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INDEX NO. E183183/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
JULIE BARNARD-GRIFFIN, Individually and as
Parent and Natural Guardian of
O.G., an Infant,
6562 Royal Parkway South
Lockport, NY 14094
Plaintiffs, SUMMONS
-VS.- Index No.:
SWEET ANGELS DAYCARE
OF NEWFANE, INC.
6115 First Street
Newfane, NY 14108
VICTORIA STANTON, Employee
6115 First Street
Newfane, NY 14108
KARON ANTERLINE, Employee
6115 First Street
Newfane, NY 14108
ALEXIS CLEVELEY, Employee
6115 First Street
Newfane, NY 14108
MAGDALYNN TIBBETTS, Employee
6115 First Street
Newfane, NY 14108
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
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 a Summons, to serve a Notice of
Appearance on the Plaintiff’s attorney(s) within 20 days after the service of this Summons,
exclusive of the day of service, or within 30 days after completion of service where service is
made in any other manner than by personal delivery within the State. In case of your failure to
appear or answer, judgment may be taken against you by default for the relief demanded in the
Complaint.
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Niagara County is designated as the place of trial on the basis of Plaintiff’s residence.
DATED: Buffalo, New York
April 19, 2024 /s/ Rich Hall
Rich Hall, Esq.
Andrew Gill, Esq.
Cantor, Wolff, Nicastro & Hall
Attorney for Plaintiffs
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
JULIE BARNARD-GRIFFIN, Individually and as
Parent and Natural Guardian of
O.G., an Infant,
Plaintiffs, COMPLA
Index No
-VS.-
SWEET ANGELS DAYCARE
OF NEWFANE, INC.,
VICTORIA STANTON, Employee
KARON ANTERLINE, Employee
ALEXIS CLEVELEY, Employee
MAGDALYNN TIBBETTS, Employee
Defendants.
Plaintiff, by and through her attorneys, Cantor Wolff Nicastro & Hall, for her Complaint
against the Defendants, alleges as follows:
1 Plaintiff, JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural
Guardian of O.G., an Infant, were and still are residents of the County of Niagara and State of
New York.
2 Upon information and belief, at all times herein mentioned and from the day the
subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until
the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the Defendant SWEET ANGELS DAYCARE OF NEWFANE,
INC., was a domestic corporation licensed and authorized to do business in the State of New York
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and maintains an office for the transaction of business located within the County of Niagara and
State of New York.
3 Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the Defendant, SWEET ANGELS DAYCARE OF NEWFANE,
INC., operated, maintained and managed and supervised a daycare center located at 6115 First
Street, Newfane, NY 14108.
4 Upon information and belief, at all times herein, Defendant VICTORIA
STANTON, was and still is a resident of the County of Niagara and State of New York.
5 Upon information and belief, at all times herein, Defendant KARON
ANTERLINE, was and still is a resident of the County of Niagara and State of New York.
6. At all times herein mentioned and from the day the subject infant Plaintiff was
enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant
Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more
specifically from up to and including January 1, 2022 through and including December 31, 2023,
Defendant VICTORIA STANTON was employed by Defendant SWEET ANGELS DAYCARE
OF NEWFANE, INC.
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At all times herein mentioned and from the day the subject infant Plaintiff was
enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant
Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more
specifically from up to and including January 1, 2022 through and including December 31, 2023,,
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Defendant KARON ANTERLINE was employed by Defendant SWEET ANGELS DAYCARE
OF NEWFANE, INC.
8 From January 1, 2022 through and including December 31, 2023, the infant was
an invitee to the defendant’s daycare center, and therefore, under the custody, control and
direction of defendant, its agents, servants and employees.
9 Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the infant Plaintiff, O.G., was enrolled as an attendee in daycare at
the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., located at 6115 First Street,
Newfane, NY 14108.
10. Upon information and belief, during the regular, customary daycare center hours
of each day, at the aforesaid daycare, the Defendant SWEET ANGELS DAYCARE OF
NEWFANE, INC., had full supervision, care, custody and control of the attendees.
ll. Upon information and belief, at all times hereinafter mentioned, the infant
Plaintiff, O.G., was under full supervision, care and custody of the Defendant, SWEET ANGELS
DAYCARE OF NEWFANE, INC., its agents, servants and/or employees.
12. Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of
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Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and/or
employees.
AS AN FOR A FIRST CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT, SWEET ANGELS DAYCARE
OF NEWEFANE, INC.:
13, The plaintiff repeats and restates the allegations contained in the foregoing
paragraphs of this Complaint.
