Preview
FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
DELIVER THESE PAPERS TO OUR AUTOMOBILE LIABILITY
INSURANCE CARRIER IMMEDIATELY. YOUR FAILURE TO
DO SO MAY RESULT IN THE LOSS OF COVERAGE.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_________________________________________________
AVANI TURNER, an Infant by her Parent and Natural
Guardian LACHARA CARROLL, SUMMONS
Plaintiffs, Index No.:
v. Date Filed:
RIVERHEAD CHARTER SCHOOL,
Defendants.
________________________________________________
To the above named Defendants:
You are hereby summoned to answer the complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff’s attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
The basis of venue is SUFFOLK County.
DATED: Riverhead, New York
April 16, 2024
TRANTOLO & TRANTOLO, LLC
By: ___________________________
Daniel W. Aiello
Attorneys for Plaintiff
209 W Main St., Ste. 202
Riverhead, New York 11901
(844) 999-9999
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Defendant(s) Address(es):
Riverhead Charter School
3685 Middle Country Road
Calverton, NY 11933
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_________________________________________________
AVANI TURNER, an Infant by Her Parent and Natural
Guardian LACHARA CARROLL,
COMPLAINT
Plaintiffs,
v. Index No.
RIVERHEAD CHARTER SCHOOL,
Defendant.
_________________________________________________
Plaintiffs, AVANI TURNER, an Infant by Her Parent and Natural Guardian
LACHARA CARROLL, above-named, by plaintiff's attorneys, TRANTOLO & TRANTOLO, for
their complaint against defendant, RIVERHEAD CHARTER SCHOOL, above-named, alleges
upon information and belief:
1. At all times herein relevant plaintiffs, AVANI TURNER, an Infant by Her
Parent and Natural Guardian LACHARA CARROLL, have been residents of the County of
Suffolk and State of New York.
2. At all times herein relevant, defendant, RIVERHEAD CHARTER
SCHOOL, has been a municipal entity organized and existing pursuant to the law of the State of
New York.
3. At all times herein relevant, defendant, RIVERHEAD CHARTER
SCHOOL, has been a public school organized and existing pursuant to Article 31 of the New York
Education Law.
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4. That at all times herein relevant, defendant, RIVERHEAD CHARTER
SCHOOL, transacted business within the State of New York and/or contracted anywhere to supply
goods or services in the State of New York.
5. That at all times herein relevant, defendant, RIVERHEAD CHARTER
SCHOOL, committed a tortious act within the State of New York.
6. That at all times herein relevant, defendant, RIVERHEAD CHARTER
SCHOOL, committed a tortious act without the State of New York causing injury to person or
property within the State of New York.
7. That at all times herein relevant, defendant, RIVERHEAD CHARTER
SCHOOL, owns, uses or possesses real property situated with the State of New York.
8. That by virtue of the allegations above, defendant, RIVERHEAD
CHARTER SCHOOL, is subject to the laws of the State of New York pursuant to CPLR 302
9. At all times herein relevant, defendant RIVERHEAD CHARTER
SCHOOL, has been the owner of a certain premises known as 3685 Middle Country Road,
Calverton, NY 11933.
10. That at all times hereinafter mentioned, defendant, RIVERHEAD
CHARTER SCHOOL, by its agents, servants and/or employees managed the aforesaid premises.
11. That at all times hereinafter mentioned, defendant, RIVERHEAD
CHARTER SCHOOL, by its agents, servants and/or employees maintained the aforesaid premises.
12. That at all times hereinafter mentioned, defendant, RIVERHEAD
CHARTER SCHOOL, by its agents, servants and/or employees controlled the aforesaid premises.
13. That at all times hereinafter mentioned, defendant, RIVERHEAD
CHARTER SCHOOL, by its agents, servants and/or employees operated the aforesaid premises.
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14. That at all times hereinafter mentioned, defendant, RIVERHEAD
CHARTER SCHOOL, by its agents, servants and/or employees supervised the aforesaid premises.
