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FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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WANDA LOPEZ, Index No.: 158514/2021
Plaintiff,
-against- NOTICE TO EXECUTE
DEPOSITION TRANSCRIPT
UBER TECHNOLOGIES INC., JEM LEASING, LLC,
and NELI M. ARROYO DURAN DE CACERES
Defendants.
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PLEASE TAKE NOTICE that pursuant to CPLR §3116(a) Defendant, NELI M.
ARROYO DURAN DE CACERES, is hereby given sixty (60) days after receipt of the
deposition transcript provided herewith to have it signed and returned to the undersigned. Upon
your failure to have the deposition transcript signed and returned within the time specified said
deposition transcript may then be used as fully as though signed.
Your attention is respectfully called to the rules and applicable law which provide that
no alterations of any kind should be made to the transcribed testimony. The original transcript
must be permitted to stand unchanged, and correction, if any, must be noted on a correction
sheet with a statement by the witness, under oath, setting forth the reason for any change.
Dated: Garden City, New York
July 2, 2024
Respectfully Submitted,
GOLDBERG SEGALLA LLP
By: Timothy S. Carr, Esq.
Attorneys for Defendants
Uber Technologies, Inc.
200 Garden City Plaza, Suite 520
Garden City, New York 11530
(516) 281-9800
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TO:
All parties via electronic filing
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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WANDA LOPEZ,
Plaintiff,
-against- Index No.
158514/2021
UBER TECHNOLOGIES, INC., JEM LEASING, LLC, and
NELI M. ARROYO DURAN DE CACERES,
Defendants.
---------------------------------------------X
Date: May 30, 2024
Time: 2:04 p.m.
EXAMINATION BEFORE TRIAL of NELI
ARROYO s/h/a NELI M. ARROYO DURAN DE CACERES,
the Defendant, taken by the Plaintiff, via
video-conference, pursuant to Court Order,
held on the above mentioned date and time,
before Lisa McDonald, a Notary Public of the
State of New York.
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(1) A P P E A R A N C E S:
(2)
(3) ERIC H. GREEN, ESQ.
Attorney for Plaintiff
(4) 295 Madison Avenue
New York, New York 10017
(5) BY: ALEXANDER MENDEZ, ESQ.
greenlegal@msn.com
(6)
(7)
GOLDBERG SEGALLA, LLP
(8) Attorneys for Defendant, Uber
Technologies, Inc.
(9) 200 Garden City Plaza
Suite 520
(10) Garden City, New York 11530
BY: TIMOTHY CARR, ESQ.
(11) tcarr@goldbergsegalla.com
FILE #15896.0529
(12)
(13)
BAKER, McEVOY & MOSKOVITS
(14) Attorneys for Defendants, JEM Leasing,
LLC and Neli M. Arroyo Duran De Caceres
(15) 1 MetroTech Center
8th Floor
(16) Brooklyn, New York 11201
BY: BHUMIKA TRIVEDI, ESQ.
(17) bhumi.joshil3@gmail.com
FILE #1077172
(18)
(19)
(20) Also present
Gilda Briceno, Spanish Interpreter
(21) LIS Interpreting
(22)
(23)
(24)
(25)
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(1) S T I P U L A T I O N S
(2)
(3) IT IS HEREBY STIPULATED AND AGREED by
(4) and between Counsel for the respective parties
(5) that:
(6)
(7) All rights provided by the C.P.L.R.,
(8) including the right to object to any question,
(9) except as to form, or to move to strike any
(10) testimony at this examination, are reserved,
(11) and in addition the failure to object to any
(12) question or to move to strike any testimony at
(13) this examination shall not be a bar or waiver
(14) to make such motion at, and is reserved for,
(15) the trial of this action;
(16)
(17) IT IS FURTHER STIPULATED AND AGREED by
(18) and between Counsel for the respective parties
(19) hereto, that this examination may be sworn to
(20) by the witness being examined, before a Notary
(21) Public other than the Notary Public before
(22) whom this examination was begun; but the
(23) failure to do so, or to return the original of
(24) this examination to Counsel, shall not be
(25) deemed a waiver of the rights provided by
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(1) Rules 3116 and 3117 of the C.P.L.R., and shall
(2) be controlled thereby;
(3)
(4) IT IS FURTHER STIPULATED AND AGREED by
(5) and between Counsel for the respective parties
(6) hereto that this examination may be utilized
(7) for all purposes as provided by the C.P.L.R.;
(8)
(9) IT IS FURTHER STIPULATED AND AGREED by
(10) and between Counsel for the respective parties
(11) hereto, that the filing and certification of
(12) the original of this examination shall be and
(13) the same hereby is waived;
(14)
(15) IT IS FURTHER STIPULATED AND AGREED by
(16) and between Counsel for the respective parties
(17) hereto that a copy of the within examination
(18) shall be furnished to Counsel representing the
(19) witness testifying without charge.
(20)
(21) IT IS FURTHER STIPULATED AND AGREED by
(22) and between Counsel for the respective parties
(23) hereto that all rights provided by the
(24) C.P.L.R., and Part 221 of the Uniform Rules
(25) for the Conduct of Depositions, including the
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(1) right to object to any questions, except as to
(2) form, or to move to strike any testimony at
(3) this examination are reserved; and in
(4) addition, the failure to object to any
(5) question or to move to strike any testimony at
(6) this examination shall not be a bar or waiver
(7) to make such motion at, and is reserved to,
(8) the trial of this action.
