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FILED: NEW YORK COUNTY CLERK 02/25/2014 INDEX NO. 151998/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2014
SUPREME COURT OF THESTATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
X Date Purchased:
THORA CLAUDEllL CIIALLENGEヽ
SUMMONS
Plaれ ,ぅ
Plaintiff designates New York
County as the place of t ial.
―aganst―
The basis ofvenue is:
Plaintiffs plzce of residence
鵬 ,恭艦 岬鍋駄謬操iJttLM Plaintiff rcsides ac
CHARLESS.GTT ES, 455 East 1 1 6th Stteet, Apr 1 6
New Yodr, New Yotk 10029
Eり 麟 レ″IS County of New York
X
to tfie a6we n4rne[Qefefltaflts:
YOU ARE HEREBYSUMMONED to answet the complaint in this action, and to sere
a copy of yout answer, or, if ttre compl"inl is oot served s,ith this summons, to serve a notice of
appeatanci on the Plaintiff s attomey(s) within t'wenty days after the service of this summons, exclusive
oT the day ofservice, where service is made by delivery upon you personally within tlle state, ot, within
30 days after completion of serrice where service is made in any othet manner. In case ofyour failute
to apfear ot answer, iudgment will be taken against you by default fot the telief demanded in the
complainl.
Dated: Brooklyn, New York
February 74,2014
Yoぃ ,etc
LAW OFFICES OF ALEKSANDR VAKAREV
By: //2‑
Alcksandr Vakarev,Esq
Attomeys for Phdff
THORA CLAUDEllL CIIALLENGER
2566 86th Street Suitc l
Brooklyn,New York l1214
718‑368‑0690
0ur Flc N。 :8644
GEORGE J. I-.IUVIADFr FINE
90 Geddes Tertace
Waterbury, Connecticut 06708
J. B. HUNT TRANSPORT, INC.
615 J.B. Hunt Corporate Dtive
Lowell, Arkansas 72745
ZEPI{ANIAH P. MULLIN
1901 Madison Avenue, Apt. 212
New Yotk, New Yotk 10035
CHARLES S. GILES
11 Fishet Courg Apt 4C
White Plains, New York 10601
CHARLES S. GILES
350 Watwick Avenue
Mount Vemon, New York 10553
SUPREME COURT OF THE ST̲A¶ E OF NEW YORK
COUNW OF NEW YORK
THORA CLヽ UDEllL Ch｀ TI ENGEL
Plaintilf,
―attζ a口 nst̲ Index No.:
廠 剛 3辻 IS郷 田 漁 Jh樋 躍 鴻
CHARLESS GILES,
Defmdants.
Plaintiff, by her attomeys, LAW OFFICES OF AIEKSANDR VAKAREV, compl'ining of the
Defen&ots, tespectfrrlly alleges, upon information and belief:
1. That at all times heteioaftet mentioned, the Plaintiff, THORA CLAUDETTE
CFIALLENGER, was, and still is, a rcsident of the County of New Yot\ City aod State of New York
2. Ttlrt * l ti-es hereinafter mentioned the Defendant, GEORGEJ. LAMADELEINE,
was, aod still is, upon information and belie( a resident of the County of New Haven, City of
Waterbury, and State of Coonecticut.
3. That at all ti"'es hereinaftet mentioned, and on the 27th &y of October, 2013, and prior
theteto, the Defeodaogj. B. HUNT TRANSPORT, INC., was, and still is, upon infornation and belief, a
domestic business corporation duly organized and existing under and by virtue of the laws of the State
of Geoi,.
4. That at all times hereinafter mentioned, and on the 27th &y of Octobeq 2013, and prior
thereto, the DefendangJ. B. HUNT TRANSPORT, INC., was, and still is, upon informatioo and belief, a
foteign business corpomtion duly authorized to conduct aod/ot actually engaged in business in the Sate
of New Yotk.
5. That at dl times heteinafter mentiooed, and on the 27th &y of Octobet, 2013, and prior
thereto, the Defen&og J. B. HUNT TRANSPORT, INC., upoo infotrnation and belief, mahtained a
ptincipal place of business aod executive of8ce in the County of Benton, City of Lowe[ and State of
Arkansas, located at 615J.B. Hunt Corporate Drive, Lowe[ Atkansts 72745.
