Tony has already had a business dispute with Phil, who is now the acting boss of the Lupertazzi crime family. When they meet again, Phil is very angry that Vito is back in town. They argue and Tony walks away. He later decides, "I can't keep fighting Phil on this. Vito's gotta go." He plans it. However, when Vito returns that night to his motel room, he is ambushed by New York mobsters "Fat Dom" and Gerry Torciano, who knock him down and duct-tape his mouth. Vito mutely pleads for his life as Phil appears from the closet and watches Dom and Gerry beat him to death with batons.