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(FILED: SUFFOLK COUNTY CLERK 0570272014) INDEX NO. 063290/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2014
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF SUFFOLK. Date Purchased:
a. X SUMMONS
LOGAN RYAN, an infant, by his mother and natural
guardian, KRISTIN RYAN, and KRISTIN RYAN, Plaintiffs designate Suffolk
individually, County as the place of trial.
Plaintiffs, The basis of venue is:
Plaintiffs’ residence
-against-
Plaintiffs resides at:
THREE VILLAGE CENTRAL SCHOOL DISTRICT and 21 Bobcat Lane
DON CAPPABIANCA, East Setauket, New York 11733
Defendants. County of SUFFOLK.
een en ne en ete te en et een nnnn,
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiff's attorney(s) within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner. In
case of your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: Garden City, New York
Sid
DELL & DEAN, PLLC
Attorneys for Plaintiffs
LOGAN RYAN, an Infant, by his mother and
natural guardian, KRISTIN RYAN, and KRISTIN
lividually
By:
JOSEPH G-DELD
1325 in Avenue, Suite 100
Garder/City, New York 11530
(516) 880-9700
TO: THREE VILLAGE CENTRAL SCHOOL DISTRICT
100 Suffolk Avenue
Stony Brook, New York 11790
DON CAPPABIANCA
c/o Ward Melvilie High School
380 Old Town Road
Setauket, New York 11784
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF SUFFOLK
ene nee nee nnnattntnnnenne nan neenennnnmmen nanan X Index No.:
LOGAN RYAN, an Infant, by his mother and natural
guardian, KRISTIN RYAN, and KRISTIN RYAN,
individually, VERIFIED COMPLAINT
Plaintiffs,
-against-
THREE VILLAGE CENTRAL SCHOOL DISTRICT and
DON CAPPABIANCA,
Defendants.
a ee eee ne eee enenene nn cenenena mmm
Plaintiffs, LOGAN RYAN, an Infant by his mother and natural guardian, KRISTIN
RYAN and KRISTIN RYAN, individually, by their attorneys, DELL & DEAN, PLLC,
complaining of the Defendants respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1 At all times herein mentioned, Plaintiffs was and still is a resident of the County of
Suffolk, State of New York.
2 That on May 22, 2013, and at all times herein mentioned, Defendant THREE
VILLAGE CENTRAL SCHOOL DISTRICT was and still is a municipal corporations.
3 That prior hereto on August 19, 2013, and within the time prescribed by law, a sworn
Notice of Claim stating, among other things, the time when and place where the injuries and
damages were sustained, together with Plaintiff's demands for adjustment thereof was duly served on
the claimant's behalf on the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT and
that thereafter said Defendant refused or neglected for more than thirty (30) days, and up to the
commencement of this action, to make any adjustment or payment thereof, and that thereafter, and
within the time provided by law, this action was commenced.
4 That pursuant to General Municipal Law 50(h) Defendant THREE VILLAGE
CENTRAL SCHOOL DISTRICT conducted a hearing on March 20, 2014.
5. That this action is being commenced within one year after accrual of this cause of
action, or within the time allowed by law.
6 Upon information and belief, at all times herein mentioned, Defendant DON
CAPPABIANCA was and still is a resident of the County of Suffolk, State of New York.
7 That upon information and belief, at all times herein mentioned, Defendant
THREE VILLAGE CENTRAL SCHOOL DISTRICT was the owner of the premises located at
380 Old Town Road, Setauket, County of Suffolk, State of New York.
8. That upon information and belief, at all times herein mentioned, Defendant THREE
VILLAGE CENTRAL SCHOOL DISTRICT, through their agents, servants, employees, and/or
assigns, owned, operated, managed, maintained, possessed, supervised and controlled premises located
at 380 Old Town Road, Setauket, County of Suffolk, State of New York.
9 That upon information and belief, at ali times herein mentioned, Defendant DON
CAPPABIANCA, through their agents, servants, employees, and/or assigns, owned, operated, managed,
maintained, possessed, supervised and controlled premises located at 380 Old Town Road, Setauket,
County of Suffolk, State of New York.
10. On May 22, 2013, and at all times mentioned herein, Defendant DON
CAPPABIANCA was acting as an agent of the owners of the aforesaid premises.
11. Each Defendant herein was acting as an agent for each other Defendant herein and as
such each is vicariously liable for the others acts.
