Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018
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
GRAB1NA, AS ADMINSTRATRIX 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, ARTHUR A. BELLI JR,
AS PARENT AND NATURAL GUARDIAN OF DEMAND PURSUANT
STEPHANIE BELLI, DECEASED, AND AS THE TO CPLR § 3017(c)
ADMINISTRATOR OF THE ESTATEOF STEPHANIE BELLI,
Plaintiffs,
-against-
STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC.,
CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC.,
COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE
1-5"
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 X
COUNSELORS:
Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this request, you
are hereby required to set forth the total damages to which plaintiff deems herself entitled and list same
separately for each cause of action.
Dated: January 10, 2018
Melville, New York
Yours, etc.
LAW OFFICE OF ANDREA G. SAWYERS
By:
STEVEN A. STEIGERWALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC., d/b/a
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ROYALE LIMOUSINE
3 Huntington Quadrangle, Suite 102S
Melville, NY 11747
501-3100 W
(631)
Matter No.: 2017095440SAS
TO:
Paris & Chaikin, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza
Suite 2202
New York, NY 10122
The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place
Suite 205
Garden City, NY 115830
(516) 741-4170
Joseph J. Tock, Esq.
Attorney for Plaintiff
Melissa A. Crai
963 Route 6
Mahopac, NY 10541
(845) 628-8080
Sullivan Papain Block McGrath
& Cannavo P.C.
Attorneys for Plaintiff
Estate of Lauren Baruch
1140 Franklin Avenue
Garden City, NY 11530
(516) 742-0707
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate of Brittany Schulman
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
Frank J. Laine, P.C.
Attorneys for Plaintiff
Estate of Amy Grabina
449 South Oyster Bay Road
Plainview, NY 11803
(516) 937-1010
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Pegalis & Erickson, LLC
Attomeys for Plaintiff
Joelle Dimonte
One Hollow Lane
Suite 10
Lake Success, NY 11042
(516) 684-2939
Ahmuty Demers & McManus Esqs.
Attomeys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
200 I.U. Willets Road
Albertson, NY 11507
Cascone & Klupfel, LLP
Attorneys for Defendant
Romero Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
(516) 747-1990
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant
Steven D. Romeo
One CA Plaza
Suite 225
Islandia, NY 11749
(631) 755-0101
Devitt Spellman Barrett, LLP
Attorneys for Defendant
The Town of Southold
50 Route 111
Suite 314
Smithtown, NY 11787
Suffolk County Attorney
Attorneys for Defendant
The County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
PO Box 6100
Hauppauge, NY 11788
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
—â€â€â€â€
-----------------------------------------------------------------------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15 8
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY
GRABINA, AS ADMINSTRATRIX OF THE ESTATE
OF AMY GRABINA, AND MlNDY GRABINA,
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED,
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAI, ARTHUR A. BELLI JR,
AS PARENT AND NATURAL GUARDIAN OF
STEPHANIE BELLI, DECEASED, AND AS THE
ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI,
NOTICE FOR
DISCOVERY
Plaintiffs, AND INSPECTION
-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
TO: Olga Lipets, Plaintiff,
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. and the applicable case law, you
are hereby required to produce for discovery and supply to the undersigned attorneys for defendants within
twenty (20) days from the date of service of this demand, the following information, documents and items
requested for the purpose of inspection and/or copying:
PLEASE TAKE FURTHER NOTICE, that submission to the undersigned of true and conformed
certified copies of the documents and/or items demanded herein on or before the aforesaid return date will
be deemed compliance with this demand notice.
1. A copy of the plaintiff's detailed cellular telephone records for the date of the incident including
calls made and calls received. The records should be for all cellular telephones in their
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possession and also include the time that the call was made or received, the duration of the call
and the telephone number that was called or from where the call originated.
2. A copy of the detailed text records for the plaintiff's cellular telephone number for the date of p
the incident including texts that were made and texts that were received. The records should be
for allcellular telephones in their possession and also include the time that the text was made or
received and the time the text was made or received.
PLEASE TAKE FURTHER NOTICE that in the event any of the requested documents and/or
items do not exist, a verified statement to that effect is to be served on the undersigned on or before the
C
aforesaid return date.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and in the event
any of the requested documents and/or items are obtained after the aforesaid return date, same are to be
furnished to the undersigned within thirty (30) days after receipt.
PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested documents
and/or items on the date and at the time and place demanded, a Motion will be made for the appropriate
relief.
Dated: January 10, 2018
Melville, New York
Yours, etc.
