Preview
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
"C"
Exhibit
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
SUPREME COURT OF THE STATE OF NEW YORK Nat/ f 4 20f6
COUNTY OF SUFFOLK.
..-----------.-------------..----------------X
SUZANNE SCHULMAN, as Administratrix of the Index #: 611214/15
ESTATE OF BRITTANY SCHULMAN, deceased,
Plaintiff,
-against- RESPONSE TO
NOTICE TO ADMIT
ULTIMATE CLASS LIMO(JSINE, INC., CARLOS PfNO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
---------------------------- ----X
The defendant, County of Suffolk, by itattorney, DENNIS M. BROWN Suffelk County
Attorney, Christopher A, Jeffreys, Assistant County Attorney, as and for itsresponse to the
plaintiff's Notice to Adntit dated October 24, 2016, alleges the following, upon information and
belief:
l. Admit.
2. Deny,
3. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed road maintenance on County Road 48 prior to July 18, 2015,
4. Adrnit,
5. Deny,
6. Admit.
7. Deny.
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
8. The defendant can neither admit nor deny this paragraph as it ispresently phrased, The
County of Suffolk performed paying of County Road 48 ator about itsintersection with
Depot Lane prior to July 18, 201S. flee response to paragraphs 11 and 17,
9. Denies the allegations in this paragraph, except admits that the County of Suffolk
perfortned road repairs on County Road 48 prior to July 18, 2015.
10. Deny,
1 l.Denies the aHegations in thisparagraph, except admits that the County of Suffolk
performed road repairs on County Road 4-8 ator about itsintersection with Depot Lane
prior to July 18, 2015,
sufrotic-
itDenies the allegations-in thirparagraphrexcept admitstharthe-eounty of
performed road inspections of County Road 48 prior to July 18, 2015.
13. Denies the allegations in thisparagraph, except admits that the County of Suffolk
performed road inspections of Depot Lane for the purposes of traffic studies prior to July
18, 2015.
14. Denies the allegations in thisparagraph, except admits that the County of Suffolk
performed road inspections of County Road 48 ator about itsintersection with Depot
Lane prior to July 18, 2015.
15. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed paving of County Road 48 prior to July 18, 2015.
16. Deny,
17. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed paying of County Road 48 ator about itsintersection with Depot Lane prior to
July 18, 2015.
2
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
. .
18, Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signage on
County Road 48 priorto July 18, 2015.
19, Denies the allegations in this paragraph, except adrnits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signage on
Depot Lane at itsintersection with County Road 48 prior to July 18, 2015.
20. Denies the allegations in thisparagraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signage on
County Road 48 prior to July 18, 2015.
....
...........................41rDenies-the-aHegations
in-this paragraphrexcept admits that the-Gounty of-Suffolk place
or directed to be placed traffic signage on County Road 48 ator about itsintersection
with Depot Lane prior to July 18, 2015.
22. Denies the allegations in thisparagraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signals on
County Road 48 prior to July 18, 20 5.
23. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic aignals on
Depot Lane prior to July 18, 2015.
24. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signals on
County Road 48 ator about itsintersection with Depot Lane prior to July 18, 2015.
3
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
25, Denies the allegations in this paragraph, except admits that there was no red/amber/green
traffic signal controlling the intersection of County Road 48 at or about its intersection
with Depot Lane prior to July 18, 2015.
26. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the road design of County Road 48
prior to July 18, 2015.
27, Deny.
28. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the road design of County Road 48
.... . .
.._...eer-about itsintersecticewith DepetLanepriorte4uly-18, 20
29. Admit.
30. Admit.
DATED: Hauppauge, New York
November 4, 2016
DENNIS M. BROWN
Suffolk County Attorney
Attorney forDefendant, County
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, NY 11788-0099
631-853 55p
Christ pher . Jeffreys
Assis argdounty Attorney
TO: JOHN L. JULIANO P.C.
Attorney for Plaintiff, Schulman
39 Doyle Court
East Northport, NY 11731
(631) 499-9300
4
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
AHMUTY DEMERS & McMANUS
Attorney for Defendant, Ultimate Class Limo and Pino
200 LU. Willets Road
Albertson, New York 11507
(516) 294-S433
LEWIS JOHS AVALLONE AVILES LLP
Attorney for Defendant, Rorneo
One CA Plaza
Suite 225
Islandia, NY 11749
(631) 755-0101
CASCONE & KLUEPFEL LLP
Attorneys for defendant, Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
GederrCity, New Yuricit330
(516) 747-1990
DEVITT SPELLMAN & BARRETT LLP
Attorney for Defendant, Town of Southold
50 Route 11I
Smithtown, NY 11788
(631) 724-8833
Courtes1Copies Sent To:
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff, Arundel
1415 Kellum Place, Suite 205
Garden City, New York 11530
516-741-4170
SULLIVAN PAPAIN BLOCK McGRATE & CANNAVO P.C.
