Preview
FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
__________________________________..________________________Ç
ALICIA M.
ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTANY
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY Index No. 611214/2015
GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA AND MINDY GRABINA
INDIVIDUALLY; STEVEN BARUCH, AS PLAINTIFF STEVEN
ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, ADMINISTRATOR
BARUCH, DECEASED, AND STEVEN BARUCH OF THE ESTATE OF
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. LAUREN BARUCH (DEC'D)
CRAI; AND ARTHUR A. BELLI, JR. AS PARENT AND
NATURAL GUARDIAN OF STEPHANIE BELLI, SUPPLEMENTAL EXPERT
DECEASED, AND AS THE ADMINISTRATOR OF THE WITNESS DISCLOSURE
ESTATE OF STEPHANIE BELLI, PURSUANT TO CPLR
§3101(d) FOR GERARD
Plaintiffs, CATANESE, M.D.
-against-
ULTIMTE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC, STEVEN D.
ROMEO, TOWN OF SOUTHOLD, 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, distributers and/or sellers of the 2007
Lincoln Town Car stretch limousine involved in the
collision,
Defendants.
___________________________________________Ç
Plaintiff, STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH INDIVIDUALLY, as and for his
defendants'
supplemental response to the demand for expert information pursuant to CPLR
§3101(d)(1), states, upon information and belief, as follows:
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Expert: Plaintiff has retained and expects to call at the time of trial, Gerard
Catanese, M.D. a duly licensed physician, double board certified in the field of anatomic and
clinical pathology and forensic pathology, and who maintains an office for the practice of
medicine at 64 Muttontown Eastwoods Road, Syosset, New York 11791.
Subject Matter and Substance of Facts and Opinions: All of the opinions set forth
herein are with a reasonable degree of medical certainty. Dr. Catanese is expected to testify with
regard to his review of all relevant records including, inter alia, of the police report, death
certificate, medical examiners file, autopsy report, autopsy photographs and deposition
transcripts, as well as his education training, knowledge, expertise, and experience in the field.
"A"
A copy of the affirmation generated by Dr. Catanese is annexed hereto as Exhibit and is
incorporated by reference herein.
Dr. Catanese is expected to testify with regard to the matters, history, facts, findings,
impressions, conclusions, diagnoses and opinions contained in the documents reviewed,
including but not limited to the following: the nature and extent of the injuries that decedent,
LAUREN BARUCH, sustained by reason of the subject occurrence of July 18, 2015 ("subject
occurrence"), with a focus on conscious pain and suffering and pre-impact terror.
Dr. Catanese has concluded and is expected to testify that his opinion is made within a
reasonable degree of medical certainty and has been derived from his examination of the entire
case records, including the police report, the scene photographs, the death certificate, the autopsy
report, deposition transcripts including segments of the deposition transcripts of Carlos Pino and
Steven Romeo relating to LAUREN BARUCH, along with his background education,
knowledge, training and experience.
2
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Dr. Catanese has concluded and is expected to testify that LAUREN BARUCH was a 24
year old female who, on July 18, 2015 at 5:11 pm, was a passenger in a limousine that was
involved in a two vehicle collision. She was pronounced dead that day at 5:31 pm about 20
minutes after the accident. Her cause of death was determined to be multiple blunt impact
injuries.
Dr. Catanese has concluded and is expected to testify that LAUREN BARUCH was a
passenger in a taxi/limousine which attempted to make a U-turn causing a pickup truck to collide
with the passenger side of the limousine in which she was a passenger.
Dr. Catanese has concluded and is expected to testify that according to the medical
examiner's investigation, LAUREN BARUCH, was seated in the front of the rear passenger
compartment of the limousine behind the front passenger side seat.
Dr. Catanese has concluded and is expected to testify that an autopsy was performed by
the Suffolk County Medical Examiner's Office and that the injuries that LAUREN BARUCH
suffered were numerous and severe. These injuries included a ponto-medullary junction
transaction in her brain, hemorrhage around her brain, an atlanto-occipital dislocation of her
neck, injuries to her aorta, spleen, liver and kidneys, and fractures of her ribs, pelvis and left leg.
Furthermore, LAUREN BARUCH had no significant underlying natural disease. Dr. Catanese is
expected to testify regarding decedent's blood ethanol level. Dr. Catanese is expected to testify
that her cause of death was determined to be multiple blunt impact injuries.