14. That from January 1, 2022 through and including December 31, 2023 while under
the care, supervision, custody and control of Defendant, SWEET ANGELS DAYCARE OF
NEWEANE, INC., its agents, servants and/or employees, the infant Plaintiff, O.G., was caused to
suffer harm due to the negligence of the Defendant, SWEET ANGELS DAYCARE OF
NEWFANE, INC., its agents, servants and/or employees, in among other things, failing to
properly supervise the infant Plaintiff; failing to properly staff the daycare, failing to properly
provide fully appropriate, competent and qualified staff to supervise the infant Plaintiff; failing to
provide adequate guardianship; failing to provide sufficient and proper protection and safeguards
for the children lawfully under its custody and control; failing to properly ensure the infant
Plaintiff’s safety while under the care, custody, supervision and control of the Defendant's
employees, agents and/or servants and on the Defendant’s premises; and in failing to properly and
timely notify the infant Plaintiff's parent and the proper reporting authorities following the
incident and that they defendant was otherwise negligent in the premises.
15. Upon information and belief, the defendant actually knew of the aforesaid unsafe
conditions, that the said conditions were in existence for a sufficient period of time, nevertheless,
the defendant failed and omitted to take any steps with respect to the safety of those in its care,
and in particular, the infant herein.
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16. That the infant was caused to sustain severe personal injuries as a direct result of
the negligence, carelessness, recklessness and other culpable conduct of Defendant SWEET
ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and employees.
17. That upon investigation, Defendant SWEET ANGELS DAYCARE OF
NEWFANE, INC. was further found to have harmed the infant Plaintiff, O.G., as defined
pursuant to §422 of the Social Services Law.
18. That the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., its
agents, servants and/or employees’ conduct wantonly and recklessly caused the infant Plaintiff
injury and emotional distress and was so reckless and wantonly negligent as to be the equivalent
of a conscious disregard of the rights of the infant. Defendant had a conscious indifference and
utter disrespect of its effect upon the health, safety and rights of the Plaintiff.
19. That the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC. acted
with a reckless and wanton disregard and indifference for the public safety, including the health
and welfare of the infant Plaintiff and is therefore liable for punitive damages.
20. That the aforesaid occurrence was caused solely and wholly by the negligence of
the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC. without any negligence on
the part of the Plaintiffs contributing thereto.
21. That as a result of the aforementioned actions and/or omissions of the Defendant
SWEET ANGELS DAYCARE OF NEWFANE, INC., the infant Plaintiff, O.G., has been caused
to suffer pain and suffering and/or permanent and/or progressive injuries and punitive damages,
in an amount that exceeds the jurisdictional limits of all lower courts.
22. As a result of the aforementioned negligence of the Defendant SWEET ANGELS
DAYCARE OF NEWFANE, INC. in causing the injuries to the infant Plaintiff, O.G., the
Plaintiff, JULIE BARNARD-GRIFFIN, lost the comfort, pleasure and loss of services of her
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infant daughter, O.G., and has suffered mental anguish and/or anxiety as a result of her daughter’s
suffering.
23. That this action comes under one or more of the exceptions contained in CPLR
Article 16.
24. Upon information and belief, the amount of damages sought by Plaintiff against
the Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC. in this action exceeds the
jurisdictional limits of all lower courts, which would otherwise have jurisdiction.
AS AN FOR A SECOND CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT SWEET ANGELS DAYCARE
OF NEWFANE, INC.:
25. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
26. That upon information and belief, defendant, its agents, servants and employees,
was responsible for the safety and well-being of the children enrolled in its day care center.
27. That the defendants, its agents, servants and employees were negligent and
careless in failing to properly supervise, maintain, operate and control the premises in question;
and that it failed to properly supervise the infant; in that it failed to provide sufficient and proper
protection and safeguards for the children lawfully under its custody and control; and that it failed
to properly supervise the infant in his activities; and that it failed to have competent, skillful and
experienced employees as supervisors and counselors; in that it failed to have a sufficient number
of individuals present to properly care for and supervise the group in question; and that the
agents, servants and employees so employed were incompetent, unskillful and inexperienced, and
that this defendant was otherwise negligent in the premises.
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28. The aforesaid incident, and the injuries sustained by the infant herein occurred
solely as a result of the negligence of defendant, its agents, servants and employees, without any
negligence attributable in any measure to the plaintiff or the infant herein.
29. As a result of the foregoing, plaintiff and the infant herein have been damaged in a
sum which is in excess of the jurisdictional limits of all lower courts which would otherwise have
jurisdiction of this action.
AS AN FOR A THIRD CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT SWEET ANGELS DAYCARE
OF NEWEANE, INC.:
Breach of Fiduciary Duty
30. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
31. That as a result of the infant being in the custody of the defendant, its agents,
servants and employees, the defendant, its agents, servants and employees were in loco parentis,
and thus, had a duty to keep the infant from harm.
