FILED: QUEENS COUNTY CLERK 03/28/2022 02:87 B
`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`NYSCEF DOC. NO. 232
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`INDEX NO. 715352/2018
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`RECEIVED NYSCEF: 03/28/2022
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`
`EARPlL:
`EXHIBIT "T"
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`
`Page 1
`October 2I, 202.I
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`
`MARY CONATY,
`
`X
`
`Pl-aintiff,
`
`fndex No.
`715352/1,8
`
`-against-
`CITY OF NEW YORK, NEW YORK C]TY DEPARTMENT OF
`TRANSPORTATTON/ NOBLESTONE rNC., CONSOLTDATED
`EDTSON COMPANY OF NEW YORK rNC., 4L-06 BELL
`BLVD. BAKERY LLC, THERAMOTION PHYSICAL THERAPY,
`PLLC and APPLIED HEALTH CHIROPRACTIC, PC,
`Defendants.
`
`X
`
`Lexj-tas LegalView-VC
`
`October
`10:15 a
`
`21, 202L
`
`m
`
`EXAMINATION BEFORE TRIAL Of CONSOLIDATED
`EDISON COMPANY OF NEW YORK INC, the Defendant,
`by JEFFERSON WU, taken by all parties
`in the
`above-entitled action, held at the above time
`and p1ace, pursuant to Court Order, taken before
`Brianna Mancini, a shorthand reporter and Notary
`Publ-ic within and f or the State of New York.
`***********************************************
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 2
`October 2L, 202L
`
`APPEARANCES
`
`MALLTLO & GROSSMAN, ESQS,
`Attorneys for Pl-aintiff
`163-0 9 Northern Boul-evard
`Flushing, New York 11358
`
`BY:
`
`ANN JEN/ ESQ.
`
`LAW OFFICE OF DEBRA J. MILLMAN
`Attorneys for Defendant
`NOBLESTONE ]NC.
`303 East 57th Street
`New York, New York 10002
`
`BY:
`
`SARAH FALIK, ESQ.
`
`LAW OFFICE OF ALEXANDER AVILES
`for Defendant
`Attorneys
`CONSOLIDATED EDISON COMPANY OF NEW
`YORK ]NC.
`4 Irving Place
`New York, New York 10003
`
`BY: MCGARRY COSTELLO' ESQ.
`
`LAW OFFICE OF JOHN J. BELLO
`Attorneys for Defendant
`41-06 BELL BOULEVARD BAKERY,
`401 Frankl-in Avenue
`Garden City, New York 11530
`BY: ROBERT HORVAT, ESQ.
`
`LLC
`
`(Caption continued on the fol-lowing page)
`
`DEITZ Court Reporting... A Lexitas Company
`8 0 0- 61 8-0766
`
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`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
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`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 3
`October 2L, 202L
`
`LEWIS, JOHS, AVALLONE & AV]LES
`Altorneys for Defendant
`THERAMOTTON PHYS]CAL THERAPY, PC
`61" Broadway
`New York, New York 10006
`BY: CARL FORMTCOLA, ESQ.
`
`AHMUTY, DEMERS & MCMANUS
`Attorneys for Defendant
`APPLIED HEALTH CH]ROPRACTIC, PC
`200 IUWill-etsRoad
`Albertson, New York 11507
`BY: NICHOLAS CALABRIA/ ESQ.
`
`DEITZ Court F,eporting... A Lexitas Company
`800-678-0L66
`
`1 2
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`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
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`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 4
`October 2I, 202I
`
`S T I P U L A T I O N S:
`IT IS STIPULATED AND AGREED by and between the
`attorneys for the respective parties herein, and
`in compliance with Rule 227 of the Uniform Rufes
`f or the Trial- Courts:
`THAT the parties recognize the provision of Rule
`3115 subdivisions (b), (c) and/or (d) . A11
`objections made at a deposition shall be noted
`by the officer before whom the deposition is
`taken, and the answer shal1 be given and the
`deposition shal1 proceed subject to the
`objections and to the right of a person to apply
`for appropriate relief pursuant to Article 31 of
`the C. P. L. R. ;
`THAT every objection raised during a deposition
`shall be stated succinctly and framed so as not
`to suggest an answer to the deponent and, at the
`request of the questioning attorney, shall
`incl-ude a cfear statement as to any defect in
`form or other basis of error or irregularity.
