Preview
FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020
Cl2020-12151 Index # : EF2020-0458
STATE OF NEW YORK
SUPREME COURT: TOMPKINS COUNTY
AMBER WILLIAMS,
SUMMONS
Plaintiff, Index #
Date Filed:
v.
SEAN WILLIAMS.
Defendant.
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, ifthe complaint is not served with this summons, to serve
a notice of appearance on the plaintiff s attorney within 20 days after the service of this
summons, exclusive of the date of service, where service is made by delivery upon you
personally, or within 30 days after completion of service where service is made in any
other manner. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
Trial is to be held in the County of Tompkins. The basis of venue is the location
of the Assault and Battery in Tompkins County, New York.
THE RELIEF SOUGHT includes a monetary judgment in amounts which exceeds
the jurisdictional limits of all lower Courts, which otherwise would have jurisdiction in
the case, plus costs and disbursements.
DATED this day of September, 2020.
Jeffrey . Walker, Esq.
SCH THER, STUMBAR, PARKS & SALK, LLP
Attorneys for Plaintiff
200 East Buffalo Street
P.O. Box 353
Schlather,Stumbar, Ithaca, New York 14851-0353
Parks & Salk, LLP
200 East Buffalo Street
P.O. Box 353
TrhocaNY 14A51
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FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020
Cl2020-12151 Index #: EF2020-0458
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
.-------------------------------_________
AMBER WILLIAMS,
Plaintiff,
VERIFIED COMPLAINT
vs.
Index No.
SEAN WILLIAMS,
Defendant.
__ .----------________________
PRELIMINARY STATEMENT OF FACTS
1. Plaintiff claims damages arising from Assault, and from Battery.
2. Plaintiff, Amber Williams, is a resident of the State of New York, whose
program"
addresses is confidential pursuant to the "address confidentiality
available to victims of domestic violence.
3. Defendant Sean Williams, is,upon information and belief, a resident of
Tompkins County, New York (within the jurisdiction of this Court).
4. On or about May 29, 2019 at approximately 11:00 pm, at the location of
1141 East Shore Drive in the Town of Lansing, Defendant, Sean Williams,
physically assaulted Plaintiff, Amber Williams, by slamming her head into a
coffee table as well as punching her with closed fists.
5. Plaintiff suffered as a result: a preorbital contusion of the right eye, as well
as a severe traumatic brain injury, and post concussive syndrome; she
further continues to suffer from issues such as (but not limited to):
headaches, dizziness, trouble with concentration, altered speech, anxiety,
blurred vision and is also diagnosed with trigeminal neuralgia in March of
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FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020
Cl2020-12151 Index #: EF2020-0458
2020, which is a chronic pain condition affecting the trigeminal nerve,
which carries sensation from Plaintiff's face to Plaintiff's brain. Sometimes
mild stimulation of Plaintiff's face may trigger a jolt of excruciating pain, all
occurring as a result of this attack. Plaintiff also suffers from permanent
facial scarring and bruising and had injuries from the impact that included
severe whiplash, and TMJ, resulting in difficulty eating or even speaking.
This may not be an exhaustive listof allinjuries received.
6. As a result of this assault, Plaintiff has incurred substantial damages,
including (but not limited to): medical bills, loss of employment, pain and
suffering, mental anguish, emotional distress, and other losses as a direct
result of the actions of the Defendant.
7. This filing is timely by virtue of Executive Order 202, and each successor
Executive Order up to and including Executive Order 202.21, and Executive
Order 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, and 202.40, as
continued and contained in Executive Order 202.48, 202.49, 202.50 and
202.55, suspending or modifying Statutes of Limitations between March 20,
2020 and through September 4, 2020.
First Cause of Action: Assault
8. The above paragraphs are adopted and incorporated herein as if the same
were re-alleged in their entirety.
9. On or about May 29, 2019, Defendant did intentionally place Plaintiff in a
threat of harm that was imminent or offensive.
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FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020
Cl2020-12151 Index #: EF2020-04ti8
10. That the Defendant was actually capable of carrying out the threat, and /or
the Plaintiff reasonably believed he was actually capable.
11. That a reasonable person, in the Plaintiff's circumstances, would have been
apprehensive of the harmful contact.
12. That Defendant's aforementioned conduct constitutes assault.
13. As a result, Plaintiff is entitled to damages.
Second Cause of Action: Battery (first offense)
14. The above paragraphs are adopted and incorporated herein as if the same
were re-alleged in their entirety.
15. On or about May 29, 2019, Defendantdid make an unwarranted bodily
contact with Plaintiff.
16. Said bodily contact was intentional.
17. Said bodily contact was offensive in nature.
18. Said bodily contact was without Plaintiff's consent.
19. Defendant's contact with Plaintiff constitutes battery.
20. As a result, Plaintiff is entitled to damages.
WHEREFORE, Plaintiffs demands a Judgment of this Court:
(1) As to the First Cause of Action, Assault, Plaintiff
requests a judgment in the amount of $1,000,000.00,
or an amount as determined at trial;
(2) As to the Second Cause of Action, Battery, Plaintiffs
requests a judgment in the amount of $1,000,000.00,
or an amount as determined at trial;
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FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020
Cl2020-12151 Index #: EF2020-0458
(3) Awarding Plaintiff her costs and disbursements for
this action; and
(4) Such other and further relieve as the Court deems fair
and proper.
DATED: September 4, 2020
SCHLAT R STUMB PARKS & SALK
By:
Je e .Wa er
Attorneys for the Plaintiff
Office and P.O. Address
200 E Buffalo Street, P.O. Box 353
Ithaca, New York 14850
273 - 2202
(607)
FAX SERVICE NOT ACCEPTED
Schlather, Stumbar,
Parks & Salk, LLP
200 East Buffalo Street
P.O. Box 353
Tchara NY 14851
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FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020
CI2020-12151 Index #: EF2020-0458
VERIFICATION
STATE OF NEW YORK)
COUNTY OF TOMPKINS) ss.:
Amber Williams, being duly sworn, deposes and says that deponent PLAINTIFF in this action; that deponent
has read the foregoing Verified Complaint and knows the contents thereof; that the same is true to deponent's
own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to
those matters, deponent believes it to be true; Deponent further.states that he has the authority to sign for this
Defendant.
Amber Williams
Swo to before me this
da o tem er 020.
No ry Public
JEFFREY D. WALKER
NotaryPublic State
of New York
No. 02WA6188642
Qualified
in TompkinsCou
Term Expires June
09, 20
. -
6 of 6
Preview
FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020 Cl2020-12151 Index # : EF2020-0458 STATE OF NEW YORK SUPREME COURT: TOMPKINS COUNTY AMBER WILLIAMS, SUMMONS Plaintiff, Index # Date Filed: v. SEAN WILLIAMS. Defendant. 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, ifthe complaint is not served with this summons, to serve a notice of appearance on the plaintiff s attorney within 20 days after the service of this summons, exclusive of the date of service, where service is made by delivery upon you personally, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Trial is to be held in the County of Tompkins. The basis of venue is the location of the Assault and Battery in Tompkins County, New York. THE RELIEF SOUGHT includes a monetary judgment in amounts which exceeds the jurisdictional limits of all lower Courts, which otherwise would have jurisdiction in the case, plus costs and disbursements. DATED this day of September, 2020. Jeffrey . Walker, Esq. SCH THER, STUMBAR, PARKS & SALK, LLP Attorneys for Plaintiff 200 East Buffalo Street P.O. Box 353 Schlather,Stumbar, Ithaca, New York 14851-0353 Parks & Salk, LLP 200 East Buffalo Street P.O. Box 353 TrhocaNY 14A51 1 of 6 FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020 Cl2020-12151 Index #: EF2020-0458 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS .-------------------------------_________ AMBER WILLIAMS, Plaintiff, VERIFIED COMPLAINT vs. Index No. SEAN WILLIAMS, Defendant. __ .----------________________ PRELIMINARY STATEMENT OF FACTS 1. Plaintiff claims damages arising from Assault, and from Battery. 2. Plaintiff, Amber Williams, is a resident of the State of New York, whose program" addresses is confidential pursuant to the "address confidentiality available to victims of domestic violence. 3. Defendant Sean Williams, is,upon information and belief, a resident of Tompkins County, New York (within the jurisdiction of this Court). 4. On or about May 29, 2019 at approximately 11:00 pm, at the location of 1141 East Shore Drive in the Town of Lansing, Defendant, Sean Williams, physically assaulted Plaintiff, Amber Williams, by slamming her head into a coffee table as well as punching her with closed fists. 