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FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
________________________________________________X Filed:_____________
M.O., Infant by her Mother and Natural Guardian INDEX NO.
EVETTE ORTIZ and EVETTE ORTIZ Individually,
Plaintiff designates Queens
Plaintiffs, County as the place of trial.
-against- SUMMONS
THE CITY OF NEW YORK and THE NEW YORK CITY The basis of venue is the
DEPARTMENT OF EDUCATION, County in which the cause
of action arose.
Defendants.
________________________________________________X
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff's attorneys within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
April 19, 2024
______________________________
LEAV & STEINBERG, L.L.P.
Attorneys for Plaintiffs
75 Broad Street, Suite 1601
New York, New York 10271
(212) 766-5222
THE CITY OF NEW YORK THE NEW YORK CITY DEPARTMENT OF
C/O CORPORATION COUNSEL EDUCATION
100 Church Street 100 Church Street
New York, NY 10007 New York, NY 10007
RK: am
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
________________________________________________X
INDEX NO.
M.O., Infant by her Mother and Natural Guardian
EVETTE ORTIZ and EVETTE ORTIZ Individually,
VERIFIED COMPLAINT
Plaintiffs,
-against-
THE CITY OF NEW YORK and THE NEW YORK CITY
DEPARTMENT OF EDUCATION,
Defendants.
________________________________________________X
Plaintiffs, by their attorneys, LEAV & STEINBERG, L.L.P., as and for their Verified
Complaint, respectfully allege, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. The plaintiffs, at all times herein mentioned were and still are residents of the County
of Queens, City and the State of New York.
2. The plaintiff EVETTE ORTIZ is the mother and natural guardian of the infant, M.O.
3. At all times herein mentioned, defendant CITY OF NEW YORK, was and still is a
municipal corporation, created, organized and existing under and by virtue of the laws of the
State of New York.
4. At all times hereinafter mentioned, defendant THE NEW YORK CITY
DEPARTMENT OF EDUCATION, was and still is a municipal corporation, duly organized and
existing under and by virtue of the laws of the State of New York.
5. At all times herein mentioned, defendant THE NEW YORK CITY DEPARTMENT
OF EDUCATION was and still is an agency/subsidiary of defendant, CITY OF NEW YORK.
6. At all times herein mentioned, defendant CITY OF NEW YORK was and is
responsible for the actions of defendant THE NEW YORK CITY DEPARTMENT OF
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EDUCATION, its agents, servants and/or employees.
7. Prior to the commencement of this action, on May 2, 2023, a notice of claim in writing
was served on behalf of plaintiffs, upon CITY OF NEW YORK in accordance with Section 50-e
of the General Municipal Law.
8. Prior to the commencement of this action, on May 2, 2023, a notice of claim in writing
was served on behalf of plaintiffs, upon THE NEW YORK CITY DEPARTMENT OF
EDUCATION in accordance with Section 50-e of the General Municipal Law.
9. Within ninety days (90) of the occurrence herein, a notice of claim in writing was
served on behalf of plaintiffs, upon CITY OF NEW YORK in accordance with Section 50-e of
the General Municipal Law.
10. Within ninety days (90) of the occurrence herein, a notice of claim in writing was
served on behalf of plaintiffs, upon THE NEW YORK CITY DEPARTMENT OF
EDUCATION in accordance with Section 50-e of the General Municipal Law.
11. Although more than thirty (30) days have elapsed since service of such notice of
claim, the defendants neglected and have refused to pay said claim or adjust same.
12. A hearing pursuant to General Municipal Law 50-h has been held on July 6, 2023.
13. This action is commenced within one (1) year and ninety (90) days from February 1,
2023, the date the accident as herein set forth occurred.
14. At all times herein mentioned, infant plaintiff M.O. was lawfully upon defendants'
premises.
15. At all times herein mentioned, the defendant CITY OF NEW YORK owned the
public school known as Grover Cleveland High School located at 21-27 Himrod Street, in the
County of Queens, City and the State of New York.
16. At all times herein mentioned, the defendant CITY OF NEW YORK was one of the
owners of the aforesaid school.
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17. At all times herein mentioned, the defendant CITY OF NEW YORK was a lessee of
the aforesaid school.
18. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's
servants, agents and/or employees operated the aforesaid school.
19. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's
servants, agents and/or employees maintained the aforesaid school.
20. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's
servants, agents and/or employees managed the aforesaid school.
21. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's
servants, agents and/or employees controlled the aforesaid school.
22. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's
servants, agents and/or employees supervised the aforesaid school.
23. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION owned the public school known as Grover Cleveland High School located at 21-
27 Himrod Street, in the County of Queens, City and the State of New York.
24. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION was one of the owners of the aforesaid school.
25. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION was a lessee of the aforesaid school.
26. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION, defendant's servants, agents and/or employees operated the aforesaid school.
27. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION, defendant's servants, agents and/or employees maintained the aforesaid school.
28. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION, defendant's servants, agents and/or employees managed the aforesaid school.
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29. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION, defendant's servants, agents and/or employees controlled the aforesaid school.
30. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF
EDUCATION, defendant's servants, agents and/or employees supervised the aforesaid school.
31. On or before February 1, 2023, while infant plaintiff M.O. was within the school
premises, more specifically in a stairwell leading from the 1st to 2nd floor of the aforesaid school
property, she was caused to sustain severe permanent personal injuries when co-student infant-
assailant IA raped, sexually assaulted, sexually abused and sexually harassed infant plaintiff.
32. Solely as a result of the defendants' negligence, carelessness and recklessness, infant
plaintiff M.O. was caused to suffer severe permanent physical and psychological injuries
including psychological trauma, emotional distress and loss of enjoyment of life.
33. That the aforesaid occurrence and resultant injuries to infant plaintiff were caused
solely and wholly, through and by reason, of the carelessness, recklessness and negligence of
defendants, their servants, agents and/or employees, in the ownership, operation, supervision,
and control of said school premises, allowing said school building including the stairwell to be
unsupervised and/or properly supervised by the staff in charge, in causing, permitting and
allowing the aforesaid school property, to be, become and remain, in a dangerous and hazardous
condition for infant-plaintiff M.O. and other students attending thereat, although it had or should
have had notice thereof in the view of the fact that the above-mentioned infant-assailant male
classmate who raped, sexually assaulted, sexually abused and sexually harassed infant-plaintiff
M.O.; in failing to supervise, properly supervise, and/or adequately supervise the aforesaid
school building including the stairwell used by students, while school was in session; in failing to
supervise, properly supervise and/or adequately supervise the infant-plaintiff and other students
thereat; in failing to provide supervision, proper supervision or adequate supervision of the
infant-plaintiff and other students as they had moved from one class to the other at the aforesaid
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school property; in the negligent supervision, protection and care of the students who were
within their purview, custody and care, more particularly, the infant-plaintiff herein; in failing to
supervise and/or properly supervise the students and to provide supervision during school hours;
in failing to provide a safe environment for the infants/students, in particular the infant-plaintiff
herein; in failing to protect the infant-plaintiff from being raped, sexually assaulted, sexually
abused and sexually harassed by infant-assailant IA while attending school under school staff
supervision; in failing to protect the infant-plaintiff from being placed in harm way and sustain
the severe, permanent physical and psychological trauma and emotional anguish as set forth
herein; in failing to prevent the occurrence herewith and protect infant-plaintiff and other
students from being raped, sexually assaulted, sexually abused and sexually harassed by infant-
assailant IA while attending school; in knowing of the harm thereat which would come upon
infant-plaintiff and other students for some time prior to the occurrence herein; in failing to
protect infant-plaintiff from two prior occurrences of rape, sexual assault, sexual abuse and
sexual harassment of November 1, 2022, and December 1, 2022 by the same infant-assailant IA
while in school, in failing to protect the infants/students, in particular infant- plaintiff herein,
from harm although they had actual and/or constructive notice of the harm thereat; in failing to
exercise reasonable care for the safety of the infant-plaintiff and other students and to provide
general cautionary measures to protect the infant-plaintiff and other students against the dangers
of which it had actual and/or constructive notice; in failing to exercise reasonable care for the
safety of the infant-plaintiff and other students and to provide general supervision to protect the
infant-plaintiff and other students against the dangers of which it had actual and/or constructive
notice; in permitting and allowing the infant-plaintiff and other students to remain uncontrolled,
