Preview
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
EXHIBIT "N"
_______
FILED: SUFFOLK COUNTY CLERK 03/01/2018
09/02/2022 12:43
02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 392
965 RECEIVED NYSCEF: 03/01/2018
09/02/2022
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
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs, DEMAND FOR EXECUTION
OF TRANSCRIPT
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS P1NO,
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.
---------------------------------------------------------------X X
TO: Plaintiff, Olga Lipets
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. An original and copy of the transcript of the examination before trialupon oral
questions conducted of Olga Lipets.
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.
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NYSCEF DOC. NO. 392
965 RECEIVED NYSCEF: 03/01/2018
09/02/2022
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
(1st
Skeaneyv.Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 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: March 1, 2018
Melville, New York
Yours, etc.
'
LAW,- Ell . G. SAWYERS
By:
STEVEN A. . EI WALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC
PO Box 2903
Hartford, CT 06104-2903
(631) 501-3100
Matter No.: 2017024539SAS
TO:
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate of Brittany Schulman
39 Doyle Court
E. Northport, NY 11731
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NYSCEF DOC. NO. 392
965 RECEIVED NYSCEF: 03/01/2018
09/02/2022
(631) 499-9300
Ahmuty Demers & McManus Esqs.
Attorneys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
200 I.U. Willets Road
Albertson, NY 11507
Cascone & Klupfel, LLP
Attorneys for Defendant
Romero Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
(516) 747-1990
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant
Steven D. Romeo
One CA Plaza
Suite 225
Islandia, NY 11749
(631) 755-0101
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
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff
Estate of Lauren Baruch
1140 Franklin Avenue
Suite 200
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Garden City, NY 11530
(516) 742-0707
Pegalis 4 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
Devitt Spellman Barrett, LLP
Attorneys for Defendant
The Town of Southold
50 Route 111
Suite 314
Smithtown, NY 11787
Suffolk County Attorney
Attorneys for Defendant
The County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
PO Box 6100
Hauppauge, NY 11788
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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: January 23, 2018
21 TIME: 11:30 a.m.
22
23 (DEPOSITION OF OLGA LIPETS.)
24
25
DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1
2 DATE: January 23, 2018
3 TIME: 11:30 a.m.
4
5
6 EXAMINATION BEFORE TRIAL of the
7 Plaintiff, OLGA LIPETS, taken by the
8 Defendants, pursuant to a Court Order, held
9 at the offices of Lewis Johs Avallone &
10 Aviles, LLP, One CA Plaza, Islandia, New
11 York 11749, before Aileen Koven, a Notary
12 Public of the State of New York.
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1
2 A P P E A R A N C E S:
3
4 THE BONGIORNO LAW FIRM, PLLC
Attorneys for the Plaintiff
5 ALICIA M. ARUNDEL
1415 Kellum Place
6 Garden City, New York 11530
BY: PETER BONGIORNO, ESQ.
7
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
14 PARIS & CHAIKIN, PLLC
Attorneys for the Plaintiff
15 OLGA LIPETS
14 Penn Plaza
16 New York, New York 10122
BY: IAN CHAIKIN, ESQ.
17
18
19 SULLIVAN PAPAIN BLOCK
McGRATH & CANNAVO, P.C.
20 Attorneys for the Plaintiff
ESTATE OF LAUREN BARUCH
21 1140 Franklin Avenue
Garden City, New York 11530
22 (NOT PRESENT)
23
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1
2 A P P E A R A N C E S (Continued):
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
9 JOSEPH J. TOCK, ESQ.
Attorneys for the Plaintiff
10 MELISSA A. CRAI
963 Route 6
11 Mahopac, New York 10541
BY: JOSEPH J. TOCK, ESQ.
12
13
14 FRANK J. LAINE, ESQ.
Attorneys for the Plaintiff
15 AMY GRABINA
449 South Oyster Bay Road
16 Plainview, New York 11803
BY: ROBIN SINGH, ESQ.
17
18
19 AHMUTY DEMERS & McMANUS, ESQS.
Attorneys for the Defendants
20 CARLOS F. PINO and ULTIMATE
CLASS LIMOUSINE, INC.
