Preview
FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ALICIA M. ARUNDEL; SUZANNE VERIFIED ANSWER TO
SCHULMAN, as Administratrix of the ARUNDEL AMENDED
ESTATE OF BRITTNEY M. SCHULMAN, COMPLAINT WITH
deceased; OLGA LIPETS; MINDY CROSS COMPLAINT
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 STEVE BARUCH,
Individually; JOELLE DIMONTE; and
MELISSA A. CRAI,
Plaintiffs,
Index No. 609082/2015
-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:
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, 9, 11, 12, 13, and 14 in the Complaint.
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AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
FIRST CAUSE OF ACTION AGAINST DEFENDANT, STEVEN D. ROMEO
(Motor Vehicle Owner and Operator Negligence)
2. Answering paragraph numbered 15of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 14
inclusive, with the same force and effect as if the same were set forth at length herein.
3. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 16, 17, 18, 19, 20, 22, and 23 in the Complaint.
4. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 21 of the Complaint and refers all questions of law to the
Court.
5. Denies allegations contained in paragraphs numbered 24, 26, 27, and 28 of the
Complaint and refers all questions of law to the Court.
6 Denies allegations contained in paragraph numbered 25 of the Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
SECOND CAUSE OF ACTION AGAINST DEFENDANT,
ROMEO DIMON MARINE SERVICES, INC.
(Respondeat Superior)
7. Answering paragraph numbered 29of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 28
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
contained in paragraphs numbered 30, 31, 32, and 33 in the Complaint.
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9. Denies allegations contained in paragraphs numbered 34, 36, 37, and 38 of the
Complaint and refers all questions of law to the Court.
10. Denies allegations contained in paragraph numbered 35 of the Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
THIRD CAUSE OF ACTION AGAINST DEFENDANT,
ROMEO DIMON MARINE SERVICES, INC.
(Negligent Hiring and Retention)
11. Answering paragraph numbered 39 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 38
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 40, and 42 in the Complaint.
13. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 41, 43 of the Complaint and refers all questions of law to the
Court.
14. Denies allegations contained in paragraph numbered 44 of the Complaint.
15. Denies allegations contained in paragraphs numbered 45, 46, and 47 of the
Complaint and refers all questions of law to the Court.
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AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
FOURTH CAUSE OF ACTION AGAINST DEFENDANTS,
CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC..
(Motor Vehicle Owner and Operator Negligence)
16. Answering paragraph numbered 48 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 47
inclusive, with the same force and effect as if the same were set forth at length herein.
17. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 49, 50, 51, 52, 53, 54, 57, and 58 in the Complaint.
18. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 55 and 56 of the Complaint and refers all questions of law to
the Court.
19. Denies allegations contained in paragraphs numbered 59, 61, 62, and 63 of the
Complaint and refers all questions of law to the Court.
20. Denies allegations contained in paragraph numbered 60 of the Complaint.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
FIFTH CAUSE OF ACTION AGAINST DEFENDANT,
ULTIMATE CLASS LIMOUSINE, INC.
(Respondeat Superior)
21. Answering paragraph numbered 64 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 63
inclusive, with the same force and effect as if the same were set forth at length herein.
22. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 65, 66, 67, and 68 in the Complaint.
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23. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 69 of the Complaint and refers all questions of law to the
Court.
24. Denies allegations contained in paragraph numbered 70 of the Complaint.
25. Denies allegations contained in paragraphs numbered 71, 72, and 73 of the
Complaint and refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
SIXTH CAUSE OF ACTION AGAINST DEFENDANT,
ULTIMATE CLASS LIMOUSINE, INC.
(Negligent Hiring and Retention)
26. Answering paragraph numbered 74 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 73
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 75 and 77 in the Complaint.
28. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 76 and 78 of the Complaint and refers all questions of law to
the Court.
29. Denies allegations contained in paragraph numbered 79 of the Complaint.
30. Denies allegations contained in paragraphs numbered 80, 81, and 82 of the
Complaint and refers all questions of law to the Court.
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AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
SEVENTH CAUSE OF ACTION AGAINST DEFENDANT,
ULTIMATE CLASS LIMOUSINE, INC.
(Negligent Entrustment)
31. Answering paragraph numbered 83 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 82
inclusive, with the same force and effect as if the same were set forth at length herein.
32. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 84, 85, 86, 87, 88, and 90 in the Complaint.
33. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 89 of the Complaint and refers all questions of law to the
Court.
