Preview
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________________________________________________
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE
OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M
ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY
GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN
BARUCH A/O/E 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 E/O STEPHANIE BELLI,
Plaintiffs,
-against- Index No.:
611214/15
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 1-5 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
One CA Plaza
Islandia, New York
June 26, 2019
9:34 a.m.
EXAMINATION BEFORE TRIAL OF ROMEO DIMON
MARINE SERVICE, INC., by KRISTOPHER DIMON, a
Defendant herein, taken by the attorneys for the
respective parties, pursuant to Court Order, held
at the above time and place before Nichole
Bugeja, a Stenotype Reporter and Notary Public
within and for the State of New York.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
2
1 A P P E A R A N C E S :
2
3 JOHN L. JULIANO, P.C.
Attorney for Plaintiff Suzanne Schulman as
4 administratrix of the estate of
Brittney M. Schulman, deceased
5 39 Doyle Court
East Northport, New York 11731
6
BY: JOHN L. JULIANO, ESQ.
7
8
9 THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff Alicia M. Arundel
10 1415 Kellum Place, Suite 205
Garden City, New York 11530
11
BY: PETER BONGIORNO, ESQ.
12 File No.: 6230.PP
13
1 14 PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff Olga Lipets
15 14 Penn Plaza, Suite 2202
New York, New York 10122
16
BY: IAN CHAIKIN, ESQ.
17
18
19 FRANK J. LAINE, P.C.
Attorney for Plaintiff Mindy Grabina A/O/E
20 Amy Grabina, and Mindy Grabina, individually
449 South Oyster Bay Road
21 Plainview, New York 11803
22 BY: FRANK J. LAINE, ESQ.
23
24 (Continued on following page)
25
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
3
1 A P P E A R A N C E S: (Continued)
2
3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff Steven Baruch A/O/E
4 Lauren Baruch, deceased, and Steven Baruch,
individually
5 1140 Franklin Avenue, Suite 200
Garden City, New York 11530
6
BY: ROBERT SULLIVAN, ESQ.
7
8
9 PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff Joelle DiMonte
10 One Hollow Lane, Suite 107
Lake Success, New York 11042
11
BY: GARY NIELSEN, ESQ.
12
13
14 JOSEPH J. TOCK, ESQ.
Attorney for Plaintiff Melissa A. Crai
15 936 Route 6
Mahopac, New York 10541
16
BY: JOSEPH J. TOCK, ESQ.
17
18
19 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Arthur A. Belli, Jr. as parent
20 and natural guardian of Stephanie Belli,
deceased, and as the administrator of the
21 E/O Stephanie Belli
1 Penn Plaza, Suite 5315
22 New York, New York 10119
23 BY: DANIEL SEIDEN, ESQ.
File No. 4044
24
25 (Continued on following page)
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
4
1 A P P E A R A N C E S: (Continued)
2
3 AHMUTY, DEMERS & McMANUS, ESQS.
Attorneys for Defendants Ultimate Class
4 Limousine, Inc. and Carlos F. Pino
200 I.U. Willets Road
5 Albertson, New York 11507
6 BY: NEIL PALMIERI, ESQ.
File No. lBM 068515
7
8
9 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
10 Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
11 Garden City, New York 11530
12 BY: DAVID F. TAVELLA, ESQ.
File No.: 0412DVM
13
14
15 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant Steven D. Romeo
16 One CA Plaza, Suite 225
Islandia, New York 11749
17
BY: REBECCA DEVLIN, ESQ.
18 File No.: 0114.1460.001C
19
20
21 LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant Town of Southold
22 280 Smithtown Boulevard
Nesconset, New York 11767
23
BY: DAVID H. ARNTSEN, ESQ.
24
25 (Continued on following page)
....
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
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1 A P P E A R A N C E S: (Continued)
2
3 LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
4 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
5
BY: VINCENT D. McNAMARA, ESQ.
