Preview
FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023
Exhibit 2
FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023
INDEX NO. 718856/2023
FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS
--------------------------------------------------------------------X Date Purchased:
NATASHA VALENTIN CEPEDA,
Plaintiff designates QUEENS
Plaintiff County as the place of trial.
The basis of venue is
-against- Place of Accident.
SUMMONS
ELIZABETH T. CHURCHILL AND STEPHEN K Place of Accident:
CHURCHILL, Long Island Espressway
Near Exit 19,
Defendant. Queens, New York
____________________________________________._____________________Ç
Date Filed:
To the above-named Defendant:
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
Plaintiffs'
appearance, on the Attorney within twenty (20) days after service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
JURY TRIAL DEMANDED
DATED: New York, New York
September , 2023
Yours, etc.,
Nicholas 6onchar, Esq
Krentsel Guzman Herbert, LLP.
Attorneys for Plaintiff
17 Battery Place - Suite 604.
New York, New York 10004
(212) 227-2900
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Defendant's Address:
ELIZABETH T. CHURCHILL
145 Oakdene Ave
Leonia, NJ 07605
STEPHEN K CHURCHILL
145 Oakdene Ave
Leonia, NJ 07605
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------X Index No.:
NATASHA VALENTIN CEPEDA,
Plaintiff
-against- VERIFIED COMPLAINT
ELIZABETH T. CHURCHILL and
STEPHEN K CHURCHILL,
Defendant,
___________________________________________________________________Ç
The Plaintiff, NATASHA VALENTIN CEPEDA , by her attorneys KRENTSEL,
GUZMAN, HERBERT, LLP. upon information and belief alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times herein mentioned, the Plaintiff, NATASHA VALENTIN CEPEDA ,
was and is a resident of the COUNTY OF QUEENS, State of New York.
2. At all times herein mentioned, the Defendant, ELIZABETH T. CHURCHILL,
was and is a resident of the COUNTY OF BERGEN, State of New Jersey.
3. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, operated a
2006 Honda motor vehicle bearing a New Jersey state License Plate Number YTD89C,
one,"
hereinafter referred as "motor vehicle number on or near Long Island Espressway Near
Exit 19, Queens, New York.
4. On or about July 17, 2023, the Defendant ELIZABETH T. CHURCHILL, had an
ownership and interest in the aforementioned motor vehicle number one, at or near the
aforementioned location.
5. On or about July 17, 2023, the Defendant ELIZABETH T. CHURCHILL, was the
registrant of the aforementioned motor vehicle number one, at or near the aforementioned
location.
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6. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL,
managed the aforementioned motor vehicle number one, at or near the aforementioned location.
7. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL,
maintained the aforementioned motor vehicle number one, at or near the aforementioned
location.
8. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL,
controlled the aforementioned motor vehicle number one, at or near the aforementioned location.
9. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL,
operated the aforementioned motor vehicle number one, at or near the aforementioned location.
10. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL,
inspected the aforementioned motor vehicle number one, at or near the aforementioned location.
11. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, leased
the aforementioned motor vehicle number one, at or near the aforementioned location.
12. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, was
the lessee of the aforementioned motor vehicle number one, at or near the aforementioned
location.
13. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, drove
with permission the aforementioned motor vehicle number one, at or near the aforementioned
location.
14. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, drove
with express permission the aforementioned motor vehicle number one, at or near the
aforementioned location.
15. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, drove
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with implied consent the aforementioned motor vehicle number one, at or near the
aforementioned location.
16. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA,
operated a Jeep motor vehicle bearing a New York state License Plate Number JHZ6967,
two,"
hereinafter referred as "motor vehicle number on or near Long Island Espressway Near
Exit 19, Queens, New York..
17. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA,was
lawfully operating motor vehicle number two, at or near the aforementioned location.
18. On or about July 17, 2023, Plaintiff was lawfully operating motor vehicle number
two when motor vehicle number one came into contact with the rear of motor vehicle number
two, at or near the aforementioned location.
19. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN
CEPEDA, was injured, at or near the aforementioned location.
20. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN
CEPEDA, was seriously injured, at or near the aforementioned location.
21. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN CEPEDA,
was seriously injured, at or near the aforementioned location. Specifically, the Defendant,
ELIZABETH T. CHURCHILL, negligently maneuvered his vehicle motor vehicle number one,
striking motor vehicle number two causing Plaintiff to sustain serious bodily injuries.
"serious"
22. Plaintiff, NATASHA VALENTIN CEPEDA, sustained a injury as such
term is defmed in Section 5102 of the Insurance Law of the State of New York and being a
covered person claiming against a covered person, is entitled to recover for non-economic loss,
including pain, suffering, disfigurement and disability. Moreover, each Plaintiff is entitled to
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recover for such economic loss as exceed basic economic loss.
23. That Defendant, ELIZABETH T. CHURCHILL, was negligent and indulged in
culpable conduct by reason of the recklessness and carelessness in the ownership, operation,
maintenance, management and control of his aforesaid motor vehicle; in failing to properly
maintain, repair and care for the aforesaid motor vehicle; in failing to have same under reasonable
and proper control; in failing to keep a proper lookout upon a highway; in failing to give due and
proper warning of the movements of said motor vehicles; in failing to heed traffic controls; in
failing to signal or give signals; in failing to afford the Plaintiff a reasonable opportunity to reach a
place of safety; in operating the motor vehicle as to cause the same to come into contact with such
objects and/or such persons as involved in said accident; in so operating the motor vehicles as to
causethe same to be in such a position on the streets as to endanger the safety to others; in
operating said motor vehicle at such speeds at said location as to cause the same to be of danger to
others, and in violating the statues, ordinances and regulations, of which the Court will take
Judicial notice, in such cases made and provided.
24. By reason of the foregoing, Plaintiff, NATASHA VALENTIN CEPEDA , was
caused to be sick, sore, lame and disabled, has been and will continue to be obligated to incur and
expend large sums of money for her medical care and attention and has otherwise been damaged
in a amount that exceeds the jurisdiction of the lower Courts.
25. This action falls within one or more of the exemptions set forth in CPLR § 1602.
AS FOR THE SECOND CAUSE OF ACTION
26. Plaintiff repeats, reiterates and re alleges each and every allegation in the First Cause
of Action with the same force and effect as if set forth herein at length.
27. At all times herein mentioned, the Defendant, STEPHEN K CHURCHILL,
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was and is a resident of the COUNTY OF BERGEN, State of New Jersey.
28. On or about Julu 17, 2023, the Defendant, STEPHEN K CHURCHILL, operated a
2006 Honda motor vehicle bearing a New Jersey state License Plate Number YTD89C, hereinafter
one,"
referred as "motor vehicle number on or near Long Island Espressway Near Exit 19, Queens,
New York.
29. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, had an
ownership and interest in the aforementioned motor vehicle number one, at or near the
aforementioned location.
30. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, was the
registrant of the aforementioned motor vehicle number one, at or near the aforementioned
location.
31. On or about July 17, 2023 the Defendant, STEPHEN K CHURCHILL, managed
the aforementioned motor vehicle number one, at or near the aforementioned location.
32. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, maintained
the aforementioned motor vehicle number one, at or near the aforementioned location.
33. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, controlled
the aforementioned motor vehicle number one, at or near the aforementioned location.
34. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, operated
the aforementioned motor vehicle number one, at or near the aforementioned location.
35. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, inspected
the aforementioned motor vehicle number one, at or near the aforementioned location.
36. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, leased the
aforementioned motor vehicle number one, at or near the aforementioned location.
37. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL,was the
lessee of the aforementioned motor vehicle number one, at or near the aforementioned location.
