FILED: ROCKLAND COUNTY CLERK 01/25/ :29 AM INDEX NO /2016 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/25/2018

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1 â SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND x ANNA TIHIN, Plaintiff, - against - Index# /2016 MARTIN S. RUTSTEIN and BRENDA RUTSTEIN, Defendants. x Wednesday, July 5, :10 a.m. EXAMINATION BEFORE TRIAL OF Plaintiff, ANNA TIHIN, held at the offices of Rockland & Orange Reporting, 2 Congers Road, New City, New York, on the above date and time before a Notary Public of the State of New York. ROCKLAND & ORANGE REPORTING 2 Congers Road New City, New York (845) rowork(kcourtreportingny.corn - (845)

2 1 A P P E A R A N C E S: ARGYROPOULOS AND ASSOCIATES, ~ LLC 6 Attorneys for the Plaintiff Broadway 8 Suite Astoria, New York BY: ALYSSE HOPKINS, ESQ VINCENT J. ACESTE, ESQ. 17 Attorneys for the Defendants Old Tarrytown Road 19 White Plains, New York Also Present: Martin S. Rutstein and 24 Brenda Rutstein 25 Rockland and Orange Reporting rowork courtreportingny.corn - (845) (S45)

3 1 STIPULATIONS 2 IT IS HEREBY STIPULATED AND AGREED by and 3 between the attorneys for the respective parties 4 hereto, that: 5 All rights provided by the CPLR, and Part of the Uniform Rules for the Conduct of Depositions, 7 including the right to object to any question, except 8 as to form, or to move to strike any testimony at this 9 examination is reserved; and in addition, the failure 10 to object to any question or to move to strike any 11 testimony at this examination shall not be a bar 12 or waiver to make such motion at, and is reserved 13 to, the trial of this action. 14 This deposition may be sworn to by the witness 15 being examined before a Notary Public other than 16 the Notary Public before whom this examination 17 was begun, but the failure to do so or to return 18 the original of this deposition to counsel, shall 19 not be deemed a waiver of the rights provided by 20 Rule 3116 of the CPLR, and shall be controlled 21 thereby. The filing of the original 22 of this deposition is waived. 23 IT IS FURTHER STIPULATED that a copy of this 24 examination shall be furnished to the attorney 25 for the witness being examined without charge. rowork courtreportingny.corn - (845)

4 4 2 A N N A T I H I N, 3 the Plaintiff herein, having been 4 first duly sworn or affirmed by 5 Jacqueline Padilla, a Notary Public 6 of the State of New York, was 7 examined and testified as follows: 8 THE COURT REPORTER: Please state 9 your name for the record. 10 THE WITNESS: Anna Tihin. 11 THE COURT REPORTER: Please state 12 your residence address. 13 THE WITNESS: 2 Balmoral Drive, New 14 City, New York (Defendants' Exhibit A, photograph, 16 was marked for identification.) 17 (Defendants' (Defendants Exhibit B, photograph, 18 was marked for identification.) 19 EXAMINATION BY 20 MR. ACESTE : 21 Q. Good morning. 22 A. Good morning. 23 Q. As I introduced myself earlier, my 24 name is Vincent Aceste. I represent the 25 Rutsteins. Rockland and Orange Reporting - rowork(kcourtreportingny.corn (845)

5 5 2 I'll be asking you some questions 3 about the incident which brings us here today. 4 Just a couple of quick, little 5 rules. If you don't understand any of my 6 questions, please ask me to repeat it, so that 7 you do understand it. 8 A. Okay. 9 Q. I'd ask you to respond verbally, 10 because Jackie can't take down or interpret a nod 11 of a head or a wave of a hand. It has to be a 12 verbal response. 13 A. Okay. 14 Q. More often than not you will do 15 uh-huh or nuh-huh, and everybody does it, so 16 don't worry about it. 17 And if you could wait until I finish 18 my question, and I'll wait until you finish 19 your, so that we have an orderly transcript. 20 Fair enough? 21 A. Sounds good. 22 Q. How long have you resided at the 23 location that you just gave us? 24 A. Twenty-eight years. 25 Q. Are you presently married? Rockland and Orange Reporting - (S45)

6 6 2 A. Yes. 3 Q. And when were you married? 4 A Q. May I ask your date of birth? 6 A. XX-XX MS. HOPKINS: Can we just have the 8 date of birth "X'd" out on the record, 9 please. 10 MR. ACESTE: Sure. The year, you 11 don't even want the year? 12 MS. HOPKINS: We can put the year. 13 un ACESTE: We'll just put the year 14 and not the month and date. 15 THE WITNESS: Okay. 16 Q. Are you presently employed? 17 A. Yes. 18 Q. Where are you employed? 19 A. Arlington High School, in 20 Lagrangeville, New York. 21 Q. Lagrangeville? 22 A. Yes. County' 23 Q. Dutchess County? 24 A. Yes. 25 Q. How long have you been employed at reworh courtreyortingay.corn rowork courtreportingny.corn - ($45) (S45) 6344?AN

7 7 2 that high school? 3 A. Fourteen years. 4 Q. Presently, what is your position 5 with the high school? 6 A. I am a house principal. 7 Q. What is a house principal, as 8 compared 9 A. A principal. Administrator. It's a 10 principal. It's a large school, so each grade is 11 its own house, so its own smaller school within a 12 school. So I'm principal of that smaller school. 13 Q. And is there a particular grade that 14 you' re the house principal for? 15 A. Yes, it was the junior class, and 16 they' next year re gonna be the senior class. 17 Q. So you stay with the class? 18 A. Yes. 19 Q. Okay. Do you remember the day of 20 the accident? 21 A. It was April 6th. It was a Monday. 22 I believe it was April 6th, two years ago. 23 Q. 2015? 24 A. Yes. 25 Q. Were you house principal for the rowork courtreportingny.corn - (S45)

8 8 2 class that's going to be a senior this year back 3 in 2015? 4 A. Yes. 5 Q. They would have been either freshman 6 or sophomores? 7 A. They were freshman. 8 Q. And following the incident that 9 occurred on April 6th, 2015, did you return to 10 work? 11 A. A couple of weeks later. 12 Q. How many weeks later? 13 A. I believe two weeks later. 14 Q. Was that after the surgery was 15 performed, or before? 16 A. It was after surgery. 17 Q. Have you missed any other time from 18 work due to any of the injuries you allege from 19 this incident? 20 I' A. I've not missed full days. I've 21 left earlier, to attend medical appointments. 22 Q. Were you compensated for the two 23 weeks that you were out following this incident? 24 A. No. 25 Q. Did you have to use any vacation rowork courtreportingny.corn - (845)

9 9 2 days or holidays? 3 A. Sick days. 4 Q. Okay. How many sick days did you 5 use? 6 A. I'm not sure. I think I did go back 7 to work on the 20th of April, so that would have 8 been 10 sick days, two weeks. 9 Q. And are you allowed to accumulate 10 sick days? 11 A. Yes. 12 Q. And you could accumulate as many 13 sick days, and then get paid for them, or 14 reimbursed for them? 15 A. Upon retirement, correct. 16 Q. Okay. 17 A. Or upon departing from the district, 18 yes. 19 Q. And what would your daily salary be, 20 so that we could equate it to the sick day? 21 A. At this point, it's the salary, 22 the yearly salary, divided by 240, which is the we' 23 number of days that re responsible for 24 working, so it's it's about $660, I want to 25 say, per day. - (845)

10 10 2 Q. Was your salary the same back in wasn' 4 A. No, it wasn't. 5 Q. as it was now? 6 A. No. 7 Q. So it was a little less? 8 A. It was a little less, but, again, 9 we' days are reimbursed based on the salary we ' re 10 receiving when we leave the district. 11 Q. Okay. But in order for us to you' 12 A. I see what re saying. 13 Q. to 14 A. Correct. 15 Q. come to a figure for 2015, that 16 would be the salary that you were receiving in , 18 A. Divided by Q. divided by 240? 20 A. Correct. 21 Q. Do you know what your 2015 salary 22 was? 23 A. I Don' I don't know exactly. Don't 24 remember. 25 Q. Do you have anything at home that Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

11 11 2 might refresh your recollection about the salary 3 that you had in 2015? 4 A. Yes. 5 MR. ACESTE: With Counsel's 6 permission, if you could go home and just 7 let your attorney know what your salary we' 8 was in 2015, we'll leave a blank in the 9 transcript, and you can fill it in when 10 the transcript is returned. 11 THE WITNESS: Okay. 12 MS. HOPKINS: We just request that 13 we' you put the demand in writing, and we'll 14 certainly follow-up. 15 *** 16 Q. Okay. On the days that you left 17 work early for purposes of either physical 18 therapy or doctor appointments, did you receive 19 your full pay for that day? 20 A. Yes. 21 Q. What time did this incident occur? 22 A. In the morning, 9:00ish. 23 Q. Okay. Was that a school day? 24 A. It was it was a vacation day for 25 me. I had taken a vacation day. Rockland and Orange Reporting - (S45)

12 12 2 Q. What does the school year consist 3 of? 4 Let's say, beginning January, would 5 that be considered the second term, or the second 6 or third trimester? 7 A. I am a 12-month employee, so I I 8 don't have a school year. 9 Q. Okay. So when you returned to work, 10 on or about April 20th, then you worked, except 11 for vacations, 12 A. Right. 13 Q. for the rest of the year? 14 A. Correct. 15 Q. And then school started again in 16 September? 17 A. That's when students come back, yes. 18 Q. Did you take any vacations that 19 summer, 2015? 20 A. I don't remember. 21 Q. How about last year, 2016? 22 A. Yes, I did. 23 Q. Where did you go? 24 A. I went to California, to see my son. 25 Q. To see, I'm sorry? - (S45)

13 13 2 A. I went to California, to see my son. 3 Q. When you returned to work, on 4 April 20th, did you resume the duties and 5 responsibilities that you had prior to April 6th, ? 7 A. Well, I was expected to, yes. 8 Q. And did you? 9 A. To the extent that I could. 10 Q. Do you claim that there were any 11 duties or responsibilities that you could not 12 fulfill upon returning to work, two weeks after 13 this accident? 14 A. Yes. 15 Q. What's that? 16 A. Sometime during the week I returned, 17 and I just remembered this really because it was 18 my first time when I felt the limitation, we 19 we had a lock down drill. High school we have 20 lock down drills all the time, fire drills, and 21 all that good stuff. What you need to do, what 22 administrators do during a lock down drill, until 23 the end of it, 'cause all the classroom doors 24 lock from the outside, so what we have to do at 25 the end is physically go to each classroom, - (S45)

14 14 2 unlock, with our key, and tell them that the fire 3 drill the lock down drill is over. It's my 4 dominant hand. I could not use the key to unlock 5 the door. (Indicating). So I needed to ask 6 safety to come with me and unlock the doors for 7 me. 8 You' Q. re left-hand dominant? 9 A. Yes. 10 Q. Could you use your right hand to use 11 the key? 12 you' A. It's very difficult when re 13 dealing with about you know, again, try to do 14 something with a hand that you don't use. 15 (Indicating). 16 Q. How many doors were you responsible 17 for opening up? 18 A. Oh, goodness, upwards of Q. How much upwards of 20; 21, 22? 20 A. You know, I I don't think it was 21 more than 30. I mean, if you want to wait, I can 22 try to count the rows right now in my head. 23 Q. It's okay. Between 20 and 30? 24 A. Yeah. 25 Q. Okay. Did there come a time when rowork courtreportingny.corn - (845)

15 15 2 you were able to open the doors after lock down 3 drills? 4 I' A. At this point, most of the time I'll 5 use the right hand, because there's still pain in 6 the left hand when I do something repeatedly. 7 Q. So do I understand that now you open 8 the doors after the drills? 9 A. Now I do open the doors on my own. 10 I don't ask for help to unlock the doors. 11 Q. What is the distance between your 12 residence, on Balmoral Drive, and the location 13 where you allege you tripped and fell? 14 A. Probably less than a mile. 15 Q. And do you know the street on which 16 you claim that your accident happened? 17 A. Filmont Drive. 18 Q. I'm sorry? 19 A. Filmont Drive. 20 Q. And what were you doing on Filmont 21 Drive that morning? 22 A. I was I was actually doing my 23 walking, my speed walking, around the area. 24 Q. How many times a week would you do walking' 25 speed walking? Rockland and Orange Reporting - rowork courtreportingny.corn (845)

16 16 2 A. As many as the weather permits. 3 Q. Do you ever speed walk in the rain 4 or the snow? 5 A. No. 6 Q. So if there's no precipitation, 7 you' re out, speed walking? 8 A. Pretty much. 9 Q. All right. Do you speed walk in 10 colder weather? 11 A. If yeah, if it's not too cold. 12 As I said, depending on the weather, I don't. If 13 I go outside and it seems like it's a good 14 it's okay to walk, I do. 15 Q. When you speed walk, do you 16 typically use the same route? 17 A. Yes. 18 Q. So on a weekly basis, again, 19 depending upon weather, you could do it seven 20 days a week, five days a week, 21 A. Yeah. 22 Q. what have you? 23 A. Yeah. 24 Q. For how many years were you walking 25 the route that includes Filmont Drive? Rockland and Orange Reporting - rowork courtreportingny.corn (845)

17 17 I' 2 A. I don't know exactly. I've been 3 doing it for many, many years. I mean, that's 4 how can' one of the ways I exercise. I can't we' 5 pinpoint a number of years, but we ' re talking 6 upwards of five years, ten years. 7 Q. Somewhere between five and ten 8 years? 9 A. Yeah. I don't Q. I'm just asking for your best 11 recollection. 12 A. I understand. Right. It ' s just, 13 you know, we do things that we don't really write 14 down the day for. (Indicating). 15 Q. When you speed walk, do you walk by 16 yourself or with a partner? 17 A. Myself. 18 Q. And what type of equipment do you 19 use or wear while speed walking? 20 A. Just sneakers. 21 Q. And depending upon weather, a 22 windbreaker or 23 A. Correct. If it's chilly, something 24 on. If it's not, no. 25 Q. Do you carry water? Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

18 18 2 A. I do not. 3 Q. Do you carry water in hip packages? 4 A. I do not. 5 Q. And how about, do you listen to 6 music? 7 A. I do not. 8 Q. You don't use any head phones? 9 A. No, I do not. 10 Q. Okay. Do you wear glasses 11 presently? 12 A. Contact lenses. 13 Q. Back in April of 2015, did you wear 14 contact lenses? 15 A. Yes. 16 Q. And when you walk, typically do you 17 use sun glasses? 18 A. If it's sunny. 19 Q. On this particular day, were you 20 wearing sun glasses? 21 A. I was. 22 Q. When you speed walk, where do you 23 look? 24 A. All around. To make sure. 25 Q. Make sure what? rowork courtreportingny.corn - (845)

