Preview
FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
__________ ___.._____________..______...----------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITNEY M. Index Nos: 611214/15
SHULMAN, DECEASED; OLGA LIPETS; MINDY 609082/15
GRABINA, AS ADMINISTRATRIX OF THE ESTATE 600055/16
OF AMY GRABINA, AND MINDY GRABINA, 603536/16
INDIVIDUALLY; STEVEN BARUCH, AS 003364/16
ADMINISTRATOR OF THE ESTATE OF LAUREN 001831/16
BARUCH, DECEASED, AND STEVEN BARUCH, 607598/16
INDIVIDUALLY; JOELLE DIMONTE; MELISSA CRAI, 614685/16
AND ARTHUR A. BELLI JR., AS PARENT AND
NATURAL GUARDIAN OF STEPHANI BELLI, RESPONSE TO
DECEASED, AND AS THE ADMINISTRATOR OF THE NOTICE TO PRODUCE
ESTATE OF STEPHANIE BELLI,
Plaintiffs,
- against -
STEVEN D. ROMEO, ROMEO DIMON MARINE
SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS,
INC., COUNTY OF SUFFOLK, TOWN OF SOUTHOLD
and CABOT COACH BUILDERS, INC., d/b/a ROYALE
1-5"
LIMOUSINE and "XYZ COMPANIES name being
Fictitious but intended to be the remanufactures, distributors
and/sellers of the 2007 Lincoln Town Car stretch limousine
in the collision,
Defendants.
-------------------------- -------------X
S I R S :
PLEASE TAKE NOTICE, that defendant, TOWN OF SOUTHOLD by their attorneys,
LAW OFFICES OF THOMAS M. VOLZ, PLLC, in response to plaintiff, MELISSA A. CRAI,
Notice to Produce, dated June 6, 2019, sets forth, upon information and belief, the following:
1. Any and all documentation relating to the original and any subsequent
applications and supporting documents therefore, as well as any and all approvals, approval
resolutions, decisions, orders issued by any department, division, board or agency of the Town
of Southold and/or the County of Suffolk, including but not limited to Town of Southold Town
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FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019
Board, Town of Southold Planning Board, Town of Southold Zoning Board of Appeals Town of
Southold Architectural Review Board, Town of Southold Environmental
Conservation/Protections Board, Town of Southold Environmental Impact Studies, County of
Suffolk Department of Health, County of Suffolk Environmental Impact Studies, County of
Suffolk Department of Transportation, regarding the premises known and designated as 18910
County Rd 48 #48, Cutchogue, NY 11935, Town of Southold, Tax Map No.
890.9600.04000.04003 and also known as "Vineyard 48".
This demand shall include, but not limited to: surveys, drawings, sketches, site plans, sketch
plans, concept plans, building plans, improvement plans, applications and/or environmental
reports with regard to engineering, grading, landscaping, drainage, erosion control, stormwater
control, architectural, traffic control and driveway cut placement, Department or Board
approvals, approval resolutions, Department or Board decisions, and minutes of all Department
or Board meetings and decisions.
RESPONSE: Objection. This demand is overly broad, unduly burdensome, unlimited in time
and scope and neither material nor necessary to the prosecution of the instant suit. Vineyard 48 is
not a party to the instant suit and there are no allegations in the Amended Complaint or in
plaintiffs'
Bill of Particulars that would establish the materiality or necessity of this information
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FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019
or how itin any way relates to the subject accident.
Dated: Nesconset, New York
June 24, 2019 Yours, etc.,
LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant
TOWN OF SOUTHOLD
280 Srnithtown Boulevard
Nesconset, New York 1 1767
(631) 366-2700
JOF A S. SHTEIER.MAN
TO: JOSEPH J. TOCK
Attorneys for Plaintiff
MELISSA A. CRAI
963 Route 6
Mahopac, New York 10541
(845) 628-8080
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEVEN D. ROMEO
One CA Plaza, Suite 225
Islandia, New York 11749
Attn: Rebecca K. Devlin, Esq.
