Preview
FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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ALICIA M. ARUNDEL; SUZANNE SCHULMAN,
AS ADMINISTRATRIX OF THE ESTATE OF
BRITTNEY M. SCHULMAN DECEASED; Index No: 0611214/2015
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; STEVEN BARUCH
INDIVIDUALLY; JOELLE DIMONTE, MELISSA
A. CRAI, ARTHUR A. BELLI, JR., AS PARENT AND
NATURAL GUARDIAN OF STEPHANIE BELLI,
DECEASED AND AS ADMINISTRATOR OF THE REVISED
ESTATE OF STEPHANIE BELLI, INTERROGATORIES AND
DOCUMENT DEMANDS
Plaintiffs, TO SCOTT RUSSELL,
-against- TOWN SUPERVISOR
OF THE DEFENDANT
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F. TOWN OF SOUTHOLD
PINO, ROMEO DIMON MARINE SERVICES, 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 remanufactures, distributors and/sellers of the
2007 Lincoln Town Car stretch limousine involved in
the collision,
Defendants.
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PLEASE TAKE NOTICE that the plaintiffs, Joelle Dimonte and Melissa A. Crai, by their
attorneys, the Pegalis Law Group, LLC and Joseph J. Tock, Esq, and pursuant to the order of the
Honorable John H. Rouse, AJSC, dated December 10, 2020, submits to the defendant, The Town
of Southold, the following revised interrogatories to be answered personally by the Supervisor of
the Town of Southold, Scott Russell, separately and fully in writing, under oath, within thirty (30)
days after service by filing in the NYSCEF electronic filing system, in accordance with the
procedures and definitions set forth below and pursuant to sections 3130 and 3131 of the Civil
Practice Law and Rules.
PLEASE TAKE FURTHER NOTICE THAT, to the extent that documents are identified in
the answers to these interrogatories, the defendant shall produce the identified documents with the
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answers to these interrogatories, pursuant rule 3120 and section 3131 of the Civil Practice Law and
Rules.
DEFINITIONS AND INSTRUCTIONS
A. The full text of the interrogatory should be set forth immediately preceding Mr. Russell’s
response thereto.
B. When documents are produced in response to document demands made in these
interrogatories, indicate to which interrogatory or document demand, or part thereof, the document
responds.
C. If you cannot answer any interrogatory in full after exercising due diligence to secure the
information to do so, answer the interrogatory to the extent possible, explain any inability to answer,
and state the information or knowledge presently available to you concerning the unanswered
portion.
D. If the interrogatories call for any information or document(s) that has/have been lost,
destroyed or discarded, furnish an inventory of the missing documents and provide the following
information: the type of document; the general subject matter of the document; the date of the
document; the title and author of the document; the names of any persons who participated in the
preparation of the document; the names of the addressee and any other recipient of the document;
the relationship between the author and the addressee; the number of pages the document contained;
the date that the document was lost, destroyed or otherwise discarded; and the names of the persons
authorizing, participating in or with knowledge of such loss, destruction or discard.
E. Unless otherwise indicated, the responses should include all information known up to the
date of the verification of the answers. All of these interrogatories are deemed to be continuing so
as to require further and supplemental responses as you receive or identify additional information
at any point. Such supplementary responses are to be served upon the undersigned counsel for the
plaintiffs within a timely manner upon learning of the additional information.
F. Where a claim of privilege is asserted, the attorney asserting the privilege shall set forth
the basis of the claim of privilege and preserve any information or documents for a privilege review
by the court.
G. As used in these interrogatories, the terms “you” and “your” shall be construed to refer
to Scott Russell and his attorney(s), agents, employees, assignees and any other person or entity
purporting to act on his behalf, and further shall be construed to include the Town of Southold and
its attorney(s), agents, employees, assignees and any other person or entity purporting to act on its
behalf, unless otherwise defined in a specific request.
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H. As used in the interrogatories, the terms “limo,” “limos,” “limousines” and “stretch
limousines” shall be construed to include “stretch limousine” vehicles, such as the vehicle involved
in the traffic collision which is the subject of this lawsuit, which have wheel base longer than an
average passenger vehicle, and will typically seat eight or more passengers, and/or which has been
altered so as to add seating capacity beyond that provided by the original manufacturer by way of an
extended chassis, lengthened wheel base, or an elongated seating area, and in the case of a truck, has
been modified to transport passengers.
INTERROGATORIES
1. State your full name.
2. How long have you been Town Supervisor of the Town of Southold?
3. What are the duties and responsibilities of the Town Supervisor of the Town of
Southold?
4. Was a no U-turn area established by the Town of Southold in local law 18-2019, and
codified in the Town Code as section 260-3.1 of the Southold Town Code?
5. What was the basis of the Town’s authority to adopt local law 18-2019?
6. Did the Town Attorney issue an opinion, oral or written, concerning whether the
Town of Southold had authority to adopt local law 18-2019?
7. At any Town Board meeting, between 1997 and 2015, did any resident express
complaints or concerns about limousines, stretch limousines or buses making U-turns
from the eastbound lane of County Route 48 to the westbound lane at Depot Lane?
a. If the answer is yes, please describe in detail all actions taken by the
Town Board in response to the complaints or concerns expressed at
the meeting(s).
b. If the answer is yes, but no action was taken by the Town Board, state
why no action was taken.
