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26228/2019E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
Plaintiffs, SUMMONS
Defendants.
-------------------------------------------------------X
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 the summons, to serve a notice of appearance
on plaintiff’s attorney within twenty (20) days after service of this summons, exclusive of the day
of service, (or within thirty (30) days after service is complete, if this summons is not personally
delivered to you within the State of New York); and in case of your failure to answer, judgment
will be taken against you by default for the relief demanded hereto.
___________/s/______________
John Scola
The Law Office of John A. Scola, PLLC
Attorneys for the Plaintiffs
30 Broad Street, Suite 1424
New York, New York 10004
(917) 423-1445
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DEFENDANTS ADDRESS:
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-against-
Plaintiffs, by their attorneys, Law Office of John A. Scola, PLLC, as and for a complaint herein,
1. That at all times herein, infant M.A.V-R., was a resident of the County of the Bronx,
2. That at all times herein, HERIBERTO RIOS was and still is a resident of the County
3. That at all times herein, NELLY VIZACARRONDO was and still is a resident of the
4. At all times mentioned, the CITY OF NEW YORK, was and is a municipal corporation
duly organized and existing by virtue of the laws of the State of New York.
5. That at all times herein the NEW YORK CITY DEPARTMENT OF EDUCATION is
a duly organized public health benefit educational corporation, existing under and by
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6. That at all times hereinafter mentioned the NEW YORK CITY DEPARTMENT OF
operated the public school known as Harry S. Truman High School located at 750
Baychester Avenue, Bronx, New York 10475 in the County of the Bronx, City and
7. That at all times hereinafter mentioned the NEW YORK CITY DEPARTMENT OF
owned the public school known as Harry S. Truman High School located at 750
Baychester Avenue, Bronx, New York 10475 in the County of the Bronx, City and
8. That at all times hereinafter mentioned the NEW YORK CITY DEPARTMENT OF
managed the public school known as Harry S. Truman High School located at 750
Baychester Avenue, Bronx, New York 10475 in the County of the Bronx, City and
9. That at all times hereinafter mentioned the NEW YORK CITY DEPARTMENT OF
controlled the public school known as Harry S. Truman High School located at 750
Baychester Avenue, Bronx, New York 10475 in the County of the Bronx, City and
10. That at all times hereinafter mentioned, defendant NEW YORK CITY
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Harry S. Truman High School, pursuant to the laws of the State and City of New York
11. On or about March 29, 2018 and within 90 days after the claim herein arose, the
plaintiff served a Notice of Claim in writing sworn to on their behalf upon the
defendants CITY OF NEW YORK and the NEW YORK CITY DEPARTMENT OF
receive such process personally, which Notice of Claim advised the Defendant City of
New York, of the nature, place, time and manner in which the claim arose, the items of
12. At least thirty (30) days have elapsed since the service of the claim prior to the
commencement of this action and adjustment of payment thereof has been neglected or
refused, and this action has been commenced within one year and ninety (90) days after
the happening of the event upon which the claims are based.
13. Upon information and belief, the plaintiffs herein have complied with the request of
the municipal Defendants for an oral examination pursuant to Section 50-H of the
General Municipal Law and/or the Public Authorities Law and/or no such request was
14. Upon information and belief, at all times mentioned, Defendants CITY OF NEW
principal, Keri Alfano, guidance counselors (name unknown at this time), psychologist
(name unknown at this time), teachers (name unknown at this time), aides (name
unknown at this time), and/or the deans (name unknown at this time) (collectively
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15. Upon information and belief, at all times mentioned, Defendant JOHN OR JANE
DOES 1-10 were and are employees of the NEW YORK CITY DEPARTMENT OF
EDUCATION who worked at Harry S. Truman High School who at all times herein
were acting in such capacity as the agents, servants and employees of the Defendants
16. That at all times herein the employees were and are employees and/or independent
contractors of the Defendants City of New York and THE NEW YORK CITY
DEPARTMENT OF EDUCATION, and at all times herein were acting in such capacity
as the agents, servants and employees of the Defendants, THE CITY OF NEW YORK
17. Plaintiff M.A.V-R. began attending Harry S. Truman High School on or about
September 2017.
