Deposition Transcript of Gary H. Tabat in Romero v. Yun and Tabat, Queens Co. Index No. 00078-2015

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1
ORIGINAL
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
3 - - - - - - - - - - - -x
LEYDI A. ROMERO,
4
Plaintiff,
5
-against-
6
LISA HYUNSHIM YUN and GARY H. TABAT,
7
Defendants.
8
9 Index No.: 78/15
- - - - - - - - - - - -x
10
89-00 Sutphin Boulevard
11 Jamaica, New York
12 July 11, 2016
12:01 p.m.
13
14
15
16 EXAMINATION BEFORE TRIAL of GARY
17' H. TABAT, one of the Defendants in the
18 above-entitled action, held at the above
19 time and place, taken before Maryann Laub,
20 a Notary Public of the State of New York,
21 pursuant to Court Order and stipulations
22 between Counsel.
23
24 * * *
25
Veritext Legal Solutions

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2 APPEARANCES:
3
4 WEITZ PASCALE, ESQS.
Attorneys for Plaintiff
5 221 Mineola Boulevard
Mineola, New York 11501
6
BY: BRIAN C. PASCALE, ESQ.
7
8
9 MENDOLIA & STENZ, ESQS.
Attorneys for Defendant
10 Lisa Hyunshim Yun
875 Merrick Avenue
11 Westbury, New York 11590
12 BY: DIMPLE KUMAR, ESQ.
13
14
DeSENA & SWEENEY, ESQS.
15 Attorneys for Defendant
Gary H. Tabat
16 1500 Lakeland Avenue
Bohemia, New York 11716
17
BY: GREGORY MAURER, ESQ.
18
19
ALSO PRESENT:
20 Lisa Hyunshim Yun
21
22
23 * * *
24
'-~: 25

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2 STIPULATIONS
3 IT IS HEREBY STIPULATED, by and between the
4 attorneys for the respective parties hereto, that:
5 All rights provided by the C.P.L.R., and Part 221
6 of the Uniform Rules for the Conduct of Depositions,
7 including the right to object to any question, except as
8 to form, or to move to strike any testimony at this
9 examination is reserved; and in addition, the failure to
10 object to any question or to move to strike any
11 testimony at this examination shall not be a bar or
12 waiver to make such motion at, and is reserved to, the
13 trial of this action.
14 This deposition may be sworn to by the witness
15 being examined before a Notary Public other than the
16 Notary Public before whom this examination was begun,
17 but the failure to do so or to return the original of
18 this deposition to counsel, shall not be deemed a waiver
19 of the rights provided by Rule 3116, C.P.L.R., and shall
20 be controlled thereby.
21 The filing of the original of this deposition is
22 waived.
23 IT IS FURTHER STIPULATED, a copy of this
24 examination shall be furnished to the attorney for the
25 witness being examined without charge.

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2 GAR Y H. TAB A T, the
3 witness herein, having f i r s t been duly
4 sworn by the Notary Public, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. PASCALE:
8 Q. State your name for the record,
9 please.
10 A. Gary H. Tabat.
11 Q. Where do you presently reside?
12 A. 165 Windwatch Drive, Hauppauge,
13 New York 11788.
14 MR. PASCALE: Good afternoon,
15 Mr. Tabat. My name is Brian Pascale.
16 I'm going to ask you a series of

17 questions. As I am sure you already
18 know, all your answers must be verbal.
19 THE WITNESS: Yes.
20 Q. Have you ever been convicted of
21 a crime?
22 A. No.
23 Q. Have you plead guilty to a
24 crime?
25 A. No.

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1 G. H. Tabat
2 Q. Did you discuss your testimony
3 with anybody, aside from your attorneys
4 today?
5 A. No.
6 Q. Did you review any documents in

7 preparation for your testimony today?
8 A. No.
9 Q. Were you involved in a motor

10 vehicle accident on September 8, 2014?
11 A. Yes.
12 Q. What day of the week was that?
13 A. I believe i t was a Monday. But
14 I am not sure.
15 Q. Do you recall what time of day.
16, the accident was?
17 A. Somewhere between 9:30 and
18 10:00.
19 Q. Where did the collision occur?
20 A. On the Long Island Expressway
21 going in a westbound direction.
22 Q. Was i t near a particular exit?
23 A. I don't remember the exit i t was
24 near, but I -- listening to previous
/~ 25 testimony, 49 would be about right. The
i

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1 G. H. Tabat
2 Q. You had not reached work that
3 day?
4 A. No, I had not reached work yet.
5 Q. Had you driven on this part of
6 the LIE prior to September 8, 2014?
7 A. Yes.
8 Q. How often would you drive that
9 route?
10 A. I would say at least two to
11 three times a week.
12 Q. Do you have any other offices
13 besides Garden City?
14 A. Yes.
15 Q. Where are your other offices?
16 A. Hauppauge.
17 Q. Approximately two to three days
18 week you are in that office as well?
19 A. That's correct. I'm what is
20 called a floater.
21 MR. MAURER: He didn't ask you
22 that.
23 THE WITNESS: I know.
24 Q. Was this rush hour at the time
25 of the accident?

