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 11/23/2022 08:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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SUZANNE SCHULMAN, as Administratrix of the Estate Index No. 611214/15
of BRITTANY M. SCHULMAN, Deceased; ALICIA M.
ARUNDEL; OLGA LIPETS; MINDY GRABINA, as AFFIRMATION
Administratrix of the Estate of AMY GRABINA, and MINDY IN OPPOSITION
GRABINA, Individually; STEVEN BARUCH, as Administrator
of the Estate of LAUREN BARUCH, Deceased, and STEVEN
BARUCH, Individually; JOELLE DIMONTE; MELISSA A.
CRAI; and ARTHUR A. BELLI, JR., as Parent and Natural
Guardian of STEPHANIE BELLI, 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 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, distributors
and/or sellers of the 2007 Lincoln Town Car stretch limousine
involved in the collision,
Defendants.
-------------------------------------------------------------------------------X
BRANDON M. CRUZ, an attorney admitted to practice in the courts of the State of New
York, affirms under penalty of perjury pursuant to CPLR § 2106 that the following is true and
correct to the extent of his knowledge:
1. I am the attorney for ALICIA ARUNDEL in the above-entitled actions and, as such,
am fully familiar with all of the facts and evidence of this action. The source of my knowledge and
information are the records maintained by my office in the course and prosecution of this litigation.
2. I submit this Affirmation in Opposition to the Motion for summary judgment made
by defendant TOWN OF SOUTHOLD (“TOWN”) pursuant to CPLR §3212 (Mot. Seq. No. 19).
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FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022
3. For the sake of efficiency and in the interest of conserving judicial resources and
economy, plaintiff ALICIA ARUNDEL adopts and incorporates by reference all of the arguments,
exhibits, and affidavits, set forth by co-plaintiffs, MELISSA CRAI (“CRAI”) and JOELLE
DIMONTE (“DIMONTE”), by their attorneys, Joseph Tock, Esq., and Gary Nielsen, Esq. ,
respectively in their Affirmation in Opposition, Memorandum of Law, and Counterstatement of
Facts to the motion for summary judgment made by defendant TOWN that was submitted on
behalf of all plaintiffs.
4. 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 numerous
triable issues of material fact with regard to (1) whether the TOWN exercises “control” over the
intersection, (2) whether the TOWN had actual notice of the 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 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.
5. As plaintiffs CRAI and DIMONTE correctly argued in the opposition papers, the
TOWN motion must be denied because there are numerous questions of fact that exist that must
be left for a jury to decide as set forth more particularly in the Tock Affirmation and Memorandum
of Law in opposition.
Dated: Garden City, New York
November 23, 2022
Brandon M. Cruz
________________________
BRANDON M. CRUZ
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FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022
CERTIFICATE OF WORD COUNT
The undersigned counsel hereby certifies pursuant to 22 NYCRR § 202.8-b(c) that this
Affirmation complies with 22 NYCRR § 202.8-b(a)(i), in that it contains 438 words exclusive of
the caption and signature block thereof.
Dated: Garden City, New York
November 23, 2022
Brandon M. Cruz
______________________
BRANDON M. CRUZ
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FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/2015
____________________
SUZANNE SCHULMAN, as Administratrix of the Estate of BRITTANY M. SCHULMAN,
Deceased; ALICIA M. ARUNDEL; 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; MELISSA A. CRAI; and ARTHUR A. BELLI,
JR., as Parent and Natural Guardian of STEPHANIE BELLI, 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,
Defendants.
______________________________________________________________________________
AFFIRMATION IN OPPOSITION
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
ALICIA M. ARUNDEL
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-417
ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney admitted to
practice in the Courts of the State of New York, certifies, to the best of his knowledge after reasonable
inquiry, that the contentions contained in the annexed documents are not frivolous.
Brandon M. Cruz
Dated: Garden City, New York By: ________________________
November 23, 2022 BRANDON M. CRUZ, ESQ.