6 File No.: 907-4577
7
8 LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
9 Cabot Coach Builders, Inc.
P.O. Box 2903
10 Hartford, Connecticut 06104-2903
11
BY: STEVEN STEIGERWALD, ESQ.
12 File No. 2017024539SAS
13
14 ALSO PRESENT:
15 CHRIS HERNANDEZ, Intern with Joseph J. Tock, Esq.
16 OLIVIA SEGOTA, Intern with the Law Offices of
Vincent D. McNamara
17
18
19
20
21
22
23
24
25
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
3 221.1 OBJECTIONS AT DEPOSITIONS
4 (a) Objections in general. No objections
shall be made at a deposition except those
5 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
6 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
7 such rule. All objections made at a deposition
shall be noted by the officer before whom the
8 deposition is taken, and the answer shall be
given and the deposition shall proceed subject
9 to the objections and to the right of a person
to apply for appropriate relief pursuant to
10 Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall be
stated succinctly and framed so as not to
12 suggest an answer to the deponent and, at the
request of the questioning attorney, shall
13 include a clear statement as to any defect in
form or other basis of error or irregularity.
14 Except to the extent permitted by CPLR Rule 3115
or by this rule, during the course of the
15 examination, persons shall not make statements
or comments that interfere with the questioning.
16
221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE.
17
A deponent shall answer all questions at a
18 deposition, except (i) to preserve a privilege
or right of confidentiality, (ii) to enforce a
19 limitation set forth in an order of the court,
or (iii) when the question is plainly improper
20 and would, if answered, cause significant
prejudice to any person. An attorney shall not
21 direct a deponent not to answer except as
provided in CPLR Rule 3115 or this subdivision.
22 Any refusal to answer or direction not to answer
shall be accompanied by a succinct and clear
23 statement of the basis therefore. If a deponent
does not answer a question, the examining party
24 shall have the right to complete the remainder
of the deposition.
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
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1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
3 221.3 Communication with the deponent.
4 An attorney shall not interrupt the
deposition for the purpose of communication with
5 the deponent unless all parties consent or the
communication is made for the purpose of
6 determining whether the question should not be
answered on the grounds set forth in Section
7 221.2 of these rules and, in such event, the
reason for the communication shall be stated for
8 the record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before a Notary
11 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
12
13 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
14 all purposes as provided by the CPLR.
15 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
16 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
17 respect hereto.
18 IT IS FURTHER STIPULATED AND AGREED by an
between the attorneys for the respective parties
19 that a copy of this examination shall be
furnished, without charge, to the attorney
20 representing the witness testifying herein.
21 * * * *
22
23
24
25
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
8
1
2 K R I S T O P H E R D I M O N, called as a
3 witness, having been duly sworn by a Notary
4 Public of the State of New York, was examined
5 and testified as follows:
6 EXAMINATION BY
7 FRANK J. LAINE, ESQ.:
8 Q. Please state your full name for the
9 record.
10 A. Kristopher Dimon.
11 Q. Can you tell us where you currently
12 live.
13 A. 360 Sunset Avenue, Mattituck, New York
14 11952.
15 Q. My name is Frank Laine. I represent the
16 estate of Amy Grabina, one of the young women
17 that died in this tragic collision on 7/18/15.
18 I'm going to be asking you a series of questions
19 today. If you don't understand one of my
20 questions, please let me know, and I'll be happy
21 to repeat or rephrase it so you do understand.
22 Is that understood.
23 A. Yes.
24 Q. I'll also ask that you keep your
25 responses to my questions verbal so the court
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
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1 K. Dimon
2 reporter can take down your responses, okay?
3 A. Okay.
4 Q. How long have you lived at that address
5 in Mattituck?
