Preview
FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------------J{
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as
Administratrix of the Estate of BRITTNEY M.
SCHULMAN, deceased; OLGA LIPETS; MINDY Index No. 611214/15
GRABINA, as Administratrix of the Estate of AMY 609082/15
GRAB INA, and MINDY GRAB INA, Individually; 600055/16
STEVEN BARUCH, as Administrator of the Estate of 603536/16
LAUREN BARUCH, deceased and STEVEN BARUCH, 003364/16
Individually; JOELLE DIMONTE; and MELISSA A. 607598/16
CRAI, 001831/16
Plaintiffs, AMENDED VERIFIED
COMPLAINT
-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/bla
ROYALE LIMOUSINE and "J{YZ COMPANIES 1-5"
name being fictitious but intended to be the remanufacturers,
distributors, andlor sellers of the 2007 Lincoln Town Car
stretch limousine involved in the collision,
Defendants ..
----------------------------------------------------------------------J{
Plaintiff, STEVEN BARUCH, as Administrator of the Estate of LAUREN BARUCH,
deceased, and STEVEN BARUCH, individually, by his attorneys, Sullivan Papain Block McGrath
& Cannavo P.C., complaining ofthe defendants herein, respectfully shows to this Court, and alleges
as follows:
GENERAL ALLEGATIONS
1. That on September 16, 2015, plaintiff STEVEN BARUCH was duly appointed
Administrator of the Estate of LAUREN BARUCH, deceased (hereinafter "decedent"), pursuant
to a decree issued by the Surrogate's Court of Suffollc County, and he continues to act in such
capacity.
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2. That at all times hereinafter mentioned, defendant ULTIMATE CLASS
LIMOUSINE INC. was and still is a domestic business corporation duly authorized, existing
under and by virtue of the laws of the State of New York.
3. That defendant ULTIMATE CLASS LIMOUSINE INC. maintains a business
address of 12B Commercial Street, Hicksville, New York 11801.
4. That at all times hereinafter mentioned, defendant CARLOS PINO was and still
is residing at 721 Old Bethpage Road, Old Bethpage, New York 11804.
5. That at all times hereinafter mentioned, defendant ROMEO DIMON MARINE
SERVICE, INC. was and still is a domestic business corporation duly authorized, existing under
and by virtue of the laws of the State of New York.
6. That defendant ROMEO DIMON MARINE SERVICE, INC. maintains a
business address of 700 Hummel Avenue, Southold, New York 11971.
7. That at all times hereinafter mentioned, defendant STEVEN ROMEO maintains
a business address of700 Hummel Avenue, Southold, New York 11971.
8. That at all times hereinafter mentioned, defendant TOWN OF SOUTHOLD was
and still is a municipal corporation or other municipal entity duly authorized, existing, and
operating under and by virtue of the laws ofthe State of New York.
9. That at all times hereinafter mentioned, defendant COUNTY OF SUFFOLK was
and still is a municipal corporation or other municipal entity duly authorized, existing, and
operating under and by virtue ofthe laws of the State of New York.
10. That at all times hereinafter mentioned, defendant CABOT COACH BUILDERS
INC. d/b/a ROYALE LIMOUSINE, was and still is a foreign business corporation duly
authorized, existing under, and by virtue of the laws of the State of Massachusetts, duly
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authorized to do business and engaged in the transaction thereof in the State of New York. The
defendant, CABOT COACH BUILDERS INC. d/b/a ROYALE LIMOUSINE, has designated
the Secretary of State ofthe State of New York as its agent for service of process.
11. That at all times hereinafter mentioned, defendants "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 (hereinafter "XYZ Companies 1-5"),
were and still are corporations or other business entities duly authorized and transacting business
under and by virtue ofthe laws of the State of New York.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS:
ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE
SERVICE, INC., AND STEVEN ROMEO
12. That plaintiff repeats and reiterates each and every previous allegation as if set forth
more fully at length herein.
13. That at all times hereinafter mentioned, defendant ULTIMATE CLASS
LIMOUSINE INC., was the owner of a Lincoln Limousine bearing New York State registration
number NI02124C (hereinafter "Lincoln Limousine").
14. That at all times hereinafter mentioned, defendant CARLOS PINO was operating
the Lincoln Limousine with the permission and the consent, express or implied, of its owner,
defendant ULTIMATE CLASS LIMOUSINE INC.
15. That at all times hereinafter mentioned, defendant CARLOS PINO was an agent,
servant and/or employee, of defendant ULTIMATE CLASS LIMOUSINE INC.
16. That at all times hereinafter mentioned, defendant CARLOS PINO was operating
the Lincoln Limousine in the course of his employment with defendant ULTIMATE CLASS
LIMOUSINE INC.
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17. That at all times hereinafter mentioned, defendant CARLOS PINO was operating
the Lincoln Limousine as an agent of defendant ULTIMATE CLASS LIMOUSINE INC.
18. That at all times hereinafter mentioned, defendant CARLOS PINO was operating
the Lincoln Limousine as a servant of defendant ULTIMATE CLASS LIMOUSINE INC.
19. That on July 18, 2015, decedent was a lawful passenger in the Lincoln
Limousine, which was then and there being operated by defendant CARLOS PINO.
20. That at all times hereinafter mentioned, defendant ROMEO DIMON MARINE
SERVICE, INC. was the owner of a motor vehicle bearing New York State registration number
EFC3050 (hereinafter "Romeo Vehicle").
21. That at all times hereinafter mentioned, defendant STEVEN ROMEO was
operating the Romeo Vehicle with the permission and consent, express or implied, of its owner,
defendant ROMEO DIMON MARINE SERVICE, INC.
22. That at all times hereinafter mentioned, defendant STEVEN ROMEO was
operating the Romeo Vehicle in the course of his employment with defendant ROMEO DIMON
MARINE SERVICE, INC.
23. That at all times hereinafter mentioned, defendant STEVEN ROMEO was
operating the Romeo Vehicle as an agent of defendant ROMEO DIMON MARINE SERVICE,
INC.
24. That at all times hereinafter mentioned, defendant STEVEN ROMEO was
operating the Romeo Vehicle as a servant of defendant ROMEO DIMON MARINE SERVICE,
INC.
25. That on July 18, 2015, on a public highway known as Middle Road (County
Road 48) at its intersection with Depot Lane, located in the Hamlet of Cutchogue, Town of
Southold, County of Suffolk, State of New York, the defendants, ULTIMATE CLASS
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LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., and
STEVEN ROMEO, were negligent, careless, and reckless in the ownership, maintenance,
management, operation, and control of their motor vehicles so as to cause them to collide with
each other.
26. That on July 18, 2015, defendant STEVEN ROMEO ingested alcoholic
beverages.
27. That by reason of the aforesaid consumption of said alcoholic beverages,
defendant STEVEN ROMEO became intoxicated.
28. That by reason of the aforesaid consumption of said alcoholic beverages,
defendant STEVEN ROMEO became impaired.
29. That on July 18, 2015, defendant STEVEN ROMEO was operating the Romeo
Vehicle at the aforementioned location while intoxicated.
30. That on July 18, 2015, defendant STEVEN ROMEO was operating the Romeo
Vehicle at the aforementioned location while impaired.
31. That as a result of the aforesaid negligence and carelessness of the defendants,
ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE
SERVICE, INC., and STEVEN ROMEO, decedent sustained and suffered serious and severe
personal injuries, conscious pain and suffering, and death as defined in subsection (d) of Section
5102 of the Insurance Law of the State of New York and/or economic loss greater than basic
economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of
New York.
