Preview
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
September 29, 2023
Via Email Only: ldingeldey@bssnylaw.com
Louis B. Dingeldey, Esq.
Baxter Smith & Shapiro, P.C.
182 Dwyer Street
West Seneca, New York 14224
RE: Sardo v. West Seneca Central School, et al
Index No. 805265/2020
Dear Mr. Dingeldey:
Enclosed please find Plaintiffs’ Supplemental Verified Bill of Particulars. The
verification pages will be sent under separate cover.
Please advise if you would like a copy mailed to you.
Thank you.
Very truly yours,
Renee Gargac
Renee Gargac
Paralegal to Joseph L. Nicastro
cc: Gregory P. Krull, Esq. (via email only: gkrull@lglaw.com)
Thomas Lent, Esq. (via email only: tmlent@mdwcg.com)
Kristine N. Celeste, Esq.(via email only: KCeleste@dhpglaw.com)
/rg
Enc.
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.J.S., an infant, by and through his PLAINTIFF'S FIRST SUPPLEMENTAL
Parent, and Natural Guardian, VERIFIED BILL OF PARTICULARS
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiff,
-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 STORTS,
MICHAEL JAMES STORTZ
BARBARA ANNE STORTZ, and
HEATHER THIBEALT a/k/a HEATHER A. STORTZ,
Third-Party Defendants
PLEASE TAKE NOTICE that plaintiff, N.J.S., an infant, by and through her, Parent,
and Natural Guardian, MICHELE SARDO, and MICHELLE SARDO, Individually, by and
1
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
through their attorneys, Cantor, Wolff, Nicastro & Hall, LLC, as and for their Verified
Supplemental Bill of Particulars in response to the demand of the Defendants, states as follows:
1. Plaintiffs hereby repeat, reaffirm, and re-allege their Verified Bill of Particulars
dated November 16, 2020, with the same force and effect as though more fully set forth herein.
A copy is attached hereto and incorporated by reference herein as Exhibit A.
Defendants'
2. In further response to the demand for Bill of Particulars at Paragraph
"4", the School Defendants were further negligent, reckless, and careless:
> In having knowledge, and actual and constructive notice of prior similar sexual
conduct at or near the area where the subject incident occurred, to wit, an incident
that occurred on the ground floor of the school known to the Defendants as the
"basement"
of the school on or about April 10, 2015, involving former students
D.B. and J.O., whereby J.O. was sexually assaulted by D.B., and engaged in
conduct that was sexual, disruptive, insubordinate or disorderly, said conduct
endangered the safety, morals, health or welfare of others;
In having knowledge, and actual and constructive notice of prior similar sexual
conduct at the exact same place or near the area where the subject incident
occurred, to wit, an incident that occurred on the ground floor of the school
"basement"
known to the Defendants as the of the school on or about April 5,
2019, involving former students D.A.R. and G.A.M., whereby both students were
engaged in a sexual act on school grounds, and engaged in sexual, disruptive,
insubordinate or disorderly, conduct and engaged in conduct that endangered the
safety, morals, health or welfare of others;
> In that Defendants could have reasonably anticipated an incident like the
Plaintiff's occurring having had knowledge, and actual and constructive notice of
prior similar incidents that were sexual, disruptive, insubordinate and/or
disorderly and endangered the safety, morals, health or welfare of others,
including without limitation the Plaintiff;
In that Defendants could have reasonably anticipated an incident like the
Plaintiff's occurring in that they failed to correct the subject conditions, which
allowed students to occupy, linger, conceal themselves in, and loiter in the subject
area to engage in sexual, disruptive, insubordinate and/or disorderly conduct that
endangered the safety, morals, health or welfare of others, including without
limitation the Plaintiff;
In that Defendants could have reasonably anticipated an incident like the
Plaintiff's occurring in that they continued to allow students to access the ground
2
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
"basement"
floor of the school known to the Defendants as the of the school, in
and around the area where the subject incident occurred, without any supervision,
control and/or monitoring by Defendants;
In that supervision by the School Defendants could have prevented the subject
