Preview
FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ALICIA M. ARUNDEL; SUZANNE VERIFIED ANSWER TO
SCHULMAN, AS ADMINISTRATRIX OF SCHULMAN AMENDED
THE ESTATE OF BRITTNEY M. COMPLAINT WITH
SCHULMAN, DECEASED; OLGA LIPETS; CROSS COMPLAINT
MINDY GRABINA, AS ADMINISTRATRIX
OF THE ESTATE OF AMY GRABINA, AND
MINDY GRABINA, INDIVIDUALLY;
STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH,
DECEASED AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; AND
MELISSA A. CRAI,
Plaintiffs,
Index No. 611214/2015
-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/b/a
ROYALE LIMOUSINE and "XYZ
COMPANIES 1-5" name being fictitious but
intended to be the remanufacturers,
distributors, and/or sellers of the 2007 Lincoln
Town Car stretch limousine involved in the
collision,
Defendants.
Defendant, County of Suffolk, by their attorney, Dennis M. Brown, Suffolk County
Attorney, by Christopher A. Jeffreys, Assistant County Attorney, answering plaintiff's complaint
herein, respectfully alleges upon information and belief:
THE PARTIES
1. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11 in the Complaint.
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2. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 9 of the Complaint, except admits that upon information and
belief, at all times hereinafter mentioned, the defendant, County of Suffolk, was and still is a
municipal corporation duly authorized, existing and operating under and by virtue of the laws of
the State of New York.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
FIRST CAUSE OF ACTION AGAINST DEFENDANTS:
ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., AND STEVEN ROMEO
3. Answering paragraph numbered 12 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 11
inclusive, with the same force and effect as if the same were set forth at length herein.
4. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered13, 14, 15, 16, and 18 in the Complaint.
5. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 17, 19, and 20 of the Complaint and refers all questions of
law to the Court.
6. Denies allegations contained in paragraphs numbered 21, and 22 of the
Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
SECOND CAUSE OF ACTION AGAINST DEFENDANT
ULTIMATE CLASS LIMOUSINE INC.,
7. Answering paragraph numbered 23 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 22
inclusive, with the same force and effect as if the same were set forth at length herein.
8. Denies knowledge or information sufficient to form a belief as to allegations
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contained in paragraphs numbered 24, 25, 26, 27, 28, 29, and 30 in the Complaint.
9. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 31 of the Complaint and refers all questions of law to the
Court.
10. Denies allegations contained in paragraph numbered 32 of the Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
THIRD CAUSE OF ACTION AGAINST DEFENDANT
ROMEO DIMON MARINE SERVICE, INC.
11. Answering paragraph numbered 33 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 32
inclusive, with the same force and effect as if the same were set forth at length herein.
12. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 34, 35, 36, 37, 38, 39, and 40 in the Complaint.
13. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 41 of the Complaint and refers all questions of law to the
Court.
14. Denies allegations contained in paragraph numbered 42 of the Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
FOURTH CAUSE OF ACTION AGAINST DEFENDANT
SOUTHOLD
15. Answering paragraph numbered 43 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 42
inclusive, with the same force and effect as if the same were set forth at length herein.
16. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 44, 45, 46, 47, 48, 49, 53, and 54 in the Complaint.
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17. Denies allegations contained in paragraphs numbered 50 and 55 of the Complaint
and refers all questions of law to the Court.
18. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 51 of the Complaint and refers all questions of law to the
Court.
19. Denies allegations contained in paragraphs numbered 52 and 56 of the Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
FIFTH CAUSE OF ACTION AGAINST DEFENDANT
COUNTY OF SUFFOLK
20. Answering paragraph numbered 57 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 56
inclusive, with the same force and effect as if the same were set forth at length herein.
21. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 58 of the Complaint, except admits that upon information and
belief, at all times hereinafter mentioned, the defendant, County of Suffolk owned a public
highway know as Middle Road (County Road 48).
22. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 66 of the Complaint, except admits that on August 19, 2015 a
Notice of Claim was served upon the Suffolk County Attorney’s Office.
23. Denies allegations contained in paragraphs numbered 59, 65, 67, and 69 of the
Complaint.
24. Denies allegations contained in paragraphs numbered 60, 61, 62, 63, and 68 of the
Complaint and refers all questions of law to the Court.
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25. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 64 of the Complaint and refers all questions of law to the
Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
SIXTH CAUSE OF ACTION AGAINST DEFENDANTS
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE,
ULTIMATE CLASS LIMOUSINE, INC., AND “XYZ COMPANIES 1-5”
26. Answering paragraph numbered 70 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 69
inclusive, with the same force and effect as if the same were set forth at length herein.
27. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86,
90, 92, 93, 96, 97, and 98 in the Complaint.
28. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 87, 88, 89, and 91of the Complaint and refers all questions of
law to the Court.
29. Denies allegations contained in paragraphs numbered 94, 95, 99, and 100 of the
Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
SEVENTH CAUSE OF ACTION AGAINST DEFENDANTS
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINES,
“XYZ COMPANIES 1-5” and ULTIMATE CLASS LIMOUSINE, INC.
30. Answering paragraph numbered 101 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 100 inclusive, with the same force and effect as if the same were set forth at length
herein.
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31. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
116, and 117 in the Complaint.
32. Denies allegations contained in paragraphs numbered 114, 115, and 119 of the
Complaint.
33. Denies allegations contained in paragraph numbered 118 of the Complaint and
refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
EIGHTH CAUSE OF ACTION AGAINST DEFENDANTS
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINES,
“XYZ COMPANIES 1-5” and ULTIMATE CLASS LIMOUSINE, INC.
34. Answering paragraph numbered 120 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 119 inclusive, with the same force and effect as if the same were set forth at length
herein.
35. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 121, 122, and 124 in the Complaint.
36. Denies allegations contained in paragraphs numbered 123, 125, and 126 of the
Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
NINTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
37. Answering paragraph numbered 127 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 126 inclusive, with the same force and effect as if the same were set forth at length
herein.
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38. Denies allegations contained in paragraphs numbered 128, and 130 of the
Complaint.
39. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 129 of the Complaint and refers all questions of law to the
Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
40. That if the plaintiff(s) was caused to sustain damages at the time and place set
forth in the plaintiff's complaint, such injuries and/or damages were sustained by said plaintiff(s)
in whole or in part by reason of the carelessness, recklessness, negligence and/or negligent act of
omission or commission of the culpable conduct of said plaintiff(s), and defendant(s) plead such
culpable conduct and acts of negligence in diminution of damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
41. That all the risks and dangers connected with the situation at the time and place
mentioned in the complaint were open, obvious and apparent, and were known to and assumed
by the plaintiff(s) herein.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
42. That plaintiff(s) failed to make use of seat belts in the car plaintiff(s) occupied.
43. That by reason thereof, plaintiffs' damages were aggravated and enhanced.
44. That plaintiff(s) are barred from recovery for that part of damages which would
have been prevented by wearing seat belts.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
45. That if the plaintiff(s) recovers herein against two or more tort-feasors jointly
liable and/or if the culpable conduct of any person not a party to this action is considered in
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determining any equitable share herein and if this answering defendant's liability is 50 percent or
less of the total liability assigned, then this answering defendant's liability for non economic loss
shall not exceed the equitable share as determined by this answering defendant's percentage of
liability for non economic loss pursuant to Civil Practice Law and Rules Article 16.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
46. That this action is barred as against the defendant COUNTY OF SUFFOLK for
lack of prior written notice to the County of the defective condition, pursuant to Section C8-2A
of the Suffolk County Charter.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
47. That this action is barred by the doctrines of qualified and/or absolute
governmental immunity for discretionary acts.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
48. That the complaint fails to state a claim upon which relief can be granted.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
49. That the Plaintiff’s action against the County of Suffolk is barred by the holdings
of Weiss v. Fote, 7N.Y.2d 579 (1960); Friedman v. Cataldo, 67 N.Y.2d 271 (1986); Schuster v.
McDonald, 263 A.D.2d 473 (2d Dept. 1999), and their progeny.
AS AND FOR A CROSS-COMPLAINT AGAINST
CO-DEFENDANTS, ULTIMATE CLASS LIMOUSINE INC.,
CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD,
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and
"XYZ COMPANIES 1-5" ANSWERING DEFENDANT:
COUNTY OF SUFFOLK, ALLEGES UPON INFORMATION AND BELIEF:
50. That if the plaintiffs recovers herein against answering defendant, such recovery
will have been caused and brought about by reason of the negligence of the co-defendants, by
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agents, servants and/or employees, which said negligence will have been primary and the
negligence, if any, of answering defendant will be secondary, and answering defendant will be
entitled to judgment against the co-defendants in any amount the plaintiffs may recover herein
or, in the alternate, to a determination of the comparative degrees of negligence of the said
defendant, and to a judgment over in accordance with such determination.
WHEREFORE, defendant, County of Suffolk, demands judgment, dismissing the plaintiff's
complaint herein, with costs and disbursements or, in the alternate, for judgment over and against
the co-defendants in any amount plaintiffs may recover against answering defendant, and/or to a
determination of the respective degrees of negligence, and for judgment over and against said
co-defendants in accordance therewith, together with the costs and disbursements hereof.
DATED: Hauppauge, New York
April 27, 2017
Yours, etc.
Dennis M. Brown
Suffolk County Attorney
Attorney for Defendant
County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
(631) 853-4049
BY: /s/ Christopher A. Jeffreys
Christopher A. Jeffreys
Assistant County Attorney
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TO: SULLIVAN PAPAIN BLOCK McGRATH & CANNAVA PC.
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
Robert G. Smith
516-742-0707
JOHN L. JULIANO PC
39 Doyle court
East Northport, NY 11731
AHMUTY DEMERS & McMANUS
200 I.U. Willets Road
Albertson, NY 11507
LEWIS JOHS AVALLONE AVILES LLP
One CA Plaza, Suite 225
Islandia, NY 11749
CASCONE & KLEUPFEL LLP
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
DEVITT SPELLMAN & BARRETT LLP
50 Route 111
Smithtown, NY 11788
BONGIORNO LAW FIRM, PLLC
1415 Kellum Place, Suite 205
Garden City, NY 11530
PEGALIS & ERICKSON, LLC
One Hollow Lane, Suite 107
Lake Success, NY 11042
FRANK J. LAINE P.C.
449 South Oyster Bay Road
Plainview, NY 11803
JOSEPH J. TOCK, ESQ
964 Route 6
Mahopac, NY 10541
BLOCK, O’TOOLE & MURPHY LLP
One Penn Plaza, Suite 5315
New York, NY 10119
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PARIS & CHAIKIN PLLC
14 Penn Plaza, Suite 2202
New York, NY 10122
LAW OFFICE OF ANDREA G. SAWYERS
3 Huntington Quadrangle, Suite 102S
Melville, NY 11747
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RIDER
TO: SULLIVAN PAPAIN BLOCK McGRATH & CANNAVA PC.