32. That this action falls within the exception set forth in Civil Practice Law and
Rules, Section 1602 (6) and (7).
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33. That as a result of the negligence of the defendants as aforesaid, decedent
suffered conscious pain and suffering and death.
34. That as a result of the aforesaid negligence of the defendants, decedent's estate
has been damaged in a sum of money which exceeds the jurisdictional limits of all lower courts
of the State of New York which would otherwise have jurisdiction over this action.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT
ULTIMATE CLASS LIMOUSINCE INC.
35. That plaintiff repeats and reiterates each and every previous allegation as if set forth
more fully at length herein.
36. That defendant ULTIMATE CLASS LIMOUSINE INC., having ownership and
control over the Lincoln Limousine being operated by defendant CARLOS PINO, negligently
entrusted it to defendant CARLOS PINO, who defendant ULTIMATE CLASS LIMOUSINE
INC., knew, or in the exercise of ordinary care should have known, was incompetent to operate
said motor vehicle.
37. That defendant ULTIMATE CLASS LIMOUSINE INC., failed to investigate the
driving record of defendant CARLOS PINO before allowing him to operate the Lincoln
Limousine which was owned and controlled by defendant ULTIMATE CLASS LIMOUSINE
INC.
38. That defendant ULTIMATE CLASS LIMOUSINE INC. allowed the Lincoln
Limousine that it owned and controlled, to be operated by an incompetent, negligent, and
dangerous driver who defendant ULTIMATE CLASS LIMOUSINE INC., knew or should have
lmown by the use of ordinary care, was incompetent to properly and safely operate said motor
vehicle.
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39. That defendant ULTIMATE CLASS LIMOUSINE INC., failed to supervise and
review the driving record of defendant CARLOS PINO.
40. That defendant ULTIMATE CLASS LIMOUSINE INC., failed to supervise and
review the ability of defendant CARLOS PINO to operate a limousine motor vehicle.
41. That defendant ULTIMATE CLASS LIMOUSINE INC., violated Section 388 of
the New York State Vehicle and Traffic Law, amongst other sections.
42. That defendant ULTIMATE CLASS LIMOUSINE INC., negligently entrusted
the Lincoln Limousine to defendant CARLOS PINO.
43. That by reason of the aforesaid negligent entrustment, decedent was personally
injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of
the Insurance Law of the State of New York and/or economic loss greater than basic economic
loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York.
44. That as a result of the aforesaid negligence of defendant ULTIMATE CLASS
LIMOUSINE INC., plaintiff demands judgment in a sum of money which exceeds the
jurisdictional limits of all lower courts of the State of New York which would otherwise have
jurisdiction over this action.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT
ROMEO DIMON MARINE SERVICE, INC.
45. That plaintiff repeats and reiterates each and every previous allegation as if set forth
more fully at length herein.
46. That defendant ROMEO DIMON MARINE SERVICE, INC., having ownership
and control over the Romeo Vehicle which was operated by defendant STEVEN ROMEO,
negligently entrusted said motor vehicle to defendant STEVEN ROMEO, who defendant
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ROMEO DIMON MARINE SERVICE, INC., knew, or in the exercise of ordinary care should
have known, was incompetent to operate same.
47. That defendant ROMEO DIMON MARINE SERVICE, INC., failed to
investigate the driving record of defendant STEVEN ROMEO before allowing him to operate
the Romeo Vehicle which was owned and controlled by defendant ROMEO DIMON MARINE
SERVICE, INC.
48. That defendant ROMEO DIMON MARINE SERVICE, INC., allowed the
Romeo Vehicle that it owned and controlled to be operated by an incompetent, negligent, and
dangerous driver who defendant ROMEO DIMON MARINE SERVICE, INC., knew or should
have known by the use of ordinary care, was incompetent to properly operate said motor
vehicle.
49. That defendant ROMEO DIMON MARINE SERVICE, INC., failed to supervise
and review the driving record of defendant STEVEN ROMEO.
50. That defendant ROMEO DIMON MARINE SERVICE, INC., failed to supervise
and review the ability of defendant STEVEN ROMEO to operate the Romeo Vehicle owned by
defendant ROMEO DIMON MARINE SERVICE, INC.
51. That defendant ROMEO DIMON MARINE SERVICE, INC., violated Section
388 of the New York State Vehicle and Traffic Law, amongst other sections oflaw.
52. That defendant ROMEO DIMON MARINE SERVICE, INC., negligently
entrusted the Romeo Vehicle to defendant STEVEN ROMEO.
53. That by reason of the aforesaid negligent entrustment, decedent was personally
injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of
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the Insurance Law of the State of New York and/or economic loss greater than basic economic
loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York.
54. That as a result of the aforesaid negligence of defendant ROMEO DIMON
MARINE SERVICE, INC., plaintiff demands damages in a sum of money which exceeds the
jurisdictional limits of all lower courts of the State of New York which would otherwise have
jurisdiction over this action.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
DEFENDANT TOWN OF SOUTHOLD
55. That plaintiff repeats and reiterates each and every previous allegation as if set forth
more fully at length herein.
56. That at all times hereinafter mentioned defendant TOWN OF SOUTHOLD either
owned, leased, maintained, and/or otherwise controlled a public highway known as Middle
Road (County Road 48) at its intersection with Depot Lane, located in Cutchogue, Town of
Southold, County of Suffolk, State of New York.
57. That the aforesaid serious personal injuries and death sustained by decedent were
caused and contributed to, in part, by defendant TOWN OF SOUTHOLD, when the Lincoln
Limousine owned by defendant ULTIMATE CLASS LIMOUSINE INC., and operated by
defendant CARLOS PINO, made a U-turn on Middle Road (County Road 48) at its intersection
with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and
collided with the Romeo Vehicle owned by defendant ROMEO DIMON MARINE SERVICE,
INC., and negligently operated by defendant STEVEN ROMEO, at a high rate of speed.
58. That at all times prior to the aforesaid collision, defendant TOWN OF
SOUTHOLD was on notice that the intersection of Middle Road (County Road 48) with Depot
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Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and
dangerous to persons and vehicles driving on these roadways.
59. That at all times prior to the aforesaid collision, defendant TOWN OF
SOUTHOLD was on notice that there were a number of prior incidents and collisions at the
intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold,
County of Suffolk, State of New York.
60. That at all times prior to the aforesaid collision, defendant TOWN OF
SOUTHOLD was aware of the dangerous and hazardous conditions of the aforesaid roadway,
including, but not limited to, dangerous U-turns, and failed to take any action to rectify the said
dangerous and hazardous conditions of the aforesaid intersection and to make the intersection
safe for those members of the public who used the roadway.
61. That the aforesaid collision was caused and contributed to, in part, by defendant
TOWN OF SOUTHOLD's negligence in failing to properly design, construct, and/or maintain
the aforesaid roadway, in failing to install the proper traffic control devices, including but not
limited to, traffic lights and proper traffic warning signage and devices; and in failing to prohibit
U-turns in the subject area.
62. That as a result of the aforesaid negligence and carelessness of defendants and
defendant TOWN OF SOUTHOLD, contributing thereto, decedent suffered serious and severe
personal injuries, conscious pain and suffering and death, and sustained serious personal injuries
as defined in subsection (d) of Section 5102 of the Insurance Law of the State of N ew York
and/or economic loss greater than basic economic loss as defined in subsection (a) of Section
5102 ofthe Insurance Law of the State of New York.
