Preview
FILED: SUFFOLK COUNTY CLERK 07/14/2022 12:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 07/14/2022
FILED: SUFFOLK COUNTY CLERK 11/14/2019
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PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 584
910 RECEIVED
INDEX NYSCEF:
NO. 11/14/2019
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611214/2015
COUNTY CLERK 12 /02 /2015 03 : 57 PM1
[FILED: SUFFpLK
RECEIVED NYSCEF: 12/02/2015
NYSCEF DOC. NO. )
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------..--------------------- --X
SUZANNE SCHULMAN, AS ADMINITRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,
Plaintiff, Index No: 611214/15
- against - ANSWER
VERIFIED
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICES, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
----- ¬--------------------------X
Defendant, ROMEO DIMON MARINE SERVICES, INC., by and through its
attorneys, CASCONE & KLUEPFEL, LLP, as and for an answer to the Plaintiff's Verified
Cornplaint. upon information and belief, states as follows:
Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"8"
numbered "1", "2", "3", "4", "5", "7", and "9".
AS AND FOR AN ANSWER TO A FIRST CAUSE OF ACTION
2. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1" "9"
numbered through with the same force and effect as though set forth more fully herein
at length.
3. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"12"
numbered "11", and "15".
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4. Denies each and every allegation of the Verified Complaint as contained
"14"
in the paragraphs thereof numbered "13", and "18".
5. Denies each and every allegation of the Verified Complaint as contained
"19"
in the paragraphs thereof numbered "16", "17", and "20", as against the answering
defendant.
AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION
6. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1" "30"
numbered through with the same force and effect as though set forth more fully herein
at length.
7. Denies each and every allegation of the Verified Cornplaint as contained
"39"
in the paragraphs thereof numbered "32", "33", "34", "35", "36", "37", "38", and "40".
AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION
8. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1" "40"
numbered through with the same force and effect as though set forth more fullyherein
at length.
9. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"42" "44" " " * «48" "5P' 52'
numbered , 45 , '46", "47", , and "53".
10. Denies each and every allegation of the Verified Coüiplaint as contained
"49"
in the paragraphs thereof numbered "43", and "50".
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I l. Denies each and every allegation of the Verified Comphint as contained
in the paragraph thereof numbered "54", as against the answering defendant.
AS AND FOR AN ANSWER TO A FIFTH CAUSE OF ACTION
12. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1" "54"
numbered through with the same force and effect as though set forth more fully herein
at length.
13. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"66"
numbered "56", "58", "59", "60", "64", "65", and "67".
14. Denies each and every allegation of the Verified Cornplaint as contained
"62"
in the paragraphs thereof numbered "57", and "63".
15. Denies each and every allegation of the Verified Complaint as contained
n the paragraph thereof numbered "61", as against the answering defendant.
AS AND FOR AN ANSWER TO A SIXTH CAUSE OF ACTION
16. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"l" "67"
ñümbered through with the same force and effect as though set forth more fullyherein
at length.
17. Denies each and every allegation of the Verified Complaint as contained
"71"
in the paragraphs thereof numbered "69", "70", and "WHEREFORE a-j".
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
18. Upon information and belief, decedent plaintiff failed to use or misused
available seatbelts, and thereby caused or contributed to her alleged injuries.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
19. The Verified Complaint should be dismissed for failure to state a cause of
action as against the answering defendant.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
20. A determination of the issues herein has already been rendered by a court
of competent jurisdiction and any further adjudication of these issues is barred by the doctrines
of res judicata and collateral estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFEN_SSE
21. The plaintiff's sole and exclusive remedy is confined and limited to the
benefits and provisions of Article 51 of the Insurance Law of the State of New York.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
22. In the evem plaintiff has received an arbitration award and/or settlement
and have executed a release or releases for the same or similar damages to those alleged in the
instant action, defendent is entitled to the claim reduction benefits of §15-108 of the General
Obligations Law.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
23. Plaintiff was under an obligation to mitigate her damages but failedto do
so.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
24. Upon information and belief, in the event that a judgment is rendered
against the answering defendant, itshall not be responsible for more than itsproportionate share
of liability pursuant to §1601, et seq. of the CPLR.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
25. That any verdict in the within action, for past, present and future medical
care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss
should be reduced by the amount that any such expense has or will with reasonable certainty be
replaced or indemnified in whole or in part of or from any collateral source, in accordance with
the provisions and limitations of §4545(c) of the CPLR.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
26. Plaintiff's action should be dismissed against defendant, ROMEO
DIMON MARINES SERVICES, INC., as it did not own a vehicle involved in the subject
accident, and Mr. Romeo was not within the course of his employment at the time of the
accident. Thus, ROMEO DIMON MARINE SERVICES, INC. cannot be held vicariously liable.