Attorney(s) for Plaintiff
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
Robert G. Smith
516-742-0707
JOHN L. JULIANO PC
39 Doyle court
East Northport, NY 11731
AHMUTY DEMERS & McMANUS
200 I.U. Willets Road
Albertson, NY 11507
LEWIS JOHS AVALLONE AVILES LLP
One CA Plaza, Suite 225
Islandia, NY 11749
CASCONE & KLEUPFEL LLP
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
DEVITT SPELLMAN & BARRETT LLP
50 Route 111
Smithtown, NY 11788
BONGIORNO LAW FIRM, PLLC
1415 Kellum Place, Suite 205
Garden City, NY 11530
PEGALIS & ERICKSON, LLC
One Hollow Lane, Suite 107
Lake Success, NY 11042
FRANK J. LAINE P.C.
449 South Oyster Bay Road
Plainview, NY 11803
JOSEPH J. TOCK, ESQ
964 Route 6
Mahopac, NY 10541
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BLOCK, O’TOOLE & MURPHY LLP
One Penn Plaza, Suite 5315
New York, NY 10119
PARIS & CHAIKIN PLLC
14 Penn Plaza, Suite 2202
New York, NY 10122
LAW OFFICE OF ANDREA G. SAWYERS
3 Huntington Quadrangle, Suite 102S
Melville, NY 11747
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VERIFICATION
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
The undersigned, an attorney admitted to practice in the Courts of New York State, shows:
1. Deponent is associated with the office of Dennis M. Brown, Suffolk County Attorney,
and attorney for defendant(s) County of Suffolk.
2. Deponent has read the foregoing and knows the contents thereof, and the same is true to
deponent's own knowledge except as to the matters therein stated to be alleged upon information
and belief and as to those matters deponent believes it to be true.
3. This verification is made as to the COUNTY OF SUFFOLK because said County is a
Municipal Corporation and deponent is an Officer thereof: an Assistant County Attorney. This
verification is made as to any other defendant(s) as his/their attorney.
4. The grounds of deponent's belief as to all matters not stated upon deponent's own
knowledge are: (a) public records, (b) work product, (c) personal investigation, (d)
correspondence and interviews with defendant(s), their deputies, agents and employees, (e) or
that they are matters of law; if this verification is made for a non-corporate party the material
allegations are within deponent's personal knowledge based on the foregoing.
5. The undersigned affirms that the foregoing statements are true under the penalties of
perjury.
DATED: Hauppauge, New York
April 27, 2017
/s/ Christopher A. Jeffreys
Christopher A. Jeffreys
Assistant County Attorney
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ALICIA M. ARUNDEL; SUZANNE
SCHULMAN, AS ADMINISTRATRIX OF DEMAND FOR VERIFIED
THE ESTATE OF BRITTNEY M. BILL OF PARTICULARS
SCHULMAN, DECEASED; OLGA LIPETS;
MINDY GRABINA, AS ADMINISTRATRIX
OF THE ESTATE OF AMY GRABINA, AND
MINDY GRABINA, INDIVIDUALLY;
STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH,
DECEASED AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; AND
MELISSA A. CRAI,
Plaintiffs,
-against-
Index No. 611214/2015
ULTIMATE CLASS LIMOUSINE INC.,
CARLOS PINO, ROMEO DIMON MARINE
SERVICE, INC., STEVEN ROMEO, TOWN
OF SOUTHOLD, COUNTY OF SUFFOLK,
CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE and "XYZ
COMPANIES 1-5" name being fictitious but
intended to be the remanufacturers,
distributors, and/or sellers of the 2007 Lincoln
Town Car stretch limousine involved in the
collision,
Defendants.
SIR/MADAM:
PLEASE TAKE NOTICE that the defendant(s) hereby demand that plaintiff(s) serve on
the undersigned, within twenty (20) days from the date of service hereof, a verified bill of
particulars with respect to the following matters:
1. State decedent's full name, date and place of birth and residence during the past five (5)
years.
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2. State whether decedent was married or single; and if married, give the full name of their
spouse and their address, if not the same as their own and the reason for the different
addresses.
3. State whether the decedent has ever been known by any other name; and if so, give the
other name or names and state whether and when they used such names.
4. Has the decedent's name ever been legally changed; and if so, state, when, where and
through what procedure.
5. State the date and exact time of accident.
6. State the name of the road, street, or highway on which the accident described in the
complaint occurred and the nearest intersecting road, street, or highway so as to locate the
place of accident, giving the compass direction in which one vehicle mentioned in the
complaint was proceeding.
7. State whether any other vehicle was involved in the accident; and if so:
a) State the name of the owner and of the operator of the other vehicle.
b) State the address of the owner and operator of the other vehicle.
c) State the registration number of the other vehicle.
8. State the road conditions -- that is whether dry, wet or slippery.
9. State whether it was dark, light, cloudy, etc.
10. State whether the roads where the accident occurred were an electrically lighted highway.
11. State the speed at which each vehicle was proceeding just before and at a distance 200
feet before the place of contact.
12. If at the time of the alleged accident decedent engaged in gainful occupation, state the
wages or salary that he or she was receiving at the time.
13. A statement of any other expenses incurred on account of the occurrence set forth in the
complaint and for what incurred.
14. As to the deceased:
Total amounts, if any, claimed as special damages:
a) physician's services;
b) medical supplies;
c) hospital expenses;
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d) nurses' services;
e) funeral expenses;
f) Loss of earnings, with name and address of employer; if self-employed, so state and
indicate the name and address under which decedent was doing business.
15. If loss of service is alleged, state how long and between what dates such loss of services
will be claimed.
16. Set forth by Chapter, Article, Section and Paragraph each and every statute or ordinance,
if any, which it is claimed the defendant violated.
17. Set forth the date of death of plaintiff's decedent and age at the time of death.
18. Set forth an itemized account of the expenditures incurred for the funeral and burial of
plaintiff's decedent.