incident given that the Defendants had knowledge, along with actual and
constructive notice of prior similar incidents that occurred on the ground floor of
"basement"
the school known to the Defendants as the of the school that were
sexual, disruptive, insubordinate and/or disorderly, incidents that endangered the
safety, morals, health or welfare of others, including without limitation the
Plaintiffs;
In that the School Defendants could have prevented the subject incident following
the prior similar incidents by: installing cameras and other surveillance in and
around the area where the subject incident and other prior incidents occurred;
having teachers, faculty, staff or security personnel monitor the area in and around
where the incident and prior incidents occurred; installing a barrier to keep
students out of the area where the subject incident occurred; and having other
protections and safeguards in place;
In permitting a sexually depraved environment and an environment that allowed
Defendants' Defendants'
sexual abuse to persist in the subject school and/or in the
school district in that there was a pattern and practice of permitting such an
Defendants'
environment to persist under supervision, as evidenced by:
o In 2007, Anthony Harper, a teacher at East Middle charged with sexual
abuse of a 13-year-old boy, and a second incident involving Mr. Harper
emerged in 2020;
o In 2012, West Seneca substitute teacher Timothy Bek being sentenced to
thirty (30) years in prison for child pornography involving students;
o In 2016, male students at West High School took nude photos of female
students, put them in a DropBox account and tried to sell the password to
other students; and
o In 2019, David Calaiacovo, a retired school psychologist in the West
Seneca schools, was charged with possession of child pornography (The
61-year-old possessed and received sexually explicit images of minors,
some as young as 3 years old); and
Having had knowledge, and actual and constructive notice of the incidents
involving DropBox, Harper, Bek and Calaiacovo, failing to take any measures
and/or precautions to prevent future incidents of sexual misconduct on school
grounds and in the District and permitting a rampant sexually depraved
Defendants'
enviroment and an enviroment that allowed sexual abuse in the
3
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
Defendants'
subject school and/or in the school district to persist, all of which was
a substantial factor in bringing about the Plaintiff's injuries.
Defendants'
5. In further response to demand for Bill of Particulars at Paragraph
"5", the School Defendants caused the following additional injuries:
Plaintiff sustained physical, emotional, and psychological injuries, along with pain and
suffering. As a direct and proximate result of the foregoing, Plaintiff sustained physical,
emotional, and psychological injuries, along with pain and suffering. As a direct result of the
Defendants'
conduct described herein, Plaintiff suffered and will continue to suffer great pain of
mind and body, severe and permanent emotional distress, physical manifestations of emotional
distress, problems sleeping, problems concentrating, low self-confidence, low self-respect, low
self-esteem, feeling of worthlessness, feeling shameful and embarrassed, feeling alone and
isolated, feeling helpless, and hopeless, problems with intimacy, relationship problems, trust
issues, feeling confused and angry, the feeling that the good things have been ruined, feeling sad
and depressed, feeling anxiety, having panic attacks, crying, feeling dirty, used, and damaged,
having flashbacks, feeling that her innocence was stolen, and feeling that her life was ruined.
Plaintiff experienced pain and discomfort after the attack. Plaintiff was prevented and will
continue to be prevented from performing her normal daily activities and obtaining the full
enjoyment of life; has incurred and will continue to incur expenses for medical and
psychological treatment, and therapy.
DATED: Buffalo, New York
September 27, 2023
J ph L. Nicastro, Esq.
ANTOR WOLFF NICASTRO HALL
Attorneys for Plaintiffs
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
4
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
TO: Louis B. Dingeldey, Esq.
BAXTER SMITH & SHAPIRO, P.C.
Attorneys for Defendants/Third-Party Plaintiffs
182 Dwyer Street
West Seneca, New York 14224
(716) 854-6140
CC: Thomas Lent, Esq.
