Preview
FILED: SUFFOLK COUNTY CLERK 10/16/2018 09:38 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 418 RECEIVED NYSCEF: 10/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------X Index Nos. 611214/2015
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, 609082/2015
As Administratrix of the ESTATE OF BRITTANY 600055/2016
SCHULMAN, deceased; OLGA LIPETS, MINDY 603536/2016
GRABINA, as Administratrix of the Estate of AMY 003364/2016
GRABINA, and MINDY GRABINA, Individually, 607598/2016
STEVEN BARUCH, as Administrator of the Estate 001831/2016
Of LAUREN BARUCH, deceased and STEVEN 614685/2016
BARUCH, Individually, JOELLE DIMONTE; and
MELISSA A. CRAI and ARTHUR A. BELLI JR.,
As parent and Natural Guardian of STEPHANIE
BELLI, deceased, and as the Administrator of THE
ESTATE OF STEPHANIE BELLI,
Plaintiffs
-against- ORDER WITH NOTICE
OF ENTRY
ULTIMATE CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICES, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD and
COUNTY OF SUFFOLK, CABOT COACH BUILDERS,
INC. d/b/a ROYALE LIMOUSINE and "XYZ
1-5"
COMPANIES name being fictitious but intended
to be the remanufacturers, distributors and/or sellers
of the 2007 Lincoln Town Car stretch limousine
involved in the collision,
Defendants.
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PLEASE TAKE NOTICE, that the within is a true copy of an Order duly entered in the
office of the clerk of the within named court on/or about October 11, 2018.
Dated: Albertson, New York
October 15, 2018
Yours, etc.,
A -I IJTY, E & Mc IANUS
By: Nei J. almieri, Esq.
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Attorneys for Ultimate Class Limousines, Inc.
and Carlos Pino
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
Our File No.: IBM 068515 NJP
To: The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff - Arundel
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
File No. 6230.PP
John L. Juliano, P.C.
for Plaintiff - Schulman
Attorney
39 Doyle Court
East Northport, New York 11731
(631) 499-9300
Paris & Chaikin, PLLC
Attorneys for Plaintiff - Lipets
14 Penn Plaza, Suite 2202
New York, New York 10122
(212) 742-0476
Frank J. Laine, P.C.
for Plaintiff - Grabina
Attorney
449 South Oyster Bay Road
Plainview, New York 11803
(516) 937-1010
The Law Office of Robin V. Singh, P.C.
for Plaintiff - Grabina
Attorney
193-15 Hillside Avenue
Hollis, New York 11423
(917) 923-1646
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff - Baruch
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 742-0707
Pegalis & Erickson, LLC
Attorneys for Plaintiff - Dimonte
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One Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2939
Joseph J. Tock, Esq.
for Plaintiff - Crai
Attorney
963 Route 6
Mahopac, New York 10541
(845) 682-8080
Block O'Toole & Murphy, LLP
for Plaintiff - Belli
Attorney
1 Pennsylvania Plaza, suite 5315
New York, New York 10119
(212) 736-5300
Lewis, Johs, Avallone & Aviles, LLP
Attorneys for Steven D. Romeo
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
File No. 0114-1460-001C
Cascone & Kluepfel, LLP
Attorneys for Romeo Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No. 03787DVM
Law Offices of Vincent D. McNamara
Attorneys for The County of Suffolk
Tower Square - 1045 Oyster Suite 1
Bay Road,
East Norwich, New York 11732
(516) 922-9100
File No.: 907-4677
Devitt Spellman Barrett, LLP
Attorneys for The Town of Southold
50 Route 111
Smithtown, New York 11787
(631) 724-8833
File No.: HC7554W9
Law Office of Andrea G. Sawyers
Attorney for Cabot Coach Builders, Inc.