63. That this action falls within the exception set forth in Civil Practice Law and
Rules, Section 1602 (6) and (7).
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64. That as a result of the negligence of defendant as aforesaid, decedent suffered
conscious pain and suffering and death.
6S. That on or about August 12, 201S, within ninety (90) days after the claim alleged
herein arose, a written Notice of Claim was served upon defendant TOWN OF SOUTHOLD
pursuant to Section SO-e of the General Municipal Law.
66. That more than thirty (30) days have elapsed since the date of the service of said
Notice of Claim and defendant TOWN OF SOUTHOLD has neglected and refused to make
payment of the aforesaid claim.
67. That a Demand for Oral Examination pursuant to General Municipal Law § SO-h
was served upon plaintiff demanding that said examination be held on December 2, 201S.
68. That said Oral Examination pursuant to General Municipal Law § SO-h was held
on December 2, 201S.
69. That this matter has been commenced within one (1) year and ninety (90) days
after the accrual of the cause of action herein set forth in compliance with General Municipal
Law §SO-i.
70. That as a result of the aforesaid negligence of the defendants, plaintiff demands
damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the
State of New York which would otherwise have jurisdiction over this action.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANT
COUNTY OF SUFFOLK
71. That plaintiff repeats and reiterates each and every previous allegation as if set forth
more fully at length herein.
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72. That at all times hereinafter mentioned, defendant COUNTY OF SUFFOLK
either constructed, owned, leased, maintained, and/or otherwise controlled a public highway
lmown as Middle Road (County Road 48) at its intersection with Depot Lane, located in
Cutchogue, Town of Southold, County of Suffolk, State of New Yorlc.
73. That the aforesaid serious personal injuries and death sustained by decedent were
caused and contributed to, in part, by defendant COUNTY OF SUFFOLK, when the Lincoln
Limousine owned by defendant ULTIMATE CLASS LIMOUSINE INC., and operated by
defendant CARLOS PINO, made a U-turn on Middle Road (County Road 48) at its intersection
with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New Y orle, and
collided with the Romeo Vehicle owned by defendant ROMEO DIMON MARINE SERVICE,
INC., and negligently operated by defendant STEVEN ROMEO, at a high rate of speed.
74. That at all times prior to the C\.foresaid collision, defendant COUNTY OF
SUFFOLK was on notice that the intersection of Middle Road (County Road 48) with Depot
Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and
dangerous to persons and vehicles driving on these roadways.
75. That at all times prior to the aforesaid collision, defendant COUNTY OF
SUFFOLK was on notice that there were a number of prior incidents and collisions at the
intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold,
County of Suffolk, State of New York.
76. That at all times prior to the aforesaid collision, defendant COUNTY OF
SUFFOLK was aware of the dangerous and hazardous conditions of the aforesaid roadway,
including, but not limited to, dangerous U-turns, and failed to take any action to rectify the said
dangerous and hazardous conditions of the aforesaid intersection and to make the intersection
safe for those members of the public who used the roadway.
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77. That the aforesaid collision was caused and contributed to, in part, by defendant
COUNTY OF SUFFOLK's negligence in failing to properly design, construct, and/or maintain
the aforesaid roadway, in failing to install the proper traffic control devices, including but not
limited to, traffic lights and proper traffic warning signage and devices; and in failing to prohibit
U-turns in the subject area.
78. That as a result of the aforesaid negligence and carelessness of defendants and
defendant COUNTY OF SUFFOLK, contributing thereto, decedent suffered serious and severe
personal injuries, conscious pain and suffering and death, and sustained serious personal injuries
as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York
and/or economic loss greater than basic economic loss as defined in subsection (a) of Section
5102 of the Insurance Law of the State of New York.
79. That this action falls within the exception set forth in Civil Practice Law and
Rules, Section 1602 (6) and (7).
80. That as a result of the aforesaid negligence of defendant, decedent suffered
conscious pain and suffering and death.
81. That on or about August 12,2015, within ninety (90) days after the claim alleged
herein arose, a written Notice of Claim was served upon defendant COUNTY OF SUFFOLK
pursuant to Section 50-e of the General Municipal Law.
82. That more than thirty (30) days have elapsed since the date of the service of said
Notice of Claim and defendant COUNTY OF SUFFOLK has neglected and refused to make
payment of the aforesaid claim.
83. That a Demand for Oral Examination pursuant to General Municipal Law § 50-h
was served upon plaintiff demanding that said examination be held on December 2,2015.
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84. That said Oral Examination pursuant to General Municipal Law § SO-h was held
on December 2, 201S.
8S. That this matter has been commenced within one (1) year and ninety (90) days
after the accrual of the cause of action herein set forth in compliance with General Municipal
Law §SO-i.
86. That as a result of the aforesaid negligence of the defendants, plaintiff demands
damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the
State of New York which would otherwise have jurisdiction over this action.
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANTS CABOT
COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, ULTIMATE CALSS
LIMOUSINE, INC., AND "XYZ COMPANIES 1-5"
87. That plaintiff repeats and reiterates each and every previous allegation as if set forth
more fully at length herein.
88. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE
LIMOUSINE and "XYZ COMPANIES I-S", were and still are foreign corporations or other
business entities authorized to transact and do business under and by virtue of the laws of the State
of New York, and at all times herein were transacting and doing business within the State of New
York.
89. That at all relevant times, defendants CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE and "XYZ COMPANIES I-S", were and still are eng~ged in the business
of designing, developing, reconstructing, manufacturing, reassembling, reequipping, testing,
inspecting, examining, servicing, repairing, maintaining, advertising, selling, transporting, and
distributing limousines, including the limousine of the type that caused plaintiffs decedent's
injuries as herein mentioned.
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90. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE
LIMOUSINE and "XYZ COMPANIES 1-5", in the normal and regular course and conduct of their
business designed, developed, reconstructed, remanufactured, fabricated, reequipped, reassembled,
tested, inspected, examined andlor serviced, repaired, maintained, andlor advertised, sold, and
distributed a 2007 Lincoln Town Car stretch limousine, bearing vehicle identification number
ILIFM88W87Y616205.
91. That at all times hereinafter mentioned, the aforesaid Lincoln Limousine was
eventually sold to, and operated by the defendant, ULTIMATE CLASS LIMOUSINE, INC., and
being used, operated, and driven by defendant CARLOS PINO on July 18, 2015.
92. That at all times hereinafter mentioned, this Lincoln Limousine which was
redesigned, developed, reconstructed, remanufactured, refabricated, reequipped, reassembled,
tested, inspected, examined, andlor serviced, repaired, maintained, and was advertised, sold, and
delivered by defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and
"XYZ COMPANIES 1-5", into the State of New York.
93. That CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and
"XYZ COMPANIES 1-5", sold and delivered other similar models of stretch limousines in a
regular and continuous chain of business in the State of New York to be sold at retail in the State of
New York.
94. That it was the purpose and intent of the defendants, CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", to sell the
Lincoln Limousine referred to above, so redesigned, remanufactured, and reassembled, to the
consuming public with knowledge that the ultimate purchaser, its agent, servants, and employees,
would use the stretch limousine for the purpose of transportation of passengers.
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95. That the subject vehicle and its component parts were redesigned, developed,
remanufactured, reconstructed, reassembled, reequipped, andlor tested, inspected, examined,
serviced, maintained, andlor replaced andlor advertised, transported, distributed, andlor sold,
furnished, andlor supplied, for the purpose of, and were intended to be used for and operated upon
public andlor private highways.
