Preview
FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------- ------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED; OLGA LIPETS; M1NDY
GRAB1NA, AS ADMINSTRATRIX 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, DEMAND FOR EXECUTION
OF TRANSCRIPT
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, 1NC., 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
PLEASE TAKE NOTICE that, pursuant to C.P.L.R. Rule 3116 governing the
exchange, execution and/or signing of deposition transcripts, enclosed herewith is the following:
1. A copy of the transcript of the examination before trial upon oral questions
conducted of Chief Martin Flatley on behalf of The Town of Southold.
PLEASE TAKE FURTHER NOTICE, that demand is hereby made that the transcript be
read by or to the deponent, and that the deponent sign said transcript where indicated, before an
officer authorized to administer an oath, and return same to the undersigned.
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FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116 (a) and the
controlling cases of Columbia v. Lee, 239 A.D. 849, 264 N.Y.S. 423 (2d Dept. 1933) and
(13t
Skeaney v. Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 Dept. 1960), which
hold that witnesses may not in any way delete, erase or obliterate the answers as transcribed.
Before the witness signs and subscribes his or her testimony, he or she may add to the end of the
deposition on a sheet provided for said purpose, any changes in the form or substance of said
transcript along with a statement of the reasons for making such chañges. After adding such a
statement, he or she may sign and subscribe his or her testimony in the transcript and on the
correction page.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116(a), ifwe do
not receive the duly executed original transcripts with any corrections or changes within sixty
(60) days, we shall deem the copies to be an original for all purposes provide by the C.P.L.R, and
may use same as though signed. No changes to the transcript may be made by the witness more
than sixty (60) days after submission to the witness for review and examination.
Dated: July 29, 2019
Melville, New York
Yours, etc.
LAW O O A G. SAWYERS
By:
STEVEN A. EIGE ALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC
Physical Address:
3 Huntington Quadrangle, Suite 102S
Melville, NY 11747
Please note our new mailing address:
PO Box 2903
Hartford, CT 06104-2903
(631) 501-3100
Matter No.: 20170245398AS
TO:
Law Offices of Thomas M. Volz, PLLC
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FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019
Attorneys for Defendant
The Town of Southold
280 Smithtown Boulevard
Nesconset, NY 11767
Bongiorno, Montiglio & Palmieri, PLLC
Attorneys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
200 Old Country Road
Suite 680
Mineola, New York 11501
(516)620-0687
Cascone & Klupfel, LLP
Attorneys for Defendant
Romeo Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
(516) 747-1990
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff
Estate of Lauren Baruch
1140 Franklin Avenue
Suite 200
Garden City, NY 11530
(516) 742-0707
Pegalis & Erickson, LLC
Attorneys for Plaintiff
Joelle Dimonte
One Hollow Lane
Suite 10
Lake Success, NY 11042
(516) 684-2939
Joseph J. Tock, Esq.
Attorney for Plaintiff
Melissa A. Crai
963 Route 6
Mahopac, NY 10541
(845) 628-8080
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate of Brittany Schulman
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
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NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant
Steven D. Romeo
One CA Plaza
Suite 225
Islandia, NY 11749
(631) 755-0101
The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place
Suite 205
Garden City, NY 11530
(516) 741-4170
Paris & Chaikin, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza
Suite 2202
New York, NY 10122
Frank J. Laine, P.C.
Attorneys for Plaintiff
Estate of Amy Grabina
449 South Oyster Bay Road
Plainview, NY 11803
(516) 937-1010
Law Office of Vincent D. McNamara
Attorneys for Defendant
The County of Suffolk
Tower Square-1045 Oyster Bay Road
East Norwich, NY 11732
(516)922-9100
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FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____ . -------------------------------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY
GRAB1NA, AS ADMINSTRATRIX OF THE ESTATE
OF AMY GRAB1NA, AND MINDY GRAB1NA,
1NDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED,
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs,
AFFIDAVIT OF SERVICE
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS P1NO,
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
STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
KATHLEEN NELSON, being duly sworn, says that deponent is not a party to the
29th
action; is over the age of 18 years; that on the day of July, 2019 deponent served the within
DEMAND FOR EXECUTION OF TRANSCRIPT (Chief Martin Flatley), upon:
Law Offices of Thomas M. Volz, PLLC
Attorneys for Defendant
The Town of Southold
280 Smithtown Boulevard
Nesconset, NY 11767
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FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019
The address designated for such service, by depositing a true copy in an official depository under
the care and custody of the U.S. Postal Service, w thin the State of New York.