unsupervised, and/or properly supervised during school hours; in failing to have and keep
aforesaid school premises safe for infants/students, more particularly for infant-plaintiff herein,
and others who were lawfully attending school upon aforesaid school premises; in failing to
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provide supervision, proper supervision or adequate supervision at the aforesaid school during
recess; in failing to provide supervision, proper supervision or adequate supervision at the
aforesaid place; in failing to provide adequate, sufficient and/or competent personnel to ensure
against this occurrence; and in otherwise being negligent, careless and reckless in the ownership,
operation, supervision, and control of the aforesaid premises; in failing to protect the infant
herein from harm although they had actual and/or constructive notice of the threat of harm and
witnessed the assault on the infant-plaintiff as well; in failing to exercise reasonable care for the
safety of the infant/student and to provide general supervision to protect the infant/student
against the dangers of which they had actual and/or constructive notice; in causing, permitting
and allowing infant-assailant IA to remain within the aforesaid premises who they knew or
should have known had dangerous natures and propensity for rape, sexual assault, sexual abuse
and sexual harassment towards the infant/student herein; in failing to remove this violent and
dangerous student from said premises; in failing to remove those violent and dangerous infant-
assailant IA from said premises prior to the occurrence herein; in failing to remove violent and
dangerous infant-assailant IA from said premises in a timely manner and prior to rape, sexual
assault, sexual abuse and sexual harassment of the infant-plaintiff herein; in failing to have and
keep said premises and the immediate surrounding area safe for infant-plaintiff and others who
were lawful students upon said premises and traversing thereat; in failing to investigate
complaints of rape, sexual assault, sexual abuse and sexual harassment by the aforesaid
dangerous student previously given to them; in failing to act on the complaints of the rape,
sexual assault, sexual abuse and sexual harassment previously given to them; in failing to act on
the complaints of potential rape, sexual assault, sexual abuse and sexual harassment as they were
observed by the servants, agents and/or employees of defendants who witnessed the rape, sexual
assault, sexual abuse and sexual harassment and/or were informed of same; in failing to call for
more security to address the rape, sexual assault, sexual abuse and sexual harassment about
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which they had actual and/or constructive notice; in failing to provide security, proper security or
adequate security thereat; in failing to provide security guards and supervision in and around the
aforesaid school premises, in particular aforesaid stairwell; in failing to supervise the
infant/student and to provide security guards at aforesaid stairwell during recess time; in failing
to provide a safe environment for their students, in particular the infant-plaintiff herein; in failing
to provide security, proper security or adequate security to infant-plaintiff; in failing to provide
adequate, sufficient and/or competent personnel to ensure against this occurrence; in failing to
protect and come to the aid of the infant-plaintiff herein after they had received actual and/or
constructive notice that said rape, sexual assault, sexual abuse and sexual harassment had
commenced; in failing to provide the proper aid to the infant-plaintiff herein when she was
injured and upon school premises; in failing to stop the rape, sexual assault, sexual abuse and
sexual harassment on infant-plaintiff; in failing to timely stop the rape, sexual assault, sexual
abuse and sexual harassment on infant-plaintiff; in failing to prevent the rape, sexual assault,
sexual abuse and sexual harassment on infant-plaintiff and in otherwise being negligent, careless
and reckless in the safety of the aforesaid premises and infant-plaintiffs and students herein
although they had proper and timely actual and/or constructive notice of the violent intentions of
the aforesaid infant-assailant IA-1 thereat.
34. By reason of the foregoing, infant plaintiff M.O. was severely injured and damaged,
sustained severe nervous shock and mental anguish, great physical pain and emotional upset,
some of which injuries are believed to be permanent in nature and duration, and infant plaintiff
will be permanently caused to suffer pain, inconvenience and other effects of such injuries;
infant plaintiff incurred and in the future will necessarily incur further hospital and/or medical
expenses in an effort to be cured of said injuries; and infant plaintiff will be unable to pursue
infant plaintiff's usual duties with the same degree of efficiency as prior to this accident, all to
infant plaintiff 's great damage.
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35. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
36. Due to defendants' negligence, infant plaintiff is entitled to damages in a sum which
exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
37. Plaintiff EVETTE ORTIZ repeats and realleges each and every allegation contained
in paragraphs numbered "1" through "36" of the Complaint as if fully set forth at length herein.
38. At all times herein mentioned, the plaintiff EVETTE ORTIZ was the mother and
natural guardian of M.O., and as such, was entitled to the services, earnings, consortium and
society of M.O.
