Preview
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
EXHIBIT "X"
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________---_____________________________________
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE
OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M
ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY
GRABINA, AND MINDY GRABINA, INDIVIDUALLY, STEVEN
BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN
BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A
CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL
GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE
ADMINISTRATOR OF THE E/O STEPHANIE BELLI,
Plaintiffs,
-against- Index No.:
611214/15
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO,
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH
BUILDERS, INC D/B/A ROYALE LIMOUSINE, 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
3 Huntington Quadrangle
Melville, New York
August 6, 2019
10:12 a.m.
EXAMINATION BEFORE TRIAL OF CABOT COACH
BUILDERS, INC D/B/A ROYALE LIMOUSINE, by PHILLIP
STOCK, a Defendant herein, taken by the attorneys
for the respective parties, pursuant to Court
Order, held at the above time and place before
Nichole Bugeja, a Stenotype Reporter and Notary
Public within and for the State of New York.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
2
1 A P P E A R A N C E S :
2
3 JOHN L. JULIANO, P.C.
Attorney for Plaintiff Suzanne Schulman as
4 administratrix of the estate of
Brittney M. Schulman, deceased
5 39 Doyle Court
East Northport, New York 11731
6
BY: JONATHAN JULIANO, ESQ.
7
8
9 THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff Alicia M. Arundel
10 1415 Kellum Place, Suite 205
Garden City, New York 11530
11
BY: BRANDON CRUZ, ESQ.
12 File No.: 6230.PP
13
14 PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff Olga Lipets
15 14 Penn Plaza, Suite 2202
New York, New York 10122
16
BY: IAN CHAIKIN, ESQ.
17
18
19 FRANK J. LAINE, P.C.
Attorney for Plaintiff Mindy Grabina A/O/E
20 Amy Grabina, and Mindy Grabina, individually
449 South Oyster Bay Road
21 Plainview, New York 11803
22 BY: FRANK J. LAINE, ESQ.
23
24 (Continued on following page)
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
3
1 A P P E A R A N C E S: (Continued)
2
3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff Steven Baruch A/O/E
4 Lauren Baruch, deceased, and Steven Baruch,
individually
5 1140 Franklin Avenue, Suite 200
Garden City, New York 11530
6
BY: ROBERT SULLIVAN, ESQ.
7
8
9 PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff Joelle DiMonte
10 One Hollow Lane, Suite 107
Lake Success, New York 11042
11
BY: GARY NIELSEN, ESQ.
12
13
14 JOSEPH J. TOCK, ESQ.
Attorney for Plaintiff Melissa A. Crai
15 936 Route 6
Mahopac, New York 10541
16
BY: JOSEPH J. TOCK, ESQ.
17
18
19 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Arthur A. Belli, Jr. as parent
20 and natural guardian of Stephanie Belli,
deceased, and as the administrator of the
21 E/O Stephanie Belli
1 Penn Plaza, Suite 5315
22 New York, New York 10119
23 BY: DANIEL SEIDEN, ESQ.
File no. 4044
24
25 (Continued on following page)
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NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
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1 A P P E A R A N C E S: (Continued)
2
3 BONGIORNO, MONTIGLIO & PALMIERI
Attorneys for Defendants Ultimate Class
4 Limousine, Inc. and Carlos F. Pino
200 Old Country Road, Suite 680
5 Mineola, New York 11501
6 BY: NEIL PALMIERI, ESQ.
7
8
9 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
10 Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
11 Garden City, New York 11530
12 BY: DAVID TAVELLA, ESQ.
File no. 0412DVM
13
14
15 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant Steven D. Romeo
16 One CA Plaza, Suite 225
Islandia, New York 11749
17
BY: REBECCA DEVLIN, ESQ.
18 File No.: 0114.1460.001C
19
20
21 LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant Town of Southold
22 280 Smithtown Boulevard
Nesconset, New York 11767
23
BY: DAVID ARNTSEN, ESQ.
