Preview
FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------------------X Index Nos.: 611214/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 609082/15
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. 600055/16
SCHULMAN DECEASED; OLGA LIPETS; MINDY 603536/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF 003364/16
AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; 001831/16
STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE 607598/16
OF LAUREN BARUCH; STEVEN BARUCH INDIVIDUALLY; 614685/16
JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI,
JR., AS PARENT AND NATURAL GUARDIAN OF SUPPLEMENTAL
STEPHANIE BELLI, DECEASED AND AS ADMINISTRATOR SUMMONS
OF THE ESTATE OF STEPHANIE BELLI,
Date Purchased: 3/4/16
Plaintiffs,
-against- Plaintiff designates
Suffolk as the place of
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F. PINO, trial.
ROMEO DIMON MARINE SERVICES, INC., STEVEN D.
ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, The basis of Venue is
CABOT COACII DUILDERS, INC., d/b/a ROYALE Plaintiff's residence.
1-5"
LIMOUSINE and "XYZ COMPANIES name being fictitious
but intended to be the remanufactures, distributors and/sellers of Plaintiff resides at
the 2007 Lincoln Town Car stretch limousine involved in the 54 Lefferts Avenue
collision, Elwood, NY 11731
Defendants.
___________________.________________________________.._______________________Ç
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney within twenty (20) days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgement will be taken against uou by default for he reliefdemanded in the
complaint.
Dated: Lake Success, New York
May 19, 2017
PEGALIS ERICKSON, LLC.
Attorneys for Plaintiff
One Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2939
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FILED: SUFFOLK COUNTY CLERK 05/31/2022
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_ _..,
NYSCEF DOC. NO. 127
NYSCEF DOC. NO. 875 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/22/2017
05/31/2022
Defendants'
addresses:
ULTIMATE CLASS LIMOUSINE, INC. CARLOS PINO
12B Commercial Street 721 Old Bethpage Road
Hicksville, New York 11801 Old Bethpage, New York 11804
ROMEO DIMON MARINE SERVICE, INC. STEVEN ROMEO
700 Hummel Avenue 37442 Old North Road
Southold, New York 11971 Southold, New York 11971
-or-
700 IIummel Avenue
Southold, New York 11971
TOWN OF SOUTHOLD COUNTY OF SUFFOLK
53095 Main Road Route 25A 100 Veterans Memorial Highway
Southold, New York 11971 Hauppauge, New York 11788
CABOT COACH BUILDERS, INC.
d /a ROYALE LIMOUSINE
99 Newark Street
Havermill, MA 01832
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FILED: SUFFOLK COUNTY CLERK 05/31/2022
__, 11:50 AM
--,
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
SUPREMR COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------------------------------------------X Index Nos.: 611214/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 609082/15
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. 600055/16
SCHULMAN DECEASED; OLGA LIPETS; MINDY 603536/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF 003364/16
AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; 001831/16
STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE 607598/16
OF LAUREN BARUCH; STEVEN BARUCH INDIVIDUALLY; 614685/16
JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI,
JR., AS PARENT AND NATURAL GUARDIAN OF AMENDED VERIFIED
STEPHANIE BELLI, DECEASED AND AS ADMINISTRATOR COMPLAINT
OF THE ESTATE OF STEPHANIE BELLI,
Plaintiffs,
-against-
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
1-5"
LIMOUSINE and "XYZ COMPANIES 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
The plaintiff, Joelle DiMonte, by her attorneys, PEGALIS & ERICKSON, LLC as and for
her Verified Complaint, respectfully alleges upon information and belief:
THE PARTIES
1. That at alltimes hereinafter mentioned, Joelle DiMonte was and is a resident of
Suffolk County, New York residing at 54 Lefferts Avenue, Elwood, New York 11731.
2. Upon information and belief, at all time hereinafter mentioned, the defendant,
Ultimate Class Limousine, Inc., was and still is a corporation or other business entity duly
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FILED: SUFFOLK COUNTY CLERK 05/31/2022 , 11:50 _ _ _,
AM
NYSCEF DOC. NO. 128
NYSCEF DOC. NO. 875 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/22/2017
05/31/2022
authorized, existing and doing business under and by virtue of the laws of the State of New York.
3. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Carlos
Pino, was and stillis a resident of the County of Nassau, State of New York.
4. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Romeo Dimon Marine Service, Inc., was and still is a corporation or other business entity duly
authorized, existing and doing business under and by virtue of the laws of the State of New York.
5. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Steven
Romeo, was and stillis a resident of the County of Suffolk, State of New York.
6. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Town
of Southold, was and still is a municipal corporation or other municipal entity duly authorized,
existing and operating under and by virtue of the laws of the State of New York.
7. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
County of Suffolk, was and still is a municipal corporation or other municipal entity duly
authorized, existing and operating under and by virtue of the laws of the State of New York.
8. Upon information and belief, at all times hereinafter mentioned, the defendant, Cabot
Coach Builders, Inc., d/b/a Royale Limousine, was and still is a foreign corporation duly
organized and existing under and by virtue of the laws of the State of Massachusetts, duly
authorized to do business and engage in the transaction thereof in the State of New York.
9. Upon information and belief, at alltimes hereinafter mentioned, the defendants,
1-5"
"XYZ Companies name being factitious but intended to be the remanufacturers, distributors
and/or sellers of the 2007 Lincoln Town Car Stretch Limousine in which the plaintiff, Joelle
DiMonte, was a passenger on July 18, 2015, were and stillare corporations or other business
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FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
entities duly authorized and transacting business under and by virtue of the laws of the State of
New York.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS:
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE
SERVICE, INC., and STEVEN RQMEO
10. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth in
"1" "9"
paragraphs through of the verified complaint with the same force and effect as if fully set
forth at length herein.
11. Upon information and belief and at all times herein mentioned, the defendant,
Ultimate Class Limousine, Inc., was the owner of a 2007 Lincoln Limousine motor vehicle
bearing New York State plate registration number N102124C.
12. At alltimes herein mentioned, the defendant, Carlos Pino, was operating the
aforesaid Lincoln Limousine motor vehicle bearing New York State plate registration number
N102124C with the knowledge, permission and the consent of itsowner, the defendant, Ultimate
Class Limousine, Inc.
13. At alltimes hereinafter mentioned, Carlos Pino was an employee, agent, associate
and/or servant of Ultimate Class Limousine, Inc.
14. At alltimes hereinafter mentioned, Carlos Pino was operating the Lincoln
Limousine in the course of his employment with defendant Ultimate Class Limousine, Inc.
15. Upon information and belief and at all times hereinafter mentioned, the defendant,
Romeo Dimon Marine Service, Inc., was the owner of a 2005 Dodge motor vehicle bearing New
York State plate registration number EFC3050.
-3-
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NYSCEF DOC. NO. 128 RECEIVED
NYSCEF DOC. NO. 875 RECEIVED NYSCEF:
NYSCEF: 05/22/2017
05/31/2022
16. At all times herein mentioned, the defendant, Steven Romeo, was operating the
aforesaid 2005 Dodge motor vehicle bearing New York State plate registration number
EFC3050, with the knowledge, permission and consent of its owner, the defendant, Romeo
Dimon Marine Service, Inc.
17. At all times hereinafter mentioned, Steven Romeo, was an employee, agent, servant
and/or associate of Romeo Dimon Marine Services, Inc.
18. At all times hereinafter mentioned, Steven Romeo was operating the Dodge motor
vehicle in the course of his employment with defendant Romeo Dimon Marine Services, Inc.
19. That on July 18, 2015 defendant Steven Romeo ingested alcoholic beverages thus
rendering him intoxicated and impaired.
20. That on July 18, 2015 defendant Steven Romeo operated the Dodge vehicle while
intoxicated and impaired.
21. On July 18, 2015, Joelle DiMonte, was a lawful passenger in the aforesaid Lincoln
Limousine motor vehicle bearing New York State plate registration number N102124C which
was then and there being operated by the defendant, Carlos Pino.
22. On July 18, 2015, on a public highway known as Middle Road (County Road 48) at
its intersection with Depot Lane located in the Hamlet of Cutchogue, Town of Southold, County
of Suffolk, State of New York, the defendants, Ultimate Class Limousine, Inc., Carlos Pino,
Romeo Dimon Marine Service, Inc., and Steven Romeo, were negligent, careless and reckless in
the ownership, management, operation, and control of their motor vehicles and caused them to
collide with each other.
23. As a result of the negligence and carelessness of the defendants, Ultimate Class
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FILED: SUFFOLK COUNTY CLERK 05/31/2022
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NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, as
aforesaid, Joelle DiMonte, sustained and suffered serious and severe personal injuries, conscious
pain and suffering, loss of enjoyment of life and economic losses as defined in subsection (d) of
Section 5102 of the Insurance law of the State of New York and/or economic loss greater than
basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the
State of New York.
24. This action falls within the exception set forth in Civil Practice Law and Rules,
Section 1602(6) and (7).
25. As a result of the negligence of the defendants as aforesaid, Joelle DiMonte, suffered
conscious pain and suffering, personal injury, emotional damage and economic damages.
26. As a result of the negligence of the defendants as aforesaid, the plaintiff has been
damaged in the sum which exceeds the jurisdictional limits of allother courts which would
otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION SOLELY AGAINST THE DEFENDANT
ULTIMATE CLASS LIMOUSINE, INC.
27. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth in
"1" "26"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
28. The defendant, Ultimate Class Limousine, Inc., having ownership and control over
the aforesaid limousine motor vehicle bearing New York State plate registration number
N102124C being operated by the defendant, Carlos Pino, negligently entrusted itto defendant,
Carlos Pino, who the defendant, Ultimate Class Limousine, Inc., knew, or in the exercise of
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CLERK 05/31/2022
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INDEX NO. 611214/2015
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
ordinary care, should have known, was incompetent to operate it.
29. The defendant, Ultimate Class Limousine, Inc., failed to investigate the driving
record of the defendant, Carlos Pino, before allowing him to operate the limousine motor vehicle
which was owned and controlled by the defendant, Ultimate Class Limousine, Inc.
30. The defendant, Ultimate Class Limousine, Inc., allowed the aforesaid limousine
motor vehicle owned and controlled by itto be operated by an incompetent, negligent, and
dangerous driver who the defendant, Ultimate Class Limousine, Inc., knew or should have
known by the use of ordinary care was incompetent to properly and safely operate it.
31. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the
driving record of the defendant, Carlos Pino.
32. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the
ability of the defendant, Carlos Pino, to operate a limousine motor vehicle.
33. The defendant, Ultimate Class limousine, Inc., violated Section 388 of the New
York State Vehicle and Traffic Law.
34. Defendant, Ultimate Class Limousine, Inc., negligently entrusted the aforesaid
Lincoln limousine motor vehicle bearing New York State plate registration number N102124C to
the defendant, Carlos Pino.
35. By reason of the said negligent entrustment, Joelle DiMonte, was personally injured
and suffered serous injuries as defined in subsection (d) of Section 5102 of the Insurance law of
the State of New York and/or economic loss greater than basic economic loss as defined in
subsection (a) of Section 5102 of the Insurance Law of the State of New York.
36. As a result of the negligence of the defendant, Ultimate Class Limousine, Inc., as
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FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all
other courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION SOLELY AGAINST THE DEFENDANT
ROMEO DIMON MARINE SERVICE, INC.
37. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth in
"1" "36"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
38. The defendant, Romeo Dimon Marine Service, Inc., having ownership and control
over the 2005 Dodge motor vehicle bearing New York State plate registration EFC3050 and
being operated by the defendant, Steven Romeo, negligently entrusted itto the defendant, Steven
Romeo, who the defendant, Romeo Dimon Marine Service, Inc., knew, or in the exercise of
ordinary care should have known, was incompetent to operate it.
39. The defendant, Romeo Dimon Marine Service, Inc., failed to investigate the driving
record of the defendant, Steven Romeo, before allowing him to operate the motor vehicle which
was owned and controlled by it.
40. The defendant, Romeo Dimon Marine Service, Inc., allowed the motor vehicle
owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver
who the defendant, Romeo Dimon Marine Service, Inc., knew or should have known by the use
of ordinary care was incompetent to properly operate it.
41. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and review
the driving record of the defendant, Steven Romeo.
42. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and review
_7.
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NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
the ability of the defendant, Steven Romeo, to properly operate the motor vehicle owned by the
defendant Romeo Dimon Marine Service, Inc.
43. The defendant, Romeo Dimon Marine Service, Inc., violated Section 388 of the New
York State Vehicle and Traffic Law.
44. Defendant, Romeo Dimon Marine Service, Inc., negligently entrusted the aforesaid
2005 Dodge motor vehicle, bearing New York State plate registration number EFC3050 to the
defendant, Steven Romeo.
45. By reason of the said negligent entrustment, Joelle DiMonte, was personally injured
and suffered serious injuries as defined in subsection (d) of Section 5102 of the Insurance Law of
the State of New York and/or economic loss greater than basic economic loss as defined in
subsection (a) of Section 5102 of the Insurance Law of the State of New York.
46. As a result of the negligence of the defendant, Romeo Dimon Marine Service, Inc.,
as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of
all other courts which would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE DEFENDANT:
TOWN OF SOUTHOLD
47. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth in
"1" "46"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
48. At alltimes hereinafter mentioned, the defendant, Town of Southold, either owned,
leased, maintained and/or otherwise controlled a public highway known as Middle Road (County
Road 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County of
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NYSCEF DOC. NO. 128 RECEIVED
NYSCEF DOC. NO. 875 RECEIVED NYSCEF:
NYSCEF: 05/22/2017
05/31/2022
Suffolk, State of New York.
