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FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
TIOGA COUNTY
_____________________________________________________Ç
NADEZHDAZAYTSEVA, :
Administratrix of the Estate of Irina A. :
Zaytseva, deceased, :
Plaintiff(s), : SUMMONS
v. Tioga County
SCOTT J. MACDONALD; DOREEN
MACDONALD; EARLE R. HILL, III;
and ANDREW D. TIFT,
Defendants.
--________________-..--....-------------X
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiff's attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or, within thirty (30) days after completion of service where service is made in any
other manner. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Dated: New York, New York
December 22, 2022 KEVlN M. BERRY, ESQ.
Wilentz, Goldman & Spitzer, P.A.
14 Wall Street, Suite 6B
New York, New York 10005
646.746.8914
Attorneys for Plaintiff(s)
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TO:
Scott J. MacDonald
338 Hillside Terr.
Endwell, NY 13760
Doreen MacDonald
338 Hillside Terr.
Endwell, NY 13760
Earle R. Hill, Ill.
1350 Chenango St.
Binghamton, NY 13901
Andrew D. Tift
129 Rosedale Dr.
Binghamton, NY J 3905
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SUPREME COURT OF THE STATE OF NEW YORK
TIOGA COUNTY
_____________________________________________________Ç
NADEZHDA ZAYTSEVA, :
Administratrix of the Estate of Irina A. :
Zaytseva, deceased, :
:
Plaintiff(s), : VERIFIED COMPLAINT
:
v. :
SCOTT J. MACDONALD; DOREEN :
MACDONALD; EARLE R. HILL, III; :
and ANDREW D. TIFT,
Defendants.
...__________________________________-______________Ç
Plaintiff, ZADEZHDA ZAYTSEVA, as Administratrix of the Estate of Irina A.
Zaytseva, deceased, by and through her attorney, Kevin M. Berry, Esq., of Wilentz, Goldman
and Spitzer, P.A., 14 Wall Street, Suite 6B, New York, New York 10005, by way of Complaint
against Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL,
III;and ANDREW D. TIFT, alleges, UPON INFORMATION AND BELIEF, as follows:
AS FOR PLAINTIFF'S FIRST CAUSE OF ACTION
1. At all times relevant to the events described in this Complaint, Plaintiff,
NADEZHDA ZAYTSEVA ("Plaintiff"), Administratrix ofthe Estate ofIrina A. Zaytseva, has
resided at 19B Hastings Avenue, Rutherford, New Jersey, 07070.
2. At all times relevant to the events described in this Complaint, IRINA A.
ZAYTSEVA ("Decedent"), has resided at 3065 State Route 38B, Newark Valley, New York
13811.
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3. At all times relevant to the events described in this Complaint, SCOTT J.
MACDONALD and DOREEN MACDONALD ("Defendants") have resided at 338 Hillside
Terrace, Endwell, New York 13760.
4. At all times relevant to the events described in this Complaint, EARLE R. HILL,
("Defendant" "Defendants"
III, and/or collectively) has resided at 1350 Chenango Street,
Binghamton, New York 13901.
5. At alltimes relevant to the events described in this Complaint, ANDREW D. TIFT,
("Defendant" "Defendants"
and/or collectively) has resided at 129 Rosedale Drive,
Binghamton, New York, 13905.
6. At alltimes relevant to the events described in this Complaint, Defendants, SCOTT
J. MACDONALD and DOREEN MACDONALD owned a 2017 GMC Pick-up Truck (the
"GMC Truck") registered to the State of New York, bearing license plate number GVH3925.
7. At alltimes relevant to the events described in this Complaint, Defendants, SCOTT
J.MACDONALD and DOREEN MACDONALD were the owner(s)/operator(s) of the GMC
Truck.
8. At all times relevant to the events described in this Complaint, Defendant,
ANDREW D. TIFT was the owner of a 2019 Ford sedan (the "Ford sedan") registered to the
State of New York, bearing license plate number GWA3614.
9. At all times relevant to the events described in this Complaint, Defendant, EARLE
R. HILL, III, was the operator of the Ford sedan registered by Defendant, ANDREW D. TIFT,
to the State of New York, bearing license plate number GWA3614.