19 19 2 A. Make sure there's nothing going on. 3 Q. You make sure that there's no holes 4 in the road? 5 A. Right, yeah. 6 Q. Nothing laying in the road? 7 A. Correct. No cars coming. 8 Q. When you speed walk, which direction 9 do you walk in with regard to the flow of 10 traffic? 11 A. Opposite the flow of traffic. 12 (Indicating). 13 Q. Was there anything obstructing your 14 vision of the roadway on Filmont Drive that 15 morning? 16 A. No. 17 Q. You assert that you tripped over 18 something that day; is that correct? 19 A. Yes. 20 Q. What did you trip over? 21 A. It was it was a piece of of 22 fencing. 23 Q. Can you describe the fencing; the 24 color? 25 A. It was greenish, silverish, thin. rowork courtreportingny.corn - (S45)

20 20 2 Q. Was it metal? 3 A. I believe so. 4 Q. It wasn't plastic? It wasn't a 5 A. No, it didn't seem plastic. 6 Q. Okay. Why didn't you see it? 7 A. What happened was, it was there I 8 had seen it before, 'cause I walk around the same 9 area. I had seen it before. 10 Q. Where had you seen it before? 11 A. Same place where it was when I fell. 12 Q. Where was it when you saw it before? 13 A. It was part of it was on the 14 grass, and part of it was on the road, it was 15 like right on the curb. (Indicating). 16 Q. And when was the time that you had 17 seen it before April 6th, 2015? 18 A. I I walk the weekend, during the 19 weekend, so I had seen it. 20 Q. Did you know how it got there? 21 A. No. 22 Q. Did you advise anybody in the 23 neighborhood that you had seen that piece of 24 metal fencing on the roadway? 25 A. There was nobody in the roworkgcourtreportingny.corn - (S45)

21 21 2 neighborhood. It was none of my business. 3 Q. When you said you'd seen it before, 4 partly on the grass and partly on the road, was 5 that at the same location where you fell on 6 April 6th? 7 A. Yes. 8 Q. So over the weekend, did you go to 9 the folks that live at 10 Filmont Drive and tell 10 them, there's a piece of metal fencing on the 11 roadway? 12 A. No. 13 Q. Do you know if anybody alerted 14 A. I don't know. 15 Q. Do you know how it got there? 16 A. I do not know. 17 Q. Do you remember the weather 18 conditions on the Saturday and Sunday and that 19 Monday, in April? 20 A. Monday was a beautiful day, I 21 remember that. 22 Q. Was it windy? 23 A. I know it was a little chilly. I 24 I don't know. I don't remember about the wind. 25 I just know that I was wearing a long sleeves. I rowork courtreportingny.corn - (845)

22 22 2 don't remember anything else. 3 Q. How about over the weekend, 4 A. I don't remember. 5 Q. do you remember whether it was 6 particularly windy or gusty? 7 A. I don't remember. 8 Q. In the beginning of April, is there 9 a flurry of activity with landscape cleanup in 10 the neighborhood? 11 MS. HOPKINS: Just note my 12 objection. 13 Q. If you know. 14 A. Yeah, I I have no idea. 15 Q. Do you use a landscape service, for 16 purposes of maintaining your yard? 17 A. Yes, we do. 18 Q. Do you know if your spring cleanup 19 had happened either the weekend before April 6th 20 or the week before April 6th? 21 A. I don't remember. 22 Q. When you walk in the neighborhood, 23 and particularly on Filmont Drive, have you seen 24 landscape trucks in the roadway? 25 A. I couldn't tell you. rowork(kcourtreportingny.corn - (845)

23 23 you' 2 Q. Okay. Now, as re walking on 3 Filmont Drive, you told me that you look at the 4 ground? 5 A. Well, I look at the ground, and I 6 look up, and I look to the left and to the right. 7 (Indicating). 8 Q. Okay. And you were about to tell me 9 that you had seen it on that weekend before? 10 A. Correct. 11 Q. And did you see it as you were 12 walking towards it on April 6th? 13 A. I don't remember. I felt it. 14 Q. Would you agree with me that if you 15 were looking at the ground as you approached it, 16 you would have seen it? 17 MS. HOPKINS: Just note my 18 objection. 19 THE WITNESS: Right. 20 MS. HOPKINS: Can you direct a 21 question. 22 MR. ACESTE: Can I 23 MS. HOPKINS: Asking if she agrees 24 with you, if she had looked down and saw 25 it. At what point? Where? rowork courtreportingny.corn - (S45)

24 24 2 Q. As you were approaching it, within a 3 five-foot distance, if you were looking at the 4 ground and looking in front of you, you would 5 have seen the metal fencing that you say you saw 6 the weekend before; yes? 7 A. Greenish, silverish, very thin. I 8 saw it. I've seen it. Again, I was walking the 9 weekend before, and I've avoided it, the other 10 two days. That particular day, what happened 11 well, I mean, we can go into the next, how 12 exactly that happened, what I remember. 13 Q. Well, 14 A. What happened 15 Q. Will you answer the question 16 first, 17 A. Okay. 18 Q. and then you can tell me what 19 happened. 20 If you were looking at the ground, 21 for a distance of five feet before you say that 22 metal fencing was on the ground, you would have 23 seen it? 24 A. If I were right in front of it, yes, 25 I would have seen it. roworkgcourtreportingny.corn - (845)

25 25 2 Q. Well, there was nothing wrong with 3 your eye sight that day; correct? 4 A. No, there was not. 5 Q. Okay. And you say, you saw it on 6 both weekend days 7 A. Yes, sir. 8 Q. before? 9 And you avoided it both weekend 10 days? 11 A. Correct. 12 Q. When you were, on the both weekend 13 days that you say you saw it there, how close 14 were you to it when you first saw it on each of 15 those days? 16 A. I couldn't tell you. 17 Q. Five feet? 18 A. I I don't remember. 19 Q. Ten feet? 20 A. I do not remember. 21 Q. Okay. Just beyond that location, 22 where you say this metal fencing was, is there a 23 sewer cap, a street drain, sewer cap? 24 A. I don't remember. The accident was 25 really traumatic, I haven't gone back since then. rowork courtreportingny.corn - (S45)

26 26 2 I don't know what there was there. 3 Q. Okay. Well, I'm just trying to find 4 out 5 A. I I understand, but I really 6 don't remember, and I haven't been back there, so 7 I I couldn't tell you. 8 Q. Do you walk in different locations 9 now? 10 A. I walk the same area, just I avoid 11 that street. (Indicating). 12 Q. So you don't go on Filmont Drive 13 anymore? 14 A. Absolutely not. 15 Q. Okay. Did you ever advise the 16 Rutsteins, the residents of 10 Filmont Drive, 17 that you tripped over a piece of metal fencing in 18 or about their property? 19 A. I believe my husband was gonna do 20 that. 21 Q. Well, you believe 22 A. I don't know if he got hold of them 23 or what. I don't really I did not. 24 Q. Well, did you ever speak to your 25 husband? rework courtregmrtin~ry.corn - ($45) (845) 63442IS

27 27 2 A. I don't know if he did. 3 Q. Okay. Did you ever ask him, did he 4 do it? 5 A. Okay. It was a traumatic 6 experience, so was I while I was in pain, was 7 I gonna ask my husband whether he told them or 8 not? No, I did not. 9 Q. Okay. From 2015 to today, 10 A. I 11 Q. did you ever ask your husband if 12 he went to 13 A. I haven't. 14 Q. to the Rutsteins and advised them 15 of your accident? 16 A. I have not. 17 My husband did go back, he told me. 18 He said, that was there. That was there I think 19 after the day after, he said that piece of 20 fencing was still there. That might have been 21 when he was gonna talk to them. I really don't 22 know. 23 Q. The piece of fencing was still there 24 when, according to your husband? 25 A. On the road. Rockland and Orange Reporting - roworkgcourtreportingny.corn (845)

28 28 2 Q. I'm sorry, when was it still there, 3 according to your husband? 4 A. I believe he told me went there the 5 next day. 6 Q. Do you know if he ever told anyone 7 that he went back later that day and the fencing 8 wasn't there? 9 A. I do not know. 10 Q. From your house on Balmoral, to get 11 to Filmont Drive, what is the route that you 12 take? 13 A. I it depends. There is 14 there's Little Tor Road, and then there's a whole 15 bunch of streets going down. So I depends. I 16 go on different streets. I don't necessarily go 17 the same pattern. I may start on Moreland. I 18 may start on Jennifer. I you know, I may 19 start down Woodglen. Really all depend. 20 Q. What is the cross street with 21 Filmont Drive, before you turn onto Filmont 22 Drive? 23 A. Little Tor Road. you' 24 Q. Okay. And when re on Little Tor 25 Road, do you make a left, to go to up to Filmont, rowork courtreportingny.corn - (S45)

29 29 2 or a right? 3 A. Oh, well, there's Woodglen Drive, 4 Little Tor Road, and then there's Filmont. It 5 depends on how I walk. I don't have a pattern. 6 Q. That day, what route did you take; 7 do you know? 8 A. I I don't remember how I started. 9 Q. Let me ask you this: Is number Filmont the first house that you get to on 11 Filmont? 12 A. No. 13 ml 4 L Q. The second house? 14 A. It's not. 15 Q. The third? 16 A. It's not. 17 Q. How 18 A. I was going up, so that would be 19 I started I mean, I was walking, again, on the 20 other the opposite side of traffic, so number is closer to Little Tor Road. you' 22 I don't know if re familiar with 23 the area. 24 Q. Distance wise, how many feet or 25 yards were you on Filmont Drive before you roworh courtrelnrtiagay.corn rowork courtreportingny.corn - ($45) (845)

30 30 2 reached number 10? 3 A. I don't know. 4 Q. Was it 100 feet? 200 feet? 5 A. I don't know. 6 Q. Do you know how many houses you 7 passed on Filmont Drive before you got to number 8 10? 9 A. Quite a few. 10 Q. Five? Ten? 11 A. I I couldn't tell you. 12 Q. Is the driveway for number Filmont Drive before the location of where you 14 say you came into contact with the metal fencing? 15 A. I don't remember. 16 Q. All right. As you approached the 17 area where you fell, you told me that you were 18 looking at the ground? 19 A. I was looking everywhere. When I 20 walk, I am I want to be aware of what's going 21 on around me, so I was present. So I was looking 22 everywhere. 23 Q. And you were mindful of having seen 24 this metal fencing on two prior days that you 25 walked there? rowork(kcourtreportingny.corn - (S45)

31 31 2 A. That is correct. 3 Q. And as you approached this area, you 4 didn't see the metal fencing? 5 A. As I approached this area, there was 6 a car coming down, (indicating), and because of 7 the car coming down, I moved over, closer to the 8 curb. I slowed down and moved closer to the 9 curb, to let the car pass, and that's when I got 10 caught up in the fencing. 11 Q. Well, as you moved close to the 12 curb, did you step on the curb? 13 A. I did not. 14 Q. Did you look down, to make sure you 15 didn't step on the curb? 16 A. I don't remember. 17 Q. Did you look down at the ground, as 18 you say you walked closer to the curb, to get out 19 of the way of the car? 20 A. I saw the car. I moved closer. The 21 next thing I remember, I'm lying on the ground, 22 on my face. I don't remember what happened 23 between the time I saw the car, I moved closer to 24 the curb and the time I woke up on the ground. 25 Q. Where were you looking as you romork courtreportingny.corn - (845)

32 32 2 continued to walk toward the car that was 3 approaching you? 4 MS. HOPKINS: Just note my 5 objection. She wasn't walking toward the 6 vehicle. 7 THE WITNESS: No, right. 8 MS. HOPKINS: She's walking away 9 from the vehicle, as she testified. 10 MR. ACESTE: No, she sees the car 11 she' approaching her and she's 12 A. I'm moving towards I'm moving 13 closer, because, again, I don't because of the 14 fencing is there, this is the curb, 15 (indicating), I'm walking away from the curb, 16 sort of like more towards the middle of the road. 17 So the car is coming, so I move towards the curb, 18 to avoid the car, to let the car pass. walking' 19 Q. And you kept on walking? 20 A. As I said, all I remember is walking' 21 Q. Did you keep on walking? 22 A. I don't remember. I remember coming 23 to with my face down on the road. 24 Q. As you observed the car approaching 25 you, how far away was the car when you observed - (S45)

33 33 2 it? 3 A. It was coming down. I don't know. 4 Q. How far away from you was that piece 5 of metal fencing? 6 A. I didn't have a measuring tape with 7 me, nor did I measure. I don't know. 8 Q. Did you see the metal fencing prior 9 to the time that you observed the vehicle 10 approaching you? 11 A. I believe I did. I do not know. I 12 don't remember. 13 Q. If you saw the metal fencing, why 14 did you trip over it? 15 A. 'Cause the metal fencing was in the 16 way. I don't remember. You know, as I said, I 17 knew the metal fencing was there. The metal 18 fencing was in the road. I moved over so I would 19 avoid the car that was coming my way and the 20 metal fencing was in the way. (Indicating). 21 That's what happened. 22 Q. Okay. Did you stop walking as the 23 car approached? 24 A. I don't remember. 25 Q. Do you typically stop walking when rowork courtreportingny.corn - (S45)

34 34 2 cars approach? 3 A. It all depends on the situation. 4 Q. How fast do you walk, when you do 5 your speed walking? 6 A. I don't know. It depends. 7 Q. Depends on what? 8 A. It depends. I don't know if you you' 9 ever walked, but it depends whether re going 10 uphill, you tend to walk a little bit slower. 11 you' When re walking downhill, you tend to walk 12 you' faster. If re tired, you tend to walk a 13 little bit slower. It really all depends. 14 Q. Speed walking, the form that you 15 use, do you move your arms briskly, as if a 16 runner would you use when running? 17 A. It depends. And, again, speed 18 walking, meant I walk fast. I I don't have a 19 format or whatever. I don't know. 20 Q. And how fast would you walk a mile, 21 typically, on a speed walking day? 22 A. It I don't know, because, again, 23 these streets are hilly, so you go up and down, 24 so you tend to slow down when you go up and you 25 go faster when you go down, so I don ' t really Rockland and Orange Reporting - roworkgcourtreportingny.corn (S45)

