Schoolcraft v. The City Of New York et al

Filing 407

REPLY MEMORANDUM OF LAW in Support re: 351 MOTION for Summary Judgment . . Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit MM)(Radomisli, Gregory)

1

1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
X

2
ADRIAN SCHOOLCRAFT,
3
PLAINTIFF,
4
Case No:
10 Civ. 6005
(RWS)

-against5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO,
Tax Id. 873220, Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL BOROUGH BROOKLYN
NORTH GERALD NELSON, Tax Id. 912370, Individually
and in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually and
in his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT WILLIAM GOUGH, Tax Id.
919124, Individually and in his Official Capacity,
SGT. FREDERICK SAWYER, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT KURT DUNCAN,
Shield No. 2483, Individually and in his Official
Capacity, LIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
915354, Individually and in his Official Capacity,
LIEUTENANT TIMOTHY CAUGHEY, Tax Id. 885374,
Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004 and P.O.'s DJOHN DOED
#1-50, Individually and in their Official Capacity
(the name John Doe being fictitious, as the true
names are presently unknown) (collectively referred
to as DNYPD defendantsD), JAMAICA HOSPITAL MEDICAL
CENTER, DR. ISAK ISAKOV, Individually and in his
Official Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity and
JAMAICA HOSPITAL MEDICAL CENTER EMPLOYEES DJOHN
DOED #1-50, Individually and in their Official
Capacity (the name John Doe being fictitious / as
the true names are presently unknown),

21
DEFENDANTS.
X

22
DATE:
TIME:

23

October 17, 2014
10:20 A.M.

24
(Deposition of JOHN ETERNO, PhD)
25
DIAMOND REPORTING

[phone]
1

info0diamondreporting.com

2

1
2

DATE;

October 17, 2014

3

TIME:

10:20 A.M.

4
5
6
7

DEPOSITION of an Expert Witness,

8

JOHN ETERNO, PhD, taken by the Respective Parties,

9

Pursuant to a Notice and to the Federal Rules of

10

Civil Procedure, held at the offices of the New

11

York City Law Department, 100 Church Street,

12

New York, New York 10007, before Nathan MacCormack,

13

a Notary Public of the State of New York.

14
15
16
17
18
19
20
21
22
23
24
25
DIAMOND REPORTING

[phone]
2

info0diamondreporting.com

3

1

APPEARANCES:

2
3
4
5
6

LAW OFFICE OF NATHANIEL B. SMITH
Attorney for Plaintiff
ADRIAN SCHOOLCRAFT
111 Broadway
New York, New York 10006
BY: NATHANIEL B. SMITH ESQ.
-andJOHN LENOIR, ESQ.

T
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ZACHARY W. CARTER, ESQ.
CORPORATION COUNSEL
NEW YORK CITY LAW DEPARTMENT
Attorneys for the Defendants
THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO,
Tax Id. 873220, Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL BOROUGH BROOKLYN
NORTH GERALD NELSON, Tax Id. 912370, Individually
and in his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT WILLIAM GOUGH, Tax Id.
919124, Individually and in his Official Capacity,
SGT. FREDERICK SAWYER, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT KURT DUNCAN,
Shield No. 2483, Individually and in his Official
Capacity, LIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
915354, Individually and in his Official Capacity,
LIEUTENANT TIMOTHY CAUGHEY, Tax Id. 885374,
Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004 and P.O.'s DJOHN DOED
#1-50, Individually and in their Official Capacity
(the name John Doe being fictitious, as the true
names are presently unknown) (collectively referred
to as DNYPD defendantsD)
100 Church Street
New York, New York 10007
BY: SUZANNA PUBLICKER METTHAM, ESQ.,
ASSISTANT CORPORATION COUNSEL
-andQIANA SMITH, ESQ.
SENIOR CORPORATION COUNSEL
File #: 2010-033074
Control #: FFF13119

25
DIAMOND REPORTING

[phone]
3

info0diamondreporting.com

4

1

APPEARANCES:

(Cont'd)

2
3
4
5

SCOPPETTA, SEIFF, KRETZ & ABERCROMBIE, ESQS.
Attorneys for the Defendant
STEVEN MAURIELLO
444 Madison Avenue, 30th Floor
New York, New York 10022
By: WALTER A. KRETZ, JR., ESQ.

6
7
8
9
10

MARTIN CLEARWATER & BELL, LLP
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, New York 10017
By: BRIAN OSTERMAN, ESQ.
File #: 82-82153

11
12
13
14
15

IVONE, DEVINE & JENSEN, LLP
Attorneys for the Defendant
DR. ISAK ISAKOV
2001 Marcus Avenue, Suite NlOO
Lake Success, New York 11042
By: BRIAN E. LEE, ESQ.

16
17
18
19

CALLAN, KOSTER, BRADU, BRENNAN & NAGLER, LLP
Attorneys for the Defendant
DR. LILLIAN ALDANA-BERNIER
One Whitehall Street
New York, New York 10004
By: MATTHEW J. KOSTER, ESQ.

20
21
22
•k

★

23
24
25
DIAMOND REPORTING

[phone]
4

info0diamondreporting.com

328
J. ETERNO

1

shown up at his apartment?
MR. SMITH:

2
3
4

A.

Objection to the form.

Perhaps somebody would have shown up at his

apartment, but he still should not have been an E.D.P.
MR. ROSTER:

5

I don't think I have anything

else.

6
7

FURTHER EXAMINATION

8

BY MR. KRETZ:

9

Q.

The appearance you made on This American Life, I

10

haven't listened to that in some time, but can you tell me

11

what opinions you expressed at that time on that program?

12
13

A.

I think I just said one or two lines.

I don't

recall exactly what those lines were.
MR. KRETZ:

14
15

FURTHER EXAMINATION

16

Thank you.

BY MR. LEE:

17
18

Q.

Sir, when you were a police officer, there were

occasions when you declared someone an E.D.P.?

19

A.

Yes.

20

Q.

And did you accompany that person to the

21

hospital?

22

A.

Yes.

23

Q.

Did you ever tell the hospital that, based on

24
25

There were times we did, yes.

what you were telling them, they had to admit a patient?
A.

No.

We never told the hospital what to do and

DIAMOND REPORTING

[phone]
328

info0diamondreporting.com

329
J. ETERNO
1
2

how to do it.
Q.

But you did expect they would rely on the history

3

that you provided as one part of their overall evaluation

4

of that person, correct?

5

A.

Of course.

6

MR. LEE:

Thank you.

7

MS. PUBLICKER METTHAM:

8

(Whereupon, at 6:46 P.M., the Examination of

The time is 6:46.

this Witness was concluded.)

9
10
11

JOHN ETERNO, PhD
t

12
13
14

Subscribed and sworn to before me

15

this

20

day of

16
17

NOTARY PUBLIC

18
19
20
21
22
23
24
25
DIAMOND REPORTING

[phone]
329

[e-mail]