Preview
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023
EXHIBIT "A"
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023
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 VERIFIED NOTICE
MICHELE SARDO, Individually, OF CLAIM
Claimants,
VS.
WEST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION and
WEST SENIOR HIGH SCHOOL,
Respondents.
..
TO: Matthew J. Bystrak, Superintendent of Schools
West Seneca Central School District
675 Potters Road
West Seneca, NY 14224
Nicole Latza, School District Clerk
West Seneca Central School District
675 Potters Road
West Seneca, NY 14224
Diane Beres, Board President
West Seneca Central School District Board of Education
675 Potters Road
West Seneca, NY 14224
John Brinker, Principal
West Senior High School
3330 Seneca Street
West Seneca, NY 14224
Claimant, N.J.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 Notice of Claim against the Respondents herein, WEST SENECA
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023
CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD
OF EDUCATION, and WEST SENIOR HIGH SCHOOL, state as follows:
1. The name and post office address of the Claimants and their attorneys is as
follows: N.J.S. and MICHELE SARDO, 24 Winegar Place, West Seneca, New York 14210;
Ramos & Ramos, Joseph L. Nicastro, Esq., 37 Franklin Street, Suite 1110, Buffalo, New York
14202.
2. Upon information and belief, the infant Claimant, N.J.S., was caused to sustain
serious personal injuries when she was sexually assaulted and/or physically attacked by another
student at West Senior High School, located at 3330 Seneca Street, West Seneca, New York
14224.
Further, upon information and belief, at all times relevant herein, the Respondents, and/or
the Respondents by their authorized agents, servants and/or employees, had a duty while
Respondents'
students, such as the infant Claimant, N.J.S., were enrolled in school and under
Respondents'
control, to provide adequate supervision and to use reasonable care for their safety.
Upon information and belief, the Respondents breached their duty to their pupils, including the
infant Claimant, which was a substantial factor in bringing about the incident and her resulting
injuries.
Further, upon information and belief, the negligence, carelessness and/or recklessness of
the Respondents herein, and/or the Respondents by their authorized agents, servants and/or
employees, was a substantial factor in bringing about the incident and the infant Claimant's
Respondents'
resulting injuries, specifically including without limitation negligent supervision,
control, security and/or inadequate monitoring of their pupils, including without limitation the
infant Claimant and/or the perpetrator who committed the sexual assault and/or physically
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023
attacked the infant Claimant.
Respondents'
Further, upon information and belief, the negligence, carelessness, and/or
recklessness was a substantial factor in bringing about and/or creating the dangerous and
hazardous conditions and/or conduct that proximately caused the infant Claimant's injuries,
including without limitation permitting an environment that allowed sexual abuse and/or
Respondents'
misconduct to occur in school. Further, upon information and belief, the
Respondents had actual and/or constructive notice thereof, which includes without limitation the
known dangerous propensities of the perpetrator of said assault and attack, yet Respondents
failed to take appropriate action to remedy said dangerous conditions and/or conduct, and/or
ensure the safety and well-being of the infant Claimant, thereby resulting in the infant Claimant
being caused to be sexually assaulted.
3. The time when, the place where, and the manner in which the claim arose is as
follows: At approximately 3:00 p.m., on May 10, 2019, in the basement of West Senior
High School, located at located at 3330 Seneca Street, West Seneca, New York 14224, when the
infant Clamant, N.J.S., was sexually assaulted and/or physically attacked by another student of
the high school.
4. The items of damage or injuries claimed to have been sustained are as follows:
Upon information and belief, the infant Claimant, N.J.S., suffered serious, permanent physical
and/or psychological injuries, including without limitations severe conscious pain and suffering,
including loss of enjoyment of life; emotional and psychological pain and suffering with related
mental anguish, stress and anxiety, past, present and future; the impairment of her ability to
perform her usual and customary activities of daily living; humiliation; degradation; terror; and
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023
her injuries are, upon information and belief, permanent, progressive, and ongoing in nature, all
relating to the incident and negligence complained of, all to her continuing detriment.
Upon information and belief, Claimant, MICHELE SARDO, has been and will be
deprived of the aid, companionship, society, comfort and services of the infant Claimant, N.J.S.,
and has suffered damages. Further, upon information and belief, Claimant, MICHELE SARDO,
has been and will be obliged to render aid, comfort and services to the infant Claimant, and has
become obligated for medical aid, expenses and attention in an effort to cure her injuries, and she
believes that in the future she will be further obligated to render aid and services and to expend
monies for the care of her daughter, the infant Claimant.
DATED: Buffalo, New York
July 22, 2019
Res et lly mitted,
Ni'
Josep . stro, fliiq
RA S & MOS
eh of Claimants
37 Franklin Street, Suite 1000
Buffalo, New York 14202
(716) 810-6140
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023
VERIFICATION
STATE OF NEW YORK )
COUNTY OF ERIE ) ss:
MICHELE SARDO, as Parent and Natural Guardian of N.J.S, an infant, being duly
sworn, deposes and says that she is a Claimant herein; that she has read the foregoing Notice of
Claim and knows the contents thereof; that the same is true to the knowledge of the deponent,
except as to the matters therein stated to be alleged on information and belief, and that as to those
matters she believes them to be true.
MICHELE SARDO
Sworn to efore m this
ay of , 2019.
