Preview
FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019
SUPREME COURT OF TH.E STATE OF NEW YORK
COUNTY OF SUFFOLK
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ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. Index No. 611214/15
SCHULMAN, DECEASED; OLGA LIPETS; MINDY
GRABINA, AS ADMINISTRATRIX OF THE ESTATE RESPONSE TO
OF AMY GRABINA, AND MINDY GRABINA, SUPPLEMENTAL
INDIVIDUALLY; STEVEN BARUCH, AS DEMAND TO
ADMINISTRATOR OF THE ESTATE OF LAUREN PRODUCE
BARUCH, DECEASED, AND STEVEN BARUCH
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A.
CRAI; ARTHUR A. BELLI JR., AS PARENT AND
NATURAL GUARDIAN OF STEPHANIE BELLI,
DECEASED, AND A.S THE ADMINISTRATOR OF THE
ESTATE OF STEPHANIE BELLI,
Plaintiffs,
- against -
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN D.
ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a
1-5"
ROYALE LIMOUSINE and "XYZ COMPANIES
name being fictitious but intended to be the remanufacturers,
distributors and/or sellers of the 2007 Lincoln Town Car
stretch limousine involved in the collision,
Defendants.
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S I R S:
PLEASE TAKE NOTICE, that defendant, TOWN OF SOUTHOLD, by their attorneys
LAW OFFICES OF THOMAS M. VOLZ, PLLC, in response to plaintiff Crai's, Supplemental
Demand to Produce, dated July 11, 2019, state as follows upon information and belief
L Southold Town Transportation Commission minutes of the monthly meeting from 1998
through present in reference to Vineyard 48 and the intersection of CR 48 and Depot Lane.
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NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019
RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly
burdensome and neither material nor necessary to the prosecution of this matter, thus the demand
is patently improper. Notwithstanding the objection, enclosed please find responsive documents
bate stamped numbered TSOU000720 through TSOU000758. Defendants reserve the right to
supplement this response if and when any additional information or documentation is discovered.
2. Southold Town Board minutes for the work sessions from 1998 through present in
reference to Vineyard 48, and the intersection of CR 48 and Depot Lane.
RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly
burdensome and neither material nor necessary to the prosecution of this matter, thus the demand
is patently improper. Notwithstanding the objection, all Town Board meeting minutes are publicly
available and retrievable from the Town's website at http://southoldtownny.gov/. In the interest of
judicial economy the responding defendants will not provide hard copies of each board meeting
where Vineyard 48 was refenced but direct allparties to the Town website and the following board
meeting minutes: 7/5/2011; 6/5/2012; 10/9/2012; 10/23/2012; 11/7/2012; 11/20/2012; 1/29/2013;
6/4/2013; 6/I8/2013; 7/2/2013; 8/13/2013; 12/17/2013; 1/23/2014; 5/20/2014; 6/17/2014;
7/1/2014; 9/23/2014; 10/21/2014; 12/2/2014; 12/6/2014; 3/24/2015; 4/21/2015; 1/5/2016;
3/22/2016; 5/31/2016; 6/4/2016; 7/26/2016; 8/23/2016;9/6/2016; 9/20/2016; 12/6/2016; 4/1/2017;
5/23/2017; 6/20/2017; 7/5/2017;9/26/2017; 10/10/2017; 11/8/2017; 12/5/2017; and 10/19/2018.
Defendants reserve the right to supplement this response if and when any additional information
or documentation is discovered.
3. Town of Southold Police Department entire file regarding the accident on July 18, 2015
including but not limited to, all documents pertaining to the accident and prosecution of
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FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019
Steven D. Romeo (DOB: 7/7/60) and Carols Pino (DOB: 7/10/57), and a copy of the dash
cam video from all police vehicles at the scene of the accident.
RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly
burdensome and neither material nor necessary to the prosecution of this matter, thus the demand
is patently improper. The contents of the police file have been disclosed by the responding
defendants in its omnibus responses, dated November 7, 2017. In addition, please see the enclosed
documents bates stamped numbered TSOU000759 through TSOU000831 which were also part of
the police department's file. Lastly, dash cam footage will be provided upon receipt of an 168GB
flash drive. Defendants reserve the right to supplement this response if and when any additional
information or documentation is discovered.