10. Based upon information and belief, on or about the evening of January 4, 2021, at
approximately 4:45 p.m., Decedent, IRINA A. ZAYTSEVA, was a pedestrian who was
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crossing State Route 38B in Newark Valley, New York, Tioga County, in a southwesterly
direction to check her mail.
11. Based upon infonnation and belief, on or about the same time, EARLE R. HILL,
III ("Driver 1") was operating the Ford sedan traveling southeast on State Route 38B, 300 feet
Southeast of Snapp Road in Newark Valley, New York, Tioga County, when he carelessly,
negligently, recklessly, wantonly and/or willfully operated the Ford sedan by losing and/or
failing to maintain control of same, failing to maintain a safe rate of speed, failing to make
observations, failing to safely change lanes, and/or failing to bring his respective vehicle to
rest in a safe location, which in turn caused the Ford sedan to violently strike Decedent, IRINA
A. ZAYTSEVA, with the front driver's side of his vehicle at or near State Route 38B and its
intersection with Snapp Road in Newark Valley, New York, Tioga County.
12. Based upon information and belief, subsequent to being stricken by Driver 1 and
approximately 10 to 15 seconds later, Defendants, SCOTT J. MACDONALD and DOREEN
MACDONALD were traveling southeast on State Route 38B, 300 feet Southeast of Snapp
Road in Newark Valley, New York, Tioga County, when Defendants, SCOTT J.
MACDONALD and DOREEN MACDONALD carelessly, negligently, recklessly, wantonly
and/or willfully operated the GMC Truck by losing and/or failing to maintain control of same,
failing to maintain a safe rate of speed, failing to make observations, failing to safely change
lanes, and/or failing to bring their respective vehicle to rest in a safe location, which in turn
caused the GMC Truck to violently strike and/or run over Decedent, IRINA A. ZAYTSEVA,
at or near State Route 38B and itsintersection with Snapp Road in Newark Valley, New York,
Tioga County.
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13. Based upon information and belief, following the two collisions involving the Ford
sedan owned by Defendant, ANDREW D. TIFT and operated by Defendant, EARLE R. HILL,
III;and the GMC Pick-up, owned and/or operated by Defendants, SCOTT J.MACDONALD
and DOREEN MACDONALD, Decedent was found lying in the southeast bound lane of State
Route 38B and its intersection with Snapp Road in Newark Valley, New York, Tioga County.
14. Based upon information and belief, Defendant, EARLE R. HILL, III, violated VTL
Section 605 by failing to file a motor vehicle accident report within ten (10) days of the
collision.
15. As a direct and proximate result of the careless, negligent, reckless, wanton and/or
willful conduct of Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD;
EARLE R. HILL, III; and ANDREW D. TIFT, Decedent, IRINA A. ZAYTSEVA, suffered
catastrophic bodily injury, endured conscious excruciating pain, anguish, suffering, sense,
perception, pre-impact terror, understanding of impending death and loss of enjoyment of life.
16. As a direct and proximate result of the careless, negligent, reckless, wanton and/or
willful conduct of Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD;
EARLE R. HILL, III; and ANDREW D. TIFT, Decedent, IRINA A. ZAYTSEVA, suffered a
premature and untimely death on January 4, 2021.
17. By reason of the foregoing, pursuant to CPLR 3017(c), Plaintiff, ZADEZHDA
ZAYTSEVA, and the other next of kin of Decedent are entitled to recover from Defendants,
SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, Ill;and ANDREW
D. TIFT, all damages recoverable in a wrongful death action under EPTL 5-4.1 through 5-4.5
and related provisions, the amount of which exceeds thejurisdictional limits ofall lower courts,
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including pecuniary damages for loss of support, voluntary assistance, possible inheritance,
medical expenses incident to death and/or funeral expenses.
18. As a direct and proximate result of the wrongful acts of Defendants, SCOTT J.
MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III;and ANDREW D. TIFT,
Plaintiff, NADEZHDA ZAYTSEVA, and other next of kin of Plaintiff's Decedent, IRINA A.
