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FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024
SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase
COUNTY OF QUEENS and Filing:
_____________________________________________________________________Ç
KAYLAH N. DELVALLE, Index No.:
Plaintiff designates
Plaintiff, Queens County
as the place of trial of this
action.
-against-
S U MM O N S
IMANI MARIE SCOTT a/k/a MARIE SCOTT, The basis of venue is the
County within which a
substantial part of the events
or omissions which gave rise
Defendant. to the instant claim(s) and
---------------------------------------------------------------------X action occurred, pursuant to
To the above-named Defendant(s): CPLR § 503(a).
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 twenty (20) days after the service of
this Summons, exclusive of the day of service of this Summons, or within thirty (30) days after
service of this Summons is complete if this Summons is not personally delivered to you within
the State of New York. In case of your failure to answer this Summons, a judgment by default
will be taken against you for the relief demanded in the Complaint, together with the costs of this
action.
Dated: Garden City, New York
April 26, 2024
Yours etc.,
SACKSTEIN SACKSTEIN & LEE, LLP
By: Mark J. DeCicco, Esq.
Attorneys for Plaintiff
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
(516) 248-2234
Defendant's address:
- 229th
IMANI MARIE SCOTT a/k/a MARIE SCOTT 130-59 Street, Laurelton, New York
11413.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________________________________________________________________Ç
KAYLAH N. DELVALLE, Index No.:
Plaintiff, VERIFIED COMPLAINT
-against-
IMANI MARIE SCOTT a/k/a MARIE SCOTT,
Defendant.
___________________________________________________________________Ç
Plaintiff, complaining of the Defendant, by her attorneys, SACKSTEIN SACKSTEIN &
LEE, LLP, respectfully alleges upon information and belief and all times hereinafter mentioned as
follows:
1. That a substantial part of the events or omissions which gave rise to the instant
claim(s) and action occurred within the County of Queens, State of New York.
2. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the owner of a motor vehicle bearing State of Texas Registration Number
RMS3236.
3. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the owner of a motor vehicle bearing State of Texas Registration Number
RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022.
4. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the owner of a motor vehicle bearing Vehicle Identification Number
1N4AA5AP9CC854245.
5. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the owner of a motor vehicle bearing Vehicle Identification Number
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1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18,
2022.
6. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the registrant of a motor vehicle bearing State of Texas Registration Number
RMS3236.
7. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the registrant of a motor vehicle bearing State of Texas Registration Number
RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022.
8. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the registrant of a motor vehicle bearing Vehicle Identification Number
1N4AA5AP9CC854245.
9. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the registrant of a motor vehicle bearing Vehicle Identification Number
1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18,
2022.
10. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the lessee of a motor vehicle bearing State of Texas Registration Number
RMS3236.
11. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the lessee of a motor vehicle bearing State of Texas Registration Number
RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022.
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12. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the lessee of a motor vehicle bearing Vehicle Identification Number
1N4AA5AP9CC854245.
13. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the lessee of a motor vehicle bearing Vehicle Identification Number
1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18,
2022.
14. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of a motor vehicle bearing State of Texas Registration Number
RMS3236.
15. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of a motor vehicle bearing State of Texas Registration Number
RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022.
16. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas
Registration Number RMS3236, and was operating said motor vehicle with the permission and
consent of the owner thereof.
17. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas
Registration Number RMS3236, and was operating said motor vehicle with the permission and
consent of the registrant thereof.
18. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas
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Registration Number RMS3236, and was operating said motor vehicle with the permission and
consent of the lessee thereof.
19. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas
Registration Number RMS3236, and was operating said motor vehicle while acting within the
course of her employment.
20. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of a motor vehicle bearing Vehicle Identification Nurnber
1N4AA5AP9CC854245.
21. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of a motor vehicle bearing Vehicle Identification Number
1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18,
2022.
22. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification
Number 1N4AA5AP9CC854245, and was operating said motor vehicle with the permission and
consent of the owner thereof.
23. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification
Number 1N4AA5AP9CC854245, and was operating said motor vehicle with the permission and
consent of the registrant thereof.
24. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification
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Number 1N4AA5AP9CC854245, and was operating said motor vehicle with the permission and
consent of the lessee thereof.
25. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a
MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification
Number 1N4AA5AP9CC854245, and was operating said motor vehicle while acting within the
course of her employment.
26. That on or about May 18, 2022, the Plaintiff, KAYLAH N. DELVALLE, was the
operator of a motor vehicle bearing State of New York Registration Number KTS5954.
