Preview
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------------------------------------------------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/2015
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY
GRABINA, AS ADMINSTRATRIX 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; AND MELISSA A. CRAI and ARTHUR A. BELLI,
JR., As parent and Natural Guardian of STEPHANIE
BELLI, deceased, and as the Administrator of THE DEMAND FOR
ESTATE OF STEPHANIE BELLI, EXECUTION OF
TRANSCRIPT
Plaintiffs,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and 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
PLEASE TAKE NOTICE that, pursuant to C.P.L.R. Rule 3116 governing the exchange,
execution and/or signing of deposition transcripts, enclosed herewith is the following:
1. A copy of the transcript of the examination before trial upon oral questions
conducted of Felicia Baruch.
PLEASE TAKE FURTHER NOTICE, that demand is hereby made that the transcript be
read by or to the deponent, and that the deponent sign said transcript where indicated, before an
officer authorized to administer an oath, and return same to the undersigned.
1
1 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116 (a) and the
controlling cases of Columbia v. Lee, 239 A.D. 849, 264 N.Y.S. 423 (2d Dept. 1933) and
Skeaney v. Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 (1st Dept. 1960), which
hold that witnesses may not in any way delete, erase or obliterate the answers as transcribed.
Before the witness signs and subscribes his or her testimony, he or she may add to the end of the
deposition on a sheet provided for said purpose, any changes in the form or substance of said
transcript along with a statement of the reasons for making such changes. After adding such a
statement, he or she may sign and subscribe his or her testimony in the transcript and on the
correction page.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116(a), if we do
not receive the duly executed original transcript with any corrections or changes within sixty (60)
days, we shall deem the copy to be an original for all purposes provide by the C.P.L.R, and may
use same as though signed. No changes to the transcript may be made by the witness more than
sixty (60) days after submission to the witness for review and examination.
Dated: August 12, 2022
Melville, New York
Yours, etc.
LAW OFFICE OF ERIC D. FELDMAN
By:________________________________
STEVEN A. STEIGERWALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC.,
d/b/a ROYAL LIMOUSINE
Please note our new mailing address:
PO Box 2903
Hartford, CT 06104-2903
(631) 501-3100
Matter No.: 2017024539SAS
TO:
2
2 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
Law Office of Vincent D. McNamara
Attorneys for Defendant
The County of Suffolk
Tower Square-1045 Oyster Bay Road
East Norwich, NY 11732
(516)922-9100
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant
Steven D. Romeo
1377 Motor Parkway
Suite 400
Islandia, NY 11749
(631) 755-0101
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff
Estate of Lauren Baruch
1140 Franklin Avenue
Suite 200
Garden City, NY 11530
(516) 742-0707
Pegalis & Erickson, LLC
Attorneys for Plaintiff
Joelle Dimonte
One Hollow Lane
Suite 10
Lake Success, NY 11042
(516) 684-2939
Joseph J. Tock, Esq.
Attorney for Plaintiff
Melissa A. Crai
963 Route 6
Mahopac, NY 10541
(845) 628-8080
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate of Brittany Schulman
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
3
3 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place
Suite 205
Garden City, NY 11530
(516) 741-4170
Paris & Chaikin, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza
Suite 2202
New York, NY 10122
Frank J. Laine, P.C.
Attorneys for Plaintiff
Estate of Amy Grabina
449 South Oyster Bay Road
Plainview, NY 11803
(516) 937-1010
Block O’Toole & Murphy LLP
Attorneys for Plaintiff
Estate of Stephanie Belli
One Penn Plaza, Suite 5315
New York, NY 10119
(212)736-5300
Cascone & Klupfel, LLP
Attorneys for Defendant
Romeo Dimon Marine Services, Inc.
