On October 21, 2015 a
Motion-Secondary
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
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,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index Nos.: 611214/l5
--------------- -------- ¬----------------------X 609082/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16
OF AMY GRABINA, AND MINDY GRABlNA, 001831/16
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED,
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAl,
Plaintiffs, RESPONSE TO DEMAND
FOR DISCOVERY
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
------ -------------------------- ¬-------------------X
The following isthe SCHULMAN PLAINTIFF'S RESPONSE pursuant to the demands
therefor by thedefendant, COUNTY OF SUFFOLK, upon information and belief:
1. Fully executed transcript for the 50-h hearing conducted on March 25, 2016, was forward
to your office on May 5, 2016. The only exhibit marked was a copy of the notice of claim on
behalf of Susan Schulman, as Administratrix of the Estate of Brittney M. Schulman, deceased.
2. Objection to Suffolk County's demand number 2 for copies of any and all Department of
Motor Vehicle hearing transcripts along with corresponding exhibits. These hearing transcripts
are a matter of public record and can be obtained directly from the Department of Motor
Vehicles.
3. Plaintiff, Schulman, is not in possession of the names of any and allpersons who testified
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NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
in the criminal investigative grand jury proceeding and are unknown to the plaintiff.
persons'
4. Plaintiff Schulman is aware of the transcripts who testified in a civil (special)
grand jury proceeding. This information ispresently in the possession of the County of Suffolk
and was disclosed by allplaintiffs and the Suffolk County District Attorney's office.
5. Plaintiff Schulman is not in possession of the information requested in paragraph 5 of
Suffolk County's demand.
6. Objection. All media reporting concerning July 18, 2015 fatalaccident and other news
articles are public information which can be obtained directly from the media reporting this
information.
7. Brittney M. Schulman deceased allegedly expired at the scene of the fatal accident and no
medical reports other than the Suffolk County Medical Examiner's autopsy was reported. This
information was provided to County.
8. All authorizations to obtain Brittney M Schulman's medical records, autopsy, and school
records were previously provided.
9. Plaintiff Schulman is not in possession of any documents demanded by the County
pertaining to the criminal proceedings against Carlos Pino relating to the fatal accident which
occurred on July 18, 2015.
10. Plaintiff Schulman is not in possession of any documents demanded by the County
pertaining to the criminal proceedings against Steven D. Romeo relating to the fatal accident
which occurred on July 18, 2015.
1 1. Not applicable.
12. This office is not in possession of any written statements, emails, Facebook, Snapchat,
Tic-toc or any other written communications from potential witnesses to the July 18, 2015 fatal
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NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
accident.
13. This office is not in possession of any additional photographs taken of the crash scene
with respect to the July 18, 2015 fatal accident. A complete listof all photographs taken by
Suffolk County Police Department criminal investigation division can be obtained directly from
the Suffolk County Police Department.
14. Defendant's demand for Brittney M. Schulman's no-fault file is not applicable since
Brittney M. Schulman expired at the scene of the fatal accident on July 18, 2015.
The plaintiffs responses to the demands made by the defendant Suffolk County are based
upon the presently available level of material information in plaintiffs possession and plaintiff
will provide any further information requested ifand when itmay become available by service of
a supplemental discovery response. Brynes v. New York Hospital, 91 A.D.2d 907, 457
N.Y.S.2d 531; Nelson v. New York University Medical Center, 51 A.D.2d 353, 381 N.Y.S.2d
491; Patterson v. Jewish Hospital and Medical Center, 94 Misc.2d 680, 405 N.Y.S.2d 194.
Dated: East Northport, New York
February 24.2022
JOHN L. JULlANO, P.C.
Attorney for Plaintiff Schulman
39 Doyle Court
East Northport, New York 1 1731
(631) 499-9300
TO:
All counsel via NYSCEF efiling
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NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/15
--------- ----------------- ¬--------X
ALICIA M. ARUNDEL, SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED, et. al.