24
25 (Continued on following page)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
5
1 A P P E A R A N C E S: (Continued)
2
3 LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
4 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
5
BY: VINCENT D. McNAMARA, ESQ.
6 File No. 907-4577
7 10
2cp
8 LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
9 Cabot Coach Builders, Inc.
P.O. Box 2903
10 Hartford, Connecticut 06104-2903
11 BY: STEVEN STEIGERWALD, ESQ.
File No. 2017024539SAS
12
13 ALSO PRESENT:
14 DAVID TEIXEIRA, ESQ., the Law Offices of
Vincent D. McNamara
15
OLIVIA SEGOTA, Intern with the Law Offices of
16 Vincent D. McNamara
17
MICHAEL FRITTOLA, additional counsel for Cabot
18 Coach Builders, Inc., d/b/a Royale Limousine
19 SCOTT TAYLOR, additional counsel for Cabot Coach
Builders, Inc., d/b/a Royale Limousine
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
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1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.1 OBJECTIONS AT DEPOSITIONS
3
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
6 except in compliance with subdivision (e) of
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
11 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
12 request of the questioning attorney, shall
include a clear statement as to any defect in
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
14 or by this rule, during the course of the
examination, persons shall not make statements
15 or comments that interfere with the questioning.
16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE.
17 A deponent shall answer all questions at a
deposition, except (i) to preserve a privilege
18 or right of confidentiality, (ii) to enforce a
limitation set forth in an order of the court,
19 or (iii) when the question is plainly improper
and would, if answered, cause significant
20 prejudice to any person. An attorney shall not
direct a deponent not to answer except as
21 provided in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to answer
22 shall be accompanied by a succinct and clear
statement of the basis therefore. If a deponent
23 does not answer a question, the examining party
shall have the right to complete the remainder
24 of the deposition.
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
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1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.3 Communication with the deponent.
3
An attorney shall not interrupt the
4 deposition for the purpose of communication with
the deponent unless all parties consent or the
5 communication is made for the purpose of
determining whether the question should not be
6 answered on the grounds set forth in Section
221.2 of these rules and, in such event, the
7 reason for the communication shall be stated for
the record succinctly and clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
12 all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by an
between the attorneys for the respective parties
17 that a copy of this examination shall be
furnished, without charge, to the attorney
18 representing the witness testifying herein.
19 * * * *
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
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1
2 MR. SEIDEN: Let's mark these, please.
3 (Whereupon, a multipage document
4 entitled Ford North American Product
Plaintiffs'
5 Development was premarked as
6 Exhibit 1 for Identification, as of this
7 date.)
8 (Whereupon, a color photograph was
Plaintiffs'
9 premarked as Exhibit 2 for
10 Identification, as of this date.)
11 (Whereupon, two color photographs on one
Plaintiffs'
12 page were premarked as Exhibit 3
13 for Identification, as of this date.)
14 (Whereupon, color photographs were
Plaintiffs'
15 premarked as Exhibits 4 through
16 6 for Identification, as of this date.)
17 (Whereupon, photograph with the heading
Plaintiffs'
18 GJ Exhibit 119Z was premarked as
19 Exhibit 7 for Identification, as of this
20 date.)
21 (Whereupon, photograph with the heading
Plaintiffs'
22 GJ Exhibit 120Z was premarked as
23 Exhibit 8 for Identification, as of this
24 date.)
25 (Whereupon, two color photographs on one
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
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1
page Plaintiffs' Exhibit
2 were premarked as 9
3 for Identification, as of this date.)
4 (Whereupon, two color photographs on one
Plaintiffs'
5 page were premarked as Exhibit
6 10 for Identification, as of this date.)
7 (Whereupon, two color photographs on one
Plaintiffs'
8 page were premarked as Exhibit
9 11 for Identification, as of this date.)
10 (Whereupon, two color photographs on one
Plaintiffs'
11 page were premarked as Exhibit
12 12 for Identification, as of this date.)
13 (Whereupon, two color photographs on one
Plaintiffs'
14 page were premarked as Exhibit
15 13 for Identification, as of this date.)
