not
18 a race, and you are not under any time
19 constraints. I just ask that if there is a
20 question pending, you answer the question
21 and then you can take a break; is that okay?
22 A. (Nodding head yes)
23 Q. You have to verbally say yes or
24 no.
25 A. Yes.
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2 Q. Other than speak with your
3 attorney of which I don't want to know
4 anything about, did you speak with anyone
5 else about your testimony today?
6 A. No.
7 Q. Did you review any documents in
8 preparation for your testimony today?
9 A. Only if it was applicable to why I
10 fell.
11 Q. And what -- again, I am going
12 to --
13 A. I will say why I fell on the ice,
14 because I was going to an agency in that
15 building that -- so, you know, I just want
16 to -- one of the reasons that it happened is
17 I was visiting -- I was working, but ask me
18 and then I will also answer you whatever.
19 Q. Sure. Other than -- again, I
20 don't want to know about any communications
21 between you and your attorney, but did you
22 review any documents in preparation for your
23 deposition today?
24 A. I just looked at the reason why I
25 was going to that facility. I had a
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2 document that I don't have with me, it was
3 the reason why I went there.
4 Q. And what type of document did you
5 look at?
6 A. He was being evicted and I had the
7 transcript and I was going to that agency
8 because he was a client of theirs that they
9 hooked up with my rental.
10 Q. All right. Let me take a step
11 back, who was being evicted?
12 A. Nataniel Martin, he was a tenant?
13 Q. A tenant of what?
14 A. Rental, he rented my two bedroom
15 apartment.
16 Q. So you were a landlord?
17 A. Yes.
18 Q. And a landlord of what property?
19 A. 3346 East Main Street, Amenia, New
20 York 12501.
21 Q. You said Amenia, New York?
22 A. Amenia, New York.
23 Q. And the building that you were
24 going to regarding this eviction, is the
25 address 510 Haight, H-A-I-G-H-T, Avenue,
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2 Poughkeepsie, New York?
3 A. Haight, this is it.
4 Q. Haight?
5 A. That is RSS, the agency.
6 Q. All right. So, you just showed me
7 a business card for Rehabilitation Support
8 Services, Inc., Dutchess Division.
9 A. Yes, that is where I went.
10 Q. That is where you went on the date
11 of your slip and fall?
12 A. Yes.
13 Q. Okay. And what I will do if you
14 have no --
15 A. I don't know what I wrote back
16 there so I don't think it's applicable.
17 MS. GABIGER: Yeah, that's
18 confidential.
19 A. Could you --
20 Q. -- hold on one second. Before I
21 ask you questions about this.
22 A. Okay, go ahead.
23 Q. There is handwriting on the back
24 of this business card, do you see that. I
25 will just hand it back to you.
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2 A. Okay, rehabilitation, okay, it was
3 just -- that is not even applicable, the
4 tenant Anne was another tenant.
5 Q. Okay. You're jumping ahead of me.
6 First of all, is that your handwriting on
7 the back of this business card?
8 A. Yes.
9 Q. Okay.
10 A. I was just reiterating on the back
11 that it was a support system.
12 Q. Okay. A support system for what?
13 A. The young man that was living in
14 my house, in the apartment was involved, or
15 he was a client of RSS, which is a support
16 system for young people that are in rehab,
17 he evidently went through proper channels,
18 they paid three quarters of his rent. I'm
19 using that approximately and so the rest he
20 had to pay, and the reason the eviction was
21 going on is they also asked me, RSS if I
22 would take care of this young man's electric
23 and then he would have to pay, I guess
24 they're trying to wean him back to society,
25 and I agreed, but he didn't pay me when the
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2 bills came and I had to take him to court
3 and that is why I was going there that day.
4 Q. Had you ever been to this building
5 before the date of your slip and fall?
6 A. Many times, many, many times.
7 Q. How far away is this building from
8 your house?
9 A. I would say four, five miles, six
10 miles.
11 Q. And approximately, I will limit
12 this to the year of your fall, which was on
13 January 7th, 2019; correct?
14 A. Correct.
15 Q. How many times approximately did
16 you go to Rehabilitation Support Services,
17 Inc.?
18 A. Oh, God, I could have gone there a
19 dozen times if not more. I went there
20 frequently because of the fact that he was a
21 troubled young man.
22 Q. You sort of answered my next
23 question. I was going to ask if all of the
24 times that you had been to Rehabilitation
25 Support Services in the year before your
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2 accident related to your tenant?
3 A. How many times? Repeat that,
4 please.
5 Q. Sure. In the times -- in the year
6 leading up to your accident in January of
7 2019, when you would go to Rehabilitation
8 Support Services, were those visits all
9 related to your tenant?
