Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
EXHIBIT E
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE S'fATE OF NEW YORK \j jii
COUNTY OF SUFFOLK.
---------------------------------------------------------------------------)(
SUZANNE SCHULMAN, as Administratrix of the Index #: 611214/15
ESTATE OF BRITTANY SCHULMAN, deceased,
Plaintiff,
-against- RESPONSE TO
NOTICE TO ADMIT
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants .
.................. " . , . .
..,
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The defendant, County of Suffolk, by it attorney, DENNIS M. BROWN, Suffclk County
Attorney, Christopher A. Jeffreys, Assistant County Attorney, as and for its response to the
plaintiffs Notice to Admit dated October 24,2016, alleges the following, upon information and
belief:
1, Admit.
2. Deny,
3. Denies the allegations in this paragraph, except admits that the County ofSufl(llk
performed road maintenance on County Road 48 prior to July 18,2015.
4. Admit.
5. Deny,
6. Admit.
7. Deny,
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
8. The defendant can neither admit nor deny this paragraph as it is presently phrased. '1'he
County of Suffolk performed paving of County Road 48 at or about its intersection with
Depot Lane prior to July 18, 20 I 5. ~gQ response to paragraphs 11 and 17.
9. Denies the allegations in this paragraph, except admits that the County of Suffulk
performed road repairs on County Road 48 prior to July 18,2015.
10. Deny.
II. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed road repairs on County Road 48 at or about its intersection with Depot Lane
prior to July 18,2015.
12; Denies ,the al legatiol1si n' this paragraph, 'cxcept admits that the County 0 f Suffolk'
performed road inspections of County Road 48 prior to July 18, 20 I 5.
13. Denies the allegations in this paragraph, except admits that the County of Suffolk
peri()rmed road inspections of Depot Lane for the purposes of traffic studies prior to July
18,2015.
14. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed road inspections of County Road 48 at or about its intersection with Depot
Lane prior to July 18,2015.
15. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed paving of County Road 48 prior to July 18, 2015.
16. Deny.
17. Denies the allegations in this paragraph, except admits that the County of Suffolk
performed paving of County Road 48 at or about its intersection with Depot Lane prior to
July 18,2015.
2
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
18. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of tranic signage on
County Road 48 prim' to July 18,2015.
19. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signage on
Depot Lane at its intersection with County Road 48 prior to July 18,2015.
20. Denies the allegations in this paragraph, except admits that the County of Suffolk made·
reasoned and discretionary determinations concerning the placement of traffic signage on
County Road 48 prior to July 18,201 S.
. ..
..... 21: Denies-the-allegati onsinthis-paragraph, except· admi tsthattheConnty'OfSulTolkpl aced
or directed to be placed traffic signage on County Road 48 at or about its intersection
with Depot Lane prior to July 18, 2015.
22. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signals on
County Road 48 prior to July 18, 201 S.
23. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic Jignals on
Depot Lane prior to July 18, 2015.
24. Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the placement of traffic signals on
County Road 48 at or about its intersection with Depot Lane prior to July 18,201 S.
3
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
25, Denies the allegations in this paragraph, except admits that there was no red/amber/green
traffic signal controlling the intersection of County Road 48 at or about its intersection
with Depot Lane prior to July 18,2015,
26, Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the road design of County Road 48
prior to July 18,2015,
27, Deny,
28, Denies the allegations in this paragraph, except admits that the County of Suffolk made
reasoned and discretionary determinations concerning the road dcsign of County Road 48
-ut-or-ubout its in lersecliol1withBepotLanepri ortoJuly-18; 2015,
29, Admit.
30, Admit.