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
Attorneys for Third-Party Defendant
Heather A. Thibealt a/k/a Heather A. Stortz
717 State Street, Suite 701
Erie, Pennsylvania 16501
(814) 480-7800
Gregory P. Krull, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for Third-Party Defendant
Chrystler Lee Stortz
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
(716) 849-1333
Kristine Celeste, Esq.
DUKE HOLZMAN PHOTIADIS & GRESENS LLP
701 Seneca Street, Suite 750
Buffalo, New York 14210
(716) 855-1111
5
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
EXHIBIT A
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.J.S., an infant, by and through his VERIFIED BILL OF
Parent, and Natural Guardian, PARTICULARS
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiff,
-vs.-
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Defendants.
1. May 10, 2019, and approximately two (2) weeks prior to May 10, 2019, from
3:00 p.m. to 3:30 p.m.
2. Basement of West Senior High School, located at 3330 Seneca Street, West
Seneca, New York 14224.
3. On or about May 10, 2019, the infant was subjected to sexual assault, oral and
vaginal rape, forcible touching, and sexual and physical assault and abuse; and approximately
two (2) weeks prior to May 10, 2019, at or near the same location, the infant plaintiff was
subjected to sexual assault and/or abuse, forcible touching, and physical assault.
4. Upon information and belief, the School Defendants, their agents, servants and/or
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
employees, were negligent in: failing to properly supervise, maintain, operate and control the
premises in question; that they allowed pupils, like the infant Plaintiff, to enter and/or access the
basement without adequate supervision and/or walk the hallways of the subject school after
school without proper supervision, management, control and/or security, thus creating a
dangerous and hazardous condition, which they knew or in exercise of reasonable care, should
have known existed for some period of time; that they failed to properly supervise the infant
Plaintiff and other pupils; that they failed to provide sufficient and proper protection and
safeguards for pupils, like the infant Plaintiff, lawfully walking the hallways of the premises after
school; that they failed to provide sufficient and proper protection and safeguards to keep pupils,
like the infant Plaintiff, from entering and/or accessing the basement of the subject school and/or
being lured into the basement by another student; that they failed to properly supervise the infant
Plaintiff after school; that they failed to formulate, implement and carry out policies regarding
the monitoring and supervision of pupils after school; that they failed to have appropriate
policies and/or procedures in place regarding the activities of students after school and/or
students remaining on the premises after school and/or keep students from entering and/or
accessing the subject basement; that they failed to appropriately hire, retain, train, monitor, staff
students'
and/or otherwise supervise employees, or agents thereof, to ensure its safety after
school; that they failed to have competent, skillful and experienced employees and/or agents as
supervisors, teachers, monitors and/or security guards; that they failed to have a sufficient
number of individuals present to properly care for and supervise their pupils after school, like the
infant Plaintiff and her perpetrator; that their employees, or agents, so employed, were
incompetent, unskillful, and/or inexperienced; that they acted, or failed to act, so as to cause the
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
infant Plaintiff to be sexually assaulted and/or physically attacked, including without limitation
Defendants'
the School failure to reasonably and adequately supervise, control, and/or monitor
their pupils, including without limitation the infant Plaintiff and/or the perpetrator who
committed the sexual assault and/or physically attacked the infant Plaintiff, thereby causing the
serious, painful, and permanent injuries and other damages hereinafter alleged; that they allowed
Defendants'
sexual assault and/or abuse to persist in the School school, whereby the infant
Plaintiff, upon information and belief, had been victimized prior to the incident complained of
herein in the same location of the building; that they failed to properly respond to prior incidents
involving physical and/or sexual assault and/or abuse in the school basement; that they failed to
correct conditions which were dangerous to pupils after school prior to and on the day of the
physical and/or sexual assaults; that they failed to warn or otherwise notify the infant Plaintiff of
the dangerous condition(s) after school; that they created a dangerous condition(s) after school at
the subject school by allowing the subject basement to remain accesible; that they had actual
notice of dangerous condition(s) at the subject school after school hours; that they had
constructive notice of that dangerous condition(s) at the subject school; that they failed to correct
the dangerous condition(s) despite having sufficient time to do so; that the school Defendants
knew or should have known of the dangerous propensities of the perpetrator of said assualt and
attack, yet Defendants failed to take appropriate action remedy said dangerous conditions and/or
conduct and/or ensure the safety and well-being of the infant plaintiff, including the infant
plaintiff having been victimized and lured into the basement of the subject school by the
perpetrator on a prior occasion; and for other negligent acts and/or omissions which may be
determined throughout the course of discovery, all of which was a substantial factor in bringing
about the infant plaintiff's injuries.