5. Plaintiff suffered as a result: a preorbital contusion of the right eye, as well as a severe traumatic brain injury, and post concussive syndrome; she further continues to suffer from issues such as (but not limited to): headaches, dizziness, trouble with concentration, altered speech, anxiety, blurred vision and is also diagnosed with trigeminal neuralgia in March of 2 of 6 FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020 Cl2020-12151 Index #: EF2020-0458 2020, which is a chronic pain condition affecting the trigeminal nerve, which carries sensation from Plaintiff's face to Plaintiff's brain. Sometimes mild stimulation of Plaintiff's face may trigger a jolt of excruciating pain, all occurring as a result of this attack. Plaintiff also suffers from permanent facial scarring and bruising and had injuries from the impact that included severe whiplash, and TMJ, resulting in difficulty eating or even speaking. This may not be an exhaustive listof allinjuries received. 6. As a result of this assault, Plaintiff has incurred substantial damages, including (but not limited to): medical bills, loss of employment, pain and suffering, mental anguish, emotional distress, and other losses as a direct result of the actions of the Defendant. 7. This filing is timely by virtue of Executive Order 202, and each successor Executive Order up to and including Executive Order 202.21, and Executive Order 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, and 202.40, as continued and contained in Executive Order 202.48, 202.49, 202.50 and 202.55, suspending or modifying Statutes of Limitations between March 20, 2020 and through September 4, 2020. First Cause of Action: Assault 8. The above paragraphs are adopted and incorporated herein as if the same were re-alleged in their entirety. 9. On or about May 29, 2019, Defendant did intentionally place Plaintiff in a threat of harm that was imminent or offensive. 3 of 6 FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020 Cl2020-12151 Index #: EF2020-04ti8 10. That the Defendant was actually capable of carrying out the threat, and /or the Plaintiff reasonably believed he was actually capable. 11. That a reasonable person, in the Plaintiff's circumstances, would have been apprehensive of the harmful contact. 12. That Defendant's aforementioned conduct constitutes assault. 13. As a result, Plaintiff is entitled to damages. Second Cause of Action: Battery (first offense) 14. The above paragraphs are adopted and incorporated herein as if the same were re-alleged in their entirety. 15. On or about May 29, 2019, Defendantdid make an unwarranted bodily contact with Plaintiff. 16. Said bodily contact was intentional. 17. Said bodily contact was offensive in nature. 18. Said bodily contact was without Plaintiff's consent. 19. Defendant's contact with Plaintiff constitutes battery. 20. As a result, Plaintiff is entitled to damages. WHEREFORE, Plaintiffs demands a Judgment of this Court: (1) As to the First Cause of Action, Assault, Plaintiff requests a judgment in the amount of $1,000,000.00, or an amount as determined at trial; (2) As to the Second Cause of Action, Battery, Plaintiffs requests a judgment in the amount of $1,000,000.00, or an amount as determined at trial; 4 of 6 FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020 Cl2020-12151 Index #: EF2020-0458 (3) Awarding Plaintiff her costs and disbursements for this action; and (4) Such other and further relieve as the Court deems fair and proper. DATED: September 4, 2020 SCHLAT R STUMB PARKS & SALK By: Je e .Wa er Attorneys for the Plaintiff Office and P.O. Address 200 E Buffalo Street, P.O. Box 353 Ithaca, New York 14850 273 - 2202 (607) FAX SERVICE NOT ACCEPTED Schlather, Stumbar, Parks & Salk, LLP 200 East Buffalo Street P.O. Box 353 Tchara NY 14851 5 of 6 FILED: TOMPKINS COUNTY CLERK 09/04/2020 03:21 PM INDEX NO. EF2020-0458 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/04/2020 CI2020-12151 Index #: EF2020-0458 VERIFICATION STATE OF NEW YORK) COUNTY OF TOMPKINS) ss.: Amber Williams, being duly sworn, deposes and says that deponent PLAINTIFF in this action; that deponent has read the foregoing Verified Complaint and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, deponent believes it to be true; Deponent further.states that he has the authority to sign for this Defendant. Amber Williams Swo to before me this da o tem er 020. No ry Public JEFFREY D. WALKER NotaryPublic State of New York No. 02WA6188642 Qualified in TompkinsCou Term Expires June 09, 20 . - 6 of 6