Jane Doe v County of Putnam

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Jane Doe v County of Putnam 2019 NY Slip Op 34229(U) April 16, 2019 Supreme Court, Putnam County Docket Number: 501469/2018 Judge: Victor G. Grossman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] PUTNAM COUNTY CLERK 04/16/2019 11:54 AM NYSCEF DOC. NO. 27 INDEX NO. 501469/2018 RECEIVED NYSCEF: 04/16/2019 To commence the 30 day statutory time period for appeals as or right (CPLR 55131a]), you are advised to serve a copy of this order, with notice or entry, upon all parties SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM -------------------------------------------------X "JANE DOE", an infant over the age of fourteen (14) years of age by her mother and natural guardian, DENNA L. MCDONNELL, and DENNA L. MCDONNELL, Individually," DECISION & ORDER Plaintiffs, Index No. 501469/2018 Sequence No. 1 Motion Date: 2/20/19 -against COUNTY OF PUTNAM, VILLAGE OF BREWSTER, BREWSTER CENTRAL SCHOOL DISTRICT, SUPERINTENDENT OF SCHOOLS VALERIE HENNING PIEDMONTE, ED. D., PRINCIPAL NICHOLE HORLER, ASSISTANT PRINCIPAL KIERAN STACK, CHRISTOPHER VLANGAS, and JOHN/JANE DOE'S #1-10, Defendants. -------------------------------------------------------------------------X GROSSMAN, J.S.C. The following papers, numbered 1 to 7, were considered in connection with Defendant Village ofBrewster's Notice ofMotion, dated January 29, 2019, seeking an Order, pursuant to CPLR §321 I(a)(7), to dismiss the action for failure to state a cause of action. NUMBERED PAPERS Notice of Motion/Affidavit/Exhs. A-D/Memorandum of Law 1-7 The complaint alleges that the infant Plaintiff, Jane Doe, while a student at Brewster High School, was raped and sexually assaulted by Defendant Christopher Vlangas, a teacher at that school (Notice of Motion, Exh. A at ,i[I0-13). Specifically, it is alleged that the physical acts of sexual abuse, including rape, occurred on or about October 2, 2017 and October 3, 2017, inside 1 of 4 [*FILED: 2] PUTNAM COUNTY CLERK 04/16/2019 11:54 AM NYSCEF DOC. NO. 27 INDEX NO. 501469/2018 RECEIVED NYSCEF: 04/16/2019 Brewster High School, and on October 10, 2017 outside of Brewster High School (Notice of Motion, Exh. A at ~14). Tn the complaint Plaintiffs allege the follO\ving causes of action: (1) negligent hiring; (2) negligent supervision; (3) negligence in allowing occurrence after having actual and constructive notice of the prior occtmcncc: and (4) loss of consotiium (Notice of \lotion, Exh. A). Defendants Brc\vstcr Central School District, Superintendent of Schools Valerie Henning Picdmontc, Ed. D .. Principal Nichole llorlcr. and Assistant Principal Kieran Stack (collectivdy ·'District"). inteq)oscd an Answer. generally denying the allegations, raising eight (8) affirmative defenses, and I cross-claim for indemnification against Defendants County of Putnam ("'County"), Village of Brewster ("Village"), Christopher Vlangas ("Vlangas"), and John/Jane Doe's #1-10 (Notice of Motion, Exh. C). Defendant County of Putnam also interposed an Answer, generally denying the allegations, raising ten (10) affinnative defenses, and 1 cross claim for indemnification against all the other Defendants, including the Village (Notice of ~fotion. Exh. D). The Village filed the instant motion, pursuant to CPI .R §3211 (a)(7). claiming Plaintiffs have failed to state a cause of action with respect to the Village. No pa1iy has opposed tht: motion. ''fn considering a motion to dismiss pursuant lo CPLR 321 l(a)(7), 'the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned \.vhich taken together manifest any cause of action cognizable at law a motion for dismissal will fail."" Juerss v. I'v'Iillhrook Central School District, 161 A.D.3d 967,968 (2d D-:pt.), Iv. to appeal denied 32 N. Y .3d 903 (20 I 8), quoting (iuggenheimer v. Crinzherg. 43 2 2 of 4 [*FILED: 3] PUTNAM COUNTY CLERK 04/16/2019 11:54 AM NYSCEF DOC. NO. 27 INDEX NO. 501469/2018 RECEIVED NYSCEF: 04/16/2019 N.Y.2d 268,275 (1977). ''"[T]he pleading must be liberally construed, the factual alkgations must be deemed trut\ and lhc pleading party must be accorded benefit of every possible favorable inference."' Juerss, supra, quoting 1'v1ichaan v. Gazebo Hort, Inc., 117 A.D.3d 692 (2d Dept 2014); see also Leon v. Martinez, 84 N.Y.2d 83, 87-88 (1994). The Village's unopposed motion to dismiss complaint and any and all cross claims advanced against it is granted for the reasons therein advanced. The Complaint only puts forward general allegations that the named District Defendants were also employees of the Village. These statements are nothing more than conclusions. There is nothing in the Complaint that establishes that the District's employees and Ylangas were also employed by the Village, and consequently. inter alia, \vould supervise them, other than Plaintiffs' claims stating it to be so. Furthermore, the Complaint is silent as to where the October 10, 2017 incident occurred, let alone whether it occurred on Village property. In light of the above, it is hereby ORDERED that Defendant Village of Brewster's motion is granted, and the Complaint and Cross Claims ,vith respect to the Village are dismissed; and it is further ORDERED that the parties and counsel are to appear before the undersigned on Tuesday, June 4, 2019 at 9:30 a.m. for a preliminary conference. The foregoing constitutes the Decision and Order of the Court. Dated: Carmel, New York April 16, 2019 J 3 of 4 [*FILED: 4] PUTNAM COUNTY CLERK 04/16/2019 11:54 AM NYSCEF DOC. NO. 27 To: INDEX NO. 501469/2018 RECEIVED NYSCEF: 04/16/2019 David L. Posner, Esq. McCabe & Mack LLP Attorneys for Defendant Village of Brewster 63 Washington Street P.O. Box 509 Poughkeepsie, New York 12602-0509 Robert W. Georges, Esq. Konta & Georges, P.C. Attornt:ys for Plaintiffs 233 Broadway, Suite 1800 New York, New York 10279 Jam1;s A. Randazzo, Esq. Portale Randazzo Attorneys for Defrndant County of Putnam 245 Main Street, Suite 340 White Plains, Nev,' York 10601 John Bremmn, Esq. Henderson & Brennan Attorneys for Defendants Brewster Central School District, Superintendent of Schools Valerie Henning Piedmonte, ED. D., Principal Nichole Horler and Assistant Principal Kiernan Stack 222 Mamaroneck A venue White Plains, New York 10605 Christopher Vlangas 4 Upland Pasture Road Shennan, CT 06784 4 4 of 4

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