15. That at all times hereinafter mentioned, defendant, RIVERHEAD
CHARTER SCHOOL, by its agents, servants and/or employees inspected the aforesaid premises.
16. That at all times hereinafter the premises described in Paragraph 8, above,
was not in a reasonably safe and suitable condition for tenants, business invitees, patrons and
guests.
17. On or about October 25, 2023, infant plaintiff, AVANI TURNER, was
lawfully on the premises mentioned in Paragraph 8, above.
18. On or about October 25, 2023, infant plaintiff, AVANI TURNER, was
caused to fall on defendants’ premises thereby sustaining injuries and damages as hereinafter
alleged.
19. On or about October 25, 2023, infant plaintiff, AVANI TURNER, was on
the slide located on the aforesaid premises mentioned in Paragraphs 8, above, and, through no fault
of her own, was caused to fall due to another student, who, upon information and belief, was
pushing children, including claimant, causing her to fall off the slide and sustain serious personal
injuries due to the negligence, carelessness, and/or recklessness of defendants, their agents,
servants, and/or employees.
20. That at all times hereinafter, upon information and belief, defendants failed
to comply with regulations for student-to-teacher/aid ratios, which, had those regulations been
adhered to and through reasonable and adequate supervision, would have prevented infant
plaintiff’s injuries; this failure was the proximate cause of infant plaintiff’s injuries.
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21. That at all times hereinafter, upon information and belief, defendants, its
agents, servants, and/or employees were negligent in the performance of their duties in failing to
properly train its employees, agents, and/or servants; in failing to properly supervise students
present on their premises and allowing a dangerous condition to exist on their premises; in failing
to properly demonstrate and/or instruct on the proper use of the slide and proper behavior inasmuch
as children need instruction; in failing to provide proper instruction in general, and safeguards to
protect against student impact with hard surfaces, thereby allowing and causing the claimant to
sustain serious and permanent personal injuries; in failing to provide appropriate care; in failing to
provide adequate, sufficient and/or competent personnel to take reasonable care of the premises;
in failing to properly perform duties; in negligently hiring staff; in negligently retaining staff; in
negligently training staff; in negligently supervising staff; in failing to keep the premises
reasonably safe; in failing to operate and maintain the aforesaid premises in a reasonably condition;
in having actual and/or constructive notice of a defect at least fifteen days prior to the date of the
incident; in failing to see what was there to be seen and take appropriate precautions in the
operation of the premises and students thereon, and thereby causing a hazard; and in all other ways
the respondents were negligent, careless, and reckless in the maintenance of the premises,
including violating rules of the road/statutes and regulations for student supervision; all of which
proximately caused claimant’s serious injuries.
22. Defendant violated 18 NYCRR 418-1.8, et. seq., which was the proximate
cause of plaintiff-infant’s injuries.
23. Infant-plaintiff’s injuries and damages referred to herein were caused solely
by defendant’s negligence by permitting a dangerous condition within said premises the defendant
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knew, or should have known, existed and continued to exist within said premises and/or by failing to
warn the infant plaintiff of said dangerous condition.
24. The aforementioned incident occurred solely as a result of defendant’s
negligence without any negligence attributable in any measure to infant plaintiff, AVANI TURNER.
25. On or about December 20, 2023, defendant, RIVERHEAD CHARTER
SCHOOL, and RIVERHEAD CENTRAL SCHOOL DISTRICT, were served with a Notice of
Claim/written verified claim detailing defendants’ culpability and plaintiff’s damages. Defendant,
RIVERHEAD CHARTER SCHOOL, have failed and refused to make payment to plaintiff in
accordance with said Notice of Claim/ written verified claim, pursuant to Education Law 3813(1).
26. That said written verified claim was served via personal and U.S.P.S.
Certified Mail.
27. A statutory hearing or the equivalent was waived by defendant.
28. At least thirty (30) days have elapsed since the service of the Notice of
Claim/written verified claim upon defendant, RIVERHEAD CHARTER SCHOOL, and
adjustment or payment thereof has been neglected or refused by defendant, RIVERHEAD
CHARTER SCHOOL.