19. The respective names, ages, resident addresses and relationship of the next of kin who
survive the death of plaintiff's decedent.
20. State the monetary amount of the deceased's contribution to those survivors
simultaneously.
21. State the gross earnings of the deceased for the past three years.
22. Have you received any medical, hospital or x-ray reports for any hospital or physician
concerning the injuries to the plaintiff and the plaintiff's decedent alleged to have been
caused by said accident?
23. If so, what is the date of each?
24. If so, where and from whom were such reports received?
25. If so, what type of reports were received in each instance (written or oral, medical, x-ray,
hospital, etc.)?
26. If so, what is the name and address of the place or custody of each report.
27. State the nature, extent, location and duration of each alleged injury and description of
any injuries claimed to be permanent.
28. If any time elapsed between the alleged accident and the death of the decedent, state how
much time elapsed and for how much of that time the decedent was conscious.
29. Statement setting forth the cause of death of the decedent.
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30. A statement of the injuries alleged to have been sustained by the decedent which it is
claimed caused the death.
31. State the length of time, if any, plaintiff was confined to a) bed, b) house, and c) if treated
at or confined to a hospital, the name and address thereof and the dates and times of
admission and discharge.
32. State the date plaintiff was appointed Executrix of the Estate of the plaintiff's decedent
and the court of appointment, together with a copy thereof.
33. Set forth a true copy of the Death Certificate.
34. If decedent was a student at the time of the occurrence, state name and address of school
or institute where decedent was studying and the class or year and course of study.
35. If recovery is sought for the cost of medical care, dental care, custodial care or
rehabilitation services, loss of earnings or other economic loss, state whether any such
cost or expense has been, or will be, indemnified by any insurance, social security,
workers' compensation or employee benefit programs.
36. If the answer to the preceding demand is yes, specify the cost or expense reimbursed, the
amount of the reimbursements and the source.
37. State whether plaintiff claims that payment by any collateral sources create a legal lien on
any recovery in this action. If so, specify the lien claimed and the present amount.
38. With respect to any collateral source payment claimed, state whether plaintiff claims to
have paid a premium for the collateral source benefit and specify the amount of the
premium paid by plaintiff for the two years preceding the accident.
39. With respect to any collateral source payment claimed for which plaintiff paid a
premium, specify the projected future cost to the plaintiff of maintaining the benefit.
40. A statement of the acts or omissions constituting the negligence claimed.
41. Set forth plaintiff(s) social security number(s).
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand.
In the event any of the above items are obtained after service of this demand, or service
of a response thereto, they are to be furnished to the undersigned forthwith.
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DATED: Hauppauge, New York
April 27, 2017
Yours, etc.
Dennis M. Brown
Suffolk County Attorney
Attorney for Defendant
County of Suffolk
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
(631) 853-4049
BY: Christopher A. Jeffreys
Assistant County Attorney
TO: SEE ANNEXED RIDER
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ALICIA M. ARUNDEL; SUZANNE DEMAND FOR
SCHULMAN, AS ADMINISTRATRIX OF
THE ESTATE OF BRITTNEY M. ECONOMIC EXPERTS
SCHULMAN, DECEASED; OLGA LIPETS;
MINDY GRABINA, AS ADMINISTRATRIX
OF THE ESTATE OF AMY GRABINA, AND
MINDY GRABINA, INDIVIDUALLY;
STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH,
DECEASED AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; AND
MELISSA A. CRAI,
Plaintiffs,
-against-
Index No. 611214/2015
ULTIMATE CLASS LIMOUSINE INC.,
CARLOS PINO, ROMEO DIMON MARINE
SERVICE, INC., STEVEN ROMEO, TOWN
OF SOUTHOLD, COUNTY OF SUFFOLK,
CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE and "XYZ
COMPANIES 1-5" name being fictitious but
intended to be the remanufacturers,
distributors, and/or sellers of the 2007 Lincoln
Town Car stretch limousine involved in the
collision,
Defendants.
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), it is demanded that you respond
to the following:
1. If you expect to call an economist or actuary, state:
a. A specific description of the losses for which such calculations will be
made (i.e., present value of the loss of future earnings, present value of
loss of second job earnings, present value of future medical expenses,
etc.);
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b. The undiscounted amount of such loss;
c. The present value of the dollar amount of such loss;
d. The discount rate applied by such persons to determine present value and
the reason for such rate;
e. The number of years involved in such discounting process and the
opinions and facts on which the economist bases the determination of that
number of years;
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f. With regard to testing concerning growth of future income on an annual or
other basis at a projected rate of income greater earned by the plaintiff
when last employed, state the growth rate for such income as estimated by
such person, the opinions and facts on which that estimate is based, and
specify the publication and location by the defendant;
g. Specify each factor other than those which have been noted above, which
the person has used in calculating the net amount of the present value of
the loss and identify specifically the source material and page number on
which such person bases his opinion or draws the facts on which he relief;
h. With regard to any information secured from any text, publication, graph,
chart or study other than as already designated specify such source
material and page numbers;
i. In detail, state precisely the manner in which the person reached his or her
conclusions, showing the mathematical calculations involved;
j. With regard to any report, memoranda, or any other matter in writing
showing in whole or in part the expert’s conclusions or the facts upon
which such conclusions were based, state the date of such writing and the
names and addresses of person(s) having copies of it.
This notice is a continuing demand for the information requested concerning an expert’s
testimony at trial. Failure to comply with demand shall be grounds upon which to
preclude you from introducing the expert’s testimony at trial for such expert whose name,
qualifications, subject matter of testimony, substance of the facts and opinions of the
expert’s testimony and the materials upon which the expert’s testimony is based; striking
the complaint, dismissing the action and for such other relief as the Court deems just and
proper.