18. Shortly after plaintiff M.A.V-R. began attending the Harry S. Truman High School,
she began suffering pervasive and obvious bullying from some of the students at the
school.
19. The employees of Harry S. Truman High School had actual notice of the “bullying”
20. The employees of Harry S. Truman High School had constructive notice of the
“bullying,” in that it occurred openly over a period of five (5) months from September
2017 until her death on February 28, 2018 but failed to intervene.
21. Plaintiff M.A.V-R. while attending Harry S. Truman High School was repeatedly
“bullied” in that she was forced to suffer severe emotional distress due to the acts which
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22. Plaintiff M.A.V-R. while attending Harry S. Truman High School was repeatedly
“bullied” in that she was forced to suffer intimidation which occurred on the grounds
23. The employees of Harry S. Truman High School had actual notice of the intimidation
24. The employees of Harry S. Truman High School had constructive notice of the
intimidation in that it was obvious and pervasive over a period of five (5) months but
failed to intervene.
25. M.A.V-R. while attending Harry S. Truman High School was repeatedly “bullied” in
that she was forced to suffer harassment which occurred on the grounds of Harry S.
26. The employees of Harry S. Truman High School had actual notice of the harassment
27. The employees of Harry S. Truman High School had constructive notice of the
harassment in that it was obvious and pervasive over a period of five (5) months from
September 2017 until her death on February 28, 2018 but failed to intervene.
28. Despite being intimidated by the students of Harry S. Truman High School, the
29. Plaintiff M.A.V-R. while attending Harry S. Truman High School was repeatedly
“bullied” in that she was forced to suffer threats which occurred on the grounds of
30. The employees of Harry S. Truman High School had actual notice of the threats
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31. The employees of Harry S. Truman High School had constructive notice of the threats
received by M.A.V-R. in that they were obvious and pervasive over a period of five
(5) months from September 2017 until her death on February 28, 2018 but failed to
intervene.
32. Plaintiff M.A.V-R. while attending Harry S. Truman High School was repeatedly
forced to endure abusive verbal acts which occurred on the grounds of Harry S. Truman
High School.
33. The employees of Harry S. Truman High School had actual notice of the abusive verbal
34. The employees of Harry S. Truman High School had constructive notice of the abusive
verbal acts received by plaintiff M.A.V-R. in that they were obvious and pervasive over
a period of five (5) months from September 2017 until her death on February 28, 2018
35. Plaintiff M.A.V-R. while attending Harry S. Truman High School was repeatedly
forced to endure physical abuse, including but not limited to being forced to perform
sex acts on other students while at school, from the students which occurred on the
36. The employees of Harry S. Truman High School had actual notice of the physical
abuse, including but not limited to being forced to perform sex acts on other students
37. The employees of Harry S. Truman High School had constructive notice of the physical
abuse, including but not limited to being forced to perform sex acts on other students
while at school, received by plaintiff M.A.V-R. in that they were obvious and pervasive
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over a period of five (5) months from September 2017 until her death on February 28,
38. The employees of Harry S. Truman on December 14, 2017 presented the risks of cyber
bullying and bullying in general to the students of Harry S. Truman High School,
including M.A.V-R.
39. The employees of Harry S. Truman High School were aware of the potential risks of
children being bullied and their potential consequences if they did not intervene to stop
40. While attending Harry S. Truman High School plaintiff M.A.V-R. was tormented by
students including but not limited to minor student Viviana D. who regularly and
41. While attending Harry S. Truman High School minor student Viviana D. would
42. While attending Harry S. Truman High School minor student Viviana D. would
43. The bullying occurred frequently and should have been stopped and/or prevented by
44. As a result of the pervasive bullying received by plaintiff M.A.V-R. she began missing
school more regularly beginning in late 2017 to avoid the treatment she was receiving
at school.
45. Prior to late 2017, plaintiff M.A.V-R. had nearly perfect attendance but that changed
as a result of the bullying she was receiving from other students at school.
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46. Plaintiff M.A.V-R. was an honor student while attending Harry S. Truman High
School.
47. Plaintiffs HERIBERTO RIOS and NELLY VIZCARRONDO had a meeting with the
guidance counselor of deceased plaintiff M.A.V-R. on January 24, 2018 regarding their
daughter’s attendance but the guidance counselor failed to inform the parents about the
48. At this meeting the principal Keri Alfano and the dean told Plaintiffs HERIBERTO
RIOS and NELLY VIZCARRONDO that there was no way that their daughter plaintiff
M.A.V-R. would be able to skip school because they would require her to sign in at
every class due to the issues she was having with attendance.
49. On a separate occasion plaintiff M.A.V-R. met with the guidance counselor about the
50. The guidance counselor then told plaintiff M.A.V-R that she had to investigate and sent
51. Upon information and belief, the guidance counselor never investigated the claims.
52. The guidance counselor failed to notify the plaintiffs HERIBERTO RIOS and NELLY
53. On another occasion infant plaintiff M.A.V-R. met with the principal Keri Alfano
54. Again, plaintiff M.A.V-R. was ignored and simply sent back to class without any
55. The principal failed to notify deceased plaintiff M.A.V-R.’s parents plaintiffs
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56. On February 27, 2018, the guidance counselor was informed by a friend of deceased
57. On February 27, 2018, the guidance counselor went to the deceased plaintiff M.A.V-
58. During that conversation on February 27, 2018 the guidance counselor assessed
59. Following this conversation with M.A.V-R., the guidance counselor, despite saying she
was having problems at school so they could be on the lookout for any harm M.A.V-
R. could cause herself including but in no way limited to acting on suicidal ideations.
60. Following this conversation with M.A.V-R. the guidance counselor again failed to
inform deceased plaintiff M.A.V-R.’s teachers that she was having problems in school
so they could be on the lookout for problems M.A.V-R. was having including but in no
61. Upon information and belief, the guidance counselor failed to see the signs that
deceased plaintiff M.A.V-R was suffering severe emotional pain and depression as a
62. Upon information and belief, the guidance counselor saw and willfully ignored the
signs that deceased plaintiff M.A.V-R. was suffering severe emotional pain and
63. On February 28, 2018, deceased plaintiff M.A.V-R attended school in the morning.
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64. Upon information and belief, in the early morning February 28, 2018 M.A.V-R had a
65. Upon information and belief, following the show, Plaintiff M.A.V-R. was taken into
the back of the unsupervised auditorium by two boys and was forced to perform a sex
act on the two students in the auditorium in the morning of February 28, 2018.
66. Upon information and belief, the students were able to gain access to the auditorium as
it was not locked despite the foreseeable risk that having access to the unsupervised
auditorium could pose to students, such as a place for sexual assault or violence.
67. Upon information and belief, following the forcible sex act, deceased plaintiff M.A.V-
68. M.A.V-R then left school early without a note or reason to do so.
69. Upon information and belief, M.A.V-R. then went to her home after being relentlessly
bullied.
70. Despite being on notice that deceased plaintiff M.A.V-R. was incessantly bullied and
their knowledge from the day before that M.A.V-R. was having severe emotional
problems, the school failed to notify plaintiff’s teachers that they should be on the
71. As a result of the guidance counselor’s failure to notify plaintiff M.A.V-R.’s teachers,
it went unnoticed that M.A.V-R. left school early by the school and no search into her
whereabouts was conducted despite the schools assumption of responsibility over their
72. Despite being on notice that M.A.V-R. was incessantly bullied and their knowledge
from the day before that M.A.V-R. was having severe emotional problems, the school
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failed to notify plaintiffs HERIBERTO RIOS and NELLY VIZCARRONDO that they
73. Due to the failure of the guidance counselor to notify the teachers and the parents, the
Defendants CITY OF NEW YORK and the NEW YORK CITY DEPARTMENT OF
EDUCATION failed to realize that plaintiff M.A.V-R. had left school early and no
search was conducted to try to find plaintiff M.A.V-R. despite the schools awareness
74. Despite representations in the meeting held on January 24, 2018 from the dean and
principal of Harry S. Truman High School that plaintiff M.A.V-R. was forced to sign
in at every class to curb the problem with attendance (which was caused by the
incessant bullying she was forced to receive), no member of the school noticed that
plaintiff M.A.V-R. was not present in class and the faculty of the school did not search
for plaintiff M.A.V-R. nor notify plaintiffs HERIBERTO RIOS and NELLY
75. Upon information and belief, the principal and dean misrepresented to the parents that
deceased plaintiff M.A.V-R. was required to sign in at every class as a result of her
76. Upon information and belief, if the representation that deceased plaintiff was required
to sign in at each class were true, her absence would have triggered a notification of
her death.