6 A. Over twelve years.
7 Q. Where did you live on July 18, 2015?
8 A. Same address I gave you.
9 Q. Are you currently employed?
10 A. Yes.
11 Q. By whom?
12 A. Fair Seas Marine and Southold Town
13 Police Department.
14 Q. Let's start with the first employment.
15 What's the name of the place?
16 A. Fair Seas Marine.
17 MR. JULIANO: Fair Seas?
18 THE WITNESS: Correct.
19 MR. JULIANO: F-A-I-R?
20 THE WITNESS: Yes.
21 Q. Fair Seas Marine, is that a corporation,
22 a partnership, or something else?
23 A. Corporation.
24 Q. Where is Fair Seas located?
25 A. 650 Hummel Avenue, Southold, New York
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
10
1 K. Dimon
2 11971.
3 Q. Currently in what capacity are you
4 employed with Fair Seas?
5 A. I'm the president.
6 Q. I'm sorry, what other employment do you
7 currently have?
8 A. I work for Southold Town Police
9 Department.
10 Q. In what capacity do you work for
11 Southold Town Police Department?
12 A. I'm employed as a bay constable.
13 MR. JULIANO: I'm sorry.
14 Q. A bay constable?
15 A. Yes.
16 Q. Is that a peace officer status, police
17 officer status, or something else?
18 A. I don't see the relevance here, but it's
19 a peace officer status.
20 Q. For how long have you been a bay
21 constable for the Southold Police Department?
22 A. Since February of last year.
23 Q. Do you carry a firearm?
24 A. Yes.
25 Q. By whom were you employed back on July
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
11
1 K. Dimon
2 18, 2015?
3 A. Romeo Dimon Marine Service.
4 Q. Where was Romeo Dimon Marine Service
5 located back in July of 2015?
6 A. 650 Hummel Avenue, Southold, New York.
7 Q. Was Romeo Dimon ever physically located
8 at 700 Hummel Avenue?
9 A. It shares -- the address is the block,
10 so there's a little confusion as to whether it's
11 650 or 700, so...
12 Q. But it's the same building?
13 A. It's the same piece of property.
14 Q. Is there a physical structure at that
15 location?
16 A. Yes.
17 Q. Back in July of 2015, in what capacity
18 were you employed at Romeo Dimon Marine Service?
19 A. President, co-owner.
20 Q. What were your duties and
21 responsibilities back in July of 2015 with Romeo
22 Dimon marine?
23 A. Maintain customer vessels, oversee
24 staffing.
25 Q. When you say vessels, we're talking
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
12
1 K. Dimon
2 about boats?
3 A. Correct.
4 Q. Are we talking about jet skis?
5 A. No.
6 Q. Just boats?
7 A. Boats.
8 Q. What type of business was Romeo Dimon
9 Marine back in July 2015, what services, if any,
10 did they perform?
11 A. It's a mobile marine service that
12 provided maintenance, shrink wrap winterization,
13 storage.
14 Q. Did you repair boats and boat engines or
15 anything like that?
16 A. Yes.
17 Q. other things that did9
Any they
18 A. No. Boats.
19 Q. Back on July 18, 2015, who were the
20 owners, all of the owners, and the stockholders
21 of Romeo Dimon Marine Service Inc.?
22 A. Steve Romeo and myself.
23 Q. Just the two of you?
24 A. Correct.
25 Q. Now, also back on July 18, 2015, who
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
13
1 K. Dimon
2 were the officers of the corporation known as
3 Romeo Dimon Marine Service Inc.?
4 A. Myself and Steve Romeo.
5 Q. Your title was?
6 A. President.
7 Q. And Steve's title was?
8 A. Vice president.
9 Q. When did the name change from Romeo
10 Dimon Marine to Fair Seas?
11 MR. TAVELLA: Note my objection. You
12 can answer.
13 MR. JULIANO: What?
14 MR. TAVELLA: I objected. He can
15 answer.
16 A. It changed June or July of '16, not sure
17 of the exact day.