12. On May 22, 2013, while Infant Plaintiff LOGAN RYAN was lawfully present at the
location known at Ward Melville High School, 380 Old Town Road, Setauket, County of Suffolk,
State of New York, he was caused to be negligently, intentionally, wrongfully, willfully, maliciously
and with gross negligence and willful and wonton disregard for the Plaintiff's safety, physically
detained, assaulted, beaten and battered by Defendant DON CAPPABIANCA and was caused to
sustain severe and permanent injuries.
13. That said incident took place due to the negligence, recklessness, carelessness, gross
negligence, willful and wonton conduct and intentional actions of the Defendant DON
CAPPABIANCA.,
14, On May 22, 2013, the Defendant THREE VILLAGE CENTRAL SCHOOL
DISTRICT was obligated and owed a duty to the Infant Plaintiff LOGAN RYAN to maintain,
manage, operate and control the aforesaid premises, and activities conducted therein, in a reasonably
safe manner.
iS, On May 22, 2013, the Defendant DON CAPPABIANCA was obligated and owed a
duty to the Infant Plaintiff LOGAN RYAN to maintain, manage, operate and control the aforesaid
premises, and activities conducted therein, in a reasonably safe manner.
16. That Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly
and solely due to the negligence of the Defendant THREE VILLAGE CENTRAL SCHOOL
DISTRICT, their agents, servants and/or employees without Infant Plaintiff LOGAN RYAN in any
way contributing thereto.
17. That Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly
and solely due to the negligence of the Defendant DON CAPPABIANCA, his agents, servants
and/or employees without Infant Plaintiff LOGAN RYAN in any way contributing thereto.
18. That on May 22, 2013, the Defendant THREE VILLAGE CENTRAL SCHOOL
DISTRICT, their agents, servants and/or employees, departments, agencies and those acting under
their directions, behest and control, jointly and severally, individually or in concert, disregarded their
duty and conducted themselves in a negligent, reckless, careless and unlawful manner in failing to
properly investigate and/or evaluate the results of any investigation of those persons, agents, servants
and/or employees hired to operate, manage, control, supervise, teach at and/or run said School; in
tailing to hire efficient and/or sufficient personnel in connection with the operation, management,
control, teaching at and/or supervision of said School; in failing to train their employees so as to
enable them to control students and/or persons in the cafeteria; in failing to adequately train their
employees so as to enable them to control students and/or persons in the cafeteria; in falling to
promulgate proper and/or adequate rules and regulations governing the proper curriculum and/or
supervision to be provided and rendered by those agents, servants and/or employces hired to operate,
manage, control, supervise, teach at and/or run said School: in failing to promulgate proper and/or
adequate rules and/or regulations governing the proper care, guidance and/or supervision to be
provided and rendered to those utilizing said School; in failing to properly and/or adequately monitor
the care, guidance and/or supervision provided at said School; in failing to properly and/or
adequately provide guidance for and/or supervise the Infant Plaintiff herein; in failing to properly
and/or adequately monitor and/or supervise the activities in which the Infant Plaintiff was involved
in on the day of the incident; in abandoning the activity that the Infant Plaintiff was a participant in
on the day in question; in failing to properly and/or adequately screen the participants of the activity
involved herein; in failing to adequately and/or properly categorize the participants in the activity
involved herein; in failing to properly and adequately evaluate the participants in the activity
involved herein; in failing to properly and adequately separate, divide, set apart, keep apart and/or
otherwise screen the participants in the activity involved herein; in failing to control students, i
failing to prevent and/or stop appropriate activity in the cafeteria; in that the children-participants
were unsupervised or improperly supervised, and the other students were therefore not properly
protected; in failing to insure that said School provided those in its charge and utilizing its facility
with a safe and proper environment, in failing to prevent and/or stop inappropriate activity in the
school, in failing to properly supervise the Infant so that the Infant was not properly protected, by
failing to protect Infant Plaintiff and in allowing Infant Plaintiff to be negligently, recklessly, brutally
and intentionally attacked and assaulted by Defendant DON CAPPABIANCA, in failing to prevent
said activity, in failing to stop said activity, and the respondent was otherwise negligent, careless,
reckless, and grossly negligent in the premises.
19. That by reason of the wrongful, negligent and unlawful actions of the Defendant
THREE VILLAGE CENTRAL SCHOOL DISTRICT, through their agents, servants and/or
employees as aforesaid, the Infant Plaintiff LOGAN RYAN was severely injured, bruised and
wounded, suffered, still suffers and will continue to suffer for some time great physical pain and
great bodily injuries and became sick, sore, lame and disabled and so remained for a considerable
period of time.
20. That by reason of the wrongful, negligent and unlawful actions of the Defendant
DON CAPPABIANCA, through his agents, servants and/or employees as aforesaid, the Infant
Plaintiff LOGAN RYAN was severely injured, bruised and wounded, suffered, still suffers and will
continue to suffer for some time great physical pain and great bodily injuries and became sick, sore,
lame and disabled and so remained for a considerable period of time.
21. That solely as a result of the foregoing, Infant Plaintiff LOGAN RYAN has incurred
hospital and medical expenses and sustained a loss of income.
22. That the limitations set forth in Article 16 of the CPLR do not apply to this
action, since one or more of the exceptions apply.
23. As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been
damaged in an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction herein.
AS AND FOR A SECOND CAUSE OF ACTION
24. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and
every allegation contained in paragraphs "1" through "23" of the foregoing cause of action as though
fully set forth at length herein.
25. The Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT had a duty to
properly supervise employees.
26. At all times hereinafter mentioned, Defendant THREE VILLAGE CENTRAL
SCHOOL DISTRICT failed to properly supervise their employees.
27. On May 22, 2013, the Defendant THREE VILLAGE CENTRAL SCHOOL
DISTRICT, their agents, servants and/or employees, jointly and severally, individually or in concert,
disregarded their duty and conducted themselves in a negligent, reckless, careless and unlawful manner,
in failing to provide adequate and sufficient security to protect the Infant Plaintiff within the aforesaid
School; in failing to properly train employees; in failing to properly train employees in sufficient
numbers; in having employees who were improperly trained or supervised and in otherwise being
negligent.
28. As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an
amount which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction herein.
AS AND FOR A THIRD CAUSE OF ACTION
29. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through "28" of the foregoing cause of action as though fully set
forth at length herein.
30. That on or about May 22, 2013, Infant Plaintiff LOGAN RYAN was caused to sustain
serious injuries due to an intentional assault by Defendant DON CAPPABIANCA, a security guard
hired by Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT.
31. That by reason of the wrongful, negligent and unlawful actions of the Defendant
THREE VILLAGE CENTRAL SCHOOL DISTRICT, through their agents, servants and/or
employees as aforesaid, Infant Plaintiff LOGAN RYAN was severely injured, bruised and wounded,
suffered, still suffers and will continue to suffer for some time great physical pain and great bodily
injuries and became sick, sore, lame and disabled and so remained for a considerable period of time.
32. That by reason of the wrongful, negligent and unlawful actions of the Defendant
DON CAPPABIANCA, through his agents, servants and/or employees as aforesaid, Infant Plaintiff
LOGAN RYAN was severely injured, bruised and wounded, suffered, still suffers and will continue to
suffer for some time great physical pain and great bodily injuries and became sick, sore, lame and
disabled and so remained for a considerable period of time.
33. The Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly and solely
due to the negligence of the Defendant FHREE VILLAGE CENTRAL SCHOOL DISTRICT, their
agents, servants and/or employees without this Infant Plaintiff in any way contributing thereto.
34. The Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly and solely
due to the negligence of the Defendant DON CAPPABIANCA, his agents, servants and/or employees
without this Infant Plaintiff in any way contributing thereto.
35. As aresult of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an
amount which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction herein.
AS AND FOR A FOURTH CAUSE OF ACTION
36. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through "35" of the foregoing cause of action as though fully set
forth at length herein.
37. When the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT hired
personnel to act as security guards, the Defendant had a duty to properly hire employees who were
qualified to perform such duties.
38. At all times hereinafter mentioned, Defendant THREE VILLAGE CENTRAL
SCHOOL DISTRICT failed to properly hire security guards fit for the said occupation.
39. That as a result thereof, Infant Plaintiff LOGAN RYAN was caused to sustain injuries
as is set forth above.
40. As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an
amount which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction herein.
AS AND FOR A FIFTH CAUSE OF ACTION
41. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through "40" of the foregoing cause of action as though fully set
forth at length herein,
42. The Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT had a duty to
properly supervise employees who acted as security guards.
