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FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022
EXHIBIT C
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020
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CO Y C Ed O 6/03/2020 02 :19 PL$
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.1S., an infant, by and through her
Parent and Natural Guardian,
MICHELE SARDO, and SUMMONS
MICHELE SARDO, Individually,
24 Winegar Place
West Seneca, New York 14210, Index No.
Plaintiffs,
vs.
WEST SENECA CENTRAL SCI1001. DiSTRICT
675 Potters Road
West Seneca, NY 14224
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
675 Potters Road
West.Seneca, NY 14224 and
WEST SENIOR HIGH SCHOOL
3330 Seneca Street
West Seneca, NY 14224,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
Plaintiffs'
YOU ARE HEREBY SUMMONED and required to serve upon attorneys an
Answer to the Complaint in this action, and to serve a copy of your Answer or, if the Complaint
Plaintiffs'
is not served with a Summons, to serve a Notice of Appearance on the attorneys
within twenty (20) days after the service of this Summons exclusive of the day of service, or
within thirty (30) days after completion of service where service is made in any other manner
than by personal delivery within the State. In case of your failure to appear or Answer, judgment
may be taken againstyoubydefault for the relief demanded in the Complaint.
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The basis for the venue designatedis the iocation of the incident.
DATED: Buffalo, New York
June 3, 2020
se h L. NÍcastro, Esq.
RA 08 & RAMOS
A orneys for Plaintiff
f7 Franklin Street, Suite 1100
Buffalo, New York 14202
(716) 810-6140
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.J.S., an infant, by and through her
Parent and Natural Guardian,
MICHELE SARDO, and COMPLAINT
MICHELE SARDO, Individually,
Index No.
Plaintiffs,
VS.
WEST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION and
WEST SENIOR H1GH SCHOOL,
Defendants.
The plaintiffs, NJ.S., an infant, by and through her Parent and Natural Guardian,
MICHELE SARDO, and MICHELE SARDO, Individually, by and through their attorneys,
Ramos & Ramos, as and for their Complaint against the defendants herein, WEST SENECA
CENTRAL SCHŒOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD
OF EDUCATION, and WEST SENIOR HIGH SCHOOL, state as follows:
1. Upon information and belief, at allrelévant times herein, the plaintins were
residents of the County of Erie and State of New York.
2. Upon information and belief, at allrelevant times, plaintiff MICHELE SARDO
was and is the mother and natural guardian of the infant N.J.S.
3. At all times relevant, infant N.J.S. was and is a minor having been born
approXimately October 2003.
4. Upon information and belief, at allrelevant times herein, defendant WEST
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liTLED
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SENECA CENTRAL SCHOOL DISTRICT was and stillis a public education corporation duly
formed and pursuant and subject to the laws of New York State with offices located at
existing
675 Potters Road, West Seneca, NY 14224, and itwas and stillis doing and transacting business
within the State of New York.
5. Upon information and belief, at all relevant times, defendant WEST SENECA
CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION was and stillis a public education
corporation duly formed and existing pursuant and subject to the laws of New York State with
offices located at 675 Potters Road, West Seneca, NY 14224, and itwas and stillis doing and
transacting business within the State of New York.
6. Upon information and belief, defendant WEST SENIOR HIGH SCHOOL was
and still is a municipal entity duly organized and existing pursuant to the laws of New York State
with offices located at 3330 Seneca Street, West Seneca, NY 14224, and itwas and stillis doing
and transacting business within the State of New York.
7. On or about July 22, 2019, and within the time presenbed by law, a Notice
plaintiffs'
of Claim in writing, sworn to by the plaintiffs herein, was titnely served on behalf
upon defendants WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA
CENTRAL SCHOOL DISTR TCT BOARD OF EDUCATION, and WESTSENIORMICH
SCHOOL in accordance with the provisions of Section 50-e of New York General Municipal
Law, setting forth the names and post-office addresses of said plaintiffs and their attorneys, the
nature of the claim, the time when, the place where and the manner in which the clairn arose, and
the items of damage or injuries claimed to have been sustained so far as then practicable.
plaintiffs'
82 At least thirty (30) days have elapsed since the service of Notice of
Claim, and that adjustment or payment thereof has·been neglected or refused by defendants
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WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL,
9. On or about November 12, 2019 defendants WEST SENECA CENTRAI,
SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF
EDUCATION, and WEST SENIOR HIGH SCHOOL conducted a hearing in this matter and
obtained the sworn testimony of plaintiffs pursuant to Section 50-h of New York General
Municipal Law.
10. This action is commenced within one (1) year and ninety (90) days after the
plaintiffs'
occurrence of the event upon which claim is based.
11. The plaintiffs have complied with allthe conditions precedent set forth in New
York General Municipal Law to maintain this lawsuit against defendants WEST SENECA
CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD
OF EDUCATION, and WEST SENIOR HIGH SCHOOL.
12. Upon information and belief, on or about May 10, 2019, infant N.1S. was a
student enrolled at West Senior High School, located at3330 Seneca Street, West NY
Seneca,
14224.
13. Upon information and belief, on or about at 3:00
May 10, 2019, approximately
p.m., infant plaintitr N.13. was lawfully inside West Senior High School when she was sexually
assaulted by another student in the basement of the school, in the and
resulting serious, painful,
permanent injuries hereinafter described.
14. Upon information and belief, and at all times relevant defendants WEST
herein,
SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL, maintained, operated,
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managed, supervised, owned, and/or otherwise controlled West Senior High School, and in
particular, the portion of the school where the incident occurred.
15. Upon information and belief, and at alltimes relevant herein, defendants WEST
SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL had a duty to use reasonable
care in the supervision of West Senior High School and their pupils, and to take reasonable
measures to control, monitor, and supervise the conduct of their students, including without
limitation the infant plaintiff and/or the perpetrator who committed the sexual assault.
16. Upon information and belief, on or about May 10, 2019, at approximately 3:00
p.m., inside West Senior High School, the defendants, their agents, servants, and/or employees
negligently, carelessly, and/or recklessly acted, or failed to act, so as to cause the infant NJ.S.
defendants*
to be sexually assaulted, including without limitation the failure to and
reasonably
adequately supervise, control, and/or monitor their pupils, including without limitation the infant
plaintiff and/or the perpetrator who committed the sexual assault, the
thereby causing serious,
painful, and permanent injuries and other damages hereinafter alleged.
17. At all relevant times, the infant plaintiff was a pupil enrolled at West
lawfully
Senior High School and defendants'
entrusted to said custody and control
I8. Upon information and helief, the and/or
negligence, carelessness, recklessness of
the defendants, their agents, servants, and/or employees, was a substantial factor in
bringing
about the incident and the serious injuries and other damages suffered
resulting by plaintiffs as
hereinafter alleged.
19. Upon information and belief, the incident and infant plaintiff s injuries were a
defendants'
foreseeable consequence of the negligence.
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defendants'
20. Upon information and belief, the negligence, carelessness, and/or
recklessness was a substantial factor in about the dangerous and hazardous conditions
bringing
and/or conduct that caused the infant plaintiff's injuries, including without
proximately
defendants'
limitation an environment that allowed sexual abuse to persist in school,
permitting
the infant upon information and belief, had been victimized prior to the
whereby plaintitY,
incident complained of herein in the school's basement.
21. Upon information and belief, defendants had actual and/or constructive notice of
known dangerous propensities of the perpetrator of said assault, and/or that students were not
the
permitted to loiter the area of the school where the incident occurred, as students have frequented
this location for unlawful yet defendants failed to take appropriate action to remedy said
reasons,
dangerous condition and/or conduct, and/or ensure the safety and well-being of the infant
plaintiff, thereby resulting in the infant plaintiff being caused to be sexually assaulted.
22. Upon information and belief, infant plaintiff N.J.S. did in no way, through her
own conduct or otherwise, cause or contribute to her injuries and damages.
23 Solely as a result of the negligence, carelessness, and/or recklessness of
defendants, their agents, servants, and/or employees, infant plaintiff NJ.S. was caused to
sustain pain and suffering from her injuries and upon information and belief, will continue to
sustain pain and suffering from her injuries in the future.
24. As a result of the negligence, fault and lack of care of the defendants, by and
through their agents, servants and employees, and as a result of the aforementioned injuries,
infant plaintiff was caused to incur medical expense and upon information and belief, will
continue to incur medical expenses in the future.
25. As a result of the negligence, fault and lack of care of the defendants, by and
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their servants and the infant plaintiff was incapacitated from her
through agents, employees,
and/or will be either or partially, from her schooling in the
schooling incapacitated, completely
therefore has been caused to sustain a loss in wages and other economic loss and will
future and
upon information and a loss in wages and other economic loss in the future,
sustain, belief,
26. Upon information and belief, infant plaintiff's injuries are permanent, progressive,
to the negligence of the defendants and the incident
and ongoing in nature, allrelating directly
complained of herein.