AS AND FOR CROSS-CLAIMS AGAINST DEFENDANTS,
STEVEN ROMEO, CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC, THE
TOWN OF SOUTHOLD and COUNTY OF SUFFOLK
27. If plaintiff was caused to sustain damages at the time and place set forth in
the complaint through any carelessness, recklessness, negligence and/or breach of contract other
than plaintiff's said damages arose in whole or in part from the acts or omissions of co-
own,
defendants, and ifany judgment is recovered berein by plaintiff against the answering defendant,
then this answering defendant will be dernsged thereby and will be entitled to apportionment or
FILED: SUFFOLK COUNTY CLERK 11/14/2019
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NYSCEF DOC. NO. 584
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indemnification, in whole or part, on the basis of proportionate responsibility or obligation to the
plaintiff.
WHEREFORE, the answering defendant dernañds judgment dismissing the
attomeys'
Verified Complaint, together with the costs and disbursements of this action, including
fees.
Dated: Garden City, New York
November 19, 2015
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
ROMEO DIMON MARINE
SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No.: 03750DVM
TO: JOHN L. JULIANO, P.C.
Attorneys for Plaintiff
39 Doyle Court
East Northport, New York 11731
(631) 499-9300
STEVEN D. ROh4EO
37442 Old North Road
Southold, New York 11971
CARLOS F. PINO
721 Old Bethpage Road
Old Bethpage, New York 11804
ULTIMATE CLASS LIMOUSINE, INC.
12B Commercial Street
Hicksville, New York 11810
TOWN OF SOUTHOLD
53095 Main Road
Southold, New York 11971
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VERIFICATION
DAVID F. KLUEPFEL, an attorney admitted to practice in the courts of the State of
New York, affinns: that I am a member of the firm CASCONE & KLUEPFEL, LLP, attorneys of
record for the defendant, ROMEO DIMON MARINE SERVICES, INC., in the within action, that I
have read the foregoing Answer and that its contents are true to my knowledge, except as to the
matters therein stated to be alleged on information and belief, and that as to those matters I believe it
to be true. I further attest that the reason this verification is made by our office and not by the
defendant is thatthe defendants do not reside within the County of Nassau where we maintain our
office.
I affirm that the foregoing statements are true under penalties of perjury,
Dated: Oarden City, New York
November 19, 2015
ffAVID ÉJJRL FEL, ESQ.
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Index No.: 611214/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFSUFFOLK
SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,
Plaintiff,
- against -
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHHOLD and COUNTY OF
SUFFOLK,
Defendants.
VERIFIED ANSWER
.....--
CASCONE & KLUEPFEL, LLP.
Attorneys for Deftiida;:t - ROMEO DIMON MARINE
SERVICE
Office and Post Office Address, Telephone
1399 Franklin Avenue
Suite 302
Garden City, New York 11530
(516) 747-1990
(516) 747-1992 Faesimile
To: A LL COUNSEL
Serviceof a copy of ti
e within
is herebyadmitted,
Dated,
Af terr.ey(s)
forDefend ant -ROMEO DIMON MARINE SERVICE, INC.