4. All communications, emails, text messages, memos, documents between the Town of
Southold Engineer Jamie Richter and/or any representative, employee, and/or any agent of
the County of Suffolk.
RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly
burdensome and neither material nor necessary to the prosecution of this matter, thus the demand
is patently improper. Particularly, this demand does is unspecified in date range and does not even
reference the subject matter of the documents which are being requested. Presumably the demand
calls for the production of every text message, emails, memo or document exchanged between Mr.
Richter and the County of Suffolk for any subject, ever. Such is patently overbroad and improper.
5. Any and alltraffic and traffic control device studies, engineering and site plans regarding
the premises known and designated as 18910 County Rd 48 #48, Cutchogue, NY 11935,
48"
Town of Southol d Tax Map No. 890.9600.04000.04003 and also known as "Vineyard
from the following departments within the Town of Southold: Building Department, Code
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NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019
Enforcement, Commimity Development, Engineering Department, Highway Department,
Planning Department, Public Works, Zoning Board of Appeals, Town Attorney, Town
Clerk, Town Trustees, Town Supervisor and the Town Board.
RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly
burdensome, unduly vague and neither material nor necessary to the prosecution of this matter,
thus the demand is patently improper. Notwithstanding the objection, the responding defendants
are not in possession of any responsive documents. Defendants reserve the right to supplement
this response ifand when any additional information or documentation is discovered.
Dated: Nesconset, New York
October 7, 2019
Yours, etc.,
LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant
TOWN OF SOUTHOLD
280 Smithtown Boulevard
Nesconset, New York 11767
(631) 366-2700
By: ÓY
OSHUA/S. SHTEIERMAN
TO: JOSEPH J TOCK
Attorneys for Plaintiff
MELISSA A, CRAI
963 Route 6
M.ahopac, New York 10541
(845) 628-8080
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEVEN D. ROMEO
One CA Plaza, Suite 225
Islandia, New York 11749
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NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019
Attn: Rebecca K. Devlin, Esq.
(Your File No.: 0114.1460.003C)
CASCONE & KLUEPFEL LLP
Attn: David G. Kluepfel, Esq.
Attorneys for Defendant
ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(Your File No.: 04128DVM)
LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant
COUNTY OF SUFFOLK
Tower Square- 1045 Oyster Suite 1
Bay Road,
East Norwich, New York 11732
(Your File No.: 907-4577)
BONGIORNO, MONTIGLO & PALMIERI, PLLC
Attorneys for Defendants
ULTIMATE CLASS LIMOUSINE and CARLOS PINO
200 Old Country Road, Suite 680
Mineola, New York 11501
(516) 620-4490
(Your File No.: IBM 068515 NJP)
LAW OFFICE OF ANDREA G. SAWYERS
Attn: Steven A. Steigerwald, Esq.
Attorneys for Defendant
CA.BOT COACH BUILDERS, INC d/b/a
ROYALE LIMOUSINE
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
(Your File No.: 2017024539SAS)
JOHN L JULIANO, P.C.
Attorney for Plaintiff
ESTATE OF SHULMAN
39 Doyle Court
East Northport, New York 11731
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
ALICIA M. ARUNDEL
1415 Kellum Place, Suite 205
Garden City, New York 11530
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NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019
SULLIVAN, PAPAIN, BLOCK,
McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff
ESTATE OF BARUCH
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
PEGALIS & ERICKSON, LLC
Attorneys for Plaintiff
JOELLE DIMONTE
One Hollow Lane, Suite 107
Lake Success, New York 11042
FRANK J. LAINE, P.C.
Attorneys for Plaintiff
ESTATE OF GRABINA
449 South Oyster Bay Road
Plainview, New York 11803
PARIS & CHAIKIN, PLLC
Attorney for Plaintiff
OLGA LIPETS
14 Penn Plaza, Suite 2202
New York, New York 10122
BLOCK O'TOOLE & MURPHY, ESQS.