96. That the aforesaid Lincoln Limousine was redeveloped, remanufactured,
reconstructed, reassembled, reequipped, andlor tested, inspected, examined, serviced, maintained,
andlor placed andlor advertised, transported, distributed, andlor sold, furnished, andlor supplied by
the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ
COMPANIES 1-5", for the purpose of sale or resale to any corporation, firm, wholesaler,
distributor, retailer, person or entity who might buy the vehicle, new or used, with the intent of
using the vehicle for operation upon public or private highways.
97. That at all relevant times, defendants CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", had a duty to sufficiently redevelop,
remanufacture, reconstruct, reassemble, reequip andlor test, inspect, examine, service, maintain,
andlor replace andlor advertise, andlor instruct, warn, andlor inform with respect to the subject
vehicle and its component parts, so that the Lincoln Limousine would be safe, fit, suitable, and
roadworthy for the ordinary and intended purposes of its use.
98. That at all times hereinafter mentioned, the defendants CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIE~ 1-5", placed into the
stream of commerce, sold, and delivered the Lincoln Limousine to the defendant, ULTIMATE
CLASS LIMOUSINE, INC.
99. That at all times hereinafter mentioned, defendants CABOT COACH BUILDERS,
INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", placed into the stream of
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commerce, sold, and delivered the Lincoln Limousine with knowledge that the defendant,
ULTIMATE CLASS LIMOUSINE, INC., would use the stretch limousine for the purpose of
transporting customers of the defendant, ULTIMATE CLASS LIMOUSINE, INC.
100. That at all times hereinafter, prior to the use and operation of the subject Lincoln
Limousine on or about July 18, 2015, defendants CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE,
INC., had on more than one occasion undertaken to inspect, examine, service, repair, maintain,
and/or test the subject vehicle and replace parts in it.
101. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE
LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., were
under a duty to sufficiently test, inspect, examine, service, maintain, and/or replace and/or
advertise, and/or instruct, warn, and/or inform with respect to the subject vehicle and its component
parts, so that the aforesaid stretch limousine would be safe, fit, suitable, and roadworthy for the
ordinary and intended purposes of its use.
102. That at all times hereinafter mentioned, on each occasion, the defendants CABOT
COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and
ULTIMATE CLASS LIMOUSINE, INC., inspected, examined, serviced, repaired, maintained
and/or tested the subject vehicle, the defendants certified, warranted and/or represented, expressly
and/or impliedly, that the subject Lincoln Limousine was then fit, safe, and suitable for operation
with the knowledge that the vehicle would be used and operated to transport persons upon public
roadways and highways by employees ofthe defendant, ULTIMATE CLASS LIMOUSINE, INC.
103. That as hereinbefore mentioned, on or about July 18, 2015, the Lincoln Limousine
was being used and operated within the reasonable contemplation of the defendants
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104. That on or about July 18, 2015, plaintiffs decedent LAUREN BARUCH, was a
lawful passenger seated and belted in the Lincoln Limousine driven by the defendant, CARLOS
PINO.
105. That at all relevant times herein mentioned, defendants CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", knew or should
have known, with the exercise of reasonable diligence, that plaintiffs decedent, LAUREN
BARUCH, and other individuals would be lawful passengers in the aforesaid Lincoln Limousine.
106. That at all relevant times, the lawful occupancy of the subject vehicle by the
plaintiffs decedent, LAUREN BARUCH, and other passengers in the Lincoln Limousine was
reasonably foreseeable by and to the defendants.
107. That at all relevant times, the subject vehicle was being used for the purposes and in
the manner for which it was intended, redesigned, developed, remanufactured, reequipped,
reassembled, reconstructed, tested, inspected, serviced, maintained, repaired, advertised, sold, and
distributed.
108. That as hereinbefore stated, on July 18, 2015, on a public highway known as
Middle Road (County Road 48) at its intersection with Depot Lane, located in the Hamlet of
Cutchogue, Town of Southold, County of Suffollc, State of New York, the subject Lincoln
Limousine, in which the plaintiffs decedent, LAUREN BARUCH, and other passengers lawfully
occupied, was struck broadside by the 2005 Dodge motor vehicle bearing New York State plate
registration number EFC3050, which was driven and operated by defendant, STEVEN ROMEO,
with the permission and consent of its owner, defendant ROMEO DIMON MARINE SERVICE,
INC.
109. That as a result of the impact, the structural integrity of the Lincoln Limousine
failed suddenly and without warning due to design andlor manufacturing defects and the overall
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negligent reconstruction of the Lincoln Limousine by defendants CABOT COACH BUILDERS,
INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS
LIMOUSINE, INC.
110. That at the abovementioned time and place, the Lincoln Limousine was in such a
defective, inherently, and unreasonably dangerous condition by reason of the reckless, careless, and
negligent acts and omission of the defendants, CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE,
INC., that the limousine's structural integrity failed and the vehicle unreasonably crumpled
resulting in the plaintiffs decedent's severe permanent and painful personal injuries and eventual
death.
111. That due to the defendants' reckless, willful, careless, and negligent acts and
omissions, the Lincoln Limousine contained latent defects of which defendants knew and of which
the defendants failed to warn.
112. That due to the aforesaid negligence of the defendants CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE
CLASS LIMOUSINE, INC., the defendants knew, or in the exercise of reasonable care and
diligence should have known, that the defective conditions within the Lincoln Limousine could not
and would not be inspected and discovered by the plaintiff and plaintiffs decedent at any time that
the plaintiffs decedent was a passenger in the said vehicle.
113. That defendants' CABOT COACH BUILDERS, INC., d/b/a ROYALE
LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC.'s
negligence consisted, among other things of the follow:
(a) Selling and permitting to be sold the subject Lincoln Limousine with a
defective and inadequate "anti-intrusion" beam which was improperly
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and negligently welded, mounted, and installed by the defendants
resulting in its malfunction at the time of the July 18, 2015, deadly motor
vehicle collision;
(b) Failing to use care in the remanufacture of the Lincoln Limousine;
(c) Improperly reassembling the Lincoln Limousine;
(d) Using defective parts in the remanufacture of the Lincoln Limousine;
(e) Failing to conduct proper tests on the Lincoln Limousine before placing it
on the market for sale to the general public;
(f) Failing to properly inspect the Lincoln Limousine before placing it on the
market for sale to the general public;
(g) Permitting the Lincoln Limousine to be sold with a defective "anti-
intrusion" system and mechanism when defendants lmew that an
automobile with a defective "anti-intrusion" system constituted an unsafe
and dangerous instrumentality on the public highways;
(h) Improperly constructing and installing the "anti-intrusion" system and
mechanism;
(i) Failing to inspect and discover the malfunctioning "anti-intrusion" system
and mechanism;
(j) Providing, equipping, and supplying the above vehicle with an improper,
defective "anti-intrusion" system and mechanism;
(k) Failing to use care in the design of the Lincoln Limousine; and
(1) Failing to use care in the design of the "anti-intrusion" system and
mechanism of the Lincoln Limousine.
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114. That as one of the results of the reckless, careless, and/or negligent acts,
omissions, and/or conduct of the defendants, CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE,
INC., and/or by one or more of them, the Lincoln Limousine contained latent defects and/or
dangers of which the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE
LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., or one or
more of them, knew or foresaw or should have known or foreseen, and of which they, or one or
more ofthem, failed to warn ofthe said defects.
115. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE
LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., knew or
should have lmown that the defects and latent dangers contained in the Lincoln Limousine would
not and could not, in the exercise of reasonable care, have been discovered by the plaintiffs
decedent nor could have the plaintiff s decedent perceived the danger incident to the negligent
design and/or manufacture of the subject vehicle.
116. That plaintiffs decedent's severe injuries, damages, and eventual death, were
caused wholly and/or in part by the reckless, careless, and negligent acts, omissions, and/or conduct
of the defendants herein, and/or by one or more of them, and the defendants' negligent redesign,
remanufacture, and reassembly greatly aggravated plaintiffs decedent's injuries and hastened her
death, without any fault of the part of the plaintiffs decedent.
117. That as a result of the negligence of the defendants as aforesaid, decedent
suffered conscious pain and suffering and death.
118. That as a result of the aforesaid negligence of the defendants, plaintiff demands
damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the
State of New York which would otherwise have jurisdiction over this action.
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Preview
FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------J{ ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Administratrix of the Estate of BRITTNEY M. SCHULMAN, deceased; OLGA LIPETS; MINDY Index No. 611214/15 GRABINA, as Administratrix of the Estate of AMY 609082/15 GRAB INA, and MINDY GRAB INA, Individually; 600055/16 STEVEN BARUCH, as Administrator of the Estate of 603536/16 LAUREN BARUCH, deceased and STEVEN BARUCH, 003364/16 Individually; JOELLE DIMONTE; and MELISSA A. 607598/16 CRAI, 001831/16 Plaintiffs, AMENDED VERIFIED COMPLAINT -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/bla ROYALE LIMOUSINE and "J{YZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors, andlor sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants .. ----------------------------------------------------------------------J{ Plaintiff, STEVEN BARUCH, as Administrator of the Estate of LAUREN BARUCH, deceased, and STEVEN BARUCH, individually, by his attorneys, Sullivan Papain Block McGrath & Cannavo P.C., complaining ofthe defendants herein, respectfully shows to this Court, and alleges as follows: GENERAL ALLEGATIONS 1. That on September 16, 2015, plaintiff STEVEN BARUCH was duly appointed Administrator of the Estate of LAUREN BARUCH, deceased (hereinafter "decedent"), pursuant to a decree issued by the Surrogate's Court of Suffollc County, and he continues to act in such capacity. 1 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 2. That at all times hereinafter mentioned, defendant ULTIMATE CLASS LIMOUSINE INC. was and still is a domestic business corporation duly authorized, existing under and by virtue of the laws of the State of New York. 3. That defendant ULTIMATE CLASS LIMOUSINE INC. maintains a business address of 12B Commercial Street, Hicksville, New York 11801. 4. That at all times hereinafter mentioned, defendant CARLOS PINO was and still is residing at 721 Old Bethpage Road, Old Bethpage, New York 11804. 5. That at all times hereinafter mentioned, defendant ROMEO DIMON MARINE SERVICE, INC. was and still is a domestic business corporation duly authorized, existing under and by virtue of the laws of the State of New York. 6. That defendant ROMEO DIMON MARINE SERVICE, INC. maintains a business address of 700 Hummel Avenue, Southold, New York 11971. 7. That at all times hereinafter mentioned, defendant STEVEN ROMEO maintains a business address of700 Hummel Avenue, Southold, New York 11971. 8. That at all times hereinafter mentioned, defendant TOWN OF SOUTHOLD was and still is a municipal corporation or other municipal entity duly authorized, existing, and operating under and by virtue of the laws ofthe State of New York. 9. That at all times hereinafter mentioned, defendant COUNTY OF SUFFOLK was and still is a municipal corporation or other municipal entity duly authorized, existing, and operating under and by virtue ofthe laws of the State of New York. 10. That at all times hereinafter mentioned, defendant CABOT COACH BUILDERS INC. d/b/a ROYALE LIMOUSINE, was and still is a foreign business corporation duly authorized, existing under, and by virtue of the laws of the State of Massachusetts, duly 2 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 authorized to do business and engaged in the transaction thereof in the State of New York. The defendant, CABOT COACH BUILDERS INC. d/b/a ROYALE LIMOUSINE, has designated the Secretary of State ofthe State of New York as its agent for service of process. 11. That at all times hereinafter mentioned, defendants "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 (hereinafter "XYZ Companies 1-5"), were and still are corporations or other business entities duly authorized and transacting business under and by virtue ofthe laws of the State of New York. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS: ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., AND STEVEN ROMEO 12. That plaintiff repeats and reiterates each and every previous allegation as if set forth more fully at length herein. 13. That at all times hereinafter mentioned, defendant ULTIMATE CLASS LIMOUSINE INC., was the owner of a Lincoln Limousine bearing New York State registration number NI02124C (hereinafter "Lincoln Limousine"). 14. That at all times hereinafter mentioned, defendant CARLOS PINO was operating the Lincoln Limousine with the permission and the consent, express or implied, of its owner, defendant ULTIMATE CLASS LIMOUSINE INC. 15. That at all times hereinafter mentioned, defendant CARLOS PINO was an agent, servant and/or employee, of defendant ULTIMATE CLASS LIMOUSINE INC. 16. That at all times hereinafter mentioned, defendant CARLOS PINO was operating the Lincoln Limousine in the course of his employment with defendant ULTIMATE CLASS LIMOUSINE INC. 3 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 17. That at all times hereinafter mentioned, defendant CARLOS PINO was operating the Lincoln Limousine as an agent of defendant ULTIMATE CLASS LIMOUSINE INC. 18. That at all times hereinafter mentioned, defendant CARLOS PINO was operating the Lincoln Limousine as a servant of defendant ULTIMATE CLASS LIMOUSINE INC. 19. That on July 18, 2015, decedent was a lawful passenger in the Lincoln Limousine, which was then and there being operated by defendant CARLOS PINO. 20. That at all times hereinafter mentioned, defendant ROMEO DIMON MARINE SERVICE, INC. was the owner of a motor vehicle bearing New York State registration number EFC3050 (hereinafter "Romeo Vehicle"). 21. That at all times hereinafter mentioned, defendant STEVEN ROMEO was operating the Romeo Vehicle with the permission and consent, express or implied, of its owner, defendant ROMEO DIMON MARINE SERVICE, INC. 22. That at all times hereinafter mentioned, defendant STEVEN ROMEO was operating the Romeo Vehicle in the course of his employment with defendant ROMEO DIMON MARINE SERVICE, INC. 23. That at all times hereinafter mentioned, defendant STEVEN ROMEO was operating the Romeo Vehicle as an agent of defendant ROMEO DIMON MARINE SERVICE, INC. 24. That at all times hereinafter mentioned, defendant STEVEN ROMEO was operating the Romeo Vehicle as a servant of defendant ROMEO DIMON MARINE SERVICE, INC. 25. That on July 18, 2015, on a public highway known as Middle Road (County Road 48) at its intersection with Depot Lane, located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York, the defendants, ULTIMATE CLASS 4 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., and STEVEN ROMEO, were negligent, careless, and reckless in the ownership, maintenance, management, operation, and control of their motor vehicles so as to cause them to collide with each other. 26. That on July 18, 2015, defendant STEVEN ROMEO ingested alcoholic beverages. 27. That by reason of the aforesaid consumption of said alcoholic beverages, defendant STEVEN ROMEO became intoxicated. 28. That by reason of the aforesaid consumption of said alcoholic beverages, defendant STEVEN ROMEO became impaired. 29. That on July 18, 2015, defendant STEVEN ROMEO was operating the Romeo Vehicle at the aforementioned location while intoxicated. 30. That on July 18, 2015, defendant STEVEN ROMEO was operating the Romeo Vehicle at the aforementioned location while impaired. 31. That as a result of the aforesaid negligence and carelessness of the defendants, ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., and STEVEN ROMEO, decedent sustained and suffered serious and severe personal injuries, conscious pain and suffering, and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 32. That this action falls within the exception set forth in Civil Practice Law and Rules, Section 1602 (6) and (7). 