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1 G. H. Tabat
2 A. No.
3 Q. Can you describe this area of
4 the LIE where the accident occurred?
5 A. It's three lanes and an HOV

6 lane.
7 Q. Any shoulder?
8 A. It's the same type of shoulder

9 that's on the rest of the LIE. I don't
10 know if there is a shoulder in the HOV
11 I lane, off the HOV lane, but I do know there
12 is a shoulder on the right.
13 Q. What lane were you in when the

14 accident occurred?
15 A. I was in the left lane. Not the
16 HOV, but the left.

17 Q. Where were you coming from
18 immediately before the accident?
19 A. Either my home or my Hauppauge

20 office. I am not sure which.
21 Q. What time did you leave,
22 approximately?
23 A. Fifteen to twenty minutes before
24 the accident.
25 Q. What exit did you pick up the

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1 G. H. Tabat
2 LIE on?
3 A. Either Exit 57 or Exit 53.

4 Q. How long would you say you were
5 on the LIE prior to this collision
6 occurring?
7 A. About 15 minutes, 20. At least
8 15.
9 Q. When you first entered the LIE,
10 did you go to the right lane, did you go
11 into the middle lane, did you immediately
12 go into the left lane?

13 A. I don't recall.
14 Q. How long would you say you were
15 in the left lane prior to the accident?
16 A. I would say ten minutes. Five

17 to ten minutes.
18 Q. What were traffic conditions

19 like that day?
20 A. Traffic conditions at the time I
21 got onto the LIE and moved forward were
22 good. It was moderate. I would say
23 moderate. congestion, but everything was

24 moving.
25 Q. Prior to the accident, what

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1 G. H. Tabat
2 would you say your highest rate of speed
3 was on the LIE?
4 A. Fifty-five to sixty.
5 MR. MAURER: Off the record.
6 (Whereupon, a discussion was
7 held off the record.)
8 Q. Prior to this accident, did you

9 see Ms. Romero's vehic1e?
10 A. I believe I did.
11 Q. When did you see Ms. Romero's
12 vehicle for the f i r s t time prior to this
13 collision?
14 A. Maybe two or three minutes
15 before. I t ' s hard to say.
16 Q. Were you in the left lane at

17 that time?
18 A. Yes. I was in the left lane.
19 Q. Where was Ms. Romero's vehicle
20 when you f i r s t saw it?
21 A. She was in front of me in the
22 left lane.
23 Q. At some point, did another
24 vehicle get in front of your vehicle?
25 A. Between the two of us?

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1 G. H. Tabat
2 MR. PASCALE: Strike that

3 question.
4 Q. At some point prior to the
5 collision, did another vehicle get between
6 your vehicle and Ms. Romero's?

7 A. No.
8 Q. When you first saw Ms. Romero's
9 vehicle, was there another vehicle ahead of
10 yours in between those vehicles?
11 A. I don't understand the question.
12 Q. When you first saw Ms. Romero's
.~~
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13 vehicle, was there any other vehicle
14 between your vehic'le and Ms. Romero's?
15 A. Not that I recall. The first

16 time I recall seeing her vehicle she was in
17 front of me, but I don't remember exactly
18 how long that was.

19 Q. Aside from Ms. Romero's vehicle,
20 was there another vehicle involved in a
21 collision that you were in on September 8,
22 2014?
23 A. Yes, there was.

24 Q. Who owned that vehicle, to your
25 knowledge?

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1 G. H. Tabat
2 A. I would imagine i t ' s the
3 plaintiff. I don't know.
4 Q. How many vehicles were involved
5 in this collision?
6 A. I think three of us.
7 Q. Was there an Altima involved in
8 this collision?
9 A. I didn't I didn't observe the
10 make of the cars in the collision.
11 Q. Was there a person named Lisa
12 Hyunshim Yun that was involved in this
13 collision with you?
14 A. Yes.
15 Q. Where was Ms. Yun's vehicle
16 prior to this collision?
17 A. It was in front of my vehicle.
18 Q. Was i t behind Ms. Romero's

19 vehicle?
20 A. I believe so.
21 Q. At any point prior to this
22 accident, did Ms. Yun's vehicle change
23 lanes?
24 A. No.
25 Q. At any time prior to the

