Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
EXHIBIT AA
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
(
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------x
ALICIA M. ARUNDEL; SUZANNE SCHULMAN AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M.
SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA,
AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA,
AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH,
AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH,
DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs,
-against- Index No.
611214/2015
(
ULTIMATE CLASS LIMOUSINE, INC., CAROLS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO,
TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT
COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and
"XYZ COMPANIES 1-5" name being fictitious but
intended to be the remanufacturers, distributors
and/or sellers of the 2017 Lincoln Town Car
stretch limousine involved in the collision,
Defendants.
------------------------------------------------x
February 18, 2022
1:32 p.m.
EXAMINATION BEFORE TRIAL OF COUNTY OF SUFFOLK,
(
a Defendant herein, by ALBERT JULIUS KRUPSKI JR.,
taken by the attorneys for their respective parties,
pursuant to Notice, held via web conference on
the above date and time, before Nichole Bugeja, a
Stenotype Reporter and Notary Public of the State
of New York.
516·485·2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
( (
2
1 A P PEA RAN C E S
2
3 THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff Alicia M. Arundel
4 1415 Kellum Place, Suite 205
Garden City, New York 11530
5
BY: BRANDON CRUZ, ESQ.,
6 via web conference
7
8 LAW OFFICE OF JOHN L. JULIANO, P.C.
Attorneys for Plaintiff Suzanne Schulman as
9 administratrix of the estate of
Brittney M. Schulman
( 10 39
East
Doyle Court
Northport, New York 11731
11
BY: JONATHAN JULIANO, ESQ.,
12 via web conference
13
14 FRANK J. LAINE, P.C.
Attorneys for Plaintiff
15 Estate of Mindy Grabina A/O/E Amy Grabina,
and Mindy Grabina, individually
16 449 South Oyster Bay Road
Plainview, New York 11803
17
BY: JOANNE PORCELLI, ESQ.,
18 via web conference
( 19
20 SULLIVAN PAPAIN BLOCK McGRATH COFFINAS &
CANNAVO, P.C.
21 Attorneys for Plaintiff Steven Baruch AIOIE
Lauren Baruch, deceased, and Steven Baruch,
22 individually
1140 Franklin Avenue, Suite 200
23 Garden City, New York 11530
24 BY: ROBERT SULLIVAN, ESQ.,
BETH JABLON, ESQ.,
25 via web conference
516-485-2222 8EE REPORTING AGENCY, INC. 212·327·3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
( (
3
1 A P PEA RAN C E S:
2
3 PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff Joelle Dimonte
4 One Hollow Lane, Suite 107
Lake Success, New York 11042
5
BY: GARY NIELSEN, ESQ.,
6 via web conference
7
8 LAW OFFICES OF JOSEPH J. TOCK
Attorneys for Plaintiff Melissa A. Crai
9 963 Route 6
Mahopac, New York 10541
( 10
BY: JOSEPH J. TOCK, ESQ.,
11 via web conference
12
13 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Plaintiff Arthur A. Belli Jr.
