On October 21, 2015 a
Order
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 09/13/2019 12:33 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/2019
INDEX NO. 611214t2015
SUPREME COURT - STATE OFNEW YORK
I.A.S. PART 12 - SUFFOLK COLNTY
PRESENT:
MOTION DATE: 07 ll'7 12019
Hon. John H. Rouse ADJ. DATE: 7131/2019
Acting Supreme Courl Justice Mot. Seq. 007-MG
e-filecl fullp articipation
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF
BzuTTNEY M. SCHULMAN, DECEASED, ALICIA M ARLTNDEL, OLGA
LIPETS, MINDY GRABINA A,/O/E AMY GRABINA, AND MINDY
GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/E LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY,
JOELLE DIMONTE, MELISSA A CRAI, ARTHUR A BELLI JR AS PARENT
AND NATURAL CUARDIAN OF STEPHANIE BELLI, DECEASED, AND
AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI.
Plaintiffs DECISION & ORDER
-agalnst-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON
MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD,
COL]NTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A
ROYALE LIMOUSINE, XYZ COMPANIES I-5 NAME BEING FICTITIOUS
BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS,
AND/OR SELLERS OF THE 2OO7 LINCOLN TOWN CAR STRETCH
LIMOUSINE INVOLVED IN THE COLLISION,
Defendants
TO:
JOHN L JULIANO PC FRANK J. LAINE, P,C.
39 DOYLE CT 449 S OYSTER BAY RD
E NORTHPORT. NY I I73 I PLAINVIEW. NY 1 1803
631-499-9300 516-937-1010
THE BONGIORNO LAW FIRM, PLLC SULLIVAN, PAPAIN, BLOCK,
1415 KELLUM PLACE, STE.2O5 MCGRATH, CANNAVO, P.C.
GARDEN CITY, NY 11530 I I40 FRANKLIN AVE.. STE 2OO
5t6-74t-4170 GARDEN CITY, NY I I53O
212-266-4208
PARIS & CHAIKIN PLC
14 PENN PLAZA, SUITE 2OOO PEGALIS & ERICKSON, LLC
NEW YORK, NY 10122 I HOLLOW LN, STE IO7
2t2-7 42-04',7
6 NEW HYDE PARK. NY I1042
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FILED: SUFFOLK COUNTY CLERK 09/13/2019 12:33 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/2019
516- 684-2900 LEWIS JOHS AVALLONE AVILES, LLP
ONE CA PLAZA, SUITE 225
LAW OFFICES OF JOSEPH J TOCK ISLANDIA, NY 1 1749
963 ROUTE 6 63 I -755-0101
MAHOPAC. NY IO54I
845-628-8080 DEVITT SPELLMAN BARRETT, LLP
50 ROUTE III
BLOCK O'TOOLE & MURPHY LLP SMITHTOWN, NY II?87
I PENN PLAZA, SUITE 53I5 631-724-8833
NEW YORK. NY IOI 19
212-736-5300 LAW OFFICES OF VINCENT D. MCNAMARA
IO45 OYSTER BAY RD., STE I
AHMUTY DEMERS & MCMANUS EAST NORWICH, NY I I732
2OO t.U. WILLETS RD. 5t6-922-9100
ALBERTSON, NY I I5O7
516-294-5433 LAW OFFICE OF ANDREA G. SAWYERS
PO BOX 9028
CASCONE & KLUEPFEL, LLP MELVILLE, NY I I747
I399 FRANKLIN AVENUE 631-501-3077
GARDEN CITY. NY I I53O
1990
516-',7 47 -
T lnon Notice of Motion by Defendant cabot Coach Builders, lnc., d/b/a Royale Limousine for
L./ an Order (a) Directing the defendants Steven Romeo and Ultimate Class Limousine, Inc. to
remove the 2005 Dodge pick up truck and the 2007 Lincoln Taxi that were involved in the
subject incident from the Suffolk County Police Department impound yard and produce them for
inspections by Cabot Coach Builders, Inc. together with any component parts removed
therefrom, or in the altemative providing the correspondence received from the Suffolk County
District Attorney's Office removing the holds on the vehicles and providing a release to Travelers
Insurance to allow the vehicles, and any component parts removed therefrom" to be removed
from the Suffolk County Police Department impound yard by, and stored at, Rapid Recovery to
allow for the inspections to be conducted by Cabot Coach Builders, Inc. together with such other
and further reliefas to the Court may seem just, proper and equitable; (2) e-filed documents
numbered 478 to 512; it is
ORDERED that the Defendant cabot coach Builders, Inc. immediately serve upon the Suffolk
county District Attomey and the Suffolk county Attomey a copy of this decision and order; and
it is further
ORDERED that the motion (Seq. 007) by Cabot Coach Builders, Inc. is granted to the extenr that
during regular business hours and subject to reasonable conditions as the Suffolk County Police
Department may see fit to preserve the normal functioning of its operations and no later than 30
days after service of this decision and order, Cabot Coach Builders, Inc. shall be given the
opportunity to inspect and examine such evidence collected being held by the Suffolk County
Police Department in connection with the fatal limousine crash on July 18, 2015 that resulted in
the prosecution of both Carlos Pino and Steven Romeo including, but not limited to, the motor
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FILED: SUFFOLK COUNTY CLERK 09/13/2019 12:33 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/2019
vehicles involved in that collision that is under the control or in the custody ofthe Suffolk
County Police Department; and it is further
ORDERED that Cabot Coach Builders, Inc. shall give written notice to any other party to this
action that so requests, in writing, olthe date(s) and time(s) the inspection and examination is to
be conducted, and an agent of each party that has made the request in writing, may be present to
observe, videotape, and photograph the inspection being conducted, subject to reasonable
conditions as the Suffolk County Police Department may see fit to preserve the normal
functioning of its operations.