16 (Whereupon, two color photographs on one
Plaintiffs'
17 page were premarked as Exhibit
18 14 for Identification, as of this date.)
19 (Whereupon, two color photographs on one
Plaintiffs'
20 page were premarked as Exhibit
21 15 for Identification, as of this date.)
22 (Whereupon, two color photographs on one
Plaintiffs'
23 page were premarked as Exhibit
24 16 for Identification, as of this date.)
25 (Whereupon, two color photographs on one
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
10
1
Plaintiffs'
2 page were premarked as Exhibit
3 17 for Identification, as of this date.)
4 P H I L L I P S T O C K, called as a witness,
5 having been duly sworn by a Notary Public of
6 the State of New York, was examined and
7 testified as follows:
8 EXAMINATION BY
9 DANIEL SEIDEN, ESQ.:
10 Q. Please state your full name for the
11 record.
12 A. Phillip Stock.
13 Q. What is your address?
14 A. 99 Newark Street, Haverhill,
15 Massachusetts 01832.
16 Q. Good morning, Mr. Stock.
17 A. Good morning.
18 Q. My name is Daniel Seiden. I'm from the
19 law firm of Block, O'Toole & Murphy. We
20 represent the estate of Belli in this action.
21 Before we start, I just want to lay down a couple
22 of ground rules.
23 First, the court reporter is great, but
24 she can't take down nods of the head or hand
25 gestures, so please keep all your responses
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
11
1 P. Stock
2 verbal. Also, if you mean yes, say yes; if you
3 mean no, say no. Things like um-hmm are
4 difficult for her to take down, okay?
5 A. Okay.
6 Q. I don't want you to guess at anything.
7 If you approximate, that's fine, but you can't
8 guess. Do you understand the difference between
9 the two?
10 A. Yes.
11 Q. If I ask you anything that you don't
12 understand or my question is inarticulate or
13 confusing, just let me know, but if you answer
14 the question, we'll all assume that you
15 understood it, okay?
16 A. Yes.
17 Q. If you need a break for any reason, just
18 let me know, I'll be happy to accommodate you.
19 The only rule is if I've asked you a question,
20 you have to answer that question before we take
21 the break, all right?
22 A. Okay.
23 Q. Lastly, in a normal conversation, you'd
24 finish some of my sentences, I'd finish yours,
25 but we can't do that here because the court
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
12
1 P. Stock
2 reporter can only take down one voice at a time,
3 so I just ask that you let me finish my question
4 before you give an answer, and I'll give you that
5 same courtesy when you're answering, all right?
6 A. Yes.
7 Q. Also, if I talk too fast, just let me
8 know.
9 MR. SEIDEN: That goes for you as well.
10 Q. You gave prior testimony in relation to
11 this accident; is that correct?
12 A. Yes.
13 Q. That was for the grand jury?
14 A. Correct.
15 Q. That was on August 17th of 2016?
16 A. I'm not sure of the date.
17 Q. Does that sound approximately correct?
18 A. Sounds approximately correct.
19 Q. Did you give testimony one time or more
20 than one time?
21 A. One time.
22 Q. Are you currently employed?
23 A. I am.
24 Q. By whom?
25 A. Royale Limousine Coach Builders.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
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1 P. Stock
2 Q. That's Royale with an E at the end of
3 it, correct?
4 A. Correct.
5 Q. Are you familiar with Cabot Coach
6 Builders?
7 A. One in the same.
8 Q. They're the same company?
9 A. They are.
10 Q. If I said it was Cabot Coach Builders
11 doing business at Royale Limousine, would that be
12 correct?
13 A. Correct.
14 Q. In what capacity are you currently
15 employed?
16 A. Production manager.
17 Q. What does a production manager do?
18 A. Controls flow of production, controls
19 hires.
20 Q. When you say hires, what do you mean?
21 A. Manpower.
22 Q. That's for the entire company?
23 A. No. Just for the floor.
24 Q. What does the floor mean?
25 A. Where the operation of the actual build
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022
14
1 P. Stock
2 process.