10 MS. GABIGER: Wait, what year did
11 you say?
12 MS. SCHULTZ: In the year before
13 2019.
14 MS. GABIGER: Okay.
15 A. He was the only tenant with that
16 company, yes.
17 Q. No, but I think what I mean to ask
18 you is, all of your visits were associated
19 with your tenant, you weren't going there
20 for anything related to you or anyone else?
21 A. No.
22 Q. Do you understand my question?
23 A. It was only because he was my
24 tenant and he was difficult.
25 Q. So, in other words, you were not
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2 going to Rehabilitation Support Services for
3 anything related to your medical condition?
4 A. I don't have any medical
5 conditions.
6 Q. But that is what I'm asking.
7 A. Okay.
8 Q. All of your visits were associated
9 with trying to assist your tenant?
10 A. I wasn't -- okay, I'm not going to
11 volunteer, I would never be a client of
12 those people because I was not, I would just
13 say on drugs, alcoholic, whatever they aim
14 at to help anybody, he happened to be a
15 young person, maybe 30, something like that,
16 approximately but it could be anybody that
17 needed help that went to rehab and they
18 provided it, that they went to rehab, let's
19 say six months then they would qualify for
20 extra services that the government gives and
21 he was under that category, he got help,
22 they paid three quarters of him, you know, I
23 got like $649 from them but it changed.
24 Sometimes -- whatever his -- I suppose
25 that -- I don't know what his income was,
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2 but he to pay, let's say the difference
3 between my rent and what they gave and he
4 was supposed to pay me for electric and he
5 didn't. All I -- he avoided me like the
6 plague. When I went over there to my house,
7 and to approach him, he never answered the
8 door so he was difficult. But as long as he
9 paid, I left him alone, because he was
10 always polite when he did see me, but he
11 just didn't take care of business, you know.
12 Q. As a landlord, do you operate your
13 business through an LLC or by all --
14 A. I'm just a plain individual that
15 happened to own that building.
16 Q. Okay. So, the deed to 3346 East
17 Main Street is in your name?
18 A. The title, yes. The deed, yes.
19 Q. Are you the landlord of any other
20 properties?
21 A. Yes, I am.
22 Q. Are you still a landlord of 3346
23 East Main Street today?
24 A. Yes.
25 Q. What other properties do you own
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2 that you rent out?
3 A. 15 Firehouse Road.
4 Q. Anything else?
5 A. I own Old Farms Road in
6 Poughkeepsie.
7 Q. Actually, let me take a step back,
8 how many units do you rent out in 3346 East
9 Main Street?
10 A. Four.
11 Q. Did you also rent out four units
12 in January of 2019?
13 A. Correct.
14 Q. 15 Firehouse Road, where is that
15 located?
16 A. Mosaic.
17 Q. How many units do you rent in that
18 property?
19 A. Two.
20 Q. Did you also rent out two units in
21 2019?
22 A. Yes.
23 Q. Old Farms Road, where is that
24 located?
25 A. That's off of Spackenkill Road.
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2 Q. Is that commercial property?
3 A. No, it's just a ranch.
4 Q. Okay. Do you rent that out to
5 anybody?
6 A. I have a renter.
7 Q. Only one?
8 A. One.
9 Q. Did you have a renter of that
10 property back in January of 2019?
11 A. Yes.
12 Q. Do you own any other property that
13 you lease out?
14 A. 53 Nassau Road.
15 Q. And that's where you reside?
16 A. Yes.
17 Q. And how many units in that
18 property do you lease out?
19 A. That's just a single family house.
20 Q. Are you the only one that lives
21 there?
22 A. I have my daughter, my
23 granddaughter.
24 Q. Okay. She doesn't pay you rent
25 though; does she?
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2 A. No, I mean she contributes toward
3 the electric.
4 Q. Sure, but that is just a property
5 that you own, you don't lease that property
6 out; right?
7 A. No, not 53.
8 Q. Did you live at 53 Nassau Road in
9 January of 2019?
10 A. Yes.
11 Q. Are you married?
12 A. Well, he is deceased.
13 Q. I'm so sorry to hear that?
14 A. He died.
15 Q. When did he die?
16 A. 2017.
17 Q. Besides your granddaughter, do you
18 live at 53 Nassau Road with anybody else?
19 A. Just my daughter and my
20 granddaughter.
21 Q. Your daughter and granddaughter.
22 Did they also live with you in January of
23 2019?
24 A. Yes -- no, wait a minute, no, no.
25 When that happened, no, because it -- they
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2 moved in with me, when the COVID came.
3 Q. Okay.
4 A. I apologize.
5 Q. Did they move in with you because
6 of COVID?