DATED: Hauppauge, New York
November 4, 2016
DENNIS M, BROWN
Suffolk County Attorney
Attorney for Defendant, County
1-1,Lee Dennison Building
100 Veterans Memorial Highway
P,O, Box 6100
Hauppauge, NY 11788-0099
631-853,t 5 0
.51
~
<-I>tJ?_Â
(j;-~The ~t.JfeyS --
Asi@Pt~ouny Attorney
TO: JOHN L. JULIANO P,C,
Attorney for Plaintiff, Schulman
39 Doyle Court
East NOlihport, NY 11731
(631) 499-9300
4
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
AHMUTY DEMERS & McMANUS
Attorney for Defendant, Ultimate Class Limo and Pino
200 l. U. Willets Road
Albertson, New York 11507
(516) 294-5433
LEWIS JOHS AVALLONE AVILES LLP
Attorney for Defendant, Romeo
One CA Plaza
Suite 225
Islandia, NY 11749
(631) 755-0101
CASCONE & KLUEPFEL LLP
Attorneys for defendant, Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
..................... Ga:nJenCity;NewYarlcl1··:l30····
(516) 747-1990
DEVITT SPELLMAN & BARRETT LLP
Attorney for Defendant, Town of Southold
50 Route 111
Smithtown, NY 11788
(631) 724-8833
Courtesy Copies Sent To:
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff, Arundel
1415 Kellum Place, Suite 205
Garden City, New York 11530
516-741-4170
SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO P.C.
Attorneys for Plaintiff, Baruch
1140 Franklin Avenue, Suite 200
Garden City, NY 11530
516-742-0707
5
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
STATE OF NEW YORK: COUNTY OF SUFFOLK
Christopher A. Jeffreys, Esq., an attorney admitted to practice in the Courts of the State
of New York, affirms that the following statements are true under penalties of peljury:
Deponent is an Assistant County Attorney for the County of Suffolk, and as such, make
this verification pursuant to CPLR § 3020(d)(2). Deponent has read the foregoing Response to
Notice to Admit, knows the contents thereof, and that the same is true to deponent's own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge
are as follows: statements of the defendant, office records, and deponent's general investigation
into the facts of this case.
DATED: Hauppauge, New York
November 4, 2016
Assistant County Attorney
7
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
Index No. 61 1214/20 15
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
SUZANNE SCHULMAN, AS ADMIN ISTRATRJX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,
Plaintiff,
-against-
ULTIMATE CLASS LI MOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERV ICE, INC., STEVEN
ROMEO, TOWN or SOUTHOLD and COUNTY OF SUFFOLK,
Defendants.
RESPONSE TO NOTICE TO ADI (lIT
Dennis M. Brown
Suffo lk County Attorney
By: Christop her A. Jeffreys
Assistant County Attorney
Attorney fo r Defendant
County of Suffo lk
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6 100
Hauppauge, New York 11 788-0099
(63 1) 853-4049
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
m 1 20
COUNTY OF SUFFOLK
------..--------------------------------------..Ç
SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, Index No.: 611214/15
Plaintiff,
NOTICE TO ADMIT
(E-FILE CASE)
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
------------------------------------------------------X
TO: Defendant, COUNTY OF SUFFOLK:
Pursuant to the Civil Practice Law and Rules § 3123 and within twenty (20) days after
service of this notice, the Plaintiff, SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, hereby requests you to admit, for
purposes of this action only and subject to all pertinent objections to admissibility which may be
interposed at the time of trial,the truth of the following matters of fact:
1. That the defendant, COUNTY OF SUFFOLK, was the owner of CR 48, Town of
Southold County of Suffolk State of New York prior to and on July 18, 2015.
2. That the defendant, COUNTY OF SUFFOLK, was the owner of Depot Lane,
Town of Southold County of Suffolk State of New York prior to and on July 18, 2015.
3. That the defendant, COUNTY OF SUFFOLK, its agents servants and employees,
performed road maintenance and/or maintained CR 48, Town of Southold County of Suffolk
State of New York prior to and on July 18, 2015.
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. . . .
4. That the defendant, COUNTY OF SUFFOLK, managed, supervised and/or
controlled CR 48, Town of Southold County of Suffolk State of New York prior to and on July
18, 2015.
5. That the defendant, COUNTY OF SUFFOLK, managed, supervised and/or
controlled Depot Lane, Town of Southold County of Suffolk State of New York prior to and on
July 18, 2015.