18 Q. Why did you change the name from Romeo
19 Dimon to Fair Seas?
20 A. Because I had to buy-out my partner, and
21 with all the things that were going on with him,
22 I felt it to be needed to be a fresh start to
23 make it for myself, rather than have an accident
24 weigh on me personally.
25 Q. Did the name change have anything to do
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
14
1 K. Dimon
2 with the publicity surrounding this accident on
3 7/18/15?
4 A. It didn't have to do with publicity, per
5 se. It had to do with my perception of what I
6 wanted moving forward.
7 Q. What perception were you trying to avoid
8 by changing the name?
9 A. I wanted to get away from my name and
10 Steve Romeo's name being tied together, and for
11 the future, if something happened to me on a
12 personal level, it wasn't my name immediately
13 tied to the so it --
company,
14 Q. Fair enough. Back on July 18, 2015, was
15 Steven Romeo also an employee of Romeo Dimon
16 Marine --
17 A. Yeah.
18 Q. -- other than a co-owner?
being
19 A. Yes.
20 Q. What title of duties did he perform back
21 in July of 2015?
22 A. He was a mechanic.
23 Q. At some point did you become aware that
24 Steve Romeo was involved in an accident on July
25 18, 2015, while operating a red Dodge 2005 pickup
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NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019
15
1 K. Dimon
2 truck?
3 A. Yes.
4 Q. Do you know who the owner of that 2005
5 red Dodge pickup truck was back in July of 2015?
6 A. Steve Romeo.
7 Q. Prior to July 18, 2015, did Steven Romeo
8 ever use that 2005 Dodge pickup truck to
9 transport any boat or engine parts for Romeo
10 Dimon Marine Services, Inc.?
11 A. No.
12 Q. Ever?
13 A. No. It's --
14 Q. Not one time?
15 A. Nope.
16 Q. Prior to July 18, 2015, how often did
17 Steve Romeo use that 2005 red Dodge pickup to
18 come back and forth to work; was it every day,
19 every other day, however you can describe it?
20 A. I believe at the he used his --
time,
21 the work van to go back and forth to work.
22 MR. LAINE: Move to strike those
23 portions that are nonresponsive.
24 Q. My question is with regards to the red
25 2005 Dodge how if ever --
pickup truck, often,
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 591
Preview
FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________________________________________________ SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/E 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 E/O STEPHANIE BELLI, Plaintiffs, -against- Index No.: 611214/15 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 1-5 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 One CA Plaza Islandia, New York June 26, 2019 9:34 a.m. EXAMINATION BEFORE TRIAL OF ROMEO DIMON MARINE SERVICE, INC., by KRISTOPHER DIMON, a Defendant herein, taken by the attorneys for the respective parties, pursuant to Court Order, held at the above time and place before Nichole Bugeja, a Stenotype Reporter and Notary Public within and for the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 2 1 A P P E A R A N C E S : 2 3 JOHN L. JULIANO, P.C. Attorney for Plaintiff Suzanne Schulman as 4 administratrix of the estate of Brittney M. Schulman, deceased 5 39 Doyle Court East Northport, New York 11731 6 BY: JOHN L. JULIANO, ESQ. 7 8 9 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 10 1415 Kellum Place, Suite 205 Garden City, New York 11530 11 BY: PETER BONGIORNO, ESQ. 12 File No.: 6230.PP 13 1 14 PARIS & CHAIKIN, PLLC Attorneys for Plaintiff Olga Lipets 15 14 Penn Plaza, Suite 2202 New York, New York 10122 16 BY: IAN CHAIKIN, ESQ. 17 18 19 FRANK J. LAINE, P.C. Attorney for Plaintiff Mindy Grabina A/O/E 20 Amy Grabina, and Mindy Grabina, individually 449 South Oyster Bay Road 21 Plainview, New York 11803 22 BY: FRANK J. LAINE, ESQ. 23 24 (Continued on following page) 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 3 1 A P P E A R A N C E S: (Continued) 2 