Preview
INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
PROOF OF SERVICE
STATE OF NEW YORK )
COUNTY OF ERIE ) ss:
TOWN OF AMHERST )
Re: Baker v. Rivera, et. al
Index No.: EFCA2023-003225
PATRICIA J. FARGNOLI, being duly sworn, deposes and says: deponent is not a party
to the above-referenced matter, is over 18 years of age and resides in Niagara County, New
York.
On December 18, 2023, your deponent served a copy of the attached Notice of
Commencement of Action upon The New York State Department of Health, Corning Tower,
Empire State Plaza, Room 2415, Albany, NY 12237, the address designated for that purpose, by
depositing a true copy of same, enclosed in a post-paid, properly addressed wrapper, certified
mail, return receipt requested, in a post office/official depository under the exclusive care and
custody of the United States Postal Service within the State of New York.
A copy of the return receipt is attached hereto and made part hereof.
tricia J. Fargnoli
Sworn to before me this
18th day of December 2023
Fuse DDL Nuh
Notary Public
LISA M. McHUGH
Notary Public, State of New York
No, 01MC4999459
Qualified in Erie County
Commission Expires July 27, 2 oo
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INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONEIDA
JUSTICE M. BAKER
Plaintiff
NOTICE OF COMMENCEMENT
ACTION PURSUANT TO
Vv,
SOCIAL SERVICES LAW 104-B
MATTHEW J. RIVERA
Index No.: EFCA2023-003225
AMBER M. EGELSTON
Date Filed: 12/14/2023
CITY OF ROME
Defendants
Please be advised that an action to recover damages for personal injuries suffered has been
commenced by or on behalf of JUSTICE M. BAKER, whose address is 301 East Linden Street,
Rome, NY 13440. The action was commenced in Oneida County Supreme Court, by the filing of
a Summons and Complaint on December 14, 2023.
This notice is sent via Certified Mail, Return Receipt Requested to the Commissioner of
the New York State Department of Health, within sixty days of the completion of service upon all
parties to the action.
DATED: December 18, 2023
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
2 of 13
(FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONEIDA
JUSTICE M. BAKER
301 East Linden Street
Rome, New York 13440
Plaintiff
Vi
MATTHEW J. RIVERA
806 W Liberty Street SUMMONS
Rome, New York 13440
Index No.:
AMBER M. EGELSTON
312 Depeyster Street
Rome, New York 13440
CITY OF ROME
Corporation Counsel
198 North Washington Street
Rome, New York 13440,
Defendants
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve
a copy of your Answer on the Plaintiff's Attorneys within 20 days after the service of this
Summons, exclusive of the day of service (or within 30 days after the service if this Summons is
not personally delivered to you within the State) and in case of your failure to Answer, Judgment
will be entered against you by default for the relief demanded in the Complaint. Plaintiff's
complaint against you is in excess of the jurisdictional limits of all lower Courts for causes of
action based upon negligence.
I of B
(FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
Oneida County is designated as the place of trial based upon the Plaintiff's residence therein.
DATED: December 8, 2023
Charles H. Cobb, Esq,
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
2 of B
(FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONEIDA
JUSTICE M. BAKER
Plaintiff
V, COMPLAINT
MATTHEW J. RIVERA Index No.:
AMBER M. EGELSTON
CITY OF ROME,
Defendants
The Plaintiff, JUSTICE M. BAKER, by his attorneys, WILLIAM MATTAR, P.C., as
and for Plaintiff's complaint against the Defendants herein, alleges:
1) That at all times hereinafter mentioned, the plaintiff, JUSTICE M. BAKER, was a
resident of the County of Oneida and State of New York.
2) That upon information and belief, at all times hereinafter mentioned, the Defendant,
MATTHEW J. RIVERA, was a resident of the City of Rome, County of Oneida and State of New
York.
3) That upon information and belief, at all times hereinafter mentioned, the
Defendants, AMBER M. EGELSTON, was a resident of the City of Rome, County of Oneida and
State of New York.
4) That upon information and belief, at all times hereinafter mentioned, Defendant,
CITY OF ROME, was and is a municipal corporation, duly organized and existing under and
Bof B
INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
pursuant to the laws of the State of New York, authorized to do business in New York State and
doing business in the County of Rome and State of New York.