8. To your knowledge, did the Town Board ever consider or discuss placing no U-turn
signs in the eastbound lane of County Route 48 at the intersection with Depot Lane?
9. Did the Town Board ever determine to place no U-turn signs in the eastbound lane
of County Route 48 at the intersection with Depot Lane?
10. Was it your understanding that, in order to place no U-turn signs in the eastbound
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lane of County Route 48 at the intersection with Depot Lane, the Town Board had
to consult with officials from the County of Suffolk?
a. If the answer is yes, what is the basis of that understanding?
b. Document Demand: If a written opinion was rendered by the Town
Attorney with respect to this issue, attach a copy to the answers to
these interrogatories.
11. Did the Town Board ever make a request to any official with the County of Suffolk
that the County approve or “recommend” the installation of no U-turn signs in the
eastbound lane of County Route 48 at the intersection with Depot Lane?
a. If the answer is yes, was that request in writing?
b. Document Demand: If a request was made in writing to the County
of Suffolk that the County approve the installation of no U-turn signs
in the eastbound lane of County Route 48 at the intersection with
Depot Lane, attach a copy of the request (or requests, if more than
one) to the answers to these interrogatories.
c. If such a request was oral, please provide the details.
d. If the answer is no, why was such a request not made?
12. Daniel Dresch, who, in 2015, was the director of traffic engineering and highway
work permits for the County of Suffolk, gave sworn testimony as a witness in this
case at an examination before trial conducted on July 17, 2019.1 At his deposition,
Mr. Dresch was asked:
Q. Does the Town of Southold have authority to install traffic control
devices such as no U-turns on a county road?
A. In the strictest sense, they likely do, because any regulatory sign that
we put on County Route 48 except for speed limit signs are as a result
of a town board action, like the parking signs that we referred to
earlier.
Page 212, lines 9-16.
1
The relevant pages of Mr. Dresch’s deposition transcript are annexed as Exhibit A. The
complete transcript of Mr. Dresch’s sworn testimony is in the possession of counsel for the Town
of Southold.
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a. Do you agree with the statement in Mr. Dresch’s testimony?
b. If you disagree with Mr. Dresch, explain how you disagree and on
what basis you disagree.
13. At his deposition, Mr. Dresch was also asked:
Q. So if the town wanted to install a no U-turn sign, you're saying that
they would have the authority to do so?
A. In the strictest sense. It would be highly unusual for them to move
ahead without a recommendation from the county.
Page 212, lines 17-22.
a. Do you agree with the statement in Mr. Dresch’s testimony?
b. If you disagree with Mr. Dresch, explain how you disagree and on
what basis you disagree.
14. With respect to the authority of a town to install no U-turn signs on a Suffolk County
road, Mr. Dresch testified as follows:
A. They would be – the typical action would be they are as a
result of an ordinance passed by the local town or village,
and that the local town or village forces would install and
maintain the sign.
Page 213, lines 3-16.
a. Do you agree with the statement in Mr. Dresch’s testimony?
b. If you disagree with Mr. Dresch, explain how you disagree and on
what basis you disagree.
15. Were you aware, prior to 2015, of any legal impediment to placing or installing no
U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot
Lane?
a. If the answer is yes, describe in detail your understanding of the legal
impediment to placing or installing no U-turn signs in the eastbound
lane of County Route 48 at the intersection with Depot Lane
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16. Did you or, to your knowledge, did any Town of Southold official or employee, have
oral communications with any official of the County of Suffolk, from 1997 through
2015, which advised the County of Suffolk that stretch limousines were making
dangerous U-turns from the eastbound lane of County Route 48 at the intersection
with Depot Lane?
a. If the answer is yes, please provide the details including the dates (or
approximate dates) and the person or persons involved in the
communication.
b. If the answer is no, what was the reason this information was not
provided to the County of Suffolk?
17. Did the Town of Southold ever undertake a study, on its own, to determine whether
a no U-turn sign was warranted at the intersection of the eastbound lane of County
Route 48 with Depot Lane?
a. If the answer is yes, please provide the details about the study,
including who conducted it, when it was conducted, how it was
documented, and whether the results were ever reported.
b. Document Demand: If there was such a study resulting in a report,
please provide a copy annexed to the answers to these interrogatories.
c. If the answer is no, set forth the reason why no such study was
undertaken.
18. In July of 2020, did you make the following statement (whether verbatim or in sum
and substance) to a Newsday reporter: “All complaints and comments we receive
regarding Route 48 are automatically referred to Suffolk County, which owns the
road.”?
a. If the answer is yes, was your statement true?
b. What, specifically, was the mechanism for “automatically” referring
all complaints and comments received to Suffolk County?
c. Did the Town of Southold ever “refer a complaint or comment” to
Suffolk County that stretch limousines were making dangerous U-
turns from the eastbound lane of County Route 48 at the intersection
with Depot Lane?
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d. What other complaints or comments regarding Route 48 have been
referred to Suffolk County since you became the Town Supervisor.
e. Document Demand: If any of the complains or comments identified
in the answers to this interrogatory were submitted to the County of
Suffolk in writing, annex copies to the answers to these
interrogatories.