DATED: Hauppauge, New York
April 27, 2017
Yours, etc.
Dennis M. Brown
Suffolk County Attorney
Attorney for Defendant
County of Suffolk
H. Lee Dennison Building
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100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
(631) 853-4049
BY: Christopher A. Jeffreys
Assistant County Attorney
TO: SEE ANNEXED RIDER
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ALICIA M. ARUNDEL; SUZANNE SCHULMAN,
COMBINED DEMAND
AS ADMINISTRATRIX OF THE ESTATE OF
BRITTNEY M. SCHULMAN, DECEASED; OLGA FOR DISCOVERY AND
LIPETS; MINDY GRABINA, AS INSPECTION
ADMINISTRATRIX OF THE ESTATE OF AMY
GRABINA, AND MINDY GRABINA,
INDIVIDUALLY; STEVEN BARUCH, AS
ADMINISTRATOR OF THE ESTATE OF LAUREN
BARUCH, DECEASED AND STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; AND
MELISSA A. CRAI,
Plaintiffs,
-against-
Index No. 611214/2015
ULTIMATE CLASS LIMOUSINE INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICE, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, CABOT COACH
BUILDERS, INC., d/b/a ROYALE LIMOUSINE and
"XYZ COMPANIES 1-5" name being fictitious but
intended to be the remanufacturers, distributors, and/or
sellers of the 2007 Lincoln Town Car stretch
limousine involved in the collision,
Defendants.
SIR/MADAM:
PLEASE TAKE NOTICE that pursuant to Sections 3101, 3102 and 4545 of the CPLR, you are
required to serve upon the undersigned, the following information within 20 days after receipt of
this notice:
1. DEMAND FOR ALL PARTIES APPEARING
A list of names of all parties that have appeared in this action, together with the names and
addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R.
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Preview
FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE VERIFIED ANSWER TO SCHULMAN, AS ADMINISTRATRIX OF SCHULMAN AMENDED THE ESTATE OF BRITTNEY M. COMPLAINT WITH SCHULMAN, DECEASED; OLGA LIPETS; CROSS COMPLAINT MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, Index No. 611214/2015 -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/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors, and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. Defendant, County of Suffolk, by their attorney, Dennis M. Brown, Suffolk County Attorney, by Christopher A. Jeffreys, Assistant County Attorney, answering plaintiff's complaint herein, respectfully alleges upon information and belief: THE PARTIES 1. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11 in the Complaint. 1 1 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 2. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 9 of the Complaint, except admits that upon information and belief, at all times hereinafter mentioned, the defendant, County of Suffolk, was and still is a municipal corporation duly authorized, existing and operating under and by virtue of the laws of the State of New York. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS FIRST CAUSE OF ACTION AGAINST DEFENDANTS: ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., AND STEVEN ROMEO 3. Answering paragraph numbered 12 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 11 inclusive, with the same force and effect as if the same were set forth at length herein. 4. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered13, 14, 15, 16, and 18 in the Complaint. 5. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 17, 19, and 20 of the Complaint and refers all questions of law to the Court. 6. Denies allegations contained in paragraphs numbered 21, and 22 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS SECOND CAUSE OF ACTION AGAINST DEFENDANT ULTIMATE CLASS LIMOUSINE INC., 7. Answering paragraph numbered 23 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 22 inclusive, with the same force and effect as if the same were set forth at length herein. 8. Denies knowledge or information sufficient to form a belief as to allegations 2 2 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 contained in paragraphs numbered 24, 25, 26, 27, 28, 29, and 30 in the Complaint. 9. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 31 of the Complaint and refers all questions of law to the Court. 10. Denies allegations contained in paragraph numbered 32 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS THIRD CAUSE OF ACTION AGAINST DEFENDANT ROMEO DIMON MARINE SERVICE, INC. 11. Answering paragraph numbered 33 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 32 inclusive, with the same force and effect as if the same were set forth at length herein. 12. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 34, 35, 36, 37, 38, 39, and 40 in the Complaint. 13. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 41 of the Complaint and refers all questions of law to the Court. 14. Denies allegations contained in paragraph numbered 42 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS FOURTH CAUSE OF ACTION AGAINST DEFENDANT SOUTHOLD 15. Answering paragraph numbered 43 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 42 inclusive, with the same force and effect as if the same were set forth at length herein. 16. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 44, 45, 46, 47, 48, 49, 53, and 54 in the Complaint. 3 3 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 17. Denies allegations contained in paragraphs numbered 50 and 55 of the Complaint and refers all questions of law to the Court. 18. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 51 of the Complaint and refers all questions of law to the Court. 19. Denies allegations contained in paragraphs numbered 52 and 56 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS FIFTH CAUSE OF ACTION AGAINST DEFENDANT COUNTY OF SUFFOLK 20. Answering paragraph numbered 57 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 56 inclusive, with the same force and effect as if the same were set forth at length herein. 21. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 58 of the Complaint, except admits that upon information and belief, at all times hereinafter mentioned, the defendant, County of Suffolk owned a public highway know as Middle Road (County Road 48). 22. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 66 of the Complaint, except admits that on August 19, 2015 a Notice of Claim was served upon the Suffolk County Attorney’s Office. 23. Denies allegations contained in paragraphs numbered 59, 65, 67, and 69 of the Complaint. 24. Denies allegations contained in paragraphs numbered 60, 61, 62, 63, and 68 of the Complaint and refers all questions of law to the Court. 4 4 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 25. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 64 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS SIXTH CAUSE OF ACTION AGAINST DEFENDANTS CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE, ULTIMATE CLASS LIMOUSINE, INC., AND “XYZ COMPANIES 1-5” 26. Answering paragraph numbered 70 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 69 inclusive, with the same force and effect as if the same were set forth at length herein. 27. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 90, 92, 93, 96, 97, and 98 in the Complaint. 28. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 87, 88, 89, and 91of the Complaint and refers all questions of law to the Court. 29. Denies allegations contained in paragraphs numbered 94, 95, 99, and 100 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS SEVENTH CAUSE OF ACTION AGAINST DEFENDANTS CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINES, “XYZ COMPANIES 1-5” and ULTIMATE CLASS LIMOUSINE, INC. 30. Answering paragraph numbered 101 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 100 inclusive, with the same force and effect as if the same were set forth at length herein. 5 5 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 31. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, and 117 in the Complaint. 32. Denies allegations contained in paragraphs numbered 114, 115, and 119 of the Complaint. 33. Denies allegations contained in paragraph numbered 118 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS EIGHTH CAUSE OF ACTION AGAINST DEFENDANTS CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINES, “XYZ COMPANIES 1-5” and ULTIMATE CLASS LIMOUSINE, INC. 34. Answering paragraph numbered 120 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 119 inclusive, with the same force and effect as if the same were set forth at length herein. 35. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 121, 122, and 124 in the Complaint. 36. Denies allegations contained in paragraphs numbered 123, 125, and 126 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS NINTH CAUSE OF ACTION AGAINST ALL DEFENDANTS 37. Answering paragraph numbered 127 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 126 inclusive, with the same force and effect as if the same were set forth at length herein. 6 6 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 38. Denies allegations contained in paragraphs numbered 128, and 130 of the Complaint. 39. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 129 of the Complaint and refers all questions of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 40. That if the plaintiff(s) was caused to sustain damages at the time and place set forth in the plaintiff's complaint, such injuries and/or damages were sustained by said plaintiff(s) in whole or in part by reason of the carelessness, recklessness, negligence and/or negligent act of omission or commission of the culpable conduct of said plaintiff(s), and defendant(s) plead such culpable conduct and acts of negligence in diminution of damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 41. That all the risks and dangers connected with the situation at the time and place mentioned in the complaint were open, obvious and apparent, and were known to and assumed by the plaintiff(s) herein. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 42. That plaintiff(s) failed to make use of seat belts in the car plaintiff(s) occupied. 43. That by reason thereof, plaintiffs' damages were aggravated and enhanced. 44. That plaintiff(s) are barred from recovery for that part of damages which would have been prevented by wearing seat belts. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 45. That if the plaintiff(s) recovers herein against two or more tort-feasors jointly liable and/or if the culpable conduct of any person not a party to this action is considered in 7 7 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 determining any equitable share herein and if this answering defendant's liability is 50 percent or less of the total liability assigned, then this answering defendant's liability for non economic loss shall not exceed the equitable share as determined by this answering defendant's percentage of liability for non economic loss pursuant to Civil Practice Law and Rules Article 16. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 46. That this action is barred as against the defendant COUNTY OF SUFFOLK for lack of prior written notice to the County of the defective condition, pursuant to Section C8-2A of the Suffolk County Charter. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 47. That this action is barred by the doctrines of qualified and/or absolute governmental immunity for discretionary acts. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 48. That the complaint fails to state a claim upon which relief can be granted. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 49. That the Plaintiff’s action against the County of Suffolk is barred by the holdings of Weiss v. Fote, 7N.Y.2d 579 (1960); Friedman v. Cataldo, 67 N.Y.2d 271 (1986); Schuster v. McDonald, 263 A.D.2d 473 (2d Dept. 1999), and their progeny. AS AND FOR A CROSS-COMPLAINT AGAINST CO-DEFENDANTS, ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" ANSWERING DEFENDANT: COUNTY OF SUFFOLK, ALLEGES UPON INFORMATION AND BELIEF: 50. That if the plaintiffs recovers herein against answering defendant, such recovery will have been caused and brought about by reason of the negligence of the co-defendants, by 8 8 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 agents, servants and/or employees, which said negligence will have been primary and the negligence, if any, of answering defendant will be secondary, and answering defendant will be entitled to judgment against the co-defendants in any amount the plaintiffs may recover herein or, in the alternate, to a determination of the comparative degrees of negligence of the said defendant, and to a judgment over in accordance with such determination. WHEREFORE, defendant, County of Suffolk, demands judgment, dismissing the plaintiff's complaint herein, with costs and disbursements or, in the alternate, for judgment over and against the co-defendants in any amount plaintiffs may recover against answering defendant, and/or to a determination of the respective degrees of negligence, and for judgment over and against said co-defendants in accordance therewith, together with the costs and disbursements hereof. DATED: Hauppauge, New York April 27, 2017 Yours, etc. Dennis M. Brown Suffolk County Attorney Attorney for Defendant County of Suffolk H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788-0099 (631) 853-4049 BY: /s/ Christopher A. Jeffreys Christopher A. Jeffreys Assistant County Attorney 9 9 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 TO: SULLIVAN PAPAIN BLOCK McGRATH & CANNAVA PC. 