On October 21, 2015 a
Motion,Ex Parte
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 05/31/2022 11:50 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 873 RECEIVED NYSCEF: 05/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------------X
SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE Index No.: 611214/2015
ESTATE OF BRITTANY M. SCHULMAN, DECEASED;
ALICIA M. ARUNDEL; 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, DECEASED, AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI;
AND ARTHUR A. BELLI, JR., AS PARENT AND NATURAL
GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS
THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE
BELLI,
Plaintiffs,
NOTICE OF MOTION
-against- TO VACATE NOTE OF
ISSUE BY DEFENDANT
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, COUNTY OF SUFFOLK
ROMEO DIMON MARINE SERVICE, 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 remanufacturers, distributors and/or sellers of the 2007
Lincoln Town Car stretch limousine involved in the collision,
Defendants.
--------------------------------------------------------------------------------X
S I R S :
PLEASE TAKE NOTICE, that upon the annexed affirmation of CHARLES D. TEIXEIRA,
dated the 31st day of May, 2022, the exhibits annexed herewith, and upon all the pleadings and
proceedings had heretofore herein, the undersigned will move this Court before the Honorable John
Rouse, IAS Part 12, at the Supreme Court of the State of New York, County of Suffolk, at the
Courthouse, located at 1 Court Street, Riverhead, New York 11901, on the 22nd day of June, 2022,
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FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 873 RECEIVED NYSCEF: 05/31/2022
at 9:30 a.m. in the forenoon of that day or as soon as counsel can be heard for an Order: 1) pursuant
to 22 NYCRR §202.21(e), vacating the Note of Issue in this case as discovery is not
complete, the case is not ready for trial, and a material fact in the certificate of readiness is
incorrect; 2) or in the alternative, should the Court decline to vacate the Note of Issue,
allowing discovery to continue with the Note of Issue intact, but extending the time for all
Defendants to file a motion for summary judgment for at least sixty (60) days; and 3) for any
such further relief as this Court deems just, proper and equitable ; and
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affirmations, if any, are to be served at least seven (7) days prior to the return date of this motion.
Dated: East Norwich, New York
May 31, 2022 LAW OFFICE OF VINCENT D. McNAMARA
By: CHARLES D. TEIXEIRA, ESQ.
Attorneys for Defendant(s)
COUNTY OF SUFFOLK
Tower Square
1045 Oyster Bay Road, Suite 1
East Norwich, NY 11732
T: (516) 922-9100
F: (516) 922-9208
File No.: 907-4677
By NYSCEF
To: PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff(s)
JOELLE DIMONTE
1 Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2900
All Other Counsel by NYSCEF
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Preview
FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 873 RECEIVED NYSCEF: 05/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------------X SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE Index No.: 611214/2015 ESTATE OF BRITTANY M. SCHULMAN, DECEASED; ALICIA M. ARUNDEL; 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, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI; AND ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, Plaintiffs, NOTICE OF MOTION -against- TO VACATE NOTE OF ISSUE BY DEFENDANT ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, COUNTY OF SUFFOLK ROMEO DIMON MARINE SERVICE, 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 remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. --------------------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that upon the annexed affirmation of CHARLES D. TEIXEIRA, dated the 31st day of May, 2022, the exhibits annexed herewith, and upon all the pleadings and proceedings had heretofore herein, the undersigned will move this Court before the Honorable John Rouse, IAS Part 12, at the Supreme Court of the State of New York, County of Suffolk, at the Courthouse, located at 1 Court Street, Riverhead, New York 11901, on the 22nd day of June, 2022, 1 of 2 FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 873 RECEIVED NYSCEF: 05/31/2022 at 9:30 a.m. in the forenoon of that day or as soon as counsel can be heard for an Order: 1) pursuant to 22 NYCRR §202.21(e), vacating the Note of Issue in this case as discovery is not complete, the case is not ready for trial, and a material fact in the certificate of readiness is incorrect; 2) or in the alternative, should the Court decline to vacate the Note of Issue, allowing discovery to continue with the Note of Issue intact, but extending the time for all Defendants to file a motion for summary judgment for at least sixty (60) days; and 3) for any such further relief as this Court deems just, proper and equitable ; and PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affirmations, if any, are to be served at least seven (7) days prior to the return date of this motion. Dated: East Norwich, New York May 31, 2022 LAW OFFICE OF VINCENT D. McNAMARA By: CHARLES D. TEIXEIRA, ESQ. Attorneys for Defendant(s) COUNTY OF SUFFOLK Tower Square 1045 Oyster Bay Road, Suite 1 East Norwich, NY 11732 T: (516) 922-9100 F: (516) 922-9208 File No.: 907-4677 By NYSCEF To: PEGALIS LAW GROUP, LLC Attorneys for Plaintiff(s) JOELLE DIMONTE 1 Hollow Lane, Suite 107 Lake Success, New York 11042 (516) 684-2900 All Other Counsel by NYSCEF 2 of 2