Preview
FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022
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
ESTATE OF STEPHANIE BELLI, AMENDED
VERIFIED BILL OF
Plaintiffs, PARTICULARS
AS TO ROMEO DIMON
-against- MARINE SERVICES
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F.
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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The plaintiff, Joelle Dimonte, by her attorneys, the Pegalis Law Group, LLC, as and for her
Amended Verified Bill of Particulars, pursuant to CPLR 3042(b), in response to the demand of
defendant, Romeo Dimon Marine Service, Inc., respectfully alleges as follows upon information and
belief:
1. The occurrence took place on July 18, 2015, in the afternoon of that day.
2. Objected to as evidentiary in nature. Without waiving this objection, or its effectiveness
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at the time of trial, it is claimed, upon information and belief, that the vehicle owned by the
defendant, Romeo Dimon Marine Service, Inc., and operated by the defendant, Steven Romeo, came
into contact with a vehicle owned by the co-defendant, Ultimate Class Limousine, Inc., and operated
by the co-defendant, Carlos Pino, at the intersection of County Route 48 and Depot Lane, in the
Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. It is claimed that, as a
result of the contact, the occupants of the Ultimate Class vehicle (a stretch limousine), including the
plaintiff, Joelle Dimonte, were injured, and that four of those occupants were killed.
3. The location of the occurrence was on a public highway known as County Route 48
(Middle Road) at its intersection with Depot Lane, in the Hamlet of Cutchogue, Town of Southold,
County of Suffolk, State of New York.
4. It is alleged that the defendant, Romeo Dimon Marine Service, Inc., through its agents,
servants and employees, including the co-defendant Steven Romeo, was negligent:
! in failing to use reasonable care in entrusting to or leaving in the possession of the co-
defendant, Steven Romeo, a pickup truck motor vehicle;
! in creating an unreasonable risk of harm to the plaintiff who was a passenger in the
defendant, Ultimate Class Limousine, Inc.'s, vehicle;
! in failing to use reasonable care which a reasonably prudent owner of a motor vehicle
would use under the same circumstances.
! in failing to operate its vehicle in a careful and prudent manner;
! in failing to yield the right of way to oncoming traffic in complete of the plaintiff's
safety;
! in operating its vehicle at an excessive rate of speed under the circumstances;
! in failing to decelerate when approaching the intersection;
! in operating its vehicle while impaired by alcohol;
! in operating its vehicle while intoxicated by alcohol;
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! in failing to make alternative maneuvers in order to avoid a collision;
! in failing to keep a lookout;
! in failing to observe the oncoming vehicle operated by the co-defendant, Carlos Pino;
! in failing to observe the traffic conditions;
! in failing to maintain an adequate lookout or observation of the prevailing
circumstances;
! in failing to maintain an adequate lookout or observation of the prevailing circumstances,
including the approach and maneuvers of the vehicle operated by the co-defendant,
Carlos Pino;
! in failing to maintain proper control of its vehicle;
! in failing to sound the horn;
! in operating its vehicle without appropriate training and/or experience;
! in failing to stop its vehicle before colliding with co-defendant, Carlos Pino’s, vehicle;
! in failing to avoid a collision with Carlos Pino’s vehicle;
! in failing to observe the applicable rules of the road;
! in operating the motor vehicle at an unlawful rate of speed for the circumstances then
and there existing;
! in failing to yield the right of way to oncoming traffic on the roadway in disregard of the
plaintiff's safety;
! in failing to maintain an adequate lookout for other vehicles traveling on the roadway
or observation of the circumstances then and there prevailing, including the vehicle
operated by the co-defendant, Carlos Pino;
! in failing to maintain proper control of its vehicle;
! in operating its vehicle in the disregard of the safety of the plaintiff's safety;
! in failing to stop its vehicle before colliding with co-defendant Pino's vehicle;
! in failing to observe rules of the road and the provisions of the Vehicle and Traffic Law
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of the State of New York applicable to such situations;
! in failing to operate its vehicle at a careful and prudent rate of speed under the
circumstances then and there prevailing;
! in failing to operate its vehicle at a careful and prudent manner so as to avoid the
happening of the collision with the co-defendant, Carlos Pino's, motor vehicle;
! in failing to observe the applicable provisions of the New York Vehicle and Traffic Law.
