Preview
FILED: TOMPKINS COUNTY CLERK 02/29/2024 10:32 AM INDEX NO. EF2024-0143
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
CI2024-04075 Index # : EF2024-0143
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
JESSICA MCFEE as Parent and Natural Guardian
of N.T., a minor,
Petitioner,
-against- PETITION
lTHACA CITY SCHOOL DISTRICT,
Respondent.
JESSICA MCFEE, being duly sworn, deposes and says:
1. My name is JESSICA MCFEE, I am over eighteen (18) years of age, and I
am the Petitioner/Claimant herein as the parent and natural guardian of N.T., a minor.
2. I submit this Petition for an order permitting me to serve a Notice of Claim for
personal injuries against the ITHACA CITY SCHOOL DISTRICT after the expiration of the
statutory period of ninety (90) days.
3. That, on or about September 8, 2023, at approximately 10:00 AM, while at
the Beverly J. Martin Elementary School in the gymnasium, which is controlled, owned,
managed, and operated by the Defendant, ITHACA CITY SCHOOL DISTRICT, N.T. was
negligently caused to fall while taking place in gym class, all in contravention to the specific
Individual Education Plan ("IEP") of N.T. all due to the negligence of Defendant, ITHACA
CITY SCHOOL DISTRICT.
4. As a result of the fall, N.T. suffered a fractured femur, which required
surgery.
5. Prior to the bringing of this Petition, I did consult with some local attorneys
1 of 3
FILED: TOMPKINS COUNTY CLERK 02/29/2024 10:32 AM INDEX NO. EF2024-0143
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
CI2024-04075 Index #: EF2024-0143
in. September of 2023, but none would take the case and none advised me of the
. requirement to file a Notice of Claim. On January 10, 2024, N.T/s gym teacher, an
employee of Defendant, who witnessed N.T.'s injury on September· 8, 2023 informed me
of further information regarding the inattention and negligence of the one-to-one employee
of Defendant who was responsible under the IEP for the supervision of N.T., and I again
began my pursuit of an attorney to bring a claim against Defendant. On approximately
February 7, 2024, I contacted the law firm of Hill & Moin, who subsequently referred me
to Fitzsimmons, Nunn & Plukas, LLP. Following a short investigation, I signed a retainer
with_· Fitzsimmons, Nunn & Plukas, LLP, today, February 27, 2024. Prior to my
communication with Fitzsimmons, Nunn & Plukas, LLP I was unaware of the requirement
to file a Notice of Claim against the ITHACA CITY SCHOOL DISTRICT in order to pursue
any claim.
6. Nonetheless, the ITHACA CITY SCHOOL DISTRICT, ,through its agents,
servants, contractors or employees, had actual knowledge of the incident on the date it
occurred.
7. The ITHACA CITY SCHOOL DISTRICT, through its agents, servants,
contractors or employees, was directly responsible for the supervision of N.T. at the time
of the fall..
8. Upon information and belief, the ITHACA CITY SCHOOL DISTRICT had
notice of the essential facts constituting my claim and the opportunity to investigate the
circumstances underlying the incident.
9. Therefore, the failure to serve upon the ITHACA CITY SCHOOL DISTRICT
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FILED: TOMPKINS COUNTY CLERK 02/29/2024 10:32 AM INDEX NO. EF2024-0143
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
CI2024-04075 Index #: EF2024-0143
a timely Notice of Claim cannot be said to have resulted in substantial prejudi'Ce, inasmuch
as it was aware of, and caused, the fall that injured N.T ..
10. This claim is meritorious, inasmuch as N.T. has suffered serious personal
injuries that were caused by the negligence of the ITHACA CITY SCHOOL DISTRICT, its
agents, servants, contractors or employees.
No previous application for the relief herein sought has ever been made.
