STATE OF NEW YORK COURT OF CLAIMS ELIZABETH MULDOON, AS ADMINISTRATRIX OF THE ESTATES OF VERIFIED CLAIM ADAM G. JACKSON AND ABIGAIL JACKSON, SAMUEL J. BURSESE, AS. Index No.: ADMINISTRATOR OF THE ESTATE OF SAVANNAH D. BURSESE, LINDA KING AS ADMINISTRATRIX OF THE ESTATES OF ALLISON KING, AMY KING STEENBURG, and MARY KING DYSON, and DAWN DYSON AS ADMINISTRATRIX OF THE ESTATE OF ROBERT DYSON, Claimants, -against- ‘THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORATION, Respondents. PLEASE TAKE NOTICE, that LaFave, Wein & Frament, PLLC, Law Offices of Matthew Cocea, Martin, Hardin & Mazzotti, LLP, Tabner, Ryan & Keniry, LLP, and E. Stewart Jones Hacker Murphy, LLP, as attomeys for the Claimants herein, pursuant to the statutes and rules in such cases made and provided, do hereby make claim against the State of New York and the State of New York Department of Transportation. In support of this claim, we state the following: 1. The Claimants Elizabeth Muldoon's, as administrator for the Estates of Adam G.Jackson and Abigail Jackson, post office address is 26 Oakland Avenue, Amsterdam, New York The respective Letters of Administration appointing the Administrattices/Administors for the Estates of Claimants’ Decedents annexed hereto as Exhibit A. 2. The attorney for the Claimant Elizabeth Muldoon is LaFave, Wein & Frament, PLL located at post office address 2400 Western Avenue, Guilderland, New York 12084. Their telephone number is 518-869-9094, 3. The Claimant Linda King’s, as the Administratrix of the Estate of Allison King, post office address is 121 Hollywood Road, Amsterdam, New York. The respective Letters of Administration appointing the Administratrices/Administors for the Estates of Claimants’ Decedents annexed hereto as Exhibit A. 4. The attorney for the Claimant Linda King as Administratrix of the Estate of Allison King is the Law Offices of Matthew Cocea, located at post office address 3 Patroon Place, Loudonville, NY 12211. Their telephone number is 314-907-1496. 5. The Claimant Samuel J. Bursese’s, as administrator for the Estate of Savannah Bursese, post office address is 168 Queen Ann Road, Amsterdam, New York, The respective Letters of Administration appointing the Administratrices/Administors for the Estates of Claimants? Decedents annexed hereto as Exhibit A. 6. The attorney for the Claimant Samuel J. Bursese is Martin, Harding & Mazzotti, LLP, located at post office address 1222 Troy-Schenectady Road, P.O. Box 15141, Albany, NY 12212 Their telephone number is 518-862-1200. 7. The Claimant Linda King’s, as Administratrix of the Estate of Amy King Steenburg, 2post office address is 121 Hollywood Road, Amsterdam, New York, The respective Letters of Administration appointing the Administratrices/Administors for the Estates of Claimants’ Decedents annexed hereto as Exhibit A. 8, The attomey for the Claimant Linda King as Administratrix of the Estate of Amy King Steenburg is Tabner, Ryan & Keniry, LLP, located at post office address 18 Corporate Woods Blvd., Albany, NY 12211. Their telephone number is 518-274-5820. 9. The Claimant Linda King’s, as Administratrix of the Estate of Mary King Dyson, post office address is 121 Hollywood Road, Amsterdam, New York. The respective Letters of Administration appointing the Administratrices/Administors for the Estates of Claimants’ Decedents annexed hereto as Exhibit A. 10. The attorney for Claimant Linda King as Administratrix of the Estate of Mary King Dyson is E.Stewart Jones Hacker Murphy LLP, located at post office address 28 2” Street, Troy, NY 12180. Their telephone number is 518-663-6015 11. The Claimant Dawn Dyson's, as Administratrix of the Estate of Robert Dyson, post office address is 86 Ovid Street, Seneca Falls, New York. The respective Letters of Administration appointing the Administratrices/Administors for the Estates of Claimants’ Decedents annexed hereto as Exhibit A. 12. The attorney for Claimant Dawn Dyson is E.Stewart Jones Hacker Murphy LLP, located at post office address 28 2 Street, Troy, New York 12180. Their telephone number is 518-663-6015. 13. The place where this claim arose was on State Route 30, southbound, at its intersectionwith State Route 30A, City of Schoharie, County of Schoharie, State of New York. 14, This claim acerued on the 6" day of October, 2018 at approximately 1:55p.m, 15. This an action to recover money damages for personal injuries resulting in the deaths of Claimants’ Decedents on October 6, 2018, as well as for other damages including but not limited to funeral costs and other related expenses caused in whole or part by the negligence of the Respondents, 16. The incident complained of occurred on Saturday, October 6, 2018 at approximately 1:55 pm at the intersection of Route 30 and Route 30A in the Town of Schoharie, County of Schoharie, State of New York 17, At that time, date and place, Claimants’ Decedents were passengers in a motor vehicle that was involved in a crash at or about the intersection of Routes 30 and 30A in Schoharie, NY that resulted in them suffering extensive injuries resulting in their untimely and unnecessary deaths. 18. That upon information and belief, State Route 30 and State Route 30A are owned by the State of New York and maintained by the State of New York Department of Transportation. 19. That upon information and belief, as owners of the property of State Routes 30 and 30A, Respondents had a duty to patrons invited onto said premises, including Claimants? Decedents, to maintain said premises in a reasonably safe condition, 20. This claim arises from the acts, omissions and/or negligence of the Respondents. The Respondents breached their duty to the Claimants by the following acts, omissions and/or negligence:Permitting persons to drive on State Route 30A at and towards its intersection with State Route 30 in Schoharie, NY while it was in a dangerous and hazardous condition: Failing to adequately post signage on the subject roadway and intersection; Improperly construct ring, designing, maintaining, and inspecting the subject roadways and intersection: Failing to adequately inspect the subject roadway to identify dangerous conditions ineluding but not limited to the approach and intersection of Routes 30A and 30 in Schoharie, NY; Providing an intersection with such a long steep grade leading into it; Failing to provide adequate warning of the intersection and its configuration; Allowing or permitting the subject roadways and intersection to remain in a dangerous and hazardous condition; Failing to place adequate and appropriate traffic control devices, signage and warnings on the subject roadways and intersection; Failing to act timely upon the knowledge and information of the hazardous nature, design and construction of the roadways and intersection; Failing to address and/or correct said hazardous and dangerous conditions despite actual and/or constructive notice of same; In creating the subject dangerous and hazardous road conditions; Failing to address the subject dangerous and hazardous condition of the subjectm °. r and intersection despite knowledge that the contour and design of the roadways and intersection would inerease the danger to motorists; Failing to properly monitor inspection sites; Allowing facilities to issue Inspection stickers without conducting the necessary inspection or inspections; Failing to design, construct and/or install necessary safety devices at the subject intersection such as runaway vehicle ramp or similar construction to reduce and/or Prevent the danger to motorists in the area of the subject roadways and intersection; Failing to properly monitor third parties and facilities entrusted to provide state inspections, stickers, or other related services; F ling to design, construct and/or install necessary safety devices at the subject intersection such as runaway vehicle ramp or similar construction to reduce and/or prevent the danger to motorists in the area of the subject roadways and intersection; Failing to exercise reasonable care in discharging its statutory and regulatory functions relating to the inspection, registration, and/or certification of commercial passenger vehicles: Failing to ensure unfit, non-compliant and dangerous vehicles stop operating on public roads; and Failing to properly monitor whether or not non-compliant and/or inspection-failing vehicles are not operated on state roadways and/or commercially carry passengers. In negligently reinstating the aforementioned 2001 Ford Excursion from 6suspension on September 2018, when it was not fit to be used on public roadways. 21. Solely as a direct and proximate result of the aforesaid negligence of the Respondents, their agents, servants, representatives, and/or employees, Claimants’ Decedents, Abigail King Jackson, Adam Jackson, Allison King, Savannah D. Bursese, Amy King Steenburg, Mary King Dyson, and Robert Dyson, sustained multiple personal injuries, including fear of impending death, conscious pain and suffering prior to death, economic loss, pre-impact terror, multiple severe blunt force injuries resulting in death, and death. 22. Notices of intention to file this claim on behalf of both Abigail King Jackson and Adam Jackson, each entitled “Notice of Intention to File a Claim” were filed in the office of the Attorney General on the 12" day of December, 2018 which was within 90 days of accrual of the claim herein, A copy of each Notice of Intention along with an Affidavit of Service are annexed hereto as Exhibit B. 23. Notices of intention to file this claim on behalf of Allison King, entitled “Notice of Intention to File a Claim” was filed in the office of the Attorney General on the 20" day of December, 2018 which was within 90 days of accrual of the claim herein. A copy of each Notice of Intention along with an Affidavit of Service is annexed hereto as Exhibit B. 24, Notices of intention to file this claim on behalf of Savannah D. Bursese, entitled ‘Notice of Intention to File Claim” was filed in the office of the Attorney General on the 2nd day of November, 2018 which was within 90 days of accrual of the claim herein. A copy of each Notice of Intention along with an Affidavit of Service are annexed hereto as Exhibit B. 25. Notices of intention to file this claim on behalf of Amy King Steenburg, entitled 7“Notice of Intention to File a Claim” was filed in the office of the Attomey General on the 2" day of January, 2019 which was within 90 days of accrual of the claim herein. A copy of each Notice of Intention along with an Affidavit of Service are annexed hereto as Exhibit B. 26, Notices of intention to file this claim on behalf of Mary King Dyson, entitled “Notice of Intention to File a Claim” was filed in the office of the Attorney General on the I* day of January, 2019 which was within 90 days of accrual of the claim herein. A copy of each Notice of Intention along with an Affidavit of Service are annexed hereto as Exhibit B. 27. Notices of intention to file this claim on behalf of Robert Dyson, entitled “Notice of Intention to File a Claim” was filed in the office of the Attorney General on the I* day of January, 2019 which was within 90 days of accrual of the claim herein. A copy of each Notice of Intention along with an Affidavit of Service are annexed hereto as Exhibit B. 28. Claimants seeks to recover money for pain and suffering, wrongful death and all other ‘economic and non-economic damages. 29. This claim is filed within the time constraints set forth in Section 10 of the Court of. Claims Act. 30. As a direct and proximate result of the October 6, 2018 crash, Claimants’ Decedents sustained “serious” injuries as defined in Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 31. By reason of the foregoing, Claimants, in their capacities as administrators, have been damaged, and demand judgment in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.WHEREFORE, itis respectively requested that this claim be allowed and paid by the State of New York and the New York State Department of Transportation. Dated: November 18, 2019 by: nee LaFave, ro] by: Matthew Cocca, Esq. for: LaFave, Wein & Frament, PLLC for: Law Offices of Matthew Cocca Attorneys for Plaintiff Elizabeth Attorneys for Plaintiff Linda King as Muldoon as Administratrix of the Administratrix of the Estates of Abigail King Jackson Estate of Allison King and Adam Jackson 3 Patroon Place 2400 Western Avenue Loudonville, NY 12211 Guilderland, New York 12084 by: Thoffias Mortati, Esq by: William J. Keniry, Esq for: Martin, Harding & Mazzotti, LLP for: abner, Ryan & Keniry, LLP Attorneys for Plaintiff Samuel J. Bursese as Administrator for the Estate of Savannah D. Bursese 1222 Troy-Schenectady Road Albany, NY 12210 by: _ E, Stewart Jones, Esq. Attorneys for Plaintiff Linda King as Administratrix of the Estate of Amy King Steenburg 18 Corporate Woods Biv. Albany, NY 12211WHEREFORE, it is respectively requested that this claim be allowed and paid by the State of New York and the New York State Department of Transportation, Dated: November 25, 2019 for: by: for: Cynthia S, LaFave, Esq. by: LaFave, Wein & Frament, PLLC for: Attorneys for Plaintiff Elizabeth Muldoon as Administratrix of the Estates of Abigail King Jackson and Adam Jackson 2400 Western Avenue Guilderland, New York 12084 ‘Thomas Mortati, Esq Martin, Harding & Mazzotti, LLP for: Attorneys for Plaintiff Samuel J. Bursese as Administrator for the Estate of Savannah D. Bursese 1222 Troy-Schenectady Road Albany, NY 12210 Matthew Cocca, Esq. Law Offices of Matthew Cocea Attorneys for Plaintiff Linda King as Administratrix of the Estate of Allison King 3 Patron Place Loudonville, NY 12211 William J. Keniry, Esq, Tabner, Ryan & Keniry, LLP Attorneys for Plaintiff Linda King as Administratrix of the Estate of Amy King Steenburg 18 Corporate Woods Blvd. Albany, NY 12211WHEREFORE, itis respectively requested that this claim be allowed and paid by the State of New York and the New York State Department of Transportation Dated: November 18, 2019 by: for: for: by: Cynthia S. LaFave, Esq. LaFave, Wein & Frament, PLLC Attorneys for Plaintiff Elizabeth Muldoon as Administratric of the Estates of Abigail King Jackson and Adam Jackson 2400 Western Avenue Guilderland, New York 12084 Thomas Mortati, Esq. Martin, Harding & Mazzotti, LLP Autorneys for Plaintiff Samuel J. Bursese as Administrator for the Estate of Savannah D. Bursese 1222 Troy-Schenectady Road Albany, NY 12210 E. Stewart Jones, Esq. by: for: Matthew Cocea, Esq Law Offices of Matthew Cocca Attorneys for Plaintiff Linda King as Administratrix of th Estate of Allison King 3 Patroon Place Loudonville, NY 12211 Mf by: for: William J. Keniry, Esq. Tabner, Ryan & Keniry, LLP Attorneys for Plaintiff Linda King as Administratrix of the Estate of Amy King Steenburg 18 Corporate Woods Blvd. Albany, NY 12211Attorneys for Plaintiffs Linda King. as Administrator for the Estate Of’ Mary King Dyson and Dawn Dyson as Administrator for the Estate of Robert Dyson 28.2" St. ‘Troy, NY 12180 10STATE OF NEW YORK COURT OF CLAIMS ELIZABETH MULDOON, AS. ADMINISTRATRIX OF THE ESTATES OF VERIFICATION ADAM G. JACKSON AND ABIGAIL JACKSON, SAMUEL J. BURSESE, AS Index No, ADMINISTRATOR OF THE ESTATE OF SAVANNAH D. BURSESE, LINDA KING AS ADMINISTRATRIX OF THE ESTATES, OF ALLISON KING, AMY KING STEENBURG, and MARY KING DYSON, and DAWN DYSON AS ADMINISTRATRIX OF THE ESTATE OF ROBERT DYSON, Claimants, -against- THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORATION, Respondents. STATE of NEW YORK COUNTY of ALBANY ae CYNTHIA S. LAFAVE, ESQ, an attorney licensed to practice law in New York State, affirms under the penalties of perjury and CPLR §2106 that Plaintiffs” Verified Claim is true to the best of my knowledge except as to those matters alleged on information and belief, and as to those matters I believe them to be true. The source of my knowledge is the file maintained in my office, including but not limited to medical records, discussions with Plaintiffs and prior cases,I make this verification in place of Plaintiff Elizabeth Muldoon, as administratrix of the Estates of Adam G. Jackson and Abigail Jackson, as she is not physically present in the County of ALBANY where our offices are located. Dated: December ib +2019 Guilderland, New York Signature:STATE OF NEW YORK COURT OF CLAIMS ELIZABETH MULDOON, AS ADMINISTRATRIX OF THE ESTATES OF VERIFICATION ADAM G. JACKSON AND ABIGAIL JACKSON, SAMUEL J. BURSESE, AS Index No. ADMINISTRATOR OF THE ESTATE OF SAVANNAH D. BURSESE, LINDA KING AS ADMINISTRATRIX OF THE ESTATES OF ALLISON KING, AMY KING STEENBURG, and MARY KING DYSON, and DAWN DYSON AS ADMINISTRATRIX. OF THE ESTATE OF ROBERT DYSON, Claimants, -against- THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF. TRANSPORATION, Respondents. STATE of NEW YORK county of A/, Saacy Thoms Z Monae an attomey licensed to practice law in New York ss, State, affirms under the penalties of perjury and CPLR §2106 that Plaintiffs" Verified Claim is true to the best of my knowledge except as to those matters alleged on information and belief, and as | to those matters I believe them to be true. The source of my knowledge is the file maintained in my office, including but not limited to medical records, discussions with Plaintiffs and prior cases.make this verification in place of Plaintit Stimus J. Perjepe : as he/she is not physically present in the County of (1/5 a. 7 where our offices are located. Dated: December (2, 2019 Ab bung New YorkSTATE OF NEW YORK COURT OF CLAIMS eases eesronsestceseeseessesisanentoneotetesebitananssar oneness tessiaap ELIZABETH MULDOON, AS ADMINISTRATRIX OF THE ESTATES OF ADAM G. JACKSON AND ABIGAIL JACKSON, SAMUEL J. BURSESE, AS ADMINISTRATOR OF THE ESTATE OF SAVANNAH D. BURSESE, LINDA KING AS ADMINISTRATRIX OF THE ESTATES OF ALLISON KING, AMY KING STEENBURG, and MARY KING DYSON, and DAWN DYSON AS ADMINISTRATRIX OF THE ESTATE OF ROBERT DYSON, Claimants, -against- ‘THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORATION, Respondents. VERIFICATION Index No.: STATE of NEW YORK : £88, COUNTY of ALBANY MATTHEW C. COCCA, an attorney licensed to practice law in New York State, affirms under the penalties of perjury and CPLR §2106 that Plaintiffs’ Verified Claim is true to the best of my knowledge except as to those matters alleged on information and belief, and as to those matters I believe them to be true. The source of my knowledge is the file maintained in my office, including but not limited to medical records, discussions with Plaintiffs and prior cases,I make this verification in place of PlaintifT LINDA KING AS ADMINISTRATRIX OF THE ESTATES OF ALLISON KING as she is not physically present in the County of ALBANY where our offices are located. Dated: December 17, 2019 ALBANY, New York Signature: MATTHEW C. COCCA, ESQ. AS ATTORNEY FOR ‘THE ESTATE OF ALLISON KINGSTATE OF NEW YORK COURT OF CLAIMS OO ELIZABETH MULDOON, AS ADMINISTRATRIX OF THE ESTATES OF ADAM G. JACKSON AND. ABIGAIL JACKSON, SAMUEL J. BURSESE, AS ADMINISTRATOR OF THE ESTATE OF SAVANNAH D. VERIFICATION BURSESE, LINDA KING AS. ADMINISTRATRIX OF THE ESTATES Index No.: OF ALLISON KING, AMY KING STEENBURG, and MARY KING DYSON, and = DAWN DYSON AS. ADMINISTRATRIX OF THE ESTATE OF ROBERT DYSON, Claimants, -against- THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORA TION, Respondents, STATE OF NEW YORK COUNTY OF ALBANY Ss WILLIAM J. KENIRY, ESQ, an attomey licensed to practice law in New York State, affirms under the penalties of perjury and CPLR §2106 that Plaintiffs’ Verified Claim is true to the best of my knowledge except as to those matters alleged on information and belief, and as to those matters I believe them to be true. The source of my knowledge is the file maintained in my office, including but not limited to medical records, discussions with Plaintiffs and prior cases,among other things. I make this verification in place of Plaintiff LINDA KING AS ADMINISTRATRIX OF THE ESTATE OF AMY KING STEENBURG as she is not physically present in the County of ALBANY where our offices are located. Dated: December 19, 2019, Albany, NewYork. By: Wifiam J. TABNER, RYAN & KENIRY, LLP Attorneys for the Estate of Amy King Steenburg 18 Corporate Woods Boulevard, Suite 8 Albany, New York 12211 Telephone: (518) 512.5304 —Doro rose NOTARY PUBLIC DANA MARTIN, Notary Pubic Stato of New York No. ovMastose33 usified in Saratoga Count Commission Expires 11/03/20;STATE OF NEW YORK COURT OF CLAIMS ELIZABETH MULDOON, AS ADMINISTRATRIX OF THE ESTATES OF VERIFICATION ADAM G. JACKSON AND ABIGAIL JACKSON, SAMUEL J. BURSESE, AS Index No.: ADMINISTRATOR OF THE ESTATE OF SAVANNAH D. BURSESE, LINDA KING AS ADMINISTRATRIX OF THE ESTATES OF ALLISON KING, AMY KING STEENBURG, and MARY KING DYSON, and DAWN DYSON AS ADMINISTRATRIX, OF THE ESTATE OF ROBERT DYSON, Claimants, -against- THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORATION, Respondents. STATE of NEW YORK, COUNTY of RENSSELAER E, STEWART JONES, JR., an attorney licensed to practice law in New York State, affirms under the penalties of perjury and CPLR §2106 that Claimant's Verified Claim is true to the best of my knowledge except as to those matters alleged on information and belief, and as to those matters I believe them to be true. The source of my knowledge is the file maintained in my office, including but not limited to medical records, discussions with Claimant and prior cases. I make this verification in place of Claimant, LINDA KING as Administratrix of the Estate of Mary King Dyson, as she is not physically present in the County of Rensselaer wheremy offices are located. Dated: December 18, 2019 Troy, New York E. STEWART JONES R pene LT 29 Second Street Troy, NY 12180 Telephone: 4 (518) 274-5820EXHIBIT ACertificates 4753 Surrogate's Court of the State of New York Montgomery County Files: 2018-140 Certificate of Appointment of Administrator IT IS HEREBY CERTIFIED that Letters forthe Estate of hé Decedent named below have been granted by this Court, and such Letters are unrevoked,‘afé valid'and aré’in,ull force as of this date. Name of Decedent: Adam 6. Jackson : taka. Adam jdekson Date of Death: Ostober 6, 2018 Domicile: City of amstefdatn.* Fiduciary Appointed: Elizabeth Muld 1 | 26 Oakland Ayenue' ) Amsterdam NY, 12640. == i uo Geeve Letters Issued: LETTERS OF AMI TIONG tse Letters Issued On: February. 