Preview
FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022
EXHIBIT A
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NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BROOME
JOHN SM DOE, JOHN SJ DOE,
PLAINTIFFS JOHN SM DOE
Plaintiffs, AND JOHN SJ DOE’S
RESPONSES AND
vs. OBJECTIONS TO
DEFENDANT
TYRELL SINCLAIR, BINGHAMTON-BROOME BINGHAMTON-BROOME
COUNTY YMCA, LINNAEUS W. WEST ELEMENTARY COUNTY YMCA’S
SCHOOL, UNION-ENDICOTT CENTRAL SCHOOL COMBINED DEMAND
DISTRICT,
Index No. EFCA2021000455
Defendants.
Plaintiffs John SM Doe and John SJ Doe, by their undersigned counsel, responds and
objects as follows to Defendant Binghamton Broome County YMCA’s (“YMCA” or “Defendant”)
Demand for a Verified Bill of Particulars, Combined Demands, and Notice to Produce (collectively
“Combined Demand”).
GENERAL OBJECTIONS TO COMBINED DEMAND
1. Plaintiffs object to the requests that are boilerplate and appear to not have been tailored, or
even drafted, to be responsive to Plaintiffs’ allegations in this case. Such boilerplate requests serve
only to harass and unduly burden Plaintiffs, rather than to seek information relevant to their claims.
Such discovery demands fall well outside the bounds of legitimate discovery.
2. Plaintiffs object to the absence of definitions from otherwise ambiguous, vague, or
incomprehensible terms included in these requests.
3. Plaintiffs object to all requests that seek information that is not appropriate or producible as a
document request or should be properly served on Plaintiffs as interrogatories.
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4. Plaintiffs object to the requests that are overbroad, unduly burdensome, or not material,
necessary, or seek documents and information relevant to the prosecution or defense of this action.
5. Plaintiffs object to the requests that are vague, ambiguous, duplicative, or require speculation
as to the nature or scope of the documents sought.
6. Plaintiffs object to the requests that seek information or documents obtainable from a more
convenient, less burdensome, or less expensive discovery device or source.
7. Plaintiffs object to the requests that seek to impose upon Plaintiffs obligations beyond those
required by the CPLR, an order of this Court, or any other applicable rule or law.
8. Plaintiffs object to the requests that seek documents or information beyond the custody, control,
or possession of Plaintiffs.
9. Plaintiffs object to the requests that seek documents no longer in existence, or purport to require
Plaintiffs to create or generate documents.
10. Plaintiffs object to the requests to the extent they seek documents or information subject to any
privilege or protection, including the attorney-client privilege, attorney work product doctrine,
common interest privilege, confidentiality agreements or orders, settlement privilege, or any other
applicable protection from disclosure. Inadvertent production of any such document or information
is not intended to be, and shall not operate as, a waiver of any applicable privilege or protection,
in whole or in part.
11. Plaintiffs reserve the right to amend, supplement, or correct their responses and objections.
Plaintiffs further reserve the right to object to the requests, or parts thereof, after a response or
partial response is provided. If Plaintiffs later produce documents that are responsive to a request,
or a part thereof, to which an objection is made, such production is without waiver of the objection.
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12. Without waiver of their general or specific objections, Plaintiffs are prepared to meet and
confer with Defendant, to the extent necessary, concerning Plaintiffs’ responses and objections
herein.
DEFINITIONS
1. “Defendant YMCA” as used herein shall Defendant Binghamton-Broome County
YMCA.
2. “Entity Defendants” as used herein shall mean Defendants Binghamton-Broome County
YMCA, Linnaeus W. West Elementary (“LWW”) and the Union Endicott Central School
District (“UECSD”) collectively.
3. “School Defendants” as used herein shall mean LWW and UECSD collectively.
4. “Defendant Sinclair” or “Sinclair” as used herein shall mean the individual defendant in
this action, Tyrell Sinclair.
5. “Plaintiffs” as used herein shall mean Plaintiffs John SM Doe and John SJ Doe
collectively.
6. “Plaintiff John SM Doe” as used herein shall mean Plaintiff John SM Doe.
7. “Plaintiff John SJ Doe” as used herein shall mean Plaintiff John SJ Doe.
8. “Sexual Abuse” as used herein shall mean sexual contact, oral sexual contact, or sexual
conduct as defined in N.Y. Penal L. 130.00, of (or with) a person under the age of 18.