497 Farmingdale, NY 11735
(516) 747-1990
Volz & Vigliotta, PLLC
Attorneys for Defendant
The Town of Southold
280 Smithtown Boulevard
Nesconset, NY 11767
(631)366-2700
Bongiorno, Montiglio & Palmieri, PLLC
Attorneys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
4
4 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
200 Old Country Road
Suite 680
Mineola, New York 11501
(516)620-0687
5
5 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
3 ------------------------------------------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as
4 Administratrix of the ESTATE OF BRITTANY
SCHULMAN, deceased; OLGA LIPETS; MINDY
5 GRABINA, as Administratrix of the Estate of
AMY GRABINA, and MINDY GRABINA,
6 Individually; STEVEN BARUCH, as
Administrator of the Estate of LAUREN
7 BARUCH, deceased and STEVEN BARUCH,
Individually; JOELLE DIMONTE; MELISSA A.
8 CRAI; and ARTHUR A. BELLI JR., as parent
and natural guardian of STEPHANIE BELLI,
9 deceased, and as the Administrator of THE
ESTATE OF STEPHANIE BELLI,
10 PLAINTIFFS,
11 -against- Index No.:
611214/2015
12
13 ULTIMATE CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICE, INC,
14 STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a
15 ROYALE LIMOUSINE and "XYZ COMPANIES 1-5"
name being fictitious but intended to be
16 the remanufacturers, distributors and/or
sellers of the 2007 Lincoln Town Car
17 stretch limousine involved in the
collision,
18 DEFENDANTS.
------------------------------------------X
19
20 DATE: March 27, 2018
21 TIME: 10:00 a.m.
22
23 (DEPOSITION of FELICIA BARUCH)
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
1
6 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
2
1
2 DATE: March 27, 2018
3 TIME: 10:00 a.m.
4
5
6 DEPOSITION of a non-party witness,
7 FELICIA BARUCH, taken by the Defendants,
8 pursuant to a Court Order, held at the
9 offices of Sullivan Papain Block McGrath &
10 Cannavo, P.C., 1140 Franklin Avenue, Garden
11 City, New York 11042, before Aileen Koven,
12 a Notary Public of the State of New York.
13
14
15
16
17
18
19
20
21
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
2
7 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
3
1
2 A P P E A R A N C E S:
3
4 SULLIVAN PAPAIN BLOCK
McGRATH & CANNAVO, P.C.
5 Attorneys for the Plaintiff
Estate of Lauren Baruch
6 1140 Franklin Avenue
Garden City, New York 11530
7 BY: ROBERT G. SULLIVAN, ESQ.
8
9 JOHN J. JULIANO
Attorneys for the Plaintiff
10 Estate of Brittany Schulman
39 Doyle Court
11 East Northport, New York 11731
(NOT PRESENT)
12
13
PARIS & CHAIKIN, PLLC
14 Attorneys for the Plaintiff
OLGA LIPETS
15 14 Penn Plaza
New York, New York 10122
16 (NOT PRESENT)
17
18 THE BONGIORNO LAW FIRM, PLLC
Attorneys for the Plaintiff
19 ALICIA M. ARUNDEL
1415 Kellum Place
20 Garden City, New York 11530
(NOT PRESENT)
21
22
(Appearances continued on next page.)
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
3
8 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
4
1
2 A P P E A R A N C E S:
3
4 PEGALIS & ERICKSON, LLP
Attorneys for the Plaintiff
5 JOELLE DIMONTE
One Hollow Lane
6 Lake Success, New York 11042
(NOT PRESENT)
7
8
JOSEPH J. TOCK, ESQ.
9 Attorneys for the Plaintiff
MELISSA A. CRAI
10 963 Route 6
Mahopac, New York 10541
11 (NOT PRESENT)
12
13 FRANK J. LAINE, ESQ.
Attorneys for the Plaintiff
14 AMY GRABINA
449 South Oyster Bay Road
15 Plainview, New York 11803
(NOT PRESENT)
16
17 LAW OFFICES OF ANDREA SAWYERS
Attorneys for the Defendants
18 CABOT COACH BUILDERS, INC.
P.O. Box 2903
19 Hartford, Connecticut 06104-2903
BY: STEVEN A. STEIGERWALD, ESQ.
