Preview
FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017
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
DEFENDANT STEVEN
GRABINA, Individually; STEVEN BARUCH, as
ROMEO^S AMENDED
Administrator of the Estate of LAUREN
ANSWER TO THE
BARUCH, deceased and STEVEN BARUCH,
AMENDED COMPLAINT
Individually; JOELLE DMONTE; MELISSA
OF PLAINTIFF STEVEN
A.CRAI; and ARTHUR A. BELLI JR., as parent
BARUCH
and natural guardian of STEPHANIE BELLI,
(E-File)
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^/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, as and for his Amended Answer the Amended Complaint of the plaintiff STEVEN
BARUCH, as Administrator of the Estate of LAUREN BARUCH, deceased and STEVEN
BARUCH, Individually herein, upon information and belief, respectfully shows to this Court and
alleges:
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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 Amended
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 Amended Complaint in the form alleged, except admits that
ROMEO DIMON MARINE SERVICE is located at 700 Hummel Avenue, Southold, New York
11971.
ANSWERING THE FIRST CAUSE OF ACTION
3. Answering paragraph numbered "12" of the plaintiffs Amended 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 Amended 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", "15","16", "17", "18" and "19" of the plaintiffs Amended Complaint.
5. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "20", "22", "23", "24", "26", "27", "28","29" and "30" of the plaintiffs
Amended Complaint.
6. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraph numbered "21" of the plaintiffs Amended Complaint in the form alleged.
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7. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "25", "31", "33" and "34" of the plaintiffs Amended 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 to the truth of the allegations
contained in paragraphs numbered "25", "31", "33" and "34" as the allegations pertain to all
other defendants.
8. 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 "32" of
the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions
of law to the Court.
ANSWERING THE SECOND CAUSE OF ACTION
9. Answering paragraph numbered "35" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through
"34" 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"36","37","38","39","40","41","42","43"and"44"of the plaintiffs Amended Complaint.
ANSWERING THE THIRD CAUSE OF ACTION
11. Answering paragraph numbered "45" of the plaintiffs Amended 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
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and every paragraph of plaintiffs Amended Complaint, designated as paragraphs "1" through
"44" 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 "46", "47', "48", "49", "50", "52" and "54" of the plaintiffs Amended
Complaint.
13. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "51" and "53" of the plaintiffs Amended Complaint, and refers all
questions of fact to trier of fact and questions of law to the Court.
ANSWERING THE FOURTH CAUSE OF ACTION
14. Answering paragraph numbered "55" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through
"54" inclusive, with the same force and effect as though more fully set forth at length herein.
15. 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 "56", "58", "59","60", "61", "64", "65", "66","67", "68" and "69" of the plaintiffs
Amended Complaint.
16. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "57", "62" and "70" of the plaintiffs Amended 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 to the truth of the allegations
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contained in paragraphs numbered "57", "62" and "70" as the allegations pertain to all other
defendants.
17. 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 "63" of
the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions
of law to the Court.
ANSWERING THE FIFTH CAUSE OF ACTION
18. Answering paragraph numbered "71" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through
"70" inclusive, with the same force and effect as though more fully set forth at length herein.
19. 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 "72","74","75","76","77","80","81","82","83","84"and"85" of the plaintiffs Amended
Complaint.
20. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "73", "78" and "86" of the plaintiffs Amended 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 to the truth of the allegations contained in
paragraphs numbered "73", "78" and "86" as the allegations pertain to all other defendants.
21. 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 "79" of
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the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions
of law to the Court.
ANSWERING THE SIXTH CAUSE OF ACTION
22. Answering paragraph numbered "87" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through
"86" inclusive, with the same force and effect as though more fully set forth at length herein.
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"88","89","90","91","92","93","94","95","96","97,"98","99","100","101","102","104",
"105","107","109","110","112","113(a)","113(b)","113(c)","113(d)","113(e)","l 13(f)",
"113(g)"," 113(h)","113(i)","113a)","l 13(k)","l 13(1)"," 114"and "115" of the plaintiffs Amended
Complaint.
24. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "103", "106"," 111", "116", "117" and "118" of the plaintiffs Amended 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 to the truth of the
allegations contained in paragraphs numbered "103", "106", "111", "116", "117" and "118" as
the allegations pertain to all other defendants.
25. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraph numbered "108" of the plaintiffs Amended Complaint as the allegations pertain to
defendant, STEVEN ROMEO, and refers all questions of fact to trier of fact and questions of law
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to the Court, and defendant, STEVEN ROMEO, denies having any knowledge or information
sufficient to form a belief as to the truth of the allegations contained in paragraph numbered
"108" as the allegations pertain to all other defendants.
ANSWERING THE SEVENTH CAUSE OF ACTION
26. Answering paragraph numbered "119" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through
"118" inclusive, with the same force and effect as though more fully set forth at length herein.
27. 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"120","121","122","123","124","125","126","127","128","129,"130","131","132",
"133","134","135" and "136" of plaintiff s Amended Complaint.
28. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "137" and "138" of the plaintiffs Amended 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 to the truth of the allegations contained in
paragraphs numbered "137" and "138" as the allegations pertain to all other defendants.
ANSWERING THE EIGHTH CAUSE OF ACTION
29. Answering paragraph numbered "139" of the plaintiffs Amended 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
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and every paragraph of plaintiffs Amended Complaint, designated as paragraphs "1" through
"138" inclusive, with the same force and effect as though more fully set forth at length herein.
30. 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" 140"," 141"," 142"," 143"and "144" of plaintiffs Amended Complaint.
31. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs "145" and "146" of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs
numbered "145" and "146" as the allegations pertain to all other defendants.
ANSWERING THE EIGHTH CAUSE OF ACTION
32. Answering paragraph numbered "147" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through
"146" inclusive, with the same force and effect as though more fully set forth at length herein.
33. Defendant, STEVEN ROMEO, denies each and every allegation contained in
paragraphs numbered "148", "149", "150" and"152", and in the WHEREFORE Clause, of the
plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "148", "149", "150"
and" 152", and in the WHEREFORE Clause, as the allegations pertain to all other defendants.
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34. 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 "151"
of the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and
j
j
questions of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
35. If the plaintiff/plaintiffs decedent has/have been injured and damaged as alleged
in the plaintiffs Amended 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 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 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 answering defendant, STEVEN
ROMEO, is not and was not responsible or liable.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
37. The 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 Amended Complaint were caused, contributed to
£ind/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
38. Plaintiffs Amended 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 York.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
39. 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
40. Upon information and belief, any past or future costs and/or expenses incurred or
to be incurred by the plaintiff for plaintiffs decedent's medical care, dental care, custodial care
or rehabiUtation services, loss of earnings or other economic loss, has been or will with
reasonable certainty be replaced or indemnified in whole or in part from a collateral source as
defined in section 4545(a) of the CPLR.
41. 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
42. 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
43. 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
44. 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 Amended Complaint.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
45. Whatever injuries and/or damages were sustained by the plaintiff/plaintiffs
decedent at the time and place alleged in the Amended Complaint were in whole or in part the
result of the plaintiffs decedent's own culpable conduct.
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AS AND FOR A TENTH AFFIRMATIVE DEFENSE
46. 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.. 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. DEFENDANT. STEVEN ROMEO.
ALLEGES UPON INFORMATION AND BELIEF:
47. If the plaintiff recovers herein, it will be by virtue of the recklessness,
carelessness and negligence of the co-defendants above-named, and not of the defendant,
STEVEN ROMEO, for which answering defendant, STEVEN ROMEO, demands judgment for
contribution and/or indemnification according to the respective degrees of negligence to be
ascertained, determined and adjudicated at trial.
WHEREFORE, defendant, STEVEN ROMEO, demands judgment dismissing
the plaintiffs Amended Complaint herein, and further demands judgment over and against of co-
defendants, ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON
MARINE SERVICE, INC., 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, 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 withthe costsand disbursements of this action.
