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FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015
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EXHIBIT E
FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019
INDEX NO. 611214 / 2015
FILED : SUF OLK COUNTV CLERK 03/0912017 01: 2 6 PN|
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/0 9/: 017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------ ----------------------------X Index No: 611214/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 609082/15, 600055/16,
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16, 003364/16,
M. SCHULMAN, DECEASED; OLGA LIPETS, MINDY 607598/16, 001831/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA, AND M1NDY GRABINA, VERIFIED ANSWER
INDIVIDUALLY; STEVEN BARUCH, DECEASED, TO AMENDED
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE COMPLAINT
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs,
-against-
ULTIMATE CLASS LIMOUSINE, 1NC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a
1-5"
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.
---------------- ----------X
Defendant, ROMEO DIMON MARINE SERVICES, INC., by and through its
attorneys, CASCONE & KLUEPFEL, LLP, answering the Plaintiff's, SUZANNE SCHULMAN,
AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,
Amended Complaint dated March 1, 2017, upon information and belief, states as follows:
1. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amerided Complaint as contained in the paragraphs thereof
numbered "1", "2", "3", "4", "5", "7", "8", "9", "10", and "11".
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AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
2. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "12"
numbered through with the same force and effect as though set forth more fully herein
at length.
3. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
numbered: "13", "14", "17", and "19".
4. Denies each and every allegation of the Amended Complaint as contained
in the paragraphs thereof numbered: "15", "16", "20", "21", and "22".
5. Denies each and every allegation of the Amended Complaint as contained
in the paragraph thereof numbered: "18", as to this answering defendant.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
6. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "23"
numbered through with the same force and effect as though set forth more fully herein
at length.
7. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
numbered: "24", "25", "26", "27", "28", "29", "30", "31", and "32".
AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION
8. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
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"1" "33"
numbered through with the same force and effect as though set forth more fully herein
at length.
9. Denies each and every allegation of the Amended Complaint as contained
in the paragraphs thereof numbered: "34", "35", "36", "37", "38", "39", "40", "41", and "42".
AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION
10. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "43"
numbered through with the same force and effect as though set forth more fully herein
at length.
11. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
numbered: "44", "46", "47", "48", "49", "50", "53", "54", and "55".
12. Denies each and every allegation of the Amended Complaint as contained
in the paragraphs thereof numbered: "45", "51", "52", and "56".
AS AND FOR AN A_NSWER OT THE FIFTH CAUSE OF ACTION
13. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "57"
numbered through with the same force and effect as though set forth more fully herein
at length.
14. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
"67"
numbered: "58", "60", "61", "62", "66", and "68".
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15. Denies each and every allegation of the Amended Complaint as contained
in the paragraphs thereof numbered: "59", "63", "64", "65", and "69".
AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION
16. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "70"
numbered through with the same force and effect as though set forth more fully herein
at length.
17. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
numbered: "71", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84",
"85", "86", "87", "88", "89", "90", "92", "95", "96", "96a", "96b", "96c", "96d", "96e", "96f",
"96g", "96h", "96i", "96j", "96k", "961", "97", and "98".
18. Denies each and every allegation of the Amended Complaint as contained
in the paragraphs thereof numbered: "91", "93", "94", "99", and "100".
AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION
19. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "101"
numbered through with the same force and effect as though set forth more fully herein
at length.
20. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
numbered: "102", "103", "104", "105", "106", "107", "108", "109", "110", "111", "112",
"113", "114", "115", 116", "117", "118", and "119".
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AS AND FOR AN ANSWER TO THE EIGHTH CAUSE OF ACTION
21. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Ameñded Complaint thereof
"1" "120"
numbered through with the same force and effect as though set forth more fully herein
at length.
22. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Amended Complaint as contained in the paragraphs thereof
numbered: "121", "122", "123", "124", and "125".
23. Denies each and every allegation of the Amended Complaint as contained
in the paragraph thereof numbered: "126".
AS AND FOR AN ANSWER TO THE NINTH CAUSE OF ACTION
24. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Amended Complaint thereof
"1" "127"
numbered through with the same force and effect as though set forth more fully herein
at length.
25. Denies each and every allegation of the Amended Complaint as contained
in the paragraphs thereof numbered: "128", "129", "130", "WHEREFORE", "WHEREFORE
A", "WHEREFORE B", "WHEREFORE C", "WHEREFORE D", "WHEREFORE E",
"WHEREFORE F", "WHEREFORE G", "WHEREFORE H", "WHEREFORE I",
"WHEREFORE J", "WHEREFORE K", "WHEREFORE L", and "WHEREFORE M".
