Preview
FILED: SUFFOLK COUNTY CLERK 12/23/2020 03:30 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020
Index Number 611214/2015
SUPREME COURT - STATE OF NEW YORK
I.A.S. PART 12 - SUFFOLK COUNTY
P R E S E N T: MOTION DATE: 12/09/2020
ADJ. DATE:
Hon. John H. Rouse Mot. Seq. 013-MG
Acting Supreme Court Justice e-filed partial participation
_______________________________________________
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
Plaintiff DECISION & ORDER
-against-
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
_______________________________________________
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NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020
TO:
JOHN L JULIANO PC BLOCK O'TOOLE & MURPHY
39 DOYLE CT ONE PENN PLAZA, SUITE 5315
E NORTHPORT, NY 11731 NEW YORK, NY 10119
631-499-9300 (212) 736-5300
THE BONGIORNO LAW FIRM, PLLC. BONGIORNO, MONTIGLIO
1415 KELLUM PLACE, STE. 205 MITCHELL & PALMIERI, PLLC
GARDEN CITY, NY 11530 200 OLD COUNTRY RD., SUITE 680
516-741-4170 MINEOLA, NY 11501
516-620-4490
THE PARIS LAW GROUP, P.C.
60 EAST 42ND STREET, SUITE 4600 CASCONE & KLUEPFEL, LLP
NEW YORK, NY 10165 1399 FRANKLIN AVE., STE 302
212-485-9842 GARDEN CITY, NY 11530
516-747-1990
FRANK J. LAINE, P.C.
449 S OYSTER BAY RD LEWIS JOHS AVALLONE AVILES, LLP
PLAINVIEW, NY 11803 ONE CA PLAZA, SUITE 225
516-937-1010 ISLANDIA, NY 11749
631-755-0101
SULLIVAN PAPAIN BLOCK
MCGRATH CANNAVO THE LAW OFFICES OF
120 BROADWAY THOMAS M. VOLZ, PLLC
NEW YORK, NY 10271 280 SMITHTOWN BLVD
NESCONSET, NY 11767
PEGALIS LAW GROUP, LLC 631-366-2700
1 HOLLOW LANE, SUITE 107
LAKE SUCCESS, NY 11042 LAW OFFICE OF
516-684-2900 VINCENT D. MCNAMARA
1045 OYSTER BAY RD., STE 1
LAW OFFICES OF JOSEPH J TOCK EAST NORWICH, NY 11732
963 ROUTE 6 516-922-9100
MAHOPAC, NY 10541
845-628-8080 LAW OFFICE OF
ANDREA G. SAWYERS
PO BOX 2903
HARTFORD, CT 06104
631-501-3108
U pon the reading and filing of the following papers in this matter: (1) Defendant Town of
Southold’s motion made by order to show cause why an order should not be made
pursuant to Civil Practice Law and Rule § 3103 for a protective order vacating the
Notices of Deposition for SCOTT RUSSELL and WILLIAM DUFFY, ESQ., dated November
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NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020
18,2020; (2) Affirmation in Opposition by Gary Nielsen, Esq. attorney for Joelle Dimonte; (3) e-
filed documents 1-748; and (4) oral arguments on the record on December 9, 2020; it is:
ORDERED that the motion (Sequence 013) for a protective order made on behalf of Scott
Russell, the Supervisor of the Town of Southold, and William Duffy, Esq. the Southold Town
Attorney, is granted to the extent that the notices to appear at a deposition are hereby vacated;
but the parties to this action may, within 20 days of service of this decision and order with notice
of entry, serve interrogatories upon Town Supervisor Scott Russell and Town Attorney William
Duffy, as such service may be made either by e-filing the interrogatories in the NYSCEF system,
or by serving them as an attachment (pdf) to an e-mail sent directly to counsel for the Town of
Southold.
DECISION
This action was commenced on October 21, 2015 and arises from a motor vehicle collision that
occurred on July 18, 2015 and resulted in fatalities and injuries to the occupants of a limousine
involved in the collision. This collision occurred at the intersection of County Route 48 with
Depot Lane in the hamlet of Cutchogue located within the Town of Southold. The operator of
the limousine was negotiating a U-turn from travelling eastbound on County Route 48 to then
proceed westbound on County Route 48 when the limousine was struck by a pickup truck being
driven westbound on County Route 48 by Defendant Steven D. Romeo. Plaintiffs have brought
action against both the County of Suffolk and the Town of Southold for their respective
responsibilities for this intersection of a county and town road. See Miller v County of Suffolk,
163 AD3d 954 (2d Dept 2018).
Discovery is nearly complete for all parties. However, near an anniversary date of this fatal
collision Town Supervisor Scott Russell issued a press release that stated, “All complaints and
comments we receive regarding Route 48 are automatically referred to Suffolk County, which
owns the road.” William Duffy, Esq., the Southold Town Attorney is similarly quoted as saying
in e-mail correspondence: “In addition to the supervisor’s office forwarding complaints received
about the intersection to county, since 1998 the Town Board has made several requests that the
county study the intersection based on constituent complaints." Plaintiffs noticed the depositions
of both the Town Supervisor, Scott Russell, and the Town Attorney, William Duffy. Defendant
Town of Southold has moved by order to show cause and seek a protective order prohibit the
depositions.