Background
This case was commenced on October 21,2015 and arises out of a fatal limousine crash on July
18,2015. This action has 15 parties and in order to protect the rights ofall parties each party
must adhere to the orders of this court. This court has published standing part rules that advise
the parties that it adheres to the C?lR and the Uniform Rules for the New York State Trial
Courts, 22 NYCRR Part 202. The parties, both Plaintiffs and Defendants, have been afforded
every reasonable opportunity to conduct discovery.
This motion is made for an order directing the Suffolk County Police Department to permit the
parties to examine such evidence collected being held by the Suffolk County Police Department
in connection with the fatal limousine crash on July 18, 2015 that resulted in the prosecution of
both Carlos Pino and Steven Romeo. The parties advise that the Suffolk County District
Attomey that has placed a "hold" on this evidence. The movant has not served the Suffolk
County District Attomey with this motion or the Suffolk County Police Department. However,
the criminal prosecution of those cases has been completed with dismissal of the charges with
respect to Carlos Pino and a conviction with respect to Steven Romeo. Accordingly, the morion
is granted, upon the precondition that this decision and order be served upon the Suffolk County
District Attomey and the Suffolk County Attorney on behalf of the Suffolk County Police so that
they can present such opposition as they have, ifany ,totheo on issued herewith
Dated: September 11, 2019
JOHN H. R USE, cting J.S.C
Page 3of 3
3 of 3
Preview
FILED: SUFFOLK COUNTY CLERK 09/13/2019 12:33 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/2019 INDEX NO. 611214t2015 SUPREME COURT - STATE OFNEW YORK I.A.S. PART 12 - SUFFOLK COLNTY PRESENT: MOTION DATE: 07 ll'7 12019 Hon. John H. Rouse ADJ. DATE: 7131/2019 Acting Supreme Courl Justice Mot. Seq. 007-MG e-filecl fullp articipation SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BzuTTNEY M. SCHULMAN, DECEASED, ALICIA M ARLTNDEL, OLGA LIPETS, MINDY GRABINA A,/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL CUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI. Plaintiffs DECISION & ORDER -agalnst- ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD, COL]NTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A ROYALE LIMOUSINE, XYZ COMPANIES I-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2OO7 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Defendants TO: JOHN L JULIANO PC FRANK J. LAINE, P,C. 39 DOYLE CT 449 S OYSTER BAY RD E NORTHPORT. NY I I73 I PLAINVIEW. NY 1 1803 631-499-9300 516-937-1010 THE BONGIORNO LAW FIRM, PLLC SULLIVAN, PAPAIN, BLOCK, 1415 KELLUM PLACE, STE.2O5 MCGRATH, CANNAVO, P.C. GARDEN CITY, NY 11530 I I40 FRANKLIN AVE.. STE 2OO 5t6-74t-4170 GARDEN CITY, NY I I53O 212-266-4208 PARIS & CHAIKIN PLC 14 PENN PLAZA, SUITE 2OOO PEGALIS & ERICKSON, LLC NEW YORK, NY 10122 I HOLLOW LN, STE IO7 2t2-7 42-04',7 6 NEW HYDE PARK. NY I1042 Page 1 of 3 1 of 3 FILED: SUFFOLK COUNTY CLERK 09/13/2019 12:33 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/2019 516- 684-2900 LEWIS JOHS AVALLONE AVILES, LLP ONE CA PLAZA, SUITE 225 LAW OFFICES OF JOSEPH J TOCK ISLANDIA, NY 1 1749 963 ROUTE 6 63 I -755-0101 MAHOPAC. NY IO54I 845-628-8080 DEVITT SPELLMAN BARRETT, LLP 50 ROUTE III BLOCK O'TOOLE & MURPHY LLP SMITHTOWN, NY II?87 I PENN PLAZA, SUITE 53I5 631-724-8833 NEW YORK. NY IOI 19 212-736-5300 LAW OFFICES OF VINCENT D. MCNAMARA IO45 OYSTER BAY RD., STE I AHMUTY DEMERS & MCMANUS EAST NORWICH, NY I I732 2OO t.U. WILLETS RD. 5t6-922-9100 ALBERTSON, NY I I5O7 516-294-5433 LAW OFFICE OF ANDREA G. SAWYERS PO BOX 9028 CASCONE & KLUEPFEL, LLP MELVILLE, NY I I747 I399 FRANKLIN AVENUE 631-501-3077 GARDEN CITY. NY I I53O 1990 516-',7 47 - T lnon Notice of Motion by Defendant cabot Coach Builders, lnc., d/b/a Royale Limousine for L./ an Order (a) Directing the defendants Steven Romeo and Ultimate Class Limousine, Inc. to remove the 2005 Dodge pick up truck and