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
26. Upon information and belief, decedent plaintiff failed to use or misused
available seatbelts, and thereby caused or contributed to her alleged injuries.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
27. The Amended Complaint should be dismissed for failure to state a cause
of action as against the answering defendant.
AS AND FOR A THIPJ) AFFIRMATIVE DEFENSE
28. A determination of the issues herein has already been rcñdered by a court
of competent jurisdiction and any further adjudication of these issues is barred by the doctrines
of res judicata and collateral estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
29. The plaintiff's sole and exclusive remedy is confined and limited to the
benefits and provisions of Article 51 of theInsurance Law of the State of New York.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
30. In the event plaintiff has received an arbitration award and/or settlement
and have executed a release or releases for the same or similar damages to those alleged in the
instant action, defendant is entitled to the claim reduction benefits of §15-108 of the General
Obligations Law.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
31. Plaintiff was under an obligation to mitigate her damages but failed to do
so.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
32. Upon information and belief, in the event that a judgment is rendered
against the answering defendant, itshall not be responsible for more than itsproportionate share
of liabilitypursuant to §1601, et seq. of the CPLR.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
33. That any verdict in the within action, for past, present and future medical
care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss
should be reduced by the amount that any such expense has or will with reasonable certainty be
replaced or indemnified in whole or in part of or from any collateral source, in accordance with
the provisions and limitations of §4545(c) of the CPLR.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
34. Plaintiff's action should be dismissed against defendant, ROMEO
DIMON MARINES SERVICES, INC., as it did not own a vehicle involved in the subject
accident, and Mr. Romeo was not within the course of his employment at the time of the |
accident. Thus, ROMEO DIMON MARINE SERVICES, INC. cannot be held vicariously liable.
AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS ULTIMATE CLASS
LIMOUSINE, INC., CARLOS PINO, STEVEN ROMEO, TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE
1-5"
LIMOUSINE, and "XYZ COMPANIES
35. If plaintiffwas caused to sustain damages at the time and place set forth in
the complaint through any carelessness, recklessness, negligence and/or breach of contract other
than plaintiff's said damages arose in whole or in part from the acts or omissions of co-
own,
defendants, and if any judgment is recovered herein by plaintiffagainst the answering defendant,
then this answering defendant will be damaged thereby and will be entitled to apportionment or
7
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indemnification, in whole or part, on the basis of proportionate responsibility or obligation to the
plaintiff.
WHEREFORE, the answering defendant demands judgment dismissing the
Amended Complaint, together with the costs and disbursements of this action, including
attorneys'
fees.
Dated: Garden City, New York
March 7, 2016
By:
DAVID FM1fEPFEL
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
ROMEO DIMON MARINE
SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No.: 03787DVM
TO: THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
250 Mineola boulevard
Mineola, New York 11501
(516) 741-4170
File No.: 6230.PP
LEWIS JOHS AVALLONE VILES, LLP
Attorneys for Defendant
STEVEN D. ROMEO
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
File No.: 0114.1460.001C
AHMUTY, DEMERS & McMANUS, ESQ.
Attorneys for Defendants
CARLOS F. PINO and
ULTIMATE CLASS LIMOUSINE, INC.
20 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
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DEVITT, SPELLMAN BARRETT, LLP
Attorneys for Defendant
TOWN OF SOUTHOLD
50 Route 11
Smithtown, New York 11787
(631) 724-8833
COUNTY OF SUFFOLK
100 Veterans Memorial Highway
Hauppauge, New York 11788
CABOT COACH BUILDERS INC., d/b/a ROYALE LIMOUSINE
99 Newark Street
Haverville, MA 01832-1348
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VERIFICATION
DAVID F. KLUEPFEL, an attorney admitted to practice in the courts of the State of
New York, affirms: that I am a member of the firm CASCONE & KLUEPFEL, LLP, attorneys of
record forthe defendant, ROMEO DIMON MARINE SERVICES, INC., in the within action, that I
have read the foregoing Verified Answer to Arsended Complaint and that itscontents are true to my
knowledge, except as to the matters therein stated to be alleged on information and belief, and that
as to those matters I believe itto be true. I further attest thatthe reason thisverification is made by
our office and not by the defendant is thatthe defendants do not reside within the County of Nassau
where we maintain our office.
I affirm thatthe foregoing statements are true under penalties of perjury.
