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 11/28/2022 04:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/2015
_______________________________________________________________________x
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Motion Seq. No.: 19
administratrix of the ESTATE OF BRITTANY M.
SCHULMAN, deceased; OLGA LIPETS; MINDY GRABINA, AFFIRMATION IN
as administratrix of the estate of AMY GRABINA, and MINDY OPPOSITION TO
GRABINA, individually; STEVEN BARUCH, as administrator DEFENDANT TOWN'S
of the ESTATE OF LAUREN BARUCH, deceased, and MOTION FOR
STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; SUMMARY
MELISSA CRAI; and ARTHUR A. BELLI, Jr.,as parent and JUDGMENT
Natural Guardian of STEPHANIE BELLI, deceased, and
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 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
Jeffrey A. Block, an attorney duly admitted to practice before the courts of this State, and
a Partner of BLOCK O'TOOLE & MURPHY, LLP, attorneys for Plaintiff, ARTHUR A. BELLI,
Jr.,as Administrator of THE ESTATE OF STEPHANIE BELLI, affirms the following to be true
under penalties of perjury:
1. I am familiar with the pleadings and proceedings had in this matter previously, and
make this Affirmation in opposition to the motion by Defendant TOWN OF SOUTHOLD
Plaintiffs'
("TOWN") (Motion Seq. No. 19), which seeks summary judgment dismissing claims
against it.
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NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022
2. I adopt and the Response to Statement of Facts e-
hereby incorporate, by reference,
Plaintiffs'
filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1089; joint Memorandum
of Law e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1090; the affirmation in
opposition e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1088 and all exhibits
enumerated therein; the affidavit of Nicholas Bellizzi, P.E. sworn to on November 8, 2022, with
exhibits and e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1091; and the affidavit
of William Shipman sworn to on November 5, 2022, with exhibits, and e-filed by Gerhardt Meyer
Nielson, Esq. at NYSCEF Doc. No. 1092.
3. As this Court is aware, this case involves a tragic, multi-fatality motor vehicle
accident in which a stretch limousine carrying eight young women was T-boned by a truck. The
cause of the collision is not at issue here. Nor is the liability or fault of the drivers.
4. As this Court is aware, this case involves a tragic, multi-fatality motor vehicle
accident in which a stretch limousine carrying eight young women was T-boned by a truck. The
cause of the collision is not at issue here. Nor is the liability or fault of the drivers.
Plaintiffs'
5. Respectfully, the evidence submitted with opposition to Defendant
TOWN's motion, including the expert affidavits and myriad of investigation materials from this
extensively investigated, tragic accident, demonstrate that issues of fact exist concerning whether
'control'
Defendant TOWN exercised over the subject intersection; whether Defendant TOWN
had actual notice of the hazardous condition in this case due to frequent unlawful U-
roadway
Turns and a lack of adequate traffic control; whether Defendant TOWN negligently failed to follow
up on its initial request for a traffic light at the subject intersection; whether Defendant TOWN
U-Turn'
failed to adopt a law to erect 'No signs at the intersection; and whether Defendant
TOWN's negligence in failing to provide a safe and appropriate traffic control device or establish
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FILED: SUFFOLK COUNTY CLERK 11/28/2022 04:29 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022
a No U-Turn zone at the intersection would have prevented the accident and was therefore a
proximate cause of the injuries and deaths in this case.
6. In addition, Plaintiff hereby submits the affirmation of Aric Hausknecht, M.D., and
the affidavit of James Pugh, P.E. and medical evidence, which, respectfully, require denial of the
branch of Defendant's motion seeking to dismiss Plaintiff BELLI's damages claims, including
conscious pain and suffering.
WHEREFORE, itis respectfully requested that Defendant TOWN's motion (Seq. No. 19)
be denied; together with such other and further relief as this Court deems just and proper.
Dated: New York, New York
November 28, 2022
JEFFREY A. B CK, Esq.
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NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022
WORD COUNT CERTIFICATION
Pursuant to Uniform Civil Rules for the Supreme Court § 202.8-b(b) and (c), I hereby
certify that the accompanying AFFIRMATION IN OPPOSITION, was prepared a computer
using Microsoft Word, with a proportionally-spaced typeface, as follows:
Name of typeface: Times New Roman
Point size: 12
Line Spacing: Double
Ford Count. The total number of words in this Affirmation in Opposition, inclusive of
point headings and footnotes and exclusive of the caption, signature block and this Certification is
5.21, which complies with the 7,000 word limit for Affirmations in chief and 4,200 word limit for
reply affirmations (see 22 NYCRR §202.8-b(b), (c)).
Dated: New York, New York
November 28, 2022
Yo , etc.
JEFF Y A. BLOCK, Esq.
