Preview
FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15
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 NOTICE OF EXPERT
DIMONTE; AND MELISSA A. CRAI, WITNESS DISCLOSURE
PURSUANT TO CPLR
3101(d)
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.
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Defendant, CABOT COACH BUILDERS, INC. s/h/a CABOT COACH BUILDERS,
INC. d/b/a ROYALE LIMOUSINE, by its attorneys, The Law Office of Eric D. Feldman, as and
for its disclosure pursuant to CPLR 3101(d), sets forth the following upon information and
belief:
1) This defendant intends to call Dr. Suzanne L. Tuzel as an expert in psychiatry at
the time of trial.
2) Dr. Tuzel’s credentials were previously served with a copy of her report on her
exam of Melissa Crai.
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3) The subject matters and the facts and opinions on which Dr. Tuzel will testify, in
addition to those set forth in her report, are set forth in the attached affirmation.
4) The grounds for Dr. Tuzel’s opinions are set forth in her report and affirmation.
PLEASE TAKE FURTHER NOTICE, that the undersigned reserves all rights to
supplement and/or alter any or all of the foregoing if and when additional and/or different
information becomes available and/ or known up to and including the time of trial.
PLEASE TAKE FURTHER NOTICE, that pursuant to Section 130.01 of the Rules of
the Chief Administrator (22NYCRR), I certify to the best of my knowledge, information and
belief, formed after an inquiry reasonable under the circumstances, that the within Response to
3101 Notice is not frivolous.
Dated: August 31, 2022
Melville, New York
Yours, etc.
LAW OFFICE OF ERIC D. FELDMAN
By:________________________________
STEVEN A. STEIGERWALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC
Please note our new mailing address:
PO Box 2903
Hartford, CT 06104-2903
(631) 501-3100
TO:
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
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NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022
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
The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place
Suite 205
Garden City, NY 11530
(516) 741-4170
Chaikin, PLLC
Attorneys for Plaintiff
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NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022
Olga Lipets
8 Edna Lane
Commack, NY 11725
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.
200 Old Country Road
Suite 680
Mineola, New York 11501
(516)620-0687
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NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
..._____________________________________________________________________Ç
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHUL MAN, 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: MELISSA A. CRAI AND ARTHUR A. BELLI, JR.,
AS PARENT AND NATURAL GUARDIAN OF
STEPHANIE BELLI, DECEASED, AND AS THE
ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI
Plaintiffs, AFFIRMATION
-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
1-5"
ROYALE LIMOUSINE and "XYZ COMPANIES
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.
______________________________________________________________________Ç
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SUZANNE L. TUZEL, a physician licensed to practice in the State of New York,
affirms the following under penalties of perjury:
1. I am a medical doctor licensed to practice medicine in the State of New York. I
have been so licensed since 1991. I have been Board Certified in Psychiatry
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NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022
since 1993. I am in private practice at North Shore Psychiatric Consultants
located at 222 Middle Country Road, Smithtown, New York. I am also the
medical director at Huntington Drug and Alcohol Project. A copy of my
curriculum vitae is attached as Exhibit A.
2. I was retained by counsel for the defendant CABOT COACH BUILDERS,
INC., d/b/a ROYALE LIMOUSINE in this matter to review various medical
records for Melissa Crai and conduct a psychiatric evaluation of her in this
matter. To that end, I examined Ms. Crai on February 25, 2020, and rendered
the attached report.
3. The opinions set forth in this affidavit are made to a reasonable degree of
medical and psychiatric certainty and have been derived from my examination
of Ms. Crai, a review of various medical records outlined in my report, and my
background education, knowledge, training, and experience.
4. As set forth in my report, when I examined Ms. Crai, my opinion was that she
suffered from posttraumatic stress disorder, a major depressive disorder, single
episode, which was in partial remission and dysthemic disorder had to be ruled
out.