Dr. Catanese has concluded and is expected to testify that according to the deposition
transcript of Carlos Pino (the limousine driver) after the accident he heard screaming and
suffering.
3
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Dr. Catanese has concluded and is expected to testify that according to the deposition
transcript of Steven Romeo (the pickup truck driver) after the accident he heard screaming in the
limousine.
Dr. Catanese has concluded and is expected to testify that the photographs of the accident
scene, which he reviewed, show the truck after the impact with the limousine, intruding into the
passenger side compartment of the limousine.
Dr. Catanese has concluded and is expected to testify that based on the above information
including the injuries described in the autopsy report and the accident photographs, LAUREN
BARUCH was seated in such a way that she would have observed the accident as it unfolded and
during this time she would have experienced pre-impact terror and fear of impending death.
Dr. Catanese has concluded and is expected to testify that according to the deposition
transcript of defendant Romeo (the pickup truck driver) he observed the limousine perpendicular
to westbound lanes of County Road 48 for seconds (not sure if more or less than 6 seconds) prior
to the front of his pickup impacting the passenger side of the limousine.
Dr. Catanese has concluded and is expected to testify that after a review of the file,
photographs and deposition transcripts, LAUREN BARUCH was seated in the front of the rear
passenger compartment of the limousine behind the front passenger side seat, in the u-turning
limo facing the passenger side window, and would have observed the impending impact by
ROMEO'S pickup truck for the same amount of time defendant ROMEO observed the limousine
perpendicular to the westbound lanes.
Dr. Catanese has concluded and is expected to testify that based on the above information
it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH
experienced pre-impact terror prior to the accident.
4
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Dr. Catanese has concluded and is expected to testify that may of the injuries to her torso
and extremities would have occurred at the initial impact with the truck.
Dr. Catanese is expected to testify that her head and neck injuries, the type of which are
usually caused by a head impact with a hyperextension of one's neck, would have occurred after
the initial impact with the truck as she was being propelled in the direction of the impacting
vehicle.
Dr. Catanese has concluded and is expected to testify that during the time following the
initial impact, and during the accident LAUREN BARUCH would have experienced conscious
pain and suffering from her initial injuries.
Dr. Catanese has concluded and is expected to testify that notwithstanding the blood
alcohol level of decedent, LAUREN BARUCH, taken at the time of the autopsy, decedent would
still have been able to understand the severity of the situation and feel pain.
Dr. Catanese has concluded and is expected to testify that based on his review of the
entire case records, including the police report, scene photographs, death certificate, autopsy
report, depositions, together with his background education, knowledge, training and experience,
it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH was
conscious and aware of her pain from her initial injuries following the initial impact and during
the accident.
Dr. Catanese has concluded and is expected to testify that the head and neck injuries
described in the autopsy report are rather severe and it is unlikely that after receiving them that
she would have experienced any further conscious pain and suffering from her injuries.
Dr. Catanese has concluded and is expected to testify that based on the above information
it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH
5
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experienced approximately six (6) to seven (7) seconds of pre-impact terror and conscious pain
and suffering from the accident on July 18, 2015.
Dr. Catanese has concluded and is expected to testify that therefore, based on the above
information, it is his opinion within a reasonable degree of medical certainty that LAUREN
BARUCH died from the injuries she sustained in the accident of July 18, 2015.
Dr. Catanese has concluded and is expected to testify that it is also his opinion, within a
reasonable degree of medical certainty that decedent, LAUREN BARUCH, experienced
conscious pain and suffering at the time of her initial injuries as well as pre-impact terror to the
accident as outlined above. A copy of the Dr. Catanese's report in this matter is annexed hereto
"B."
as Exhibit
Summary of Grounds for Expert's Opinion: Dr. Catanese will testify and give his
opinions based upon his review of the medical records including the autopsy report of decedent
LAUREN BARUCH, photographs, the investigative reports and any accident reports, deposition
testimony, any discovery had in this action; expected trial testimony and proof; and Dr.
Catanese's education, training, knowledge, expertise and experience in the field.