Upon information and the amount of damages sought by plaintiffs against
27. belief,
defendants in this action exceeds the jurisdictional limits of all lower courts, which would
the
otherwise have and the plaintiffs will seek damages against the defendants in an
jurisdiction,
amount to be proven and determined at the trial of this action.
AS AND FOR A SECOND CAUSE OF ACTION
28. Plaintiffs repeat, reiterate, and re-allege each and every allegation set forth in each
preceding paragraph as if fully set forth herein.
29. At alltimes relevant herein, plaintiff MICHELE SARDO was and is the mother
and natural guardian of the infant plaintiff, and as such has been and will be obliged to render
aid, comfort, and services to the infant plaintiff, and has become obliged for medical aid,
expenses, and attention in an effort to cure her injuries, and she will be further obliged to render
aid and services and to expend monies for the care of infant N.J.S.
30. Upon information and belief, as a result of the foregoing, plaintiff MICHELE
SARDO has been deprived of the aid, companionship, society, comfort, and services of her
daughter, the infant plaintiff herein, and has suffered mental anguish, sleeplessness, and anxiety
as a result of his daughter's suffering.
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31. Upon information and belief, as a result of the foregoing, plaintiff MICHELE
SARDO has incurred expenses that would otherwise be unnecessary but for the negligence of
defendants.
32. Upon information and belief, the amount of damages sought by plaintiffs against
the defendants in this action exceeds the jurisdictional limits of all lower courts, which would
otherwise have jurisdiction, and plaintiffs will seek damages against defendants in an amount to
be proven and determined at the trialof this action.
WHERE FORE, the Plaintiffs, N.J.S., an Infant, by and through her Parent and
Natural Guardian, MICHELE SARDO, and MICHEI.E SARDO, Individually, demand
Judgment against the Defendants, WEST SENECA CENTRAL SCHOOL DISTRICT, WEST
SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR
HIGH SCHOOL, in an amount to be proven and determined at the trialof this action, together
with the costs, disbursements, and other relief thisCourt may deem just, proper, and equitable.
DATED: Buffalo, New York
June 3, 2020
osephd Nicastro, Esq.
RAMOS & RAMOS
Attorneysfor Plaintyß
37 Franklin Street, Suite 1 100
Buffalo, New York 14202
(716) 810-6140
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Preview
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 EXHIBIT C FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF F12D DOC. NO. ET}E 53 CO Y C Ed O 6/03/2020 02 :19 PL$ RECEIVED INDEX NYSCEF: NO. 07/21/2022 805265/2020 NY SCEF DOC. NO . 1 RECEIVE D NY SCE F: 06/03/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.1S., an infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and SUMMONS MICHELE SARDO, Individually, 24 Winegar Place West Seneca, New York 14210, Index No. Plaintiffs, vs. WEST SENECA CENTRAL SCI1001. DiSTRICT 675 Potters Road West Seneca, NY 14224 WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION 675 Potters Road West.Seneca, NY 14224 and WEST SENIOR HIGH SCHOOL 3330 Seneca Street West Seneca, NY 14224, Defendants. TO THE ABOVE-NAMED DEFENDANTS: Plaintiffs' YOU ARE HEREBY SUMMONED and required to serve upon attorneys an Answer to the Complaint in this action, and to serve a copy of your Answer or, if the Complaint Plaintiffs' is not served with a Summons, to serve a Notice of Appearance on the attorneys within twenty (20) days after the service of this Summons exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or Answer, judgment may be taken againstyoubydefault for the relief demanded in the Complaint. 1 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED INDEX NYSCEF: NO. 07/21/2022 [FILED : ERIE COUNTY CLERK 0 6/03(2020 02 :19 PM| 805265/2020 NYSCE F DOC. NO. 1 RECEIVED NYSCEF: 06/03/2020 The basis for the venue designatedis the iocation of the incident. DATED: Buffalo, New York June 3, 2020 se h L. NÍcastro, Esq. RA 08 & RAMOS A orneys for Plaintiff f7 Franklin Street, Suite 1100 Buffalo, New York 14202 (716) 810-6140 2 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVEDINDEX NYSCEF: NO. 07/21/2022 805265/2020 NYSCE F DOC. NO. 1 RECE IVED NYSCE F: 06/03/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.J.S., an infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and COMPLAINT MICHELE SARDO, Individually, Index No. Plaintiffs, VS. WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION and WEST SENIOR H1GH SCHOOL, Defendants. The plaintiffs, NJ.S., an infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and MICHELE SARDO, Individually, by and through their attorneys, Ramos & Ramos, as and for their Complaint against the defendants herein, WEST SENECA CENTRAL SCHŒOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL, state as follows: 1. Upon information and belief, at allrelévant times herein, the plaintins were residents of the County of Erie and State of New York. 2. Upon information and belief, at allrelevant times, plaintiff MICHELE SARDO was and is the mother and natural guardian of the infant N.J.S. 3. At all times relevant, infant N.J.S. was and is a minor having been born approXimately October 2003. 4. Upon information and belief, at allrelevant times herein, defendant WEST 3 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 Ï ER,E COUNTY CLERK INDEX NO. 805265/2020 liTLED NYSCE F DOC . NO . 1 RECE IVED NYSCEF: 06/03/2020 SENECA CENTRAL SCHOOL DISTRICT was and stillis a public education corporation duly formed and pursuant and subject to the laws of New York State with offices located at existing 675 Potters Road, West Seneca, NY 14224, and itwas and stillis doing and transacting business within the State of New York. 5. Upon information and belief, at all relevant times, defendant WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION was and stillis a public education corporation duly formed and existing pursuant and subject to the laws of New York State with offices located at 675 Potters Road, West Seneca, NY 14224, and itwas and stillis doing and transacting business within the State of New York. 6. Upon information and belief, defendant WEST SENIOR HIGH SCHOOL was and still is a municipal entity duly organized and existing pursuant to the laws of New York State with offices located at 3330 Seneca Street, West Seneca, NY 14224, and itwas and stillis doing and transacting business within the State of New York. 7. On or about July 22, 2019, and within the time presenbed by law, a Notice plaintiffs' of Claim in writing, sworn to by the plaintiffs herein, was titnely served on behalf upon defendants WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTR TCT BOARD OF EDUCATION, and WESTSENIORMICH SCHOOL in accordance with the provisions of Section 50-e of New York General Municipal Law, setting forth the names and post-office addresses of said plaintiffs and their attorneys, the nature of the claim, the time when, the place where and the manner in which the clairn arose, and the items of damage or injuries claimed to have been sustained so far as then practicable. plaintiffs' 82 At least thirty (30) days have elapsed since the service of Notice of Claim, and that adjustment or payment thereof has·been neglected or refused by defendants 4 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 INDEX NO. 805265/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2020 WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL, 9. On or about November 12, 2019 defendants WEST SENECA CENTRAI, SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL conducted a hearing in this matter and obtained the sworn testimony of plaintiffs pursuant to Section 50-h of New York General Municipal Law. 10. This action is commenced within one (1) year and ninety (90) days after the plaintiffs' occurrence of the event upon which claim is based. 11. The plaintiffs have complied with allthe conditions precedent set forth in New York General Municipal Law to maintain this lawsuit against defendants WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL. 12. Upon information and belief, on or about May 10, 2019, infant N.1S. was a student enrolled at West Senior High School, located at3330 Seneca Street, West NY Seneca, 14224. 13. Upon information and belief, on or about at 3:00 May 10, 2019, approximately p.m., infant plaintitr N.13. was lawfully inside West Senior High School when she was sexually assaulted by another student in the basement of the school, in the and resulting serious, painful, permanent injuries hereinafter described. 14. Upon information and belief, and at all times relevant defendants WEST herein, SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL, maintained, operated, 5 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 (FILED ERIE COUNTY CLERK /2020 02 INDEX NO. 805265/2020 : 0 6 /03 : 19 Pl) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2020 managed, supervised, owned, and/or otherwise controlled West Senior High School, and in particular, the portion of the school where the incident occurred. 15. Upon information and belief, and at alltimes relevant herein, defendants WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL had a duty to use reasonable care in the supervision of West Senior High School and their pupils, and to take reasonable measures to control, monitor, and supervise the conduct of their students, including without limitation the infant plaintiff and/or the perpetrator who committed the sexual assault. 16. Upon information and belief, on or about May 10, 2019, at approximately 3:00 p.m., inside West Senior High School, the defendants, their agents, servants, and/or employees negligently, carelessly, and/or recklessly acted, or failed to act, so as to cause the infant NJ.S. defendants* to be sexually assaulted, including without limitation the failure to and reasonably adequately supervise, control, and/or monitor their pupils, including without limitation the infant plaintiff and/or the perpetrator who committed the sexual assault, the thereby causing serious, painful, and permanent injuries and other damages hereinafter alleged. 17. At all relevant times, the infant plaintiff was a pupil enrolled at West lawfully Senior High School and defendants' entrusted to said custody and control I8. Upon information and helief, the and/or negligence, carelessness, recklessness of the defendants, their agents, servants, and/or employees, was a substantial factor in bringing about the incident and the serious injuries and other damages suffered resulting by plaintiffs as hereinafter alleged. 