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1 G. H. Tabat
2 accident, after you first saw i t , did
3 Ms. Romero's vehicle change lanes?
4 A. No.
5 Q. After you first saw Ms. Romero's
6 vehicle, at any point, did your vehicle
7 change lanes?
8 A. No .
9 Q. Where was Ms. Yun's vehicle when

10 you first saw it?
11 A. When I first saw i t , i t was in
~2 front of me moving forward.
13 Q. It was always in front of you
14 from the time you first saw i t up until the
15 time of the accident?
16 A. I believe from the first time I
17 saw i t to the time of the accident, yes, it
18 was in front of me.
19 Q. How long were you traveling
20 behind Ms. Yun's vehicle prior to this
21 collision?
23 Q. How long was i t from the time

24, you first saw Ms. Romero's vehicle until
25 the time of this collision?

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1 G. H. Tabat
2 A. Seconds.
3 Q. How many seconds, approximately?
4 A. It's impossible for me to tell
5 how many seconds i t was. I can't even
6 begin to guess.
7 Q. Could i t have been a minute?
A.
9 Q. Less than a minute or more than
10 a minute?
11 A. It was less than a minute.
12 Q. Less than 45 seconds?
13 A. Yes.
14 Q. Was i t less than 30 seconds?
15 A. Yes.
16 Q. Was i t less than 20 seconds?

17 A. Probably yes.
18 Q. Was i t longer than ten seconds?
19 A. It was somewhere between, I
20 would say I would have to say i t was
21 probably around 10 to 20 seconds, somewhere
22 in that neighborhood, to the best of my
23 recollection. Because i t was okay.
24 I ' l l leave i t at that.
25 Q. At some point, there was a

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1 G. H. Tabat
2 collision, correct?
\
3 A. Correct.
4 Q. Describe the collision.
5 A. The front of my car collided

6 with the back of Ms. Yun's vehicle.
7 Q. Did anything else happen after
8 your vehicle collided with Ms. Yun's

9 vehicle?
10 A. Not that I observed.
11 Q. Did you observe Ms. Yun's
12 vehicle strike Ms. Romero's vehicle
13 following the impact with your vehicle?
14 I A. No.
15 Q. I'm going to hand you what has
16 been marked as Defendants' Exhibits A, B, C
17 and D.
18 Do you recognize what is

19 depicted in Defendants' Exhibits A, B, C
20 and D?
21 A. Do I recognize it? No.
22 Q. Do you recognize if that is

23 Ms. Romero's vehicle that was involved in
24 this collision?
25 A. No.

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1 G. H. Tabat
3 been marked as Plaintiff's Exhibit 8.
4 Please tell me when you are ready.
5 A. I'm ready.
6 Q. Do you recognize what
7 Plaintiff's Exhibit 8 is?

8 A. At this point, no, I don't.
9 Q. Did you take any photographs of

10 any of the vehicles involved in this
11 collision following the accident?
12 A. No, I did not.

13 Q. Do you know i f anybody on your
14 behalf took any photographs of any of the
15 vehicles at the accident scene?
16 A. No. Nobody on my behalf did.

17 Q. Did you take any p~otographs of
18 I any of the vehicles not at the accident
19 scene following this collision?
20 A. No.
21 Q. Did anyone on your behalf take
22 any photographs of any of the vehicles
23 following this accident, aside from at the
24 accident scene?
25 A. I don't know.

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1 G. H. Tabat
3 been marked as Plaintiff's Exhibits 1 and
4 2 • Please tell. me when you are ready, sir.
5 A. Okay.
6 Q. Do you recognize what
7 Plaintiff's Exhibits 1 and 2 are?

8 A. 1 and 2, I believe, are
9 Ms. Yun's vehicle.
10 Q. That was the vehicle that was
11 ahead of yours that you were involved in
12 the collision with?
13 A. That's correct.
14 Q. Do you know who took these
15 photographs, sir?
16 A. No.
17 Q. I hand you what has been marked
18 as Plaintiff's Exhibits 6 and 7.
19 Do you recognize what

21 A. No.
22 Q. If I was to tell you that they
23 are Ms. Yun's vehicle following this

24 collision, would that refresh your
25 recollection?

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1 G. H. Tabat
2 A. It would refresh my recollection
3 as that this is the same vehicle as this,
4 and i t ' s Ms. Yun's vehicle (indicating).

5 Q. Did you happen to take a look at
6 the damage to Ms. Yun's vehicle following
7 this collision?
8 A. I did look at the damage at some
9 point briefly, but I was more interested in
10 finding out that Ms. Yun was okay and that
11 the person in front of her was okay.

12 Q. Is any of the damage that you
13 looked at briefly depicted in the

14 photographs that are Plaintiff's Exhibits 6
15 and 7?
16 A. I can't remember whether this

17 would accurately depict this or not since I
18 didn't take the picture and i t happened two
19 years ago. I was more interested in the
20 people than the property damage. No, I
21 can't.
23 been marked as Plaintiff's Exhibit 3.
25 Plaintiff's Exhibit 3 is?

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1 G. H. Tabat
2 A. That is a picture of my vehicle,
3 I think. I'm pretty sure i t is.
4 Q. Let me hand you Plaintiff's
5 Exhibits 4 and 5.
8 A. Yes, I do. Including the

9 handsome face that's staring there.
10 Q. I would happen to agree.

11 What is Plaintiff's Exhibits 4
12 and 5?
13 A. It's a picture of my vehicle.
14 And i t looks like i t was the picture of my
15 vehicle at the scene of the accident. That

16 appears to be an accurate depiction of the
17 outward appearance of the damage that was
18 done to my car.
19 Q. Do you know how much damage
20 monetarily-wise was done to your vehicle in
21 this collision?
22 A. Not a lot.
23 Q. Was i t repaired after the
24 accident?
25 A. Yes, i t was.

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1 G. H. Tabat
:2 Q. Prior to this collision, did you
3 see Ms. Yun's vehicle slow down?
4 A. I saw Ms. Yun's vehicle coming
5 to an abrupt stop, and I didn't notice the
6 slowing down. I just saw the brake light
7 go on and the stopping of the vehicle. And
8 I didn't know what had caused i t , because
9 all of the vehicles were flowing, traffic
10 was flowing.
11 Q. Did you happen to see if
12 Ms. Yun's vehicle struck the vehicle ahead
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13 of hers?
14 A. All I saw was, at that moment,
15 the car in front of her totally stopped and
16 everybody else moving. And I don't know
17 whether she hit the vehicle or stopped
18 before the vehicle. I tried to apply my
19 brakes. And I looked to my right lane to
20 just get out of the lane and get in the
21 other lane, but I couldn't, because there
22 were cars coming by because nobody else was
23 stopped. And I could not stop in time, and
24 I hit the back of her vehicle.

25 Q. Were you able to see any vehicle

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1 G. H. Tabat
2 or traffic ahead of Ms. Romero's vehicle?
3 A. Yes, I was.
4 Q. Were you able to see over her
5 vehicle?
6 A. No. Around the vehicle. I
7 mean, the shocking thing to me, the
8 thing -- my first observation was that her

9 car was stopped, and there was nobody
10 stopped in front of her. And there was
11 nobody else.
12 Q. When did you make that
13 observation?
14 A. When I saw her brake lights go
15 on, and she came to a really abrupt stop.
16 And I immediately tried to come to an
17 abrupt stop. That's the only thing I
18 remember, is that there was just traffic
19 moving. I didn't know why i t stopped. I
20 s t i l l don't know why she stopped. It
21 was i t wasn't that the car in front of

22 her stopped. Nothing stopped.
23 Q. From the time you first saw

24 Ms. Yun's brake lights come on and you
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25 applied your brakes, how much time elapsed

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1 G. H. Tabat
2 between the impact and the time you first'
3 saw those brake lights come on?

4 A. Somewhere between 10 and 20
5 seconds.
6 Q. How fast were you going at the
7 time you first saw those brake lights?
9 Q. What was your distance from
10 Ms. Yun's vehicle when you first saw her
11 brake 1 igh ts come on?
12 A. I don't recall how far away I
13 was from her at that point. I just recall
14 what my immediate observations were, and i t
15 was to try to get into another lane or put
16 my brakes on immediately.
17 Q. How long did i t take for you to
18 stop from the time you first applied your
19 brakes when you saw Ms. Yun's brake lights
20 come on?
21 MR. MAURER: Read that back.
22 (Whereupon, the requested
23 portion of the transcript was read back

24 by the Court Reporter.)
25 A. I would say -- again, somewhere

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1 G. H. Tabat
2 between five and fifteen seconds. I mean,
3 I looked to my right. I immediately hit my

4 brakes. I was totally surprised that
5 somebody was stopped in the left lane and

6 everybody else was going.
7 Q. Is i t fair to say there was no
8 HOV lane at this area?
9 A. Oh, there is an HOV lane.

