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 12/09/2019 02:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019
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
GRABINA, AS ADMINSTRATRIX OF THE ESTATE
OF AMY GRABINA, AND MINDY GRABINA,
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED, AFFIRMATION IN
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE SUPPORT
DIMONTE; AND MELISSA A. CRAI,
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
STEVEN A. STEIGERWALD, an attorney duly admitted in the State of New York
hereby sets forth the following upon information and belief:
1. I am associated with the Law Office of Andrea G. Sawyers, attorneys for CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE ("CABOT") , inthis matter. I am fully familiar
with the facts and circumstances set forth herein based upon a review of the file maintained for the
defense of the within matter.
2. I submit this Affirmation in support of the instant motion seeking an Order directing the
Suffolk County District Attorney, Suffolk County Police Department and Suffolk County Medical
Examiner's Office to produce the side impact protection bar and allother components of the 2007
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FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019
Lincoln Limousine that was involved in the subject incident which were not produced in
accordance with this Court's prior Order dated September 11, 2019 together with all documents
showing the chain of custody of said components and alldocuments showing what was done to
the components since their removal from the vehicle for an inspection to be conducted by CABOT
COACH BUILDERS, INC. together with such other and further relief as to the Court may seem
just, proper and equitable.
3. This is a personal injury action by four individuals and four estates arising out of a motor
vehicle collision between the two aforesaid vehicles on July 18, 2015 at or about the intersection
of County Road 48 and Depot Road, Southold, New York. A copy of the police report is annexed
hereto as Exhibit A.
4. Each of the plaintiff's commenced separate actions. A copy of the initial summonses and
complaints are annexed hereto as Exhibit B. Answers were filed by the corresponding defendants.
Copies are annexed hereto as Exhibit C. Plaintiffs then filed amended summonses and complaints
adding product liability claims against CABOT. Copies are annexed collectively hereto as Exhibit
D. Answers were filesby each of the defendants. Copies are annexed hereto as Exhibit E. Together
with itsanswer, CABOT served Notices of Discovery and Inspection for the two vehicles involved
in the action. Copies are annexed hereto as Exhibit F.
5. Together with its answer, CABOT served interrogatories upon the plaintiffs in each action.
For the sake of brevity, only the interrogatories in the CRAI matter are annexed as Exhibit G. The
liability interrogatories were virtually identical in each of the cases. Also annexed are the answers
to those interrogatories. A copy is annexed as Exhibit H. The answers did not deviate substantially
in the other matters. The answers concentrate on claimed defects associated with the side impact
protection bar and attaching parts.
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FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019
6. By motion dated June 24, 2019, this defendant moved to conduct an inspection of the
vehicles involved in this incident and all component parts that were removed therefrom. A copy
of the motion without exhibits is annexed hereto as Exhibit I. The Court issued an Order dated
September 11, 2019 permitting an inspection where the vehicles were then located. A copy of the
Order is annexed hereto as Exhibit J. The Order was served as directed and an inspection of the
vehicles was conducted on October 22, 2019 which was attended by experts retained on behalf of
the plaintiffs and several defendants as well as counsel for several of the parties. At the inspection
itbecame apparent that the side impact protection bar from the passenger side of the vehicle, which
had been removed from the vehicle for the Grand Jury presentation, was not put back into the
vehicle after the presentation was concluded. All parties and experts that were present at the
inspection want to inspect the side impact protection bar.
7. After the inspection I contacted William Ferris from the Suffolk County Destruct Attorney's
Office who indicated he would look for it.When I did not hear from him I called twice more and
stillhave not gotten a response. I have also been informed by someone not associated with that
office that the bar may have been given by the Suffolk County District Attorney's Office to the
Suffolk County Sheriff and then vouchered there before being given to the Suffolk County Medical
Examiner.
8. The side impact bar and any other components that were removed from the 2007 Lincoln
Limousine are the main subject of the discovery conducted to date by plaintiffs and form the basis
for the majority of the questions that have been asked at the two depositions of this defendant to
date. The parts should have been made available at the inspection for the vehicles conducted on
October 22, 2019 but for some reason were not made available. Based on the extensive questioning
of the witnesses produced on behalf of this defendant that have been conducted with respect to this
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FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019
part and the attachments as well as the claims of the plaintiffs in their answers to interrogatories,
this inspection likely could provide material that is necessary for the defense of this matter.
WHEREFORE, itis respectfully requested that the Court issue an Order:
(a) Directing the Suffolk County District Attorney, Suffolk County Police Department and
Suffolk County Medical Examiner's Office to produce the side impact protection bar and all other
components of the 2007 Lincoln Limousine that was involved in the subject incident which were
not produced in accordance with this Court's prior Order dated September 11, 2019 together with
all documents showing the chain of custody of said components and any and all documents
showing what has been done to the components since their removal from the vehicle for an
iñspection to be conducted by CABOT COACH BUILDERS, INC. together with such other and
further relief as to the Court may seem just, proper and equitable.