The foregoing General Objections and Definitions are incorporated into each specific
response and objection below as if fully repeated therein. The failure to include any General
Objection in any specific response does not waive any General Objection. By answering any
specific request, Plaintiff is not, nor shall he be construed as, admitting to the propriety of any
specific request.
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RESPONSES AND OBJECTIONS TO VERIFIED BILL OF PARTICULARS
VERIFIED BILL OF PARTICULARS NO. 1:
Set forth each Plaintiff’s full name including all prior legal names, maiden names, and
any aliases used throughout each Plaintiff’s life, and the approximate period(s) of time over
which such names were used.
Response to No. 1: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs individually respond as follows:
Plaintiff John SM Doe: .
Plaintiff John SJ Doe: .
VERIFIED BILL OF PARTICULARS NO. 2:
If not previously provided, set forth each Plaintiff’s name at the time of the alleged abuse,
date of birth, social security number, parents and/or guardian’s names at the time of the alleged
abuse, current address, and address at the time of the alleged abuse, if known.
Response to No. 2: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs object to providing their Social Security
numbers on privacy grounds. Notwithstanding these objections, and without waiving them, Plaintiffs
collectively respond as follows: Plaintiffs’ parents’ names are David Snyder and Mary Snyder. Plaintiffs’
address at the time of the events described in the Complaint is 1362 Nanticoke Drive, Endicott, New York
13760. Further, Plaintiffs individually respond as follows:
Plaintiff John SM Doe:
a. DOB: , 1998;
b. Current Address: 334 Prospect Street, Binghamton, NY 13905.
Plaintiff John SJ Doe:
a. DOB: , 1996;
b. Current Address: 14 Kossuth Pl., Brooklyn, NY 11221
See Verified Bill of Particulars No. 1.
VERIFIED BILL OF PARTICULARS NO. 3:
With respect to the alleged sexual abuse claimed in the Complaint (“alleged abuse”),
state: a. the name of each person who each Plaintiff alleges committed the alleged abuse; b.
each act of alleged abuse; c. the date and approximate time of day of each occurrence of alleged
abuse; d. the location(s) of the alleged abuse and, if known, the address(es) of the locations.
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Response to No. 3: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: The Sexual Abuse described in the Complaint was
perpetrated by Tyrell Sinclair (“Sinclair”) between in or around 2005 to 2007. Sinclair sexually abused
Plaintiffs while Plaintiffs attended the afterschool program operated by the YMCA. That abuse occurred
in various locations on the campus of Linnaeus W. West Elementary School (“LWW”) (1201 Union
Center Maine Highway, Endicott, New York 13760), within the Union-Endicott Central School District
(“UECSD”). Further, Plaintiff John SJ Doe alleges that he was harassed and abused at a YMCA summer
camp located in Johnson City, New York. The approximate dates and times of each instance of abuse, as
well as the address of YMCA summer camp, will be subjects of further discovery. As such, this response
will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable
rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 4:
If Plaintiffs claim that Defendant violated any statute, law, rule, ordinance or regulation,
provide the citation, including specific subdivision, of each statute, law, rule, ordinance, or
regulation allegedly violated and the alleged acts or omissions giving rise to the allegation
violation. Plaintiffs are required to identify the specific subdivision of New York’s penal law on
which his claims are brought under the Child Victims Act.
Response to No. 4: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs allege Defendant Sinclair violated the following
statutes: New York Penal Law §§ 130.20 (Sexual Misconduct), 130.40 (Criminal sexual act in the third
degree), 130.45 (Criminal sexual act in the second degree), 130.50 (Criminal sexual act in the first
degree), 130.52 (Forcible touching), 130.60 (Sexual abuse in the second degree), 130.65 (Sexual abuse in
the first degree), 130.75 (Course of sexual conduct against a child in the first degree), 130.80 (Course of
sexual conduct against a child in the second degree); 130.96 (Predatory sexual assault against a child);
2510 (Endangering the welfare of a child). Plaintiffs allege that Defendants YMCA, LWW, and UECSD
violated Soc. Serv. L. § 411, et seq.
VERIFIED BILL OF PARTICULARS NO. 5
Identify each cause of action and/or theory of liability alleged in the Complaint, and, for
each, separately describe in detail all alleged acts or omissions of each Defendant (including
agents, servants, or employees who allegedly committed the alleged acts or omissions), the date
of each act or omission and the basis for any contention that an alleged act or omission was (a)
negligent, (b) grossly negligent or reckless and/or (c) intentional.
Response to No. 5: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs allege causes of action against the Defendant
YMCA for negligence (count 1), negligent retention (count 2), negligent supervision (count 3), negligent
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infliction of emotional distress (count 4), and negligent misrepresentation (count 5). Plaintiffs allege
YMCA’s conduct as to counts 1-5 was negligent, grossly negligent, reckless, and/or knowing and willful.
Plaintiffs assert a cause of action against Defendants UECSD and LWW for negligence (count 1).
Plaintiffs allege UECSD and LWW’s conduct was negligent, grossly negligent, and/or reckless.
Plaintiffs allege causes of action against Defendant Sinclair for assault (count 6) and battery (count 7).
Plaintiffs allege Defendant Sinclair’s conduct as to counts 6 and 7 was intentional. Plaintiffs allege
breach of statutory duty to report abuse under Soc. Serv. L. § 411, et seq. (count 8) as against all
Defendants. Plaintiffs allege Defendants’ conduct as to count 8 was knowing and willful. Defendants’
acts and omissions as to counts 1-8 of the Complaint are described in the Complaint. However,
Defendants’ acts and omissions, as well as the dates of each act and omission by Defendants will be a
subject of further discovery, including expert discovery. As such, this response will be supplemented in
accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this
Court.
VERIFIED BILL OF PARTICULARS NO. 6
Describe in detail each action which each Plaintiff contends should have been
undertaken by each Defendant, specify when the action should have been taken, and the
authority under which such action could have been taken.
Response to No. 6: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs’ refer Defendant YMCA to the allegations of
the Complaint. Defendant YMCA failed to provide adequate supervision of Sinclair and of the children in
their care which allowed Sinclair to Sexually Abuse Plaintiffs while attending YMCA activities and
events. Further, on information and belief, even after being provided with notice of Sinclair’s proclivity
for pedophilia, the YMCA continued to employ him. Further, on information and belief, Defendant
YMCA failed to report Sinclair to authorities as required under the Social Services Law despite having a
reasonable suspicion of Sinclair’s proclivity for pedophilia. The actions Defendants should have taken,
the authority to take such actions and the time in which Defendants should have taken such actions, will
be a subjects of further discovery, including expert discovery. As such, this response will be
supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and
any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 7
If either Plaintiff, or any person on either Plaintiff’s behalf, reported at any time the
alleged abuse to any person, including without limitation, any Defendant, law enforcement
agency, or officer, identify: a. to whom (specific individual or, if unknown, title) the report was
allegedly made; b. when and how the report was allegedly communicated; and c. the information
that was allegedly reported.
Response to No. 7: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs’ refer Defendant YMCA to the allegations of
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the Complaint at ¶60. Plaintiffs recall making a Complaint regarding Defendant Sinclair’s Sexual Abuse
to Detective Joseph Mariano and at least one other individual in or around Spring 2007. Plaintiffs made a
further complaint against Defendant Sinclair at the Broome County Sheriff’s Office. The individuals to
whom Plaintiffs reported Defendant Sinclair’s sexual abuse, the approximate date(s) of such report(s), the
method such reports were communicated, and the information conveyed will be a subject of further
discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under
the CPLR, all other applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 8
If Plaintiffs allege that any Defendant had actual notice, awareness and/or knowledge of
(a) the alleged abuse; (b) an alleged propensity of the individual(s) who allegedly abused
Plaintiffs to engage in the type of conduct that caused the alleged injury and/or (c) any other
alleged notice, identify: a. the information that Plaintiffs allege Defendant had; b. when
Plaintiffs allege Defendant first acquired the information; c. how and from whom Plaintiffs
allege Defendant acquired such information (including through agents, servants or employees);
and d. any response(s) by each Defendant to such information.
Response to No. 8: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs’ allege that Defendants had actual knowledge
of Defendant Sinclair’s dangerous and exploitative propensities and/or that Defendant Sinclair was an
unfit agent due to his sexual interest in children by and through their agents, servants and/or employees.
See Complaint at ¶¶48-49, 51-54. Defendants’ actual knowledge of Sinclair’s Sexual Abuse of children
(including Plaintiffs) will be a subject of further discovery, including expert discovery. As such, this
response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other
applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 9
If Plaintiffs allege that Defendant had constructive notice, awareness and/or knowledge
of (a) the alleged abuse; (b) an alleged propensity of the individual(s) who allegedly abused
Plaintiffs to engage in the type of conduct that caused the alleged injury and/or (c) any other
alleged notice, identify: a. the information that Plaintiffs allege Defendant should have had; b.
when Plaintiffs allege Defendant should have first acquired the information; and c. how and
from whom Plaintiffs allege Defendant should have acquired such information (including
through agents, servants or employees).