1.2019 Limitations: Pursuant to SCPA #02, and Uniform Rules for Surrogate's Court 207.38, no final compromise of any wrongful death or related action(s)qr-proceeding(s) shall be made, noF any attorney's fees taken relating to the wrongful death action, without prior application to the surrogate for leave to compromise said action(s) or roceeding(s) and obtaining an order from the stitrogate approving said compromise and distribution of proceeds, if any. a . and such Letters are unrevoked and in full force as of this date. Dated: February 1, 2019 IN TESTIMONY WHEREOF, the seal of the Fonda, New York ‘Montgomery County Surrogate's Court has been affixed. WITNESS, Honorable Guy R. Tomlinson, Judge of the ‘Court, Alison C. Thomas, Chief Clerk Montgomery County Surrogate's Court This Certificate is Not Valid Without the Raised Seal of the Montgomery County Surrogate’s CourtOn the Date Written Below LETTERS OF ADMINISTRATION CTA were granted by the Surrogate's Court of Montgomery County, New York as follows: File #: 2018-140 Name of Decedent: Adam G. Jackson Date of Death: 10-06-2018 AKA Adam Jackson Domicile: City of Amsterdam ‘Type of Letters Issued: LETTERS OF ADMINISTRATION CTA Fiduciary Appointed: Elizabeth Muldoon 26 Oakland Avenue Amsterdam NY 12010 Limitations: | Pursuant to SCPA 702, and Uniform Rules for Surrogate's Court 207.38, no final compromise of any wrongful death or related action(s) or procesding(s) shall be made, nor any attorney's fees taken relating to {the wrongful death action, without prior application to the surrogate for leave to compromise said action(s) or Proceeding(s) and obtaining an ordor from the surrogate approving sald compromise and distribution of proceeds, if any. THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above, Dated: February 1, 2019 IN TESTIMONY WHEREOF, the seal of the Montgomery County Surrogate's Court has been affixed, WITNESS, Hon Guy P. Tomlinson, Judge of the Montgomery County Surrogate's Cour ‘Alison G. Thomas, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Montgomery County Surrogate's Court Attorney: Jeffrey Francisco Francisco Law Firm 17 Market Street ‘Amsterdam NY 12010Cortiticates 4852 Surrogate's Court of the State of New York Montgomery County File#: 2018-139 Certificate of Appointment of Administrator IT'S HEREBY CERTIFIED that Letters for the EState of thé Decedent named below have been granted by this Court, and such Letters are unrevoked ‘af valld and aré ittull force as of this date Name of Decedent: Abigaj Date of Death: October 6; 2018 Domicile: City of Amsterdany, Fiduciary Appointed: Elizabeth Mi | 26 Dakiand | Amsterdam tations: Pursuant to SGPA 702, and Uniformi:Rulés for'Syerogate’s Court 207.38, no final compromise of any wrongful death or related actiog(s) or proceeding(s) shall be made, not any attorney's fees taken, relating to the wrongful death action, withett Bra? application to the surrogate for leave to compromise said action(s) or roceeding{s) and obtaining an order from thie surrogate approvin promise and distribution of proceeds, if any. ae said c and such Letters are unrevoked and in full force as ofthis date. Dated: February 5, 2018 IN TESTIMONY WHEREOF, the seal of the Fonda, New York ‘Montgomery County Surrogate's Court has been affixed. ‘Montgomery County Surrogate's Court This Certificate is Not Valid Without the Reised Seal of the Montgomery County Surrogate's CourtOn the Date Written Below LETTERS OF ADMINISTRATION CTA were granted by the Surrogate's Court of Montgomery County, New York as follows: File #: 2018-139 Name of Decedent. Abigail Jackson Date of Death: 10-06-2018 Domicile: City of Amsterdam ‘Type of Letters Issued: LETTERS OF ADMINISTRATION CTA Fiduciary Appointed: Elizabeth Muldoon 26 Oakland Avenue Amsterdam NY 12010 Limitations: Pursuant to SCPA 702, and Uniform Rules for Surrogate's Court 207.38, no final compromise of any wrongful death or related action(s) or proceeding(s) shall be made, nor any attorney's fees taken relating to the wrongful death action, without prior application to the surrogate for leave to compromise said action(s) or Proceeding(s) and obtaining an order from the surrogate approving said compromise and distribution of proceeds, i any. ‘THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the ‘above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: Febsuary 1, 2019 IN TESTIMONY WHEREOF, the seal of the Montgomery County Surrogate's Court has been affixed. WITNESS, Hon Guy P. Tomlinson, Judge of the Montgomery ‘County Surrogate's Court jomnas, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Montgomery County Surrogate's Court Attorney: Jeffrey Francisco Francisco Law Firm 17 Market Street ‘Amsterdam NY 12010Contficatet 5167 Surrogate's Court of the State of New York - Fulton County Certificate of Appointment of Administrator IT IS HEREBY CERTIFIED that Let{érs in the estate of the.Decédent named below have been granted by this court, as follows: rg Filo #: 2019-7 Name of Decedent: _ Savarinah D Bursese*%jp}! Date of Death: October 6, 2018 aka, Savgnnah Devonne Burgs sa : Broadalbin,'NY, Count/of Fulton Domicile: Fiduciary Appointed: Mailing Address: Type of Letters Issued: Letters Issued On: 2 Limitations: Pursuant to SCPA'702;and Unifofin Rules, compromise of any wrongful death or related action(s) 6 proceeding(s) shall be made, nor any attorney's fees taken relating to the wrongful d stiori, without prior application to the surrogate for leave to compromise said action(s) or proceéding(s) and obtaining’n order from the surrogate approving said compromise and distribution of proceeds, if any.” and such Letters are unrevoked and in full force as‘of this date. INTESTIMONY WHEREOF, | have hereunto set my hand and affixed the seal of the Fulton County Surrogate's Court at Johnstown, New York, jurrogate's Court 207.38, no final Dated: January 23, 2019 WITNESS, Hon. Polly A Hoye, Judge of the Fulton Coynty Surrogate’s Court. Fulton County Surrogate's Court This Certificate is Not Valid Without the Raised Seal of the Fulton County Surrogate's CourtOn the Date Written Below LETTERS are Granted by the Surrogate's Court, State of New York as follows: File #: 2019-7 Name of Decedent; Savannah D Bursese Date of Death: October 6, 2018 AKA Savannah Devonne Bursese Domicile of Decedent: Broadalbin, NY, County of Fulton SCANNED Fiduciary Appointed: Samuel J Bursese Mailing Address 168 Queen Ann Rd JAN 28 2019 ‘Amsterdam NY 12010 Fulton County Surrogate's Court Letters Issued: LETTERS OF ADMINISTRATION WITH LIMITATIONS Limitations: Pursuant fo SCPA 702, and Uniform Rules for Surrogate's Court 207.38, no final compromise of any wrongful death or related action(s) or proceeding(s) shall be made, nor any attorney's fees taken relating to the wrongful death action, without prior application to the surrogate for leave to compromise said action(s) or proceeding(s) and obtaining an order from the surrogate approving said compromise and distribution of proceeds, if any. THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform alll acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. IN TESTIMONY WHEREOF, the seal of the Fulton Dated: January 23, 2019 County Surrogate's Court has been affixed. WITNESS, Hon Polly A Hoye, Judge of the Fulton unty Surrogate's Court. , Chief Clerk These Letters are Not Valid Without the Raised Seal of the Fulton County Surrogate's Court Attorney: Jeffrey G Sullivan Sullivan Hess & Youngblood 4 Executive Park Drive Albany NY 12203Certificate# 25249 Surrogate's Court of the State of New York Saratoga County Certificate of Appointment of Administrator : = File #: 2018-704 IT IS HEREBY CERTIFIED thet granted by this court, as follo éni,named below have been Name-of Decedent: _/Alligoi A. King Domicile: f Safirey, ie ‘Gounty otgartodh Fiduclary Appointed’ Linda 8! ! \ Mailing Address: (zt Hollen Road \ Amsterdam, Ny 420: fet Type of Letters issled: | (uerregs Letters issued On: | ‘Yanu y 10; 26 Limitations: Pursuant to SCPA 702, nd Uni compromise of any wr enti ef death oF relate attorney's fees taken relating to the wrai application to the surrogate for ful ni; WI leave to compromise said,action(s) or proces a arid.gota ning an order ‘from the surrogate in distribution of proceeds, Ifa \ | I tie ery | i : Dated: January 10, 2019 TEStIVONY WHEREOF, J have hereunto set my liad and affixed the seal of the Saratoga County Surrogate's Court at Ballston Spa, New York. WITNESS, Hon, Richard A. fe - of the a Clerk Saratoga os ity mi Suregeiee Court This Certificate is Not Valid Without the Raised Seal of the Saratoga County Surrogate's CourtOn the Date Written Below LETTERS are Granted by the Surrogate's Court, State of New York as follows: File #: 2018-704 Name of Decedent: Allison A. King Date of Death: October 6, 2018 Domicile of Decedent: Galway, NY, County of Saratoga SCANNED Fiduciary Appointed: Linda S. King JAN 14 2019 Mailing Address 121 Hollywood Road Amsterdam NY 12010 Letters Issued: LETTERS OF ADMINISTRATION WITH LIMITATIONS, Limitations: Pursuant to SCPA 702, and Uniform Rules for Surrogate's Court 207.38, no final Compromise of any wrongful death or related action(s) or proceeding(s) shall be made, nor any attorney's fees taken relating to the wrongful death ection, without prior application to the surrogate for leave to compromise sald action(s) or proceeding(s) and obtaining an order from the surrogate approving said compromise and distribution of proceeds, if any. THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: January 10, 2019 IN TESTIMONY WHEREOF, the seal of the Saratoga County Surrogate's Court has been affixed. WITNESS, Hon Richard A. Kupferman, Judge of the Saratpg#! County Surrogate's Cot Catharine A. Ruggles, Chil Clerk These Letters are Not Valid Without the Raised Seal of the Saratoga County Surrogate's Court Attorney: Francisco Law Firm 17 Market Street Amsterdam NY 12010On the Date Written Below LETTERS OF ADMINISTRATION were granted by the Surrogate’s Court of Montgomery County, New York as follows: File #: 2018-138 Name of Decedent Amy L. Steenburg Date of Death: 10-06-2018 Domicile: of Amsterdam ‘Type of Letters Issued: LETTERS OF ADMINISTRATION Fiduciary Appointed: Linda $. King 121 Hollywood Road Amsterdam NY 12010 Limitations: Pursuant to SCPA 702, and Uniform Rules for Surrogate's Court 207.38, no final compromise of any wrongful death or related action(s) or proceeding(s) shall be made, nor any attorney's fees taken relating to the wrongful death action, without prior application to the surrogate for leave to compromise said action(s) or Proceeding(s) and obtaining an order from the surrogate approving said compromise and distribution of proceeds, if any. Bond is dispensed with and all moneys and property belonging to decedent shall be collected and managed and ‘shall be deposited, so far as same are readily capable of deposit, to an account in any bank and/or saving and loan institution, and/or like financial institution approved by the court, within this state, jointly in the name of the fiduciary and FRANCISCO LAW FIRM and all withdrawals therefrom shall be subject to the counter-signature of FRANCISCO LAW FIRM, THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject fo the limitations and restrictions, if any, as set forth above. Dated: November 9, 2018 IN TESTIMONY WHEREOF, the seal of tne Montgomery County Surrogate's Court has been affixed WITNESS, Hon Guy P. Tomlinson, Judge of the Montgomery County Surrogate's Court Ison C. Thomas, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Montgomery County Surrogate's Court Attorney: Jeffrey Francisco Francisco Law Firm 17 Market Street ‘Amsterdam NY 12010Cortificater 7518 Surrogate's Court of the State of New York Jefferson County Certificate of Appointment of Administrator File #: 2018-203 IT IS HEREBY CERTIFIED that Letters in the estate of the Decedent named below have been granted by this court, as follows: Name of Decedent: Mary E Dyson Date of Death: October 6, 2018 Domicile: City of Watertown, NY Fiduciary Appointed: Linda $ King Mailing Address: 121 Hollywood Road Amsterdam NY 12010 ‘Type of Letters Issued: LETTERS OF ADMINISTRATION WITH LIMITATIONS Letters Issued On: March 6, 2019 Limitations: With respect to any rights of action in favor of decedent or decedent's representative, whether arising under general or special provision of law, the representative is RESTRAINED from compromising the same or from enforcing any judgment recovered thereon, until the further order of this Court or of the Supreme Court of New York, made after due notice to all persons interested therein and upon the filing of satisfactory security. and such Letters are unrevoked and in full force as of this date. Dated: March 6, 2019 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Jefferson County Surrogate's Court at Watertown, New York, WITNESS, Hon. Peter A Schwerzmann, Judge of the Jefferson County Surrogate's Court. Dawn E Bast, Chief Clerk Jefferson County Surrogate's Court This Certificate is Not Valid Without the Reised Seal of the Jefferson County Surrogate's CourtCertificates 7477 Surrogate's Court of the State of New York Jefferson County Certificate of Appointment of Administrator File #: 2018-277 iis HEREBY CERTIFIED that Letters inthe estate of the Decedet named below have been granted by this court, as follows: Name of Decedent: _ Robert J Dyson Date of Death: October 6, 2018 Domicile: City of Watertown, NY Fiduciary Appointed: Dawn M Dyson Mailing Address: 86 Ovid Street Seneca Falls NY 13148 Type of Letters Issued: LETTERS OF ADMINISTRATION WITH LIMITATIONS Letters Issued On: ‘March 6, 2019 Limitations: With respect to any rights of action in favor of decedent or decedent's representative, whether arising under general or special provision of law, the representative is RESTRAINED from compromising the same or from enforcing any judgment recovered thereon, until the further order of this Court or of the Supreme Gourt of New York, made after due notice to all Persons interested therein and upon the filing of satisfactory security. and such Letters are unrevoked and in full force as of this date. Dated: March 6, 2019 IN TESTIMONY WHEREOF, | have hereunto set my hand and affixed the seal of the Jefferson County Surrogate's Court at Watertown, New York, WITNESS, Hon. Peter A Schwerzmann, Judge of the Jefferson County Surrogate's Court, XE Baat Dawn Bast, Chiof Clerk Jefferson County Surrogate's Court This Certificate is Not Valid Without the Raised Seal of the Jefferson County Surrogate's CourtEXHIBIT BSTATE OF NEW YORK COURT OF CLAIMS ELIZABETH MULDOON, Administratrix of the ESTATE, OF ADAM G. JACKSON, Notice of Intention to File a Claimant, Claim -against- THE STATE OF NEW YORK and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, BD ORIGINAL Respondents TO: THE ATTORNEY GENERAL OF THE STATE OF NEW YORK The Capitol Albany, NY 12224 YOU ARE HEREBY NOTIFIED that the undersigned Claimant, ELIZABETH MULDOON, Administratrix of the ESTATE OF ADAM G. JACKSON, intends to file a Claim against the State of New York pursuant to sections 10 and 11 of the Court of Claims Act. The Claim filed will consist of economic and non-economic damages for injuries sustained by Claimant arising out of and by reason of the facts and particulars set forth below. 1. The names and post office addresses of the Claimant(s) and their attorneys: ELIZABETH MULDOON, Administratrix of the ESTATE OF ADAM G. JACKSON 26 Oakland Avenue Amsterdam, New York 12010 LaFave, Wein & Frament, PLLC 2400 Western Avenue Guilderland, New York 12084 (518) 869-90942. The nature of this Claim Action to recover money damages for personal injuries resulting in the death of Adam G. Jackson on October 6, 2018, as welll as for other damages including but not limited to funeral costs and other related expenses caused in whole or part by the negligence of the Respondents. The negligence of the Respondents includes, but is not limited to: a. Permitting persons to drive on State Route 30A at and towards its intersection with State Route 30 in Schoharie, NY while it was in a dangerous and hazardous condition; b. Failing to adequately post signage on the subject roadway and intersection; ¢. Improperly constructing, repairing, designing, maintaining, and inspecting the subject roadways and intersection; d. Failing to adequately inspect the subject roadway to identify dangerous conditions including but not limited to the approach and intersection of Routes 30A and 30 in Schoharie, NY; €. Providing an intersection with such a long steep grade leading into it 1 Failing to provide adequate warning of the intersection and its configuration; g. Allowing or permitting the subject roadways and intersection to remain in a dangerous and hazardous condition; h. Falling to place adequate and appropriate traffic control devices, signage and warnings on the subject roadways and intersection; i. Failing to act timely upon the knowledge and information of the hazardous nature, design and construction of the roadways and intersection; j. Failing to address and/or correct said hazardous and dangerous conditions despite actual and/or constructive notice of same; k. In creating the subject dangerous and hazardous road conditions; |. Failing to address the subject dangerous and hazardous condition of the subject roadways and intersection despite knowiedge that the contour and design of the roadways and intersection would increase the danger to motorists; m. Failing to properly monitor inspection sites: Allowing facilites to issue Inspection stickers without conducting the necessary inspection or inspections; ©. Failing to design, construct and/or install necessary safety devices at the Subject intersection such as runaway vehicle ramp or similar constructionto reduce and/or prevent the danger to motorists in the area of the subject roadways and intersection. 3. The time, place and manner in which the Claim Arose: The incident complained of occurred on Saturday, October 6, 2018 at approximately 1:55 pm at the intersection of Route 30 and Route 30A in the Town of Schoharie, County of Schoharie, State of New York At that time, date and place, deceased, Adam G, Jackson, was a passenger in a motor vehicle that was involved in a crash at or about the intersection of Routes 30 and 30A in Schoharie, NY that resulted in him suffering extensive injuries resulting in his untimely and unnecessary death. 4, The nature of the damages alleged: By reason of the negligence of the Respondents, Adam G. Jackson and his Estate, did sustain the following injuries and damages death; fear of impending death; Multiple severe blunt force injuries resulting in death; Conscious pain and suffering prior to death; and, Economic losses. Claimant seeks to recover money for pain and suffering, wrongful death and all other economic and non-economic damages. 5. This Notice of Intention to File Claim is filed within the time constraints set forth in section 10 of the Court of Claims Act. PLEASE TAKE FURTHER NOTICE, in the event of the Respondents’ failure to adjust or pay this Claim within the statutorily ascribed time limits for compliance with this,demand, Claimants intend to commence an action against the Respondents and such others, that may be liable to cover the damages herein, together with interest and costs, Dated: December 3, 2018 By___fCs Jason A. Frament, Esq. LaFave, Wein & Frament, PLLC 2400 Western Avenue Guilderland, NY 12084 (618) 869-9094VERIFICATION STATE of NEW YORK Morte ooay-e ss. COUNTY of AEBANY “Y Elizabeth Muldoon, being duly swom, deposes and says: That she is the Claimant in the above entitled action; that she has read the Notice of Intention to File a Claim and knows the contents thereof: that the same is true to her knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes them to be true eligi ch utd Elizabeth Muldoon, Administratrix of the Estate of Adam G, Jackson Sworn to before me on : .Y FREY Notary Publ ‘Stephen Pulaco ie Notary Publi, Stat of New Yor: : io. O1PU6072877 atin etre Co jon Exes Apt 1 !STATE OF NEW YORK COURT OF CLAIMS — LINDA S. KING, as Administratrix of the Estate of ALLISON A. KING, Deceased, Claimant, AFFIDAVIT OF SERVICE NOTICE OF INTENTION TO FILE A CLAIM sgainst- ‘THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, and NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Defendants. STATE OF NEW YORK, COUNTY OF ALBANY SS: Ray Frey being duly swom, deposes and says; deponent is not a party herein, is over 18 years of age and resides in New York State. (On DECEMBER 28, 2018 at 2:25PM at NYS DOT, 50 WOLF ROAD, ALBANY, NY 12205 deponent served the within NOTICE OF INTENTION TO FILE A CLAIM on NEW YORK STATE DEPARTMENT OF TRANSPORTATION therein named, pormcaL, by delivering a rue copy fo sid witness personally; deponent knew the person so served tobe the witness a esribed in said Cconronarion corporation, by delivering thereat trae copy fo KEITH MARTIN —CLERK I, anautorized agent forthe State of New York deponent knew ‘aid corporation so served tobe sd corporate witness and kw sai individual to bean agent thereof. x 'SUITAMLE AGE by delivering thereat a true copy to who would only identify himself as the brother ofthe defenda PERSON age and diseretion, Said premises is winess'-actual place of business-dwel oO Ammanc To by affixing a true copy to the door of sid premises, which is witness place of business. Deponent was unable, with de diligence to find witness ‘or person of suitable age and i] Aisereton thereat, having called there Mac 70 On “deponent enclosed a copy of sme in a postpaid envelop properly adéressed ‘RESIDENCE ‘witness at witness” las known residence, et ‘UsEWrTi30n4 and deposited suid envelope in an offical depository under the exclusive care and custody ofthe US. Posial Service sal within ATO TO ‘Within 20 days of such dlivery or affixing, deponent enclosed a copy of sme in a first-class postpaid envelope properly DusisEss addressed to witness’ actual place of business, at [USE WITH OR¢ in am official depository under the exclusive care and custody ofthe US. Postal Service within of ‘The envelope bore the legend "Personal and Confidential” and did not indicate onthe outside thereo, by retum sess or otherwise, that the ‘communication was fom anatomy or concemed an setion aginst the witness. Descurmoy Sex SkinColor nitGolor Axe(anoox) Height (anoros) Weight (approx) Other identifying festures use wm XMale Block Light 52 el” 175lbs hams Female XWhite —XMed ‘Dare Swom to before me on this 2"? day of Januney 2019 BEDPH Sy RAYEREY ‘Notary Public ‘Stephen Pullafico Notary Public, State ot New York: Na. 01PU6072877 vated in Schenectady County ‘Commission Expires Api 15, 2022STATE OF NEW YORK Z LAIM: LINDA S. KING, as Administratrix of the Estate of ALLISON A. KING, Deceased, Claimant, AFFIDAVIT OF SERVICE NOTICE OF INTENTION TO FILE A CLAIM -against- ‘THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, and NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Defendants. ‘STATE OF NEW YORK, COUNTY OF ALBANY SS: Ray Frey being duly swor, deposes and ‘sayS; doponent is not a party herein, is over 18 years of age and resides in New York State, ‘On DECEMBER 28, 2018 at 12:01PM at NYS DMV, SWAN STREET BUILDING, EMPIRE STATE PLAZA, ALBANY, NY 12228 deponent served the within NOTICE OF INTENTION TO FILE A CLAIM on NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES therein named. Powe by delivering x true copy to said witness personally deponent know the person so served tobe the witness o described in sid ‘conronamion a corporation, by delivering thereat «te copy to BARBARA ~ ASST. COUNSEL, an authorized agent forthe Stat of New York deporet ‘new sui corporation so sarved tobe sad corporate witness and knew sid ndvgual to bean agent heeot. x Surramiz Ace by delivering thereat at copy to who would only identity himself asthe brother of the defendant, a person ofsutble ‘son ‘ge and dsretin, Said premises is witness actual place of basinese-dwelling placeusul place of abode within the a. 20 rrmanexo ty aficinga te copy tothe door of sai premises, which s witness place of busines. Deponent was unable, with due diligence ofa witness Fa person of suitable age and 4.0 section thereat, having called there anne x0 Os Azponent enclosed a copy of stm in a postpaid ervelop popety addressed to naspence wines at witness ast known idence, at ‘UsEwiTHs0R+ and deposited said envelope in an official depository under te exchsive care and custody ofthe US, Postal Service ao within sane To ‘Within 20 dys of such delivery ov affixing, deponent enclosed a cop of sme in a istclas postpaid envelope property uses dressed fo wites' actu place of bases, tt UUszwms0R« nan oficial depository under the exclusive cae and custody ofthe US. Postel Service within af ‘The envelope bore the legend “Personal and Confidential” and did not indicate on the ouside thereof, by return address or otherwise, thatthe ‘communication was from an atomey or concerned an action aginst the witness. escurrios Sex SkinColor HnitColor Ane (aporox) Height (approx) Wight (aprox) Other identifying festres: vse wm ‘TMale Bick —otign = 46 56” 125lbs ue female Xwhite —X0ed pak ‘Swor to before me on this”? diy of Danuary 2019 BS Treo RAY PRE Stephen Pultateo Notary Public, State of New York: No, 01°U8072877- ualifed in Schenectady County Commission Expires Apri 18, 202 ‘Notary PublicSTATE OF NEW YORK COURT OF CLAIMS LINDA S. KING, as Administratrix of the Estate of AMY L, STEENBURG, Deceased, NOTICE OF Claimant, INTENTION TO FILE A CLAIM ~ against - THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, and NEW YORK STATE DEPARTMENT OF MOTOR VERICLES, Defendants, came eae eT TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK: PLEASE TAKE NOTICE, that Claimant, Linda S, King, as Administrattix of the Estate of Amy L. Steenburg, deceased, intends to file a Claim against the State of New York, pursuant to Sections 10 and 11 of the Court of Claims Act, seeking economic and non-economic damages for personal injuries, pre-impact terror, conscious pain and suffering, and wrongful death to Amy L. Steenburg, arising out of and by reason ofthe facts and particulars set forth below. 1. The post office address of the Claimant, Linda S, King, is 121 Hollywood Road located in the City of Amsterdam, County of Montgomery and State of New York. 2. Claimant, Linda S. King, is the mother of Amy L. Steenburg, deceased. 3. Claimant, Linda 8. King, is the Administratrix of the Estate of Amy L. Steenburg. 4, On November 2, 2018, Letters of Limited Administration were issued by the Surrogate’s Court of Montgomery County to Claimant, Linda S. King. 5. Amy L, Steenburg died on October 6, 2018.10. The name of the Claimant's attomey is William J. Keniry, Esq. and his ost office seddress is Tabner, Ryan & Keniry, LLP, 18 Corporate Woods Boulevard, Suite 8, Albany, New York 12211. The nature of the claim of Claimant, Linda S. King, is for damages for personal injuries, Prccimact terror, conscious pain and suffering and wrongful death of decedent, Amy L Steenburg caused by the negligence, gross negligence, carelessness and recklessness of the Defendants, their agents, officers, representatives, servants and employees. ‘The claim arose from a collision which occurred on October 6, 2018, at approximately 2:00 pm, when the decedent, Amy L. Steenburg, was lawfully riding as a passenger in a limousine motor vehicle traveling in a southerly direction on State Route 30, in the Town of Schoharie, County of Schoharie and State of New York. On October 6, 2018, a approximately 2:00 p.m., while decedent, Amy L. Steenburg, was ‘ewflly iding as a passenger in a 2001 Ford Excursion limousine motor vehicle on State Route 30 in the Town of Schoharie, County of Schoharie and State of New York, when because of the negligence, gross negligence, carelessness and recklessness of Defendants, ‘heir agents officers, servants, representatives and employees in failing to ‘maintain, design and keep the roadway in a safe and proper condition, and in failing to remove the ssid 2001 Ford Excursion limousine motor vehicle from service, decedent was caused ‘multiple blunt foree traumas, causing her personal injures, pe-impact teror, conscious pain and suffering, and wrongful death. Defendants owed a duty to decedent to use reasonable care to keep and maintain the sid roadway in a safe and proper condition to those lawfully thereon particularly the 2M. 12, 13, decedent, Defendants, their agents, officers, servants, representatives, and employees hed actual and constructive knowledge and notice of the unsafe, defective, hazardous, and dangerous condition of the said roadway which it owned, operated, controlled and maintained The said roadway was in an unsafe, improper, defective, hazardous, and dangerous condition and the Defendants, their agents, officers, servants, representatives, and employees had knowledge of such unsafe, improper, defective, hazardous, and dangerous } and caused, created, permitted and maintained the unsafe, improper, defective, hazardous, and dangerous condition to exist for a long period of time, Defendants, their agents, officers, servants, representatives, and employees were negligent, grossly negligent, careless, and reckless in and among the following ways including but not limited to: constructing the said roadway and intersection in a defective, Unsafe, hazardous, improper and dangerous condition; maintaining the said roadway and intersection ina defective, unsafe, hazardous, improper and dangerous condition; developing the ssid roadway and inersetion ina defective, unsafe, hazardous, improper and dangerous condition; designing the said roadway and intersection ina defective, ‘unsafe, hazardous, improper and dangerous condition; maintaining an excessive and speed limit on Route 30 as it approaches the intersection with Route 30A; failing to wam of the defective, unsafe, hazardous, improper and dangerous condition of said roadway and intersection; failing to provide a safe roadway and intersection to motorists ‘and passengers, including the decedent; and creating and maintaining a trap for those lawfully upon said roadway and intersection, including the decedent,14, 15, ‘The New York State Department of Transportation, their agents, officers, representatives, Servants and employees, had actual and constructive notice ofthe defective, unsafe, hazardous, improper and dangerous condition of State Route 30 and the intersection of State Route 30 and Siatc Route 30A, The New York State Department of Transporation failed to remedy the defective, unsafe, hazardous, improper and dangerous condition of State Route 304 and the intersection of State Route 30 and State Route 304 for a Significant period of time thereby creating, allowing and causing the October 6, 2018 collision, and the Personal injuries, pre-impact terror, conscious ‘pain and suffering and wrongful death to decedent. ‘The New York State Department of Transportation, their agents, offices, representatives, Servants and employees, had actual and constructive notice that the 2001 Ford Excusion limousine motor vehicle was not properly inspected, registred, equipped, constructed, cenified, including but not limited the failure to obtain a certification of operating ‘uthority, and that it wes not lawful, not appropriate, not proper nor safe to carry Passengers, Additionally, the New York State Department of Transportation, their ‘gents, officers, representatives, servants and employees, had knowledge and were aware that the owners and operators ofthe said motor vehicle had repeatedly ignored orders by State officials and New York State law to keep the vehicle out of service, off the road and {© obtain proper inspections, registration and certification, and the New York State Department of Transportation, their agents, officers, representatives, servants and employees, failed to act and take any measures to remove the vehicle from service and operation. The New York State Department of Transportation's failure to act, monitor, 416, 17, 18. 19, follow up and remove the said motor vehicle from service and the roads created, allowed and caused the October 6, 2018 collision, and the personal injuries, pre-impact teror, conscious pain and suffering and wrongful death to decedent. The New York State Department of Motor Vehicles, their agents, officers, representatives, servants and employees, had actual and constructive notice that the 2001 Ford Excursion limousine motor vehicle was not properly inspected, equipped, registered, Certified for the number of passengers and was not lawful or safe to carry passengers. Additionally, the Department of Motor Vehicles, theit agents, officers, representatives, Servants and employees, failed to act or take any measures to remove the vehicle from service or operation. New York State Department of Motor Vehicles’ failure to act, ‘monitor, prevent, follow up and remove the said motor vehicle from service and the roads created, allowed and caused the October 6, 2018 collision, and the personal injuries, pre- impact terror, conscious pain and suffering and wrongful death to decedent. The Defendants, their agents, officers, representatives, servants and employees owed a special duty of care to ensure the protection and safety of decedent, Amy L. Steenburg, on October 6, 2018. Solely by the reason of the foregoing, decedent, Amy L. Steenburg, sustained serious and Severe personal injuries, causing her pre-impact terror, conscious pain and suffering, and limiting and restricting her activities, and causing her death, Asa result of the negligence of Defendants, their agents, officers, representatives, servants and employees, decedent, Amy L. Steenburg, suffered significant conscious pain and suffering, pre-impact teror, discomfort, disability, mental and emotional suffering,20. 21 medical expenses and damages prior to her death, Further, asa result ofthe negligenee, gross negligence, carelessness and recklessness, of Defendants, their agents, offices, representatives, servants and employees Claimant and ecedent’s distributes suffered great mental pain and he estate incurred and paid reasonable fimeral expenses for decedent. The injuries were caused solely by the negligence, recklessness and carelessness ofthe Defendants, their agents officers, servants representatives, and employees, without any contributory negligence on the part of the decedent. By reason ofthe foregoing, Claimant has been damaged in an amount that will be determined by the trier of fact upon the tral of this matter, WHEREFORE, Claimant makes a claim against the Defendant, The State of New York ‘0 recover damages forthe personal injuries, pre-impact terror, conscious pain and suffering and wrongful death of decedent, Amy L. Steenburg, in an amount of damages which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: December3] , 2018, Albany, New York. TABNER, RYAN & KENIRY, LLP Keniry, Attorneys for Claimant 18 Corporate Woods Boulevard, Suite 8 Albany, New York 12211 Telephone: (518) 465-9500 Email: wik@trklaw.comVERIFICATION STATE OF NEW YORK) COUNTY OF, eae Linda S. King, being duly swom, deposes and says: Tam the Claimant in the proceeding herein; am the Administratrix ofthe Estate of Amy 1. Steenburg, deceased, in this proceeding; I have read the annexed Notice of Claim, know the contents thereof and the same are true to my knowledge, except those matters therein which are Stated to be alleged on information and belief, and as to those matters I believe them to be tue. ‘Sworn to before me on the day of Decendoee, 201 Jou iblic KARI A, HAWKINS Notary Public, State of New York Qualited in Niontgomery County orkieodg223. Commission Expires October 10, 2.2.5.WELLS ATTORNEY SERVICES INDEX NO: AFFIDAVIT OF SERVICE COUNTY OF COURT OF CLAIMS LINDA S. KING, ete, Plaintiff(syPetitioner(s) Against ‘THE STATE OF NEW YORK, et al, Defendant(sy/Respondent(s) STATE OF NEW YORK, County of ALBANY Robert Wells Being sworn, says: that deponent is nota party to this action , is over 18 years of age and resides at ALBANY ‘That on 1/2/2019 at 9:0Sam at Justice Bldg, State St., Albany NY Deponent served the within Notice of Intention to File Clai (On THE STATE OF NEW YORK GOVERNMENT AGENCY, by delivering thereat a tre copy ofeach to Kem Keueger personaly, deponent knew ssid agency so served tobe the agency described in said summons as ssid recipient and knew said individval to be Office Asst III thereof - authorized agent ‘SUITABLE AGE PERSON _ by delivering thereat a true copy of each to _a person of suitable age and discretion. Said premises is ecipient’s actual place of business. éweiling house (usual place of sbode) within the state AFFIXXING TO DOOR, FTC. , affixing a tru copy ofeach tothe door of sid premises, which is reipien's actual place ofbsiness_ dwelling house (usual place of abode) within the state. Deponent was unable, with due diligence to find recipient ora perion of suitable age end dzeetion, ‘thereat, heving called there. [MAILING USE WITH _Deponent talked 1.2 said premises who stated that resipient ___lived__worked there, Deponent ato enclosed a copy of same in a posipaid sealed wrapper properly addressed to recipient at recipient's asi known residence, at, marked Personal & Confident _and deposited said wrapper in - a post office - offical depository under exclusive are and custody of the United States Postal Services within New ‘York State, ___The mailing was made by certified mail (Receipt No: ) within one dey after such delivering to such suitable person or such affixing __ ad with rear receipt requested DESCRIPTION OF RECIPIENT — Sex: Male Skin Color: White Hairs Brown Age: 35 Ht: S11 We: 18s (Other: Unshaven WITNESS FEE, the authorized traveling expenses and one days’ witness fees: was pid tothe recipient. fant was an active military service ofthe United State ofthe tate of| fendant wore ordinary civilian clothes and no military uniform. The observations above narrated. Upon information and elit I aver ‘United States a that term is defined in ether the State or in the ‘MILITARY SERVICE 1 asked the person spoken to whether recipient ‘New York in any capacity whatever and received a negative reply. Reci ‘Sworn to before me onthe January 2, 2019 P.0, Box 3931 Albany, NL. 12208,WELLS ATTORNEY SERVICES INDEX NO: AFFIDAVIT OF SERVICE COUNTY OF COURT OF CLAIMS Plaintif{s)/Petitioner(s) Against ‘THE STATE OF NEW YORK, et al, ‘STATE OF NEW YORK, County of ALBANY Robert Wells Being sworn, says: that deponent is nota party to this action , is over 18 years of age and resides at ALBANY ‘That on 1/2/2019 at 10:00am at 0 Wolf Rd, Albany NY Deponent served the within Notice of Intention to File Claim (On NEW YORK STATE DEPARTMENT OF TRANSPORTATION GOVERNMENT AGENCY, by delivering thereat a tre copy of cach to avid Winans personally, deponent knew said agency 80 served to be the agency described in said summons as ssid recipient and knew sad individual o be Associate Counel thereof authorized agent. SUITABLE AGE PERSON _ by delivering thereat a tue copy of each o a person of suitable age and disretion. Said premises i recipient’s actual place of business _ dweling house (usual place of abode) within the Sate. AFFIXXING TO DOOR, ETC. affixing a rue copy of each othe door of said premises, whichis recipient's actual place of business _dweling hhouse (usual place of abode) within the state. Deponent was unable, with due diligence to find recipient ora person of suitable age and discretion, ‘thereat, having called there. MAILING USE WITH, Deponent talked to at sid premises who stated that resipient ___lived_worked there. Deponent sso enclosed a copy of same in a postpaid sealed wrapper properly addressed to recipient a recpien's last now residence, at. marked Personal ée Confidential and deposited suid wrapper in~ a post office - official depository under exclusive are and custody ofthe United States Postal Services within New York State. __The mailing was made by eerified mai (Receipt No: .) within one day after such delivering to such suitable person or such affixing nd with retur receipt requested, DESCRIPTION OFRECIPIENT — Sex: Male Skin Color: White Hair Brown Age: 55 He $7 We 220 (Other: Glasses WITNESS FEE the authorized traveling expenses and one days’ witness fees: was pad othe recipient MILITARY SERVICE asked the person spoken to whether recipienigefendant was an active military service ofthe United Suteof the State of [New York in any capacity whatever and received a negative reply. Reciifyidefendant wore ordinary civilian clothes and no rilitry uniform. The source of my information andthe grounds of my belief are the com and observations above narated, Upon information and belief aver that the recipien/defendant i nt in the military service of New Ye ‘the United Staes as that tem is defined in either the State or in the Federal statues. ‘Sworn to before me on the January 2,2019 Albany, N-Y., 12203WELLS ATTORNEY SERVICES INDEX NO: AFFIDAVIT OF SERVICE COUNTY OF COURT OF CLAIMS LINDA S. KING, ete, Against ‘THE STATE OF NEW YORK, et al, Plaintffs)Petitioner(s) STATE OF NEW YORK, County of ALBANY Robert Wells Being swom, says: that deponent is not «party to this action , is over 18 years of age and resides at ALBANY ‘That on 1/2/2019 at 8:50am at Swan St, Albany NY Deponent served the within Notice of Intention to File Claim On NEW Ye E DEPARTMENT OF Mt CLES GOVERNMENT AGENCY, by delivering thereat a true copy ofeach to Brittany Bishop personaly, deponent knew sid ageny so served 1 be the agency described in said summons as said recipient and knew sid individual to be DMV Rep thereof - authorized agent SUITABLE AGE PERSON. by delivering thereat a true copy ofeach toa person of suitable age and discretion. Said premisesis ecipient’s ‘actual place of business dweling house (usual place of abode) within the Sate AFFIXXING TO DOOR, ETC. . affixing a true copy ofeach tothe door of sid premises, whichis recipients, actual place of business dwelling house (usual piace of abode) within the state. Deponent was urabl, with due diligence to find recipient ora person of suitable age and discretion, thereat, having called there. ‘MAILING USE WITH. Deponent talked foal std premises who stated that recipient ___lived_worked there. Deponent lo enclosed a copy of sume in a postpaid sealed wrapper properly addressed to recipient a recipients last now residence, at_ marked Personal & Confidential Post office - official depository under exclusive care and cusody of tho United State Postal Services within New and deposited seid wrapper in - ‘York State. __The mailing was made by certed mail (Receipt No: .) within one day afer such delivering to such suitable person or such affixing _—and with retum receipt requested. DESCRIPTION OFRECIPIENT — Sex: Femle Skin Color: White Hi: Blonde Age: 35 He 53. We 160 Other: WITNESS FEE the authorized traveling expenses and one day’ witness fees: was paid to the recipient. (MILETARY SERVICE | asked the person spoken to whether reipiea/fefendant was an active military service of the United Ste ofthe Sat of| [New York in eny capacity whstever and received e negative reply. Recifiohdefendant wore ordinary civilian clothes and no military uniform. The ‘Source of my information andthe grounds of my belief ae the eonversalonk and observations above nacated. Upon information and belief I aver Federal statues ‘Sworn to before mecon the January 2, 2019 ROSEMARY LANNI ‘Notary Public, Stare of New York | united 9 Albany I Cones soe Nov =STATE OF NEW YORK COURT OF CLAIMS LINDA S. KING, as Administratrix of the Estate of Mary E. Dyson, NOTICE OF INTENTION TO FILE A CLAIM Claimant, -against- ‘THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION and NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Defendants. PLEASE TAKE NOTICE that the Claimant, LINDA S. KING, as Administratrix of the Estate of Mary E. Dyson, by and through her attomeys, E. STEWART JONES HACKER MURPHY, LLP, intends to file a Claim against the Defendants, pursuant to Sections 10 and 11 of the Court of Claims Act, seeking economic and non-economic damages for injuries and/or losses sustained by the Claimant arising out of and by reason of the facts and particulars set forth below. 1. The post office address of Claimant, LINDA S. KING, is 121 Hollywood Road, Amsterdam, New York 12010. 2, The Claimant was appointed Administratrix of the Estate of Mary B. Dyson by the Jefferson County Surrogate’s Court on November 30, 2018. 3. The name and the post office address of Claimant's attomeys is E, STEWART JONES HACKER MURPHY, LLP, (E. Stewart Jones, Jr., Esq., of counsel), 28 Second Street, ‘Troy, New York 12180; telephone: (518) 274-5820.4. The Claim arises from the motor vehicle erash which occurred on Saturday, October 6, 2018 at approximately 1:55 p.m. at the intersection of State Route 30 and State Route 304 in the Town of Schoharie, County of Schoharie, State of New York 5. The Claim seeks to recover money damages for serious personal injuries to, and the subsequent death of MARY E. DYSON which resulted from the motor vehicle crash occurring on October 6, 2018, and which was caused, in whole or in part, by the negligent acts and/or omissions of the Defendants, its agencies, departments, officers, employees and/or agents 6. Immediately prior to the October 6, 2018 crash, MARY E. DYSON was one of eighteen (18) passengers (including the driver) travelling in a modified 2001 Ford Excursion limousine in a southwest direction on State Route 30 and approaching the intersection of State Route 30 and State Route 30A in the Town. of Schoharie, County of Schoharie, State of New York. ‘The intersection of State Route 30 and State Route 30A is controlled by a stop sign requiring vehicles travelling on State Route 30 to come ‘to a stop before entering the intersection. The motor vehicle crash occurred when the driver of the limousine in which MARY E. DYSON and others ‘were riding as passengers failed to stop and/or was unable to come to a stop at the intersection of State Route 30 and State Route 30A, causing the limousine to enter and travel completely through the intersection, proceed through a driveway and parking lot of the Apple Barrel Country Store located across the street from the intersection, strike a parked vehicle in the parking lot, and crash into a ravine before coming to a stop. As a result of the motor vehicle accident, MARY E. DYSON sustained serious personal injuries, which injuries subsequently resulted in her death, 7. The subject motor vehicle crash and the resulting personal injuries to, and the Subsequent death of MARY E. DYSON, were caused, in whole or in part, by the negligent actsand/or omissions of the Defendants, its agencies, departments, officers, employees and/or agents in failing to keep State Route 30 and the intersection of State Route 30 and State Route 30A in a reasonably safe condition for travel by the public, and in permitting such roadways to be and temain in a defective, unsafe, hazardous, and/or dangerous condition, including but not limited to: a, in negligently designing, planning, laying out, constructing, and/or reconstructing, the subject highways and intersection without having conducted an adequate traffic plan and study; b. in negligently designing, planning, laying out, constructing, and/or reconstructing State Route 30 so as to have a steep downhill grade and slope as it approaches the intersection with, State Route 30A; ©. in negligently designing, planning, laying out, constructing, and/or reconstructing State Route 30 so as to curve to the left as it approaches the intersection with State Route 30A, thereby limiting the sight distance of vehicles approaching said intersection; d. _ innegligently posting and maintaining an excessive and unsafe speed limit on State Route 30 as it approaches the intersection with State Route 30A, taking into consideration, inter alia, the steep downhill grade and slope of the highway, the curvature of the highway, the limited sight distance of vehicles approaching said intersection, the weight and size of vehicles permitted to travel on said highway, and other considerations; €. in negligently signing its subject highways and its intersection; in negligently failing to design and install reasonable safety devices and features to reduce andlor prevent the risk of harm to the occupants of vehicles unable to come to a stop at the intersection of State Route 30 and State Route 30A, such as a runaway vehicle ramp or similar feature;& in negligently failing to post and maintain adequate and appropriate signage, ‘warnings, and/or traffic control devices on the subject highways and intersection; h. in negligently failing to limit the size, class, weight, and length of vehicles permitted to travel on said highways in light of the features and conditions of said highways; i, in negligently failing to identify and remove and/or eliminate roadside features presenting a hazard to vehicles leaving the subject highways and intersections; J. innegligently failing to inspect, study and/or review the design, plan, and layout of the subject highways and intersection following its construction and/or reconstruction in light of actual operation; kin negligently creating defective, unsafe, hazardous and/or dangerous conditions with respect to the subject highways and intersection; 1. im negligently permitting the subject highways and intersection to remain in a defective, unsafe, hazardous and/or dangerous condition despite actual and/or constructive notice thereof; in negligently permitting the subject highways and intersection to be used for public ‘travel notwithstanding their defective, unsafe, hazardous and/or dangerous condition; and, n, in negligently failing to timely remedy and correct the defective, unsafe, hazardous and/or dangerous condition of the subject highways and intersection despite actual and/or constructive notice thereof. 8. The subject motor vehicle crash and the resulting personal injuries to, and the subsequent death of MARY E, DYSON were further caused, in whole or in part, by the negligent acts and/or omissions of Defendants, its agencies, departments, officers, employees and/or agents,in failing to perform and discharge a special duty owed to MARY FE. DYSON and the other Passengers traveling in the modified 2001 Ford Excursion limousine on October 6, 2018, to exercise reasonable care in discharging its statutory and regulatory functions relating to the inspection and/or certification of the subject vehicle, including but not limited to in failing to ensure that the subject vehicle was fit for safe operation on public highways; in permitting the subject vehicle to remain in service despite the vehicle having failed prior inspections, including one conducted in September, 2018; in allowing the subject vehicle to be and remain available for hire by the public; in failing to take affirmative action to prevent the use and/or operation of the subject vehicle while unfit for safe operation on public highways; in failing to appropriately warm the public of the unsafe condition of the subject vehicle; in failing to suspend and/or revoke the registration issued for the subject vehicle; and, in issuing and/or ‘causing to be issued an inspection, certification or similar document certifying that the vehicle had passed a New York State inspection. 9. By reason of the negligence of the Defendants, the following items of damage are claimed: pre-impact terror; fear of impending death; multiple personal injuries; conscious pain and suffering; wrongful death; economic loss; related expenses and costs. Claimant seeks to recover money damages for pain and suffering, wrongful death, economic and non-economic damages, and all other injuries and losses sustained.Dated: December 27, 2018 feeb Hog Linda S$. King E. StewarrToney Attomeys for Claimant 28 Second Street, Troy, New York 12180 Telephone: (518) 274-5820VERIFICATION STATE OF NEW YORK ) )ss COUNTY OF MONTGOMERY) LINDA S. KING, being duly swom deposes and says that she is the Claimant; that she has read the foregoing NOTICE OF INTENTION TO FILE A CLAIM and she knows the contents thereof, that the same is true to her own knowledge except as to matters therein stated to be alleged upon information and belief, and that as to those matter, if any, she believes them to be true a 8. King ~—__ ‘Swom before me this day of December, 2018 tate of New York KARL A, HAWKINS Notary Public, State of New York Guatied in Montgomery County ist ammnission Expires October 19, 2022suave ‘oF New you courr oF cums Phin Peon: AFFIDAVIT OF SERVICE LUNDA S. KING, 2 Adminsvattx of the Estate of Mary E Dyson Index Ne Defendant / Respondent: “THE STATE OF NEW VORK, NEW YORK STATE DEPARTMENT OF “TRANSPORTATION and NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES i “The undersigned beng duty sworn, deposes and says deponent nota party herein, is over 18 yeas of age and resides t PO Box 582, SGulkieriand, Ny 12084. That on Wed, Jan 022019 AT 01:55 PM AT SO Wot é, Albany, NY 2205 deponent served the with ‘tenon to Fle sl on new TORK STATE OEPARIMIENT OF TAEPORTATION oO Notice oF * Indhviua by delivering atu copy ofeach to sald defendant, personally: deponent knen the person so served tobe the person seseribed as Said defendant therein Corporation: NEW YORK STATE DEPARTMENT OF TRANSPORTATION a defendant, therein named, by delivering a tue copy of exch to oe Ros! personel, deponent knew said corporation sa sewed be the corporation described, and knew sldIndvidul to be an Atlorey thereat, Stable Person: by delivering theret, a rue copy ofeach to person of sutable age and dseration _Afang to Door: by stfixing a true copy of each to the door thereof, daponent was unablewith dus diigence to fd defendant, or | ‘person of suitable age or discretion thereat. having called thereon; at ating Depanent als endosed a copy of sare, na pastpald sealed wrapper propery aressedto sad defendant at defendants last known residence, ‘ad depesiing sid wrapper in a pos office, offi depostory under the excusive care and custody of tha United Sates Pom Office, department with New York State. Maleéon lular Service: asked the person spoken to whether defendant was in ate military sence ofthe United States or ofthe State of ‘ew Yorkin eny capacity whatever and received a negative reply. Dsfensat wore ordinary eillan cates and na miler farm. The ure of my Information and the ground of my belie are te conversations and observations above narrated. Upon information nd bei aver tha the defendant fs notin the military service of New York State or of the United Stats as that terms defined in ‘ether the State orin he Feel statutes 2 thnidty: Caucasian Gender. Male Weight 170 Neigh ai Brom yee: Falationships Swomtobetoreneon | J 3/1 Q } or ‘etary Pubiccoum or aM Plant Petitioner: AFFIDAVIT OF SERVICE LINDA S. KING, as Adminisvatx ofthe Estate of Mary E Dyson Index No: Defendant Respondent: 1 | “THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF { Ee Aaa tered / MOTOR VEHICLES: | | ‘tender to, spon and ss gear rat pay ran Bo yet nes P0 or, | Guilderiand, NY 12084. That on Wed, jan 022019 AT 03:35PM AT The Capitol Albany, 12224 deponentseved the within Notes of [nfenon to lla Calin on New YORK STATE ATTORNEY GENERAL’ [7 naivsuai by dativerng 2 true copy ofeach to sal defendant, prsonally; deponent ken the person so saved to be the person eseribed os Said defendnttherln Corporation: NEWYORK STATE ATTORNEY GENERAL a defendant, therein named, by delivering true copy ofeach to Ken Kreuger personaly, dendnent kvew said corporation s0 served to be the corporation deserbed, and knew sad ndvidual tobe an Of Desietant here, Sulable Person: by delivering theres, a ue copy ofeach 0 person of suitable age and dlsrtion. ‘Amxing to Door by affixing se copy ofeach tthe door theres, depanent was unable with due dilgence to find defendant, of ‘person of sultable age oF siceton there having called thereon: at 8 last known residence, and deposting sald wrapper ina past offs, official depostory under the exclusive ‘eae and custody ofthe United Sates Post Ofc, dapanment, with New York State. Maldon itary Service: | aske the person spoken to whether defendant was in active military serace ofthe United States or ofthe State of New Yorkin any capacity Whatever and rceveda negative reply. Defendant wore ordinary clon cohes andro miliary unr. The source of my information and the ground of my belie are the conversations and observations above narrated. Upan Information {and belie raver tha the defendant Isnt Inthe miltary service of New York State oof the United States as that terms defines in tether the Stote or inthe Federal statutes, (on) oO 1 matting: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's Oo fee 40 Ethnlelty: Caucasian Gender Male ‘Weight: 170. Neen SE ‘air Bsa ee Feline omer smemtoteoremeen L~%/(Q Reray Pabie Nar AB Sc Yo enh otstesnat indery Sout ‘connion Expos Sotery 22,202ae | i lint Petone AFFIDAVIT OF SERVICE ' LUNDA. KING, as Adrnsvatx ofthe Este of Mary E: Dyson Index i | Defendant / Respondent: | ‘THESTATE OF NEWYORK, NEW VORK STATE DEPARTMENT OF TRANSPORTATION and NEW YORK STATE DEPARTIAENT OF (MOTOR VEHICLES | ‘he undersigned being duly sworn, deposes and sys: deponent snot a party heran is over 18 yeas of age and resides at PO Box S82, Guilderland, NY 12064, That on Wee, jan 022019 AT 0250 Pe ATs male state Plaza, Albany NY 12228 Geponent served the Within Fete of intention fo Fea Clan on NEWYORK STATE DEPARTMENT OF MOTOR VEHICLES [ naividua: by delivering a true copy ofeach to sid defendant, personally: deponent knew the person so served o be the person eccrbed af cad defendant therein ' [EI corporation: _ NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES a cefencans, therein named, by dalvering ste copy ofeach | {to artney aeop personally, deponent Krew sid corpraton so served to be the corporation described, and knew sid indvidusl | tobe a Motor Vehicle Representative thereof. ‘Suitable Person: by delivering thereat, a true copy ofeach to person of suitable age and discretion. ‘Aftaing to Door: by axing tr copy ofeach tothe door thereof, deporent was unable wth due dligence to find defenéant, or ‘person of sultable age or cretion theres having called thereon: at last known residence, | and deposting sad wrapper ia post afce, oficial depository under the exclusive care and custody ofthe Unked Sates Post Office, department with New York State. Maled on Miltary Service| esked the person spoken to whether defendant was nactve military service of the United States or ofthe Stat of New Yorkin any capac whatever and received a negative reply. Deerdor war ornaycviion doth ond no itary unifer. The Source of my information and the ground of my belie ae the conversations and observations above nerated, Upon information ‘nel belie aver that the defendant s notin the lary service of NewYork State or ofthe United States as that ers define in ether he State or inthe Fetal statutes. a oO [C1 Mating beponert als endosed a copy of same na postpad sealed wrapper propery addressed ro sld defendant at defendants ee ney: Caucasian Gender: Female Weight: 170 Har Bown Byes Relationship: swomtodetoremeon 17 3B// G Notary Pubic ‘na Senet ow Yor tay ein, ois Tasbb LSTATE OF NEW YORK COURT OF CLAIMS COURT OF CLAIMS DAWN M. DYSON, as Administatrix ofthe Estate of Robert J. Dyson, and asthe Custodian of ISAAC C. DYSON, an infant, NOTICE OF INTENTION ‘TO FILE A CLAIM Claimant, -against- ‘THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION and NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, eared = MOTOR VEHICLBS, Defendants, en ee eee cece sees seeeeCEECEC PLEASE TAKE NOTICE that the Claimant, DAWN M. DYSON, as Administratrix of the Estate of Robert J. Dyson, and as Custodian of ISAAC C, DYSON, aa infant, by and through her atiomeys, E. STEWART JONES- HACKER MURPHY, LLP, intends to file & Claim against the Defendants, pursuant to Sections 10 and 11 of the Court of Claims Act, seeking economic ‘and non-economic damages for injures andlor losses sustained by the Claimant arising out of ‘and by reason ofthe facts and particulars set forth below. 