ZAYTSEVA, sustained damages, including but not limited to,a deprivation of the reasonable
life expectancy of pecuniary advantage which would have resulted by a continuance of the life
of Decedent, IRINA A. ZAYTSEVA, and other economic damages, including the value of the
loss of Decedent's support, comfort, companionship, guidance, advice, love and affection,
pursuant to EPTL 5-4.1 through 5-4.5 and related provisions, which exceeds the jurisdictional
limits of all lower courts.
19. Upon information and belief, by reason of the foregoing, Plaintiff, NADEZHDA
ZAYTSEVA, as Administratrix of the Estate of Irina A. Zaytseva, deceased, and other next of
kin of Plaintiff's Decedent, IRINA A. ZAYTSEVA, have sustained severe and significant
pecuniary loss in a substantial sum of money to be determined by the Court and Jury.
AS FOR PLAINTIFF'S SECOND CAUSE OF ACTION
20. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth above
as if set forth in full herein.
21. At all times relevant to this action, Newark Valley, Tioga County, was a
borough/county within the State of New York.
22. Upon information and belief, Decedent, IRINA A. ZAYTSEVA, did not contribute
to the happening of the subject motor vehicle accident.
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23. Upon information and belief, by reason of the foregoing, Defendants, SCOTT J.
MACDONALD; DOREEN MACDONALD; ˆARLE R. HILL, 111; and ANDREW D. TIFT, are
jointly and/or severally liable pursuant to the exceptions set forth in Article 16 of the CPLR.
24. Upon information and belief, by reason of the foregoing, Decedent, IRINA A.
ZAYTSEVA, was caused to endure severe and significant conscious pain and suffering together
with physical and emotional anguish and distress up until the time of her death.
25. By reason of the foregoing, pursuant to CPLR 3017(c), Plaintiff, ZADEZHDA
ZAYTSEVA, and the other next of kin of Decedent are entitled to recover from Defendants,
SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III; and ANDREW D.
TIFT, all damages recoverable in a wrongful death action under EPTL 5-4.1 through 5-4.5 and
related provisions, the amount of which exceeds the jurisdictional limits of all lower courts.
26. By reason of the foregoing, Plaintiff, ZADEZHDA ZAYTSEVA, and the other next
of kin of Plaintiff's Decedent have suffered significant pecuniary loss and have been deprived of
Decedent's support, comfort, companionship, guidance, advice, love and/or affection, all to their
damage in a substantial sum of money which exceeds the jurisdictional limits of all lower courts,
including pecuniary damages for loss of support, voluntary assistance, possible inheritance,
medical expenses incident to death and/or funeral expenses.
WHEREFORE, Plaintiff, ZADEZHDA ZAYTSEVA, as Administratrix of the
Estate of Irina A. Zaytseva, demands judgment pursuant to CPLR 3017(c) and any other
controlling statute or case law, against the Defendants herein, on allof the aforementioned causes
of action, and demands that she be awarded all damages and relief to which Plaintiff and the other
next of kin of Plaintiff's Decedent are entitled in a Wrongful Death Action, in an amount to be
determined upon the trialof this action, together with interest, costs, disbursements, attorney's
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fees, and such other, further, or different relief that the Court may deem just, proper, and equitable
under the circumstances, in a sum exceeding the jurisdictional limits of alllower courts that would
otherwise have jurisdiction.
JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.
Dated: New York, New York
December 22, 2022
KEVIN M. BERRY, ESQ.
Wilentz, Goldman & Spitzer, P.A.
14 Wall Street, Suite 6B
New York, New York 10005
646.746.8914
Attotneys for Plaintiff(s)
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VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
KEVIN M. BERRY, being duly sworn, deposes and says that he is a
partner with the law firm of Wilentz, Goldman & Spitzer, P.A., that
plaintiffs'
he has read the foregoing Verified Complaint and knows
the contents thereof, and that the same is true to his own knowledge,
except as to the matters therein stated to be alleged on information
and belief, and that as to those matters, he believes it to be true.
The sources of his information are records in the file and an
investigation caused to be made with respect to the facts in this
action and the statements of plaintiffs. The reason this
verification is made by deponent, and not by the plaintiffs, is
because the plaintiffs do not reside within the County where their
attorneys have an office.