20
21
22
(Appearances continued on next page.)
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
4
9 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
5
1
2 A P P E A R A N C E S:
3
4 AHMUTY DEMERS & McMANUS, ESQS.
Attorneys for the Defendants
5 CARLOS F. PINO and ULTIMATE
CLASS LIMOUSINE, INC.
6 200 I.U. Willets Road
Albertson, New York 11507
7 BY: MICHELE RACH, ESQ.
8
9 CASCONE & KLUPFEL, LLP
Attorneys for the Defendant
10 ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
11 Garden City, New York 11530
BY: DAVID TAVELLA, ESQ.
12 FILE#: 03787DVM
13
14 SUFFOLK COUNTY ATTORNEY
Attorneys for the Defendant
15 THE COUNTY OF SUFFOLK
100 Veterans Memorial Highway
16 Hauppauge, New York 11788
BY: DANIELLE CARTER, ESQ.
17
18
19
20
21 (Appearances continued on next page.)
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
5
10 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
6
1
2 A P P E A R A N C E S:
3
4 DEVITT SPELLMAN BARRETT, LLP
Attorneys for the Defendants
5 THE TOWN OF SOUTHOLD
50 Route 111
6 Smithtown, New York 11787
BY: DAVID ARNTSEN, ESQ.
7 FILE#: HC7554
8
9
LEWIS JOHS AVALLONE & AVILES, LLP
10 Attorneys for the Defendants
STEVEN D. ROMEO
11 One CA Plaza
Islandia, New York 11749
12 BY: REBECCA K. DEVLIN, ESQ.
FILE#: 0114.1460.2C
13
* * *
14
15
16
17
18
19
20
21
22
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
6
11 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
7
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or
5 (d) of Rule 3115 of the Civil Practice Law
and Rules, would be waived if not
6 interposed, and except in compliance with
subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall
be stated succinctly and framed so as not
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
7
12 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
8
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
8
13 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
9
1 F. BARUCH
2 F E L I C I A B A R U C H, called as a
3 witness, having been first duly sworn by a
4 Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. STEIGERWALD:
8 Q. Please state your name for the
9 record.
10 A. Felicia Baruch.
11 Q. What is your address?
12 A. 12 Burham Drive, Smithtown, New
13 York 11787.
14 Q. Good morning, Mrs. Baruch. My
15 name is Steven Steigerwald. I work for the
16 law office of Andrea Sawyers. I will ask
17 you some questions here today. If you
18 don't understand them, please let me know.
19 You have to answer everything verbally.
20 She has the most difficult job in the room
21 here today. It's difficult for you giving
22 testimony, she has to get my questions and
23 your answers down.
24 If you can answer everything
25 with a yes or no instead of an ah hum or a
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
9
14 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
10
1 F. BARUCH
2 shake of the head that will be great.
3 A. Okay.
4 Q. Also if you don't know the
5 answer to a question, tell me you don't
6 know. I don't want you to guess at
7 anything.
8 A. Okay.
9 Q. Your date of birth. Just the
10 year?
11 A. '62.
12 Q. Social Security number.
13 A. 0057.
14 Q. How long have you lived on
15 Burham Drive?
16 A. It's just now 18 years.
17 Q. Are you married?
18 A. Yes.
19 Q. Who are you married to?
20 A. Steven Baruch.
21 Q. How long have you been married
22 to Steven?
23 A. 29 years.
24 Q. Who do you live there with
25 currently?
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
10
15 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022
11
1 F. BARUCH
2 A. My husband Steven and my son
3 Michael.
4 Q. How old is Michael?
5 A. Michael is 25.
6 Q. What does Michael do?
7 A. Michael works for a company, a
8 start-up company in his area of studies
9 which was sports management.
10 Q. Your husband, is he employed
11 outside the home?