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3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
(631) 501-3100
File No. 2017024539SAS
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SUFFOLK COUNTyxggggl21
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NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
INDEX NO. 611214/2015
SUPREME COURT - STATE OF NEW YORK
I.A.S. PART 12 - SUFFOLK COUNTY
P R E Å E N T :
Hon. John H. Rouse
Acting Supreme Court Justice e-filed fidt participation
SUZANNE SCHULMAN AS ADMINISTRATRlX OF THE ESTATE OF
BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA
LIPETS, MINDY GRABINA A/O/E AMY GRABlNA, AND.MlNDY
GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/B LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDlJALLY,
JOELLE DIMONTE, MELISSA A CRAl, ARTHUR A BELLI JR AS PARENT
AND NATURAL GUARDIAN OF STEPHANIE BELL1, DECEASED, AND
AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLl,
Plaintiffs
DECISION & ORDER
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON
MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A
ROYALE LIMOUSINE, XYZ COMPANIES 1-5NAME BEING FICTITIOUS
BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS,
AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH
LIMOUSINE INVOLVED IN THE COLLISION,
Defendants
. .
TO:
BY MAIL TO: JOHN L JULIANO PC
HON. TIMOTHY D. SIN1 39 DOYLE CT
SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 11731
BY: W1LLIAM T. FERRIS, lil,ESQ. 631-499-9300
CHIEF ASSISTANT TO THE DISTRICT ATTORNEY
WILLIAM J. LINDSAY COUNTY COMPLEX - BLDG. 77 THE BONGlORNO LAW PLLC.
FIRM,
VETERANS MEMORIAL HIGHWAY 1415 KELLUM PLACE, STE. 205
HAUPPAUGE, NY 11788 GARDEN CITY, NY 11530 .
631-852-2469 . 5l6-741-4170
and e-mail to:William.Ferrisill@suffolkcountyny.gov
Pa¼e I of 3
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NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
PARIS & CHAIKIN PLC VIGORITO, BARKER,
14 PENN PLAZA, SUITE 2000 PORTER & PATTERSON, LLP
NEW YORK, NY 10122 300 GARDEN CITY PLZ, STE 308
212-742-0476 GARDEN CITY, NY 11530
516-288-7464
THE LAW OFFICE OF ROBIN V. SINGH, ESQ. P.C.
193-l5 HILLSIDE AVENUE AHMUTY DEMERS & MCMANUS
HOLLIS, NY 11423 200 I.U.WILLETS RD.
917-923-1646 ALBERTSON, NY 11507
516-294-5433
FRANK J. LAINE, P.C.
449 S OYSTER BAY RD CASCONE & KLUEPFEL, LLP
PLAINVIEW, NY 11803 1399 FRANKLIN AVENUE
516-937-1010 GARDEN CITY, NY 11530
Sl6-747-1990
SULLIVAN, PAPAIN, BLOCK,
MCGRATH, CANNAVO, P.C. LEWIS JOHS AVALLONE AVILES, LLP
I140 FRANKLIN AVE., STE 200 ONE CA PLAZA, SUITE 225
GARDEN CITY, NY 11530 ISLANDIA, NY I1749
212-266-4208 631-755-0101
PEGALIS & ERICKSON, LLC DEVlTT SPELLMAN BARRETT, LLP
1 HOLLOW LN, STE 107 50 ROUTE 1 I1
NEW HYDE PARK, NY 1 1042 SMITHTOWN, NY 11787
516- 684-2900 631-724-8833
LAW OFFICES OF.IOSEPH J TOCK HON. DENNIS M. BROWN
963 ROUTE 6 SUFFOLK COUNTY ATTORNEY
NY 10541 100 VETERANS MEMORIAL.HIGHWAY
MAHOPAC,
845-628-8080 HAUPPAUGE, NY 11788
631-853-4055
BLOCK O'TOOLE & MURPHY LLP
I PENN PLAZA, SUITE 5315 LAW OFFICE OF ANDREA G. SAWYERS
. NEW NY 10119 PO BOX 9028
YORK,
212-736-5300 MELVELLE, NY 11747
631-501-3077
letter to the Court (e-filed document 414) from counsel for Suzanne
Upon review of the
Administratrix of the Estate of Brittney M. Schulman, the e-mail correspondence.,
Schulman as
October the Answer David H. Arnsten, Esq. On October 7, 2018; and
beginning on 5, 2018; by
John L Esq. on October 9, 2018; the conversation between John L.