3 Q. I'll say this, too, there's going to be
4 a lot of questions that we may all kind of know
5 the answer to, but we still need
Preview
FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 EXHIBIT "X" FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________---_____________________________________ SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY, STEVEN BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI, Plaintiffs, -against- Index No.: 611214/15 ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A ROYALE LIMOUSINE, 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 3 Huntington Quadrangle Melville, New York August 6, 2019 10:12 a.m. EXAMINATION BEFORE TRIAL OF CABOT COACH BUILDERS, INC D/B/A ROYALE LIMOUSINE, by PHILLIP STOCK, a Defendant herein, taken by the attorneys for the respective parties, pursuant to Court Order, held at the above time and place before Nichole Bugeja, a Stenotype Reporter and Notary Public within and for the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 2 1 A P P E A R A N C E S : 2 3 JOHN L. JULIANO, P.C. Attorney for Plaintiff Suzanne Schulman as 4 administratrix of the estate of Brittney M. Schulman, deceased 5 39 Doyle Court East Northport, New York 11731 6 BY: JONATHAN JULIANO, ESQ. 7 8 9 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 10 1415 Kellum Place, Suite 205 Garden City, New York 11530 11 BY: BRANDON CRUZ, ESQ. 12 File No.: 6230.PP 13 14 PARIS & CHAIKIN, PLLC Attorneys for Plaintiff Olga Lipets 15 14 Penn Plaza, Suite 2202 New York, New York 10122 16 BY: IAN CHAIKIN, ESQ. 17 18 19 FRANK J. LAINE, P.C. Attorney for Plaintiff Mindy Grabina A/O/E 20 Amy Grabina, and Mindy Grabina, individually 449 South Oyster Bay Road 21 Plainview, New York 11803 22 BY: FRANK J. LAINE, ESQ. 23 24 (Continued on following page) 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 3 1 A P P E A R A N C E S: (Continued) 2 3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. Attorneys for Plaintiff Steven Baruch A/O/E 4 Lauren Baruch, deceased, and Steven Baruch, individually 5 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 6 BY: ROBERT SULLIVAN, ESQ. 7 8 9 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle DiMonte 10 One Hollow Lane, Suite 107 Lake Success, New York 11042 11 BY: GARY NIELSEN, ESQ. 12 13 14 JOSEPH J. TOCK, ESQ. Attorney for Plaintiff Melissa A. Crai 15 936 Route 6 Mahopac, New York 10541 16 BY: JOSEPH J. TOCK, ESQ. 17 18 19 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Arthur A. Belli, Jr. as parent 20 and natural guardian of Stephanie Belli, deceased, and as the administrator of the 21 E/O Stephanie Belli 1 Penn Plaza, Suite 5315 22 New York, New York 10119 23 BY: DANIEL SEIDEN, ESQ. File no. 4044 24 25 (Continued on following page) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 4 1 A P P E A R A N C E S: (Continued) 2 3 BONGIORNO, MONTIGLIO & PALMIERI Attorneys for Defendants Ultimate Class 4 Limousine, Inc. and Carlos F. Pino 200 Old Country Road, Suite 680 5 Mineola, New York 11501 6 BY: NEIL PALMIERI, ESQ. 7 8 9 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 10 Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 11 Garden City, New York 11530 12 BY: DAVID TAVELLA, ESQ. File no. 0412DVM 13 14 15 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven D. Romeo 16 One CA Plaza, Suite 225 Islandia, New York 11749 17 BY: REBECCA DEVLIN, ESQ. 18 File No.: 0114.1460.001C 19 20 21 LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 22 280 Smithtown Boulevard Nesconset, New York 11767 23 BY: DAVID ARNTSEN, ESQ. 24 25 (Continued on following page) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 5 1 A P P E A R A N C E S: (Continued) 2 3 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 4 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 5 BY: VINCENT D. McNAMARA, ESQ. 6 File No. 907-4577 7 10 2cp 8 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant 9 Cabot Coach Builders, Inc. P.O. Box 2903 10 Hartford, Connecticut 06104-2903 11 BY: STEVEN STEIGERWALD, ESQ. File No. 2017024539SAS 12 13 ALSO PRESENT: 14 DAVID TEIXEIRA, ESQ., the Law Offices of Vincent D. McNamara 15 OLIVIA SEGOTA, Intern with the Law