19. In July of 2020, did you make the following statement (whether verbatim or in sum
and substance) to a Suffolk Times reporter: “All complaints I receive regarding Route
48 get referred to Suffolk County, which owns the road.”?
a. If the answer is yes, was your statement true?
b. What, specifically, was the mechanism for referring all complaints
and comments received by you to Suffolk County?
c. Did you ever refer a complaint or comment to Suffolk County that
stretch limousines were making dangerous U-turns from the
eastbound lane of County Route 48 at the intersection with Depot
Lane?
d. What other complaints or comments regarding Route 48 have been
referred to Suffolk County since you became the Town Supervisor.
e. Document Demand: If any of the complains or comments identified
in the answers to this interrogatory were submitted to the County of
Suffolk in writing, annex copies to the answers to these
interrogatories.
21. To your knowledge, in July of 2020, did Town Attorney William Duffy make the
following statement (whether verbatim or in sum and substance) to a Suffolk Times
reporter: “In addition to the supervisor’s office forwarding complaints about the
intersection to county, since 1998 the Town Board has made several requests that the
county study the intersection based on constituent complaints?”
a. If the answer is yes, is the statement true?
b. Do you agree that, as the Supervisor of the Town of Southold, you
had a duty to forward those complaints to the County of Suffolk?
c. Identify each and every constituent complaint that was forwarded to
the County of Suffolk, regarding the intersection of County Route 48
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and Depot Lane, between 1998 and July of 2015.
d. Identify each and every request made to the County of Suffolk, since
1998, that the County study the intersection based on constituent
complaints.
e. Document Demand: If any of the notifications identified in the
answers to this interrogatory were in writing, annex copies to the
answers to these interrogatories.
f. Document Demand: If any of the notifications identified in the
answers to this interrogatory were provided via email, annex copies
of the email(s) to the answers to these interrogatories. If the emails
are no longer available, please so indicate, stating the date of the
email, the sender, the recipient, and a statement concerning the
content of the email.
g. Document Demand: If any of the notifications identified in the
answers to this interrogatory were provided via text message or other
electronic messaging service, annex copies to the answers to these
interrogatories. If the messages are no longer available, please so
indicate, stating the date of the message, the sender, the recipient, and
a statement concerning the content of the email.
h. Document Demand: If any of the notifications identified in the
answers to this interrogatory were provided orally, either in person,
on the telephone, or via any other “in person” communication, state
the date of the message, the sender, the recipient and a statement
concerning the content. If a record was kept of the communication,
annex copies of the records (notes, diary entries, etc) to the answers
to these interrogatories.
22. Does Town Board have work sessions?
a. How often?
b. Are there minutes for the work sessions?
c. If yes, where are they maintained?
23. Are there committee meetings?
a. How often?
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b. Are there minutes for the committee meetings? I
c. If yes, where are they maintained?
24. Are there separate committee work sessions?
a. How often?
b. Are there minutes for the committee work sessions?
c. If yes, where are they maintained?
25. When for the first time at any of the above meetings was the issue of limos making
U-turns at Depot Lane and County Route 48 ever discussed or presented?
26. Did you ever receive or look at videos or photographs from community member Bill
Shipman in 2012 or any other time?
a. What did the photos depict?
b. What did the videos depict?
c. What did you do with the photos?
d. What did you do with the videos?
e. Did you present the videos or photographs to the Town Board?
f. Did you present them to the Police Chief?
g. Did you present them to the County of Suffolk?
h. Did you discuss them with Al Krupski?
I. What action did you take after receiving the photos and videos?
27. Was a concern over the issue of limos or other oversize vehicles making U-turns at
Depot Lane and County Route 48 ever raised at a Town Board meeting?
a. Who presented or raised the issue or concern?
b. When?
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c. What action, if any, did you take?
d. What action, if any, did the Town Board take?
28. How many times was the concern over the issue of limos or other oversize vehicles
making U-turns at Depot Lane and County Route 48 raised at a Town Board
meeting?
29. How many times was this concern over the issue of limos or other oversize vehicles
making U-turns at Depot Lane and County Route 48 raised at a work session?
30. How many times was this concern over the issue of limos or other oversize vehicles
making U-turns at Depot Lane and County Route 48 raised at a committee meeting?
31. How many times was this concern over the issue of limos or other oversize vehicles
making U-turns at Depot Lane and County Route 48 raised at a committee work
session?
32. What action, ifany, did you or the Town Board take in reference to each of the
concerns raised?
33. On June 3, 2013 at a Town of Southold Planning Board meeting, several members
of your town raised concerns about limos making U-turns.
a. Were you present at the meeting?
b. Did you later learn of the issue presented at the meeting?
c. What action, if any, did you take after this meeting?
d. Did Donald Wilcenski contact you after the meeting to discuss the
concerns raised?
e. Did you contact the County of Suffolk?
f. Did you contact the Southold Chief of Police?
g. Did you contact any Suffolk Legislators?
34. After the June 3, 2013 planning board meeting, did any planning board member
contact you regarding the issue of limos or other oversize vehicles making U-turns
at Depot Lane and County Route 48?