5 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 33. That as a result of the negligence of the defendants as aforesaid, decedent suffered conscious pain and suffering and death. 34. That as a result of the aforesaid negligence of the defendants, decedent's estate has been damaged in a sum of money which exceeds the jurisdictional limits of all lower courts of the State of New York which would otherwise have jurisdiction over this action. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT ULTIMATE CLASS LIMOUSINCE INC. 35. That plaintiff repeats and reiterates each and every previous allegation as if set forth more fully at length herein. 36. That defendant ULTIMATE CLASS LIMOUSINE INC., having ownership and control over the Lincoln Limousine being operated by defendant CARLOS PINO, negligently entrusted it to defendant CARLOS PINO, who defendant ULTIMATE CLASS LIMOUSINE INC., knew, or in the exercise of ordinary care should have known, was incompetent to operate said motor vehicle. 37. That defendant ULTIMATE CLASS LIMOUSINE INC., failed to investigate the driving record of defendant CARLOS PINO before allowing him to operate the Lincoln Limousine which was owned and controlled by defendant ULTIMATE CLASS LIMOUSINE INC. 38. That defendant ULTIMATE CLASS LIMOUSINE INC. allowed the Lincoln Limousine that it owned and controlled, to be operated by an incompetent, negligent, and dangerous driver who defendant ULTIMATE CLASS LIMOUSINE INC., knew or should have lmown by the use of ordinary care, was incompetent to properly and safely operate said motor vehicle. 6 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 39. That defendant ULTIMATE CLASS LIMOUSINE INC., failed to supervise and review the driving record of defendant CARLOS PINO. 40. That defendant ULTIMATE CLASS LIMOUSINE INC., failed to supervise and review the ability of defendant CARLOS PINO to operate a limousine motor vehicle. 41. That defendant ULTIMATE CLASS LIMOUSINE INC., violated Section 388 of the New York State Vehicle and Traffic Law, amongst other sections. 42. That defendant ULTIMATE CLASS LIMOUSINE INC., negligently entrusted the Lincoln Limousine to defendant CARLOS PINO. 43. That by reason of the aforesaid negligent entrustment, decedent was personally injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 44. That as a result of the aforesaid negligence of defendant ULTIMATE CLASS LIMOUSINE INC., plaintiff demands judgment in a sum of money which exceeds the jurisdictional limits of all lower courts of the State of New York which would otherwise have jurisdiction over this action. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT ROMEO DIMON MARINE SERVICE, INC. 45. That plaintiff repeats and reiterates each and every previous allegation as if set forth more fully at length herein. 46. That defendant ROMEO DIMON MARINE SERVICE, INC., having ownership and control over the Romeo Vehicle which was operated by defendant STEVEN ROMEO, negligently entrusted said motor vehicle to defendant STEVEN ROMEO, who defendant 7 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 ROMEO DIMON MARINE SERVICE, INC., knew, or in the exercise of ordinary care should have known, was incompetent to operate same. 47. That defendant ROMEO DIMON MARINE SERVICE, INC., failed to investigate the driving record of defendant STEVEN ROMEO before allowing him to operate the Romeo Vehicle which was owned and controlled by defendant ROMEO DIMON MARINE SERVICE, INC. 48. That defendant ROMEO DIMON MARINE SERVICE, INC., allowed the Romeo Vehicle that it owned and controlled to be operated by an incompetent, negligent, and dangerous driver who defendant ROMEO DIMON MARINE SERVICE, INC., knew or should have known by the use of ordinary care, was incompetent to properly operate said motor vehicle. 49. That defendant ROMEO DIMON MARINE SERVICE, INC., failed to supervise and review the driving record of defendant STEVEN ROMEO. 50. That defendant ROMEO DIMON MARINE SERVICE, INC., failed to supervise and review the ability of defendant STEVEN ROMEO to operate the Romeo Vehicle owned by defendant ROMEO DIMON MARINE SERVICE, INC. 51. That defendant ROMEO DIMON MARINE SERVICE, INC., violated Section 388 of the New York State Vehicle and Traffic Law, amongst other sections oflaw. 52. That defendant ROMEO DIMON MARINE SERVICE, INC., negligently entrusted the Romeo Vehicle to defendant STEVEN ROMEO. 53. That by reason of the aforesaid negligent entrustment, decedent was personally injured and suffered serious injuries and death as defined in subsection (d) of Section 5102 of 8 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 54. That as a result of the aforesaid negligence of defendant ROMEO DIMON MARINE SERVICE, INC., plaintiff demands damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the State of New York which would otherwise have jurisdiction over this action. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT TOWN OF SOUTHOLD 55. That plaintiff repeats and reiterates each and every previous allegation as if set forth more fully at length herein. 56. That at all times hereinafter mentioned defendant TOWN OF SOUTHOLD either owned, leased, maintained, and/or otherwise controlled a public highway known as Middle Road (County Road 48) at its intersection with Depot Lane, located in Cutchogue, Town of Southold, County of Suffolk, State of New York. 57. That the aforesaid serious personal injuries and death sustained by decedent were caused and contributed to, in part, by defendant TOWN OF SOUTHOLD, when the Lincoln Limousine owned by defendant ULTIMATE CLASS LIMOUSINE INC., and operated by defendant CARLOS PINO, made a U-turn on Middle Road (County Road 48) at its intersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, and collided with the Romeo Vehicle owned by defendant ROMEO DIMON MARINE SERVICE, INC., and negligently operated by defendant STEVEN ROMEO, at a high rate of speed. 58. That at all times prior to the aforesaid collision, defendant TOWN OF SOUTHOLD was on notice that the intersection of Middle Road (County Road 48) with Depot 9 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and dangerous to persons and vehicles driving on these roadways. 59. That at all times prior to the aforesaid collision, defendant TOWN OF SOUTHOLD was on notice that there were a number of prior incidents and collisions at the intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. 60. That at all times prior to the aforesaid collision, defendant TOWN OF SOUTHOLD was aware of the dangerous and hazardous conditions of the aforesaid roadway, including, but not limited to, dangerous U-turns, and failed to take any action to rectify the said dangerous and hazardous conditions of the aforesaid intersection and to make the intersection safe for those members of the public who used the roadway. 61. That the aforesaid collision was caused and contributed to, in part, by defendant TOWN OF SOUTHOLD's negligence in failing to properly design, construct, and/or maintain the aforesaid roadway, in failing to install the proper traffic control devices, including but not limited to, traffic lights and proper traffic warning signage and devices; and in failing to prohibit U-turns in the subject area. 62. That as a result of the aforesaid negligence and carelessness of defendants and defendant TOWN OF SOUTHOLD, contributing thereto, decedent suffered serious and severe personal injuries, conscious pain and suffering and death, and sustained serious personal injuries as defined in subsection (d) of Section 5102 of the Insurance Law of the State of N ew York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 ofthe Insurance Law of the State of New York. 63. That this action falls within the exception set forth in Civil Practice Law and Rules, Section 1602 (6) and (7). 10 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 64. That as a result of the negligence of defendant as aforesaid, decedent suffered conscious pain and suffering and death. 6S. That on or about August 12, 201S, within ninety (90) days after the claim alleged herein arose, a written Notice of Claim was served upon defendant TOWN OF SOUTHOLD pursuant to Section SO-e of the General Municipal Law. 66. That more than thirty (30) days have elapsed since the date of the service of said Notice of Claim and defendant TOWN OF SOUTHOLD has neglected and refused to make payment of the aforesaid claim. 67. That a Demand for Oral Examination pursuant to General Municipal Law § SO-h was served upon plaintiff demanding that said examination be held on December 2, 201S. 68. That said Oral Examination pursuant to General Municipal Law § SO-h was held on December 2, 201S. 69. That this matter has been commenced within one (1) year and ninety (90) days after the accrual of the cause of action herein set forth in compliance with General Municipal Law §SO-i. 70. That as a result of the aforesaid negligence of the defendants, plaintiff demands damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the State of New York which would otherwise have jurisdiction over this action. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANT COUNTY OF SUFFOLK 71. That plaintiff repeats and reiterates each and every previous allegation as if set forth more fully at length herein. 11 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 72. That at all times hereinafter mentioned, defendant COUNTY OF SUFFOLK either constructed, owned, leased, maintained, and/or otherwise controlled a public highway lmown as Middle Road (County Road 48) at its intersection with Depot Lane, located in Cutchogue, Town of Southold, County of Suffolk, State of New Yorlc. 73. That the aforesaid serious personal injuries and death sustained by decedent were caused and contributed to, in part, by defendant COUNTY OF SUFFOLK, when the Lincoln Limousine owned by defendant ULTIMATE CLASS LIMOUSINE INC., and operated by defendant CARLOS PINO, made a U-turn on Middle Road (County Road 48) at its intersection with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New Y orle, and collided with the Romeo Vehicle owned by defendant ROMEO DIMON MARINE SERVICE, INC., and negligently operated by defendant STEVEN ROMEO, at a high rate of speed. 74. That at all times prior to the C\.foresaid collision, defendant COUNTY OF SUFFOLK was on notice that the intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York, was hazardous and dangerous to persons and vehicles driving on these roadways. 75. That at all times prior to the aforesaid collision, defendant COUNTY OF SUFFOLK was on notice that there were a number of prior incidents and collisions at the intersection of Middle Road (County Road 48) with Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. 76. That at all times prior to the aforesaid collision, defendant COUNTY OF SUFFOLK was aware of the dangerous and hazardous conditions of the aforesaid roadway, including, but not limited to, dangerous U-turns, and failed to take any action to rectify the said dangerous and hazardous conditions of the aforesaid intersection and to make the intersection safe for those members of the public who used the roadway. 12 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 77. That the aforesaid collision was caused and contributed to, in part, by defendant COUNTY OF SUFFOLK's negligence in failing to properly design, construct, and/or maintain the aforesaid roadway, in failing to install the proper traffic control devices, including but not limited to, traffic lights and proper traffic warning signage and devices; and in failing to prohibit U-turns in the subject area. 78. That as a result of the aforesaid negligence and carelessness of defendants and defendant COUNTY OF SUFFOLK, contributing thereto, decedent suffered serious and severe personal injuries, conscious pain and suffering and death, and sustained serious personal injuries as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in subsection (a) of Section 5102 of the Insurance Law of the State of New York. 79. That this action falls within the exception set forth in Civil Practice Law and Rules, Section 1602 (6) and (7). 80. That as a result of the aforesaid negligence of defendant, decedent suffered conscious pain and suffering and death. 81. That on or about August 12,2015, within ninety (90) days after the claim alleged herein arose, a written Notice of Claim was served upon defendant COUNTY OF SUFFOLK pursuant to Section 50-e of the General Municipal Law. 82. That more than thirty (30) days have elapsed since the date of the service of said Notice of Claim and defendant COUNTY OF SUFFOLK has neglected and refused to make payment of the aforesaid claim. 83. That a Demand for Oral Examination pursuant to General Municipal Law § 50-h was served upon plaintiff demanding that said examination be held on December 2,2015. 13 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 84. That said Oral Examination pursuant to General Municipal Law § SO-h was held on December 2, 201S. 8S. That this matter has been commenced within one (1) year and ninety (90) days after the accrual of the cause of action herein set forth in compliance with General Municipal Law §SO-i. 86. That as a result of the aforesaid negligence of the defendants, plaintiff demands damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the State of New York which would otherwise have jurisdiction over this action. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANTS CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, ULTIMATE CALSS LIMOUSINE, INC., AND "XYZ COMPANIES 1-5" 87. That plaintiff repeats and reiterates each and every previous allegation as if set forth more fully at length herein. 88. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES I-S", were and still are foreign corporations or other business entities authorized to transact and do business under and by virtue of the laws of the State of New York, and at all times herein were transacting and doing business within the State of New York. 89. That at all relevant times, defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES I-S", were and still are eng~ged in the business of designing, developing, reconstructing, manufacturing, reassembling, reequipping, testing, inspecting, examining, servicing, repairing, maintaining, advertising, selling, transporting, and distributing limousines, including the limousine of the type that caused plaintiffs decedent's injuries as herein mentioned. 14 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 90. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", in the normal and regular course and conduct of their business designed, developed, reconstructed, remanufactured, fabricated, reequipped, reassembled, tested, inspected, examined andlor serviced, repaired, maintained, andlor advertised, sold, and distributed a 2007 Lincoln Town Car stretch limousine, bearing vehicle identification number ILIFM88W87Y616205. 91. That at all times hereinafter mentioned, the aforesaid Lincoln Limousine was eventually sold to, and operated by the defendant, ULTIMATE CLASS LIMOUSINE, INC., and being used, operated, and driven by defendant CARLOS PINO on July 18, 2015. 92. That at all times hereinafter mentioned, this Lincoln Limousine which was redesigned, developed, reconstructed, remanufactured, refabricated, reequipped, reassembled, tested, inspected, examined, andlor serviced, repaired, maintained, and was advertised, sold, and delivered by defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", into the State of New York. 93. That CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", sold and delivered other similar models of stretch limousines in a regular and continuous chain of business in the State of New York to be sold at retail in the State of New York. 94. That it was the purpose and intent of the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", to sell the Lincoln Limousine referred to above, so redesigned, remanufactured, and reassembled, to the consuming public with knowledge that the ultimate purchaser, its agent, servants, and employees, would use the stretch limousine for the purpose of transportation of passengers. 15 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 95. That the subject vehicle and its component parts were redesigned, developed, remanufactured, reconstructed, reassembled, reequipped, andlor tested, inspected, examined, serviced, maintained, andlor replaced andlor advertised, transported, distributed, andlor sold, furnished, andlor supplied, for the purpose of, and were intended to be used for and operated upon public andlor private highways. 96. That the aforesaid Lincoln Limousine was redeveloped, remanufactured, reconstructed, reassembled, reequipped, andlor tested, inspected, examined, serviced, maintained, andlor placed andlor advertised, transported, distributed, andlor sold, furnished, andlor supplied by the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", for the purpose of sale or resale to any corporation, firm, wholesaler, distributor, retailer, person or entity who might buy the vehicle, new or used, with the intent of using the vehicle for operation upon public or private highways. 