7 A. I think so.
8 Q. This -- what you're here for today
9 is called a deposition. It's where you're
10 sworn under oath and answer questions. Have
11 you ever sat for a deposition before today?
12 A. I believe I did.
13 Q. Do you know how many times you
14 have sat for a deposition?
15 A. Oh, God, well, I sat with my
16 lawyer, you know, to -- but, it's a long
17 time ago, a long time ago, I believe 2013.
18 Q. Is that the only time that you
19 have sat for a deposition before?
20 A. I didn't know I was going to be
21 asked these questions so, you know, I don't
22 know, I might have had once before, Steven
23 Greenwald was the attorney, that was, like,
24 in 1981.
25 Q. Let me say something before I ask
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2 my next question.
3 A. Yeah.
4 Q. If you don't remember the answer
5 to a question, or you don't know or you
6 don't recall, it's completely appropriate
7 for you to just say I don't remember, I
8 don't recall, I won't press you any further
9 if you don't have memory of something.
10 A. No, the reason that I remember is
11 because there was -- I was at a red light,
12 and this guy hit me. And then when I went
13 to court, and they did a deposition, the
14 lawyer just like, you know, you just sitting
15 there and bang.
16 Q. When did that accident happen?
17 A. 1981.
18 Q. And did you seek medical treatment
19 after being involved in that -- was it a
20 motor vehicle accident?
21 A. He hit the back of my, what would
22 you call it, he hit my car, I mean banged it
23 up.
24 Q. All right.
25 A. I seeked some medical, it was more
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2 therapy, but it was so long ago, I don't
3 remember who took care of me other than -- I
4 am going to volunteer some information, the
5 day that it happened, I didn't think there
6 was anything wrong with me, you know, but
7 the next day I'm going to church and my
8 neighbor on Nassau Road she was walking her
9 dog, my girlfriend too, she goes, are you
10 okay and I said, yeah, I'm okay, I said why
11 are you asking this. And she goes you're
12 limping, I didn't even -- so, with that, she
13 says, did you fall? I said, no. And so, in
14 the meantime, I forgot all about that
15 accident, even though we had called the
16 police and documented, because I felt like a
17 lot of shattering and I didn't even have
18 glass in my car, but that is what it sounded
19 like. So I documented it. But I felt I was
20 okay. But I -- so, anyway, after that, the
21 pain came, you know, and it involved my hip,
22 I didn't break my knees, it was just the hip
23 pain, and that is why I was limping, and I
24 went for therapy, I went for treatment, it
25 was so long ago, and it took quite awhile
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2 for it to go away, it didn't go away
3 overnight and so, and I would be fine, you
4 know, like once my joint was okay -- put it
5 this way, I wasn't dancing at that time,
6 that's how far back it goes, that if I
7 stepped the wrong way and I dislodged my hip
8 again in that accident, that is when the
9 pain came, and this continued and Dawn, when
10 she said to me, she goes Nancy, were you in
11 an accident? I said, yes, some guy hit me,
12 it was a professor for Vassar College, I
13 said, but I'm okay, you know, because in my
14 mind, I'm like a pretty healthy person, I
15 can weather a little pain or whatever, so
16 but it wasn't until let's say a couple of
17 days ago I had to go and seek help and then
18 I continued with that help until the pain
19 went away and it did go away and that was
20 it.
21 Q. Was the hip pain that you
22 experienced in that accident located on the
23 left side, right side, or both?
24 A. Just the right side. It kept
25 going dislodged, I will give you a for
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1 N. LAURICELLA
2 instance, that was a pretty bad one. I'm at
3 Long Beach Island, my girlfriend, my mother,
4 and I, we go to the beach because they were
5 preparing the apartment, we rented the same
6 apartment every year, and so this particular
7 summer week, as soon as I got to the beach,
8 my heel swiveled in the sand and it threw my
9 hip out of whack just to give you -- and
10 that whole week I sat reading. My
11 girlfriend was so upset, she says like why
12 are you not seeking help, this may not be
13 '81, it may have been '85, '86, you know,
14 and I said to her, I said Connie, it does
15 not happen just when I am walking, this
16 happened because I swerved my foot, and it
17 could be if I was walking the upstairs the
18 wrong way, you know, you're just rushing and
19 all of a sudden your hip goes out of whack,
20 but that's the kind of pain, it wasn't like
21 a continuous pain, I could go for a month
22 and there was no pain, but if I just took
23 the step the wrong way, I relived that
24 accident and then it stopped, just stopped.
25 Eventually, because I took a lot of
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1 N. LAURICELLA
2 vitamins, I brought them with me, if you
3 wanted to see them what I am on to.
4 Q. Well, I can always take a picture
5 of the bottle of vitamins you brought, sure.