21 200 I.U. Willets Road
Albertson, New York 11507
22 BY: NEIL PALMIERI, ESQ.
23
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1
2 A P P E A R A N C E S (Continued):
3
4 CASCONE & KLUPFEL, LLP
Attorneys for the Defendant
5 ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
6 Garden City, New York 11530
BY: DAVID TAVELLA, ESQ.
7 FILE#: 03787DVM
8
9 LEWIS JOHS AVALLONE & AVILES, LLP
Attorneys for the Defendants
10 STEVEN D. ROMEO
One CA Plaza
11 Islandia, New York 11749
BY: REBECCA K. DEVLIN, ESQ.
12 FILE#: 0114.1460.2C
13
14 DEVITT SPELLMAN BARRETT, LLP
Attorneys for the Defendants
15 THE TOWN OF SOUTHOLD
50 Route 111
16 Smithtown, New York 11787
BY: DAVID ARNTSEN, ESQ.
17 FILE#: HC7554
18
19 SUFFOLK COUNTY ATTORNEY
Attorneys for the Defendant
20 THE COUNTY OF SUFFOLK
100 Veterans Memorial Highway
21 Hauppauge, New York 11788
(NOT PRESENT)
22
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1
2 A P P E A R A N C E S (Continued):
3
4 LAW OFFICES OF ANDREA SAWYERS
Attorneys for the Defendants
5 CABOT COACH BUILDERS, INC.
P.O. Box 2903
6 Hartford, Connecticut 06104-2903
BY: STEVEN A. STEIGERWALD, ESQ.
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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
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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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
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1 LIPETS
2 O L G A L I P E T S, called as a witness,
3 having been first duly sworn by a Notary
4 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. Olga Lipets.
11 Q. What is your address?
12 A. 4247 Bedford Avenue, Brooklyn,
13 New York 11229.
14 Q. Good morning, Ms. Lipets. My
15 name is Steve Steigerwald. I work for the
16 law office of Andrea Sawyers. I will be
17 asking you some questions here today. If
18 you don't understand them, please let me
19 know. All right.
20 A. Okay.
21 Q. She got the most difficult job
22 here in the room today. She has to take
23 everything you and I discuss down. So if
24 you would allow me to finish my question
25 and I will allow you to finish your answer
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1 LIPETS
2 so that she is not trying to take down two
3 people at the same time.
4 A. Okay.
5 Q. Good. Your current address,
6 how long have you lived there?
7 A. About a little over a year now.
8 Q. Who do you live there with?
9 A. My boyfriend and my newborn
10 son.
11 Q. Your boyfriend's name is what?
12 A. Alex Yegorov.
13 Q. Can you spell that?
14 A. Y-e-g-o-r-o-v.
15 Q. Your son's name is?
16 A. Michael last name is Y-E-G.
17 Q. How old is Michael now?
18 A. He will be three weeks
19 tomorrow.
20 Q. Congratulations.
21 A. Thank you.
22 Q. Is that an apartment that you
23 live in?
24 A. It's the basement of a house.
25 Q. Where did you live before
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NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022
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1 LIPETS
2 Bedford Avenue?
3 A. 2820 Ocean Parkway, Brooklyn,
4 New York 11235.
5 Q. Was that an apartment or a
6 private house?
7 A. Apartment.
8 Q. What apartment number was it?
9 A. 9C.
10 Q. Who did you live there with?
11 A. My parents, my mother and my
12 father.
13 Q. Their names are?
14 A. Marina Lipets, Alexander
15 Lipets. My grandmother Lyubov Druker and
16 my grandfather Vladimir last name Nayvelt.
17 Q. Anyone else that you lived
18 there with?
19 A. That's it.
20 Q. How long did you live at that
21 address?
22 A. 23, 24 years.
23 Q. Your date of birth and please
24 only put the year on the transcript.
Preview
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 EXHIBIT "N" _______ FILED: SUFFOLK COUNTY CLERK 03/01/2018 09/02/2022 12:43 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 392 965 RECEIVED NYSCEF: 03/01/2018 09/02/2022 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 DIMONTE; AND MELISSA A. CRAI, Plaintiffs, DEMAND FOR EXECUTION OF TRANSCRIPT -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS P1NO, 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. ---------------------------------------------------------------X X TO: Plaintiff, Olga Lipets 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. An original and copy of the transcript of the examination before trialupon oral questions conducted of Olga Lipets. 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 of 4 FILED: SUFFOLK COUNTY CLERK 03/01/2018 09/02/2022 12:43 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 392 965 RECEIVED NYSCEF: 03/01/2018 09/02/2022 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 (1st Skeaneyv.Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 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: March 1, 2018 Melville, New York Yours, etc. ' LAW,- Ell . G. SAWYERS By: STEVEN A. . EI WALD Attorneys for Defendant CABOT COACH BUILDERS, INC PO Box 2903 Hartford, CT 06104-2903 (631) 501-3100 Matter No.: 2017024539SAS TO: John J. Juliano, Esq. Attorneys for Plaintiff Estate of Brittany Schulman 39 Doyle Court E. Northport, NY 11731 2 of 4 FILED: SUFFOLK COUNTY CLERK 03/01/2018 09/02/2022 12:43 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 392 965 RECEIVED NYSCEF: 03/01/2018 09/02/2022 (631) 499-9300 Ahmuty Demers & McManus Esqs. Attorneys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 200 I.U. Willets Road Albertson, NY 11507 Cascone & Klupfel, LLP Attorneys for Defendant Romero Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 (516) 747-1990 Lewis Johs Avallone Aviles, LLP Attorneys for Defendant Steven D. Romeo One CA Plaza Suite 225 Islandia, NY 11749 (631) 755-0101 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 Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff Estate of Lauren Baruch 1140 Franklin Avenue Suite 200 3 of 4 FILED: SUFFOLK COUNTY CLERK 03/01/2018 09/02/2022 12:43 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 392 965 RECEIVED NYSCEF: 03/01/2018 09/02/2022 Garden City, NY 11530 (516) 742-0707 Pegalis 4 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 Devitt Spellman Barrett, LLP Attorneys for Defendant The Town of Southold 50 Route 111 Suite 314 Smithtown, NY 11787 Suffolk County Attorney Attorneys for Defendant The County of Suffolk H. Lee Dennison Building 100 Veterans Memorial Highway PO Box 6100 Hauppauge, NY 11788 4 of 4 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 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: January 23, 2018 21 TIME: 11:30 a.m. 22 23 (DEPOSITION OF OLGA LIPETS.) 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 2 1 2 DATE: January 23, 2018 3 TIME: 11:30 a.m. 4 5 6 EXAMINATION BEFORE TRIAL of the 7 Plaintiff, OLGA LIPETS, taken by the 8 Defendants, pursuant to a Court Order, held 9 at the offices of Lewis Johs Avallone & 10 Aviles, LLP, One CA Plaza, Islandia, New 11 York 11749, before Aileen Koven, a Notary 12 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 3 1 2 A P P E A R A N C E S: 3 4 THE BONGIORNO LAW FIRM, PLLC Attorneys for the Plaintiff 5 ALICIA M. ARUNDEL 1415 Kellum Place 6 Garden City, New York 11530 BY: PETER BONGIORNO, ESQ. 7 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 14 PARIS & CHAIKIN, PLLC Attorneys for the Plaintiff 15 OLGA LIPETS 14 Penn Plaza 16 New York, New York 10122 BY: IAN CHAIKIN, ESQ. 17 18 19 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. 