Attorneys for Plaintiff
ESTATE OF BELLI
One Penn Plaza, Suite 5315
New York, New York 10019
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Preview
FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019 SUPREME COURT OF TH.E STATE OF NEW YORK COUNTY OF SUFFOLK ------------------ ------------------------------- X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. Index No. 611214/15 SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE RESPONSE TO OF AMY GRABINA, AND MINDY GRABINA, SUPPLEMENTAL INDIVIDUALLY; STEVEN BARUCH, AS DEMAND TO ADMINISTRATOR OF THE ESTATE OF LAUREN PRODUCE BARUCH, DECEASED, AND STEVEN BARUCH INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI; ARTHUR A. BELLI JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND A.S THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, Plaintiffs, - against - ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN D. ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a 1-5" ROYALE LIMOUSINE and "XYZ COMPANIES name being fictitious but intended to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. ------ -----------------------------X S I R S: PLEASE TAKE NOTICE, that defendant, TOWN OF SOUTHOLD, by their attorneys LAW OFFICES OF THOMAS M. VOLZ, PLLC, in response to plaintiff Crai's, Supplemental Demand to Produce, dated July 11, 2019, state as follows upon information and belief L Southold Town Transportation Commission minutes of the monthly meeting from 1998 through present in reference to Vineyard 48 and the intersection of CR 48 and Depot Lane. 1 of 6 FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019 RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly burdensome and neither material nor necessary to the prosecution of this matter, thus the demand is patently improper. Notwithstanding the objection, enclosed please find responsive documents bate stamped numbered TSOU000720 through TSOU000758. Defendants reserve the right to supplement this response if and when any additional information or documentation is discovered. 2. Southold Town Board minutes for the work sessions from 1998 through present in reference to Vineyard 48, and the intersection of CR 48 and Depot Lane. RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly burdensome and neither material nor necessary to the prosecution of this matter, thus the demand is patently improper. Notwithstanding the objection, all Town Board meeting minutes are publicly available and retrievable from the Town's website at http://southoldtownny.gov/. In the interest of judicial economy the responding defendants will not provide hard copies of each board meeting where Vineyard 48 was refenced but direct allparties to the Town website and the following board meeting minutes: 7/5/2011; 6/5/2012; 10/9/2012; 10/23/2012; 11/7/2012; 11/20/2012; 1/29/2013; 6/4/2013; 6/I8/2013; 7/2/2013; 8/13/2013; 12/17/2013; 1/23/2014; 5/20/2014; 6/17/2014; 7/1/2014; 9/23/2014; 10/21/2014; 12/2/2014; 12/6/2014; 3/24/2015; 4/21/2015; 1/5/2016; 3/22/2016; 5/31/2016; 6/4/2016; 7/26/2016; 8/23/2016;9/6/2016; 9/20/2016; 12/6/2016; 4/1/2017; 5/23/2017; 6/20/2017; 7/5/2017;9/26/2017; 10/10/2017; 11/8/2017; 12/5/2017; and 10/19/2018. Defendants reserve the right to supplement this response if and when any additional information or documentation is discovered. 3. Town of Southold Police Department entire file regarding the accident on July 18, 2015 including but not limited to, all documents pertaining to the accident and prosecution of 2 2 of 6 FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019 Steven D. Romeo (DOB: 7/7/60) and Carols Pino (DOB: 7/10/57), and a copy of the dash cam video from all police vehicles at the scene of the accident. RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly burdensome and neither material nor necessary to the prosecution of this matter, thus the demand is patently improper. The contents of the police file have been disclosed by the responding defendants in its omnibus responses, dated November 7, 2017. In addition, please see the enclosed documents bates stamped numbered TSOU000759 through TSOU000831 which were also part of the police department's file. Lastly, dash cam footage will be provided upon receipt of an 168GB flash drive. Defendants reserve the right to supplement this response if and when any additional information or documentation is discovered. 