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023
Upon information and belief, the school had notice of the aforementioned dangerous
condition(s) (i.e. access to subject basement and lack of supervision and/or inadequate
supervision in said basement), as another student in the school had been victimized and subjected
to sexual assault and/or abuse in the basement on or about Apirl 10, 2015,
Plaintiffs reserve the right to supplement and/or amend this Response as information,
which is currently solely in the possession of Defendants, is disclosed in accordance with the
CPLR and during the course of discovery.
5. Upon information and belief, plaintiff N.J.S. suffered the following injuries:
symptoms of PTSD and anxiety; hypervigilance; dissociation; avoidance; intrusive and irrational
thoughts; change of sleep and appetite; depressed mood; PTSD with depersonalization
dissociative features and generalized anxiety disorder; severe change in personality and
behavior; lack of sleep; cutting; loss of motivation; psychomotor agitation; suicidal ideation; self
harm; poor concentration; avoidance of daily activities; isolation; feelings of hopelessness;
nightmares; aggravation and/or activation of previously asymptomatic pre-existing underlying
anxiety; and that plaintiff was made more susceptible to injury due to pre-existing underlying
latent mental health conditions.
Upon information and belief, the infant plaintiff's injuries are, in all respects, permanent,
progressive, and ongoing in nature.
In addition to all of the injuries stated above, plaintiff has been injured in that her general
quality of life and usual and customary daily activities have been severely hindered, impaired,
and damaged by virtue of the injuries which she sustained, together with the consequences of
those injuries, and she is unable to engage in many of those usual activities, both physical and
mental, which previously provided
Preview
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 September 29, 2023 Via Email Only: ldingeldey@bssnylaw.com Louis B. Dingeldey, Esq. Baxter Smith & Shapiro, P.C. 182 Dwyer Street West Seneca, New York 14224 RE: Sardo v. West Seneca Central School, et al Index No. 805265/2020 Dear Mr. Dingeldey: Enclosed please find Plaintiffs’ Supplemental Verified Bill of Particulars. The verification pages will be sent under separate cover. Please advise if you would like a copy mailed to you. Thank you. Very truly yours, Renee Gargac Renee Gargac Paralegal to Joseph L. Nicastro cc: Gregory P. Krull, Esq. (via email only: gkrull@lglaw.com) Thomas Lent, Esq. (via email only: tmlent@mdwcg.com) Kristine N. Celeste, Esq.(via email only: KCeleste@dhpglaw.com) /rg Enc. FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.J.S., an infant, by and through his PLAINTIFF'S FIRST SUPPLEMENTAL Parent, and Natural Guardian, VERIFIED BILL OF PARTICULARS MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiff, -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 STORTS, MICHAEL JAMES STORTZ BARBARA ANNE STORTZ, and HEATHER THIBEALT a/k/a HEATHER A. STORTZ, Third-Party Defendants PLEASE TAKE NOTICE that plaintiff, N.J.S., an infant, by and through her, Parent, and Natural Guardian, MICHELE SARDO, and MICHELLE SARDO, Individually, by and 1 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 through their attorneys, Cantor, Wolff, Nicastro & Hall, LLC, as and for their Verified Supplemental Bill of Particulars in response to the demand of the Defendants, states as follows: 1. Plaintiffs hereby repeat, reaffirm, and re-allege their Verified Bill of Particulars dated November 16, 2020, with the same force and effect as though more fully set forth herein. A copy is attached hereto and incorporated by reference herein as Exhibit A. Defendants' 2. In further response to the demand for Bill of Particulars at Paragraph "4", the School Defendants were further negligent, reckless, and careless: > In having knowledge, and actual and constructive notice of prior similar sexual conduct at or near the area where the subject incident occurred, to wit, an incident that occurred on the ground floor of the school known to the Defendants as the "basement" of the school on or about April 10, 2015, involving former students D.B. and J.O., whereby J.O. was sexually assaulted by D.B., and engaged in conduct that was sexual, disruptive, insubordinate or disorderly, said conduct endangered the safety, morals, health or welfare of others; In having knowledge, and actual and constructive notice of prior similar sexual conduct at the exact same place or near the area where the subject incident occurred, to