Preview
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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
July 17, 2019
10:16 a.m.
EXAMINATION BEFORE TRIAL OF COUNTY OF
SUFFOLK, by DANIEL J. DRESCH, JR., 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 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
2
1 A P P E A R A N C E S :
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: BRANDON CRUZ, ESQ.
12 File No.: 6230.PP
13
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. 765 RECEIVED NYSCEF: 01/29/2021
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: GONZALO SUAREZ, 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. 765 RECEIVED NYSCEF: 01/29/2021
4
1 A P P E A R A N C E S: (Continued)
2
3 BONGIORNO, MONTIGLIO & PALMIERI
Attorneys for Defendants Ultimate Class
4 Limousine, Inc. and Carlos F. Pino
200 Old Country Road, Suite 680
5 Mineola, New York 11501
6 BY: NEIL PALMIERI, ESQ.
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 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: JOSHUA SHTEIERMAN, ESQ.
24
25 (Continued on following page)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350(
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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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.
File No. 2017024539SAS
12
13 ALSO PRESENT:
JAKE LAINE, sitting in with Frank J. Laine, P.C.
14
15 DAVID TEIXEIRA, ESQ., the Law Offices of
Vincent D. McNamara
16
OLIVIA SEGOTA, Intern with the Law Offices of
17 Vincent D. McNamara
18
19
20
21
22
23
24
25
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FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.1 OBJECTIONS AT DEPOSITIONS
3
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
6 except in compliance with subdivision (e) of
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
11 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
12 request of the questioning attorney, shall
include a clear statement as to any defect in
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
14 or by this rule, during the course of the
examination, persons shall not make statements
15 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
deposition, except (i) to preserve a privilege
18 or right of confidentiality, (ii) to enforce a
limitation set forth in an order of the court,
19 or (iii) when the question is plainly improper
and would, if answered, cause significant
20 prejudice to any person. An attorney shall not
direct a deponent not to answer except as
21 provided in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to answer
22 shall be accompanied by a succinct and clear
statement of the basis therefore. If a deponent
23 does not answer a question, the examining party
shall have the right to complete the remainder
24 of the deposition.
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
221.3 Communication with the deponent.
3
An attorney shall not interrupt the
4 deposition for the purpose of communication with
the deponent unless all parties consent or the
5 communication is made for the purpose of
determining whether the question should not be
6 answered on the grounds set forth in Section
221.2 of these rules and, in such event, the
7 reason for the communication shall be stated for
the record succinctly and clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
12 all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by an
between the attorneys for the respective parties
17 that a copy of this examination shall be
furnished, without charge, to the attorney
18 representing the witness testifying herein.
* * * *
19
20
21
22
23
24
25
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NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
¯l
13
1 D. Dresch, Jr.
2 prepared by Patricia Ralph on March 28,
Plaintiffs'
3 2016, was marked as Exhibit 5B
4 for Identification, as of this date.)
5 D A N I E L J. D R E S C H, J R., called as
6 a witness, having been duly sworn by a Notary
7 Public of the State of New York, was examined
8 and testified as follows:
9 EXAMINATION BY
10 BRANDON CRUZ, ESQ.:
11 Q. Please state your full name for the
12 record.
13 A. Daniel J. Dresch, Jr.
14 Q. What is your address?
15 A. 335 Yaphank Avenue, Yaphank, New York
16 11980.
17 Q. Good morning, Mr. Dresch.
18 My name is Brandon Cruz. I'm with the
19 Bongiorno Law Firm, and I represent Alicia
20 Arundel, one of the survivors of the limousine
21 accident that occurred on County Road 48 and
22 Depot Lane on July 18, 2015.
23 I'm going to be asking you some
24 questions about the occurrence, and particularly
25 about the traffic studies and the involvement of
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350t
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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1 D. Dresch, Jr.
2 the County of Nassau in that intersection
3 prior --
4 MR. STEIGERWALD: Suffolk.
-- of Suffolk prior
5 Q. County to that
6 incident, okay?
7 A. Yes.
8 Q. If there is any question that you want
9 me to rephrase or you don't understand, please
10 let me know. Please make sure that all of your
11 responses are verbal so that the court reporter
12 can take down what you say. Please wait until I
13 finish my question, again, for the benefit of the
14 court reporter, okay?
15 A. Yes.
16 Q. Now, have you reviewed any documents or
17 records or photographs or any materials including
18 deposition transcripts in order to prepare for
19 your deposition today?
20 A. Yes.
21 Q. What did you look at?
22 A. The traffic the grand --
study, jury my
23 grand jury testimony, as well as exhibits that
24 were sent over yesterday afternoon.
25 MR. JULIANO: I'm sorry, what did you
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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1 D. Dresch, Jr.
2 say? The last part.