6. That the defendant, COUNTY OF SUFFOLK, managed, supervised and/or
controlled CR 48 at or about its intersection with of Depot Lane, Town of Southold County of
Suffolk State of New York prior to and on July 18, 2015.
7. That the defendant, COUNTY OF SUFFOLK, itsagents servants and employees,
performed road maintenance and/or maintained Depot Lane, Town of Southold County of
Suffolk State of New York prior to and on July 18, 2015.
8. That the defendant, COUNTY OF SUFFOLK, itsagents servants and employees,
performed road maintenance and maintained CR 48 at or about its intersection with of Depot
Lane, Town of Southold County of Suffolk State of New York prior to and on July 18, 2015.
9. That the defendant, COUNTY OF SUFFOLK, itsagents servants and employees,
performed road repairs, necessary or otherwise, on CR 48 Town of Southold County of Suffolk
State of New York prior to and on July 18, 2015.
10. That the defendant, COUNTY OF SUFFOLK, itsagents servants and employees,
performed road repairs, necessary or otherwise, on Depot Lane, Town of Southold County of
Suffolk State of New York prior to and on July 18, 2015.
11. That the defendant, COUNTY OF SUFFOLK, itsagents servants and employees,
performed road repairs, necessary or otherwise, on CR 48 at or about itsintersection with of
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
Depot Lane, Town of Southold County of Suffolk State of New York prior to and on July 18,
2015.
12. That the defendant, COUNTY OF SUFFOLK, its agents servants and employees,
performed road inspections of CR 48 Town of Southold County of Suffolk State of New York
prior to and on July 18, 2015.
13. That the defendant, COUNTY OF SUFFOLK, its agents servants and employees,
performed road inspections of Depot Lane Town of Southold County of Suffolk State of New
York prior to and on July 18, 2015.
14. That the defendant, COUNTY OF SUFFOLK, its agents servants and employees,
performed road inspections on CR 48 at or about itsintersection with of Depot Lane, Town of
Southold County of Suffolk State of New York prior to and on July 18, 2015.
15. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees, performed paying of CR 48, Town of Southold County of
Suffolk State of New York.
16. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees, performed paying of Depot Lane, Town of Southold County of
Suffolk State of New York.
17. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees, performed paying of CR 48 at or about its intersection with of
Depot Lane, Town of Southold County of Suffolk State of New York.
18. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the
placement traffic signage on CR 48 Town of Southold County of Suffolk State of New York.
3
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.
19. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the
placement traffic signage on Depot Lane, Town of Southold County of Suffolk State of New
York.
20. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the
placement traffic signage on CR 48 at or about its intersection with of Depot Lane, Town of
Southold County of Suffolk State of New York.
21. That the defendant, COUNTY OF SUFFOLK, its agents servants and employees,
placed or directed to be placed traffic signage on CR 48 ator about itsintersection with of Depot
Lane, Town of Southold County of Suffolk State of New York on or before July 18, 2015.
22. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the
placement of traffic signals on CR 48 Town of Southold County of Suffolk State of New York.
23. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the
placement of traffic signals on Depot Lane, Town of Southold County of Suffolk State of New
York.
24. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the
placement of traffic signals on CR 48 at or about its intersection with of Depot Lane, Town of
Southold County of Suffolk State of New York.
4
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25. That on or before July 18, 2015, there was no traffic signal controlling traffic at
the intersection of CR 48 at or about itsintersection with of Depot Lane, Town of Southold
County of Suffolk State of New York.
26. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the road
design of CR 48 Town of Southold County of Suffolk State of New York.
27. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the road
design of Depot Lane, Town of Southold County of Suffolk State of New York.
28. That on or before July 18, 2015, the defendant, COUNTY OF SUFFOLK, its
agents servants and employees was responsible for and/or made decisions concerning the road
design of CR 48 at or about its intersection with of Depot Lane, Town of Southold County of
Suffolk State of New York.
