Schoolcraft v. The City Of New York et al
Filing
298
DECLARATION of Suzanna P. Mettham in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Shaffer, Ryan)
<![CDATA[
Page
1
1
UNTTED STATES DTSTRICT COURT.
SOUTHERN
DISTRICT OF NEW YORK
x
2
3
ADRTAN SCHOOLCRAFT,
PLaintiff,
4
5
Case No:
10 cv
against
6
06005
7
THE CrrY OF NEW YORK, ET AL.
I
I
,
Defendants.
L------X
10
111 Broadway
New York, New York
11
L2
,fune
18
,
zOL4
LO:.28 a.m.
13
L4
15
L6
L7
18
19
DEPOSITION OF CHRISTOPHER BROSCHART, pursuant
to Notice, taken at the above pJ.ace, date and
time, before DENISE ZIVKU, a Notary Public
within and for the State of New York.
20
2L
22
23
24
25
212-267-6868
VEzuTEXT REPORTING COMPANY
www.veritext.com
5
l6-608-2400
Page
2
1
APPEARANCES
2
3
4
NATHANIEL B. SMTTH, ESQ.
Attorneys for PLaintiff
1 1 1 Broadway
New Yo rk , New York 10006
5
6
JOHN LENOTR, ES9.
7
I
Attorneys for Plaintiff
829 Third Street NE
Vüashington, D. C. 20002
9
10
11
t2
13
L4
15
16
L7
18
19
20
2L
22
23
NEW YORK CITY LAW DEPARTMENT
OFFICE OF CORPORATION COUNSEL
Attorneys for Defendant,
THE C T TY OF NEW YORK
100 Church Street,
New York, New York 10007
BY :
SUZANN.A PUBLI CKER METTHAM I ESQ.
SCOPPETTA SETFF KRETZ & ABERCROMBÏE
Attorneys
for
Defendant
STEVEN MAURTELLO
BY:
444 Madison Avenue
New York, New York LOO22
WAIJTER A. KREIIZ' JR.
' ESQ.
IVONE , DEVINE & 'JENSEN, LLP
Attorneys for Defendant
DR. TSAK ISAKOV
2001 Marcus Avenue
Lake Success, New York tLo
BY: BRTAN LEEI ESQ.
(Continued.
42
)
24
25
2t2-267-6868
VERITEXT REPORTING COMPANY
www,veritext,com
5
16-608-2400
Page
(Contínued.
1
3
)
2
3
4
5
CALLAN, KOSTER I BRADY & BRENNAN, LLP
Att,orneys for Defendant
DR. LI LIAN AI¡DANA-BERNTER
One WhitehalL StreeÈ
New York, New York 10004
BY: PAUL F. CALLAN, ESQ.
6
7
I
9
MARTIN CLEARWATER & BETJL,
T.,LP
Attorneys for Defendant
JAMAT CA HO S P T TAL MED I CAL CENTER
220 East 42nd Street
New York, New York 10017
GREGORY iI . RADOMI SLI , ESQ
BY :
.
10
11
t2
13
L4
15
16
L7
18
19
20
2t
22
23
24
25
212-267-6868
VERITEXT REPORTING COMPANY
www.veritext.com
st6-608-2400
Page
1
2
3
4
5
4
S T I P U L A T I O N S:
IT IS HEREBY STTPULå'ÍED AND AGREED bY
and between the attorneys for the respective
parties hereto, that this examination may be
sworn to before any Notary PubLic.
6
7
I
I
IT TS FURTHER STIPUI.ATED AND AGREED
of the said
and certification
thaÈ the filing
examination shall be waived.
10
I T I S FURTHER STI PULå,TED AND AGREED
11
L2
13
L4
that alL objections to questions, except as to
the form of the question, sha1l be reserved
f or the t,ime of trial .
15
16
L7
18
19
20
2L
22
23
24
25
212-267-6868
VEzuTEXT REPORTING COMPANY
www,veritext.com
s
l6-608-2400
Page
5
1
2
3
4
5
6
7
I
9
10
11
L2
13
L4
15
MR. SMITH: Going on the record.
IÈ is 10:28 and this is the deposit'ion
of Lieutenant Broschart.
That's how you Pronounce it.
THE YIITNESS: Yes, Broschart.
MR. SMITH: And Mr. Callan has
caLLed my office and said that it's
okay to proceed without him and would
you mind swearing in the witnesE.
C H R I S T O P H E R B R O S C H A R T, a
duly
Defendant herein, having been first
sworn by a Notary Public wíthin and for the
State of New York ' was examined and
testif ied as f o11oÌvs:
16
ION
L7
EXAMTNAT
18
BY
MR. SMITH:
19
20
2L
22
23
24
25
WiLL you state Your name and
A.
address for the record, Please.
ChristoPher Broschart,
A.
B-r-o-s-c-h-a-r-t.
MS. PUBLICKER METTHAM: Work
address.
212-267-6868
VERITEXT REPORTING COMPANY
www.veritext.com
s
1
6-608-2400
Page L04
CHRISTOPHER BROSCHART
1
2
3
4
5
6
7
I
9
10
11
L2
13
L4
15
L6
L7
18
19
20
2L
22
23
24
25
there to the time I left with SchooLcraft in
the ambuLance.
I undersÈand that, but after
A.
Lauterborn told you to sit tight and see if
Schoolcraf t comes back, how J.ong díd you
just sit there and nothing happened?
MS . PUBLICKER METTHAM:
Ob jection.
About four hours
A.
So is it fair to say for about
A.
four hours you were waiting in front of
residence?
Schoolcraft's
A coupJ.e of times !Íe went back
A.
and knocked on the door t,o see i f anyone was
there.
There was stilL again, no
A.
response, Êight?
No response and I talked to the
A.
landlord later on too.
?fhat did you talk to the
A.
Landlord about?
A.
One of the times went back, the
landlord t,hought he might be in the
apartment tcause he heard springs, he
.
2t2-267-6868
VERITEXT REPORTING COMPANY
www.veritext,com
5
l6-608-2400
Page 106
CHRISTOPHER BROSCHART
1
10
else haPPen?
MS. PUBLICKER METTHAM:
Ob jection.
WelI, during Èhat Period I
A.
he lilas restricted
Iearned he didn't have
and dídn't have any guns.
How díd You learn that?
A.
From the caPtain.
A.
Captain Lauterborn told You
A.
11
that?
2
3
4
5
6
7
I
9
L2
13
l4
15
t6
L7
18
19
20
2L
22
23
24
25
did anything
A.
A.
you that?
Yes.
Why did Captain Lauterborn
tell
MS. PUBLICKER METTHAM:
Ob jection.
Thatr s unknovln. Just he didn' t
A.
have hi s guns . üÍe didn ' t know lúhy he didn I t
have Èhem.
TÍhaÈ was the context in wh j.ch
A.
you were having this discussion where
didn'È have
Lauterborn told you Schoolcraft
any guns
MS. PUBLICKER METTHAM:
Objection.
2t2-267-6868
VEzuTEXT REPORTING COMPANY
www.veritext.com
st6-608-2400
]]>