39. As a result of this accident, plaintiff EVETTE ORTIZ lost the said services, earnings,
consortium and society of M.O., and was caused to expend monies in the care and treatment of
the injuries so sustained by M.O.
40. Due to defendants' tortious and/or wrongful conduct as herein alleged, plaintiff
EVETTE ORTIZ is entitled to damages in a sum which exceeds the jurisdictional limit of all
lower Courts which would otherwise have jurisdiction.
WHEREFORE, the plaintiffs demand:
a. judgment awarding damages on the first cause of action, in an amount
exceeding the monetary jurisdictional limits of all lower courts which would otherwise have
jurisdiction;
b. judgment awarding damages on the second cause of action, in an amount
exceeding the monetary jurisdictional limits of all lower courts which would otherwise have
jurisdiction;
c. interest, the costs and disbursements of this action, together with such other and
further relief as to this Court seems just and proper.
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Dated: New York, New York
April 19, 2024
______________________________
By: Regina Koyfman
LEAV & STEINBERG, L.L.P.
Attorneys for Plaintiffs
75 Broad Street, Suite 1601
New York, New York 10004
(212) 766-5222
RK: am
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
________________________________________________X
INDEX NO.
M.O., Infant by her Mother and Natural Guardian
EVETTE ORTIZ and EVETTE ORTIZ Individually,
ATTORNEY'S
Plaintiffs, VERIFICATION
-against-
THE CITY OF NEW YORK and THE NEW YORK CITY
DEPARTMENT OF EDUCATION,
Defendants.
________________________________________________X
Regina Koyfman, an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am a member of the firm of LEAV & STEINBERG, L.L.P., the attorneys of record for
the plaintiffs.
I have read the foregoing Complaint and know the contents thereof; the same is true to
my own knowledge except as to the matters therein stated to be alleged on information and belief
and that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiffs because they do not reside in
the County of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with said plaintiff, information contained in the said plaintiff’s file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
April 19, 2024
_____________________________________
By: Regina Koyfman
LEAV & STEINBERG, LLP
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.
-----------------------------------------------------------------
M.O., Infant by her Mother and Natural Guardian
EVETTE ORTIZ and EVETTE ORTIZ Individually,
Plaintiffs,
-against-
THE CITY OF NEW YORK and THE DEPARTMENT
OF EDUCATION OF THE CITY OF NEW YORK,
Defendants.
-----------------------------------------------------------------
___________________________________________________
SUMMONS and VERIFIED COMPLAINT
___________________________________________________
LEAV & STEINBERG, L.L.P.
Attorneys for Plaintiffs
75 Broad Street, Suite 1601
New York, New York 10004
(212) 766-5222
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Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ________________________________________________X Filed:_____________ M.O., Infant by her Mother and Natural Guardian INDEX NO. EVETTE ORTIZ and EVETTE ORTIZ Individually, Plaintiff designates Queens Plaintiffs, County as the place of trial. -against- SUMMONS THE CITY OF NEW YORK and THE NEW YORK CITY The basis of venue is the DEPARTMENT OF EDUCATION, County in which the cause of action arose. Defendants. ________________________________________________X To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York April 19, 2024 ______________________________ LEAV & STEINBERG, L.L.P. Attorneys for Plaintiffs 75 Broad Street, Suite 1601 New York, New York 10271 (212) 766-5222 THE CITY OF NEW YORK THE NEW YORK CITY DEPARTMENT OF C/O CORPORATION COUNSEL EDUCATION 100 Church Street 100 Church Street New York, NY 10007 New York, NY 10007 RK: am 1 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ________________________________________________X INDEX NO. M.O., Infant by her Mother and Natural Guardian EVETTE ORTIZ and EVETTE ORTIZ Individually, VERIFIED COMPLAINT Plaintiffs, -against- THE CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF EDUCATION, Defendants. ________________________________________________X Plaintiffs, by their attorneys, LEAV & STEINBERG, L.L.P., as and for their Verified Complaint, respectfully allege, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. The plaintiffs, at all times herein mentioned were and still are residents of the County of Queens, City and the State of New York. 2. The plaintiff EVETTE ORTIZ is the mother and natural guardian of the infant, M.O. 3. At all times herein mentioned, defendant CITY OF NEW YORK, was and still is a municipal corporation, created, organized and existing under and by virtue of the laws of the State of New York. 4. At all times hereinafter mentioned, defendant THE NEW YORK CITY DEPARTMENT OF EDUCATION, was and still is a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York. 5. At all times herein mentioned, defendant THE NEW YORK CITY DEPARTMENT OF EDUCATION was and still is an agency/subsidiary of defendant, CITY OF NEW YORK. 6. At all times herein mentioned, defendant CITY OF NEW YORK was and is responsible for the actions of defendant THE NEW YORK CITY DEPARTMENT OF 2 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 EDUCATION, its agents, servants and/or employees. 