Plaintiffs, AFFIDAVIT OF SERVICE
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a
ROYALE LIMOUSINE, et. al.
Defendants.
__________________________________________ ¬___-----------------X
State of New York)
ss.)
County of Suffolk)
Myriam E. Rodriguez, being duly sworn, deposes and says as follows:
I am not a party to the within action, I am at least (18) years of age and reside in Lake
Grove, New York,
That on February 24, 2022 I served the within Response to Demand for Discovery upon:
The Bongiorno Law Firm
Attorney for Plaintiff: Arundel
250 Mineola Boulevard
Mineola, New York 11501
(516) 741-4170
File No.: 6230.PP
brandoncruzesq@gmail.com
bcruz@thebongiornolawfirm.com
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NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
Ian Chaikin, PLLC
Attorneys for Plaintiff: Lipets
ichaikin@ichaikinpile.com
Frank J. Laine, P.C.
Attorneys for Plaintiff: Estate of Grabina
449 South Oyster Bay Road
Plainview, New York 11803
(516) 937-1010
info@fjllaw.com
filpc4@optonline.net
Sullivan, Papain, Block, McGrath & Cannavo, P.C.
Attorneys for Plaintiff: Estate of Baruch
1140 Franklin Avenue, Suite 200
Garden City, New York 11539
(516) 742-0707
rsullivan@triallawl.com
GSuarez@triallawl.com
jweiss@triallawl.com
Pegalis & Erickson, LLC
Attorneys for Plaintiff: DiMonte
One Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2939
aneilsen@penalisanderickson.com
abs@pegalisanderickson.com
Block O'Toole & Murphy
Attorneys for Plaintiff: Estate of Belli
1 Pennsylvania Plaza, Suite 5315
New York, New York 10119
(212) 736-5300
File No.: 4044
dseiden@blockotoole.com
Law Offices of Joseph C. Tock
Attomeys for Plaintiff: Crai
963 Route 6
Mahopac, New York 10541
(845) 628-8080
joetock@tocklaw.com
2
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NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
pc@tocklaw.com
_____..____________ ___________ ___________ ______________
Bongiorno, Montiglio & Palmieri
Attorneys for Defendant: Ultimate Class Limo & Carlos Pino
200 Old Country Road,
Suite 680,
Mineola, NY 11501
(516)-620-4490
neil.palmieri@bmonylaw.com
tracey.herbst@bmonylaw.com
Cascone & Kluepfel, LLP
Attorneys for Defendant: Romeo Dimon Marine Service
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No.: 03787DVM
dkluepfel@cklaw.com
llucchese@cklaw.com
DTavella@cklaw.com
Lewis Jobs Avallone & Aviles
Attorneys for Defendant Steven Romeo
1377 Motor Parkway
Suite 400
Islandia, New York 11749
(631) 755-0101
File No.: 0114.1460.001C
Roseanne - Calendar
rkdevlin@lewisjohs.com
Thomas M. Volz, PLLC
Attorney for Town of Southold
280 Smithtown Blvd.
Nesconset, New York 11787
631-366-3065
David Arnsten
Jshteierman@tvolzlaw.com
darnsten@tvolzlaw.com
Vincent D. McNamara
Attorney for Defendant County of Suffolk
1045 Oyster Bay Road
East Norwich, New York 11732
3
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FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022
(516) 922-9100
vdm-law.com
Law Offices of Andrea G. Sawyers
Attorneys for Defendant Cabot Coach Builders
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
(631) 501-3100
Rebecca - Calendar: 501-3100
(631)
ssteiger@travelers.com
by electronically filing via New York State Court Electronic Filing Sys .
