Preview
FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12:49 PM INDEX
INDEX NO.
NO. 2022-00062771
2022-00 0 62 771
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NYSCEF DOC.
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NO. 28
1 RECEIVED
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SUPREME COURT OF THE STATE OF NEW YORK
TIOGA COUNTY
_____________________________________________________Ç
:
NA.DEZHDA ZAYTSEVA, :
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 Plaintiffs attorneys within twenty (20) days after the service of this surnmons,
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 KEVIN M. BERRY, ESQ.
Wilentz, Goldman & Spitzer, P.A.
14 Wall Street, Suite 6B
New York, New York 10005
646.746.8914
AUorneys for Plainti[{(s)
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12:49 PM INDEX
INDEX NO.
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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 13905
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12:49 PM INDEX
INDEX NO.
NO. 2022-00062771
2022-00062771
Pld
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 28
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/29/2023
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.
____________________________..--_______.---__________x
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,
Ill; 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 of the Estate of Irina 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
1381I.
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12: 49 PM INDEX
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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"
Ill, and/or collectively) has resided at 1350 Chenango Street,
Binghamton, New York 13901.
5. At all times 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 all times 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 ofNew York, bearing license plate number GVH3925.
7. At all times 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, 111, 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, 202I, at
approximately 4:45 p.m., Decedent, IRINA A. ZAYTSEVA, was a pedestrian who was
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
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INDEX NO.
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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 information and belief, on or about the same time, EARLE R. HILL,
Ill ("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 1
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 its intersection with Snapp Road in Newark Valley, New York,
Tioga County.
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12 /22 /2022 04:52
12 : 49 PM INDEX
INDEX NO.
NO. 2022-00062771
2022-00062771
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13. Based upon infonnation 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 fai@ing 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. ZAY TSEVA, 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. 1I1L L, 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 the jurisdictional limits of all lower courts,
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12: 49 PM INDEX
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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.
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12: 49 PM INDEX
INDEX NO.
NO. 2022-00062771
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23. Upon information and belief, by reason of the foregoing, Defendants, SCOTT J.
MACDONALD; DOREEN MACDONALD; EARLE R. HILL, Ill; 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 fbregoing, 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 all of 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 PlaintifTs Decedent are entitled in a Wrongful Death Action, in an amount to be
determined upon the trial of this action, together with interest, costs, disbursements, attorney's
#13533114.1
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FILED:
FILED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 09/29/2023
12/22/2022 04:52
12:49 PM INDEX
INDEX NO.
NO. 2022-00062771
2022-00062771
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NYSCEF DOC.
DOC. NO.
NO. 28
1 RECEIVED
RECEIVED NYSCEF:
Preview
FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12:49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00 0 62 771 Pld NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 12/22/2022 SUPREME COURT OF THE STATE OF NEW YORK TIOGA COUNTY _____________________________________________________Ç : NA.DEZHDA ZAYTSEVA, : 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 Plaintiffs attorneys within twenty (20) days after the service of this surnmons, 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 KEVIN M. BERRY, ESQ. Wilentz, Goldman & Spitzer, P.A. 14 Wall Street, Suite 6B New York, New York 10005 646.746.8914 AUorneys for Plainti[{(s) #13533114.1 1 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12:49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pl@ NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 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 13905 #13533114.1 2 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12:49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pld NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 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. ____________________________..--_______.---__________x 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, Ill; 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 of the Estate of Irina 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 1381I. #13533114.1 3 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12: 49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pl@ NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 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" Ill, and/or collectively) has resided at 1350 Chenango Street, Binghamton, New York 13901. 5. At all times 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 all times 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 ofNew York, bearing license plate number GVH3925. 7. At all times 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, 111, 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, 202I, at approximately 4:45 p.m., Decedent, IRINA A. ZAYTSEVA, was a pedestrian who was #13533114.1 4 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12:49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 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 information and belief, on or about the same time, EARLE R. HILL, Ill ("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 1 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 its intersection with Snapp Road in Newark Valley, New York, Tioga County. #13533114.1 5 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12 /22 /2022 04:52 12 : 49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pl@ NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 12/22/2022 13. Based upon infonnation 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 fai@ing 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. ZAY TSEVA, 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. 1I1L L, 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 the jurisdictional limits of all lower courts, #13533114.1 6 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12: 49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pld NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 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: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12: 49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pld NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/29/2023 12/22/2022 23. Upon information and belief, by reason of the foregoing, Defendants, SCOTT J. MACDONALD; DOREEN MACDONALD; EARLE R. HILL, Ill; 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 fbregoing, 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 all of 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 PlaintifTs Decedent are entitled in a Wrongful Death Action, in an amount to be determined upon the trial of this action, together with interest, costs, disbursements, attorney's #13533114.1 8 of 10 FILED: FILED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 09/29/2023 12/22/2022 04:52 12:49 PM INDEX INDEX NO. NO. 2022-00062771 2022-00062771 Pld NYSCEF NYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: