Letter,Correspondence: Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, 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 GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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,

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                                Law Offices of
John L. Juliano, P.C.

Hillside Bldg. 39 Doyle Court - Last Northport, New Bork 11731
631 499-9300 © Hax: 631 462-2532

John L. Juliano

January 20, 2016 Jonathan C. Juliano
Eyéie Reino
VIA FACSIMILE 631-853-5833 Practice Administrator

Suffolk County Attorney's Office
H. Lee Dennison Building
Veterans Memorial Highway
Hauppauge, New York 11788

Attention: Christopher Jeffries, Esq.
Re: Estate of Schulman v. County Suffolk et. al
Index No.: 611214-15
Dear Mr. Jeffries:

This correspondence shall serve to memorialize our telephone conference this date
regarding the agreement made concerning service of plaintiff's complaint prior to holding a
General Municipal law §50h hearing. As you are aware, my office served a Notice of Claim
dated August 15, 2015, pursuant to General Municipal Law §50-e on August 19, 2015.
Thereafter your office served a demand for a General Municipal Law §50-h hearing on
September 25, 2015, scheduling the hearing for December 11, 2015. On December 9, 2015, we
received a facsimile adjourning the hearing to February 19, 2016. The hearing was adjourned
once by your office due to your vacation schedule, which I consented to. The plaintiff e-filed a
summons and complaint electronically against numerous defendants including the County of
Suffolk, which was served in accordance with CPLR 308 on October 28, 2015, seventy (70) days
after service of the Notice of Claim.

You and I along with Susan Flynn, your Chief, reiterated our prior agreement with
respect to conducting the 50-h hearing on February 19, 2016, and the fact that we served a
Summons and Complaint upon the County prior to submitting the plaintiff for questioning at the
50-h Hearing. We have previously and again agreed that the County will not make a Motion to
strike the Summons and Complaint, or assert an affirmative defense based upon this issue and
based upon the fact that the plaintiff will be presented for questioning at the 50-h hearing and the
County's time to file its Answer and any Discovery and motions (other than as stated herein) will
be extended until completion of the 50-h hearing, but in no event past the one year and 90 day
statute of limitations.

As we discussed, in order to comply with General Municipal Law §50-h and case law
explaining the statute, my office was willing to discontinue the action filed without prejudice and
refile and reserve the summons and complaint after the completion of the 50-h hearing. You
gratuitously agreed that that procedural course of action was not necessary as long as we held the2| Page

50-h hearing timely and my office would accept the service of the County's answer as being
timely. This course of action was agreed to by both offices. Further, as I previously stated herein,
the statute of limitations for service of the summons and complaint if required has not run since
the plaintiff has one year and 90 days after service of the Notice of Claim to serve her summons
and complaint.

In order to make sure the record is clear, I have prepared the attached stipulation setting
forth our agreement for your review. If it meets with your approval, kindly execute same and

return it to my office as soon as possible and I will electronically file same.

Thank you for your anticipated coope

  

JLJ/dra
Enclosures
ce: Susan Flynn, Esq.SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK

_ X
SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED,

 

Plaintiff, STIPULATION
-against- Index No.: 611214/15

E-FILE CASE
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,

Defendants.

 

xX

IT IS HEREBY STIPULATED AND AGREED by and between the undersigned
attorneys for both the Plaintiff and the County of Suffolk, as follows:
1. On July 18, 2015, the plaintiff's decedent was seriously injured and suffered death as a
result of a motor vehicle accident which occurred on Middle Road (Route 48) at its intersection
with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York.
2. The decedent, BRITTNEY M. SCHULMAN, was a passenger in a limousine motor
vehicle owned by Ultimate Class Limousine, Inc., being operated by Carlos Pino, with the
permission and consent of the said Ultimate Class Limousine, Inc., when the limousine made a
U-turn on Middle Road (Route 48) at its intersection with Depot Lane, Cutchogue, Town of
Southold, County of Suffolk, State of New York, and collided with a vehicle being then and
there operated by Steven Romeo with the permission and consent of its owner, Romeo Dimon
Marine Service, Inc.
3. The plaintiff alleges that @ proximate cause of the accident was the County of Suffolk's

negligent design, construction, maintenance of the aforesaid roadway, failure to install the propertraffic control device(s), failure to install a traffic light at a dangerous intersection and failure to
place proper traffic signage, including but not limited to a no U-turn sign.

4. On August 19, 2015, Plaintiff served a Notice of Claim pursuant to General Municipal
Law §50-e dated August 15, 2015, on the County of Suffolk.

ae On September 25, 2015, the County of Suffolk, served a demand for a 50-h hearing
pursuant to General Municipal Law §50-h.

6. The hearing date pursuant to the aforesaid notice was scheduled for December 1 1, 2015,
and on December 9, 2015, was adjourned by the County of Suffolk to February 19, 2016.

7. On October 21, 2015, a summons and complaint was electronically filed with the Court.
8. The defendant, County of Suffolk, was personally served pursuant to CPLR 308 with a
hard copy of the e-filed summons and complaint.

9. On November 10, 2015, the County requested an extension to serve its answer until
December 10, 2015, which was consented to by plaintiff.

10. On December 4, 2015, the County again requested an extension to serve its answer until
February 20, 2016, which was consented to by plaintiff.

11. The General Municipal Law §50-h hearing is now scheduled for February 19, 2016.

12. The undersigned attomeys for the plaintiff and the defendant, County of Suffolk, have
stipulated and agreed that the County of Suffolk will not make a Motion to dismiss the plaintiff's
Summons and Complaint on the ground that the service of the summons and complaint was
made prior to the conducting the hearing pursuant to General Municipal Law §50-h or assert this
ground as an affirmative defense in its answer and that the time for the County of Suffolk serve
and file its Answer and motions is extended to February 20, 2016, or such other time as the

parties agree.13, The statute of limitations of one year and ninety days for the service of a summons and
complaint on the County of Suffolk has not expired.

14. This stipulation may be so ordered and e-filed with the Court.

  
 
  

DATED: East Northport, New York
January 20, 2016

Dennis Brown, County Attorne
By: Christopher Jeffries, Esq.

Attorney for Defendant

County of Suffolk Suzanne Schulman

H. Lee Dennison Building 39 Doyle Court

Veterans Memorial Highway, East Northport, New York 11731
Hauppauge, New York 11788 (631) 499-9300

(631) 853-4045 jli@johnljulianope.com

SO ORDERED: