DeSena, Nicole M et al vs. Conciatori, Kristin M

7. At all material times, defendant Conciatori operated the aforementioned motor vehicle in the course of his employment or business.

8. At all material times, Plaintiff Nicole DeSena was a passenger in a 2000 Toyota Camry motor vehicle bearing New York State license number GTA- 3676 owned and operated by Plaintiff Giacomino DeSena.

9. At all material times, 16th Road in Whitestone, County of Queens, was a public roadway and/or thoroughfare.

10. At all material times, 147th Street in Whitestone, County of Queens, was a public roadway and/or thoroughfare.

11. That on November 13, 2023 at approximately 11:45 a.m., Mr. DeSena was operating his motor vehicle westbound on 16th Road.

12. That on November 13, 2023 at approximately 11:45 a.m., Mr. DeSena's vehicle was stopped behind another vehicle at the stop sign controlling the intersection of 16th Road and 147th Street.

13. While stopped, the vehicle operated by Conciatori struck Mr. DeSena's vehicle from the rear.

14. Plaintiff was seated in the passenger seat of Mr. DeSena's vehicle.

First Cause of Action

15. The aforesaid occurrence was caused wholly and solely by reason of the negligence of the Conciatori without any fault or negligence on the part of the Plaintiffs contributing thereto.

16. The Defendant, Conciatori, was negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the

Defendant, Conciatori, was otherwise negligent, careless and reckless under the circumstances then and there prevailing.

17. That as a result of the aforesaid contact, Plaintiff Nicole DeSena was injured.

18. That by reason of the foregoing, Plaintiff Nicole DeSena sustained severe and permanent injuries.

19. That Plaintiff Nicole DeSena was otherwise damaged.

20. That Plaintiff Nicole DeSena sustained serious injuries as defined by $ 5102 (d) of the Insurance Law of the State of New York.

21. That Plaintiff Nicole DeSena sustained serious injuries and economic loss greater than basic economic loss as defined by § 5104 of the Insurance Law of the State of New York.

22. That Plaintiff Nicole DeSena is not seeking to recover any damages for which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse Plaintiff. Plaintiff seeks to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action.

23. That this action falls within one or more of the exceptions set forth in CPLR § 1602 .

24. That by reason of the foregoing, Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.

Second Cause of Action

25. Plaintiffs repeat, reiterate and reallege each and every allegation contained in paragraphs "1" through "24" as though more fully set forth herein at length.

26. The aforesaid occurrence was caused wholly and solely by reason of the negligence of the Conciatori without any fault or negligence on the part of the Plaintiffs contributing thereto.