Dated: Garden City, New York
March 7, 2016
DAVID F. KLUEPFEL
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX
OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA
LIPETS, MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY;
STEVEN BARUCH, DECEASED, AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI ;
Plaintiffs,
- against -
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO
DIMON MARINE SERVICE, INC., STEVEN ROMERO, TOWN OF
SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS,
INC. d/b/a ROYALE LIMOUSINE, AND "XYZ COMPANIES 1-5", ET AL.
Defendants.
VERIFIED ANSWER TO AMENDED COMPLAINT
CASCONE & KLUEPFEL, LLP.
Attorneys for Defendant - ROMEO DIMON MARINE INC.
SERVICES,
Office and Post Office Address, Telephone
1399 Franklin Avenue
Suite 302
Garden City, New York 11530
(516) 747-1990
(516) 747-1992 Facsimile
To: ALL COUNSEL
Serviceof a copyof the within
is herebyed=itted,
Dated,
Attorney(s)forD st-ROMEO DIMON MARINE SERVICES, INC.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------- -X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M.
SCHULMAN, DECEASED; OLGA LIPETS; MINDY
GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA, AND MINDY GRAB1NA,
INDIVIDUALLY; STEVEN BARUCH, AS
ADMINISTRATOR OF THE ESTATE OF LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH
INDIVIDUALLY; JOELLE DIMONTE; AND
MELISSA A. CRAI, Index No. 611214/15
Plaintiffs, VERIFIED ANSWER TO
AMENDED COMPLAINT
- against -
ULTIMATÈ CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICE, INC.,
STEVEN ROMEO, THE TOWN OF SOUTHOLD and
COUNTY OF SUFFOLK, CABOT COACH BUILDERS,
INC., d/b/a ROYALE LIMOUSINE and "XYZ
1-5"
COMPANIES name being fictitions but intended
to be the remanufacturers, distributors and/or sellers of
the 2007 Lincoln Town Car stretch limousine involved
in the collision,
Defendants.
Defendant, TOWN OF SOUTHOLD, by its attorneys, DEVITT SPELLMAN
BARRETT, LLP, as and for its Answer to the Amended Complaint of plaintiff, SUZANNE
SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN,
DECEASED, upon information and belief, states as follows:
_THE PARTIES
FIRST: Denies having any knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs numbered and designated as "1", "2", "3",
"10"
"4", "5", "6", "7", "9", and "11".
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NYSCEF NO.
ANSWERING THE FIRST CAUSE OF ACTION.
"12"
SECOND: Answering paragraph of the Amended Complaint, defeñdañt repeats,
reiterates and realleges each and every admission and denial heretofore made to paragraphs set
forth therein with the same force and effect as if more fully set forth herein.
THIRD: Denies having any knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs numbered and designated as "13", "14",
"17"
"15", "16", and "18".
FOURTH: Denies having any knowledge or information sufficient to form a belief as
"19"
to the truth of the allegations contained in paragraphs numbered and designated as and
"20", and leaves all questions of law for the Court.
FIFTH: Denies each and every allegation contained in paragraphs nutnbered and
"21"
designated as and "22".
ANSWERING THE SECOND CAUSE OF ACTION
"23"
SIXTH: Answering paragraph of the Amended Complaint, defeñdañt repeats,
reiterates and realleges each and every admission and denial heretofore made to paragraphs set
forth therein with the same force and effect as if more fully set forth herein.
SEVENTH: Denies having any knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs numbered and designated as "24", "25",
"28"
"26", "27", and "30".
EIGHTH: Denies having any knowledge or information sufficient to form a belief as
"31"
to the truth of the allegations contained in paragraphs numbered and designated as "29",
and "32", and leaves all questions of law for the Court.
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ANSWERING THE THIRD CAUSE OF ACTION
"33"
NINTH: Answering paragraph of the Amended Complaiñt, defendant repeats,
reiterates and realleges each and every admission and denial heretofore made to paragraphs set
forth therein with the same force and effect as if more fully set forth herein.
TENTH: Denies having any Imowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs numbered and designated as "34", "35",
"38"
"36", "37", and "40".
ELEVENTH: Denies having any knowledge or information sufficient to form a belief as
"41"
to the truth of the allegations contailied in paragraphs numbered and designated as "39",
and "42", and leaves all questions of law for the Court.