wit, an incident that occurred on the ground floor of the school "basement" known to the Defendants as the of the school on or about April 5, 2019, involving former students D.A.R. and G.A.M., whereby both students were engaged in a sexual act on school grounds, and engaged in sexual, disruptive, insubordinate or disorderly, conduct and engaged in conduct that endangered the safety, morals, health or welfare of others; > In that Defendants could have reasonably anticipated an incident like the Plaintiff's occurring having had knowledge, and actual and constructive notice of prior similar incidents that were sexual, disruptive, insubordinate and/or disorderly and endangered the safety, morals, health or welfare of others, including without limitation the Plaintiff; In that Defendants could have reasonably anticipated an incident like the Plaintiff's occurring in that they failed to correct the subject conditions, which allowed students to occupy, linger, conceal themselves in, and loiter in the subject area to engage in sexual, disruptive, insubordinate and/or disorderly conduct that endangered the safety, morals, health or welfare of others, including without limitation the Plaintiff; In that Defendants could have reasonably anticipated an incident like the Plaintiff's occurring in that they continued to allow students to access the ground 2 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 "basement" floor of the school known to the Defendants as the of the school, in and around the area where the subject incident occurred, without any supervision, control and/or monitoring by Defendants; In that supervision by the School Defendants could have prevented the subject incident given that the Defendants had knowledge, along with actual and constructive notice of prior similar incidents that occurred on the ground floor of "basement" the school known to the Defendants as the of the school that were sexual, disruptive, insubordinate and/or disorderly, incidents that endangered the safety, morals, health or welfare of others, including without limitation the Plaintiffs; In that the School Defendants could have prevented the subject incident following the prior similar incidents by: installing cameras and other surveillance in and around the area where the subject incident and other prior incidents occurred; having teachers, faculty, staff or security personnel monitor the area in and around where the incident and prior incidents occurred; installing a barrier to keep students out of the area where the subject incident occurred; and having other protections and safeguards in place; In permitting a sexually depraved environment and an environment that allowed Defendants' Defendants' sexual abuse to persist in the subject school and/or in the school district in that there was a pattern and practice of permitting such an Defendants' environment to persist under supervision, as evidenced by: o In 2007, Anthony Harper, a teacher at East Middle charged with sexual abuse of a 13-year-old boy, and a second incident involving Mr. Harper emerged in 2020; o In 2012, West Seneca substitute teacher Timothy Bek being sentenced to thirty (30) years in prison for child pornography involving students; o In 2016, male students at West High School took nude photos of female students, put them in a DropBox account and tried to sell the password to other students; and o In 2019, David Calaiacovo, a retired school psychologist in the West Seneca schools, was charged with possession of child pornography (The 61-year-old possessed and received sexually explicit images of minors, some as young as 3 years old); and Having had knowledge, and actual and constructive notice of the incidents involving DropBox, Harper, Bek and Calaiacovo, failing to take any measures and/or precautions to prevent future incidents of sexual misconduct on school grounds and in the District and permitting a rampant sexually depraved Defendants' enviroment and an enviroment that allowed sexual abuse in the 3 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 Defendants' subject school and/or in the school district to persist, all of which was a substantial factor in bringing about the Plaintiff's injuries. Defendants' 5. In further response to demand for Bill of Particulars at Paragraph "5", the School Defendants caused the following additional injuries: Plaintiff sustained physical, emotional, and psychological injuries, along with pain and suffering. As a direct and proximate result of the foregoing, Plaintiff sustained physical, emotional, and psychological injuries, along with pain and suffering. As a direct