14 as parent and natural guardian of
Stephanie Belli, deceased, and as the
15 administrator of the E/O Stephanie Belli
One Hollow Lane, Suite 107
16 Lake Success, New York 11042
17 BY: KRISTIAN KROBER, ESQ.,
via web conference
18
( 19
LEWIS JOHS AVALLONE & AVILES, LLP
20 Attorneys for Defendant Steven D. Romeo
1377 Motor Parkway, Suite 400
21 Islandia, New York 11749
22 BY: REBECCA K. DEVLIN, ESQ.,
via web conference
23 File No.: 0114.1460.001C
24
25
516·485·2222 BEE REPORTING AGENCY, INC. 212·327·3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
(
4
1 A P PEA RAN C E S:
2
3 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
4 Romeo Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
5 Garden City, New York 11530
6 BY: CHRISTOPHER CAMERA, ESQ.,
via web conference
7
8
BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC
9 Attorneys for Defendants Ultimate Class
Limousine, Inc., and Carlos Pino
( 10 200 Old Country Road, Suite 680
Mineola, New York 11501
11
BY: NEIL PALMIERI, ESQ.,
12 via web conference
13
14 LAW OFFICE OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
15 1045 Oyster Bay Road
East Norwich, New York 11732
16
BY: VINCENT D. McNAMARA, ESQ.,
17 via web conference
File No.: 9074677
18
( 19
VOLZ & VIGLIOTTA, PLLC
20 Attorneys for Defendant Town of Southold
280 Smithtown Boulevard
21 Nesconset, New York 11767
22 BY: JOSHUA SHTEIERMAN, ESQ.,
via web conference
23 File No.: HCC19.10
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
5
1 A P PEA RAN C E S:
2
3 THE LAW OFFICE OF ERIC D. FELDMAN
Attorneys for Defendant Cabot Coach
4 Builders, Inc., d/b/a Royale Limousine
2 Corporate Center Drive, Suite 300
5 Melville, New York 11747
6 BY: STEVEN STEIGERWALD, ESQ.,
via web conference
7
8
CHAIKIN, PLLC
9 Attorneys for Plaintiff Olga Lipets
14 Penn Plaza, Suite 2202
(' 10 New York, New York 10122
11 (NOT PRESENT)
12
13
(
14
15
16
17
18
( 19
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
(
6
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
3 221.1 OBJECTIONS AT DEPOSITIONS
4 (a) Objections in general. No objections
shall be made at a deposition except those
5 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
6 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
7 such rule. All objections made at a deposition
shall be noted by the officer before whom the
8 deposition is taken, and the answer shall be
given and the deposition shall proceed subject
9 to the objections and to the right of a person
to apply for appropriate relief pursuant to
10 Article 31 of the CPLR.
(b) Speaking objections restricted. Every
f 11 objection
stated
raised
succinctly
during
and
a
framed
deposition
so as not
shall
to
be
12 suggest an answer to the deponent and, at the
request of the questioning attorney, shall
13 include a clear statement as to any defect in
form or other basis of error or irregularity.
14 Except to the extent permitted by CPLR Rule 3115
or by this rule, during the course of the
15 examination, persons shall not make statements
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
18 deposition, except (i) to preserve a privilege
or right of confidentiality, (ii) to enforce a
19 limitation set forth in an order of the court,
or (iii) when the question is plainly improper
20 and would, if answered, cause significant
prejudice to any person. An attorney shall not
21 direct a deponent not to answer except as
provided in CPLR Rule 3115 or this subdivision.
22 Any refusal to answer or direction not to answer
shall be accompanied by a succinct and clear
23 statement of the basis therefore. If a deponent
does not answer a question, the examining party
24 shall have the right to complete the remainder
of the deposition.
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
r
7
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
3 221.3 Communication with the deponent.
4 An attorney shall not interrupt the
deposition for the purpose of communication with
5 the deponent unless all parties consent or the
communication is made for the purpose of
6 determining whether the question should not be
answered on the grounds set forth in Section
7 221.2 of these rules and, in such event, the
reason for the communication shall be stated for
8 the record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before a Notary
11 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
12
13 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
14 all purposes as provided by the CPLR.
15 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
16 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
17 respect hereto.
18 IT IS FURTHER STIPULATED AND AGREED by
( and between the attorneys for the respective
19 parties that a copy of this examination shall be
furnished, without charge, to the attorney
20 representing the witness testifying herein.
21 * * * *
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
8
1
2 (Whereupon, a Town of Southold Zoning
3 Board of Appeals addendum was premarked as
4 Plaintiffs' Exhibit 1 for Identification, as
5 of this date.)
6 (Whereupon, an email chain was premarked
7 as Plaintiffs' Exhibit 2 for Identification,
8 as of this date.)
9 (Whereupon, an email from Bill Shipman
10 to Mr. Russell dated August 12, 2012, was
11 premarked as Plaintiffs' Exhibit 3 for
12 Identification, as of this date.)
13 (Whereupon, Southold Town Board meeting
14 minutes from October 9, 2012, were premarked
15 as Plaintiffs' Exhibit 4 for Identification,
16 as of this date.)