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FILED _SUF FOLK COUNTY CLERK INDEX NO. 611214 / 2 015
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____..------ ---------- --X
ALICIA M. ARUNDEL,
Plaintiff, Index No: 609082/15
- against - VERIFIED ANSWER
STEVEN D. ROMEO, ROMEO DIMON MARINE
SERVICES, INC., CARLOS F. PINO and ULTIMATE
CLASS LIMOUSINE, INC.,
Defendants.
____..------.·---- X
Defendant, ROMEO DIMON MARINE SERVICES, INC., by and through its
attorneys, CASCONE & KLUEPFEL, LLP, answering the Plaintiff's Verified Comp'aint, upon
information and belief, states as follows:
1. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"8"
numbered "1", "2", "6", "7", and "9".
AS AND FOR AN ANSWER TO FIRST CAUSE OF ACTION
2. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contãined in the paragraphs of the Verified Complaint thereof
"1" "9"
numbered through with the same force and effect as though set forth more fully herein at
length.
3. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"22"
numbered "11", "12", "13", "14", "15", "16", "17", "18", "19", "20", "21", and "23".
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AS AND FOR AN ANSWER TO A SECOND CAUSE OF ACTION
4. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations cnnt~ined in the paragraphs of the Verified Complaint thereof
"1"
numbered through "23 with the same force and effect as though set forth more fullyherein at
length.
5. Denies each and every allegation of the Verified Complaint as contained
"32"
in the paragraphs thereof numbered "25", "26", "27", "28", "29", "30", "31", and "33",
AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION
6 The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1"
numbered through "33 with the same force and effect as though set forth more fully herein at
length.
7. Denies each and every allegation of the Verified Complaint as contained
"41" "42"
in the paragraphs thereof numbered "35", "36", "37"., "38", "39", "40", and
AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION
8. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1"
numbered through "42 with the same force and effect as though set forth more fully herein at
length.
9. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as cont~!ned in the paragraphs thereof
cc43>1 c<4479 ci450% cc465l cc47lt cc4879 cc49H cc50%7 cc52A cc53t7 cc54'79 cc5'A
cc567% cc57j>
cc587>
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AS AND FOR AN ANSWER TO A FIFTH CAUSE OF ACTION
10. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations ecstained in the gasasiaphs of the Verified Complaint thereof
"1"
numbered through "58 with the same force and effect as though set forth more fully herein at
length.
11. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs. thereof
"67"
numbered "60", "61", "62", "63", "64", "65", "66", and "68".
AS AND FOR AN ANSWER TO A SIXTH CAUSE OF ACTION
12. The answering defendant repeats, reiterates and realleges each and every
Answer to the allegations contained in the paragraphs of the Verified Complaint thereof
"1"
nusibered through "68 with the same force and effect as though set forth more fully herein at
length.
13. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in the paragraphs thereof
"77"
numbered "70", "71", "72", "73", "74", "75", "76", and "WHEREFORE".
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
14. Upon information and belief, plaintiffs failed to use or misused available
seatbelts, and thereby caused or contributed to her alleged injuries.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
injury"
15. Plaintiff did not sustain a "serious as defmed in §5102(d) of the
Insurance Law of the State of New York or economic loss grcater than basic economic loss, as
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defined in §5102(a) of the Insurance Law of the State of New York. Plaintiff, therefore, has and
had
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
16. Plaintiff's cause of action is barred by Article 51, §5104 of the Insurance
Law of the State of New York.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
17. The plaintiff's sole and exclusive remedy is confined and limited to the
benefits and provisions of Article 51 of the Insurance Law of the State of New York.
AS AND FOR A FIFTH__AFFIRMATIVE DEFENSE
18. In the event plaintiff has received an arbitration award and/or settlement
and have executed a release or releases for the same or similar damages to those alleged in the
instant action, defendant is entitledto the claim reduction benefits of §15-108 of the General
Obligations Law.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
19. Plaintiff was under an obligation to mitigate her damages but failed to do
so.
AS AND FOR CROSS-CLAIMS AGAINST DEFENDANTS,
STEVEN ROMEO, CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC.