5. The plaintiff has insufficient information to state whether it is claimed that the
defendant’s vehicle was defective.
6. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving
its effect at trial, upon information and belief, the front of defendant Romeo Dimon’s vehicle, a
pickup truck, came into contact with the right side of the defendant Ultimate’s vehicle, a limousine,
and penetrated into the cabin of that vehicle.
7. Objected to as evidentiary in nature. Notwithstanding this objection, and without
waiving its effect at trial, upon information and belief, the vehicle in which the plaintiff was a
passenger had been traveling in the eastbound direction of County Road 48, and was in the process
of making a U-turn at the intersection of County Road 48 and Depot Lane. Upon information and
belief, the other vehicle was traveling in the westbound direction of County Road 48.
8. Not applicable.
9. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving
its effect at trial, upon information and belief, there was a blinking traffic light at the intersection.
10. Objected to as an improper demand in a demand for a bill of particulars.
11. Objected to as an improper demand in a demand for a bill of particulars.
Notwithstanding this objection, and without waiving its effect at trial, plaintiff is not aware at this
time of the identity all the witnesses to incident other than the surviving passengers of the limousine,
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the operator of the limousine, defendant, Carlos Pino, and the operator of the pickup truck,
defendant, Steven Romeo.
12. Objected to as evidentiary in nature. Notwithstanding this objection, and without
waiving its effect at trial, upon information and belief, there was a blinking traffic light at the
intersection.
11. Objected to as evidentiary in nature. Notwithstanding this objection, and without
waiving its effect at trial, the plaintiff asserts that identity of all damages witnesses, including those
witnesses who may be called to testify at trial, are unknown to the plaintiff at this time. Damage
witnesses may include, but are not limited to, the plaintiff, the other surviving passengers in the
limousine, and the plaintiff’s treating and examining physicians.
12. Objected to as evidentiary in nature. Notwithstanding this objection, and without
waiving its effect at trial, the plaintiff asserts, upon information and belief, that
(a) The owner of the pickup truck is Defendant, Romeo Dimon Marine Service, Inc.
The owner of the limousine is defendant, Ultimate Class Limousine, Inc.
(b) The operator of the pickup truck was the defendant, Steven Romeo.
The operator of the limousine was the defendant, Carlos Pino.
(c) The license plate number of the limousine was N102124C.
The license plate number of the pickup truck was EFC3050.
13. Objected to as evidentiary in nature. Notwithstanding this objection, and without
waiving its effect at trial, upon information and belief the plaintiff was not wearing a seat belt.
14. Objected to as evidentiary in nature. Notwithstanding this objection, and without
waiving its effect at trial, upon information and belief the plaintiff was sitting in the back of the
limousine on the driver’s side.
15. The plaintiff is not making a claim for damage to a vehicle.
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16. The plaintiff is not making a claim for damage to a vehicle.
17. The plaintiff is not making a claim for damage to a vehicle.
18. The plaintiff is not making a claim for damage to a vehicle.
19. The plaintiff is not making a claim for damage to a vehicle.
20. The plaintiff is not making a claim for damage to a vehicle.
21. The plaintiff is not making a claim for damage to a vehicle.
22 - 23 Please refer to the responses to item 12.