KEVIN M. BERRY
Sworn to and subscribed before me
22"d of
this day December 2022
NOT FUBLIC
ANITA ARROYO
Notary Public, Slale of New York
No. 01ARB0M727
QuaMed in IGngsCounty
November7, 20_
Commission Bpires
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FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 SUPREME COURT OF THE STATE OF NEW YORK TIOGA COUNTY _____________________________________________________Ç NADEZHDAZAYTSEVA, : Administratrix of the Estate of Irina A. : Zaytseva, deceased, : Plaintiff(s), : SUMMONS v. Tioga County SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III; and ANDREW D. TIFT, Defendants. --________________-..--....-------------X To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's attorneys within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December 22, 2022 KEVlN M. BERRY, ESQ. Wilentz, Goldman & Spitzer, P.A. 14 Wall Street, Suite 6B New York, New York 10005 646.746.8914 Attorneys for Plaintiff(s) #13533114.1 1 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 TO: Scott J. MacDonald 338 Hillside Terr. Endwell, NY 13760 Doreen MacDonald 338 Hillside Terr. Endwell, NY 13760 Earle R. Hill, Ill. 1350 Chenango St. Binghamton, NY 13901 Andrew D. Tift 129 Rosedale Dr. Binghamton, NY J 3905 #13533114.1 2 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 SUPREME COURT OF THE STATE OF NEW YORK TIOGA COUNTY _____________________________________________________Ç NADEZHDA ZAYTSEVA, : Administratrix of the Estate of Irina A. : Zaytseva, deceased, : : Plaintiff(s), : VERIFIED COMPLAINT : v. : SCOTT J. MACDONALD; DOREEN : MACDONALD; EARLE R. HILL, III; : and ANDREW D. TIFT, Defendants. ...__________________________________-______________Ç Plaintiff, ZADEZHDA ZAYTSEVA, as Administratrix of the Estate of Irina A. Zaytseva, deceased, by and through her attorney, Kevin M. Berry, Esq., of Wilentz, Goldman and Spitzer, P.A., 14 Wall Street, Suite 6B, New York, New York 10005, by way of Complaint against Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III;and ANDREW D. TIFT, alleges, UPON INFORMATION AND BELIEF, as follows: AS FOR PLAINTIFF'S FIRST CAUSE OF ACTION 1. At all times relevant to the events described in this Complaint, Plaintiff, NADEZHDA ZAYTSEVA ("Plaintiff"), Administratrix ofthe Estate ofIrina A. Zaytseva, has resided at 19B Hastings Avenue, Rutherford, New Jersey, 07070. 2. At all times relevant to the events described in this Complaint, IRINA A. ZAYTSEVA ("Decedent"), has resided at 3065 State Route 38B, Newark Valley, New York 13811. #13533114.1 3 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 3. At all times relevant to the events described in this Complaint, SCOTT J. MACDONALD and DOREEN MACDONALD ("Defendants") have resided at 338 Hillside Terrace, Endwell, New York 13760. 4. At all times relevant to the events described in this Complaint, EARLE R. HILL, ("Defendant" "Defendants" III, and/or collectively) has resided at 1350 Chenango Street, Binghamton, New York 13901. 5. At alltimes relevant to the events described in this Complaint, ANDREW D. TIFT, ("Defendant" "Defendants" and/or collectively) has resided at 129 Rosedale Drive, Binghamton, New York, 13905. 6. At alltimes relevant to the events described in this Complaint, Defendants, SCOTT J. MACDONALD and DOREEN MACDONALD owned a 2017 GMC Pick-up Truck (the "GMC Truck") registered to the State of New York, bearing license plate number GVH3925. 7. At alltimes relevant to the events described in this Complaint, Defendants, SCOTT J.MACDONALD and DOREEN MACDONALD were the owner(s)/operator(s) of the GMC Truck. 8. At all times relevant to the events described in this Complaint, Defendant, ANDREW D. TIFT was the owner of a 2019 Ford sedan (the "Ford sedan") registered to the State of New York, bearing license plate number GWA3614. 9. At all times relevant to the events described in this Complaint, Defendant, EARLE R. HILL, III, was the operator of the Ford sedan registered by Defendant, ANDREW D. TIFT, to the State of New York, bearing license plate number GWA3614. 