20. If plaintiff was caused to sustain damages at the time and place set forthin
the complaint through any carelessness, recklecenana. negligence and/or breach of contract other
than plaintiff's said damages arose in whole or in part from the acts or omissions of co-
own,
defendants, and if any judgment is recovered herein by plaintiff against the answering defendant,
then this answering defendant will be damaged thereby and will be entitled to apportionrnest or 1
FILED: SUFFOLK COUNTY CLERK 11/14/2019
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NYSCEF DOC. NO. 584
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CLERK INDEX NO. 611214/2015
IF I LED SUF FOLK COUNTY 0 6 / 17 / 2 0 19 0 8 : 5 9 AM)
NYSCEF DOC. N . 473 RECEIVED NYSCEF: 06/17,2019
indemnification, in whole or part, on thebasis of proportionate responsibility or obligation to the
plaintiff.
WHEREFORE, the answering defendant demands judgaiêñt dismissing the
attorneys'
Verified Complaint, together with the costs and disbursements of this action, including
fees.
Dated: Garden City, New York
September 21, 2015
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
ROMEO DIMON MARINE
SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No.: 03787DVM
TO: THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
250 Mineola boulevard
Mineola, New York 11501
(516) 741-4170
File No.: 6230.PP
STEVEN D. ROMEO
37442 Old North Road
Southold, New York 11971
CARLOS F. PINO
721 Old Bethpage Road
Old Bethpage, New York 11804
ULTIMATE CLASS LIMOUSINE, INC.
12B Commercial Street
Hicksville, New York 11810
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VERIFICATION
DAVID F. KLUEPFEL, an attorney admitted to practice in the courts of the State of
New York, affmns: that I am a reeñiher of the finn CASCONE & KLUEPFEL, LLP, attorneys of
record for the defendant ROMEO DIMON MARINE SERVICES, 1NC., in the within action, that I
have read the foregoing Answer and that its contents are true to my knowledge, except as to the
matters therein stated to be alleged on information and belief, and that as to those matters I believe it
to be true. I further attest that the reason this verification is made by our office and not by the
d
Preview
FILED: SUFFOLK COUNTY CLERK 07/14/2022 12:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 07/14/2022 FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED INDEX NYSCEF: NO. 11/14/2019 07/14/2022 611214/2015 COUNTY CLERK 12 /02 /2015 03 : 57 PM1 [FILED: SUFFpLK RECEIVED NYSCEF: 12/02/2015 NYSCEF DOC. NO. ) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------..--------------------- --X SUZANNE SCHULMAN, AS ADMINITRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, Plaintiff, Index No: 611214/15 - against - ANSWER VERIFIED ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICES, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, Defendants. ----- ¬--------------------------X Defendant, ROMEO DIMON MARINE SERVICES, INC., by and through its attorneys, CASCONE & KLUEPFEL, LLP, as and for an answer to the Plaintiff's Verified Cornplaint. upon information and belief, states as follows: Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "8" numbered "1", "2", "3", "4", "5", "7", and "9". AS AND FOR AN ANSWER TO A FIRST CAUSE OF ACTION 2. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" "9" numbered through with the same force and effect as though set forth more fully herein at length. 3. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "12" numbered "11", and "15". FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 4. Denies each and every allegation of the Verified Complaint as contained "14" in the paragraphs thereof numbered "13", and "18". 5. Denies each and every allegation of the Verified Complaint as contained "19" in the paragraphs thereof numbered "16", "17", and "20", as against the answering defendant. AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION 6. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" "30" numbered through with the same force and effect as though set forth more fully herein at length. 7. Denies each and every allegation of the Verified Cornplaint as contained "39" in the paragraphs thereof numbered "32", "33", "34", "35", "36", "37", "38", and "40". AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION 8. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" "40" numbered through with the same force and effect as though set forth more fullyherein at length. 9. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "42" "44" " " * «48" "5P' 52' numbered , 45 , '46", "47", , and "53". 