32. That by allowing the infant, and others similarly situated, to participate in conduct
known to be dangerous, defendant, its agents, servants and employees breached its duty to the
infant and to the plaintiff herein.
33. That the defendants, its agents, servants and employees were negligent and
careless in failing to properly supervise, maintain, operate and control the premises in question;
and that it failed to properly supervise the infant; in that it failed to provide sufficient and proper
protection and safeguards for the children lawfully under its custody and control; and that it failed
to properly supervise the infant in his activities; and that it failed to have competent, skillful and
experienced employees as supervisors and counselors; in that it failed to have a sufficient number
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of individuals present to properly care for and supervise the group in question; and that the
agents, servants and employees so employed were incompetent, unskillful and inexperienced, and
that this defendant was otherwise negligent in the premises.
34, The aforesaid incident, and the injuries sustained by the infant herein occurred
solely as a result of the negligence of defendant, its agents, servants and employees, without any
negligence attributable in any measure to the plaintiff or the infant herein.
35. As a result of the foregoing, plaintiff and the infant herein have been damaged in a
sum which is in excess of the jurisdictional limits of all lower courts which would otherwise have
jurisdiction of this action.
AS AN FOR A THIRD CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIEFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT, VICTORIA STANTON:
36. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
37. Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of
Defendant VICTORIA STANTON, acting as an agent, servant and/or employee of SWEET
ANGELS DAYCARE OF NEWFANE, INC.
38. It was under these circumstances that infant Plaintiff, O.G. came to be under the
direction and control of Defendant VICTORIA STANTON who used her position of authority
and trust over plaintiff to harm and had unpermitted contact with infant.
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39. Upon information and belief, specifically from January 1, 2022 through and
including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the
Defendant, VICTORIA STANTON, at SWEET ANGELS DAYCARE OF NEWFANE, INC.,
resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”)
40. Defendant VICTORIA STANTON owed infant Plaintiff, O.G., a duty of
reasonable care to protect the Plaintiff from injury.
41. Defendant VICTORIA STANTON owed infant Plaintiff, O.G. a duty of
reasonable care to protect the infant Plaintiff, O.G. from injury. Defendant VICTORIA
STANTON, breached these duties of care.
42. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of
the Defendant, VICTORIA STANTON’: actions.
43. Upon information and belief, infant Plaintiff, O.G. did in no way, through their
own conduct or otherwise, cause or contribute to their injuries and damages.
44. Solely as a result of the negligence, carelessness, and/or recklessness of the
defendant, VICTORIA STANTON, infant Plaintiff, O.G. was caused to sustain physical,
psychological, or other injuries or conditions, pain and suffering from their injuries and upon
information and belief, will continue to sustain physical, psychological, or other injuries or
conditions, pain and suffering from their injuries in the future.
45. As a result of the negligence, fault and/or lack of care of the defendant, and as a
result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon
information and belief, will continue to incur medical expenses in the future.
46. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
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AS AN FOR A FOURTH CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT, KARON ANTERLINE:
47. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
48. Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWEFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of
Defendant KARON ANTERLINE, acting as an agent, servant and/or employee of SWEET
ANGELS DAYCARE OF NEWFANE, INC.
49. It was under these circumstances that infant Plaintiff, O.G. came to be under the
direction and control of Defendant KARON ANTERLINE who used her position of authority and
trust over plaintiff to harm and had unpermitted contact with infant.
50. Upon information and belief, specifically from January 1, 2022 through and
including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the
Defendant, KARON ANTERLINE, at SWEET ANGELS DAYCARE OF NEWFANE, INC.,
resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”)
51. Defendant KARON ANTERLINE owed infant Plaintiff, O.G., a duty of
reasonable care to protect the Plaintiff from injury.
52. Defendant KARON ANTERLINE owed infant Plaintiff, O.G. a duty of
reasonable care to protect the infant Plaintiff, O.G from injury. Defendant KARON
ANTERLINE, breached these duties of care.
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53. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of
the Defendant, KARON ANTERLINE’s actions.
54. Upon information and belief, infant Plaintiff, O.G. did in no way, through their
own conduct or otherwise, cause or contribute to their injuries and damages.
55. Solely as a result of the negligence, carelessness, and/or recklessness of the
defendant, KARON ANTERLINE, infant Plaintiff, O.G. was caused to sustain physical,
psychological, or other injuries or conditions, pain and suffering from their injuries and upon
information and belief, will continue to sustain physical, psychological, or other injuries or
conditions, pain and suffering from their injuries in the future.
56. As a result of the negligence, fault and/or lack of care of the defendant, and as a
result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon
information and belief, will continue to incur medical expenses in the future.
57. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AN FOR A FIFTH CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT, ALEXIS CLEVELEY:
58. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
59. Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of
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Defendant ALEXIS CLEVELEY, acting as an agent, servant and/or employee of SWEET
ANGELS DAYCARE OF NEWFANE, INC.
60. It was under these circumstances that infant Plaintiff, O.G. came to be under the
direction and control of Defendant ALEXIS CLEVELEY who used her position of authority and
trust over plaintiff to harm and had unpermitted contact with infant.
61. Upon information and belief, specifically from January 1, 2022 through and
including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the
Defendant, ALEXIS CLEVELEY, at SWEET ANGELS DAYCARE OF NEWFANE, INC.,
resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”)
62. Defendant ALEXIS CLEVELEY owed infant Plaintiff, O.G., a duty of reasonable
care to protect the Plaintiff from injury.
63. Defendant ALEXIS CLEVELEY owed infant Plaintiff, O.G. a duty of reasonable
care to protect the infant Plaintiff, O.G. from injury. Defendant ALEXIS CLEVELEY, breached
these duties of care.
64. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of
the Defendant, ALEXIS CLEVELEY’S actions.
65. Upon information and belief, infant Plaintiff, O.G. did in no way, through their
own conduct or otherwise, cause or contribute to their injuries and damages.
66. Solely as a result of the negligence, carelessness, and/or recklessness of the
defendant, ALEXIS CLEVELEY, infant Plaintiff, O.G. was caused to sustain physical,
psychological, or other injuries or conditions, pain and suffering from their injuries and upon
information and belief, will continue to sustain physical, psychological, or other injuries or
conditions, pain and suffering from their injuries in the future.
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67. As a result of the negligence, fault and/or lack of care of the defendant, and as a
result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon
information and belief, will continue to incur medical expenses in the future.
68. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AN FOR A SIXTH CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an
Infant, AGAINST THE DEFENDANT, MAGDALYNN TIBBETTS:
69. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
70. Upon information and belief, at all times hereinafter mentioned and from the day
the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC.
until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF
NEWFANE, INC., more specifically from up to and including January 1, 2022 through and
including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of
Defendant MAGDALYNN TIBBETTS, acting as an agent, servant and/or employee of SWEET
ANGELS DAYCARE OF NEWFANE, INC.
71. It was under these circumstances that infant Plaintiff, O.G. came to be under the
direction and control of Defendant MAGDALYNN TIBBETTS who used her position of
authority and trust over plaintiff to harm and had unpermitted contact with infant.
72. Upon information and belief, specifically from January 1, 2022 through and
including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the
Defendant, MAGDALYNN TIBBETTS, at SWEET ANGELS DAYCARE OF NEWFANE,
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INC., resulting in serious, painful, and permanent injuries. (Hereinafter described as “the
incident.”)
73. Defendant MAGDALYNN TIBBETTS owed infant Plaintiff, O.G., a duty of
reasonable care to protect the Plaintiff from injury.
74. Defendant MAGDALYNN TIBBETTS owed infant Plaintiff, O.G. a duty of
reasonable care to protect the infant Plaintiff, O.G. from injury. Defendant MAGDALYNN
TIBBETTS, breached these duties of care.
75. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of
the Defendant, MAGDALYNN TIBBETTS’s actions.
76. Upon information and belief, infant Plaintiff, O.G. did in no way, through their
own conduct or otherwise, cause or contribute to their injuries and damages.
77. Solely as a result of the negligence, carelessness, and/or recklessness of the
defendant, MAGDALYNN TIBBETTS, infant Plaintiff, O.G. was caused to sustain physical,
psychological, or other injuries or conditions, pain and suffering from their injuries and upon
information and belief, will continue to sustain physical, psychological, or other injuries or
conditions, pain and suffering from their injuries in the future.
78. As a result of the negligence, fault and/or lack of care of the defendant, and as a
result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon
information and belief, will continue to incur medical expenses in the future.
79. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AN FOR A SEVENTH CAUSE OF ACTION ON BEHALF OF JULIE
BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant
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80. Plaintiff repeats and realleges each and every allegation contained in paragraphs
set forth in the above Complaint as if fully set forth at length herein.
81. That at all times hereinafter mentioned, and prior thereto, plaintiff, is the parent
and natural guardian of the infant herein.
82. Solely by reason of the foregoing, plaintiff, as parent and natural guardian of the
infant herein has been deprived of the society and companionship of her daughter, the infant
herein.
83. That solely by reason of the foregoing, plaintiff, as parent and natural guardian of
the infant herein has suffered a direct economic hardship by virtue of the infant's severe injuries
occasioned by the negligent conduct and/or omissions of the defendants, and, in all likelihood,
will continue to suffer such economic hardship in the future.