21·27:·
Dated: - - - - - - - , 2024.
nd Natural
an of N.T., a
Sworn to before me this 2 7 JOSEPH R. PLUKAS
NOTARY PUBLIC, State of New York
day of~~~~ , 2024. Reg.No.02PL6397430
Qualified in Monroe County
Commission Expires september 3. 2027
3 of 3
Preview
FILED: TOMPKINS COUNTY CLERK 02/29/2024 10:32 AM INDEX NO. EF2024-0143 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 CI2024-04075 Index # : EF2024-0143 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS JESSICA MCFEE as Parent and Natural Guardian of N.T., a minor, Petitioner, -against- PETITION lTHACA CITY SCHOOL DISTRICT, Respondent. JESSICA MCFEE, being duly sworn, deposes and says: 1. My name is JESSICA MCFEE, I am over eighteen (18) years of age, and I am the Petitioner/Claimant herein as the parent and natural guardian of N.T., a minor. 2. I submit this Petition for an order permitting me to serve a Notice of Claim for personal injuries against the ITHACA CITY SCHOOL DISTRICT after the expiration of the statutory period of ninety (90) days. 3. That, on or about September 8, 2023, at approximately 10:00 AM, while at the Beverly J. Martin Elementary School in the gymnasium, which is controlled, owned, managed, and operated by the Defendant, ITHACA CITY SCHOOL DISTRICT, N.T. was negligently caused to fall while taking place in gym class, all in contravention to the specific Individual Education Plan ("IEP") of N.T. all due to the negligence of Defendant, ITHACA CITY SCHOOL DISTRICT. 4. As a result of the fall, N.T. suffered a fractured femur, which required surgery. 5. Prior to the bringing of this Petition, I did consult with some local attorneys 1 of 3 FILED: TOMPKINS COUNTY CLERK 02/29/2024 10:32 AM INDEX NO. EF2024-0143 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 CI2024-04075 Index #: EF2024-0143 in. September of 2023, but none would take the case and none advised me of the . requirement to file a Notice of Claim. On January 10, 2024, N.T/s gym teacher, an employee of Defendant, who witnessed N.T.'s injury on September· 8, 2023 informed me of further information regarding the inattention and negligence of the one-to-one employee of Defendant who was responsible under the IEP for the supervision of N.T., and I again began my pursuit of an attorney to bring a claim against Defendant. On approximately February 7, 2024, I contacted the law firm of Hill & Moin, who subsequently referred me to Fitzsimmons, Nunn & Plukas, LLP. Following a short investigation, I signed a retainer with_· Fitzsimmons, Nunn & Plukas, LLP, today, February 27, 2024. Prior to my communication with Fitzsimmons, Nunn & Plukas, LLP I was unaware of the requirement to file a Notice of Claim against the ITHACA CITY SCHOOL DISTRICT in order to pursue any claim. 6. Nonetheless, the ITHACA CITY SCHOOL DISTRICT, ,through its agents, servants, contractors or employees, had actual knowledge of the incident on the date it occurred. 7. The ITHACA CITY SCHOOL DISTRICT, through its agents, servants, contractors or employees, was directly responsible for the supervision of N.T. at the time of the fall.. 8. Upon information and belief, the ITHACA CITY SCHOOL DISTRICT had notice of the essential facts constituting my claim and the opportunity to investigate the circumstances underlying the incident. 9. Therefore, the failure to serve upon the ITHACA CITY SCHOOL DISTRICT 2 of 3 FILED: TOMPKINS COUNTY CLERK 02/29/2024 10:32 AM INDEX NO. EF2024-0143 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 CI2024-04075 Index #: EF2024-0143 a timely Notice of Claim cannot be said to have resulted in substantial prejudi'Ce, inasmuch as it was aware of, and caused, the fall that injured N.T .. 10. This claim is meritorious, inasmuch as N.T. has suffered serious personal injuries that were caused by the negligence of the ITHACA CITY SCHOOL DISTRICT, its agents, servants, contractors or employees. No previous application for the relief herein sought has ever been made. 21·27:· Dated: - - - - - - - , 2024. nd Natural an of N.T., a Sworn to before me this 2 7 JOSEPH R. PLUKAS NOTARY PUBLIC, State of New York day of~~~~ , 2024. Reg.No.02PL6397430 Qualified in Monroe County Commission Expires september 3. 2027 3 of 3