Preview
FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/2015
ALICIA M. ARUNDEL; SUZANNE
SCHULMAN, as Administratrix of the ESTATE
OF BRITTANY SCHULMAN, deceased; OLGA
LIPETS; MINDY GRABINA, as Administratrix
of the Estate of AMY GRABINA, and MINDY
GRABINA, Individually; STEVEN BARUCH, as
Administrator of the Estate of LAUREN DEFENDANT STEVEN
BARUCH, deceased and STEVEN BARUCH, ROMEO'S ANSWER TO
Individually; JOELLE DIMONTE; MELISSA AMENDED COMPLAINT
A.CRAI; and ARTHUR A. BELLI JR., as parent (E-File)
and natural guardian of STEPHANIE BELLI,
deceased, and as the 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,
COUNTY OF SUFFOLK, CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE
and "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.
Defendants,
COUNSELORS:
Defendant, STEVEN ROMEO, by his attorneys, LEWIS JOHS AVALLONE AVILES,
LLP, answering the complaint of the plaintiffs herein, upon information and belief, respectfully
shows to this Court and alleges:
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THE PARTIES
1. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "1", "2", "3", "4", "5", "6", "8", "9", "10" and "11" of the plaintiffs' Complaint.
2. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraph
numbered "7" of the plaintiffs' Complaint, except admits that defendant, STEVEN ROMEO, is a
resident of the County of Suffolk, State of New York.
ANSWERING THE FIRST CAUSE OF ACTION
3. Answering paragraph numbered "12" of the plaintiffs' Complaint herein,
defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial
of knowledge or information sufficient to form a belief heretofore made in regard to each and
every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "11" inclusive,
with the same force and effect as though more fully set forth at length herein.
4. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "13", "14", "16" and "17" of the plaintiffs' Complaint.
5. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "15" of the plaintiffs' Complaint.
6. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "18" and "21" of the plaintiffs' Complaint as the allegations pertain to defendant,
STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge or
information sufficient to form a belief as the allegations pertain to all other defendants.
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7. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "19" and "22" of the plaintiffs' Complaint as the allegations pertain to
defendant, STEVEN ROMEO, and refers all questions of fact to trier of fact and questions of law
to the Court, and defendant, STEVEN ROMEO, denies having any knowledge or information
sufficient to form a belief as to the allegations as they pertain to all other defendants.
8. Defendant, STEVEN ROMEO, denies having any knowledge or information
sufficient to form a belief as to each and every allegation contained in paragraph numbered "20" of
the plaintiffs' Complaint, and refers all questions of fact to the trier of fact and questions of law to
the Court.
ANSWERING THE SECOND CAUSE OF ACTION
9. Answering paragraph numbered "23" of the plaintiff Complaint herein, defendant,
STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of
knowledge or information sufficient to form a belief heretofore made in regard to each and every
paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "22" inclusive, with the
same force and effect as though more fully set forth at length herein.
10. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "24", "25", "26", "27", "28", "29", "30", "31" and "32" of the plaintiffs' Complaint.
ANSWERING THE THIRD CAUSE OF ACTION
11. Answering paragraph numbered "33" of the plaintiffs' Complaint herein,
defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial
of knowledge or information sufficient to form a belief heretofore made in regard to each and
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every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "32" inclusive,
with the same force and effect as though more fully set forth at length herein.
12. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "34", "35", "36", "37", "38" and "40" of theplaintiffs' Complaint.
13. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraph
numbered "39"of the plaintiffs' Complaint.
14. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraph numbered "41" and "42" of the plaintiffs' Complaint, and refers all questions of fact to
trier of fact and questions of law to the Court.
ANSWERING THE FOURTH CAUSE OF ACTION
15. Answering paragraph numbered "43" of the plaintiffs' Complaint herein,
defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial
of knowledge or information sufficient to form a belief heretofore made in regard to each and
every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "42" inclusive,
with the same force and effect as though more fully set forth at length herein.
16. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "44", "46", "47", "48", "49", "53", "54", and "55" of the plaintiffs' Complaint.
17. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "45", "50", "52", and "56" of the plaintiffs' Complaint as the allegations pertain to
defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge
or information sufficient to form a belief as the allegations pertain to all other defendants.
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18. Defendant, STEVEN ROMEO, denies having any knowledge or information
sufficient to form a belief as to each and every allegation contained in paragraph numbered "51" of
the plaintiffs' Complaint, and refers all questions of fact to the trier of fact and questions of law to
the Court.
ANSWERING THE FIFTH CAUSE OF ACTION
19. Answering paragraph numbered "57" of the plaintiff Complaint herein, defendant,
STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of
knowledge or information sufficient to form a belief heretofore made in regard to each and every
paragraph of plaintiff Complaint, designated as paragraphs "1" through "56" inclusive, with the
same force and effect as though more fully set forth at length herein.
20. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "58", "60", "61", "62", "64", "66", "67" and "68" of the plaintiffs' Complaint.
21. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "59", "63", "65" and "69" of the plaintiffs' Complaint as the allegations pertain to
defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge
or information sufficient to form a belief as they pertain to all other defendants.
ANSWERING THE SIXTH CAUSE OF ACTION
22. Answering paragraph numbered "70" of the plaintiff Complaint herein, defendant,
STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of
knowledge or information sufficient to form a belief heretofore made in regard to each and every
paragraph of plaintiff Complaint, designated as paragraphs "1" through "69" inclusive, with the
same force and effect as though more fully set forth at length herein.
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23. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "71", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85",
"86", "87", "88", "89", "90", "92", "93", "94", "95", "96", "96(a)", "96(b)", "96(c)", "96(d)",
"96(e)", "96(f)", "96(g)", "96(h)", "96(i)", "960)", "96(k) and "96(1)", "97" and "98" of the
plaintiffs' Complaint.
24. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "91", "99" and "100" of the plaintiffs' Complaint as they pertain to defendant,
STEVEN ROMEO, and denies having any knowledge or information sufficient to form a belief
as they pertain to all other defendants.
ANSWERING THE SEVENTH CAUSE OF ACTION
25. Answering paragraph numbered "101" of the plaintiff Complaint herein,
defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial
of knowledge or information sufficient to form a belief heretofore made in regard to each and
every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "100" inclusive,
with the same force and effect as though more fully set forth at length herein.
26. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "102", "103", "104", "105", "106", "107", "108", "109", "110", "111", "112", "113",
"114", "115", "116", "117", "118" and "119" of the plaintiffs'Complaint.
ANSWERING THE EIGHTH CAUSE OF ACTION
27. Answering paragraph numbered "120" of the plaintiff Complaint herein,
defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial
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of knowledge or information sufficient to form a belief heretofore made in regard to each and
every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "119" inclusive,
with the same force and effect as though more fully set forth at length herein.
28. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs
numbered "121", "122", "123", "124", "125" and "126" of the plaintiffs' Complaint.
ANSWERING THE NINTH CAUSE OF ACTION
29. Answering paragraph numbered "127" of the plaintiff Complaint herein,
defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial
of knowledge or information sufficient to form a belief heretofore made in regard to each and
every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "126" inclusive,
with the same force and effect as though more fully set forth at length herein.
30. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "128", "130" and "Wherefore (A)", "Wherefore (I)", "Wherefore (J)", "Wherefore
(K)", "Wherefore (L)", and "Wherefore (M)" of the plaintiffs* Complaint as the allegations
pertain to defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any
knowledge or information sufficient to form a belief as the allegations pertain to all other
defendants.
31. Defendant, STEVEN ROMEO, denies having any knowledge or information
thereof sufficient to form a belief as to the truth of the allegations contained in paragraph "129"
of the plaintiffs' Complaint as the allegations pertain to defendant, STEVEN ROMEO, and
denies having any knowledge or information sufficient to form a belief as they pertain to all
other defendants.
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32. Defendant denies having any knowledge or information thereof sufficient to form
a belief as to the truth of the allegations contained in paragraphs numbered "Wherefore (B)",
"Wherefore (C)", "Wherefore (D)", "Wherefore (E)", "Wherefore (F)", "Wherefore (G)", and
"Wherefore (H)" of the plaintiffs' Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
33. If the plaintiff/plaintiffs decedent has been injured and damaged as alleged in the
plaintiffs' verified complaint, upon information and belief, such injuries and damages were
caused, in whole or in part, or were contributed to by reason of the carelessness, negligence or
want of care on the part of the plaintiff/plaintiffs decedent and not by any carelessness,
negligence or want of care, on the part of this answering defendant, STEVEN ROMEO, and if
any carelessness, negligence or want of care other than that of the plaintiff/plaintiffs decedent
caused or contributed to said alleged injuries and damages, it was the carelessness, negligence or
want of care on the part of some other party or persons, firm or corporation, his/her/its or the
agents, servants or employees over whom this answering defendant, STEVEN ROMEO, had no
control and for whose, carelessness, negligence or want of care this einswering defendant,
STEVEN ROMEO, is not and was not responsible or liable.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
34 The plaintiff/plaintiffs decedent did not use, or misused the seat belt and/or
shoulder harness therein provided. Whatever injuries and/or damages were sustained by the
plaintiffs decedent at the time and place alleged in the complaint were caused, contributed to
and/or exacerbated by the plaintiffs decedent's culpable conduct and assumption of risk in
failing and in failing to use, or misuse of, those protective devices, and the plaintiffs decedent's
failure to obviate and/or mitigate any injuries sustained herein was in contravention of the
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decision of Spier v. Barker. 35 N.Y.2d 444 (1974) and in violation of Vehicle and Traffic Law
§1229-c.