6 A. Can I --
7 Q. Sure, by all means?
8 A. I'm a self healer, this is my
9 coral-calcium, this is it just collagen
10 support, I'm on it anyway, B Complex. My
11 favorite list is about six and about 12.
12 This is Blueberry for my eyes, I had
13 cataract surgery recently. Acidophils,
14 probiotic. Omega 3. B12 and B6 is the one
15 that heals tendons ligaments and nerves and
16 I had such wonderful experience with these
17 two vitamins, but I decided to take on my
18 own, not with a doctor, once a day this --
19 Q. The B50?
20 A. -- the complex and then five times
21 when I sprain something, five times a day,
22 breakfast, lunch, and dinner and in between
23 this has healed me, my thumb, I will tell
24 you how it healed, I couldn't turn the
25 doorknob, I had three surgeries on my hands
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1 N. LAURICELLA
2 already, trigger fingers so now my thumbs
3 went. I don't know what I was picking
4 around my house, but it wasn't my --
5 anything, just my hands, it seemed to attack
6 my hands, whatever I was doing, and so, I
7 couldn't turn a doorknob, turn the water on,
8 just anything to do with my thumbs so I
9 didn't want any more surgery, I already had
10 three, here, here, (indicating), and on my
11 wrist.
12 Q. You're just pointing to various
13 places on your hand, just for the record?
14 A. Yes. Well, it was trigger finger
15 here (indicating), trigger finger here, and
16 then I had the little slit here on my wrist,
17 so I overuse my hands.
18 Q. And when did you have these -- let
19 me take a step --
20 A. I don't remember the dates only
21 because I only remember the pain, this I was
22 so bad, okay, this was --
23 Q. Let me take a step back for a
24 second. I'm just going to take a picture of
25 your vitamins.
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FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS 3 -------------------------------------------X NANCY LAURICELLA, 4 PLAINTIFF, 5 -against- Index No.: 6 55036/2021 7 D'ARCANGELO & CO., LLP, and MICHAEL C. BETROS, CPA, PFS, and ARLINGTON PROFESSIONAL 8 SUITES, LLC, 9 DEFENDANTS. -------------------------------------------X 10 11 DATE: March 27, 2023 12 TIME: 10:15 A.M. 13 14 EXAMINATION BEFORE TRIAL of the 15 Plaintiff, NANCY LAURICELLA, taken by the 16 Defendants, pursuant to Notice, held at 17 Courtyard by Marriott, 2641 South Road, #9, 18 Poughkeepsie, New York 12601, before Lisa M. 19 Rosso, a Notary Public of the State of 20 New York. 21 22 23 24 25 Job No. CS5801141 Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 2 1 2 A P P E A R A N C E S: 3 4 PAMELA GABIGER, ESQ. Attorneys for the Plaintiff 5 NANCY LAURICELLA P.O. Box 2952 6 Poughkeepsie, New York 12603 BY: PAMELA GABIGER, ESQ. 7 8 MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP Attorneys for the Defendants 9 D'ARCANGELO & CO., LLP, and MICHAEL C. BETROS, CPA, PFS, and ARLINGTON 10 PROFESSIONAL SUITES, LLC 6 Tower Place 11 Albany, New York 12203 BY: BRIDGET M. SCHULTZ, ESQ. 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 3 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No 4 objections shall be made at a deposition except those which, pursuant to subdivision 5 (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if 6 not interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. 11 Every objection raised during a deposition shall be stated succinctly and framed so as 12 not to suggest an answer to the deponent and, at the request of the questioning 13 attorney, shall include a clear statement as to any defect in form or other basis of 14 error or irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, 15 during the course of the examination persons in attendance shall not make statements or 16 comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to any 21 person. An attorney shall not direct a deponent not to answer except as provided in 22 CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 23 shall be accompanied by a succinct and clear statement of the basis therefor. If the 24 deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 4 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for the purpose 6 of determining whether the question should not be answered on the grounds set forth in 7 section 221.2 of these rules and, in such event, the reason for the communication 8 shall be stated for the record succinctly and clearly. 9 10 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any 12 Notary Public with the same force and effect as if signed before a clerk or a Judge of 13 the court. 14 IT IS FURTHER STIPULATED AND AGREED 15 that the examination before trial may be utilized for all purposes as provided by the 16 CPLR. 17 IT IS FURTHER STIPULATED AND AGREED 18 that all rights provided to all parties by the CPLR cannot be deemed waived and the 19 appropriate sections of the CPLR shall be controlling with respect hereto. 