`Except to the extent permitted by CPLR Rule 3115
`or by this rule, during the course of the
`examination persons in attendance shal-1 not make
`statements or comments that interfere with the
`questioning.
`THAT a deponent shall answer all- questions at a
`to preserve a privilege
`deposition, except (i)
`(ii)
`to enforce a
`or right of confidentiality'
`in an order of a court, or
`set forth
`limitation
`(iii) when the question is plainly
`improper and
`wou1d, if answered, cause significant prejudice
`to any person. An attorney shall not direct a
`deponent not to answer except as provided in
`CPLR Rule 3115 or this subdivis j-on. Any ref usal-
`to answer or direction not to answer shall be
`accompanied by a succinct and cl-ear s:atement on
`If
`the deponent does not
`the basis therefore.
`answer a question, the examining party shall
`to compfete the remainder of the
`have the right
`deposition.
`THAT an attorney shal-1 not interrupt
`the
`deposition for the purpose of communicating
`
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`25
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`DEITZ Court Reporting... A Lexitas Company
`800-678-0L66
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 5
`October 2I, 202L
`
`with the deponent unfess al-1 parties consent or
`the determining whether the question should not
`in Section
`be answered on the grounds set forth
`22I.2 of these rules, and, in such event, the
`reason for the communication shal-1 be stated for
`the record succinctly and clearfy.
`
`THAT the f ail-ure to ob j ect to any question or to
`move to strike any testimony at this examination
`shalf not be a bar or waiver to make such
`objection or motion at the time of the trial of
`this acti-on, and is hereby reserved; and
`
`THAT this examination may be sj-gned and sworn to
`by the witness examined herein before any Notary
`Public, but the fail-ure to do so or to return
`the original of the examination to the attorney
`on whose behalf the examination is taken, shali
`not be deemed a waiver of the rights provided by
`Rule 3116 and 31-11 of the C. P. L. R, and shall- be
`thereby; and
`controlled
`and filing of the
`THAT the certification
`original of this examination are hereby waived;
`and
`THAT the questioning attorney shal-1 provide
`counsel for the witness examined herein with a
`copy of this examination at no charge.
`
`1) 3
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`4
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`t1
`18
`I9
`20
`2I
`22
`23
`24
`25
`
`DEITZ Court Reporting... A LexiLas Company
`800-678-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 6
`October 2I, 2021,
`
`STIPULATIONS
`IT IS HEREBY STfPULATED AND AGREED by and
`between counsel for all parties present that
`pursuant to CPLR section 3113(d) this deposition
`is to be conducted by video conference, that the
`court reporter, all counsel, and the witness are
`in separate remote locations and
`all
`participating
`via videoconference
`(LegalView /Zoom) meeting under the control- of
`Lexitas Court Reporti-ng Service, that the
`the oath to the witness
`officer administrating
`need not be in the place of the deposition and
`the witness shall be sworn in remotely by the
`court reporter after confirming the witness's
`that this videoconference will- not be
`identity,
`recorded in any manner and that and recording
`without the express written consent of al-1
`parti-es shalf be considered unauthori zed, in
`violation of law, and shall- not be used for any
`or otherwise.
`litigation
`purpose in this
`
`IT fS FURTHER STIPULATED that exhibits may
`be marked by the attorney presenting the exhibit
`to the wJ-tness, and that a copy of any exhibit
`
`1 ) 3 4 5 h 7 B 9
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`1B
`
`T9
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`20
`2I
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`22
`
`23
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`24
`
`25
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 7
`October 21, 202I
`
`to
`
`presented to a witness shall be emaifed to or
`otherwise in possession of all counsel prior
`any questioning of a witness regarding the
`in question. Al-f parties shal-l- bear
`exhibit
`their own costs in the conduct of this
`deposition by videoconference, not withstanding
`the obligation by CPLR to supply a copy of the
`to the deposed party by the taking
`transcript
`party in civil
`litigation matters.