5) That at all times hereinafter mentioned, on or about March 1, 2023, Defendant,
MATTHEW J. RIVERA, was the operator of a 2015 Buick motor vehicle, license plate number
KXB2408, registered in the State of New York for the year 2023.
6) That at all times hereinafter mentioned, on or about March 1, 2023, Defendant,
AMBER M. EGELSTON, was the owner ofa 2015 Buick motor vehicle, license plate number
KXB2408, registered in the State of New York for the year 2023.
7) That on or about March 1, 2023, Defendant, MATTHEW J. RIVERA, was
operating the aforementioned motor vehicle with the express or implied permission and consent
of its owner, Defendant, AMBER M. EGELSTON.
8) That at all times hereinafter mentioned, Defendant, CITY OF ROME, maintained,
managed, operated, inspected, installed and maintained road signage, maintained road markings
and controlled the aforementioned roads and hired employees and/or personnel for the purposes
of repairing and maintaining said road, including inspecting, installing and maintaining street signs
and painted roadway lines directing the flow of traffic for motorists for traffic and trimming
roadside foliage on or about 1610 Black River Boulevard about 400 feet North East of Oak Street.
» That at all times hereinafter mentioned, on or about 1610 Black River Boulevard
about 400 feet North East of Oak Street in Rome, New York, was a public street, highway and/or
thoroughfare.
10) That this action falls within one or more of the exceptions set forth in CPLR 1602.
4 of B
(FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
11) That on or about March 1, 2023, the Defendant, MATTHEW J. RIVERA was the
operator and the Defendant, AMBER M. EGELSTON, was the owner of the aforementioned
vehicle, when said vehicle collided with and became involved in a collision with a pedestrian, the
Plaintiff, JUSTICE M. BAKER, said collision occurring at or near 1610 Black River Boulevard
about 400 feet North East of Oak Street in Rome, New York.
12) That the Defendant, MATTHEW J. RIVERA, is not allowed to needlessly endanger
the public when operating his motor vehicle.
13) That the Defendant, MATTHEW J. RIVERA, must operate his motor vehicle in a
safe manner on public roads.
14) That the Defendant, MATTHEW J. RIVERA, must abide by the New York State
Vehicle and Traffic Law when operating his motor vehicle.
15) That the collision herein occurred wholly and solely as a result of the negligent,
careless and/or reckless manner in which the Defendants operated their motor vehicle on or about
March 1, 2023, without any fault or want of care on the part of the Plaintiff. The Defendant,
AMBER M. EGELSTON, owner is vicariously liable through the operation of New York State
Vehicle and Traffic Law Section 388.
16) That wholly and solely as a result of the negligence, carelessness and recklessness
of the Defendants, Plaintiff, JUSTICE M. BAKER, suffered and sustained serious injuries as the
same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and the
Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are
permanent in nature and the Plaintiff has also sustained economic loss greater than basic economic
B of B
(FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be
caused to suffer loss in excess of the jurisdictional limits of all lower Courts.
17) That on May 30, 2023, a Notice of Claim was served upon Defendants, CITY OF
ROME, within 90 days of the date of this incident, pursuant to Section 50-e of the General
Municipal Law.
18) That more than 30 days have elapsed since the filing of the aforesaid Notices of
Claim and Notice of Intent to File a Claim and the 50-h examination, and adjustment or payment
thereof has been neglected or refused by each of the Defendants.
19) That as a result of the foregoing, Plaintiff, JUSTICE M. BAKER, was rendered
sick, sore, lame, and disabled; suffered injuries both internal and external; suffered from and
continues to experience pain and suffering; was compelled to seek medical attention and care, and
was otherwise injured and damaged, all to her damage in a sum in excess of the jurisdiction of all
lower Courts.
20) That wholly and solely as a result of the negligence, carelessness and recklessness
of the Defendants, Plaintiff, JUSTICE M. BAKER, suffered and sustained serious injuries as the
same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and
Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are
permanent in nature and Plaintiff has also sustained economic loss greater than basic economic
loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be
caused to suffer loss in excess of the jurisdictional limits of all lower Courts.