20 21 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 22 parties hereto that a copy of this examination shall be furnished, without 23 charge, to the attorneys representing the witness testifying herein. 24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 5 1 N. LAURICELLA 2 N A N C Y L A U R I C E L L A, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MS. SCHULTZ: 8 Q. Please state your name for the 9 record. 10 A. Nancy Lauricella. 11 Q. Where do you reside? 12 A. 53 Nassau Road, Poughkeepsie, New 13 York 12601. 14 Q. Good morning, my name is Bridget 15 Schultz. Can you hear me okay? 16 A. Pretty good. 17 Q. All right. I will do my best to 18 speak up. 19 A. No, you're great, just that I do 20 have hearing aids on and but you never know, 21 miss one letter from a D to a T or whatever 22 so I will mention it if I didn't hear it 23 properly, I guess. 24 Q. Perfect. I represent the 25 defendants Arlington Professional Suites and Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 6 1 N. LAURICELLA 2 D'Arcangelo in a matter that you commenced 3 as a result of a slip and fall that occurred 4 on January 7, 2019 and I'm going to be 5 asking you some questions regarding that 6 lawsuit today. Before we get going, I am 7 just going to articulate some ground rules. 8 First, you're doing a great job of it 9 already, just wait for me to finish my 10 question before you provide an answer. 11 Sometimes during depositions, we have a 12 tendency to speak when the other person is 13 speaking because it seems very 14 conversational, but it's just so the court 15 reporter can take everything that I say down 16 and everything that you say down. The other 17 thing that I ask is that when you do answer 18 a question, you have to say either yes or no 19 to the extent that it's a yes or no 20 question. You can't say uh-huhs, ut-huhs, 21 or shake your head, and that is just because 22 the court reporter can't take that down; is 23 that fair? 24 A. It's fair. 25 Q. All right. If you can't hear one Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 7 1 N. LAURICELLA 2 or my questions -- 3 A. Oh, I can hear you pretty loud 4 right now. 5 Q. I will keep my voice down then. 6 A. Yes, you don't have to go -- 7 Q. If you can't hear one of my 8 questions, or if you don't understand one of 9 my questions, please let me know. If you 10 provide a response to one of my questions, 11 I'm going to assume that you understood the 12 question and that you know the answer; is 13 that fair? 14 A. Fair. 15 Q. If you need to take a break at all 16 today, that is completely acceptable, you 17 can take as many as you'd like, this is not 18 a race, and you are not under any time 19 constraints. I just ask that if there is a 20 question pending, you answer the question 21 and then you can take a break; is that okay? 22 A. (Nodding head yes) 23 Q. You have to verbally say yes or 24 no. 25 A. Yes. Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 8 1 N. LAURICELLA 2 Q. Other than speak with your 3 attorney of which I don't want to know 4 anything about, did you speak with anyone 5 else about your testimony today? 6 A. No. 7 Q. Did you review any documents in 8 preparation for your testimony today? 9 A. Only if it was applicable to why I 10 fell. 11 Q. And what -- again, I am going 12 to -- 13 A. I will say why I fell on the ice, 14 because I was going to an agency in that 15 building that -- so, you know, I just want 16 to -- one of the reasons that it happened is 17 I was visiting -- I was working, but ask me 18 and then I will also answer you whatever. 19 Q. Sure. Other than -- again, I 20 don't want to know about any communications 21 between you and your attorney, but did you 22 review any documents in preparation for your 23 deposition today? 24 A. I just looked at the reason why I 25 was going to that facility. I had a Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 9 1 N. LAURICELLA 2 document that I don't have with me, it was 3 the reason why I went there. 4 Q. And what type of document did you 5 look at? 6 A. He was being evicted and I had the 7 transcript and I was going to that agency 8 because he was a client of theirs that they 9 hooked up with my rental. 10 Q. All right. Let me take a step 11 back, who was being evicted? 12 A. Nataniel Martin, he was a tenant? 13 Q. A tenant of what? 14 A. Rental, he rented my two bedroom 15 apartment. 16 Q. So you were a landlord? 17 A. Yes. 18 Q. And a landlord of what property? 19 A. 3346 East Main Street, Amenia, New 20 York 12501. 21 Q. You said Amenia, New York? 22 A. Amenia, New York. 23 Q. And the building that you were 24 going to regarding this eviction, is the 25 address 510 Haight, H-A-I-G-H-T, Avenue, Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 10 1 N. LAURICELLA 2 Poughkeepsie, New York? 3 A. Haight, this is it. 4 Q. Haight? 5 A. That is RSS, the agency. 6 Q. All right. So, you just showed me 7 a business card for Rehabilitation Support 8 Services, Inc., Dutchess Division. 9 A. Yes, that is where I went. 10 Q. That is where you went on the date 11 of your slip and fall? 12 A. Yes. 13 Q. Okay. And what I will do if you 14 have no -- 15 A. I don't know what I wrote back 16 there so I don't think it's applicable. 17 MS. GABIGER: Yeah, that's 18 confidential. 19 A. Could you -- 20 Q. -- hold on one second. Before I 21 ask you questions about this. 22 A. Okay, go ahead. 23 Q. There is handwriting on the back 24 of this business card, do you see that. I 25 will just hand it back to you. Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 11 1 N. LAURICELLA 2 A. Okay, rehabilitation, okay, it was 3 just -- that is not even applicable, the 4 tenant Anne was another tenant. 5 Q. Okay. You're jumping ahead of me. 6 First of all, is that your handwriting on 7 the back of this business card? 8 A. Yes. 9 Q. Okay. 10 A. I was just reiterating on the back 11 that it was a support system. 12 Q. Okay. A support system for what? 13 A. The young man that was living in 14 my house, in the apartment was involved, or 15 he was a client of RSS, which is a support 16 system for young people that are in rehab, 17 he evidently went through proper channels, 18 they paid three quarters of his rent. I'm 19 using that approximately and so the rest he 20 had to pay, and the reason the eviction was 21 going on is they also asked me, RSS if I 22 would take care of this young man's electric 23 and then he would have to pay, I guess 24 they're trying to wean him back to society, 25 and I agreed, but he didn't pay me when the Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 12 1 N. LAURICELLA 2 bills came and I had to take him to court 3 and that is why I was going there that day. 4 Q. Had you ever been to this building 5 before the date of your slip and fall? 6 A. Many times, many, many times. 7 Q. How far away is this building from 8 your house? 9 A. I would say four, five miles, six 10 miles. 11 Q. And approximately, I will limit 12 this to the year of your fall, which was on 13 January 7th, 2019; correct? 14 A. Correct. 15 Q. How many times approximately did 16 you go to Rehabilitation Support Services, 17 Inc.? 18 A. Oh, God, I could have gone there a 19 dozen times if not more. I went there 20 frequently because of the fact that he was a 21 troubled young man. 22 Q. You sort of answered my next 23 question. I was going to ask if all of the 24 times that you had been to Rehabilitation 25 Support Services in the year before your Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 13 1 N. LAURICELLA 2 accident related to your tenant? 3 A. How many times? Repeat that, 4 please. 5 Q. Sure. In the times -- in the year 6 leading up to your accident in January of 7 2019, when you would go to Rehabilitation 8 Support Services, were those visits all 9 related to your tenant? 10 MS. GABIGER: Wait, what year did 11 you say? 12 MS. SCHULTZ: In the year before 13 2019. 14 MS. GABIGER: Okay. 15 A. He was the only tenant with that 16 company, yes. 17 Q. No, but I think what I mean to ask 18 you is, all of your visits were associated 19 with your tenant, you weren't going there 20 for anything related to you or anyone else? 21 A. No. 22 Q. Do you understand my question? 23 A. It was only because he was my 24 tenant and he was difficult. 25 Q. So, in other words, you were not Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 14 1 N. LAURICELLA 2 going to Rehabilitation Support Services for 3 anything related to your medical condition? 4 A. I don't have any medical 5 conditions. 6 Q. But that is what I'm asking. 7 A. Okay. 8 Q. All of your visits were associated 9 with trying to assist your tenant? 10 A. I wasn't -- okay, I'm not going to 11 volunteer, I would never be a client of 12 those people because I was not, I would just 13 say on drugs, alcoholic, whatever they aim 14 at to help anybody, he happened to be a 15 young person, maybe 30, something like that, 16 approximately but it could be anybody that 17 needed help that went to rehab and they 18 provided it, that they went to rehab, let's 19 say six months then they would qualify for 20 extra services that the government gives and 21 he was under that category, he got help, 22 they paid three quarters of him, you know, I 23 got like $649 from them but it changed. 24 Sometimes -- whatever his -- I suppose 25 that -- I don't know what his income was, Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 15 1 N. LAURICELLA 2 but he to pay, let's say the difference 3 between my rent and what they gave and he 4 was supposed to pay me for electric and he 5 didn't. All I -- he avoided me like the 6 plague. When I went over there to my house, 7 and to approach him, he never answered the 8 door so he was difficult. But as long as he 9 paid, I left him alone, because he was 10 always polite when he did see me, but he 11 just didn't take care of business, you know. 12 Q. As a landlord, do you operate your 13 business through an LLC or by all -- 14 A. I'm just a plain individual that 15 happened to own that building. 