4. All communications, emails, text messages, memos, documents between the Town of Southold Engineer Jamie Richter and/or any representative, employee, and/or any agent of the County of Suffolk. RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly burdensome and neither material nor necessary to the prosecution of this matter, thus the demand is patently improper. Particularly, this demand does is unspecified in date range and does not even reference the subject matter of the documents which are being requested. Presumably the demand calls for the production of every text message, emails, memo or document exchanged between Mr. Richter and the County of Suffolk for any subject, ever. Such is patently overbroad and improper. 5. Any and alltraffic and traffic control device studies, engineering and site plans regarding the premises known and designated as 18910 County Rd 48 #48, Cutchogue, NY 11935, 48" Town of Southol d Tax Map No. 890.9600.04000.04003 and also known as "Vineyard from the following departments within the Town of Southold: Building Department, Code 3 3 of 6 FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019 Enforcement, Commimity Development, Engineering Department, Highway Department, Planning Department, Public Works, Zoning Board of Appeals, Town Attorney, Town Clerk, Town Trustees, Town Supervisor and the Town Board. RESPONSE: Objection, the responding defendant objects to this request as overly broad, unduly burdensome, unduly vague and neither material nor necessary to the prosecution of this matter, thus the demand is patently improper. Notwithstanding the objection, the responding defendants are not in possession of any responsive documents. Defendants reserve the right to supplement this response ifand when any additional information or documentation is discovered. Dated: Nesconset, New York October 7, 2019 Yours, etc., LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant TOWN OF SOUTHOLD 280 Smithtown Boulevard Nesconset, New York 11767 (631) 366-2700 By: ÓY OSHUA/S. SHTEIERMAN TO: JOSEPH J TOCK Attorneys for Plaintiff MELISSA A, CRAI 963 Route 6 M.ahopac, New York 10541 (845) 628-8080 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEVEN D. ROMEO One CA Plaza, Suite 225 Islandia, New York 11749 4 4 of 6 FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019 Attn: Rebecca K. Devlin, Esq. (Your File No.: 0114.1460.003C) CASCONE & KLUEPFEL LLP Attn: David G. Kluepfel, Esq. Attorneys for Defendant ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (Your File No.: 04128DVM) LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant COUNTY OF SUFFOLK Tower Square- 1045 Oyster Suite 1 Bay Road, East Norwich, New York 11732 (Your File No.: 907-4577) BONGIORNO, MONTIGLO & PALMIERI, PLLC Attorneys for Defendants ULTIMATE CLASS LIMOUSINE and CARLOS PINO 200 Old Country Road, Suite 680 Mineola, New York 11501 (516) 620-4490 (Your File No.: IBM 068515 NJP) LAW OFFICE OF ANDREA G. SAWYERS Attn: Steven A. Steigerwald, Esq. Attorneys for Defendant CA.BOT COACH BUILDERS, INC d/b/a ROYALE LIMOUSINE 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 (Your File No.: 2017024539SAS) JOHN L JULIANO, P.C. Attorney for Plaintiff ESTATE OF SHULMAN 39 Doyle Court East Northport, New York 11731 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff ALICIA M. ARUNDEL 1415 Kellum Place, Suite 205 Garden City, New York 11530 5 5 of 6 FILED: SUFFOLK COUNTY CLERK 10/09/2019 12:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 10/09/2019 SULLIVAN, PAPAIN, BLOCK, McGRATH & CANNAVO, P.C. Attorneys for Plaintiff ESTATE OF BARUCH 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 PEGALIS & ERICKSON, LLC Attorneys for Plaintiff JOELLE DIMONTE One Hollow Lane, Suite 107 Lake Success, New York 11042 FRANK J. LAINE, P.C. Attorneys for Plaintiff ESTATE OF GRABINA 449 South Oyster Bay Road Plainview, New York 11803 PARIS & CHAIKIN, PLLC Attorney for Plaintiff OLGA LIPETS 14 Penn Plaza, Suite 2202 New York, New York 10122 BLOCK O'TOOLE & MURPHY, ESQS. Attorneys for Plaintiff ESTATE OF BELLI One Penn Plaza, Suite 5315 New York, New York 10019 6 6 of 6