CPLR § 3103 provides in relevant part:
“Prevention of abuse. The court may at any time on its own initiative, or on motion of
any party or of any person from whom or about whom discovery is sought, make a
protective order denying, limiting, conditioning or regulating the use of any disclosure
device. Such order shall be designed to prevent unreasonable annoyance, expense,
embarrassment, disadvantage, or other prejudice to any person or the courts.”
“Disclosure in civil actions is generally governed by CPLR 3101 (a), which directs: there shall
be full disclosure of all matter material and necessary in the prosecution or defense of an action,
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NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020
regardless of the burden of proof, and the words, 'material and necessary', are to be interpreted
liberally to require disclosure, upon request, of any facts bearing on the controversy which will
assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is
one of usefulness and reason.” Forman v Henkin, 30 NY3d 656 at 887 (2018), citations omitted.
At the same time, witnesses are not without protection against unnecessarily onerous application
of the discovery statutes. Their competing interests must always be balanced and the need for
discovery must be weighed against any special burden to be borne by the witness. Forman v
Henkin, 30 NY3d 656 at 888(2018). Discovery requests must be evaluated on a case-by-case
basis with due regard for the strong policy supporting open disclosure. Here the court is mindful
of the regular daily demands and duties of both the Town Supervisor and the Town Attorney and
neither should be burdened with such discovery obligations that may be satisfied by disclosure
provided by other employees and/or the production of documentary evidence. However, in this
case both the Town Supervisor and the Town Attorney determined to wade into the direct
concerns of this case, and each can reasonably be called upon to answer questions propounded in
written interrogatories as may be served by the parties to this action without delay.
Dated: December 10, 2020
NON-FINAL DISPOSITION
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FILED: SUFFOLK COUNTY CLERK 12/23/2020 03:30 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020 Index Number 611214/2015 SUPREME COURT - STATE OF NEW YORK I.A.S. PART 12 - SUFFOLK COUNTY P R E S E N T: MOTION DATE: 12/09/2020 ADJ. DATE: Hon. John H. Rouse Mot. Seq. 013-MG Acting Supreme Court Justice e-filed partial participation _______________________________________________ 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 Plaintiff DECISION & ORDER -against- 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 _______________________________________________ Page 1 of 4 1 of 4 FILED: SUFFOLK COUNTY CLERK 12/23/2020 03:30 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020 TO: JOHN L JULIANO PC BLOCK O'TOOLE & MURPHY 39 DOYLE CT ONE PENN PLAZA, SUITE 5315 E NORTHPORT, NY 11731 NEW YORK, NY 10119 631-499-9300 (212) 736-5300 THE BONGIORNO LAW FIRM, PLLC. BONGIORNO, MONTIGLIO 1415 KELLUM PLACE, STE. 205 MITCHELL & PALMIERI, PLLC GARDEN CITY, NY 11530 200 OLD COUNTRY RD., SUITE 680 516-741-4170 MINEOLA, NY 11501 516-620-4490 THE PARIS LAW GROUP, P.C. 60 EAST 42ND STREET, SUITE 4600 CASCONE & KLUEPFEL, LLP NEW YORK, NY 10165 1399 FRANKLIN AVE., STE 302 212-485-9842 GARDEN CITY, NY 11530 516-747-1990 FRANK J. LAINE, P.C. 449 S OYSTER BAY RD LEWIS JOHS AVALLONE AVILES, LLP PLAINVIEW, NY 11803 ONE CA PLAZA, SUITE 225 516-937-1010 ISLANDIA, NY 11749 631-755-0101 SULLIVAN PAPAIN BLOCK MCGRATH CANNAVO THE LAW OFFICES OF 120 BROADWAY THOMAS M. VOLZ, PLLC NEW YORK, NY 10271 280 SMITHTOWN BLVD NESCONSET, NY 11767 PEGALIS LAW GROUP, LLC 631-366-2700 1 HOLLOW LANE, SUITE 107 LAKE SUCCESS, NY 11042 LAW OFFICE OF 516-684-2900 VINCENT D. MCNAMARA 1045 OYSTER BAY RD., STE 1 LAW OFFICES OF JOSEPH J TOCK EAST NORWICH, NY 11732 963 ROUTE 6 516-922-9100 MAHOPAC, NY 10541 845-628-8080 LAW OFFICE OF ANDREA G. SAWYERS PO BOX 2903 HARTFORD, CT 06104 631-501-3108 U pon the reading and filing of the following papers in this matter: (1) Defendant Town of Southold’s motion made by order to show cause why an order should not be made pursuant to Civil Practice Law and Rule § 3103 for a protective order vacating the Notices of Deposition for SCOTT RUSSELL and WILLIAM DUFFY, ESQ., dated November Page 2 of 4 2 of 4 FILED: SUFFOLK COUNTY CLERK 12/23/2020 03:30 