10. Based upon information and belief, on or about the evening of January 4, 2021, at approximately 4:45 p.m., Decedent, IRINA A. ZAYTSEVA, was a pedestrian who was #13533114.1 4 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 crossing State Route 38B in Newark Valley, New York, Tioga County, in a southwesterly direction to check her mail. 11. Based upon infonnation and belief, on or about the same time, EARLE R. HILL, III ("Driver 1") was operating the Ford sedan traveling southeast on State Route 38B, 300 feet Southeast of Snapp Road in Newark Valley, New York, Tioga County, when he carelessly, negligently, recklessly, wantonly and/or willfully operated the Ford sedan by losing and/or failing to maintain control of same, failing to maintain a safe rate of speed, failing to make observations, failing to safely change lanes, and/or failing to bring his respective vehicle to rest in a safe location, which in turn caused the Ford sedan to violently strike Decedent, IRINA A. ZAYTSEVA, with the front driver's side of his vehicle at or near State Route 38B and its intersection with Snapp Road in Newark Valley, New York, Tioga County. 12. Based upon information and belief, subsequent to being stricken by Driver 1 and approximately 10 to 15 seconds later, Defendants, SCOTT J. MACDONALD and DOREEN MACDONALD were traveling southeast on State Route 38B, 300 feet Southeast of Snapp Road in Newark Valley, New York, Tioga County, when Defendants, SCOTT J. MACDONALD and DOREEN MACDONALD carelessly, negligently, recklessly, wantonly and/or willfully operated the GMC Truck by losing and/or failing to maintain control of same, failing to maintain a safe rate of speed, failing to make observations, failing to safely change lanes, and/or failing to bring their respective vehicle to rest in a safe location, which in turn caused the GMC Truck to violently strike and/or run over Decedent, IRINA A. ZAYTSEVA, at or near State Route 38B and itsintersection with Snapp Road in Newark Valley, New York, Tioga County. #13533114.1 5 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 13. Based upon information and belief, following the two collisions involving the Ford sedan owned by Defendant, ANDREW D. TIFT and operated by Defendant, EARLE R. HILL, III;and the GMC Pick-up, owned and/or operated by Defendants, SCOTT J.MACDONALD and DOREEN MACDONALD, Decedent was found lying in the southeast bound lane of State Route 38B and its intersection with Snapp Road in Newark Valley, New York, Tioga County. 14. Based upon information and belief, Defendant, EARLE R. HILL, III, violated VTL Section 605 by failing to file a motor vehicle accident report within ten (10) days of the collision. 15. As a direct and proximate result of the careless, negligent, reckless, wanton and/or willful conduct of Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III; and ANDREW D. TIFT, Decedent, IRINA A. ZAYTSEVA, suffered catastrophic bodily injury, endured conscious excruciating pain, anguish, suffering, sense, perception, pre-impact terror, understanding of impending death and loss of enjoyment of life. 16. As a direct and proximate result of the careless, negligent, reckless, wanton and/or willful conduct of Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III; and ANDREW D. TIFT, Decedent, IRINA A. ZAYTSEVA, suffered a premature and untimely death on January 4, 2021. 17. By reason of the foregoing, pursuant to CPLR 3017(c), Plaintiff, ZADEZHDA ZAYTSEVA, and the other next of kin of Decedent are entitled to recover from Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, Ill;and ANDREW D. TIFT, all damages recoverable in a wrongful death action under EPTL 5-4.1 through 5-4.5 and related provisions, the amount of which exceeds thejurisdictional limits ofall lower courts, #13533114.1 6 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 including pecuniary damages for loss of support, voluntary assistance, possible inheritance, medical expenses incident to death and/or funeral expenses. 18. As a direct and proximate result of the wrongful acts of Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III;and ANDREW D. TIFT, Plaintiff, NADEZHDA ZAYTSEVA, and other next of kin of Plaintiff's Decedent, IRINA A. ZAYTSEVA, sustained damages, including but not limited to,a deprivation of the reasonable life expectancy of pecuniary advantage which would have resulted by a continuance of the life of Decedent, IRINA A. ZAYTSEVA, and other economic damages, including the value of the loss of Decedent's support, comfort, companionship, guidance, advice, love and affection, pursuant to EPTL 5-4.1 through 5-4.5 and related provisions, which exceeds the jurisdictional limits of all lower courts. 