ANSWERING THE FOURTH CAUSE OF ACTION
Preview
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CRAI, Plaintiffs, -against- ULTIMATE CLASS LIMOUSINE, 1NC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a 1-5" 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. ---------------- ----------X Defendant, ROMEO DIMON MARINE SERVICES, INC., by and through its attorneys, CASCONE & KLUEPFEL, LLP, answering the Plaintiff's, SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, Amended Complaint dated March 1, 2017, upon information and belief, states as follows: 1. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amerided Complaint as contained in the paragraphs thereof numbered "1", "2", "3", "4", "5", "7", "8", "9", "10", and "11". 1 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 · INDEX NO. 611214/2015 KLED SUNOLK COUNTY CLERK 03/09/2017 01 2 6 P NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/2017 AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 2. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "12" numbered through with the same force and effect as though set forth more fully herein at length. 3. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof numbered: "13", "14", "17", and "19". 4. Denies each and every allegation of the Amended Complaint as contained in the paragraphs thereof numbered: "15", "16", "20", "21", and "22". 5. Denies each and every allegation of the Amended Complaint as contained in the paragraph thereof numbered: "18", as to this answering defendant. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 6. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "23" numbered through with the same force and effect as though set forth more fully herein at length. 7. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof numbered: "24", "25", "26", "27", "28", "29", "30", "31", and "32". AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION 8. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof 2 2 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 INDEX NO. 611214/2015 (FILED : SUEFOLK COUNTY CLERK 03/09/2017 01: 2 6 P_ NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/?017 "1" "33" numbered through with the same force and effect as though set forth more fully herein at length. 9. Denies each and every allegation of the Amended Complaint as contained in the paragraphs thereof numbered: "34", "35", "36", "37", "38", "39", "40", "41", and "42". AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION 10. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "43" numbered through with the same force and effect as though set forth more fully herein at length. 11. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof numbered: "44", "46", "47", "48", "49", "50", "53", "54", and "55". 12. Denies each and every allegation of the Amended Complaint as contained in the paragraphs thereof numbered: "45", "51", "52", and "56". AS AND FOR AN A_NSWER OT THE FIFTH CAUSE OF ACTION 13. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "57" numbered through with the same force and effect as though set forth more fully herein at length. 14. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof "67" numbered: "58", "60", "61", "62", "66", and "68". 3 3 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 INDEX NO. 611214/2015 [FILED : SUE FOLK COUNTY CLERK 03/09/2017 01f2 6 Pi NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/:3017 15. Denies each and every allegation of the Amended Complaint as contained in the paragraphs thereof numbered: "59", "63", "64", "65", and "69". AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION 16. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "70" numbered through with the same force and effect as though set forth more fully herein at length. 17. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof numbered: "71", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "86", "87", "88", "89", "90", "92", "95", "96", "96a", "96b", "96c", "96d", "96e", "96f", "96g", "96h", "96i", "96j", "96k", "961", "97", and "98". 18. Denies each and every allegation of the Amended Complaint as contained in the paragraphs thereof numbered: "91", "93", "94", "99", and "100". AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION 19. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "101" numbered through with the same force and effect as though set forth more fully herein at length. 20. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof numbered: "102", "103", "104", "105", "106", "107", "108", "109", "110", "111", "112", "113", "114", "115", 116", "117", "118", and "119". 4 4 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 INDEX NO. 611214/2015 FILED : SU]i OLK COUNTY CLERK 03/09/2017 01:2 6 Pldl NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/ 2017 AS AND FOR AN ANSWER TO THE EIGHTH CAUSE OF ACTION 21. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Ameñded Complaint thereof "1" "120" numbered through with the same force and effect as though set forth more fully herein at length. 22. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Amended Complaint as contained in the paragraphs thereof numbered: "121", "122", "123", "124", and "125". 23. Denies each and every allegation of the Amended Complaint as contained in the paragraph thereof numbered: "126". AS AND FOR AN ANSWER TO THE NINTH CAUSE OF ACTION 24. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Amended Complaint thereof "1" "127" numbered through with the same force and effect as though set forth more fully herein at length. 25. Denies each and every allegation of the Amended Complaint as contained in the paragraphs thereof numbered: "128", "129", "130", "WHEREFORE", "WHEREFORE A", "WHEREFORE B", "WHEREFORE C", "WHEREFORE D", "WHEREFORE E", "WHEREFORE F", "WHEREFORE G", "WHEREFORE H", "WHEREFORE I", "WHEREFORE J", "WHEREFORE K", "WHEREFORE L", and "WHEREFORE M". 5 5 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED INDEX NYSCEF: 06/24/2019 611214/: NO. 015 [ÈILED : SUWOLK COUNTY CLERK 03/09/2017 01:2 6 PM NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/ 017 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 26. Upon information and belief, decedent plaintiff failed to use or misused available seatbelts, and thereby caused or contributed to her alleged injuries. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 27. The Amended Complaint should be dismissed for failure to state a cause of action as against the answering defendant. AS AND FOR A THIPJ) AFFIRMATIVE DEFENSE 28. A determination of the issues herein has already been rcñdered by a court of competent jurisdiction and any further adjudication of these issues is barred by the doctrines of res judicata and collateral estoppel. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 29. The plaintiff's sole and exclusive remedy is confined and limited to the benefits and provisions of Article 51 of theInsurance Law of the State of New York. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 30. In the event plaintiff has received an arbitration award and/or settlement and have executed a release or releases for the same or similar damages to those alleged in the instant action, defendant is entitled to the claim reduction benefits of §15-108 of the General Obligations Law. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 31. Plaintiff was under an obligation to mitigate her damages but failed to do so. 6 6 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 INDEX NO. 611214/ 015 [FILED :_ SUEi'OLK COUNTY CLERK 03/09/2017 01: 2 6 PM_J NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/ 017 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 32. Upon information and belief, in the event that a judgment is rendered against the answering defendant, itshall not be responsible for more than itsproportionate share of liabilitypursuant to §1601, et seq. of the CPLR. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 33. That any verdict in the within action, for past, present and future medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss should be reduced by the amount that any such expense has or will with reasonable certainty be replaced or indemnified in whole or in part of or from any collateral source, in accordance with the provisions and limitations of §4545(c) of the CPLR. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 34. Plaintiff's action should be dismissed against defendant, ROMEO DIMON MARINES SERVICES, INC., as it did not own a vehicle involved in the subject accident, and Mr. Romeo was not within the course of his employment at the time of the | accident. Thus, ROMEO DIMON MARINE SERVICES, INC. cannot be held vicariously liable. AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE 1-5" LIMOUSINE, and "XYZ COMPANIES 35. If plaintiffwas caused to sustain damages at the time and place set forth in the complaint through any carelessness, recklessness, negligence and/or breach of contract other than plaintiff's said damages arose in whole or in part from the acts or omissions of co- own, defendants, and if any judgment is recovered herein by plaintiffagainst the answering defendant, then this answering defendant will be damaged thereby and will be entitled to apportionment or 7 I 7 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED INDEX NYSCEF: 06/24/2019 611214/2015 NO. LED S ?OLK COUNTY CLERK 03/09/2017 01: 2 6 Pli NYSCEF DOC. N 66 RECEIVED NYSCEF: 03/09/2017 indemnification, in whole or part, on the basis of proportionate responsibility or obligation to the plaintiff. WHEREFORE, the answering defendant demands judgment dismissing the Amended Complaint, together with the costs and disbursements of this action, including attorneys' fees. Dated: Garden City, New York March 7, 2016 By: DAVID FM1fEPFEL CASCONE & KLUEPFEL, LLP Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No.: 03787DVM TO: THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff 250 Mineola boulevard Mineola, New York 11501 (516) 741-4170 File No.: 6230.PP LEWIS JOHS AVALLONE VILES, LLP Attorneys for Defendant STEVEN D. ROMEO One CA Plaza, Suite 225 Islandia, New York 11749 (631) 755-0101 File No.: 0114.1460.001C AHMUTY, DEMERS & McMANUS, ESQ. Attorneys for Defendants CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC. 20 I.U. Willets Road Albertson, New York 11507 (516) 294-5433 8 8 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 INDEX NO. 611214/'2015 [FMD : SUEFOLK COUNTY CLERK 03/09/2017 01: 2 6 PM) NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/2017 DEVITT, SPELLMAN BARRETT, LLP Attorneys for Defendant TOWN OF SOUTHOLD 50 Route 11 Smithtown, New York 11787 (631) 724-8833 COUNTY OF SUFFOLK 100 