(9)
(10) IT IS FURTHER STIPULATED AND AGREED by
(11) and between counsel for all parties present
(12) that pursuant to C.P.L.R. section 3113(d) this
(13) deposition is to be conducted by video
(14) conference, that the court reporter, all
(15) counsel, and the witness are all in separate
(16) remote locations and participating via
(17) videoconference (LegalView/Zoom) meeting under
(18) the control of Lexitas Court Reporting
(19) Service, that the officer administering the
(20) oath to the witness need not be in the place
(21) of the deposition and the witness shall be
(22) sworn in remotely by the court reporter after
(23) confirming the witness's identity, that this
(24) videoconference will not be recorded in any
(25) manner and that any recording without the
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(1) express written consent of all parties shall
(2) be considered unauthorized, in violation of
(3) law, and shall not be used for any purpose in
(4) this litigation or otherwise.
(5)
(6) IT IS FURTHER STIPULATED that exhibits
(7) may be marked by the attorney presenting the
(8) exhibit to the witness, and that a copy of any
(9) exhibit presented to a witness shall be
(10) e-mailed to or otherwise in possession of all
(11) counsel prior to any questioning of a witness
(12) regarding the exhibit in question. All
(13) parties shall bear their own costs in the
(14) conduct of this deposition by video
(15) conference, not withstanding the obligation by
(16) C.P.L.R. to supply a copy of the transcript to
(17) the deposed party by the taking party in civil
(18) litigation matters.
(19)
(20)
(21)
(22)
(23)
(24)
(25)
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(1) G I L D A B R I C E N O, called as the
(2) interpreter in this matter, was duly
(3) sworn by a Notary Public of the State
(4) of New York, to accurately and
(5) faithfully translate the questions
(6) propounded to the Witness from English
(7) to Spanish and the answers given by
(8) the witness from Spanish into English
(9)
(10) N E L I A R R O Y O, called as a Witness,
(11) having been first duly sworn by a
(12) Notary Public in and of the State of
(13) New York, was examined and testified
(14) as follows:
(15) THE REPORTER: Please state
(16) your name for the record.
(17) THE WITNESS: Neli Arroyo.
(18) THE REPORTER: Please state
(19) your address for the record.
(20) THE WITNESS: 1630 St.
(21) Nicholas Avenue, Apartment 36, New
(22) York, New York 10040.
(23) EXAMINATION BY
(24) MR. CARR:
(25) MR. CARR: Good afternoon, Ms.
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(1) N. ARROYO
(2) Arroyo. My name is Tim Carr. I am
(3) an attorney with Goldberg Segalla.
(4) We are here today with respect to a
(5) motor vehicle accident that occurred
(6) on January 9th of 2020.
(7) THE WITNESS: Yes.
(8) MR. CARR: I'm not going to
(9) ask you too many questions about the
(10) accident, I'm going to ask you more
(11) about your relationship with Uber. I
(12) represent Uber. If you don't
(13) understand one of my questions, let
(14) me know and I will do my best to
(15) rephrase in a way you do understand.
(16) THE WITNESS: Thank you.
(17) MR. CARR: We have an
(18) interpreter here today, so to the
(19) extent you do understand some
(20) English, please just only communicate
(21) in Spanish so that way the record is
(22) clean.
(23) THE WITNESS: Yes.
(24) MR. CARR: If there is ever a
(25) time where it comes to your attention
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(1) N. ARROYO
(2) that there might be some sort of
(3) issue with the translation, different
(4) languages have different dialects, if
(5) there is ever an issue with the
(6) translation just let us know and we
(7) will do whatever we can to
(8) accommodate.
(9) THE WITNESS: Yes.
(10) MR. CARR: Off the record.
(11) (Whereupon, a discussion was
(12) held off the record.)
(13) EXAMINATION BY
(14) MR. MENDEZ:
(15) MR. MENDEZ: Ms. Arroyo, my
(16) name is Alex Mendez. I'm an attorney
(17) with the law firm of Eric Green and
(18) Associates. I represent the
(19) Plaintiff, Wanda Lopez. I will be
(20) asking you some questions about the
(21) accident that happened back in 2020,
(22) okay?
(23) THE WITNESS: Perfect.
(24) MR. MENDEZ: The same
(25) instructions that the other attorney
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(1) N. ARROYO
(2) gave you apply. I will give you some
(3) other instructions but you understood
(4) his instructions, correct?
(5) THE WITNESS: Yes.
(6) MR. MENDEZ: If you don't
(7) understand my question, let us know
(8) that you didn't understand it, I will
(9) rephrase it in a way that you do
(10) understand. You got that?
(11) THE WITNESS: Yes.
(12) MR. MENDEZ: We are on a Zoom
(13) call, sometimes connections are bad,
(14) you know, things cut in and out. If
(15) you don't hear any portion of my
(16) question or the interpreter. Let us
(17) know. I don't want you to answer a
(18) question if you didn't hear it, okay?
(19) THE WITNESS: Yes.
(20) MR. MENDEZ: Just like
(21) Mr. Carr said just for everybody's
(22) sake here and for the reporter
(23) especially, just let me ask the
(24) question and let the interpreter
(25) translate before you give your
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(1) N. ARROYO
(2) answer, okay?
(3) THE WITNESS: Okay.
(4) MR. MENDEZ: If you need to
(5) take a break for any reason I don't
(6) need to know the reason, whether it's
(7) maybe you need to use the restroom,
(8) talk to your attorney, I don't care,
(9) you don't need to tell me, but if you
(10) nee a break that is fine, you just
(11) let us know you can take a break.
(12) The only thing is that you can't take
(13) a break if I asked you a question and
(14) you haven't answer it, do you
(15) understand?
(16) THE WITNESS: Yes.
(17) Q. The address that you gave us,
(18) is that your current address; correct?
(19) A. Yes.
(20) Q. Was that where you were living
(21) back in January of 2020?
(22) A. Yes.
(23) Q. Currently where are you
(24) testifying from?
(25) A. In my house, the same address.
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(1) N. ARROYO
(2) Q. Is there anybody else in the
(3) room with you or are you by yourself?
(4) A. In the room I am by myself.
(5) Q. I don't want to know any
(6) conversation you had with your attorney,
(7) but did you review anything in
(8) preparation for your testimony?
(9) A. No.
(10) Q. Do you have any papers,
(11) document, photographs or anything of that
(12) sort in front of you?
(13) A. No.
(14) Q. So Ms. Arroyo, back in 2020
(15) did you have a valid driver's license?
(16) A. Yes, of course.
(17) Q. By whom was it issued, by what
(18) state?
(19) A. New York.
(20) Q. When did you obtain that
(21) license originally, when was the first
(22) time you had a license to drive a car?
(23) A. I don't remember if it was in
(24) 2016 or '17.
(25) Q. At some point did you obtain a
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(1) N. ARROYO
(2) commercial driver's license?
(3) A. No.
(4) Q. In order to drive for Uber do
(5) you have any sort of special
(6) certification, any special license or
(7) anything of that sort?
(8) MR. CARR: Just note my
(9) objection.
(10) A. For Uber class E and the TLC
(11) plates.
(12) Q. Tell me more about the TLC,
(13) when did you receive that?
(14) A. I think it was in 2017, I
(15) think so. I don't remember very well,
(16) but I think I have a long time with it.
(17) Q. Since January of 2020 did any
(18) of your licenses require you to wear any
(19) sort of corrective lenses, glasses,
(20) anything like that?
(21) A. No.
(22) Q. So you don't wear glasses or
(23) contacts in your every day for reading,
(24) distance or anything like that?
(25) A. No.
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(1) N. ARROYO
(2) Q. In order to be licensed with
(3) the TLC did you have to take any sort of
(4) eye exam?
(5) A. I don't remember.
(6) Q. Before the accident in January
(7) of 2020, do you recall the last time your
(8) eyes were checked?
(9) A. For the regular license, for
(10) the one for the DMV.
(11) Q. Prior to the accident in 2020,
(12) how long prior to the accident did you
(13) get them checked in terms of months,
(14) weeks, if you can say?
(15) A. I don't have any issue with my
(16) sight, so I just have them to renew the
(17) license.
(18) Q. Nothing has changed with
(19) respect to your eyesight since 2020?
(20) A. No.
(21) Q. Back in January of 2020, what
(22) did you do for work?
(23) A. Taxi.
(24) Q. Did you have an employer, were
(25) there any ride share apps that you worked
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(1) N. ARROYO
(2) with, who did you do the taxi work for?
(3) MR. CARR: Note my objection.
(4) A. Uber.
(5) Q. In January of 2020 besides
(6) Uber, were there any other ride share
(7) apps or any other employers that you did
(8) that type of work for?
(9) MR. CARR: Note my objection.
(10) A. No, Uber.
(11) Q. In your capacity as driver
(12) that would take people from one place to
(13) another, the only person you did that for
(14) was for Uber?
(15) MR. CARR: Note my objection.
(16) A. Yes, for the application.
(17) Q. Besides Uber, besides being a
(18) driver, did you do any other type of work
(19) besides being a driver at that point in
(20) 2020?
(21) A. No, only that.
(22) Q. I know it seems like an
(23) obvious question, but what were your job
(24) duties as a driver working with Uber?
(25) A. Well, I turn on the
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(1) N. ARROYO
(2) application, when I get a call I take it,
(3) that's it.
(4) Q. So when would you say you
(5) first started taking fares for Uber?
(6) MR. CARR: Just note my
(7) objection.
(8) A. At the end of 2017.
(9) Q. So from the time you started
(10) in 2017 to January 2020, have you worked
(11) consistently as a driver for that period
(12) of time?
(13) A. Yes, I did a lot of calls.
(14) Q. Back in 2020 did you have any
(15) sort of set schedule that you worked, set
(16) hours that you worked, anything like
(17) that?
(18) A. No, just I used to get up very
(19) early. I jump on the application and
(20) worked. I take the calls and do the
(21) work.
(22) Q. I believe you said -- I think
(23) you said that you got up early. What
(24) would you describe getting up early as,
(25) what does that mean?
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(1) N. ARROYO
(2) A. Do you want to know what time?
(3) Q. Typically what time, if there
(4) was a time that you would typically get
(5) up and check the app to start working,
(6) what time would that be?
(7) A. I used to go out maybe around
(8) 6:30 because that depend on where I used
(9) to work, sometimes I had to get up very
(10) early to move the cars.
(11) Q. If you got up that early, was
(12) there a typical time that you would stop
(13) driving and start taking fares?
(14) A. No, I used to go to the car,
(15) to the vehicle and then start working
(16) early.
(17) Q. I have to ask this, I don't
(18) mean any offense by it, it's something
(19) that I have to ask, have you ever been
(20) convicted of a crime.
(21) MS. TRIVEDI: Note my
(22) objection.
(23) A. No, never.
(24) Q. Prior to January 9th of 2020,
(25) have any of your driver's license ever
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(1) N. ARROYO
(2) been suspended or revoked?
(3) A. Never.
(4) Q. Just for clarity sake, when we
(5) talk about an accident in 2020, do you
(6) recall what day the accident that we are
(7) talking about happened on?
(8) A. Yes.
(9) Q. What date was that?
(10) A. A weekday. I don't know. It
(11) was a weekday, it was on a weekday.
(12) Q. If I said that the accident
(13) happened on January 9th of 2020, with
(14) that refresh your recollection as to when
(15) date it happened?
(16) A. January, yes.
(17) Q. Do you remember the specific
(18) day of the week?
(19) A. Not specifically, but I know
(20) it was a weekday.
(21) Q. Do you remember what time
(22) approximately the accident happened?
(23) A. Yes.
(24) Q. What time would that be?
(25) A. Between seven and eight.
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(1) N. ARROYO
(2) Before eight.
(3) Q. Would that be seven or eight
(4) in the morning or seven or eight in the
(5) evening?
(6) A. Not morning.
(7) Q. The vehicle that you were in
(8) an accident with, what kind of car was
(9) that?
(10) A. Rav4, 2016.
