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FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1013 RECEIVED NYSCEF: 09/06/2022
EXHIBIT G
FILED: SUFFOLK COUNTY CLERK 06/17/2019
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PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 474
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D : SUFFOLK COUNTY CLERK 03/02 /2017 02 : 45 P1W)
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index Nos.: 611214/15
------------------------- ------------------------X 609082/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16
GRAB1NA, AS ADMINISTRATRIX OF THE ESTATE 607598/16
OF AMY GRABINA, AND MINDY GRABINA, 001831/16
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED,
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs, AMENDED COMPLAINT
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, (E-FILE CASE)
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
Plaintiff, by her attorney, JOHN L. JULIANO, P.C., complaining of the defendants
herein alleges as follows:
THE PARTIES
1. On or about July 18, 2015, Brittney M. Schulman, died a resident of the County
of Suffolk, State ofNew York.
2. On or about August 5, 2015, Suzanne Schulman was duly appointed
Administratrix of the Estate of Brittney M. Schniman, deceased, by the Surrogate's Court,
County of Suffolk, State of New York.
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3. Letters of Administration were issued to Suzanne Schulmm and said plaintiff was
duly qualified and is now acting as such Administratrix.
4. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Ultimate Class Limousine, Inc., was and still
is a corporation or other business entity duly
authorized, existing and doing business under and by virtue of the laws of the State of New
York.
5. Upon infonnation and belief, at alltimes hereinafter mentioned, the defendant,
Carlos Pino, was and stillis a resident of the County of Nassau, State of New York.
6. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Romeo Dimon Marine Service, Inc., was and stillis a corporation or other business entity duly
authorized, existing and doing business under and by virtue of the laws of the State of New
York.
7. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Steven Romeo, was and stillis a resident of the County of Suffolk, State of New York.
8. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Town of Southold, was and stillis a municipal corporation or other municipal entity duly
authorized, existing and operating under and by virtue of the laws of the State of New York.
9. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
County of Suffolk, was and stillis a municipal corporation or other municipal entity duly
authorized, existing and operating under and by virtue of the laws of the State of New York.
10. Upon information and belief, at alltimes hereinafter mentioned, the defendant,
Cabot Coach Builders, Inc., d/b/a Royale Limousine, was and stillis a foreign corporation duly
organized and existing under and by virtue of the laws of the State of Massachusetts, duly
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authorized to do business and engaged in the transaction thereof in the State of New York. The
defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine has designated the Secretary of
State of the State of New York as its agent for the service of process.
11. Upon information and belief, at alltimes hereinafter mentioned, the defendants,
1-5"
"XYZ Companies name being fictitious but intending to be the remanufacturers,
distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the
collision (hereinafter referred to as "XYZ Companies 1-5"), were and stillare corporations or
other bminess entities duly authorized and transacting business under and by virtue of the laws
of the State of New York.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE
DEFENDANTS: ULTIMATE CLASS LIMOUSINE, INC.,
CARLOS PINO, ROMEO DIMON MARINE SERVICE,
_INC, and STEVEN ROMEO
12. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"l" "11"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
13. Upon information and belief and at alltimes herein mentioned, the defendant,
Ultimate Class Limousine, Inc., was the owner of a 2007 Lincoln Town Car stretch limousine
motor vehicle bearing New York State plate registration number N102124C.
14. At all times herein mentioned, the defendant, Carlos Pino, was operating the
aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate
registration number N102124C with the permission and the consent of itsowner, the defendant,
Ultimate Class Limousine, Inc.
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15. Upon infonnation and belief and at alltimes hereinafter mentioned, the defendant,
Romeo Dimon Marine Service, Inc., was the owner of a 2005 Dodge motor vehicle bearing New
York State plate registration number EFC3050.
16. At alltimes herein mentioned, the defendant, Steven Romeo, was operating the
aforesaid 2005 Dodge motor vehicle bearing New York State plate registration number FC3050,
with the permission and consent of its owner, the defendant, Romeo Dimon Marine Service, Inc.