Offices of 16 Vincent D. McNamara 17 MICHAEL FRITTOLA, additional counsel for Cabot 18 Coach Builders, Inc., d/b/a Royale Limousine 19 SCOTT TAYLOR, additional counsel for Cabot Coach Builders, Inc., d/b/a Royale Limousine 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 6 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.1 OBJECTIONS AT DEPOSITIONS 3 (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 6 except in compliance with subdivision (e) of such rule. All objections made at a deposition 7 shall be noted by the officer before whom the deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject to the objections and to the right of a person 9 to apply for appropriate relief pursuant to Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every objection raised during a deposition shall be 11 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 12 request of the questioning attorney, shall include a clear statement as to any defect in 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 or by this rule, during the course of the examination, persons shall not make statements 15 or comments that interfere with the questioning. 16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE. 17 A deponent shall answer all questions at a deposition, except (i) to preserve a privilege 18 or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, 19 or (iii) when the question is plainly improper and would, if answered, cause significant 20 prejudice to any person. An attorney shall not direct a deponent not to answer except as 21 provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 22 shall be accompanied by a succinct and clear statement of the basis therefore. If a deponent 23 does not answer a question, the examining party shall have the right to complete the remainder 24 of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.3 Communication with the deponent. 3 An attorney shall not interrupt the 4 deposition for the purpose of communication with the deponent unless all parties consent or the 5 communication is made for the purpose of determining whether the question should not be 6 answered on the grounds set forth in Section 221.2 of these rules and, in such event, the 7 reason for the communication shall be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 12 all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by an between the attorneys for the respective parties 17 that a copy of this examination shall be furnished, without charge, to the attorney 18 representing the witness testifying herein. 19 * * * * 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 8 1 2 MR. SEIDEN: Let's mark these, please. 3 (Whereupon, a multipage document 4 entitled Ford North American Product Plaintiffs' 5 Development was premarked as 6 Exhibit 1 for Identification, as of this 7 date.) 8 (Whereupon, a color photograph was Plaintiffs' 9 premarked as Exhibit 2 for 10 Identification, as of this date.) 11 (Whereupon, two color photographs on one Plaintiffs' 12 page were premarked as Exhibit 3 13 for Identification, as of this date.) 14 (Whereupon, color photographs were Plaintiffs' 15 premarked as Exhibits 4 through 16 6 for Identification, as of this date.) 17 (Whereupon, photograph with the heading Plaintiffs' 18 GJ Exhibit 119Z was premarked as 19 Exhibit 7 for Identification, as of this 20 date.) 21 (Whereupon, photograph with the heading Plaintiffs' 22 GJ Exhibit 120Z was premarked as 23 Exhibit 8 for Identification, as of this 24 date.) 25 (Whereupon, two color photographs on one 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 9 1 page Plaintiffs' Exhibit 2 were premarked as 9 3 for Identification, as of this date.) 4 (Whereupon, two color photographs on one Plaintiffs' 5 page were premarked as Exhibit 6 10 for Identification, as of this date.) 7 (Whereupon, two color photographs on one Plaintiffs' 8 page were premarked as Exhibit 9 11 for Identification, as of this date.) 10 (Whereupon, two color photographs on one Plaintiffs' 11 page were premarked as Exhibit 12 12 for Identification, as of this date.) 13 (Whereupon, two color photographs on one Plaintiffs' 14 page were premarked as Exhibit 15 13 for