Preview
FILED: SUFFOLK COUNTY CLERK 07/14/2016 04:25 PM RECEIVED INDEX
NYSCEF: NO. 611214/2015
02/16/2016
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 07/14/2016
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 609082/2015
COUNTY OF SUFFOLK
-----------------------------------------------------X
ALICIA M. ARUNDEL,
Plaintiff designates
Plaintiff, Suffolk COlmty as the
place for trial.
-against-
The basis· of venue is
Plaintiff's residence.
STEVEN D. ROMEO, ROMEO DIMON MARINE AMENDED
SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS SUMMONS
LIMOUSINE, INC., THE COUNTY OF SUFFOLK, and
THE TOWN OF SOUTHOLD, Plaintiff resides in
E. Setauket, New York
Defendants.
COUNTY OF SUFFOLK
-------------------------------X
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action
and to serve a copy of your answer, or, if the Complaint is not served with this
Summons, to serve a Notice of Appearance on the Plaintiff's attorney(s) within 20
days after the service of this Summons, exclusive of the day of service (or within 30
days after the service is complete if this summons is not personally delivered to you
within the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the
Complaint.
Dated: Garden City, New York
February 9, , 2016
Yours, etc.,
THE BONGIORNO LAW FIRM, PLLC
BY:
ra ldon M. Cruz, Esq.
A omeys for Plaintiff
ALICIA M. ARUNDEL
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
Our File No.:6230.PP
Defendant's Addresses:
STEVEN D. ROMEO
c/o LEWIS JOHS A VALLONE & A VILES, LLP
Attorneys f01' Defendant
STEVEN D. ROMEO
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
ROMEO DIMON MARINE SERVICES, INC.
c/o CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
CARLOS F. PINO
AHMUTY DEMER & McMANUS, ESQS.
Attorneys for Defendants
CARLOS F. PINO
200 LU. Willets Road
Albertson, New York 11507
(516) 294-5433
ULTIMATE CLASS LIMOUSINE, INC.
AHMUTY DEMER & McMANUS, ESQS.
Attorneys for Defendants
ULTIMA TE CLASS LIMOUSINE, INC.
200 LU. Willets Road
Albertson, New York 11507
(516) 294-5433
THE COUNTY OF SUFFOLK
Suffolk County Attorney
H. Lee Dennison Building
100 Veterans Memorial Hwy.
P.O. Box 6100
Hauppauge, NY 11788
THE TOWN OF SOUTHOLD
53095 Route 25 (Main Road)
Southold, New York 11971
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------X Index No.: 609082/2015
ALICIA M. ARUNDEL,
Plaintiff,
-against-
VERIFIED
AMENDED
COMPLAINT
STEVEN D. ROMEO, ROMEO DIMON MARINE
SERVICES, INC., CARLOS F. PINO, and ULTIMATE
CLASS LIMOUSINE, INC., THE COUNTY OF
SUFFOLK, and THE TOWN OF SOUTHOLD,
Defendants.
----------------------------------------------------------X
Plaintiff, ALICIA M. ARUNDEL, by her attorneys, THE BONGIORNO LAW
FIRM, PLLC, as and for her Amended Verified Complaint herein, respectfully sets
forth and alleges upon information and belief as follows:
1. That the plaintiff, ALICIA M. ARUNDEL, is a resident of the C01mty of
SUFFOLK, in the State of New York.
2. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, STEVEN D. ROMEO, was
and still is a natural person residing in the County of Suffolk, State of New York.
3. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, ROMEO DIMON MARINE
SERVICES, INC., was and still is a domestic business corporation duly organized
and existing under and by virtue of the laws of the State of New York.
4. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, ROMEO DIMON MARINE
SERVICES, INC., transacted business in the State of New York.
5. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, ROMEO DIMON MARINE
SERVICES, INC., maintained its principal offices in the County of Suffolk, State of
New York.
6. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, CARLOS F. PINO, was and·
still is a natural person residing in the County of Nassau, State of New York.
7. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, ULTIMATE CLASS
LIMOUSINE, INC., was and still is a domestic business corporation duly organized
and existing under and by virtue of the laws of the State of New York.
8. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, ULTIMATE CLASS
LIMOUSINE, INC., transacted business in the State of New York.
9. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, ULTIMATE CLASS
LIMOUSINE, INC., maintained its principal offices in the County of Nassau, State of
New York.
10. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, THE COUNTY OF
SUFFOLK, was and still continues to be a municipal corporation organized and
existing by virtue of the laws of the State of New York.
11. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, upon information and belief, the defendant, THE TOWN OF
SOUTHOLD, was and still continues to be a municipal corporation organized and
existing by virtue of the laws of the State of New York.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT, STEVEN D. ROMEO
(Motor Vehicle Owner and Operator Negligence)
12. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
enumerated hereunder.
13. That upon information and belief, on July 18, 2015, and at all times
hereinafter mentioned, the defendant, STEVEN D. ROMEO, was the owner of a 2005
Dodge pickup truck bearing New York State license plate number EFC3050.