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38. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, drove with
permission the aforementioned motor vehicle number one or near the aforementioned location.
39. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, drove with
express permission the aforementioned motor vehicle number one at or near the aforementioned
location.
40. On or about July 17, 2023 the Defendant, STEPHEN K CHURCHILL, drove with
implied consent the aforementioned motor vehicle number one, at or near the aforementioned
location.
41. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA,
operated a Jeep motor vehicle bearing a New York state License Plate Number JHZ6967,
two,"
hereinafter referred as "motor vehicle number on or near Long Island Espressway Near Exit
19, Queens, New York.
42. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA,was
lawfully operating motor vehicle number two, at or near the aforementioned location.
43. On or about July 17, 2023, Plaintiff was lawfully operating motor vehicle number
two when motor vehicle number one came into contact with the rear of motor vehicle number two,
at or near the aforementioned location.
44. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN
CEPEDA, was injured, at or near the aforementioned location.
45. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN
CEPEDA, was seriously injured, at or near the aforementioned location. Specifically, the
Defendant, STEPHEN K CHURCHILL, negligently maneuvered motor vehicle number
one,striking motor vehicle number two, causing Plaintiff to sustain serious bodily injuries.
"serious"
46. Plaintiff, NATASHA VALENTIN CEPEDA , sustained a injury as such
term is defined in Section 5102 of the Insurance Law of the State of New York and being a
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covered person claiming against a covered person, is entitled to recover for non-economic loss,
including pain, suffering, disfigurement and disability. Moreover, each Plaintiff is entitled to
recover for such economic loss as exceed basic economic loss.
47. That Defendant, STEPHEN K CHURCHILL, was negligent and indulged in
culpable conduct by reason of the recklessness and carelessness in the ownership, operation,
maintenance, management and control of his aforesaid motor vehicle; in failing to properly
maintain, repair and care for the aforesaid motor vehicle; in failing to have same under
reasonable and proper control; in failing to keep a proper lookout upon a highway; in failing to
give due and proper warning of the movements of said motor vehicles; in failing to heed traffic
controls; in failing to signal or give signals; in failing to afford the Plaintiff a reasonable
opportunity to reach a place of safety; in operating the motor vehicle as to cause the same to
come into contact with such objects and/or such persons as involved in said accident; in so
operating the motor vehicles as to cause the same to be in such a position on the streets as to
endanger the safety to others; in operating said motor vehicle at such speeds at said location as to
cause the same to be of danger to others, and in violating the statues, ordinances and regulations,
of which the Court will take Judicial notice, in such cases made and provided.
48. By reason of the foregoing, Plaintiff, NATASHA VALENTIN CEPEDA , was
caused to be sick, sore, lame and disabled, has been and will continue to be obligated to incur
and expend large sums of money for his medical care and attention and has otherwise been
damaged in an amount that exceeds the jurisdiction of the lower Courts.
49. This action falls within one or more of the exemptions set forth in CPLR § 1602.
[CONTINUED ON NEXT PAGE]
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WHEREFORE, Plaintiff, NATASHA VALENTIN CEPEDA , demands judgment
against the Defendant, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL, in a sum
which exceeds the jurisdictional limits of the lower courts which would otherwise have
jurisdiction over this matter, all together with the costs and disbursements of this action.
Dated: New York, New York
September (h 2023
Yours, etc.
Nicholfs Gonchar, Esq.
Krentsel Guzman Herbert, LLP.
Attorneys for Plaintiff
17 Battery Place - Suite 604
New York, New York 10004
(212) 227-2900
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ATTORNEY VERIFICATION
Nicholas Gonchar, an attorney at law, duly admitted to
practice in the Courts of the State of New York, affirms
under the penalties of perjury that:
He is the attorney for the plaintiff(s) in the above
entitled action.
