On October 21, 2015 a
Motion-Secondary
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
Xyz Companies 1-5
Name Being Fictitious But Intended To Be The Remanufacturers, Distributors, And Or Sellers Of The 2007 Lincoln Town Car Stretch Limousine Involved In The Collision,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 11/18/2022 12:03 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 11/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No: 611214/2015
ALICIA M. ARUNDEL; SUZANNE
SCHULMAN, as Administratrix of the ESTATE
OF BRITTANY SCHULMAN, deceased; OLGA
LIPETS; MINDY GRABINA, as Administratrix of
the Estate of AMY GRABINA, and MINDY
DEFENDANT STEVEN
GRABINA, Individually; STEVEN BARUCH, as
ROMEO’S AFFIRMATION
Administrator of the Estate of LAUREN
IN OPPOSITION TO THE
BARUCH, deceased and STEVEN BARUCH,
MOTION FOR SUMMARY
Individually; JOELLE DIMONTE; MELISSA
JUDGMENTOF THE
A.CRAI; and ARTHUR A. BELLI JR., as parent
DEFENDANT, TOWN OF
and natural guardian of STEPHANIE BELLI,
SOUTHOLD
deceased, and as the Administrator of THE
ESTATE OF STEPHANIE BELLI,
Plaintiffs,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICE, INC.,
STEVEN 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, distributors
and/or sellers of the 2007 Lincoln Town Car stretch
limousine involved in the collision,
Defendants.
COUNSELORS:
REBECCA K. DEVLIN, ESQ., an attorney duly admitted to practice law before the Courts
of the State of New York, affirms that the following statements are true, upon information and
belief, under penalties of perjury:
1. I am a partner with the firm of LEWIS JOHS AVALLONE AVILES, LLP,
attorneys for defendant, STEVEN ROMEO, in the above-referenced matter, and as such, I am
fully familiar with the facts and circumstances herein.
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FILED: SUFFOLK COUNTY CLERK 11/18/2022 12:03 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 11/18/2022
2. This Affirmation is submitted in opposition to the Motion for Summary Judgment
of defendant, TOWN OF SOUTHOLD (hereinafter referred to as “the Town”).
3. For the sake of efficiency and in the interest of judicial economy, your Affirmant
adopts and incorporates those facts, legal arguments and exhibits contained in plaintiffs’
Affirmation in Opposition to the Motion of the Town for summary judgment, and the
Memorandum of Law in support of the Opposition to the Motion of the Town for summary
judgment, solely they relate to there being triable, material questions which would preclude a
finding of summary judgment in favor of the Town.
4. The adoption and incorporation of those facts, legal arguments and exhibits
contained in plaintiffs’ Affirmation in Opposition to the Motion of the Town for summary
judgment, and in the Memorandum of Law in support of the Opposition to the Motion of the Town
for summary judgment, solely as they pertain to there being issues of triable, material fact with
regard to the Town’s liability, does not constitute an admission or concession as to any allegations
set forth against non-moving defendant, STEVEN ROMEO. Defendant, STEVEN ROMEO,
makes no admission or concession of any facts, legal arguments and exhibits as they pertain to any
allegations set forth against him in plaintiffs’ opposition papers whatsoever.
5. For the reasons set forth in the Affirmation in Opposition of Joseph J. Tock, Esq.,
dated November 18, 2022, and the accompanying Memorandum of Law, there are triable, material
issues of fact with regard to: (1) whether the Town exercises “control” over the intersection, (2)
whether the Town had actual notice of dangerous condition at the subject intersection, (3) whether
the Town acted unreasonably in failing to install or update a traffic control device at the subject
intersection, (4) whether the town failed to take interim action on its own, and (5) whether the
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FILED: SUFFOLK COUNTY CLERK 11/18/2022 12:03 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 11/18/2022
Town’s negligence in failing to provide a safe and appropriate traffic control device or establish a
no U-turn zone at the intersection would have prevented the accident.
6. As such, it is respectfully submitted that the Town of Southold’s Motion for
Summary Judgment on liability grounds should be denied in its entirety.