34. Denies allegations contained in paragraphs numbered 91 and 92 of the Complaint
and refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
EIGHTH CAUSE OF ACTION AGAINST DEFENDANT,
ROMEO DIMON MARINE SERVICE, INC.
(Negligent Entrustment)
35. Answering paragraph numbered 93 of the Complaint, defendant repeats, reiterates
and realleges each and every admission and denial to the paragraphs numbered 1 through 92
inclusive, with the same force and effect as if the same were set forth at length herein.
36. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 94, 95, 96, 97, 98, and 100 in the Complaint.
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37. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 99 of the Complaint and refers all questions of law to the
Court.
38. Denies allegations contained in paragraphs numbered 101 and 102 of the
Complaint and refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
NINTH CAUSE OF ACTION AGAINST DEFENDANT,
THE COUNTY OF SUFFOLK
(Negligent Traffic Design/Planning/Maintenance)
39. Answering paragraph numbered 103 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 102 inclusive, with the same force and effect as if the same were set forth at length
herein.
40. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 104, 105, 106, and 139 in the Complaint.
41. Denies allegations contained in paragraphs numbered 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 120, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141,
142, 143, 144, and 147 of the Complaint.
42. Denies allegations contained in paragraphs numbered 121, 122, 123, 124, 125,
126, 127, 128, 129, and 130 of the Complaint and refers all questions of law to the Court.
43. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 145 of the Complaint, except admits that on August 28, 2015 a
Notice of Claim was received by the County of Suffolk.
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44. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 148 of the Complaint and refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
TENTH CAUSE OF ACTION AGAINST DEFENDANT,
THE TOWN OF SOUTHOLD
(Negligent Traffic Design/Planning/Maintenance)
45. Answering paragraph numbered 149 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 148 inclusive, with the same force and effect as if the same were set forth at length
herein.
46. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
162, 163, 164, 165, 166, 178, 179, 180, 181, 182, 183, 184, 190, 191, and 192 in the Complaint.
47. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 167, 168, 169, 170, 171, 172, 173, 174, 175, and 193 of the
Complaint and refers all questions of law to the Court.
48. Denies allegations contained in paragraphs numbered 176, 177, 185, 186, 187,
and 188 of the Complaint.
49. Denies allegations contained in paragraph numbered 189 of the Complaint and
refers all questions of law to the Court.
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AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
ELEVENTH CAUSE OF ACTION AGAINST DEFENDANTS,
CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS
LIMOUSINE, INC. and ‘XYZ COMPANIES 1-5”
50. Answering paragraph numbered 194 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 193 inclusive, with the same force and effect as if the same were set forth at length
herein.
51. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206,
207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, and 222 in the Complaint.
52. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraph numbered 208 of the Complaint and refers all questions of law to the
Court.
53. Denies allegations contained in paragraphs numbered 219, 223, and 224 of the
Complaint.
54. Denies allegations contained in paragraph numbered 225 of the Complaint and
refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
TWELVTH CAUSE OF ACTION AGAINST DEFENDANTS,
CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS
LIMOUSINE, INC. and ‘XYZ COMPANIES 1-5”
55. Answering paragraph numbered 226 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
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through 225 inclusive, with the same force and effect as if the same were set forth at length
herein.
56. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,
241, 242, 243, and 244 in the Complaint.
57. Denies allegations contained in paragraphs numbered 239, 240, 245 and 246 of
the Complaint.
58. Denies allegations contained in paragraph numbered 247 of the Complaint and
refers all questions of law to the Court.
AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS
THIRTEENTH CAUSE OF ACTION AGAINST DEFENDANTS,
CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS
LIMOUSINE, INC. and ‘XYZ COMPANIES 1-5”
59. Answering paragraph numbered 248 of the Complaint, defendant repeats,
reiterates and realleges each and every admission and denial to the paragraphs numbered 1
through 247 inclusive, with the same force and effect as if the same were set forth at length
herein.
60. Denies knowledge or information sufficient to form a belief as to allegations
contained in paragraphs numbered 249, 250, 251, 252, and 253 in the Complaint.
61. Denies allegations contained in paragraph numbered 254 of the Complaint and
refers all questions of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
62. The plaintiff’s action as barred by the principles set forth in Weiss v. Fote,
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7 N.Y.2d 579 (1960), and its progeny, concerning liability for conditions that were subject to
traffic study.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
63. 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 THIRD AFFIRMATIVE DEFENSE
64. 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 FOURTH AFFIRMATIVE DEFENSE
65. That the Court lacks jurisdiction over this action in that plaintiff has not sustained
"serious injury" as defined by Section 5102(d) of the Insurance Law.