6. That at all times heteinafter meationed, and on the 27th day of Octobeq 2013, and priot
theteto, the Defen&ng J. B. HUNT TRANSPORT, INC., upon information end belie( maint'ined a
ptincipal place of business and executive of6ce in the County of Oklahoma, City of OHahoma City, and
t*,. ot Oot-Oo-r, Iocated at 1600 Southeast 66lh Stieeq Oklahoma City, Qklzhqma /lt4!.
7. TJrpt*all times hereinafter mentioned, the Defen&ng ZEPFIANIAH P. MULLIN' was,
and still is, upon information aod belief, a rcsident of the County of New Yotlq City and State of
New Yotk.
8. That at all ti-es hereinaftet mentioned, the Defendant, CHARTES S. GILES, was, aod
still is, upoo information and belief, a rcsident of the County of Westchester, City of White Plains, and
State of New Yotk.
9. That at all times hereinaftet mentioned, the Defendant, CI{ARLES S. GILES, was, and
still is, upon inforrnation and belief, a resident of the County of Westchester, City of Mount Vemon,
aod Sate of New York.
10. That at all ti-es hereinafter mentioned, and on the 27th &y of Octobet,2013, aod ptiot
thereto, the Defendaoq J. B. HUNT TRANSPORT, INC., was the ownet of a cerhin 2014 Intemationel
tractor-trailer vehicle bearing upon information and belief, Sate of Oklaho"'o registration numbet
2Sx933.
77 . That at all times hereinaftet mentioned, and on the 27th day of October, 201 3, and priot
thereto, the Defendant, J. B. HUNT TRANSPORT, INC', was the regisrant of a certain
2014 Intemational tractor-trailet vehicle bearing, upon infomation and beliet Sate of Oklahoma
registration numb et ?SX9 33.
72. That at dl times heteinaftet mentioned, the Defen.l'nt, GEORGEJ. IAlvLtDF r FINE,
operated the afotementioned motor vehicle bearing, upon information and belie( State of Oklahoma
rcgistration number 2SX933.
13. That at dl times hereinaftet mentioned, the Defendanq GEORGEJ. I-AMADET FINE,
operated the aforementioned motot vehicle bearing upon information and belief, Sate of Okl"homa
registration number 2SX933, with the pe.-ission of the Defendang J. B. HUNT TRANSPORT, INC.
74. That at dl times heteinaftet meationed, the Defen.l.t'g GEORGE J. LAMADFT FINE,
operated the aforementioned motor vehicle bearing, upon information and belie( Sate of Okl"homa
regisaation numbet 2SX933, with ttre knowledge of the Defen&ng J. B. HUNT TRANSPORT, INC.
15. That at all times heteinafter mentioned, the Defendant, GEORGEJ. LAMADFI FINE,
operated the afotementioned motot vehicle bearhg, upon information and belie( Sate of Oklahoma
tegistration numbet 2Sx933, witl the consent of the Defendant, J. B. HUNT TRANSPORT, INC.
76. That at dl times heteinaftet mentioned the Defendanq GEORGEJ. L,{MADFTFINE,
operated the aforementioned motot vehicle bearing upon information and belief, Sate of Oklahoma
registration number 2SX933, in the scope of his employment with the Defendant,
J. B. HUNTTRANSPORT, INC.
17 . That at all times hereinafter mentioned, the Defendaoq J. B. HUNT TRANSPORT, INC.,
its agens, sernaots, Iicensees, employees, and those acting under its direction, behesg pennissioo aod
contto! conttolled the aforementioned motot vehicle beating, upon infotrnation and belie( Sate of
Oklahoma tegistration number 2SX933.
18. That at all times hereinaftet mentioned, the Defendaog GEORGEJ. L..\MADFT.F.INE,
controlled ttre aforementioned motot vehcle berring, upou information and belief, Sate of Qltl'hsnra
tegistration numbet 2SX933.
79. That at all times hereinafter mentioned, the DefendangJ. B. HUNT TRANSPORT,INC.,
its agents, servants, licensees, employees, and those acting under its direction, behesg perrnission and
conEol maint^ined the afotementioned motot vehicle bearing upon information and belief, Sate of
Oklahoma regisration number 2SX933.
20. That at all times heteinaftet mentioned, the Defendant, GEORGEJ. LAMADELEINE,
maintained the afotementioned motor vehicle bearing, upon information and belief, Sate of Oklahoma
rcgistation numb er 25X933 .
27. That at all times hereinafter mentioned, and on ttre 27th &y of October, 2013, and pdot
thereto, the Defendant, CFIARLES S. GILES, was the ownet of a certain 2$Ql tins6lo motot vehicle
fsarin& upon information and belief, New Yotk Sate registration mrmber T622899C.
22. That at all times heteinaftet mentioned, and on the 27th day of October, 2013, and prior
thereto, the Defendan! CHARLES S. GILES, was the rcgisttant of a certain 2003 I incoln motot vehicle
beating, upon information and belief, New York State tegisuation numb er T622899C.
23. Thal zt zl7 times hereinafter mentioned, the Defendant, ZEPFIANIAH P. MULLIN,
operated the aforementiooed motor vehicle bearing, upon information and belief, New Yotk State
regis tration number T622899C.
24. That at all ti-es hereinaftet mentioned, the Defenda.t, ZEPHANIAH P. MULLIN,
operated the afotementioned motor vehicle bearing, upon infom2tion and belief, New Yotk State
tegisttation number T622899C, with the permission of the Defendanq CHARLES S. GILES.
25. That at all times heteinaftet mentioned, &s I)gfsa.lang ZEPFIANIAH P. MULLIN,
opetated the aforementioned motot vehicle bearing, upon information and belief, New York State
registration numb er T622899C, stith the knowledge of the Defeodant, CHARLES S. GILES.
26. That at all times hereinaftet mentioned, the Defendant, ZEPI{ANIAH P. MULLIN,
operated the aforementioned motot vehicle bearing, upon information and belie( New Yotk State
registration numb et T622899C, with the consent of the Defend^nt, CFIARLES S. GILES.
27. That at all times hereinaftet mentioned, the Defendang ZEPHANIAH P. MULLIN,
opetated the aforcmentioned motor vehicle bearing upon information and belief, New York Sate
registration numbet T622899C, in the scope of his employment s'ith the Defendant,
CHARLES S. GILES.
28. That at all times heteinafter mentioned, the Defendant, CHARLES S. GILES, controlled
the aforementioned motor vehicle bearing, upon information and belief, New York State tegisttation
number T622899C.
29. That at all times hereinafter mentioned, the Defeudant, ZEPFIANIAH P. MULLIN,
contolled the aforementioned motor vehicle bearing, upon information and belie( New Yotk State
registration number T622899C.
30. That at aII ti-es hereinaftet mentioned, the Defendanq CHARLES S. GILES, maintained
the afotementioned motor vehicle bearing, upon infomution and beliet New Yotk State rcgistration
number T622899C.
37. That at dl times hereinaftet mentioned, the Defendant, ZEPHANIAH P. MULLIN,
maintained the afotementioned motor vehicle bearing, upon ioformation and belief, New York Sate
registration numb er T622899C.
32. That at dl times hereinafter mentioned, East 124th Street itr the vicinity of Thitd Aveoue
in the County of New Yorl City and Sate of New York, was a public toadway, street and/ot
tloroughfare.
33. That on or about the 27th &y of Octobet, 2073, * the aforementioned location, ttre
fqfsadzng GEORGE J. LAMADELEINE, was operating the aforesaid motot vehicle owned by the
Deferdang J. B. HUNT TRANSPORT, INC.
34. That on or about the 27th day of Octobel20l3, at the aforementioned location, the
Defend^ng ZEPHANIAH P. MULLIN, was operating the aforesaid motor vehicle owned by the
Psfglrlan! CIIARLES S. GILES.
35. That on or about the 27th day of October, 2073, * tJae aforementioned location, tie
Plahtifq THORA CLAUDETTE CHALI,ENGER, was a passenger in the afotesaid motot vehicle owned
by the Defendant, CFIARLES S. GILES, and operated by the Defendant, ZEPFIANIAH P. MULLIN.
36. That on or about the 27th &y of October, 2073, zt the aforesaid location, the
afotementioned motor vehicles wete involved in a collision.