17 (Whereupon, Southold Town Planning Board
18 minutes from June 3, 2013, were premarked as
( 19 Plaintiffs' Exhibit 5 for Identification, as
20 of this date.)
21 (Whereupon, Southold Town Board meeting
22 minutes from July 2, 2013, were premarked as
23 Plaintiffs' Exhibit 6 for Identification, as
24 of this date.)
25 (Whereupon, an updated study memorandum
516·485-2222 BEE REPORTING AGENCY, INC. 212·327·3500
L
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
r
9
1
2 from the Suffolk County Department of Public
3 Works was premarked as Plaintiffs' Exhibit 7
4 for Identification, as of this date_)
5 (Whereupon, a Southold Local article
6 dated August 12, 2015, was premarked as
7 Plaintiffs' Exhibit 8 for Identification, as
8 of this date _ )
9 (Whereupon, an email chain was premarked
10 as Plaintiffs' Exhibit 9 for Identification,
11 as of this date_)
12 (Whereupon, a County of Suffolk memo
13 dated February 2, 2000, was premarked as
14 Plaintiffs' Exhibit 10 for Identification,
15 as of this date.)
16 (Whereupon, a document entitled Town of
17 Southold Police Department Internal
18 Correspondence was premarked as Plaintiffs'
( 19 Exhibit 11 for Identification, as of this
20 date. )
21 (Whereupon, a list of motor vehicle
22 accidents at Route 48 and Depot Lane from
23 2005 through 2015 was premarked as
24 Plaintiffs' Exhibit 12 for Identification,
25 as of this date.)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
10
1
2 (Whereupon, a list of vehicle complaints
3 at Route 48 and Depot Lane was premarked as
4 Plaintiffs' Exhibit 13 for Identification,
5 as of this date.)
6 (Whereupon, correspondence from Neboysha
7 Brashich to Elizabeth Neville dated January
8 13, 2000, was premarked as Plaintiffs'
9 Exhibit 14 for Identification, as of this
( 10 date. )
11 (Whereupon, a Town of Southold Planning
12 Board Office memorandum dated October 9,
13 2015, was premarked as Plaintiffs' Exhibit
14 15 for Identification, as of this date.)
15 (Whereupon, correspondence from
16 Elizabeth Neville to Richard J. LaValle
17 dated December 30, 1999, was premarked as
18 Plaintiffs' Exhibit 16 for Identification,
( 19 as of this date.)
20 (Whereupon, a list of motor vehicle
21 accidents at Route 48 between January 13,
22 2005, and August 29, 2015, was premarked as
23 Plaintiffs' Exhibit 17 for Identification,
24 as of this date.)
25 THE COURT REPORTER: It is hereby
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
L
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
11
1
2 stipulated and agreed by and between counsel
3 for all parties present that pursuant to
4 CPLR Section 3113 (d) this deposition is
5 being conducted remotely by videoconference,
6 and that the court reporter, witness, and
7 all counsel are in separate remote locations
8 and participating via Zoom under the control
9 of Bee Reporting Agency, Inc.
10 It is further stipulated that this
11 videoconference will not be recorded in any
12 manner, and that any recording without the
13 express written consent of all parties shall
14 be considered unauthorized, in violation of
15 law, and shall not be used for any purpose
16 in this litigation or otherwise.
17 Before I swear in the witness, I will
18 ask each counsel to stipulate on the record
19 that I, the court reporter, may swear in the
20 witness even though she is not physically in
21 the presence of the witness, and that there
22 is no objection to that at this time, nor
23 will there be an objection to it at a later
24 date.
25 MR. TOCK: So stipulated.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
12
1
2 MR. SULLIVAN: So stipulated.
3 MS. PORCELLI: Agreed.
4 MR. CRUZ: Agreed.
5 MR. PALMIERI: Agreed.
6 MS. DEVLIN: Agreed.
7 MR. JULIANO: Agreed.
8 MR. NIELSEN: Agreed.
9 MR. SHTEIERMAN: Agreed.
f 10 MR. McNAMARA: Agreed.