(11) Q. That would be a Toyota Rav4?
(12) A. Toyota Rav4, yes.
(13) Q. Do you remember the color?
(14) A. White.
(15) Q. When did you obtain that
(16) vehicle?
(17) A. 2018.
(18) Q. Were you the owner of that
(19) car?
(20) A. It was rented and now you can
(21) say that it's mine.
(22) Q. Back in 2020, who did you rent
(23) it from?
(24) A. Jem Leasing.
(25) Q. Who is responsible for the
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(1) N. ARROYO
(2) maintenance of the vehicle back in
(3) January of 2020?
(4) A. Myself.
(5) Q. Prior to the day of the
(6) accident that we're talking about today,
(7) do you recall the last time your Toyota
(8) was inspected?
(9) MS. TRIVEDI: Note my
(10) objection to the form, she can
(11) answer.
(12) A. I always give the maintenance
(13) even though still today I have the car.
(14) Q. Just for clarity sake, when I
(15) say inspection. I mean like an annual
(16) inspection that is required by the state?
(17) A. Okay (in English).
(18) Q. Do you remember when that
(19) would have been, your last inspection
(20) prior to the day of the accident?
(21) A. I don't remember, but every
(22) time I have the due date I do my
(23) inspection.
(24) Q. To your knowledge when the
(25) accident happened your inspection status
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(1) N. ARROYO
(2) was valid, your sticker was valid?
(3) MS. TRIVEDI: Note my
(4) objection to form.
(5) A. Yes.
(6) Q. Do you recall, if any, the
(7) last time your Toyota was repaired prior
(8) to the date of the accident?
(9) MS. TRIVEDI: It wasn't her
(10) vehicle at the time, you keep saying
(11) your, so I don't know if you want to
(12) rephrase it --
(13) MR. MENDEZ: That's fine, I'll
(14) just refer to it as the Toyota then.
(15) So do you need me to rephrase it or?
(16) MS. TRIVEDI: If you don't
(17) mind.
(18) MR. MENDEZ: No problem.
(19) Q. The Toyota that we are talking
(20) about that you were driving when you got
(21) into the accident, when was the last
(22) time, if at all, it was repaired prior to
(23) the date of the accident?
(24) A. After.
(25) Q. I'm asking about prior to the
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(2) accident, was it ever repaired prior?
(3) A. No.
(4) Q. The Toyota, was it equipped
(5) with any dash camera?
(6) A. No, in that moment, no, in
(7) that time, no.
(8) Q. Was there a time where it was?
(9) A. Later on. Jem Leasing install
(10) because it's by the law.
(11) Q. When you say later on, we are
(12) talking about after January 9th of 2020?
(13) A. Yes.
(14) Q. Besides the dash camera, were
(15) there any interior cameras back in
(16) January of 2020?
(17) A. No.
(18) Q. When you were working using
(19) that car to drive, to pick up fares, did
(20) you utilize any sort of G-P-S device?
(21) A. Yes, Waze.
(22) Q. Can you describe what kind of
(23) device you were using in terms of the
(24) G-P-S?
(25) A. My phone.
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(1) N. ARROYO
(2) Q. Where would your phone be when
(3) you were using it as a GPS device, where
(4) in the car would you have it?
(5) MS. TRIVEDI: On the day of
(6) the accident?
(7) MR. MENDEZ: Yes.
(8) A. In the AC that I have on the
(9) phone with a holder.
(10) Q. So I understand you, you had a
(11) holder that attaches to the AC in front
(12) and your phone clipped into that; is that
(13) correct?
(14) A. Correct.
(15) Q. Besides the cell phone that
(16) you had attached to this holder, would
(17) you carry any other cell phone with you?
(18) A. No, only that one.
(19) MR. MENDEZ: Mr. Carr, if you
(20) want to take over that's fine with
(21) me.
(22) MR. CARR: Thank you.
(23) FURTHER EXAMINATION BY
(24) MR. CARR:
(25) MR. CARR: Good morning.
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(2) Again, my name is Tim Carr. I
(3) represent Uber. I just have some
(4) questions with respect to your
(5) relationship with Uber around the
(6) time of the accident.
(7) Q. Ms. Arroyo, at the time of the
(8) accident you were licensed to use the
(9) drivers version of the Uber app, is that
(10) correct?
(11) A. Correct.
(12) Q. When you signed up to use the
(13) driver version of the Uber app, is it
(14) fair to say that you didn't have to
(15) interview with anyone at Uber?
(16) A. No.
(17) Q. You didn't have to interview
(18) with anyone, correct?
(19) A. No.
(20) Q. Did you have to interview with
(21) anyone at Uber?
(22) A. To use it, no.
(23) Q. Once you started using the
(24) Uber app did you have set hours?
(25) A. I like in the morning, but
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(2) sometimes I take it at night.
(3) Q. You have set hours, right, you
(4) could work whenever you wanted?
(5) A. Exactly.
(6) Q. You could log into and out of
(7) the app whenever you wanted?
(8) A. Yes.
(9) Q. When you were ready and
(10) available you would go in the app and
(11) click "go online," is that true?
(12) A. That's what I used to do.
(13) Q. Would you agree that the app
(14) provided you with flexibility?
(15) A. Yes.
(16) Q. Once a ride request would come
(17) in, you can either accept or reject the
(18) request or you could do nothing and it
(19) would expire; is that true?
(20) A. If I didn't take it, it would
(21) effect me.