37. That direcdy as a result of said occurence, the Plaintiff, THORA CLAUDETTE
CFIALLENGER, was caused to sustaio serious personal iniuries and to have suffeted pain, shock and
mental anguish; that upon information and belie( these iniudes and their effects will be petmanent aod
are of t lasting nature; and as a result of said iniuries the Plaiotif( THORA CLI\UDETTE
CHALLENGE& has been caused to incur, and will continue to incur, exPenses for medicd care,
attention and treatuent; and, as a further resulg the Plaintiff, THORA CLAUDETTE CFIALLENGER,
was, and will continue to be, rendered unable to perform her normal activities and duties and has
susained a rcsulant loss theteftom.
38. That the said occurrence was dLecdy as a rcsult of, and was due solely and wholly to, the
iodividual, ioint, ioint and severd and concurent negligence, catelessness and recklessness of the
Defen&nts io the ownership, operatioo, maintenance, superrision, use and control of the afotesaid
vehicles, and tle Defendaots were otherwise negligeng careless and rcckless undei the circumsaoces
then and thete prevailing.
39. That the Plaintiff, THORA CLAUDETTE CI{ALLENGER, sustained serious inluties as
defined by $5102(d) of the Insurance Law of the State of New Yotk.
40. That ttre Plaintif( THORA CIr\UDEI'TE CI{r\r r FNGER, sustained sedous inlury and
economic loss greater than basic ecooomic loss as defioed by $5104 of tle Iosunnce Law of the State of
New York.
41. That this action falls within one ot more of the exceptions set forth in CPLR $1602.
42. As a rcsult of the foregoing, the amount of damages sought hetein exceeds the
iudsdictional limits of all lower courts, which might otherwise have iurisdiction hetein.
WHEREFORE, the Plaintiff demands moneary iudgment against the Defendans in ao amount
to be deternined upon the ri^l of this action, togethet with the coss and disbusemens of this action.
Dated: Btooklyn, New Yotk
February 14,2074
Youts, etc.
I.AW OFFICES OF AIEKSANDRVAKAREV
By: /./a-/r-."..-
Aleksan& Vakarev, Esq.
Attomeys fot Plaintiff
THORA CLAUDETTE CHALLENGER
2566 86th Steet, Suite 1
Brooklyn, New Yotk 11214
718-368-0690
Out File No.: 86,14
ATTORNEYIS VERIFICATION
STATEOFNEWYORT< )
).SS:
couNTYoF KrNGS )
The undenigned, an attomey, duly admitted to practice law in the Cous of the State of
New York, and hereby deposes and states that:
I am the attomey for the Plaintif( THORA CI-AUDETTE CFIALLENGER, in the above action. I
have tead ttre aonexed COMPI-AINT and know the contents theteof and the same are true to my
knowledge, except those matteis therein which are sated to be dleged upon inforrnation and belief, and
as to those matters I believe ttrem to be true. My belief, as to those matters therein trot stated upon
knowledge, is based upon the following investigation, interiews with client, tecords, repotts,
documents, conespondence, &ta, memoranda, etc., conained in tie file.
The reason I make this verification instead of the Plaintiff, is that the Plaintiff tesides out of the
County of Kings, wherein I mainain my ofEces.
I af6rrn that the foregoing statemeots are true undet the penrlties of poi"ty.
Dated: Brooklyn, New York
February 74,2014
lAleksan&
//a/-",,-,-'
Vakarev, Esq.
L■
StlPREME COURT OF THE SrATE OF NEW YORK
COUNrY OF N口 Ⅳ YORK lndex No.:
THORA CLAUDEllL CHALLENGER
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SUMMONS AND VERIFIED COMPLAINT
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Preview
FILED: NEW YORK COUNTY CLERK 02/25/2014 INDEX NO. 151998/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2014 SUPREME COURT OF THESTATE OF NEW YORK COUNTY OF NEW YORK Index No.: X Date Purchased: THORA CLAUDEllL CIIALLENGEヽ SUMMONS Plaれ ,ぅ Plaintiff designates New York County as the place of t ial. ―aganst― The basis ofvenue is: Plaintiffs plzce of residence 鵬 ,恭艦 岬鍋駄謬操iJttLM Plaintiff rcsides ac CHARLESS.GTT ES, 455 East 1 1 6th Stteet, Apr 1 6 New Yodr, New Yotk 10029 Eり 麟 レ″IS County of New York X to tfie a6we n4rne[Qefefltaflts: YOU ARE HEREBYSUMMONED to answet the complaint in this action, and to sere a copy of yout answer, or, if ttre compl"inl is oot served s,ith this summons, to serve a notice of appeatanci on the Plaintiff s attomey(s) within t'wenty days after the service of this summons, exclusive oT the day ofservice, where service is made by delivery upon you personally within tlle state, ot, within 30 days after completion of serrice where service is made in any othet manner. In case ofyour failute to apfear ot answer, iudgment will be taken against you by default fot the telief demanded in the complainl. Dated: Brooklyn, New York February 74,2014 Yoぃ ,etc LAW OFFICES OF ALEKSANDR VAKAREV By: //2‑ Alcksandr Vakarev,Esq Attomeys for Phdff THORA CLAUDEllL CIIALLENGER 2566 86th Street Suitc l Brooklyn,New York l1214 718‑368‑0690 0ur Flc N。 :8644 GEORGE J. I-.IUVIADFr FINE 90 Geddes Tertace Waterbury, Connecticut 06708 J. B. HUNT TRANSPORT, INC. 615 J.B. Hunt Corporate Dtive Lowell, Arkansas 72745 ZEPI{ANIAH P. MULLIN 1901 Madison Avenue, Apt. 212 New Yotk, New Yotk 10035 CHARLES S. GILES 11 Fishet Courg Apt 4C White Plains, New York 10601 CHARLES S. GILES 350 Watwick Avenue Mount Vemon, New York 10553 SUPREME COURT OF THE ST̲A¶ E OF NEW YORK COUNW OF NEW YORK THORA CLヽ UDEllL Ch｀ TI ENGEL Plaintilf, ―attζ a口 nst̲ Index No.: 廠 剛 3辻 IS郷 田 漁 Jh樋 躍 鴻 CHARLESS GILES, Defmdants. Plaintiff, by her attomeys, LAW OFFICES OF AIEKSANDR VAKAREV, compl'ining of the Defen&ots, tespectfrrlly alleges, upon information and belief: 1. That at all times heteioaftet mentioned, the Plaintiff, THORA CLAUDETTE CFIALLENGER, was, and still is, a rcsident of the County of New Yot\ City aod State of New York 2. Ttlrt * l ti-es hereinafter mentioned the Defendant, GEORGEJ. LAMADELEINE, was, aod still is, upon information and belie( a resident of the County of New Haven, City of Waterbury, and State of Coonecticut. 3. That at all ti"'es hereinaftet mentioned, and on the 27th &y of October, 2013, and prior theteto, the Defeodaogj. B. HUNT TRANSPORT, INC., was, and still is, upon infornation and belief, a domestic business corporation duly organized and existing under and by virtue of the laws of the State of Geoi,. 4. That at all times hereinafter mentioned, and on the 27th &y of Octobeq 2013, and prior thereto, the DefendangJ. B. HUNT TRANSPORT, INC., was, and still is, upon informatioo and belief, a foteign business corpomtion duly authorized to conduct aod/ot actually engaged in business in the Sate of New Yotk. 5. That at dl times heteinafter mentiooed, and on the 27th &y of Octobet, 2013, and prior thereto, the Defen&og J. B. HUNT TRANSPORT, INC., upoo infotrnation and belief, mahtained a ptincipal place of business aod executive of8ce in the County of Benton, City of Lowe[ and State of Arkansas, located at 615J.B. Hunt Corporate Drive, Lowe[ Atkansts 72745. 6. That at all times heteinafter meationed, and on the 27th day of Octobeq 2013, and priot theteto, the Defen&ng J. B. HUNT TRANSPORT, INC., upon information end belie( maint'ined a ptincipal place of business and executive of6ce in the County of Oklahoma, City of OHahoma City, and t*,. ot Oot-Oo-r, Iocated at 1600 Southeast 66lh Stieeq Oklahoma City, Qklzhqma /lt4!. 7. TJrpt*all times hereinafter mentioned, the Defen&ng ZEPFIANIAH P. MULLIN' was, and still is, upon information aod belief, a rcsident of the County of New Yotlq City and State of New Yotk. 8. That at all ti-es hereinaftet mentioned, the Defendant, CHARTES S. GILES, was, aod still is, upoo information and belief, a rcsident of the County of Westchester, City of White Plains, and State of New Yotk. 9. That at all times hereinaftet mentioned, the Defendant, CI{ARLES S. GILES, was, and still is, upon inforrnation and belief, a resident of the County of Westchester, City of Mount Vemon, aod Sate of New York. 10. That at all ti-es hereinafter mentioned, and on the 27th &y of Octobet,2013, aod ptiot thereto, the Defendaoq J. B. HUNT TRANSPORT, INC., was the ownet of a cerhin 2014 Intemationel tractor-trailer vehicle bearing upon information and belief, Sate of Oklaho"'o registration numbet 2Sx933. 77 . That at all times hereinaftet mentioned, and on the 27th day of October, 201 3, and priot thereto, the Defendant, J. B. HUNT TRANSPORT, INC', was the regisrant of a certain 2014 Intemational tractor-trailet vehicle bearing, upon infomation and beliet Sate of Oklahoma registration numb et ?SX9 33. 72. That at dl times heteinaftet mentioned, the Defen.l'nt, GEORGEJ. IAlvLtDF r FINE, operated the afotementioned motor vehicle bearing, upon information and belie( State of Oklahoma rcgistration number 2SX933. 13. That at dl times hereinaftet mentioned, the Defendanq GEORGEJ. I-AMADET FINE, operated the aforementioned motot vehicle bearing upon information and belief, Sate of Okl"homa registration number 2SX933, with the pe.-ission of the Defendang J. B. HUNT TRANSPORT, INC. 74. That at dl times heteinaftet meationed, the Defen.l.t'g GEORGE J. LAMADFT FINE, operated the aforementioned motor vehicle bearing, upon information and belie( Sate of Okl"homa regisaation numbet 2SX933, with ttre knowledge of the Defen&ng J. B. HUNT TRANSPORT, INC. 15. That at all times heteinafter mentioned, the Defendant, GEORGEJ. LAMADFI FINE, operated the afotementioned motot vehicle bearhg, upon information and belie( Sate of Oklahoma tegistration numbet 2Sx933, witl the consent of the Defendant, J. B. HUNT TRANSPORT, INC. 76. That at dl times heteinaftet mentioned the Defendanq GEORGEJ. L,{MADFTFINE, operated the aforementioned motot vehicle bearing upon information and belief, Sate of Oklahoma registration number 2SX933, in the scope of his employment with the Defendant, J. B. HUNTTRANSPORT, INC. 17 . That at all times hereinafter mentioned, the Defendaoq J. B. HUNT TRANSPORT, INC., its agens, sernaots, Iicensees, employees, and those acting under its direction, behesg pennissioo aod contto! conttolled the aforementioned motot vehicle beating, upon infotrnation and belie( Sate of Oklahoma tegistration number 2SX933. 18. That at all times hereinaftet mentioned, the Defendaog GEORGEJ. L..\MADFT.F.INE, controlled ttre aforementioned motot vehcle berring, upou information and belief, Sate of Qltl'hsnra tegistration numbet 2SX933. 79. That at all times hereinafter mentioned, the DefendangJ. B. HUNT TRANSPORT,INC., its agents, servants, licensees, employees, and those acting under its direction, behesg perrnission and conEol maint^ined the afotementioned motot vehicle bearing upon information and belief, Sate of Oklahoma regisration number 2SX933. 20. That at all times heteinaftet mentioned, the Defendant, GEORGEJ. LAMADELEINE, maintained the afotementioned motor vehicle bearing, upon information and belief, Sate of Oklahoma rcgistation numb er 25X933 . 27. That at all times hereinafter mentioned, and on ttre 27th &y of October, 2013, and pdot thereto, the Defendant, CFIARLES S. GILES, was the ownet of a certain 2$Ql tins6lo motot vehicle fsarin& upon information and belief, New Yotk Sate registration mrmber T622899C. 22. That at all times heteinaftet mentioned, and on the 27th day of October, 2013, and prior thereto, the Defendan! CHARLES S. GILES, was the rcgisttant of a certain 2003 I incoln motot vehicle beating, upon information and belief, New York State tegisuation numb er T622899C. 23. Thal zt zl7 times hereinafter mentioned, the Defendant, ZEPFIANIAH P. MULLIN, operated the aforementiooed motor vehicle bearing, upon information and belief, New Yotk State regis tration number T622899C. 24. That at all ti-es hereinaftet mentioned, the Defenda.t, ZEPHANIAH P. MULLIN, operated the afotementioned motor vehicle bearing, upon infom2tion and belief, New Yotk State tegisttation number T622899C, with the permission of the Defendanq CHARLES S. GILES. 25. That at all times heteinaftet mentioned, &s I)gfsa.lang ZEPFIANIAH P. MULLIN, opetated the aforementioned motot vehicle bearing, upon information and belief, New York State registration numb er T622899C, stith the knowledge of the Defeodant, CHARLES S. GILES. 26. That at all times hereinaftet mentioned, the Defendant, ZEPI{ANIAH P. MULLIN, operated the aforementioned motot vehicle bearing, upon information and belie( New Yotk State registration numb et T622899C, with the consent of the Defend^nt, CFIARLES S. GILES. 27. That at all times hereinaftet mentioned, the Defendang ZEPHANIAH P. MULLIN, opetated the aforcmentioned motor vehicle bearing upon information and belief, New York Sate registration numbet T622899C, in the scope of his employment s'ith the Defendant, CHARLES S. GILES. 28. That at all times heteinafter mentioned, the Defendant, CHARLES S. GILES, controlled the aforementioned motor vehicle bearing, upon information and belief, New York State tegisttation number T622899C. 29. That at all times hereinafter mentioned, the Defeudant, ZEPFIANIAH P. MULLIN, contolled the aforementioned motor vehicle bearing, upon information and belie( New Yotk State registration number T622899C. 30. That at aII ti-es hereinaftet mentioned, the Defendanq CHARLES S. GILES, maintained the afotementioned motor vehicle bearing, upon infomution and beliet New Yotk State rcgistration number T622899C. 37. That at dl times hereinaftet mentioned, the Defendant, ZEPHANIAH P. MULLIN, maintained the afotementioned motor vehicle bearing, upon ioformation and belief, New York Sate registration numb er T622899C. 32. That at dl times hereinafter mentioned, East 124th Street itr the vicinity of Thitd Aveoue in the County of New Yorl City and Sate of New York, was a public toadway, street and/ot tloroughfare. 33. That on or about the 27th &y of Octobet, 2073, * the aforementioned location, ttre fqfsadzng GEORGE J. LAMADELEINE, was operating the aforesaid motot vehicle owned by the Deferdang J. B. HUNT TRANSPORT, INC. 34. That on or about the 27th day of Octobel20l3, at the aforementioned location, the Defend^ng ZEPHANIAH P. MULLIN, was operating the aforesaid motor vehicle owned by the Psfglrlan! CIIARLES S. GILES. 35. That on or about the 27th day of October, 2073, * tJae aforementioned location, tie Plahtifq THORA CLAUDETTE CHALI,ENGER, was a passenger in the afotesaid motot vehicle owned by the Defendant, CFIARLES S. GILES, and operated by the Defendant, ZEPFIANIAH P. MULLIN. 36. That on or about the 27th &y of October, 2073, zt the aforesaid location, the afotementioned motor vehicles wete involved in a collision. 