Response to No. 9: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs’ allege that Defendant YMCA had constructive
notice of Defendant Sinclair’s dangerous and exploitative propensities and/or that Defendant Sinclair was
an unfit agent due to his sexual interest in children by and through their agents, servants and/or employees
and that Defendant YMCA knew or should have known of Defendant Sinclair’s propensities and danger
to children. See Complaint at ¶¶ 50-58. The YMCA’s constructive notice of Sinclair’s Sexual Abuse of
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children (including Plaintiffs) will be a subject of further discovery, including expert discovery. As such,
this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other
applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 10
Identify each and every physical, emotional, psychological and psychiatric injury,
disease, diagnosis, condition or syndrome (collectively, “injury”) that each Plaintiff alleges
resulted from the alleged abuse, including: a. when the alleged injury first occurred or
manifested; b. when, where and by whom (name and address) each alleged injury was first
diagnosed; c. when, where, and by whom (name and address) treatment was sought (indicate all
dates of examination and treatment) for each alleged injury; d. the dates and length of time of
any confinement to bed and/or home allegedly resulting from each alleged injury. e. if either
Plaintiff was confined to hospital or any other treatment facility, provide for each alleged injury
the (i) names of such hospital and/or facility and (ii) the approximate dates of admission and
discharge; f. the dates and length of time of any incapacitation from activities of daily living
allegedly resulting from each alleged injury; and g. whether each alleged injury identified is
claimed to be permanent in [] nature, and if not permanent, when it resolved.
Response to No. 10: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs’ object to this request to the extent Plaintiffs
are asked to provide medical information that can be obtained by Defendant via medical records requests
to Plaintiffs’ medical providers. Notwithstanding these objections, and without waiving them, Plaintiffs
individually respond as follows:
Plaintiff John SM Doe: Plaintiff received inpatient treatment for PTSD, anxiety, depression and
sleeplessness at the Greater Binghamton Health Center in or around 2015. Plaintiff further received
inpatient treatment at the UHS Comprehensive Psychiatric Emergency Program (CPEP) in or around
2015. Plaintiff’s damages include, but are not limited to, extreme emotional distress, difficulty in
interpersonal and familial relationships (but not including damages related to intimacy issues or difficulty
in romantic or sexual relationships), shame, pain, humiliation, severe depression, suicidal ideations,
attempted suicide, anxiety, PTSD, isolation and loneliness, self-loathing, disgust, low self-esteem,
difficulty with individuals in positions of authority, trust issues, difficulty sleeping, nightmares,
flashbacks and intrusive thoughts, stress, nervousness, fear, grief, embarrassment, and loss of enjoyment
of life.
Plaintiff John SJ Doe: Plaintiff was confined to Lourdes Hospital in and around March 2015 due
to dehydration from an anxiety attack. Plaintiff’s damages include, but are not limited to, extreme
emotional distress, difficulty in interpersonal and familial relationships (but not including damages related
to intimacy issues or difficulty in romantic or sexual relationships), anxiety, PTSD, panic attacks,
isolation and loneliness, self-loathing, disgust, low self-esteem, breathing issues, swallowing issues,
flashbacks and intrusive thoughts, stress, nervousness, fear, grief, embarrassment, and loss of enjoyment
of life.
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Plaintiffs’ further collectively respond as follows: Plaintiffs’ injuries will be a subject of further
discovery, including expert discovery. As such, this response will be supplemented in accordance with
Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 11
If either Plaintiff alleges that the alleged abuse activated, exacerbated or aggravated any
preexisting injury, identify each physical, emotional, psychological and/or psychiatric injury
which affected each Plaintiff before the alleged abuse that each Plaintiff alleges was activated,
exacerbated or aggravated as an alleged result of the alleged abuse, including: a. when the
alleged activation, exacerbation or aggravation first occurred or manifested; b. when, where
and by whom (name and address) each (i) alleged injury was first diagnosed and (ii) activation,
aggravation or exacerbation was first diagnosed; c. when, where, and by whom (name and
address) treatment for (i) the preexisting injury was sought and (ii) the subsequent activation,
aggravation or exacerbation was sought (indicate all dates of examination and treatment) for
each alleged injury; d. the dates and length of time of any confinement to bed and/or home
allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation
or exacerbation; e. if either Plaintiff was confined to hospital or any other treatment facility
allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation
or exacerbation, provide for each alleged injury the (i) names of each such hospital and/or
facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time
of any incapacitation from activities of daily living allegedly resulting from each alleged
preexisting injury and subsequent activation, aggravation or exacerbation; and g. whether each
alleged injury identified is claimed to be permanent in nature, and if not permanent, when it
resolved.
