On June 03, 2020 a
Party Notice
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 11/09/2023 08:45 AM INDEX NO. 805265/2020
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/09/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
_________________________________________
N.J.S., an infant, by and through his NOTICE OF CROSS-MOTION
Parent, and Natural Guardian,
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
____________________________________________
DATE, TIME & PLACE November 22, 2023 at 9:30 a.m., or as soon
OF THE HEARING: 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
Avenue, Part 12, Buffalo, New Yrk 14202
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FILED: ERIE COUNTY CLERK 11/09/2023 08:45 AM INDEX NO. 805265/2020
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/09/2023
SUPPORTING PAPERS: Affidavit of Rich Hall, Esq., sworn to on
March 21, 2023, with Exhibits attached thereto, and
all pleadings and proceedings before.
RELIEF DEMANDED AND
GROUNDS THEREFORE: An Order denying Defendant’s motion to adjunre
the subject trial and an Orderrpursuant to CPLR
603, to sever the
Action, 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.
ANSWERING AFFIDAVITS: Any and 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: November 8, 2023
Buffalo, New York
CANTOR, WOLFF, NICASTRO & HALL
/s/ Ric Hal , Esq.
_________________________________________
Rich Hall, Esq.
Attorneys for Plaintiffs
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-Party Plaintiffs
182 Dwyer Street
West Seneca, New York 14224
(716) 854-6140
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FILED: ERIE COUNTY CLERK 11/09/2023 08:45 AM INDEX NO. 805265/2020
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/09/2023
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
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Preview
FILED: ERIE COUNTY CLERK 11/09/2023 08:45 AM INDEX NO. 805265/2020 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/09/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE _________________________________________ N.J.S., an infant, by and through his NOTICE OF CROSS-MOTION Parent, and Natural Guardian, 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 ____________________________________________ DATE, TIME & PLACE November 22, 2023 at 9:30 a.m., or as soon OF THE HEARING: 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 Avenue, Part 12, Buffalo, New Yrk 14202 1 1 of 3 FILED: ERIE COUNTY CLERK 11/09/2023 08:45 AM INDEX NO. 805265/2020 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/09/2023 SUPPORTING PAPERS: Affidavit of Rich Hall, Esq., sworn to on March 21, 2023, with Exhibits attached thereto, and all pleadings and proceedings before. RELIEF DEMANDED AND GROUNDS THEREFORE: An Order denying Defendant’s motion to adjunre the subject trial and an Orderrpursuant to CPLR 603, to sever the Action, 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. ANSWERING AFFIDAVITS: Any and 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: November 8, 2023 Buffalo, New York CANTOR, WOLFF, NICASTRO & HALL /s/ Ric Hal , Esq. _________________________________________ Rich Hall, Esq. Attorneys for Plaintiffs 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-Party Plaintiffs 182 Dwyer Street West Seneca, New York 14224 (716) 854-6140 2 2 of 3 FILED: ERIE COUNTY CLERK 11/09/2023 08:45 AM INDEX NO. 805265/2020 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/09/2023 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 3 3 of 3