Preview
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
Exhibit B
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
In the Matter of the Claim of
C.V , a minor by his mother and natural guardian, CHARISMA RUSHM and CHARISMA
RUSHM, individually,
against
THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION THE BOARD
OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN
SCHOOL, and MONICA COOPER
To:
CITY OF NEW YORK NEW YORK CITY DEPT OF EDUCATION
100 Church Street 100 Church Street
New Yorl New York 10007 New York, New York 10007
BOARD OF EDUCATION OF THE CITY P.S. 132 AKA THE GARRET A. MORGAN
OF NEW YORK SCHOOL
110 Livingston Street 1245 Washington Avenue,
Brooklyn, New York Bronx, New York 10456
MONICA COOPER
c/o BOARD OF EDUCATION OF THE CITY
OF NEW YORK
PLEASE TAKE NOTICE that the undersigned claimants hereby make claims and demand
against OF NEW YORK, NEW YORK CITY DEPARTMENT
THE CITY OF EDUCATION, TRE
BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A.
MORGAN SCHOOL, and MONICA COOPER, as follows:
'
1. The name and post-offee address of each claimant and claimants attorney is:
C.V., and CHARISMA RUSHIN
1085 Washington Avenue, Apt. 8E
Bronx, NY 10456
ELEFTERAKIS, ELEFTERAKIS, PANEK
38*
80 Pine Street, Floor
New York, NY 10005
(212) 532-1116
2. The nature of the claim:
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
To recover money damages for personal injuries, pain and suffering, medical expenses, lost
wages, loss of services, and related damages incurred by and on behalf of Claimants, C.V. and
CFIARISMA RUSHIN, by reason of the negligence, carelessness, recklessness, culpable
conduct of THE OF NEW YORK, NEW YORK CITY DEPARTMENT
CITY OF EDUCATION,
THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET
A. MORGAN SCHOOL and MONICA COOPER.
3. The time when, the place where and the manner in which the claim arose:
WHEN: On or about November 6, 2023 at approximately 12:45 p.m.
WHERE: Inside of P.S. 132 a/lda The Garret A. Morgan School located at 1245 Washington
Avenue in the Bronx, State of New York. More specifically, in a pre-K4 classroom.
MANNER: At the time and place aforesaid, upon information and belief, Claimant, C.V., was
caused to sustain serious injuries when he was grabbed by the collar and pushed in the face by
a paraprofessional, Ms. Monica Cooper, during the course of her employment with, and while
under the supervision of, THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF
EDUCATION, THE BOARD OF EDUCATION OF THE CITY OF NEW YORK and P.S. 132
AKA THE GARRET A. MORGAN SCHOOL.
The accident occurred due to the careless, recklessness and negligence of THE CITY OF NEW
YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD OF EDUCATION
OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL, and
MONICA COOPER, in the ownership, operation and supervision of the aforesaid location and
the students therein; in the supervision of the student, C.V., at the time and place aforesaid; in
that the Respondents herein knew or should have known of the verbal abuse, physical abuse,
and/or threatening, being used at the aforesaid location; in allowing verbal abuse, physical
abuse, and/or threatening, to be used at the aforesaid location; in failing to prevent the subject
occurrence; in negligently, carelessly and recklessly hiring, supervising and training its
teachers, paraprofessionals, employees, agents and/or servants; in allowing its teachers,
paraprofessionals, employees, agents and/or servants, to be verbally abusive, physically
abusive, and/or threatening to C.V. and the students therein; in the manner in which the subject
incident was reported; in the manner in which it owned, operated, maintained, controlled,
inspected, supervised the aforementioned school, and supervised the students and student
activities on the aforesaid premises without the claimant in any way contributing thereto. THE
CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD
OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN
SCHOOL, and MONICA COOPER, was negligent, careless and reckless
in placing claimant
in a dangerous atmosphere; in placing claimant in a dangerous atmosphere with a knowingly
dangerous teacher and/or paraprofessional that had a history of violence; in failing to safeguard
students from violent behavior; in failing to safeguard students after an investigation was
conducted and the subject paraprofessional was found guilty; in failing to have proper
protocols, procedures and/or policies in place with regards to reporting abusive behavior at the
aforementioned location; in failing to implement policies, procedures, protocols and/or safety
checks to ensure the safety of the students thereat; in negligently retaining the subject
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
paraprofessional; in violating school safety regulations; in causing and allowing an attempted
assault and battery to occur at the aforementioned location; in causing and allowing emotional
and mental abuse to occur at the aforementioned location. (See email correspondence between
claimant Charisma Rushin and the superintendent attached herein.)
4. The items of damage or injuries claimed:
The claimant, C.V., sustained severe, permanent, serious physical internal and external
injuries to the whole body, lower and upper limbs, the full extent of which are unknown,
permanent physical pain and mental anguish, loss of quality of life, future pain and suffering,
future medical bills, future diminution of income, compensatory damages, punitive damages
and property damage.
The claimant, CHARISMA RUSHIN, suffered damages by reason of loss of services.
TOTAL AMOUNT CLAIMED:
For Bodily Injuries: Five Million Dollars ($5,000,000.00)
For Loss of Services: Two Million Dollars ($2,000,000.00)
Punitive Damages: Ten Million Dollars ($10,000,000.00)
The undersigned claimants therefore present these claims for adjustment and payment. You
are hereby notified that unless said claims are adjusted and paid within the time provided by law
from the date of presentation to you, the claimants intend to commence an action on these claims.
As you are now formally put on notice of these claims, please search for and preserve all
evidence pertaining to the above referenced accident/incident at the above referenced location;
including but not limited to any and all videos, accident/incident reports, witness statements,
dispatch, radio and/or audio transmissions, and/or any documentation regarding the investigation
of said incident.
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
Please allow this to serve as a (ormal demand (or any and all videos or other media,
incident reports, accident reports, etc., regarding said incident to be exchanged before
conducting any deposition, examination, or hearing of the claimant, including pursuant to
GeneralMunicipalLaw 50-H.
Dated: New York, New York
April 16, 2024
Resp tfully submitted,
Nic olas Ele erakis, Esq., on
beh If of aimants
Elefterakis, Elefteraki & Panek
Attorneys for
Claimants
38 l¹
80 Pine Street, Floor
New York, New York 10005
(212) 532-1116
Sworn to before me on this
16*
day of Ap 4
PUBL
JANICE O. RODRIGUEZ
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 RO6301849
Q ualified in Richmond County
My Commission Expires 04-28-2026
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
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FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
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FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
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FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
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FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
)
COUNTY OF NEW YORK ) SS:
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
and an associate of the law firm of Elefterakis, Elefterakis, & Panek attorneys of record for the
claimant herein, affirms:
That he has read the attached NOTICE OF CLAIM and the same is tluc. to his own
knowledge, except as to the matters alleged on information and belief, and as to those matters, he
believes them to be true to the best of his knowledge.
That affirmant's sources of information arc facts as ascertained from claimant, upon
investigation and files maintained in your affirmant's law office.
That this verification is made by your affinnant due to the fact that claimant does not
presently reside within the county in which your affirmant maintains his law office, or is presently
outside the county in which your affirmant maintains his law office.
The undersigned affirms that the foregoing statements are true, under penalties of perjury.
Dated: New York, New York
April 16, 2024
Nichplas Elefter is, Esq.