`
`1 2 3 4 5 6 7 I 9
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`10
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`11
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`13
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`I6
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`T1
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`18
`
`79
`
`20
`2I
`
`22
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`23
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`24
`
`25
`
`DEITZ, Court Reportinq... A Lexitas Contpany
`800-678-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 8
`October 2I, 202I
`
`J E F F E R S O N W l), the witness herein,
`having been first duly sworn before a Notary
`Publ-ic of the State of New Yorkr wds examined
`and testif ied as f oll-ows:
`EXAM]NATION BY
`MS. JEN:
`
`P1ease state your name for the record.
`Jefferson Wu.
`What is your address?
`4 Irving Place, New York, New York
`
`.
`
`O.
`
`A.
`
`O.
`
`A.
`
`10003.
`
`MS. FALIK: I want to Put a statement
`on the record regarding an off-the-record
`conference that we had prior
`to the
`beginning of this deposition of Mr. Wu on
`behalf of Con Edison.
`My of f j-ce, and I represent Nobl-estone,
`had served a demand for Discovery and
`Inspection on Con Edison in October of
`
`201"9 .
`Tn response to that demand, Con Edison
`served our office with a response. We had
`made a demand for maps and plates and Con
`Edison put a statement in writing
`
`DETTZ Court Reporting. . . A Lexj-tas Cornpany
`800-618-01"66
`
`1 2 3 4 5 6 7 I 9
`
`10
`
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`
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`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 9
`October 2I, 202i
`
`J. WU
`that it's not public
`indicating
`information and contained privileged
`information which had to be kept
`confidentiaf.
`response that
`They indicated in their
`copies of this would be made available
`based upon receipt of a signed
`agreement. Our office
`confidentiality
`signed and served such confidentiality
`agreement on Con Edison and we did receive
`a fetter and Con Edison's gap and plate
`map. We received it on January 2J , 2020.
`My understanding is that none of the
`for whatever reason' either
`other parties
`they weren't in the case yet or it was in
`the early days of the pandemic, did not
`sign the confidentiality
`agreement.
`ft's also my understanding based on a
`statement from counsef from Con Edison
`that the witness produced today would not
`be able to testify as to the map.
`Therefore, since the other Parties
`have not signed the confidentiality
`agr-eernent, I have been precl-uded f rom
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0166
`
`1 2 3 4 5 6 '
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`7
`
`B 9
`
`10
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`

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`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
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`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 10
`October 2I, 202I
`
`J. WIJ
`sharing this exhibit and questioning the
`today, but I am reserving
`witness about it
`to recafl a witness from Con
`my right
`Edison to testify about that particul-ar
`map.
`
`REQUEST NOTED
`ft' s
`MR. COSTELLO: That' s correct.
`my understanding that not afl parties have
`signed the confidentiality
`agreement so
`that the map cannot be
`it's our position
`used.
`As to the is,sue of a further
`deposition of somebody, we can take that
`up at a later date, but at this Point
`l-et' s j ust depose Mr. Wu and see where we
`go from there.
`O Good morning, Mr. Wu. MY name is Ann
`I'm f rom the of f ice of MalIil-o &
`Jen.
`Grossman. I represent the interest of the
`plaintiff, Mary Conaty, for an accident which
`occurred on April 27, 2078.
`f'm going to ask You some questions
`If you donrt
`to the accident.
`relating
`understand any of my questions, let me know and
`
`1 2 3 4 t
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`r 6 1 B 9
`
`1_0
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`79
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`20
`2I
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`22
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`23
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`24
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`25
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0766
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 11
`October 2I, 2021"
`
`J. WU
`If you answer and
`for you.