Identification, as of this date.) 16 (Whereupon, two color photographs on one Plaintiffs' 17 page were premarked as Exhibit 18 14 for Identification, as of this date.) 19 (Whereupon, two color photographs on one Plaintiffs' 20 page were premarked as Exhibit 21 15 for Identification, as of this date.) 22 (Whereupon, two color photographs on one Plaintiffs' 23 page were premarked as Exhibit 24 16 for Identification, as of this date.) 25 (Whereupon, two color photographs on one 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 10 1 Plaintiffs' 2 page were premarked as Exhibit 3 17 for Identification, as of this date.) 4 P H I L L I P S T O C K, called as a witness, 5 having been duly sworn by a Notary Public of 6 the State of New York, was examined and 7 testified as follows: 8 EXAMINATION BY 9 DANIEL SEIDEN, ESQ.: 10 Q. Please state your full name for the 11 record. 12 A. Phillip Stock. 13 Q. What is your address? 14 A. 99 Newark Street, Haverhill, 15 Massachusetts 01832. 16 Q. Good morning, Mr. Stock. 17 A. Good morning. 18 Q. My name is Daniel Seiden. I'm from the 19 law firm of Block, O'Toole & Murphy. We 20 represent the estate of Belli in this action. 21 Before we start, I just want to lay down a couple 22 of ground rules. 23 First, the court reporter is great, but 24 she can't take down nods of the head or hand 25 gestures, so please keep all your responses 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 11 1 P. Stock 2 verbal. Also, if you mean yes, say yes; if you 3 mean no, say no. Things like um-hmm are 4 difficult for her to take down, okay? 5 A. Okay. 6 Q. I don't want you to guess at anything. 7 If you approximate, that's fine, but you can't 8 guess. Do you understand the difference between 9 the two? 10 A. Yes. 11 Q. If I ask you anything that you don't 12 understand or my question is inarticulate or 13 confusing, just let me know, but if you answer 14 the question, we'll all assume that you 15 understood it, okay? 16 A. Yes. 17 Q. If you need a break for any reason, just 18 let me know, I'll be happy to accommodate you. 19 The only rule is if I've asked you a question, 20 you have to answer that question before we take 21 the break, all right? 22 A. Okay. 23 Q. Lastly, in a normal conversation, you'd 24 finish some of my sentences, I'd finish yours, 25 but we can't do that here because the court 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 12 1 P. Stock 2 reporter can only take down one voice at a time, 3 so I just ask that you let me finish my question 4 before you give an answer, and I'll give you that 5 same courtesy when you're answering, all right? 6 A. Yes. 7 Q. Also, if I talk too fast, just let me 8 know. 9 MR. SEIDEN: That goes for you as well. 10 Q. You gave prior testimony in relation to 11 this accident; is that correct? 12 A. Yes. 13 Q. That was for the grand jury? 14 A. Correct. 15 Q. That was on August 17th of 2016? 16 A. I'm not sure of the date. 17 Q. Does that sound approximately correct? 18 A. Sounds approximately correct. 19 Q. Did you give testimony one time or more 20 than one time? 21 A. One time. 22 Q. Are you currently employed? 23 A. I am. 24 Q. By whom? 25 A. Royale Limousine Coach Builders. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 13 1 P. Stock 2 Q. That's Royale with an E at the end of 3 it, correct? 4 A. Correct. 5 Q. Are you familiar with Cabot Coach 6 Builders? 7 A. One in the same. 8 Q. They're the same company? 9 A. They are. 10 Q. If I said it was Cabot Coach Builders 11 doing business at Royale Limousine, would that be 12 correct? 13 A. Correct. 14 Q. In what capacity are you currently 15 employed? 16 A. Production manager. 17 Q. What does a production manager do? 18 A. Controls flow of production, controls 19 hires. 20 Q. When you say hires, what do you mean? 21 A. Manpower. 22 Q. That's for the entire company? 23 A. No. Just for the floor. 24 Q. What does the floor mean? 25 A. Where the operation of the actual build 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 975 RECEIVED NYSCEF: 09/02/2022 14 1 P. Stock 2 process. 3 Q. I'll say this, too, there's going to be 4 a lot of questions that we may all kind of know 5 the answer to, but we still need