11 MR. CAMERA: Agreed.
12 MR. KROBER: Agreed.
13 A L B E R T J U L I U S K R U P S K I J R.,
14 called as a witness, having been duly sworn by
15 a Notary Public of the State of New York, was
16 examined and testified as follows:
17 EXAMINATION BY
18 JOSEPH J. TOCK, ESQ.:
( 19 Q. Please state your full name for the
20 record.
21 A. Albert Julius Krupski Jr.
22 Q. What is your address?
23 A. 2790 Skunk Lane, Cutchogue, New York
24 11935.
25 Q. Good afternoon, Mr. Krupski.
516·485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
(
13
1 A. Krupski
2 My name is Joseph Tock. I'm an
3 attorney, and I represent Melissa Crai. Melissa
4 is one of the survivors of the tragic accident
5 that happened back on July 18, 2015. For
6 purposes of my questions today, instead of me
7 repeating the date, and instead of my repeating
8 the intersection that I'll be speaking of, which
9 is Depot Lane and County Road 48 in Cutchogue,
( 10 Town of Southold, I'm just going to refer, if you
11 agree, to the date as the date of the incident,
12 which is 7/18/15, is that clear?
13 A. Yes.
14 Q. And when I say the intersection, I'm
15 referring to the intersection I just stated,
16 where the crash occurred, is that clear?
17 A. Yes.
18 Q. Thank you.
19 Mr. Krupski, I also want to go over some
20 ground rules right now. So I'll be beginning
21 with some questions to you; each attorney has the
22 right to question you. I would just respectfully
23 ask that you allow me to complete my question
24 before you begin giving your answer, just so that
25 the court reporter can take down each and every
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
L
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022
14
1 A. Krupski
2 word, is that clear sir?
3 A. Yes.
4 Q. If at any time you wish to have a
5 consultation with your attorney, Mr. McNamara,
6 who is part of this proceeding, you may do so.
7 I would only ask that you answer the question if
8 there is a question outstanding, and if you wish
9 to take a break to discuss with him, you could.
10 Just please verbally tell us, is that clear?
11 A. Yes.
12 Q. If at any time you wish to take a break
13 to get water, bathroom, or any other reason, just
14 verbally tell me, but if there is a question
15 outstanding, I would ask that you answer the
16 question first, is that clear?
17 A. Yes.
18 Q. Thank you, sir.
( 19 What is your date of birth
Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 EXHIBIT AA FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 ( 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------x ALICIA M. ARUNDEL; SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, -against- Index No. 611214/2015 ( ULTIMATE CLASS LIMOUSINE, INC., CAROLS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors and/or sellers of the 2017 Lincoln Town Car stretch limousine involved in the collision, Defendants. ------------------------------------------------x February 18, 2022 1:32 p.m. EXAMINATION BEFORE TRIAL OF COUNTY OF SUFFOLK, ( a Defendant herein, by ALBERT JULIUS KRUPSKI JR., taken by the attorneys for their respective parties, pursuant to Notice, held via web conference on the above date and time, before Nichole Bugeja, a Stenotype Reporter and Notary Public of the State of New York. 516·485·2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 ( ( 2 1 A P PEA RAN C E S 2 3 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 4 1415 Kellum Place, Suite 205 Garden City, New York 11530 5 BY: BRANDON CRUZ, ESQ., 6 via web conference 7 8 LAW OFFICE OF JOHN L. JULIANO, P.C. Attorneys for Plaintiff Suzanne Schulman as 9 administratrix of the estate of Brittney M. Schulman ( 10 39 East Doyle Court Northport, New York 11731 11 BY: JONATHAN JULIANO, ESQ., 12 via web conference 13 14 FRANK J. LAINE, P.C. Attorneys for Plaintiff 15 Estate of Mindy Grabina A/O/E Amy Grabina, and Mindy Grabina, individually 16 449 South Oyster Bay Road Plainview, New York 11803 17 BY: JOANNE PORCELLI, ESQ., 18 via web conference ( 19 20 SULLIVAN PAPAIN BLOCK McGRATH COFFINAS & CANNAVO, P.C. 21 Attorneys for