`I'11- rephrase it
`you don't say you don't understand, I'm going
`to assume that you understood the question; is
`that cl-ear ?
`A
`Yes.
`Keep all of your answers verbal for
`O
`She can't take down if
`the court reporter.
`we're nodding our head r or gesturing,
`things
`that. Do you understand?
`like
`A
`Yes.
`Einafly, also for the sake of the
`O
`court reporter again, if you are anticipating
`I
`what my question is going to be, wait until
`finish asking it before you respond because she
`can't take down everyone speaking over each
`other.
`
`Are all- of these instructions clear to
`
`you ?
`
`A
`Yes.
`Have you ever testified before today?
`O
`A
`Yes.
`O Approximately how many times?
`A
`Around 60.
`A Of the 50 occasions that You've
`
`1 2 3 4 5 6 7 I 9
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`10
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`11
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`15
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`22
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`23
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`DEITZ Court Reporting... A Lexitas Company
`800-678-01,66
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 1,2
`October 2I, 2021
`
`J. WU
`t.estified, was that on behalf of Con Edison?
`A
`Yes.
`O Of those prior occasions that you have
`did any of those testimonj-es relate
`testified,
`to the l-ocation at or near 4I-0 6 Be11 Boulevard
`to your knowl-edge ?
`Not to my knowl-edge.
`A
`MS. JEN: We were given a business
`to accept
`address'. Woul-d you stipulate
`service on behal-f of this witness at the
`time of trial- and provide his l-ast known
`address should he no ionger be employed
`with Con Edison?
`MR. COSTELLO: Yes.
`MS. JEN: Thank you.
`MR. COSTELLO: Thank You.
`O What is your highest level of
`education?
`Bachefor's degree.
`A
`Is that a bachelor's of science, arl,
`O
`something else
`Bachel-or's of arts.
`A
`Do you have any sPecial
`O
`certif icat j-ons, f icenses ' anything rel-ated to
`
`DEITZ Courl Reporting... A Lexitas Company
`800-618-01"66
`
`I 2 3 4 5 6 7 I 9
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`10
`
`11
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`15
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`to
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`1,7
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`1"9
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`20
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`21"
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`22
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`23
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`24
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`25
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`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
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`
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`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 13
`October 21, 2021,
`
`J. WU
`
`you currently employed?
`
`your vocation?
`A
`No.
`Are
`Yes.
`
`a A O
`
`do you work for?
`Who
`Con Edison.
`How long have you worked at Con
`
`A
`O
`Edison?
`Five and a hal-f years.
`A
`a Was this a continuous five and a hal-f
`years of was there a period when you left and
`returned
`A
`Continuous.
`O What is your current job title
`A
`Specialist.
`O Are you a specialist within a
`just a specialist
`particul-ar department or it's
`for all- of Con Edison?
`I am a specialist
`A
`department.
`How long have you held that position?
`A
`About a year and a ha1f.
`A
`O What was the position you held before
`that ?
`
`there?
`
`in the l-aw
`
`1 2 3 4 q 6 1 I 9
`
`10
`
`11
`
`T2
`
`13
`
`T4
`
`15
`
`76
`
`17
`
`18
`
`1.9
`
`20
`
`21,
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
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`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
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`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Fage L4
`October 2I, 202L
`
`J. WU
`Technicaf as soci-ate .
`A
`For how long?
`O
`About four years.
`A
`O Did you hold any other positions olher
`than what you testified
`to?
`A
`No.
`O When you were a technical- associate
`for about four years, did you have the same
`for that entire
`duties and responsibilities
`period?
`Can you rephrase the question?
`A
`Did your duties and responsibilities
`0
`ever change over the four years that you were a
`technical associate?
`No. They did not.
`A
`O What were your general duties and
`responsibil-ities when you were a technical
`as sociate ?
`They were mostly office
`A
`filing and helplng them carry
`administration,
`suppl-ies f rom downstairs to upstairs.
`O Did you work out of a specific office
`location?
`A
`
`YeS.
