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INDEX NO.
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FILED:
[FILED : SUFFOLK
SUFFOLK COUNTY
COUNTY CLERK
CLERK 11/14/2019
03/02 /2017 10:16
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DOC. NO.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK: Index Nos.: 611214/15
------------------------------- -------------------------------X 609082/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16
OF AMY GRABINA, AND MINDY GRABINA, 001831/16
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED, SUPPLEMENTAL
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE SUMMONS
DIMONTE; AND MELISSA A. CRAI,
(E-FILE CASE)
Plaintiffs,
-against- Plaintiff designates
Suffolk County as
ULTIMATE CLASS LIMOUSINE, INC., CARLOS -PINO, the place of trial
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF The basis of venue is
SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a Plaintiff's residence
1-5"
ROYALE LIMOUSINE and "XYZ COMPANIES
name being fictitious but intended to be the remanufacturers, Plaintiff resides at
distributors and/or sellers of the 2007 Lincoln Town Car 36 Grand Street
stretch limousine involved in the collision, Smithtown NY 11787
Defendants.
----------------- ¬-------------------------------X
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the amended complaint in this action and to serve
a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff'sAttorney within twenty (20) days afterthe service of this summons,
exclusive of the day of service (or within 30 days after the service iscomplete ifthis summons is not
personally delivered to you within the State of New York ; and in cas of your failure to appear or
answer, judgment will be taken against you by defau or the re demanded in the complaint.
Dated: East Northport, New York
March 1, 2017
HN L NO, P.C.
tt eys for laintiff
S' as
uzanne ulman, Administratrix of the
s e ofBrittney M Schulman, Deceased
39 Doyle Court
East Northport, New York 11731
Tel. No. (631) 499-9300
Fax No. (631) 462-2532
Email: jlj@johnljulianope.com
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Defendants'
addresses:
ULTIMATE CLASS LIMOUSINE, INC. CARLOS PINO
12B Commercial Street 721 Old Bethpage Road
Hicksville, New York 11801 Old New York I1804
Bethpage,
ROMEO DIMON MARINE SERVICE, INC. STEVEN ROMEO
700 Hummel Avenue 37442 Old North Road
Southold, New York 11971 Southold, New York 11971
TOWN OF SOUTHOLD COUNTY OF SUFFOLK
53095 Main Road 100 Veterans Memorial Highway
Southold, New York 11971 New York 11788
Hauppauge,
CABOT COACH BUILDERS, INC.
d/b/a ROYALE LIMOUSINE
99 Newark Street
Haverville, MA 01832-1348
2
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FILED : SUFFOLK
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COUNTY CLERK
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PM)
INDEX
INDEX NO.
NO. 611214/2015
611214/2015
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 586
65 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/14/2019
03/03/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index Nos.: 611214/15
------------------------- -------X 609082/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16
OF AMY GRABINA, AND MINDY GRABINA, 001831/16
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED,
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs, AMENDED COMPLAINT
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, (E-FILE CASE)
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
Plaintiff, by her attorney, JOHN L. JULIANO, P.C., complaining of the defendants
herein alleges as follows:
THE PARTIES
1. On or about July 18, 2015, Brittney M. Schulman, died a resident of the County
of Suffolk, State of New York.
2. On or about August 5, 2015, Suzanne Schulman was duly appointed
Administratrix of the Estate of Brittney M. Schulman, deceased, by the Surrogate's Court,
County of Suffolk, State of New York.
1
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3. Letters of Administration were issued to Suzanne Schulman and said plaintiff was
duly qualified and is now acting as such Administratrix.
4. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Ultimate Class Limousine, Inc., was and stillis a corporation or other business entity duly
authorized, existing and doing business under and by virtue of the laws of the State of New
York.
5. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Carlos Pino, was and stillis a resident of the County of Nassau, State of New York.
6. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Romeo Dimon Marine Service, Inc., was and stillis a corporation or other business entity duly
authorized, existing and doing business under and by virtue of the laws of the State of New
York.
7. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Steven Romeo, was and stillis a resident of the County of Suffolk, State of New York.
8. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Town of Southold, was and stillis a municipal corporation or other municipal entity duly
authorized, existing and operating under and by virtue of the laws of the State of New York.
9. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
County of Suffolk, was and stillis a municipal corporation or other municipal entity duly
authorized, existing and operating under and by virtue of the laws of the State of New York.
10. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Cabot Coach Builders, Inc., d/b/a Royale Limousine, was and stillis a foreign corporation duly
organized and existing under and by virtue of the laws of the State of Massachusetts, duly
2
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authorized to do business and engaged in the transaction thereof in the State of New York. The
defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine has designated the Secretary of
State of the State of New York as its agent for the service of process.
11. Upon information and belief, at alltimes hereinafter mentioned, the defendants,
1-5"
"XYZ Companies name being fictitious but intending to be the remanufacturers,
distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the
collision (hereinafter referred to as "XYZ Companies 1-5"), were and stillare corporations or
other business entities duly authorized and transacting business under and by virtue of the laws
of the State of New York.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE
DEFENDANTS: ULTIMATE CLASS LIMOUSINE, INC.,
CARLOS PINO, ROMEO DIMON MARINE SERVICE,
INC.. and STEVEN ROMEO
12. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"l" "11"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
13. Upon information and belief and at all times herein mentioned, the defendant,
Ultimate Class Limousine, Inc., was the owner of a 2007 Lincoln Town Car stretch limousine
motor vehicle bearing New York State plate registration number N102124C.
14. At all times herein mentioned, the defendant, Carlos Pino, was operating the
aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate
registration number N102124C with the permission and the consent of itsowner, the defendant,
Ultimate Class Limousine, Inc.
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15. Upon information and belief and at all times hereinafter mentioned, the defendant,
Romeo Dimon Marine Service, Inc., was the owner of a 2005 Dodge motor vehicle bearing New
York State plate registration number EFC3050.
16. At alltimes herein mentioned, the defendant, Steven Romeo, was operating the
aforesaid 2005 Dodge motor vehicle bearing New York State plate registration number FC3050,
with the permission and consent of itsowner, the defendant, Romeo Dimon Marine Service, Inc.
17. On July 18, 2015, the plaintiff's decedent, Brittney M. Schulman, was a lawful
passenger in the aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New
York State plate registration number N 102124C which was then and there being operated by the
defendant, Carlos Pino.
18. On July 18, 2015, on a public highway known as Middle Road (County Road 48)
at itsintersection with Depot Lane located in the Hamlet of Cutchogue, Town of Southold,
County of Suffolk, State of New York, the defendants, Ultimate Class Limousine, Inc., Carlos
Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, were so negligent, careless and
reckless in the ownership, management, operation, and control of their motor vehicles so as to
cause them to collide with each other.
19. As a result of the negligence and carelessness of the defendants, Ultimate Class
Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, as
aforesaid, the plaintiffs decedent, Brittney M. Schulman, sustained and suffered serious and
severe personal injuries, conscious pain and suffering and death as defined in subsection (d)
of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater
than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of
the State of New York.
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20. This action falls within the exception set forth in Civil Practice Law and Rules,
Section 1602(6).
21. As a result of the negligence of the defendants as aforesaid, the plaintiffs
decedent, Brittney M. Schulman, suffered conscious pain and suffering and death.
22. As a result of the negligence of the defendants as aforesaid, the plaintiff has been
damaged in the sum which exceeds the jurisdictional limits of all other courts which would
otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION SOLELY
AGAINST THE DEFENDANT, ULTIMATE CLASS
LIMOUSINE, INC.
23. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"l" "22"
paragraphs through of the verified complaint with the same force and effect as iffully
set forth at length herein.
24. The defendant, Ultimate Class Limousine, Inc., having ownership and control
over the aforesaid limousine motor vehicle bearing New York State plate registration number
N102124C being operated by the defendant, Carlos Pino, negligently entrusted itto defendant,
Carlos Pino, who the defendant, Ultimate Class Limousine, Inc., knew, or in the exercise of
ordinary care should have known, was incompetent to operate it.
25. The defendant, Ultimate Class Limousine, Inc., failed to investigate the driving
record of the defendant, Carlos Pino, before allowing him to operate the limousine motor vehicle
which was owned and controlled by the defendant, Ultimate Class Limousine, Inc.