KA HLEEN NELSON
Sworn to before me this
2981
day of July, 2019
u 1
MARGARITA GARCIA
o GAÎ09 56
Qualifiedin SuffolkCounty
Commission ExpiresJune 16,20
6 of 6
Preview
FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------- ------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS; M1NDY GRAB1NA, AS ADMINSTRATRIX 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, DEMAND FOR EXECUTION OF TRANSCRIPT -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, 1NC., 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 PLEASE TAKE NOTICE that, pursuant to C.P.L.R. Rule 3116 governing the exchange, execution and/or signing of deposition transcripts, enclosed herewith is the following: 1. A copy of the transcript of the examination before trial upon oral questions conducted of Chief Martin Flatley on behalf of The Town of Southold. PLEASE TAKE FURTHER NOTICE, that demand is hereby made that the transcript be read by or to the deponent, and that the deponent sign said transcript where indicated, before an officer authorized to administer an oath, and return same to the undersigned. 1 of 6 FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019 PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116 (a) and the controlling cases of Columbia v. Lee, 239 A.D. 849, 264 N.Y.S. 423 (2d Dept. 1933) and (13t Skeaney v. Silver Beach Realty Corp., 10 A.D.2d 537, 201 N.Y.S.2d 163 Dept. 1960), which hold that witnesses may not in any way delete, erase or obliterate the answers as transcribed. Before the witness signs and subscribes his or her testimony, he or she may add to the end of the deposition on a sheet provided for said purpose, any changes in the form or substance of said transcript along with a statement of the reasons for making such chañges. After adding such a statement, he or she may sign and subscribe his or her testimony in the transcript and on the correction page. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Rule 3116(a), ifwe do not receive the duly executed original transcripts with any corrections or changes within sixty (60) days, we shall deem the copies to be an original for all purposes provide by the C.P.L.R, and may use same as though signed. No changes to the transcript may be made by the witness more than sixty (60) days after submission to the witness for review and examination. Dated: July 29, 2019 Melville, New York Yours, etc. LAW O O A G. SAWYERS By: STEVEN A. EIGE ALD Attorneys for Defendant CABOT COACH BUILDERS, INC Physical Address: 3 Huntington Quadrangle, Suite 102S Melville, NY 11747 Please note our new mailing address: PO Box 2903 Hartford, CT 06104-2903 (631) 501-3100 Matter No.: 20170245398AS TO: Law Offices of Thomas M. Volz, PLLC 2 of 6 FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019 Attorneys for Defendant The Town of Southold 280 Smithtown Boulevard Nesconset, NY 11767 Bongiorno, Montiglio & Palmieri, PLLC Attorneys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 200 Old Country Road Suite 680 Mineola, New York 11501 (516)620-0687 Cascone & Klupfel, LLP Attorneys for Defendant Romeo Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 (516) 747-1990 Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff Estate of Lauren Baruch 1140 Franklin Avenue Suite 200 Garden City, NY 11530 (516) 742-0707 Pegalis & Erickson, LLC Attorneys for Plaintiff Joelle Dimonte One Hollow Lane Suite 10 Lake Success, NY 11042 (516) 684-2939 Joseph J. Tock, Esq. Attorney for Plaintiff Melissa A. Crai 963 Route 6 Mahopac, NY 10541 (845) 628-8080 John J. Juliano, Esq. Attorneys for Plaintiff Estate of Brittany Schulman 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 3 of 6 FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019 Lewis Johs Avallone Aviles, LLP Attorneys for Defendant Steven D. Romeo One CA Plaza Suite 225 Islandia, NY 11749 (631) 755-0101 The Bongiorno Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place Suite 205 Garden City, NY 11530 (516) 741-4170 Paris & Chaikin, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza Suite 2202 New York, NY 10122 Frank J. Laine, P.C. Attorneys for Plaintiff Estate of Amy Grabina 449 South Oyster Bay Road Plainview, NY 11803 (516) 937-1010 Law Office of Vincent D. McNamara Attorneys for Defendant The County of Suffolk Tower Square-1045 Oyster Bay Road East Norwich, NY 11732 (516)922-9100 4 of 6 FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____ . -------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRAB1NA, AS ADMINSTRATRIX OF THE ESTATE OF AMY GRAB1NA, AND MINDY GRAB1NA, 1NDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, AFFIDAVIT OF SERVICE -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS P1NO, 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 STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) KATHLEEN NELSON, being duly sworn, says that deponent is not a party to the 29th action; is over the age of 18 years; that on the day of July, 2019 deponent served the within DEMAND FOR EXECUTION OF TRANSCRIPT (Chief Martin Flatley), upon: Law Offices of Thomas M. Volz, PLLC Attorneys for Defendant The Town of Southold 280 Smithtown Boulevard Nesconset, NY 11767 5 of 6 FILED: SUFFOLK COUNTY CLERK 07/29/2019 09:12 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 511 RECEIVED NYSCEF: 07/29/2019 The address designated for such service, by depositing a true copy in an official depository under the care and custody of the U.S. Postal Service, w thin the State of New York. KA HLEEN NELSON Sworn to before me this 2981 day of July, 2019 u 1 MARGARITA GARCIA o GAÎ09 56 Qualifiedin SuffolkCounty Commission ExpiresJune 16,20 6 of 6