12 A. Yes.
13 Q. What does he do?
14 A. He is in sales.
15 Q. What type of sales?
16 A. Uniform.
17 Q. When you say uniform, are you
18 talking about clothing?
19 A. Uniforms for different
20 companies and promotional logo items and
21 apparel.
22 Q. Are you employed?
23 A. Yes.
24 Q. What do you do?
25 A. I work for my husband with his
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
11
16 of 100
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 939
Preview
FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/2015 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINSTRATRIX 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; AND MELISSA A. CRAI and ARTHUR A. BELLI, JR., As parent and Natural Guardian of STEPHANIE BELLI, deceased, and as the Administrator of THE DEMAND FOR ESTATE OF STEPHANIE BELLI, EXECUTION OF TRANSCRIPT Plaintiffs, -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and 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 PLEASE TAKE NOTICE that, pursuant to C.P.L.R. Rule 3116 governing the exchange, execution and/or signing of deposition transcripts, enclosed herewith is the following: 1. A copy of the transcript of the examination before trial upon oral questions conducted of Felicia Baruch. PLEASE TAKE FURTHER NOTICE, that demand is hereby made that the transcript be read by or to the deponent, and that the deponent sign said transcript where indicated, before an officer authorized to administer an oath, and return same to the undersigned. 1 1 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116 (a) and the controlling cases of Columbia v. Lee, 239 A.D. 849, 264 N.Y.S. 423 (2d Dept. 1933) and Skeaney v. Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 (1st Dept. 1960), which hold that witnesses may not in any way delete, erase or obliterate the answers as transcribed. Before the witness signs and subscribes his or her testimony, he or she may add to the end of the deposition on a sheet provided for said purpose, any changes in the form or substance of said transcript along with a statement of the reasons for making such changes. After adding such a statement, he or she may sign and subscribe his or her testimony in the transcript and on the correction page. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116(a), if we do not receive the duly executed original transcript with any corrections or changes within sixty (60) days, we shall deem the copy to be an original for all purposes provide by the C.P.L.R, and may use same as though signed. No changes to the transcript may be made by the witness more than sixty (60) days after submission to the witness for review and examination. Dated: August 12, 2022 Melville, New York Yours, etc. LAW OFFICE OF ERIC D. FELDMAN By:________________________________ STEVEN A. STEIGERWALD Attorneys for Defendant CABOT COACH BUILDERS, INC., d/b/a ROYAL LIMOUSINE Please note our new mailing address: PO Box 2903 Hartford, CT 06104-2903 (631) 501-3100 Matter No.: 2017024539SAS TO: 2 2 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 Law Office of Vincent D. McNamara Attorneys for Defendant The County of Suffolk Tower Square-1045 Oyster Bay Road East Norwich, NY 11732 (516)922-9100 Lewis Johs Avallone Aviles, LLP Attorneys for Defendant Steven D. Romeo 1377 Motor Parkway Suite 400 Islandia, NY 11749 (631) 755-0101 Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff Estate of Lauren Baruch 1140 Franklin Avenue Suite 200 Garden City, NY 11530 (516) 742-0707 Pegalis & Erickson, LLC Attorneys for Plaintiff Joelle Dimonte One Hollow Lane Suite 10 Lake Success, NY 11042 (516) 684-2939 Joseph J. Tock, Esq. Attorney for Plaintiff Melissa A. Crai 963 Route 6 Mahopac, NY 10541 (845) 628-8080 John J. Juliano, Esq. Attorneys for Plaintiff Estate of Brittany Schulman 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 3 3 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 The Bongiorno Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place Suite 205 Garden City, NY 