On June 03, 2020 a
Motion,Ex Parte
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 07/21/2022 02:17 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
N.J.S., an infant, by and through his NOTICE OF MOTION TO
Parent, and Natural Guardian, COMPEL DISCOVERY
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiffs,
-vs.-
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Defendants.
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Third-Party Plaintiffs,
-vs-
CHRYSTLER LEE STORTZ,
MICHAEL JAMES STORTZ,
BARBARA ANN STORTZ, and
HEATHER THIBEALT a/k/a HEATHER A. STORTZ,
Third-Party Defendants.
MOTION MADE BY: CANTOR, WOLFF, NICASTRO & HALL, LLC
Joseph L. Nicastro, Esq. Attorneys for Plaintiffs
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FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022
DATE, TIME & PLACE
OF THE HEARING: August __, 2022 at , or as soon
thereafter as counsel may be heard before
Hon. Dennis E. Ward, J.S.C., at Special Term
of the Erie County Supreme Court, 25
Delaware Part 12 - 2nd
Avenue, floor, Buffalo,
NY 14202, or at a virtual hearing to be
determined by the Court.
SUPPORTING PAPERS: Affidavit of Joseph L. Nicastro, Esq., dated July
20, 2022, with exhibits attached thereto, and all
pleadings and proceedings before.
RELIEF DEMANDED AND
GROUNDS THEREFORE: An Order from this Court pursuant to CPLR
3124 and 3126: (1) compelling Defendants to
Plaintiffs'
produce responses to Notice for
Discovery and Inspection, and Supplemental
Notice for Discovery and Inspection within
thirty (30) days of the return date of this motion
subject to redaction of any information related
to either or both of the subject student
perpetrators'
educational performance as
agreed to by counsel for both Plaintiffs and
Defendants; or (2) that all materials and
information sought in response to the
aforementioned demands be produced to the
Court for in camera review to determine which,
if any, records of either or both of the subject
student perpetrators relate to their educational
performance; and (3) striking any and all
affirmative defenses set forth by Defendants to
Plaintiffs'
claims as alleged in this action should
Defendants fail to provide a response to
Plaintiffs'
Demand for Verified Bill of Particulars
within thirty (30) days of the return date of this
motion, together with such other and further
relief as the Court deems just and proper.
TYPE OF ACTION: The above-entitled action is for personal injury.
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FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022
ANSWERING AFFIDAVITS: All answering papers and Memorandum of Law
shall be served upon the undersigned at least
7 days prior to the return date of this motion as
required by CPLR 2214(b) and
22 NYCRR 202.8(c).
ORAL ARGUMENT: Requested.
DATED: Buffalo, New York
July 21, 2022
/s/ Joseph L. Nicastro
Joseph L. Nicastro, Esq.
Cantor, Wolff, Nicastro & Hall LLC
Attorneys for Plaintiff
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
TO: Louis B. Dingeldey, Esq.
BAXTER SMITH & SHAPIRO, P.C.
Attorneys for Defendants/Third-Pady Plaintiffs
182 Dwyer Street
West Seneca, New York 14224
(716) 854-6140
CC: Bethany A. Blood, Esq.
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
Attomeys for Third-Party Defendant
Heather A. Thibeault a/k/a Heather A. Stortz
717 State Street, Suite 701
Erie, Pennsylvania 16501
(814) 480-7800
Barry Nelson Covert, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attomeys for Third-Party Defendant
Chrystler Lee Stortz
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
(716) 849-1333
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FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022
Eric M. Soehnlein, Esq.
Sean M. O'Brien, Esq.
LIPPES MATHIAS WEXLER FRIEDMAN LLP
Attorneys for Third-Party Defendant
Michael Stortz and Barbara Stortz
50 Fountain Plaza, Suite 1700
Buffalo, New York 14202
(716) 853-5100
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FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE N.J.S., an infant, by and through his NOTICE OF MOTION TO Parent, and Natural Guardian, COMPEL DISCOVERY MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiffs, -vs.- WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Defendants. WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Third-Party Plaintiffs, -vs- CHRYSTLER LEE STORTZ, MICHAEL JAMES STORTZ, BARBARA ANN STORTZ, and HEATHER THIBEALT a/k/a HEATHER A. STORTZ, Third-Party Defendants. MOTION MADE BY: CANTOR, WOLFF, NICASTRO & HALL, LLC Joseph L. Nicastro, Esq. Attorneys for Plaintiffs 1 of 4 FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022 DATE, TIME & PLACE OF THE HEARING: August __, 2022 at , or as soon thereafter as counsel may be heard before Hon. Dennis E. Ward, J.S.C., at Special Term of the Erie County Supreme Court, 25 Delaware Part 12 - 2nd Avenue, floor, Buffalo, NY 14202, or at a virtual hearing to be determined by the Court. SUPPORTING PAPERS: Affidavit of Joseph L. Nicastro, Esq., dated July 20, 2022, with exhibits attached thereto, and all pleadings and proceedings before. RELIEF DEMANDED AND GROUNDS THEREFORE: An Order from this Court pursuant to CPLR 3124 and 3126: (1) compelling Defendants to Plaintiffs' produce responses to Notice for Discovery and Inspection, and Supplemental Notice for Discovery and Inspection within thirty (30) days of the return date of this motion subject to redaction of any information related to either or both of the subject student perpetrators' educational performance as agreed to by counsel for both Plaintiffs and Defendants; or (2) that all materials and information sought in response to the aforementioned demands be produced to the Court for in camera review to determine which, if any, records of either or both of the subject student perpetrators relate to their educational performance; and (3) striking any and all affirmative defenses set forth by Defendants to Plaintiffs' claims as alleged in this action should Defendants fail to provide a response to Plaintiffs' Demand for Verified Bill of Particulars within thirty (30) days of the return date of this motion, together with such other and further relief as the Court deems just and proper. TYPE OF ACTION: The above-entitled action is for personal injury. 2 of 4 FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022 ANSWERING AFFIDAVITS: All answering papers and Memorandum of Law shall be served upon the undersigned at least 7 days prior to the return date of this motion as required by CPLR 2214(b) and 22 NYCRR 202.8(c). ORAL ARGUMENT: Requested. DATED: Buffalo, New York July 21, 2022 /s/ Joseph L. Nicastro Joseph L. Nicastro, Esq. Cantor, Wolff, Nicastro & Hall LLC Attorneys for Plaintiff 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 TO: Louis B. Dingeldey, Esq. BAXTER SMITH & SHAPIRO, P.C. Attorneys for Defendants/Third-Pady Plaintiffs 182 Dwyer Street West Seneca, New York 14224 (716) 854-6140 CC: Bethany A. Blood, Esq. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attomeys for Third-Party Defendant Heather A. Thibeault a/k/a Heather A. Stortz 717 State Street, Suite 701 Erie, Pennsylvania 16501 (814) 480-7800 Barry Nelson Covert, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attomeys for Third-Party Defendant Chrystler Lee Stortz 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 (716) 849-1333 3 of 4 FILED: ERIE COUNTY CLERK 07/21/2022 02:17 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/21/2022 Eric M. Soehnlein, Esq. Sean M. O'Brien, Esq. LIPPES MATHIAS WEXLER FRIEDMAN LLP Attorneys for Third-Party Defendant Michael Stortz and Barbara Stortz 50 Fountain Plaza, Suite 1700 Buffalo, New York 14202 (716) 853-5100 4 of 4