On June 03, 2020 a
Motion-Secondary
was filed
involving a dispute between
Michele Sardo Individually,
Michele Sardo
Individually,
N. J. S. An Infant, By And Through Her Parent And Natural Guardian, Michele Sardo, And,
N. J. S.
An Infant, By And Through Her Parent And Natural Guardian, Michele Sardo, And,
and
West Seneca Central School District,
West Seneca Central School District Board Of Education,
West Senior High School,
for Torts - Other Negligence (Negligent Supervision)
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 12/10/2021 03:47 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/10/2021
STATE OF
STATE OF NEW
NEW YORKYORK
SUPREME COURT: COUNTY
SUPREME COURT: COUNTY OF OFERIE
ERIE
N.J.S. an infant,
N.J.S. an infant, by
by and through her
and through her Parent
Parentand
and
Natural Guardian,
Guardian,MICHELE
MICHELE SARDO,SARDO, and and
MICHELE SARDO,SARDO, individually
individually
Plaintiffs
Plaintiffs IndexNo.:
Index No.: 805265/2020
805265/2020
V.
V.
WEST SENECA
WEST SENECACENTRAL
CENTRALSCHOOL SCHOOLDISTRICT,
DISTRICT, MEMORANDUMOF
MEMORANDUM OFLAWLAWIN IN
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL DISTRICT SUPPORT
SUPPORT OFMOTION
OF MOTION
BOARD OF EDUCATION and
OF EDUCATION and TODISMISS
TO DISMISS
WEST SENIOR
WEST SENIORHIGH HIGH SCHOOL,
SCHOOL,
Defendants
Defendants
v.
WEST SENECA
WEST SENECACENTRAL
CENTRALSCHOOL SCHOOLDISTRICT,
DISTRICT,
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION and
OF EDUCATION and
WEST SENIOR HIGH SCHOOL
WEST SENIOR HIGH SCHOOL
Third-PartyPlaintiffs
Third-Party Plaintiffs
v.
v.
CHRYSTLER LEE
CHRYSTLER LEE STORTZ,
STORTZ,MICHAEL
MICHAEL JAMES JAMES
STQRTZ, BARBARA
STORTZ, BARBARA ANNE STORTZ, and
STORTZ, and
HEATHER THIBEAULT
THIBEAULT a/k/a a/k/aHEATHER
HEATHER
STORTZ,
STORTZ,
Third-Party Defendants
Third-Party Defendants
PRELIMINARY STATEMENT
PRELIMINARY STATEMENT
Third-Party Plaintiffs, West
Third-Party Plaintiffs, West Seneca
SenecaCentral
CentralSchool
SchoolDistrict,
District, West
WestSeneca
SenecaSchool
SchoolDistrict
District
Board of
Board Education and
of Education andWest
WestSenior
SeniorHigh
HighSchool
School("Third-Party
("Third-PartyPlaintiffs"),
Plaintiffs"),have
havealleged
allegedaa
negligence claim, and
negligence claim, possiblyaaclaim
andpossibly claimforfor negligent
negligent supervision, againstThird-Party
supervision,against Third-PartyDefendant,
Defendant,
Heather Thibeault
Heather a/l
Document Filed Date
December 10, 2021
Case Filing Date
June 03, 2020
Category
Torts - Other Negligence (Negligent Supervision)
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FILED: ERIE COUNTY CLERK 12/10/2021 03:47 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/10/2021 STATE OF STATE OF NEW NEW YORKYORK SUPREME COURT: COUNTY SUPREME COURT: COUNTY OF OFERIE ERIE N.J.S. an infant, N.J.S. an infant, by by and through her and through her Parent Parentand and Natural Guardian, Guardian,MICHELE MICHELE SARDO,SARDO, and and MICHELE SARDO,SARDO, individually individually Plaintiffs Plaintiffs IndexNo.: Index No.: 805265/2020 805265/2020 V. V. WEST SENECA WEST SENECACENTRAL CENTRALSCHOOL SCHOOLDISTRICT, DISTRICT, MEMORANDUMOF MEMORANDUM OFLAWLAWIN IN WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT SUPPORT SUPPORT OFMOTION OF MOTION BOARD OF EDUCATION and OF EDUCATION and TODISMISS TO DISMISS WEST SENIOR WEST SENIORHIGH HIGH SCHOOL, SCHOOL, Defendants Defendants v. WEST SENECA WEST SENECACENTRAL CENTRALSCHOOL SCHOOLDISTRICT, DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION and OF EDUCATION and WEST SENIOR HIGH SCHOOL WEST SENIOR HIGH SCHOOL Third-PartyPlaintiffs Third-Party Plaintiffs v. v. CHRYSTLER LEE CHRYSTLER LEE STORTZ, STORTZ,MICHAEL MICHAEL JAMES JAMES STQRTZ, BARBARA STORTZ, BARBARA ANNE STORTZ, and STORTZ, and HEATHER THIBEAULT THIBEAULT a/k/a a/k/aHEATHER HEATHER STORTZ, STORTZ, Third-Party Defendants Third-Party Defendants PRELIMINARY STATEMENT PRELIMINARY STATEMENT Third-Party Plaintiffs, West Third-Party Plaintiffs, West Seneca SenecaCentral CentralSchool SchoolDistrict, District, West WestSeneca SenecaSchool SchoolDistrict District Board of Board Education and of Education andWest WestSenior SeniorHigh HighSchool School("Third-Party ("Third-PartyPlaintiffs"), Plaintiffs"),have havealleged allegedaa negligence claim, and negligence claim, possiblyaaclaim andpossibly claimforfor negligent negligent supervision, againstThird-Party supervision,against Third-PartyDefendant, Defendant, Heather Thibeault Heather a/l