(22) Q. That was not my question, once
(23) a ride request comes in, you can either
(24) accept the request, you can reject the
(25) request or you could do nothing and the
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FILE
Preview
FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X WANDA LOPEZ, Index No.: 158514/2021 Plaintiff, -against- NOTICE TO EXECUTE DEPOSITION TRANSCRIPT UBER TECHNOLOGIES INC., JEM LEASING, LLC, and NELI M. ARROYO DURAN DE CACERES Defendants. --------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR §3116(a) Defendant, NELI M. ARROYO DURAN DE CACERES, is hereby given sixty (60) days after receipt of the deposition transcript provided herewith to have it signed and returned to the undersigned. Upon your failure to have the deposition transcript signed and returned within the time specified said deposition transcript may then be used as fully as though signed. Your attention is respectfully called to the rules and applicable law which provide that no alterations of any kind should be made to the transcribed testimony. The original transcript must be permitted to stand unchanged, and correction, if any, must be noted on a correction sheet with a statement by the witness, under oath, setting forth the reason for any change. Dated: Garden City, New York July 2, 2024 Respectfully Submitted, GOLDBERG SEGALLA LLP By: Timothy S. Carr, Esq. Attorneys for Defendants Uber Technologies, Inc. 200 Garden City Plaza, Suite 520 Garden City, New York 11530 (516) 281-9800 1 of 104 GS File FILED: NEW YORK COUNTY CLERK 07/03/2024 No.: 15896.0514 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 TO: All parties via electronic filing 2 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 1] May 30, 2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------X WANDA LOPEZ, Plaintiff, -against- Index No. 158514/2021 UBER TECHNOLOGIES, INC., JEM LEASING, LLC, and NELI M. ARROYO DURAN DE CACERES, Defendants. ---------------------------------------------X Date: May 30, 2024 Time: 2:04 p.m. EXAMINATION BEFORE TRIAL of NELI ARROYO s/h/a NELI M. ARROYO DURAN DE CACERES, the Defendant, taken by the Plaintiff, via video-conference, pursuant to Court Order, held on the above mentioned date and time, before Lisa McDonald, a Notary Public of the State of New York. Lexitas Court Reporting 800-678-0166 3 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 2] May 30, 2024 (1) A P P E A R A N C E S: (2) (3) ERIC H. GREEN, ESQ. Attorney for Plaintiff (4) 295 Madison Avenue New York, New York 10017 (5) BY: ALEXANDER MENDEZ, ESQ. greenlegal@msn.com (6) (7) GOLDBERG SEGALLA, LLP (8) Attorneys for Defendant, Uber Technologies, Inc. (9) 200 Garden City Plaza Suite 520 (10) Garden City, New York 11530 BY: TIMOTHY CARR, ESQ. (11) tcarr@goldbergsegalla.com FILE #15896.0529 (12) (13) BAKER, McEVOY & MOSKOVITS (14) Attorneys for Defendants, JEM Leasing, LLC and Neli M. Arroyo Duran De Caceres (15) 1 MetroTech Center 8th Floor (16) Brooklyn, New York 11201 BY: BHUMIKA TRIVEDI, ESQ. (17) bhumi.joshil3@gmail.com FILE #1077172 (18) (19) (20) Also present Gilda Briceno, Spanish Interpreter (21) LIS Interpreting (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 4 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 3] May 30, 2024 (1) S T I P U L A T I O N S (2) (3) IT IS HEREBY STIPULATED AND AGREED by (4) and between Counsel for the respective parties (5) that: (6) (7) All rights provided by the C.P.L.R., (8) including the right to object to any question, (9) except as to form, or to move to strike any (10) testimony at this examination, are reserved, (11) and in addition the failure to object to any (12) question or to move to strike any testimony at (13) this examination shall not be a bar or waiver (14) to make such motion at, and is reserved for, (15) the trial of this action; (16) (17) IT IS FURTHER STIPULATED AND AGREED by (18) and between Counsel for the respective parties (19) hereto, that this examination may be sworn to (20) by the witness being examined, before a Notary (21) Public other than the Notary Public before (22) whom this examination was begun; but the (23) failure to do so, or to return the original of (24) this examination to Counsel, shall not be (25) deemed a waiver of the rights provided by Lexitas Court Reporting 800-678-0166 5 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 4] May 30, 2024 (1) Rules 3116 and 3117 of the C.P.L.R., and shall (2) be controlled thereby; (3) (4) IT IS FURTHER STIPULATED AND AGREED by (5) and between Counsel for the respective parties (6) hereto that this examination may be utilized (7) for all purposes as provided by the C.P.L.R.; (8) (9) IT IS FURTHER STIPULATED AND AGREED by (10) and between Counsel for the respective parties (11) hereto, that the filing and certification of (12) the original of this examination shall be and (13) the same hereby is waived; (14) (15) IT IS FURTHER STIPULATED AND AGREED by (16) and between Counsel for the respective parties (17) hereto that a copy of the within examination (18) shall be furnished to Counsel representing the (19) witness testifying without charge. (20) (21) IT IS FURTHER STIPULATED AND AGREED by (22) and between Counsel for the respective parties (23) hereto that all rights provided by the (24) C.P.L.R., and Part 221 of the Uniform Rules (25) for the Conduct of Depositions, including the Lexitas Court Reporting 800-678-0166 6 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 5] May 30, 2024 (1) right to object to any questions, except as to (2) form, or to move to strike any testimony at (3) this examination are reserved; and in (4) addition, the failure to object to any (5) question or to move to strike any testimony at (6) this examination shall not be a bar or waiver (7) to make such motion at, and is reserved to, (8) the trial of this action. (9) (10) IT IS FURTHER STIPULATED AND AGREED by (11) and between counsel for all parties present (12) that pursuant to C.P.L.R. section 3113(d) this (13) deposition is to be conducted by video (14) conference, that the court reporter, all (15) counsel, and the witness are all in separate (16) remote locations and participating via (17) videoconference (LegalView/Zoom) meeting under (18) the control of Lexitas Court Reporting (19) Service, that the officer administering the (20) oath to the witness need not be in the place (21) of the deposition and the witness shall be (22) sworn in remotely by the court reporter after (23) confirming the witness's identity, that this (24) videoconference will not be recorded in any (25) manner and that any recording without the Lexitas Court Reporting 800-678-0166 7 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 6] May 30, 2024 (1) express written consent of all parties shall (2) be considered unauthorized, in violation of (3) law, and shall not be used for any purpose in (4) this litigation or otherwise. (5) (6) IT IS FURTHER STIPULATED that exhibits (7) may be marked by the attorney presenting the (8) exhibit to the witness, and that a copy of any (9) exhibit presented to a witness shall be (10) e-mailed to or otherwise in possession of all (11) counsel prior to any questioning of a witness (12) regarding the exhibit in question. All (13) parties shall bear their own costs in the (14) conduct of this deposition by video (15) conference, not withstanding the obligation by (16) C.P.L.R. to supply a copy of the transcript to (17) the deposed party by the taking party in civil (18) litigation matters. (19) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 8 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 7] May 30, 2024 (1) G I L D A B R I C E N O, called as the (2) interpreter in this matter, was duly (3) sworn by a Notary Public of the State (4) of New York, to accurately and (5) faithfully translate the questions (6) propounded to the Witness from English (7) to Spanish and the answers given by (8) the witness from Spanish into English (9) (10) N E L I A R R O Y O, called as a Witness, (11) having been first duly sworn by a (12) Notary Public in and of the State of (13) New York, was examined and testified (14) as follows: (15) THE REPORTER: Please state (16) your name for the record. (17) THE WITNESS: Neli Arroyo. (18) THE REPORTER: Please state (19) your address for the record. (20) THE WITNESS: 1630 St. (21) Nicholas Avenue, Apartment 36, New (22) York, New York 10040. (23) EXAMINATION BY (24) MR. CARR: (25) MR. CARR: Good afternoon, Ms. Lexitas Court Reporting 800-678-0166 9 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 8] May 30, 2024 (1) N. ARROYO (2) Arroyo. My name is Tim Carr. I am (3) an attorney with Goldberg Segalla. (4) We are here today with respect to a (5) motor vehicle accident that occurred (6) on January 9th of 2020. (7) THE WITNESS: Yes. (8) MR. CARR: I'm not going to (9) ask you too many questions about the (10) accident, I'm going to ask you more (11) about your relationship with Uber. I (12) represent Uber. If you don't (13) understand one of my questions, let (14) me know and I will do my best to (15) rephrase in a way you do understand. (16) THE WITNESS: Thank you. (17) MR. CARR: We have an (18) interpreter here today, so to the (19) extent you do understand some (20) English, please just only communicate (21) in Spanish so that way the record is (22) clean. (23) THE WITNESS: Yes. (24) MR. CARR: If there is ever a (25) time where it comes to your attention Lexitas Court Reporting 800-678-0166 10 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 9] May 30, 2024 (1) N. ARROYO (2) that there might be some sort of (3) issue with the translation, different (4) languages have different dialects, if (5) there is ever an issue with the (6) translation just let us know and we (7) will do whatever we can to (8) accommodate. (9) THE WITNESS: Yes. (10) MR. CARR: Off the record. (11) (Whereupon, a discussion was (12) held off the record.) (13) EXAMINATION BY (14) MR. MENDEZ: (15) MR. MENDEZ: Ms. Arroyo, my (16) name is Alex Mendez. I'm an attorney (17) with the law firm of Eric Green and (18) Associates. I represent the (19) Plaintiff, Wanda Lopez. I will be (20) asking you some questions about the (21) accident that happened back in 2020, (22) okay? (23) THE WITNESS: Perfect. (24) MR. MENDEZ: The same (25) instructions that the other attorney Lexitas Court Reporting 800-678-0166 11 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 10] May 30, 2024 (1) N. ARROYO (2) gave you apply. I will give you some (3) other instructions but you understood (4) his instructions, correct? (5) THE WITNESS: Yes. (6) MR. MENDEZ: If you don't (7) understand my question, let us know (8) that you didn't understand it, I will (9) rephrase it in a way that you do (10) understand. You got that? (11) THE WITNESS: Yes. (12) MR. MENDEZ: We are on a Zoom (13) call, sometimes connections are bad, (14) you know, things cut in and out. If (15) you don't hear any portion of my (16) question or the interpreter. Let us (17) know. I don't want you to answer a (18) question if you didn't hear it, okay? (19) THE WITNESS: Yes. (20) MR. MENDEZ: Just like (21) Mr. Carr said just for everybody's (22) sake here and for the reporter (23) especially, just let me ask the (24) question and let the interpreter (25) translate before you give your Lexitas Court Reporting 800-678-0166 12 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 11] May 30, 2024 (1) N. ARROYO (2) answer, okay? (3) THE WITNESS: Okay. (4) MR. MENDEZ: If you need to (5) take a break for any reason I don't (6) need to know the reason, whether it's (7) maybe you need to use the restroom, (8) talk to your attorney, I don't care, (9) you don't need to tell me, but if you (10) nee a break that is fine, you just (11) let us know you can take a break. (12) The only thing is that you can't take (13) a break if I asked you a question and (14) you haven't answer it, do you (15) understand? (16) THE WITNESS: Yes. (17) Q. The address that you gave us, (18) is that your current address; correct? (19) A. Yes. (20) Q. Was that where you were living (21) back in January of 2020? (22) A. Yes. (23) Q. Currently where are you (24) testifying from? (25) A. In my house, the same address. Lexitas Court Reporting 800-678-0166 13 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 12] May 30, 2024 (1) N. ARROYO (2) Q. Is there anybody else in the (3) room with you or are you by yourself? (4) A. In the room I am by myself. (5) Q. I don't