24. The plaintiff claims that all of her injuries are serious injuries as defined in subsection
(d) of Section 5102 of the Insurance Law of the State of New York, in that the plaintiff has suffered
fractures; significant permanent loss of use of a bodily organ, member, function or system;
permanent consequential limitation of use of a bodily organ or member; significant limitation of use
of a bodily organ or member; significant limitation of use of a bodily function or system; permanent
significant scarring in her eye. The serious injuries, as presently known, are multiple rib fractures;
a right hip sprain, a laceration to her left elbow which required sutures (on July 18, 2015); sprains
in her right elbow, right shoulder, and in her cervical, thoracic and lumbar spine, resulting in pain
in her neck, mid-back, low back, right shoulder, right elbow and right hip that interfere with daily
living and require physical therapy. The serious injuries further include a serious permanent eye
injury, requiring surgery and which will require surgery in the future. The eye injury results in a
permanent and uncorrectable impairment to visual acuity. The plaintiff has an 8-9 mm scar on the
surface of her right eye, as well as a developing cataract which will likely require cataract surgery
in the future. She will also require removal of the sutures. The plaintiff has also been diagnosed
with post-traumatic stress disorder (PTSD), as well as anxiety and depression, directly related to the
accident and the carnage the accident produced. She will require long-term follow up care by an
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ophthalmologist, by physical therapists and by mental health professionals.
25. a. As a result of the defendant’s negligence, the plaintiff, Joelle DiMonte, was caused
to sustain severe and permanent injuries. Ms. Dimonte sustained a severe physical traumatic injury
which resulted in multiple rib fractures, a right hip sprain, a laceration to her left elbow which
required sutures (on July 18, 2015), a right elbow sprain, a right shoulder sprain and sprains in her
cervical, thoracic and lumbar spine. As a result of the trauma, she experiences pain in her neck, mid-
back, low back, right shoulder, right elbow and right hip. Her low back pain radiates to her thighs.
She requires physical therapy for her injuries. Ms. DiMonte also sustained a significant injury to her
right eye in the form of an 8-9 mm corneal laceration. The laceration was surgically repaired (on
July 19, 2015) and stitches were put in her eye. She will require removal of the sutures. She
sustained a permanent impairment of visual acuity in the right eye. The impairment cannot be fully
corrected. As a result of the injury, Ms. DiMonte has a 8-9 mm scar. As a result of the eye injury,
Ms. DiMonte has a developing cataract in the right eye which will worsen over time and it is
anticipated that she will need additional surgery to repair the damage. As a result of the accident,
moreover, her contact lens was propelled behind her eye and had to be removed with surgical
instruments. She has difficulty driving at night due to glare. She will require long-term follow up
care by an ophthalmologist. As a result of the accident, moreover, Ms. Dimonte has sustained
psychological and emotional injuries, stemming from the accident and stemming from the fact that
four of her friends, including her closest friend, were killed in the accident, and other friends were
injured. She has been diagnosed with post traumatic stress disorder, increased anxiety and
depression as a result of the accident, and has required and will continue to require mental health
therapy.
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The plaintiff’s injuries are both physical and psychological. Ms. Dimonte sustained a rupture
of the globe of her right eye, laceration of her right eye, fractured ribs, sprains to her cervical,
thoracic and lumbar spine, a sprained right shoulder and elbow and a sprained right hip, a laceration
of the left elbow, and profound psychological and emotional trauma. She was hospitalized from July
18 through July 20, 2015, at Peconic Bay Medical Center. She underwent emergency eye surgery
there to treat a corneal laceration and ruptured globe in the right eye, and has come under the care of
an ophthalmologist, Dr. Daniel Hamou of East End Eye Associates. She required an artificial lens.
She has difficulty driving at night.
As a result of the penetrating injury to the right eye, she developed anisometropia (cataract
development due to significant imbalance in refraction) in the left eye, which required the implant
of an artificial lense in that eye in 2017. Since then, she has had additional eye surgeries (most
recently in February, 2020) and will require surgical correction (and replacement of the artificial
lenses) throughout her life. Since the accident, she has had over 30 follow up visits with her
ophthalmologist and will require a lifetime of constant monitoring. As a result of the traumatic injury,
she is in life-long danger of developing early cateracts and glaucoma in the right eye.
Ms. Dimonte has required extensive physical therapy and has never overcome the results of
her physical injuries. She continues to suffer from pain in her neck, mid-back, low back, right
shoulder, right elbow and right hip. Her low back pain radiates to her thighs.