19. Upon information and belief, the incident and infant plaintiff s injuries were a defendants' foreseeable consequence of the negligence. 6 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 INDEX NO. 805265/2020 NY SCEF DOC . NO. 1 RECE IVE D NY S CE F : 06/03/2020 defendants' 20. Upon information and belief, the negligence, carelessness, and/or recklessness was a substantial factor in about the dangerous and hazardous conditions bringing and/or conduct that caused the infant plaintiff's injuries, including without proximately defendants' limitation an environment that allowed sexual abuse to persist in school, permitting the infant upon information and belief, had been victimized prior to the whereby plaintitY, incident complained of herein in the school's basement. 21. Upon information and belief, defendants had actual and/or constructive notice of known dangerous propensities of the perpetrator of said assault, and/or that students were not the permitted to loiter the area of the school where the incident occurred, as students have frequented this location for unlawful yet defendants failed to take appropriate action to remedy said reasons, dangerous condition and/or conduct, and/or ensure the safety and well-being of the infant plaintiff, thereby resulting in the infant plaintiff being caused to be sexually assaulted. 22. Upon information and belief, infant plaintiff N.J.S. did in no way, through her own conduct or otherwise, cause or contribute to her injuries and damages. 23 Solely as a result of the negligence, carelessness, and/or recklessness of defendants, their agents, servants, and/or employees, infant plaintiff NJ.S. was caused to sustain pain and suffering from her injuries and upon information and belief, will continue to sustain pain and suffering from her injuries in the future. 24. As a result of the negligence, fault and lack of care of the defendants, by and through their agents, servants and employees, and as a result of the aforementioned injuries, infant plaintiff was caused to incur medical expense and upon information and belief, will continue to incur medical expenses in the future. 25. As a result of the negligence, fault and lack of care of the defendants, by and 7 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 INDEX NO. 805265/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2020 their servants and the infant plaintiff was incapacitated from her through agents, employees, and/or will be either or partially, from her schooling in the schooling incapacitated, completely therefore has been caused to sustain a loss in wages and other economic loss and will future and upon information and a loss in wages and other economic loss in the future, sustain, belief, 26. Upon information and belief, infant plaintiff's injuries are permanent, progressive, to the negligence of the defendants and the incident and ongoing in nature, allrelating directly complained of herein. Upon information and the amount of damages sought by plaintiffs against 27. belief, defendants in this action exceeds the jurisdictional limits of all lower courts, which would the otherwise have and the plaintiffs will seek damages against the defendants in an jurisdiction, amount to be proven and determined at the trial of this action. AS AND FOR A SECOND CAUSE OF ACTION 28. Plaintiffs repeat, reiterate, and re-allege each and every allegation set forth in each preceding paragraph as if fully set forth herein. 29. At alltimes relevant herein, plaintiff MICHELE SARDO was and is the mother and natural guardian of the infant plaintiff, and as such has been and will be obliged to render aid, comfort, and services to the infant plaintiff, and has become obliged for medical aid, expenses, and attention in an effort to cure her injuries, and she will be further obliged to render aid and services and to expend monies for the care of infant N.J.S. 30. Upon information and belief, as a result of the foregoing, plaintiff MICHELE SARDO has been deprived of the aid, companionship, society, comfort, and services of her daughter, the infant plaintiff herein, and has suffered mental anguish, sleeplessness, and anxiety as a result of his daughter's suffering. 8 of 9 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2022 ERIE COUNTY INDEX NO. 805265/2020 (FILED : CLERK 0 6 /03 /2020 02 : 19 Pl) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2020 31. Upon information and belief, as a result of the foregoing, plaintiff MICHELE SARDO has incurred expenses that would otherwise be unnecessary but for the negligence of defendants. 32. Upon information and belief, the amount of damages sought by plaintiffs against the defendants in this action exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction, and plaintiffs will seek damages against defendants in an amount to be proven and determined at the trialof this action. WHERE FORE, the Plaintiffs, N.J.S., an Infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and MICHEI.E SARDO, Individually, demand Judgment against the Defendants, WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL, in an amount to be proven and determined at the trialof this action, together with the costs, disbursements, and other relief thisCourt may deem just, proper, and equitable. DATED: Buffalo, New York June 3, 2020 osephd Nicastro, Esq. RAMOS & RAMOS Attorneysfor Plaintyß 37 Franklin Street, Suite 1 100 Buffalo, New York 14202 (716) 810-6140 9 of 9