Myri E. Rodriguez
24*
Swo o efore me this day of Feb ary, 2022
NOTARY PUBLfC
EDITH H. MARTUSCELLO
NOTARY PUBLIC-STATE OF NEW YORK
No. 01MA7746570
Qualified In SuffolkCount
My Commissicsi Expires July31, Û
7 of 7
Preview
FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index Nos.: 611214/l5 --------------- -------- ¬----------------------X 609082/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16 M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16 GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16 OF AMY GRABINA, AND MINDY GRABlNA, 001831/16 INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAl, Plaintiffs, RESPONSE TO DEMAND FOR DISCOVERY -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, Defendants. ------ -------------------------- ¬-------------------X The following isthe SCHULMAN PLAINTIFF'S RESPONSE pursuant to the demands therefor by thedefendant, COUNTY OF SUFFOLK, upon information and belief: 1. Fully executed transcript for the 50-h hearing conducted on March 25, 2016, was forward to your office on May 5, 2016. The only exhibit marked was a copy of the notice of claim on behalf of Susan Schulman, as Administratrix of the Estate of Brittney M. Schulman, deceased. 2. Objection to Suffolk County's demand number 2 for copies of any and all Department of Motor Vehicle hearing transcripts along with corresponding exhibits. These hearing transcripts are a matter of public record and can be obtained directly from the Department of Motor Vehicles. 3. Plaintiff, Schulman, is not in possession of the names of any and allpersons who testified 1 of 7 FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 in the criminal investigative grand jury proceeding and are unknown to the plaintiff. persons' 4. Plaintiff Schulman is aware of the transcripts who testified in a civil (special) grand jury proceeding. This information ispresently in the possession of the County of Suffolk and was disclosed by allplaintiffs and the Suffolk County District Attorney's office. 5. Plaintiff Schulman is not in possession of the information requested in paragraph 5 of Suffolk County's demand. 6. Objection. All media reporting concerning July 18, 2015 fatalaccident and other news articles are public information which can be obtained directly from the media reporting this information. 7. Brittney M. Schulman deceased allegedly expired at the scene of the fatal accident and no medical reports other than the Suffolk County Medical Examiner's autopsy was reported. This information was provided to County. 8. All authorizations to obtain Brittney M Schulman's medical records, autopsy, and school records were previously provided. 9. Plaintiff Schulman is not in possession of any documents demanded by the County pertaining to the criminal proceedings against Carlos Pino relating to the fatal accident which occurred on July 18, 2015. 10. Plaintiff Schulman is not in possession of any documents demanded by the County pertaining to the criminal proceedings against Steven D. Romeo relating to the fatal accident which occurred on July 18, 2015. 1 1. Not applicable. 12. This office is not in possession of any written statements, emails, Facebook, Snapchat, Tic-toc or any other written communications from potential witnesses to the July 18, 2015 fatal 2 of 7 FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 accident. 13. This office is not in possession of any additional photographs taken of the crash scene with respect to the July 18, 2015 fatal accident. A complete listof all photographs taken by Suffolk County Police Department criminal investigation division can be obtained directly from the Suffolk County Police Department. 