10. Denies each and every allegation of the Verified Coüiplaint as contained "49" in the paragraphs thereof numbered "43", and "50". FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 I l. Denies each and every allegation of the Verified Comphint as contained in the paragraph thereof numbered "54", as against the answering defendant. AS AND FOR AN ANSWER TO A FIFTH CAUSE OF ACTION 12. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" "54" numbered through with the same force and effect as though set forth more fully herein at length. 13. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "66" numbered "56", "58", "59", "60", "64", "65", and "67". 14. Denies each and every allegation of the Verified Cornplaint as contained "62" in the paragraphs thereof numbered "57", and "63". 15. Denies each and every allegation of the Verified Complaint as contained n the paragraph thereof numbered "61", as against the answering defendant. AS AND FOR AN ANSWER TO A SIXTH CAUSE OF ACTION 16. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "l" "67" ñümbered through with the same force and effect as though set forth more fullyherein at length. 17. Denies each and every allegation of the Verified Complaint as contained "71" in the paragraphs thereof numbered "69", "70", and "WHEREFORE a-j". FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 18. Upon information and belief, decedent plaintiff failed to use or misused available seatbelts, and thereby caused or contributed to her alleged injuries. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 19. The Verified Complaint should be dismissed for failure to state a cause of action as against the answering defendant. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 20. A determination of the issues herein has already been rendered by a court of competent jurisdiction and any further adjudication of these issues is barred by the doctrines of res judicata and collateral estoppel. AS AND FOR A FOURTH AFFIRMATIVE DEFEN_SSE 21. The plaintiff's sole and exclusive remedy is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 22. In the evem plaintiff has received an arbitration award and/or settlement and have executed a release or releases for the same or similar damages to those alleged in the instant action, defendent is entitled to the claim reduction benefits of §15-108 of the General Obligations Law. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 23. Plaintiff was under an obligation to mitigate her damages but failedto do so. FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 24. Upon information and belief, in the event that a judgment is rendered against the answering defendant, itshall not be responsible for more than itsproportionate share of liability pursuant to §1601, et seq. of the CPLR. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 25. That any verdict in the within action, for past, present and future medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss should be reduced by the amount that any such expense has or will with reasonable certainty be replaced or indemnified in whole or in part of or from any collateral source, in accordance with the provisions and limitations of §4545(c) of the CPLR. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 26. Plaintiff's action should be dismissed against defendant, ROMEO DIMON MARINES SERVICES, INC., as it did not own a vehicle involved in the subject accident, and Mr. Romeo was not within the course of his employment at the time of the accident. Thus, ROMEO DIMON MARINE SERVICES, INC. cannot be held vicariously liable. AS AND FOR CROSS-CLAIMS AGAINST DEFENDANTS, STEVEN ROMEO, CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC, THE TOWN OF SOUTHOLD and COUNTY OF SUFFOLK 27. If plaintiff was caused to sustain damages at the time and place set forth in the complaint through any carelessness, recklessness, negligence and/or breach of contract other than plaintiff's said damages arose in whole or in part from the acts or omissions of co- own, defendants, and ifany judgment is recovered berein by plaintiff against the answering defendant, then this answering defendant will be dernsged thereby and will be entitled to apportionment or FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 indemnification, in whole or part, on the basis of proportionate responsibility or obligation to the plaintiff. WHEREFORE, the answering defendant dernañds judgment dismissing the attomeys' Verified Complaint, together with the costs and disbursements of this action, including fees. Dated: Garden City, New York November 19, 2015 CASCONE & KLUEPFEL, LLP Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No.: 03750DVM TO: JOHN L. JULIANO, P.C. Attorneys for Plaintiff 39 Doyle Court East Northport, New York 11731 (631) 499-9300 STEVEN D. ROh4EO 37442 Old North Road Southold, New York 11971 CARLOS F. PINO 721 Old Bethpage Road Old Bethpage, New York 11804 ULTIMATE CLASS LIMOUSINE, INC. 12B Commercial Street Hicksville, New York 11810 TOWN OF SOUTHOLD 53095 Main Road Southold, New York 11971 FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 VERIFICATION DAVID F. KLUEPFEL, an attorney admitted to practice in the courts of the State of New York, affinns: that I am a member of the firm CASCONE & KLUEPFEL, LLP, attorneys of record for the defendant, ROMEO DIMON MARINE SERVICES, INC., in the within action, that I have read the foregoing Answer and that its contents are true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe it to be true. I further attest that the reason this verification is made by our office and not by the defendant is thatthe defendants do not reside within the County of Nassau where we maintain our office. I affirm that the foregoing statements are true under penalties of perjury, Dated: Oarden City, New York November 19, 2015 ffAVID ÉJJRL FEL, ESQ. FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 Index No.: 611214/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFSUFFOLK SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, Plaintiff, - against - ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHHOLD and COUNTY OF SUFFOLK, Defendants. VERIFIED ANSWER .....-- CASCONE & KLUEPFEL, LLP. Attorneys for Deftiida;:t - ROMEO DIMON MARINE SERVICE Office and Post Office Address, Telephone 1399 Franklin Avenue Suite 302 Garden City, New York 11530 (516) 747-1990 (516) 747-1992 Faesimile To: A LL COUNSEL Serviceof a copy of ti e within is herebyadmitted, Dated, Af terr.ey(s) forDefend ant -ROMEO DIMON MARINE SERVICE, INC. FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 FILED _SUF FOLK COUNTY CLERK INDEX NO. 611214 / 2 015 : _0 6(_17 G0.19 _0_8 : 59 _AM| SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____..------ ---------- --X ALICIA M. ARUNDEL, Plaintiff, Index No: 609082/15 - against - VERIFIED ANSWER STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC., CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC., Defendants. ____..------.·---- X Defendant, ROMEO DIMON MARINE SERVICES, INC., by and through its attorneys, CASCONE & KLUEPFEL, LLP, answering the Plaintiff's Verified Comp'aint, upon information and belief, states as follows: 1. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "8" numbered "1", "2", "6", "7", and "9". AS AND FOR AN ANSWER TO FIRST CAUSE OF ACTION 2. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contãined in the paragraphs of the Verified Complaint thereof "1" "9" numbered through with the same force and effect as though set forth more fully herein at length. 3. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "22" numbered "11", "12", "13", "14", "15", "16", "17", "18", "19", "20", "21", and "23". FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 FILED: SUFFOLK COUNTY CLERK 06 17 2019 08:59 INDEX NO. 611214/2015 NYSCEF DOC. . 473 RECEIVED NYSCEF: 06/17 2019 AS AND FOR AN ANSWER TO A SECOND CAUSE OF ACTION 4. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations cnnt~ined in the paragraphs of the Verified Complaint thereof "1" numbered through "23 with the same force and effect as though set forth more fullyherein at length. 5. Denies each and every allegation of the Verified Complaint as contained "32" in the paragraphs thereof numbered "25", "26", "27", "28", "29", "30", "31", and "33", AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION 6 The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" numbered through "33 with the same force and effect as though set forth more fully herein at length. 7. Denies each and every allegation of the Verified Complaint as contained "41" "42" in the paragraphs thereof numbered "35", "36", "37"., "38", "39", "40", and AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION 8. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" numbered through "42 with the same force and effect as though set forth more fully herein at length. 9. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as cont~!ned in the paragraphs thereof cc43>1 c<4479 ci450% cc465l cc47lt cc4879 cc49H cc50%7 cc52A cc53t7 cc54'79 cc5'A cc567% cc57j> cc587> FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 INDEX NO. 611214/2015 [FILED ; SUFFOLK _CO_UNTY CLERK 0 6 /17 / 2 019 08 : 59__AMJ NYSCEF DOC. N . 