16 Q. Okay. So, the deed to 3346 East 17 Main Street is in your name? 18 A. The title, yes. The deed, yes. 19 Q. Are you the landlord of any other 20 properties? 21 A. Yes, I am. 22 Q. Are you still a landlord of 3346 23 East Main Street today? 24 A. Yes. 25 Q. What other properties do you own Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 16 1 N. LAURICELLA 2 that you rent out? 3 A. 15 Firehouse Road. 4 Q. Anything else? 5 A. I own Old Farms Road in 6 Poughkeepsie. 7 Q. Actually, let me take a step back, 8 how many units do you rent out in 3346 East 9 Main Street? 10 A. Four. 11 Q. Did you also rent out four units 12 in January of 2019? 13 A. Correct. 14 Q. 15 Firehouse Road, where is that 15 located? 16 A. Mosaic. 17 Q. How many units do you rent in that 18 property? 19 A. Two. 20 Q. Did you also rent out two units in 21 2019? 22 A. Yes. 23 Q. Old Farms Road, where is that 24 located? 25 A. That's off of Spackenkill Road. Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 17 1 N. LAURICELLA 2 Q. Is that commercial property? 3 A. No, it's just a ranch. 4 Q. Okay. Do you rent that out to 5 anybody? 6 A. I have a renter. 7 Q. Only one? 8 A. One. 9 Q. Did you have a renter of that 10 property back in January of 2019? 11 A. Yes. 12 Q. Do you own any other property that 13 you lease out? 14 A. 53 Nassau Road. 15 Q. And that's where you reside? 16 A. Yes. 17 Q. And how many units in that 18 property do you lease out? 19 A. That's just a single family house. 20 Q. Are you the only one that lives 21 there? 22 A. I have my daughter, my 23 granddaughter. 24 Q. Okay. She doesn't pay you rent 25 though; does she? Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 18 1 N. LAURICELLA 2 A. No, I mean she contributes toward 3 the electric. 4 Q. Sure, but that is just a property 5 that you own, you don't lease that property 6 out; right? 7 A. No, not 53. 8 Q. Did you live at 53 Nassau Road in 9 January of 2019? 10 A. Yes. 11 Q. Are you married? 12 A. Well, he is deceased. 13 Q. I'm so sorry to hear that? 14 A. He died. 15 Q. When did he die? 16 A. 2017. 17 Q. Besides your granddaughter, do you 18 live at 53 Nassau Road with anybody else? 19 A. Just my daughter and my 20 granddaughter. 21 Q. Your daughter and granddaughter. 22 Did they also live with you in January of 23 2019? 24 A. Yes -- no, wait a minute, no, no. 25 When that happened, no, because it -- they Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 19 1 N. LAURICELLA 2 moved in with me, when the COVID came. 3 Q. Okay. 4 A. I apologize. 5 Q. Did they move in with you because 6 of COVID? 7 A. I think so. 8 Q. This -- what you're here for today 9 is called a deposition. It's where you're 10 sworn under oath and answer questions. Have 11 you ever sat for a deposition before today? 12 A. I believe I did. 13 Q. Do you know how many times you 14 have sat for a deposition? 15 A. Oh, God, well, I sat with my 16 lawyer, you know, to -- but, it's a long 17 time ago, a long time ago, I believe 2013. 18 Q. Is that the only time that you 19 have sat for a deposition before? 20 A. I didn't know I was going to be 21 asked these questions so, you know, I don't 22 know, I might have had once before, Steven 23 Greenwald was the attorney, that was, like, 24 in 1981. 25 Q. Let me say something before I ask Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 20 1 N. LAURICELLA 2 my next question. 3 A. Yeah. 4 Q. If you don't remember the answer 5 to a question, or you don't know or you 6 don't recall, it's completely appropriate 7 for you to just say I don't remember, I 8 don't recall, I won't press you any further 9 if you don't have memory of something. 10 A. No, the reason that I remember is 11 because there was -- I was at a red light, 12 and this guy hit me. And then when I went 13 to court, and they did a deposition, the 14 lawyer just like, you know, you just sitting 15 there and bang. 16 Q. When did that accident happen? 17 A. 1981. 18 Q. And did you seek medical treatment 19 after being involved in that -- was it a 20 motor vehicle accident? 21 A. He hit the back of my, what would 22 you call it, he hit my car, I mean banged it 23 up. 24 Q. All right. 