Plaintiff Steven Baruch AIOIE Lauren Baruch, deceased, and Steven Baruch, 22 individually 1140 Franklin Avenue, Suite 200 23 Garden City, New York 11530 24 BY: ROBERT SULLIVAN, ESQ., BETH JABLON, ESQ., 25 via web conference 516-485-2222 8EE REPORTING AGENCY, INC. 212·327·3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 ( ( 3 1 A P PEA RAN C E S: 2 3 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle Dimonte 4 One Hollow Lane, Suite 107 Lake Success, New York 11042 5 BY: GARY NIELSEN, ESQ., 6 via web conference 7 8 LAW OFFICES OF JOSEPH J. TOCK Attorneys for Plaintiff Melissa A. Crai 9 963 Route 6 Mahopac, New York 10541 ( 10 BY: JOSEPH J. TOCK, ESQ., 11 via web conference 12 13 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Plaintiff Arthur A. Belli Jr. 14 as parent and natural guardian of Stephanie Belli, deceased, and as the 15 administrator of the E/O Stephanie Belli One Hollow Lane, Suite 107 16 Lake Success, New York 11042 17 BY: KRISTIAN KROBER, ESQ., via web conference 18 ( 19 LEWIS JOHS AVALLONE & AVILES, LLP 20 Attorneys for Defendant Steven D. Romeo 1377 Motor Parkway, Suite 400 21 Islandia, New York 11749 22 BY: REBECCA K. DEVLIN, ESQ., via web conference 23 File No.: 0114.1460.001C 24 25 516·485·2222 BEE REPORTING AGENCY, INC. 212·327·3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 ( 4 1 A P PEA RAN C E S: 2 3 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 4 Romeo Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 5 Garden City, New York 11530 6 BY: CHRISTOPHER CAMERA, ESQ., via web conference 7 8 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC 9 Attorneys for Defendants Ultimate Class Limousine, Inc., and Carlos Pino ( 10 200 Old Country Road, Suite 680 Mineola, New York 11501 11 BY: NEIL PALMIERI, ESQ., 12 via web conference 13 14 LAW OFFICE OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 15 1045 Oyster Bay Road East Norwich, New York 11732 16 BY: VINCENT D. McNAMARA, ESQ., 17 via web conference File No.: 9074677 18 ( 19 VOLZ & VIGLIOTTA, PLLC 20 Attorneys for Defendant Town of Southold 280 Smithtown Boulevard 21 Nesconset, New York 11767 22 BY: JOSHUA SHTEIERMAN, ESQ., via web conference 23 File No.: HCC19.10 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 5 1 A P PEA RAN C E S: 2 3 THE LAW OFFICE OF ERIC D. FELDMAN Attorneys for Defendant Cabot Coach 4 Builders, Inc., d/b/a Royale Limousine 2 Corporate Center Drive, Suite 300 5 Melville, New York 11747 6 BY: STEVEN STEIGERWALD, ESQ., via web conference 7 8 CHAIKIN, PLLC 9 Attorneys for Plaintiff Olga Lipets 14 Penn Plaza, Suite 2202 (' 10 New York, New York 10122 11 (NOT PRESENT) 12 13 ( 14 15 16 17 18 ( 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 ( 6 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 3 221.1 OBJECTIONS AT DEPOSITIONS 4 (a) Objections in general. No objections shall be made at a deposition except those 5 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 6 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 7 such rule. All objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed subject 9 to the objections and to the right of a person to apply for appropriate relief pursuant to 10 Article 31 of the CPLR. (b) Speaking objections restricted. Every f 11 objection stated raised succinctly during and a framed deposition so as not shall to be 12 suggest an answer to the deponent and, at the request of the questioning attorney, shall 13 include a clear statement as to any defect in form or other basis of error or irregularity. 14 Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the 15 examination, persons shall not make statements 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 18 deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a 19 limitation set forth in an order of the court, or (iii) when the question is plainly improper 20 and would, if answered, cause significant prejudice to any person. An attorney shall not 21 direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. 22 Any refusal to answer or direction not to answer shall be accompanied by a succinct and clear 23 statement of the basis therefore. If a deponent does not answer a question, the examining party 24 shall have the right to complete the remainder of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 r 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 3 221.3 Communication with the deponent. 4 An attorney shall not interrupt the deposition for the purpose of communication with 5 the deponent unless all parties consent or the communication is made for the purpose of 6 determining whether the question should not be answered on the grounds set forth in Section 7 221.2 of these rules and, in such event, the reason for the communication shall be stated for 8 the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before a Notary 11 Public with the same force and effect as if signed before a clerk or a Judge of the court. 12 13 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 14 all purposes as provided by the CPLR. 15 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 16 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 17 respect hereto. 18 IT IS FURTHER STIPULATED AND AGREED by ( and between the attorneys for the respective 19 parties that a copy of this examination shall be furnished, without charge, to the attorney 20 representing the witness testifying herein. 21 * * * * 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 8 1 2 (Whereupon, a Town of Southold Zoning 3 Board of Appeals addendum was premarked as 4 Plaintiffs' Exhibit 1 for Identification, as 5 of this date.) 6 (Whereupon, an email chain was premarked 7 as Plaintiffs' Exhibit 2 for Identification, 8 as of this date.) 9 (Whereupon, an email from Bill Shipman 10 to Mr. Russell dated August 12, 2012, was 11 premarked as Plaintiffs' Exhibit 3 for 12 Identification, as of this date.) 13 (Whereupon, Southold Town Board meeting 14 minutes from October 9, 2012, were premarked 15 as Plaintiffs' Exhibit 4 for Identification, 16 as of this date.) 17 (Whereupon, Southold Town Planning Board 18 minutes from June 3, 2013, were premarked as ( 19 Plaintiffs' Exhibit 5 for Identification, as 20 of this date.) 21 (Whereupon, Southold Town Board meeting 22 minutes from July 2, 2013, were premarked as 23 Plaintiffs' Exhibit 6 for Identification, as 24 of this date.) 25 (Whereupon, an updated study memorandum 516·485-2222 BEE REPORTING AGENCY, INC. 212·327·3500 L FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 r 9 1 2 from the Suffolk County Department of Public 3 Works was premarked as Plaintiffs' Exhibit 7 4 for Identification, as of this date_) 5 (Whereupon, a Southold Local article 6 dated August 12, 2015, was premarked as 7 Plaintiffs' Exhibit 8 for Identification, as 8 of this date _ ) 9 (Whereupon, an email chain was premarked 10 as Plaintiffs' Exhibit 9 for Identification, 11 as of this date_) 12 (Whereupon, a County of Suffolk memo 13 dated February 2, 2000, was premarked as 14 Plaintiffs' Exhibit 10 for Identification, 15 as of this date.) 16 (Whereupon, a document entitled Town of 17 Southold Police Department Internal 18 Correspondence was premarked as Plaintiffs' ( 19 Exhibit 11 for Identification, as of this 20 date. ) 21 (Whereupon, a list of motor vehicle 22 accidents at Route 48 and Depot Lane from 23 2005 through 2015 was premarked as 24 Plaintiffs' Exhibit 12 for Identification, 25 as of this date.) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 10 1 2 (Whereupon, a list of vehicle complaints 3 at Route 48 and Depot Lane was premarked as 4 Plaintiffs' Exhibit 13 for Identification, 5 as of this date.) 6 (Whereupon, correspondence from Neboysha 7 Brashich to Elizabeth Neville dated January 8 13, 2000, was premarked as Plaintiffs' 9 Exhibit 14 for Identification, as of this ( 10 date. ) 11 (Whereupon, a Town of Southold Planning 12 Board Office memorandum dated October 9, 13 2015, was premarked as Plaintiffs' Exhibit 14 15 for Identification, as of this date.) 15 (Whereupon, correspondence from 16 Elizabeth Neville to Richard J. LaValle 17 dated December 30, 1999, was premarked as 18 Plaintiffs' Exhibit 16 for