35 35 2 know. 3 Q. Averaging out your workouts, you say 4 that you 5 MR. ACESTE: Let me withdraw that. 6 Q. How long is a typical speed walk 7 route? 8 A. I I don't I don't really know. 9 I mean, it can take anywhere from 15 to minutes. 11 Q. I'm sorry, 15? 12 A. 15 to Q. Do you wear a watch? 14 A. I don't know. Sometimes I do. 15 Sometimes I I really don't remember. I didn't 16 pay attention. 17 Q. Have you ever measured the time and 18 distance that you walk? 19 A. I know it's about two miles, usually 20 what I do, and I know it takes anywhere between minutes to an hour. 22 Q. Well, if it two miles and it takes minutes, that would mean a mile would be and-a-half minutes? ' 25 A. I don't do the math. I walk, to rowork courtreportingny.corn - (845)

36 36 2 keep in shape. 3 Q. Do you belong to any speed walking 4 or 5 A. I do not. 6 Q. road runner clubs? 7 A. I do not. 8 Q. Have you. ever participated in any 9 road races, whether speed walking or running? 10 A. No. 11 Q. Currently, what distances do you 12 walk; the same? 13 A. The same. 14 Q. The same speed walking? 15 A. Well, same walking. Speed walking, 16 walking fast, you can call it anything you want. 17 Same walking. 18 Q. Well, you called it speed walking. 19 A. Right. You know, again, it's kind 20 of a vague term, if you think about it; right? 21 Q. All right. Now, at what distance 22 were you from the green metal fencing when you 23 saw it that day, as the car approached? 24 A. I don' t remember. 25 Q. Can you approximate it? Rockland and Orange Reporting - (S45)

37 ' 37 2 A. I I really hate to, because, as I 3 said to you, I I woke up on the ground. I 4 don't remember. The last thing I remember was 5 seeing the car. At the time I wasn't thinking of 6 measuring my distance, so I cannot I would not 7 approximate at all. 8 Q. Had you passed the driveway of the 9 residence at 10 Filmont Drive? 10 A. I don't know. 11 Q. So the record is clear and correct, 12 you did see the metal, greenish silverish fencing 13 on the roadway as you were walking up Filmont 14 Drive? 15 A. I knew it was there. 16 Q. Did you see it? 17 A. Did I see it? I did see it. I 18 don't know when I saw it. I saw it. 19 Q. You saw it that day? 20 Yes? 21 A. I saw it that day. 22 Q. What was the size of the metal 23 fencing that you saw? 24 A. I don't know. 25 Q. Can you approximate how long it was? rowork courtreportingny.corn - (S45)

38 38 2 A. No. 3 Q. Can you approximate how wide it was? 4 A. No. 5 Q. Did you take the metal fencing home 6 with you? 7 A. Why would I do that? 8 Q. Because you just fell over it. I 9 don't know. 10 A. No, I did not. 11 Q. Did your husband take it home with 12 him? 13 A. No. 14 Most people don't take souvenirs 15 after they have an accident. 16 Q. Did you advise the residents at Filmont Drive that you just had an accident? 18 A. I did not. 19 Q. Why not? 20 A. My main concern at the time was 21 my the pain I was in, and going to the 22 hospital. 23 Q. Did you ever go to the residents at Filmont Drive, to advise them that you 25 A. I did not. roworkgcourtreportingny.corn - (845)

39 39 2 Q. What portion of your body struck the 3 ground at the time you say that you tripped over 4 this metal fencing? 5 A. I don't know what, but I know when I 6 came to, I was lying on my face, my knees were 7 scrapped, my chin was scrapped, my nose was 8 scrapped, my pinky here was dislocated, it was 9 kind of bent from the joint, facing out. 10 (Indicating.) 11 Q. Indicating the right hand pinky. 12 A. Right hand pinky. And my left 13 wrist, my left, the whole thing was hurting. 14 (Indicating). 15 Q. What amount of the metal fencing was 16 on the roadway? 17 A. I don't know. I was in immense 18 pain. I wasn't looking at anything at the time. 19 Q. Did you stay at the location after 20 you fell? 21 A. Well, I had to collect myself enough 22 to call my husband. 23 Q. Did you stay at the location after 24 you fell? 25 A. I sat down, yes. I I guess I got rowork(kcourtreportingny.corn - (845)

40 40 2 up from... 3 Q. When you sat down, did you call your 4 husband? 5 A. Yes. 6 Q. Did your husband arrive at the 7 location? 8 A. Yes. 9 Q. And how long did you stay at the 10 location with your husband, once he arrived? 11 A. I I don't know. 12 Q. How long did it take him to get 13 there? 14 A. I do not know. 15 Q. You were in immense pain? 16 wasn' A. I was in immense pain. I wasn't 17 using a stopwatch to figure out how long it took 18 him, no. 19 Q. What did you do at the scene, once 20 your husband got there? 21 A. I told him that I was in a lot of 22 pain, and we needed to go to the hospital. 23 Q. Did you tell him you had to go to immediately' 24 the hospital immediately? 25 A. Yes. rowork courtreportingny.corn - (845)

41 41 2 Q. Did you ever return to that 3 location, later that day? 4 A. No. 5 Q. Did you take any pictures that day? 6 A. I did not. 7 Q. Did your husband take pictures? 8 A. He might have. 9 Q. Okay. Now, you just told me that 10 you were in immense pain? 11 A. Uh-huh. 12 Q. Yes? 13 A. Yeah. 14 Q. And you told your husband that you 15 wanted to go to the hospital immediately; is that 16 correct? 17 A. Yeah. 18 Q. Regardless of the fact that you were 19 in immense pain, you posed for pictures; yes? 20 A. I did not. 21 Q. You didn't pose for pictures? 22 A. No. 23 Q. Did you stay on the ground, in front 24 of the residence at 10 Filmont Drive, while your 25 husband took pictures? rowork courtreportingny.corn - (S45)

42 42 2 A. I I was in pain. I don't 3 remember. 4 Q. Did you ever see pictures 5 A. My husband. 6 Q. of 7 A. My husband took pictures, yes. 8 Q. And what pictures did your husband 9 take? 10 A. He took pictures of the fencing, I 11 believe, and of me. 12 Q. Did he take pictures of the house? 13 A. I do not know. 14 Q. What pictures did he show you? 15 A. Me and the fencing. 16 Q. Did you see any other pictures? 17 A. I didn't ask him for any other 18 pictures. 19 Q. I didn't ask 20 A. Let me repeat for you, this was a You' 21 traumatic experience. re asking me to relive 22 we' it, and I understand what re doing that, but 23 for the past two years I haven't really went over 24 it, relived it. 25 Q. Well, Ms. Tihin, you told me that it Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

43 43 2 took your husband a few minutes to get there? 3 A. I well, I assume. 4 Q. Okay. And as soon as he got there, 5 you told him that you' re in immense pain, let' s 6 go to the hospital? 7 A. Yeah. 8 Q. Okay. Now, your attorneys provided 9 me with about 10 photographs, 10 A. Uh-huh. 11 Q. depicting the residence at 12 Filmont Drive. 13 A. Okay. 14 Q. So how long did it take your husband 15 to take those pictures? 16 A. Maybe you have to ask my husband 17 that. 18 Q. You were there. 19 Do you know? 20 A. I was there. I don't know I 21 don't know when he took the pictures. You need 22 to ask him that. I'm not gonna speak for my 23 husband, and nor do I really you' as I said, re 24 asking me to recall details that I don't recall. 25 Q. I ' d like to show you what ' s been Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

44 44 2 marked as Defendants' Exhibit B for 3 identification purposes. 4 A. Okay. 5 (Photograph submitted.) 6 Q. Do you recognize what's depicted in 7 that photograph? 8 A. That's me. That's my back. 9 Q. And 10 A. Yeah. 11 Q. and did your husband take that 12 photo graph? 13 A. He would have to, right, 'cause 14 there was no one else there. 15 Q. And that was taken after you fell? 16 A. Uh-huh. 17 Q. I'm sorry, you have to say, yes. 18 A. Yes. My apologies. 19 ' Q. That's okay. 20 And in this photograph, you see the 21 metal, green fencing? 22 A. The fencing, right. (Indicating). 23 Yeah. 24 Q. Okay. There's no 25 A. It goes all the way over there. Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

45 45 2 ( Indicating. ) 3 Q. From this picture, it looks like the 4 fencing is entirely on the grass? 5 A. No. No, sir. 6 Q. From that photograph, it looks like 7 the fencing is about, let's say, three to four 8 feet onto the grass. 9 MS. HOPKINS: Just note my 10 objection. 11 A. No, sir. 12 MS. HOPKINS: Are you testifying 13 here? 14 Q. Does it appear to you that the 15 fencing is if you say it's in the roadway 16 A. Doesn't appear to me like anything. 17 Q. Where is the top of the fencing? 18 How far from the curb 19 A. Are you asking me to 20 Q. would you approximate? 21 A. interpret the picture? 22 Q. I'm asking you to approximate the 23 distance from the curb that the top of the 24 fencing is. 25 A. I ' d say that ' s part of the fencing. Rockland and Orange Reporting - rowork courtreportingny.corn (845)

46 46 2 ( Indicating). 3 Q. The fencing has a certain length; is 4 that correct, 5 A. (Indicating). 6 Q. photograph' in that photograph? you' 7 A. I'm not sure what re asking me. 8 Q. In that photograph is the fencing 9 stretched out from approximately the curb, up 10 towards the residence, onto the grass? 11 A. Uh-huh. 12 Q. Yes? 13 A. (The witness nods her head). 14 Q. And how far would you say the top of 15 the fencing is located from the curb? 16 A. That is also the fencing, there. 17 (Indicating). 18 MS. HOPKINS: Let the record 19 reflect, the witness is indicating the 20 fencing beyond the curb, onto the 21 street 22 Q. Did you move 23 MS. HOPKINS: in Defendants' B. 24 Q. Did you move the fencing at all? 25 A. Really? Rocldand and Orange Reporting - (845)

47 47 2 Q. Yes, really. 3 A. No. 4 Q. Did your husband move the fencing? 5 A. Ask him. I I was in pain. Why 6 would my husband move the fencing? 7 Q. I'd like you to take a look at 8 what's been marked as Exhibit A for 9 identification purposes. 10 (Photograph submitted.) 11 A. Okay. Okay. 12 Q. Is that the same photograph? 13 A. That's a photograph from a different 14 angle, that's correct. 15 Q. Okay. And does the fencing appear 16 to be in a different location on Exhibit A than 17 it is on Exhibit B? 18 A. No, not to me. I think it has to do 19 with maybe the the sun, because there's the 20 fencing there, but you can hardly see it, just 21 like you can't see the fencing here, because it 22 was that that I guess it's that, 23 (indicating), transparent 24 Q. Okay. Looking at 25 A. fencing. rowork courtreportingny.corn - (845)

48 48 2 Q. looking at that photograph, 3 either one of the photographs, does it refresh 4 your recollection as to the length or width of 5 the fencing? 6 A. No. 7 Q. Did you see fencing like that in any 8 other location on the weekend before this 9 incident? 10 A. I don't remember. 11 Q. Have you ever seen fencing like that 12 on any of your walks prior to April 6th, 2015? 13 A. Oh, I had seen that fencing, on that 14 same area, as I had indicated. But you mean 15 other properties, other houses? I don't know. 16 Q. Did you recognize the operator of 17 the vehicle that approached you that morning, 18 before you fell? 19 A. I'm sorry? 20 Q. Did you recognize the driver of the 21 car that was approaching you? 22 A. No. 23 Q. Do you know of any witnesses to the 24 accident? 25 A. No. rowork courtreportingny.corn - (S45)

49 49 2 Q. Did anyone stop, to ask if you were 3 okay, after you fell and before your husband got 4 there? 5 A. I think my husband said there was 6 a a cable company car. I didn't speak to 7 anybody. 8 Q. Did you see a cable company car as 9 you were walking up Filmont Drive? 10 A. As I was walking? I don't remember. 11 Q. Did you stay at the accident 12 location for your husband to photograph the 13 scrapes on your knees and the scrapes on your 14 hand? 15 A. I don't remember. It's very fuzzy. 16 Q. And did you say you were wearing 17 shorts or long pants that day? 18 I forget what you said. 19 A. Probably pants. I usually don't 20 wear shorts. 21 MR. ACESTE: Can you mark this, 22 please. 23 (Defendants' Exhibit C, photograph, 24 was marked for identification.) 25 (Defendants' Exhibit D, photograph, rowork(kcourtreportingny.corn - (S45)

50 50 2 was marked for identification.) 3 Q. Looking at what's been marked as 4 Exhibit D for identification purposes, does that 5 refresh your recollection that your husband 6 photographed various body parts? 7 (Photograph submitted.) 8 A. That's a picture of me, that's 9 correct. 10 Q. Okay. Looking at Exhibit C, does it 11 refresh your recollection as to whether or not 12 there was a cable service company car on that 13 area, on that street? 14 A. If it's there, it's there. 15 Q. Did you see the cable company car 16 there, as you were walking up 17 A. I don't recall. 18 Q. up Filmont? 19 A. I don't recall. 20 Q. Do you know if the cable company 21 folks were using any type of metal fencing for 22 purposes of performing the work that they were 23 doing? 24 A. I have no way of knowing that. 25 Q. Did you ever return to the area, to rowork courtreportingny.corn - (S45)

51 51 2 investigate where this metal fencing may have 3 come from? 4 A. I did not. 5 Q. Did anyone ever advise you who 6 owned, for lack of a better word, the metal 7 fencing that you tripped over? 8 A. My husband talked to the lawyer, and 9 I believe the lawyer let him know who the owner 10 was. you' 11 Q. And re saying your attorney let 12 your husband know who owned that piece of fencing 13 that you tripped on? 14 A. I assume, right, he gave him the 15 information. 16 Q. Did he give him information as to 17 who the owner of the residence was? 18 A. I have no way of knowing that. 19 Q. Okay. And so you have no way of 20 knowing whether the attorney said that the 21 residents owners owned the fencing? 22 A. I have no way of knowing that. 23 Q. Did you go to the hospital? 24 A. Yes, I did. 25 Q. What hospital? Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