473 RECEIVED NYSCEF: 06/17 2019 AS AND FOR AN ANSWER TO A FIFTH CAUSE OF ACTION 10. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations ecstained in the gasasiaphs of the Verified Complaint thereof "1" numbered through "58 with the same force and effect as though set forth more fully herein at length. 11. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs. thereof "67" numbered "60", "61", "62", "63", "64", "65", "66", and "68". AS AND FOR AN ANSWER TO A SIXTH CAUSE OF ACTION 12. The answering defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Verified Complaint thereof "1" nusibered through "68 with the same force and effect as though set forth more fully herein at length. 13. Denies knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in the paragraphs thereof "77" numbered "70", "71", "72", "73", "74", "75", "76", and "WHEREFORE". AS AND FOR A FIRST AFFIRMATIVE DEFENSE 14. Upon information and belief, plaintiffs failed to use or misused available seatbelts, and thereby caused or contributed to her alleged injuries. AS AND FOR A SECOND AFFIRMATIVE DEFENSE injury" 15. Plaintiff did not sustain a "serious as defmed in §5102(d) of the Insurance Law of the State of New York or economic loss grcater than basic economic loss, as FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 |FILED : SUFFOLK COUNTY CLERK /1722 INDEX NO. 611214 /2 015 0 6 019 08 : 59 AM| NYSCEF DOC. NC. 473 RECEIVED NYSCEF: 06/17 2019 defined in §5102(a) of the Insurance Law of the State of New York. Plaintiff, therefore, has and had AS AND FOR A THIRD AFFIRMATIVE DEFENSE 16. Plaintiff's cause of action is barred by Article 51, §5104 of the Insurance Law of the State of New York. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 17. The plaintiff's sole and exclusive remedy is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A FIFTH__AFFIRMATIVE DEFENSE 18. In the event plaintiff has received an arbitration award and/or settlement and have executed a release or releases for the same or similar damages to those alleged in the instant action, defendant is entitledto the claim reduction benefits of §15-108 of the General Obligations Law. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 19. Plaintiff was under an obligation to mitigate her damages but failed to do so. AS AND FOR CROSS-CLAIMS AGAINST DEFENDANTS, STEVEN ROMEO, CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC. 20. If plaintiff was caused to sustain damages at the time and place set forthin the complaint through any carelessness, recklecenana. negligence and/or breach of contract other than plaintiff's said damages arose in whole or in part from the acts or omissions of co- own, defendants, and if any judgment is recovered herein by plaintiff against the answering defendant, then this answering defendant will be damaged thereby and will be entitled to apportionrnest or 1 FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 CLERK INDEX NO. 611214/2015 IF I LED SUF FOLK COUNTY 0 6 / 17 / 2 0 19 0 8 : 5 9 AM) NYSCEF DOC. N . 473 RECEIVED NYSCEF: 06/17,2019 indemnification, in whole or part, on thebasis of proportionate responsibility or obligation to the plaintiff. WHEREFORE, the answering defendant demands judgaiêñt dismissing the attorneys' Verified Complaint, together with the costs and disbursements of this action, including fees. Dated: Garden City, New York September 21, 2015 CASCONE & KLUEPFEL, LLP Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No.: 03787DVM TO: THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff 250 Mineola boulevard Mineola, New York 11501 (516) 741-4170 File No.: 6230.PP STEVEN D. ROMEO 37442 Old North Road Southold, New York 11971 CARLOS F. PINO 721 Old Bethpage Road Old Bethpage, New York 11804 ULTIMATE CLASS LIMOUSINE, INC. 12B Commercial Street Hicksville, New York 11810 FILED: SUFFOLK COUNTY CLERK 11/14/2019 07/14/2022 10:16 12:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 584 910 RECEIVED NYSCEF: 11/14/2019 07/14/2022 [FILED SUFFOLK INDEX NO. 611214/2015 : COUNTY CLERK 0 6 /17 /2 019 0 8 : 59 AM) NYSCEF DOC. NC . 473 RECEIVED NYSCEF: 06/17 2019 VERIFICATION DAVID F. KLUEPFEL, an attorney admitted to practice in the courts of the State of New York, affmns: that I am a reeñiher of the finn CASCONE & KLUEPFEL, LLP, attorneys of record for the defendant ROMEO DIMON MARINE SERVICES, 1NC., in the within action, that I have read the foregoing Answer and that its contents are true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe it to be true. I further attest that the reason this verification is made by our office and not by the d