Sworn to before me on this
16*
day of April, 2024
IC JANICE Q. R00R@M
OF NEW YORK
N TAtly PUBUc-STATE
No. 01 RO6301849
Qgupty
Quntifled in Richmond
Explrep04-26-2Q@8
Commission
) y
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
IN THE MATTER OF THE CLAIM OF
C.V., a minor by his parents and natural guardians, CHARISMA RUSH1N
and CHARISMA RUSHIN individually,
-AGAINST -
THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD
OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN
SCHOOL and MONICA COOPER
NOTICE OF CLAIM
ELEFTERAKIS, ELEFTERAKIS & PANEK
Attorneys for Plaintiff(s)
385
80 Pine Street, Floor
New York, New York 10005
(212) 532-1116
To
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE that the within is a true copy of an Order signed by
the Honorable
that was entered in the office of the clerk of the within named Court on
NOTICE OF ENTRY
______________________-_____________________________________________________________
that an Order of which the within is a true copy will be presented for settlement to the
, one of the judges of the within named Court for signature
on
NOTICE OF SETTLEMENT
ELEFTERAKIS, ELEFTERAKIS & PANEK
Attorneys for Plaintiff(s)
38*
80 Pine Street, Floor
New York, New York 10005
(212) 532-1116
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
Exhibit C
Preview
FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 Exhibit B FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 In the Matter of the Claim of C.V , a minor by his mother and natural guardian, CHARISMA RUSHM and CHARISMA RUSHM, individually, against THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL, and MONICA COOPER To: CITY OF NEW YORK NEW YORK CITY DEPT OF EDUCATION 100 Church Street 100 Church Street New Yorl New York 10007 New York, New York 10007 BOARD OF EDUCATION OF THE CITY P.S. 132 AKA THE GARRET A. MORGAN OF NEW YORK SCHOOL 110 Livingston Street 1245 Washington Avenue, Brooklyn, New York Bronx, New York 10456 MONICA COOPER c/o BOARD OF EDUCATION OF THE CITY OF NEW YORK PLEASE TAKE NOTICE that the undersigned claimants hereby make claims and demand against OF NEW YORK, NEW YORK CITY DEPARTMENT THE CITY OF EDUCATION, TRE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL, and MONICA COOPER, as follows: ' 1. The name and post-offee address of each claimant and claimants attorney is: C.V., and CHARISMA RUSHIN 1085 Washington Avenue, Apt. 8E Bronx, NY 10456 ELEFTERAKIS, ELEFTERAKIS, PANEK 38* 80 Pine Street, Floor New York, NY 10005 (212) 532-1116 2. The nature of the claim: FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 To recover money damages for personal injuries, pain and suffering, medical expenses, lost wages, loss of services, and related damages incurred by and on behalf of Claimants, C.V. and CFIARISMA RUSHIN, by reason of the negligence, carelessness, recklessness, culpable conduct of THE OF NEW YORK, NEW YORK CITY DEPARTMENT CITY OF EDUCATION, THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL and MONICA COOPER. 3. The time when, the place where and the manner in which the claim arose: WHEN: On or about November 6, 2023 at approximately 12:45 p.m. WHERE: Inside of P.S. 132 a/lda The Garret A. Morgan School located at 1245 Washington Avenue in the Bronx, State of New York. More specifically, in a pre-K4 classroom. MANNER: At the time and place aforesaid, upon information and belief, Claimant, C.V., was caused to sustain serious injuries when he was grabbed by the collar and pushed in the face by a paraprofessional, Ms. Monica Cooper, during the course of her employment with, and while under the supervision of, THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD OF EDUCATION OF THE CITY OF NEW YORK and P.S. 132 AKA THE GARRET A. MORGAN SCHOOL. The accident occurred due to the careless, recklessness and negligence of THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL, and MONICA COOPER, in the ownership, operation and supervision of the aforesaid location and the students therein; in the supervision of the student, C.V., at the time and place aforesaid; in that the Respondents herein knew or should have known of the verbal abuse, physical abuse, and/or threatening, being used at the aforesaid location; in allowing verbal abuse, physical abuse, and/or threatening, to be used at the aforesaid location; in failing to prevent the subject occurrence; in negligently, carelessly and recklessly hiring, supervising and training its teachers, paraprofessionals, employees, agents and/or servants; in allowing its teachers, paraprofessionals, employees, agents and/or servants, to be verbally abusive, physically abusive, and/or threatening to C.V. and the students therein; in the manner in which the subject incident was reported; in the manner in which it owned, operated, maintained, controlled, inspected, supervised the aforementioned school, and supervised the students and student activities on the aforesaid premises without the claimant in any way contributing thereto. THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL, and MONICA COOPER, was negligent, careless and reckless in placing claimant in a dangerous atmosphere; in placing claimant in a dangerous atmosphere with a knowingly dangerous teacher and/or paraprofessional that had a history of violence; in failing to safeguard students from violent behavior; in failing to safeguard students after an investigation was conducted and the subject paraprofessional was found guilty; in failing to have proper protocols, procedures and/or policies in place with regards to reporting abusive behavior at the aforementioned location; in failing to implement policies, procedures, protocols and/or safety checks to ensure the safety of the students thereat; in negligently retaining the subject FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 paraprofessional; in violating school safety regulations; in causing and allowing an attempted assault and battery to occur at the aforementioned location; in causing and allowing emotional and mental abuse to occur at the aforementioned location. (See email correspondence between claimant Charisma Rushin and the superintendent attached herein.) 