20 Attorneys for the Plaintiff ESTATE OF LAUREN BARUCH 21 1140 Franklin Avenue Garden City, New York 11530 22 (NOT PRESENT) 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 4 1 2 A P P E A R A N C E S (Continued): 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 9 JOSEPH J. TOCK, ESQ. Attorneys for the Plaintiff 10 MELISSA A. CRAI 963 Route 6 11 Mahopac, New York 10541 BY: JOSEPH J. TOCK, ESQ. 12 13 14 FRANK J. LAINE, ESQ. Attorneys for the Plaintiff 15 AMY GRABINA 449 South Oyster Bay Road 16 Plainview, New York 11803 BY: ROBIN SINGH, ESQ. 17 18 19 AHMUTY DEMERS & McMANUS, ESQS. Attorneys for the Defendants 20 CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC. 21 200 I.U. Willets Road Albertson, New York 11507 22 BY: NEIL PALMIERI, ESQ. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 5 1 2 A P P E A R A N C E S (Continued): 3 4 CASCONE & KLUPFEL, LLP Attorneys for the Defendant 5 ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 6 Garden City, New York 11530 BY: DAVID TAVELLA, ESQ. 7 FILE#: 03787DVM 8 9 LEWIS JOHS AVALLONE & AVILES, LLP Attorneys for the Defendants 10 STEVEN D. ROMEO One CA Plaza 11 Islandia, New York 11749 BY: REBECCA K. DEVLIN, ESQ. 12 FILE#: 0114.1460.2C 13 14 DEVITT SPELLMAN BARRETT, LLP Attorneys for the Defendants 15 THE TOWN OF SOUTHOLD 50 Route 111 16 Smithtown, New York 11787 BY: DAVID ARNTSEN, ESQ. 17 FILE#: HC7554 18 19 SUFFOLK COUNTY ATTORNEY Attorneys for the Defendant 20 THE COUNTY OF SUFFOLK 100 Veterans Memorial Highway 21 Hauppauge, New York 11788 (NOT PRESENT) 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 6 1 2 A P P E A R A N C E S (Continued): 3 4 LAW OFFICES OF ANDREA SAWYERS Attorneys for the Defendants 5 CABOT COACH BUILDERS, INC. P.O. Box 2903 6 Hartford, Connecticut 06104-2903 BY: STEVEN A. STEIGERWALD, ESQ. 7 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 9 1 LIPETS 2 O L G A L I P E T S, called as a witness, 3 having been first duly sworn by a Notary 4 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. Olga Lipets. 11 Q. What is your address? 12 A. 4247 Bedford Avenue, Brooklyn, 13 New York 11229. 14 Q. Good morning, Ms. Lipets. My 15 name is Steve Steigerwald. I work for the 16 law office of Andrea Sawyers. I will be 17 asking you some questions here today. If 18 you don't understand them, please let me 19 know. All right. 20 A. Okay. 21 Q. She got the most difficult job 22 here in the room today. She has to take 23 everything you and I discuss down. So if 24 you would allow me to finish my question 25 and I will allow you to finish your answer DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 10 1 LIPETS 2 so that she is not trying to take down two 3 people at the same time. 4 A. Okay. 5 Q. Good. Your current address, 6 how long have you lived there? 7 A. About a little over a year now. 8 Q. Who do you live there with? 9 A. My boyfriend and my newborn 10 son. 11 Q. Your boyfriend's name is what? 12 A. Alex Yegorov. 13 Q. Can you spell that? 14 A. Y-e-g-o-r-o-v. 15 Q. Your son's name is? 16 A. Michael last name is Y-E-G. 17 Q. How old is Michael now? 18 A. He will be three weeks 19 tomorrow. 20 Q. Congratulations. 21 A. Thank you. 22 Q. Is that an apartment that you 23 live in? 24 A. It's the basement of a house. 25 Q. Where did you live before DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 09/02/2022 11 1 LIPETS 2 Bedford Avenue? 3 A. 2820 Ocean Parkway, Brooklyn, 4 New York 11235. 5 Q. Was that an apartment or a 6 private house? 7 A. Apartment. 8 Q. What apartment number was it? 9 A. 9C. 10 Q. Who did you live there with? 11 A. My parents, my mother and my 12 father. 13 Q. Their names are? 14 A. Marina Lipets, Alexander 15 Lipets. My grandmother Lyubov Druker and 16 my grandfather Vladimir last name Nayvelt. 17 Q. Anyone else that you lived 18 there with? 19 A. That's it. 20 Q. How long did you live at that 21 address? 22 A. 23, 24 years. 23 Q. Your date of birth and please 24 only put the year on the transcript.