`
`1 2 3 4 5 6 7 I 9
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`10
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`11
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`T2
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`14
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`T6
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`18
`
`1"9
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`20
`2I
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`22
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`ZJ
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`24
`
`25
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0766
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
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`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 15
`October 21-, 2021
`
`a
`
`J. WU
`O Where what that?
`It was at East 16th Street.
`A
`O What other Con Ed employees were at
`that l-ocation, j ust generally?
`MR. COSTELLO: Objection. A11 of the
`It's
`employees at East 16th Street?
`large facility.
`MS. JEN: I'm just asking generallY.
`O Are they afl administrative,
`something
`efse? Generally what kind of employees from
`Con Ed were at that location back when you were
`a technlcal associate?
`There were also management employees.
`A
`And when you become a specialist,
`have
`O
`your duties also reminded the same for the
`entire one and a half years you were serving in
`that capacity?
`A
`Yes.
`O What are your duties and
`as a specialist?
`responsibillties
`I am a record searcher.
`A
`Do you currently still
`O
`location?
`same office
`Technically speaking I haven't been to
`A
`
`report to the
`
`1 2 3 4 q 6 1 8 9
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`10
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`L2
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`L7
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`18
`I9
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`20
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`21
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`22
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`23
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`24
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`25
`
`DEITZ Court Reporting... A Lexita.s Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
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`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 1"6
`October 2I, 202I
`
`J. WU
`the office sj-nce the start of this posi-tion
`as j-de f rom one time to pick up my laptop.
`That's about it.
`Let me revise my question.
`O
`Had there not been any COVID' would
`your general of f ice be the same where you woul-d
`report to?
`It's not the same. in regard to mY
`A
`previous j ob titl-e
`f or f our years.
`But frm asking would you have still
`O
`location?
`been reporting to the same office
`MR. LjOSTELLO : Are you as king was it
`East 16th Street or 4 Irving Place? He
`gave the address before.
`MS. JEN: That' s right.
`For the days that you would 90 back to
`0
`the of f j-ce, woul-d that be at 4 Irving Pl-ace in
`Manhattan?
`A
`Yes.
`In preparation for today's testimony,
`O
`did you revj-ew any records or documents?
`A
`Yes.
`0 What did you review in preparation?
`Con Ed search resul-ts.
`A
`
`1 2 3 4 5 6 1 I 9
`
`10
`
`11
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`1,2
`
`13
`
`1"4
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`15
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`18
`
`1.9
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Reporting... A Lexitas Company
`800-678-01"66
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 77
`October 2!, 202I
`
`J. WU
`Approximately how many pages is that?
`a
`A
`Two pages.
`O Did you revj-ew anything el-se other
`than those?
`I did not.
`A
`No.
`MS. JEN: Counsel, f didnrt get a coPY
`Is there any way that that can
`of that.
`be sent to the court reporter and we can
`have it marked?
`MR. COS ]'ELLO: Yes .
`
`I can send it
`
`now.
`
`recess was taken.)
`(Whereupon, a brief
`MS. JEN: We'f I mark it as Pl-aintif f 's
`Exhibit 1.
`(Whereupon, two-page document was
`marked as Pl-aintif f 's Exhibit 1-, f or
`as of this date).
`identification,
`We have what's been marked as
`a
`Exhibit 1 today for identification.
`Plaintiff's
`It's a two-page document.
`Is this the search result
`were just referring
`to earlier?
`A
`Yes.
`This search, did you corrduct this
`O
`
`that You
`
`DEITZ Cou::t Reporting. . . A Lexitas Company
`800-678-0166
`
`1 2 3 4 t
`
`r
`
`J 6 7 I 9
`
`10
`
`11
`
`T2
`
`13
`
`1"4
`
`15
`
`L6
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`t1
`
`18
`
`1"9
`
`20
`
`21"
`
`22
`
`23
`
`24
`
`25
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 18
`October 21, 2021"
`
`J, WU
`
`1 2 3 4 5 6 7 8 9
`
`10
`7I
`
`72
`
`13
`
`74
`
`15
`
`76
`
`I7
`
`18
`
`79
`
`20
`2I
`
`22
`
`23
`
`24
`
`25
`
`search?