14. Defendant's demand for Brittney M. Schulman's no-fault file is not applicable since Brittney M. Schulman expired at the scene of the fatal accident on July 18, 2015. The plaintiffs responses to the demands made by the defendant Suffolk County are based upon the presently available level of material information in plaintiffs possession and plaintiff will provide any further information requested ifand when itmay become available by service of a supplemental discovery response. Brynes v. New York Hospital, 91 A.D.2d 907, 457 N.Y.S.2d 531; Nelson v. New York University Medical Center, 51 A.D.2d 353, 381 N.Y.S.2d 491; Patterson v. Jewish Hospital and Medical Center, 94 Misc.2d 680, 405 N.Y.S.2d 194. Dated: East Northport, New York February 24.2022 JOHN L. JULlANO, P.C. Attorney for Plaintiff Schulman 39 Doyle Court East Northport, New York 1 1731 (631) 499-9300 TO: All counsel via NYSCEF efiling 3 of 7 FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 611214/15 --------- ----------------- ¬--------X ALICIA M. ARUNDEL, SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, et. al. Plaintiffs, AFFIDAVIT OF SERVICE -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE, et. al. Defendants. __________________________________________ ¬___-----------------X State of New York) ss.) County of Suffolk) Myriam E. Rodriguez, being duly sworn, deposes and says as follows: I am not a party to the within action, I am at least (18) years of age and reside in Lake Grove, New York, That on February 24, 2022 I served the within Response to Demand for Discovery upon: The Bongiorno Law Firm Attorney for Plaintiff: Arundel 250 Mineola Boulevard Mineola, New York 11501 (516) 741-4170 File No.: 6230.PP brandoncruzesq@gmail.com bcruz@thebongiornolawfirm.com 4 of 7 FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 Ian Chaikin, PLLC Attorneys for Plaintiff: Lipets ichaikin@ichaikinpile.com Frank J. Laine, P.C. Attorneys for Plaintiff: Estate of Grabina 449 South Oyster Bay Road Plainview, New York 11803 (516) 937-1010 info@fjllaw.com filpc4@optonline.net Sullivan, Papain, Block, McGrath & Cannavo, P.C. Attorneys for Plaintiff: Estate of Baruch 1140 Franklin Avenue, Suite 200 Garden City, New York 11539 (516) 742-0707 rsullivan@triallawl.com GSuarez@triallawl.com jweiss@triallawl.com Pegalis & Erickson, LLC Attorneys for Plaintiff: DiMonte One Hollow Lane, Suite 107 Lake Success, New York 11042 (516) 684-2939 aneilsen@penalisanderickson.com abs@pegalisanderickson.com Block O'Toole & Murphy Attorneys for Plaintiff: Estate of Belli 1 Pennsylvania Plaza, Suite 5315 New York, New York 10119 (212) 736-5300 File No.: 4044 dseiden@blockotoole.com Law Offices of Joseph C. Tock Attomeys for Plaintiff: Crai 963 Route 6 Mahopac, New York 10541 (845) 628-8080 joetock@tocklaw.com 2 5 of 7 FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 pc@tocklaw.com _____..____________ ___________ ___________ ______________ Bongiorno, Montiglio & Palmieri Attorneys for Defendant: Ultimate Class Limo & Carlos Pino 200 Old Country Road, Suite 680, Mineola, NY 11501 (516)-620-4490 neil.palmieri@bmonylaw.com tracey.herbst@bmonylaw.com Cascone & Kluepfel, LLP Attorneys for Defendant: Romeo Dimon Marine Service 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No.: 03787DVM dkluepfel@cklaw.com llucchese@cklaw.com DTavella@cklaw.com Lewis Jobs Avallone & Aviles Attorneys for Defendant Steven Romeo 1377 Motor Parkway Suite 400 Islandia, New York 11749 (631) 755-0101 File No.: 0114.1460.001C Roseanne - Calendar rkdevlin@lewisjohs.com Thomas M. Volz, PLLC Attorney for Town of Southold 280 Smithtown Blvd. Nesconset, New York 11787 631-366-3065 David Arnsten Jshteierman@tvolzlaw.com darnsten@tvolzlaw.com Vincent D. McNamara Attorney for Defendant County of Suffolk 1045 Oyster Bay Road East Norwich, New York 11732 3 6 of 7 FILED: SUFFOLK COUNTY CLERK 02/24/2022 10:28 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 852 RECEIVED NYSCEF: 02/24/2022 (516) 922-9100 vdm-law.com Law Offices of Andrea G. Sawyers Attorneys for Defendant Cabot Coach Builders 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 (631) 501-3100 Rebecca - Calendar: 501-3100 (631) ssteiger@travelers.com by electronically filing via New York State Court Electronic Filing Sys . Myri E. Rodriguez 24* Swo o efore me this day of Feb ary, 2022 NOTARY PUBLfC EDITH H. MARTUSCELLO NOTARY PUBLIC-STATE OF NEW YORK No. 01MA7746570 Qualified In SuffolkCount My Commissicsi Expires July31, Û 7 of 7