84. That solely by reason of the foregoing, the plaintiff has been obligated to incur
expenses, and has become obligated for medical aid and attention, hospitalization and medical
care, in an effort to remedy her daughter's severe injuries, and the plaintiff believes that in the
future she will be further obligated to expend monies as a result thereof.
85. As a result of the foregoing, plaintiff has been damaged in a sum which is in
excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction of
this action.
WHEREFORE, the Plaintiff, JULIE BARNARD-GRIFFIN, Individually and as Parent
and Natural Guardian of O.G., an Infant, demands judgment against the Defendants for
compensatory damages, and in addition, for punitive damages, in an amount that exceeds the
jurisdictional limits of all lower courts, together with the costs and disbursements of this action.
DATED: Buffalo, New York
April 19, 2024 /s/ Rich Hall
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Rich Hall, Esq.
Andrew Gill, Esq.
Cantor, Wolff, Nicastro & Hall
Attorney for Plaintiffs
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
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INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, 6562 Royal Parkway South Lockport, NY 14094 Plaintiffs, SUMMONS -VS.- Index No.: SWEET ANGELS DAYCARE OF NEWFANE, INC. 6115 First Street Newfane, NY 14108 VICTORIA STANTON, Employee 6115 First Street Newfane, NY 14108 KARON ANTERLINE, Employee 6115 First Street Newfane, NY 14108 ALEXIS CLEVELEY, Employee 6115 First Street Newfane, NY 14108 MAGDALYNN TIBBETTS, Employee 6115 First Street Newfane, NY 14108 Defendants. TO THE ABOVE NAMED DEFENDANT(S): 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 a Summons, to serve a Notice of Appearance on the Plaintiff’s attorney(s) within 20 days after the service of this Summons, exclusive of the day of service, or within 30 days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or answer, judgment may be taken against you by default for the relief demanded in the Complaint. 1 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Niagara County is designated as the place of trial on the basis of Plaintiff’s residence. DATED: Buffalo, New York April 19, 2024 /s/ Rich Hall Rich Hall, Esq. Andrew Gill, Esq. Cantor, Wolff, Nicastro & Hall Attorney for Plaintiffs 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 2 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, Plaintiffs, COMPLA Index No -VS.- SWEET ANGELS DAYCARE OF NEWFANE, INC., VICTORIA STANTON, Employee KARON ANTERLINE, Employee ALEXIS CLEVELEY, Employee MAGDALYNN TIBBETTS, Employee Defendants. Plaintiff, by and through her attorneys, Cantor Wolff Nicastro & Hall, for her Complaint against the Defendants, alleges as follows: 1 Plaintiff, JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, were and still are residents of the County of Niagara and State of New York. 2 Upon information and belief, at all times herein mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC., was a domestic corporation licensed and authorized to do business in the State of New York 3 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 and maintains an office for the transaction of business located within the County of Niagara and State of New York. 3 Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., operated, maintained and managed and supervised a daycare center located at 6115 First Street, Newfane, NY 14108. 4 Upon information and belief, at all times herein, Defendant VICTORIA STANTON, was and still is a resident of the County of Niagara and State of New York. 5 Upon information and belief, at all times herein, Defendant KARON ANTERLINE, was and still is a resident of the County of Niagara and State of New York. 6. At all times herein mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, Defendant VICTORIA STANTON was employed by Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC. 7 At all times herein mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023,, 4 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Defendant KARON ANTERLINE was employed by Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC. 8 From January 1, 2022 through and including December 31, 2023, the infant was an invitee to the defendant’s daycare center, and therefore, under the custody, control and direction of defendant, its agents, servants and employees. 9 Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the infant Plaintiff, O.G., was enrolled as an attendee in daycare at the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., located at 6115 First Street, Newfane, NY 14108. 10. Upon information and belief, during the regular, customary daycare center hours of each day, at the aforesaid daycare, the Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC., had full supervision, care, custody and control of the attendees. ll. Upon information and belief, at all times hereinafter mentioned, the infant Plaintiff, O.G., was under full supervision, care and custody of the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and/or employees. 12. Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of 5 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and/or employees. AS AN FOR A FIRST CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT, SWEET ANGELS DAYCARE OF NEWEFANE, INC.: 13, The plaintiff repeats and restates the allegations contained in the foregoing paragraphs of this Complaint. 14. That from January 1, 2022 through and including December 31, 2023 while under the care, supervision, custody and control of Defendant, SWEET ANGELS DAYCARE OF NEWEANE, INC., its agents, servants and/or employees, the infant Plaintiff, O.G., was caused to suffer harm due to the negligence of the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and/or employees, in among other things, failing to properly supervise the infant Plaintiff; failing to properly staff the daycare, failing to properly provide fully appropriate, competent and qualified staff to supervise the infant Plaintiff; failing to provide adequate guardianship; failing to provide sufficient and proper protection and safeguards for the children lawfully under its custody and control; failing to properly ensure the infant Plaintiff’s safety while under the care, custody, supervision and control of the Defendant's employees, agents and/or servants and on the Defendant’s premises; and in failing to properly and timely notify the infant Plaintiff's parent and the proper reporting authorities following the incident and that they defendant was otherwise negligent in the premises. 