the Answer of Jilliano,
court's law clerk as described herein; and alle-filed documents I-414
Juliano, Esq. and this
e-documents 373 and 410, itis:
including specifically
proper payment the in this action, and within ten days
ORDERED that, upon by requesting party
of notice'of of this decision and order is made upon the Suffolk County
of the date service entry
Suffolk District is directed to provide to such party those
District Attorney; the County Attorney
ordered to be disclosed in the decision and order of the court dated July 17,
materials this court
2018 (e-filed document number 410); and itis further
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ORDERED that the parties are directed to complete discovery in this action with the that
alacrity
is consonant with the rights of allparties to this action; and itis further
ORDERED that the Clerk of the Court is directed to e-file together with this decision and order
the e-mail correspondence referred to in this decision and order; and itis further
ORDERED that the parties, if they have not done so already, are directed to review the rules of
this part found at: https://www.nycourts.gov/courts/10jd/suffolk/SC_Part_Rules/Rouse.pdf
DECISION
The Court has reviewed the letter from counsel for Suzanne Schulman as Administratrix of the
Estate of Brittney M. Schulman dated September 21, 2018 along with the e-mail correspoñdeñce
with the court's law clerk which the court clerk will e-file to be kept with the record of these
proceedings. Further, counsel for Suzanne Schulman as Administratrix of the Estate of Brittney
M. Schulman had a conversation with the law clerk this morning, October 10, 2018, wherein
procedural concerns for discovery ordered by the court in the decision and order of the
obtaining
court dated 2018 (e-filed document number 410) were discussed and thispresent order is
July 17,
now issued to address the same. 22 NYCRR § 100.3 (B)(6).
being
Ithas been proposed counsel for Suzanne Schulman as Administratrix of the Estate of
by
M. Schulman that a stipulation might be made by allparties, Plaintiffs and Defendants,
Brittney
allparties be convened to discuss such a possible stipulation to supplant the prior order
and that
litigation such as itis often unwieldy to obtain stipulations of all
of this court, In multiparty this,
and here the court has rendered a decision and issued an order that
interested parties, already
disclosure of materials to the litigants in this action. The parties are always
provides for
chart their own course in the litigation stipulation or other proper means of
welcome to by
has been presented to the court for itsconsideration
resolving disputes. No stipulation, however,
substantive rights of the parties to this action. This action was commenced on
to alter the
court has an obligation to insure that is completed so that a
October 21, 2015, and this discovery
filedand the case tried ifno other disposition is achieved. 22 NYCRR §
note of issue can be
the parties are directed to proceed in accordance with the prior orders
100.3 (B)(7). Accordingly,
compliance with the prior orders of the c urt,or upon a dispute
of the court, and upon default of
parties are file such motions with th urt as mafbe necessary and
that requires resolution, the
pennitted by law.
Dated: October 10, 2018
JOHN H. ROUS , Actit g J.S.C.
NON-FINAL DISPOSITION
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gggpgqgym
NYSCEF DOC. NO. 415RECEIVED
Thomas Moore NYSCEF: 10/11/2018
From: John L Juliano P.C,
Sent: Tuesday, October 2018
09, 1:21 PM
To: Thomas Moore
Subject: RE: 611214/2015 Suzanne - -
Schulman et al v. Ultimate Class Inc.et al
Limousine,
Dear Mr. Moore:
Allcounsel and the DA's Office would like an appearance date before the Court so that the agreed upon stipulation with
the DistrictAttorney's Office can be agreed to and a new Order for of defendants'
the taking the depositions can also be
agreed and filed.Your kind advice isanticipated.
John Juliano, Attorney for the Schulmans
Law Offices of
yoDn 31. Juliano, 19
John L. Juliano,ESQ.
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
Fax: (631) 462-2532
From: Thomas Moore [mailto:tmoore1@nycourts,gov]
Sent: Tuesday, October 09, 2018 9:23 AM
To: Dave Arntsen
Cc: henrl.demers@admlaw.com; Neil.Palmieri@admlaw.com; jparis@parischarkin com; dkluepfel@cklaw.com;
rkdevlin@|êwisjobs.com; kspellman@devittspellmanlaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com;
jprisco@travelers.com; ssteiger@travelers.com; llucchese@cklaw.com; gnielsen@pegalisanderickson.com;
btfêfilé@thebonglornolawfirm.com; rvsesq23@gmail.com; kwaish@vdm-law.com; gsuarez@triallawl.com;
jij@johñ|julianopc.com; dseiden@blockotoole.com; fjlpc1@optonline.net; d.arntsen@devittspellmanlaw.com;
William,FerrisIII@suffolkcountyny.gov .
Subject: RE: 611214/2015 Suzanne Schulman et al - v.- Ultimate Class Inc. et al
Limousine,
To All Counsel:
For clarification,itis the understanding that any stipulation to be made on thisissue would be with allparties tb the
action, allPlaintiffsand Defendants and the non-party Suffolk County DistrictAttorney. Ifa stipulation cannot be
accomplished promptly to the satisfaction of all,then any remaining disagreement should be resolved by motion. In
the meantime, itwould advance the interests of allconcerned in thiscase for those minutes, or portions of the minutes,
and exhibitsor parts of exhibits that are not in dispute to be p-ovidéd as required by the court order. (e-document 410).
Allparties to thiscivilaction are participating in e-filing.The suffolk County District Attorney is encouraged to
participate in e-filingsubmissions in thisaction as a non-party should motion practice be necessary. See 22 NYCRR §
202.5-b
Thank you,
Thomas F. Moore
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From: Dave Arntsen
Sent: Sunday, October 07, 2018 11:34 AM
To: Thomas Moore
Cc: henri.demers@admlaw.com; Neil.Palmieri@admlaw.com; jparis@parischaikin.com; dkluepfê|@cklaw.com;
rkdcv||n‡|cwisjohs.com; kspellman@devittspellmanlaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com;
jprisco@travelers.com; ssteiger@travelers.com; Ilucchese@cklaw.com; gnielsêñ@pegalisanderickson.com;
b:fcfi:cethebangicinolawfirm.com; rvsesq23@gmail.com; kwalsh@vdm-law.com; gsuarez@triallawl.com;
jlj@johnljulianopc.com; dseiden@blockotoole.com; fjlpc1@opteñl!ñë.net; d.arntsen@devittspellmanlaw.com;
William.Ferrisill@suffolkcountyny.gov
611214/2015 Suzanne Schulman et al- v.- Ultimate Class Inc.et al
Subject: Re: Limousine,
Mr. Moore,
foryour letter. Please be advised that, on behalf of theTown of Southold, we, too, would liketo be privyto
Thank you
discussion and review of proposals from the DistrictAttorney's office,as we have been seeking the same
and part of any
counsel to plaintiffSchulman. Indeed, Ibelieve that allof the parties to thiscase should be privy to the
materials as has
release of information and documents as we allhave the same need for the information. I write
DA's proposals as to the
directive seems to limit the recommended discussions to the plaintiffsand the District Attorney's
only because your
not speak with authorization of colleagues representing the defendants, I do believe, as noted,
office.Though I do my
information and should therefore have input, and the ability to make any appropriate motion as
that allparties want the
contemplated inyour letter,should agreement not be reached.
Respectfully,
David H. Arntsen
Devitt Spellman Barrett LLP
50 Route 111
Smithtown, New York 11787
(631)724-8833
Sent from my iPad
Thomas Moore qmo_ore1@nycourts.gov> wrote:
On Oct 5, 2018, at 9:34 AM,
Counsel:
September 2018 (e-document 414) from counsel for
The Court has reviswad the letter dated 21,
pertains to the order of the Court served upon the parties
the Estate of Schulman, as
Plaintiff, Brittney
D. Siniwith notice of entry dated July 18, 2018
and Suffolk County District Attorney Timothy
non-party
in with William T. Ferris, fli,
Esq., Chief
411). Counsel in hisletter advises that speaking
(e-document
has questions concerning what documents the
Assistant to the District Attorney, the District Attorney
but that the District Attorney would
requires the DistrictAttorney to release to Plaintiffs,
court's order
to be submitted and agreed upon by affparties,
a stipu!etion regarding this discovery issue
prepare
has not received the proposed stipulation and
counsel further advises in hisletter that he
Plaintiff's
Assistant DistrictAttorney Elizabeth Miller, Esq.
requests a court conference. The District Attorney by
as a
filing motion to reargue
advised the Court that the Dis ictAtto ney contemplating
had originally
f t minutes of the grand jury proceeding by this
prior motion that led to the in camera i ec
the
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C' d in t der di th d m ys ts to tye(yyn
NY S
t
Pªª†5
tivilacti n efore is court. I the ime to i e at motion o reargue expiring, Cnier Assistant
, Ferris advised the court that the District Attorney would not be filingthe motion to reaargue as had
been under consideration. On October 4, 2018 the Court contacted the officeof the DistrictAttorney to
obtain the e-mail address for Chief Assistant Ferrisso that allcorrespoñdahce from the court to the
interested parties could be delivered inthe same manner by e-mail.