14. That upon information and belief, on July 18, 2015, and at all times
hereinafter mentioned, the defendant, STEVEN D. ROMEO, was the operator of a
2005 Dodge pickup truck bearing New York State license plate number EFC3050.
15. That upon information and belief, on July 18, 2015, and at all times
hereinafter mentioned, the aforementioned 2005 Dodge pickup truck bearing New
York State license plate number EFC3050 was being operated with the permission
and/ or consent, express or implied, of its owner.
16. That on July 18, 2015, and at all times hereinafter mentioned, the
plaintiff, ALICIA M. ARUNDEL, was a passenger in a 2007 Lincoln limousine
bearing New York State license plate number NI02124C, at or near the intersection
of County Road 48 and Depot Lane, in the Town of Southold, County of Suffolk,
State of New York.
17. That on July 18, 2015, and at all times hereinafter mentioned, the
defendant, STEVEN D. ROMEO, was operating the aforementioned 2005 Dodge
pickup truck bearing New York State license plate number EFC3050, in the
westbound lanes of County Road 48 at or near its intersection with Depot Lane, in
the Town of Southold, County of Suffolk, State of New York.
18. That on July 18, 2015, and at all times hereinafter mentioned, the
defendant, STEVEN D. ROMEO, had a duty to own, operate, maintain and control
the aforesaid 2005 Dodge pickup truck bearing New York State license plate number
EFC3050 in a safe, reasonable and careful manner in accordance with the Vehicle and
Traffic Laws of the State of New York.
19. That on July 18, 2015, and at all times hereinafter mentioned, the
defendant, STEVEN D. ROMEO, was careless and negligent in the operation of the
aforementioned 2005 Dodge pickup truck bearing New York State license plate
number EFC3050.
20. That on July 18, 2015, and at all times hereinafter mentioned, the
defendant, STEVEN D. ROMEO, operated the 2005 Dodge pickup truck bearing
New York State license plate number EFC3050 so as to cause the same to come into
contact with and strike the 2007 Lincoln limousine bearing New York State license
plate number N102124C in which the plaintiff was a passenger.
21. That the aforesaid occurrence was caused solely by the negligence of
the defendant, STEVEN D. ROMEO, as aforesaid, without the plaintiff contributing
thereto, in that said 2005 Dodge pickup truck bearing New York State license plate
number EFC3050 was owned, operated, maintained and controlled in a careless,
reckless and negligent manner, in violation of the defendant's duty of care, and in
violation of the Vehicle and Traffic Laws of the State of New York.
22. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
sustained severe, permanent, and life altering injuries and damages.
23. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
24. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is
entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section
5102 of the Insurance Law of the State of New York, and for such economic losses
that are not included within definition of "Basic Economic Loss", as set forth in
Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New
York.
25. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has
been damaged in an amount that exceeds the jurisdictional limitations of all lower
courts.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICES, INC.
(Respondeat Superior)
26. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
enumerated hereunder.
27. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, the defendant, STEVEN D. ROMEO, was an agent, servant, and/ or
employee of the defendant, ROMEO DIMON MARINE SERVICES, INC.
28. That on July 18, 2015, and at all times hereinafter mentioned, the
defendant, STEVEN D. ROMEO, was operating the aforementioned 2005 Dodge
pickup truck bearing New York State license plate number EFC3050, at the time of
the aforesaid occurrence, pursuant to his employment, responsibilities, and/ or
duties for and on behalf of the defendant, ROMEO DIMON MARINE SERVICES,
INC.
29. That on July 18, 2015, and at all times hereinafter mentioned, the
aforesaid incident occurred while the defendant, STEVEN D. ROMEO, was acting
within the scope of his employment, responsibilities, and/ or duties for and on behalf
of the defendant, ROMEO DIMON MARINE SERVICES, INC., and in furtherance of
the business of ROMEO DIMON MARINE SERVICES, INC.
30. That solely as a result of the negligence of its agent, servant, and/ or
employee, STEVEN D. ROMEO, as described above, the defendant, ROMEO
DIMON MARINE SERVICES, INC., is liable to the plaintiff.
31. That the aforesaid accident occurred solely and wholly as a result of
the negligence of the defendant, ROMEO DIMON MARINE SERVICES, INC., its
agents, servants, and/or employees, as aforesaid, without any contributory
negligence on the part of the plaintiff, ALICIA M. ARUNDEL.
32. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
sustained severe, permanent, and life altering injuries and damages.
33. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
34. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is
entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section
5102 of the Insurance Law of the State of New York, and for such economic losses
that are not included within definition of "Basic Economic Loss", as set forth in
Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New
York.
35. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has
been damaged in an amount that exceeds the jurisdictional limitations of all lower
courts.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICES, INC.
(Negligent Hiring and Retention)
36. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
enumerated hereunder.
37. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, the defendant, STEVEN D. ROMEO, was an agent, servant, and/or
employee of the defendant, ROMEO DIMON MARINE SERVICES, INC.
38. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, the defendant, ROMEO DIMON MARINE SERVICES, INC., had a duty
and obligation to exercise reasonable care with respect to the hiring, screening,
employing, training, management, control, retention and supervision of its
employees.
39. That prior to and on July 18, 2015, and at all times hereinafter
mentioned, the defendant, ROMEO DIMON MARINE SERVICES, INC., itsagents,
servants, and/or employees, were negligent, reckless, and careless in the hiring,
screening, employing, training, management, retention, control, and supervision of
its agents, servants, and/ or employees, including, but not limited to, the defendant,
STEVEN D. ROMEO.
40. That the aforesaid accident occurred solely and wholly as a result of
the negligence of the defendant, ROMEO DIMON MARINE SERVICES, INC., its
agents, servants, and/or employees, as aforesaid, without any contributory
negligence on the part of the plaintiff, ALICIA M. ARUNDEL.
41. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
sustained severe, permanent, and life altering injuries and damages.
42. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
43. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is
entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section
5102 of the Insurance Law of the State of New York, and for such economic losses
that are not included within definition of "Basic Economic Loss", as set forth in
Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New
York.
44. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has
been damaged in an amount that exceeds the jurisdictional limitations of all lower
courts.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST DEFENDANTS, CARLOS F. PINO
and ULTIMATE CLASS LIMOUSINE, INC.
(Motor Vehicle Owner and Operator Negligence)
45. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
enumerated hereunder.
46. That upon information and belief, on July 18, 2015, and at all times
hereinafter mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., was
the owner of 2007 Lincoln limousine bearing New York State license plate number
N102124C.
47. That upon information and belief, on July 18, 2015, and at all times
hereinafter mentioned, the defendant, CARLOS F. PINO, was the operator of said
2007 Lincoln limousine bearing New York State license plate number N102124C.
48. That upon information and belief, on July 18, 2015, and at all times
hereinafter mentioned, the aforementioned 2007 Lincoln limousine bearing New
York State license plate number N102124C was being operated with the permission
and/ or consent, express or implied, of its owner.
49. That on July 18, 2015, and at all times hereinafter mentioned, the
plaintiff, ALICIA M. ARUNDEL, was a passenger in the aforementioned 2007
Lincoln limousine bearing New York State license plate number N102124C.
50. That on July 18, 2015, said 2007 Lincoh1 limousine bearing New York
State license plate number NI02124C was being operated at or in the intersection of
County Road 48 and Depot Lane, in the Town of Southold, County of Suffolk, State
of New York.
51. That on July 18, 2015, the co-defendant, STEVEN D. ROMEO, was
operating the aforementioned 2005 Dodge pickup truck bearing New York State
license plate number EFC3050, in the westbound lanes of County Road 48 at or near
its intersection with Depot Lane, in the Town of Southold, County of Suffolk, State of
New York.
52. That on July 18, 2015, and at all tin1es hereinafter mentioned, the
defendant, CARLOS F. PINO, had a duty to own, operate, maintain and control the
aforesaid 2007 Lincoln limousine bearing New York State license plate number
NI02124C in a safe, reasonable and careful manner in accordance with the Vehicle
and Traffic Laws of the State of New York.
53. That on July 18, 2015, and at all tin1es hereinafter mentioned, the
defendant, ULTIMATE CLASS LIMOUSINE, INC., had a duty to own, operate,
maintain and control the aforesaid 2007 Lincoln limousine bearing New York State
license plate number NI02124C in a safe, reasonable and careful marmer in
accordance with the Vehicle and Traffic Laws of the State of New York.
54. That on July 18, 2015, the defendant, CARLOS F. PINO, was careless
and negligent in the operation of the aforementioned 2007 Lincoln limousine bearing
New York State license plate number NI02124C.
55. That on July 18, 2015, the defendant, CARLOS F. PINO, operated the
aforementioned 2007 Lincoln limousine bearing New York State license plate
number N102124C so as to cause the same to come into contact with the
aforementioned 2005 Dodge pickup truck bearing New York State license plate
number EFC3050, at the intersection of County Road 48 and Depot Lane, in the
Town of Southold, County of Suffolk, State of New York.
56. That the aforesaid occurrence was caused solely by the negligence of
the defendants, CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC., as
aforesaid, without the plaintiff contributing thereto, in that said 2007 Lincoln
limousine bearing New York State license plate number Nl02124C was owned,
operated, maintained and controlled in a careless, reckless and negligent manner, in
violation of the defendants' respective duties of care, and in violation of the Vehicle
and Traffic Laws of the State of New York.
57. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
sustained severe, permanent, and life altering injuries and damages.
58. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
59. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is
entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section
5102 of the Insurance Law of the State of New York, and for such economic losses
that are not included within definition of "Basic Economic Loss", as set forth in
Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New
York.
60. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has
been damaged in an amount that exceeds the jurisdictional limitations of all lower
courts.
AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC
(Respondeat Superior)
61. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
enumerated hereunder.
62. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, the defendant, CARLOS F. PINO, was an agent, servant, and/or
employee of the defendant, ULTIMATE CLASS LIMOUSINE, INC
63. That on July 18, 2015, and at all times hereinafter mentioned, the
defendant, CARLOS F. PINO, was operating the aforementioned 2007 Lincoln
limousine bearing New York State license plate number N102124C, at the time of the
aforesaid occurrence, pursuant to his employment, responsibilities, and/or duties
for and on behalf of the defendant, ULTIMATE CLASS LIMOUSINE, INC
64. That on July 18, 2015, and at all times hereinafter mentioned, the
aforesaid incident occurred while the defendant, CARLOS F. PINO, was acting
within the scope of his employment, responsibilities, and/ or duties for and on behalf
of the defendant, ULTIMATE CLASS LIMOUSINE, INC., and in furtherance of the
business of ULTIMATE CLASS LIMOUSINE, INC.
65. That solely as a result of the negligence of its agent, servant, and/ or
employee, CARLOS F. PINO, as described above, the defendant, ULTIMATE CLASS
LIMOUSINE, INC., is liable to the plaintiff.
66. That the aforesaid accident occurred solely and wholly as a result of
the negligence of the defendant, ULTIMATE CLASS LIMOUSINE, INC., its agents,
servants, and/or employees, as aforesaid, without any contributory negligence on
the part of the plaintiff, ALICIA M. ARUNDEL.
67. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
sustained severe, permanent, and life altering injuries and damages.
68. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
69. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is
entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section
5102 of the Insurance Law of the State of New York, and for such economic losses
that are not included within definition of "Basic Economic Loss", as set forth in
Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New
York.
70. That as a result of the foregOing, plaintiff, ALICIA M. ARUNDEL, has
been damaged in an amount that exceeds the jurisdictional limitations of all lower
courts.
AS AND FOR A SIXTH CAUSE OF ACTION
AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC.
(Negligent Hiring and Retention)
71. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
enumerated hereunder.
72. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, the defendant, CARLOS F. PINO, was an agent, servant, and/or
employee of the defendant, ULTIMATE CLASS LIMOUSINE, INC.
73. That on and prior to July 18, 2015, and at all times hereinafter
mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., had a duty and
obligation to exercise reasonable care with respect to the hiring, screening,
employing, training, management, control, retention and supervision of its
employees.
74. That prior to and on July 18, 2015, and at all times hereinafter
mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., its agents,
servants, and/ or employees, were negligent, reckless, and careless in the hiring,
screening, employing, training, management, retention, control, and supervision of
its agents, servants, and/ or employees, including, but not limited to, the defendant,
CARLOS F. PINO.
75. That the aforesaid accident occurred solely and wholly as a result of
the negligence of the defendant, ULTIMATE CLASS LIMOUSINE, INC., itsagents,
servants, and/ or employees, as aforesaid, without any contributory negligence on
the part of the plaintiff, ALICIA M. ARUNDEL.
76. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
sustained severe, permanent, and life altering injuries and damages.
77. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL,
suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
78. 111at by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is
entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section
5102 of the Insurance Law of the State of New York, and for such economic losses
that are not included within definition of "Basic Economic Loss", as set forth in
Section 5102 Subdivisions (a), (b) and (c), of the Insurance Law of the State of New
York.
79. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has
been damaged in an amount that exceeds the jurisdictional limitations of all lower
courts.
AS AND FOR A SEVENTH CAUSE OF ACTION
AGAINST DEFENDANT, THE COUNTY OF SUFFOLK
(Negligent Traffic DesignlPlanningl
80. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each
and every allegation of this complaint with the same force and effect as if separately
emunerated hereunder.
81. That on and prior to July 18, 2015, there existed a certain roadway
known as County Road 48, in the Town of Southold, County of Suffolk, State of New
York.
82. That on and prior to July 18, 2015, there existed a certain roadway
known as Depot Lane, in the Town of Southold, County of Suffolk, State of New
York.
83. That on and prior to July 18, 2015, County Road 48 and Depot Lane
intersected each other, in the Town of Southold, County of Suffolk, State of New
York.
84. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, owned the aforementioned roadways.
85. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, owned the aforementioned intersection.
86. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, operated the aforementioned roadways.
87. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, operated the aforementioned intersection.
88. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SOFFOLK, maintained the aforementioned roadways.
89. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, maintained the aforementioned intersection.
90. That on and prior to July 18,2015, the defendant, THE COUNTY OF
SUFFOLK, was responsible for the maintenance of the aforementioned roadways.
91. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, was responsible for the maintenance of the aforementioned intersection.
92. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, managed the aforementioned roadways.
93. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, managed the aforementioned intersection.
94. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, controlled the aforementioned roadways.
95. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, controlled the aforementioned intersection.
96. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, repaired the aforementioned roadways.
97. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, repaired the aforementioned intersection.
98. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to install proper and necessary traffic control
device(s) and/ or traffic control sign(s) at the subject intersection (including, but not
limited to, a traffic light, a no u-turn sign, yield signs, warning signs and/ or flashing
lights).
99. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to perform reasonable and adequate traffic
studies.
100. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to properly maintain the subject intersection.
101. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to keep and maintain the subject roadways
and intersection in a reasonably safe condition.
102. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to properly design and construct and control
the subject intersection.
103. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to properly install traffic control devices
and/ or signs.
104. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to repair missing traffic control devices and/ or
signs.
105. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to direct the installation of any traffic control
devices or traffic signs to safely control vehicular traffic at the aforesaid intersection,.
106. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation and to implement and effectuate plans to
remedy dangerous traffic and roadway conditions within a reasonable time.
107. That on and prior to July 18, 2015, the defendant, THE COUNTY OF
SUFFOLK, had a duty and obligation to design the aforementioned roadways and
their intersection in
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FILED: SUFFOLK COUNTY CLERK 07/14/2016 04:25 PM RECEIVED INDEX NYSCEF: NO. 611214/2015 02/16/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 07/14/2016 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 609082/2015 COUNTY OF SUFFOLK -----------------------------------------------------X ALICIA M. ARUNDEL, Plaintiff designates Plaintiff, Suffolk COlmty as the place for trial. -against- The basis· of venue is Plaintiff's residence. STEVEN D. ROMEO, ROMEO DIMON MARINE AMENDED SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS SUMMONS LIMOUSINE, INC., THE COUNTY OF SUFFOLK, and THE TOWN OF SOUTHOLD, Plaintiff resides in E. Setauket, New York Defendants. COUNTY OF SUFFOLK -------------------------------X To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the Plaintiff's attorney(s) within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Garden City, New York February 9, , 2016 Yours, etc., THE BONGIORNO LAW FIRM, PLLC BY: ra ldon M. Cruz, Esq. A omeys for Plaintiff ALICIA M. ARUNDEL 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 Our File No.:6230.PP Defendant's Addresses: STEVEN D. ROMEO c/o LEWIS JOHS A VALLONE & A VILES, LLP Attorneys f01' Defendant STEVEN D. ROMEO One CA Plaza, Suite 225 Islandia, New York 11749 (631) 755-0101 ROMEO DIMON MARINE SERVICES, INC. c/o CASCONE & KLUEPFEL, LLP Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 CARLOS F. PINO AHMUTY DEMER & McMANUS, ESQS. Attorneys for Defendants CARLOS F. PINO 200 LU. Willets Road Albertson, New York 11507 (516) 294-5433 ULTIMATE CLASS LIMOUSINE, INC. AHMUTY DEMER & McMANUS, ESQS. Attorneys for Defendants ULTIMA TE CLASS LIMOUSINE, INC. 200 LU. Willets Road Albertson, New York 11507 (516) 294-5433 THE COUNTY OF SUFFOLK Suffolk County Attorney H. Lee Dennison Building 100 Veterans Memorial Hwy. P.O. Box 6100 Hauppauge, NY 11788 THE TOWN OF SOUTHOLD 53095 Route 25 (Main Road) Southold, New York 11971 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------X Index No.: 609082/2015 ALICIA M. ARUNDEL, Plaintiff, -against- VERIFIED AMENDED COMPLAINT STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC., CARLOS F. PINO, and ULTIMATE CLASS LIMOUSINE, INC., THE COUNTY OF SUFFOLK, and THE TOWN OF SOUTHOLD, Defendants. ----------------------------------------------------------X Plaintiff, ALICIA M. ARUNDEL, by her attorneys, THE BONGIORNO LAW FIRM, PLLC, as and for her Amended Verified Complaint herein, respectfully sets forth and alleges upon information and belief as follows: 1. That the plaintiff, ALICIA M. ARUNDEL, is a resident of the C01mty of SUFFOLK, in the State of New York. 2. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, STEVEN D. ROMEO, was and still is a natural person residing in the County of Suffolk, State of New York. 3. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, ROMEO DIMON MARINE SERVICES, INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 4. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, ROMEO DIMON MARINE SERVICES, INC., transacted business in the State of New York. 5. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, ROMEO DIMON MARINE SERVICES, INC., maintained its principal offices in the County of Suffolk, State of New York. 6. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, CARLOS F. PINO, was and· still is a natural person residing in the County of Nassau, State of New York. 7. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, ULTIMATE CLASS LIMOUSINE, INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 8. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, ULTIMATE CLASS LIMOUSINE, INC., transacted business in the State of New York. 9. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, ULTIMATE CLASS LIMOUSINE, INC., maintained its principal offices in the County of Nassau, State of New York. 10. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, THE COUNTY OF SUFFOLK, was and still continues to be a municipal corporation organized and existing by virtue of the laws of the State of New York. 11. That on and prior to July 18, 2015, and at all times hereinafter mentioned, upon information and belief, the defendant, THE TOWN OF SOUTHOLD, was and still continues to be a municipal corporation organized and existing by virtue of the laws of the State of New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT, STEVEN D. ROMEO (Motor Vehicle Owner and Operator Negligence) 12. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 13. That upon information and belief, on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was the owner of a 2005 Dodge pickup truck bearing New York State license plate number EFC3050. 