52 52 2 A. Nyack Hospital. you' 3 Q. When you speed walk and re 4 walking a hill, do you ever close your eyes? 5 A. Why would I do that? 6 Q. I'm asking you the question. 7 A. No, I do not. 8 Q. You keep your eyes open all the 9 time? 10 A. Most people do. 11 Q. And I'm just trying to understand, 12 if you saw the metal fencing as you approached it 13 and you moved out of the way of the car, why you 14 walked into the metal fencing? 15 MS. HOPKINS: Just note my objection 16 to form. Is there a question? 17 MR. ACESTE: Yes. 18 You' A. Well, I can't help you. re 19 gonna need to figure that out yourself, sir. I 20 cannot help you. 21 Q. Unfortunately, Ms. Tihin, I don't 22 have to figure it out. 23 A. Well, Q. You have to let me know why 25 something, that was clearly visible to you, you rowork courtreportingny.corn - (845)

53 53 2 walked into and fell over. 3 MS. HOPKINS: Just, again, note my 4 objection to form. The words, clearly 5 visible, I don't know if she testified 6 whether or not it was clearly visible. 7 Q. As you approached that piece of 8 metal fencing, was it clearly visible to you? 9 A. I knew it was there. 10 Q. And you knew, you say, from seeing 11 it two days 12 A. However, I had to move out of the 13 way, so the car would pass. Correct? I mean, 14 that's all I can tell you. 15 Q. But you kept your eyes open as the 16 car approached; yes? 17 A. Yes. As far as I know, I keep my 18 eyes open when I walk. 19 Q. Okay. And why did you walk over, 20 into the metal fencing? 21 A. I couldn't tell you that. 22 Q. I believe I asked you the question 23 before. 24 Did you leave the paved portion of 25 the roadway when the car approached you? - (S45)

54 54 2 A. I don't understand. 3 MS. HOPKINS: Did you step on the 4 curb? I think he's asking. Or the grass? 5 A. I don't remember. 6 Q. Did you trip over the curb as the 7 car approached? 8 A. I know I tripped and fell. I felt 9 my feet getting caught, and I fell. I didn't 10 I don't I felt next thing I remember it 11 was, like I said, it was like I I'm on my 12 ground. 13 Q. Did you trip on the curb? 14 A. I don't know. 15 Q. It's possible 16 A. I don't remember. 17 Q. you tripped on the curb? 18 A. I don't think so, because my feet 19 got caught. As I'm walking, my feet got caught 20 on something. 21 Q. Mrs. Tihin, 22 A. Let me finish, please. You asked me 23 a question. You're gonna let me finish. 24 Correct? 25 Q. Go ahead. rowork courtreportingny.corn - (845)

55 55 2 A. Thank you. 3 As I'm walking, I remember looking 4 up, moving over, so the other car 'cause the 5 car was coming my direction, and then my feet 6 kind of got caught, and they stopped, and next 7 thing I remember is I'm on my face, on the 8 ground. 9 Q. What did your feet get caught in? 10 A. I would assume the fencing. 11 Q. I don't want you to assume. Tell 12 A. You know, the fencing was there. I 13 don't know. 14 Q. You don't know what your feet got 15 caught in; is that correct? 16 A. The fencing. I assume the fencing. 17 Q. I don't want you to assume. 18 A. Well, there was nothing else there. 19 Q. There was a curb there. 20 Did you trip on the curb? 21 A. That's correct, on the side. 22 Q. Did you trip on the curb? 23 A. I wasn't in the direction of the 24 walking the direction of the curb. 25 Q. You moved out of the street, closer rowork courtreportingny.corn - (S45)

56 56 2 to the curb, you told me. 3 A. Closer to the curb. 4 Q. Did you 5 A. Parallel to the curb. 6 Q. Did you trip on the curb? 7 A. I don't think so. 8 Q. But you don't know what you tripped 9 on, as you sit here right now? 10 A. I my feet got caught. 11 Q. On what? 12 A. The fencing. you' 13 Q. But re not sure of that? 14 A. (Indicating). 15 Q. Is that correct? 16 You're not sure of that? 17 A. You know, if I have to say if I'm 18 sure, yes. I'm more sure than I was I did not 19 trip on the curb. My feet got caught, because, 20 as I said, the feet got caught, the feet stop, I 21 remember that, but the body kept going. 22 Q. Did you trip on your feet? 23 A. I'm not in the habit of tripping on 24 my feet. No, I did not trip on my feet. 25 Q. I didn't ask you if you were in the rowork courtreportingny.corn - (845)

57 57 2 habit 3 A. I did not. 4 Q. of tripping on your feet. 5 A. I did not. 6 Q. You have no recollection of tripping 7 on the fencing, from what you told me; is that 8 correct? 9 A. My feet got caught and I fell. 10 Q. Do you have a recollection of 11 tripping on the fencing? 12 Not what you felt. 13 Do you have a recollection of 14 tripping on the fencing; yes or no? 15 A. Well, I'm not really su I'm 16 confused, 'cause I don't really know what he's 17 asking me. 18 Q. I'm asking you if you 19 A. I'm walking. The fencing is there. 20 I'm moving out of the way. The fencing is there. 21 The feet get caught. I go down. That's what I 22 remember. 23 Q. Did you see the fencing as you moved 24 out of the way of the car? 25 A. I think at that particular time, I rowork courtreportingny.corn - (S45)

58 58 2 was looking at the car, to make sure that I was 3 avoiding the car. 4 Q. Well, is Filmont Drive a one way or 5 a two way street? 6 A. It's a two way. 7 Q. Were there any cars going in the 8 opposite direction of the car that was 9 approaching you? 10 A. I not that I recall. 11 Q. Is that street big enough for two 12 cars, obviously to pass side by side? 13 A. Yeah, I would think so. 14 Q. How close to you was the car when it 15 passed you? 16 A. I don't know. 17 Q. Did you intentionally walk over the 18 fencing? 19 A. Why would I do that? 20 Q. To avoid the car. 21 A. Absolutely not. 22 Q. Why did you 23 A. The last thing anybody wants is to 24 get hurt and end up in the hospital, with a 25 broken wrist and dislocated finger, no. Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

59 59 2 MR. ACESTE: Move to strike all that 3 which is not responsive. 4 Q. You didn't intentionally walk over 5 the fencing, to get 6 A. I did not. 7 Q. to pass the car? 8 What was done for you in the 9 hospital? 10 A. Well, first, I believe they took 11 was it a CAT scan? Because I had passed out, 12 they wanted to make sure there was no injury to 13 the brain. (Indicating). 14 Q. And that result came back 15 A. That result came fine. There was no 16 injury to the brain. 17 I think they cleaned the scrapes. 18 Took initially they took x-rays of well, 19 they took x-rays of both. (Indicating). And 20 then they the finger was dislocated, so they 21 pulled it back in place. (Indicating). 22 Q. Which hospital was this? 23 A. This was Nyack Hospital. 24 Q. So the dislocated right pinky was 25 relocated? Rockland and Orange Reporting - romork courtreportingny.corn (845)

60 60 2 A. Relocated, correct. I don't know 3 what they did. 4 Q. Okay. And x-rays were taken of your 5 left wrist? 6 A. Correct. 7 Q. Do you know what the result of that 8 was? 9 A. They said it was a fracture. 10 Q. Did they recommend anything? 11 A. They they put a cast on there, 12 and they said I needed to see an orthopedist. 13 Q. Did you tell you whether it was a 14 displaced or non-displaced fracture in the 15 hospital; if you remember? 16 A. I don't remember. 17 Q. Did they recommend a particular 18 doctor for you to see? 19 A. No. An orthopedist. 20 Q. Did you have an orthopedist, that 21 you were familiar with? 22 A. Yes. 23 Q. And had you been treated by an 24 orthopedist before? 25 A. I had seen him. I had taken my rowork(rcourtreportingny.corn - (845)

61 61 2 mother there, and I had also seen him for 3 sciatica, for myself. 4 Q. Does the sciatica affect you as you 5 walk? 6 A. No. That was many years ago. 7 Q. Had you ever fractured or injured 8 your left hand or wrist before? 9 A. No. 10 Q. Have you done so since April 6th, ? 12 A. No. 13 Q. And the right pinky, once it was 14 reduced, it was put back, it hasn't been an issue 15 for you? 16 A. Well, it it was a big issue, but 17 it's lesser of an issue now. 18 Q. Who did you go to see, after you 19 were discharged from the hospital? 20 A. Dr. Goldmark. 21 Q. And who is he? 22 A. Orthopedist. 23 Q. Who is 24 A. In New City. 25 Q. Is he affiliated with a practice, or - (S45)

62 62 2 does he work 3 A. Yes. 4 Q. Do you know the name of the 5 practice? 6 A. I I don't know. I think it's 7 Northeast Orthopedics. I'm not even sure. 8 Q. Have all these orthopedics groups 9 all joined together? 10 A. I believe so. 11 Q. And was Dr. Goldmark the physician 12 who you told me you had seen for sciatica? 13 A. I believe so. I don't remember. 14 Q. What did Dr. Goldmark do for you? 15 A. He looked at the I guess I 16 don't remember whether he took x-rays or not. He 17 looked at them. Said I had a fractured wrist, 18 and he recommended his associate, who is a 19 specialist. 20 Q. And who is his associate? 21 A. That was Dr. Ilan. 22 Q. Did you see Dr. Ilan? 23 A. Yes. later' 24 Q. That same day, or a few days later? 25 A. I don't remember. rowork courtreportingny.corn - (S45)

63 63 2 Q. Okay. When you saw Dr. Ilan, what 3 complaints did you have? 4 A. My wrist. Well, I had both. I had 5 my dislocated finger that hurt, and my wrist, but 6 he focused on my wrist. 7 Q. Okay. Was the pinky put in any type 8 of a protective brace or metal splint? 9 A. The hospital did. The hospital did. 10 Q. After it was 11 A. And then, I I believe Dr. Ilan 12 said to keep it there for awhile. I I don't 13 remember. 14 Q. Do you know, did the hospital put a 15 little, metal splint on it 16 A. Yes. 17 Q. following the reduction? 18 A. Yes. 19 Q. How long did you wear it? 20 A. I I don't remember. 21 Q. Okay. What did Dr. Ilan recommend 22 for you, when you presented to him with 23 complaints of left wrist pain? 24 A. Well, he he said it was a 25 fracture. He recommended surgery. RocldandandOrangeReporting roworkgcourtreportingny.corn - (S45)

64 64 2 Q. Did he give you the option of 3 conservative treatment and/or surgery? 4 A. He said that it could possibly 5 physical therapy could alleviate the pain, but 6 the fracture would not go away. 7 Q. He said the fracture wouldn't go 8 away? 9 A. Right. wouldn' 10 Q. Did he say the fracture wouldn't 11 heal? 12 A. Or he said yeah, he said the 13 fracture will always be there, so I would be in 14 pain, and he's he said I was better off having 15 surgery. 16 Q. Did he say you were better off 17 having surgery, or did you opt to have 18 surgery, 19 A. No. 20 Q. as opposed to conservative care? 21 A. Conservative care would not treat 22 it, he said. Need a surgery to repair the 23 fracture. 24 Q. Who did the surgery? 25 A. Dr. Ilan. rowork courtreportingny.corn - (845)

65 65 2 Q. And was he associated with anybody 3 in doing that? 4 A. That group, that orthopedist group. 5 Q. When was the surgery done? 6 A. I believe a week later. I don't 7 know the exact date. 8 Q. April 15th; does that sound right? 9 A. I don' t know. I don' t remember the 10 exact day. 11 Q. Did you return to Dr. Ilan, 12 following the surgery? 13 A. Yes. 14 Q. And how many times did you go back 15 to Dr. Ilan, following the surgery? 16 A. I went a couple times, for follow-up 17 visits. He needed to remove stitches, and then 18 he needed to check on it a few weeks later. So I 19 don' t remember how many times. 20 Q. Did you discuss with Dr. Ilan what 21 he did for you during the surgery? 22 A. Yes. 23 Q. And what did he do? 24 A. He put in a metal plate, holding the 25 bones together. Rockland and Orange Reporting - (S45)

66 66 2 Q. Did he tell you that while he was 3 conducting surgery, that he manipulated your 4 wrist, to determine whether it had full range of 5 motion? 6 A. I don't remember. I don't know. 7 Q. Did he tell you that whether or not 8 he manipulated your wrist, to see if there was 9 any instability? 10 A. I don't know. I don't know that. 11 Q. Approximately how many times did you 12 return to Dr. Ilan? 13 A. I don't remember. I saw him a 14 couple times. And I also had to go back and see 15 him after physical therapy ended. 16 Q. When was the last time you saw 17 Dr. Ilan? 18 A. I do not remember the date. 19 Q. Did you see him at all in 2016? 20 A. I don't remember. I mean, I if I 21 had my medical records here, I could tell you, 22 but, honestly, I don't. 23 Q. Do you have your medical records at 24 home? 25 A. I believe so, I have. I have them. - (S45)

67 67 2 Q. Did you review them before you came 3 here to testify? 4 A. Not really. 5 Q. You looked at 'em? 6 A. Not really. I looked at 'em, but I 7 didn't look at the dates. 8 Q. Okay. Well, the doctor's notes seem 9 to indicate that you saw him on August 10th, 10 A. Okay. 11 Q A. Okay. 13 Q. And his notes indicate that you 14 reported that you were doing well. 15 A. Okay. 16 Q. And that you wanted a few more 17 therapy visits. 18 A. Okay. 19 Q. And that you had full range of 20 motion of your left wrist, with some reduction of 21 flexion. 22 MS. HOPKINS: Just note my 23 objection. There's no question here. 24 Q. Is that consistent with your 25 recollection of that visit? roworkgcourtreportingny.corn - (845)

68 68 2 A. I you know what, I I couldn' couldn't 3 tell you. I don't remember specifics. 4 Q. Was August 10th, 2015 the last time 5 that you saw Dr. Ilan? 6 A. I don't remember the exact date. 7 Q. Did you see him in 2016? 8 A. I do not remember. I don't remember 9 the dates. 10 Q. Well, when you looked at your 11 medical records, what medical records did you 12 look at? 13 A. You know, I looked at my file. I 14 didn't I didn't I did not look at all the 15 records and all the dates before I came here, no. 16 So I couldn't tell you. 17 Q. Do you have your physical therapy 18 records at home too? 19 A. I have a folder with all my stuff 20 from insurance, yeah. 21 Q. Where did you have physical therapy? 22 A. At the same complex. 23 Q. The same complex? 24 A. Correct. 25 Q. Northeast? rowork courtreportingny.corn - (845)

69 69 2 A. Right, it's Northeast Orthopedics. 3 Q. How long did you go for? 4 A. For for as long as the insurance 5 company allowed. 6 Q. What insurance company? 7 A. My insurance company. 8 Q. Well, how long was that? 9 A. I don't remember. I think it was 10 through the summer, I want to say. I don't 11 remember. 12 Q. Through August, maybe into 13 September? 14 A. I don't remember. I honestly don't 15 remember. 16 Q. When you returned to school, in 17 September, did you continue with physical 18 therapy? 19 A. I do not remember when the last day 20 was. 21 Q. Okay. Other than going to Nyack 22 Hospital for the emergency room treatment 23 and by the way, where was the surgery 24 performed? 25 A. In Westchester. I am sorry, I don't rowork courtreportingny.corn - (S45)

70 70 2 remember the name of the hospital. 3 Q. Do you know where in Westchester? 4 A. I don't remember. I'm sure you have 5 in your records there. (Indicating). 6 Q. Do you know why it was done in 7 Westchester, as opposed to Rockland? 8 A. I believe that's where the doctor 9 does surgery. I don't I don't know. 10 Q. Does Dobbs Ferry Hospital ring a 11 bell? 12 A. I don't remember. 13 Q. Was it day surgery? 14 A. It was, same day surgery. 15 Q. All right. Were you given any pain 16 medication, prescriptions? 17 A. Yeah. Yeah, I was. 18 Q. Did you fill any of them? 19 A. Yes. 20 Q. How many times? 21 A. Oh, I don't remember. 22 Q. Are you taking any pain medications 23 presently? 24 A. Those, no, absolutely not. That was 25 potent stuff. rowork courtreportingny.corn - (845)

71 71 2 Q. I'm sorry? 3 A. That was potent stuff. That's not 4 the stuff you want to be taking. 5 Q. How long did you take it? 6 A. I a few weeks. 7 Q. Okay. Other than the emergency room 8 treatment at Nyack, the Dobbs Ferry Hospital 9 treatment, your consultation with Dr. Goldmark, 10 Dr. Ilan's surgery, and post-op visits with him, 11 and physical therapy, is there any other doctor 12 that we haven't discussed? 13 A. I can't think of any, no. 14 Q. Was your finger reduced in Nyack 15 Hospital? 16 A. What do you mean, reduced? 17 Q. The dislocation of your right pinky, 18 was that done in the emergency room, that day? 19 A. Yes. 20 Q. Did we leave out any doctors or 21 hospitals or therapists? 22 A. I can't think of any. 23 Q. Okay. Do you have a present 24 appointment to see either a doctor or a 25 therapist? rowork courtreportingny.corn - (845)

72 72 2 A. Regarding the wrist? 3 Q. Yes. 4 A. No. 5 Q. Did you make a police report about 6 this accident? 7 A. I don't know. I don't recall any. couldn' 8 I don't know if my husband did it. I couldn't 9 tell you. 10 Q. Presently, are there any activities 11 that you engaged in before April 6th, 2015 that 12 you no longer engage in at all, due to the injury 13 that you allege you sustained that day? 14 A. Anything that requires using the 15 left wrist, it's it's my dominant hand, yes. 16 Yes. 17 Q. The question is things that you no 18 longer do at all because of the injury to your 19 left wrist. 20 Tell me what you no longer do at 21 all. 22 A. Well, there is one thing that I can 23 no longer do, which actually happened last week, 24 I cannot go bowling anymore, because I cannot 25 lift a bowling ball. (Indicating). rowork courtreportingny.corn - (845)

73 73 2 Q. How often did you go bowling before? 3 A. Oh, you know, recreationally, once 4 in awhile. I used to go with my kids, and then, 5 you know, 6 Q. How old are your kids? 7 A. with friends. Well, my kids are 8 in their thirties. 9 Q. So you went 10 A. But they come and visit, once in 11 awhile. We've gone since they were kids, and 12 sometimes we go now. 13 We also play ping pong. That's not 14 happening anymore. 15 Q. What else don't you do? 16 A. Absolutely not do? I you know, I 17 haven't come across anything yet. Like I said, 18 things happen. It's like I didn't know I could 19 not go bowling until last Thursday. 20 So if you ask me two-months from 21 now, it might be something else. 22 I can't think of anything right now. 23 Q. Well, it's been two years since the 24 you' accident, and you've told me that a week ago 25 did you try to go bowling a week ago? RocldandandOrangeReporting rowork courtreportingny.corn - (845)

74 74 2 A. Yes. 3 Q. Where did you go? 4 A. Up at Fishkill, all the 5 administrative team went out, bowling, to 6 celebrate the end of the school year with the 7 kids. And guess who was sitting there for two 8 hours, trying to look like she was having a good 9 time. 10 Q. Did you try to bowl? 11 A. I couldn't lift the ball. I tried 12 to lift the ball, and it hurt, and actually my 13 wrist was hurting for the rest of the day. 14 Q. Did you try to lift a lighter ball? 15 A. Yes, I tried. I tried. Wasn't 16 working. 17 Q. We have bowling and ping pong. ~ 18 Anything else that you 19 A. I had to modify. Certain things in 20 yoga, I cannot do certain poses. Again, that's 21 something I do regularly. I cannot do certain 22 things that require using the left wrist. 23 Q. Have you expended any out-of-pocket 24 money for any of the medical treatment or 25 physical therapy? Rockland and Orange Reporting - rowork courtreportingny.corn (845)

75 â 75 2 A. I I believe so, yeah. Some of 3 the co-pays and anything that wasn't covered by 4 insurance at the time. 5 Q. Now, I just want to make sure, 6 because there was an Amended Bill of Particulars 7 that said that you'd been incapacitated from your 8 employment as a school principal from the day of 9 the accident up until March of 2017, but you told 10 me you missed two weeks. 11 A. Correct. 12 Q. And then part-time for 13 A. Yes. 14 Q. So it's limited to basically the two 15 weeks after your accident? 16 A. Correct: 17 MS. HOPKINS: Well, I believe that 18 the Amended Bill of Particulars says, 19 Plaintiff has been incapacitated from her 20 usual employment as school principal 21 continuously and intermittently from the 22 date of the occurrence to the present day. 23 MR. ACESTE: That's what it says. 24 MS. HOPKINS: Right. Just want to we' 25 make sure we're... - (S45)

76 76 2 Q. I just want to make sure that I 3 understood your testimony correctly, that you 4 were out for two weeks, and you went back around 5 April 20th. 6 A. Correct. 7 MS. HOPKINS: Could we go off the 8 record for a second. 9 (There was a discussion held off the 10 record.) 11 Q. Is there anything else? 12 A. Oh, there is, unfortunately. 13 Q. Go ahead. 14 A. Things we don't think about. For 15 example, Thanksgiving, you know, trying to cook a 16 turkey, with my family is over, well, I cannot 17 lift; the left hand hurts. I cannot lift 18 anything. So I need to have others help me lift 19 things. 20 The most awful experience was this 21 past Memorial weekend, when I visited my son and 22 his baby, and the baby came running to me, and I 23 tried to lift the baby up, like we do, this is my 24 first grandchild, I could not. The pain shot 25 through my wrist. I could not lift that baby, rowork courtreportingny.corn - (845)

77 77 2 (indicating), like we usually lift. 3 So anything that requires heavy 4 lifting, I cannot do with this hand. 5 ( Indicating). 6 Q. Do you continue any home physical 7 therapy, to strengthen your wrist or forearm? 8 A. Yes. They you know, the physical 9 therapist gave me things that I could be doing. 10 And, you know, so I try to do. I try to 11 'cause the wrist is also not flexible, like, 12 (indicating), the way this bends, that doesn't. 13 So she had given me exercises, and I do those. 14 Q. How often do you do your home 15 therapy? 16 A. As often as I can. 17 Q. And how often is that? 18 A. I I don't know. 19 Q. Twice a week? Three times a week? 20 Once a day? 21 A. It depends on the week. It depends. 22 Q. Do you use weights for therapy? 23 A. Very light weights, yes. 24 Q. How many pounds? 25 A. I don' t remember. I know I know Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

78 78 2 my husband put 'em together. He looked at what 3 the physical therapist did. I don't remember. 4 Q. When was the last time you did 5 physical therapy? 6 A. Oh, that was after the accident, a 7 few months after the accident. So it was summer 8 of two years ago. 9 Q. No, I understand that. we' 10 But what I mean, re talking about 11 your home physical therapy, and I asked you 12 how 13 A. Oh. Last week, I believe. I think 14 over the weekend, yeah. 15 MR. ACESTE: I have no further 16 questions. 17 Thank you (Time noted 12:26 p.m.) ***** rowork courtreportingny.corn - (845)

79 STATE OF NEW YORK ) 5 COUNTY OF %LIIGHT(44, ) I have read the transcript of my testimony 9 taken at the time and place noted on the 10 title page, and I acknowledge it to be true 11 and correct. Any and all corrections will 12 be put on the errata sheet included at the 13 end of this transcript c 16 Anna Tihin Sworn or affirmed to before me this 20 ( day of 9 ~ I l 22 Notary Public -±- RENEERABINOWITZ Notary Public - Stateof NewYork 23 NO,01RA Qualifiedin Rockland County My CommissionExpiresMay26, rowork courtreportingny.corn - (845)

80 E X H I B I T S Defendants' Description Page 6 A photograph 4 7 B photograph 4 8 C photograph 49 9 D photograph ***** Rockland and Orange Reporting rework courtreyortingay.corn roworkgcourtreportingny.corn - (845)

81 INFORMATION TO BE SUPPLIED 3 4 Page Line Description If you could go home and 6 just let your attorney 7 know what your salary was 8 in Rockland and Orange Reporting rewori rowork courtreportingny.corn courtreportin~sy;coin - ($45) (845)

82 C E R T I F I C A T I 0 N I, Jacqueline Padilla, a Certified 7 Shorthand Reporter and Notary Public 8 within and for the State of New York, 9 hereby certify: That the witness whose examination 12 is hereinbefore set forth was duly sworn 13 or affirmed by a Notary Public and that 14 the transcript of said examination is a 15 true record of the testimony given by said 16 witness; and That I am not related to any of the 19 parties to this action by blood or 20 marriage, and I am in no way interested in 21 the outcome of this matter. 22 p' / 24 (.: 25 ($77 J queline Padill, CSR 23 Rockland and Orange Reporting rework courtreyortingay~m - ($45) (S45)

83 LAWYER NOTES/ERRATA SHEET Page Line Change Reason (9 'l 9owRŸ/em\erOr s chechdeuned Print Name: Sworn or affirmed to before me this d yo.20 NotaryPublc - St e o NewYork Notary Pu c Qualifiedin Rocka d County My CommissionExpiresMay26,2021

84 P a g e 1 A amount (1) 39:15 38:3 45:20,22 73:4,11 74:5,17 a.m (1) 1:11 and-a-half (1) approximately (2) brace (1) 63:8 able (1) 15:2 35:24 46:9 66:11 B brain (2) 59:13,16 absolutely (4) 26:14 and/or (1) 64:3 April (20) 7:21,22 B (6) 4:17 44:2 Brenda (2) 1:7 2:24 58:21 70:24 73:16 angle (1) 47:14 8:9 9:7 12:10 13:4 46:23 47:17 80:2 brings (1) 5:3 accident (15) 7:20 Anna (79) 1:4,16 13:5 18:13 20:17 80:7 briskly (1) 34:15 13:13 15:16 25:24 4:1,10 5:1 6:1 7:1 21:6,19 22:8,19 baby (4) 76:22,22 Broadway (1) 2:7 27:15 38:15,17 8:1 9:1 10:1 11:1 22:20 23:12 48:12 76:23,25 broken (1) 58:25 48:24 49:11 72:6 12:1 13:1 14:1 61:10 65:8 72:11 back (16) 8:2 9:6 bunch (1) 28:15 73:24 75:9,15 15:1 16:1 17:1 76:5 10:2 12:17 18:13 business (1) 21:2 78:6,7 18:1 19:1 20:1 area (10) 15:23 25:25 26:6 27:17 accumulate (2) 9:9 21:1 22:1 23:1 20:9 26:10 29:23 28:7 44:8 59:14 C 9:12 24:1 25:1 26:1 30:17 31:3,5 59:21 61:14 65:14 C (6) 2:1 49:23 Aceste (14) 2:16 27:1 28:1 29:1 48:14 50:13,25 66:14 76:4 50:10 80:8 82:2,2 4:20,24 6:10,13 30:1 31:1 32:1 ARGYROPOUL... ball (4) 72:25 74:11 cable (5) 49:6,8 11:5 23:22 32:10 33:1 34:1 35:1 2:5 74:12,14 50:12,15,20 35:5 49:21 52:17 36:1 37:1 38:1 Arlington (1) 6:19 Balmoral (3) 4:13 California (2) 12:24 59:2 75:23 78:15 39:1 40:1 41:1 arms (1) 34:15 15:12 28:10 13:2 acknowledge 42:1 43:1 44:1 arrive (1) (1) 40:6 bar (1) 3:11 call (3) 36:16 39:22 79:10 45:1 46:1 47:1 arrived (1) 40:10 based (1) 10:9 40:3 action (2) 3:13 48:1 49:1 50:1 asked (3) 53:22 basically (1) 75:14 called (1) 36:18 82:19 51:1 52:1 53:1 54:22 78:11 basis (1) 16:18 cap (2) 25:23,23 activities (1) 72:10 54:1 55:1 56:1 asking (12) 5:2 beautiful (1) 21:20 car (36) 31:6,7,9,19 activity (1) 22:9 57:1 58:1 59:1 17:10 23:23 42:21 beginning (2) 12:4 31:20,23 32:2,10 addition (1) 3:9 60:1 61:1 62:1 43:24 45:19,22 22:8 32:17,18,18,24,25 address (1) 4:12 63:1 64:1 65:1 46:7 52:6 54:4 begun (1) 3:17 33:19,23 36:23 administrative 66:1 67:1 68:1 57:17,18 believe (1) (20) 7:22 37:5 48:21 49:6,8 74:5 69:1 70:1 71:1 assert (1) 19:17 8:13 20:3 26:19 50:12,15 52:13 Administrator 72:1 73:1 74:1 associate (1) (2) 62:18 26:21 28:4 33:11 53:13,16,25 54:7 7:9 75:1 76:1 77:1 62:20 42:11 51:9 53:22 55:4,5 57:24 58:2 administrators 78:1 79:16 associated (1) (1) 65:2 59:10 62:10,13 58:3,8,14,20 59:7 13:22 answer (1) 24:15 ASSOCIATES (1) 63:11 65:6 66:25 care (2) 64:20,21 advise (5) 20:22 anybody (5) 20:22 2:5 70:8 75:2,17 carry (2) 17:25 18:3 26:15 38:16,24 21:13 49:7 58:23 assume (6) 43:3 78:13 cars (4) 19:7 34:2 51:5 65:2 51:14 55:10,11,16 bell (1) 70:11 58:7,12 advised (1) 27:14 anymore (3) 26:13 55:17 belong (1) 36:3 cast (1) 60:11 affect (1) 61:4 72:24 73:14 Astoria (1) 2:9 bends (1) 77:12 CAT (1) 59:11 affiliated (1) 61:25 apologies (1) 44:18 attend (1) 8:21 bent (1) 39:9 caught (12) 31:10 affirmed (3) 4:4 appear (3) 45:14,16 attention (1) 35:16 best (1) 17:10 54:9,19,19 55:6,9 79:19 82:13 47:15 attorney (5) 3:24 better (3) 51:6 55:15 56:10,19,20 ago (5) 7:22 61:6 appointment (1) 11:7 51:11,20 64:14,16 57:9,21 73:24,25 78:8 71:24 81:6 beyond (2) 25:21 cause (7) 13:23 20:8 agree (1) 23:14 appointments (2) attorneys (4) 2:6,17 46:20 33:15 44:13 55:4 AGREED (1) 3:2 8:21 11:18 3:3 43:8 big (2) 58:11 61:16 57:16 77:11 agrees (1) 23:23 approach (1) 34:2 August (3) 67:9 Bill (2) 75:6,18 celebrate (1) 74:6 ahead (2) 54:25 approached (12) 68:4 69:12 birth (2) 6:5,8 certain (4) 46:3 76:13 23:15 30:16 31:3 Averaging (1) 35:3 bit (2) 34:10,13 74:19,20,21 alerted (1) 21:13 31:5 33:23 36:23 avoid (4) 26:10 blank (1) 11:8 certainly (1) 11:14 allege (3) 8:18 48:17 52:12 53:7 32:18 33:19 58:20 blood (1) 82:19 Certified (1) 82:6 15:13 72:13 53:16,25 54:7 avoided (2) 24:9 body (3) 39:2 50:6 certify (1) 82:9 alleviate (1) 64:5 approaching (7) 25:9 56:21 charge (1) 3:25 allowed (2) 9:9 69:5 24:2 32:3,11,24 avoiding (1) 58:3 bones (1) 65:25 check (1) 65:18 ALYSSE (1) 2:11 33:10 48:21 58:9 aware (1) 30:20 bowl (1) 74:10 chilly (2) 17:23 Amended (2) 75:6 approximate (6) awful (1) 76:20 bowling (7) 72:24 21:23 75:18 36:25 37:7,25 awhile (3) 63:12 72:25 73:2,19,25 chin (1) 39:7 Rockland and Orange Reporting - (S45)