(Your File No.: 0114.1460.003C)
CASCONE & KLUEPFEL LLP
Attn: David G. Kluepfel, Esq.
Attorneys for Defendant
ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(Your File No.: 04128DVM.)
LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant
COUNTY OF SUFFOLK
Tower Square- 1045 Oyster Suite I
Bay Road,
East Norwich, New York 11732
(Your File No.: 907-4577)
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FILED: SUFFOLK . COUNTY CLERK 06/24/2019
. 04:16 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019
AHMUTY DEMERS & McMANUS
Attn: Neil J. Palmeri, Esq,
Attorneys for Defendants
ULTIMATE CLASS LIMOUSINE, INC.
and CARLOS PINO
200 I.U. Willets Road
Albertson, New York 11507
(Your File No.: 1BM 068515 NJP)
LAW OFFICE OF ANDREA G. SAWYERS
Attn: Steven A. Steigerwald, Esq.
Attorneys for Defendant
CABOT COACH BUILDERS, INC. d/b/a
ROYALE LIMOUSINE
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
(Your File No.: 2017024539SAS)
JOHN L. JULIANO, P.C.
Attorney for Plaintiff
ESTATE OF SHULMAN
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 1 1530
SULLIVAN, PAPAIN, BLOCK,
McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff
ESTATE OF BARUCH
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
PEGALIS & ERICKSON, LLC
Attorneys for Plaintiff
JOELLE DIMONTE
One Hollow Lane, Suite 107
Lake Success, New York 11042
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FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019
FRANK J. LAINE, P.C.
Attorneys for Plaintiff
ESTATE OF GRABINA
449 South Oyster Bay Road
Plainview, New York 11803
PARIS & CHAIKIN, PLLC
Attorney for Plaintiff
OLGA LIPETS
14 Penn Plaza, Suite 2202
New York, New York 10122
BLOCK O'TOOLE & MURPHY, ESQS.
Attorneys for Plaintiff
ESTATE OF BELLI
One Penn Plaza, Suite 5315
New York, New York 10019
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Preview
FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK __________ ___.._____________..______...----------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITNEY M. Index Nos: 611214/15 SHULMAN, DECEASED; OLGA LIPETS; MINDY 609082/15 GRABINA, AS ADMINISTRATRIX OF THE ESTATE 600055/16 OF AMY GRABINA, AND MINDY GRABINA, 603536/16 INDIVIDUALLY; STEVEN BARUCH, AS 003364/16 ADMINISTRATOR OF THE ESTATE OF LAUREN 001831/16 BARUCH, DECEASED, AND STEVEN BARUCH, 607598/16 INDIVIDUALLY; JOELLE DIMONTE; MELISSA CRAI, 614685/16 AND ARTHUR A. BELLI JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANI BELLI, RESPONSE TO DECEASED, AND AS THE ADMINISTRATOR OF THE NOTICE TO PRODUCE ESTATE OF STEPHANIE BELLI, Plaintiffs, - against - STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS, INC., COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and CABOT COACH BUILDERS, INC., d/b/a ROYALE 1-5" LIMOUSINE and "XYZ COMPANIES name being Fictitious but intended to be the remanufactures, distributors and/sellers of the 2007 Lincoln Town Car stretch limousine in the collision, Defendants. -------------------------- -------------X S I R S : PLEASE TAKE NOTICE, that defendant, TOWN OF SOUTHOLD by their attorneys, LAW OFFICES OF THOMAS M. VOLZ, PLLC, in response to plaintiff, MELISSA A. CRAI, Notice to Produce, dated June 6, 2019, sets forth, upon information and belief, the following: 1. Any and all documentation relating to the original and any subsequent applications and supporting documents therefore, as well as any and all approvals, approval resolutions, decisions, orders issued by any department, division, board or agency of the Town of Southold and/or the County of Suffolk, including but not limited to Town of Southold Town 1 of 5 FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019 Board, Town of Southold