the 2007 Lincoln Taxi that were involved in the subject incident from the Suffolk County Police Department impound yard and produce them for inspections by Cabot Coach Builders, Inc. together with any component parts removed therefrom, or in the altemative providing the correspondence received from the Suffolk County District Attorney's Office removing the holds on the vehicles and providing a release to Travelers Insurance to allow the vehicles, and any component parts removed therefrom" to be removed from the Suffolk County Police Department impound yard by, and stored at, Rapid Recovery to allow for the inspections to be conducted by Cabot Coach Builders, Inc. together with such other and further reliefas to the Court may seem just, proper and equitable; (2) e-filed documents numbered 478 to 512; it is ORDERED that the Defendant cabot coach Builders, Inc. immediately serve upon the Suffolk county District Attomey and the Suffolk county Attomey a copy of this decision and order; and it is further ORDERED that the motion (Seq. 007) by Cabot Coach Builders, Inc. is granted to the extenr that during regular business hours and subject to reasonable conditions as the Suffolk County Police Department may see fit to preserve the normal functioning of its operations and no later than 30 days after service of this decision and order, Cabot Coach Builders, Inc. shall be given the opportunity to inspect and examine such evidence collected being held by the Suffolk County Police Department in connection with the fatal limousine crash on July 18, 2015 that resulted in the prosecution of both Carlos Pino and Steven Romeo including, but not limited to, the motor Page 2 of 3 2 of 3 FILED: SUFFOLK COUNTY CLERK 09/13/2019 12:33 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/2019 vehicles involved in that collision that is under the control or in the custody ofthe Suffolk County Police Department; and it is further ORDERED that Cabot Coach Builders, Inc. shall give written notice to any other party to this action that so requests, in writing, olthe date(s) and time(s) the inspection and examination is to be conducted, and an agent of each party that has made the request in writing, may be present to observe, videotape, and photograph the inspection being conducted, subject to reasonable conditions as the Suffolk County Police Department may see fit to preserve the normal functioning of its operations. Background This case was commenced on October 21,2015 and arises out of a fatal limousine crash on July 18,2015. This action has 15 parties and in order to protect the rights ofall parties each party must adhere to the orders of this court. This court has published standing part rules that advise the parties that it adheres to the C?lR and the Uniform Rules for the New York State Trial Courts, 22 NYCRR Part 202. The parties, both Plaintiffs and Defendants, have been afforded every reasonable opportunity to conduct discovery. This motion is made for an order directing the Suffolk County Police Department to permit the parties to examine such evidence collected being held by the Suffolk County Police Department in connection with the fatal limousine crash on July 18, 2015 that resulted in the prosecution of both Carlos Pino and Steven Romeo. The parties advise that the Suffolk County District Attomey that has placed a "hold" on this evidence. The movant has not served the Suffolk County District Attomey with this motion or the Suffolk County Police Department. However, the criminal prosecution of those cases has been completed with dismissal of the charges with respect to Carlos Pino and a conviction with respect to Steven Romeo. Accordingly, the morion is granted, upon the precondition that this decision and order be served upon the Suffolk County District Attomey and the Suffolk County Attorney on behalf of the Suffolk County Police so that they can present such opposition as they have, ifany ,totheo on issued herewith Dated: September 11, 2019 JOHN H. R USE, cting J.S.C Page 3of 3 3 of 3