17. On July 18, 2015, the plaintiff's decedent, Brittney M. Schulman, was a lawful
passenger in the aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New
York State plate registration number N 102124C which was then and there being operated by the
defendant, Carlos Pino.
18. On July 18, 2015, on a public highway known as Middle Road (County Road 48)
at its intersection with Depot Lane located in the Hamlet of Cutchogue, Town of Southold,
County of Suffolk, State of New York, the defendants, Ultimate Class Limousine, Inc., Carlos
Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, were so negligent, careless and
reckless in the ownership, management, operation, and control of their motor vehicles so as to
cause them to collide with each other.
19. As a result of the negligence and carelessness of the defendants, Ultimate Class
Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc.,and Steven Romeo, as
aforesaid, the plaintiffs decedent, Brittney M. Schulman, sustained and suffered serious and
severe personal injuries, conscious pain and suffering and death as defined in subsection (d)
of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater
than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of
the State of New York.
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20. This action fallswithin the exception set forth in Civil Practice Law and Rules,
Section 1602(6).
21. As a result of the negligence of the defendants as aforesaid, the plaintiffs
decedent, Brittney M. Schulman, suffered conscious pain and suffering and death.
22. As a result of the negligence of the defendants as aforesaid, the plaintiff has been
damaged in the sum which exceeds the jurisdictional limits of allother courts which would
otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION SOLELY
AGAINST THE DEFENDANT, ULTIMATE CLASS
LIMOUSINE, INC.
23. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"l" "22"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
24. The defendant, Ultimate Class Limousine, Inc.,having ownership and control
over the aforesaid limousine motor vehicle bearing New York State plate registration number
N102124C being operated by the defendant, Carlos Pino, negligently entrusted itto defendant,
Carlos Pino, who the defendant, Ultimate Class Limousine, Inc., knew, or in the exercise of
ordinary care should have known, was incompetent to operate it.
25. The defendant, Ultimate Class Limousine, Inc., failed to investigate the driving
record of the defendant, Carlos Pino, before allowing him to operate the limousine motor vehicle
which was owned and controlled by the defendant, Ultimate Class Limousine, Inc.
26. The defendant, Ultimate Class Limousine, Inc., allowed the aforesaid limousine
motor vehicle owned and controlled by itto be operated by an incompetent, negligent and
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dangerous driver who the defendant, Ultimate Class Limousine, Inc., knew or should have
known by the use of ordinary care was incompetent to properly and safely operate it.
27. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the
driving record of the defendant, Carlos Pino.
28. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the
ability of the defendant, Carlos Pino, to operate a limousine motor vehicle.
29. The defendant, Ultimate Class Limousine, Inc., violated Section 388 of the New
York State Vehicle and Traffic Law.
30. Defendant, Ultimate Class Limousine, Inc., negligently entrusted the aforesaid
Lincoln limousine motor vehicle bearing New York State plate registration number N102124C to
the defendant, Carlos Pino.
31. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M.
Schulman, was personally injured and suffered serious injuries and death as defined in
subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic
loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the
Insurance Law of the State of New York.
32. As a result of the negligence of the defendant, Ultimate Class Limousine, Inc., as
aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all
other courts which would otherwise have jurisdiction.
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AS AND FOR A THIRD CAUSE OF ACTION SOLEY
AGAINST THE DEFENDANT, ROMEO DIMON MARINE
SERVICE. INC.
33. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"1" "32"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
34. The defendant, Romeo Dimon Marine Service, Inc., having ownership and control
over the 2005 Dodge motor vehicle bearing New York State plate registration number FC3050
and being operated by the defendant, Steven Romeo, negligently entrusted itto the defendant,
Steven Romeo, who the defendant, Romeo Dimon Marine Service, Inc., knew, or in the exercise
of ordinary care should have known, was incompetent to operate it.