4. The items of damage or injuries claimed: The claimant, C.V., sustained severe, permanent, serious physical internal and external injuries to the whole body, lower and upper limbs, the full extent of which are unknown, permanent physical pain and mental anguish, loss of quality of life, future pain and suffering, future medical bills, future diminution of income, compensatory damages, punitive damages and property damage. The claimant, CHARISMA RUSHIN, suffered damages by reason of loss of services. TOTAL AMOUNT CLAIMED: For Bodily Injuries: Five Million Dollars ($5,000,000.00) For Loss of Services: Two Million Dollars ($2,000,000.00) Punitive Damages: Ten Million Dollars ($10,000,000.00) The undersigned claimants therefore present these claims for adjustment and payment. You are hereby notified that unless said claims are adjusted and paid within the time provided by law from the date of presentation to you, the claimants intend to commence an action on these claims. As you are now formally put on notice of these claims, please search for and preserve all evidence pertaining to the above referenced accident/incident at the above referenced location; including but not limited to any and all videos, accident/incident reports, witness statements, dispatch, radio and/or audio transmissions, and/or any documentation regarding the investigation of said incident. FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 Please allow this to serve as a (ormal demand (or any and all videos or other media, incident reports, accident reports, etc., regarding said incident to be exchanged before conducting any deposition, examination, or hearing of the claimant, including pursuant to GeneralMunicipalLaw 50-H. Dated: New York, New York April 16, 2024 Resp tfully submitted, Nic olas Ele erakis, Esq., on beh If of aimants Elefterakis, Elefteraki & Panek Attorneys for Claimants 38 l¹ 80 Pine Street, Floor New York, New York 10005 (212) 532-1116 Sworn to before me on this 16* day of Ap 4 PUBL JANICE O. RODRIGUEZ NOTARY PUBLIC-STATE OF NEW YORK No. 01 RO6301849 Q ualified in Richmond County My Commission Expires 04-28-2026 FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 " a . .. . . . T I . P · - . . a " " FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 b e . I e . . I - . . o - y t t . FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 ev " " e. " 9 n FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 ' J..* f ft .t g ( (1,. f . . FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of the State of New York, and an associate of the law firm of Elefterakis, Elefterakis, & Panek attorneys of record for the claimant herein, affirms: That he has read the attached NOTICE OF CLAIM and the same is tluc. to his own knowledge, except as to the matters alleged on information and belief, and as to those matters, he believes them to be true to the best of his knowledge. That affirmant's sources of information arc facts as ascertained from claimant, upon investigation and files maintained in your affirmant's law office. That this verification is made by your affinnant due to the fact that claimant does not presently reside within the county in which your affirmant maintains his law office, or is presently outside the county in which your affirmant maintains his law office. The undersigned affirms that the foregoing statements are true, under penalties of perjury. Dated: New York, New York April 16, 2024 Nichplas Elefter is, Esq. Sworn to before me on this 16* day of April, 2024 IC JANICE Q. R00R@M OF NEW YORK N TAtly PUBUc-STATE No. 01 RO6301849 Qgupty Quntifled in Richmond Explrep04-26-2Q@8 Commission ) y FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 IN THE MATTER OF THE CLAIM OF C.V., a minor by his parents and natural guardians, CHARISMA RUSH1N and CHARISMA RUSHIN individually, -AGAINST - THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, P.S. 132 AKA THE GARRET A. MORGAN SCHOOL and MONICA COOPER NOTICE OF CLAIM ELEFTERAKIS, ELEFTERAKIS & PANEK Attorneys for Plaintiff(s) 385 80 Pine Street, Floor New York, New York 10005 (212) 532-1116 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE that the within is a true copy of an Order signed by the Honorable that was entered in the office of the clerk of the within named Court on NOTICE OF ENTRY ______________________-_____________________________________________________________ that an Order of which the within is a true copy will be presented for settlement to the , one of the judges of the within named Court for signature on NOTICE OF SETTLEMENT ELEFTERAKIS, ELEFTERAKIS & PANEK Attorneys for Plaintiff(s) 38* 80 Pine Street, Floor New York, New York 10005 (212) 532-1116 FILED: BRONX COUNTY CLERK 04/18/2024 01:10 AM INDEX NO. 806398/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 Exhibit C