19. Upon information and belief, by reason of the foregoing, Plaintiff, NADEZHDA ZAYTSEVA, as Administratrix of the Estate of Irina A. Zaytseva, deceased, and other next of kin of Plaintiff's Decedent, IRINA A. ZAYTSEVA, have sustained severe and significant pecuniary loss in a substantial sum of money to be determined by the Court and Jury. AS FOR PLAINTIFF'S SECOND CAUSE OF ACTION 20. Plaintiff repeats, reiterates and re-alleges each and every allegation set forth above as if set forth in full herein. 21. At all times relevant to this action, Newark Valley, Tioga County, was a borough/county within the State of New York. 22. Upon information and belief, Decedent, IRINA A. ZAYTSEVA, did not contribute to the happening of the subject motor vehicle accident. #13533114.1 7 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 23. Upon information and belief, by reason of the foregoing, Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; ˆARLE R. HILL, 111; and ANDREW D. TIFT, are jointly and/or severally liable pursuant to the exceptions set forth in Article 16 of the CPLR. 24. Upon information and belief, by reason of the foregoing, Decedent, IRINA A. ZAYTSEVA, was caused to endure severe and significant conscious pain and suffering together with physical and emotional anguish and distress up until the time of her death. 25. By reason of the foregoing, pursuant to CPLR 3017(c), Plaintiff, ZADEZHDA ZAYTSEVA, and the other next of kin of Decedent are entitled to recover from Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, III; and ANDREW D. TIFT, all damages recoverable in a wrongful death action under EPTL 5-4.1 through 5-4.5 and related provisions, the amount of which exceeds the jurisdictional limits of all lower courts. 26. By reason of the foregoing, Plaintiff, ZADEZHDA ZAYTSEVA, and the other next of kin of Plaintiff's Decedent have suffered significant pecuniary loss and have been deprived of Decedent's support, comfort, companionship, guidance, advice, love and/or affection, all to their damage in a substantial sum of money which exceeds the jurisdictional limits of all lower courts, including pecuniary damages for loss of support, voluntary assistance, possible inheritance, medical expenses incident to death and/or funeral expenses. WHEREFORE, Plaintiff, ZADEZHDA ZAYTSEVA, as Administratrix of the Estate of Irina A. Zaytseva, demands judgment pursuant to CPLR 3017(c) and any other controlling statute or case law, against the Defendants herein, on allof the aforementioned causes of action, and demands that she be awarded all damages and relief to which Plaintiff and the other next of kin of Plaintiff's Decedent are entitled in a Wrongful Death Action, in an amount to be determined upon the trialof this action, together with interest, costs, disbursements, attorney's #13533114.1 8 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 fees, and such other, further, or different relief that the Court may deem just, proper, and equitable under the circumstances, in a sum exceeding the jurisdictional limits of alllower courts that would otherwise have jurisdiction. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. Dated: New York, New York December 22, 2022 KEVIN M. BERRY, ESQ. Wilentz, Goldman & Spitzer, P.A. 14 Wall Street, Suite 6B New York, New York 10005 646.746.8914 Attotneys for Plaintiff(s) #13533114.1 9 of 10 FILED: TIOGA COUNTY CLERK 12/22/2022 12:49 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) KEVIN M. BERRY, being duly sworn, deposes and says that he is a partner with the law firm of Wilentz, Goldman & Spitzer, P.A., that plaintiffs' he has read the foregoing Verified Complaint and knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, he believes it to be true. The sources of his information are records in the file and an investigation caused to be made with respect to the facts in this action and the statements of plaintiffs. The reason this verification is made by deponent, and not by the plaintiffs, is because the plaintiffs do not reside within the County where their attorneys have an office. KEVIN M. BERRY Sworn to and subscribed before me 22"d of this day December 2022 NOT FUBLIC ANITA ARROYO Notary Public, Slale of New York No. 01ARB0M727 QuaMed in IGngsCounty November7, 20_ Commission Bpires 10 of 10