Ms. Dimonte sustained psychological and emotional injuries, stemming from the horrific
nature of the accident and from the fact that she witnessed four of her friends, including her closest
friend, killed in the accident, and three others severely injured, exacerbated by the relentless legal and
media aftermath of the accident. She has been diagnosed with post traumatic stress disorder (PTSD)
with serious anxiety and depression, is under the care of a therapist and takes anti depressant
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medication. As a result of the occurrence, she suffers from anxiety and depression, feelings of
unworthiness, survivor’s guilt, nightmares, flashbacks, panic attacks, uncontrollable sadness and
fatigue.
b. All injuries are claimed to be permanent or to have permanent sequella.
c. As a result of the accident, the plaintiff’s social sphere contracted and she rarely leaves
the house except for work.
d. The amounts claimed for special damages cannot be fully stated at this time. To the extent
that medical expenses are known at this time, they are set forth on a rider to this bill of particulars.
The plaintiff will update this response and information becomes available.
26. The plaintiff was hospitalized for one day at:
Peconic Bay Med Center
1300 Roanoke Avenue
Riverhead, NY 11901
27. The plaintiff has been treated by:
Dr. Steven Wishner
180 East Pulaski Road
Huntington Station, NY 11746
Dr. Susanna Cooperman
Huntington Medical Group
180 East Pulaski Road
Huntington Station, NY 11746
Daniel Hamou, MD
Eric Vinokur, MD
East End Eye Associates
937 East Main Street
Riverhead, NY 11901
Lino Chuang
Excellent Choice Physical Therapy, P.C.
180 East Pulaski Road
Huntington Station, NY 11746
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28. a. The plaintiff’s employer at the time of the accident was:
Outreach House
400 Crooked Hill Road
Brentwood, New York
b. The plaintiff was employed at the time of the accident as a substance abuse
counselor.
c. The plaintiff was employed at the time of the accident as a substance abuse
counselor
d. Not applicable.
e. The plaintiff lost two weeks of work.
f. The plaintiff’s annual salary is approximately $35,000.
g. Not applicable.
29. The amounts claimed for special damages cannot be fully stated at this time. To the
extent that medical expenses are known at this time, they are set forth on a rider to this bill of
particulars. The plaintiff will update this response and information becomes available.
30. Objected to as improper in a demand for a bill of particulars.
31. The plaintiff will ask the court to take judicial notice of all applicable laws, statutes,
regulations, rules and ordinances that the defendants violated upon the trial of this action, or that are
otherwise implicated in this matter. The identity of the statutes, regulations, rules, ordinances or
other laws violated by Steven Romeo, Romeo Dimon Marine Services, Inc., or otherwise implicated
in the liability of these defendants, cannot be fully stated at this time, but includes the following
section of the New York State Vehicle and Traffic Law: §§ 388, 1100, 1101, 1110, 1111, 1111-a,
1113, 1140, 1141, 1143, 1160(b), 1161, 1163, 1175, 1180, 1180-a, 1180-b, 1192, 1212, 1225-c,
1225-d & 1226. The plaintiff reserves the right to update this response.
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32. The plaintiff’s address at the time of the accident was 540 Lefferts Avenue, Elwood,
New York 11731. The plaintiff declines to provide a date of birth or social security number in this
Bill of Particulars, but will provide same under separate cover if necessary to obtain pertinent
records.
33. Not applicable.
34. The plaintiff declines to provide a copy of her ID in this Bill of Particulars.
Dated: Lake Success, New York
April 21, 2022
PEGALIS LAW GROUP, LLC
_________________________
By: Gary Nielsen, Esq.
Of Counsel
Attorneys for Plaintiff
Joelle Dimonte
One Hollow Lane Suite 107
Lake Success, New York 11042
516.684.2900
TO: JOHN L. JULIANO, ESQ.
Attorneys for Plaintiff
Suzanne Schulman, as Administratrix
of the Estate of Brittney M. Schulman Deceased
39 Doyle Court
E. Northport, New York 11731
631.499.9300
JOSEPH J. TOCK, ESQ.
