Ark 55 v Archdiocese of N.Y.

Ark 55 v Archdiocese of N.Y. 2023 NY Slip Op 06796 Decided on December 28, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 28, 2023
Before: Kern, J.P., Gesmer, Moulton, Mendez, JJ.
Index No. 950049/19 Appeal No. 1304 Case No. 2023-02127

[*1]Ark 55, Plaintiff-Appellant,

v

Archdiocese of New York et al., Defendants, Loyola School, Defendant-Respondent.

Jeff Anderson & Associates, P.A., New York (Trusha P. Goffe of counsel), for appellant.

Seyfarth Shaw LLP, New York (Gershon Akerman of counsel), for respondent.

Order, Supreme Court, New York County (Alexander M. Tisch, J.), entered on or about September 19, 2022, which granted defendant Loyola School's motion to dismiss the complaint as against it pursuant to CPLR 3211(a), unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff's complaint states causes of action for negligence, negligent training and supervision and negligent retention, and greater specificity is not required at this pre-answer stage in the litigation (see G.T. v Roman Catholic Diocese of Brooklyn, N.Y., 211 AD3d 413, 413 [1st Dept 2022]; Davila v Orange County, 215 AD3d 632, 635 [2d Dept 2023]). Plaintiff also sufficiently pleads a nexus between Loyola's alleged negligence and plaintiff's injuries (see Waterbury v New York City Ballet, Inc., 205 AD3d 154, 162 [1st Dept 2022]).

Loyola's argument that, even if the causes of action are sufficiently pleaded, the complaint fails because plaintiff did not plead with specificity the acts that rendered this action timely pursuant to CPLR 214-g, is unpersuasive. The complaint alleges unpermitted sexual contact with a minor which was behavior violative of several sections of Penal Law article 130, thereby triggering CPLR 214-g and rendering the action timely (see Brown v University of Rochester, 216 AD3d 1328 [3d Dept 2023]; Matter of M.C. v State of New York, 74 Misc 3d 682, 694-695 [Ct Cl 2022]). THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: December 28, 2023