JOSEPHLUCIANNICASTRO
NCrrARYPUBLIC,Stateof New
Qualifiedin Erie County
CommissionExpiresMarch23,
Preview
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023 EXHIBIT "A" FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023 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 VERIFIED NOTICE MICHELE SARDO, Individually, OF CLAIM Claimants, VS. WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION and WEST SENIOR HIGH SCHOOL, Respondents. .. TO: Matthew J. Bystrak, Superintendent of Schools West Seneca Central School District 675 Potters Road West Seneca, NY 14224 Nicole Latza, School District Clerk West Seneca Central School District 675 Potters Road West Seneca, NY 14224 Diane Beres, Board President West Seneca Central School District Board of Education 675 Potters Road West Seneca, NY 14224 John Brinker, Principal West Senior High School 3330 Seneca Street West Seneca, NY 14224 Claimant, N.J.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 Notice of Claim against the Respondents herein, WEST SENECA FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023 CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, and WEST SENIOR HIGH SCHOOL, state as follows: 1. The name and post office address of the Claimants and their attorneys is as follows: N.J.S. and MICHELE SARDO, 24 Winegar Place, West Seneca, New York 14210; Ramos & Ramos, Joseph L. Nicastro, Esq., 37 Franklin Street, Suite 1110, Buffalo, New York 14202. 2. Upon information and belief, the infant Claimant, N.J.S., was caused to sustain serious personal injuries when she was sexually assaulted and/or physically attacked by another student at West Senior High School, located at 3330 Seneca Street, West Seneca, New York 14224. Further, upon information and belief, at all times relevant herein, the Respondents, and/or the Respondents by their authorized agents, servants and/or employees, had a duty while Respondents' students, such as the infant Claimant, N.J.S., were enrolled in school and under Respondents' control, to provide adequate supervision and to use reasonable care for their safety. Upon information and belief, the Respondents breached their duty to their pupils, including the infant Claimant, which was a substantial factor in bringing about the incident and her resulting injuries. Further, upon information and belief, the negligence, carelessness and/or recklessness of the Respondents herein, and/or the Respondents by their authorized agents, servants and/or employees, was a substantial factor in bringing about the incident and the infant Claimant's Respondents' resulting injuries, specifically including without limitation negligent supervision, control, security and/or inadequate monitoring of their pupils, including without limitation the infant Claimant and/or the perpetrator who committed the sexual assault and/or physically FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023 attacked the infant Claimant. Respondents' Further, upon information and belief, the negligence, carelessness, and/or recklessness was a substantial factor in bringing about and/or creating the dangerous and hazardous conditions and/or conduct that proximately caused the infant Claimant's injuries, including without limitation permitting an environment that allowed sexual abuse and/or Respondents' misconduct to occur in school. Further, upon information and belief, the Respondents had actual and/or constructive notice thereof, which includes without limitation the known dangerous propensities of the perpetrator of said assault and attack, yet Respondents failed to take appropriate action to remedy said dangerous conditions and/or conduct, and/or ensure the safety and well-being of the infant Claimant, thereby resulting in the infant Claimant being caused to be sexually assaulted. 3. The time when, the place where, and the manner in which the claim arose is as follows: At approximately 3:00 p.m., on May 10, 2019, in the basement of West Senior High School, located at located at 3330 Seneca Street, West Seneca, New York 14224, when the infant Clamant, N.J.S., was sexually assaulted and/or physically attacked by another student of the high school. 4. The items of damage or injuries claimed to have been sustained are as follows: Upon information and belief, the infant Claimant, N.J.S., suffered serious, permanent physical and/or psychological injuries, including without limitations severe conscious pain and suffering, including loss of enjoyment of life; emotional and psychological pain and suffering with related mental anguish, stress and anxiety, past, present and future; the impairment of her ability to perform her usual and customary activities of daily living; humiliation; degradation; terror; and FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023 her injuries are, upon information and belief, permanent, progressive, and ongoing in nature, all relating to the incident and negligence complained of, all to her continuing detriment. Upon information and belief, Claimant, MICHELE SARDO, has been and will be deprived of the aid, companionship, society, comfort and services of the infant Claimant, N.J.S., and has suffered damages. Further, upon information and belief, Claimant, MICHELE SARDO, has been and will be obliged to render aid, comfort and services to the infant Claimant, and has become obligated for medical aid, expenses and attention in an effort to cure her injuries, and she believes that in the future she will be further obligated to render aid and services and to expend monies for the care of her daughter, the infant Claimant. DATED: Buffalo, New York July 22, 2019 Res et lly mitted, Ni' Josep . stro, fliiq RA S & MOS eh of Claimants 37 Franklin Street, Suite 1000 Buffalo, New York 14202 (716) 810-6140 FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/01/2023 VERIFICATION STATE OF NEW YORK ) COUNTY OF ERIE ) ss: MICHELE SARDO, as Parent and Natural Guardian of N.J.S, an infant, being duly sworn, deposes and says that she is a Claimant herein; that she has read the foregoing Notice of Claim and knows the contents thereof; that the same is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters she believes them to be true. MICHELE SARDO Sworn to efore m this ay of , 2019. JOSEPHLUCIANNICASTRO NCrrARYPUBLIC,Stateof New Qualifiedin Erie County CommissionExpiresMarch23,