11530 (516) 741-4170 Paris & Chaikin, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza Suite 2202 New York, NY 10122 Frank J. Laine, P.C. Attorneys for Plaintiff Estate of Amy Grabina 449 South Oyster Bay Road Plainview, NY 11803 (516) 937-1010 Block O’Toole & Murphy LLP Attorneys for Plaintiff Estate of Stephanie Belli One Penn Plaza, Suite 5315 New York, NY 10119 (212)736-5300 Cascone & Klupfel, LLP Attorneys for Defendant Romeo Dimon Marine Services, Inc. 497 Farmingdale, NY 11735 (516) 747-1990 Volz & Vigliotta, PLLC Attorneys for Defendant The Town of Southold 280 Smithtown Boulevard Nesconset, NY 11767 (631)366-2700 Bongiorno, Montiglio & Palmieri, PLLC Attorneys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 4 4 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 200 Old Country Road Suite 680 Mineola, New York 11501 (516)620-0687 5 5 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 3 ------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as 4 Administratrix of the ESTATE OF BRITTANY SCHULMAN, deceased; OLGA LIPETS; MINDY 5 GRABINA, as Administratrix of the Estate of AMY GRABINA, and MINDY GRABINA, 6 Individually; STEVEN BARUCH, as Administrator of the Estate of LAUREN 7 BARUCH, deceased and STEVEN BARUCH, Individually; JOELLE DIMONTE; MELISSA A. 8 CRAI; and ARTHUR A. BELLI JR., as parent and natural guardian of STEPHANIE BELLI, 9 deceased, and as the Administrator of THE ESTATE OF STEPHANIE BELLI, 10 PLAINTIFFS, 11 -against- Index No.: 611214/2015 12 13 ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC, 14 STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a 15 ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be 16 the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car 17 stretch limousine involved in the collision, 18 DEFENDANTS. ------------------------------------------X 19 20 DATE: March 27, 2018 21 TIME: 10:00 a.m. 22 23 (DEPOSITION of FELICIA BARUCH) 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 6 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 2 1 2 DATE: March 27, 2018 3 TIME: 10:00 a.m. 4 5 6 DEPOSITION of a non-party witness, 7 FELICIA BARUCH, taken by the Defendants, 8 pursuant to a Court Order, held at the 9 offices of Sullivan Papain Block McGrath & 10 Cannavo, P.C., 1140 Franklin Avenue, Garden 11 City, New York 11042, before Aileen Koven, 12 a Notary Public of the State of New York. 13 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 7 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 3 1 2 A P P E A R A N C E S: 3 4 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. 5 Attorneys for the Plaintiff Estate of Lauren Baruch 6 1140 Franklin Avenue Garden City, New York 11530 7 BY: ROBERT G. SULLIVAN, ESQ. 8 9 JOHN J. JULIANO Attorneys for the Plaintiff 10 Estate of Brittany Schulman 39 Doyle Court 11 East Northport, New York 11731 (NOT PRESENT) 12 13 PARIS & CHAIKIN, PLLC 14 Attorneys for the Plaintiff OLGA LIPETS 15 14 Penn Plaza New York, New York 10122 16 (NOT PRESENT) 17 18 THE BONGIORNO LAW FIRM, PLLC Attorneys for the Plaintiff 19 ALICIA M. ARUNDEL 1415 Kellum Place 20 Garden City, New York 11530 (NOT PRESENT) 21 22 (Appearances continued on next page.) 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 8 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 4 1 2 A P P E A R A N C E S: 3 4 PEGALIS & ERICKSON, LLP Attorneys for the Plaintiff 5 JOELLE DIMONTE One Hollow Lane 6 Lake Success, New York 11042 (NOT PRESENT) 7 8 JOSEPH J. TOCK, ESQ. 9 Attorneys for the Plaintiff MELISSA A. CRAI 10 963 Route 6 Mahopac, New York 10541 11 (NOT PRESENT) 12 13 FRANK J. LAINE, ESQ. Attorneys for the Plaintiff 14 AMY GRABINA 449 South Oyster Bay Road 15 Plainview, New York 11803 (NOT PRESENT) 16 17 LAW OFFICES OF ANDREA SAWYERS Attorneys for the Defendants 18 CABOT COACH BUILDERS, INC. P.O. Box 2903 19 Hartford, Connecticut 06104-2903 BY: STEVEN A. STEIGERWALD, ESQ. 20 21 22 (Appearances continued on next page.) 