`A
`No.
`O Were you present to observe
`search was being performed?
`A
`No.
`Looking
`O
`the search?
`If you
`A
`look on Page 2 of
`at the bottom right-hand corner/
`is Yesenia
`Campoverde.
`name
`also a record searcher like
`Is she
`
`when the
`
`at this sheet, who performed
`
`the document
`the searcher's
`
`0
`yourself?
`
`employed with
`
`I believe she was a record searcher
`A
`I'm not sure about anymore.
`Is she currently still
`O
`Con Edison to your knowledge?
`f 'm not sure.
`A
`To your knowledge, looking again at
`O
`this search resul-t sheet, record, how was the
`search performed?
`We normally go to check the location,
`A
`as wel-l as the search dates. Tn this case it
`the sidewalk j-n f ront of 41-06 BeIl
`says it's
`Boulevard and it has additional- detail-s saying
`
`DEITZ Court Reporting... A l,exitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 19
`October 2I, 202L
`
`J. WU
`between 41st Avenue and 4l-st Road in Queens.
`The dates f or the documents we woul-d look for
`is between ApriI 27, 2016 to April 21, 2078.
`indicates an
`For the l-ocation where it
`O
`address as well as cross streets, have you
`personally performed a search yoursel-f as well-?
`Just in general. , have you ever performed a
`s earch ?
`A
`Yes.
`Approximately how many times have you
`0
`performed searches in the past?
`I have already l-ost count.
`A
`In the triple digits, doubl-e di gits ?
`O
`lt's got to be near triPle at this
`A
`point , if not over.
`O Generally when you perform a search,
`that is done in a computer software system; 1s
`that correct?
`A
`Yes.
`O What sort of software is used?
`A Wel-lr we use a variety of systems / not
`just one. We look through Doc Search. We look
`through Summons Search. We look through Smart
`App. We look through Emergency Control System.
`
`1 2 3 4 5 h 7 B 9
`
`10
`
`1T
`
`T2
`
`13
`
`I4
`
`15
`
`T6
`
`T1
`
`1B
`I9
`
`20
`2t
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Repcrting... A Lexitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 20
`October 21., 202L
`
`J. WU
`O Generally what sort of records are
`maintained in the Doc Search system?
`A We find DOT permits, opening tickets,
`and paving orders.
`The Summons Search, does that contain
`O
`copies of summonses or something else?
`In Summons Search we have Noti-ces of
`A
`Violations and Corrective Actions Requests.
`These are Notices of Violations and
`O
`Correction Action Requests that are received by
`the New York City Department of Transportation?
`They are received by Con Ed.
`A
`I misphrased my question.
`O
`Are those received from the New York
`City Department Of Transportation?
`A
`Yes.
`A Generally what, records are in the
`Smart App search?
`They would contain opening tickets,
`A
`most likeIy after 2016, and paving orders.
`Is that afso after 2076?
`O
`That 1s correct.
`A
`O What is in the Emergency Controf
`System?
`
`1 2 3 4 5 6 1 I 9
`
`10
`
`11
`
`I2
`
`13
`
`1"4
`
`15
`
`1"6
`
`1"7
`
`1B
`
`I9
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Reporting... A Lexitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
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`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
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`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 21
`october 27, 202L
`
`J. WU
`They have what we call EmergencY
`A
`Control- System tickets.
`O Generally what are those?
`An Emergency Contro j- System ticket '
`A
`it goes by many
`also known as an ECS ticket;
`it's a Con Ed document
`names, but basically
`that is generated or created when someone from
`the general public, a Con Ed employee' a City
`in an
`employee, a customer reports or calls
`outage, a complaint, or other miscell-aneous
`issues.
`O What is the purpose of the ECS iicket?
`just something
`To my knowledge, it's
`A
`to record or keep down whenever someone cal-l-s
`in an issue or a misceflaneous issue.