AS AND FOR A SECOND CAUSE OF ACTION
& of B
INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
21) The Plaintiff repeats and re-alleges the claims set forth in paragraphs 1-24 as if set
forth more fully herein.
22) The Defendants, CITY OF ROME, jointly and severally, were negligent, careless,
and reckless in failing to maintain safe, properly located unobscured road signs on South Townline
Road. Additionally, the Defendants CITY OF ROME, their servants, agents or employees in
failing to provide a safe roadway, highway and/or travelway; in failing to correct a known safety
risk at the general location of the accident herein mentioned: in failing to adequately warn of the
intersection; in failing to maintain and sign said roadway and intersection in a reasonably safe
manner for users thereof; in failing to monitor and control the speed of vehicles traveling on and
in the roads involved herein; along with the other acts of negligence, carelessness and
recklessness. The Defendants had prior actual and/or constructive notice of these conditions.
23) That more than 30 days have elapsed since the filing of the aforesaid Notices of
Claim and Notice of Intent to File a Claim and the 50-h examination and or payment thereof has
been neglected or refused by each of the Defendants.
24) That as a result of the foregoing, Plaintiff, JUSTICE M. BAKER, was rendered
sick, sore, lame and disabled, suffered injuries both internal and external; suffered from and
continues to experience pain and suffering; was compelled to seek medical attention and care, and
was otherwise injured and damaged, all to her damage in a sum in excess of the jurisdictional
limits of the lower courts of the State of New York.
25) That wholly and solely as a result of the negligence, carelessness and recklessness
of the Defendants, Plaintiff, JUSTICE M. BAKER, suffered and sustained serious injuries as the
OF offB®
(FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and
Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are
permanent in nature and Plaintiff has also sustained economic loss greater than basic economic
loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be
caused to suffer loss in excess of the jurisdictional limits of all lower Courts.
WHEREFORE, the Plaintiff, JUSTICE M. BAKER, demands Judgment against the
Defendants herein in an amount that exceeds the jurisdictional limits of all lower Courts which
would otherwise have jurisdiction, together with the costs and disbursements of said action and
for such other and further relief as the Court may deem just and proper.
DATED: December 8, 2023
we _—
Charles H. Cobb, Es iq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
18 of 83
= ON DA OW Tr TT ro DEX NO. EFCA2023-003225
USPS CERTIFIED MAIL
i ll
NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 12/22/2023
William Mattar, P.C.
6720 Main Street
Williamsville, NY 14221
9214 8901 9403 8300 0042 0792 54
SS
NEW YORK STATE DEPARTMENT OF HEALTH
CORNING TOWER
EMPIRE STATE PLAZA, ROOM 2415
ALBANY, NY 12237
Return Ref# 335069
Client Name: J ustice Baker
Postage: $7.6600
11 of 13
= INDEX NO. EFCA2023-003225
NYSCEF “GNITED STATES RECEIVED NYSCEF: 12/22/2023
POSTAL SERVICE.
Date Produced: 12/22/2023
ConnectS uite Inc.:
The following is the delivery information for Certified Mail™ /RRE item number 9214 8901 9403 8300
0042 0792 54. Our records indicate that this item was delivered on 12/21/2023 at 08:26 a.m. in ALBANY,
NY 12220. The scanned image of the recipient informatio n is provided below.
ag as entiret Ae LOE BE gE
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as shown below:
NEW YORK STATE DEPARTMENT OF HEALTH
CORNING TO
EMPIRE STATE PLAZA, ROOM 2415
ALBANY, NY 12237
Customer Reference Number: C4674481.28022940
12 of 13
INDEX NO. EFCA2023-003225
NYSCEF (ROG. MNQ-Pi2CE TRACKING NUMBER: 4201223792148901940383000042079254 RECEIVED NYSCEF: 12/22/2023
MAILING DATE: 12/18/2023
DELIVERED DATE: 12/21/2023
Client Name: J ustice Baker
MAIL PIECE DELIVERY INFORMATION:
NEW YORK STATE DEPARTMENT OF HEALTH
CORNING TOW!