10 Q. So you looked to your right.
11 What about to your left?
12 A. I didn't look to my left, I
13 don't think. I don't remember.
14 Q. Do you know if any vehicles were
15 in the HOV lane, that you could have moved
16 into that lane?
17 MR. MAURER: That's two
18 questions.
19 A. There were cars in the HOV lane.
20 The HOV lane was pretty full, as was the
21 right lane next to me. Traffic was moving
22 at a moderate speed. I don't think that
23 either -- I don't think I was going more
24 than 50, 55 miles an hour, tops, at this
25 point, because i t was just a moderate

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1 G. H. Tabat
2 speed. It wasn't wide open where you could
3 do 60, 65, 70 miles an hour.

4 Q. Following this collision, what
5 did you do?
6 A. I got out of my car. I went
7 over to Ms. Yun and I she was getting
8 out of her car. I asked her if she was
9 okay. Together we I asked her, I said,
10 do you have any idea why this person
11 stopped in front of us? She said, no, I
12 have no idea. And then we were going to go
13 up to this woman and talk to her. She went
14 up. I didn't even know she talked to her.
15 I didn't know she went to the car. I went

16 back to my car, because at that point I had
17 to call somebody from my office to come
18 and -- I remember I couldn't find my phone.
19 My phone had been on my passenger seat, and
20 the collision had caused i t to go forward
21 and under the seat. It was I finally
22 found i t . I called somebody from my office
23 to tell them to come forward.
24 Q. Who did you speak to at your
25 office?

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1 G. H. Tabat
2 A. Ruth, my receptionist, who was
3 the one who came.

4 Q. What did you tell Ruth?
5 A. I told Ruth I had an accident.
6 I told them to call Garden City or court,
7 or wherever i t was, and tell them I wasn't
8 going to make i t . I said, I don't think my
9 car is able to drive, so somebody has to
10 get me, and I have to wait for a tow truck
11 to come.
12 Q. Going back to the collision, how
13 would you describe i t ; medium, heavy,

14 light?
15 A. I would describe i t as light.

16 Q. Were you wearing your seat belt?
17 A. Yes.
18 Q. Did your seat belt lock up at

19 the time of the impact?
20 A. No.
21 Q. Airbags deployed?
22 A. I was stopping. My car was very
23 close to being stopped at that point.
24 Okay? I would say maybe another five feet,
25
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1 G. H. Tabat
2 did not deploy.
3 Q. Did you honk your horn prior to
4 the impact?
5 A. No.
6 Q. Did you attempt to swerve in any
7 way, aside from looking?
8 A. Yes. I was going to attempt to

9 swerve to the right, but I saw the traffic.
10 I just put on my brakes. There was nothing
11 else I can do except put on my brakes.
12 Q. Did your tires skid at all?
13 A. I think at the end they may have

14 locked a l i t t l e bit. I don't believe there
15 was any rubber in the street from i t .
16 Q. At some point, did you speak

17 with the driver of the plaintiff's vehicle?
18 A. No.
19 Q. Did you ever approach her
20 vehicle?
21 A. No.
22 Q. Looking at Plaintiff's Exhibit
23 6, sir. In the upper left-hand corner
24 there is a man's head.
25 Are you able to determine

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1 G. H. Tabat
2 whether that is your head?
3 A. It looks like my head.
4 Q. Does that refresh your
5 recollection of whether you spoke with
6 Ms. Romero at the accident scene?
7 A. No. I t ' s my recollection that I

8 did not speak with her.
9 Q. That head is at the window of
10 Ms. Romero's --
11 MR. MAURER: Objection as to
12 where the head is . You can't determine

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13 that based on the photograph.
14 A. I will tell you that that
15 appears to be my head. And I will further
16 tell you that i t does not refresh my

17 recollection that I spoke with her. My
18 recollection remains that I did not have
19 any conversation with the driver of that
20 front vehicle. That's it.
21 Q. Does i t refresh your
22 recollection as to whether you approached
23 that vehicle?
24 A. It refreshes my recollection
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25 that I went to the front of Ms. Yun's

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1 G. H. Tabat
2 vehicle to look and see what kind of damage
3 had been caused to her front and the rear
4 of the other vehicle, but that's all i t
5 refreshes.
6 Q. Why did you want to go look at
7 the damage to the front of Ms. Yun's
8 vehicle and the damage to the rear of

9 Ms. Romero's vehicle?
10 A. Just to see i t .
11 Q. Had you been informed there was
12 a second collision with Ms. Yun's vehicle
13 and Ms. Romero's vehicle following your
14 accident?
15 A. I didn't know whether the
16 collision preceded or was after. Okay?
17 But I went to see what the damage was.
18 Q. At some point, though, you were
19 told there was another. collision, whether
20 i t was preceding?
21 MR. MAURER: At the time of the
22 accident or sometime in the future
23 after the accident?
24 MR. PASCALE: At the accident
25 scene after the accident.