133rd
27. That at all times herein mentioned, Avenue, at, about, near and/or in the
228th
vicinity of Street, in the County of Queens, State of New York, were and still are public
highways.
18th
28. That on or about the day of May, 2022, the Defendant's, IMANI MARIE
SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing State of Texas Registration
Number RMS3236, came into contact with the aforesaid motor vehicle operated by the Plaintiff,
KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954.
18th
29. That on or about the day of May, 2022, the Defendant's, IMANI MARIE
SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing State of Texas Registration
Number RMS3236, came into contact with the aforesaid motor vehicle operated by the Plaintiff,
KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954, at, about
133rd 228th
and/or upon Avenue, at, about, near and/or in the vicinity of Street, in the County of
Queens, State of New York.
18th
30. That on or about the day of May, 2022, the Defendant's, IMANI MARIE
SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing Vehicle Identification Number
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1N4AA5AP9CC854245, came into contact with the aforesaid motor vehicle operated by the
Plaintiff, KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954.
18*
31. That on or about the day of May, 2022, the Defendant's, IMANI MARIE
SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing Vehicle Identification Number
1N4AA5AP9CC854245, came into contact with the aforesaid motor vehicle operated by the
Plaintiff, KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954,
133rd 228th
at, about and/or upon Avenue, at, about, near and/or in the vicinity of Street, in the
County of Queens, State of New York.
32. That as a result of the foregoing, the Plaintiff, KAYLAH N. DELVALLE, was
caused to sustain certain severe, serious and permanent personal injuries.
33. That the said accident and injuries to the Plaintiff, KAYLAH N. DELVALLE,
resulting therefrom, were caused and sustained solely and wholly as a result of the carelessness
and negligence on the part of the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, her
agents, servants and/or employees, in the ownership, operation, management, maintenance,
supervision, inspection, repair and/or control of her aforesaid motor vehicle; in that the Defendant
caused and permitted her aforesaid motor vehicle to be operated over and along the aforementioned
public highways in a careless and negligent manner so as to cause her aforesaid motor vehicle to
hit, strike, run into, come into contact with and/or collide with the aforesaid motor vehicle operated
by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant carelessly and negligently
caused and permitted her aforesaid motor vehicle to be operated over and along the aforementioned
public highways at a high and excessive rate of speed and/or at a greater rate of speed than care
and caution permitted under the circumstances then and there existing; in that the Defendant
operated her aforesaid motor vehicle while same was in a broken and defective condition and/or
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in a state of disrepair with notice and knowledge thereof; in that the Defendant failed to comply
with all of the applicable laws, statutes, rules, regulations and/or ordinances of the State and/or
City of New York governing vehicular traffic; in that the Defendant carelessly and negligently
failed and omitted to provide and/or make timely and prompt use of adequate and efficient brakes,
signaling devices, horns and steering mechanisms; in that the Defendant carelessly and negligently
failed and omitted to keep and maintain a proper lookout, and to be reasonably alert; in that the
Defendant operated her aforesaid motor vehicle in disregard of traffic conditions then and there
existing; in that the Defendant's aforesaid motor vehicle gave no signal or warning of its approach
prior to the subject accident; in that the Defendant failed to have her aforesaid motor vehicle under
reasonable and proper control at the time of the subject accident and shortly prior thereto; in that
the Defendant failed to see and observe that which was there to be seen and observed; in that the
Defendant carelessly and negligently hit, struck, ran into, collided with and/or came into contact
with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the
Defendant carelessly and negligently caused, allowed and/or permitted her aforesaid motor vehicle
to hit, strike, run into, collide with and/or come into contact with the aforesaid motor vehicle
operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant carelessly and
negligently failed to yield to, stop for and/or avoid the aforesaid motor vehicle operated by the
Plaintiff, KAYLAH N. DELVALLE; in that the Defendant failed to yield to, stop for and/or avoid
the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the
Defendant carelessly and negligently failed to yield the right of way to the aforesaid motor vehicle
operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant failed to yield the right
of way to the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that
the Defendant proceeded through a traffic control device, more particularly, a posted stop sign,
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existing at or about the location of the subject accident, without stopping; in that the Defendant
carelessly and negligently proceeded through a traffic control device, more particularly, a posted
stop sign, existing at or about the location of the subject accident, without stopping; in that the
Defendant disregarded a traffic control device, more particularly, a posted stop sign, existing at or
about the location of the subject accident; in that the Defendant carelessly and negligently
disregarded a traffic control device, more particularly, a posted stop sign, existing at or about the
location of the subject accident; in that the Defendant failed to bring her aforesaid motor vehicle
to a stop at a traffic control device, more particularly, a posted stop sign, existing at or about the
location of the subject accident; in that the Defendant carelessly and negligently failed to bring her
aforesaid motor vehicle to a stop at a traffic control device, more particularly, a posted stop sign,
existing at or about the location of the subject accident; and the Defendant, IMANI MARIE
SCOTT a/k/a MARIE SCOTT, her agents, servants and/or employees, was otherwise careless and
negligent in failing and omitting to take proper and suitable precautions to avoid the said accident
and collision.