Planning Board, Town of Southold Zoning Board of Appeals Town of Southold Architectural Review Board, Town of Southold Environmental Conservation/Protections Board, Town of Southold Environmental Impact Studies, County of Suffolk Department of Health, County of Suffolk Environmental Impact Studies, County of Suffolk Department of Transportation, regarding the premises known and designated as 18910 County Rd 48 #48, Cutchogue, NY 11935, Town of Southold, Tax Map No. 890.9600.04000.04003 and also known as "Vineyard 48". This demand shall include, but not limited to: surveys, drawings, sketches, site plans, sketch plans, concept plans, building plans, improvement plans, applications and/or environmental reports with regard to engineering, grading, landscaping, drainage, erosion control, stormwater control, architectural, traffic control and driveway cut placement, Department or Board approvals, approval resolutions, Department or Board decisions, and minutes of all Department or Board meetings and decisions. RESPONSE: Objection. This demand is overly broad, unduly burdensome, unlimited in time and scope and neither material nor necessary to the prosecution of the instant suit. Vineyard 48 is not a party to the instant suit and there are no allegations in the Amended Complaint or in plaintiffs' Bill of Particulars that would establish the materiality or necessity of this information 2 of 5 FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019 or how itin any way relates to the subject accident. Dated: Nesconset, New York June 24, 2019 Yours, etc., LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant TOWN OF SOUTHOLD 280 Srnithtown Boulevard Nesconset, New York 1 1767 (631) 366-2700 JOF A S. SHTEIER.MAN TO: JOSEPH J. TOCK Attorneys for Plaintiff MELISSA A. CRAI 963 Route 6 Mahopac, New York 10541 (845) 628-8080 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEVEN D. ROMEO One CA Plaza, Suite 225 Islandia, New York 11749 Attn: Rebecca K. Devlin, Esq. (Your File No.: 0114.1460.003C) CASCONE & KLUEPFEL LLP Attn: David G. Kluepfel, Esq. Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (Your File No.: 04128DVM.) LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant COUNTY OF SUFFOLK Tower Square- 1045 Oyster Suite I Bay Road, East Norwich, New York 11732 (Your File No.: 907-4577) 3 of 5 FILED: SUFFOLK . COUNTY CLERK 06/24/2019 . 04:16 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019 AHMUTY DEMERS & McMANUS Attn: Neil J. Palmeri, Esq, Attorneys for Defendants ULTIMATE CLASS LIMOUSINE, INC. and CARLOS PINO 200 I.U. Willets Road Albertson, New York 11507 (Your File No.: 1BM 068515 NJP) LAW OFFICE OF ANDREA G. SAWYERS Attn: Steven A. Steigerwald, Esq. Attorneys for Defendant CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 (Your File No.: 2017024539SAS) JOHN L. JULIANO, P.C. Attorney for Plaintiff ESTATE OF SHULMAN 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 1 1530 SULLIVAN, PAPAIN, BLOCK, McGRATH & CANNAVO, P.C. Attorneys for Plaintiff ESTATE OF BARUCH 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 PEGALIS & ERICKSON, LLC Attorneys for Plaintiff JOELLE DIMONTE One Hollow Lane, Suite 107 Lake Success, New York 11042 4 of 5 FILED: SUFFOLK COUNTY CLERK 06/24/2019 04:16 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 495 RECEIVED NYSCEF: 06/24/2019 FRANK J. LAINE, P.C. Attorneys for Plaintiff ESTATE OF GRABINA 449 South Oyster Bay Road Plainview, New York 11803 PARIS & CHAIKIN, PLLC Attorney for Plaintiff OLGA LIPETS 14 Penn Plaza, Suite 2202 New York, New York 10122 BLOCK O'TOOLE & MURPHY, ESQS. Attorneys for Plaintiff ESTATE OF BELLI One Penn Plaza, Suite 5315 New York, New York 10019 5 of 5