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1 G. H. Tabat
2 A. I knew that there was another
3 collision, because the plaintiff's car
4 remained stopped. It didn't go forward.
5 Q. From your own deduction, the
6 reasoning?
7 MR. MAURER: One at a time.
8 A. Yes. So from my deductive
9 reasoning, I presumed that that car either
10 had been hit before, after or twice. I
11 just wanted to see the damage that had been
12 done. I don't know whether I went to see
13 that before or after the ambulance came.
14 Q. Did you see any damage to
15 Ms. Romero's vehicle when you went to look
16 at that collision?
17 A. I believe I saw damage to the
18 vehicle, but my recollection was that i t
19 wasn't damaged like this vehicle was.
20 Q. When you say "this vehicle," you
21 mean Ms. Yun's vehicle?
22 A. Right.
23 Q. Do you recall the damage that
24 you saw to Ms. Yun's vehicle?
25 A. I mean, I would love to say this

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1 G. H. Tabat
2 refreshes my recollection, but I don't have

3 a recollection of the full extent of the
4 damages. I just remember that my
5 recollection is the damage done to the
6 front vehicle was not a lot externally, and

7 Ms. Yun's vehicle, i t was.
8 Q. Following this accident, did you
9 call 911?
10 A. No, I did not.
11 Q. Following this accident, did the
12 police arrive at the accident scene?
13 A. Yes, they did.
14 Q. Did you speak with them?
15 A. I believe I spoke with t~em when
16 they came over to me and asked me to write
17 out on their report.
18 Q. Did you verbally tell them what

19 happened when you spoke with the police
20 officers?

23 been marked as Defendants' Exhibit E.
24 Please tell me if you recognize Defendants'
25 Exhibit E.

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1 G. H. Tabat
2 A. I do not recognize Defendants'
3 Exhibit E.
4 Q. Have you ever seen a copy of the
5 police report following this accident?
6 A. No.
7 Q. Did you ever see a copy of the
8 statement that you gave, the written
9 statement that you gave to the police
10 officers at the accident scene?

11 MR. MAURER: Besides today?
12 MR. PASCALE: Besides today.

-~
\
13 A. No, I have not. I did see i t
14 today, though.
15 Q. When did you see i t today?
16 A. About half-hour ago.
17 Q. If we turn to page six of the
18 accident report that's Defendants' Exhibit
19 E, which I believe is the page you are on,
20 do you recall if this is a copy of your
21 statement that you gave at the accident
22 scene?
23 A. Yes, i t is.
24 Q. Your signature is at the bottom?
25 A. That's my signature.

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1 G. H. Tabat
2 Q. And your handwriting is in the
3 body?
4 A. Yes.
5 Q. According to your statement that-
6 you gave to the police officers, what
7 happened in this accident?
8 MR. MAURER: Is that a question?
9 Q. Can you read the body of the

10 statement as you gave to the police
11 officers.
12 A. What I stated in there is,
.. ~
13 (reading) I was driving in the left lane.

14 The car in front of me appeared to either
15 hit the car in front of her or stop short.
16 I I slammed on my brakes but was unable to

17 avoid contact. The front of my vehicle hit
18 the back of Ms. Yun's vehicle.

19 Q. Is that a fair and accurate
20 representation, as you remember i t , of this
21 accident?
22 A. Yes, i t is.
23 Q. At any point following this
24 accident, did you speak with Ms. Romero?
25 A. Not to my recollection.

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\
1 G. H. Tabat
2 Q. After the police arrived, did
3 eventually an ambulance come to the
4 accident scene?
5 A. Yes.
6 Q. What did you observe with the

7 ambulance?
8 A. I didn't observe much with the

9 ambulance. Because at that point, I think
10 the police were there, and I was talking to
11 Ms. Yun. That's all I recall.
12 Q. Did you see Ms. Romero getting
... ~
13 put into the ambulance?
14 A. No.
15 Q. Did you ever speak with the
16 ambulance personnel?
17 A. No.
18 Q. While the ambulance was there,
19 what was the sum and substance of your
20 conversation with Ms. Yun?
21 A. The sum and substance of my

22 conversation with Ms. Yun was that I wanted
23 to make sure she was all right. I also

24 wanted to know that i f she had any idea of
25 why this person in front of her stopped.