49. The serious personal injuries sustained by Joelle DiMonte, as aforesaid were
contributed to by the defendant, Town of Southold, when the limousine motor vehicle owned by
the defendant, Ultimate Class Limousine, Inc., and operated by the defendant, Carlos Pino, made
a U-turn on Middle Road (County Road 48) at itsintersection with depot Lane, Cutchogue. Town
of Southold, County of Suffolk, State of New York, and collided with the 2005 Dodge motor
vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and negligently operated by
the defendant, Steven Romeo, at a high rate of speed.
50. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was on notice that the said intersection of Middle Road (County
Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of new
York, was hazardous and dangerous to persons and vehicles driving on these roadways.
51. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was on notice that there had been a number of prior incidents and
collisions at the said intersection of Middle Road (County Road 48) with Depot Lane,
Cutchogue, Town of Southold, County of Suffolk, State of New York.
52. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was aware of the dangerous and hazardous condition of the
aforesaid roadways and failed to take any action to rectify the said intersections dangerous and
hazardous condition and to make the intersections safe for those members of the public who used
the roadways.
53. The aforesaid collision was contributed to by the defendant, Town of Southold's
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NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022
negligence in failing to properly design, construct, and/or maintain the aforesaid roadway, and in
failing to install the proper traffic control device(s), including but not limited to traffic lights,
proper traffic warning signage and devices.
54. As a result of the negligence and carelessness of the defendants as aforesaid and the
defendant, Town of Southold, contributing thereto, Joelle DiMonte, suffered serious and severe
personal injuries, conscious pain and suffering, emotional injuries, economic damage and
sustained serious personal injuries as defined in subsection (d) of Section 5102 of the Insurance
Law of the State of New York and/or economic loss greater than basic economic loss as defined
in subsection (a) of Section 5102 of the Insurance Law of the State of New York.
55. This action falls within the exception set forth in Civil Practice law and Rules,
Section 1602(6) and (7).
56. As a result of the negligence of the defendants as aforesaid, Joelle DiMonte, suffered
conscious pain and suffering and loss of enjoyment of life.
57. On or about August 19, 2015, within ninety (90) days after the claim alleged herein
arose, a written Notice of Claim was served upon defendant, Town of Southold, pursuant to
Section 50-e of the General Municipal Law.
58. That all prerequisites of filing suit have been complied with.
59. That more than thirty (30) days have elapsed since the date of the said service of the
said Notice of claim and the defendant, Town of Southold, has neglected and refused to make
payment of the aforesaid claim.
60. This action was served within one year and ninety (90) days from the date of the
occurrence.
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-_,
NYSCEF DOC. NO. 128 RECEIVED
NYSCEF DOC. NO. 875 RECEIVED NYSCEF:
NYSCEF: 05/22/2017
05/31/2022
61. As a result of the negligence of the defendants as aforesaid, the plaintiff has been
damaged in the sum which exceeds the jurisdictional limits of all other courts which would
otherwise have jurisdiction over this action.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST THE DEFENDANT:
COUNTY OF SUFFOLK
62. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth in
"1" "51"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
63. Upon information and belief, at all times hereinafter mentioned, the defendant,
County of Suffolk, either owned, leased, maintained and/or otherwise controlled a public
highway known as Middle Road (County Road 48) at its intersection with Depot Lane located in
Cutchogue, Town of Southold, County of Suffolk, State of New York.
64. The serious personal injuries and damages sustained by Joelle DiMonte, were
contributed to by the defendant, County of Suffolk, when as aforesaid, the limousine motor
vehicle owned by the defendant, Ultimate Class Limousine, Inc., and negligently operated by the
defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at its intersection with
Depot lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and collided
with the aforesaid 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon Marine
Service, Inc., and negligently operated at a high rate of speed by the defendant, Steven Romeo.
65. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, County of Suffolk, was on notice that the said intersection of Middle Road (County
Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New
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FILED: SUFFOLK COUNTY CLERK 05/31/2022
__,__., 11:50 AM
NYSCEF DOC. NO. 128 RECEIVED 05/22/2017
NYSCEF DOC. NO. 875 RECEIVED NYSCEF:
NYSCEF: 05/31/2022
York, was hazardous and dangerous to persons and vehicles driving thereon and a number of
prior incidents and collisions had taken place at the said intersection.
66. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, County of Suffolk, was aware of the dangerous and hazardous condition of the
aforesaid roadways and failed to take any action to rectify the known dangerous and hazardous
conditions thereon and make the said roadway intersections safe for members of the public who
used the roadways.
67. The aforesaid collision was contributed to by the defendant, County of Suffolk's
negligence in failing to properly design, construct, and maintain the aforesaid roadway, and in
failing to install the proper traffic control device(s), including but not limited to traffic lights, and
proper traffic warning signage and devices.