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Preview
FILED: SUFFOLK COUNTY CLERK 11/28/2022 04:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 611214/2015 _______________________________________________________________________x ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Motion Seq. No.: 19 administratrix of the ESTATE OF BRITTANY M. SCHULMAN, deceased; OLGA LIPETS; MINDY GRABINA, AFFIRMATION IN as administratrix of the estate of AMY GRABINA, and MINDY OPPOSITION TO GRABINA, individually; STEVEN BARUCH, as administrator DEFENDANT TOWN'S of the ESTATE OF LAUREN BARUCH, deceased, and MOTION FOR STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; SUMMARY MELISSA CRAI; and ARTHUR A. BELLI, Jr.,as parent and JUDGMENT Natural Guardian of STEPHANIE BELLI, deceased, and 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 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 Jeffrey A. Block, an attorney duly admitted to practice before the courts of this State, and a Partner of BLOCK O'TOOLE & MURPHY, LLP, attorneys for Plaintiff, ARTHUR A. BELLI, Jr.,as Administrator of THE ESTATE OF STEPHANIE BELLI, affirms the following to be true under penalties of perjury: 1. I am familiar with the pleadings and proceedings had in this matter previously, and make this Affirmation in opposition to the motion by Defendant TOWN OF SOUTHOLD Plaintiffs' ("TOWN") (Motion Seq. No. 19), which seeks summary judgment dismissing claims against it. 1 of 4 FILED: SUFFOLK COUNTY CLERK 11/28/2022 04:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022 2. I adopt and the Response to Statement of Facts e- hereby incorporate, by reference, Plaintiffs' filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1089; joint Memorandum of Law e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1090; the affirmation in opposition e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1088 and all exhibits enumerated therein; the affidavit of Nicholas Bellizzi, P.E. sworn to on November 8, 2022, with exhibits and e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1091; and the affidavit of William Shipman sworn to on November 5, 2022, with exhibits, and e-filed by Gerhardt Meyer Nielson, Esq. at NYSCEF Doc. No. 1092. 3. As this Court is aware, this case involves a tragic, multi-fatality motor vehicle accident in which a stretch limousine carrying eight young women was T-boned by a truck. The cause of the collision is not at issue here. Nor is the liability or fault of the drivers. 4. As this Court is aware, this case involves a tragic, multi-fatality motor vehicle accident in which a stretch limousine carrying eight young women was T-boned by a truck. The cause of the collision is not at issue here. Nor is the liability or fault of the drivers. Plaintiffs' 5. Respectfully, the evidence submitted with opposition to Defendant TOWN's motion, including the expert affidavits and myriad of investigation materials from this extensively investigated, tragic accident, demonstrate that issues of fact exist concerning whether 'control' Defendant TOWN exercised over the subject intersection; whether Defendant TOWN had actual notice of the hazardous condition in this case due to frequent unlawful U- roadway Turns and a lack of adequate traffic control; whether Defendant TOWN negligently failed to follow up on its initial request for a traffic light at the subject intersection; whether Defendant TOWN U-Turn' failed to adopt a law to erect 'No signs at the intersection; and whether Defendant TOWN's negligence in failing to provide a safe and appropriate traffic control device or establish 2 of 4 FILED: SUFFOLK COUNTY CLERK 11/28/2022 04:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022 a No U-Turn zone at the intersection would have prevented the accident and was therefore a proximate cause of the injuries and deaths in this case. 6. In addition, Plaintiff hereby submits the affirmation of Aric Hausknecht, M.D., and the affidavit of James Pugh, P.E. and medical evidence, which, respectfully, require denial of the branch of Defendant's motion seeking to dismiss Plaintiff BELLI's damages claims, including conscious pain and suffering. WHEREFORE, itis respectfully requested that Defendant TOWN's motion (Seq. No. 19) be denied; together with such other and further relief as this Court deems just and proper. Dated: New York, New York November 28, 2022 JEFFREY A. B CK, Esq. 3 of 4 FILED: SUFFOLK COUNTY CLERK 11/28/2022 04:29 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1158 RECEIVED NYSCEF: 11/28/2022 WORD COUNT CERTIFICATION Pursuant to Uniform Civil Rules for the Supreme Court § 202.8-b(b) and (c), I hereby certify that the accompanying AFFIRMATION IN OPPOSITION, was prepared a computer using Microsoft Word, with a proportionally-spaced typeface, as follows: Name of typeface: Times New Roman Point size: 12 Line Spacing: Double Ford Count. The total number of words in this Affirmation in Opposition, inclusive of point headings and footnotes and exclusive of the caption, signature block and this Certification is 5.21, which complies with the 7,000 word limit for Affirmations in chief and 4,200 word limit for reply affirmations (see 22 NYCRR §202.8-b(b), (c)). Dated: New York, New York November 28, 2022 Yo , etc. JEFF Y A. BLOCK, Esq. 4 of 4