LAW OFFICE OF ANDREA G. SAWYERS
By:
STEVEN A. STEIGERWALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC
3 Huntington Quadrangle, Suite 102S
Melville, NY 11747
(631) 501-3100
Matter No.: 2017095440SAS
TO:
Paris & Chaikin, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza
Suite 2202
New York, NY 10122
The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
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1415 Kellum Place
Suite 205
Garden City, NY 115830
741-4170 R
(516)
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff
Estate of Lauren Baruch
1140 Franklin Avenue
Suite 200
Garden City, NY 11530
(516) 742-0707
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate of Brittany Schulman
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
Ahmuty Demers & McManus Esqs.
Attomeys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
200 I.U. Willets Road
Albertson, NY 11507
Cascone & Klupfel, LLP
Attorneys for Defendant
Romero Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
(516) 747-1990
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant
Steven D. Romeo
One CA Plaza
Suite 225
Islandia, NY 11749
(631) 755-0101
Frank J. Laine, P.C.
Attorneys for Plaintiff
Estate of Amy Grabina
449 South Oyster Bay Road
Plainview, NY 11803
(516) 937-1010
Pegalis & Erickson, LLC
Attorneys for Plaintiff
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Joelle Dimonte
One Hollow Lane
Suite 10
Lake NY 11042 E
Success,
(516) 684-2939
Joseph J. Tock, Esq.
Attorney for Plaintiff
Melissa A. Crai
963 Route 6
Mahopac, NY 10541
(845) 628-8080
Devitt Spellman Barrett, LLP
Attorneys for Defendant
The Town of Southold
50 Route 111
Suite 314
Smithtown, NY 11787
Suffolk County Attorney
Attorneys for Defendant
The County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
PO Box 6100
Hauppauge, NY 11788
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
X
-----------------------------------------------------------------------------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 M1NDY GRABINA,
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF 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 VERIFIED ANSWER TO
ADMINISTRATOR OF THE ESTATEOF STEPHANIE BELLI, AMENDED COMPLAINT
Plaintiffs,
-against-
STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC.,
CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC.,
COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE
1-5"
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
The defendant, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, answering
the Amended Complaint of the plaintiff, OLGA LIPETS, alleges upon information and belief, the
following:
ANSWERING GENERAL ALLEGATIONS
1. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
"4"
the allegations contained in paragraphs of the Amended Complaint designated "1", "2", "3", and "6".
2. Denies each and every allegation contained in the paragraph of the Amended Complaint
"12"
designated except admits that CABOT COACH BUILDERS, INC. is a Massachusetts corporation
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duly authorized to do business in the State of New York and respectfully refers all questions of law and
fact contained therein to the Trial Court.
3. Denies each and every allegation contained in the paragraph of the Amended Complaint
"13"
designated and respectfully refers all questions of law and fact contained therein to the Trial Court.
ANSWERING A FIRST CAUSE OF ACTION
"7"
4. As to the paragraph of the Amended Complaint designated repeats and reiterates each
and every admission, denial and other response heretofore made to the preceding paragraphs designated
"1" "6"
through with the same force and effect as if set forth at length herein.
5. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
the allegations contained in paragraphs of the Amended Complaint designated "8", "9", "10", "11", "12",
3»'
i'cc13»
3>') 417
cc14» cc 5>7
cc15» 0'6'»
cc16» 777
cc17» 'c8» 9't)
cc19» cc2P11
cc20» cc21»» cc22» cc231')
cc23» cc24»
cc247> cc25)>
cc25» cc26')7
cc26» cc27»
cc27>) cc28»
cc287> cc29'»
cc29»
"13", "14", "15", "16", "17", "18", "19", "20", "21", "22", ) "23", "24", 7 "25",7 "26", "27", "28", "29",
cc3Q»'
cc30)7 1»'
'?') cc32»
cc321> cc33'»
cc337> cc34'?')
cc34» cc35»'
cc35» cc36»
cc36), cc371)
cc37» cc38»'
cc38)> cc39»'
cc39'?> cc40»'
cc40'J) » cc42»
cc427> cc43)>
cc43» cc44'»
cc44)> cc45»
cc45>) cc467)
cc46»
"30", ? "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", ? "43",) "44", "45", "46", 7
cc47»'
CC 'J'J cc49»'
>1 cc48»
CC CC »' cc5Q»»
CC CC >'J cc52»'
» CC »' cc53»»
CC CC CC
'J> cc55»
cc54» "56" CC
cc57»
"47", "48", "49", "50", "51", "52", "53", "54", "55", and "57".
6. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
"58"
the allegations contained in the paragraph of the Amended Complaint designated and respectfully
refers all questions of law and fact contained therein to the Trial Court.
ANSWERING A SECOND CAUSE OF ACTION
AGAINST DEFENDANT, TOWN OF SOUTHOLD
7. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
the allegations contained in paragraphs of the Amended Complaint designated "59", "60", "61", "62",
cc63» cc64» cc67» cc68» cc69»
and cc70
cc7Q
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8. Denies each and every allegation contained in paragraphs of the Amended Complaint
"66" "71"
designated "65", and and respectfully refers all questions of law and fact contained therein to
the Trial Court.
ANSWERNG A SECOND CAUSE OF ACTION
AGAINST DEFENDANT, COUNTY OF SUFFOLK
9. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
the allegations contained in paragraphs of the Amended Complaint designated "72", "73", "74", "75",
"76" "77" "80" "81" "82" "83"
"76", "77", "80", "81", and "83".
10. Denies each and every allegation contained in paragraphs of the Amended Complaint
"79" "84"
designated "78", and and respectfully refers all questions of law and fact contained therein to
the Trial Court.
ANSWERING A THIRD CAUSE OF ACTION
11. As to paragraph of the Amended Complaint designated "85", repeats and reiterates each
and every admission, denial and other response heretofore made to the preceding paragraphs designated
"1" "85"
through with the same force and effect as if set forth at length herein.
12. Denies each and every allegation contained in the paragraphs of the Amended Complaint
cc86» cc88» cc93» cc97» cc QQ» cc Q3» cc Q9» cc Q» cc 3» cc 4» "115" cc
designated "86", "88", "93", "97", "100", "103", "109", "110", "113", "114", 11 and "116".
13. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
the allegations contained in paragraphs of the Amended Complaint designated "87", "89", "91", "92",
cc94» cc96»' cc98'» cc99» Q7» 08» "111" 2»
"94", "96", "98", "99", "107", "108", ccl 1 and "112".
14. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of
"90" "102"
the allegations contained in paragraphs of the Amended Complaint designated and except
admits that the 2007 Lincoln vehicle was sold by Cabot Coach Builders, Inc., d/b/a Royale Limousine to
Ultimate Class Limousine, Inc.
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15. Denies each and every allegation contained in the paragraphs of the Amended Complaint
"118" "119"
designated "95", "101", "105", "117", and and respectfully refers all questions of law and
fact contained therein to the Trial Court.
16. Denies each and every allegation contained in the paragraphs of the Amended Complaint
"104"
designated as to Cabot Coach Builders, Inc. and denies any knowledge or information sufficient to
form a belief as to the truth or falsity of the allegations as to Ultimate Class Limousine, Inc. and "XYZ
Companies 1-5".
17. Denies each and every allegation contained in the paragraph of the Amended Complaint
"106"
designated except admits that Cabot Coach Builders, Inc. issued a written limited warranty to
Ultimate Class Limousine, Inc. and respectfully refers the Court to the terms and conditions contained
therein.
AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
That the plaintiffs alleged damages representing the cost of medical care, dental care, custodial
care or rehabilitation services, loss of earnings or other economic loss were or will, with reasonable
certainty, be replaced or indemnified, in whole or in part, by or from a collateral source and this Court
shall, pursuant to CPLR Section 4545(c), reduce the amount of such alleged damages by the amount such
damages were or will be replaced or indemnified by such collateral source.
AS AND FOR A SECOND SEPARÂTE AND COMPLETE AFFIRMATIVE DEFENSE
Answering defendant responsibility for non-economic loss, if any, which is expressly denied
herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party hereto,
who is or may be responsible for the happening of plaintiffs alleged accident and, thus, such party is
entitled to a limitation of damages as set forth in CPLR Article 16.
AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
The injuries and damages allegedly sustained by plaintiff were caused in whole or in part by the
culpable conduct of plaintiff, including negligence and assumption of risk, as a result of which the claim
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of plaintiff is therefore barred or diminished in the proportion that such culpable conduct of plaintiff bears
to the total culpable conduct causing the alleged injuries and damages.
AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
That the cause of action as set forth in the Complaint of plaintiff did not accrue within the time
prescribed in the applicable Statute of Limitation and said action is,thus, barred by law.
AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Upon information and belief, plaintiff was not in privity with this answering defendant.
AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Plaintiff s damages were caused solely by his misuse and/or abuse of the product described in the
Second Amended Complaint, which is a bar to any recovery herein.
AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
defendants'
Any claims for punitive damages under New York law violate the answering rights to
due process of law guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United
States.
AS AND FOR AN EIGHTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Any claims for punitive damages are barred by the prohibition against excessive fines contained in
the Eighth Amendment to the Constitution of the United States.
AS AND FOR A NINTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Any claims for punitive damages are barred by the prohibition against excessive fines contained in
Article I, Section 5 of the Constitution of the State of New York.
AS AND FOR A TENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
defendants'
Any claims for punitive damages violate the rights to due process of law guaranteed
by Article I, Section 6 of the Constitution of the State of New York.
AS AND FOR AN ELEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
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That if itis determined that plaintiff failed to use available seatbelts, defendant hereby pleads such
fact in mitigation of damages.
AS AND FOR A TWELFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
injury"
That this action is barred by reason of the fact that plaintiff did not sustained a "serious as
defined in Section 5102 of the Insurance Law and, thus, has no right of recovery under Sec. 5104 of the
Insurance Law.
AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Plaintiff's injuries, if any, were caused by parties other than the answering defendant.
AS AND FOR A FOURTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Upon information and belief, the product in issue was altered by someone not under the control
nor employ of this party.
AS AND FOR A FIFTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Upon information and belief, when the product left this party's control, the product was fitand
proper for the use for which itwas designed and intended.
AS AND FOR A SIXTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
That the plaintiffs have failed to join, as defendants, all necessary and proper parties in this action.
AS AND FOR A SEVENTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Plaintiffs'
claims are barred because the injuries and damages were caused by third parties or other
persons for whom Cabot Coach Builders, Inc. was not and is not legally responsible.
AS AND FOR A EIGHTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
Plaintiffs'
claims are barred because no act or omission by Cabot Coach Builders, Inc. was the
plaintiffs'
proximate cause of damages.
AS AND FOR A NINTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
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Plaintiffs'
injuries and damages were caused by superseding, intervening acts beyond Cabot
Coach Builders, Inc 's knowledge or control.
AS AND FOR A CROSS-CLAIM FOR COMMON LAW
INDEMNIFICATION AGAINST CO-DEFENDANTS, ULTIMATE
CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON
TOPVV'
MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF
SOUTHOLD and COUNTY OF SUFFOLK, THIS DEFENDANT ALLEGES:
That although this answering defendant has denied the allegations of plaintiffs with respect to
any culpable conduct by reason of carelessness, recklessness, acts, omissions, negligence and/or breaches
of contract and/or duty and/or obligation and/or statute and/or warranty and/or strictliability and/or
nuisance and/or trespass on the part of this answering defendant; nevertheless, in the event there is a
judgment in favor of plaintiffs against this answering defendant, then and in that event said answering
defendant demands judgment over and against co-defendants by reason of the carelessness, recklessness,
acts, omission, negligence and/or breaches of contract and/or duty and/or obligation and/or statute and/or
warranty and/or strictliability and/or nuisance and/or trespass of co-defendants being primary and/or
active while the culpable conduct of this answering defendant, if any, was secondary and/or passive
and/or derivative only, and said co-defendants herein will be liable over jointly and severally to this
answering defendant and to fully indemnify and hold this answering defendant harmless for the full
amount of any judgment herein recovered against this answering defendant in this action, including all
costs of investigation, disbursements, expenses and attorney fees incurred in the defense of this action and
in the conduct of this Cross-Claim.
AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST
CO-DEFENDANTS, ULTIMATE CLASS LIMOUSINE, INC.,
CARLOS PINO, ROMEO DIMON, MARINE SERVICE, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK, THIS DEFENDANT, ALLEGES THE FOLLOWING:
That if plaintiffs were caused to sustain injuries and/or damages at the time and place set forth in
plaintiffs'
the Complaint through any carelessness, recklessness and/or negligence other than the own,
such damages were sustained in whole or in part by any reason of the carelessness, recklessness and
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negligence and/or negligent acts of omission or commission of co-defendants, its agent(s), servant(s)
and/or employee(s). Further, if plaintiffs should recover judgment against this answering defendant, the
co-defendants shall be liableto this defendant on the basis of apportionment of responsibility for the
alleged occurrence and this defendant is entitled to contribution from and judgment over and against co-
t
defendants for allor part of any verdict or judgment which plaintiffs may recover in such amounts as a
jury or Court may direct.