29. That there were motor vehicle accidents on CR48 at or near the intersection of CR
48 and Depot Lane in the Town of Southold County of Suffolk State of New York, prior to July
18, 2015.
30. That the defendant, COUNTY OF SUFFOLK, performed a traffic stud(ies) at or
near the intersection of CR 48 and Depot Lane in the Town of Southold County of Suffolk State
5
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
. .
of New York prior to July 18, 2015.
Dated: East Northport, New York
October 24, 2016
L. JUL NO, P.C.
Atto or P aintif Suzanne
Schu man, as Administratrix of
·~- state M. Schulman,
of Brittney
deceased.
39 Doyle Court
East Northport, New York 11731
(631) 499-9300
TO:
DENNIS M. BROWN
Attorney for Defendant, County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, NY 11788
DEVITT SPELLMAN BARRETT, LLP
Attorney for Defendant, Town of Southold
50 Route 111
Smithtown, NY 11787
AHMUTY, DEMERS & McMANUS
Attorney for Defendants, Carlos Pino
and Ultimate Class Limousine Inc.
200 I.U. Willets Road
Albertson, NY 11507
CASCONE & KLUEPFEL, LLP
Attorney for Defendant
Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
LEWIS JOHS AVALLONE AVILES LLP
Attorney for Defendant, Steven Romeo
One CA Plaza, Suite 225
Islandia, New York 11749
6
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NYSCEF DOC. NO. 1011 . RECEIVED NYSCEF: 09/06/2022
.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/15
.------...-----------------------------..-----------X
SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,
Plaintiff, AFFIDAVIT OF SERVICE
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
----------..----------------------------------------Ç
State of New York)
ss.)
County of Suffolk)
Christopher Martinson, being duly sworn, deposes and says as follows:
I am not a party to the within action, I am at least (18) years of age and reside in Lake
Grove, New York,
That on October 24, 2016, I served the within Notice to Admit upon:
DENNIS M. BROWN
Attorney for Defendant, County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, NY 11788
DEVITT SPELLMAN BARRETT, LLP
Attorney for Defendant, Town of Southold
50 Route 111
Smithtown, NY 11787
1
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NYSCEF DOC. NO. 1011 RECEIVED NYSCEF: 09/06/2022
AHMUTY, DEMERS & McMANUS
Attorney for Defendants, Carlos Pino
and Ultimate Class Limousine Inc.
200 I.U. Willets Road
Albertson, NY 11507
CASCONE & KLUEPFEL, LLP
Attorney for Defendant
Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
LEWIS JOHS AVALLONE AVILES LLP
Attorney for Defendant, Steven Romeo
One CA Plaza, Suite 225
Islandia, New York 11749
by depositing a true copy thereof in a post-paid, properly addressed envelope in an official
depository under the exclusive care and custody of the U.S. Postal Service within New York
State.
Christopher Martinson
Sworn to before me on
October 24, 2016
T Y PUBLI
BERNADETTE BALBOA
Notary Public,5-.: of New York
No. 01bA5u37034
Qualii.od inSuffolk Cour
Comm:cwon Exoires Desamber 1 00
2
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NYSCEF DOC. NO. 1011 MeRECEIVED
o. m2M-MNYSCEF: 09/06/2022
SUPREME COURT, 1 ,
STATE OF NEW YORK, COUNTY OF SUFFOLK
Index No. Year 20
SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE .
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,
Plaintiff,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
NOTICE TO ADMIT
JOHN L. JULIANO, P.C.
Attorney(s)for
Officeand Post OfficeAddress,Telephone
HILLSIDE BUILDING
39 Doyle Court
EAST NORTHPORT, NEW YORK 11731
Telephone (631) 499-9300
Fax # (631) 462-2532
Service of a copy of the within
To is hereby admitted.
Dated:..-....................-...............20..-....
...............................................................--
Attorney(s) for
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certiñed) true copy of a
entered in the office of the clerk of the within named court on 20
duly
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court, at
on 20 at M.
Dated,
Yours, etc.
JOHN L. JULIANO, P.C.