Qualifications: Dr. Catanese obtained a medical degree from SUNY Health
Science Center at Brooklyn, New York in 1987; completed a residency in anatomic pathology at
SUNY Health Science Center of Brooklyn in 1989; completed a pediatric internship at Winthrop
University Hospital in 1990; and completed a clinical pathology residency at SUNY Health
Science Center of Brooklyn in 1992 and a fellowship in forensic pathology at the New York City
Medical Examiner's Office in 1993. Dr. Catanese is licensed to practice medicine in the States
of New York, New Jersey and Pennsylvania, and currently practices medicine in the Nassau
6
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County vicinity and is board certified in the fields of anatomic and clinical pathology and
"C."
forensic pathology. A copy of his curriculum vitae is annexed hereto as Exhibit
Plaintiff reserves his right to supplement and/or amend the above up to an including the
time of trial.
Dated: Garden City, New York
November 11, 2022
Yours, etc.,
SULLIVAN PAPAIN BLOCK McGRATH
COFFINAS & CANNAVO P.C.
By:
Beth N. Jablon, E .
Attorneys for Plaintif
STEVEN BAR as Administrator Of
the EST F LAUREN BARUCH
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 742-0707
Bjablon@Triallawl.com
TO:
LAW OFFICES OF JOHN L. JULIANO, P.C.
Attorneys for Plaintiff
Estate of Brittney M. Schulman
39 Doyle Court
East Northport, New York 11731
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place, Suite 205
Garden City, New York 11530 11
CHAIKIN LaPENNA, PLLC
Attorneys for Plaintiff
Olga Lipets
1 Penn Plaza, Suite 5315
New York, New York 10119
FRANK J. LAINE, P.C.
7
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Attorney for Plaintiff
Estate of Amy Grabina
449 South Oyster Bay Road
Plainview, New York 11803
PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff
Joelle DiMonte
One Hollow Lane, Suite 107
Lake Success, New York 11042
JOSEPH J. TOCK, ESQ.
Attorney for Plaintiff
Melissa A. Crai
936 Route
Mahopac, New York 10541
BLOCK O'TOOLE & MURPHY, LLP 20
Attorneys for Plaintiff
Estate of Stephanie Belli
1 Penn Plaza, Suite 5315
New York, New York 10119
BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC
Attorneys for Defendants
Ultimate Class Limousine, Inc. and Carlos Pino
200 Old Country Road, Suite 680
Mineola, New York 11501
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
Steven Romeo
One CA Plaza, Suite 225 15
Islandia, New York 11749
THE LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant
Town of Southold
280 Smithtown Boulevard
Nesconset, New York 11767
8
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LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant
County of Suffolk
1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
VICTOR J. NATALE, ESQ.
Attorneys for Defendant
Cabot Coach Builders, Inc.
P.O. Box 2903 11
Hartford, Connecticut 06104-2903
9
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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
__-----------------_______________________________________---_________Ç
ALICIA M.
ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTANY
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY Index No. 611214/2015
GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA AND MINDY GRABINA
INDIVIDUALLY; STEVEN BARUCH, AS PLAINTIFF STEVEN
ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, ADMINISTRATOR
BARUCH, DECEASED, AND STEVEN BARUCH OF THE ESTATE OF
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. LAUREN BARUCH (DEC'D)
CRAI; AND ARTHUR A. BELLI, JR. AS PARENT AND
NATURAL GUARDIAN OF STEPHANIE BELLI, AFFIRMATION OF DR.
DECEASED, AND AS THE ADMINISTRATOR OF THE GERARD A. CATANESE, M.D.
ESTATE OF STEPHANIE BELLI,
Plaintiffs,
-against-
ULTIMTE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC, STEVEN D.
ROMEO, TOWN OF SOUTHOLD, 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, distributers and/or sellers of the 2007
Lincoln Town Car stretch limousine involved in the
collision,
Defendants.
__________------------------------------------------------------------X
Dr. Gerard A. Catanese, M.D. a physician duly licensed to practice medicine in the State
of New York affirms the truth of the following, under the penalties of perjury:
1. I am a physician licensed to practice medicine in the State of New York and I am
double board certified in the field of anatomic and clinical pathology and forensic pathology, and
I maintain an office for the practice of medicine at 64 Muttontown Eastwoods Road, Syosset,
New York 11791.
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2. I am licensed to practice medicine in the State of New York, New Jersey and
Pennsylvania. I attended St. John's University, Queens New York from September 1979 through
May 1983, obtaining a B.S. in Biology. I attended SUNY Health Science Center at Brooklyn,
New York from September 1983 through May 1987 and obtained a Doctor of Medicine. My
residency in Anatomic Pathology was at SUNY Health Science Center at Brooklyn from July
1987 through June 1989; and in Clinical Pathology from July 1990 through June 1992. I also
did an internship in pediatrics at Winthrop University Hospital from July 1989 through June
1990.