This defendant demands judgment dismissing the Complaint herein as to the answering defendant,
and further demands judgment over and against co-defendants for the amount of any judgment which may
t
be obtained herein by plaintiffs against this answering defendant(s) or in such amount as the Court or jury
may determine, together with the costs and disbursements of the action.
WHEREFORE, defendant, demands judgment dismissing the Verified Second Amended
Complaint together with the costs and disbursements of this action.
Dated: January 10, 2018
Melville, New York
Yours, etc.
LAW OFFFCE OF ANDREA G. SA
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FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 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 GRAB1NA, AS ADMINSTRATRIX 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, ARTHUR A. BELLI JR, AS PARENT AND NATURAL GUARDIAN OF DEMAND PURSUANT STEPHANIE BELLI, DECEASED, AND AS THE TO CPLR § 3017(c) ADMINISTRATOR OF THE ESTATEOF STEPHANIE BELLI, Plaintiffs, -against- STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC., COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE 1-5" 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 X COUNSELORS: Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this request, you are hereby required to set forth the total damages to which plaintiff deems herself entitled and list same separately for each cause of action. Dated: January 10, 2018 Melville, New York Yours, etc. LAW OFFICE OF ANDREA G. SAWYERS By: STEVEN A. STEIGERWALD Attorneys for Defendant CABOT COACH BUILDERS, INC., d/b/a 1 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 ROYALE LIMOUSINE 3 Huntington Quadrangle, Suite 102S Melville, NY 11747 501-3100 W (631) Matter No.: 2017095440SAS TO: Paris & Chaikin, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza Suite 2202 New York, NY 10122 The Bongiorno Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place Suite 205 Garden City, NY 115830 (516) 741-4170 Joseph J. Tock, Esq. Attorney for Plaintiff Melissa A. Crai 963 Route 6 Mahopac, NY 10541 (845) 628-8080 Sullivan Papain Block McGrath & Cannavo P.C. Attorneys for Plaintiff Estate of Lauren Baruch 1140 Franklin Avenue Garden City, NY 11530 (516) 742-0707 John J. Juliano, Esq. Attorneys for Plaintiff Estate of Brittany Schulman 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 Frank J. Laine, P.C. Attorneys for Plaintiff Estate of Amy Grabina 449 South Oyster Bay Road Plainview, NY 11803 (516) 937-1010 2 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 Pegalis & Erickson, LLC Attomeys for Plaintiff Joelle Dimonte One Hollow Lane Suite 10 Lake Success, NY 11042 (516) 684-2939 Ahmuty Demers & McManus Esqs. Attomeys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 200 I.U. Willets Road Albertson, NY 11507 Cascone & Klupfel, LLP Attorneys for Defendant Romero Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 (516) 747-1990 Lewis Johs Avallone Aviles, LLP Attorneys for Defendant Steven D. Romeo One CA Plaza Suite 225 Islandia, NY 11749 (631) 755-0101 Devitt Spellman Barrett, LLP Attorneys for Defendant The Town of Southold 50 Route 111 Suite 314 Smithtown, NY 11787 Suffolk County Attorney Attorneys for Defendant The County of Suffolk H. Lee Dennison Building 100 Veterans Memorial Highway PO Box 6100 Hauppauge, NY 11788 3 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK —â€â€â€â€ -----------------------------------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS Index No.: 611214/15 8 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINSTRATRIX OF THE ESTATE OF AMY GRABINA, AND MlNDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, ARTHUR A. BELLI JR, AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, NOTICE FOR DISCOVERY Plaintiffs, AND INSPECTION -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 TO: Olga Lipets, Plaintiff, PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. and the applicable case law, you are hereby required to produce for discovery and supply to the undersigned attorneys for defendants within twenty (20) days from the date of service of this demand, the following information, documents and items requested for the purpose of inspection and/or copying: PLEASE TAKE FURTHER NOTICE, that submission to the undersigned of true and conformed certified copies of the documents and/or items demanded herein on or before the aforesaid return date will be deemed compliance with this demand notice. 1. A copy of the plaintiff's detailed cellular telephone records for the date of the incident including calls made and calls received. The records should be for all cellular telephones in their 4 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 possession and also include the time that the call was made or received, the duration of the call and the telephone number that was called or from where the call originated. 2. A copy of the detailed text records for the plaintiff's cellular telephone number for the date of p the incident including texts that were made and texts that were received. The records should be for allcellular telephones in their possession and also include the time that the text was made or received and the time the text was made or received. PLEASE TAKE FURTHER NOTICE that in the event any of the requested documents and/or items do not exist, a verified statement to that effect is to be served on the undersigned on or before the C aforesaid return date. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and in the event any of the requested documents and/or items are obtained after the aforesaid return date, same are to be furnished to the undersigned within thirty (30) days after receipt. PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested documents and/or items on the date and at the time and place demanded, a Motion will be made for the appropriate relief. Dated: January 10, 2018 Melville, New York Yours, etc. LAW OFFICE OF ANDREA G. SAWYERS By: STEVEN A. STEIGERWALD Attorneys for Defendant CABOT COACH BUILDERS, INC 3 Huntington Quadrangle, Suite 102S Melville, NY 11747 (631) 501-3100 Matter No.: 2017095440SAS TO: Paris & Chaikin, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza Suite 2202 New York, NY 10122 The Bongiorno Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 5 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 1415 Kellum Place Suite 205 Garden City, NY 115830 741-4170 R (516) Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff Estate of Lauren Baruch 1140 Franklin Avenue Suite 200 Garden City, NY 11530 (516) 742-0707 John J. Juliano, Esq. Attorneys for Plaintiff Estate of Brittany Schulman 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 Ahmuty Demers & McManus Esqs. Attomeys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 200 I.U. Willets Road Albertson, NY 11507 Cascone & Klupfel, LLP Attorneys for Defendant Romero Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 (516) 747-1990 Lewis Johs Avallone Aviles, LLP Attorneys for Defendant Steven D. Romeo One CA Plaza Suite 225 Islandia, NY 11749 (631) 755-0101 Frank J. Laine, P.C. Attorneys for Plaintiff Estate of Amy Grabina 449 South Oyster Bay Road Plainview, NY 11803 (516) 937-1010 Pegalis & Erickson, LLC Attorneys for Plaintiff 6 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 Joelle Dimonte One Hollow Lane Suite 10 Lake NY 11042 E Success, (516) 684-2939 Joseph J. Tock, Esq. Attorney for Plaintiff Melissa A. Crai 963 Route 6 Mahopac, NY 10541 (845) 628-8080 Devitt Spellman Barrett, LLP Attorneys for Defendant The Town of Southold 50 Route 111 Suite 314 Smithtown, NY 11787 Suffolk County Attorney Attorneys for Defendant The County of Suffolk H. Lee Dennison Building 100 Veterans Memorial Highway PO Box 6100 Hauppauge, NY 11788 7 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X -----------------------------------------------------------------------------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 M1NDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF 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 VERIFIED ANSWER TO ADMINISTRATOR OF THE ESTATEOF STEPHANIE BELLI, AMENDED COMPLAINT Plaintiffs, -against- STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC., COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE 1-5" 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 The defendant, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, answering the Amended Complaint of the plaintiff, OLGA LIPETS, alleges upon information and belief, the following: ANSWERING GENERAL ALLEGATIONS 1. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of "4" the allegations contained in paragraphs of the Amended Complaint designated "1", "2", "3", and "6". 2. Denies each and every allegation contained in the paragraph of the Amended Complaint "12" designated except admits that CABOT COACH BUILDERS, INC. is a Massachusetts corporation 8 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 duly authorized to do business in the State of New York and respectfully refers all questions of law and fact contained therein to the Trial Court. 3. Denies each and every allegation contained in the paragraph of the Amended Complaint "13" designated and respectfully refers all questions of law and fact contained therein to the Trial Court. ANSWERING A FIRST CAUSE OF ACTION "7" 4. As to the paragraph of the Amended Complaint designated repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs designated "1" "6" through with the same force and effect as if set forth at length herein. 5. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Amended Complaint designated "8", "9", "10", "11", "12", 3»' i'cc13» 3>') 417 cc14» cc 5>7 cc15» 0'6'» cc16» 777 cc17» 'c8» 9't) cc19» cc2P11 cc20» cc21»» cc22» cc231') cc23» cc24» cc247> cc25)> cc25» cc26')7 cc26» cc27» cc27>) cc28» cc287> cc29'» cc29» "13", "14", "15", "16", "17", "18", "19", "20", "21", "22", ) "23", "24", 7 "25",7 "26", "27", "28", "29", cc3Q»' cc30)7 1»' '?') cc32» cc321> cc33'» cc337> cc34'?') cc34» cc35»' cc35» cc36» cc36), cc371) cc37» cc38»' cc38)> cc39»' cc39'?> cc40»' cc40'J) » cc42» cc427> cc43)> cc43» cc44'» cc44)> cc45» cc45>) cc467) cc46» "30", ? "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", ? "43",) "44", "45", "46", 7 cc47»' CC 'J'J cc49»' >1 cc48» CC CC »' cc5Q»» CC CC >'J cc52»' » CC »' cc53»» CC CC CC 'J> cc55» cc54» "56" CC cc57» "47", "48", "49", "50", "51", "52", "53", "54", "55", and "57". 6. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of "58" the allegations contained in the paragraph of the Amended Complaint designated and respectfully refers all questions of law and fact contained therein to the Trial Court. ANSWERING A SECOND CAUSE OF ACTION AGAINST DEFENDANT, TOWN OF SOUTHOLD 7. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Amended Complaint designated "59", "60", "61", "62", cc63» cc64» cc67» cc68» cc69» and cc70 cc7Q 9 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 8. Denies each and every allegation contained in paragraphs of the Amended Complaint "66" "71" designated "65", and and respectfully refers all questions of law and fact contained therein to the Trial Court. ANSWERNG A SECOND CAUSE OF ACTION AGAINST DEFENDANT, COUNTY OF SUFFOLK 9. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Amended Complaint designated "72", "73", "74", "75", "76" "77" "80" "81" "82" "83" "76", "77", "80", "81", and "83". 10. Denies each and every allegation contained in paragraphs of the Amended Complaint "79" "84" designated "78", and and respectfully refers all questions of law and fact contained therein to the Trial Court. ANSWERING A THIRD CAUSE OF ACTION 11. As to paragraph of the Amended Complaint designated "85", repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs designated "1" "85" through with the same force and effect as if set forth at length herein. 12. Denies each and every allegation contained in the paragraphs of the Amended Complaint cc86» cc88» cc93» cc97» cc QQ» cc Q3» cc Q9» cc Q» cc 3» cc 4» "115" cc designated "86", "88", "93", "97", "100", "103", "109", "110", "113", "114", 11 and "116". 13. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Amended Complaint designated "87", "89", "91", "92", cc94» cc96»' cc98'» cc99» Q7» 08» "111" 2» "94", "96", "98", "99", "107", "108", ccl 1 and "112". 14. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of "90" "102" the allegations contained in paragraphs of the Amended Complaint designated and except admits that the 2007 Lincoln vehicle was sold by Cabot Coach Builders, Inc., d/b/a Royale Limousine to Ultimate Class Limousine, Inc. 10 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 15. Denies each and every allegation contained in the paragraphs of the Amended Complaint "118" "119" designated "95", "101", "105", "117", and and respectfully refers all questions of law and fact contained therein to the Trial Court. 16. Denies each and every allegation contained in the paragraphs of the Amended Complaint "104" designated as to Cabot Coach Builders, Inc. and denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations as to Ultimate Class Limousine, Inc. and "XYZ Companies 1-5". 17. Denies each and every allegation contained in the paragraph of the Amended Complaint "106" designated except admits that Cabot Coach Builders, Inc. issued a written limited warranty to Ultimate Class Limousine, Inc. and respectfully refers the Court to the terms and conditions contained therein. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE That the plaintiffs alleged damages representing the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss were or will, with reasonable certainty, be replaced or indemnified, in whole or in part, by or from a collateral source and this Court shall, pursuant to CPLR Section 4545(c), reduce the amount of such alleged damages by the amount such damages were or will be replaced or indemnified by such collateral source. AS AND FOR A SECOND SEPARÂTE AND COMPLETE AFFIRMATIVE DEFENSE Answering defendant responsibility for non-economic loss, if any, which is expressly denied herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party hereto, who is or may be responsible for the happening of plaintiffs alleged accident and, thus, such party is entitled to a limitation of damages as set forth in CPLR Article 16. AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE The injuries and damages allegedly sustained by plaintiff were caused in whole or in part by the culpable conduct of plaintiff, including negligence and assumption of risk, as a result of which the claim 11 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 of plaintiff is therefore barred or diminished in the proportion that such culpable conduct of plaintiff bears to the total culpable conduct causing the alleged injuries and damages. AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE That the cause of action as set forth in the Complaint of plaintiff did not accrue within the time prescribed in the applicable Statute of Limitation and said action is,thus, barred by law. AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Upon information and belief, plaintiff was not in privity with this answering defendant. AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Plaintiff s damages were caused solely by his misuse and/or abuse of the product described in the Second Amended Complaint, which is a bar to any recovery herein. AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE defendants' Any claims for punitive damages under New York law violate the answering rights to due process of law guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States. AS AND FOR AN EIGHTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Any claims for punitive damages are barred by the prohibition against excessive fines contained in the Eighth Amendment to the Constitution of the United States. AS AND FOR A NINTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Any claims for punitive damages are barred by the prohibition against excessive fines contained in Article I, Section 5 of the Constitution of the State of New York. AS AND FOR A TENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE defendants' Any claims for punitive damages violate the rights to due process of law