85 Page 2 City (4) 1:18,24 continue (2) 69:17 9:25 11:19,23,24 dislocated (5) 39:8 due (2) 8:18 72:12 4:14 61:24 77:6 11:25 17:14 18:19 58:25 59:20,24 duly (2) 4:4 82:12 claim (2) 13:10 continued (1) 32:2 19:18 21:20 24:10 63:5 Dutchess (1) 6:23 15:16 continuously (1) 25:3 27:19 28:5,7 dislocation (1) duties (2) 13:4,11 class (4) 7:15,16,17 75:21 29:6 34:21 36:23 71:17 8:2 controlled (1) 3:20 37:19,21 41:3,5 displaced (1) 60:14 E classroom (2) 13:23 cook (1) 76:15 49:17 62:24 65:10 distance (8) 15:11 E (4) 2:1,1 80:2 13:25 copy (1) 3:23 69:19 70:13,14 24:3,21 29:24 82:2 cleaned (1) 59:17 correct (29) 9:15 71:18 72:13 74:13 35:18 36:21 37:6 earlier (2) 4:23 8:21 cleanup (2) 22:9,18 10:14,20 12:14 75:8,22 77:20 45:23 early (1) 11:17 clear (1) 37:11 17:23 19:7,18 79:20 distances (1) 36:11 either (5) 8:5 11:17 clearly (4) 52:25 23:10 25:3,11 days (20) 8:20 9:2,3 district (2) 9:17 22:19 48:3 71:24 53:4,6,8 31:2 37:11 41:16 9:4,8,10,13,23 10:10 em (3) 67:5,6 78:2 close (4) 25:13 46:4 47:14 50:9 10:9 11:16 16:20 divided (3) 9:22 emergency (3) 31:11 52:4 58:14 53:13 54:24 55:15 16:20 24:10 25:6 10:18,19 69:22 71:7,18 closer (9) 29:21 55:21 56:15 57:8 25:10,13,15 30:24 Dobbs (2) 70:10 employed (3) 6:16 31:7,8,18,20,23 60:2,6 68:24 53:11 62:24 71:8 6:18,25 32:13 55:25 56:3 75:11,16 76:6 dealing (1) 14:13 doctor (5) 11:18 employee (1) 12:7 clubs (1) 36:6 79:11 deemed (1) 3:19 60:18 70:8 71:11 employment (2) co-pays (1) 75:3 corrections (1) Defendants (2) 1:8 71:24 75:8,20 cold (1) 16:11 79:11 2:17 doctor's (1) 67:8 ended (1) 66:15 Defendants' colder (1) 16:10 correctly (1) 76:3 (7) doctors (1) 71:20 engage (1) 72:12 collect (1) 39:21 counsel (1) 3:18 4:15,17 44:2 doing (8) 15:20,22 engaged (1) 72:11 color (1) 19:24 Counsel's (1) 11:5 46:23 49:23,25 17:3 42:22 50:23 entirely (1) 45:4 come (7) 10:15 count (1) 14:22 80:5 65:3 67:14 77:9 equate (1) 9:20 12:17 14:6,25 County (3) 1:2 6:23 demand (1) 11:13 dominant (3) 14:4,8 equipment (1) 51:3 73:10,17 79:5 departing (1) 9:17 72:15 17:18 coming (8) 19:7 couple (4) 5:4 8:11 depend (1) 28:19 door (1) 14:5 errata (1) 79:12 31:6,7 32:17,22 65:16 66:14 depending (3) doors (7) 13:23 ESQ (2) 2:11,16 33:3,19 55:5 COURT (3) 1:1 4:8 16:12,19 17:21 14:6,16 15:2,8,9 everybody (1) 5:15 company (8) 49:6,8 4:11 depends (12) 28:13 15:10 exact (3) 65:7,10 50:12,15,20 69:5 covered (1) 75:3 28:15 29:5 34:3,6 downhill (1) 34:11 68:6 69:6,7 CPLR (2) 3:5,20 34:7,8,9,13,17 Dr (17) 61:20 62:11 exactly (3) 10:23 compared (1) 7:8 cross (1) 28:20 77:21,21 62:14,21,22 63:2 17:2 24:12 compensated (1) CSR (1) 82:24 depicted (1) 44:6 63:11,21 64:25 examination (8) 8:22 curb (29) 20:15 depicting (1) 43:11 65:11,15,20 66:12 1:15 3:9,11,16,24 complaints (2) 63:3 31:8,9,12,12,15 deposition (3) 3:14 66:17 68:5 71:9 4:19 82:11,14 63:23 31:18,24 32:14,15 3:18,22 71:10 examined (3) 3:15 complex (2) 68:22 32:17 45:18,23 Depositions (1) 3:6 drain (1) 25:23 3:25 4:7 68:23 46:9,15,20 54:4,6 describe (1) 19:23 drill (4) 13:19,22 example (1) 76:15 concern (1) 38:20 54:13,17 55:19,20 Description (2) 14:3,3 exercise (1) 17:4 conditions (1) 21:18 55:22,24 56:2,3,5 80:5 81:4 drills (4) 13:20,20 exercises (1) 77:13 Conduct (1) 3:6 56:6,19 details (1) 43:24 15:3,8 Exhibit (10) 4:15,17 conducting (1) 66:3 Currently (1) 36:11 determine (1) 66:4 Drive (27) 4:13 44:2 47:8,16,17 confused (1) 57:16 different (4) 26:8 15:12,17,19,21 49:23,25 50:4,10 Congers (2) 1:18,23 D 28:16 47:13,16 16:25 19:14 21:9 expected (1) 13:7 conservative (3) D (3) 49:25 50:4 difficult (1) 14:12 22:23 23:3 26:12 expended (1) 74:23 64:3,20,21 80:9 direct (1) 23:20 26:16 28:11,21,22 experience (3) 27:6 considered (1) 12:5 daily (1) 9:19 direction (5) 19:8 29:3,25 30:7,13 42:21 76:20 consist (1) 12:2 date (8) 1:19 6:5,8 55:5,23,24 58:8 37:9,14 38:17,24 extent (1) 13:9 consistent (1) 67:24 6:14 65:7 66:18 discharged (1) 41:24 43:12 49:9 eye (1) 25:3 consultation (1) 68:6 75:22 61:19 58:4 eyes (4) 52:4,8 71:9 dates (3) 67:7 68:9 discuss (1) 65:20 driver (1) 48:20 53:15,18 contact (3) 18:12,14 68:15 discussed (1) 71:12 driveway (2) 30:12 30:14 day (36) 7:19 9:20 discussion (1) 76:9 37:8 F Rockland and Orange Reporting - rowork courtreportingny.corn (S45)

86 Page 3 F (1) 82:2 file (1) 68:13 41:23 54:12 55:8 hospital (22) 38:22 face (4) 31:22 32:23 filing (1) 3:21 fulfill (1) 13:12 group (2) 65:4,4 40:22,24 41:15 39:6 55:7 fill (2) 11:9 70:18 full (4) 8:20 11:19 groups (1) 62:8 43:6 51:23,25 facing (1) 39:9 Filmont (29) 15:17 66:4 67:19 guess (4) 39:25 52:2 58:24 59:9 fact (1) 41:18 15:19,20 16:25 furnished (1) 3:24 47:22 62:15 74:7 59:22,23 60:15 failure (2) 3:9,17 19:14 21:9 22:23 further (2) 3:23 gusty (1) 22:6 61:19 63:9,9,14 Fair (1) 5:20 23:3 26:12,16 78:15 69:22 70:2,10 familiar (2) 29:22 28:11,21,21,25 fuzzy (1) 49:15 H 71:8,15 60:21 29:4,10,11,25 H (2) 4:2 80:2 hospitals (1) 71:21 family (1) 76:16 30:7,13 37:9,13 G habit (2) 56:23 57:2 hour (1) 35:21 far (5) 32:25 33:4 38:17,24 41:24 getting (1) 54:9 hand (13) 5:11 14:4 hours (1) 74:8 45:18 46:14 53:17 43:12 49:9 50:18 give (2) 51:16 64:2 14:10,14 15:5,6 house (9) 7:6,7,11 fast (4) 34:4,18,20 58:4 given (3) 70:15 39:11,12 49:14 7:14,25 28:10 36:16 find (1) 26:3 77:13 82:15 61:8 72:15 76:17 29:10,13 42:12 faster (2) 34:12,25 fine (1) 59:15 glasses (3) 18:10,17 77:4 houses (2) 30:6 feet (23) 24:21 finger (4) 58:25 18:20 happen (1) 73:18 48:15 25:17,19 29:24 59:20 63:5 71:14 go (40) 9:6 11:6 happened (10) hurt (3) 58:24 63:5 30:4,4 45:8 54:9 finish (4) 5:17,18 12:23 13:25 16:13 15:16 20:7 22:19 74:12 54:18,19 55:5,9 54:22,23 21:8 24:11 26:12 24:10,12,14,19 hurting (2) 39:13 55:14 56:10,19,20 fire (2) 13:20 14:2 27:17 28:16,16,25 31:22 33:21 72:23 74:13 56:20,22,24,24 first (7) 4:4 13:18 34:23,24,25,25 happening (1) hurts (1) 76:17 57:4,9,21 24:16 25:14 29:10 38:23 40:22,23 73:14 husband (34) 26:19 fell (14) 15:13 20:11 59:10 76:24 41:15 43:6 51:23 hate (1) 37:2 26:25 27:7,11,17 21:5 30:17 38:8 Fishkill (1) 74:4 54:25 57:21 61:18 head (4) 5:11 14:22 27:24 28:3 38:11 39:20,24 44:15 five (6) 16:20 17:6,7 64:6,7 65:14 18:8 46:13 39:22 40:4,6,10 48:18 49:3 53:2 24:21 25:17 30:10 66:14 69:3 72:24 heal (1) 64:11 40:20 41:7,14,25 54:8,9 57:9 five-foot (1) 24:3 73:2,4,12,19,25 heavy (1) 77:3 42:5,7,8 43:2,14 felt (5) 13:18 23:13 flexible (1) 77:11 74:3 76:7,13 81:5 held (2) 1:16 76:9 43:16,23 44:11 54:8,10 57:12 flexion (1) 67:21 goes (1) 44:25 help (4) 15:10 52:18 47:4,6 49:3,5,12 fencing (77) 19:22 flow (2) 19:9,11 going (10) 8:2 19:2 52:20 76:18 50:5 51:8,12 72:8 19:23 20:24 21:10 flurry (1) 22:9 28:15 29:18 30:20 hereinbefore (1) 78:2 24:5,22 25:22 focused (1) 63:6 34:9 38:21 56:21 82:12 26:17 27:20,23 folder (1) 68:19 58:7 69:21 hereto (1) 3:4 I 28:7 30:14,24 folks (2) 21:9 50:21 Goldmark (4) 61:20 high (4) 6:19 7:2,5 idea (1) 22:14 31:4,10 32:14 follow-up (2) 11:14 62:11,14 71:9 13:19 identification (7) 33:5,8,13,15,17 65:16 gonna (7) 7:16 hill (1) 52:4 4:16,18 44:3 47:9 33:18,20 36:22 following (5) 8:8,23 26:19 27:7,21 hilly (1) 34:23 49:24 50:2,4 37:12,23 38:5 63:17 65:12,15 43:22 52:19 54:23 hip (1) 18:3 Ilan (12) 62:21,22 39:4,15 42:10,15 follows (1) 4:7 good (6) 4:21,22 hold (1) 26:22 63:2,11,21 64:25 44:21,22 45:4,7 forearm (1) 77:7 5:21 13:21 16:13 holding (1) 65:24 65:11,15,20 66:12 45:15,17,24,25 forget (1) 49:18 74:8 holes (1) 19:3 66:17 68:5 46:3,8,15,16,20 form (4) 3:8 34:14 goodness (1) 14:18 holidays (1) 9:2 Ilan's (1) 71:10 46:24 47:4,6,15 52:16 53:4 grade (2) 7:10,13 home (10) 10:25 immediately (2) 47:20,21,25 48:5 format (1) 34:19 grandchild (1) 11:6 38:5,11 40:24 41:15 48:7,11,13 50:21 forth (1) 82:12 76:24 66:24 68:18 77:6 immense (6) 39:17 51:2,7,12,21 four (1) 45:7 grass (6) 20:14 21:4 77:14 78:11 81:5 40:15,16 41:10,19 52:12,14 53:8,20 Fourteen (1) 7:3 45:4,8 46:10 54:4 honestly (2) 66:22 43:5 55:10,12,16,16 fracture (8) 60:9,14 green (2) 36:22 69:14 incapacitated (2) 56:12 57:7,11,14 63:25 64:6,7,10 44:21 HOPKINS (21) 75:7,19 57:19,20,23 58:18 64:13,23 greenish (3) 19:25 2:11 6:7,12 11:12 incident (6) 5:3 8:8 59:5 fractured (2) 61:7 24:7 37:12 22:11 23:17,20,23 8:19,23 11:21 Ferry (2) 70:10 62:17 ground (15) 23:4,5 32:4,8 45:9,12 48:9 71:8 freshman (2) 8:5,7 23:15 24:4,20,22 46:18,23 52:15 included (1) 79:12 figure (4) 10:15 friends (1) 73:7 30:18 31:17,21,24 53:3 54:3 67:22 includes (1) 16:25 40:17 52:19,22 front (3) 24:4,24 37:3 39:3 41:23 75:17,24 76:7 including (1) 3:7 Rockland and Orange Reporting - rowork courtreportingny.corn (845)