want to know any (6) conversation you had with your attorney, (7) but did you review anything in (8) preparation for your testimony? (9) A. No. (10) Q. Do you have any papers, (11) document, photographs or anything of that (12) sort in front of you? (13) A. No. (14) Q. So Ms. Arroyo, back in 2020 (15) did you have a valid driver's license? (16) A. Yes, of course. (17) Q. By whom was it issued, by what (18) state? (19) A. New York. (20) Q. When did you obtain that (21) license originally, when was the first (22) time you had a license to drive a car? (23) A. I don't remember if it was in (24) 2016 or '17. (25) Q. At some point did you obtain a Lexitas Court Reporting 800-678-0166 14 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 13] May 30, 2024 (1) N. ARROYO (2) commercial driver's license? (3) A. No. (4) Q. In order to drive for Uber do (5) you have any sort of special (6) certification, any special license or (7) anything of that sort? (8) MR. CARR: Just note my (9) objection. (10) A. For Uber class E and the TLC (11) plates. (12) Q. Tell me more about the TLC, (13) when did you receive that? (14) A. I think it was in 2017, I (15) think so. I don't remember very well, (16) but I think I have a long time with it. (17) Q. Since January of 2020 did any (18) of your licenses require you to wear any (19) sort of corrective lenses, glasses, (20) anything like that? (21) A. No. (22) Q. So you don't wear glasses or (23) contacts in your every day for reading, (24) distance or anything like that? (25) A. No. Lexitas Court Reporting 800-678-0166 15 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 14] May 30, 2024 (1) N. ARROYO (2) Q. In order to be licensed with (3) the TLC did you have to take any sort of (4) eye exam? (5) A. I don't remember. (6) Q. Before the accident in January (7) of 2020, do you recall the last time your (8) eyes were checked? (9) A. For the regular license, for (10) the one for the DMV. (11) Q. Prior to the accident in 2020, (12) how long prior to the accident did you (13) get them checked in terms of months, (14) weeks, if you can say? (15) A. I don't have any issue with my (16) sight, so I just have them to renew the (17) license. (18) Q. Nothing has changed with (19) respect to your eyesight since 2020? (20) A. No. (21) Q. Back in January of 2020, what (22) did you do for work? (23) A. Taxi. (24) Q. Did you have an employer, were (25) there any ride share apps that you worked Lexitas Court Reporting 800-678-0166 16 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 15] May 30, 2024 (1) N. ARROYO (2) with, who did you do the taxi work for? (3) MR. CARR: Note my objection. (4) A. Uber. (5) Q. In January of 2020 besides (6) Uber, were there any other ride share (7) apps or any other employers that you did (8) that type of work for? (9) MR. CARR: Note my objection. (10) A. No, Uber. (11) Q. In your capacity as driver (12) that would take people from one place to (13) another, the only person you did that for (14) was for Uber? (15) MR. CARR: Note my objection. (16) A. Yes, for the application. (17) Q. Besides Uber, besides being a (18) driver, did you do any other type of work (19) besides being a driver at that point in (20) 2020? (21) A. No, only that. (22) Q. I know it seems like an (23) obvious question, but what were your job (24) duties as a driver working with Uber? (25) A. Well, I turn on the Lexitas Court Reporting 800-678-0166 17 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 16] May 30, 2024 (1) N. ARROYO (2) application, when I get a call I take it, (3) that's it. (4) Q. So when would you say you (5) first started taking fares for Uber? (6) MR. CARR: Just note my (7) objection. (8) A. At the end of 2017. (9) Q. So from the time you started (10) in 2017 to January 2020, have you worked (11) consistently as a driver for that period (12) of time? (13) A. Yes, I did a lot of calls. (14) Q. Back in 2020 did you have any (15) sort of set schedule that you worked, set (16) hours that you worked, anything like (17) that? (18) A. No, just I used to get up very (19) early. I jump on the application and (20) worked. I take the calls and do the (21) work. (22) Q. I believe you said -- I think (23) you said that you got up early. What (24) would you describe getting up early as, (25) what does that mean? Lexitas Court Reporting 800-678-0166 18 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 17] May 30, 2024 (1) N. ARROYO (2) A. Do you want to know what time? (3) Q. Typically what time, if there (4) was a time that you would typically get (5) up and check the app to start working, (6) what time would that be? (7) A. I used to go out maybe around (8) 6:30 because that depend on where I used (9) to work, sometimes I had to get up very (10) early to move the cars. (11) Q. If you got up that early, was (12) there a typical time that you would stop (13) driving and start taking fares? (14) A. No, I used to go to the car, (15) to the vehicle and then start working (16) early. (17) Q. I have to ask this, I don't (18) mean any offense by it, it's something (19) that I have to ask, have you ever been (20) convicted of a crime. (21) MS. TRIVEDI: Note my (22) objection. (23) A. No, never. (24) Q. Prior to January 9th of 2020, (25) have any of your driver's license ever Lexitas Court Reporting 800-678-0166 19 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 18] May 30, 2024 (1) N. ARROYO (2) been suspended or revoked? (3) A. Never. (4) Q. Just for clarity sake, when we (5) talk about an accident in 2020, do you (6) recall what day the accident that we are (7) talking about happened on? (8) A. Yes. (9) Q. What date was that? (10) A. A weekday. I don't know. It (11) was a weekday, it was on a weekday. (12) Q. If I said that the accident (13) happened on January 9th of 2020, with (14) that refresh your recollection as to when (15) date it happened? (16) A. January, yes. (17) Q. Do you remember the specific (18) day of the week? (19) A. Not specifically, but I know (20) it was a weekday. (21) Q. Do you remember what time (22) approximately the accident happened? (23) A. Yes. (24) Q. What time would that be? (25) A. Between seven and eight. Lexitas Court Reporting 800-678-0166 20 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 