34. That by reason of the foregoing, and the wrongful, unlawful and negligent acts and
omissions on the part of the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, her agents,
servants and/or employees, as aforesaid, the Plaintiff, KAYLAH N. DELVALLE, was rendered
sick, sore, lame and disabled and as seriously and permanently injured and so remains; suffered
and will continue to suffer agony in body and mind; was unable to pursue her regular activities
and vocation for a long period of time; was and will be compelled to secure medical aid and
medicines in an effort to cure or minimize her injuries and was compelled to expend and become
liable for diverse sums of money in an effort to cure herself of her injuries, and since some of her
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injuries are believed to be of a permanent and lasting nature, upon information and belief, she will
continue to be so deprived and so liable for damages in the future.
35. That the aforesaid collision and the injuries to the Plaintiff, KAYLAH N.
DELVALLE, resulting therefrom, were caused and sustained solely and wholly by reason of the
carelessness and negligence on the part of the Defendant, IMANI MARIE SCOTT a/k/a MARIE
SCOTT, her agents, servants and/or employees.
36. That the aforesaid collision and the injuries to the Plaintiff, KAYLAH N.
DELVALLE, resulting therefrom, were in no way caused by the carelessness, negligence,
wrongdoing and/or want of care on the part of the Plaintiff, KAYLAH N. DELVALLE,
contributing thereto.
37. That as a result of the foregoing, the Plaintiff, KAYLAH N. DELVALLE, sustained
serious personal injuries, resulting in basic economic loss and non-economic loss, as defined under
the Insurance Law of the State of New York and has the right of recovery against the Defendant,
IMANI MARIE SCOTT a/k/a MARIE SCOTT, herein for personal injuries, basic economic loss
and non-economic loss, pursuant to Sections 5102 and 5104 of the Insurance Law of the State of
New York.
38. That one or more of the exceptions to CPLR Article 16, as set forth in CPLR §1602,
are applicable to the instant cause of action, including, but not limited to, CPLR §1602 subdivision
(6).
39. That as a result of the foregoing, the Plai
Preview
FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase COUNTY OF QUEENS and Filing: _____________________________________________________________________Ç KAYLAH N. DELVALLE, Index No.: Plaintiff designates Plaintiff, Queens County as the place of trial of this action. -against- S U MM O N S IMANI MARIE SCOTT a/k/a MARIE SCOTT, The basis of venue is the County within which a substantial part of the events or omissions which gave rise Defendant. to the instant claim(s) and ---------------------------------------------------------------------X action occurred, pursuant to To the above-named Defendant(s): CPLR § 503(a). 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 twenty (20) days after the service of this Summons, exclusive of the day of service of this Summons, or within thirty (30) days after service of this Summons is complete if this Summons is not personally delivered to you within the State of New York. In case of your failure to answer this Summons, a judgment by default will be taken against you for the relief demanded in the Complaint, together with the costs of this action. Dated: Garden City, New York April 26, 2024 Yours etc., SACKSTEIN SACKSTEIN & LEE, LLP By: Mark J. DeCicco, Esq. Attorneys for Plaintiff 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 (516) 248-2234 Defendant's address: - 229th IMANI MARIE SCOTT a/k/a MARIE SCOTT 130-59 Street, Laurelton, New York 11413. 1 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________________________________________________________________Ç KAYLAH N. DELVALLE, Index No.: Plaintiff, VERIFIED COMPLAINT -against- IMANI MARIE SCOTT a/k/a MARIE SCOTT, Defendant. ___________________________________________________________________Ç Plaintiff, complaining of the Defendant, by her attorneys, SACKSTEIN SACKSTEIN & LEE, LLP, respectfully alleges upon information and belief and all times hereinafter mentioned as follows: 1. That a substantial part of the events or omissions which gave rise to the instant claim(s) and action occurred within the County of Queens, State of New York. 2. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the owner of a motor vehicle bearing State of Texas Registration Number RMS3236. 3. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the owner of a motor vehicle bearing State of Texas Registration Number RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022. 4. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the owner of a motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245. 5. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the owner of a motor vehicle bearing Vehicle Identification Number 2 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18, 2022. 6. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the registrant of a motor vehicle bearing State of Texas Registration Number RMS3236. 7. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the registrant of a motor vehicle bearing State of Texas Registration Number RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022. 8. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the registrant of a motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245. 9. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the registrant of a motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18, 2022. 10. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the lessee of a motor vehicle bearing State of Texas Registration Number RMS3236. 11. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the lessee of a motor vehicle bearing State of Texas Registration Number RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022. 3 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 12. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the lessee of a motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245. 13. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the lessee of a motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18, 2022. 14. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of a motor vehicle bearing State of Texas Registration Number RMS3236. 15. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of a motor vehicle bearing State of Texas Registration Number RMS3236, which was involved in a contact with another motor vehicle on May 18, 2022. 16. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas Registration Number RMS3236, and was operating said motor vehicle with the permission and consent of the owner thereof. 17. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas Registration Number RMS3236, and was operating said motor vehicle with the permission and consent of the registrant thereof. 18. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas 4 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 Registration Number RMS3236, and was operating said motor vehicle with the permission and consent of the lessee thereof. 19. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing State of Texas Registration Number RMS3236, and was operating said motor vehicle while acting within the course of her employment. 20. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of a motor vehicle bearing Vehicle Identification Nurnber 1N4AA5AP9CC854245. 21. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of a motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245, which was involved in a contact with another motor vehicle on May 18, 2022. 22. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245, and was operating said motor vehicle with the permission and consent of the owner thereof. 23. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245, and was operating said motor vehicle with the permission and consent of the registrant thereof. 24. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification 5 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 Number 1N4AA5AP9CC854245, and was operating said motor vehicle with the permission and consent of the lessee thereof. 25. That on or about May 18, 2022, the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, was the operator of the aforesaid motor vehicle bearing Vehicle Identification Number 1N4AA5AP9CC854245, and was operating said motor vehicle while acting within the course of her employment. 26. That on or about May 18, 2022, the Plaintiff, KAYLAH N. DELVALLE, was the operator of a motor vehicle bearing State of New York Registration Number KTS5954. 133rd 27. That at all times herein mentioned, Avenue, at, about, near and/or in the 228th vicinity of Street, in the County of Queens, State of New York, were and still are public highways. 18th 28. That on or about the day of May, 2022, the Defendant's, IMANI MARIE SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing State of Texas Registration Number RMS3236, came into contact with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954. 18th 29. That on or about the day of May, 2022, the Defendant's, IMANI MARIE SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing State of Texas Registration Number RMS3236, came into contact with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954, at, about 133rd 228th and/or upon Avenue, at, about, near and/or in the vicinity of Street, in the County of Queens, State of New York. 18th 30. That on or about the day of May, 2022, the Defendant's, IMANI MARIE SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing Vehicle Identification Number 6 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 1N4AA5AP9CC854245, came into contact with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954. 18* 31. That on or about the day of May, 2022, the Defendant's, IMANI MARIE SCOTT a/k/a MARIE SCOTT, aforesaid motor vehicle, bearing Vehicle Identification Number 1N4AA5AP9CC854245, came into contact with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE, bearing State of New York Registration Number KTS5954, 133rd 228th at, about and/or upon Avenue, at, about, near and/or in the vicinity of Street, in the County of Queens, State of New York. 32. That as a result of the foregoing, the Plaintiff, KAYLAH N. DELVALLE, was caused to sustain certain severe, serious and permanent personal injuries. 33. That the said accident and injuries to the Plaintiff, KAYLAH N. DELVALLE, resulting therefrom, were caused and sustained solely and wholly as a result of the carelessness and negligence on the part of the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, her agents, servants and/or employees, in the ownership, operation, management, maintenance, supervision, inspection, repair and/or control of her aforesaid motor vehicle; in that the Defendant caused and permitted her aforesaid motor vehicle to be operated over and along the aforementioned public highways in a careless and negligent manner so as to cause her aforesaid motor vehicle to hit, strike, run into, come into contact with and/or collide with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant carelessly and negligently caused and permitted her aforesaid motor vehicle to be operated over and along the aforementioned public highways at a high and excessive rate of speed and/or at a greater rate of speed than care and caution permitted under the circumstances then and there existing; in that the Defendant operated her aforesaid motor vehicle while same was in a broken and defective