The original suit, filed in November of 2018, is against the Kenmore Tonawanda Union Free School District alleging claims of Antisemitism. The suit names Kenmore East High School boys volleyball coach Nick Sereday, Ken-Ton’s athletic director, Jim Badgely, Kenmore East High School assistant principal Joseph Greco and the Ken-Ton District.

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KENMORE TOWN OF TONAWANDA UFSD
___________________________________________
ERIN GREEN, p/n/g CARTER OBSTEIN
Claimant, NOTICE OF INTENTION
TO FILE A CLAIM
- Against -
KENMORE TOWN OF TONAWANDA UFSD,
KENMORE TOWN OF TONWAWANDA BOARD OF EDUCATION,
NICK SEREDAY,
JIM BADGELY, and
JOSEPH GRECO.
Defendants.
_____________________________________________
PRELIMINARY STATEMENT
1. This is a Notice of a Claim for Negligent Hiring, Negligent Supervision,
Negligent Training, Negligent Infliction of Emotional Distress, Intentional Infliction of
Emotional Distress, Title VII of the Civil Rights Act of 1964 (Religious Discrimination), and
deprivation of CARTER OBSTEIN’s constitutional rights pursuant to 42 USC §1983.
PARTIES
2. Complainant ERIN GREEN, p/n/g CARTER OBSTEIN is a New York resident.
Her address is 420 Westgate Road, Kenmore New York. Her telephone number is 716.225.2237.
She is the natural mother of infant CARTER OBSTEIN, born October 22, 2002.
3. CARTER OBSTEIN, born October 22, 2002 is a student at Kenmore East High
School, part of the KENMORE TOWN OF TONAWANDA UFSD.
4. KENMORE TOWN OF TONAWANDA UFSD is a chartered school district,
created to educate children pursuant to New York law within its geographical boundaries. It is a
distinct governmental unit, with independent taxing and debt-incurring power.

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5. KENMORE TOWN OF TONWAWANDA BOARD OF EDUCATION is an
elected body established to set policy for the KENMORE TOWN OF TONAWANDA UFSD.
6. NICK SEREDAY is the Kenmore East High School Boys Volleyball Coach. He is
an employee of KENMORE TOWN OF TONAWANDA UFSD.
7. JIM BADGELY is the Athletic Director for the KENMORE TOWN OF
TONAWANDA UFSD. He is an employee of KENMORE TOWN OF TONAWANDA UFSD.
8. JOSEPH GRECO is an Assistant Principal at Kenmore East High School. He is an
employee of KENMORE TOWN OF TONAWANDA UFSD.
9. KENMORE TOWN OF TONAWANDA UFSD is liable for the actions of NICK
SEREDAY, JIM BADGELY, and JOSEPH GRECO based on the doctrine of respondeat superior.
RELEVANT FACTS
10. At a point following his matriculation at Kenmore East High School in the
KENMORE TOWN OF TONAWANDA UFSD CARTER OBSTEIN became a member of the
Kenmore East Volleyball Team coached by NICK SEREDAY, an employee of the KENMORE
TOWN OF TONAWANDA UFSD.
11. Approximately the third week of August 2018 Coach SEREDAY overheard
Carter discussing his Jewish heritage (his father is Jewish) and SEREDAY said to CARTER
OBSTEIN, “I didn’t know you people played sports!”
12. After the Anti-Semitic outburst, SEREDAY targeted CARTER OBSTEIN for
abuse based on his religious heritage, repeatedly calling him “a little bitch,” “garbage” and on at
least one instance after he forced CARTER OBSTEIN alone to run laps, “You better get your
fucking ass out there!” and “You’re not good enough!”

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13. After the Anti-Semitic outburst and based on CARTER OBSTEIN’s religious
heritage and beliefs, SEREDAY benched OBSTEIN and continued the emotional and
psychological abuse.
14. After the Anti-Semitic outburst and a result of SEREDAY’s abuse CARTER
OBSTEIN quit the Kenmore East Boys Volleyball Team.
15. After the Anti-Semitic outburst but before CARTER OBSTEIN quit the team
Carter’s parents, including ERIN GREENE, reported the behavior cited above.
16. After the Anti-Semitic outburst but before CARTER OBSTEIN quit the team
Carter’s parents, including ERIN GREENE sought to intervene by speaking with Athletic
Director JIM BADGELY, Principal Patrick Heyden, and Assistant Principals JOSEPH GRECO
and Trevor Brown.
17. BADGELY, Heyden, GRECO, and Brown ignored the complaints.
18. In approximately September 2018, outside of school Carter privately
communicated to other students on Facebook that they should “stand-up” to NICK SEREDAY,
calling him an “Anti-Semitic prick.”
19. A student captured the Facebook image and sent it to NICK SEREDAY.
20. Soon after the distribution of the Facebook message to NICK SEREDAY,
CARTER OBSTEIN was ordered to be present before BADGELY and GRECO on school
grounds where they threatened and berated the child.
21. BADGELY AND GRECO told CARTER OBSTEIN they “could sue [him]” for
the Facebook remark.
22. In an attempt to intimidate CARTER OBSTEIN from any further attempts to
protect himself from Anti-Semitic abuse, and motivated by religious discrimination, BADGELY