68. As a result of the negligence and carelessness of all of the defendants as aforesaid
and the defendant, County of Suffolk, contributing thereto, Joelle DiMonte, suffered serious and
severe personal injuries, conscious pain and suffering as defined in subsection (d) of Section
5102 of the Insurance Law of the State of New York and/or economic loss greater than basic
economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of
New York. .
69. This action falls within the exception set forth in Civil Practice law and rules,
Section 1602(6) and (7).
70. As a result fo the negligence of all of the defendants as aforesaid, Joelle DiMonte,
suffered conscious pain and suffering, personal injuries and damages.
71. On or about August 19, 2015, within ninety (90) days after the claim alleged herein
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FILED: SUFFOLK COUNTY CLERK 05/31/2022
,
Preview
FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------------X Index Nos.: 611214/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 609082/15 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. 600055/16 SCHULMAN DECEASED; OLGA LIPETS; MINDY 603536/16 GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF 003364/16 AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; 001831/16 STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE 607598/16 OF LAUREN BARUCH; STEVEN BARUCH INDIVIDUALLY; 614685/16 JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF SUPPLEMENTAL STEPHANIE BELLI, DECEASED AND AS ADMINISTRATOR SUMMONS OF THE ESTATE OF STEPHANIE BELLI, Date Purchased: 3/4/16 Plaintiffs, -against- Plaintiff designates Suffolk as the place of ULTIMATE CLASS LIMOUSINE, INC., CARLOS F. PINO, trial. ROMEO DIMON MARINE SERVICES, INC., STEVEN D. ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, The basis of Venue is CABOT COACII DUILDERS, INC., d/b/a ROYALE Plaintiff's residence. 1-5" LIMOUSINE and "XYZ COMPANIES name being fictitious but intended to be the remanufactures, distributors and/sellers of Plaintiff resides at the 2007 Lincoln Town Car stretch limousine involved in the 54 Lefferts Avenue collision, Elwood, NY 11731 Defendants. ___________________.________________________________.._______________________Ç To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgement will be taken against uou by default for he reliefdemanded in the complaint. Dated: Lake Success, New York May 19, 2017 PEGALIS ERICKSON, LLC. Attorneys for Plaintiff One Hollow Lane, Suite 107 Lake Success, New York 11042 (516) 684-2939 ----- . ------.. - - --.- - ---.--- _ _ _. -- INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 --, --, 11:50 . -- AM _ _.., NYSCEF DOC. NO. 127 NYSCEF DOC. NO. 875 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/22/2017 05/31/2022 Defendants' addresses: ULTIMATE CLASS LIMOUSINE, INC. CARLOS PINO 12B Commercial Street 721 Old Bethpage Road Hicksville, New York 11801 Old Bethpage, New York 11804 ROMEO DIMON MARINE SERVICE, INC. STEVEN ROMEO 700 Hummel Avenue 37442 Old North Road Southold, New York 11971 Southold, New York 11971 -or- 700 IIummel Avenue Southold, New York 11971 TOWN OF SOUTHOLD COUNTY OF SUFFOLK 53095 Main Road Route 25A 100 Veterans Memorial Highway Southold, New York 11971 Hauppauge, New York 11788 CABOT COACH BUILDERS, INC. d /a ROYALE LIMOUSINE 99 Newark Street Havermill, MA 01832 ------. - ..--- ----. ----.-- -----. _ _ _ . - - ... INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 __, 11:50 AM --, NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 SUPREMR COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------------X Index Nos.: 611214/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 609082/15 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. 600055/16 SCHULMAN DECEASED; OLGA LIPETS; MINDY 603536/16 GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF 003364/16 AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; 001831/16 STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE 607598/16 OF LAUREN BARUCH; STEVEN BARUCH INDIVIDUALLY; 614685/16 JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF AMENDED VERIFIED STEPHANIE BELLI, DECEASED AND AS ADMINISTRATOR COMPLAINT OF THE ESTATE OF STEPHANIE BELLI, Plaintiffs, -against- 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 1-5" LIMOUSINE and "XYZ COMPANIES 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 The plaintiff, Joelle DiMonte, by her attorneys, PEGALIS & ERICKSON, LLC as and for her Verified Complaint, respectfully alleges upon information and belief: THE PARTIES 1. That at alltimes hereinafter mentioned, Joelle DiMonte was and is a resident of Suffolk County, New York residing at 54 Lefferts Avenue, Elwood, New York 11731. 2. Upon information and belief, at all time hereinafter mentioned, the defendant, Ultimate Class Limousine, Inc., was and still is a corporation or other business entity duly ----_. _______. __--.__ _____. __,_ _ _ _ _ . . . . _ _ INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 , 11:50 _ _ _, AM NYSCEF DOC. NO. 128 NYSCEF DOC. NO. 875 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/22/2017 05/31/2022 authorized, existing and doing business under and by virtue of the laws of the State of New York. 3. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Carlos Pino, was and stillis a resident of the County of Nassau, State of New York. 4. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Romeo Dimon Marine Service, Inc., was and still is a corporation or other business entity duly authorized, existing and doing business under and by virtue of the laws of the State of New York. 5. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Steven Romeo, was and stillis a resident of the County of Suffolk, State of New York. 6. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Town of Southold, was and still is a municipal corporation or other municipal entity duly authorized, existing and operating under and by virtue of the laws of the State of New York. 7. Upon information and belief, at alltimes hereinafter mentioned, the defendant, County of Suffolk, was and still is a municipal corporation or other municipal entity duly authorized, existing and operating under and by virtue of the laws of the State of New York. 8. Upon information and belief, at all times hereinafter mentioned, the defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine, was and still is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Massachusetts, duly authorized to do business and engage in the transaction thereof in the State of New York. 9. Upon information and belief, at alltimes hereinafter mentioned, the defendants, 1-5" "XYZ Companies name being factitious but intended to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car Stretch Limousine in which the plaintiff, Joelle DiMonte, was a passenger on July 18, 2015, were and stillare corporations or other business -2- FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 entities duly authorized and transacting business under and by virtue of the laws of the State of New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS: ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., and STEVEN RQMEO 10. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth in "1" "9" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 11. Upon information and belief and at all times herein mentioned, the defendant, Ultimate Class Limousine, Inc., was the owner of a 2007 Lincoln Limousine motor vehicle bearing New York State plate registration number N102124C. 12. At alltimes herein mentioned, the defendant, Carlos Pino, was operating the aforesaid Lincoln Limousine motor vehicle bearing New York State plate registration number N102124C with the knowledge, permission and the consent of itsowner, the defendant, Ultimate Class Limousine, Inc. 13. At alltimes hereinafter mentioned, Carlos Pino was an employee, agent, associate and/or servant of Ultimate Class Limousine, Inc. 14. At alltimes hereinafter mentioned, Carlos Pino was operating the Lincoln Limousine in the course of his employment with defendant Ultimate Class Limousine, Inc. 15. Upon information and belief and at all times hereinafter mentioned, the defendant, Romeo Dimon Marine Service, Inc., was the owner of a 2005 Dodge motor vehicle bearing New York State plate registration number EFC3050. -3- FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 128 RECEIVED NYSCEF DOC. NO. 875 RECEIVED NYSCEF: NYSCEF: 05/22/2017 05/31/2022 16. At all times herein mentioned, the defendant, Steven Romeo, was operating the aforesaid 2005 Dodge motor vehicle bearing New York State plate registration number EFC3050, with the knowledge, permission and consent of its owner, the defendant, Romeo Dimon Marine Service, Inc. 17. At all times hereinafter mentioned, Steven Romeo, was an employee, agent, servant and/or associate of Romeo Dimon Marine Services, Inc. 18. At all times hereinafter mentioned, Steven Romeo was operating the Dodge motor vehicle in the course of his employment with defendant Romeo Dimon Marine Services, Inc. 19. That on July 18, 2015 defendant Steven Romeo ingested alcoholic beverages thus rendering him intoxicated and impaired. 20. That on July 18, 2015 defendant Steven Romeo operated the Dodge vehicle while intoxicated and impaired. 21. On July 18, 2015, Joelle DiMonte, was a lawful passenger in the aforesaid Lincoln Limousine motor vehicle bearing New York State plate registration number N102124C which was then and there being operated by the defendant, Carlos Pino. 22. On July 18, 2015, on a public highway known as Middle Road (County Road 48) at its intersection with Depot Lane located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York, the defendants, Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, were negligent, careless and reckless in the ownership, management, operation, and control of their motor vehicles and caused them to collide with each other. 23. As a result of the negligence and carelessness of the defendants, Ultimate Class -4- -----. -------- ----.-- ------ _- _ --. -- _ INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 , __, 11:50. - AM __., NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, as aforesaid, Joelle DiMonte, sustained and suffered serious and severe personal injuries, conscious pain and suffering, loss of enjoyment of life and economic losses as defined in subsection (d) of Section 5102 of the Insurance law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 24. This action falls within the exception set forth in Civil Practice Law and Rules, Section 1602(6) and (7). 25. As a result of the negligence of the defendants as aforesaid, Joelle DiMonte, suffered conscious pain and suffering, personal injury, emotional damage and economic damages. 26. As a result of the negligence of the defendants as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of allother courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION SOLELY AGAINST THE DEFENDANT ULTIMATE CLASS LIMOUSINE, INC. 27. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth in "1" "26" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 28. The defendant, Ultimate Class Limousine, Inc., having ownership and control over the aforesaid limousine motor vehicle bearing New York State plate registration number N102124C being operated by the defendant, Carlos Pino, negligently entrusted itto defendant, Carlos Pino, who the defendant, Ultimate Class Limousine, Inc., knew, or in the exercise of -5- -----. FILED: --...