35. The defendant, Romeo Dimon Marine Service, Inc., failed to investigate the
driving record of the defendant, Steven Romeo, before allowing him to operate the motor vehicle
which was owned and controlled by it.
36. The defendant, Romeo Dimon Marine Service, Inc.,allowed the motor vehicle
owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver
who the defendant, Romeo Dimon Marine Service, Inc., knew or should have known by the use
of ordinary care was incompetent to properly operate it.
37. The defendant, Romeo Dimon Marine Service, Inc.,failed to supervise and
review the driving record of the defendant, Steven Romeo.
38. The defendant, Romeo Dimon Marine Service, Inc.,failed to supervise and
review the ability of the defendant, Steven Romeo, to properly operate the motor vehicle owned
by thedefendant, Romeo Dimon Marine Service, Inc.
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39. The defendant, Romeo Dimon Marine Service, Inc., violated Section 388 of the
New York State Vehicle and Traffic Law.
40. Defendant, Romeo Dimon Marine Service, Inc.,negligently entrusted the
aforesaid 2005 Dodge motor vehicle, bearing New York State plate registration number
EFC3050 to the defendant, Steven Romeo.
41. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M.
Schulman, was personally injured and suffered serious injuries and death as defined in
subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic
loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the
Insurance Law of the State of New York.
42. As a result of the negligence of the defendant, Romeo Dimon Marine Service,
Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional
limits of allother courts which would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
THE DEFENDANT. TOWN OF SOUTHOLD
43. Plaintiff repeats, reiterates, and realleges each and every allegation set forth in
1" "42"
paragraphs through of the verified complaint with the same force and effect as if fully
set forth at length herein.
44. At alltimes hereinafter mentioned, the defendant, Town of Southold, either
owned, leased, maintained and/or otherwise controlled a public highway know as Middle Road
(Route 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County
of Suffolk, State of New York.
45. The serious personal injuries and death sustained by the decedent, Brittney M.
Schulman, as aforesaid were contributed to by the defendant, Town of Southold, when the
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limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and operated
by the defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at its
intersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New
York, and collided with the 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon
Marine Service, Inc., and negligently operated by the defendant, Steven Romeo, at a high rate of
speed.
46. Upon infonnation and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was on notice that the said intersection of Middle Road (Route 48)
with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was
hazardous and dangerous to persons and vehicles driving on these roadways.
47. Upon infonnation and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was on notice that there were and a number of prior incidents and
collisions at the said intersection of Middle Road (County Road 48) with Depot Lane,
Cutchogue, Town of Southold, County of Suffolk, State of New York.
48. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, Town of Southold, was aware of the dangerous and hazardous condition of the
aforesaid roadways and failed to take any action to rectify the said intersections dangerous and
hazardous condition and to make the intersections safe for those members of the public who used
the roadways.
49. The aforesaid collision was contributed to by the defendant, Town of Southold's
negligence in failing to properly design, construct, and/or maintain the aforesaid roadway, and in
failing to install the proper traffic control device(s), including but not limited to traffic lights,
proper traffic warning signage and devices.
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50. As a result of the negligence and carelessness of the defendants as aforesaid and
the defendant, Town of Southold, contributing thereto, the plaintiffs decedent, Brittney M.
Schulman, suffered serious and severe personal injuries, conscious pain and suffering and death
and sustained serious personal injuries as defined in subsection (d) of Section 5102 of the
Insurance Law of the State of New York and/or economic loss greater than basic economic loss
as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York.
51. This action falls within the exception set forth in Civil Practice Law and Rules,
Section 1602(6).
52. As a result of the negligence of the defendants as aforesaid, the plaintiff s
decedent, Brittney M. Schulman, suffered conscious pain and suffering and death.
53. On or about August 19, 2015, within ninety (90) days after the claim alleged
herein arose, a written Notice of Claim was served upon defendant, Town of Southold, pursuant
to Section 50-e of the General Municipal Law.
54. That more than thirty (30) days have elapsed since the date of the said service of
the said Notice of Claim and the defendant, Town of Southold, has neglected and refused to
make payment of the aforesaid claim.