result of the Defendants' conduct described herein, Plaintiff suffered and will continue to suffer great pain of mind and body, severe and permanent emotional distress, physical manifestations of emotional distress, problems sleeping, problems concentrating, low self-confidence, low self-respect, low self-esteem, feeling of worthlessness, feeling shameful and embarrassed, feeling alone and isolated, feeling helpless, and hopeless, problems with intimacy, relationship problems, trust issues, feeling confused and angry, the feeling that the good things have been ruined, feeling sad and depressed, feeling anxiety, having panic attacks, crying, feeling dirty, used, and damaged, having flashbacks, feeling that her innocence was stolen, and feeling that her life was ruined. Plaintiff experienced pain and discomfort after the attack. Plaintiff was prevented and will continue to be prevented from performing her normal daily activities and obtaining the full enjoyment of life; has incurred and will continue to incur expenses for medical and psychological treatment, and therapy. DATED: Buffalo, New York September 27, 2023 J ph L. Nicastro, Esq. ANTOR WOLFF NICASTRO HALL Attorneys for Plaintiffs 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 4 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 TO: Louis B. Dingeldey, Esq. BAXTER SMITH & SHAPIRO, P.C. Attorneys for Defendants/Third-Party Plaintiffs 182 Dwyer Street West Seneca, New York 14224 (716) 854-6140 CC: Thomas Lent, Esq. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Third-Party Defendant Heather A. Thibealt a/k/a Heather A. Stortz 717 State Street, Suite 701 Erie, Pennsylvania 16501 (814) 480-7800 Gregory P. Krull, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attorneys for Third-Party Defendant Chrystler Lee Stortz 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 (716) 849-1333 Kristine Celeste, Esq. DUKE HOLZMAN PHOTIADIS & GRESENS LLP 701 Seneca Street, Suite 750 Buffalo, New York 14210 (716) 855-1111 5 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 EXHIBIT A FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.J.S., an infant, by and through his VERIFIED BILL OF Parent, and Natural Guardian, PARTICULARS MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiff, -vs.- WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Defendants. 1. May 10, 2019, and approximately two (2) weeks prior to May 10, 2019, from 3:00 p.m. to 3:30 p.m. 2. Basement of West Senior High School, located at 3330 Seneca Street, West Seneca, New York 14224. 3. On or about May 10, 2019, the infant was subjected to sexual assault, oral and vaginal rape, forcible touching, and sexual and physical assault and abuse; and approximately two (2) weeks prior to May 10, 2019, at or near the same location, the infant plaintiff was subjected to sexual assault and/or abuse, forcible touching, and physical assault. 4. Upon information and belief, the School Defendants, their agents, servants and/or FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 employees, were negligent in: failing to properly supervise, maintain, operate and control the premises in question; that they allowed pupils, like the infant Plaintiff, to enter and/or access the basement without adequate supervision and/or walk the hallways of the subject school after school without proper supervision, management, control and/or security, thus creating a dangerous and hazardous condition, which they knew or in exercise of reasonable care, should have known existed for some period of time; that they failed to properly supervise the infant Plaintiff and other pupils; that they failed to provide sufficient and proper protection and safeguards for pupils, like the infant Plaintiff, lawfully walking the hallways of the premises after school; that they failed to provide sufficient and proper protection and safeguards to keep pupils, like the infant Plaintiff, from entering and/or accessing the basement of the subject school and/or being lured into the basement by another student; that they failed to properly supervise the infant Plaintiff after school; that they failed to formulate, implement and carry out policies regarding the monitoring and supervision of pupils after school; that they failed to have appropriate policies and/or procedures in place regarding the activities of students after school and/or students remaining on the premises after school and/or keep students from entering and/or accessing the subject basement; that they failed to appropriately hire, retain, train, monitor, staff students' and/or otherwise supervise employees, or agents thereof, to