43. At all times hereinafter mentioned, Defendant THREE VILLAGE CENTRAL
SCHOOL DISTRICT failed to properly supervise their employees who acted as security guards.
44. That as a result thereof, Infant Plaintiff LOGAN RYAN was caused to sustain
injuries as is set forth above.
45, As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an
amount which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction herein.
AS AND FOR A SIXTH CAUSE OF ACTION
46. That at all times hereinafter mentioned, Plaintiff KRISTIN RYAN repeats, reiterates
and realleges each and every allegation contained in paragraphs "1" through "45" of the foregoing cause
of action as though fully set forth at length herein.
47. Plaintiff KRISTIN RYAN is the mother and natural guardian of Infant Plaintiff
LOGAN RYAN and as such is entitled to his services, society, companionship, and support.
48. That by reason of the foregoing Plaintiff KRISTIN RYAN was deprived of the services,
society, companionship, and support of her son, Infant Plaintiff LOGAN RYAN in an amount which
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein.
49. That by reason of the foregoing, Plaintiff KRISTIN RYAN was damaged in an amount
which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction
herein
WHEREFORE, Infant Plaintiff LOGAN RYAN and Plaintiff KRISTIN RYAN prays for
judgment against the Defendants THREE VILLAGE CENTRAL SCHOOL DISTRICT and DON
CAPPABIANCA on behalf of these Causes of Action in an amount which exceeds the jurisdictional
limits of all lower courts which would otherwise have jurisdiction herein, together with the costs and
disbursements of this action, and for such other and further reliefas this Court may deem just and proper.
Dated: Garden City, New York
SASF
Yours, etc,
DELL & DEAN, PLLC
Attorneys for Plaintiff
LOGAN RYAN, an Infant, by his mother and
nat al guardian, KRISTIN RYAN, and
KRI IN BAYAN, individually
By
JOSEPH, . DELL
1325 Fr in Avenue, Suite 100
Garden City, New York 11530
(516) 880-9700
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.
COUNTY OF SUFFOLK )
JOSEPH G. DELL, an attorney admitted to practice in the Courts of New York State, states that:
1 Tam a partner at DELL & DEAN, PLLC. the attorneys for the plaintiff in the within action;
2. Ihave read the foregoing COMPLAINT and know its contents to be true to my own knowledge,
except as to the matters therein stated to be alleged on information and belief, and as to those matters
I believe them to be true;
3 The reason I make this verification instead of the plaintiff is that plaintiff does not reside within
in the county in which your affirmant's office is located;
4. The sources for my information and the grounds for my belief are based upon my conversations
with the plaintiffs, correspondence, investigation, statements and information in affirmant's office.
l affirm that the foregoing statements are true under the penalties of perjury.
Dated: Garden City, New York
FRAY
JOSEPH G. DELL
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
LOGAN RYAN, an infant, by his mother and natural guardian, KRISTIN RYAN, and KRISTIN
RYAN, individually,
Plaintiffs,
-against-
THREE VILLAGE CENTRAL SCHOOL DISTRICT and
DON CAPPABIANCA,
Defendants.
SUMMONS & COMPLAINT
DELL & DEAN, PLLC
Attorneys for Plaintiff
1325 Franklin Avenue
Suite 100
Garden City, New York 11530
(516) 880-9700
Facsimile (516) 880-9707
TO
Preview
(FILED: SUFFOLK COUNTY CLERK 0570272014) INDEX NO. 063290/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2014 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF SUFFOLK. Date Purchased: a. X SUMMONS LOGAN RYAN, an infant, by his mother and natural guardian, KRISTIN RYAN, and KRISTIN RYAN, Plaintiffs designate Suffolk individually, County as the place of trial. Plaintiffs, The basis of venue is: Plaintiffs’ residence -against- Plaintiffs resides at: THREE VILLAGE CENTRAL SCHOOL DISTRICT and 21 Bobcat Lane DON CAPPABIANCA, East Setauket, New York 11733 Defendants. County of SUFFOLK. een en ne en ete te en et een nnnn, To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's attorney(s) within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Garden City, New York Sid DELL & DEAN, PLLC Attorneys for Plaintiffs LOGAN RYAN, an Infant, by his mother and natural guardian, KRISTIN RYAN, and KRISTIN lividually By: JOSEPH G-DELD 1325 in Avenue, Suite 100 Garder/City, New York 11530 (516) 880-9700 TO: THREE VILLAGE CENTRAL SCHOOL DISTRICT 100 Suffolk Avenue Stony Brook, New York 11790 DON CAPPABIANCA c/o Ward Melvilie High School 380 Old Town Road Setauket, New York 11784 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF SUFFOLK ene nee nee nnnattntnnnenne nan neenennnnmmen nanan X Index No.: LOGAN RYAN, an Infant, by his mother and natural guardian, KRISTIN RYAN, and KRISTIN RYAN, individually, VERIFIED COMPLAINT Plaintiffs, -against- THREE VILLAGE CENTRAL SCHOOL DISTRICT and DON CAPPABIANCA, Defendants. a ee eee ne eee enenene nn cenenena mmm Plaintiffs, LOGAN RYAN, an Infant by his mother and natural guardian, KRISTIN RYAN and KRISTIN RYAN, individually, by their attorneys, DELL & DEAN, PLLC, complaining of the Defendants respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION 1 At all times herein mentioned, Plaintiffs was and still is a resident of the County of Suffolk, State of New York. 2 That on May 22, 2013, and at all times herein mentioned, Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT was and still is a municipal corporations. 