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77. The Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT
78. Hours after M.A.V-R. improperly left the Harry S. Truman High School and still during
school hours M.A.V-R. jumped from the roof of her building with her backpack still
on and fell thirty-four (34) stories at approximately 2:02 pm on February 28, 2018
79. Plaintiff M.A.V-R. jumped to her death during the time she was supposed to be in
80. Plaintiff M.A.V-R. was then taken to Jacobi Medical Center where she was pronounced
dead at 3:02 pm as a result of blunt force trauma of the head and neck with fractures of
tongue, blunt force trauma of torso with laceration, abrasions and contusions, multiple
bilateral fractures of ribs, fracture of sternum, lacerations of heart, liver, spleen, rights
kidney and aorta, multiple bilateral fractures of pelvis, blunt force trauma of extremities
81. Following the death of plaintiff M.A.V-R. minor Viviana D was transferred out of the
school the on the following day on May 1, 2018 as a result of the bullying of plaintiff
M.A.V-R.
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82. Upon information and belief, the school was aware that Viviana D was bullying
plaintiff M.A.V-R. prior to plaintiff’s death but took no action which is indicated by
83. Following the death of plaintiff M.A.V-R. the guidance counselor, who never contacted
bullying their daughter infant plaintiff M.A.V-R. was forced to endure, was terminated
84. Upon information and belief, the guidance counselor was terminated for the improper
85. Despite being aware of the bullying, the employees failed to notify and/or warn the
parents and plaintiffs herein about the bullying that M.A.V-R. was suffering at school.
86. These employees failed to intervene and protect M.A.V-R. despite owing a duty to the
87. The employees of Harry S. Truman High School had specific knowledge of the
88. The employees of Harry S. Truman High School should have reasonably anticipated
that bullying could foreseeably lead to emotional and physical injuries of their students,
including the potential for suicide but failed to intervene, stop and/or prevent said
bullying
89. The employees of Harry S. Truman High School owed a duty to M.A.V-R. to exercise
such care as an ordinary prudent parent would in comparable circumstances but failed
to act in accordance with this standard in that they negligently supervised, failed to
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90. The bullying of M.A.V-R. was not an impulsive or unanticipated act by a student but
rather occurred almost daily over a period of five (5) months in an open and pervasive
manner.
91. Despite having “loco parentis” over M.A.V-R. the employees of Harry S. Truman High
School failed to protect plaintiff and did not act with ordinary prudence.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST CITY OF NEW YORK AND
NEW YORK CITY DEPARTMENT OF EDUCATION
(Wrongful Death)
92. Plaintiffs repeat and re-allege preceding allegations of this complaint with full force
93. That on or about February 28, 2018, the deceased, M.A.V-R. committed suicide by
jumping off the roof of her residence located at 140 Alcott Place, Bronx, New York
10456.
94. That the Defendant CITY OF NEW YORK and THE NEW YORK CITY
95. That the Defendant CITY OF NEW YORK and THE NEW YORK CITY
M.A.V-R.
96. That the Defendant CITY OF NEW YORK and THE NEW YORK CITY
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warn Plaintiffs HERIBERTO RIOS and NELLY VIZCARRONDO that M.A.V-R. had
left school early nor did they prevent M.A.V-R. from leaving school early.