66. That the complaint fails to state a cause of action as defined by Article 51 of the
Insurance Law and as required by the CPLR.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
67. That plaintiff(s) failed to make use of seat belts in the car plaintiff(s) occupied.
68. That by reason thereof, plaintiffs' damages were aggravated and enhanced.
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69 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 SIXTH AFFIRMATIVE DEFENSE
70. 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
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 SEVENTH AFFIRMATIVE DEFENSE
71. 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 AN EIGHTH AFFIRMATIVE DEFENSE
72. That this action is barred by the doctrines of qualified and/or absolute
governmental immunity for discretionary acts.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
73. That the complaint fails to state a claim upon which relief can be granted.
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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:
74. 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
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.
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DATED: Hauppauge, New York
June 21, 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
June 21, 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 the DEMAND FOR VERIFIED
ESTATE OF BRITTNEY M. SCHULMAN, BILL OF PARTICULARS
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 STEVE BARUCH,
Individually; JOELLE DIMONTE; and
MELISSA A. CRAI,
Plaintiffs,
-against-
Index No. 609082/2015
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. The exact date and approximate time of day of the occurrence.
2. State the location of the accident in sufficient detail to permit identification.
3. State whether it is claimed that defendant(s) had notice of the condition
complained of and if so, state whether actual or constructive notice is claimed; if
constructive notice is claimed, state for how long plaintiff(s) claims the alleged
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condition existed before the alleged accident; if actual notice is claimed, state by
whom and to whom such notice was allegedly given and the place and time it was
given and whether oral or written and, if written, set forth a copy thereof.
4. Describe the particular portion of the roadway or area where plaintiff(s) allegedly
fell, in sufficient detail to permit identification of the area and that portion thereon
where plaintiff(s) allegedly fell.
5. State the nature of the defective or negligent condition complained of and state its
approximate location given distance and direction from the curb or the adjoining
building and specifying from which points said distances and directions are given.
6. State the length, depth and width of the hole or defect in the roadway and/or area.
7. State in what respect it is alleged the defendant(s) carelessly and negligently
maintained, repaired, and/or controlled said public roadway and/or area where
plaintiff(s) fell.
8. The direction in which the plaintiff(s) was moving immediately prior to the
accident.
9. The exact manner in which the accident is alleged to have occurred.
10. The present residence address of plaintiff(s).
11. Set forth the age and date of birth of each of the plaintiff(s).
12. Statement and description of the injuries alleged to have been sustained.
13. Specifically indicate injuries claimed to be permanent.
14. Length of time, if any, plaintiff(s) was incapacitated from employment or
occupation or school.
15. Length of time, if any, plaintiff(s) was incapacitated to (bed)(house).
16. State the usual business or occupation for each of the plaintiffs and plaintiffs
salary or income, if any, per day, week or month.
17. If it is claimed plaintiff(s) was a student at the time of the accident, set forth the
name and address of said school, the grade or year plaintiff(s) was attending and
the time lost from school setting forth the exact days or weeks, giving the dates
thereof.
18. Set forth the statutes or ordinances alleged to have been violated by the
defendant(s) designating by chapter, article, division, subdivision, section,
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paragraph and otherwise the particular portions and provisions of the specific
laws, ordinances, rules and regulations allegedly violated by defendant(s).
19. 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.
20. If the answer to the preceding demand is yes, specify the cost or expense
reimbursed, the amount of the reimbursements and the source.
21. State whether plaintiff(s) 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.
22. With respect to any collateral source payment claimed, state whether plaintiff(s)
claims to have paid a premium for the collateral source benefit and specify the
amount of the premium paid by plaintiff(s) for the two years preceding the
accident.
23. With respect to any collateral source payment claimed for which plaintiff(s) paid
a premium, specify the projected future cost to the plaintiff(s) of maintaining the
benefit.
24. Set forth plaintiff(s) social security number.
25. The names and addresses of all physicians or other health care providers of every
description who have consulted, examined or treated the plaintiff for each of the
conditions allegedly caused by, or exacerbated by, the occurrence described in the
complaint including the date of such treatment or examination.
26. Total amounts, if any, claimed as special damages by reason of (a) physician’s
services; (b) medical supplies; (c) x-rays; (d) hospital expenses; (e) nurse’s
services; (f) loss of earnings with name and address of employer. If self-
employed, so state, indicating the name and address under which plaintiff(s) is
doing business, and any financial loss alleged, and how computed; (g) any other
item of damage.