EMPIRE STATE PLAZA, ROOM 2415
ALBANY, NY 12237
MAIL PIECE TRACKING EVENTS:
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INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 PROOF OF SERVICE STATE OF NEW YORK ) COUNTY OF ERIE ) ss: TOWN OF AMHERST ) Re: Baker v. Rivera, et. al Index No.: EFCA2023-003225 PATRICIA J. FARGNOLI, being duly sworn, deposes and says: deponent is not a party to the above-referenced matter, is over 18 years of age and resides in Niagara County, New York. On December 18, 2023, your deponent served a copy of the attached Notice of Commencement of Action upon The New York State Department of Health, Corning Tower, Empire State Plaza, Room 2415, Albany, NY 12237, the address designated for that purpose, by depositing a true copy of same, enclosed in a post-paid, properly addressed wrapper, certified mail, return receipt requested, in a post office/official depository under the exclusive care and custody of the United States Postal Service within the State of New York. A copy of the return receipt is attached hereto and made part hereof. tricia J. Fargnoli Sworn to before me this 18th day of December 2023 Fuse DDL Nuh Notary Public LISA M. McHUGH Notary Public, State of New York No, 01MC4999459 Qualified in Erie County Commission Expires July 27, 2 oo 1 of 13 INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONEIDA JUSTICE M. BAKER Plaintiff NOTICE OF COMMENCEMENT ACTION PURSUANT TO Vv, SOCIAL SERVICES LAW 104-B MATTHEW J. RIVERA Index No.: EFCA2023-003225 AMBER M. EGELSTON Date Filed: 12/14/2023 CITY OF ROME Defendants Please be advised that an action to recover damages for personal injuries suffered has been commenced by or on behalf of JUSTICE M. BAKER, whose address is 301 East Linden Street, Rome, NY 13440. The action was commenced in Oneida County Supreme Court, by the filing of a Summons and Complaint on December 14, 2023. This notice is sent via Certified Mail, Return Receipt Requested to the Commissioner of the New York State Department of Health, within sixty days of the completion of service upon all parties to the action. DATED: December 18, 2023 WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 2 of 13 (FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONEIDA JUSTICE M. BAKER 301 East Linden Street Rome, New York 13440 Plaintiff Vi MATTHEW J. RIVERA 806 W Liberty Street SUMMONS Rome, New York 13440 Index No.: AMBER M. EGELSTON 312 Depeyster Street Rome, New York 13440 CITY OF ROME Corporation Counsel 198 North Washington Street Rome, New York 13440, Defendants TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve a copy of your Answer on the Plaintiff's Attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service if this Summons is not personally delivered to you within the State) and in case of your failure to Answer, Judgment will be entered against you by default for the relief demanded in the Complaint. Plaintiff's complaint against you is in excess of the jurisdictional limits of all lower Courts for causes of action based upon negligence. I of B (FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 Oneida County is designated as the place of trial based upon the Plaintiff's residence therein. DATED: December 8, 2023 Charles H. Cobb, Esq, WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 2 of B (FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONEIDA JUSTICE M. BAKER Plaintiff V, COMPLAINT MATTHEW J. RIVERA Index No.: AMBER M. EGELSTON CITY OF ROME, Defendants The Plaintiff, JUSTICE M. BAKER, by his attorneys, WILLIAM MATTAR, P.C., as and for Plaintiff's complaint against the Defendants herein, alleges: 1) That at all times hereinafter mentioned, the plaintiff, JUSTICE M. BAKER, was a resident of the County of Oneida and State of New York. 2) That upon information and belief, at all times hereinafter mentioned, the Defendant, MATTHEW J. RIVERA, was a resident of the City of Rome, County of Oneida and State of New York. 3) That upon information and belief, at all times hereinafter mentioned, the Defendants, AMBER M. EGELSTON, was a resident of the City of Rome, County of Oneida and State of New York. 4) That upon information and belief, at all times hereinafter mentioned, Defendant, CITY OF ROME, was and is a municipal corporation, duly organized and existing under and Bof B INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 pursuant to the laws of the State of New York, authorized to do business in New York State and doing business in the County of Rome and State of New York. 5) That at all times hereinafter mentioned, on or about March 1, 2023, Defendant, MATTHEW J. RIVERA, was the operator of a 2015 Buick motor vehicle, license plate number KXB2408, registered in the State of New York for the year 2023. 