55. This action was served within one year and ninety (90) days from the date of the
occurrence.
56. As a result of the negligence of the defendants as aforesaid, the plaintiff has been
damaged in the sum which exceeds the jurisdictional limits of all other courts which would
otherwise have jurisdiction.
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AS AND FOR A FIFTH CAUSE OF ACTION AGAINST
THE DEFENDANT1COUNTY OF SUFFOLK
57. Plaintiff repeats, reiterates, and realleges each and every allegation set forth i n
" "56"
paragraphs "1 through of the verified complaint with the same force and effect as if fully
set forth at length herein.
58. Upon information and belief, at all times hereinafter mentioned, the defendant,
County of Suffolk, either owned, leased, maintained and/or otherwise controlled a public
highway know as Middle Road (County Road 48) at itsintersection with Depot Lane located in
Cutchogue, Town of Southold, County of Suffolk, State of New York.
59. The serious personal injuries and death sustained by thedecedent, Brittney M.
Schuhnan, were contributed to by the defendant, County of Suffolk, when as aforesaid, the
limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and
negligently operated by the defendant, Carlos Pino, made a U-tum on Middle Road (County
Road 48) at itsintersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk,
State of New York, and collided with the aforesaid 2005 Dodge motor vehicle owned by the
defendant, Romeo Dimon Marine Service, Inc., and negligently operated at a high rate of speed
by the defendant, Steven Romeo.
60. Upon information and belief, and at times prior to the aforesaid collision, the
defendant, County of Suffolk, was on notice that the said intersection of Middle Road (County
Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New
York, was hazardous and dangerous to persons and vehicles driving thereon and a number of
prior incidents and collisions had taken place at the said intersection.
61. Upon infonnation and belief, and at times prior to the aforesaid collision, the
defendant, County of Suffolk, was aware of the dangerous and hazardous condition of the
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aforesaid roadways and failed to take any action to rectify the known dangerous and hazardous
conditions thereon and make the said roadways and intersections safe for members of the public
who used the roadways and intersections.
62. The aforesaid collision was contributed to by the defendant, County of Suffolk's
negligence in failing to properly design, construct, and maintain the aforesaid roadways and
intersections, and in failing to install the proper traffic control device(s), including but not
limited to traffic lights, and proper trafficwarning signage and devices.
63. As a resultof the negligence and carelessness of allof the defendants as aforesaid
and the defendant, County of Suffolk, contributing thereto, the plaintiffs decedent, Brittney M.
Schulman, suffered serious and severe personal injuries, conscious pain and suffering and
death as defined in smbsection (d) of Section 5102 of the Insurance Law of the State of New
York and/or economic loss greater than basic economic loss as defimed in subsection (a) of
Section 5102 of the Insurance Law of the State of New York.
64. This action falls within the exception set forth in Civil Practice Law and Rules,
Section 1602(6).
65. As a resultof the negligence of all of the defendants as aforesaid, the plaintiffs
decedent, Brittney M. Schulman, suffered conscious pain and suffering and death.
66. On or about August 19, 2015, within ninety (90) days after the claim alleged
herein arose, a written Notice of Claim was served upon defendant, County of Suffolk, pursuant
to Section 50-e of the General Municipal Law.
67. That more than thirty (30) days have elapsed since the date of the said service of
t he said Notice of Claim and the defendant, County of Suffolk, has neglected and refused to
make payment of the aforesaid claim.
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68. This action was served within one year and ninety (90) days from the date of the
occurrence.
69. As a result of the negligence of the defendants as aforesaid, the plaintiff has been
damaged in the sum which exceeds the jurisdictional limits of all other courts which would
otherwise have jurisdiction.