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AND GRECO threatened to suspend CARTER OBSTEIN if he exercised his first Amendment
rights by speaking out against SEREDAY again.
23. Soon after that, ERIN GREENE participated in a conference call with Principal
Heyden and Assistant Principal Brown expressing concern about the deleterious emotional effect
the abuse was having on her son and the threats to suspend and sue CARTER OBSTEIN.
24. In that conference call, Principal Heyden said to ERIN GREENE, “I don’t give a
shit about a Facebook post.”
25. The Anti-Semitic outburst by NICK SEREDAY and the failure to respond to the
complaints of Anti-Semitic abuse of CARTER OBSTEIN created an environment of tolerance
for hate and threats against people of Jewish faith at Kenmore East High School and the
KENMORE TOWN OF TONAWANDA UFSD.
26. On Friday October 26, 2018 at Kenmore East High School another student
approached CARTER OBSTEIN in the middle of class and asked “did your ancestors burn too?”
This was a clear reference to the Holocaust; the student felt free to mock CARTER OBSTEIN
for what he believed to be his membership in a community affected by the murder of six (6)
million Jewish people.
27. This additional Anti-Semitic outburst was documented and reported by CARTER
OBSTEIN.
28. On Saturday, October 27, 2018, eleven (11) people were murdered at the Tree of
Life Synagogue in Pittsburgh, Pennsylvania.
29. At the time of the Tree of Life mass murder, the suspect is reported to have been
motivated by Anti-Semitism, or hatred of Jewish people, the same sentiment expressed by NICK

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SEREDAY and the student who mocked CARTER OBSTEIN for being part of a community
affected by the Holocaust.
30. The mass murder garnered national media attention, including the area of
Kenmore East High School, where it was the subject of community outrage and discussion.
31. On Friday, October 27, 2018, ERIN GREEN, through counsel, notified
KENMORE TOWN OF TONAWANDA UFSD that CARTER OBSTEIN did not feel safe in
Kenmore East High School in light of the two (2) separate Anti-Semitic outbursts, including a
hostile reference to the Holocaust, and the Tree of Life mass murders.
32. Despite the KENMORE TOWN OF TONAWANDA UFSD being made aware of
the second instance of Anti-Semitic abuse and despite the atmosphere of increased hostility and
danger to Jewish people at Kenmore East and the United States, no consequential action was
taken against the student who made the Holocaust remark.
33. After the failure to discipline the abuser in the October 26, 2018 Anti-Semitic
outburst, ERIN GREEN, through counsel, informed KENMORE TOWN OF TONAWANDA
UFSD that the lack of meaningful investigation of the two (2) separate Anti-Semitic outbursts
thus far created an environment of fear of continued abuse at Kenmore East High School and
continued emotional damages.
34. KENMORE TOWN OF TONAWANDA UFSD informed ERIN GREEN,
through counsel, the law firm employed by KENMORE TOWN OF TONAWANDA UFSD to
represent their legal interests in this matter, that they would take no action to protect CARTER
OBSTEIN unless he submitted to in-person questioning by their attorneys.
35. As a result of the negligent hiring, training, and supervision of its employees,
including, but not limited to NICK SEREDAY, JIM BADGELY, and JOSEPH GRECO,

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KENMORE TOWN OF TONAWANDA UFSD negligently and/or intentionally caused serious
psychological harm to CARTER OBSTEIN.
36. As a result of the negligent hiring, training, and supervision of its employees,
including, but not limited to NICK SEREDAY, JIM BADGELY, and JOSEPH GRECO,
KENMORE TOWN OF TONAWANDA UFSD violated Title VII of the Civil Rights Act’s
prohibitions against religious discrimination by discriminating against CARTER OBSTEIN
because of his Jewish heritage.
37. As a result of threatening to take legal action against CARTER OBSTEIN for
criticizing NICK SEREDAY on Facebook, an exercise of his First Amendment rights, JIM
BADGELY, and JOSEPH GRECO, KENMORE TOWN OF TONAWANDA UFSD violated
CARTER OBSTEIN’s constitutional rights pursuant to 42 USC §1983, causing serious
psychological harm to CARTER OBSTEIN.
RELIEF SOUGHT
WHEREFORE Claimant demands judgment as follows:
1. $2 million in compensatory damages.
DATED: November 2, 2018
Buffalo, New York
HOUSH LAW OFFICES, PLLC
By: ___/s/ Frank Housh______________
Frank Housh, Esq.
ATTORNEY FOR ERIN GREEN,
p/n/g CARTER OBSTEIN
70 Niagara Street · Buffalo, NY 14202
p 716.362.1128 · f 716.242.3000
frank@houshlaw.com

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TO: Steven Bovina, Superintendent
KENMORE TOWN OF TONAWANDA UFSD
1500 Colvin Blvd.
Buffalo, NY 14223
BY CERTIFIED MAIL
Gina Santa Maria, District Clerk
KENMORE TOWN OF TONAWANDA UFSD
1500 Colvin Blvd.
Buffalo, NY 14223
BY CERTIFIED MAIL