Attorneys for Plaintiff, Baruch
1 140 Franklin Avenue, Suite 200
Garden City, NY 11530
516-742-0707
5
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
STATE OF NEW YORK: COUNTY OF SUFFOLK
Christopher A. Jeffreys, Esq., an attorney admitted to practice in the Courts of the State
of New York, affirms that the following statements are true under penalties of perjury:
Deponent is an Assistant County Attorney for the County of Suffolk, and as such, make
this verification pursuant to CPLR § 3020(d)(2). Deponent has read the foregoing Response to
Notice to Admit, knows the contents thereof, and that the same is true to deponent's own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
The grounds of deponent's belief as to allmatters not stated upon deponent's knowledge
are as follows: statements of the defendant, office records and deponent's general investigation
into the facts of this case.
DATED: Hauppauge, New York
November 4, 2016
Christopher . Jefkd
Assistant County Attorney
7
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020
ndex No. 611214/2015 .
SUPREME COURT OF THE STA14E 0F NEW YORK
COUNTY,0F SUFFOLK .
SUZANNE SCHULMAN, AS AiMINISTRÁTRFX OF TH
ESTATE OF BRff†NEY M. $CRULMAN, DECEASED,
e Plaimiff
-against
ULTIMAT B CLASS MMOIJSINE, INC.,CARLOS PINO,
ROMEO D1MON MARINE SERVICE, fNC STEVEN
ROMEO, TOWN OF SOUTl]OLD and COUNTY OF SUFFOLK,
Defbndants.
RESPONSE TO NOTICE TO AD IT
Dennis M. Brown
Suffolk County Attorney
By: Christopher A. Jeffreys
Assistant County Attorney .
Attorney for Defendant
County ofSuffolk
11, LeeDennison Building
100 Veterans Memorial Ilighway
P.O. 13ox 6100
Hauppauge, New York 1 1788-0099
(631) 8534049
Preview
FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 "C" Exhibit FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 SUPREME COURT OF THE STATE OF NEW YORK Nat/ f 4 20f6 COUNTY OF SUFFOLK. ..-----------.-------------..----------------X SUZANNE SCHULMAN, as Administratrix of the Index #: 611214/15 ESTATE OF BRITTANY SCHULMAN, deceased, Plaintiff, -against- RESPONSE TO NOTICE TO ADMIT ULTIMATE CLASS LIMO(JSINE, INC., CARLOS PfNO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, Defendants. ---------------------------- ----X The defendant, County of Suffolk, by itattorney, DENNIS M. BROWN Suffelk County Attorney, Christopher A, Jeffreys, Assistant County Attorney, as and for itsresponse to the plaintiff's Notice to Adntit dated October 24, 2016, alleges the following, upon information and belief: l. Admit. 2. Deny, 3. Denies the allegations in this paragraph, except admits that the County of Suffolk performed road maintenance on County Road 48 prior to July 18, 2015, 4. Adrnit, 5. Deny, 6. Admit. 7. Deny. FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 8. The defendant can neither admit nor deny this paragraph as it ispresently phrased, The County of Suffolk performed paying of County Road 48 ator about itsintersection with Depot Lane prior to July 18, 201S. flee response to paragraphs 11 and 17, 9. Denies the allegations in this paragraph, except admits that the County of Suffolk perfortned road repairs on County Road 48 prior to July 18, 2015. 10. Deny, 1 l.Denies the aHegations in thisparagraph, except admits that the County of Suffolk performed road repairs on County Road 4-8 ator about itsintersection with Depot Lane prior to July 18, 2015, sufrotic- itDenies the allegations-in thirparagraphrexcept admitstharthe-eounty of performed road inspections of County Road 48 prior to July 18, 2015. 13. Denies the allegations in thisparagraph, except admits that the County of Suffolk performed road inspections of Depot Lane for the purposes of traffic studies prior to July 18, 2015. 14. Denies the allegations in thisparagraph, except admits that the County of Suffolk performed road inspections of County Road 48 ator about itsintersection with Depot Lane prior to July 18, 2015. 15. Denies the allegations in this paragraph, except admits that the County of Suffolk performed paving of County Road 48 prior to July 18, 2015. 16. Deny, 17. Denies the allegations in this paragraph, except admits that the County of Suffolk performed paying of County Road 48 ator about itsintersection with Depot Lane prior to July 18, 2015. 2 FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 . . 18, Denies the allegations in this paragraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the placement of traffic signage on County Road 48 priorto July 18, 2015. 19, Denies the allegations in this paragraph, except adrnits that the County of Suffolk made reasoned and discretionary determinations concerning the placement of traffic signage on Depot Lane at itsintersection with County Road 48 prior to July 18, 2015. 