- --
Dated: December 4, 2019
"
Melville, New York
SfEVEN A 3fEIG WALD
4 of 4
Preview
FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019 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 GRABINA, AS ADMINSTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AFFIRMATION IN AND STEVEN BARUCH, INDIVIDUALLY; JOELLE SUPPORT DIMONTE; AND MELISSA A. CRAI, 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 STEVEN A. STEIGERWALD, an attorney duly admitted in the State of New York hereby sets forth the following upon information and belief: 1. I am associated with the Law Office of Andrea G. Sawyers, attorneys for CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE ("CABOT") , inthis matter. I am fully familiar with the facts and circumstances set forth herein based upon a review of the file maintained for the defense of the within matter. 2. I submit this Affirmation in support of the instant motion seeking an Order directing the Suffolk County District Attorney, Suffolk County Police Department and Suffolk County Medical Examiner's Office to produce the side impact protection bar and allother components of the 2007 1 of 4 FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019 Lincoln Limousine that was involved in the subject incident which were not produced in accordance with this Court's prior Order dated September 11, 2019 together with all documents showing the chain of custody of said components and alldocuments showing what was done to the components since their removal from the vehicle for an inspection to be conducted by CABOT COACH BUILDERS, INC. together with such other and further relief as to the Court may seem just, proper and equitable. 3. This is a personal injury action by four individuals and four estates arising out of a motor vehicle collision between the two aforesaid vehicles on July 18, 2015 at or about the intersection of County Road 48 and Depot Road, Southold, New York. A copy of the police report is annexed hereto as Exhibit A. 4. Each of the plaintiff's commenced separate actions. A copy of the initial summonses and complaints are annexed hereto as Exhibit B. Answers were filed by the corresponding defendants. Copies are annexed hereto as Exhibit C. Plaintiffs then filed amended summonses and complaints adding product liability claims against CABOT. Copies are annexed collectively hereto as Exhibit D. Answers were filesby each of the defendants. Copies are annexed hereto as Exhibit E. Together with itsanswer, CABOT served Notices of Discovery and Inspection for the two vehicles involved in the action. Copies are annexed hereto as Exhibit F. 5. Together with its answer, CABOT served interrogatories upon the plaintiffs in each action. For the sake of brevity, only the interrogatories in the CRAI matter are annexed as Exhibit G. The liability interrogatories were virtually identical in each of the cases. Also annexed are the answers to those interrogatories. A copy is annexed as Exhibit H. The answers did not deviate substantially in the other matters. The answers concentrate on claimed defects associated with the side impact protection bar and attaching parts. 2 of 4 FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019 6. By motion dated June 24, 2019, this defendant moved to conduct an inspection of the vehicles involved in this incident and all component parts that were removed therefrom. A copy of the motion without exhibits is annexed hereto as Exhibit I. The Court issued an Order dated September 11, 2019 permitting an inspection where the vehicles were then located. A copy of the Order is annexed hereto as Exhibit J. The Order was served as directed and an inspection of the vehicles was conducted on October 22, 2019 which was attended by experts retained on behalf of the plaintiffs and several defendants as well as counsel for several of the parties. At the inspection itbecame apparent that the side impact protection bar from the passenger side of the vehicle, which had been removed from the vehicle for the Grand Jury presentation, was not put back into the vehicle after the presentation was concluded. All parties and experts that were present at the inspection want to inspect the side impact protection bar. 7. After the inspection I contacted William Ferris from the Suffolk County Destruct Attorney's Office who indicated he would look for it.When I did not hear from him I called twice more and stillhave not gotten a response. I have also been informed by someone not associated with that office that the bar may have been given by the Suffolk County District Attorney's Office to the Suffolk County Sheriff and then vouchered there before being given to the Suffolk County Medical Examiner. 8. The side impact bar and any other components that were removed from the 2007 Lincoln Limousine are the main subject of the discovery conducted to date by plaintiffs and form the basis for the majority of the questions that have been asked at the two depositions of this defendant to date. The parts should have been made available at the inspection for the vehicles conducted on October 22, 2019 but for some reason were not made available. Based on the extensive questioning of the witnesses produced on behalf of this defendant that have been conducted with respect to this 3 of 4 FILED: SUFFOLK COUNTY CLERK 12/09/2019 02:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 601 RECEIVED NYSCEF: 12/09/2019 part and the attachments as well as the claims of the plaintiffs in their answers to interrogatories, this inspection likely could provide material that is necessary for the defense of this matter. WHEREFORE, itis respectfully requested that the Court issue an Order: (a) Directing the Suffolk County District Attorney, Suffolk County Police Department and Suffolk County Medical Examiner's Office to produce the side impact protection bar and all other components of the 2007 Lincoln Limousine that was involved in the subject incident which were not produced in accordance with this Court's prior Order dated September 11, 2019 together with all documents showing the chain of custody of said components and any and all documents showing what has been done to the components since their removal from the vehicle for an iñspection to be conducted by CABOT COACH BUILDERS, INC. together with such other and further relief as to the Court may seem just, proper and equitable. - -- Dated: December 4, 2019 " Melville, New York SfEVEN A 3fEIG WALD 4 of 4