--.. SUFFOLK ---..-- COUNTY -----. CLERK 05/31/2022 --, --, ---. --.-- 11:50 AM ..., INDEX NO. 611214/2015 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 ordinary care, should have known, was incompetent to operate it. 29. The defendant, Ultimate Class Limousine, Inc., failed to investigate the driving record of the defendant, Carlos Pino, before allowing him to operate the limousine motor vehicle which was owned and controlled by the defendant, Ultimate Class Limousine, Inc. 30. The defendant, Ultimate Class Limousine, Inc., allowed the aforesaid limousine motor vehicle owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver who the defendant, Ultimate Class Limousine, Inc., knew or should have known by the use of ordinary care was incompetent to properly and safely operate it. 31. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the driving record of the defendant, Carlos Pino. 32. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the ability of the defendant, Carlos Pino, to operate a limousine motor vehicle. 33. The defendant, Ultimate Class limousine, Inc., violated Section 388 of the New York State Vehicle and Traffic Law. 34. Defendant, Ultimate Class Limousine, Inc., negligently entrusted the aforesaid Lincoln limousine motor vehicle bearing New York State plate registration number N102124C to the defendant, Carlos Pino. 35. By reason of the said negligent entrustment, Joelle DiMonte, was personally injured and suffered serous injuries as defined in subsection (d) of Section 5102 of the Insurance law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 36. As a result of the negligence of the defendant, Ultimate Class Limousine, Inc., as -6- FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION SOLELY AGAINST THE DEFENDANT ROMEO DIMON MARINE SERVICE, INC. 37. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth in "1" "36" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 38. The defendant, Romeo Dimon Marine Service, Inc., having ownership and control over the 2005 Dodge motor vehicle bearing New York State plate registration EFC3050 and being operated by the defendant, Steven Romeo, negligently entrusted itto the defendant, Steven Romeo, who the defendant, Romeo Dimon Marine Service, Inc., knew, or in the exercise of ordinary care should have known, was incompetent to operate it. 39. The defendant, Romeo Dimon Marine Service, Inc., failed to investigate the driving record of the defendant, Steven Romeo, before allowing him to operate the motor vehicle which was owned and controlled by it. 40. The defendant, Romeo Dimon Marine Service, Inc., allowed the motor vehicle owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver who the defendant, Romeo Dimon Marine Service, Inc., knew or should have known by the use of ordinary care was incompetent to properly operate it. 41. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and review the driving record of the defendant, Steven Romeo. 42. The defendant, Romeo Dimon Marine Service, Inc., failed to supervise and review _7. _ ____ . - -- - _ __ _ - - __.- - _ ___ _ - - . _ - . .._ INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 _..., 11:50 AM NYSCEF DOC. NO. 128 RECEIVED NYSCEF; 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 the ability of the defendant, Steven Romeo, to properly operate the motor vehicle owned by the defendant Romeo Dimon Marine Service, Inc. 43. The defendant, Romeo Dimon Marine Service, Inc., violated Section 388 of the New York State Vehicle and Traffic Law. 44. Defendant, Romeo Dimon Marine Service, Inc., negligently entrusted the aforesaid 2005 Dodge motor vehicle, bearing New York State plate registration number EFC3050 to the defendant, Steven Romeo. 45. By reason of the said negligent entrustment, Joelle DiMonte, was personally injured and suffered serious injuries as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 46. As a result of the negligence of the defendant, Romeo Dimon Marine Service, Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE DEFENDANT: TOWN OF SOUTHOLD 47. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth in "1" "46" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 48. At alltimes hereinafter mentioned, the defendant, Town of Southold, either owned, leased, maintained and/or otherwise controlled a public highway known as Middle Road (County Road 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County of -8- FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 128 RECEIVED NYSCEF DOC. NO. 875 RECEIVED NYSCEF: NYSCEF: 05/22/2017 05/31/2022 Suffolk, State of New York. 49. The serious personal injuries sustained by Joelle DiMonte, as aforesaid were contributed to by the defendant, Town of Southold, when the limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and operated by the defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at itsintersection with depot Lane, Cutchogue. Town of Southold, County of Suffolk, State of New York, and collided with the 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and negligently operated by the defendant, Steven Romeo, at a high rate of speed. 50. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was on notice that the said intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of new York, was hazardous and dangerous to persons and vehicles driving on these roadways. 51. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was on notice that there had been a number of prior incidents and collisions at the said intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. 52. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was aware of the dangerous and hazardous condition of the aforesaid roadways and failed to take any action to rectify the said intersections dangerous and hazardous condition and to make the intersections safe for those members of the public who used the roadways. 53. The aforesaid collision was contributed to by the defendant, Town of Southold's -9- _ _---. -------. __--.__ --___. --,--,--- .- .-- . INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 11:50 AM .., NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: 05/31/2022 negligence in failing to properly design, construct, and/or maintain the aforesaid roadway, and in failing to install the proper traffic control device(s), including but not limited to traffic lights, proper traffic warning signage and devices. 54. As a result of the negligence and carelessness of the defendants as aforesaid and the defendant, Town of Southold, contributing thereto, Joelle DiMonte, suffered serious and severe personal injuries, conscious pain and suffering, emotional injuries, economic damage and sustained serious personal injuries as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 55. This action falls within the exception set forth in Civil Practice law and Rules, Section 1602(6) and (7). 56. As a result of the negligence of the defendants as aforesaid, Joelle DiMonte, suffered conscious pain and suffering and loss of enjoyment of life. 57. On or about August 19, 2015, within ninety (90) days after the claim alleged herein arose, a written Notice of Claim was served upon defendant, Town of Southold, pursuant to Section 50-e of the General Municipal Law. 58. That all prerequisites of filing suit have been complied with. 59. That more than thirty (30) days have elapsed since the date of the said service of the said Notice of claim and the defendant, Town of Southold, has neglected and refused to make payment of the aforesaid claim. 60. This action was served within one year and ninety (90) days from the date of the occurrence. -10- 1 fl f 1'T -----. - -- - ---- -- --.- - -----. _-_. - - . _ INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 --, __, 11:50 - AM -_, NYSCEF DOC. NO. 128 RECEIVED NYSCEF DOC. NO. 875 RECEIVED NYSCEF: NYSCEF: 05/22/2017 05/31/2022 61. As a result of the negligence of the defendants as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction over this action. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST THE DEFENDANT: COUNTY OF SUFFOLK 62. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth in "1" "51" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 63. Upon information and belief, at all times hereinafter mentioned, the defendant, County of Suffolk, either owned, leased, maintained and/or otherwise controlled a public highway known as Middle Road (County Road 48) at its intersection with Depot Lane located in Cutchogue, Town of Southold, County of Suffolk, State of New York. 64. The serious personal injuries and damages sustained by Joelle DiMonte, were contributed to by the defendant, County of Suffolk, when as aforesaid, the limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and negligently operated by the defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at its intersection with Depot lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and collided with the aforesaid 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and negligently operated at a high rate of speed by the defendant, Steven Romeo. 65. Upon information and belief, and at times prior to the aforesaid collision, the defendant, County of Suffolk, was on notice that the said intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New -1I- _____. -__-_ __. ____.__ ____... _ _ _ . _ _ __ _ INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 __,__., 11:50 AM NYSCEF DOC. NO. 128 RECEIVED 05/22/2017 NYSCEF DOC. NO. 875 RECEIVED NYSCEF: NYSCEF: 05/31/2022 York, was hazardous and dangerous to persons and vehicles driving thereon and a number of prior incidents and collisions had taken place at the said intersection. 66. Upon information and belief, and at times prior to the aforesaid collision, the defendant, County of Suffolk, was aware of the dangerous and hazardous condition of the aforesaid roadways and failed to take any action to rectify the known dangerous and hazardous conditions thereon and make the said roadway intersections safe for members of the public who used the roadways. 67. The aforesaid collision was contributed to by the defendant, County of Suffolk's negligence in failing to properly design, construct, and maintain the aforesaid roadway, and in failing to install the proper traffic control device(s), including but not limited to traffic lights, and proper traffic warning signage and devices. 68. As a result of the negligence and carelessness of all of the defendants as aforesaid and the defendant, County of Suffolk, contributing thereto, Joelle DiMonte, suffered serious and severe personal injuries, conscious pain and suffering as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. . 69. This action falls within the exception set forth in Civil Practice law and rules, Section 1602(6) and (7). 70. As a result fo the negligence of all of the defendants as aforesaid, Joelle DiMonte, suffered conscious pain and suffering, personal injuries and damages. 71. On or about August 19, 2015, within ninety (90) days after the claim alleged herein -12- -----. -------. -- -_.- - ---___ __ __,__-. __.__ INDEX NO. 611214/2015 FILED: SUFFOLK COUNTY CLERK 05/31/2022 ,