3 THE WITNESS: Exhibits that were sent
4 over yesterday afternoon.
5 Q. When you say the traffic study, are you
6 referring to one study or are you referring to
7 all of the studies that were conducted by Suffolk
8 County before the July 18, 2015 crash?
9 A. I'm referring to the 2000 study.
10 MR. JULIANO: The year 2000?
11 THE WITNESS: The designation on the
12 file is 2000 followed by a second number.
13 Q. Now, you gave testimony before a special
14 grand jury about this matter in 2016, correct?
15 A. Yes.
16 Q. Just a little bit in terms of your
17 background, what is your highest level of
18 education?
19 A. I have a BS from Dowling College.
20 Q. Are you a member of any professional
21 societies?
22 A. Not currently.
23 Q. Have you ever been a member of a union?
24 A. Yes.
25 Q. Which union or unions?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350C
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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1 D. Dresch, Jr.
2 A. Association of Municipal Employees, and
3 the CSEA.
4 Q. Are you still a member of those
5 organizations?
6 A. I am still a member of the AME.
7 Q. Are you a licensed professional
8 engineer?
9 A. I am not.
10 Q. Who is your present employer?
11 A. Suffolk County.
12 Q. What is your title with Suffolk County?
13 A. My current title is acting assistant
14 chief engineer.
15 Q. What was your title in 2015?
16 A. My title in 2015 was director of traffic
17 engineering and highway work permits.
18 Q. Is your current position a promotion
19 from the one you had in 2015?
20 A. Yes, it is.
21 Q. What were your general duties and
22 responsibilities as director of traffic
23 engineering and highway work permits for Suffolk
24 County in 2015?
25 A. I oversaw a staff of technical staff
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
17
1 D. Dresch, Jr.
2 technicians and engineers who handled various
3 functions of traffic engineering and the highway
4 work permit process.
5 Q. When did you first become employed by
6 Suffolk County?
7 A. August of 1997.
8 Q. Was there a particular department that
9 you were first employed by?
10 A. The department of public works.
11 Q. When you were hired first in '97, what
12 was your position?
13 A. Traffic engineer I.
14 Q. For how long did you hold that position?
15 A. Multiple years.
16 Q. From there, did you eventually get
17 promoted to traffic engineer II, and then III?
18 A. That is correct.
19 Q. Are the duties and responsibilities of
20 those three designations the same or different?
21 A. They're increasing responsibilities.
22 Q. During the time when you were a traffic
23 engineer for the County of Suffolk, did you ever
24 work on any traffic studies relating to County
25 Road 48 and Depot Lane?
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1 D. Dresch, Jr.
2 they pre-existed?
3 A. That's my understanding, yes.
4 Q. Was the county in any other fashion,
5 either zoning or planning, notified about the
6 opening of Vineyard 48?
7 A. I'm not aware of us being notified of a
8 change of operator.
9 Q. Does the Town of Southold have authority
10 to install traffic control devices such as no
11 U-turns on a county road?
12 A. In the strictest sense, they likely do,
13 because any regulatory sign that we put on County
14 Road 48 except for speed limit signs are as a
15 result of a town board action, like the parking
16 signs that we referred to earlier.
17 Q. So if the town wanted to install a no
18 U-turn sign, you're saying that they would have
19 the authority to do so?
20 A. In the strictest sense. It would be
21 highly unusual for them to move ahead without a
22 recommendation from the county.
23 MR. LAINE: But they could?
24 THE WITNESS: I'm not the town attorney.
25 MR. LAINE: If you know.
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1 D. Dresch, Jr.
2 THE WITNESS: I don't know.
3 Q. Are there no U-turn signs in Suffolk
4 County?
5 A. Yes.
6 Q. Are they on county roads?
7 A. Yes.
8 Q. Do you know who installed them?
9 A. would --
They
10 MR. McNAMARA: Any of them?
11 MR. TOCK: Any of them.
12 would be -- the typical action
A. They
13 would be they are as a result of an ordinance
14 passed by the local town or village, and that the
15 local town or village forces would install and
16 maintain the sign.
17 Q. Are there any, to your knowledge, where
18 the town installed a no U-turn sign and didn't
19 seek your recommendation or approval?
20 A. I am not aware of that ever happening.
21 MR. TOCK: Nothing further.
22 EXAMINATION BY
23 FRANK J. LAINE, ESQ.
24 Q. My name is Frank Laine. I represent the
25 estate of Amy Grabina, one of the young women who
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NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021
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1 D. Dresch, Jr.
2 Q. Now, as a result of all of these studies
3 conducted by the county in the time frame that we
4 just went through, are you aware of any
5 recommendations made by the county to the Town of
6 Southold to install no U-turn signs along County
7 Road 48?
8 MR. McNAMARA: Objection. Asked and
9 answered.