7. Prior to the commencement of this action, on May 2, 2023, a notice of claim in writing was served on behalf of plaintiffs, upon CITY OF NEW YORK in accordance with Section 50-e of the General Municipal Law. 8. Prior to the commencement of this action, on May 2, 2023, a notice of claim in writing was served on behalf of plaintiffs, upon THE NEW YORK CITY DEPARTMENT OF EDUCATION in accordance with Section 50-e of the General Municipal Law. 9. Within ninety days (90) of the occurrence herein, a notice of claim in writing was served on behalf of plaintiffs, upon CITY OF NEW YORK in accordance with Section 50-e of the General Municipal Law. 10. Within ninety days (90) of the occurrence herein, a notice of claim in writing was served on behalf of plaintiffs, upon THE NEW YORK CITY DEPARTMENT OF EDUCATION in accordance with Section 50-e of the General Municipal Law. 11. Although more than thirty (30) days have elapsed since service of such notice of claim, the defendants neglected and have refused to pay said claim or adjust same. 12. A hearing pursuant to General Municipal Law 50-h has been held on July 6, 2023. 13. This action is commenced within one (1) year and ninety (90) days from February 1, 2023, the date the accident as herein set forth occurred. 14. At all times herein mentioned, infant plaintiff M.O. was lawfully upon defendants' premises. 15. At all times herein mentioned, the defendant CITY OF NEW YORK owned the public school known as Grover Cleveland High School located at 21-27 Himrod Street, in the County of Queens, City and the State of New York. 16. At all times herein mentioned, the defendant CITY OF NEW YORK was one of the owners of the aforesaid school. 2 3 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 17. At all times herein mentioned, the defendant CITY OF NEW YORK was a lessee of the aforesaid school. 18. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's servants, agents and/or employees operated the aforesaid school. 19. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's servants, agents and/or employees maintained the aforesaid school. 20. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's servants, agents and/or employees managed the aforesaid school. 21. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's servants, agents and/or employees controlled the aforesaid school. 22. At all times herein mentioned, the defendant CITY OF NEW YORK, defendant's servants, agents and/or employees supervised the aforesaid school. 23. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION owned the public school known as Grover Cleveland High School located at 21- 27 Himrod Street, in the County of Queens, City and the State of New York. 24. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION was one of the owners of the aforesaid school. 25. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION was a lessee of the aforesaid school. 26. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION, defendant's servants, agents and/or employees operated the aforesaid school. 27. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION, defendant's servants, agents and/or employees maintained the aforesaid school. 28. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION, defendant's servants, agents and/or employees managed the aforesaid school. 3 4 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 29. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION, defendant's servants, agents and/or employees controlled the aforesaid school. 30. At all times herein mentioned, the defendant NEW YORK CITY DEPARTMENT OF EDUCATION, defendant's servants, agents and/or employees supervised the aforesaid school. 31. On or before February 1, 2023, while infant plaintiff M.O. was within the school premises, more specifically in a stairwell leading from the 1st to 2nd floor of the aforesaid school property, she was caused to sustain severe permanent personal injuries when co-student infant- assailant IA raped, sexually assaulted, sexually abused and sexually harassed infant plaintiff. 32. Solely as a result of the defendants' negligence, carelessness and recklessness, infant plaintiff M.O. was caused to suffer severe permanent physical and psychological injuries including psychological trauma, emotional distress and loss of enjoyment of life. 33. That the aforesaid occurrence and resultant injuries to infant plaintiff were caused solely and wholly, through and by reason, of the carelessness, recklessness and negligence of defendants, their servants, agents and/or employees, in the ownership, operation, supervision, and control of said school premises, allowing said school building including the stairwell to be unsupervised and/or properly supervised by the staff in charge, in causing, permitting and allowing the aforesaid school property, to be, become and remain, in a dangerous and hazardous condition for infant-plaintiff M.O. and other students attending thereat, although it had or should have had notice thereof in the view of the fact that the above-mentioned infant-assailant male classmate who raped, sexually assaulted, sexually abused and sexually harassed infant-plaintiff M.O.; in failing to supervise, properly supervise, and/or adequately supervise the aforesaid