3 That prior hereto on August 19, 2013, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with Plaintiff's demands for adjustment thereof was duly served on the claimant's behalf on the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT and that thereafter said Defendant refused or neglected for more than thirty (30) days, and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 4 That pursuant to General Municipal Law 50(h) Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT conducted a hearing on March 20, 2014. 5. That this action is being commenced within one year after accrual of this cause of action, or within the time allowed by law. 6 Upon information and belief, at all times herein mentioned, Defendant DON CAPPABIANCA was and still is a resident of the County of Suffolk, State of New York. 7 That upon information and belief, at all times herein mentioned, Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT was the owner of the premises located at 380 Old Town Road, Setauket, County of Suffolk, State of New York. 8. That upon information and belief, at all times herein mentioned, Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT, through their agents, servants, employees, and/or assigns, owned, operated, managed, maintained, possessed, supervised and controlled premises located at 380 Old Town Road, Setauket, County of Suffolk, State of New York. 9 That upon information and belief, at ali times herein mentioned, Defendant DON CAPPABIANCA, through their agents, servants, employees, and/or assigns, owned, operated, managed, maintained, possessed, supervised and controlled premises located at 380 Old Town Road, Setauket, County of Suffolk, State of New York. 10. On May 22, 2013, and at all times mentioned herein, Defendant DON CAPPABIANCA was acting as an agent of the owners of the aforesaid premises. 11. Each Defendant herein was acting as an agent for each other Defendant herein and as such each is vicariously liable for the others acts. 12. On May 22, 2013, while Infant Plaintiff LOGAN RYAN was lawfully present at the location known at Ward Melville High School, 380 Old Town Road, Setauket, County of Suffolk, State of New York, he was caused to be negligently, intentionally, wrongfully, willfully, maliciously and with gross negligence and willful and wonton disregard for the Plaintiff's safety, physically detained, assaulted, beaten and battered by Defendant DON CAPPABIANCA and was caused to sustain severe and permanent injuries. 13. That said incident took place due to the negligence, recklessness, carelessness, gross negligence, willful and wonton conduct and intentional actions of the Defendant DON CAPPABIANCA., 14, On May 22, 2013, the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT was obligated and owed a duty to the Infant Plaintiff LOGAN RYAN to maintain, manage, operate and control the aforesaid premises, and activities conducted therein, in a reasonably safe manner. iS, On May 22, 2013, the Defendant DON CAPPABIANCA was obligated and owed a duty to the Infant Plaintiff LOGAN RYAN to maintain, manage, operate and control the aforesaid premises, and activities conducted therein, in a reasonably safe manner. 16. That Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly and solely due to the negligence of the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT, their agents, servants and/or employees without Infant Plaintiff LOGAN RYAN in any way contributing thereto. 17. That Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly and solely due to the negligence of the Defendant DON CAPPABIANCA, his agents, servants and/or employees without Infant Plaintiff LOGAN RYAN in any way contributing thereto. 18. That on May 22, 2013, the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT, their agents, servants and/or employees, departments, agencies and those acting under their directions, behest and control, jointly and severally, individually or in concert, disregarded their duty and conducted themselves in a negligent, reckless, careless and unlawful manner in failing to properly investigate and/or evaluate the results of any investigation of those persons, agents, servants and/or employees hired to operate, manage, control, supervise, teach at and/or run said School; in tailing to hire efficient and/or sufficient personnel in connection with the operation, management, control, teaching at and/or supervision of said School; in failing to train their employees so as to enable them to control students and/or persons in the cafeteria; in failing to adequately train their employees so as to enable them to control students and/or persons in the cafeteria; in falling to promulgate proper and/or adequate rules and regulations governing the proper curriculum and/or supervision to be provided and rendered by