3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. Attorneys for Plaintiff Steven Baruch A/O/E 4 Lauren Baruch, deceased, and Steven Baruch, individually 5 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 6 BY: ROBERT SULLIVAN, ESQ. 7 8 9 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle DiMonte 10 One Hollow Lane, Suite 107 Lake Success, New York 11042 11 BY: GARY NIELSEN, ESQ. 12 13 14 JOSEPH J. TOCK, ESQ. Attorney for Plaintiff Melissa A. Crai 15 936 Route 6 Mahopac, New York 10541 16 BY: JOSEPH J. TOCK, ESQ. 17 18 19 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Arthur A. Belli, Jr. as parent 20 and natural guardian of Stephanie Belli, deceased, and as the administrator of the 21 E/O Stephanie Belli 1 Penn Plaza, Suite 5315 22 New York, New York 10119 23 BY: DANIEL SEIDEN, ESQ. File No. 4044 24 25 (Continued on following page) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 4 1 A P P E A R A N C E S: (Continued) 2 3 AHMUTY, DEMERS & McMANUS, ESQS. Attorneys for Defendants Ultimate Class 4 Limousine, Inc. and Carlos F. Pino 200 I.U. Willets Road 5 Albertson, New York 11507 6 BY: NEIL PALMIERI, ESQ. File No. lBM 068515 7 8 9 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 10 Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 11 Garden City, New York 11530 12 BY: DAVID F. TAVELLA, ESQ. File No.: 0412DVM 13 14 15 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven D. Romeo 16 One CA Plaza, Suite 225 Islandia, New York 11749 17 BY: REBECCA DEVLIN, ESQ. 18 File No.: 0114.1460.001C 19 20 21 LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 22 280 Smithtown Boulevard Nesconset, New York 11767 23 BY: DAVID H. ARNTSEN, ESQ. 24 25 (Continued on following page) .... 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 5 1 A P P E A R A N C E S: (Continued) 2 3 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 4 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 5 BY: VINCENT D. McNAMARA, ESQ. 6 File No.: 907-4577 7 8 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant 9 Cabot Coach Builders, Inc. P.O. Box 2903 10 Hartford, Connecticut 06104-2903 11 BY: STEVEN STEIGERWALD, ESQ. 12 File No. 2017024539SAS 13 14 ALSO PRESENT: 15 CHRIS HERNANDEZ, Intern with Joseph J. Tock, Esq. 16 OLIVIA SEGOTA, Intern with the Law Offices of Vincent D. McNamara 17 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 3 221.1 OBJECTIONS AT DEPOSITIONS 4 (a) Objections in general. No objections shall be made at a deposition except those 5 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 6 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 7 such rule. All objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed subject 9 to the objections and to the right of a person to apply for appropriate relief pursuant to 10 Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not to 12 suggest an answer to the deponent and, at the request of the questioning attorney, shall 13 include a clear statement as to any defect in form or other basis of error or irregularity. 14 Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the 15 examination, persons shall not make statements or comments that interfere with the questioning. 16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE. 17 A deponent shall answer all questions at a 18 deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a 19 limitation set forth in an order of the court, or (iii) when the question is plainly improper 20 and would, if answered, cause significant prejudice to any person. An attorney shall not 21 direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. 22 Any refusal to answer or direction not to answer shall be accompanied by a succinct and clear 23 statement of the basis therefore. If a deponent does not answer a question, the examining party 24 shall have the right to complete the remainder of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 3 221.3 Communication with the deponent. 