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Dated: Islandia, New York
May 1,2017
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEVEN D. ROMEO
One CA Plaza
Suite 225
Islandia, New York UJ42
631.755:ai01
Bv: rsr>iioQoQaJoai
Rebecca K. Devlin
rkdevlin@lewisjohs .com
File No.: 0114.1460.0000
TO:
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
The Bongiorno 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
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 Bsqs.
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 Town ofSouthold
50 Route 111
Suite 314
Smithtown, New York 11787
Law Office of Andrea S. Sawyers
Attorneys for Defendant
Cabot Coach Builders, Inc.
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
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Attorney Verification
REBECCA K. DEVLIN, an attorney admitted to practice in the Courts of the State of
New York, affirms that the following statements are true under penalties of perjury:
Affirmant is associated with the law firm of LEWIS JOHS AVALLONE AVILES, LLP
attorneys of record for the defendant, STEVEN ROMEO, in the within action. Affirmant has
read the foregoing Answer, knows the contents thereof, and that the same is true to deponent's
own knowledge, except as to the matters therein stated to be alleged upon information and belief,
and that those matters affirmant believes to be true.
This verification is made by affirmant while the defendant reviews the Answer to
plaintiffs Amended Complaint.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are as follows: Verbal information from defendant, office records, and affirmant's general
investigation into the facts of this case.
Dated: Islandia, New York
May 1,2017
REBECCA K. DEVL '
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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 1®* day of May, 2017, deponent served the within DEFENDANT
STEVEN ROMEO'S AMENDED ANSWER TO THE AMENDED COMPLAINT OF
PLAINTIFF STEVEN BARUCH 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 of the United States Post Office
Department within the State of New York.
The Bongiomo 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 LU. 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
Law Office of Andrea S. Sawyers
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
VERONICA C. McKENNA
Sworn to before me this
1"day of May, 2017
Lois A. DiPol
Notary Public, State of New York
Registration No. OlD14966255
Qualifled in Suffolk County
Commission Expires May 07,2018
18 of 19
FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017
LEWIS m JOHS
Lewis Johs Avallone Aviles, LLP
OMmsclkm it Law
Index No, 609082 Year 2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Alicia M. Anmdel; Suzanne Schulman, as Administratrix of the Estate of Brittany Schulman, as Administratrix
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FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 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 DEFENDANT STEVEN GRABINA, Individually; STEVEN BARUCH, as ROMEO^S AMENDED Administrator of the Estate of LAUREN ANSWER TO THE BARUCH, deceased and STEVEN BARUCH, AMENDED COMPLAINT Individually; JOELLE DMONTE; MELISSA OF PLAINTIFF STEVEN A.CRAI; and ARTHUR A. BELLI JR., as parent BARUCH and natural guardian of STEPHANIE BELLI, (E-File) 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^/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, as and for his Amended Answer the Amended Complaint of the plaintiff STEVEN BARUCH, as Administrator of the Estate of LAUREN BARUCH, deceased and STEVEN BARUCH, Individually herein, upon information and belief, respectfully shows to this Court and alleges: 1 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 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 Amended 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 Amended Complaint in the form alleged, except admits that ROMEO DIMON MARINE SERVICE is located at 700 Hummel Avenue, Southold, New York 11971. ANSWERING THE FIRST CAUSE OF ACTION 3. Answering paragraph numbered "12" of the plaintiffs Amended 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 Amended 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", "15","16", "17", "18" and "19" of the plaintiffs Amended Complaint. 5. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "20", "22", "23", "24", "26", "27", "28","29" and "30" of the plaintiffs Amended Complaint. 6. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraph numbered "21" of the plaintiffs Amended Complaint in the form alleged. 2 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 7. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "25", "31", "33" and "34" of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "25", "31", "33" and "34" as the allegations pertain to all other defendants. 8. 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 "32" of the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions of law to the Court. ANSWERING THE SECOND CAUSE OF ACTION 9. Answering paragraph numbered "35" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through "34" 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"36","37","38","39","40","41","42","43"and"44"of the plaintiffs Amended Complaint. ANSWERING THE THIRD CAUSE OF ACTION 11. Answering paragraph numbered "45" of the plaintiffs Amended 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 3 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 and every paragraph of plaintiffs Amended Complaint, designated as paragraphs "1" through "44" 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 "46", "47', "48", "49", "50", "52" and "54" of the plaintiffs Amended Complaint. 13. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "51" and "53" of the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions of law to the Court. ANSWERING THE FOURTH CAUSE OF ACTION 14. Answering paragraph numbered "55" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through "54" inclusive, with the same force and effect as though more fully set forth at length herein. 15. 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 "56", "58", "59","60", "61", "64", "65", "66","67", "68" and "69" of the plaintiffs Amended Complaint. 16. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "57", "62" and "70" of the plaintiffs Amended 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 to the truth of the allegations 4 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 contained in paragraphs numbered "57", "62" and "70" as the allegations pertain to all other defendants. 17. 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 "63" of the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions of law to the Court. ANSWERING THE FIFTH CAUSE OF ACTION 18. Answering paragraph numbered "71" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through "70" inclusive, with the same force and effect as though more fully set forth at length herein. 19. 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 "72","74","75","76","77","80","81","82","83","84"and"85" of the plaintiffs Amended Complaint. 20. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "73", "78" and "86" of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "73", "78" and "86" as the allegations pertain to all other defendants. 21. 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 "79" of 5 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and questions of law to the Court. ANSWERING THE SIXTH CAUSE OF ACTION 22. Answering paragraph numbered "87" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through "86" inclusive, with the same force and effect as though more fully set forth at length herein. 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"88","89","90","91","92","93","94","95","96","97,"98","99","100","101","102","104", "105","107","109","110","112","113(a)","113(b)","113(c)","113(d)","113(e)","l 13(f)", "113(g)"," 113(h)","113(i)","113a)","l 13(k)","l 13(1)"," 114"and "115" of the plaintiffs Amended Complaint. 24. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "103", "106"," 111", "116", "117" and "118" of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "103", "106", "111", "116", "117" and "118" as the allegations pertain to all other defendants. 25. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraph numbered "108" of the plaintiffs Amended Complaint as the allegations pertain to defendant, STEVEN ROMEO, and refers all questions of fact to trier of fact and questions of law 6 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 to the Court, and defendant, STEVEN ROMEO, denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "108" as the allegations pertain to all other defendants. ANSWERING THE SEVENTH CAUSE OF ACTION 26. Answering paragraph numbered "119" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through "118" inclusive, with the same force and effect as though more fully set forth at length herein. 27. 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"120","121","122","123","124","125","126","127","128","129,"130","131","132", "133","134","135" and "136" of plaintiff s Amended Complaint. 28. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "137" and "138" of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "137" and "138" as the allegations pertain to all other defendants. ANSWERING THE EIGHTH CAUSE OF ACTION 29. Answering paragraph numbered "139" of the plaintiffs Amended 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 7 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 and every paragraph of plaintiffs Amended Complaint, designated as paragraphs "1" through "138" inclusive, with the same force and effect as though more fully set forth at length herein. 30. 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" 140"," 141"," 142"," 143"and "144" of plaintiffs Amended Complaint. 31. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs "145" and "146" of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "145" and "146" as the allegations pertain to all other defendants. ANSWERING THE EIGHTH CAUSE OF ACTION 32. Answering paragraph numbered "147" of the plaintiffs Amended 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 Amended Complaint, designated as paragraphs "1" through "146" inclusive, with the same force and effect as though more fully set forth at length herein. 33. Defendant, STEVEN ROMEO, denies each and every allegation contained in paragraphs numbered "148", "149", "150" and"152", and in the WHEREFORE Clause, of the plaintiffs Amended 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 to the truth of the allegations contained in paragraphs numbered "148", "149", "150" and" 152", and in the WHEREFORE Clause, as the allegations pertain to all other defendants. 8 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 34. 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 "151" of the plaintiffs Amended Complaint, and refers all questions of fact to trier of fact and j j questions of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 35. If the plaintiff/plaintiffs decedent has/have been injured and damaged as alleged in the plaintiffs Amended 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 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 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 answering defendant, STEVEN ROMEO, is not and was not responsible or liable. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 37. The 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 Amended Complaint were caused, contributed to £ind/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 9 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 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 38. Plaintiffs Amended 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 York. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 39. 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 40. Upon information and belief, any past or future costs and/or expenses incurred or to be incurred by the plaintiff for plaintiffs decedent's medical care, dental care, custodial care or rehabiUtation services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in section 4545(a) of the CPLR. 41. 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. 10 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 42. 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 43. 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 44. 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 Amended Complaint. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 45. Whatever injuries and/or damages were sustained by the plaintiff/plaintiffs decedent at the time and place alleged in the Amended Complaint were in whole or in part the result of the plaintiffs decedent's own culpable conduct. 11 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 46. 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.. 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. DEFENDANT. STEVEN ROMEO. ALLEGES UPON INFORMATION AND BELIEF: 47. If the plaintiff recovers herein, it will be by virtue of the recklessness, carelessness and negligence of the co-defendants above-named, and not of the defendant, STEVEN ROMEO, for which answering defendant, STEVEN ROMEO, demands judgment for contribution and/or indemnification according to the respective degrees of negligence to be ascertained, determined and adjudicated at trial. WHEREFORE, defendant, STEVEN ROMEO, demands judgment dismissing the plaintiffs Amended Complaint herein, and further demands judgment over and against of co- defendants, ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., 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, 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 withthe costsand disbursements of this action. 12 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 Dated: Islandia, New York May 1,2017 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEVEN D. ROMEO One CA Plaza Suite 225 Islandia, New York UJ42 631.755:ai01 Bv: rsr>iioQoQaJoai Rebecca K. Devlin rkdevlin@lewisjohs .com File No.: 0114.1460.0000 TO: 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 The Bongiorno 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 13 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 Frank J. Laine, P.C. Attorney for Plaintiff Estate ofAmy Grabina 449 South Oyster Bay Road Plainview, New York 11803 516.937.1010 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 Bsqs. 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 14 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 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 Town ofSouthold 50 Route 111 Suite 314 Smithtown, New York 11787 Law Office of Andrea S. Sawyers Attorneys for Defendant Cabot Coach Builders, Inc. 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 15 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 Attorney Verification REBECCA K. DEVLIN, an attorney admitted to practice in the Courts of the State of New York, affirms that the following statements are true under penalties of perjury: Affirmant is associated with the law firm of LEWIS JOHS AVALLONE AVILES, LLP attorneys of record for the defendant, STEVEN ROMEO, in the within action. Affirmant has read the foregoing Answer, knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that those matters affirmant believes to be true. This verification is made by affirmant while the defendant reviews the Answer to plaintiffs Amended Complaint. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: Verbal information from defendant, office records, and affirmant's general investigation into the facts of this case. Dated: Islandia, New York May 1,2017 REBECCA K. DEVL ' 16 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 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 1®* day of May, 2017, deponent served the within DEFENDANT STEVEN ROMEO'S AMENDED ANSWER TO THE AMENDED COMPLAINT OF PLAINTIFF STEVEN BARUCH 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 of the United States Post Office Department within the State of New York. The Bongiomo 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 17 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 Joseph J. Tock, Esq. 963Route 6 Mahopac, New York 10541 Ahmuty Demers & McManus Esqs. 200 LU. 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 Law Office of Andrea S. Sawyers 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 VERONICA C. McKENNA Sworn to before me this 1"day of May, 2017 Lois A. DiPol Notary Public, State of New York Registration No. OlD14966255 Qualifled in Suffolk County Commission Expires May 07,2018 18 of 19 FILED: SUFFOLK COUNTY CLERK 05/01/2017 12:56 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 05/01/2017 LEWIS m JOHS Lewis Johs Avallone Aviles, LLP OMmsclkm it Law Index No, 609082 Year 2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Alicia M. Anmdel; Suzanne Schulman, as Administratrix of the Estate of Brittany Schulman, as Administratrix