those agents, servants and/or employces hired to operate, manage, control, supervise, teach at and/or run said School: in failing to promulgate proper and/or adequate rules and/or regulations governing the proper care, guidance and/or supervision to be provided and rendered to those utilizing said School; in failing to properly and/or adequately monitor the care, guidance and/or supervision provided at said School; in failing to properly and/or adequately provide guidance for and/or supervise the Infant Plaintiff herein; in failing to properly and/or adequately monitor and/or supervise the activities in which the Infant Plaintiff was involved in on the day of the incident; in abandoning the activity that the Infant Plaintiff was a participant in on the day in question; in failing to properly and/or adequately screen the participants of the activity involved herein; in failing to adequately and/or properly categorize the participants in the activity involved herein; in failing to properly and adequately evaluate the participants in the activity involved herein; in failing to properly and adequately separate, divide, set apart, keep apart and/or otherwise screen the participants in the activity involved herein; in failing to control students, i failing to prevent and/or stop appropriate activity in the cafeteria; in that the children-participants were unsupervised or improperly supervised, and the other students were therefore not properly protected; in failing to insure that said School provided those in its charge and utilizing its facility with a safe and proper environment, in failing to prevent and/or stop inappropriate activity in the school, in failing to properly supervise the Infant so that the Infant was not properly protected, by failing to protect Infant Plaintiff and in allowing Infant Plaintiff to be negligently, recklessly, brutally and intentionally attacked and assaulted by Defendant DON CAPPABIANCA, in failing to prevent said activity, in failing to stop said activity, and the respondent was otherwise negligent, careless, reckless, and grossly negligent in the premises. 19. That by reason of the wrongful, negligent and unlawful actions of the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT, through their agents, servants and/or employees as aforesaid, the Infant Plaintiff LOGAN RYAN was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time great physical pain and great bodily injuries and became sick, sore, lame and disabled and so remained for a considerable period of time. 20. That by reason of the wrongful, negligent and unlawful actions of the Defendant DON CAPPABIANCA, through his agents, servants and/or employees as aforesaid, the Infant Plaintiff LOGAN RYAN was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time great physical pain and great bodily injuries and became sick, sore, lame and disabled and so remained for a considerable period of time. 21. That solely as a result of the foregoing, Infant Plaintiff LOGAN RYAN has incurred hospital and medical expenses and sustained a loss of income. 22. That the limitations set forth in Article 16 of the CPLR do not apply to this action, since one or more of the exceptions apply. 23. As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. AS AND FOR A SECOND CAUSE OF ACTION 24. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "23" of the foregoing cause of action as though fully set forth at length herein. 25. The Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT had a duty to properly supervise employees. 26. At all times hereinafter mentioned, Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT failed to properly supervise their employees. 27. On May 22, 2013, the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT, their agents, servants and/or employees, jointly and severally, individually or in concert, disregarded their duty and conducted themselves in a negligent, reckless, careless and unlawful manner, in failing to provide adequate and sufficient security to protect the Infant Plaintiff within the aforesaid School; in failing to properly train employees; in failing to properly train employees in sufficient numbers; in having employees who were improperly trained or supervised and in otherwise being negligent. 28. As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. AS AND FOR A THIRD CAUSE OF ACTION 29. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "28" of the foregoing cause of action as though fully set forth at length herein. 