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1 G. H. Tabat
2 And Ms. Yun also told me at that time that
3 she had not hit that vehicle, that she had
4 stopped her car before hitting the vehicle,
5 and didn't hit the vehicle until after I

6 hit her. That was her statement to me.
7 Q. Did you exchange information

8 with Ms. Yun?
9 A. Yes, we did.
10 Q. After the accident, until today,
11 have you ever spoken with Ms. Yun again?
12 A. You know, I think maybe once.
13 Q. By telephone?
14 A. Yeah, by telephone. She called
15 me.
16 Q. What was the sum and substance
17 of that conversation?
18 A. I told her I was too old for
19 her.
20 Q. The question s t i l l stands,

21 because I don't buy i t for a second.
22 A. She wanted to verify, I think,
23 the insurance information. And that was
24 about i t .
25 Q. Did Ms. Yun ever send you the

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1 G. H. Tabat
2 photographs following this accident?
3 A. No.
4 Q. You are presently wearing

5 glasses.
6 A. Yes.
7 Q. Do you have to wear them when
8 you drive?
9 A. I do wear them when I was
10 driving.
11 Q. Were you wearing them at the
12 time of the accident?

,.~
. \
13 A. Yes.
14 Q. You had a valid New York State
15 driver's license at the time of the
16 accident?
17 A. Yes.
18 Q. Within 24 hours of the accident,
19 did you consume any alcohol?
20 A. Before or after?
21 Q. How about during?
22 A. No.
24 did you take any prescription medications

25 that would impair your ability to drive a

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1 G. H. Tabat
2 vehicle?
3 A. No.
5 did you fail to take any medication that
6 you are required to take?
7 A. No.
8 Q. Did you have any mechanical
9 issues with your vehicle on the day of the
10 accident before the accident?

11 A. No.
12 Q. Did you have any food or drink
13 in the vehicle at the time of the accident?
14 A. No.
15 Q. Were you a smoker at the time of

16 the accident?
17 A. No.
18 Q. Were you speaking on your phone

19 at the time of the accident? I'm
20 assuming
21 A. I have hands-free in my car. I
22 use i t all the time. I was not speaking on
23 the phone.
24 Q. You weren't sending any text

25 messages?

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1 G. H. Tabat
2 A. I was not sending E-mails or
3 texts.
4 Q. Have you ever been known by any

5 other names?
6 A. Only the ones my wife calls me.
7 Q. How bad are they?
8 A. Not good.
9 Q. What's your middle name, sir?

10 A. Hank.
11 Q. What's your date of birth?
12 A. 5/15/45. I told you I was too
13 old.
14 Q. You are married 47 years?
15 A. Yes, sir.
16 Q. What is your wife's name?
17 A. Marcia.
18 Q. Tabat?
19 A. Yes.
20 Q. Do you live just with Marcia or
21 anybody else?
22 A. Do I have to answer that?
23 MR. MAURER: Objection.

24 Q. Does your mistress live with
25 you?

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1 G. H. Tabat
2 A. Only when my wife goes to
3 Florida. No. I live with just her.
4 MR. PASCALE: I have no further

5 questions for you, subject to anything
6 defense counsel may have.
7 MR. MAURER: Off the record.
8 (Whereupon, a discussion was
9 held off the record.)
10 MR. KUMAR: I have some

11 questions.
12 EXAMINATION BY
13 MR. KUMAR:
14 Q. What do you do for a living?
15 A. I am an attorney.
16 Q. How long have you been an

17 attorney?
18 A. Since 1971.
19 Q. Have you ever practiced bodily
20 i injury cases?
21 A. No. Well, I do divorces.
22 Q. Your primary practice is doing
23 matrimonials?
24 A. Yes.
25 Q. Do you have any friends who

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1 G. H. Tabat
2 practice in the bodily injury category?
3 A. Yes.
4 Q. On the date of this accident,
5 you said you did observe Ms. Yun's car
6 coming to a stop?
7 A. No. I did not observe i t -- I
8 mean, i t was stopped. I didn't know
9 whether i t was stopped or i t had hit the
10 car in front of her, because that car had

11 stopped so abruptly. So I didn't know I
12 didn't know whether she had hit her or
13 whether she had stopped. I do know I hit
14 her.
15 Q. At the point of impact between
16 your vehicle and Ms. Yun's vehicle, was

17 Ms. Yun's vehicle stopped or moving?
18 A. Oh, i t was stopped.
19 MR. KUMAR: I have nothing
20 further.
21 (Whereupon, at 12:43 p.m., the
22 Examination of this witness was
23 concluded. )
24
~ 25

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Page 40
2 A C K NOW LED G MEN T

3
4 STATE OF NEW YORK )
5 :ss
6 COUNTY OF )
8 I, Gary H. Tabat, hereby certify that

9 I have read the transcript of my testimony
10 taken under oath in my deposition of
11 July 11, 2016; that the transcript is a
12 true and complete record of my testimony,
.~
\
13 and that the answers on the record as given