Attorney for plaintiff
Melissa A. Crai
One Mahopac Plaza
Mahopac, New York 10541
914.628.8080
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BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place, Ste 205
Garden City, New York 11530
516.741.4170
SULLIVAN PAPAIN BLOCK MCGRATH
Attorneys for Plaintiff
Steven Baruch, as Administrator of the
Estate of Lauren Baruch,
and Steven Baruch Individually
1140 Franklin Avenue-ste.200
Garden City, New York 11530
516.742.0707
PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza, Suite 2202
New York, New York 10122
212.742.0476
FRANK J. LAINE, P.C.
Attorneys for Plaintiff
Mindy Grabina, as Administratrix
of the Estate of Amy Grabina,
and Mindy Grabina Individually
449 South Oyster Bay Road
Plainview, New York 11803
516.937.1010
BLOCK O'TOOLE & MURPHY, ESQS.
Attorneys for Plaintiff Arthur A. Belli, Jr.,
as Parent and Natural Guardian of Stephanie Belli,
Deceased and as Administrator of the
Estate of Stephanie Belli
One Penn Plaza, Ste 5315
New York, New York 10119
212.736.5300
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BONGIORNO MONTIGLIO & PALMIERI
Attorneys for Defendants
Ultimate Class Limousine, Inc. and Carlos Pino
200 Old Country Road, Ste 680
Mineola, New York 11501
516.849.7565
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
Romeo Dimon Marine Services, Inc.
1399 Franklin Avenue, Ste 302
Garden City, New York 11530
516.747.1990
LEWIS JOHS AVALLONE AVILES
Attorneys for Defendant
Steven D. Romeo
One CA Plaza, Ste 225
Islandia, New York 11749
631.755.0101
VINCENT D. MCNAMARA, ESQ.
Attorney for Defendant
County of Suffolk
1045 Oyster Bay Rd, Suite 1
East Norwich, New York 11732
516.922.9100
THOMAS M. VOLZ, PLLC
Attorneys for Defendant
Town of Southold
280 Smithtown Blvd.
Nesconset, New York 11767
631.366.2700
LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
Cabot Coach Builders, Inc., d/b/a Royale Limousine
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
631.501.3100
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ATTORNEY’S VERIFICATION
Gary Nielsen, Esq, an attorney duly admitted under the laws of the State of New York,
affirms under the penalties of perjury, pursuant to CPLR 2106:
1. I am of counsel to the Pegalis Law Group, LLC, the attorneys for the plaintiff, Joelle
DiMonte.
2. I have read the foregoing Amended Verified Bill of Particulars and know its contents.
The same is true to my knowledge, except to those matters herein stated to be alleged on information
and belief, and as to those matters I believe it to be true.
3. The reason this verification is made by me and not by Ms. DiMonte is that the plaintiff
does not reside in the county in which I have my office.
4. The grounds of my belief as to all matters not stated upon my own knowledge are
conversations with the plaintiff and a review of relevant records.
______________________
Gary Nielsen, Esq.
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RIDER TO VERIFIED BILL OF PARTICULARS
Dimonte v. Ultimate Class Limousine, Inc., et.al.
Index No.: 603536/2016
April 21, 2022
PROVIDER COST INSURANCE PAID BY CLIENT
Peconic Bay Medical Center * * *
1300 Roanoke Avenue
Riverhead, NY 11901
Dr. Steven Wishner * * *
Huntington Medical Group
180 East Pulaski Road
Huntington Station, NY 11746
Dr. Susanna Cooperman * * *
Huntington Medical Group
180 East Pulaski Road
Huntington Station, NY 11746
Daniel Hamou, MD * * *
Eric Vinokur, MD
East End Eye Associates
937 East Main Street
Riverhead, NY 11901
Lino Chuang * * *
Excellent Choice
Physical Therapy, P.C.
180 East Pulaski Road
Huntington Station, NY 11746
* Based on currently available information. All amounts recited are subject to revision. The plaintiff
reserves the right to update the response as further information becomes available.
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