WHEREFORE, it is respectfully requested that the TOWN OF SOUTHOLD’s Motion be
denied in its entirety, and that the Court grant such other and further relief as this Court may deem
just and proper.
Dated: Islandia, New York
November 18, 2022
By:
Rebecca K. Devlin
rkdevlin@lewisjohs.com
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Preview
FILED: SUFFOLK COUNTY CLERK 11/18/2022 12:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 11/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No: 611214/2015 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Administratrix of the ESTATE OF BRITTANY SCHULMAN, deceased; OLGA LIPETS; MINDY GRABINA, as Administratrix of the Estate of AMY GRABINA, and MINDY DEFENDANT STEVEN GRABINA, Individually; STEVEN BARUCH, as ROMEO’S AFFIRMATION Administrator of the Estate of LAUREN IN OPPOSITION TO THE BARUCH, deceased and STEVEN BARUCH, MOTION FOR SUMMARY Individually; JOELLE DIMONTE; MELISSA JUDGMENTOF THE A.CRAI; and ARTHUR A. BELLI JR., as parent DEFENDANT, TOWN OF and natural guardian of STEPHANIE BELLI, SOUTHOLD deceased, and as the Administrator of THE ESTATE OF STEPHANIE BELLI, Plaintiffs, -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN 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, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. COUNSELORS: REBECCA K. DEVLIN, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, affirms that the following statements are true, upon information and belief, under penalties of perjury: 1. I am a partner with the firm of LEWIS JOHS AVALLONE AVILES, LLP, attorneys for defendant, STEVEN ROMEO, in the above-referenced matter, and as such, I am fully familiar with the facts and circumstances herein. 1 of 3 FILED: SUFFOLK COUNTY CLERK 11/18/2022 12:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 11/18/2022 2. This Affirmation is submitted in opposition to the Motion for Summary Judgment of defendant, TOWN OF SOUTHOLD (hereinafter referred to as “the Town”). 3. For the sake of efficiency and in the interest of judicial economy, your Affirmant adopts and incorporates those facts, legal arguments and exhibits contained in plaintiffs’ Affirmation in Opposition to the Motion of the Town for summary judgment, and the Memorandum of Law in support of the Opposition to the Motion of the Town for summary judgment, solely they relate to there being triable, material questions which would preclude a finding of summary judgment in favor of the Town. 4. The adoption and incorporation of those facts, legal arguments and exhibits contained in plaintiffs’ Affirmation in Opposition to the Motion of the Town for summary judgment, and in the Memorandum of Law in support of the Opposition to the Motion of the Town for summary judgment, solely as they pertain to there being issues of triable, material fact with regard to the Town’s liability, does not constitute an admission or concession as to any allegations set forth against non-moving defendant, STEVEN ROMEO. Defendant, STEVEN ROMEO, makes no admission or concession of any facts, legal arguments and exhibits as they pertain to any allegations set forth against him in plaintiffs’ opposition papers whatsoever. 5. For the reasons set forth in the Affirmation in Opposition of Joseph J. Tock, Esq., dated November 18, 2022, and the accompanying Memorandum of Law, there are triable, material issues of fact with regard to: (1) whether the Town exercises “control” over the intersection, (2) whether the Town had actual notice of dangerous condition at the subject intersection, (3) whether the Town acted unreasonably in failing to install or update a traffic control device at the subject intersection, (4) whether the town failed to take interim action on its own, and (5) whether the 2 of 3 FILED: SUFFOLK COUNTY CLERK 11/18/2022 12:03 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 11/18/2022 Town’s negligence in failing to provide a safe and appropriate traffic control device or establish a no U-turn zone at the intersection would have prevented the accident. 6. As such, it is respectfully submitted that the Town of Southold’s Motion for Summary Judgment on liability grounds should be denied in its entirety. WHEREFORE, it is respectfully requested that the TOWN OF SOUTHOLD’s Motion be denied in its entirety, and that the Court grant such other and further relief as this Court may deem just and proper. Dated: Islandia, New York November 18, 2022 By: Rebecca K. Devlin rkdevlin@lewisjohs.com 3 of 3