`O When a search is performed with
`respect to the location, do you generally enter
`the address; do you enter a roadway with a
`cross street? Generally how many different
`ways can you perform the search with respect to
`the focation?
`A Wel-l-, f or me it dif f ers depending on a
`if
`that makes
`street versus an intersection
`sense.
`
`1 2 3 4 6 6 1 B 9
`
`10
`
`11
`
`L2
`
`13
`
`1"4
`
`15
`
`16
`
`L7
`
`18
`
`19
`
`20
`
`2L
`
`22
`
`23
`
`L1
`
`25
`
`DEIIZ Court Reporting... A Lexitas Company
`800-678-0156
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
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`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 22
`October 2I, 2027
`
`J. WU
`this appears to
`So in this situation,
`O
`be a sidewalk l-ocation that is somewhere
`In that
`between two intersecling streets.
`situation, how woul-d that search be performed
`generally?
`In this particular case, fooking at
`A
`I would start with the on street of Bell-
`Boulevard and then search for 41st Avenue and
`41st Road.
`Then since we have the house address
`of 4I-06, we would look about 50 feet to the
`right and to the left of that particul-ar house
`if you are facing the house.
`O When you do this search, to clarifY
`for the record, the search would start on Be11
`Boulevard on 41st Avenue and then go to 41st
`Roadt is that what you said?
`Yes. We woul-d look f or 4l-st Avenue
`A
`and 41st Road.
`The address 41-06 Bell- Boul-evard, is
`O
`entered in performing the
`that specifically
`location search or is that something you would
`l-ook for after you have entered Be11 Boul-evard,
`41st Aveiiue,. and 41st Road?
`
`t 2 3 4 5 6 1 8 9
`
`10
`
`11
`
`1"2
`
`13
`
`T4
`
`15
`
`16
`
`1"7
`
`1B
`I9
`
`20
`
`21,
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Reportinq. . . A Lexitas Company
`800-618-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 23
`October 2I, 202i
`
`J. WU
`The house address we normally don't
`A
`enter. We keep that in mind as we do the
`search through the documents.
`Is there any indication after
`they
`O
`have entered the Bel-1 Bouf evard , 4IsL Avenue,
`in the system where that
`and 41st Road location
`address woul-d be located, 41"-06; meanitg, wouJ-d
`that show up anywhere in the system, 41-06 Bell
`they enter that information?
`Boulevard after
`ffm not sure what you are asking.
`A
`Let me try to clarify.
`O
`You said to io the search theY would
`f irst enter Bel-1 Boulevard , 41,sL Avenue, and
`41st Road r correct?
`A
`Yes.
`O After that information is entered,
`what do you actually see on the screen? Is it
`just a list of addresses, or
`a map; is it
`something el- se ?
`MR. COSTELLO: Obj ection. What the
`is after any record searcher inputs
`result
`Is that what
`the address and locati-on?
`you are asking?
`MS. JEN: Not the address and
`
`1 2 3 4 5 6 1 B 9
`
`l-0
`
`11
`
`T2
`
`1-3
`
`T4
`
`15
`
`1"6
`
`I7
`
`1B
`
`L9
`
`20
`
`21"
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Repqrtinq... A Lexi*-as Company
`800-678-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
`
`
`INDEX NO. 715352/2018INDEX NO. 715352/2018
`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 24
`October 2!, 2021,
`
`J. WU
`
`that
`
`l-ocat i on .
`j-t's Be11 Boul-evard
`For example, if
`O
`between 41st Avenue and 41st Road, You sai-d
`that's what is entered. What would be the
`see after
`thing you woul-d initially
`first
`is entered?
`MR. COSTELLO: Obj ection. You can
`answer.
`So j-t's usually a f ist of al-l- of the
`A
`documents that pertain to that location.
`O When you say "a list of al-l- of the
`documents, " that would be all- of the d'::cuments
`from the Doc Search, Summons Search, Smart App'
`Emergency Control System? Is that what you are
`referring
`to?