Identification, ( 19 as of this date.) 20 (Whereupon, a list of motor vehicle 21 accidents at Route 48 between January 13, 22 2005, and August 29, 2015, was premarked as 23 Plaintiffs' Exhibit 17 for Identification, 24 as of this date.) 25 THE COURT REPORTER: It is hereby 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 L FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 11 1 2 stipulated and agreed by and between counsel 3 for all parties present that pursuant to 4 CPLR Section 3113 (d) this deposition is 5 being conducted remotely by videoconference, 6 and that the court reporter, witness, and 7 all counsel are in separate remote locations 8 and participating via Zoom under the control 9 of Bee Reporting Agency, Inc. 10 It is further stipulated that this 11 videoconference will not be recorded in any 12 manner, and that any recording without the 13 express written consent of all parties shall 14 be considered unauthorized, in violation of 15 law, and shall not be used for any purpose 16 in this litigation or otherwise. 17 Before I swear in the witness, I will 18 ask each counsel to stipulate on the record 19 that I, the court reporter, may swear in the 20 witness even though she is not physically in 21 the presence of the witness, and that there 22 is no objection to that at this time, nor 23 will there be an objection to it at a later 24 date. 25 MR. TOCK: So stipulated. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 12 1 2 MR. SULLIVAN: So stipulated. 3 MS. PORCELLI: Agreed. 4 MR. CRUZ: Agreed. 5 MR. PALMIERI: Agreed. 6 MS. DEVLIN: Agreed. 7 MR. JULIANO: Agreed. 8 MR. NIELSEN: Agreed. 9 MR. SHTEIERMAN: Agreed. f 10 MR. McNAMARA: Agreed. 11 MR. CAMERA: Agreed. 12 MR. KROBER: Agreed. 13 A L B E R T J U L I U S K R U P S K I J R., 14 called as a witness, having been duly sworn by 15 a Notary Public of the State of New York, was 16 examined and testified as follows: 17 EXAMINATION BY 18 JOSEPH J. TOCK, ESQ.: ( 19 Q. Please state your full name for the 20 record. 21 A. Albert Julius Krupski Jr. 22 Q. What is your address? 23 A. 2790 Skunk Lane, Cutchogue, New York 24 11935. 25 Q. Good afternoon, Mr. Krupski. 516·485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 ( 13 1 A. Krupski 2 My name is Joseph Tock. I'm an 3 attorney, and I represent Melissa Crai. Melissa 4 is one of the survivors of the tragic accident 5 that happened back on July 18, 2015. For 6 purposes of my questions today, instead of me 7 repeating the date, and instead of my repeating 8 the intersection that I'll be speaking of, which 9 is Depot Lane and County Road 48 in Cutchogue, ( 10 Town of Southold, I'm just going to refer, if you 11 agree, to the date as the date of the incident, 12 which is 7/18/15, is that clear? 13 A. Yes. 14 Q. And when I say the intersection, I'm 15 referring to the intersection I just stated, 16 where the crash occurred, is that clear? 17 A. Yes. 18 Q. Thank you. 19 Mr. Krupski, I also want to go over some 20 ground rules right now. So I'll be beginning 21 with some questions to you; each attorney has the 22 right to question you. I would just respectfully 23 ask that you allow me to complete my question 24 before you begin giving your answer, just so that 25 the court reporter can take down each and every 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 L FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 09/06/2022 14 1 A. Krupski 2 word, is that clear sir? 3 A. Yes. 4 Q. If at any time you wish to have a 5 consultation with your attorney, Mr. McNamara, 6 who is part of this proceeding, you may do so. 7 I would only ask that you answer the question if 8 there is a question outstanding, and if you wish 9 to take a break to discuss with him, you could. 10 Just please verbally tell us, is that clear? 11 A. Yes. 12 Q. If at any time you wish to take a break 13 to get water, bathroom, or any other reason, just 14 verbally tell me, but if there is a question 15 outstanding, I would ask that you answer the 16 question first, is that clear? 17 A. Yes. 18 Q. Thank you, sir. ( 19 What is your date of birth