school building including the stairwell used by students, while school was in session; in failing to supervise, properly supervise and/or adequately supervise the infant-plaintiff and other students thereat; in failing to provide supervision, proper supervision or adequate supervision of the infant-plaintiff and other students as they had moved from one class to the other at the aforesaid 4 5 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 school property; in the negligent supervision, protection and care of the students who were within their purview, custody and care, more particularly, the infant-plaintiff herein; in failing to supervise and/or properly supervise the students and to provide supervision during school hours; in failing to provide a safe environment for the infants/students, in particular the infant-plaintiff herein; in failing to protect the infant-plaintiff from being raped, sexually assaulted, sexually abused and sexually harassed by infant-assailant IA while attending school under school staff supervision; in failing to protect the infant-plaintiff from being placed in harm way and sustain the severe, permanent physical and psychological trauma and emotional anguish as set forth herein; in failing to prevent the occurrence herewith and protect infant-plaintiff and other students from being raped, sexually assaulted, sexually abused and sexually harassed by infant- assailant IA while attending school; in knowing of the harm thereat which would come upon infant-plaintiff and other students for some time prior to the occurrence herein; in failing to protect infant-plaintiff from two prior occurrences of rape, sexual assault, sexual abuse and sexual harassment of November 1, 2022, and December 1, 2022 by the same infant-assailant IA while in school, in failing to protect the infants/students, in particular infant- plaintiff herein, from harm although they had actual and/or constructive notice of the harm thereat; in failing to exercise reasonable care for the safety of the infant-plaintiff and other students and to provide general cautionary measures to protect the infant-plaintiff and other students against the dangers of which it had actual and/or constructive notice; in failing to exercise reasonable care for the safety of the infant-plaintiff and other students and to provide general supervision to protect the infant-plaintiff and other students against the dangers of which it had actual and/or constructive notice; in permitting and allowing the infant-plaintiff and other students to remain uncontrolled, unsupervised, and/or properly supervised during school hours; in failing to have and keep aforesaid school premises safe for infants/students, more particularly for infant-plaintiff herein, and others who were lawfully attending school upon aforesaid school premises; in failing to 5 6 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 provide supervision, proper supervision or adequate supervision at the aforesaid school during recess; in failing to provide supervision, proper supervision or adequate supervision at the aforesaid place; in failing to provide adequate, sufficient and/or competent personnel to ensure against this occurrence; and in otherwise being negligent, careless and reckless in the ownership, operation, supervision, and control of the aforesaid premises; in failing to protect the infant herein from harm although they had actual and/or constructive notice of the threat of harm and witnessed the assault on the infant-plaintiff as well; in failing to exercise reasonable care for the safety of the infant/student and to provide general supervision to protect the infant/student against the dangers of which they had actual and/or constructive notice; in causing, permitting and allowing infant-assailant IA to remain within the aforesaid premises who they knew or should have known had dangerous natures and propensity for rape, sexual assault, sexual abuse and sexual harassment towards the infant/student herein; in failing to remove this violent and dangerous student from said premises; in failing to remove those violent and dangerous infant- assailant IA from said premises prior to the occurrence herein; in failing to remove violent and dangerous infant-assailant IA from said premises in a timely manner and prior to rape, sexual assault, sexual abuse and sexual harassment of the infant-plaintiff herein; in failing to have and keep said premises and the immediate surrounding area safe for infant-plaintiff and others who were lawful students upon said premises and traversing thereat; in failing to investigate complaints of rape, sexual assault, sexual abuse and sexual harassment by the aforesaid dangerous student previously given to them; in failing to act on the complaints of the rape, sexual assault, sexual abuse and sexual harassment previously given to them; in failing to act on the complaints of potential rape, sexual assault, sexual abuse and sexual harassment as they were observed by the servants, agents and/or employees of defendants who witnessed the rape, sexual assault, sexual abuse and sexual harassment and/or were informed of same; in failing to call for more security to address the rape, sexual assault, sexual abuse and sexual harassment about 6 7 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 which they had actual and/or constructive