4 An attorney shall not interrupt the deposition for the purpose of communication with 5 the deponent unless all parties consent or the communication is made for the purpose of 6 determining whether the question should not be answered on the grounds set forth in Section 7 221.2 of these rules and, in such event, the reason for the communication shall be stated for 8 the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before a Notary 11 Public with the same force and effect as if signed before a clerk or a Judge of the court. 12 13 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 14 all purposes as provided by the CPLR. 15 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 16 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 17 respect hereto. 18 IT IS FURTHER STIPULATED AND AGREED by an between the attorneys for the respective parties 19 that a copy of this examination shall be furnished, without charge, to the attorney 20 representing the witness testifying herein. 21 * * * * 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 8 1 2 K R I S T O P H E R D I M O N, called as a 3 witness, having been duly sworn by a Notary 4 Public of the State of New York, was examined 5 and testified as follows: 6 EXAMINATION BY 7 FRANK J. LAINE, ESQ.: 8 Q. Please state your full name for the 9 record. 10 A. Kristopher Dimon. 11 Q. Can you tell us where you currently 12 live. 13 A. 360 Sunset Avenue, Mattituck, New York 14 11952. 15 Q. My name is Frank Laine. I represent the 16 estate of Amy Grabina, one of the young women 17 that died in this tragic collision on 7/18/15. 18 I'm going to be asking you a series of questions 19 today. If you don't understand one of my 20 questions, please let me know, and I'll be happy 21 to repeat or rephrase it so you do understand. 22 Is that understood. 23 A. Yes. 24 Q. I'll also ask that you keep your 25 responses to my questions verbal so the court 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 9 1 K. Dimon 2 reporter can take down your responses, okay? 3 A. Okay. 4 Q. How long have you lived at that address 5 in Mattituck? 6 A. Over twelve years. 7 Q. Where did you live on July 18, 2015? 8 A. Same address I gave you. 9 Q. Are you currently employed? 10 A. Yes. 11 Q. By whom? 12 A. Fair Seas Marine and Southold Town 13 Police Department. 14 Q. Let's start with the first employment. 15 What's the name of the place? 16 A. Fair Seas Marine. 17 MR. JULIANO: Fair Seas? 18 THE WITNESS: Correct. 19 MR. JULIANO: F-A-I-R? 20 THE WITNESS: Yes. 21 Q. Fair Seas Marine, is that a corporation, 22 a partnership, or something else? 23 A. Corporation. 24 Q. Where is Fair Seas located? 25 A. 650 Hummel Avenue, Southold, New York 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 10 1 K. Dimon 2 11971. 3 Q. Currently in what capacity are you 4 employed with Fair Seas? 5 A. I'm the president. 6 Q. I'm sorry, what other employment do you 7 currently have? 8 A. I work for Southold Town Police 9 Department. 10 Q. In what capacity do you work for 11 Southold Town Police Department? 12 A. I'm employed as a bay constable. 13 MR. JULIANO: I'm sorry. 14 Q. A bay constable? 15 A. Yes. 16 Q. Is that a peace officer status, police 17 officer status, or something else? 18 A. I don't see the relevance here, but it's 19 a peace officer status. 20 Q. For how long have you been a bay 21 constable for the Southold Police Department? 22 A. Since February of last year. 23 Q. Do you carry a firearm? 24 A. Yes. 25 Q. By whom were you employed back on July 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 11 1 K. Dimon 2 18, 2015? 3 A. Romeo Dimon Marine Service. 4 Q. Where was Romeo Dimon Marine Service 5 located back in July of 2015? 6 A. 650 Hummel Avenue, Southold, New York. 7 Q. Was Romeo Dimon ever physically located 8 at 700 Hummel Avenue? 9 A. It shares -- the address is the block, 10 so there's a little confusion as to whether it's 11 650 or 700, so... 12 Q. But it's the same building? 13 A. It's the same piece of property. 