29. The Notice of Claim is attached hereto as Exhibit “A” and all assertions
and claims against defendant are incorporated herein by reference. Accompanying said Notice of
Claim are the affidavits of service.
30. As a result of the negligence of the defendant as alleged above, infant plaintiff,
AVANI TURNER, was injured and has suffered damages in an amount which exceeds the monetary
jurisdictional limits of all lower New York State Courts.
31. This matter is timely commenced pursuant to Education Law 3813(2-b).
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WHEREFORE, plaintiff AVANI TURNER, an Infant by her Parent and Natural
Guardian, LACHARA CARROLL, demands judgment against defendant, RIVERHEAD
CHARTER SCHOOL, in an amount which exceeds the monetary jurisdictional limits of all lower
New York State Courts and plaintiff demands such other, further and different relief as the Court
may deem just and proper, together with the costs and disbursements of this action.
DATED: Riverhead, New York
April 16, 2024
Yours, etc.,
TRANTOLO & TRANTOLO
42. AN
By: ____________________________
Daniel W. Aiello, Esq.
Attorneys for Plaintiff
209 W. Main St., Ste. 202
Riverhead, NY 11901
(844) 999-9999
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Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
AVANI TURNER, an Infant by her Parent and Natural Guardian LACHARA CARROLL,
Plaintiffs,
-against-
RIVERHEAD CHARTER SCHOOL,
Defendants.
SUMMONS & COMPLAINT
TRANTOLO & TRANTOLO, LLC
Attorneys for Plaintiff
209 w Main Street, 2nd Floor
Riverhead, New York 11901
(844) 999-9999
_______________________________
Signature Pursuant to Rule 130-1.1a
Dated: Melville, New York
, 2023
PLEASE TAKE NOTICE:
NOTICE OF ENTRY
that the within is a (certified) true copy of an Order
duly entered in the office of the clerk of the within named court on
NOTICE OF SETTLEMENT
that an order ________of which the within is a true copy will be presented for settlement to
the HON.______ one of the judges of the within named Court, at ________on ___ at M.
Dated:
Yours, etc.
TRANTOLO & TRANTOLO, LLC
Attorneys for Plaintiff
209 W Main Street, 2nd Floor
Riverhead, New York 11901
(844) 999-9999
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Preview
FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 DELIVER THESE PAPERS TO OUR AUTOMOBILE LIABILITY INSURANCE CARRIER IMMEDIATELY. YOUR FAILURE TO DO SO MAY RESULT IN THE LOSS OF COVERAGE. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _________________________________________________ AVANI TURNER, an Infant by her Parent and Natural Guardian LACHARA CARROLL, SUMMONS Plaintiffs, Index No.: v. Date Filed: RIVERHEAD CHARTER SCHOOL, Defendants. ________________________________________________ To the above named Defendants: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is SUFFOLK County. DATED: Riverhead, New York April 16, 2024 TRANTOLO & TRANTOLO, LLC By: ___________________________ Daniel W. Aiello Attorneys for Plaintiff 209 W Main St., Ste. 202 Riverhead, New York 11901 (844) 999-9999 1 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Defendant(s) Address(es): Riverhead Charter School 3685 Middle Country Road Calverton, NY 11933 2 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _________________________________________________ AVANI TURNER, an Infant by Her Parent and Natural Guardian LACHARA CARROLL, COMPLAINT Plaintiffs, v. Index No. RIVERHEAD CHARTER SCHOOL, Defendant. _________________________________________________ Plaintiffs, AVANI TURNER, an Infant by Her Parent and Natural Guardian LACHARA CARROLL, above-named, by plaintiff's attorneys, TRANTOLO & TRANTOLO, for their complaint against defendant, RIVERHEAD CHARTER SCHOOL, above-named, alleges upon information and belief: 1. At all times herein relevant plaintiffs, AVANI TURNER, an Infant by Her Parent and Natural Guardian LACHARA CARROLL, have been residents of the County of Suffolk and State of New York. 2. At all times herein relevant, defendant, RIVERHEAD CHARTER SCHOOL, has been a municipal entity organized and existing pursuant to the law of the State of New York. 3. At all times herein relevant, defendant, RIVERHEAD CHARTER SCHOOL, has been a public school organized and existing pursuant to Article 31 of the New York Education Law. 3 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 4. That at all times herein relevant, defendant, RIVERHEAD CHARTER SCHOOL, transacted business within the State of New York and/or contracted anywhere to supply goods or services in the State of New York. 5. That at all times herein relevant, defendant, RIVERHEAD CHARTER SCHOOL, committed a tortious act within the State of New York. 6. That at all times herein relevant, defendant, RIVERHEAD CHARTER SCHOOL, committed a tortious act without the State of New York causing injury to person or property within the State of New York. 7. That at all times herein relevant, defendant, RIVERHEAD CHARTER SCHOOL, owns, uses or possesses real property situated with the State of New York. 8. That by virtue of the allegations above, defendant, RIVERHEAD CHARTER SCHOOL, is subject to the laws of the State of New York pursuant to CPLR 302 9. At all times herein relevant, defendant RIVERHEAD CHARTER SCHOOL, has been the owner of a certain premises known as 3685 Middle Country Road, Calverton, NY 11933. 10. That at all times hereinafter mentioned, defendant, RIVERHEAD CHARTER SCHOOL, by its agents, servants and/or employees managed the aforesaid premises. 11. That at all times hereinafter mentioned, defendant, RIVERHEAD CHARTER SCHOOL, by its agents, servants and/or employees maintained the aforesaid premises. 12. That at all times hereinafter mentioned, defendant, RIVERHEAD CHARTER SCHOOL, by its agents, servants and/or employees controlled the aforesaid premises. 13. That at all times hereinafter mentioned, defendant, RIVERHEAD CHARTER SCHOOL, by its agents, servants and/or employees operated the aforesaid premises. 2 4 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 14. That at all times hereinafter mentioned, defendant, RIVERHEAD CHARTER SCHOOL, by its agents, servants and/or employees supervised the aforesaid premises. 15. That at all times hereinafter mentioned, defendant, RIVERHEAD CHARTER SCHOOL, by its agents, servants and/or employees inspected the aforesaid premises. 16. That at all times hereinafter the premises described in Paragraph 8, above, was not in a reasonably safe and suitable condition for tenants, business invitees, patrons and guests. 17. On or about October 25, 2023, infant plaintiff, AVANI TURNER, was lawfully on the premises mentioned in Paragraph 8, above. 18. On or about October 25, 2023, infant plaintiff, AVANI TURNER, was caused to fall on defendants’ premises thereby sustaining injuries and damages as hereinafter alleged. 19. On or about October 25, 2023, infant plaintiff, AVANI TURNER, was on the slide located on the aforesaid premises mentioned in Paragraphs 8, above, and, through no fault of her own, was caused to fall due to another student, who, upon information and belief, was pushing children, including claimant, causing her to fall off the slide and sustain serious personal injuries due to the negligence, carelessness, and/or recklessness of defendants, their agents, servants, and/or employees. 20. That at all times hereinafter, upon information and belief, defendants failed to comply with regulations for student-to-teacher/aid ratios, which, had those regulations been adhered to and through reasonable and adequate supervision, would have prevented infant plaintiff’s injuries; this failure was the proximate cause of infant plaintiff’s injuries. 3 5 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 21. That at all times hereinafter, upon information and belief, defendants, its agents, servants, and/or employees were negligent in the performance of their duties in failing to properly train its employees, agents, and/or servants; in failing to properly supervise students present on their premises and allowing a dangerous condition to exist on their premises; in failing to properly demonstrate and/or instruct on the proper use of the slide and proper behavior inasmuch as children need instruction; in failing to provide proper instruction in general, and safeguards to protect against student impact with hard surfaces, thereby allowing and causing the claimant to sustain serious and permanent personal injuries; in failing to provide appropriate care; in failing to provide adequate, sufficient and/or competent personnel to take reasonable care of the premises; in failing to properly perform duties; in negligently hiring staff; in negligently retaining staff; in negligently training staff; in negligently supervising staff; in failing to keep the premises reasonably safe; in failing to operate and maintain the aforesaid premises in a reasonably condition; in having actual and/or constructive notice of a defect at least fifteen days prior to the date of the incident; in failing to see what was there to be seen and take appropriate precautions in the operation of the premises and students thereon, and thereby causing a hazard; and in all other ways the respondents were negligent, careless, and reckless in the maintenance of the premises, including violating rules of the road/statutes and regulations for student supervision; all of which proximately caused claimant’s serious injuries. 22. Defendant violated 18 NYCRR 418-1.8, et. seq., which was the proximate cause of plaintiff-infant’s injuries. 23. Infant-plaintiff’s injuries and damages referred to herein were caused solely by defendant’s negligence by permitting a dangerous condition within said premises the defendant 4 6 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 knew, or should have known, existed and continued to exist within said premises and/or by failing to warn the infant plaintiff of said dangerous condition. 24. The aforementioned incident occurred solely as a result of defendant’s negligence without any negligence attributable in any measure to infant plaintiff, AVANI TURNER. 25. On or about December 20, 2023, defendant, RIVERHEAD CHARTER SCHOOL, and RIVERHEAD CENTRAL SCHOOL DISTRICT, were served with a Notice of Claim/written verified claim detailing defendants’ culpability and plaintiff’s damages. Defendant, RIVERHEAD CHARTER SCHOOL, have failed and refused to make payment to plaintiff in accordance with said Notice of Claim/ written verified claim, pursuant to Education Law 3813(1). 26. That said written verified claim was served via personal and U.S.P.S. Certified Mail. 27. A statutory hearing or the equivalent was waived by defendant. 28. At least thirty (30) days have elapsed since the service of the Notice of Claim/written verified claim upon defendant, RIVERHEAD CHARTER SCHOOL, and adjustment or payment thereof has been neglected or refused by defendant, RIVERHEAD CHARTER SCHOOL. 29. The Notice of Claim is attached hereto as Exhibit “A” and all assertions and claims against defendant are incorporated herein by reference. Accompanying said Notice of Claim are the affidavits of service. 30. As a result of the negligence of the defendant as alleged above, infant plaintiff, AVANI TURNER, was injured and has suffered damages in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. 31. This matter is timely commenced pursuant to Education Law 3813(2-b). 5 7 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 WHEREFORE, plaintiff AVANI TURNER, an Infant by her Parent and Natural Guardian, LACHARA CARROLL, demands judgment against defendant, RIVERHEAD CHARTER SCHOOL, in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts and plaintiff demands such other, further and different relief as the Court may deem just and proper, together with the costs and disbursements of this action. DATED: Riverhead, New York April 16, 2024 Yours, etc., TRANTOLO & TRANTOLO 42. AN By: ____________________________ Daniel W. Aiello, Esq. Attorneys for Plaintiff 209 W. Main St., Ste. 202 Riverhead, NY 11901 (844) 999-9999 6 8 of 9 FILED: SUFFOLK COUNTY CLERK 04/17/2024 03:10 PM INDEX NO. 609884/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK AVANI TURNER, an Infant by her Parent and Natural Guardian LACHARA CARROLL, Plaintiffs, -against- RIVERHEAD CHARTER SCHOOL, Defendants. SUMMONS & COMPLAINT TRANTOLO & TRANTOLO, LLC Attorneys for Plaintiff 209 w Main Street, 2nd Floor Riverhead, New York 11901 (844) 999-9999 _______________________________ Signature Pursuant to Rule 130-1.1a Dated: Melville, New York , 2023 PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT that an order ________of which the within is a true copy will be presented for settlement to the HON.______ one of the judges of the within named Court, at ________on ___ at M. Dated: Yours, etc. TRANTOLO & TRANTOLO, LLC Attorneys for Plaintiff 209 W Main Street, 2nd Floor Riverhead, New York 11901 (844) 999-9999 9 of 9