3. My fellowship in forensic pathology was completed at New York City Medical
Examiner's office from July 1992 through June of 1993.
4. I was employed as a Medical Examiner in the New York City Medical
Exa
Preview
FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK __________________________________..________________________Ç ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTANY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY Index No. 611214/2015 GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA AND MINDY GRABINA INDIVIDUALLY; STEVEN BARUCH, AS PLAINTIFF STEVEN ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, ADMINISTRATOR BARUCH, DECEASED, AND STEVEN BARUCH OF THE ESTATE OF INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. LAUREN BARUCH (DEC'D) CRAI; AND ARTHUR A. BELLI, JR. AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, SUPPLEMENTAL EXPERT DECEASED, AND AS THE ADMINISTRATOR OF THE WITNESS DISCLOSURE ESTATE OF STEPHANIE BELLI, PURSUANT TO CPLR §3101(d) FOR GERARD Plaintiffs, CATANESE, M.D. -against- ULTIMTE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC, STEVEN D. ROMEO, TOWN OF SOUTHOLD, 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, distributers and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. ___________________________________________Ç Plaintiff, STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH INDIVIDUALLY, as and for his defendants' supplemental response to the demand for expert information pursuant to CPLR §3101(d)(1), states, upon information and belief, as follows: 1 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 Expert: Plaintiff has retained and expects to call at the time of trial, Gerard Catanese, M.D. a duly licensed physician, double board certified in the field of anatomic and clinical pathology and forensic pathology, and who maintains an office for the practice of medicine at 64 Muttontown Eastwoods Road, Syosset, New York 11791. Subject Matter and Substance of Facts and Opinions: All of the opinions set forth herein are with a reasonable degree of medical certainty. Dr. Catanese is expected to testify with regard to his review of all relevant records including, inter alia, of the police report, death certificate, medical examiners file, autopsy report, autopsy photographs and deposition transcripts, as well as his education training, knowledge, expertise, and experience in the field. "A" A copy of the affirmation generated by Dr. Catanese is annexed hereto as Exhibit and is incorporated by reference herein. Dr. Catanese is expected to testify with regard to the matters, history, facts, findings, impressions, conclusions, diagnoses and opinions contained in the documents reviewed, including but not limited to the following: the nature and extent of the injuries that decedent, LAUREN BARUCH, sustained by reason of the subject occurrence of July 18, 2015 ("subject occurrence"), with a focus on conscious pain and suffering and pre-impact terror. Dr. Catanese has concluded and is expected to testify that his opinion is made within a reasonable degree of medical certainty and has been derived from his examination of the entire case records, including the police report, the scene photographs, the death certificate, the autopsy report, deposition transcripts including segments of the deposition transcripts of Carlos Pino and Steven Romeo relating to LAUREN BARUCH, along with his background education, knowledge, training and experience. 2 2 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 Dr. Catanese has concluded and is expected to testify that LAUREN BARUCH was a 24 year old female who, on July 18, 2015 at 5:11 pm, was a passenger in a limousine that was involved in a two vehicle collision. She was pronounced dead that day at 5:31 pm about 20 minutes after the accident. Her cause of death was determined to be multiple blunt impact injuries. Dr. Catanese has concluded and is expected to testify that LAUREN BARUCH was a passenger in a taxi/limousine which attempted to make a U-turn causing a pickup truck to collide with the passenger side of the limousine in which she was a passenger. Dr. Catanese has concluded and is expected to testify that according to the medical examiner's investigation, LAUREN BARUCH, was seated in the front of the rear passenger compartment of the limousine behind the front passenger side seat. Dr. Catanese has concluded and is expected to testify that an autopsy was performed by the Suffolk County Medical Examiner's Office and that the injuries that LAUREN BARUCH suffered were numerous and severe. These injuries included a ponto-medullary junction transaction in her brain, hemorrhage around her brain, an atlanto-occipital dislocation of her neck, injuries to her aorta, spleen, liver and kidneys, and fractures of her ribs, pelvis and left leg. Furthermore, LAUREN BARUCH had no significant underlying natural disease. Dr. Catanese is expected to testify regarding decedent's blood ethanol level. Dr. Catanese is expected to testify that her cause of death was determined to be multiple blunt impact injuries. Dr. Catanese has concluded and is expected to testify that according to the deposition transcript of Carlos Pino (the limousine driver) after the accident he heard screaming and suffering. 