30. That on or about May 22, 2013, Infant Plaintiff LOGAN RYAN was caused to sustain serious injuries due to an intentional assault by Defendant DON CAPPABIANCA, a security guard hired by Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT. 31. That by reason of the wrongful, negligent and unlawful actions of the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT, through their agents, servants and/or employees as aforesaid, Infant Plaintiff LOGAN RYAN was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time great physical pain and great bodily injuries and became sick, sore, lame and disabled and so remained for a considerable period of time. 32. That by reason of the wrongful, negligent and unlawful actions of the Defendant DON CAPPABIANCA, through his agents, servants and/or employees as aforesaid, Infant Plaintiff LOGAN RYAN was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time great physical pain and great bodily injuries and became sick, sore, lame and disabled and so remained for a considerable period of time. 33. The Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly and solely due to the negligence of the Defendant FHREE VILLAGE CENTRAL SCHOOL DISTRICT, their agents, servants and/or employees without this Infant Plaintiff in any way contributing thereto. 34. The Infant Plaintiff LOGAN RYAN sustained the aforesaid injuries wholly and solely due to the negligence of the Defendant DON CAPPABIANCA, his agents, servants and/or employees without this Infant Plaintiff in any way contributing thereto. 35. As aresult of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. AS AND FOR A FOURTH CAUSE OF ACTION 36. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "35" of the foregoing cause of action as though fully set forth at length herein. 37. When the Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT hired personnel to act as security guards, the Defendant had a duty to properly hire employees who were qualified to perform such duties. 38. At all times hereinafter mentioned, Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT failed to properly hire security guards fit for the said occupation. 39. That as a result thereof, Infant Plaintiff LOGAN RYAN was caused to sustain injuries as is set forth above. 40. As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. AS AND FOR A FIFTH CAUSE OF ACTION 41. Infant Plaintiff LOGAN RYAN repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "40" of the foregoing cause of action as though fully set forth at length herein, 42. The Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT had a duty to properly supervise employees who acted as security guards. 43. At all times hereinafter mentioned, Defendant THREE VILLAGE CENTRAL SCHOOL DISTRICT failed to properly supervise their employees who acted as security guards. 44. That as a result thereof, Infant Plaintiff LOGAN RYAN was caused to sustain injuries as is set forth above. 45, As a result of the foregoing, Infant Plaintiff LOGAN RYAN has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. AS AND FOR A SIXTH CAUSE OF ACTION 46. That at all times hereinafter mentioned, Plaintiff KRISTIN RYAN repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "45" of the foregoing cause of action as though fully set forth at length herein. 47. Plaintiff KRISTIN RYAN is the mother and natural guardian of Infant Plaintiff LOGAN RYAN and as such is entitled to his services, society, companionship, and support. 48. That by reason of the foregoing Plaintiff KRISTIN RYAN was deprived of the services, society, companionship, and support of her son, Infant Plaintiff LOGAN RYAN in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. 49. That by reason of the foregoing, Plaintiff KRISTIN RYAN was damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein WHEREFORE, Infant Plaintiff LOGAN RYAN and Plaintiff KRISTIN RYAN prays for judgment against the Defendants THREE VILLAGE CENTRAL SCHOOL DISTRICT and DON CAPPABIANCA on behalf of these Causes of Action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein, together with the costs and disbursements of this action, and for such other and further reliefas this Court may deem just and proper. Dated: Garden City, New York SASF Yours, etc, DELL & DEAN, PLLC Attorneys for Plaintiff LOGAN RYAN, an Infant, by his mother and nat al guardian, KRISTIN RYAN, and KRI IN BAYAN, individually By JOSEPH, . DELL 1325 Fr in Avenue, Suite 100 Garden City, New York 11530 (516) 880-9700 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss. COUNTY OF SUFFOLK ) JOSEPH G. DELL, an attorney admitted to practice in the Courts of New York State, states that: 1 Tam a partner at DELL & DEAN, PLLC. the attorneys for the plaintiff in the within action; 2. Ihave read the foregoing COMPLAINT and know its contents to be true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true; 3 The reason I make this verification instead of the plaintiff is that plaintiff does not reside within in the county in which your affirmant's office is located; 4. The sources for my information and the grounds for my belief are based upon my conversations with the plaintiffs, correspondence, investigation, statements and information in affirmant's office. l affirm that the foregoing statements are true under the penalties of perjury. Dated: Garden City, New York FRAY JOSEPH G. DELL Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK LOGAN RYAN, an infant, by his mother and natural guardian, KRISTIN RYAN, and KRISTIN RYAN, individually, Plaintiffs, -against- THREE VILLAGE CENTRAL SCHOOL DISTRICT and DON CAPPABIANCA, Defendants. SUMMONS & COMPLAINT DELL & DEAN, PLLC Attorneys for Plaintiff 1325 Franklin Avenue Suite 100 Garden City, New York 11530 (516) 880-9700 Facsimile (516) 880-9707 TO