On October 21, 2015 a
Motion-Secondary
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
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,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/2015
ADMINISTRATRIX OF THE ESTATE OF BRITTANY M.
SCHULMAN, DECEASED; OLGA LIPETS; MINDY
GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA, AND MINDY GRABINA,
INDIVIDUALLY; STEVEN BARUCH, AS
ADMINISTRATOR OF THE ESTATE OF LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI;
AND ARTHUR A. BELLI, JR., AS PARENT AND NATURAL
GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS
THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE
BELLI,
Plaintiffs, DEFENDANT COUNTY’S
RESPONSE TO NOTICE
-against- FOR DISCOVERY AND
INSPECTION BY
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, PLAINTIFF ARUNDEL
ROMEO DIMON MARINE SERVICE, INC., STEVEN D.
ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK,
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE
and "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
S I R S:
PLEASE TAKE NOTICE, that Defendant COUNTY OF SUFFOLK, by its attorneys, the
LAW OFFICE OF VINCENT D. McNAMARA, as and for a response to the NOTICE FOR
DISCOVERY AND INSPECTION by Plaintiff ARUNDEL dated September 22, 2020, states as
follows, upon information and belief:
1. A full and complete copy of the Town of Southold’s Response to the Suffolk County DPW
correspondence dated May 6, 2013, a copy of which is annexed hereto as “Exhibit A.”
RESPONSE: Defendant objects to this demand as being overly broad, vague, unduly
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020
burdensome and palpably improper, and neither material nor necessary to the
prosecution of this matter. Notwithstanding those objections, a search was
conducted for responsive documentation, which came up negative with respect
to the County of Suffolk’s May 6, 2013 correspondence. The discovery response
served by the Town of Southold, dated October 20, 2020, which includes the
Affidavit of Heather Lanza, evidences the reason why no responsive documents
were found in the County’s file - the County of Suffolk received no response to
the May 6, 2013 correspondence.
PLEASE TAKE FURTHER NOTICE that Defendant reserves its right to supplement
and/or amend the foregoing if and when additional information becomes available, up to and
including at the time of trial.
Dated: East Norwich, New York
October 21, 2020 Yours, etc.,
LAW OFFICE OF VINCENT D. McNAMARA
By:
CHARLES D. TEIXEIRA, ESQ.
Attorneys for Defendant
COUNTY OF SUFFOLK
Tower Square
1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
T: (516) 922-9100
F: (516) 922-9208
File: 907-4677
To:
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
ARUNDEL
1415 Kellum Blvd., Suite 205
Garden City, New York 11530
(516) 741-4170
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020
JOHN J. JULIANO, P.C.
Attorneys for Plaintiff
ESTATE OF SCHULMAN
39 Doyle Court
East Northport, New York 11731
(613) 499-9300
PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff
LIPETS
14 Penn Plaza, Suite 2202
New York, New York 10122
(212) 742-0476
FRANK J. LAINE, P.C.
Attorneys for Plaintiff
ESTATE OF GRABINA
449 South Oyster Bay Road
Plainview, New York 11803
(516) 937-1010
SULLIVAN PAPAIN BLOCK McGRATH
& CANNAVO, P.C.
Attorneys for Plaintiff
ESTATE OF BARUCH
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 742-0707
PEGALIS LAW GROUP
Attorneys for Plaintiff
DIMONTE
One Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2900
LAW OFFICES OF JOSEPH J. TOCK
Attorneys for Plaintiff
CRAI
963 Route 6
Mahopac, New York 10541
(845) 208-5995
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020
BLOCK, O’TOOLE & MURPHY, LLP
Attorneys for Plaintiff
ESTATE OF BELLI
1 Pennsylvania Plaza, Suite 5315
New York, New York 10119
(212) 736-5300
LEWIS JOHS AVALLONE & AVILES, LLP
Attorneys for Defendant
STEVEN D. ROMEO
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC
Attorneys for Defendants
CARLOS F. PINO & ULTIMATE CLASS LIMOUSINE, INC.
