Preview
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
EXHIBIT "P"
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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.
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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.)
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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.)
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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
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20
21 (Appearances continued on next page.)
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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.
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 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.
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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
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NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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?
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NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022
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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
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1 F. BARUCH
2 company that he works for Feury Image
3 Group.
4 Q. Are you or he an owner in Feury
5 Image Group?
6 A. No.
7 Q. How long have you been doing
8 your job?
9 A. It is just a year and -- maybe
10 about 14 months.
11 Q. How long has your husband been
12 working for Feury Image Group?
13 A. You know, I don't know the
14 exact year. I am going to say maybe seven,
15 five to seven years.
16 Q. Approximately five to seven?
17 A. Yes. It could be a little
18 more. I don't remember quite off the top
19 of my head.
20 Q. Your daughter Lauren, she was
21 involved in an accident?
22 A. Yes.
23 Q. What was her date of birth?
24 A. 5/20/1991.
25 Q. You know her Social Security
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1 F. BARUCH
2 number?
3 A. I do not.
4 Q. Do you know the date of the
5 incident?
6 A. July 18, 2015.
7 Q. Can you just give me a basic
8 description of the event that she was on at
9 the time of the incident?
10 A. She was going to the vodka
11 distillery and then to Vineyard 48,
12 whatever it's called.
13 Q. Was she going with a group of
14 friends?
15 A. Yes.
16 Q. Do you know the names of the
17 friends that she was with?
18 A. Yes.
19 Q. What are they?
20 A. Alicia Arundel, Stephanie
21 Belli, Melissa Crai, Olga Lipets, Joelle
22 DiMonte. How many are there?
23 Q. There is five plus your
24 daughter six?
25 A. There were two more. Who am I
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1 F. BARUCH
2 missing? I have Alicia, Joelle, Melissa.
3 Q. Brittany Schulman?
4 A. Brittany Schulman, thank you.
5 That makes a total of seven or eight.
6 Q. Amy Grabina?
7 A. Yes. How can I forget?
8 Q. Do you know how long she been
9 friendly with Alicia?
10 A. Alicia at least four or five
11 years.
12 Q. Do you know where they met?
13 A. They met in Albany.
14 Q. State University of New York at
15 Albany?
16 A. Ah hum.
17 Q. You said ah hum.
18 A. Yes.
19 Q. That's going to be the most
20 difficult job hopefully is just remembering
21 that.
22 A. I don't know about that.
23 Q. We'll try to make it as easy as
24 we can.
25 A. Thank you.
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1 F. BARUCH
2 Q. I am not looking to make it any
3 harder on you than we're doing.
4 Stephanie, how long did she
5 know Stephanie?
6 A. She was little. Elementary
7 school.
8 Q. School together?
9 A. They have been best frie
Preview
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 EXHIBIT "P" FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 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: 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 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. 967 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. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 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 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 12 1 F. BARUCH 2 company that he works for Feury Image 3 Group. 4 Q. Are you or he an owner in Feury 5 Image Group? 6 A. No. 7 Q. How long have you been doing 8 your job? 9 A. It is just a year and -- maybe 10 about 14 months. 11 Q. How long has your husband been 12 working for Feury Image Group? 13 A. You know, I don't know the 14 exact year. I am going to say maybe seven, 15 five to seven years. 16 Q. Approximately five to seven? 17 A. Yes. It could be a little 18 more. I don't remember quite off the top 19 of my head. 20 Q. Your daughter Lauren, she was 21 involved in an accident? 22 A. Yes. 23 Q. What was her date of birth? 24 A. 5/20/1991. 25 Q. You know her Social Security DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 13 1 F. BARUCH 2 number? 3 A. I do not. 4 Q. Do you know the date of the 5 incident? 6 A. July 18, 2015. 7 Q. Can you just give me a basic 8 description of the event that she was on at 9 the time of the incident? 10 A. She was going to the vodka 11 distillery and then to Vineyard 48, 12 whatever it's called. 13 Q. Was she going with a group of 14 friends? 15 A. Yes. 16 Q. Do you know the names of the 17 friends that she was with? 18 A. Yes. 19 Q. What are they? 20 A. Alicia Arundel, Stephanie 21 Belli, Melissa Crai, Olga Lipets, Joelle 22 DiMonte. How many are there? 23 Q. There is five plus your 24 daughter six? 25 A. There were two more. Who am I DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 13 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 14 1 F. BARUCH 2 missing? I have Alicia, Joelle, Melissa. 3 Q. Brittany Schulman? 4 A. Brittany Schulman, thank you. 5 That makes a total of seven or eight. 6 Q. Amy Grabina? 7 A. Yes. How can I forget? 8 Q. Do you know how long she been 9 friendly with Alicia? 10 A. Alicia at least four or five 11 years. 12 Q. Do you know where they met? 13 A. They met in Albany. 14 Q. State University of New York at 15 Albany? 16 A. Ah hum. 17 Q. You said ah hum. 18 A. Yes. 19 Q. That's going to be the most 20 difficult job hopefully is just remembering 21 that. 22 A. I don't know about that. 23 Q. We'll try to make it as easy as 24 we can. 25 A. Thank you. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 14 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 967 RECEIVED NYSCEF: 09/02/2022 15 1 F. BARUCH 2 Q. I am not looking to make it any 3 harder on you than we're doing. 4 Stephanie, how long did she 5 know Stephanie? 6 A. She was little. Elementary 7 school. 8 Q. School together? 9 A. They have been best frie