14 Q. Is there a physical structure at that 15 location? 16 A. Yes. 17 Q. Back in July of 2015, in what capacity 18 were you employed at Romeo Dimon Marine Service? 19 A. President, co-owner. 20 Q. What were your duties and 21 responsibilities back in July of 2015 with Romeo 22 Dimon marine? 23 A. Maintain customer vessels, oversee 24 staffing. 25 Q. When you say vessels, we're talking 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 12 1 K. Dimon 2 about boats? 3 A. Correct. 4 Q. Are we talking about jet skis? 5 A. No. 6 Q. Just boats? 7 A. Boats. 8 Q. What type of business was Romeo Dimon 9 Marine back in July 2015, what services, if any, 10 did they perform? 11 A. It's a mobile marine service that 12 provided maintenance, shrink wrap winterization, 13 storage. 14 Q. Did you repair boats and boat engines or 15 anything like that? 16 A. Yes. 17 Q. other things that did9 Any they 18 A. No. Boats. 19 Q. Back on July 18, 2015, who were the 20 owners, all of the owners, and the stockholders 21 of Romeo Dimon Marine Service Inc.? 22 A. Steve Romeo and myself. 23 Q. Just the two of you? 24 A. Correct. 25 Q. Now, also back on July 18, 2015, who 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 13 1 K. Dimon 2 were the officers of the corporation known as 3 Romeo Dimon Marine Service Inc.? 4 A. Myself and Steve Romeo. 5 Q. Your title was? 6 A. President. 7 Q. And Steve's title was? 8 A. Vice president. 9 Q. When did the name change from Romeo 10 Dimon Marine to Fair Seas? 11 MR. TAVELLA: Note my objection. You 12 can answer. 13 MR. JULIANO: What? 14 MR. TAVELLA: I objected. He can 15 answer. 16 A. It changed June or July of '16, not sure 17 of the exact day. 18 Q. Why did you change the name from Romeo 19 Dimon to Fair Seas? 20 A. Because I had to buy-out my partner, and 21 with all the things that were going on with him, 22 I felt it to be needed to be a fresh start to 23 make it for myself, rather than have an accident 24 weigh on me personally. 25 Q. Did the name change have anything to do 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 14 1 K. Dimon 2 with the publicity surrounding this accident on 3 7/18/15? 4 A. It didn't have to do with publicity, per 5 se. It had to do with my perception of what I 6 wanted moving forward. 7 Q. What perception were you trying to avoid 8 by changing the name? 9 A. I wanted to get away from my name and 10 Steve Romeo's name being tied together, and for 11 the future, if something happened to me on a 12 personal level, it wasn't my name immediately 13 tied to the so it -- company, 14 Q. Fair enough. Back on July 18, 2015, was 15 Steven Romeo also an employee of Romeo Dimon 16 Marine -- 17 A. Yeah. 18 Q. -- other than a co-owner? being 19 A. Yes. 20 Q. What title of duties did he perform back 21 in July of 2015? 22 A. He was a mechanic. 23 Q. At some point did you become aware that 24 Steve Romeo was involved in an accident on July 25 18, 2015, while operating a red Dodge 2005 pickup 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591 RECEIVED NYSCEF: 11/14/2019 15 1 K. Dimon 2 truck? 3 A. Yes. 4 Q. Do you know who the owner of that 2005 5 red Dodge pickup truck was back in July of 2015? 6 A. Steve Romeo. 7 Q. Prior to July 18, 2015, did Steven Romeo 8 ever use that 2005 Dodge pickup truck to 9 transport any boat or engine parts for Romeo 10 Dimon Marine Services, Inc.? 11 A. No. 12 Q. Ever? 13 A. No. It's -- 14 Q. Not one time? 15 A. Nope. 16 Q. Prior to July 18, 2015, how often did 17 Steve Romeo use that 2005 red Dodge pickup to 18 come back and forth to work; was it every day, 19 every other day, however you can describe it? 20 A. I believe at the he used his -- time, 21 the work van to go back and forth to work. 22 MR. LAINE: Move to strike those 23 portions that are nonresponsive. 24 Q. My question is with regards to the red 25 2005 Dodge how if ever -- pickup truck, often, 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/14/2019 10:16 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 591