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.
DATED: Hauppauge, New York
June 21, 2017
Yours, etc.
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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. SCHULMAN, ECONOMIC EXPERTS
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 STEVE BARUCH,
Individually; JOELLE DIMONTE; and
MELISSA A. CRAI,
Plaintiffs,
-against-
Index No. 609082/2015
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.);
b. The undiscounted amount of such loss;
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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;
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
Preview
FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE VERIFIED ANSWER TO SCHULMAN, as Administratrix of the ARUNDEL AMENDED ESTATE OF BRITTNEY M. SCHULMAN, COMPLAINT WITH deceased; OLGA LIPETS; MINDY CROSS COMPLAINT 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 STEVE BARUCH, Individually; JOELLE DIMONTE; and MELISSA A. CRAI, Plaintiffs, Index No. 609082/2015 -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: 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, 9, 11, 12, 13, and 14 in the Complaint. 1 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS FIRST CAUSE OF ACTION AGAINST DEFENDANT, STEVEN D. ROMEO (Motor Vehicle Owner and Operator Negligence) 2. Answering paragraph numbered 15of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 14 inclusive, with the same force and effect as if the same were set forth at length herein. 3. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 16, 17, 18, 19, 20, 22, and 23 in the Complaint. 4. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 21 of the Complaint and refers all questions of law to the Court. 5. Denies allegations contained in paragraphs numbered 24, 26, 27, and 28 of the Complaint and refers all questions of law to the Court. 6 Denies allegations contained in paragraph numbered 25 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS SECOND CAUSE OF ACTION AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICES, INC. (Respondeat Superior) 7. Answering paragraph numbered 29of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 28 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 contained in paragraphs numbered 30, 31, 32, and 33 in the Complaint. 2 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 9. Denies allegations contained in paragraphs numbered 34, 36, 37, and 38 of the Complaint and refers all questions of law to the Court. 10. Denies allegations contained in paragraph numbered 35 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS THIRD CAUSE OF ACTION AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICES, INC. (Negligent Hiring and Retention) 11. Answering paragraph numbered 39 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 38 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 40, and 42 in the Complaint. 13. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 41, 43 of the Complaint and refers all questions of law to the Court. 14. Denies allegations contained in paragraph numbered 44 of the Complaint. 15. Denies allegations contained in paragraphs numbered 45, 46, and 47 of the Complaint and refers all questions of law to the Court. 3 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS FOURTH CAUSE OF ACTION AGAINST DEFENDANTS, CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC.. (Motor Vehicle Owner and Operator Negligence) 16. Answering paragraph numbered 48 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 47 inclusive, with the same force and effect as if the same were set forth at length herein. 17. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 49, 50, 51, 52, 53, 54, 57, and 58 in the Complaint. 18. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 55 and 56 of the Complaint and refers all questions of law to the Court. 19. Denies allegations contained in paragraphs numbered 59, 61, 62, and 63 of the Complaint and refers all questions of law to the Court. 20. Denies allegations contained in paragraph numbered 60 of the Complaint. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS FIFTH CAUSE OF ACTION AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC. (Respondeat Superior) 21. Answering paragraph numbered 64 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 63 inclusive, with the same force and effect as if the same were set forth at length herein. 22. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 65, 66, 67, and 68 in the Complaint. 4 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 23. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 69 of the Complaint and refers all questions of law to the Court. 24. Denies allegations contained in paragraph numbered 70 of the Complaint. 25. Denies allegations contained in paragraphs numbered 71, 72, and 73 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS SIXTH CAUSE OF ACTION AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC. (Negligent Hiring and Retention) 26. Answering paragraph numbered 74 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 73 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 75 and 77 in the Complaint. 28. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 76 and 78 of the Complaint and refers all questions of law to the Court. 29. Denies allegations contained in paragraph numbered 79 of the Complaint. 30. Denies allegations contained in paragraphs numbered 80, 81, and 82 of the Complaint and refers all questions of law to the Court. 5 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS SEVENTH CAUSE OF ACTION AGAINST DEFENDANT, ULTIMATE CLASS LIMOUSINE, INC. (Negligent Entrustment) 31. Answering paragraph numbered 83 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 82 inclusive, with the same force and effect as if the same were set forth at length herein. 32. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 84, 85, 86, 87, 88, and 90 in the Complaint. 33. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 89 of the Complaint and refers all questions of law to the Court. 