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 9 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 5 1 2 A P P E A R A N C E S: 3 4 AHMUTY DEMERS & McMANUS, ESQS. Attorneys for the Defendants 5 CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC. 6 200 I.U. Willets Road Albertson, New York 11507 7 BY: MICHELE RACH, ESQ. 8 9 CASCONE & KLUPFEL, LLP Attorneys for the Defendant 10 ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 11 Garden City, New York 11530 BY: DAVID TAVELLA, ESQ. 12 FILE#: 03787DVM 13 14 SUFFOLK COUNTY ATTORNEY Attorneys for the Defendant 15 THE COUNTY OF SUFFOLK 100 Veterans Memorial Highway 16 Hauppauge, New York 11788 BY: DANIELLE CARTER, ESQ. 17 18 19 20 21 (Appearances continued on next page.) 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 10 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 6 1 2 A P P E A R A N C E S: 3 4 DEVITT SPELLMAN BARRETT, LLP Attorneys for the Defendants 5 THE TOWN OF SOUTHOLD 50 Route 111 6 Smithtown, New York 11787 BY: DAVID ARNTSEN, ESQ. 7 FILE#: HC7554 8 9 LEWIS JOHS AVALLONE & AVILES, LLP 10 Attorneys for the Defendants STEVEN D. ROMEO 11 One CA Plaza Islandia, New York 11749 12 BY: REBECCA K. DEVLIN, ESQ. FILE#: 0114.1460.2C 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 11 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 7 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or 5 (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not 6 interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 12 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 8 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 13 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 9 1 F. BARUCH 2 F E L I C I A B A R U C H, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. STEIGERWALD: 8 Q. Please state your name for the 9 record. 10 A. Felicia Baruch. 11 Q. What is your address? 12 A. 12 Burham Drive, Smithtown, New 13 York 11787. 14 Q. Good morning, Mrs. Baruch. My 15 name is Steven Steigerwald. I work for the 16 law office of Andrea Sawyers. I will ask 17 you some questions here today. If you 18 don't understand them, please let me know. 19 You have to answer everything verbally. 20 She has the most difficult job in the room 21 here today. It's difficult for you giving 22 testimony, she has to get my questions and 23 your answers down. 24 If you can answer everything 25 with a yes or no instead of an ah hum or a DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 14 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 10 1 F. BARUCH 2 shake of the head that will be great. 3 A. Okay. 4 Q. Also if you don't know the 5 answer to a question, tell me you don't 6 know. I don't want you to guess at 7 anything. 8 A. Okay. 9 Q. Your date of birth. Just the 10 year? 11 A. '62. 12 Q. Social Security number. 13 A. 0057. 14 Q. How long have you lived on 15 Burham Drive? 16 A. It's just now 18 years. 17 Q. Are you married? 18 A. Yes. 19 Q. Who are you married to? 20 A. Steven Baruch. 21 Q. How long have you been married 22 to Steven? 23 A. 29 years. 24 Q. Who do you live there with 25 currently? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 15 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939 RECEIVED NYSCEF: 08/12/2022 11 1 F. BARUCH 2 A. My husband Steven and my son 3 Michael. 4 Q. How old is Michael? 5 A. Michael is 25. 6 Q. What does Michael do? 7 A. Michael works for a company, a 8 start-up company in his area of studies 9 which was sports management. 10 Q. Your husband, is he employed 11 outside the home? 12 A. Yes. 13 Q. What does he do? 14 A. He is in sales. 15 Q. What type of sales? 16 A. Uniform. 17 Q. When you say uniform, are you 18 talking about clothing? 19 A. Uniforms for different 20 companies and promotional logo items and 21 apparel. 22 Q. Are you employed? 23 A. Yes. 24 Q. What do you do? 25 A. I work for my husband with his DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 16 of 100 FILED: SUFFOLK COUNTY CLERK 08/12/2022 02:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 939