37. That direcdy as a result of said occurence, the Plaintiff, THORA CLAUDETTE CFIALLENGER, was caused to sustaio serious personal iniuries and to have suffeted pain, shock and mental anguish; that upon information and belie( these iniudes and their effects will be petmanent aod are of t lasting nature; and as a result of said iniuries the Plaiotif( THORA CLI\UDETTE CHALLENGE& has been caused to incur, and will continue to incur, exPenses for medicd care, attention and treatuent; and, as a further resulg the Plaintiff, THORA CLAUDETTE CFIALLENGER, was, and will continue to be, rendered unable to perform her normal activities and duties and has susained a rcsulant loss theteftom. 38. That the said occurrence was dLecdy as a rcsult of, and was due solely and wholly to, the iodividual, ioint, ioint and severd and concurent negligence, catelessness and recklessness of the Defen&nts io the ownership, operatioo, maintenance, superrision, use and control of the afotesaid vehicles, and tle Defendaots were otherwise negligeng careless and rcckless undei the circumsaoces then and thete prevailing. 39. That the Plaintiff, THORA CLAUDETTE CI{ALLENGER, sustained serious inluties as defined by $5102(d) of the Insurance Law of the State of New Yotk. 40. That ttre Plaintif( THORA CIr\UDEI'TE CI{r\r r FNGER, sustained sedous inlury and economic loss greater than basic ecooomic loss as defioed by $5104 of tle Iosunnce Law of the State of New York. 41. That this action falls within one ot more of the exceptions set forth in CPLR $1602. 42. As a rcsult of the foregoing, the amount of damages sought hetein exceeds the iudsdictional limits of all lower courts, which might otherwise have iurisdiction hetein. WHEREFORE, the Plaintiff demands moneary iudgment against the Defendans in ao amount to be deternined upon the ri^l of this action, togethet with the coss and disbusemens of this action. Dated: Btooklyn, New Yotk February 14,2074 Youts, etc. I.AW OFFICES OF AIEKSANDRVAKAREV By: /./a-/r-."..- Aleksan& Vakarev, Esq. Attomeys fot Plaintiff THORA CLAUDETTE CHALLENGER 2566 86th Steet, Suite 1 Brooklyn, New Yotk 11214 718-368-0690 Out File No.: 86,14 ATTORNEYIS VERIFICATION STATEOFNEWYORT< ) ).SS: couNTYoF KrNGS ) The undenigned, an attomey, duly admitted to practice law in the Cous of the State of New York, and hereby deposes and states that: I am the attomey for the Plaintif( THORA CI-AUDETTE CFIALLENGER, in the above action. I have tead ttre aonexed COMPI-AINT and know the contents theteof and the same are true to my knowledge, except those matteis therein which are sated to be dleged upon inforrnation and belief, and as to those matters I believe ttrem to be true. My belief, as to those matters therein trot stated upon knowledge, is based upon the following investigation, interiews with client, tecords, repotts, documents, conespondence, &ta, memoranda, etc., conained in tie file. The reason I make this verification instead of the Plaintiff, is that the Plaintiff tesides out of the County of Kings, wherein I mainain my ofEces. I af6rrn that the foregoing statemeots are true undet the penrlties of poi"ty. Dated: Brooklyn, New York February 74,2014 lAleksan& //a/-",,-,-' Vakarev, Esq. L■ StlPREME COURT OF THE SrATE OF NEW YORK COUNrY OF N口 Ⅳ YORK lndex No.: THORA CLAUDEllL CHALLENGER Plallヴ ‐agant‐ GEORCEJ LNヽlADELEINLJ B II― 口&岨Ч芽OR■ INCゥ ZEPHANIAH P ヽ軋LLIN′ and CIIARLESS GLES "rS "滋 SUMMONS AND VERIFIED COMPLAINT LAW OFFICES OF ALEKSANDR VAKAREV A'I・ eSメ ″Plal"ヴ THORA CLAUDし 1lL CHALLENGER り 濯 POSt ρ炉 ス燃 S,■ ■わ″ ′ 256686● Sttt Sutel Brooklyn7 nJY l1214 718368抑 贅 面 腱 ofa oPy ofthe¨ 価 Lhmby価 檄五 . Dated:.… … … … … … …20.… ¨ Ы評 睡 (Rule 1011.1■ ) PRINr NAME BENEATH Attonzy@ ftr PLEASE TAKE NOnCE: o NOnCE OF EhrrRY htthe哺 品 も a lerufled)mecoPy ofa Duly ented h the omce ofthe derk ofthe wlu named∞ u on 20 o NCICE OFSLilLEMM ht an order Of wluch the宙 thm lsa me oPy 捌 plesented b settlment O腱 HON One ofthe"dges d帳 哺姉 named m at on 211 at M Daにこ YoШ 嗚 etc