Preview
FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 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 July 17, 2019 10:16 a.m. EXAMINATION BEFORE TRIAL OF COUNTY OF SUFFOLK, by DANIEL J. DRESCH, JR., 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 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 2 1 A P P E A R A N C E S : 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: BRANDON CRUZ, ESQ. 12 File No.: 6230.PP 13 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. 212-327-350t FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 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: GONZALO SUAREZ, 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. 212-327-350C FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 4 1 A P P E A R A N C E S: (Continued) 2 3 BONGIORNO, MONTIGLIO & PALMIERI Attorneys for Defendants Ultimate Class 4 Limousine, Inc. and Carlos F. Pino 200 Old Country Road, Suite 680 5 Mineola, New York 11501 6 BY: NEIL PALMIERI, ESQ. 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 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: JOSHUA SHTEIERMAN, ESQ. 24 25 (Continued on following page) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350( FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 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. File No. 2017024539SAS 12 13 ALSO PRESENT: JAKE LAINE, sitting in with Frank J. Laine, P.C. 14 15 DAVID TEIXEIRA, ESQ., the Law Offices of Vincent D. McNamara 16 OLIVIA SEGOTA, Intern with the Law Offices of 17 Vincent D. McNamara 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 6 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.1 OBJECTIONS AT DEPOSITIONS 3 (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 6 except in compliance with subdivision (e) of such rule. All objections made at a deposition 7 shall be noted by the officer before whom the deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject to the objections and to the right of a person 9 to apply for appropriate relief pursuant to Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every objection raised during a deposition shall be 11 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 12 request of the questioning attorney, shall include a clear statement as to any defect in 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 or by this rule, during the course of the examination, persons shall not make statements 15 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 deposition, except (i) to preserve a privilege 18 or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, 19 or (iii) when the question is plainly improper and would, if answered, cause significant 20 prejudice to any person. An attorney shall not direct a deponent not to answer except as 21 provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 22 shall be accompanied by a succinct and clear statement of the basis therefore. If a deponent 23 does not answer a question, the examining party shall have the right to complete the remainder 24 of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 221.3 Communication with the deponent. 3 An attorney shall not interrupt the 4 deposition for the purpose of communication with the deponent unless all parties consent or the 5 communication is made for the purpose of determining whether the question should not be 6 answered on the grounds set forth in Section 221.2 of these rules and, in such event, the 7 reason for the communication shall be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 12 all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by an between the attorneys for the respective parties 17 that a copy of this examination shall be furnished, without charge, to the attorney 18 representing the witness testifying herein. * * * * 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350t FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 ¯l 13 1 D. Dresch, Jr. 2 prepared by Patricia Ralph on March 28, Plaintiffs' 3 2016, was marked as Exhibit 5B 4 for Identification, as of this date.) 5 D A N I E L J. D R E S C H, J R., called as 6 a witness, having been duly sworn by a Notary 7 Public of the State of New York, was examined 8 and testified as follows: 9 EXAMINATION BY 10 BRANDON CRUZ, ESQ.: 11 Q. Please state your full name for the 12 record. 13 A. Daniel J. Dresch, Jr. 14 Q. What is your address? 15 A. 335 Yaphank Avenue, Yaphank, New York 16 11980. 17 Q. Good morning, Mr. Dresch. 18 My name is Brandon Cruz. I'm with the 19 Bongiorno Law Firm, and I represent Alicia 20 Arundel, one of the survivors of the limousine 21 accident that occurred on County Road 48 and 22 Depot Lane on July 18, 2015. 23 I'm going to be asking you some 24 questions about the occurrence, and particularly 25 about the traffic studies and the involvement of 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350t FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 14 1 D. Dresch, Jr. 2 the County of Nassau in that intersection 3 prior -- 4 MR. STEIGERWALD: Suffolk. -- of Suffolk prior 5 Q. County to that 6 incident, okay? 7 A. Yes. 8 Q. If there is any question that you want 9 me to rephrase or you don't understand, please 10 let me know. Please make sure that all of your 11 responses are verbal so that the court reporter 12 can take down what you say. Please wait until I 13 finish my question, again, for the benefit of the 14 court reporter, okay? 15 A. Yes. 16 Q. Now, have you reviewed any documents or 17 records or photographs or any materials including 18 deposition transcripts in order to prepare for 19 your deposition today? 