97. That at all relevant times, defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", had a duty to sufficiently redevelop, remanufacture, reconstruct, reassemble, reequip andlor test, inspect, examine, service, maintain, andlor replace andlor advertise, andlor instruct, warn, andlor inform with respect to the subject vehicle and its component parts, so that the Lincoln Limousine would be safe, fit, suitable, and roadworthy for the ordinary and intended purposes of its use. 98. That at all times hereinafter mentioned, the defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIE~ 1-5", placed into the stream of commerce, sold, and delivered the Lincoln Limousine to the defendant, ULTIMATE CLASS LIMOUSINE, INC. 99. That at all times hereinafter mentioned, defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", placed into the stream of 16 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 commerce, sold, and delivered the Lincoln Limousine with knowledge that the defendant, ULTIMATE CLASS LIMOUSINE, INC., would use the stretch limousine for the purpose of transporting customers of the defendant, ULTIMATE CLASS LIMOUSINE, INC. 100. That at all times hereinafter, prior to the use and operation of the subject Lincoln Limousine on or about July 18, 2015, defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., had on more than one occasion undertaken to inspect, examine, service, repair, maintain, and/or test the subject vehicle and replace parts in it. 101. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., were under a duty to sufficiently test, inspect, examine, service, maintain, and/or replace and/or advertise, and/or instruct, warn, and/or inform with respect to the subject vehicle and its component parts, so that the aforesaid stretch limousine would be safe, fit, suitable, and roadworthy for the ordinary and intended purposes of its use. 102. That at all times hereinafter mentioned, on each occasion, the defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., inspected, examined, serviced, repaired, maintained and/or tested the subject vehicle, the defendants certified, warranted and/or represented, expressly and/or impliedly, that the subject Lincoln Limousine was then fit, safe, and suitable for operation with the knowledge that the vehicle would be used and operated to transport persons upon public roadways and highways by employees ofthe defendant, ULTIMATE CLASS LIMOUSINE, INC. 103. That as hereinbefore mentioned, on or about July 18, 2015, the Lincoln Limousine was being used and operated within the reasonable contemplation of the defendants 17 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 104. That on or about July 18, 2015, plaintiffs decedent LAUREN BARUCH, was a lawful passenger seated and belted in the Lincoln Limousine driven by the defendant, CARLOS PINO. 105. That at all relevant times herein mentioned, defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5", knew or should have known, with the exercise of reasonable diligence, that plaintiffs decedent, LAUREN BARUCH, and other individuals would be lawful passengers in the aforesaid Lincoln Limousine. 106. That at all relevant times, the lawful occupancy of the subject vehicle by the plaintiffs decedent, LAUREN BARUCH, and other passengers in the Lincoln Limousine was reasonably foreseeable by and to the defendants. 107. That at all relevant times, the subject vehicle was being used for the purposes and in the manner for which it was intended, redesigned, developed, remanufactured, reequipped, reassembled, reconstructed, tested, inspected, serviced, maintained, repaired, advertised, sold, and distributed. 108. That as hereinbefore stated, on July 18, 2015, on a public highway known as Middle Road (County Road 48) at its intersection with Depot Lane, located in the Hamlet of Cutchogue, Town of Southold, County of Suffollc, State of New York, the subject Lincoln Limousine, in which the plaintiffs decedent, LAUREN BARUCH, and other passengers lawfully occupied, was struck broadside by the 2005 Dodge motor vehicle bearing New York State plate registration number EFC3050, which was driven and operated by defendant, STEVEN ROMEO, with the permission and consent of its owner, defendant ROMEO DIMON MARINE SERVICE, INC. 109. That as a result of the impact, the structural integrity of the Lincoln Limousine failed suddenly and without warning due to design andlor manufacturing defects and the overall 18 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 negligent reconstruction of the Lincoln Limousine by defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC. 110. That at the abovementioned time and place, the Lincoln Limousine was in such a defective, inherently, and unreasonably dangerous condition by reason of the reckless, careless, and negligent acts and omission of the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., that the limousine's structural integrity failed and the vehicle unreasonably crumpled resulting in the plaintiffs decedent's severe permanent and painful personal injuries and eventual death. 111. That due to the defendants' reckless, willful, careless, and negligent acts and omissions, the Lincoln Limousine contained latent defects of which defendants knew and of which the defendants failed to warn. 112. That due to the aforesaid negligence of the defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., the defendants knew, or in the exercise of reasonable care and diligence should have known, that the defective conditions within the Lincoln Limousine could not and would not be inspected and discovered by the plaintiff and plaintiffs decedent at any time that the plaintiffs decedent was a passenger in the said vehicle. 113. That defendants' CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC.'s negligence consisted, among other things of the follow: (a) Selling and permitting to be sold the subject Lincoln Limousine with a defective and inadequate "anti-intrusion" beam which was improperly 19 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 and negligently welded, mounted, and installed by the defendants resulting in its malfunction at the time of the July 18, 2015, deadly motor vehicle collision; (b) Failing to use care in the remanufacture of the Lincoln Limousine; (c) Improperly reassembling the Lincoln Limousine; (d) Using defective parts in the remanufacture of the Lincoln Limousine; (e) Failing to conduct proper tests on the Lincoln Limousine before placing it on the market for sale to the general public; (f) Failing to properly inspect the Lincoln Limousine before placing it on the market for sale to the general public; (g) Permitting the Lincoln Limousine to be sold with a defective "anti- intrusion" system and mechanism when defendants lmew that an automobile with a defective "anti-intrusion" system constituted an unsafe and dangerous instrumentality on the public highways; (h) Improperly constructing and installing the "anti-intrusion" system and mechanism; (i) Failing to inspect and discover the malfunctioning "anti-intrusion" system and mechanism; (j) Providing, equipping, and supplying the above vehicle with an improper, defective "anti-intrusion" system and mechanism; (k) Failing to use care in the design of the Lincoln Limousine; and (1) Failing to use care in the design of the "anti-intrusion" system and mechanism of the Lincoln Limousine. 20 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/24/2017 114. That as one of the results of the reckless, careless, and/or negligent acts, omissions, and/or conduct of the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., and/or by one or more of them, the Lincoln Limousine contained latent defects and/or dangers of which the defendants, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., or one or more of them, knew or foresaw or should have known or foreseen, and of which they, or one or more ofthem, failed to warn ofthe said defects. 115. That defendants CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, "XYZ COMPANIES 1-5", and ULTIMATE CLASS LIMOUSINE, INC., knew or should have lmown that the defects and latent dangers contained in the Lincoln Limousine would not and could not, in the exercise of reasonable care, have been discovered by the plaintiffs decedent nor could have the plaintiff s decedent perceived the danger incident to the negligent design and/or manufacture of the subject vehicle. 116. That plaintiffs decedent's severe injuries, damages, and eventual death, were caused wholly and/or in part by the reckless, careless, and negligent acts, omissions, and/or conduct of the defendants herein, and/or by one or more of them, and the defendants' negligent redesign, remanufacture, and reassembly greatly aggravated plaintiffs decedent's injuries and hastened her death, without any fault of the part of the plaintiffs decedent. 117. That as a result of the negligence of the defendants as aforesaid, decedent suffered conscious pain and suffering and death. 118. That as a result of the aforesaid negligence of the defendants, plaintiff demands damages in a sum of money which exceeds the jurisdictional limits of all lower courts of the State of New York which would otherwise have jurisdiction over this action. 21 of 28 FILED: SUFFOLK COUNTY CLERK 04/24/2017 02:15 PM INDEX N