19] May 30, 2024 (1) N. ARROYO (2) Before eight. (3) Q. Would that be seven or eight (4) in the morning or seven or eight in the (5) evening? (6) A. Not morning. (7) Q. The vehicle that you were in (8) an accident with, what kind of car was (9) that? (10) A. Rav4, 2016. (11) Q. That would be a Toyota Rav4? (12) A. Toyota Rav4, yes. (13) Q. Do you remember the color? (14) A. White. (15) Q. When did you obtain that (16) vehicle? (17) A. 2018. (18) Q. Were you the owner of that (19) car? (20) A. It was rented and now you can (21) say that it's mine. (22) Q. Back in 2020, who did you rent (23) it from? (24) A. Jem Leasing. (25) Q. Who is responsible for the Lexitas Court Reporting 800-678-0166 21 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 20] May 30, 2024 (1) N. ARROYO (2) maintenance of the vehicle back in (3) January of 2020? (4) A. Myself. (5) Q. Prior to the day of the (6) accident that we're talking about today, (7) do you recall the last time your Toyota (8) was inspected? (9) MS. TRIVEDI: Note my (10) objection to the form, she can (11) answer. (12) A. I always give the maintenance (13) even though still today I have the car. (14) Q. Just for clarity sake, when I (15) say inspection. I mean like an annual (16) inspection that is required by the state? (17) A. Okay (in English). (18) Q. Do you remember when that (19) would have been, your last inspection (20) prior to the day of the accident? (21) A. I don't remember, but every (22) time I have the due date I do my (23) inspection. (24) Q. To your knowledge when the (25) accident happened your inspection status Lexitas Court Reporting 800-678-0166 22 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 21] May 30, 2024 (1) N. ARROYO (2) was valid, your sticker was valid? (3) MS. TRIVEDI: Note my (4) objection to form. (5) A. Yes. (6) Q. Do you recall, if any, the (7) last time your Toyota was repaired prior (8) to the date of the accident? (9) MS. TRIVEDI: It wasn't her (10) vehicle at the time, you keep saying (11) your, so I don't know if you want to (12) rephrase it -- (13) MR. MENDEZ: That's fine, I'll (14) just refer to it as the Toyota then. (15) So do you need me to rephrase it or? (16) MS. TRIVEDI: If you don't (17) mind. (18) MR. MENDEZ: No problem. (19) Q. The Toyota that we are talking (20) about that you were driving when you got (21) into the accident, when was the last (22) time, if at all, it was repaired prior to (23) the date of the accident? (24) A. After. (25) Q. I'm asking about prior to the Lexitas Court Reporting 800-678-0166 23 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 22] May 30, 2024 (1) N. ARROYO (2) accident, was it ever repaired prior? (3) A. No. (4) Q. The Toyota, was it equipped (5) with any dash camera? (6) A. No, in that moment, no, in (7) that time, no. (8) Q. Was there a time where it was? (9) A. Later on. Jem Leasing install (10) because it's by the law. (11) Q. When you say later on, we are (12) talking about after January 9th of 2020? (13) A. Yes. (14) Q. Besides the dash camera, were (15) there any interior cameras back in (16) January of 2020? (17) A. No. (18) Q. When you were working using (19) that car to drive, to pick up fares, did (20) you utilize any sort of G-P-S device? (21) A. Yes, Waze. (22) Q. Can you describe what kind of (23) device you were using in terms of the (24) G-P-S? (25) A. My phone. Lexitas Court Reporting 800-678-0166 24 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 23] May 30, 2024 (1) N. ARROYO (2) Q. Where would your phone be when (3) you were using it as a GPS device, where (4) in the car would you have it? (5) MS. TRIVEDI: On the day of (6) the accident? (7) MR. MENDEZ: Yes. (8) A. In the AC that I have on the (9) phone with a holder. (10) Q. So I understand you, you had a (11) holder that attaches to the AC in front (12) and your phone clipped into that; is that (13) correct? (14) A. Correct. (15) Q. Besides the cell phone that (16) you had attached to this holder, would (17) you carry any other cell phone with you? (18) A. No, only that one. (19) MR. MENDEZ: Mr. Carr, if you (20) want to take over that's fine with (21) me. (22) MR. CARR: Thank you. (23) FURTHER EXAMINATION BY (24) MR. CARR: (25) MR. CARR: Good morning. Lexitas Court Reporting 800-678-0166 25 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 24] May 30, 2024 (1) N. ARROYO (2) Again, my name is Tim Carr. I (3) represent Uber. I just have some (4) questions with respect to your (5) relationship with Uber around the (6) time of the accident. (7) Q. Ms. Arroyo, at the time of the (8) accident you were licensed to use the (9) drivers version of the Uber app, is that (10) correct? (11) A. Correct. (12) Q. When you signed up to use the (13) driver version of the Uber app, is it (14) fair to say that you didn't have to (15) interview with anyone at Uber? (16) A. No. (17) Q. You didn't have to interview (18) with anyone, correct? (19) A. No. (20) Q. Did you have to interview with (21) anyone at Uber? (22) A. To use it, no. (23) Q. Once you started using the (24) Uber app did you have set hours? (25) A. I like in the morning, but Lexitas Court Reporting 800-678-0166 26 of 104 FILED: NEW YORK COUNTY CLERK 07/03/2024 08:52 AM INDEX NO. 158514/2021 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 07/03/2024 [Page 25] May 30, 2024 (1) N. ARROYO (2) sometimes I take it at night. (3) Q. You have set hours, right, you (4) could work whenever you wanted? (5) A. Exactly. (6) Q. You could log into and out of (7) the app whenever you wanted? (8) A. Yes. (9) Q. When you were ready and (10) available you would go in the app and (11) click "go online," is that true? (12) A. That's what I used to do. (13) Q. Would you agree that the app (14) provided you with flexibility? (15) A. Yes. (16) Q. Once a ride request would come (17) in, you can either accept or reject the (18) request or you could do nothing and it (19) would expire; is that true? (20) A. If I didn't take it, it would (21) effect me. (22) Q. That was not my question, once (23) a ride request comes in, you can either (24) accept the request, you can reject the (25) request or you could do nothing and the Lexitas Court Reporting 800-678-0166 27 of 104 FILE