`No, because each
`A
`this?
`
`how do I exPfain
`
`Doc Search woul-d have a l-ist of the
`from Doc Search. Summons Search would
`stuff
`found i-n Summons
`from the stuff
`have a list
`Search. Smart App would have its own l-ist and
`the Emergency Control System would have its own
`list as well-.
`So each search has to be done
`O
`
`DEITZ Court Repc-.,rti-nq. . . A Lexitas Company
`800-618-0166
`
`1 2 3 4 5 6 7 I 9
`
`10
`
`11
`
`L2
`
`13
`
`1"4
`
`15
`
`1"6
`
`1"7
`
`1B
`
`1"9
`
`20
`2I
`
`22
`
`23
`
`24
`
`25
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
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`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 25
`October 2I, 2.02I
`
`J. WU
`separately, correct?
`A Within each database, Yes.
`You woul-d have to enter the l-ocation
`O
`separately in each database; is that correct?
`The way it works for Doc Search,
`A
`Summons Search, and Smart App is Yes, you woufd
`have to put in the on street and the two cross
`there are two, but for the ECS
`if
`streets,
`system or Emergency Control System you only
`need to put in the on street.
`So j ust Bell- Boul-evard f or the
`O
`Emergency Control- System?
`In this case, Yes .
`A
`Boul-evard.
`The other databases you would have to
`O
`put Be11 Boulevard, Alsl Avenue, and 41st Road;
`is that correct?
`It does have zones for that or an
`A
`in or
`for that. Whether you put it
`entry slot
`It depends
`not, you don't have to necessarily.
`on how you want to conduct the search.
`in the on street
`0 Other than putting
`and the intersect j-ng streets, would you be abl-e
`based on the
`to perform the search strictly
`
`It would be Bel-l
`
`1 2 3 4 t
`
`rJ
`
`5 1 I 9
`
`10
`
`t1
`
`L2
`
`13
`
`I4
`
`15
`I6
`I1
`
`18
`I9
`
`20
`
`2L
`
`22
`
`23
`
`24
`
`25
`
`DEI'IZ Court Reporting. . . A Lexj-tas Compa.ny
`800-67 E-0166
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/2022 09:51 AMFILED: QUEENS COUNTY CLERK 02/23/2023 02:37 PM
`
`NYSCEF DOC. NO. 220NYSCEF DOC. NO. 252
`
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`
`
`RECEIVED NYSCEF: 05/20/2022RECEIVED NYSCEF: 02/23/2023
`Page 26
`Octolcer.21, 202L
`
`J. WU
`address as well-, rf you were to enter, for
`example here, 4!-06 Bel-1 Boul-evard?
`I'm not sure about that since that is
`A
`not how I normally conduct my searches.
`fn general, to your knowfedge, how you
`O
`conduct the searches, is that the protocof
`followed by afl- of the record searchers?
`A
`I bel-ieve so.
`It's your testimony that you generally
`O
`don't do a search based on the location of a
`specific address; is that correct?
`Yes. As far as T know, I have never
`A
`done a search just pertaining
`to a specific
`house number. I use the house number as a
`f ocal point, but I search the whol-e street.
`In looking at Pl-aintif f 's Exhibit L,
`O
`to say that the
`in this case, would it be fair
`search was performed using the on street of
`Belf Boulevard with the intersecting streets of
`41st Avenue and 41st Road; is that correct?
`A
`Yes.
`from this search result
`Can you telt
`O
`sheet whether in addition to that a specific
`search was done for the address of 4I-05 Bell
`
`1 2 3 4 5 6 7 B 9
`
`10
`
`11
`
`12
`
`13
`
`I4
`
`15
`
`T6
`
`T1
`
`1B
`
`T9
`
`ZU
`
`27
`
`22
`
`23
`
`24
`
`25
`
`DEITZ Court Reporting... A Lexitas Companir
`800-678-01,66
`
`

`

`
`FILED: QUEENS COUNTY CLERK 05/20/20