Preview
FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 Exhibit 2 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS --------------------------------------------------------------------X Date Purchased: NATASHA VALENTIN CEPEDA, Plaintiff designates QUEENS Plaintiff County as the place of trial. The basis of venue is -against- Place of Accident. SUMMONS ELIZABETH T. CHURCHILL AND STEPHEN K Place of Accident: CHURCHILL, Long Island Espressway Near Exit 19, Defendant. Queens, New York ____________________________________________._____________________Ç Date Filed: To the above-named Defendant: 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 Plaintiffs' appearance, on the Attorney within twenty (20) days after service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. JURY TRIAL DEMANDED DATED: New York, New York September , 2023 Yours, etc., Nicholas 6onchar, Esq Krentsel Guzman Herbert, LLP. Attorneys for Plaintiff 17 Battery Place - Suite 604. New York, New York 10004 (212) 227-2900 1 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 Defendant's Address: ELIZABETH T. CHURCHILL 145 Oakdene Ave Leonia, NJ 07605 STEPHEN K CHURCHILL 145 Oakdene Ave Leonia, NJ 07605 2 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 (FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------X Index No.: NATASHA VALENTIN CEPEDA, Plaintiff -against- VERIFIED COMPLAINT ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL, Defendant, ___________________________________________________________________Ç The Plaintiff, NATASHA VALENTIN CEPEDA , by her attorneys KRENTSEL, GUZMAN, HERBERT, LLP. upon information and belief alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times herein mentioned, the Plaintiff, NATASHA VALENTIN CEPEDA , was and is a resident of the COUNTY OF QUEENS, State of New York. 2. At all times herein mentioned, the Defendant, ELIZABETH T. CHURCHILL, was and is a resident of the COUNTY OF BERGEN, State of New Jersey. 3. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, operated a 2006 Honda motor vehicle bearing a New Jersey state License Plate Number YTD89C, one," hereinafter referred as "motor vehicle number on or near Long Island Espressway Near Exit 19, Queens, New York. 4. On or about July 17, 2023, the Defendant ELIZABETH T. CHURCHILL, had an ownership and interest in the aforementioned motor vehicle number one, at or near the aforementioned location. 5. On or about July 17, 2023, the Defendant ELIZABETH T. CHURCHILL, was the registrant of the aforementioned motor vehicle number one, at or near the aforementioned location. 3 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 6. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, managed the aforementioned motor vehicle number one, at or near the aforementioned location. 7. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, maintained the aforementioned motor vehicle number one, at or near the aforementioned location. 8. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, controlled the aforementioned motor vehicle number one, at or near the aforementioned location. 9. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, operated the aforementioned motor vehicle number one, at or near the aforementioned location. 10. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, inspected the aforementioned motor vehicle number one, at or near the aforementioned location. 11. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, leased the aforementioned motor vehicle number one, at or near the aforementioned location. 12. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, was the lessee of the aforementioned motor vehicle number one, at or near the aforementioned location. 13. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, drove with permission the aforementioned motor vehicle number one, at or near the aforementioned location. 14. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, drove with express permission the aforementioned motor vehicle number one, at or near the aforementioned location. 15. On or about July 17, 2023, the Defendant, ELIZABETH T. CHURCHILL, drove 4 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 (FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 with implied consent the aforementioned motor vehicle number one, at or near the aforementioned location. 16. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA, operated a Jeep motor vehicle bearing a New York state License Plate Number JHZ6967, two," hereinafter referred as "motor vehicle number on or near Long Island Espressway Near Exit 19, Queens, New York.. 17. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA,was lawfully operating motor vehicle number two, at or near the aforementioned location. 18. On or about July 17, 2023, Plaintiff was lawfully operating motor vehicle number two when motor vehicle number one came into contact with the rear of motor vehicle number two, at or near the aforementioned location. 19. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN CEPEDA, was injured, at or near the aforementioned location. 20. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN CEPEDA, was seriously injured, at or near the aforementioned location. 21. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN CEPEDA, was seriously injured, at or near the aforementioned location. Specifically, the Defendant, ELIZABETH T. CHURCHILL, negligently maneuvered his vehicle motor vehicle number one, striking motor vehicle number two causing Plaintiff to sustain serious bodily injuries. "serious" 22. Plaintiff, NATASHA VALENTIN CEPEDA, sustained a injury as such term is defmed in Section 5102 of the Insurance Law of the State of New York and being a covered person claiming against a covered person, is entitled to recover for non-economic loss, including pain, suffering, disfigurement and disability. Moreover, each Plaintiff is entitled to 5 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 recover for such economic loss as exceed basic economic loss. 23. That Defendant, ELIZABETH T. CHURCHILL, was negligent and indulged in culpable conduct by reason of the recklessness and carelessness in the ownership, operation, maintenance, management and control of his aforesaid motor vehicle; in failing to properly maintain, repair and care for the aforesaid motor vehicle; in failing to have same under reasonable and proper control; in failing to keep a proper lookout upon a highway; in failing to give due and proper warning of the movements of said motor vehicles; in failing to heed traffic controls; in failing to signal or give signals; in failing to afford the Plaintiff a reasonable opportunity to reach a place of safety; in operating the motor vehicle as to cause the same to come into contact with such objects and/or such persons as involved in said accident; in so operating the motor vehicles as to causethe same to be in such a position on the streets as to endanger the safety to others; in operating said motor vehicle at such speeds at said location as to cause the same to be of danger to others, and in violating the statues, ordinances and regulations, of which the Court will take Judicial notice, in such cases made and provided. 24. By reason of the foregoing, Plaintiff, NATASHA VALENTIN CEPEDA , was caused to be sick, sore, lame and disabled, has been and will continue to be obligated to incur and expend large sums of money for her medical care and attention and has otherwise been damaged in a amount that exceeds the jurisdiction of the lower Courts. 25. This action falls within one or more of the exemptions set forth in CPLR § 1602. AS FOR THE SECOND CAUSE OF ACTION 26. Plaintiff repeats, reiterates and re alleges each and every allegation in the First Cause of Action with the same force and effect as if set forth herein at length. 27. At all times herein mentioned, the Defendant, STEPHEN K CHURCHILL, 6 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 was and is a resident of the COUNTY OF BERGEN, State of New Jersey. 28. On or about Julu 17, 2023, the Defendant, STEPHEN K CHURCHILL, operated a 2006 Honda motor vehicle bearing a New Jersey state License Plate Number YTD89C, hereinafter one," referred as "motor vehicle number on or near Long Island Espressway Near Exit 19, Queens, New York. 29. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, had an ownership and interest in the aforementioned motor vehicle number one, at or near the aforementioned location. 30. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, was the registrant of the aforementioned motor vehicle number one, at or near the aforementioned location. 31. On or about July 17, 2023 the Defendant, STEPHEN K CHURCHILL, managed the aforementioned motor vehicle number one, at or near the aforementioned location. 32. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, maintained the aforementioned motor vehicle number one, at or near the aforementioned location. 33. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, controlled the aforementioned motor vehicle number one, at or near the aforementioned location. 34. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, operated the aforementioned motor vehicle number one, at or near the aforementioned location. 35. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, inspected the aforementioned motor vehicle number one, at or near the aforementioned location. 36. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, leased the aforementioned motor vehicle number one, at or near the aforementioned location. 37. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL,was the lessee of the aforementioned motor vehicle number one, at or near the aforementioned location. 7 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 38. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, drove with permission the aforementioned motor vehicle number one or near the aforementioned location. 39. On or about July 17, 2023, the Defendant, STEPHEN K CHURCHILL, drove with express permission the aforementioned motor vehicle number one at or near the aforementioned location. 40. On or about July 17, 2023 the Defendant, STEPHEN K CHURCHILL, drove with implied consent the aforementioned motor vehicle number one, at or near the aforementioned location. 41. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA, operated a Jeep motor vehicle bearing a New York state License Plate Number JHZ6967, two," hereinafter referred as "motor vehicle number on or near Long Island Espressway Near Exit 19, Queens, New York. 42. On or about July 17, 2023, the Plaintiff, NATASHA VALENTIN CEPEDA,was lawfully operating motor vehicle number two, at or near the aforementioned location. 43. On or about July 17, 2023, Plaintiff was lawfully operating motor vehicle number two when motor vehicle number one came into contact with the rear of motor vehicle number two, at or near the aforementioned location. 44. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN CEPEDA, was injured, at or near the aforementioned location. 45. That as a result of the aforesaid contact, Plaintiff, NATASHA VALENTIN CEPEDA, was seriously injured, at or near the aforementioned location. Specifically, the Defendant, STEPHEN K CHURCHILL, negligently maneuvered motor vehicle number one,striking motor vehicle number two, causing Plaintiff to sustain serious bodily injuries. "serious" 46. Plaintiff, NATASHA VALENTIN CEPEDA , sustained a injury as such term is defined in Section 5102 of the Insurance Law of the State of New York and being a 8 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED : QUEENS COUNTY CLERK 09/12/2023 02:18 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 covered person claiming against a covered person, is entitled to recover for non-economic loss, including pain, suffering, disfigurement and disability. Moreover, each Plaintiff is entitled to recover for such economic loss as exceed basic economic loss. 47. That Defendant, STEPHEN K CHURCHILL, was negligent and indulged in culpable conduct by reason of the recklessness and carelessness in the ownership, operation, maintenance, management and control of his aforesaid motor vehicle; in failing to properly maintain, repair and care for the aforesaid motor vehicle; in failing to have same under reasonable and proper control; in failing to keep a proper lookout upon a highway; in failing to give due and proper warning of the movements of said motor vehicles; in failing to heed traffic controls; in failing to signal or give signals; in failing to afford the Plaintiff a reasonable opportunity to reach a place of safety; in operating the motor vehicle as to cause the same to come into contact with such objects and/or such persons as involved in said accident; in so operating the motor vehicles as to cause the same to be in such a position on the streets as to endanger the safety to others; in operating said motor vehicle at such speeds at said location as to cause the same to be of danger to others, and in violating the statues, ordinances and regulations, of which the Court will take Judicial notice, in such cases made and provided. 48. By reason of the foregoing, Plaintiff, NATASHA VALENTIN CEPEDA , was caused to be sick, sore, lame and disabled, has been and will continue to be obligated to incur and expend large sums of money for his medical care and attention and has otherwise been damaged in an amount that exceeds the jurisdiction of the lower Courts. 49. This action falls within one or more of the exemptions set forth in CPLR § 1602. [CONTINUED ON NEXT PAGE] 9 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 FILED INDEX NO. 718856/2023 : QUEENS COUNTY CLERK 09/12/2023 02:18 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 WHEREFORE, Plaintiff, NATASHA VALENTIN CEPEDA , demands judgment against the Defendant, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL, in a sum which exceeds the jurisdictional limits of the lower courts which would otherwise have jurisdiction over this matter, all together with the costs and disbursements of this action. Dated: New York, New York September (h 2023 Yours, etc. Nicholfs Gonchar, Esq. Krentsel Guzman Herbert, LLP. Attorneys for Plaintiff 17 Battery Place - Suite 604 New York, New York 10004 (212) 227-2900 10 of 12 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/10/2023 INDEX NO. 718856/2023 FILED: QUEENS COUNTY CLERK 09/12/2023 02:18 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 ATTORNEY VERIFICATION Nicholas Gonchar, an attorney at law, duly admitted to practice in the Courts of the State of New York, affirms under the penalties of perjury that: He is the attorney for the plaintiff(s) in the above entitled action.