87 P a g e 4 Index (1) 1:6 55:6 lesser (1) 61:17 manipulated (2) month (1) 6:14 indicate (2) 67:9,13 knees (2) 39:6 49:13 let's (3) 12:4 43:5 66:3,8 months (1) 78:7 indicated (1) 48:14 knew (4) 33:17 45:7 March (1) 75:9 Moreland (1) 28:17 indicating (29) 14:5 37:15 53:9,10 lift (10) 72:25 74:11 mark (1) 49:21 morning (6) 4:21,22 14:15 17:14 19:12 know (102) 10:21 74:12,14 76:17,17 marked (7) 4:16,18 11:22 15:21 19:15 20:15 23:7 26:11 10:23 11:7 14:13 76:18,23,25 77:2 44:2 47:8 49:24 48:17 31:6 32:15 33:20 14:20 15:15 17:2 lifting (1) 77:4 50:2,3 mother (1) 61:2 39:10,11,14 44:22 17:13 20:20 21:13 light (1) 77:23 marriage (1) 82:20 motion (3) 3:12 45:2 46:2,5,17,19 21:14,15,16,23,24 lighter (1) 74:14 married (2) 5:25 66:5 67:20 47:23 56:14 59:13 21:25 22:13,18 limitation (1) 13:18 6:3 move (10) 3:8,10 59:19,21 70:5 26:2,22 27:2,22 limited (1) 75:14 Martin (2) 1:7 2:23 32:17 34:15 46:22 72:25 77:2,5,12 28:6,9,18 29:7,22 Line (1) 81:4 math (1) 35:25 46:24 47:4,6 information (3) 30:3,5,6 33:3,7,11 listen (1) 18:5 matter (1) 82:21 53:12 59:2 51:15,16 81:2 33:16 34:6,8,19 little (12) 5:4 10:7,8 mean (11) 14:21 moved (9) 31:7,8,11 initially (1) 59:18 34:22 35:2,8,14 21:23 28:14,23,24 17:3 24:11 29:19 31:20,23 33:18 injured (1) 61:7 35:19,20 36:19 29:4,21 34:10,13 35:9,23 48:14 52:13 55:25 57:23 injuries (1) 8:18 37:10,18,24 38:9 63:15 53:13 66:20 71:16 moving (4) 32:12,12 injury (4) 59:12,16 39:5,5,17 40:11 live (1) 21:9 78:10 55:4 57:20 72:12,18 40:14 42:13 43:19 LLC (1) 2:5 meant (1) 34:18 music (1) 18:6 instability (1) 66:9 43:20,21 48:15,23 located (1) 46:15 measure (1) 33:7 insurance (5) 68:20 50:20 51:9,12 location (13) 5:23 measured (1) 35:17 N 69:4,6,7 75:4 52:24 53:5,17 15:12 21:5 25:21 measuring (2) 33:6 N (5) 2:1 4:2,2,2 intentionally (2) 54:8,14 55:12,13 30:13 39:19,23 37:6 82:2 58:17 59:4 55:14 56:8,17 40:7,10 41:3 medical (6) 8:21 name (4) 4:9,24 interested (1) 82:20 57:16 58:16 60:2 47:16 48:8 49:12 66:21,23 68:11,11 62:4 70:2 intermittently (1) 60:7 62:4,6 63:14 locations (1) 26:8 74:24 necessarily (1) 75:21 65:7,9 66:6,10,10 lock (6) 13:19,20,22 medication (1) 28:16 interpret (2) 5:10 68:2,13 70:3,6,9 13:24 14:3 15:2 70:16 need (5) 13:21 45:21 72:7,8 73:3,5,16 long (15) 5:22 6:25 medications (1) 43:21 52:19 64:22 introduced (1) 4:23 73:18 76:15 77:8 21:25 35:6 37:25 70:22 76:18 investigate (1) 51:2 77:10,18,25,25 40:9,12,17 43:14 Memorial (1) 76:21 needed (5) 14:5 issue (3) 61:14,16 81:7 49:17 63:19 69:3 metal (34) 20:2,24 40:22 60:12 65:17 61:17 knowing (4) 50:24 69:4,8 71:5 21:10 24:5,22 65:18 51:18,20,22 longer (4) 72:12,18 25:22 26:17 30:14 neighborhood (4) J 72:20,23 30:24 31:4 33:5,8 20:23 21:2 22:10 J (1) 2:16 L look (12) 18:23 23:3 33:13,15,17,17,20 22:22 Jackie (1) 5:10 lack (1) 51:6 23:5,6,6 31:14,17 36:22 37:12,22 New (15) 1:1,18,18 Ja cqueline (3) 4:5 Lagrangeville (2) 47:7 67:7 68:12 38:5 39:4,15 1:20,24,24 2:9,19 82:6,24 6:20,21 68:14 74:8 44:21 50:21 51:2 4:6,13,14 6:20 January (1) 12:4 landscape (3) 22:9 looked (8) 23:24 51:6 52:12,14 61:24 79:4 82:8 Jennifer (1) 28:18 22:15,24 62:15,17 67:5,6 53:8,20 63:8,15 nod (1) 5:10 joined (1) 62:9 large (1) 7:10 68:10,13 78:2 65:24 nods (1) 46:13 joint (1) 39:9 lawyer (2) 51:8,9 looking (15) 23:15 middle (1) 32:16 non-displaced (1) July (1) 1:11 laying (1) 19:6 24:3,4,20 30:18 mile (3) 15:14 34:20 60:14 junior (1) 7:15 leave (4) 10:10 11:8 30:19,21 31:25 35:23 Northeast (3) 62:7 53:24 71:20 39:18 47:24 48:2 miles (2) 35:19,22 68:25 69:2 K left (15) 8:21 11:16 50:3,10 55:3 58:2 mindful (1) 30:23 nose (1) 39:7 keep (5) 32:21 36:2 15:6 23:6 28:25 looks (2) 45:3,6 minutes (4) 35:10 Notary (7) 1:19 52:8 53:17 63:12 39:12,13 60:5 lot (1) 40:21 35:23,24 43:2 3:15,16 4:5 79:22 kept (3) 32:19 53:15 61:8 63:23 67:20 lying (2) 31:21 39:6 missed (3) 8:17,20 82:7,13 56:21 72:15,19 74:22 75:10 note (7) 22:11 23:17 key (3) 14:2,4,11 76:17 M modify (1) 74:19 32:4 45:9 52:15 kids (5) 73:4,6,7,11 left-hand (1) 14:8 main (1) 38:20 Monday (3) 7:21 53:3 67:22 74:7 length (2) 46:3 48:4 maintaining (1) 21:19,20 noted (2) 78:19 kind (3) 36:19 39:9 lenses (2) 18:12,14 22:16 money (1) 74:24 79:9 Rockland and Orange Reporting - (845)

88 Page 5 notes (2) 67:8,13 29:20 58:8 parts (1) 50:6 2:6 4:3 75:19 put (10) 6:12,13 nuh-huh (1) 5:15 opt (1) 64:17 pass (5) 31:9 32:18 plastic (2) 20:4,5 11:13 60:11 61:14 number (7) 9:23 option (1) 64:2 53:13 58:12 59:7 plate (1) 65:24 63:7,14 65:24 17:5 29:9,20 30:2 Orange (2) 1:17,22 passed (4) 30:7 37:8 play (1) 73:13 78:2 79:12 30:7,12 order (1) 10:11 58:15 59:11 please (6) 4:8,11 5:6 Nyack (5) 52:2 orderly (1) 5:19 pattern (2) 28:17 6:9 49:22 54:22 O 59:23 69:21 71:8 original (2) 3:18,21 29:5 point (3) 9:21 15:4 question (11) 3:7,10 71:14 orthopedics (3) paved (1) 53:24 23:25 5:18 23:21 24:15 62:7,8 69:2 pay (2) 11:19 35:16 police (1) 72:5 52:6,16 53:22 orthopedist (6) people (2) 38:14 pong (2) 73:13 54:23 67:23 72:17 (1) 82:2 60:12,19,20,24 52:10 74:17 questions (3) 5:2,6 object (2) 3:7,10 61:22 65:4 performed (2) 8:15 portion (2) 39:2 78:16 objection (7) 22:12 out-of-pocket (1) 69:24 53:24 quick (1) 5:4 23:18 32:5 45:10 74:23 performing (1) pose (1) 41:21 Quite (1) 30:9 52:15 53:4 67:23 outcome (1) 82:21 50:22 posed (1) 41:19 observed (3) 32:24 outside (2) 13:24 permission (1) 11:6 poses (1) 74:20 R 32:25 33:9 16:13 permits (1) 16:2 position (1) 7:4 R (2) 2:1 82:2 obstructing (1) owned (3) 51:6,12 phones (1) 18:8 possible (1) 54:15 races (1) 36:9 19:13 51:21 photograph (21) possibly (1) 64:4 rain (1) 16:3 obviously (1) 58:12 owner (2) 51:9,17 4:15,17 44:5,7,12 post-op (1) 71:10 range (2) 66:4 occur (1) 11:21 owners (1) 51:21 44:20 45:6 46:6,8 potent (2) 70:25 67:19 occurred (1) 8:9 47:10,12,13 48:2 71:3 reached (1) 30:2 occurrence (1) P 49:12,23,25 50:7 pounds (1) 77:24 read (1) 79:8 75:22 P (2) 2:1,1 80:6,7,8,9 practice (2) 61:25 really (20) 13:17 offices (1) 1:17 p.m (1) 78:19 photographed (1) 62:5 17:13 25:25 26:5 Oh (8) 14:18 29:3 packages (1) 18:3 50:6 precipitation (1) 26:23 27:21 28:19 48:13 70:21 73:3 Padilla (3) 4:5 82:6 photographs (2) 16:6 34:13,25 35:8,15 76:12 78:6,13 82:24 43:9 48:3 prescriptions (1) 37:2 42:23 43:23 okay (55) 5:8,13 page (3) 79:10 80:5 physical (13) 11:17 70:16 46:25 47:2 57:15 6:15 7:19 9:4,16 81:4 64:5 66:15 68:17 present (4) 2:23 57:16 67:4,6 10:11 11:11,16,23 paid (1) 9:13 68:21 69:17 71:11 30:21 71:23 75:22 recall (6) 43:24,24 12:9 14:23,25 pain (18) 15:5 27:6 74:25 77:6,8 78:3 presented (1) 63:22 50:17,19 58:10 16:14 18:10 20:6 38:21 39:18 40:15 78:5,11 presently (6) 5:25 72:7 23:2,8 24:17 25:5 40:16,22 41:10,19 physically (1) 13:25 6:16 7:4 18:11 receive (1) 11:18 25:21 26:3,15 42:2 43:5 47:5 physician (1) 62:11 70:23 72:10 receiving (2) 10:10 27:3,5,9 28:24 63:23 64:5,14 picture (3) 45:3,21 Pretty (1) 16:8 10:16 33:22 41:9 43:4,8 70:15,22 76:24 50:8 principal (9) 7:6,7,9 recognize (3) 44:6 43:13 44:4,19,24 pants (2) 49:17,19 pictures (15) 41:5,7 7:10,12,14,25 48:16,20 47:11,11,15,24 Parallel (1) 56:5 41:19,21,25 42:4 75:8,20 recollection (9) 49:3 50:10 51:19 part (4) 3:5 20:13 42:7,8,10,12,14 prior (4) 13:5 30:24 11:2 17:11 48:4 53:19 60:4 63:2,7 20:14 45:25 42:16,18 43:15,21 33:8 48:12 50:5,11 57:6,10 63:21 67:8,10,12 part-time (1) 75:12 piece (9) 19:21 Probably (2) 15:14 57:13 67:25 67:15,18 69:21 participated (1) 20:23 21:10 26:17 49:19 recommend (3) 71:7,23 36:8 27:19,23 33:4 properties (1) 48:15 60:10,17 63:21 old (2) 2:18 73:6 particular (5) 7:13 51:12 53:7 property (1) 26:18 recommended (2) once (6) 40:10,19 18:19 24:10 57:25 ping (2) 73:13 protective (1) 63:8 62:18 63:25 61:13 73:3,10 60:17 74:17 provided (3) 3:5,19 record (7) 4:9 6:8 77:20 particularly (2) pinky (7) 39:8,11 43:8 37:11 46:18 76:8 open (6) 15:2,7,9 22:6,23 39:12 59:24 61:13 Public (7) 1:20 3:15 76:10 82:15 52:8 53:15,18 Particulars (2) 75:6 63:7 71:17 3:16 4:5 79:22 records (7) 66:21 opening (1) 14:17 75:18 pinpoint (1) 17:5 82:7,13 66:23 68:11,11,15 operator (1) 48:16 parties (2) 3:3 place (3) 20:11 pulled (1) 59:21 68:18 70:5 opposed (2) 64:20 82:19 59:21 79:9 purposes (6) 11:17 recreationally (1) 70:7 partly (2) 21:4,4 Plains (1) 2:19 22:16 44:3 47:9 73:3 opposite (3) 19:11 partner (1) 17:16 Plaintiff (5) 1:5,16 50:4,22 reduced (3) 61:14 Rockland and Orange Reporting - rowork courtreportingny.corn (845)