20. Denies the allegations in thisparagraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the placement of traffic signage on County Road 48 prior to July 18, 2015. .... ...........................41rDenies-the-aHegations in-this paragraphrexcept admits that the-Gounty of-Suffolk place or directed to be placed traffic signage on County Road 48 ator about itsintersection with Depot Lane prior to July 18, 2015. 22. Denies the allegations in thisparagraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the placement of traffic signals on County Road 48 prior to July 18, 20 5. 23. Denies the allegations in this paragraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the placement of traffic aignals on Depot Lane prior to July 18, 2015. 24. Denies the allegations in this paragraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the placement of traffic signals on County Road 48 ator about itsintersection with Depot Lane prior to July 18, 2015. 3 FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 25, Denies the allegations in this paragraph, except admits that there was no red/amber/green traffic signal controlling the intersection of County Road 48 at or about its intersection with Depot Lane prior to July 18, 2015. 26. Denies the allegations in this paragraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the road design of County Road 48 prior to July 18, 2015. 27, Deny. 28. Denies the allegations in this paragraph, except admits that the County of Suffolk made reasoned and discretionary determinations concerning the road design of County Road 48 .... . . .._...eer-about itsintersecticewith DepetLanepriorte4uly-18, 20 29. Admit. 30. Admit. DATED: Hauppauge, New York November 4, 2016 DENNIS M. BROWN Suffolk County Attorney Attorney forDefendant, County H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 11788-0099 631-853 55p Christ pher . Jeffreys Assis argdounty Attorney TO: JOHN L. JULIANO P.C. Attorney for Plaintiff, Schulman 39 Doyle Court East Northport, NY 11731 (631) 499-9300 4 FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 AHMUTY DEMERS & McMANUS Attorney for Defendant, Ultimate Class Limo and Pino 200 LU. Willets Road Albertson, New York 11507 (516) 294-S433 LEWIS JOHS AVALLONE AVILES LLP Attorney for Defendant, Rorneo One CA Plaza Suite 225 Islandia, NY 11749 (631) 755-0101 CASCONE & KLUEPFEL LLP Attorneys for defendant, Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 GederrCity, New Yuricit330 (516) 747-1990 DEVITT SPELLMAN & BARRETT LLP Attorney for Defendant, Town of Southold 50 Route 11I Smithtown, NY 11788 (631) 724-8833 Courtes1Copies Sent To: THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff, Arundel 1415 Kellum Place, Suite 205 Garden City, New York 11530 516-741-4170 SULLIVAN PAPAIN BLOCK McGRATE & CANNAVO P.C. Attorneys for Plaintiff, Baruch 1 140 Franklin Avenue, Suite 200 Garden City, NY 11530 516-742-0707 5 FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 STATE OF NEW YORK: COUNTY OF SUFFOLK Christopher A. Jeffreys, Esq., an attorney admitted to practice in the Courts of the State of New York, affirms that the following statements are true under penalties of perjury: Deponent is an Assistant County Attorney for the County of Suffolk, and as such, make this verification pursuant to CPLR § 3020(d)(2). Deponent has read the foregoing Response to Notice to Admit, knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and The grounds of deponent's belief as to allmatters not stated upon deponent's knowledge are as follows: statements of the defendant, office records and deponent's general investigation into the facts of this case. DATED: Hauppauge, New York November 4, 2016 Christopher . Jefkd Assistant County Attorney 7 FILED: SUFFOLK COUNTY CLERK 11/25/2020 10:51 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 735 RECEIVED NYSCEF: 11/25/2020 ndex No. 611214/2015 . SUPREME COURT OF THE STA14E 0F NEW YORK COUNTY,0F SUFFOLK . SUZANNE SCHULMAN, AS AiMINISTRÁTRFX OF TH ESTATE OF BRff†NEY M. $CRULMAN, DECEASED, e Plaimiff -against ULTIMAT B CLASS MMOIJSINE, INC.,CARLOS PINO, ROMEO D1MON MARINE SERVICE, fNC STEVEN ROMEO, TOWN OF SOUTl]OLD and COUNTY OF SUFFOLK, Defbndants. RESPONSE TO NOTICE TO AD IT Dennis M. Brown Suffolk County Attorney By: Christopher A. Jeffreys Assistant County Attorney . Attorney for Defendant County ofSuffolk 11, LeeDennison Building 100 Veterans Memorial Ilighway P.O. 13ox 6100 Hauppauge, New York 1 1788-0099 (631) 8534049