6) That at all times hereinafter mentioned, on or about March 1, 2023, Defendant, AMBER M. EGELSTON, was the owner ofa 2015 Buick motor vehicle, license plate number KXB2408, registered in the State of New York for the year 2023. 7) That on or about March 1, 2023, Defendant, MATTHEW J. RIVERA, was operating the aforementioned motor vehicle with the express or implied permission and consent of its owner, Defendant, AMBER M. EGELSTON. 8) That at all times hereinafter mentioned, Defendant, CITY OF ROME, maintained, managed, operated, inspected, installed and maintained road signage, maintained road markings and controlled the aforementioned roads and hired employees and/or personnel for the purposes of repairing and maintaining said road, including inspecting, installing and maintaining street signs and painted roadway lines directing the flow of traffic for motorists for traffic and trimming roadside foliage on or about 1610 Black River Boulevard about 400 feet North East of Oak Street. » That at all times hereinafter mentioned, on or about 1610 Black River Boulevard about 400 feet North East of Oak Street in Rome, New York, was a public street, highway and/or thoroughfare. 10) That this action falls within one or more of the exceptions set forth in CPLR 1602. 4 of B (FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 11) That on or about March 1, 2023, the Defendant, MATTHEW J. RIVERA was the operator and the Defendant, AMBER M. EGELSTON, was the owner of the aforementioned vehicle, when said vehicle collided with and became involved in a collision with a pedestrian, the Plaintiff, JUSTICE M. BAKER, said collision occurring at or near 1610 Black River Boulevard about 400 feet North East of Oak Street in Rome, New York. 12) That the Defendant, MATTHEW J. RIVERA, is not allowed to needlessly endanger the public when operating his motor vehicle. 13) That the Defendant, MATTHEW J. RIVERA, must operate his motor vehicle in a safe manner on public roads. 14) That the Defendant, MATTHEW J. RIVERA, must abide by the New York State Vehicle and Traffic Law when operating his motor vehicle. 15) That the collision herein occurred wholly and solely as a result of the negligent, careless and/or reckless manner in which the Defendants operated their motor vehicle on or about March 1, 2023, without any fault or want of care on the part of the Plaintiff. The Defendant, AMBER M. EGELSTON, owner is vicariously liable through the operation of New York State Vehicle and Traffic Law Section 388. 16) That wholly and solely as a result of the negligence, carelessness and recklessness of the Defendants, Plaintiff, JUSTICE M. BAKER, suffered and sustained serious injuries as the same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and the Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are permanent in nature and the Plaintiff has also sustained economic loss greater than basic economic B of B (FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be caused to suffer loss in excess of the jurisdictional limits of all lower Courts. 17) That on May 30, 2023, a Notice of Claim was served upon Defendants, CITY OF ROME, within 90 days of the date of this incident, pursuant to Section 50-e of the General Municipal Law. 18) That more than 30 days have elapsed since the filing of the aforesaid Notices of Claim and Notice of Intent to File a Claim and the 50-h examination, and adjustment or payment thereof has been neglected or refused by each of the Defendants. 19) That as a result of the foregoing, Plaintiff, JUSTICE M. BAKER, was rendered sick, sore, lame, and disabled; suffered injuries both internal and external; suffered from and continues to experience pain and suffering; was compelled to seek medical attention and care, and was otherwise injured and damaged, all to her damage in a sum in excess of the jurisdiction of all lower Courts. 20) That wholly and solely as a result of the negligence, carelessness and recklessness of the Defendants, Plaintiff, JUSTICE M. BAKER, suffered and sustained serious injuries as the same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are permanent in nature and Plaintiff has also sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be caused to suffer loss in excess of the jurisdictional limits of all lower Courts. AS AND FOR A SECOND CAUSE OF ACTION & of B INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 21) The Plaintiff repeats and re-alleges the claims set forth in paragraphs 1-24 as if set forth more fully herein. 