3 3 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 Dr. Catanese has concluded and is expected to testify that according to the deposition transcript of Steven Romeo (the pickup truck driver) after the accident he heard screaming in the limousine. Dr. Catanese has concluded and is expected to testify that the photographs of the accident scene, which he reviewed, show the truck after the impact with the limousine, intruding into the passenger side compartment of the limousine. Dr. Catanese has concluded and is expected to testify that based on the above information including the injuries described in the autopsy report and the accident photographs, LAUREN BARUCH was seated in such a way that she would have observed the accident as it unfolded and during this time she would have experienced pre-impact terror and fear of impending death. Dr. Catanese has concluded and is expected to testify that according to the deposition transcript of defendant Romeo (the pickup truck driver) he observed the limousine perpendicular to westbound lanes of County Road 48 for seconds (not sure if more or less than 6 seconds) prior to the front of his pickup impacting the passenger side of the limousine. Dr. Catanese has concluded and is expected to testify that after a review of the file, photographs and deposition transcripts, LAUREN BARUCH was seated in the front of the rear passenger compartment of the limousine behind the front passenger side seat, in the u-turning limo facing the passenger side window, and would have observed the impending impact by ROMEO'S pickup truck for the same amount of time defendant ROMEO observed the limousine perpendicular to the westbound lanes. Dr. Catanese has concluded and is expected to testify that based on the above information it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH experienced pre-impact terror prior to the accident. 4 4 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 Dr. Catanese has concluded and is expected to testify that may of the injuries to her torso and extremities would have occurred at the initial impact with the truck. Dr. Catanese is expected to testify that her head and neck injuries, the type of which are usually caused by a head impact with a hyperextension of one's neck, would have occurred after the initial impact with the truck as she was being propelled in the direction of the impacting vehicle. Dr. Catanese has concluded and is expected to testify that during the time following the initial impact, and during the accident LAUREN BARUCH would have experienced conscious pain and suffering from her initial injuries. Dr. Catanese has concluded and is expected to testify that notwithstanding the blood alcohol level of decedent, LAUREN BARUCH, taken at the time of the autopsy, decedent would still have been able to understand the severity of the situation and feel pain. Dr. Catanese has concluded and is expected to testify that based on his review of the entire case records, including the police report, scene photographs, death certificate, autopsy report, depositions, together with his background education, knowledge, training and experience, it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH was conscious and aware of her pain from her initial injuries following the initial impact and during the accident. Dr. Catanese has concluded and is expected to testify that the head and neck injuries described in the autopsy report are rather severe and it is unlikely that after receiving them that she would have experienced any further conscious pain and suffering from her injuries. Dr. Catanese has concluded and is expected to testify that based on the above information it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH 5 5 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 experienced approximately six (6) to seven (7) seconds of pre-impact terror and conscious pain and suffering from the accident on July 18, 2015. Dr. Catanese has concluded and is expected to testify that therefore, based on the above information, it is his opinion within a reasonable degree of medical certainty that LAUREN BARUCH died from the injuries she sustained in the accident of July 18, 2015. Dr. Catanese has concluded and is expected to testify that it is also his opinion, within a reasonable degree of medical certainty that decedent, LAUREN BARUCH, experienced conscious pain and suffering at the time of her initial injuries as well as pre-impact terror to the accident as outlined above. A copy of the Dr. Catanese's report in this matter is annexed hereto "B." as Exhibit Summary of Grounds for Expert's Opinion: Dr. Catanese will testify and give his opinions based upon his review of the medical records including the autopsy report of decedent LAUREN BARUCH, photographs, the investigative reports and any accident reports, deposition testimony, any discovery had in this action; expected trial testimony and proof; and Dr. Catanese's education, training, knowledge, expertise and experience in the field. Qualifications: Dr. Catanese obtained a medical degree from SUNY Health Science Center at Brooklyn, New York in 1987; completed a residency in anatomic pathology at SUNY Health Science Center of Brooklyn in 1989; completed a pediatric internship at Winthrop University Hospital in 1990; and completed a clinical pathology residency at SUNY Health Science Center of Brooklyn in 1992 and a fellowship in forensic pathology at the New York City Medical Examiner's Office in 1993. Dr. Catanese is licensed to practice medicine in the States of New York, New Jersey and Pennsylvania, and currently practices medicine in the Nassau 6 6 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 County vicinity and is board certified in the fields of anatomic and clinical pathology and "C." forensic pathology. A copy of his curriculum vitae is annexed hereto as Exhibit Plaintiff reserves his right to supplement and/or amend the above up to an including the time of trial. Dated: Garden City, New York November 11, 2022 Yours, etc., SULLIVAN PAPAIN BLOCK McGRATH COFFINAS & CANNAVO P.C. By: Beth N. Jablon, E . Attorneys for Plaintif STEVEN BAR as Administrator Of the EST F LAUREN BARUCH 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 742-0707 Bjablon@Triallawl.com TO: LAW OFFICES OF JOHN L. JULIANO, P.C. Attorneys for Plaintiff Estate of Brittney M. Schulman 39 Doyle Court East Northport, New York 11731 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place, Suite 205 Garden City, New York 11530 11 CHAIKIN LaPENNA, PLLC Attorneys for Plaintiff Olga Lipets 1 Penn Plaza, Suite 5315 New York, New York 10119 FRANK J. LAINE, P.C. 7 7 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 Attorney for Plaintiff Estate of Amy Grabina 449 South Oyster Bay Road Plainview, New York 11803 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle DiMonte One Hollow Lane, Suite 107 Lake Success, New York 11042 JOSEPH J. TOCK, ESQ. Attorney for Plaintiff Melissa A. Crai 936 Route Mahopac, New York 10541 BLOCK O'TOOLE & MURPHY, LLP 20 Attorneys for Plaintiff Estate of Stephanie Belli 1 Penn Plaza, Suite 5315 New York, New York 10119 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendants Ultimate Class Limousine, Inc. and Carlos Pino 200 Old Country Road, Suite 680 Mineola, New York 11501 CASCONE & KLUEPFEL, LLP Attorneys for Defendant Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven Romeo One CA Plaza, Suite 225 15 Islandia, New York 11749 THE LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 280 Smithtown Boulevard Nesconset, New York 11767 8 8 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 VICTOR J. NATALE, ESQ. Attorneys for Defendant Cabot Coach Builders, Inc. P.O. Box 2903 11 Hartford, Connecticut 06104-2903 9 9 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 EXHIBIT A 10 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK __-----------------_______________________________________---_________Ç ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTANY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY Index No. 611214/2015 GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA AND MINDY GRABINA INDIVIDUALLY; STEVEN BARUCH, AS PLAINTIFF STEVEN ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, ADMINISTRATOR BARUCH, DECEASED, AND STEVEN BARUCH OF THE ESTATE OF INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. LAUREN BARUCH (DEC'D) CRAI; AND ARTHUR A. BELLI, JR. AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, AFFIRMATION OF DR. DECEASED, AND AS THE ADMINISTRATOR OF THE GERARD A. CATANESE, M.D. ESTATE OF STEPHANIE BELLI, Plaintiffs, -against- ULTIMTE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC, STEVEN D. ROMEO, TOWN OF SOUTHOLD, 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, distributers and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. __________------------------------------------------------------------X Dr. Gerard A. Catanese, M.D. a physician duly licensed to practice medicine in the State of New York affirms the truth of the following, under the penalties of perjury: 1. I am a physician licensed to practice medicine in the State of New York and I am double board certified in the field of anatomic and clinical pathology and forensic pathology, and I maintain an office for the practice of medicine at 64 Muttontown Eastwoods Road, Syosset, New York 11791. 11 of 22 FILED: SUFFOLK COUNTY CLERK 11/11/2022 04:38 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1083 RECEIVED NYSCEF: 11/11/2022 2. I am licensed to practice medicine in the State of New York, New Jersey and Pennsylvania. I attended St. John's University, Queens New York from September 1979 through May 1983, obtaining a B.S. in Biology. I attended SUNY Health Science Center at Brooklyn, New York from September 1983 through May 1987 and obtained a Doctor of Medicine. My residency in Anatomic Pathology was at SUNY Health Science Center at Brooklyn from July 1987 through June 1989; and in Clinical Pathology from July 1990 through June 1992. I also did an internship in pediatrics at Winthrop University Hospital from July 1989 through June 1990. 3. My fellowship in forensic pathology was completed at New York City Medical Examiner's office from July 1992 through June of 1993. 4. I was employed as a Medical Examiner in the New York City Medical Exa