20 A. Yes. 21 Q. What did you look at? 22 A. The traffic the grand -- study, jury my 23 grand jury testimony, as well as exhibits that 24 were sent over yesterday afternoon. 25 MR. JULIANO: I'm sorry, what did you 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 15 1 D. Dresch, Jr. 2 say? The last part. 3 THE WITNESS: Exhibits that were sent 4 over yesterday afternoon. 5 Q. When you say the traffic study, are you 6 referring to one study or are you referring to 7 all of the studies that were conducted by Suffolk 8 County before the July 18, 2015 crash? 9 A. I'm referring to the 2000 study. 10 MR. JULIANO: The year 2000? 11 THE WITNESS: The designation on the 12 file is 2000 followed by a second number. 13 Q. Now, you gave testimony before a special 14 grand jury about this matter in 2016, correct? 15 A. Yes. 16 Q. Just a little bit in terms of your 17 background, what is your highest level of 18 education? 19 A. I have a BS from Dowling College. 20 Q. Are you a member of any professional 21 societies? 22 A. Not currently. 23 Q. Have you ever been a member of a union? 24 A. Yes. 25 Q. Which union or unions? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350C FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 16 1 D. Dresch, Jr. 2 A. Association of Municipal Employees, and 3 the CSEA. 4 Q. Are you still a member of those 5 organizations? 6 A. I am still a member of the AME. 7 Q. Are you a licensed professional 8 engineer? 9 A. I am not. 10 Q. Who is your present employer? 11 A. Suffolk County. 12 Q. What is your title with Suffolk County? 13 A. My current title is acting assistant 14 chief engineer. 15 Q. What was your title in 2015? 16 A. My title in 2015 was director of traffic 17 engineering and highway work permits. 18 Q. Is your current position a promotion 19 from the one you had in 2015? 20 A. Yes, it is. 21 Q. What were your general duties and 22 responsibilities as director of traffic 23 engineering and highway work permits for Suffolk 24 County in 2015? 25 A. I oversaw a staff of technical staff 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 17 1 D. Dresch, Jr. 2 technicians and engineers who handled various 3 functions of traffic engineering and the highway 4 work permit process. 5 Q. When did you first become employed by 6 Suffolk County? 7 A. August of 1997. 8 Q. Was there a particular department that 9 you were first employed by? 10 A. The department of public works. 11 Q. When you were hired first in '97, what 12 was your position? 13 A. Traffic engineer I. 14 Q. For how long did you hold that position? 15 A. Multiple years. 16 Q. From there, did you eventually get 17 promoted to traffic engineer II, and then III? 18 A. That is correct. 19 Q. Are the duties and responsibilities of 20 those three designations the same or different? 21 A. They're increasing responsibilities. 22 Q. During the time when you were a traffic 23 engineer for the County of Suffolk, did you ever 24 work on any traffic studies relating to County 25 Road 48 and Depot Lane? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 212 1 D. Dresch, Jr. 2 they pre-existed? 3 A. That's my understanding, yes. 4 Q. Was the county in any other fashion, 5 either zoning or planning, notified about the 6 opening of Vineyard 48? 7 A. I'm not aware of us being notified of a 8 change of operator. 9 Q. Does the Town of Southold have authority 10 to install traffic control devices such as no 11 U-turns on a county road? 12 A. In the strictest sense, they likely do, 13 because any regulatory sign that we put on County 14 Road 48 except for speed limit signs are as a 15 result of a town board action, like the parking 16 signs that we referred to earlier. 17 Q. So if the town wanted to install a no 18 U-turn sign, you're saying that they would have 19 the authority to do so? 20 A. In the strictest sense. It would be 21 highly unusual for them to move ahead without a 22 recommendation from the county. 23 MR. LAINE: But they could? 24 THE WITNESS: I'm not the town attorney. 25 MR. LAINE: If you know. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 213 1 D. Dresch, Jr. 2 THE WITNESS: I don't know. 3 Q. Are there no U-turn signs in Suffolk 4 County? 5 A. Yes. 6 Q. Are they on county roads? 7 A. Yes. 8 Q. Do you know who installed them? 9 A. would -- They 10 MR. McNAMARA: Any of them? 11 MR. TOCK: Any of them. 12 would be -- the typical action A. They 13 would be they are as a result of an ordinance 14 passed by the local town or village, and that the 15 local town or village forces would install and 16 maintain the sign. 17 Q. Are there any, to your knowledge, where 18 the town installed a no U-turn sign and didn't 19 seek your recommendation or approval? 20 A. I am not aware of that ever happening. 21 MR. TOCK: Nothing further. 22 EXAMINATION BY 23 FRANK J. LAINE, ESQ. 24 Q. My name is Frank Laine. I represent the 25 estate of Amy Grabina, one of the young women who 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/29/2021 02:11 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 765 RECEIVED NYSCEF: 01/29/2021 243 1 D. Dresch, Jr. 2 Q. Now, as a result of all of these studies 3 conducted by the county in the time frame that we 4 just went through, are you aware of any 5 recommendations made by the county to the Town of 6 Southold to install no U-turn signs along County 7 Road 48? 8 MR. McNAMARA: Objection. Asked and 9 answered.