PLEASE TAKE NOTICE
____ NOTICE OF ENTRY that the within is a true copy of a entered in the
office of the clerk of the within named Court on
____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for
settlement to the Hon. one of the judges of the within named Court, on
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Preview
FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------------X SUZANNE SCHULMAN, as Administratrix of the Estate Index No. 611214/15 of BRITTANY M. SCHULMAN, Deceased; ALICIA M. ARUNDEL; OLGA LIPETS; MINDY GRABINA, as AFFIRMATION Administratrix of the Estate of AMY GRABINA, and MINDY IN OPPOSITION GRABINA, Individually; STEVEN BARUCH, as Administrator of the Estate of LAUREN BARUCH, Deceased, and STEVEN BARUCH, Individually; JOELLE DIMONTE; MELISSA A. CRAI; and ARTHUR A. BELLI, JR., as Parent and Natural Guardian of STEPHANIE BELLI, 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 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, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. -------------------------------------------------------------------------------X BRANDON M. CRUZ, an attorney admitted to practice in the courts of the State of New York, affirms under penalty of perjury pursuant to CPLR § 2106 that the following is true and correct to the extent of his knowledge: 1. I am the attorney for ALICIA ARUNDEL in the above-entitled actions and, as such, am fully familiar with all of the facts and evidence of this action. The source of my knowledge and information are the records maintained by my office in the course and prosecution of this litigation. 2. I submit this Affirmation in Opposition to the Motion for summary judgment made by defendant TOWN OF SOUTHOLD (“TOWN”) pursuant to CPLR §3212 (Mot. Seq. No. 19). 1 1 of 4 FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022 3. For the sake of efficiency and in the interest of conserving judicial resources and economy, plaintiff ALICIA ARUNDEL adopts and incorporates by reference all of the arguments, exhibits, and affidavits, set forth by co-plaintiffs, MELISSA CRAI (“CRAI”) and JOELLE DIMONTE (“DIMONTE”), by their attorneys, Joseph Tock, Esq., and Gary Nielsen, Esq. , respectively in their Affirmation in Opposition, Memorandum of Law, and Counterstatement of Facts to the motion for summary judgment made by defendant TOWN that was submitted on behalf of all plaintiffs. 4. 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 numerous triable issues of material fact with regard to (1) whether the TOWN exercises “control” over the intersection, (2) whether the TOWN had actual notice of the 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 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. 5. As plaintiffs CRAI and DIMONTE correctly argued in the opposition papers, the TOWN motion must be denied because there are numerous questions of fact that exist that must be left for a jury to decide as set forth more particularly in the Tock Affirmation and Memorandum of Law in opposition. Dated: Garden City, New York November 23, 2022 Brandon M. Cruz ________________________ BRANDON M. CRUZ 2 2 of 4 FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022 CERTIFICATE OF WORD COUNT The undersigned counsel hereby certifies pursuant to 22 NYCRR § 202.8-b(c) that this Affirmation complies with 22 NYCRR § 202.8-b(a)(i), in that it contains 438 words exclusive of the caption and signature block thereof. Dated: Garden City, New York November 23, 2022 Brandon M. Cruz ______________________ BRANDON M. CRUZ 3 3 of 4 FILED: SUFFOLK COUNTY CLERK 11/23/2022 08:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1154 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 611214/2015 ____________________ SUZANNE SCHULMAN, as Administratrix of the Estate of BRITTANY M. SCHULMAN, Deceased; ALICIA M. ARUNDEL; 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; MELISSA A. CRAI; and ARTHUR A. BELLI, JR., as Parent and Natural Guardian of STEPHANIE BELLI, 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, Defendants. ______________________________________________________________________________ AFFIRMATION IN OPPOSITION THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff ALICIA M. ARUNDEL 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-417 ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of the State of New York, certifies, to the best of his knowledge after reasonable inquiry, that the contentions contained in the annexed documents are not frivolous. Brandon M. Cruz Dated: Garden City, New York By: ________________________ November 23, 2022 BRANDON M. CRUZ, ESQ. PLEASE TAKE NOTICE ____ NOTICE OF ENTRY that the within is a true copy of a entered in the office of the clerk of the within named Court on ____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, on 4 4 of 4