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST
THE DEFENDANTS: CABOT COACH BUILDERS, INC.,
D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS
1-5"
LIMOUSINE, INC. and "XYZ COMPANIES
70. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
"1" "69"
Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1013 RECEIVED NYSCEF: 09/06/2022 EXHIBIT G FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 D : SUFFOLK COUNTY CLERK 03/02 /2017 02 : 45 P1W) NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index Nos.: 611214/15 ------------------------- ------------------------X 609082/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16 M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16 GRAB1NA, AS ADMINISTRATRIX OF THE ESTATE 607598/16 OF AMY GRABINA, AND MINDY GRABINA, 001831/16 INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, AMENDED COMPLAINT -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, (E-FILE CASE) 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 Plaintiff, by her attorney, JOHN L. JULIANO, P.C., complaining of the defendants herein alleges as follows: THE PARTIES 1. On or about July 18, 2015, Brittney M. Schulman, died a resident of the County of Suffolk, State ofNew York. 2. On or about August 5, 2015, Suzanne Schulman was duly appointed Administratrix of the Estate of Brittney M. Schniman, deceased, by the Surrogate's Court, County of Suffolk, State of New York. 1 1 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 KLED SUFFOLK COUNTY CLERK 03/02/2017 02: 45 Pli NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 3. Letters of Administration were issued to Suzanne Schulmm and said plaintiff was duly qualified and is now acting as such Administratrix. 4. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Ultimate Class Limousine, Inc., was and still is a corporation or other business entity duly authorized, existing and doing business under and by virtue of the laws of the State of New York. 5. Upon infonnation and belief, at alltimes hereinafter mentioned, the defendant, Carlos Pino, was and stillis a resident of the County of Nassau, State of New York. 6. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Romeo Dimon Marine Service, Inc., was and stillis a corporation or other business entity duly authorized, existing and doing business under and by virtue of the laws of the State of New York. 7. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Steven Romeo, was and stillis a resident of the County of Suffolk, State of New York. 8. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Town of Southold, was and stillis a municipal corporation or other municipal entity duly authorized, existing and operating under and by virtue of the laws of the State of New York. 9. Upon information and belief, at alltimes hereinafter mentioned, the defendant, County of Suffolk, was and stillis a municipal corporation or other municipal entity duly authorized, existing and operating under and by virtue of the laws of the State of New York. 10. Upon information and belief, at alltimes hereinafter mentioned, the defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine, was and stillis a foreign corporation duly organized and existing under and by virtue of the laws of the State of Massachusetts, duly 2 2 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 (F1LED : SUFFOLK COUNTY CL_ERK 03/02/2017 02: 45 PM) NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 authorized to do business and engaged in the transaction thereof in the State of New York. The defendant, Cabot Coach Builders, Inc., d/b/a Royale Limousine has designated the Secretary of State of the State of New York as its agent for the service of process. 11. Upon information and belief, at alltimes hereinafter mentioned, the defendants, 1-5" "XYZ Companies name being fictitious but intending to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision (hereinafter referred to as "XYZ Companies 1-5"), were and stillare corporations or other bminess entities duly authorized and transacting business under and by virtue of the laws of the State of New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS: ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, _INC, and STEVEN ROMEO 12. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "l" "11" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 13. Upon information and belief and at alltimes herein mentioned, the defendant, Ultimate Class Limousine, Inc., was the owner of a 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate registration number N102124C. 14. At all times herein mentioned, the defendant, Carlos Pino, was operating the aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate registration number N102124C with the permission and the consent of itsowner, the defendant, Ultimate Class Limousine, Inc. 3 3 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 (FILED : SUFFOI COUNTY CLERK 03/02/2017 02: 45 P NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 15. Upon infonnation and belief and at alltimes hereinafter mentioned, the defendant, Romeo Dimon Marine Service, Inc., was the owner of a 2005 Dodge motor vehicle bearing New York State plate registration number EFC3050. 16. At alltimes herein mentioned, the defendant, Steven Romeo, was operating the aforesaid 2005 Dodge motor vehicle bearing New York State plate registration number FC3050, with the permission and consent of its owner, the defendant, Romeo Dimon Marine Service, Inc. 17. On July 18, 2015, the plaintiff's decedent, Brittney M. Schulman, was a lawful passenger in the aforesaid 2007 Lincoln Town Car stretch limousine motor vehicle bearing New York State plate registration number N 102124C which was then and there being operated by the defendant, Carlos Pino. 18. On July 18, 2015, on a public highway known as Middle Road (County Road 48) at its intersection with Depot Lane located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York, the defendants, Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., and Steven Romeo, were so negligent, careless and reckless in the ownership, management, operation, and control of their motor vehicles so as to cause them to collide with each other. 19. As a result of the negligence and carelessness of the defendants, Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc.,and Steven Romeo, as aforesaid, the plaintiffs decedent, Brittney M. Schulman, sustained and suffered serious and severe personal injuries, conscious pain and suffering and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 4 4 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214 /2015 FILED : SUFFOLK COUNTY 'CLERK 03/02/2017 02:45 PM| NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 20. This action fallswithin the exception set forth in Civil Practice Law and Rules, Section 1602(6). 21. As a result of the negligence of the defendants as aforesaid, the plaintiffs decedent, Brittney M. Schulman, suffered conscious pain and suffering and death. 22. As a result of the negligence of the defendants as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of allother courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION SOLELY AGAINST THE DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC. 23. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "l" "22" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 24. The defendant, Ultimate Class Limousine, Inc.,having ownership and control over the aforesaid limousine motor vehicle bearing New York State plate registration number N102124C being operated by the defendant, Carlos Pino, negligently entrusted itto defendant, Carlos Pino, who the defendant, Ultimate Class Limousine, Inc., knew, or in the exercise of ordinary care should have known, was incompetent to operate it. 25. The defendant, Ultimate Class Limousine, Inc., failed to investigate the driving record of the defendant, Carlos Pino, before allowing him to operate the limousine motor vehicle which was owned and controlled by the defendant, Ultimate Class Limousine, Inc. 26. The defendant, Ultimate Class Limousine, Inc., allowed the aforesaid limousine motor vehicle owned and controlled by itto be operated by an incompetent, negligent and 5 5 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 611214 MED : SUFFOLK COUNTY CLERK 03/02/2017 02: 45 PM) INDEX NO. /2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 dangerous driver who the defendant, Ultimate Class Limousine, Inc., knew or should have known by the use of ordinary care was incompetent to properly and safely operate it. 27. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the driving record of the defendant, Carlos Pino. 28. The defendant, Ultimate Class Limousine, Inc., failed to supervise and review the ability of the defendant, Carlos Pino, to operate a limousine motor vehicle. 29. The defendant, Ultimate Class Limousine, Inc., violated Section 388 of the New York State Vehicle and Traffic Law. 30. Defendant, Ultimate Class Limousine, Inc., negligently entrusted the aforesaid Lincoln limousine motor vehicle bearing New York State plate registration number N102124C to the defendant, Carlos Pino. 31. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M. Schulman, was personally injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 32. As a result of the negligence of the defendant, Ultimate Class Limousine, Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. 6 6 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 FILED : SUFFOLK COUNTY CLERK 03/02¯/2017 02: 45 P NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 AS AND FOR A THIRD CAUSE OF ACTION SOLEY AGAINST THE DEFENDANT, ROMEO DIMON MARINE SERVICE. INC. 33. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "1" "32" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 34. The defendant, Romeo Dimon Marine Service, Inc., having ownership and control over the 2005 Dodge motor vehicle bearing New York State plate registration number FC3050 and being operated by the defendant, Steven Romeo, negligently entrusted itto the defendant, Steven Romeo, who the defendant, Romeo Dimon Marine Service, Inc., knew, or in the exercise of ordinary care should have known, was incompetent to operate it. 35. The defendant, Romeo Dimon Marine Service, Inc., failed to investigate the driving record of the defendant, Steven Romeo, before allowing him to operate the motor vehicle which was owned and controlled by it. 36. The defendant, Romeo Dimon Marine Service, Inc.,allowed the motor vehicle owned and controlled by itto be operated by an incompetent, negligent, and dangerous driver who the defendant, Romeo Dimon Marine Service, Inc., knew or should have known by the use of ordinary care was incompetent to properly operate it. 37. The defendant, Romeo Dimon Marine Service, Inc.,failed to supervise and review the driving record of the defendant, Steven Romeo. 38. The defendant, Romeo Dimon Marine Service, Inc.,failed to supervise and review the ability of the defendant, Steven Romeo, to properly operate the motor vehicle owned by thedefendant, Romeo Dimon Marine Service, Inc. 7 7 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 . INDEX NO. 611214/2015 SUFFOLK COUNTY CLERK 03/02/2017 02 : 45 PM NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 39. The defendant, Romeo Dimon Marine Service, Inc., violated Section 388 of the New York State Vehicle and Traffic Law. 40. Defendant, Romeo Dimon Marine Service, Inc.,negligently entrusted the aforesaid 2005 Dodge motor vehicle, bearing New York State plate registration number EFC3050 to the defendant, Steven Romeo. 41. By reason of the said negligent entrustment, plaintiffs decedent, Brittney M. Schulman, was personally injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 42. As a result of the negligence of the defendant, Romeo Dimon Marine Service, Inc., as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of allother courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE DEFENDANT. TOWN OF SOUTHOLD 43. Plaintiff repeats, reiterates, and realleges each and every allegation set forth in 1" "42" paragraphs through of the verified complaint with the same force and effect as if fully set forth at length herein. 44. At alltimes hereinafter mentioned, the defendant, Town of Southold, either owned, leased, maintained and/or otherwise controlled a public highway know as Middle Road (Route 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County of Suffolk, State of New York. 45. The serious personal injuries and death sustained by the decedent, Brittney M. Schulman, as aforesaid were contributed to by the defendant, Town of Southold, when the 8 8 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 (FILED : SUFFOLK COUNTY CLERK 03/02/2017 02: 45 PM) NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and operated by the defendant, Carlos Pino, made a U-turn on Middle Road (County Road 48) at its intersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and collided with the 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and negligently operated by the defendant, Steven Romeo, at a high rate of speed. 46. Upon infonnation and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was on notice that the said intersection of Middle Road (Route 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and dangerous to persons and vehicles driving on these roadways. 47. Upon infonnation and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was on notice that there were and a number of prior incidents and collisions at the said intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. 48. Upon information and belief, and at times prior to the aforesaid collision, the defendant, Town of Southold, was aware of the dangerous and hazardous condition of the aforesaid roadways and failed to take any action to rectify the said intersections dangerous and hazardous condition and to make the intersections safe for those members of the public who used the roadways. 49. The aforesaid collision was contributed to by the defendant, Town of Southold's negligence in failing to properly design, construct, and/or maintain the aforesaid roadway, and in failing to install the proper traffic control device(s), including but not limited to traffic lights, proper traffic warning signage and devices. 9 9 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 FILED : SUFFOLK COUNTY CLERK 03/02/2017 02: 45 PM| NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 50. As a result of the negligence and carelessness of the defendants as aforesaid and the defendant, Town of Southold, contributing thereto, the plaintiffs decedent, Brittney M. Schulman, suffered serious and severe personal injuries, conscious pain and suffering and death and sustained serious personal injuries as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 51. This action falls within the exception set forth in Civil Practice Law and Rules, Section 1602(6). 52. As a result of the negligence of the defendants as aforesaid, the plaintiff s decedent, Brittney M. Schulman, suffered conscious pain and suffering and death. 