AS AND FOR A TfflRD AFFIRMATIVE DEFENSE
35. Plaintiffs Complaint, to the extent that it seeks exemplary or punitive damages,
violates defendant STEVEN ROMEO's constitutional right to procedural due process under the
Fourteenth Amendment of the United States Constitution, and the Constitution of the State of New
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
36. If the liability of defendant, STEVEN ROMEO, is found to be fifty percent or less
of the total liability assigned to all persons liable, the liability of such defendant to the plaintiff
for non-economic loss shall not exceed the defendant's equitable share determined in accordance
with the relative culpability of each person causing or contributing to the total liability for non-
economic loss, pursuant to Article 16 of the C.P.L.R
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
37. Upon information and belief, any past or future costs and/or expenses incurred or
to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation
services, loss of earnings or other economic loss, has been or will with reasonable certainty be
replaced or indenmified in whole or in part from a collateral source as defined in section 4545(a)
oftheCPLR.
38. If any damages are recoverable against defendant, STEVEN ROMEO, the amount
of such damages shall be diminished by the amount of the funds which plaintiff has received or
shall receive from such collateral source.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
39. If plaintiff settles, discontinues and/or ends this lawsuit and/or any other lawsuit
arising out of the same incident to which the within action pertains, and/or does so in the future
as against one or more of the defendants herein and/or any other alleged tortfeasor, this
answering defendant, STEVEN ROMEO, asserts his right to any and all set-offs in accordance
with General Obligations Law Section 15-108.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
40. Defendant, STEVEN ROMEO, was faced with sudden and unexpected events or
a combination of events, which left little or no time for reflection or deliberate judgment, and
caused him to be reasonably so disturbed that he was required to make speedy decisions, without
weighing alternative courses of conduct, including, but not limited to, the failure of co-
defendants, CARLOS PINO and ULTIMATE CLASS LIMOUSINE, INC., to slow down, stop,
signal the approach, and/or yield the right of way to the traffic, which made defendant, STEVEN
ROMEO, the victim of an emergency, of which he did nothing to create and for which he did
everything reasonably possible to attempt to avoid such accident.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
41. The acts and/or omissions of the above named co-defendants were the sole
proximate cause of the alleged injuries and/or damages raised in the verified complaint.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
42. Whatever injuries and/or damages were sustained by the plaintiff at the time and
place alleged in the complaint were in whole or in part the result of the plaintiffs own culpable
conduct.
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AS AND FOR A TENTH AFFIRMATIVE DEFENSE
43. The plaintiffs cause of action is barred by Article 51, Section 5104 of the
Insurance Law of the State of New York.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
44. The plaintiffs sole and exclusive remedy is confined and limited to the benefits
and provisions of Article 15 of the Insurance Law of the State of New York.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
45. Plaintiff failed to mitigate damages, if any.
AS AND FOR A CROSSCLAIM AGAINST THE CO-DEFENDANTS. ULTIMATE
CLASS LIMOUSINE. INC.. CARLOS PINO. ROMEO DIMON MARINE SERVICE.
INC.. STEVEN ROMEO. TOWN OF SOUTHOLD. COUNTY OF SUFFOLK. CABOT
COACH BUILDERS. INC.. d/b/a ROYALE LIMOUSINE and "ZYZ COMPANIES 1-5"
name being fictitious but intended to be the remanufacturers. distributors and/or sellers of
the 2007Lincoln Town Car stretch limousine involved in the collision^ DEFENDANT.
STEVEN ROMEO. ALLEGES UPON INFORMATION AND BELIEF:
46. If the plaintiffs recover herein, it will be by virtue of the recklessness,
carelessness and negligence of the codefendant above-named, and not of the defendant,
STEVEN ROMEO, for which answering third party defendant demand judgment for
contribution and/or indemnification according to the respective degrees of negligence to be
ascertained, determined and adjudicated at trial.
WHEREFORE, defendant, STEVEN D. ROMEO, demands judgment
dismissing the plaintiff s Complaint herein, and further demands judgment over and against of
co-defendants, ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON
MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ
COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors
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and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, for the
amount of any judgment obtained against this answering defendant on the basis of apportionment
of responsibility in such amounts as a jury or Court may direct, together with the costs and
disbursements of this action.
Dated: Islandia, New York
March 14, 2017 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEVEN D. ROMEO
One CA Plaza
Suite 225
Islandia, New Yorkja249
631.75^01
By:
Rebecca K. Devmi
rkdevlin @lewisjohs.com
File No.: 0114.1460.0000
TO:
The Bongiomo Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place
Suite 205
Garden City, New York 11530
516.741.4170
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate ofBrittany Schulman
39 Doyle Court
E. Northport, New York 11731
631.499.9300
Paris & Chaikin, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza
Suite 2202
New York, New York 10122
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Frank J. Laine, P.C.
Attorney for Plaintiff
Estate ofAmy Grabina
449 South Oyster Bay Road
Plainview, New York 11803
516.937.1010
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff
Estate ofLauren Baruch
1140 Franklin Avenue
Suite 200
Garden City, New York 11530
516.742.0707
Pegalis & Erickson, LLC
Attorneys for Plaintiff
Joelle Dimonte
One Hollow Lane
Suite 10
Lake Success, New York 11042
516.684.2939
Joseph J. Tock, Esq.
Attorney for Plaintiff
Melissa A. Crai
963Route 6
Mahopac, New York 10541
845.628.8080
Ahmuty Demers & McManus Esqs.
Attorneys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
200 LU. Willets Road
Albertson, New York 11507
Cascone & Klupfel, LLP
Attorneys for Defendant
Romeo Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
516-747-1990
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Suffolk County Attorney
Attorneys for Defendant
The County ofSuffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
Devitt Spellman Barrett, LLP
Attorneys for Defendant
The TownofSouthold
50 Route 111
Suite 314
Smithtown, New York 11787
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STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
VERONICA C. McKENNA, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age and resides in
Suffolk County, New York,
That on the 20th day of March, 2017, deponent served the within DEFENDANT
STEVEN ROMSEO'S ANSWER TO AMENDED COMPLAINT upon the attorneys below
set forth representing the parties, as indicated, at the addresses shown, said addresses being
designated by said attorneys for that purpose, by depositing a true copy of same, enclosed in a
postpaid properly addressed wrapper in an official depository under the exclusive care and
custody ofthe United States Post Office Department within the State ofNew York.
The Bongiorno Law Firm, PLLC
1415 Kellum Place
Suite 205
Garden City, New York 11530
John J. Juliano, Esq.
39 Doyle Court
E. Northport, New York 11731
Paris & Chaikin, PLLC
14 Penn Plaza
Suite 2202
New York, New York 10122
Frank J. Laine, P.C.
449 South Oyster Bay Road
Plainview, New York 11803
Sullivan Papain Block McGrath & Cannavo, P.C.
1140 Franklin Avenue
Suite 200
Garden City, New York 11530
Pegalis & Erickson, LLC
One Hollow Lane
Suite 10
Lake Success, New York 11042
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Joseph J, Tock, Esq.
963Route 6
Mahopac, New York 10541
Ahmuty Demers & McManus Esqs.
200 I.U. Willets Road
Albertson, New York 11507
Cascone & Klupfel, LLP
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
Suffolk County Attorney
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
Devitt Spellman Barrett, LLP
50 Route 111
Suite 314
Smithtown, New York 11787
VERONICA C. McKENNA
Sworn to before me this
20th day of March, 2017.