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35. Did you attend any planning board meetings in reference to Vineyard 48?
a. Was the issue of limos or other oversize vehicles making U-turns at
Depot Lane and County Route 48 raised while you were in
attendance?
b. What action, if any, did you take?
c. What action, if any, did the Planning Board take?
36. Did you ever ask the County of Suffolk to conduct a traffic study due to limos
making U-turns at the intersection?
a. When?
b. How?
c. What response did you receive?
d. What action did you take after receiving the response?
37. What was the reasons the County of Suffolk was not asked to conduct a traffic study
due to limos making U-turns at this intersection?
38. When did you first become aware of the concern of limos making U-turns at the
intersection?
39. Have you ever seen limos making U-turns at the intersection?
a. How many times?
b. When for the first time did you ever see limos making U-turns at the
intersection?
d. What action, if any, did you take?
40. Did you ever send emails to County of Suffolk regarding the issue of limos making
U-turns at the intersection of Depot Lane and County Route 48?
a. Document Demand: If any emails are identified in the answer to this
interrogatory, annex copies to the answers to these interrogatories.
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41. Did you ever send correspondence to the County of Suffolk regarding the issue of
limos making U-turns at the intersection of Depot Lane and County Route 48?
a. Document Demand: If any correspondence is identified in the
answer to this interrogatory, annex copies to the answers to these
interrogatories.
42. Did you ever make a phone call to representatives of the County of Suffolk regarding
the issue of limos making U-turns at the intersection of Depot Lane and County
Route 48?
a. If the answer is yes, provide the details of the phone call, identifying
the parties to the call, the date or approximate date of the call, and the
sum and substance of what was said.
b. Document Demand: If there is a memorandum concerning the phone
call (or calls), attach a copy (copies) to the answers to these
interrogatories.
43. Did you ever attend a Suffolk County legislative meeting to discuss the issue of limos
making U-turns at the intersection of Depot Lane and County Route 48?
44. What steps did you, or the Town of Southold, take to prevent limos from making U-
turns at the intersection of Depot Lane and County Route 48?
a. Were any of those steps taken prior to July of 2015?
b. If yes, which steps were taken prior to July of 2015?
c. If no, why didn’t you or the Town of Southold take steps to prevent limos
from making U-turns at the intersection of Depot Lane and County Route 48
prior to July of 2015?
45. Did you receive an email on Sunday, August 12, 2012 from Beth Shipman regarding
the issue of limos making U-turns at the intersection of Depot Lane and County
Route 48?
a. Did you reply to the email?
b. If not, why not?
c. Document Demand: If yes, please provide a copy of your response
as it was not included in the documents provided by your attorneys.
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d. Ms. Shipman’s email refers to her making complaints about these
same problems for 18 months. Did you receive complaints from Ms.
Shipman about limos making U-turns for 18 months prior to August,
2012?
e. What action, if any, did you take during those 18 months?
46. Are you aware that Vineyard 48 requested limo companies to sign an agreement not
to make U-turns?
a. Who recommended this?
b. Have you seen it?
c. How was that generated?
47. Are you aware that the County of Suffolk conducted a traffic study concerning the
intersection of County Route 48 and Depot Lane, dated February 5, 2014, where it
was recommended that 70% of the crashes may be correctable with the installation
of a traffic signal?
a. When first did you become aware of this?
b. What action, if any, did you take?
48. At the October 9, 2012 Town Board meeting, William Shipman and Lynne Summer
expressed concerns about the issue of limos making U-turns at the intersection of
Depot Lane and County Route 48. What action, if any, did you take?
a. Councilman Albert Krupski, Jr. was present at that meeting. He later
became a Suffolk County legislator. Did you ever report to Mr.
Krupski, as a legislator, concerns regarding the issue?
b. On July 2, 2013 at the Town Board meeting, Bill Shipman again
raised the issue of U-turns by limos. What action, if any, did you
take?
49. Does the Town Board create, write, or put forth a “staff report”?
a. If the answer is yes, is there a December 2, 2013 staff report?
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b. Document Demand: If yes, please provide a copy of your response
as it was not included in the documents provided by your attorneys.
50. What did the December 2, 2013 staff report state in reference to the issue of limos
making U-turns at the intersection of Depot Lane and County Route 48?
51. Are you satisfied with decisions made by the Town Board regarding the issue of
limos making U-turns at the intersection of Depot Lane and County Route 48 prior
to the July 18, 2015 crash?
a. If yes, why?
b. If no, why?
52. What else could you or the Town of Southold have done, prior to July 18, 2015, to
address the issue of limos making U-turns at the intersection of Depot Lane and
County Route 48?
53. Do you know Bernadette Peterson?
a. How do you know her?
b. Have you spoken to her in reference to the intersection of Depot Lane
and County Route 48?
c. How many times, when and where did the conversation take place?
d. State with specifics, including the date or approximate date, everything that
Bernadette Peterson has said to you in those conversations about the
intersection of Depot Lane and County Route 48.
e. State with specifics, including the date or approximate date, everything that
you have said to Bernadette Peterson in those conversations about the
intersection of Depot Lane and County Route 48.