5. It ismy opinion that the diagnosis arose out of the motor vehicle accident that
occurred on July 18, 2015, in which Ms. Crai was a rear seat occupant of a
limousine that was struck on the passenger side by a pick-up truck. I have been
informed that itwas a high-speed impact and that there are claims that there was
a defect in the vehicle that Ms. Crai claims exacerbated her injuries.
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FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022
6. In preparation for submitting this affidavit, I have reviewed color photographs
of the accident scene.
7. I have been advised by counsel for Cabot Coach Builders, Inc. that in order to
maintain a case under the second collision doctrine, a plaintiff must identify the
extent an act or omission of a vehicle manufacturer enhanced an injury that
would have otherwise occurred.
8. In this case, itis impossible to identify the psychological injury Melissa Crai
sustained in the underlying impact, and thus impossible to establish that itwas
somehow enhanced. It cannot be determined with a reasonable degree of
medical certainty that the manner in which the vehicle absorbed the impact was
a substantial factor resulting in any psychological injuries of Ms. Crai.
9. From my experience treating patients suffering from psychological trauma, Ms.
"quantified"
Crai's injuries cannot be per se, although in many cases a
disability/impainnent percentage could be decided upon.
10. Posttraumatic stress disorder and depressive disorder frequently occur as a
result of motor vehicle accidents. It isspeculation to suggest that they would
not have occurred, or would have been somehow less severe, had the vehicle
absorbed the impact in a different manner. However, the severity of damage
occurred regarding the extent of injuries, loss of life, etc.,most likely would
contribute significant importance to the extent of psychological impairment.
Not having been made aware of the extent that the defect in the vehicle may
have contributed to the overall injuries/loss of lifeto the occupants does not
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enable me to make further comments regarding the outcome of the
psychological trauma experienced.
11. It isnot possible to determine with a reasonable degree of medical certainty if
any defect increased the psychological injuries which otherwise resulted from
the severe accident occurrence.
12. It cannot be determined with a reasonable degree of medical certainty whether
the extent of intrusion into the occupant compartment in the limousine was a
substantial factor in any potential exacerbation of the psychological injury that
Ms. Crai experienced from this accident.
Dated: July, , 2022
SUZANNÉ ZEL
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Preview
FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15 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 NOTICE OF EXPERT DIMONTE; AND MELISSA A. CRAI, WITNESS DISCLOSURE PURSUANT TO CPLR 3101(d) 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 Defendant, CABOT COACH BUILDERS, INC. s/h/a CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE, by its attorneys, The Law Office of Eric D. Feldman, as and for its disclosure pursuant to CPLR 3101(d), sets forth the following upon information and belief: 1) This defendant intends to call Dr. Suzanne L. Tuzel as an expert in psychiatry at the time of trial. 2) Dr. Tuzel’s credentials were previously served with a copy of her report on her exam of Melissa Crai. 1 1 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 3) The subject matters and the facts and opinions on which Dr. Tuzel will testify, in addition to those set forth in her report, are set forth in the attached affirmation. 4) The grounds for Dr. Tuzel’s opinions are set forth in her report and affirmation. PLEASE TAKE FURTHER NOTICE, that the undersigned reserves all rights to supplement and/or alter any or all of the foregoing if and when additional and/or different information becomes available and/ or known up to and including the time of trial. PLEASE TAKE FURTHER NOTICE, that pursuant to Section 130.01 of the Rules of the Chief Administrator (22NYCRR), I certify to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the within Response to 3101 Notice is not frivolous. Dated: August 31, 2022 Melville, New York Yours, etc. LAW OFFICE OF ERIC D. FELDMAN By:________________________________ STEVEN A. STEIGERWALD Attorneys for Defendant CABOT COACH BUILDERS, INC Please note our new mailing address: PO Box 2903 Hartford, CT 06104-2903 (631) 501-3100 TO: 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 2 2 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 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 The Bongiorno Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place Suite 205 Garden City, NY 11530 (516) 741-4170 Chaikin, PLLC Attorneys for Plaintiff 3 3 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 Olga Lipets 8 Edna Lane Commack, NY 11725 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. 200 Old Country Road Suite 680 Mineola, New York 11501 (516)620-0687 4 4 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ..._____________________________________________________________________Ç ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHUL MAN, 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: MELISSA A. CRAI AND ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI Plaintiffs, AFFIRMATION -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 1-5" ROYALE LIMOUSINE and "XYZ COMPANIES 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. ______________________________________________________________________Ç STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SUZANNE L. TUZEL, a physician licensed to practice in the State of New York, affirms the following under penalties of perjury: 1. I am a medical doctor licensed to practice medicine in the State of New York. I have been so licensed since 1991. I have been Board Certified in Psychiatry 5 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 since 1993. I am in private practice at North Shore Psychiatric Consultants located at 222 Middle Country Road, Smithtown, New York. I am also the medical director at Huntington Drug and Alcohol Project. A copy of my curriculum vitae is attached as Exhibit A. 2. I was retained by counsel for the defendant CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE in this matter to review various medical records for Melissa Crai and conduct a psychiatric evaluation of her in this matter. To that end, I examined Ms. Crai on February 25, 2020, and rendered the attached report. 3. The opinions set forth in this affidavit are made to a reasonable degree of medical and psychiatric certainty and have been derived from my examination of Ms. Crai, a review of various medical records outlined in my report, and my background education, knowledge, training, and experience. 4. As set forth in my report, when I examined Ms. Crai, my opinion was that she suffered from posttraumatic stress disorder, a major depressive disorder, single episode, which was in partial remission and dysthemic disorder had to be ruled out. 5. It ismy opinion that the diagnosis arose out of the motor vehicle accident that occurred on July 18, 2015, in which Ms. Crai was a rear seat occupant of a limousine that was struck on the passenger side by a pick-up truck. I have been informed that itwas a high-speed impact and that there are claims that there was a defect in the vehicle that Ms. Crai claims exacerbated her injuries. 6 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 6. In preparation for submitting this affidavit, I have reviewed color photographs of the accident scene. 7. I have been advised by counsel for Cabot Coach Builders, Inc. that in order to maintain a case under the second collision doctrine, a plaintiff must identify the extent an act or omission of a vehicle manufacturer enhanced an injury that would have otherwise occurred. 8. In this case, itis impossible to identify the psychological injury Melissa Crai sustained in the underlying impact, and thus impossible to establish that itwas somehow enhanced. It cannot be determined with a reasonable degree of medical certainty that the manner in which the vehicle absorbed the impact was a substantial factor resulting in any psychological injuries of Ms. Crai. 9. From my experience treating patients suffering from psychological trauma, Ms. "quantified" Crai's injuries cannot be per se, although in many cases a disability/impainnent percentage could be decided upon. 10. Posttraumatic stress disorder and depressive disorder frequently occur as a result of motor vehicle accidents. It isspeculation to suggest that they would not have occurred, or would have been somehow less severe, had the vehicle absorbed the impact in a different manner. However, the severity of damage occurred regarding the extent of injuries, loss of life, etc.,most likely would contribute significant importance to the extent of psychological impairment. Not having been made aware of the extent that the defect in the vehicle may have contributed to the overall injuries/loss of lifeto the occupants does not 7 of 8 FILED: SUFFOLK COUNTY CLERK 08/31/2022 12:35 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 943 RECEIVED NYSCEF: 08/31/2022 enable me to make further comments regarding the outcome of the psychological trauma experienced. 11. It isnot possible to determine with a reasonable degree of medical certainty if any defect increased the psychological injuries which otherwise resulted from the severe accident occurrence. 12. It cannot be determined with a reasonable degree of medical certainty whether the extent of intrusion into the occupant compartment in the limousine was a substantial factor in any potential exacerbation of the psychological injury that Ms. Crai experienced from this accident. Dated: July, , 2022 SUZANNÉ ZEL 8 of 8