97. That at all times the employees of Defendants CITY OF NEW YORK and THE NEW
alleged herein in their capacity as employees of the CITY OF NEW YORK and THE
NEW YORK CITY DEPARTMET OF EDUCATION and under color of State Law,
98. That such actions were foreseeable that the negligence of the defendants CITY OF
NEW YORK and THE NEW YORK CITY DEPARTMENT OF EDUCATION to lead
99. That the defendants CITY OF NEW YORK and THE NEW YORK CITY
100. That plaintiffs HERIBERTO RIOS and NELLY VIZCARRONDO relied on the
defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION to act as a reasonably prudent parent would during the time, they were
101. That the defendants CITY OF NEW YORK and the NEW YORK CITY
102. As a direct and proximate result of their negligence, carelessness, recklessness and
unlawfulness, the Defendants CITY OF NEW YORK and THE NEW YORK CITY
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103. By reason of the foregoing, the plaintiff's HERIBERTO RIOS and NELLY
deceased, judgment for wrongful death against defendants the CITY OF NEW YORK
AS AND FOR A SECOND CAUSE OF ACTION AGAINST CITY OF NEW YORK AND
NEW YORK CITY DEPARTMENT OF EDUCATION
(Negligent Supervision)
104. Plaintiff re-alleges and incorporates the allegations set forth in each preceding
105. From the period of September 2018 until the death of M.A.V-R. on February 28, 2018
the defendants CITY OF NEW YORK and NEW YORK CITY DEPARTMENT OF
106. Defendants CITY OF NEW YORK and NEW YORK CITY DEPARTMENT OF
EDUCATION were negligent in their failure to intervene, stop, prevent, and/or cease
107. As a result of their negligence the defendants CITY OF NEW YORK and NEW YORK
108. As a direct and proximate result of the negligence, carelessness, recklessness and
unlawfulness of Defendants CITY OF NEW YORK and THE NEW YORK CITY
109. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
supervising plaintiffs herein was a conscious disregard for the safety of M.A.V-R., and
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likely to M.A.V-R. to suffer harm up to and including but not limited to the suicide of
plaintiff M.A.V-R.
110. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
supervising plaintiffs herein was a conscious disregard for the safety of M.A.V-R., so
as to warrant the imposition of punitive damages under the New York state, city and
local laws.
determined at trial.
112. Plaintiff re-alleges and incorporates the allegations set forth in each preceding
113. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
114. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION, at all times herein knew or should have known that their failure to
and lead to a risk of the very type of danger and harm that occurred on February 28,
115. As a direct and proximate result of the negligence, carelessness, recklessness and
unlawfulness of Defendants CITY OF NEW YORK and THE NEW YORK CITY
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supervision to the plaintiff’s herein, Plaintiff M.A.V-R. died on February 28, 2018.
116. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
supervising plaintiffs herein was a conscious disregard for the safety of M.A.V-R., and
likely to M.A.V-R. to suffer harm up to and including the suicide of plaintiff M.A.V-
R.
117. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION knew or reasonably should have known that their failure to provide
adequate supervision of the plaintiffs herein was a conscious disregard for the safety of
M.A.V-R., so as to warrant the imposition of punitive damages under the New York
determined at trial.
119. Plaintiff re-alleges and incorporates the allegations set forth in each preceding
120. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
121. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
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keep them informed of the problems M.A.V-R. was having at school, namely that she
was being bullied, intimidated, harassed, verbally and physically abused and breach
VIZCARRONDO with notice that M.A.V-R. was suffering pervasive and harmful
122. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
keep them informed that M.A.V-R. had left school early despite knowing that she was
at an increase risk to harm and breached that duty of care by failing to provide
HERIBERTO RIOS and NELLY VIZCARRONDO with notice that M.A.V-R. had
123. The Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT
OF EDUCATION knew or should have known that this failure to warn Plaintiffs
R. of Harry S. Truman High School and lead to a risk of the very type of danger and
harm that occurred on February 28, 2018, namely the suicide death of M.A.V-R.
124. As a direct and proximate result of the negligence, carelessness, recklessness and
unlawfulness of Defendants CITY OF NEW YORK and THE NEW YORK CITY
125. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION knew or reasonably should have known that their failure to warn the
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plaintiffs herein was a conscious disregard for the safety of M.A.V-R., so as to warrant
the imposition of punitive damages under the New York state, city and local laws.
determined at trial.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST THE CITY OF NEW YORK
AND THE NEW YORK CITY DEPARTMENT OF EDUCATION
(Negligence, Negligent Hiring, Negligent Supervision and Negligent Retention)
127. Plaintiff realleges and reasserts each of the preceding paragraphs as if full set forth
herein.
128. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION owed Plaintiff and the general population of Harry S. Truman High
School a duty of reasonable care in the hiring, training and supervision of its
employees.
129. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION did breach that duty of care in the hiring, retention and/or supervision
intervention, diagnosis, and/or prevention of the bullying she was receiving while on
130. The Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT
supervision and retention would be a danger to the students of Harry S. Truman High
School and lead to a risk of the very type of danger and harm that occurred on February
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131. As a direct and proximate result of the negligence, carelessness, recklessness and
132. Defendants CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION knew or reasonably should have known that their employees were unfit
and employed him with a conscious disregard of the rights or safety of others, so as to
warrant the imposition of punitive damages under the New York state, city and local
laws.
determined at trial.
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST THE CITY OF NEW YORK
AND THE NEW YORK CITY DEPARTMENT OF EDUCATION
Loss of Services, Companionship, Society, Comfort and Affection of M.A.V-R. by
Plaintiff NELLY VIZCARRONDO, individually)
134. Plaintiffs repeat and re-allege preceding allegations of this complaint with full force
135. That on or about February 28, 2018, the plaintiff NELLY VIZCARRONDO was the
mother of decedent infant plaintiff M.A.V-R., resided with her and was entitled to her
136. That on or about February 28, 2018, NELLY VIZCARRONDO was the mother of
infant plaintiff M.A.V-R., resided with her, and was entitled to her services,
137. That as a result of the defendants’ CITY OF NEW YORK and the NEW YORK CITY
services, companionship, society, comfort and affection of her late daughter forever.
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138. By reason of the foregoing the plaintiff NELLY VIZCARRONDO, individually, and
for loss of services, companionship, society, comfort and affection against the
defendants CITY OF NEW YORK and the NEW YORK CITY DEPARTMENT OF
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST THE CITY OF NEW YORK
AND THE NEW YORK CITY DEPARTMENT OF EDUCATION
Loss of Services, Companionship, Society, Comfort and Affection of M.A.V-R. by
Plaintiff HERIBERTO RIOS, individually)
139. Plaintiffs repeat and re-allege preceding allegations of this complaint with full force
140. That on or about February 28, 2018, the plaintiff HERBIERTO RIOS was the father of
decedent infant plaintiff M.A.V-R., resided with him and was entitled to her services,
141. That on or about February 28, 2018, HERIERTO RIOS was the father of infant plaintiff
M.A.V-R, resided with him, and was entitled to her services, companionship society,
142. That as a result of the defendants’ CITY OF NEW YORK and the NEW YORK CITY
plaintiff M.A.V-R. plaintiff HERBIERTO RIOS has been deprived of the services,
143. By reason of the foregoing the plaintiff HERBIERTO RIOS, individually, and as
for loss of services, companionship, society, comfort and affection against the
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
defendants CITY OF NEW YORK and the NEW YORK CITY DEPARTMENT OF
and as Administrators to the estate of minor M.A.V-R., deceased, demand judgment against the
defendants, jointly and severally, in an amount of damages which exceeds the monetary
jurisdictional limits of any and all lower courts which would otherwise have jurisdiction in the
I, the undersigned, an attorney duly admitted to practice law in the State of New York,
under penalties of perjury do affirm;
That I am the attorney of record for the plaintiff in the within matter and make this
affirmation in accordance with CPLR 3020. I have read the within Summons and
Verified Complaint and know the contents thereof to be true to your affirmant’s own
knowledge, with the exception of those matters therein stated to be alleged upon
information and belief. Your affirmant bases his belief regarding those matters upon the
contents of the file and conversation with the plaintiff.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
This verification is made by your affirmant and not by the plaintiff for the following
reason; plaintiff resides in a different County than where your affirmant maintains an
office.
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