54. Subsequent to any conversation you ever had with Bernadette Peterson about the
intersection of Depot Lane and County Route 48, did you report the conversation to:
a. The Town Board?
b. The Town Attorney?
c. Any representative of the County of Suffolk?
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d. The Southold Police Chief?
e. Al Krupski?
f. Ed Romain?
g. Gilbert Anderson?
55. Do you know Bill Shipman?
a. If yes, how do you know him?
b. Have you spoken to Bill Shipman in reference to the intersection of Depot
Lane and County Route 48?
c. If yes, how many times, and when and where did those conversations take
place?
d. State with specifics, including the date or approximate date, everything that
Bill Shipman has said to you in those conversations about the intersection of
Depot Lane and County Route 48.
e. State with specifics, including the date or approximate date, everything that
you have said to Bill Shipman in those conversations about the intersection
of Depot Lane and County Route 48.
56. Subsequent to any conversation you ever had with Bill Shipman about the
intersection of Depot Lane and County Route 48, did you report the conversation to:
a The Town Board?
b. The Town Attorney?
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FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN DECEASED; Index No: 0611214/2015 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; STEVEN BARUCH INDIVIDUALLY; JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED AND AS ADMINISTRATOR OF THE REVISED ESTATE OF STEPHANIE BELLI, INTERROGATORIES AND DOCUMENT DEMANDS Plaintiffs, TO SCOTT RUSSELL, -against- TOWN SUPERVISOR OF THE DEFENDANT ULTIMATE CLASS LIMOUSINE, INC., CARLOS F. TOWN OF SOUTHOLD PINO, ROMEO DIMON MARINE SERVICES, 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 remanufactures, distributors and/sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that the plaintiffs, Joelle Dimonte and Melissa A. Crai, by their attorneys, the Pegalis Law Group, LLC and Joseph J. Tock, Esq, and pursuant to the order of the Honorable John H. Rouse, AJSC, dated December 10, 2020, submits to the defendant, The Town of Southold, the following revised interrogatories to be answered personally by the Supervisor of the Town of Southold, Scott Russell, separately and fully in writing, under oath, within thirty (30) days after service by filing in the NYSCEF electronic filing system, in accordance with the procedures and definitions set forth below and pursuant to sections 3130 and 3131 of the Civil Practice Law and Rules. PLEASE TAKE FURTHER NOTICE THAT, to the extent that documents are identified in the answers to these interrogatories, the defendant shall produce the identified documents with the -1- 1 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 answers to these interrogatories, pursuant rule 3120 and section 3131 of the Civil Practice Law and Rules. DEFINITIONS AND INSTRUCTIONS A. The full text of the interrogatory should be set forth immediately preceding Mr. Russell’s response thereto. B. When documents are produced in response to document demands made in these interrogatories, indicate to which interrogatory or document demand, or part thereof, the document responds. C. If you cannot answer any interrogatory in full after exercising due diligence to secure the information to do so, answer the interrogatory to the extent possible, explain any inability to answer, and state the information or knowledge presently available to you concerning the unanswered portion. D. If the interrogatories call for any information or document(s) that has/have been lost, destroyed or discarded, furnish an inventory of the missing documents and provide the following information: the type of document; the general subject matter of the document; the date of the document; the title and author of the document; the names of any persons who participated in the preparation of the document; the names of the addressee and any other recipient of the document; the relationship between the author and the addressee; the number of pages the document contained; the date that the document was lost, destroyed or otherwise discarded; and the names of the persons authorizing, participating in or with knowledge of such loss, destruction or discard. E. Unless otherwise indicated, the responses should include all information known up to the date of the verification of the answers. All of these interrogatories are deemed to be continuing so as to require further and supplemental responses as you receive or identify additional information at any point. Such supplementary responses are to be served upon the undersigned counsel for the plaintiffs within a timely manner upon learning of the additional information. F. Where a claim of privilege is asserted, the attorney asserting the privilege shall set forth the basis of the claim of privilege and preserve any information or documents for a privilege review by the court. G. As used in these interrogatories, the terms “you” and “your” shall be construed to refer to Scott Russell and his attorney(s), agents, employees, assignees and any other person or entity purporting to act on his behalf, and further shall be construed to include the Town of Southold and its attorney(s), agents, employees, assignees and any other person or entity purporting to act on its behalf, unless otherwise defined in a specific request. -2- 2 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 H. As used in the interrogatories, the terms “limo,” “limos,” “limousines” and “stretch limousines” shall be construed to include “stretch limousine” vehicles, such as the vehicle involved in the traffic collision which is the subject of this lawsuit, which have wheel base longer than an average passenger vehicle, and will typically seat eight or more passengers, and/or which has been altered so as to add seating capacity beyond that provided by the original manufacturer by way of an extended chassis, lengthened wheel base, or an elongated seating area, and in the case of a truck, has been modified to transport passengers. INTERROGATORIES 1. State your full name. 2. How long have you been Town Supervisor of the Town of Southold? 3. What are the duties and responsibilities of the Town Supervisor of the Town of Southold? 4. Was a no U-turn area established by the Town of Southold in local law 18-2019, and codified in the Town Code as section 260-3.1 of the Southold Town Code? 5. What was the basis of the Town’s authority to adopt local law 18-2019? 6. Did the Town Attorney issue an opinion, oral or written, concerning whether the Town of Southold had authority to adopt local law 18-2019? 