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 Robert G. Smith 516-742-0707 JOHN L. JULIANO PC 39 Doyle court East Northport, NY 11731 AHMUTY DEMERS & McMANUS 200 I.U. Willets Road Albertson, NY 11507 LEWIS JOHS AVALLONE AVILES LLP One CA Plaza, Suite 225 Islandia, NY 11749 CASCONE & KLEUPFEL LLP 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 DEVITT SPELLMAN & BARRETT LLP 50 Route 111 Smithtown, NY 11788 BONGIORNO LAW FIRM, PLLC 1415 Kellum Place, Suite 205 Garden City, NY 11530 PEGALIS & ERICKSON, LLC One Hollow Lane, Suite 107 Lake Success, NY 11042 FRANK J. LAINE P.C. 449 South Oyster Bay Road Plainview, NY 11803 JOSEPH J. TOCK, ESQ 964 Route 6 Mahopac, NY 10541 BLOCK, O’TOOLE & MURPHY LLP One Penn Plaza, Suite 5315 New York, NY 10119 10 10 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 PARIS & CHAIKIN PLLC 14 Penn Plaza, Suite 2202 New York, NY 10122 LAW OFFICE OF ANDREA G. SAWYERS 3 Huntington Quadrangle, Suite 102S Melville, NY 11747 11 11 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 RIDER TO: SULLIVAN PAPAIN BLOCK McGRATH & CANNAVA PC. Attorney(s) for Plaintiff 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 Robert G. Smith 516-742-0707 JOHN L. JULIANO PC 39 Doyle court East Northport, NY 11731 AHMUTY DEMERS & McMANUS 200 I.U. Willets Road Albertson, NY 11507 LEWIS JOHS AVALLONE AVILES LLP One CA Plaza, Suite 225 Islandia, NY 11749 CASCONE & KLEUPFEL LLP 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 DEVITT SPELLMAN & BARRETT LLP 50 Route 111 Smithtown, NY 11788 BONGIORNO LAW FIRM, PLLC 1415 Kellum Place, Suite 205 Garden City, NY 11530 PEGALIS & ERICKSON, LLC One Hollow Lane, Suite 107 Lake Success, NY 11042 FRANK J. LAINE P.C. 449 South Oyster Bay Road Plainview, NY 11803 JOSEPH J. TOCK, ESQ 964 Route 6 Mahopac, NY 10541 12 12 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 BLOCK, O’TOOLE & MURPHY LLP One Penn Plaza, Suite 5315 New York, NY 10119 PARIS & CHAIKIN PLLC 14 Penn Plaza, Suite 2202 New York, NY 10122 LAW OFFICE OF ANDREA G. SAWYERS 3 Huntington Quadrangle, Suite 102S Melville, NY 11747 13 13 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 VERIFICATION STATE OF NEW YORK) COUNTY OF SUFFOLK) The undersigned, an attorney admitted to practice in the Courts of New York State, shows: 1. Deponent is associated with the office of Dennis M. Brown, Suffolk County Attorney, and attorney for defendant(s) County of Suffolk. 2. Deponent has read the foregoing and knows the contents thereof, and the same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon information and belief and as to those matters deponent believes it to be true. 3. This verification is made as to the COUNTY OF SUFFOLK because said County is a Municipal Corporation and deponent is an Officer thereof: an Assistant County Attorney. This verification is made as to any other defendant(s) as his/their attorney. 4. The grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are: (a) public records, (b) work product, (c) personal investigation, (d) correspondence and interviews with defendant(s), their deputies, agents and employees, (e) or that they are matters of law; if this verification is made for a non-corporate party the material allegations are within deponent's personal knowledge based on the foregoing. 5. The undersigned affirms that the foregoing statements are true under the penalties of perjury. DATED: Hauppauge, New York April 27, 2017 /s/ Christopher A. Jeffreys Christopher A. Jeffreys Assistant County Attorney 14 14 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF DEMAND FOR VERIFIED THE ESTATE OF BRITTNEY M. BILL OF PARTICULARS SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, -against- Index No. 611214/2015 ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors, and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. SIR/MADAM: PLEASE TAKE NOTICE that the defendant(s) hereby demand that plaintiff(s) serve on the undersigned, within twenty (20) days from the date of service hereof, a verified bill of particulars with respect to the following matters: 1. State decedent's full name, date and place of birth and residence during the past five (5) years. 15 15 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 2. State whether decedent was married or single; and if married, give the full name of their spouse and their address, if not the same as their own and the reason for the different addresses. 3. State whether the decedent has ever been known by any other name; and if so, give the other name or names and state whether and when they used such names. 4. Has the decedent's name ever been legally changed; and if so, state, when, where and through what procedure. 5. State the date and exact time of accident. 6. State the name of the road, street, or highway on which the accident described in the complaint occurred and the nearest intersecting road, street, or highway so as to locate the place of accident, giving the compass direction in which one vehicle mentioned in the complaint was proceeding. 7. State whether any other vehicle was involved in the accident; and if so: a) State the name of the owner and of the operator of the other vehicle. b) State the address of the owner and operator of the other vehicle. c) State the registration number of the other vehicle. 8. State the road conditions -- that is whether dry, wet or slippery. 9. State whether it was dark, light, cloudy, etc. 10. State whether the roads where the accident occurred were an electrically lighted highway. 11. State the speed at which each vehicle was proceeding just before and at a distance 200 feet before the place of contact. 12. If at the time of the alleged accident decedent engaged in gainful occupation, state the wages or salary that he or she was receiving at the time. 13. A statement of any other expenses incurred on account of the occurrence set forth in the complaint and for what incurred. 14. As to the deceased: Total amounts, if any, claimed as special damages: a) physician's services; b) medical supplies; c) hospital expenses; 16 16 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 d) nurses' services; e) funeral expenses; f) Loss of earnings, with name and address of employer; if self-employed, so state and indicate the name and address under which decedent was doing business. 15. If loss of service is alleged, state how long and between what dates such loss of services will be claimed. 16. Set forth by Chapter, Article, Section and Paragraph each and every statute or ordinance, if any, which it is claimed the defendant violated. 17. Set forth the date of death of plaintiff's decedent and age at the time of death. 18. Set forth an itemized account of the expenditures incurred for the funeral and burial of plaintiff's decedent. 19. The respective names, ages, resident addresses and relationship of the next of kin who survive the death of plaintiff's decedent. 20. State the monetary amount of the deceased's contribution to those survivors simultaneously. 21. State the gross earnings of the deceased for the past three years. 22. Have you received any medical, hospital or x-ray reports for any hospital or physician concerning the injuries to the plaintiff and the plaintiff's decedent alleged to have been caused by said accident? 23. If so, what is the date of each? 24. If so, where and from whom were such reports received? 25. If so, what type of reports were received in each instance (written or oral, medical, x-ray, hospital, etc.)