In multiparty litigationitis often unwieldy to obtain stipulations of allinterested parties, itisfor this
reason the court prefers that ifa discovery disagreement, or in thiscase the scope and applicability of
the court's order, isin dispute and Is not subject to prompt resolution, then the issues should be
presented in a motion to the court where a complete record ismade, allparties can be given fairnotice
of the dispute together with an opportunity to be heard. Based upon the foregoing, itis recommended
that the DistrictAitürriey provide a schedule of minütes, or portions of the minutes, and exhibits or
partsof exhibits that he contends are not covered by the order of the court and not subject to release to
the Plaintiffsinthis civilaction. Ifthe matter is not resolved to the satisfaction of allparties, ..
promptly
then the appropriate motion should be filedwith the court. .
Thank you,
Thomas F. Moore
PrincipalLaw Clerk to
John H. Rouse, Acting J.S.C.
3
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STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
TRACEY S. DAVIDA-HERBST, being duly sworn deposes and says that she is
not a party to this action; that she is over the age of eighteen years; resides in Babylon
Village, New York;
16th
That on the day of October, 2018, she served the within
Notice to Produce
Upon:
The Bongiorno Law Firm, PLLC Suffolk County Attorney
1415 Kellum Place, Suite 205 H. Lee Dennison Building
Garden City,New York 11530 100 Veterans Memorial Highway
P.O. Box 6100
Lewis, Johs, Avallone & Aviles,LLP Hauppauge, New York 11788
One CA Plaza, Suite225
Islandia,New York l 1749 DevittSpellman Barrett,LLP
50 Route 111
Cascone & Kluepfel, LLP Smithtown, New York 11787
1399 Franklin Avenue, Suite 302
Garden City, New York 11530 John L. Juliano, P.C.
39 Doyle Court
Paris & Chaikin, PLLC East Northport, New York 11731
14 Penn Plaza, Suite2202
New York, New York 10122 Frank J. Laine,P.C.
449 South Oyster Bay Road
Sullivan Papain Block, McGrath & Cannavo Plainview, New York 11803
1140 Franklin Avenue, Suite200
Garden City,New York 11530 Pegalis & Erickson, LLC
One Hollow Lane, Suite 107
Joseph J. Tock, Esq. Lake Success, New York 11042
963 Route 6
Mahopac, New York 10541 Law Office of Andrea G. Sawyers
3 Huntington Quadrangle, Suite 102S
Block O'Toole & Murphy Melville, New York l 1747
1 Penn Plaza, Suite 5315
New York, New York 10119
the attorneys for the respective parties, hereto at the address designated by them for that
purpose, by depositing a true copy of same enclosed in a postpaid properly addressed
wrapper, in an official depository under the exclusive care and custody of the United States
Post Office Department within the State of New York.
EY S. DAVID - RBST
Sworn to before me on this
16th
day of October, 2018
Notary Publ
CHRISTINA JEFFORDS
Public,State ofNew York
Notary
No. 01RO6137142
Qualifiedin Nassau County
Commission ExpiresNov. 14, 20
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK INDEX NO. 609082/2016, et al.
ALICIA M. ARUNDEL, SUZANNE SCHULMAN, As Administratrix of the ESTATE OF BRITTANY
SCHULMAN, deceased; OLGA LIPETS, MINDY GRABINA, as Administratrix of the Estate of AMY GRABlNA,
and MINDY GRABINA, Individually, STEVEN BARUCH, as Administrator of the Estate Of LAUREN
BARUCH, deceased and STEVEN BARUCH, Individually, JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR
A. BELLI JR., As parent and Natural Guardian of STEPHANIE BELLI, deceased, and as the Administrator of the
ESTATE OF STEPHANIE BELLI,
Plaintiff,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICES, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC.
I-5"
d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES name being fictitious but intended to be the
remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the
collision,
Defendants.
ORDER WITH NOTICE OF ENTRY
AHMUTY, DEMERS & McMANUS
Attorneys for Defendant
Ultimate Class Limousine, Inc. & CarloS Pino
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
File No.: 1BM 068515 NJP
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated: Attorneys for
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