7. At any Town Board meeting, between 1997 and 2015, did any resident express complaints or concerns about limousines, stretch limousines or buses making U-turns from the eastbound lane of County Route 48 to the westbound lane at Depot Lane? a. If the answer is yes, please describe in detail all actions taken by the Town Board in response to the complaints or concerns expressed at the meeting(s). b. If the answer is yes, but no action was taken by the Town Board, state why no action was taken. 8. To your knowledge, did the Town Board ever consider or discuss placing no U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot Lane? 9. Did the Town Board ever determine to place no U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot Lane? 10. Was it your understanding that, in order to place no U-turn signs in the eastbound -3- 3 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 lane of County Route 48 at the intersection with Depot Lane, the Town Board had to consult with officials from the County of Suffolk? a. If the answer is yes, what is the basis of that understanding? b. Document Demand: If a written opinion was rendered by the Town Attorney with respect to this issue, attach a copy to the answers to these interrogatories. 11. Did the Town Board ever make a request to any official with the County of Suffolk that the County approve or “recommend” the installation of no U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot Lane? a. If the answer is yes, was that request in writing? b. Document Demand: If a request was made in writing to the County of Suffolk that the County approve the installation of no U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot Lane, attach a copy of the request (or requests, if more than one) to the answers to these interrogatories. c. If such a request was oral, please provide the details. d. If the answer is no, why was such a request not made? 12. Daniel Dresch, who, in 2015, was the director of traffic engineering and highway work permits for the County of Suffolk, gave sworn testimony as a witness in this case at an examination before trial conducted on July 17, 2019.1 At his deposition, Mr. Dresch was asked: Q. Does the Town of Southold have authority to install traffic control devices such as no U-turns on a county road? A. In the strictest sense, they likely do, because any regulatory sign that we put on County Route 48 except for speed limit signs are as a result of a town board action, like the parking signs that we referred to earlier. Page 212, lines 9-16. 1 The relevant pages of Mr. Dresch’s deposition transcript are annexed as Exhibit A. The complete transcript of Mr. Dresch’s sworn testimony is in the possession of counsel for the Town of Southold. -4- 4 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 a. Do you agree with the statement in Mr. Dresch’s testimony? b. If you disagree with Mr. Dresch, explain how you disagree and on what basis you disagree. 13. At his deposition, Mr. Dresch was also asked: Q. So if the town wanted to install a no U-turn sign, you're saying that they would have the authority to do so? A. In the strictest sense. It would be highly unusual for them to move ahead without a recommendation from the county. Page 212, lines 17-22. a. Do you agree with the statement in Mr. Dresch’s testimony? b. If you disagree with Mr. Dresch, explain how you disagree and on what basis you disagree. 14. With respect to the authority of a town to install no U-turn signs on a Suffolk County road, Mr. Dresch testified as follows: A. They would be – the typical action would be they are as a result of an ordinance passed by the local town or village, and that the local town or village forces would install and maintain the sign. Page 213, lines 3-16. a. Do you agree with the statement in Mr. Dresch’s testimony? b. If you disagree with Mr. Dresch, explain how you disagree and on what basis you disagree. 15. Were you aware, prior to 2015, of any legal impediment to placing or installing no U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot Lane? a. If the answer is yes, describe in detail your understanding of the legal impediment to placing or installing no U-turn signs in the eastbound lane of County Route 48 at the intersection with Depot Lane -5- 5 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 16. Did you or, to your knowledge, did any Town of Southold official or employee, have oral communications with any official of the County of Suffolk, from 1997 through 2015, which advised the County of Suffolk that stretch limousines were making dangerous U-turns from the eastbound lane of County Route 48 at the intersection with Depot Lane? a. If the answer is yes, please provide the details including the dates (or approximate dates) and the person or persons involved in the communication. b. If the answer is no, what was the reason this information was not provided to the County of Suffolk? 17. Did the Town of Southold ever undertake a study, on its own, to determine whether a no U-turn sign was warranted at the intersection of the eastbound lane of County Route 48 with Depot Lane? a. If the answer is yes, please provide the details about the study, including who conducted it, when it was conducted, how it was documented, and whether the results were ever reported. b. Document Demand: If there was such a study resulting in a report, please provide a copy annexed to the answers to these interrogatories. c. If the answer is no, set forth the reason why no such study was undertaken. 18. In July of 2020, did you make the following statement (whether verbatim or in sum and substance) to a Newsday reporter: “All complaints and comments we receive regarding Route 48 are automatically referred to Suffolk County, which owns the road.”? a. If the answer is yes, was your statement true? b. What, specifically, was the mechanism for “automatically” referring all complaints and comments received to Suffolk County? c. Did the Town of Southold ever “refer a complaint or comment” to Suffolk County that stretch limousines were making dangerous U- turns from the eastbound lane of County Route 48 at the intersection with Depot Lane? -6- 6 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 d. What other complaints or comments regarding Route 48 have been referred to Suffolk County since you became the Town Supervisor. e. Document Demand: If any of the complains or comments identified in the answers to this interrogatory were submitted to the County of Suffolk in writing, annex copies to the answers to these interrogatories. 