guaranteed by Article I, Section 6 of the Constitution of the State of New York. AS AND FOR AN ELEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 12 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 That if itis determined that plaintiff failed to use available seatbelts, defendant hereby pleads such fact in mitigation of damages. AS AND FOR A TWELFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE injury" That this action is barred by reason of the fact that plaintiff did not sustained a "serious as defined in Section 5102 of the Insurance Law and, thus, has no right of recovery under Sec. 5104 of the Insurance Law. AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Plaintiff's injuries, if any, were caused by parties other than the answering defendant. AS AND FOR A FOURTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Upon information and belief, the product in issue was altered by someone not under the control nor employ of this party. AS AND FOR A FIFTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Upon information and belief, when the product left this party's control, the product was fitand proper for the use for which itwas designed and intended. AS AND FOR A SIXTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE That the plaintiffs have failed to join, as defendants, all necessary and proper parties in this action. AS AND FOR A SEVENTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Plaintiffs' claims are barred because the injuries and damages were caused by third parties or other persons for whom Cabot Coach Builders, Inc. was not and is not legally responsible. AS AND FOR A EIGHTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Plaintiffs' claims are barred because no act or omission by Cabot Coach Builders, Inc. was the plaintiffs' proximate cause of damages. AS AND FOR A NINTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 13 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 Plaintiffs' injuries and damages were caused by superseding, intervening acts beyond Cabot Coach Builders, Inc 's knowledge or control. AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNIFICATION AGAINST CO-DEFENDANTS, ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON TOPVV' MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, THIS DEFENDANT ALLEGES: That although this answering defendant has denied the allegations of plaintiffs with respect to any culpable conduct by reason of carelessness, recklessness, acts, omissions, negligence and/or breaches of contract and/or duty and/or obligation and/or statute and/or warranty and/or strictliability and/or nuisance and/or trespass on the part of this answering defendant; nevertheless, in the event there is a judgment in favor of plaintiffs against this answering defendant, then and in that event said answering defendant demands judgment over and against co-defendants by reason of the carelessness, recklessness, acts, omission, negligence and/or breaches of contract and/or duty and/or obligation and/or statute and/or warranty and/or strictliability and/or nuisance and/or trespass of co-defendants being primary and/or active while the culpable conduct of this answering defendant, if any, was secondary and/or passive and/or derivative only, and said co-defendants herein will be liable over jointly and severally to this answering defendant and to fully indemnify and hold this answering defendant harmless for the full amount of any judgment herein recovered against this answering defendant in this action, including all costs of investigation, disbursements, expenses and attorney fees incurred in the defense of this action and in the conduct of this Cross-Claim. AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST CO-DEFENDANTS, ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON, MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, THIS DEFENDANT, ALLEGES THE FOLLOWING: That if plaintiffs were caused to sustain injuries and/or damages at the time and place set forth in plaintiffs' the Complaint through any carelessness, recklessness and/or negligence other than the own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and 14 of 46 FILED: SUFFOLK COUNTY CLERK 01/10/2018 12:57 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 01/10/2018 negligence and/or negligent acts of omission or commission of co-defendants, its agent(s), servant(s) and/or employee(s). Further, if plaintiffs should recover judgment against this answering defendant, the co-defendants shall be liableto this defendant on the basis of apportionment of responsibility for the alleged occurrence and this defendant is entitled to contribution from and judgment over and against co- t defendants for allor part of any verdict or judgment which plaintiffs may recover in such amounts as a jury or Court may direct. This defendant demands judgment dismissing the Complaint herein as to the answering defendant, and further demands judgment over and against co-defendants for the amount of any judgment which may t be obtained herein by plaintiffs against this answering defendant(s) or in such amount as the Court or jury may determine, together with the costs and disbursements of the action. WHEREFORE, defendant, demands judgment dismissing the Verified Second Amended Complaint together with the costs and disbursements of this action. Dated: January 10, 2018 Melville, New York Yours, etc. LAW OFFFCE OF ANDREA G. SA