FILED: ORLEANS COUNTY CLERK 11/29/2023 12:25 PM
`NYSCEF DOC. NO. 153
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`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 11/29/2023
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`Plaintiff,
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`Defendants.
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` Index No.: 20-46602
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`NOTICE OF ENTRY
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`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
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`AB 511 DOE,
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`v.
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`LYNDONVILLE CENTRAL SCHOOL DISTRICT;
`LYNDONVILLE ELEMENTARY SCHOOL.
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`The attached Order [Doc. No. 151] was granted by the Honorable Deborah A.
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`Chimes, J.S.C. on November 28, 2023, and was entered in the Office of the Clerk of the
`County of Orleans on November 29, 2023.
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`Dated:
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`November 29, 2023
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`WEBSTER SZANYI LLP
`Attorneys for Defendants
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`Lyndonville Central School District and
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`Lyndonville Elementary School
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`By: s/Meghan M. Hayes
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`Michael P. McClaren
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`Shannon B. Vandermeer
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`Ryan G. Smith
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`Meghan M. Hayes
`424 Main Street, Suite 1400
`Buffalo, New York 14202
`(716) 842-2800
`mmcclaren@websterszanyi.com
`svandermeer@websterszanyi.com
`rsmith@websterszanyi.com
`mhayes@websterszanyi.com
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`1 of 5
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`NYSCEF DOC. NO. 153
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`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 11/29/2023
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`Plaintiff,
`
`Defendants.
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` Index No.: 20-46602
`
`
`
`NOTICE OF ENTRY
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`
`AB 511 DOE,
`
`
`
`v.
`
`LYNDONVILLE CENTRAL SCHOOL DISTRICT;
`LYNDONVILLE ELEMENTARY SCHOOL.
`
`
`
`
`
`
`
`
`The attached Order [Doc. No. 151] was granted by the Honorable Deborah A.
`
`Chimes, J.S.C. on November 28, 2023, and was entered in the Office of the Clerk of the
`County of Orleans on November 29, 2023.
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`Dated:
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`November 29, 2023
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`WEBSTER SZANYI LLP
`Attorneys for Defendants
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`Lyndonville Central School District and
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`Lyndonville Elementary School
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`By: s/Meghan M. Hayes
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`Michael P. McClaren
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`Shannon B. Vandermeer
`
`Ryan G. Smith
`
`Meghan M. Hayes
`424 Main Street, Suite 1400
`Buffalo, New York 14202
`(716) 842-2800
`mmcclaren@websterszanyi.com
`svandermeer@websterszanyi.com
`rsmith@websterszanyi.com
`mhayes@websterszanyi.com
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`1 of 5
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`FILED: ORLEANS COUNTY CLERK 11/29/2023 12:25 PM
`NYSCEF DOC. NO. 153
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`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 11/29/2023
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`To: STEVE BOYD, PC
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`Leah Costanzo, Esq.
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`2969 Main Street, Suite 100
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`Buffalo, NY 14214
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`(716) 400-0000
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`lcostanzo@steveboyd.com
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`JEFF ANDERSON & ASSOCIATE, P.A.
`Jeffrey R. Anderson, Esq.
`Stacey Benson, Esq.
`363 7th Avenue, 12th Floor
`New York, NY 10001
`(646) 759-2551
`jeff@andersonadvocates.com
`stacey@andersonadvocates.com
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`2 of 5
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`FILED: ORLEANS COUNTY CLERK 11/29/2023 11:53 AMFILED: ORLEANS COUNTY CLERK 11/29/2023 12:25 PM
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`NYSCEF DOC. NO. 151NYSCEF DOC. NO. 153
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`INDEX NO. 20-46602INDEX NO. 20-46602
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`RECEIVED NYSCEF: 11/29/2023RECEIVED NYSCEF: 11/29/2023
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`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
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`AB 511 DOE,
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`v.
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`LYNDONVILLE CENTRAL SCHOOL DISTRICT;
`LYNDONVILLE ELEMENTARY SCHOOL.
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` Index No.: 20-46602
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`Plaintiff,
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`Defendants.
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`WHEREAS, Defendants Lyndonville Central School District and Lyndonville
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`ORDER
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`Elementary School (collectively the “District”) filed a motion for summary judgment
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`pursuant to CPLR 3212 seeking dismissal of Plaintiff’s Complaint in its entirety and with
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`prejudice; and
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`WHEREAS, in support of that motion, the District, by and through their
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`attorneys Webster Szanyi LLP, submitted a Notice of Motion dated June 2, 2023 (Doc.
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`97), Affirmation of Meghan M. Hayes dated June 2, 2023, with Exhibits A-L (Doc. 98-110),
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`Affidavit of Tanya Marek dated June 2, 2023, with Exhibit A (Doc. 111-112), and
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`Statement of Material Facts (Doc. 113); and
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`WHEREAS, Plaintiff AB 511 Doe filed an opposition and cross motion for
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`summary judgment pursuant to CPLR 3212, opposing the District’s motion and seeking
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`summary judgment on Plaintiff’s causes of action for negligent failure to protect plaintiff
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`from harm, negligent training and supervision of Houseman and other Lyndonville
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`employees, and negligent retention; and
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`WHEREAS, in opposition to the District’s motion and in support of Plaintiff’s
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`motion for summary judgment, Plaintiff, by and through his attorneys Steve Boyd P.C.,
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`1 of 33 of 5
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`FILED: ORLEANS COUNTY CLERK 11/29/2023 11:53 AMFILED: ORLEANS COUNTY CLERK 11/29/2023 12:25 PM
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`NYSCEF DOC. NO. 151NYSCEF DOC. NO. 153
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`INDEX NO. 20-46602INDEX NO. 20-46602
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`RECEIVED NYSCEF: 11/29/2023RECEIVED NYSCEF: 11/29/2023
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`submitted a Notice of Motion dated August 17, 2023 (Doc. 117), Affirmation of Leah
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`Costanzo, with Exhibits A-P (Doc. 118-134), and Response to the District’s Statement of
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`Material Facts (Doc. 135); and
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`WHEREAS, in further support of its motion and in opposition to Plaintiff’s
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`cross motion the District submitted the Reply Affirmation of Meghan M. Hayes, dated
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`October 25, 2023, with Exhibits A-C (Doc. 137-140), and Affidavit of Elizabeth Jeglic, with
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`Exhibits A-B (Doc. 141-143); and
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`WHEREAS, the Court having heard oral argument on the motions on
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`October 30, 2023; and
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`NOW, upon consideration of all the papers, pleadings, and materials
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`submitted by the parties, and due deliberation having been had, and after such due
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`deliberation, the Court having issued a written decision (Doc. 145-146) dated November
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`13, 2023, and entered on November 15, 2023, attached hereto as Exhibit A, it is hereby:
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`ORDERED, the District’s motion for summary judgment on the Plaintiff’s
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`causes of action for negligence-failure to protect Plaintiff, and negligent supervision and
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`retention of Houseman is DENIED; and it is further
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`ORDERED, the District’s motion for summary judgment on Plaintiff’s causes
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`of action for negligent hiring, training of other Lyndonville Employees, and breach of
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`statutory duty to report is GRANTED; and it is further
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`ORDERED, the District’s motion to dismiss all claims asserted against
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`Lyndonville Elementary School is GRANTED; and it is further
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`ORDERED, the District’s motion for summary judgment as to any claims
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`arising from Houseman’s abuse occurring off District property after school hours is
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`2 of 34 of 5
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`FILED: ORLEANS COUNTY CLERK 11/29/2023 11:53 AMFILED: ORLEANS COUNTY CLERK 11/29/2023 12:25 PM
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`NYSCEF DOC. NO. 151NYSCEF DOC. NO. 153
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`INDEX NO. 20-46602INDEX NO. 20-46602
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`RECEIVED NYSCEF: 11/29/2023RECEIVED NYSCEF: 11/29/2023
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`GRANTED; and it is further
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`ORDERED, Plaintiff’s cross motion for summary judgment is DENIED in its
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`entirety.
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`GRANTED:
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`ENTERED:
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`______________________________
`Hon. Deborah A. Chimes
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`3
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`3 of 35 of 5
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`November 28, 2023
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