53. On or about August 19, 2015, within ninety (90) days after the claim alleged herein arose, a written Notice of Claim was served upon defendant, Town of Southold, pursuant to Section 50-e of the General Municipal Law. 54. That more than thirty (30) days have elapsed since the date of the said service of the said Notice of Claim and the defendant, Town of Southold, has neglected and refused to make payment of the aforesaid claim. 55. This action was served within one year and ninety (90) days from the date of the occurrence. 56. As a result of the negligence of the defendants as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. 10 10 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 [FILED : SUFFOLK COUNTY CLERK 03/02/2017 02:45 P1 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 AS AND FOR A FIFTH CAUSE OF ACTION AGAINST THE DEFENDANT1COUNTY OF SUFFOLK 57. Plaintiff repeats, reiterates, and realleges each and every allegation set forth i n " "56" paragraphs "1 through of the verified complaint with the same force and effect as if fully set forth at length herein. 58. Upon information and belief, at all times hereinafter mentioned, the defendant, County of Suffolk, either owned, leased, maintained and/or otherwise controlled a public highway know as Middle Road (County Road 48) at itsintersection with Depot Lane located in Cutchogue, Town of Southold, County of Suffolk, State of New York. 59. The serious personal injuries and death sustained by thedecedent, Brittney M. Schuhnan, were contributed to by the defendant, County of Suffolk, when as aforesaid, the limousine motor vehicle owned by the defendant, Ultimate Class Limousine, Inc., and negligently operated by the defendant, Carlos Pino, made a U-tum on Middle Road (County Road 48) at itsintersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and collided with the aforesaid 2005 Dodge motor vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and negligently operated at a high rate of speed by the defendant, Steven Romeo. 60. Upon information and belief, and at times prior to the aforesaid collision, the defendant, County of Suffolk, was on notice that the said intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and dangerous to persons and vehicles driving thereon and a number of prior incidents and collisions had taken place at the said intersection. 61. Upon infonnation and belief, and at times prior to the aforesaid collision, the defendant, County of Suffolk, was aware of the dangerous and hazardous condition of the 11 11 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 FILED : SUFFOLK COUNTY CLERK 03702/2017 02 ; 45 PM| NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 aforesaid roadways and failed to take any action to rectify the known dangerous and hazardous conditions thereon and make the said roadways and intersections safe for members of the public who used the roadways and intersections. 62. The aforesaid collision was contributed to by the defendant, County of Suffolk's negligence in failing to properly design, construct, and maintain the aforesaid roadways and intersections, and in failing to install the proper traffic control device(s), including but not limited to traffic lights, and proper trafficwarning signage and devices. 63. As a resultof the negligence and carelessness of allof the defendants as aforesaid and the defendant, County of Suffolk, contributing thereto, the plaintiffs decedent, Brittney M. Schulman, suffered serious and severe personal injuries, conscious pain and suffering and death as defined in smbsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defimed in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 64. This action falls within the exception set forth in Civil Practice Law and Rules, Section 1602(6). 65. As a resultof the negligence of all of the defendants as aforesaid, the plaintiffs decedent, Brittney M. Schulman, suffered conscious pain and suffering and death. 66. On or about August 19, 2015, within ninety (90) days after the claim alleged herein arose, a written Notice of Claim was served upon defendant, County of Suffolk, pursuant to Section 50-e of the General Municipal Law. 67. That more than thirty (30) days have elapsed since the date of the said service of t he said Notice of Claim and the defendant, County of Suffolk, has neglected and refused to make payment of the aforesaid claim. 12 12 of 29 FILED: SUFFOLK COUNTY CLERK 06/17/2019 09/06/2022 08:59 05:44 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 474 1013 RECEIVED NYSCEF: 06/17/2019 09/06/2022 INDEX NO. 611214/2015 [FILED : SUFFOLK COUNTY CLERK 03/02 /2017 02 : 45 PM) NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/03/2017 68. This action was served within one year and ninety (90) days from the date of the occurrence. 69. As a result of the negligence of the defendants as aforesaid, the plaintiff has been damaged in the sum which exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST THE DEFENDANTS: CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS 1-5" LIMOUSINE, INC. and "XYZ COMPANIES 70. Plaintiff repeats, reiterates and realleges each and every allegation set forth in "1" "69"