14 by me are true and correct.
15
16
17
18 GARY H. TABAT
19
20 Signed and subscribed to before me this

21 _________ day of _______________ , 2016.
22
23
24 Notary Public, State of New York
.~ 25

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,,~\ Page 41
2 LITIGATION SUPPORT INDEX
3 WITNESS EXAMINATION BY PAGE

4 G.H. Tabat Mr. Pascale 4
5 Mr. Kumar 38
6
7
8
9
10
11
12
,~
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13
14
15
16
17
18
19
20
21
22
23
24
/-'\ 25

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Page 42
2 ERRATA SHEET
VERITEXT/NEW YORK REPORTING, LLC
3 1-800-727-6396
4 330 OLD COUNTRY ROAD 1250 BROADWAY
MINEOLA, NEW YORK 11501 NEW YORK, NEW YORK 10001
6 NAME OF CASE: Romero v. Yun

DATE OF DEPOSITION: July 11, 2016
7 NAME OF DEPONENT: Gary H. Tabat
8 PAGE LINE (S) CHANGE REASON
10
11
12
13
14
15
16
17
18
19
20
21 GARY H. TABAT
22 SUBSCRIBED AND SWORN TO BEFORE ME
THIS DAY OF , 20
23
24
25 (NOTARY PUBLIC) MY COMMISSION EXPIRES:

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--~ Page 43
1
2 C E R T I F I e ATE
3
4 I, Maryann Laub, a Notary Public in
5 and for the State of New York, do hereby
6 certify:
7 THAT the witness(es) whose testimony
8 is hereinbefore set forth, was duly sworn
9 by me; and
10 THAT the within transcript is a true
11 record of the testimony given by said
12 witness (es) .
-\
. 13 I further certify that I am not
14 related, either by blood or marriage, to
15 any of the parties in this action; and
16 THAT I am in no way interested in the
17 outcome of this matter.
18 IN WITNESS WHEREOF, I have hereunto
19 set my hand this 19th day of July, 2016.
20
21
22
MARYANN LAUB

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Deposition Transcript of Gary H. Tabat in Romero v. Yun and Tabat, Queens Co. Index No. 00078-2015

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Deposition Transcript of Gary H. Tabat in Romero v. Yun and Tabat, Queens Co. Index No. 00078-2015

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Page 1

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3 IT IS HEREBY STIPULATED, by and between the

4 attorneys for the respective parties hereto, that:

5 All rights provided by the C.P.L.R., and Part 221

6 of the Uniform Rules for the Conduct of Depositions,

7 including the right to object to any question, except as

8 to form, or to move to strike any testimony at this

9 examination is reserved; and in addition, the failure to

10 object to any question or to move to strike any

11 testimony at this examination shall not be a bar or

12 waiver to make such motion at, and is reserved to, the

13 trial of this action.

14 This deposition may be sworn to by the witness

15 being examined before a Notary Public other than the

16 Notary Public before whom this examination was begun,

17 but the failure to do so or to return the original of

18 this deposition to counsel, shall not be deemed a waiver

19 of the rights provided by Rule 3116, C.P.L.R., and shall

21 The filing of the original of this deposition is

23 IT IS FURTHER STIPULATED, a copy of this

24 examination shall be furnished to the attorney for the

25 witness being examined without charge.

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2 GAR Y H. TAB A T, the

3 witness herein, having f i r s t been duly

4 sworn by the Notary Public, was

5 examined and testified as follows:

8 Q. State your name for the record,

12 A. 165 Windwatch Drive, Hauppauge,

13 New York 11788.

14 MR. PASCALE: Good afternoon,

15 Mr. Tabat. My name is Brian Pascale.

16 I'm going to ask you a series of

18 know, all your answers must be verbal.

19 THE WITNESS: Yes.

20 Q. Have you ever been convicted of

23 Q. Have you plead guilty to a

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6 Q. Did you review any documents in

9 Q. Were you involved in a motor

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23 THE WITNESS: I know.

24 Q. Was this rush hour at the time

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3 Q. Can you describe this area of

4 the LIE where the accident occurred?

5 A. It's three lanes and an HOV

8 A. It's the same type of shoulder

12 is a shoulder on the right.

13 Q. What lane were you in when the

15 A. I was in the left lane. Not the

16 HOV, but the left.

18 immediately before the accident?

19 A. Either my home or my Hauppauge

21 Q. What time did you leave,

23 A. Fifteen to twenty minutes before

25 Q. What exit did you pick up the

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3 A. Either Exit 57 or Exit 53.

12 go into the left lane?

16 A. I would say ten minutes. Five

18 Q. What were traffic conditions