19. In July of 2020, did you make the following statement (whether verbatim or in sum and substance) to a Suffolk Times reporter: “All complaints I receive regarding Route 48 get referred to Suffolk County, which owns the road.”? a. If the answer is yes, was your statement true? b. What, specifically, was the mechanism for referring all complaints and comments received by you to Suffolk County? c. Did you ever refer a complaint or comment to Suffolk County that stretch limousines were making dangerous U-turns from the eastbound lane of County Route 48 at the intersection with Depot Lane? d. What other complaints or comments regarding Route 48 have been referred to Suffolk County since you became the Town Supervisor. e. Document Demand: If any of the complains or comments identified in the answers to this interrogatory were submitted to the County of Suffolk in writing, annex copies to the answers to these interrogatories. 21. To your knowledge, in July of 2020, did Town Attorney William Duffy make the following statement (whether verbatim or in sum and substance) to a Suffolk Times reporter: “In addition to the supervisor’s office forwarding complaints about the intersection to county, since 1998 the Town Board has made several requests that the county study the intersection based on constituent complaints?” a. If the answer is yes, is the statement true? b. Do you agree that, as the Supervisor of the Town of Southold, you had a duty to forward those complaints to the County of Suffolk? c. Identify each and every constituent complaint that was forwarded to the County of Suffolk, regarding the intersection of County Route 48 -7- 7 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 and Depot Lane, between 1998 and July of 2015. d. Identify each and every request made to the County of Suffolk, since 1998, that the County study the intersection based on constituent complaints. e. Document Demand: If any of the notifications identified in the answers to this interrogatory were in writing, annex copies to the answers to these interrogatories. f. Document Demand: If any of the notifications identified in the answers to this interrogatory were provided via email, annex copies of the email(s) to the answers to these interrogatories. If the emails are no longer available, please so indicate, stating the date of the email, the sender, the recipient, and a statement concerning the content of the email. g. Document Demand: If any of the notifications identified in the answers to this interrogatory were provided via text message or other electronic messaging service, annex copies to the answers to these interrogatories. If the messages are no longer available, please so indicate, stating the date of the message, the sender, the recipient, and a statement concerning the content of the email. h. Document Demand: If any of the notifications identified in the answers to this interrogatory were provided orally, either in person, on the telephone, or via any other “in person” communication, state the date of the message, the sender, the recipient and a statement concerning the content. If a record was kept of the communication, annex copies of the records (notes, diary entries, etc) to the answers to these interrogatories. 22. Does Town Board have work sessions? a. How often? b. Are there minutes for the work sessions? c. If yes, where are they maintained? 23. Are there committee meetings? a. How often? -8- 8 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 b. Are there minutes for the committee meetings? I c. If yes, where are they maintained? 24. Are there separate committee work sessions? a. How often? b. Are there minutes for the committee work sessions? c. If yes, where are they maintained? 25. When for the first time at any of the above meetings was the issue of limos making U-turns at Depot Lane and County Route 48 ever discussed or presented? 26. Did you ever receive or look at videos or photographs from community member Bill Shipman in 2012 or any other time? a. What did the photos depict? b. What did the videos depict? c. What did you do with the photos? d. What did you do with the videos? e. Did you present the videos or photographs to the Town Board? f. Did you present them to the Police Chief? g. Did you present them to the County of Suffolk? h. Did you discuss them with Al Krupski? I. What action did you take after receiving the photos and videos? 27. Was a concern over the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48 ever raised at a Town Board meeting? a. Who presented or raised the issue or concern? b. When? -9- 9 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 c. What action, if any, did you take? d. What action, if any, did the Town Board take? 28. How many times was the concern over the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48 raised at a Town Board meeting? 29. How many times was this concern over the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48 raised at a work session? 30. How many times was this concern over the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48 raised at a committee meeting? 31. How many times was this concern over the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48 raised at a committee work session? 32. What action, ifany, did you or the Town Board take in reference to each of the concerns raised? 33. On June 3, 2013 at a Town of Southold Planning Board meeting, several members of your town raised concerns about limos making U-turns. a. Were you present at the meeting? b. Did you later learn of the issue presented at the meeting? c. What action, if any, did you take after this meeting? d. Did Donald Wilcenski contact you after the meeting to discuss the concerns raised? e. Did you contact the County of Suffolk? f. Did you contact the Southold Chief of Police? g. Did you contact any Suffolk Legislators? 34. After the June 3, 2013 planning board meeting, did any planning board member contact you regarding the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48? -10- 10 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 35. Did you attend any planning board meetings in reference to Vineyard 48? a. Was the issue of limos or other oversize vehicles making U-turns at Depot Lane and County Route 48 raised while you were in attendance? b. What action, if any, did you take? c. What action, if any, did the Planning Board take? 36. Did you ever ask the County of Suffolk to conduct a traffic study due to limos making U-turns at the intersection? a. When? b. How? c. What response did you receive? d. What action did you take after receiving the response? 