25 A. I seeked some medical, it was more Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 21 1 N. LAURICELLA 2 therapy, but it was so long ago, I don't 3 remember who took care of me other than -- I 4 am going to volunteer some information, the 5 day that it happened, I didn't think there 6 was anything wrong with me, you know, but 7 the next day I'm going to church and my 8 neighbor on Nassau Road she was walking her 9 dog, my girlfriend too, she goes, are you 10 okay and I said, yeah, I'm okay, I said why 11 are you asking this. And she goes you're 12 limping, I didn't even -- so, with that, she 13 says, did you fall? I said, no. And so, in 14 the meantime, I forgot all about that 15 accident, even though we had called the 16 police and documented, because I felt like a 17 lot of shattering and I didn't even have 18 glass in my car, but that is what it sounded 19 like. So I documented it. But I felt I was 20 okay. But I -- so, anyway, after that, the 21 pain came, you know, and it involved my hip, 22 I didn't break my knees, it was just the hip 23 pain, and that is why I was limping, and I 24 went for therapy, I went for treatment, it 25 was so long ago, and it took quite awhile Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 22 1 N. LAURICELLA 2 for it to go away, it didn't go away 3 overnight and so, and I would be fine, you 4 know, like once my joint was okay -- put it 5 this way, I wasn't dancing at that time, 6 that's how far back it goes, that if I 7 stepped the wrong way and I dislodged my hip 8 again in that accident, that is when the 9 pain came, and this continued and Dawn, when 10 she said to me, she goes Nancy, were you in 11 an accident? I said, yes, some guy hit me, 12 it was a professor for Vassar College, I 13 said, but I'm okay, you know, because in my 14 mind, I'm like a pretty healthy person, I 15 can weather a little pain or whatever, so 16 but it wasn't until let's say a couple of 17 days ago I had to go and seek help and then 18 I continued with that help until the pain 19 went away and it did go away and that was 20 it. 21 Q. Was the hip pain that you 22 experienced in that accident located on the 23 left side, right side, or both? 24 A. Just the right side. It kept 25 going dislodged, I will give you a for Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 23 1 N. LAURICELLA 2 instance, that was a pretty bad one. I'm at 3 Long Beach Island, my girlfriend, my mother, 4 and I, we go to the beach because they were 5 preparing the apartment, we rented the same 6 apartment every year, and so this particular 7 summer week, as soon as I got to the beach, 8 my heel swiveled in the sand and it threw my 9 hip out of whack just to give you -- and 10 that whole week I sat reading. My 11 girlfriend was so upset, she says like why 12 are you not seeking help, this may not be 13 '81, it may have been '85, '86, you know, 14 and I said to her, I said Connie, it does 15 not happen just when I am walking, this 16 happened because I swerved my foot, and it 17 could be if I was walking the upstairs the 18 wrong way, you know, you're just rushing and 19 all of a sudden your hip goes out of whack, 20 but that's the kind of pain, it wasn't like 21 a continuous pain, I could go for a month 22 and there was no pain, but if I just took 23 the step the wrong way, I relived that 24 accident and then it stopped, just stopped. 25 Eventually, because I took a lot of Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 24 1 N. LAURICELLA 2 vitamins, I brought them with me, if you 3 wanted to see them what I am on to. 4 Q. Well, I can always take a picture 5 of the bottle of vitamins you brought, sure. 6 A. Can I -- 7 Q. Sure, by all means? 8 A. I'm a self healer, this is my 9 coral-calcium, this is it just collagen 10 support, I'm on it anyway, B Complex. My 11 favorite list is about six and about 12. 12 This is Blueberry for my eyes, I had 13 cataract surgery recently. Acidophils, 14 probiotic. Omega 3. B12 and B6 is the one 15 that heals tendons ligaments and nerves and 16 I had such wonderful experience with these 17 two vitamins, but I decided to take on my 18 own, not with a doctor, once a day this -- 19 Q. The B50? 20 A. -- the complex and then five times 21 when I sprain something, five times a day, 22 breakfast, lunch, and dinner and in between 23 this has healed me, my thumb, I will tell 24 you how it healed, I couldn't turn the 25 doorknob, I had three surgeries on my hands Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/20/2024 Page 25 1 N. LAURICELLA 2 already, trigger fingers so now my thumbs 3 went. I don't know what I was picking 4 around my house, but it wasn't my -- 5 anything, just my hands, it seemed to attack 6 my hands, whatever I was doing, and so, I 7 couldn't turn a doorknob, turn the water on, 8 just anything to do with my thumbs so I 9 didn't want any more surgery, I already had 10 three, here, here, (indicating), and on my 11 wrist. 12 Q. You're just pointing to various 13 places on your hand, just for the record? 14 A. Yes. Well, it was trigger finger 15 here (indicating), trigger finger here, and 16 then I had the little slit here on my wrist, 17 so I overuse my hands. 18 Q. And when did you have these -- let 19 me take a step -- 20 A. I don't remember the dates only 21 because I only remember the pain, this I was 22 so bad, okay, this was -- 23 Q. Let me take a step back for a 24 second. I'm just going to take a picture of 25 your vitamins. Veritext Legal Solutions 800-567-8658 973-410-4098 FILED: DUTCHESS COUNTY CLERK 02/20/2024 05:18 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 49