ARNO Notice of Claim Redacted
ARNO Notice of Claim Redacted
CITY OF BUFFALO,
City Hall
65 Niagara Street
Buffalo, New York 14202
Respondents
PLEASE TAKE NOTICE that Sarah Elizabethl.. Tierney, Administrator of the Estate of
Jason Amo ("Claimant"), by and through her attorneys GIBSON MCASKILL and CROSBY,
LLP, CHARLES S. DESMOND, II, ESQ., hereby claims and demands against the CITY OF
1. The name and post office address of the claimant is SARAH ELIZABETH L.
York14216.
2. The name and post office address of the claimant's attorney is Gibson, McAskill
and Crosby,LLP,69 Delaware Avenue, Suite 900, Buffalo, New York 14202.
3. Pursuant to General Municipal Law $205-a, the claim arises out of an incident that
occurred on March l, 2023, when JASON ARNO, while canying out, discharging and/or
performing his duties as a firefighter within the course and scope ofhis employment with the CITY
OF BUFFALO and/or THE OF CITY OF BUFFALO FIRE DEPARTMENT, was fatally injured
at the premises known as "DC Theatrics" located at745 Main Street in the City of Buffalo, County
4. The claim is for conscious pain and suffering, fear of impending death, wrongful
death, loss of enjoyment of life, past and future lost wages, medical expenses, funeral expenses,
lost pension benefits, lost social security benefits, loss of consortium, loss of household services,
loss of parental care, nurturing and guidance, and attorneys' fees arising from the March 1,2023
incident.
5. Upon information and belief, the March 1,2023 incident at issue, and the damages
sustained as a result thereof, were caused by the negligence, recklessness and carelessness of the
CITY OF BUFFALO and/or the CITY OF BUFFALO FIRE DEPARMENT, their agents,
firefighters to enter the building at 745 Main Street, in the City of Buffalo, State of New York
despite unreasonably dangerous conditions which existed and remained dangerous and/or unsafe
before and during the course of the fire; in causing, permitting and/or allowing firefighters to enter
the buildin g at 7 45 Main Street, in the City of Buffalo, State of New York despite the knowledge
that the building was vacant; in causing, permitting and allowing firefighters to enter a building
that was immediately dangerous to life and health when said building was known to be vacant; in
in causing, permitting and allowing firefighters to remain within a building that was immediately
dangerous to life and health when said building was known to be vacant; in failing to properly
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andlor sufficiently train and/or supervise JASON ARNO and his supervisors/superiors regarding
relevant and applicable procedures, practices and protocols necessary to safely handle the situation
presented; in failing to inspect, adequately inspect and/or properly inspect the firefighting
equipment in light of the conditions presented; in failing to provide firefighting equipment that
was reasonable and adequate to protect the life, safety, and/or health of JASON ARNO given the
conditions presented, thereby causing, allowing andlor permitting the firefighting equipment
provided to fail and preventing JASON ARNO and other firefighters from properly and adequately
fighting the fire; in failing to follow proper mayday, bailout, evacuation andlor man down
procedures; in failing to provide JASON ARNO and other firefighters with proper and adequate
equipment including but not limited to gloves, turnout gear, panic buttons, mayday equipment,
helmets, hoses andlor radios; in failing to keep JASON ARNO, an employee of the CITY OF
BUFFALO and/or the CITY OF BUFFALO FIRE DEPARTMENT, free from injury while
working within the course and scope of his employment; in failing to comply with the "two irl
two out" policy, also known as 29 CFR 1910.134(gX+)(i); in failing to ensure that at least two
visual or voice contact with one another at all times while within an area that was immediately
dangerous to life and health; in causing, allowing andlor permitting firefighters to act out of title
without proper training; in causing, allowing and/or permitting firefighters to act out of title despite
numerous, duly qualified, members of the CITY OF BUFFALO FIRE DEPARTMENT that were
available to filIthe positions; in failing to require acting lieutenants to attend flip school; in failing
to use due care, caution, precaution and diligence; in hiring agents, servants and/or employees who
were negligent, careless reckless andlor incompetent with respect to their management,
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carelessness and recklessness in the planning, operation, management, and supervision of the of
the firefighting operations at the145 Main Street premises on March I,2023; in failing to provide
JASON ARNO and the other firefighters with a place of employment that was reasonably free
from recognizedhazardsthat cause or are likely to cause death or serious physical harm and which
would provide reasonable and adequate protection to the lives, safety and health of JASON ARNO
and the other firefighters; and in violating Fire Prevention Law 9426.9, O.S.H.A., P.E.S.H.A.,
Labor Law g27-a(3)(aX1), National Fire Protection Association standards, NY 12 NCRR $800.3,
29 CFR $1910.134(gX4Xi), 29 CFR $1910.156, 29 CFR $1910.138, NYS Civil Service Law
6. The items and amounts of damages claimed have not yet been determined
7. Upon information and belief, Respondents', together with its agents', servants',
8. That this claim comes within one or more of the exceptions of CPLR Section 1602,
9. This notice is made and served on behalf of said Claimant, in compliance with
provision 50-E of the General Municipal Law and such other laws and statutes as are in the case
18. Please take further notice that the Claimant demands payment of said claim, and
unless said claim is paid in a reasonable time, it is the intention of the Claimant to commence suit
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Dated: Buffalo, New York
Api|20,2023
By:
Charles S. Desmond,II,
Auomeysfor Claimant
69Delaware Avenue, Suite 900
Buffalo, New York 14202
Telephone : (7 16) 856-4200
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VERIFICATION
being duly sworn, deposes and says: I am the Claimant in this action and as such I have read the
foregoing Notice of Claim and know the contents thereof; and that the same is true to my
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
ETH L
of the Estate of ARNO
Swom to me this
7JC-duy ot!4fil.zozt
Notary Public