200 Old Country Road, Suite 680
Mineola, New York 11501
516-620-4490
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
LAW OFFICES OF THOMAS M, VOLZ, PLLC
Attorneys for Defendant
TOWN OF SOUTHOLD
280 Smithtown Boulevard
Nesconset, New York 11767
(631) 366-2700
LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
CABOT COACH BUILDERS, INC.
d/b/a ROYALE LIMOUSINE
3 Huntington Quadrangle, Suite 102S
Melville, NY 11747
Mailing Address:
PO Box 2903
Hartford, CT 06104-2903
(631) 501-3100
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Preview
FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/2015 ADMINISTRATRIX OF THE ESTATE OF BRITTANY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI; AND ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, Plaintiffs, DEFENDANT COUNTY’S RESPONSE TO NOTICE -against- FOR DISCOVERY AND INSPECTION BY ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, PLAINTIFF ARUNDEL ROMEO DIMON MARINE SERVICE, INC., STEVEN D. ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "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 S I R S: PLEASE TAKE NOTICE, that Defendant COUNTY OF SUFFOLK, by its attorneys, the LAW OFFICE OF VINCENT D. McNAMARA, as and for a response to the NOTICE FOR DISCOVERY AND INSPECTION by Plaintiff ARUNDEL dated September 22, 2020, states as follows, upon information and belief: 1. A full and complete copy of the Town of Southold’s Response to the Suffolk County DPW correspondence dated May 6, 2013, a copy of which is annexed hereto as “Exhibit A.” RESPONSE: Defendant objects to this demand as being overly broad, vague, unduly 1 of 4 FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020 burdensome and palpably improper, and neither material nor necessary to the prosecution of this matter. Notwithstanding those objections, a search was conducted for responsive documentation, which came up negative with respect to the County of Suffolk’s May 6, 2013 correspondence. The discovery response served by the Town of Southold, dated October 20, 2020, which includes the Affidavit of Heather Lanza, evidences the reason why no responsive documents were found in the County’s file - the County of Suffolk received no response to the May 6, 2013 correspondence. PLEASE TAKE FURTHER NOTICE that Defendant reserves its right to supplement and/or amend the foregoing if and when additional information becomes available, up to and including at the time of trial. Dated: East Norwich, New York October 21, 2020 Yours, etc., LAW OFFICE OF VINCENT D. McNAMARA By: CHARLES D. TEIXEIRA, ESQ. Attorneys for Defendant COUNTY OF SUFFOLK Tower Square 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 T: (516) 922-9100 F: (516) 922-9208 File: 907-4677 To: THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff ARUNDEL 1415 Kellum Blvd., Suite 205 Garden City, New York 11530 (516) 741-4170 2 of 4 FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020 JOHN J. JULIANO, P.C. Attorneys for Plaintiff ESTATE OF SCHULMAN 39 Doyle Court East Northport, New York 11731 (613) 499-9300 PARIS & CHAIKIN, PLLC Attorneys for Plaintiff LIPETS 14 Penn Plaza, Suite 2202 New York, New York 10122 (212) 742-0476 FRANK J. LAINE, P.C. Attorneys for Plaintiff ESTATE OF GRABINA 449 South Oyster Bay Road Plainview, New York 11803 (516) 937-1010 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. Attorneys for Plaintiff ESTATE OF BARUCH 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 742-0707 PEGALIS LAW GROUP Attorneys for Plaintiff DIMONTE One Hollow Lane, Suite 107 Lake Success, New York 11042 (516) 684-2900 LAW OFFICES OF JOSEPH J. TOCK Attorneys for Plaintiff CRAI 963 Route 6 Mahopac, New York 10541 (845) 208-5995 3 of 4 FILED: SUFFOLK COUNTY CLERK 10/22/2020 06:05 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 704 RECEIVED NYSCEF: 10/22/2020 BLOCK, O’TOOLE & MURPHY, LLP Attorneys for Plaintiff ESTATE OF BELLI 1 Pennsylvania Plaza, Suite 5315 New York, New York 10119 (212) 736-5300 LEWIS JOHS AVALLONE & AVILES, LLP Attorneys for Defendant STEVEN D. ROMEO One CA Plaza, Suite 225 Islandia, New York 11749 (631) 755-0101 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendants CARLOS F. PINO & ULTIMATE CLASS LIMOUSINE, INC. 200 Old Country Road, Suite 680 Mineola, New York 11501 516-620-4490 CASCONE & KLUEPFEL, LLP Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 LAW OFFICES OF THOMAS M, VOLZ, PLLC Attorneys for Defendant TOWN OF SOUTHOLD 280 Smithtown Boulevard Nesconset, New York 11767 (631) 366-2700 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE 3 Huntington Quadrangle, Suite 102S Melville, NY 11747 Mailing Address: PO Box 2903 Hartford, CT 06104-2903 (631) 501-3100 4 of 4