Lois A. DiPol
Notary Public, State of New York
Registration No. 01D14966255
Qualified in Suffolk County
Commission Expires May 07,2018
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LEWIS ii JOHS
LewisJohs Avallone Aviles,LLP
Jl law
Index No, 609082 Year 2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Alicia M. Arundel; Suzanne Schulman, as Administratrix of the Estate of Brittany Schulman, as Administratrix
of the Estate of Brittan Schulman, deceased; Olga Lipets; Mindy Grabina, as Administratrix 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; Melissa A. Crai; and Arthur A. Belli Jr., as
parent and natural guardian of Stephanie Belli, deceased and as the Administrator of the Estate of Stephanie
BelH,
Plaintiffs,
-against-
Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., Steven Romeo, Town of
Southold,County of Suffolk, Cabot Coach Builders, Inc., d^/a Royale Limousine and "XYZ Companies 1-5"
name being fictitious but intended to be the remanufactuters, distributors and/or sellers of the 2007 Lincoln
Town CAr stretch limousine involved in the collision, g
Defendant Steven Romeo *s Answer to Amended Complaint
LEWIS
LewisJohs Avallone Aviles,LLP
«law
Attorneys for Defendant
Steven D. Romeo
Lewis Johs Avallone Aviles, LLP
One CA Plaza, Suite 225
Islandia, N.Y. 11749
Tel; 631.755.0101
Fax: 631.755.0117
File No.:
www.lewisiohs.com
CERTIFICATION PURSUANT TO 22N.Y.CR.R.8130-l.la
The undersigned hereby certifies that, pursuant to 22 N.Y.C.R.R.§ 130-1.la, the contentions contained in the annexed document(s) is
not frivolous nor frivolously presented
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for
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FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 611214/2015 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Administratrix of the ESTATE OF BRITTANY SCHULMAN, deceased; OLGA LIPETS; MINDY GRABINA, as Administratrix of the Estate of AMY GRABINA, and MINDY GRABINA, Individually; STEVEN BARUCH, as Administrator of the Estate of LAUREN DEFENDANT STEVEN BARUCH, deceased and STEVEN BARUCH, ROMEO'S ANSWER TO Individually; JOELLE DIMONTE; MELISSA AMENDED COMPLAINT A.CRAI; and ARTHUR A. BELLI JR., as parent (E-File) and natural guardian of STEPHANIE BELLI, deceased, and as the 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, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "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. Defendants, COUNSELORS: Defendant, STEVEN ROMEO, by his attorneys, LEWIS JOHS AVALLONE AVILES, LLP, answering the complaint of the plaintiffs herein, upon information and belief, respectfully shows to this Court and alleges: 1 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 THE PARTIES 1. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "1", "2", "3", "4", "5", "6", "8", "9", "10" and "11" of the plaintiffs' Complaint. 2. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "7" of the plaintiffs' Complaint, except admits that defendant, STEVEN ROMEO, is a resident of the County of Suffolk, State of New York. ANSWERING THE FIRST CAUSE OF ACTION 3. Answering paragraph numbered "12" of the plaintiffs' Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "11" inclusive, with the same force and effect as though more fully set forth at length herein. 4. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "13", "14", "16" and "17" of the plaintiffs' Complaint. 5. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "15" of the plaintiffs' Complaint. 6. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "18" and "21" of the plaintiffs' Complaint as the allegations pertain to defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as the allegations pertain to all other defendants. 2 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 7. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "19" and "22" of the plaintiffs' Complaint as the allegations pertain to defendant, STEVEN ROMEO, and refers all questions of fact to trier of fact and questions of law to the Court, and defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as to the allegations as they pertain to all other defendants. 8. Defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph numbered "20" of the plaintiffs' Complaint, and refers all questions of fact to the trier of fact and questions of law to the Court. ANSWERING THE SECOND CAUSE OF ACTION 9. Answering paragraph numbered "23" of the plaintiff Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "22" inclusive, with the same force and effect as though more fully set forth at length herein. 10. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "24", "25", "26", "27", "28", "29", "30", "31" and "32" of the plaintiffs' Complaint. ANSWERING THE THIRD CAUSE OF ACTION 11. Answering paragraph numbered "33" of the plaintiffs' Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and 3 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "32" inclusive, with the same force and effect as though more fully set forth at length herein. 12. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "34", "35", "36", "37", "38" and "40" of theplaintiffs' Complaint. 13. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "39"of the plaintiffs' Complaint. 14. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraph numbered "41" and "42" of the plaintiffs' Complaint, and refers all questions of fact to trier of fact and questions of law to the Court. ANSWERING THE FOURTH CAUSE OF ACTION 15. Answering paragraph numbered "43" of the plaintiffs' Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "42" inclusive, with the same force and effect as though more fully set forth at length herein. 16. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "44", "46", "47", "48", "49", "53", "54", and "55" of the plaintiffs' Complaint. 17. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "45", "50", "52", and "56" of the plaintiffs' Complaint as the allegations pertain to defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as the allegations pertain to all other defendants. 4 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 18. Defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph numbered "51" of the plaintiffs' Complaint, and refers all questions of fact to the trier of fact and questions of law to the Court. ANSWERING THE FIFTH CAUSE OF ACTION 19. Answering paragraph numbered "57" of the plaintiff Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiff Complaint, designated as paragraphs "1" through "56" inclusive, with the same force and effect as though more fully set forth at length herein. 20. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "58", "60", "61", "62", "64", "66", "67" and "68" of the plaintiffs' Complaint. 21. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "59", "63", "65" and "69" of the plaintiffs' Complaint as the allegations pertain to defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as they pertain to all other defendants. ANSWERING THE SIXTH CAUSE OF ACTION 22. Answering paragraph numbered "70" of the plaintiff Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiff Complaint, designated as paragraphs "1" through "69" inclusive, with the same force and effect as though more fully set forth at length herein. 5 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 23. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "71", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "86", "87", "88", "89", "90", "92", "93", "94", "95", "96", "96(a)", "96(b)", "96(c)", "96(d)", "96(e)", "96(f)", "96(g)", "96(h)", "96(i)", "960)", "96(k) and "96(1)", "97" and "98" of the plaintiffs' Complaint. 24. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "91", "99" and "100" of the plaintiffs' Complaint as they pertain to defendant, STEVEN ROMEO, and denies having any knowledge or information sufficient to form a belief as they pertain to all other defendants. ANSWERING THE SEVENTH CAUSE OF ACTION 25. Answering paragraph numbered "101" of the plaintiff Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "100" inclusive, with the same force and effect as though more fully set forth at length herein. 26. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "102", "103", "104", "105", "106", "107", "108", "109", "110", "111", "112", "113", "114", "115", "116", "117", "118" and "119" of the plaintiffs'Complaint. ANSWERING THE EIGHTH CAUSE OF ACTION 27. Answering paragraph numbered "120" of the plaintiff Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial 6 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "119" inclusive, with the same force and effect as though more fully set forth at length herein. 28. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "121", "122", "123", "124", "125" and "126" of the plaintiffs' Complaint. ANSWERING THE NINTH CAUSE OF ACTION 29. Answering paragraph numbered "127" of the plaintiff Complaint herein, defendant, STEVEN ROMEO, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs' Complaint, designated as paragraphs "1" through "126" inclusive, with the same force and effect as though more fully set forth at length herein. 30. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "128", "130" and "Wherefore (A)", "Wherefore (I)", "Wherefore (J)", "Wherefore (K)", "Wherefore (L)", and "Wherefore (M)" of the plaintiffs* Complaint as the allegations pertain to defendant, STEVEN ROMEO, and defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as the allegations pertain to all other defendants. 31. Defendant, STEVEN ROMEO, denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraph "129" of the plaintiffs' Complaint as the allegations pertain to defendant, STEVEN ROMEO, and denies having any knowledge or information sufficient to form a belief as they pertain to all other defendants. 7 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 32. Defendant denies having any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "Wherefore (B)", "Wherefore (C)", "Wherefore (D)", "Wherefore (E)", "Wherefore (F)", "Wherefore (G)", and "Wherefore (H)" of the plaintiffs' Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 33. If the plaintiff/plaintiffs decedent has been injured and damaged as alleged in the plaintiffs' verified complaint, upon information and belief, such injuries and damages were caused, in whole or in part, or were contributed to by reason of the carelessness, negligence or want of care on the part of the plaintiff/plaintiffs decedent and not by any carelessness, negligence or want of care, on the part of this answering defendant, STEVEN ROMEO, and if any carelessness, negligence or want of care other than that of the plaintiff/plaintiffs decedent caused or contributed to said alleged injuries and damages, it was the carelessness, negligence or want of care on the part of some other party or persons, firm or corporation, his/her/its or the agents, servants or employees over whom this answering defendant, STEVEN ROMEO, had no control and for whose, carelessness, negligence or want of care this einswering defendant, STEVEN ROMEO, is not and was not responsible or liable. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 34 The plaintiff/plaintiffs decedent did not use, or misused the seat belt and/or shoulder harness therein provided. Whatever injuries and/or damages were sustained by the plaintiffs decedent at the time and place alleged in the complaint were caused, contributed to and/or exacerbated by the plaintiffs decedent's culpable conduct and assumption of risk in failing and in failing to use, or misuse of, those protective devices, and the plaintiffs decedent's failure to obviate and/or mitigate any injuries sustained herein was in contravention of the 8 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 decision of Spier v. Barker. 35 N.Y.2d 444 (1974) and in violation of Vehicle and Traffic Law §1229-c. AS AND FOR A TfflRD AFFIRMATIVE DEFENSE 35. Plaintiffs Complaint, to the extent that it seeks exemplary or punitive damages, violates defendant STEVEN ROMEO's constitutional right to procedural due process under the Fourteenth Amendment of the United States Constitution, and the Constitution of the State of New AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 36. If the liability of defendant, STEVEN ROMEO, is found to be fifty percent or less of the total liability assigned to all persons liable, the liability of such defendant to the plaintiff for non-economic loss shall not exceed the defendant's equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non- economic loss, pursuant to Article 16 of the C.P.L.R AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 37. Upon information and belief, any past or future costs and/or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indenmified in whole or in part from a collateral source as defined in section 4545(a) oftheCPLR. 38. If any damages are recoverable against defendant, STEVEN ROMEO, the amount of such damages shall be diminished by the amount of the funds which plaintiff has received or shall receive from such collateral source. 9 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 39. If plaintiff settles, discontinues and/or ends this lawsuit and/or any other lawsuit arising out of the same incident to which the within action pertains, and/or does so in the future as against one or more of the defendants herein and/or any other alleged tortfeasor, this answering defendant, STEVEN ROMEO, asserts his right to any and all set-offs in accordance with General Obligations Law Section 15-108. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 40. Defendant, STEVEN ROMEO, was faced with sudden and unexpected events or a combination of events, which left little or no time for reflection or deliberate judgment, and caused him to be reasonably so disturbed that he was required to make speedy decisions, without weighing alternative courses of conduct, including, but not limited to, the failure of co- defendants, CARLOS PINO and ULTIMATE CLASS LIMOUSINE, INC., to slow down, stop, signal the approach, and/or yield the right of way to the traffic, which made defendant, STEVEN ROMEO, the victim of an emergency, of which he did nothing to create and for which he did everything reasonably possible to attempt to avoid such accident. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 41. The acts and/or omissions of the above named co-defendants were the sole proximate cause of the alleged injuries and/or damages raised in the verified complaint. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 42. Whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the complaint were in whole or in part the result of the plaintiffs own culpable conduct. 10 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 43. The plaintiffs cause of action is barred by Article 51, Section 5104 of the Insurance Law of the State of New York. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 44. The plaintiffs sole and exclusive remedy is confined and limited to the benefits and provisions of Article 15 of the Insurance Law of the State of New York. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 45. Plaintiff failed to mitigate damages, if any. AS AND FOR A CROSSCLAIM AGAINST THE CO-DEFENDANTS. ULTIMATE CLASS LIMOUSINE. INC.. CARLOS PINO. ROMEO DIMON MARINE SERVICE. INC.. STEVEN ROMEO. TOWN OF SOUTHOLD. COUNTY OF SUFFOLK. CABOT COACH BUILDERS. INC.. d/b/a ROYALE LIMOUSINE and "ZYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers. distributors and/or sellers of the 2007Lincoln Town Car stretch limousine involved in the collision^ DEFENDANT. STEVEN ROMEO. ALLEGES UPON INFORMATION AND BELIEF: 46. If the plaintiffs recover herein, it will be by virtue of the recklessness, carelessness and negligence of the codefendant above-named, and not of the defendant, STEVEN ROMEO, for which answering third party defendant demand judgment for contribution and/or indemnification according to the respective degrees of negligence to be ascertained, determined and adjudicated at trial. WHEREFORE, defendant, STEVEN D. ROMEO, demands judgment dismissing the plaintiff s Complaint herein, and further demands judgment over and against of co-defendants, ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors 11 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, for the amount of any judgment obtained against this answering defendant on the basis of apportionment of responsibility in such amounts as a jury or Court may direct, together with the costs and disbursements of this action. Dated: Islandia, New York March 14, 2017 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEVEN D. ROMEO One CA Plaza Suite 225 Islandia, New Yorkja249 631.75^01 By: Rebecca K. Devmi rkdevlin @lewisjohs.com File No.: 0114.1460.0000 TO: The Bongiomo Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place Suite 205 Garden City, New York 11530 516.741.4170 John J. Juliano, Esq. Attorneys for Plaintiff Estate ofBrittany Schulman 39 Doyle Court E. Northport, New York 11731 631.499.9300 Paris & Chaikin, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza Suite 2202 New York, New York 10122 12 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 Frank J. Laine, P.C. Attorney for Plaintiff Estate ofAmy Grabina 449 South Oyster Bay Road Plainview, New York 11803 516.937.1010 Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff Estate ofLauren Baruch 1140 Franklin Avenue Suite 200 Garden City, New York 11530 516.742.0707 Pegalis & Erickson, LLC Attorneys for Plaintiff Joelle Dimonte One Hollow Lane Suite 10 Lake Success, New York 11042 516.684.2939 Joseph J. Tock, Esq. Attorney for Plaintiff Melissa A. Crai 963Route 6 Mahopac, New York 10541 845.628.8080 Ahmuty Demers & McManus Esqs. Attorneys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 200 LU. Willets Road Albertson, New York 11507 Cascone & Klupfel, LLP Attorneys for Defendant Romeo Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 516-747-1990 13 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 Suffolk County Attorney Attorneys for Defendant The County ofSuffolk H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 Devitt Spellman Barrett, LLP Attorneys for Defendant The TownofSouthold 50 Route 111 Suite 314 Smithtown, New York 11787 14 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) VERONICA C. McKENNA, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Suffolk County, New York, That on the 20th day of March, 2017, deponent served the within DEFENDANT STEVEN ROMSEO'S ANSWER TO AMENDED COMPLAINT upon the attorneys below set forth representing the parties, as indicated, at the addresses shown, said addresses being designated by said attorneys for that purpose, by depositing a true copy of same, enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody ofthe United States Post Office Department within the State ofNew York. The Bongiorno Law Firm, PLLC 1415 Kellum Place Suite 205 Garden City, New York 11530 John J. Juliano, Esq. 39 Doyle Court E. Northport, New York 11731 Paris & Chaikin, PLLC 14 Penn Plaza Suite 2202 New York, New York 10122 Frank J. Laine, P.C. 449 South Oyster Bay Road Plainview, New York 11803 Sullivan Papain Block McGrath & Cannavo, P.C. 1140 Franklin Avenue Suite 200 Garden City, New York 11530 Pegalis & Erickson, LLC One Hollow Lane Suite 10 Lake Success, New York 11042 15 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 Joseph J, Tock, Esq. 963Route 6 Mahopac, New York 10541 Ahmuty Demers & McManus Esqs. 200 I.U. Willets Road Albertson, New York 11507 Cascone & Klupfel, LLP 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 Suffolk County Attorney H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 Devitt Spellman Barrett, LLP 50 Route 111 Suite 314 Smithtown, New York 11787 VERONICA C. McKENNA Sworn to before me this 20th day of March, 2017. Lois A. DiPol Notary Public, State of New York Registration No. 01D14966255 Qualified in Suffolk County Commission Expires May 07,2018 16 of 17 FILED: SUFFOLK COUNTY CLERK 03/20/2017 01:10 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 03/20/2017 LEWIS ii JOHS LewisJohs Avallone Aviles,LLP Jl law Index No, 609082 Year 2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Alicia M. Arundel; Suzanne Schulman, as Administratrix of the Estate of Brittany Schulman, as Administratrix of the Estate of Brittan Schulman, deceased; Olga Lipets; Mindy Grabina, as Administratrix 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; Melissa A. Crai; and Arthur A. Belli Jr., as parent and natural guardian of Stephanie Belli, deceased and as the Administrator of the Estate of Stephanie BelH, Plaintiffs, -against- Ultimate Class Limousine, Inc., Carlos Pino, Romeo Dimon Marine Service, Inc., Steven Romeo, Town of Southold,County of Suffolk, Cabot Coach Builders, Inc., d^/a Royale Limousine and "XYZ Companies 1-5" name being fictitious but intended to be the remanufactuters, distributors and/or sellers of the 2007 Lincoln Town CAr stretch limousine involved in the collision, g Defendant Steven Romeo *s Answer to Amended Complaint LEWIS LewisJohs Avallone Aviles,LLP «law Attorneys for Defendant Steven D. Romeo Lewis Johs Avallone Aviles, LLP One CA Plaza, Suite 225 Islandia, N.Y. 11749 Tel; 631.755.0101 Fax: 631.755.0117 File No.: www.lewisiohs.com CERTIFICATION PURSUANT TO 22N.Y.CR.R.8130-l.la The undersigned hereby certifies that, pursuant to 22 N.Y.C.R.R.§ 130-1.la, the contentions contained in the annexed document(s) is not frivolous nor frivolously presented Service of a copy of the within is hereby admitted. Dated, Attorney(s) for 17 of 17