? 26. If so, what is the name and address of the place or custody of each report. 27. State the nature, extent, location and duration of each alleged injury and description of any injuries claimed to be permanent. 28. If any time elapsed between the alleged accident and the death of the decedent, state how much time elapsed and for how much of that time the decedent was conscious. 29. Statement setting forth the cause of death of the decedent. 17 17 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 30. A statement of the injuries alleged to have been sustained by the decedent which it is claimed caused the death. 31. State the length of time, if any, plaintiff was confined to a) bed, b) house, and c) if treated at or confined to a hospital, the name and address thereof and the dates and times of admission and discharge. 32. State the date plaintiff was appointed Executrix of the Estate of the plaintiff's decedent and the court of appointment, together with a copy thereof. 33. Set forth a true copy of the Death Certificate. 34. If decedent was a student at the time of the occurrence, state name and address of school or institute where decedent was studying and the class or year and course of study. 35. If recovery is sought for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, state whether any such cost or expense has been, or will be, indemnified by any insurance, social security, workers' compensation or employee benefit programs. 36. If the answer to the preceding demand is yes, specify the cost or expense reimbursed, the amount of the reimbursements and the source. 37. State whether plaintiff claims that payment by any collateral sources create a legal lien on any recovery in this action. If so, specify the lien claimed and the present amount. 38. With respect to any collateral source payment claimed, state whether plaintiff claims to have paid a premium for the collateral source benefit and specify the amount of the premium paid by plaintiff for the two years preceding the accident. 39. With respect to any collateral source payment claimed for which plaintiff paid a premium, specify the projected future cost to the plaintiff of maintaining the benefit. 40. A statement of the acts or omissions constituting the negligence claimed. 41. Set forth plaintiff(s) social security number(s). PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand. In the event any of the above items are obtained after service of this demand, or service of a response thereto, they are to be furnished to the undersigned forthwith. 18 18 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 DATED: Hauppauge, New York April 27, 2017 Yours, etc. Dennis M. Brown Suffolk County Attorney Attorney for Defendant County of Suffolk H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788-0099 (631) 853-4049 BY: Christopher A. Jeffreys Assistant County Attorney TO: SEE ANNEXED RIDER 19 19 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE DEMAND FOR SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. ECONOMIC EXPERTS SCHULMAN, DECEASED; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, -against- Index No. 611214/2015 ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors, and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), it is demanded that you respond to the following: 1. If you expect to call an economist or actuary, state: a. A specific description of the losses for which such calculations will be made (i.e., present value of the loss of future earnings, present value of loss of second job earnings, present value of future medical expenses, etc.); 20 20 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 b. The undiscounted amount of such loss; c. The present value of the dollar amount of such loss; d. The discount rate applied by such persons to determine present value and the reason for such rate; e. The number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of that number of years; 21 21 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 f. With regard to testing concerning growth of future income on an annual or other basis at a projected rate of income greater earned by the plaintiff when last employed, state the growth rate for such income as estimated by such person, the opinions and facts on which that estimate is based, and specify the publication and location by the defendant; g. Specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify specifically the source material and page number on which such person bases his opinion or draws the facts on which he relief; h. With regard to any information secured from any text, publication, graph, chart or study other than as already designated specify such source material and page numbers; i. In detail, state precisely the manner in which the person reached his or her conclusions, showing the mathematical calculations involved; j. With regard to any report, memoranda, or any other matter in writing showing in whole or in part the expert’s conclusions or the facts upon which such conclusions were based, state the date of such writing and the names and addresses of person(s) having copies of it. This notice is a continuing demand for the information requested concerning an expert’s testimony at trial. Failure to comply with demand shall be grounds upon which to preclude you from introducing the expert’s testimony at trial for such expert whose name, qualifications, subject matter of testimony, substance of the facts and opinions of the expert’s testimony and the materials upon which the expert’s testimony is based; striking the complaint, dismissing the action and for such other relief as the Court deems just and proper. DATED: Hauppauge, New York April 27, 2017 Yours, etc. Dennis M. Brown Suffolk County Attorney Attorney for Defendant County of Suffolk H. Lee Dennison Building 22 22 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788-0099 (631) 853-4049 BY: Christopher A. Jeffreys Assistant County Attorney TO: SEE ANNEXED RIDER 23 23 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE SCHULMAN, COMBINED DEMAND AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; OLGA FOR DISCOVERY AND LIPETS; MINDY GRABINA, AS INSPECTION ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, -against- Index No. 611214/2015 ULTIMATE CLASS LIMOUSINE INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufacturers, distributors, and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. SIR/MADAM: PLEASE TAKE NOTICE that pursuant to Sections 3101, 3102 and 4545 of the CPLR, you are required to serve upon the undersigned, the following information within 20 days after receipt of this notice: 1. DEMAND FOR ALL PARTIES APPEARING A list of names of all parties that have appeared in this action, together with the names and addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R. 24 24 of 44 FILED: SUFFOLK COUNTY CLERK 04/28/2017 01:52 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 04/28/2017