15. Upon information and belief, the defendant actually knew of the aforesaid unsafe conditions, that the said conditions were in existence for a sufficient period of time, nevertheless, the defendant failed and omitted to take any steps with respect to the safety of those in its care, and in particular, the infant herein. 6 6 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 16. That the infant was caused to sustain severe personal injuries as a direct result of the negligence, carelessness, recklessness and other culpable conduct of Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and employees. 17. That upon investigation, Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC. was further found to have harmed the infant Plaintiff, O.G., as defined pursuant to §422 of the Social Services Law. 18. That the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC., its agents, servants and/or employees’ conduct wantonly and recklessly caused the infant Plaintiff injury and emotional distress and was so reckless and wantonly negligent as to be the equivalent of a conscious disregard of the rights of the infant. Defendant had a conscious indifference and utter disrespect of its effect upon the health, safety and rights of the Plaintiff. 19. That the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC. acted with a reckless and wanton disregard and indifference for the public safety, including the health and welfare of the infant Plaintiff and is therefore liable for punitive damages. 20. That the aforesaid occurrence was caused solely and wholly by the negligence of the Defendant, SWEET ANGELS DAYCARE OF NEWFANE, INC. without any negligence on the part of the Plaintiffs contributing thereto. 21. That as a result of the aforementioned actions and/or omissions of the Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC., the infant Plaintiff, O.G., has been caused to suffer pain and suffering and/or permanent and/or progressive injuries and punitive damages, in an amount that exceeds the jurisdictional limits of all lower courts. 22. As a result of the aforementioned negligence of the Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC. in causing the injuries to the infant Plaintiff, O.G., the Plaintiff, JULIE BARNARD-GRIFFIN, lost the comfort, pleasure and loss of services of her 7 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 infant daughter, O.G., and has suffered mental anguish and/or anxiety as a result of her daughter’s suffering. 23. That this action comes under one or more of the exceptions contained in CPLR Article 16. 24. Upon information and belief, the amount of damages sought by Plaintiff against the Defendant SWEET ANGELS DAYCARE OF NEWFANE, INC. in this action exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction. AS AN FOR A SECOND CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT SWEET ANGELS DAYCARE OF NEWFANE, INC.: 25. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 26. That upon information and belief, defendant, its agents, servants and employees, was responsible for the safety and well-being of the children enrolled in its day care center. 27. That the defendants, its agents, servants and employees were negligent and careless in failing to properly supervise, maintain, operate and control the premises in question; and that it failed to properly supervise the infant; in that it failed to provide sufficient and proper protection and safeguards for the children lawfully under its custody and control; and that it failed to properly supervise the infant in his activities; and that it failed to have competent, skillful and experienced employees as supervisors and counselors; in that it failed to have a sufficient number of individuals present to properly care for and supervise the group in question; and that the agents, servants and employees so employed were incompetent, unskillful and inexperienced, and that this defendant was otherwise negligent in the premises. 8 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 28. The aforesaid incident, and the injuries sustained by the infant herein occurred solely as a result of the negligence of defendant, its agents, servants and employees, without any negligence attributable in any measure to the plaintiff or the infant herein. 29. As a result of the foregoing, plaintiff and the infant herein have been damaged in a sum which is in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this action. AS AN FOR A THIRD CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT SWEET ANGELS DAYCARE OF NEWEANE, INC.: Breach of Fiduciary Duty 30. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 31. That as a result of the infant being in the custody of the defendant, its agents, servants and employees, the defendant, its agents, servants and employees were in loco parentis, and thus, had a duty to keep the infant from harm. 32. That by allowing the infant, and others similarly situated, to participate in conduct known to be dangerous, defendant, its agents, servants and employees breached its duty to the infant and to the plaintiff herein. 33. That the defendants, its agents, servants and employees were negligent and careless in failing to properly supervise, maintain, operate and control the premises in question; and that it failed to properly supervise the infant; in that it failed to provide sufficient and proper protection and safeguards for the children lawfully under its custody and control; and that it failed to properly supervise the infant in his activities; and that it failed to have competent, skillful and experienced employees as supervisors and counselors; in that it failed to have a sufficient number 9 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 of individuals present to properly care for and supervise the group in question; and that the agents, servants and employees so employed were incompetent, unskillful and inexperienced, and that this defendant was otherwise negligent in the premises. 