1. The post office address of Claimant, DAWN M. DYSON, is 86 Ovid Street, ‘Seneca Falls, New York 13148, 2 Thoinfant, ISAAC C. DYSON, isthe natural son of Robert J. Dyson, deceased, ‘and the natural grandson of the Claimant, 3. The Claimant was eppointed Administratrx ofthe Estate of Robert J. Dyson by the Jefferson County Surrogate's Court on November 30, 2018. 4, The Claimant was appointed Custodian ofthe infant, ISAAC C. DYSON, by an Order of Custody and Visitation (Honorable Eugene J. Langone, JR.) of the Jefferson County Family Court dated November 9,2018 and entered Novernber 13, 2018. 5. The name and the post office address of Claimant's atiomeys is E. STEWART JONES HACKER MURPHY, LLP, (E. Stewart Jones, J, Esq. of counsel), 28 Second Street, ‘Troy, New York 12180; telephone: (518) 274-5820, 6 The Claim arises from the motor vehicle crash which occurred on Saturday, October 6, 2018 at approximately 1:55 p.m. atthe intersection of State Route 30 and State Route 30A in the Towm of Schoharie, County of Schoharie, State of New York. 7. The Claim seeks to recover money damages for serious personal injuries to, and the subsequent death of ROBERT J. DYSON which resulted fiom the motor vehicle crash ‘occurring on October 6, 2018, and which was caused, in whole or in part, by the negligent acts and/or omissions ofthe Defendants, its agencies, departments, officers, employees andlor agents, 8. Immediately prior to the October 6, 2018 crash, ROBERT J, DYSON was one of eighteen (18) passengers (including the driver) travelling in a modified 2001 Ford Excursion limousine in a southwest direction on State Route 30 and approaching the intersection of State Route 30 and State Route 30A in the Town of Schoharie, County of Schoharie, State of NewYork The intersection of State Route 30 and State Route 30A is controlled by a siop. sign ‘equiring vehicles travelling on State Route 30 to come toa stop before entering the intereseoney, The motor vehicle crash occurred when the driver of the limousine in which ROBERT 7 DYSON and others were riding as passengers filed to stop andor was unable to come to a sop at the intersection of State Route 30 and State Route 30A, causing the limousine to enter: an ‘tavel completely through the intersection, proceed through a driveway and parking lot of the Apple Barre! County Store located across the stret ftom the intesection, sike a parked vehicle in the parking lo, and crash into a ravine before coming to a stop. AS a result of the motor Vehicle acciden, ROBERT J. DYSON susttined serious personal injuries, which injuries ‘subsequently resulted in his death, 9. The subject motor vehicle crash and the resulting personel injures to, ancl the and/or omissions of the Defendants its agencies, departments officers, employees and/or agents in failing to keep State Route 30 and the intersection of State Route 30 and Stato Route 30A ina reasonably safe condition for travel by the public, and in permitting such roadways to be and remain in a defective, unsafe, hazardous, and/or dangerous condition, including but not linated to: © in negligently designing, planning, laying out, constructing, andor reconstructing the subject highways and intersection without having conducted an adequate traffic plan and study; bin negligently designing, planning, laying out, constructing, andlor reconstructing State Route 30 60 as to have a steep downhill grade and slope as it approaches the itersecton with State Route 30A; © in negligently designing, planning, laying out, constructing, and/or Teeonstructing State Route 30 so as to curve tothe left ast approaches the intersection with State Route 30A, thereby limiting the sight distance of vehicles approaching sad intersection, 4 ___in negligently posting and maintaining an excessive end unsafe speed limit on State Route 30 as it approaches the intersection with State Route 30A, taking into consideration, inter alia, the steep dovbill grace and slope of the highway, the curvature of the highway, the limited sight distance of vehicles approaching said intersection, the weight and size of vehicles Permitted to travel on said highway, and other considerations, © in negligently signing its subject highways and it intersection; £ in negligently failing o design and install reasonable safety devices and features to reduce andlor prevent the risk of harm to the occupants of vehicles unable to come toa stop at the intersection of State Route 30 and State Route 30A, such as a runaway vehicle ramp or similar Feature; & in negligently filing to post and maintain adequete and appropriate signage, ‘warings, and/or traffic control devices on the subject highways and intersection; |, in negligently failing to limit the size, class, weight, and length of vehicles Permitted to travel on said highways in light ofthe features and conditions of said highways. i, in negligently feiling to identify and remove andor eliminste roadside features ‘presenting a hazard to vehicles leaving the subject highways and intersections; i. im negligently fang to inspect, study and/or review the design, plan, and layout of the subject highways and imersection following its construction and/or reconstruction in light ‘of actual operation; Kin negligently creating defective, unsafe, hazardous andlor dangerous conditions With respect to the subject highways and intersection; 1. in negligently permitting the subject highways and intersection to remain in a defective, unsafe, hazardous and/or dangerous condition despite actual andor constructive notice thereof; min negligently permitting the subject highways and intersection to be used for Public travel notwithstanding their defective, unsafe, hazardous and/or dangerous condition; and, 5. in negligently failing to timely remedy and correct the defective, unsafe, ‘hazardous td/or dangerous condition of the subject highways nd intersection despite actual and/or constructive notice thereof, 10. ‘The subject motor vehicle crash and the resulting personal injuries to, and the subsequent death of, ROBERT J, DYSON, were furtier caused, in whole or in part, by the negligent act and/or omissions of Defendants, its agencies, departments, officers, employees ‘and/or agents, in failing to perform and discharge a special duty owed 10 ROBERT J. DYSON. and the other passenger traveling in the modified 2001 Ford Excursion limousine on October 6, 2018, to exercise reasonable care in discharging its statutory and regulatory unetions relating tethe inspection andor certification of the subject vehicle, including but not limited to in filing to ensure thatthe subject vehicle was fit for safe operation on public highways; in permitting the subject vehicle to remain in service despite the vehicle having filed prior inspections, including ‘one conducted in September, 2018, in allowing the subject vehicle to be and remain available for hire by the public; in failing to take affirmative action to prevent the use and/or operation of the ‘subject vehicle while unfit for safe operation on public highways; in faling to appropriately wam the public ofthe unsafe condition ofthe subject vehicle; in filing to suspend and/or revoke the registration issued for the subject vebicle; and, in issuing and/or causing to be issued an inspection, certification or similar document certifying thatthe vehiele had passed a New York State inspection 11, _By reason of the negligence of the Defendants, the following items of damage are clsimed: pre-impact terror; fear of impending death, multiple personal injuries, conscious Pain and suffering, wrongful death: economic loss, related expenses and costs. Claimant seeks Fecover money damages for pain and suffering, wrongful death, economic and non-economic ceved be the corporation desibed, and knew sold ndvigual to be 2 person of sutable age and dsereton, ant, oF lastinown rescence, eG) Mailing: Depanent also enclosed a copy of same, ina posipald sealed wrapper properly addressed to sald defendant at defendanes ‘and deposting sad wrapper ina post offic offical depostory under the exclusive ‘are an custody af tha United Sats Fost Offi, department, with New York State. Mailed on itary Service: | asked the person spoken to whether defendant was nace military service ofthe United States or ofthe Stat of [New Yorkin any capacity whatever and received a negative reply. Oxeadan wore orn can cates and na military unform, The source of my information andthe ground of my bel are the conversations and observations above narrated. Upon Information ‘nd bale aver thatthe defendant sat inthe milary sevice of New York State orf the United States as tatters defined in ‘ether the tate or inthe Feel statutes, Fthnicty: Cayeasian Har Sc Gender, Male ee Weights 170 Relationship ‘Sworto beforemeon _| / B/( 4 Rotary Public‘courr oF AMS Plait Pestoner: AFFIDAVIT OF SERVICE DAWN M. DYSON. as Adminstratnk of the Estate of Rober. Index No: Dyson, and asthe Custodian of ISAAC C, DYSON, an infant Defendant Respondent "THESTATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF i TRANSPORTATION and NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES ‘The undersigned being duly swor, deposes and says: deponent snot apaty herein, Is over 18 years of age and resides at PO Box S62, SGuilderand, NY 12084, That on Wed, Jan 022019 AT 0252 PM AT 6 Empire State Plaza, Abany, NY 12228 deponent served thewithin | ‘otic of intention 1a Fe a Clan an NeW YORK STATE DEPARTMENT OF MOTOR VERICLES [navel by detivesng a tve copy ofeach to said defendant, personally deponent new the person so served to be the person desobed as said defendant therein. [TZ] corporation: NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES a defendant. hersn named, by delivering true copy ofeach ‘tw Brcney Biehap pasrally, deponent knew aH corporation so stved to be the corporation described, and knew sa indvidual {o besWotr Veh nepresenatve ret Sultable Person by delivering theres, true copy ofeach ro person of sultable age and alteration. ‘fixing to Door: by affixing a tue copy ofeach to the door thereat, deponent was unable with due dlignce find defendant, oF a person of sultable age or dscretion thereat, having ale thereon: at Walling: Deponent alo enclosed a copy of same, na postpald sealed wrapper propesy addressed to said defendant at defendants last naw rsienca, apd deposting sad wrapper in apos offi offical depositary under the exclusive ‘are and custody of te United Sates Fost Ofc, department with New York State. Maladon lary Service: asked the perzon spoken to whether defendant was in acve miltay service ofthe United States orof the tate of [New Yorkin any capacty Whatever and received a negative reply. Oxfendan wore ecinary can clothes anno mito wim. The source of my Informacion and the ground of my bel ae thecorversatons and ebsentons above narated, Upon Information {and belie | aver thatthe defendant satin the miltary service of New York Stat or ofthe United States es that term is defined in fetherthe state orn the Federal statutes. fe 2D tiny: Caucasian Gender Female Wight: 170 Helght: SE Your Be Eyes alaionship: swomtobeforemeon | / 3/79 foray Pubic