22) The Defendants, CITY OF ROME, jointly and severally, were negligent, careless, and reckless in failing to maintain safe, properly located unobscured road signs on South Townline Road. Additionally, the Defendants CITY OF ROME, their servants, agents or employees in failing to provide a safe roadway, highway and/or travelway; in failing to correct a known safety risk at the general location of the accident herein mentioned: in failing to adequately warn of the intersection; in failing to maintain and sign said roadway and intersection in a reasonably safe manner for users thereof; in failing to monitor and control the speed of vehicles traveling on and in the roads involved herein; along with the other acts of negligence, carelessness and recklessness. The Defendants had prior actual and/or constructive notice of these conditions. 23) That more than 30 days have elapsed since the filing of the aforesaid Notices of Claim and Notice of Intent to File a Claim and the 50-h examination and or payment thereof has been neglected or refused by each of the Defendants. 24) That as a result of the foregoing, Plaintiff, JUSTICE M. BAKER, was rendered sick, sore, lame and disabled, suffered injuries both internal and external; suffered from and continues to experience pain and suffering; was compelled to seek medical attention and care, and was otherwise injured and damaged, all to her damage in a sum in excess of the jurisdictional limits of the lower courts of the State of New York. 25) That wholly and solely as a result of the negligence, carelessness and recklessness of the Defendants, Plaintiff, JUSTICE M. BAKER, suffered and sustained serious injuries as the OF offB® (FILED: ONEIDA COUNTY CLERK 12/22/2023 Wa:08 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are permanent in nature and Plaintiff has also sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be caused to suffer loss in excess of the jurisdictional limits of all lower Courts. WHEREFORE, the Plaintiff, JUSTICE M. BAKER, demands Judgment against the Defendants herein in an amount that exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction, together with the costs and disbursements of said action and for such other and further relief as the Court may deem just and proper. DATED: December 8, 2023 we _— Charles H. Cobb, Es iq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 18 of 83 = ON DA OW Tr TT ro DEX NO. EFCA2023-003225 USPS CERTIFIED MAIL i ll NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 12/22/2023 William Mattar, P.C. 6720 Main Street Williamsville, NY 14221 9214 8901 9403 8300 0042 0792 54 SS NEW YORK STATE DEPARTMENT OF HEALTH CORNING TOWER EMPIRE STATE PLAZA, ROOM 2415 ALBANY, NY 12237 Return Ref# 335069 Client Name: J ustice Baker Postage: $7.6600 11 of 13 = INDEX NO. EFCA2023-003225 NYSCEF “GNITED STATES RECEIVED NYSCEF: 12/22/2023 POSTAL SERVICE. Date Produced: 12/22/2023 ConnectS uite Inc.: The following is the delivery information for Certified Mail™ /RRE item number 9214 8901 9403 8300 0042 0792 54. Our records indicate that this item was delivered on 12/21/2023 at 08:26 a.m. in ALBANY, NY 12220. The scanned image of the recipient informatio n is provided below. ag as entiret Ae LOE BE gE Signature of Recipient: fae a Rr tet “Tin Fy & Address of Recipient: IW «tilHy St TB 5 ecane Reeceliners j22239 F26 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. Itis solely for customer use. This USPS proof of delivery is linked to the customers mail piece information on file as shown below: NEW YORK STATE DEPARTMENT OF HEALTH CORNING TO EMPIRE STATE PLAZA, ROOM 2415 ALBANY, NY 12237 Customer Reference Number: C4674481.28022940 12 of 13 INDEX NO. EFCA2023-003225 NYSCEF (ROG. MNQ-Pi2CE TRACKING NUMBER: 4201223792148901940383000042079254 RECEIVED NYSCEF: 12/22/2023 MAILING DATE: 12/18/2023 DELIVERED DATE: 12/21/2023 Client Name: J ustice Baker MAIL PIECE DELIVERY INFORMATION: NEW YORK STATE DEPARTMENT OF HEALTH CORNING TOW! EMPIRE STATE PLAZA, ROOM 2415 ALBANY, NY 12237 MAIL PIECE TRACKING EVENTS: 12/18/2023 12:24 PRE-SHIPMENT INFO SENT USPS AWAITS ITEM BUFFALO,NY 14221 12/20/2023 11:15 PROCESSED THROUGH USPS FACILITY ALBANY NY DISTRIBUTION CENTER 12288 12/21/2023 02:08 ARRIVAL AT UNIT ALBANY,NY 12288 12/21/2023 08:26 DELIVERED PO BOX ALBANY,NY 12220 13 of 13