34, The aforesaid incident, and the injuries sustained by the infant herein occurred solely as a result of the negligence of defendant, its agents, servants and employees, without any negligence attributable in any measure to the plaintiff or the infant herein. 35. As a result of the foregoing, plaintiff and the infant herein have been damaged in a sum which is in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this action. AS AN FOR A THIRD CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIEFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT, VICTORIA STANTON: 36. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 37. Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of Defendant VICTORIA STANTON, acting as an agent, servant and/or employee of SWEET ANGELS DAYCARE OF NEWFANE, INC. 38. It was under these circumstances that infant Plaintiff, O.G. came to be under the direction and control of Defendant VICTORIA STANTON who used her position of authority and trust over plaintiff to harm and had unpermitted contact with infant. 10 10 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 39. Upon information and belief, specifically from January 1, 2022 through and including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the Defendant, VICTORIA STANTON, at SWEET ANGELS DAYCARE OF NEWFANE, INC., resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”) 40. Defendant VICTORIA STANTON owed infant Plaintiff, O.G., a duty of reasonable care to protect the Plaintiff from injury. 41. Defendant VICTORIA STANTON owed infant Plaintiff, O.G. a duty of reasonable care to protect the infant Plaintiff, O.G. from injury. Defendant VICTORIA STANTON, breached these duties of care. 42. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of the Defendant, VICTORIA STANTON’: actions. 43. Upon information and belief, infant Plaintiff, O.G. did in no way, through their own conduct or otherwise, cause or contribute to their injuries and damages. 44. Solely as a result of the negligence, carelessness, and/or recklessness of the defendant, VICTORIA STANTON, infant Plaintiff, O.G. was caused to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries and upon information and belief, will continue to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries in the future. 45. As a result of the negligence, fault and/or lack of care of the defendant, and as a result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon information and belief, will continue to incur medical expenses in the future. 46. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 11 11 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 AS AN FOR A FOURTH CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT, KARON ANTERLINE: 47. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 48. Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWEFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of Defendant KARON ANTERLINE, acting as an agent, servant and/or employee of SWEET ANGELS DAYCARE OF NEWFANE, INC. 49. It was under these circumstances that infant Plaintiff, O.G. came to be under the direction and control of Defendant KARON ANTERLINE who used her position of authority and trust over plaintiff to harm and had unpermitted contact with infant. 50. Upon information and belief, specifically from January 1, 2022 through and including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the Defendant, KARON ANTERLINE, at SWEET ANGELS DAYCARE OF NEWFANE, INC., resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”) 51. Defendant KARON ANTERLINE owed infant Plaintiff, O.G., a duty of reasonable care to protect the Plaintiff from injury. 52. Defendant KARON ANTERLINE owed infant Plaintiff, O.G. a duty of reasonable care to protect the infant Plaintiff, O.G from injury. Defendant KARON ANTERLINE, breached these duties of care. 12 12 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 53. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of the Defendant, KARON ANTERLINE’s actions. 54. Upon information and belief, infant Plaintiff, O.G. did in no way, through their own conduct or otherwise, cause or contribute to their injuries and damages. 55. Solely as a result of the negligence, carelessness, and/or recklessness of the defendant, KARON ANTERLINE, infant Plaintiff, O.G. was caused to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries and upon information and belief, will continue to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries in the future. 56. As a result of the negligence, fault and/or lack of care of the defendant, and as a result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon information and belief, will continue to incur medical expenses in the future. 57. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AN FOR A FIFTH CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT, ALEXIS CLEVELEY: 58. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 59. Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of 13 13 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Defendant ALEXIS CLEVELEY, acting as an agent, servant and/or employee of SWEET ANGELS DAYCARE OF NEWFANE, INC. 60. It was under these circumstances that infant Plaintiff, O.G. came to be under the direction and control of Defendant ALEXIS CLEVELEY who used her position of authority and trust over plaintiff to harm and had unpermitted contact with infant. 61. Upon information and belief, specifically from January 1, 2022 through and including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the Defendant, ALEXIS CLEVELEY, at SWEET ANGELS DAYCARE OF NEWFANE, INC., resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”) 62. Defendant ALEXIS CLEVELEY owed infant Plaintiff, O.G., a duty of reasonable care to protect the Plaintiff from injury. 63. Defendant ALEXIS CLEVELEY owed infant Plaintiff, O.G. a duty of reasonable care to protect the infant Plaintiff, O.G. from injury. Defendant ALEXIS CLEVELEY, breached these duties of care. 64. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of the Defendant, ALEXIS CLEVELEY’S actions. 65. Upon information and belief, infant Plaintiff, O.G. did in no way, through their own conduct or otherwise, cause or contribute to their injuries and damages. 66. Solely as a result of the negligence, carelessness, and/or recklessness of the defendant, ALEXIS CLEVELEY, infant Plaintiff, O.G. was caused to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries and upon information and belief, will continue to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries in the future. 14 14 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 67. As a result of the negligence, fault and/or lack of care of the defendant, and as a result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon information and belief, will continue to incur medical expenses in the future. 68. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AN FOR A SIXTH CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, AGAINST THE DEFENDANT, MAGDALYNN TIBBETTS: 69. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 70. Upon information and belief, at all times hereinafter mentioned and from the day the subject infant Plaintiff was enrolled in SWEET ANGELS DAYCARE OF NEWFANE, INC. until the day the subject infant Plaintiff was removed from SWEET ANGELS DAYCARE OF NEWFANE, INC., more specifically from up to and including January 1, 2022 through and including December 31, 2023, the infant Plaintiff, O.G. was under the care and supervision of Defendant MAGDALYNN TIBBETTS, acting as an agent, servant and/or employee of SWEET ANGELS DAYCARE OF NEWFANE, INC. 71. It was under these circumstances that infant Plaintiff, O.G. came to be under the direction and control of Defendant MAGDALYNN TIBBETTS who used her position of authority and trust over plaintiff to harm and had unpermitted contact with infant. 72. Upon information and belief, specifically from January 1, 2022 through and including December 31, 2023, on several instances, infant Plaintiff, O.G. was harmed by the Defendant, MAGDALYNN TIBBETTS, at SWEET ANGELS DAYCARE OF NEWFANE, 15 15 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 INC., resulting in serious, painful, and permanent injuries. (Hereinafter described as “the incident.”) 73. Defendant MAGDALYNN TIBBETTS owed infant Plaintiff, O.G., a duty of reasonable care to protect the Plaintiff from injury. 74. Defendant MAGDALYNN TIBBETTS owed infant Plaintiff, O.G. a duty of reasonable care to protect the infant Plaintiff, O.G. from injury. Defendant MAGDALYNN TIBBETTS, breached these duties of care. 75. Upon information and belief, plaintiff’s injuries were a foreseeable consequence of the Defendant, MAGDALYNN TIBBETTS’s actions. 76. Upon information and belief, infant Plaintiff, O.G. did in no way, through their own conduct or otherwise, cause or contribute to their injuries and damages. 77. Solely as a result of the negligence, carelessness, and/or recklessness of the defendant, MAGDALYNN TIBBETTS, infant Plaintiff, O.G. was caused to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries and upon information and belief, will continue to sustain physical, psychological, or other injuries or conditions, pain and suffering from their injuries in the future. 78. As a result of the negligence, fault and/or lack of care of the defendant, and as a result of the aforementioned injuries, the plaintiff was caused to incur medical expense and upon information and belief, will continue to incur medical expenses in the future. 79. As a result of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AN FOR A SEVENTH CAUSE OF ACTION ON BEHALF OF JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant 16 16 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 80. Plaintiff repeats and realleges each and every allegation contained in paragraphs set forth in the above Complaint as if fully set forth at length herein. 81. That at all times hereinafter mentioned, and prior thereto, plaintiff, is the parent and natural guardian of the infant herein. 82. Solely by reason of the foregoing, plaintiff, as parent and natural guardian of the infant herein has been deprived of the society and companionship of her daughter, the infant herein. 83. That solely by reason of the foregoing, plaintiff, as parent and natural guardian of the infant herein has suffered a direct economic hardship by virtue of the infant's severe injuries occasioned by the negligent conduct and/or omissions of the defendants, and, in all likelihood, will continue to suffer such economic hardship in the future. 84. That solely by reason of the foregoing, the plaintiff has been obligated to incur expenses, and has become obligated for medical aid and attention, hospitalization and medical care, in an effort to remedy her daughter's severe injuries, and the plaintiff believes that in the future she will be further obligated to expend monies as a result thereof. 85. As a result of the foregoing, plaintiff has been damaged in a sum which is in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this action. WHEREFORE, the Plaintiff, JULIE BARNARD-GRIFFIN, Individually and as Parent and Natural Guardian of O.G., an Infant, demands judgment against the Defendants for compensatory damages, and in addition, for punitive damages, in an amount that exceeds the jurisdictional limits of all lower courts, together with the costs and disbursements of this action. DATED: Buffalo, New York April 19, 2024 /s/ Rich Hall 17 17 of 18 INDEX NO. E183183/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Rich Hall, Esq. Andrew Gill, Esq. Cantor, Wolff, Nicastro & Hall Attorney for Plaintiffs 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 18 18 of 18