34. Denies allegations contained in paragraphs numbered 91 and 92 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS EIGHTH CAUSE OF ACTION AGAINST DEFENDANT, ROMEO DIMON MARINE SERVICE, INC. (Negligent Entrustment) 35. Answering paragraph numbered 93 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 92 inclusive, with the same force and effect as if the same were set forth at length herein. 36. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 94, 95, 96, 97, 98, and 100 in the Complaint. 6 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 37. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 99 of the Complaint and refers all questions of law to the Court. 38. Denies allegations contained in paragraphs numbered 101 and 102 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS NINTH CAUSE OF ACTION AGAINST DEFENDANT, THE COUNTY OF SUFFOLK (Negligent Traffic Design/Planning/Maintenance) 39. Answering paragraph numbered 103 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 102 inclusive, with the same force and effect as if the same were set forth at length herein. 40. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 104, 105, 106, and 139 in the Complaint. 41. Denies allegations contained in paragraphs numbered 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, and 147 of the Complaint. 42. Denies allegations contained in paragraphs numbered 121, 122, 123, 124, 125, 126, 127, 128, 129, and 130 of the Complaint and refers all questions of law to the Court. 43. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 145 of the Complaint, except admits that on August 28, 2015 a Notice of Claim was received by the County of Suffolk. 7 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 44. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 148 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS TENTH CAUSE OF ACTION AGAINST DEFENDANT, THE TOWN OF SOUTHOLD (Negligent Traffic Design/Planning/Maintenance) 45. Answering paragraph numbered 149 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 148 inclusive, with the same force and effect as if the same were set forth at length herein. 46. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 178, 179, 180, 181, 182, 183, 184, 190, 191, and 192 in the Complaint. 47. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 167, 168, 169, 170, 171, 172, 173, 174, 175, and 193 of the Complaint and refers all questions of law to the Court. 48. Denies allegations contained in paragraphs numbered 176, 177, 185, 186, 187, and 188 of the Complaint. 49. Denies allegations contained in paragraph numbered 189 of the Complaint and refers all questions of law to the Court. 8 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS ELEVENTH CAUSE OF ACTION AGAINST DEFENDANTS, CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS LIMOUSINE, INC. and ‘XYZ COMPANIES 1-5” 50. Answering paragraph numbered 194 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 193 inclusive, with the same force and effect as if the same were set forth at length herein. 51. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, and 222 in the Complaint. 52. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraph numbered 208 of the Complaint and refers all questions of law to the Court. 53. Denies allegations contained in paragraphs numbered 219, 223, and 224 of the Complaint. 54. Denies allegations contained in paragraph numbered 225 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS TWELVTH CAUSE OF ACTION AGAINST DEFENDANTS, CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS LIMOUSINE, INC. and ‘XYZ COMPANIES 1-5” 55. Answering paragraph numbered 226 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 9 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 through 225 inclusive, with the same force and effect as if the same were set forth at length herein. 56. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 241, 242, 243, and 244 in the Complaint. 57. Denies allegations contained in paragraphs numbered 239, 240, 245 and 246 of the Complaint. 58. Denies allegations contained in paragraph numbered 247 of the Complaint and refers all questions of law to the Court. AS AND FOR DEFENDANTS ANSWER TO PLAINTIFFS THIRTEENTH CAUSE OF ACTION AGAINST DEFENDANTS, CABOT COACH BUILDERS, INC., D/B/A ROYALE LIMOUSINE, ULTIMATE CLASS LIMOUSINE, INC. and ‘XYZ COMPANIES 1-5” 59. Answering paragraph numbered 248 of the Complaint, defendant repeats, reiterates and realleges each and every admission and denial to the paragraphs numbered 1 through 247 inclusive, with the same force and effect as if the same were set forth at length herein. 60. Denies knowledge or information sufficient to form a belief as to allegations contained in paragraphs numbered 249, 250, 251, 252, and 253 in the Complaint. 61. Denies allegations contained in paragraph numbered 254 of the Complaint and refers all questions of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 62. The plaintiff’s action as barred by the principles set forth in Weiss v. Fote, 10 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 7 N.Y.2d 579 (1960), and its progeny, concerning liability for conditions that were subject to traffic study. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 63. 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 THIRD AFFIRMATIVE DEFENSE 64. 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 FOURTH AFFIRMATIVE DEFENSE 65. That the Court lacks jurisdiction over this action in that plaintiff has not sustained "serious injury" as defined by Section 5102(d) of the Insurance Law. 66. That the complaint fails to state a cause of action as defined by Article 51 of the Insurance Law and as required by the CPLR. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 67. That plaintiff(s) failed to make use of seat belts in the car plaintiff(s) occupied. 68. That by reason thereof, plaintiffs' damages were aggravated and enhanced. 11 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 69 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 SIXTH AFFIRMATIVE DEFENSE 70. 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 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 SEVENTH AFFIRMATIVE DEFENSE 71. 