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 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/01/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
--------------------------------------X Our File No. 18011DZSIB
N.J.S, an infant, by and through her
Parent and Natural Guardian,
MICHELE SARDO, and
MICHELE SARDO, Individually
Plaintiffs, NOTICE OF MOTION
FOR SUMMARY JUDGMENT
vs
Index No.: 805265/2020
WEST SENECA CENTRAL SCHOOL DISTRICT, Hon. Dennis E. Ward, J.S.C.
WEST SENECA CENTRAL SCHOOL DISTRICT Justice Presiding
BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL,
Defendants.
WEST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL,
Third-Party Plaintiffs
CHRYSTLER LEE STORTZ,
MICHAEL JAMES STORTZ,
BARBARA ANNE STORTZ and
HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ
Third-Party Defendants
-------------------------------------X ORAL ARGUMENT REQUESTED
PLEASE TAKE NOTICE that upon the annexed Affirmation of
Louis B. Dingeldey Jr., Esq., dated November 1, 2023 and upon
the exhibits annexed thereto, Defendant/Third-Party Plaintiff,
WEST SENECA CENTRAL SCHOOL DISTRICT, will move this Court at the
1 of 3
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/01/2023
Courthouse located at 25 Delaware, Part 12, Buffalo, New York
14202 on the 6th day of December, 2023 at 1:00 p.m. in the
afternoon of that day or as soon thereafter as counsel may be
heard for an Order:
a. granting summary judgment to the Defendant/Third-Party
Plaintiff, West Seneca Central School District,
plaintiffs'
pursuant to CPLR S3212 dismissing the
Complaint, and any claims asserted therein as against
said Defendant/Third-Party Plaintiff, and
b. for such other and further relief as this Court deems
just, proper and equitable.
PLEASE TAKE FURTHER NOTICE, that the Defendant/Third-Party
Plaintiff reserves the right to serve reply papers. Pursuant to
CPLR §§ 2214 and 2215, any answering affidavits and cross-motions
are required to be served at least seven (7) days before the
return date of this motion (with additional service time required
if cross-motions are served by mail).
Dated: West Seneca, New York
November 1, 2023 Yours, etc.,
"Louis B. Dingela y Jr
BAXTER & SMITH, P.C.
Attorneys for Defendants /
Third-Party Plaintiffs,
WEST SENECA CSD, WEST SENECA
CSD BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL
182 Dwyer Street
West Seneca, New York 14224
2 of 3
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/01/2023
(716) 854-6140
TO: Joseph L. Nicastro, Esq.
Cantor Wolff Nicastro & Hall
Attorneys for Plaintiffs
Main Place Tower
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
CC: Kristine N. Celeste, Esq.
DUKE HOLZMAN PHOTIADIS & GRESENS LLP
Attorneys for 3rd
party Defendants,
MICHAEL JAMES STORTZ & BARBARA ANNE STORTZ
701 Seneca Street, Suite 750
Buffalo, New York 14210
(716) 855-1111
Gregory P. Krull, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for 3rd CHRYSTLER LEE STORTZ
party Defendant,
42 Delaware Avenue, Suite. 120
Buffalo, New York 14202
(716) 849-1333
Thomas M. Lent, Esq.
MARSEALL, DENNEHEY,
WARNER, COLEMAN & GOGGIN
Attorneys for 3rd
Party Defendant,
HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ
717 State Street, #701
Erie, Pennsylvania 16501
(814) 480-7800
3 of 3
Preview
FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/01/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE --------------------------------------X Our File No. 18011DZSIB N.J.S, an infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and MICHELE SARDO, Individually Plaintiffs, NOTICE OF MOTION FOR SUMMARY JUDGMENT vs Index No.: 805265/2020 WEST SENECA CENTRAL SCHOOL DISTRICT, Hon. Dennis E. Ward, J.S.C. WEST SENECA CENTRAL SCHOOL DISTRICT Justice Presiding BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL, Defendants. WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL, Third-Party Plaintiffs CHRYSTLER LEE STORTZ, MICHAEL JAMES STORTZ, BARBARA ANNE STORTZ and HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ Third-Party Defendants -------------------------------------X ORAL ARGUMENT REQUESTED PLEASE TAKE NOTICE that upon the annexed Affirmation of Louis B. Dingeldey Jr., Esq., dated November 1, 2023 and upon the exhibits annexed thereto, Defendant/Third-Party Plaintiff, WEST SENECA CENTRAL SCHOOL DISTRICT, will move this Court at the 1 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/01/2023 Courthouse located at 25 Delaware, Part 12, Buffalo, New York 14202 on the 6th day of December, 2023 at 1:00 p.m. in the afternoon of that day or as soon thereafter as counsel may be heard for an Order: a. granting summary judgment to the Defendant/Third-Party Plaintiff, West Seneca Central School District, plaintiffs' pursuant to CPLR S3212 dismissing the Complaint, and any claims asserted therein as against said Defendant/Third-Party Plaintiff, and b. for such other and further relief as this Court deems just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that the Defendant/Third-Party Plaintiff reserves the right to serve reply papers. Pursuant to CPLR §§ 2214 and 2215, any answering affidavits and cross-motions are required to be served at least seven (7) days before the return date of this motion (with additional service time required if cross-motions are served by mail). Dated: West Seneca, New York November 1, 2023 Yours, etc., "Louis B. Dingela y Jr BAXTER & SMITH, P.C. Attorneys for Defendants / Third-Party Plaintiffs, WEST SENECA CSD, WEST SENECA CSD BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL 182 Dwyer Street West Seneca, New York 14224 2 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 01:43 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/01/2023 (716) 854-6140 TO: Joseph L. Nicastro, Esq. Cantor Wolff Nicastro & Hall Attorneys for Plaintiffs Main Place Tower 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 CC: Kristine N. Celeste, Esq. DUKE HOLZMAN PHOTIADIS & GRESENS LLP Attorneys for 3rd party Defendants, MICHAEL JAMES STORTZ & BARBARA ANNE STORTZ 701 Seneca Street, Suite 750 Buffalo, New York 14210 (716) 855-1111 Gregory P. Krull, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attorneys for 3rd CHRYSTLER LEE STORTZ party Defendant, 42 Delaware Avenue, Suite. 120 Buffalo, New York 14202 (716) 849-1333 Thomas M. Lent, Esq. MARSEALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Attorneys for 3rd Party Defendant, HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ 717 State Street, #701 Erie, Pennsylvania 16501 (814) 480-7800 3 of 3