89 P a g e 6 71:14,16 reserved (2) 3:9,12 route (5) 16:16,25 62:22 66:8,14,19 sound (1) 65:8 reduction (2) 63:17 resided (1) 5:22 28:11 29:6 35:7 68:7 71:24 Sounds (1) 5:21 67:20 residence (7) 4:12 rows (1) 14:22 seeing (2) 37:5 souvenirs (1) 38:14 reflect (1) 46:19 15:12 37:9 41:24 Rule (1) 3:20 53:10 speak (3) 26:24 refresh (4) 11:2 43:11 46:10 51:17 rules (2) 3:6 5:5 seen (20) 20:8,9,10 43:22 49:6 48:3 50:5,11 residents (4) 26:16 runner (2) 34:16 20:17,19,23 21:3 specialist (1) 62:19 regard (1) 19:9 38:16,23 51:21 36:6 22:23 23:9,16 specifies (1) 68:3 Regarding (1) 72:2 respective (1) 3:3 running (3) 34:16 24:5,8,23,25 speed (21) 15:23,25 Regardless (1) respond (1) 5:9 36:9 76:22 30:23 48:11,13 16:3,7,9,15 17:15 41:18 response (1) 5:12 Rutstein (4) 1:7,7 60:25 61:2 62:12 17:19 18:22 19:8 regularly (1) 74:21 responsibilities (2) 2:23,24 sees (1) 32:10 34:5,14,17,21 reimbursed (2) 9:14 13:5,11 Rutsteins (3) 4:25 senior (2) 7:16 8:2 35:6 36:3,9,14,15 10:9 responsible (2) 9:23 26:16 27:14 September (3) 36:18 52:3 related (1) 82:18 14:16 12:16 69:13,17 splint (2) 63:8,15 relive (1) 42:21 responsive (1) 59:3 S service (2) 22:15 spring (1) 22:18 relived (1) 42:24 rest (2) 12:13 74:13 S (4) 1:7 2:1,23 80:2 50:12 start (3) 28:17,18 relocated (2) 59:25 result (3) 59:14,15 safety (1) 14:6 set (1) 82:12 28:19 60:2 60:7 salary (10) 9:19,21 seven (1) 16:19 started (3) 12:15 remember (71) 7:19 resume (1) 13:4 9:22 10:2,9,16,21 sewer (2) 25:23,23 29:8,19 10:24 12:20 21:17 retirement (1) 9:15 11:2,7 81:7 shape (1) 36:2 state (7) 1:1,20 4:6 21:21,24 22:2,4,5 return (6) 3:17 8:9 sat (2) 39:25 40:3 sheet (1) 79:12 4:8,11 79:4 82:8 22:7,21 23:13 41:2 50:25 65:11 Saturday (1) 21:18 Shorthand (1) 82:7 stay (6) 7:17 39:19 24:12 25:18,20,24 66:12 saw (22) 20:12 shorts (2) 49:17,20 39:23 40:9 41:23 26:6 29:8 30:15 returned (5) 11:10 23:24 24:5,8 25:5 shot (1) 76:24 49:11 31:16,21,22 32:20 12:9 13:3,16 25:13,14 31:20,23 show (2) 42:14 step (3) 31:12,15 32:22,22 33:12,16 69:16 33:13 36:23 37:18 43:25 54:3 33:24 35:15 36:24 returning (1) 13:12 37:18,19,21,23 sick (6) 9:3,4,8,10 STIPULATED (2) 37:4,4 42:3 48:10 review (1) 67:2 52:12 63:2 66:13 9:13,20 3:2,23 49:10,15 54:5,10 right (33) 3:7 12:12 66:16 67:9 68:5 side (4) 29:20 55:21 STIPULATIONS... 54:16 55:3,7 14:10,22 15:5 saying (2) 10:12 58:12,12 3:1 56:21 57:22 60:15 16:9 17:12 19:5 51:11 sight (1) 25:3 stitches (1) 65:17 60:16 62:13,16,25 20:15 23:6,19 says (2) 75:18,23 silverish (3) 19:25 stop (4) 33:22,25 63:13,20 65:9,19 24:24 29:2 30:16 scan (1) 59:11 24:7 37:12 49:2 56:20 66:6,13,18,20 32:7 36:19,20,21 scene (1) 40:19 sir (4) 25:7 45:5,11 stopped (1) 55:6 68:3,6,8,8 69:9,11 39:11,12 44:13,22 school (16) 6:19 7:2 52:19 stopwatch (1) 40:17 69:14,15,19 70:2 51:14 56:9 59:24 7:5,10,11,12,12 sit (1) 56:9 street (9) 15:15 70:4,12,21 77:25 61:13 64:9 65:8 11:23 12:2,8,15 sitting (1) 74:7 25:23 26:11 28:20 78:3 69:2 70:15 71:17 13:19 69:16 74:6 situation (1) 34:3 46:21 50:13 55:25 remembered (1) 73:22 75:24 75:8,20 size (1) 37:22 58:5,11 13:17 rights (2) 3:5,19 sciatica (3) 61:3,4 sleeves (1) 21:25 streets (3) 28:15,16 remove (1) 65:17 ring (1) 70:10 62:12 slow (1) 34:24 34:23 repair (1) 64:22 road (18) 1:18,23 scrapes (3) 49:13,13 slowed (1) 31:8 strengthen (1) 77:7 repeat (2) 5:6 42:20 2:18 19:4,6 20:14 59:17 slower (2) 34:10,13 stretched (1) 46:9 repeatedly (1) 15:6 21:4 27:25 28:14 scrapped (3) 39:7,7 smaller (2) 7:11,12 strike (3) 3:8,10 report (1) 72:5 28:23,25 29:4,21 39:8 sneakers (1) 17:20 59:2 reported (1) 67:14 32:16,23 33:18 second (4) 12:5,5 snow (1) 16:4 struck (1) 39:2 Reporter (3) 4:8,11 36:6,9 29:13 76:8 son (3) 12:24 13:2 students (1) 12:17 82:7 roadway (8) 19:14 see (30) 10:12 12:24 76:21 stuff (5) 13:21 Reporting (2) 1:17 20:24 21:11 22:24 12:25 13:2 20:6 soon (1) 43:4 68:19 70:25 71:3 1:22 37:13 39:16 45:15 23:11 31:4 33:8 sophomores (1) 8:6 71:4 represent (1) 4:24 53:25 37:12,16,17,17 sorry (8) 12:25 su (1) 57:15 request (1) 11:12 Rockland (4) 1:2,17 42:4,16 44:20 15:18 28:2 35:11 submitted (3) 44:5 require (1) 74:22 1:22 70:7 47:20,21 48:7 44:17 48:19 69:25 47:10 50:7 requires (2) 72:14 room (3) 69:22 71:7 49:8 50:15 57:23 71:2 Suite (1) 2:8 77:3 71:18 60:12,18 61:18 sort (1) 32:16 summer (3) 12:19 Rockland and Orange Reporting - rowork courtreportingny.corn (845)

90 P a g e 7 69:10 78:7 testified (3) 4:7 32:9 54:1,21 55:1 56:1 56:22,24 34:15,16 77:22 sun (3) 18:17,20 53:5 57:1 58:1 59:1 tripped (9) 15:13 usual (1) 75:20 47:19 testify (1) 67:3 60:1 61:1 62:1 19:17 26:17 39:3 usually (3) 35:19 Sunday (1) 21:18 testifying (1) 45:12 63:1 64:1 65:1 51:7,13 54:8,17 49:19 77:2 sunny (1) 18:18 testimony (5) 3:8,11 66:1 67:1 68:1 56:8 SUPPLIED (1) 81:2 76:3 79:8 82:15 69:1 70:1 71:1 tripping (5) 56:23 V SUPREME (1) 1:1 Thank (2) 55:2 72:1 73:1 74:1 57:4,6,11,14 vacation (3) 8:25 sure (19) 6:10 9:6 78:17 75:1 76:1 77:1 trucks (1) 22:24 11:24,25 18:24,25 19:2,3 Thanksgiving (1) 78:1 79:16 true (2) 79:10 82:15 vacations (2) 12:11 31:14 46:7 56:13 76:15 time (25) 1:19 8:17 try (7) 14:13,22 12:18 56:16,18,18 58:2 therapist (3) 71:25 11:21 13:18,20 73:25 74:10,14 vague (1) 36:20 59:12 62:7 70:4 77:9 78:3 14:25 15:4 20:16 77:10,10 various (1) 50:6 75:5,25 76:2 therapists (1) 71:21 31:23,24 33:9 trying (4) 26:3 vehicle (4) 32:6,9 surgery (19) 8:14 therapy (14) 11:18 35:17 37:5 38:20 52:11 74:8 76:15 33:9 48:17 8:16 63:25 64:3 64:5 66:15 67:17 39:3,18 52:9 turkey (1) 76:16 verbal (1) 5:12 64:15,17,18,22,24 68:17,21 69:18 57:25 66:16 68:4 turn (1) 28:21 verbally (1) 5:9 65:5,12,15,21 71:11 74:25 77:7 74:9 75:4 78:4,19 Twenty-eight (1) Vincent (2) 2:16 66:3 69:23 70:9 77:15,22 78:5,11 79:9 5:24 4:24 70:13,14 71:10 thin (2) 19:25 24:7 times (8) 15:24 Twice (1) 77:19 visible (4) 52:25 sustained (1) 72:13 thing (7) 31:21 37:4 65:14,16,19 66:11 two (20) 7:22 8:13 53:5,6,8 sworn (4) 3:14 4:4 39:13 54:10 55:7 66:14 70:20 77:19 8:22 9:8 13:12 vision (1) 19:14 79:19 82:12 58:23 72:22 tired (1) 34:12 24:10 30:24 35:19 visit (2) 67:25 73:10 things (8) 17:13 title (1) 79:10 35:22 42:23 53:11 visited (1) 76:21 T 72:17 73:18 74:19 today (2) 5:3 27:9 58:5,6,11 73:23 visits (3) 65:17 T (4) 4:2 80:2 82:2 74:22 76:14,19 told (16) 23:3 27:7 74:7 75:10,14 67:17 71:10 82:2 77:9 27:17 28:4,6 76:4 78:8 take (18) 5:10 12:18 think (19) 9:6 14:20 30:17 40:21 41:9 two-months (1) W 28:12 29:6 35:9 27:18 36:20 47:18 41:14 42:25 43:5 73:20 wait (3) 5:17,18 38:5,11,14 40:12 49:5 54:4,18 56:7 56:2 57:7 62:12 type (3) 17:18 50:21 14:21 41:5,7 42:9,12 57:25 58:13 59:17 73:24 75:9 63:7 waived (1) 3:22 43:14,15 44:11 62:6 69:9 71:13 top (3) 45:17,23 typical (1) 35:6 waiver (2) 3:12,19 47:7 71:5 71:22 73:22 76:14 46:14 typically (4) 16:16 walk (34) 16:3,9,14 taken (5) 11:25 78:13 Tor (5) 28:14,23,24 18:16 33:25 34:21 16:15 17:15,15 44:15 60:4,25 thinking (1) 37:5 29:4,21 18:16,22 19:8,9 79:9 third (2) 12:6 29:15 traffic (3) 19:10,11 U 20:8,18 22:22 takes (2) 35:20,22 thirties (1) 73:8 29:20 uh-huh (5) 5:15 26:8,10 29:5 talk (1) 27:21 three (2) 45:7 77:19 transcript (6) 5:19 41:11 43:10 44:16 30:20 32:2 34:4 talked (1) 51:8 Thursday (1) 73:19 11:9,10 79:8,13 46:11 34:10,11,12,18,20 talking (2) 17:5 Tihin (82) 1:4,16 82:14 understand (9) 5:5 35:6,18,25 36:12 78:10 4:1,10 5:1 6:1 7:1 transparent (1) 5:7 15:7 17:12 52:3 53:18,19 tape (1) 33:6 8:1 9:1 10:1 11:1 47:23 26:5 42:22 52:11 58:17 59:4 61:5 Tarrytown (1) 2:18 12:1 13:1 14:1 traumatic (3) 25:25 54:2 78:9 walked (5) 30:25 team (1) 74:5 15:1 16:1 17:1 27:5 42:21 understood (1) 76:3 31:18 34:9 52:14 tell (20) 14:2 21:9 18:1 19:1 20:1 treat (1) 64:21 unfortunately (2) 53:2 22:25 23:8 24:18 21:1 22:1 23:1 treated (1) 60:23 52:21 76:12 walking (39) 15:23 25:16 26:7 30:11 24:1 25:1 26:1 treatment (5) 64:3 Uniform (1) 3:6 15:23,25 16:7,24 40:23 53:14,21 27:1 28:1 29:1 69:22 71:8,9 unlock (4) 14:2,4,6 17:19 23:2,12 55:11 60:13 66:2 30:1 31:1 32:1 74:24 15:10 24:8 29:19 32:5,8 66:7,21 68:3,16 33:1 34:1 35:1 trial (2) 1:15 3:13 uphill (1) 34:10 32:15,19,21 33:22 72:9,20 36:1 37:1 38:1 tried (4) 74:11,15 upwards (3) 14:18 33:25 34:5,11,14 ten (4) 17:6,7 25:19 39:1 40:1 41:1 74:15 76:23 14:19 17:6 34:18,21 36:3,9 30:10 42:1,25 43:1 44:1 trimester (1) 12:6 use (15) 8:25 9:5 36:14,15,15,16,17 tend (4) 34:10,11,12 45:1 46:1 47:1 trip (10) 19:20 14:4,10,10,14 36:18 37:13 49:9 34:24 48:1 49:1 50:1 33:14 54:6,13 15:5 16:16 17:19 49:10 50:16 52:4 term (2) 12:5 36:20 51:1 52:1,21 53:1 55:20,22 56:6,19 18:8,17 22:15 54:19 55:3,24 Rockland and Orange Reporting - rowork(kcourtreportingny.corn (S45)

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