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020 18,2020; (2) Affirmation in Opposition by Gary Nielsen, Esq. attorney for Joelle Dimonte; (3) e- filed documents 1-748; and (4) oral arguments on the record on December 9, 2020; it is: ORDERED that the motion (Sequence 013) for a protective order made on behalf of Scott Russell, the Supervisor of the Town of Southold, and William Duffy, Esq. the Southold Town Attorney, is granted to the extent that the notices to appear at a deposition are hereby vacated; but the parties to this action may, within 20 days of service of this decision and order with notice of entry, serve interrogatories upon Town Supervisor Scott Russell and Town Attorney William Duffy, as such service may be made either by e-filing the interrogatories in the NYSCEF system, or by serving them as an attachment (pdf) to an e-mail sent directly to counsel for the Town of Southold. DECISION This action was commenced on October 21, 2015 and arises from a motor vehicle collision that occurred on July 18, 2015 and resulted in fatalities and injuries to the occupants of a limousine involved in the collision. This collision occurred at the intersection of County Route 48 with Depot Lane in the hamlet of Cutchogue located within the Town of Southold. The operator of the limousine was negotiating a U-turn from travelling eastbound on County Route 48 to then proceed westbound on County Route 48 when the limousine was struck by a pickup truck being driven westbound on County Route 48 by Defendant Steven D. Romeo. Plaintiffs have brought action against both the County of Suffolk and the Town of Southold for their respective responsibilities for this intersection of a county and town road. See Miller v County of Suffolk, 163 AD3d 954 (2d Dept 2018). Discovery is nearly complete for all parties. However, near an anniversary date of this fatal collision Town Supervisor Scott Russell issued a press release that stated, “All complaints and comments we receive regarding Route 48 are automatically referred to Suffolk County, which owns the road.” William Duffy, Esq., the Southold Town Attorney is similarly quoted as saying in e-mail correspondence: “In addition to the supervisor’s office forwarding complaints received about the intersection to county, since 1998 the Town Board has made several requests that the county study the intersection based on constituent complaints." Plaintiffs noticed the depositions of both the Town Supervisor, Scott Russell, and the Town Attorney, William Duffy. Defendant Town of Southold has moved by order to show cause and seek a protective order prohibit the depositions. CPLR § 3103 provides in relevant part: “Prevention of abuse. The court may at any time on its own initiative, or on motion of any party or of any person from whom or about whom discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device. Such order shall be designed to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts.” “Disclosure in civil actions is generally governed by CPLR 3101 (a), which directs: there shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, Page 3 of 4 3 of 4 FILED: SUFFOLK COUNTY CLERK 12/23/2020 03:30 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 754 RECEIVED NYSCEF: 12/23/2020 regardless of the burden of proof, and the words, 'material and necessary', are to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason.” Forman v Henkin, 30 NY3d 656 at 887 (2018), citations omitted. At the same time, witnesses are not without protection against unnecessarily onerous application of the discovery statutes. Their competing interests must always be balanced and the need for discovery must be weighed against any special burden to be borne by the witness. Forman v Henkin, 30 NY3d 656 at 888(2018). Discovery requests must be evaluated on a case-by-case basis with due regard for the strong policy supporting open disclosure. Here the court is mindful of the regular daily demands and duties of both the Town Supervisor and the Town Attorney and neither should be burdened with such discovery obligations that may be satisfied by disclosure provided by other employees and/or the production of documentary evidence. However, in this case both the Town Supervisor and the Town Attorney determined to wade into the direct concerns of this case, and each can reasonably be called upon to answer questions propounded in written interrogatories as may be served by the parties to this action without delay. Dated: December 10, 2020 NON-FINAL DISPOSITION Page 4 of 4 4 of 4