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 AN EIGHTH AFFIRMATIVE DEFENSE 72. That this action is barred by the doctrines of qualified and/or absolute governmental immunity for discretionary acts. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 73. That the complaint fails to state a claim upon which relief can be granted. 12 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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: 74. 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 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. 13 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 DATED: Hauppauge, New York June 21, 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 14 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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 15 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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 16 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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 17 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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 18 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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 June 21, 2017 /s/Christopher A. Jeffreys Christopher A. Jeffreys Assistant County Attorney 19 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Administratrix of the DEMAND FOR VERIFIED ESTATE OF BRITTNEY M. SCHULMAN, BILL OF PARTICULARS 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 STEVE BARUCH, Individually; JOELLE DIMONTE; and MELISSA A. CRAI, Plaintiffs, -against- Index No. 609082/2015 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. The exact date and approximate time of day of the occurrence. 2. State the location of the accident in sufficient detail to permit identification. 3. State whether it is claimed that defendant(s) had notice of the condition complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff(s) claims the alleged 20 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given and whether oral or written and, if written, set forth a copy thereof. 4. Describe the particular portion of the roadway or area where plaintiff(s) allegedly fell, in sufficient detail to permit identification of the area and that portion thereon where plaintiff(s) allegedly fell. 5. State the nature of the defective or negligent condition complained of and state its approximate location given distance and direction from the curb or the adjoining building and specifying from which points said distances and directions are given. 6. State the length, depth and width of the hole or defect in the roadway and/or area. 7. State in what respect it is alleged the defendant(s) carelessly and negligently maintained, repaired, and/or controlled said public roadway and/or area where plaintiff(s) fell. 8. The direction in which the plaintiff(s) was moving immediately prior to the accident. 9. The exact manner in which the accident is alleged to have occurred. 10. The present residence address of plaintiff(s). 11. Set forth the age and date of birth of each of the plaintiff(s). 12. Statement and description of the injuries alleged to have been sustained. 13. Specifically indicate injuries claimed to be permanent. 14. Length of time, if any, plaintiff(s) was incapacitated from employment or occupation or school. 15. Length of time, if any, plaintiff(s) was incapacitated to (bed)(house). 16. State the usual business or occupation for each of the plaintiffs and plaintiffs salary or income, if any, per day, week or month. 17. If it is claimed plaintiff(s) was a student at the time of the accident, set forth the name and address of said school, the grade or year plaintiff(s) was attending and the time lost from school setting forth the exact days or weeks, giving the dates thereof. 18. Set forth the statutes or ordinances alleged to have been violated by the defendant(s) designating by chapter, article, division, subdivision, section, 21 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendant(s). 19. 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. 20. If the answer to the preceding demand is yes, specify the cost or expense reimbursed, the amount of the reimbursements and the source. 21. State whether plaintiff(s) 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. 22. With respect to any collateral source payment claimed, state whether plaintiff(s) claims to have paid a premium for the collateral source benefit and specify the amount of the premium paid by plaintiff(s) for the two years preceding the accident. 23. With respect to any collateral source payment claimed for which plaintiff(s) paid a premium, specify the projected future cost to the plaintiff(s) of maintaining the benefit. 24. Set forth plaintiff(s) social security number. 25. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint including the date of such treatment or examination. 26. Total amounts, if any, claimed as special damages by reason of (a) physician’s services; (b) medical supplies; (c) x-rays; (d) hospital expenses; (e) nurse’s services; (f) loss of earnings with name and address of employer. If self- employed, so state, indicating the name and address under which plaintiff(s) is doing business, and any financial loss alleged, and how computed; (g) any other item of damage. 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. DATED: Hauppauge, New York June 21, 2017 Yours, etc. 22 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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 23 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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. SCHULMAN, ECONOMIC EXPERTS 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 STEVE BARUCH, Individually; JOELLE DIMONTE; and MELISSA A. CRAI, Plaintiffs, -against- Index No. 609082/2015 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.); b. The undiscounted amount of such loss; 24 of 47 FILED: SUFFOLK COUNTY CLERK 06/22/2017 02:49 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 06/22/2017 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; 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