notice; in failing to provide security, proper security or adequate security thereat; in failing to provide security guards and supervision in and around the aforesaid school premises, in particular aforesaid stairwell; in failing to supervise the infant/student and to provide security guards at aforesaid stairwell during recess time; in failing to provide a safe environment for their students, in particular the infant-plaintiff herein; in failing to provide security, proper security or adequate security to infant-plaintiff; in failing to provide adequate, sufficient and/or competent personnel to ensure against this occurrence; in failing to protect and come to the aid of the infant-plaintiff herein after they had received actual and/or constructive notice that said rape, sexual assault, sexual abuse and sexual harassment had commenced; in failing to provide the proper aid to the infant-plaintiff herein when she was injured and upon school premises; in failing to stop the rape, sexual assault, sexual abuse and sexual harassment on infant-plaintiff; in failing to timely stop the rape, sexual assault, sexual abuse and sexual harassment on infant-plaintiff; in failing to prevent the rape, sexual assault, sexual abuse and sexual harassment on infant-plaintiff and in otherwise being negligent, careless and reckless in the safety of the aforesaid premises and infant-plaintiffs and students herein although they had proper and timely actual and/or constructive notice of the violent intentions of the aforesaid infant-assailant IA-1 thereat. 34. By reason of the foregoing, infant plaintiff M.O. was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are believed to be permanent in nature and duration, and infant plaintiff will be permanently caused to suffer pain, inconvenience and other effects of such injuries; infant plaintiff incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and infant plaintiff will be unable to pursue infant plaintiff's usual duties with the same degree of efficiency as prior to this accident, all to infant plaintiff 's great damage. 7 8 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 35. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 36. Due to defendants' negligence, infant plaintiff is entitled to damages in a sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 37. Plaintiff EVETTE ORTIZ repeats and realleges each and every allegation contained in paragraphs numbered "1" through "36" of the Complaint as if fully set forth at length herein. 38. At all times herein mentioned, the plaintiff EVETTE ORTIZ was the mother and natural guardian of M.O., and as such, was entitled to the services, earnings, consortium and society of M.O. 39. As a result of this accident, plaintiff EVETTE ORTIZ lost the said services, earnings, consortium and society of M.O., and was caused to expend monies in the care and treatment of the injuries so sustained by M.O. 40. Due to defendants' tortious and/or wrongful conduct as herein alleged, plaintiff EVETTE ORTIZ is entitled to damages in a sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. WHEREFORE, the plaintiffs demand: a. judgment awarding damages on the first cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction; b. judgment awarding damages on the second cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction; c. interest, the costs and disbursements of this action, together with such other and further relief as to this Court seems just and proper. 8 9 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Dated: New York, New York April 19, 2024 ______________________________ By: Regina Koyfman LEAV & STEINBERG, L.L.P. Attorneys for Plaintiffs 75 Broad Street, Suite 1601 New York, New York 10004 (212) 766-5222 RK: am 9 10 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ________________________________________________X INDEX NO. M.O., Infant by her Mother and Natural Guardian EVETTE ORTIZ and EVETTE ORTIZ Individually, ATTORNEY'S Plaintiffs, VERIFICATION -against- THE CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF EDUCATION, Defendants. ________________________________________________X Regina Koyfman, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am a member of the firm of LEAV & STEINBERG, L.L.P., the attorneys of record for the plaintiffs. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiffs because they do not reside in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with said plaintiff, information contained in the said plaintiff’s file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York April 19, 2024 _____________________________________ By: Regina Koyfman LEAV & STEINBERG, LLP 10 11 of 12 FILED: QUEENS COUNTY CLERK 04/19/2024 11:00 AM INDEX NO. 708427/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No. ----------------------------------------------------------------- M.O., Infant by her Mother and Natural Guardian EVETTE ORTIZ and EVETTE ORTIZ Individually, Plaintiffs, -against- THE CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, Defendants. ----------------------------------------------------------------- ___________________________________________________ SUMMONS and VERIFIED COMPLAINT ___________________________________________________ LEAV & STEINBERG, L.L.P. Attorneys for Plaintiffs 75 Broad Street, Suite 1601 New York, New York 10004 (212) 766-5222 11 12 of 12