ensure its safety after school; that they failed to have competent, skillful and experienced employees and/or agents as supervisors, teachers, monitors and/or security guards; that they failed to have a sufficient number of individuals present to properly care for and supervise their pupils after school, like the infant Plaintiff and her perpetrator; that their employees, or agents, so employed, were incompetent, unskillful, and/or inexperienced; that they acted, or failed to act, so as to cause the FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 infant Plaintiff to be sexually assaulted and/or physically attacked, including without limitation Defendants' the School failure to reasonably and adequately supervise, control, and/or monitor their pupils, including without limitation the infant Plaintiff and/or the perpetrator who committed the sexual assault and/or physically attacked the infant Plaintiff, thereby causing the serious, painful, and permanent injuries and other damages hereinafter alleged; that they allowed Defendants' sexual assault and/or abuse to persist in the School school, whereby the infant Plaintiff, upon information and belief, had been victimized prior to the incident complained of herein in the same location of the building; that they failed to properly respond to prior incidents involving physical and/or sexual assault and/or abuse in the school basement; that they failed to correct conditions which were dangerous to pupils after school prior to and on the day of the physical and/or sexual assaults; that they failed to warn or otherwise notify the infant Plaintiff of the dangerous condition(s) after school; that they created a dangerous condition(s) after school at the subject school by allowing the subject basement to remain accesible; that they had actual notice of dangerous condition(s) at the subject school after school hours; that they had constructive notice of that dangerous condition(s) at the subject school; that they failed to correct the dangerous condition(s) despite having sufficient time to do so; that the school Defendants knew or should have known of the dangerous propensities of the perpetrator of said assualt and attack, yet Defendants failed to take appropriate action remedy said dangerous conditions and/or conduct and/or ensure the safety and well-being of the infant plaintiff, including the infant plaintiff having been victimized and lured into the basement of the subject school by the perpetrator on a prior occasion; and for other negligent acts and/or omissions which may be determined throughout the course of discovery, all of which was a substantial factor in bringing about the infant plaintiff's injuries. FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 11/20/2023 Upon information and belief, the school had notice of the aforementioned dangerous condition(s) (i.e. access to subject basement and lack of supervision and/or inadequate supervision in said basement), as another student in the school had been victimized and subjected to sexual assault and/or abuse in the basement on or about Apirl 10, 2015, Plaintiffs reserve the right to supplement and/or amend this Response as information, which is currently solely in the possession of Defendants, is disclosed in accordance with the CPLR and during the course of discovery. 5. Upon information and belief, plaintiff N.J.S. suffered the following injuries: symptoms of PTSD and anxiety; hypervigilance; dissociation; avoidance; intrusive and irrational thoughts; change of sleep and appetite; depressed mood; PTSD with depersonalization dissociative features and generalized anxiety disorder; severe change in personality and behavior; lack of sleep; cutting; loss of motivation; psychomotor agitation; suicidal ideation; self harm; poor concentration; avoidance of daily activities; isolation; feelings of hopelessness; nightmares; aggravation and/or activation of previously asymptomatic pre-existing underlying anxiety; and that plaintiff was made more susceptible to injury due to pre-existing underlying latent mental health conditions. Upon information and belief, the infant plaintiff's injuries are, in all respects, permanent, progressive, and ongoing in nature. In addition to all of the injuries stated above, plaintiff has been injured in that her general quality of life and usual and customary daily activities have been severely hindered, impaired, and damaged by virtue of the injuries which she sustained, together with the consequences of those injuries, and she is unable to engage in many of those usual activities, both physical and mental, which previously provided