26. The defendant, Ultimate Class Limousine, Inc., allowed the aforesaid limousine
motor vehicle owned and controlled by itto be operated by an incompetent, negligent and
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dangerous driver who the defendant, Ultimate Class Limousine, Inc., knew or should have
known by the use of ordinary care was incompetent to properly and safely operate it.
27. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the
driving record of the defendant, Carlos Pino.
28. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the
ability of the defendant, Carlos Pino, to operate a limousine motor vehicle.
29. The defendant, Ultimate Class Limousine, Inc., violated Section 388 of the New
York State Vehicle and Traffic Law.
30. Defendant, Ultimate Class Limousine, Inc., negligently entrusted the aforesaid
Lincoln limousine motor vehicle bearing New York State plate registration number N102124C to
the defendant, Carlos Pino.
31. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M.
Schulman, was personally injured and suffered serious injuries and death as defined in
subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic
loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the
Insurance Law of the State of New York.
32. As a result of the negligence of the defendant, Ultimate Class Limousine, Inc., as
aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all
other courts which would otherwise have jurisdiction.
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AS AND FOR A THIRD CAUSE OF ACTION SOLEY
AGAINST THE DEFENDANT, ROMEO DIMON MARINE
SERVICE. INC.
33. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"1" "32"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
34. The defendant, Romeo Dimon Marine Service, Inc., having ownership and control
over the 2005 Dodge motor vehicle bearing New York State plate registration number FC3050
and being operated by the defendant, Steven Romeo, negligently entrusted itto the defendant,
Steven Romeo, who the defendant, Romeo Dimon Marine Service, Inc., knew, or in the exercise
of ordinary care should have known, was incompetent to operate it.
35. The defendant, Romeo Dimon Marine Service, Inc., failed to investigate the
driving record of the defendant, Steven Romeo, before allowing him to operate the motor vehicle
which was owned and controlled by it.
36. The defendant, Romeo Dimon Marine Service, Inc., allowed the motor vehicle
owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver
who the defendant, Romeo Dimon Marine Service, Inc., knew or should have known by the use
of ordinary care was incompetent to properly operate it.
37. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and
review the driving record of the defendant, Steven Romeo.
38. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and
review the ability of the defendant, Steven Romeo, to properly operate the motor vehicle owned
by the defendant, Romeo Dimon Marine Service, Inc.
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39. The defendant, Romeo Dimon Marine Service, Inc., violated Section 388 of the
New York State Vehicle and Traffic Law.
40. Defendant, Romeo Dimon Marine Service, Inc., negligently entrusted the
aforesaid 2005 Dodge motor vehicle, bearing New York State plate registration number
EFC3050 to the defendant, Steven Romeo.
41. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M.
Schulman, was personally injured and suffered serious injuries and death as defined in
subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic
loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the
Insurance Law of the State of New York.
42. As a result of the negligence of the defendant, Romeo Dimon Marine Service,
Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional
limits of all other courts which would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
THE DEFENDANT. TOWN OF SOUTHOLD
43. Plaintiff repeats, reiterates, and realleges each and every allegation set forth in
1" "42"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
44. . At alltimes hereinafter mentioned, the defendant, Town of Southold, either
owned, leased, maintained and/or otherwise controlled a public highway know as Middle Road
(Route 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County
of Suffolk, State of New York.
45. The serious personal injuries and death sustained by the decedent, Brittney M.
Schulman, as aforesaid were contributed to by the defendant, Town of Southold, when the
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limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and operated
by the defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at its
intersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New
York, and collided with the 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon
Marine Service, Inc., and negligently operated by the defendant, Steven Romeo, at a high rate of
speed.
46. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was on notice that the said intersection of Middle Road (Route 48)
with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was
hazardous and dangerous to persons and vehicles driving on these roadways.
47. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was on notice that there were and a number of prior incidents and
collisions at the said intersection of Middle Road (County Road 48) with Depot Lane,
Cutchogue, Town of Southold, County of Suffolk, State of New York.
48. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was aware of the dangerous and hazardous condition of the
aforesaid roadways and failed to take any action to rectify the said intersections dangerous and
Preview
INDEX NO. INDEX NO. 611214 /2015 611214/2015 FILED: [FILED : SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02 /2017 10:16 02 : 45 AM PM_j NYSCEF NYSCEF DOC. DOC. NO. NO. 586 64 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK: Index Nos.: 611214/15 ------------------------------- -------------------------------X 609082/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16 M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16 GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16 OF AMY GRABINA, AND MINDY GRABINA, 001831/16 INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, SUPPLEMENTAL AND STEVEN BARUCH, INDIVIDUALLY; JOELLE SUMMONS DIMONTE; AND MELISSA A. CRAI, (E-FILE CASE) Plaintiffs, -against- Plaintiff designates Suffolk County as ULTIMATE CLASS LIMOUSINE, INC., CARLOS -PINO, the place of trial ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF The basis of venue is SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a Plaintiff's residence 1-5" ROYALE LIMOUSINE and "XYZ COMPANIES name being fictitious but intended to be the remanufacturers, Plaintiff resides at distributors and/or sellers of the 2007 Lincoln Town Car 36 Grand Street stretch limousine involved in the collision, Smithtown NY 11787 Defendants. ----------------- ¬-------------------------------X To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the amended complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff'sAttorney within twenty (20) days afterthe service of this summons, exclusive of the day of service (or within 30 days after the service iscomplete ifthis summons is not personally delivered to you within the State of New York ; and in cas of your failure to appear or answer, judgment will be taken against you by defau or the re demanded in the complaint. Dated: East Northport, New York March 1, 2017 HN L NO, P.C. tt eys for laintiff S' as uzanne ulman, Administratrix of the s e ofBrittney M Schulman, Deceased 39 Doyle Court East Northport, New York 11731 Tel. No. (631) 499-9300 Fax No. (631) 462-2532 Email: jlj@johnljulianope.com 1 of 2 FILED: FILED: SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02/2017 10:16 02:45 AM PM| INDEX INDEX NO. NO. 611214/2015 611214 / 2 0 15 NYSCEF NYSCEF DOC. DOC. NO. NO. 586 64 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/14/2019 03/03/2017 Defendants' addresses: ULTIMATE CLASS LIMOUSINE, INC. CARLOS PINO 12B Commercial Street 721 Old Bethpage Road Hicksville, New York 11801 Old New York I1804 Bethpage, ROMEO DIMON MARINE SERVICE, INC. STEVEN ROMEO 700 Hummel Avenue 37442 Old North Road Southold, New York 11971 Southold, New York 11971 TOWN OF SOUTHOLD COUNTY OF SUFFOLK 53095 Main Road 100 Veterans Memorial Highway Southold, New York 11971 New York 11788 Hauppauge, CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE 99 Newark Street Haverville, MA 01832-1348 2 2 of 2 FILED: FILED : SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02 /2017 10:16 02 :45 AM PM) INDEX INDEX NO. NO. 611214/2015 611214/2015 NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/14/2019 03/03/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index Nos.: 611214/15 ------------------------- -------X 609082/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16 M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16 GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16 OF AMY GRABINA, AND MINDY GRABINA, 001831/16 INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, AMENDED COMPLAINT -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, (E-FILE CASE) 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 Plaintiff, by her attorney, JOHN L. JULIANO, P.C., complaining of the defendants herein alleges as follows: THE PARTIES 1. On or about July 18, 2015, Brittney M. Schulman, died a resident of the County of Suffolk, State of New York. 2. On or about August 5, 2015, Suzanne Schulman was duly appointed Administratrix of the Estate of Brittney M. Schulman, deceased, by the Surrogate's Court, County of Suffolk, State of New York. 1 1 of 29 INDEX INDEX NO. NO. 611214/2015 611214/2015 FILED:: [FILED SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02/2017 10:16 02 :45 AM PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 3. Letters of Administration were issued to Suzanne Schulman and said plaintiff was duly qualified and is now acting as such Administratrix. 4. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Ultimate Class Limousine, Inc., was and stillis a corporation or other business entity duly authorized, existing and doing business under and by virtue of the laws of the State of New York. 5. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Carlos Pino, was and stillis a resident of the County of Nassau, State of New York. 6. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Romeo Dimon Marine Service, Inc., was and stillis a corporation or other business entity duly authorized, existing and doing business under and by virtue of the laws of the State of New York. 7. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Steven Romeo, was and stillis a resident of the County of Suffolk, State of New York. 8. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Town of Southold, was and stillis a municipal corporation or other municipal entity duly authorized, existing and operating under and by virtue of the laws of the State of New York. 9. Upon information and belief, at alltimes hereinafter mentioned, the defendant, County of Suffolk, was and stillis a municipal corporation or other municipal entity duly authorized, existing and operating under and by virtue of the laws of the State of New York. 10. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine, was and stillis a foreign corporation duly organized and existing under and by virtue of the laws of the State of Massachusetts, duly 2 2 of 29 INDEX INDEX NO. NO. 611214 /2015 611214/2015 FILED:: [FILED SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02/2017 10:16 02 :45 AM P$ NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 authorized to do business and engaged in the transaction thereof in the State of New York. The defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine has designated the Secretary of State of the State of New York as its agent for the service of process. 11. Upon information and belief, at alltimes hereinafter mentioned, the defendants, 1-5" "XYZ Companies name being fictitious but intending to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision (hereinafter referred to as "XYZ Companies 1-5"), were and stillare corporations or other business entities duly authorized and transacting business under and by virtue of the laws of the State of New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS: ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC.. and STEVEN ROMEO 12. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "l" "11" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 13. Upon information and belief and at all times herein mentioned, the defendant, Ultimate Class Limousine, Inc., was the owner of a 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate registration number N102124C. 14. At all times herein mentioned, the defendant, Carlos Pino, was operating the aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate registration number N102124C with the permission and the consent of itsowner, the defendant, Ultimate Class Limousine, Inc. 3 3 of 29 INDEX INDEX NO. NO. 611214/2015 611214/2015 FILED:: [FILED SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02 /2017 10:16 02 :45 AM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 15. Upon information and belief and at all times hereinafter mentioned, the defendant, Romeo Dimon Marine Service, Inc., was the owner of a 2005 Dodge motor vehicle bearing New York State plate registration number EFC3050. 16. At alltimes herein mentioned, the defendant, Steven Romeo, was operating the aforesaid 2005 Dodge motor vehicle bearing New York State plate registration number FC3050, with the permission and consent of itsowner, the defendant, Romeo Dimon Marine Service, Inc. 17. On July 18, 2015, the plaintiff's decedent, Brittney M. Schulman, was a lawful passenger in the aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate registration number N 102124C which was then and there being operated by the defendant, Carlos Pino. 18. On July 18, 2015, on a public highway known as Middle Road (County Road 48) at itsintersection with Depot Lane located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York, the defendants, Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, were so negligent, careless and reckless in the ownership, management, operation, and control of their motor vehicles so as to cause them to collide with each other. 19. As a result of the negligence and carelessness of the defendants, Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, as aforesaid, the plaintiffs decedent, Brittney M. Schulman, sustained and suffered serious and severe personal injuries, conscious pain and suffering and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 4 4 of 29 INDEX INDEX NO. NO. 611214 /2015 611214/2015 FILED:: IFILED SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02/2017 10:16 02 :45 AM PN| NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 20. This action falls within the exception set forth in Civil Practice Law and Rules, Section 1602(6). 21. As a result of the negligence of the defendants as aforesaid, the plaintiffs decedent, Brittney M. Schulman, suffered conscious pain and suffering and death. 22. As a result of the negligence of the defendants as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION SOLELY AGAINST THE DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC. 23. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "l" "22" paragraphs through of the verified complaint with the same force and effect as iffully set forth at length herein. 24. The defendant, Ultimate Class Limousine, Inc., having ownership and control over the aforesaid limousine motor vehicle bearing New York State plate registration number N102124C being operated by the defendant, Carlos Pino, negligently entrusted itto defendant, Carlos Pino, who the defendant, Ultimate Class Limousine, Inc., knew, or in the exercise of ordinary care should have known, was incompetent to operate it. 25. The defendant, Ultimate Class Limousine, Inc., failed to investigate the driving record of the defendant, Carlos Pino, before allowing him to operate the limousine motor vehicle which was owned and controlled by the defendant, Ultimate Class Limousine, Inc. 26. The defendant, Ultimate Class Limousine, Inc., allowed the aforesaid limousine motor vehicle owned and controlled by itto be operated by an incompetent, negligent and 5 5 of 29 INDEX INDEX NO. NO. 611214/2015 611214/2015 FILED: FILED : SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02/2017 10:16 02 :45 AM PM NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 dangerous driver who the defendant, Ultimate Class Limousine, Inc., knew or should have known by the use of ordinary care was incompetent to properly and safely operate it. 27. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the driving record of the defendant, Carlos Pino. 28. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the ability of the defendant, Carlos Pino, to operate a limousine motor vehicle. 29. The defendant, Ultimate Class Limousine, Inc., violated Section 388 of the New York State Vehicle and Traffic Law. 30. Defendant, Ultimate Class Limousine, Inc., negligently entrusted the aforesaid Lincoln limousine motor vehicle bearing New York State plate registration number N102124C to the defendant, Carlos Pino. 31. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M. Schulman, was personally injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 32. As a result of the negligence of the defendant, Ultimate Class Limousine, Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. 6 6 of 29 INDEX INDEX NO. NO. 611214/2015 611214/2015 FILED: FILED : SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02 /2017 10:16 02 :45 AM PM NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 AS AND FOR A THIRD CAUSE OF ACTION SOLEY AGAINST THE DEFENDANT, ROMEO DIMON MARINE SERVICE. INC. 33. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "1" "32" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 34. The defendant, Romeo Dimon Marine Service, Inc., having ownership and control over the 2005 Dodge motor vehicle bearing New York State plate registration number FC3050 and being operated by the defendant, Steven Romeo, negligently entrusted itto the defendant, Steven Romeo, who the defendant, Romeo Dimon Marine Service, Inc., knew, or in the exercise of ordinary care should have known, was incompetent to operate it. 35. The defendant, Romeo Dimon Marine Service, Inc., failed to investigate the driving record of the defendant, Steven Romeo, before allowing him to operate the motor vehicle which was owned and controlled by it. 36. The defendant, Romeo Dimon Marine Service, Inc., allowed the motor vehicle owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver who the defendant, Romeo Dimon Marine Service, Inc., knew or should have known by the use of ordinary care was incompetent to properly operate it. 37. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and review the driving record of the defendant, Steven Romeo. 38. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and review the ability of the defendant, Steven Romeo, to properly operate the motor vehicle owned by the defendant, Romeo Dimon Marine Service, Inc. 7 7 of 29 SUFFOLK¯ INDEX INDEX NO. NO. 611214/2015 611214/2015 FILED:: FILED SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02/2017 10:16 02 :45 AM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 39. The defendant, Romeo Dimon Marine Service, Inc., violated Section 388 of the New York State Vehicle and Traffic Law. 40. Defendant, Romeo Dimon Marine Service, Inc., negligently entrusted the aforesaid 2005 Dodge motor vehicle, bearing New York State plate registration number EFC3050 to the defendant, Steven Romeo. 41. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M. Schulman, was personally injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 42. As a result of the negligence of the defendant, Romeo Dimon Marine Service, Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE DEFENDANT. TOWN OF SOUTHOLD 43. Plaintiff repeats, reiterates, and realleges each and every allegation set forth in 1" "42" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 44. . At alltimes hereinafter mentioned, the defendant, Town of Southold, either owned, leased, maintained and/or otherwise controlled a public highway know as Middle Road (Route 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County of Suffolk, State of New York. 45. The serious personal injuries and death sustained by the decedent, Brittney M. Schulman, as aforesaid were contributed to by the defendant, Town of Southold, when the 8 8 of 29 INDEX INDEX NO. NO. 611214/2015 611214/2015 FILED:: [FILED SUFFOLK SUFFOLK COUNTY COUNTY CLERK CLERK 11/14/2019 03/02 /2017 10:16 02 :45 AM P NYSCEF NYSCEF DOC. DOC. NO. NO. 586 65 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/03/2017 11/14/2019 limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and operated by the defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at its intersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and collided with the 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and negligently operated by the defendant, Steven Romeo, at a high rate of speed. 46. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was on notice that the said intersection of Middle Road (Route 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and dangerous to persons and vehicles driving on these roadways. 47. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was on notice that there were and a number of prior incidents and collisions at the said intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. 48. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was aware of the dangerous and hazardous condition of the aforesaid roadways and failed to take any action to rectify the said intersections dangerous and