Veterans Memorial Highway Hauppauge, New York 11788 CABOT COACH BUILDERS INC., d/b/a ROYALE LIMOUSINE 99 Newark Street Haverville, MA 01832-1348 9 9 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 COUNTY INDEX NO. 611214/?015 [FILED SUE N'OLK CLERK 03/09/2017 01: 2 6---PR NYSCEF DOC. NC 66 RECEIVED NYSCEF: 03/09/ 2017 VERIFICATION DAVID F. KLUEPFEL, an attorney admitted to practice in the courts of the State of New York, affirms: that I am a member of the firm CASCONE & KLUEPFEL, LLP, attorneys of record forthe defendant, ROMEO DIMON MARINE SERVICES, INC., in the within action, that I have read the foregoing Verified Answer to Arsended Complaint and that itscontents are true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe itto be true. I further attest thatthe reason thisverification is made by our office and not by the defendant is thatthe defendants do not reside within the County of Nassau where we maintain our office. I affirm thatthe foregoing statements are true under penalties of perjury. Dated: Garden City, New York March 7, 2016 DAVID F. KLUEPFEL 10 10 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 06/24/2019 INDEX NO. 611214 /2015 [fLED : SUFFOLK COUNTY CLERK 03/09/2017 01:2 6 PM) NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/09/2017 Index No.: 611214/15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS, MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI ; Plaintiffs, - against - ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMERO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE, AND "XYZ COMPANIES 1-5", ET AL. Defendants. VERIFIED ANSWER TO AMENDED COMPLAINT CASCONE & KLUEPFEL, LLP. Attorneys for Defendant - ROMEO DIMON MARINE INC. SERVICES, Office and Post Office Address, Telephone 1399 Franklin Avenue Suite 302 Garden City, New York 11530 (516) 747-1990 (516) 747-1992 Facsimile To: ALL COUNSEL Serviceof a copyof the within is herebyed=itted, Dated, Attorney(s)forD st-ROMEO DIMON MARINE SERVICES, INC. 11 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED INDEX NYSCEF: NO. 61121406/24/2019 / 2015 : FILED : SUFFOLK COUNTY CLERK 03 / 17 / 2 0 17 0 2 : 50_ P_MJ NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 03/17/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------- -X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRAB1NA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Index No. 611214/15 Plaintiffs, VERIFIED ANSWER TO AMENDED COMPLAINT - against - ULTIMATÈ CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, THE TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ 1-5" COMPANIES name being fictitions but intended to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. Defendant, TOWN OF SOUTHOLD, by its attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for its Answer to the Amended Complaint of plaintiff, SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, upon information and belief, states as follows: _THE PARTIES FIRST: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as "1", "2", "3", "10" "4", "5", "6", "7", "9", and "11". 1 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED INDEX NYSCEF: NO. 06/24/2019 611214/2015 FILED : SUFFOLK COUNTY CLERK 03/17 /2017 02 : 50 PM| DOC. 72 RECEIVED NYSCEF: 03/17/2017 NYSCEF NO. ANSWERING THE FIRST CAUSE OF ACTION. "12" SECOND: Answering paragraph of the Amended Complaint, defeñdañt repeats, reiterates and realleges each and every admission and denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. THIRD: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as "13", "14", "17" "15", "16", and "18". FOURTH: Denies having any knowledge or information sufficient to form a belief as "19" to the truth of the allegations contained in paragraphs numbered and designated as and "20", and leaves all questions of law for the Court. FIFTH: Denies each and every allegation contained in paragraphs nutnbered and "21" designated as and "22". ANSWERING THE SECOND CAUSE OF ACTION "23" SIXTH: Answering paragraph of the Amended Complaint, defeñdañt repeats, reiterates and realleges each and every admission and denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. SEVENTH: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as "24", "25", "28" "26", "27", and "30". EIGHTH: Denies having any knowledge or information sufficient to form a belief as "31" to the truth of the allegations contained in paragraphs numbered and designated as "29", and "32", and leaves all questions of law for the Court. 2 of 11 FILED: SUFFOLK COUNTY CLERK 06/24/2019 01:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 485 RECEIVED INDEX NYSCEF: NO. 06/24/2019 611214/2015 ILED : SUFFOLK COUNTY CLERK 03/17 /2017 02 : 50 PM) RECEIVED NYSCEF: 03/17/2017 NYSCEF DOC. NO. 72 ANSWERING THE THIRD CAUSE OF ACTION "33" NINTH: Answering paragraph of the Amended Complaiñt, defendant repeats, reiterates and realleges each and every admission and denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. TENTH: Denies having any Imowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as "34", "35", "38" "36", "37", and "40". ELEVENTH: Denies having any knowledge or information sufficient to form a belief as "41" to the truth of the allegations contailied in paragraphs numbered and designated as "39", and "42", and leaves all questions of law for the Court. ANSWERING THE FOURTH CAUSE OF ACTION