14. That upon information and belief, on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was the operator of a 2005 Dodge pickup truck bearing New York State license plate number EFC3050. 15. That upon information and belief, on July 18, 2015, and at all times hereinafter mentioned, the aforementioned 2005 Dodge pickup truck bearing New York State license plate number EFC3050 was being operated with the permission and/ or consent, express or implied, of its owner. 16. That on July 18, 2015, and at all times hereinafter mentioned, the plaintiff, ALICIA M. ARUNDEL, was a passenger in a 2007 Lincoln limousine bearing New York State license plate number NI02124C, at or near the intersection of County Road 48 and Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 17. That on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was operating the aforementioned 2005 Dodge pickup truck bearing New York State license plate number EFC3050, in the westbound lanes of County Road 48 at or near its intersection with Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 18. That on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, had a duty to own, operate, maintain and control the aforesaid 2005 Dodge pickup truck bearing New York State license plate number EFC3050 in a safe, reasonable and careful manner in accordance with the Vehicle and Traffic Laws of the State of New York. 19. That on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was careless and negligent in the operation of the aforementioned 2005 Dodge pickup truck bearing New York State license plate number EFC3050. 20. That on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, operated the 2005 Dodge pickup truck bearing New York State license plate number EFC3050 so as to cause the same to come into contact with and strike the 2007 Lincoln limousine bearing New York State license plate number N102124C in which the plaintiff was a passenger. 21. That the aforesaid occurrence was caused solely by the negligence of the defendant, STEVEN D. ROMEO, as aforesaid, without the plaintiff contributing thereto, in that said 2005 Dodge pickup truck bearing New York State license plate number EFC3050 was owned, operated, maintained and controlled in a careless, reckless and negligent manner, in violation of the defendant's duty of care, and in violation of the Vehicle and Traffic Laws of the State of New York. 22. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, sustained severe, permanent, and life altering injuries and damages. 23. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 24. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, and for such economic losses that are not included within definition of "Basic Economic Loss", as set forth in Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New York. 25. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has been damaged in an amount that exceeds the jurisdictional limitations of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICES, INC. (Respondeat Superior) 26. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 27. That on and prior to July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was an agent, servant, and/ or employee of the defendant, ROMEO DIMON MARINE SERVICES, INC. 28. That on July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was operating the aforementioned 2005 Dodge pickup truck bearing New York State license plate number EFC3050, at the time of the aforesaid occurrence, pursuant to his employment, responsibilities, and/ or duties for and on behalf of the defendant, ROMEO DIMON MARINE SERVICES, INC. 29. That on July 18, 2015, and at all times hereinafter mentioned, the aforesaid incident occurred while the defendant, STEVEN D. ROMEO, was acting within the scope of his employment, responsibilities, and/ or duties for and on behalf of the defendant, ROMEO DIMON MARINE SERVICES, INC., and in furtherance of the business of ROMEO DIMON MARINE SERVICES, INC. 30. That solely as a result of the negligence of its agent, servant, and/ or employee, STEVEN D. ROMEO, as described above, the defendant, ROMEO DIMON MARINE SERVICES, INC., is liable to the plaintiff. 31. That the aforesaid accident occurred solely and wholly as a result of the negligence of the defendant, ROMEO DIMON MARINE SERVICES, INC., its agents, servants, and/or employees, as aforesaid, without any contributory negligence on the part of the plaintiff, ALICIA M. ARUNDEL. 32. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, sustained severe, permanent, and life altering injuries and damages. 33. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 34. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, and for such economic losses that are not included within definition of "Basic Economic Loss", as set forth in Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New York. 35. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has been damaged in an amount that exceeds the jurisdictional limitations of all lower courts. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICES, INC. (Negligent Hiring and Retention) 36. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 37. That on and prior to July 18, 2015, and at all times hereinafter mentioned, the defendant, STEVEN D. ROMEO, was an agent, servant, and/or employee of the defendant, ROMEO DIMON MARINE SERVICES, INC. 38. That on and prior to July 18, 2015, and at all times hereinafter mentioned, the defendant, ROMEO DIMON MARINE SERVICES, INC., had a duty and obligation to exercise reasonable care with respect to the hiring, screening, employing, training, management, control, retention and supervision of its employees. 39. That prior to and on July 18, 2015, and at all times hereinafter mentioned, the defendant, ROMEO DIMON MARINE SERVICES, INC., itsagents, servants, and/or employees, were negligent, reckless, and careless in the hiring, screening, employing, training, management, retention, control, and supervision of its agents, servants, and/ or employees, including, but not limited to, the defendant, STEVEN D. ROMEO. 40. That the aforesaid accident occurred solely and wholly as a result of the negligence of the defendant, ROMEO DIMON MARINE SERVICES, INC., its agents, servants, and/or employees, as aforesaid, without any contributory negligence on the part of the plaintiff, ALICIA M. ARUNDEL. 41. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, sustained severe, permanent, and life altering injuries and damages. 42. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 43. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, and for such economic losses that are not included within definition of "Basic Economic Loss", as set forth in Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New York. 44. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has been damaged in an amount that exceeds the jurisdictional limitations of all lower courts. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANTS, CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC. (Motor Vehicle Owner and Operator Negligence) 45. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 46. That upon information and belief, on July 18, 2015, and at all times hereinafter mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., was the owner of 2007 Lincoln limousine bearing New York State license plate number N102124C. 47. That upon information and belief, on July 18, 2015, and at all times hereinafter mentioned, the defendant, CARLOS F. PINO, was the operator of said 2007 Lincoln limousine bearing New York State license plate number N102124C. 48. That upon information and belief, on July 18, 2015, and at all times hereinafter mentioned, the aforementioned 2007 Lincoln limousine bearing New York State license plate number N102124C was being operated with the permission and/ or consent, express or implied, of its owner. 49. That on July 18, 2015, and at all times hereinafter mentioned, the plaintiff, ALICIA M. ARUNDEL, was a passenger in the aforementioned 2007 Lincoln limousine bearing New York State license plate number N102124C. 50. That on July 18, 2015, said 2007 Lincoh1 limousine bearing New York State license plate number NI02124C was being operated at or in the intersection of County Road 48 and Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 51. That on July 18, 2015, the co-defendant, STEVEN D. ROMEO, was operating the aforementioned 2005 Dodge pickup truck bearing New York State license plate number EFC3050, in the westbound lanes of County Road 48 at or near its intersection with Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 52. That on July 18, 2015, and at all tin1es hereinafter mentioned, the defendant, CARLOS F. PINO, had a duty to own, operate, maintain and control the aforesaid 2007 Lincoln limousine bearing New York State license plate number NI02124C in a safe, reasonable and careful manner in accordance with the Vehicle and Traffic Laws of the State of New York. 53. That on July 18, 2015, and at all tin1es hereinafter mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., had a duty to own, operate, maintain and control the aforesaid 2007 Lincoln limousine bearing New York State license plate number NI02124C in a safe, reasonable and careful marmer in accordance with the Vehicle and Traffic Laws of the State of New York. 54. That on July 18, 2015, the defendant, CARLOS F. PINO, was careless and negligent in the operation of the aforementioned 2007 Lincoln limousine bearing New York State license plate number NI02124C. 55. That on July 18, 2015, the defendant, CARLOS F. PINO, operated the aforementioned 2007 Lincoln limousine bearing New York State license plate number N102124C so as to cause the same to come into contact with the aforementioned 2005 Dodge pickup truck bearing New York State license plate number EFC3050, at the intersection of County Road 48 and Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 56. That the aforesaid occurrence was caused solely by the negligence of the defendants, CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC., as aforesaid, without the plaintiff contributing thereto, in that said 2007 Lincoln limousine bearing New York State license plate number Nl02124C was owned, operated, maintained and controlled in a careless, reckless and negligent manner, in violation of the defendants' respective duties of care, and in violation of the Vehicle and Traffic Laws of the State of New York. 57. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, sustained severe, permanent, and life altering injuries and damages. 58. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 59. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, and for such economic losses that are not included within definition of "Basic Economic Loss", as set forth in Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New York. 60. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has been damaged in an amount that exceeds the jurisdictional limitations of all lower courts. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC (Respondeat Superior) 61. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 62. That on and prior to July 18, 2015, and at all times hereinafter mentioned, the defendant, CARLOS F. PINO, was an agent, servant, and/or employee of the defendant, ULTIMATE CLASS LIMOUSINE, INC 63. That on July 18, 2015, and at all times hereinafter mentioned, the defendant, CARLOS F. PINO, was operating the aforementioned 2007 Lincoln limousine bearing New York State license plate number N102124C, at the time of the aforesaid occurrence, pursuant to his employment, responsibilities, and/or duties for and on behalf of the defendant, ULTIMATE CLASS LIMOUSINE, INC 64. That on July 18, 2015, and at all times hereinafter mentioned, the aforesaid incident occurred while the defendant, CARLOS F. PINO, was acting within the scope of his employment, responsibilities, and/ or duties for and on behalf of the defendant, ULTIMATE CLASS LIMOUSINE, INC., and in furtherance of the business of ULTIMATE CLASS LIMOUSINE, INC. 65. That solely as a result of the negligence of its agent, servant, and/ or employee, CARLOS F. PINO, as described above, the defendant, ULTIMATE CLASS LIMOUSINE, INC., is liable to the plaintiff. 66. That the aforesaid accident occurred solely and wholly as a result of the negligence of the defendant, ULTIMATE CLASS LIMOUSINE, INC., its agents, servants, and/or employees, as aforesaid, without any contributory negligence on the part of the plaintiff, ALICIA M. ARUNDEL. 67. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, sustained severe, permanent, and life altering injuries and damages. 68. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 69. That by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, and for such economic losses that are not included within definition of "Basic Economic Loss", as set forth in Section 5102 Subdivisions (a), (b) and (c),of the Insurance Law of the State of New York. 70. That as a result of the foregOing, plaintiff, ALICIA M. ARUNDEL, has been damaged in an amount that exceeds the jurisdictional limitations of all lower courts. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC. (Negligent Hiring and Retention) 71. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately enumerated hereunder. 72. That on and prior to July 18, 2015, and at all times hereinafter mentioned, the defendant, CARLOS F. PINO, was an agent, servant, and/or employee of the defendant, ULTIMATE CLASS LIMOUSINE, INC. 73. That on and prior to July 18, 2015, and at all times hereinafter mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., had a duty and obligation to exercise reasonable care with respect to the hiring, screening, employing, training, management, control, retention and supervision of its employees. 74. That prior to and on July 18, 2015, and at all times hereinafter mentioned, the defendant, ULTIMATE CLASS LIMOUSINE, INC., its agents, servants, and/ or employees, were negligent, reckless, and careless in the hiring, screening, employing, training, management, retention, control, and supervision of its agents, servants, and/ or employees, including, but not limited to, the defendant, CARLOS F. PINO. 75. That the aforesaid accident occurred solely and wholly as a result of the negligence of the defendant, ULTIMATE CLASS LIMOUSINE, INC., itsagents, servants, and/ or employees, as aforesaid, without any contributory negligence on the part of the plaintiff, ALICIA M. ARUNDEL. 76. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, sustained severe, permanent, and life altering injuries and damages. 77. That as a result of the foregoing, the plaintiff, ALICIA M. ARUNDEL, suffered a "serious injury" as defined by Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 78. 111at by reason of the foregoing, the plaintiff, ALICIA M. ARUNDEL, is entitled to recover for "non-economic loss" as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, and for such economic losses that are not included within definition of "Basic Economic Loss", as set forth in Section 5102 Subdivisions (a), (b) and (c), of the Insurance Law of the State of New York. 79. That as a result of the foregoing, plaintiff, ALICIA M. ARUNDEL, has been damaged in an amount that exceeds the jurisdictional limitations of all lower courts. AS AND FOR A SEVENTH CAUSE OF ACTION AGAINST DEFENDANT, THE COUNTY OF SUFFOLK (Negligent Traffic DesignlPlanningl 80. Plaintiff, ALICIA M. ARUNDEL, repeats, reiterates and realleges each and every allegation of this complaint with the same force and effect as if separately emunerated hereunder. 81. That on and prior to July 18, 2015, there existed a certain roadway known as County Road 48, in the Town of Southold, County of Suffolk, State of New York. 82. That on and prior to July 18, 2015, there existed a certain roadway known as Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 83. That on and prior to July 18, 2015, County Road 48 and Depot Lane intersected each other, in the Town of Southold, County of Suffolk, State of New York. 84. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, owned the aforementioned roadways. 85. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, owned the aforementioned intersection. 86. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, operated the aforementioned roadways. 87. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, operated the aforementioned intersection. 88. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SOFFOLK, maintained the aforementioned roadways. 89. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, maintained the aforementioned intersection. 90. That on and prior to July 18,2015, the defendant, THE COUNTY OF SUFFOLK, was responsible for the maintenance of the aforementioned roadways. 91. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, was responsible for the maintenance of the aforementioned intersection. 92. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, managed the aforementioned roadways. 93. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, managed the aforementioned intersection. 94. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, controlled the aforementioned roadways. 95. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, controlled the aforementioned intersection. 96. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, repaired the aforementioned roadways. 97. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, repaired the aforementioned intersection. 98. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to install proper and necessary traffic control device(s) and/ or traffic control sign(s) at the subject intersection (including, but not limited to, a traffic light, a no u-turn sign, yield signs, warning signs and/ or flashing lights). 99. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to perform reasonable and adequate traffic studies. 100. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to properly maintain the subject intersection. 101. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to keep and maintain the subject roadways and intersection in a reasonably safe condition. 102. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to properly design and construct and control the subject intersection. 103. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to properly install traffic control devices and/ or signs. 104. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to repair missing traffic control devices and/ or signs. 105. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to direct the installation of any traffic control devices or traffic signs to safely control vehicular traffic at the aforesaid intersection,. 106. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation and to implement and effectuate plans to remedy dangerous traffic and roadway conditions within a reasonable time. 107. That on and prior to July 18, 2015, the defendant, THE COUNTY OF SUFFOLK, had a duty and obligation to design the aforementioned roadways and their intersection in