condition and/or 7 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 in a state of disrepair with notice and knowledge thereof; in that the Defendant failed to comply with all of the applicable laws, statutes, rules, regulations and/or ordinances of the State and/or City of New York governing vehicular traffic; in that the Defendant carelessly and negligently failed and omitted to provide and/or make timely and prompt use of adequate and efficient brakes, signaling devices, horns and steering mechanisms; in that the Defendant carelessly and negligently failed and omitted to keep and maintain a proper lookout, and to be reasonably alert; in that the Defendant operated her aforesaid motor vehicle in disregard of traffic conditions then and there existing; in that the Defendant's aforesaid motor vehicle gave no signal or warning of its approach prior to the subject accident; in that the Defendant failed to have her aforesaid motor vehicle under reasonable and proper control at the time of the subject accident and shortly prior thereto; in that the Defendant failed to see and observe that which was there to be seen and observed; in that the Defendant carelessly and negligently hit, struck, ran into, collided with and/or came into contact with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant carelessly and negligently caused, allowed and/or permitted her aforesaid motor vehicle to hit, strike, run into, collide with and/or come into contact with the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant carelessly and negligently failed to yield to, stop for and/or avoid the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant failed to yield to, stop for and/or avoid the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant carelessly and negligently failed to yield the right of way to the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant failed to yield the right of way to the aforesaid motor vehicle operated by the Plaintiff, KAYLAH N. DELVALLE; in that the Defendant proceeded through a traffic control device, more particularly, a posted stop sign, 8 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 existing at or about the location of the subject accident, without stopping; in that the Defendant carelessly and negligently proceeded through a traffic control device, more particularly, a posted stop sign, existing at or about the location of the subject accident, without stopping; in that the Defendant disregarded a traffic control device, more particularly, a posted stop sign, existing at or about the location of the subject accident; in that the Defendant carelessly and negligently disregarded a traffic control device, more particularly, a posted stop sign, existing at or about the location of the subject accident; in that the Defendant failed to bring her aforesaid motor vehicle to a stop at a traffic control device, more particularly, a posted stop sign, existing at or about the location of the subject accident; in that the Defendant carelessly and negligently failed to bring her aforesaid motor vehicle to a stop at a traffic control device, more particularly, a posted stop sign, existing at or about the location of the subject accident; and the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, her agents, servants and/or employees, was otherwise careless and negligent in failing and omitting to take proper and suitable precautions to avoid the said accident and collision. 34. That by reason of the foregoing, and the wrongful, unlawful and negligent acts and omissions on the part of the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, her agents, servants and/or employees, as aforesaid, the Plaintiff, KAYLAH N. DELVALLE, was rendered sick, sore, lame and disabled and as seriously and permanently injured and so remains; suffered and will continue to suffer agony in body and mind; was unable to pursue her regular activities and vocation for a long period of time; was and will be compelled to secure medical aid and medicines in an effort to cure or minimize her injuries and was compelled to expend and become liable for diverse sums of money in an effort to cure herself of her injuries, and since some of her 9 of 13 FILED: QUEENS COUNTY CLERK 04/26/2024 11:10 AM INDEX NO. 708937/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/26/2024 injuries are believed to be of a permanent and lasting nature, upon information and belief, she will continue to be so deprived and so liable for damages in the future. 35. That the aforesaid collision and the injuries to the Plaintiff, KAYLAH N. DELVALLE, resulting therefrom, were caused and sustained solely and wholly by reason of the carelessness and negligence on the part of the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, her agents, servants and/or employees. 36. That the aforesaid collision and the injuries to the Plaintiff, KAYLAH N. DELVALLE, resulting therefrom, were in no way caused by the carelessness, negligence, wrongdoing and/or want of care on the part of the Plaintiff, KAYLAH N. DELVALLE, contributing thereto. 37. That as a result of the foregoing, the Plaintiff, KAYLAH N. DELVALLE, sustained serious personal injuries, resulting in basic economic loss and non-economic loss, as defined under the Insurance Law of the State of New York and has the right of recovery against the Defendant, IMANI MARIE SCOTT a/k/a MARIE SCOTT, herein for personal injuries, basic economic loss and non-economic loss, pursuant to Sections 5102 and 5104 of the Insurance Law of the State of New York. 38. That one or more of the exceptions to CPLR Article 16, as set forth in CPLR §1602, are applicable to the instant cause of action, including, but not limited to, CPLR §1602 subdivision (6). 39. That as a result of the foregoing, the Plai