37. What was the reasons the County of Suffolk was not asked to conduct a traffic study due to limos making U-turns at this intersection? 38. When did you first become aware of the concern of limos making U-turns at the intersection? 39. Have you ever seen limos making U-turns at the intersection? a. How many times? b. When for the first time did you ever see limos making U-turns at the intersection? d. What action, if any, did you take? 40. Did you ever send emails to County of Suffolk regarding the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? a. Document Demand: If any emails are identified in the answer to this interrogatory, annex copies to the answers to these interrogatories. -11- 11 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 41. Did you ever send correspondence to the County of Suffolk regarding the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? a. Document Demand: If any correspondence is identified in the answer to this interrogatory, annex copies to the answers to these interrogatories. 42. Did you ever make a phone call to representatives of the County of Suffolk regarding the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? a. If the answer is yes, provide the details of the phone call, identifying the parties to the call, the date or approximate date of the call, and the sum and substance of what was said. b. Document Demand: If there is a memorandum concerning the phone call (or calls), attach a copy (copies) to the answers to these interrogatories. 43. Did you ever attend a Suffolk County legislative meeting to discuss the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? 44. What steps did you, or the Town of Southold, take to prevent limos from making U- turns at the intersection of Depot Lane and County Route 48? a. Were any of those steps taken prior to July of 2015? b. If yes, which steps were taken prior to July of 2015? c. If no, why didn’t you or the Town of Southold take steps to prevent limos from making U-turns at the intersection of Depot Lane and County Route 48 prior to July of 2015? 45. Did you receive an email on Sunday, August 12, 2012 from Beth Shipman regarding the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? a. Did you reply to the email? b. If not, why not? c. Document Demand: If yes, please provide a copy of your response as it was not included in the documents provided by your attorneys. -12- 12 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 d. Ms. Shipman’s email refers to her making complaints about these same problems for 18 months. Did you receive complaints from Ms. Shipman about limos making U-turns for 18 months prior to August, 2012? e. What action, if any, did you take during those 18 months? 46. Are you aware that Vineyard 48 requested limo companies to sign an agreement not to make U-turns? a. Who recommended this? b. Have you seen it? c. How was that generated? 47. Are you aware that the County of Suffolk conducted a traffic study concerning the intersection of County Route 48 and Depot Lane, dated February 5, 2014, where it was recommended that 70% of the crashes may be correctable with the installation of a traffic signal? a. When first did you become aware of this? b. What action, if any, did you take? 48. At the October 9, 2012 Town Board meeting, William Shipman and Lynne Summer expressed concerns about the issue of limos making U-turns at the intersection of Depot Lane and County Route 48. What action, if any, did you take? a. Councilman Albert Krupski, Jr. was present at that meeting. He later became a Suffolk County legislator. Did you ever report to Mr. Krupski, as a legislator, concerns regarding the issue? b. On July 2, 2013 at the Town Board meeting, Bill Shipman again raised the issue of U-turns by limos. What action, if any, did you take? 49. Does the Town Board create, write, or put forth a “staff report”? a. If the answer is yes, is there a December 2, 2013 staff report? -13- 13 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 b. Document Demand: If yes, please provide a copy of your response as it was not included in the documents provided by your attorneys. 50. What did the December 2, 2013 staff report state in reference to the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? 51. Are you satisfied with decisions made by the Town Board regarding the issue of limos making U-turns at the intersection of Depot Lane and County Route 48 prior to the July 18, 2015 crash? a. If yes, why? b. If no, why? 52. What else could you or the Town of Southold have done, prior to July 18, 2015, to address the issue of limos making U-turns at the intersection of Depot Lane and County Route 48? 53. Do you know Bernadette Peterson? a. How do you know her? b. Have you spoken to her in reference to the intersection of Depot Lane and County Route 48? c. How many times, when and where did the conversation take place? d. State with specifics, including the date or approximate date, everything that Bernadette Peterson has said to you in those conversations about the intersection of Depot Lane and County Route 48. e. State with specifics, including the date or approximate date, everything that you have said to Bernadette Peterson in those conversations about the intersection of Depot Lane and County Route 48. 54. Subsequent to any conversation you ever had with Bernadette Peterson about the intersection of Depot Lane and County Route 48, did you report the conversation to: a. The Town Board? b. The Town Attorney? c. Any representative of the County of Suffolk? -14- 14 of 22 FILED: SUFFOLK COUNTY CLERK 02/16/2021 10:48 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 770 RECEIVED NYSCEF: 02/16/2021 d. The Southold Police Chief? e. Al Krupski? f. Ed Romain? g. Gilbert Anderson? 55. Do you know Bill Shipman? a. If yes, how do you know him? b. Have you spoken to Bill Shipman in reference to the intersection of Depot Lane and County Route 48? c. If yes, how many times, and when and where did those conversations take place? d. State with specifics, including the date or approximate date, everything that Bill Shipman has said to you in those conversations about the intersection of Depot Lane and County Route 48. e. State with specifics, including the date or approximate date, everything that you have said to Bill Shipman in those conversations about the intersection of Depot Lane and County Route 48. 56. Subsequent to any conversation you ever had with Bill Shipman about the intersection of Depot Lane and County Route 48, did you report the conversation to: a The Town Board? b. The Town Attorney?