Response to No. 11: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs’ object to this request to the extent Plaintiffs
are asked to provide medical information that can be obtained by Defendant via medical records requests
to Plaintiffs’ medical providers. Notwithstanding these objections, and without waiving them, Plaintiffs
collectively respond as follows: Plaintiffs’ injuries will be a subject of further discovery, including expert
discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under
the CPLR, all other applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 12
If either Plaintiff has ever seen, consulted with, or received assistance of any sort from
any federal, state, or local social welfare, vocational, rehabilitation or service agency, provide:
a. the name and address of each such agency; b. the date(s) Plaintiffs were seen by or were
clients of the agency; c. the person(s) who worked with each Plaintiff; and d. the nature of the
services provided by that agency.
Response to No. 12: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs object to this request as vague and ambiguous.
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Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows:
Plaintiffs have not received any form of government assistance.
VERIFIED BILL OF PARTICULARS NO. 13
If either Plaintiff claims to have been incapacitated from employment (or self-
employment) or to have suffered impaired earnings capacity as an alleged result of the alleged
abuse, identify: a. the dates that each Plaintiff was incapacitated or impaired from employment;
b. the name of each Plaintiff’s employer and supervisor(s) during each alleged period of
incapacity or impairment; c. Each Plaintiff’s position/title during each period of alleged
incapacity or impairment; d. the reasons for leaving any position during a period of alleged
incapacity or impairment; e. Each Plaintiff’s wages during each period of alleged incapacity or
impairment and for the three years preceding and following such period; f. whether each
Plaintiff’s loss of income was indemnified or compensated by any source(s) and, if so, the source
and amount; g. the amount and categories of lost earnings claimed; h. Each Plaintiff’s
employers from three years before the first date of alleged abuse through the present, including
the time period of each employment and a description of Plaintiffs’ job title(s) and duties over
time at each employer; and i. if unemployment or loss of employment is alleged, the duration of
unemployment, efforts to find other employment following the last day of employment, and any
offers of employment since the last date of employment.
Response to No. 13: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs object to this request to the extent it is boilerplate
and is not tailored to the factual circumstances of the instant action. Notwithstanding these objections, and
without waiving them, and limiting the time period for their response to employment following their 18 th
birthdays, Plaintiffs collectively respond as follows: Plaintiffs allege impaired earning capacities as a result
of the Sexual Abuse. Plaintiffs’ injuries (including economic injuries) will be a subject of further discovery,
including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’
obligations under the CPLR, all other applicable Rules, and any orders of this Court. Further, Plaintiffs
individually respond as follows:
Plaintiff John SJ Doe:
Scholastic, in or around November 2019 – present;
SaveAround, in or around January 2018 – November 2019;
A.C. Moore, in or around October 2017 – January 2018; and,
Indolent Books, in or around August 2017- January 2018;
Plaintiff John SM Doe:
Wegmans, in or around November 2016 – January 2017;
Johnson City Liquor & Wine, in or around March 2017 – September 2018, and June 2021 to
present;
Private Musical Tutoring (utilizing Endicott Performing Arts Center facilities), in or around
September 2017- August 2020;
SUNY Broome Community College, in or around June 2019- December 2019; and,
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Instacart, January 2022 - present.
VERIFIED BILL OF PARTICULARS NO. 14
If either Plaintiff claims any future impairment of earnings capacity or loss of future
earnings as an alleged result of the alleged abuse, provide the amount and categories of each
such alleged impairment of loss.
Response to No. 14: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs claim damages for future impairment of earning
capacity and loss of future earnings. Plaintiffs’ injuries (including economic injuries) will be a subject of
further discovery, including expert discovery. As such, this response will be supplemented in accordance
with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 15
State the amount(s), if any, of each Plaintiff’s claim as special damages for: a.
physician’s services; b. mental health expenses; c. psychiatric expenses; d. psychological
expenses; e. social worker expenses; f. therapy expenses; g. medication; h. medical supplies; i.
hospital expenses; j. x-rays and all similar diagnostic tests; k. nursing expenses; and l. amount
and nature of any other special damages claimed.
Response to No. 15: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs’ claim for special damages includes, but is not
limited to physician’s services, mental health expenses, psychiatric expenses, psychological expenses,
social worker expenses, therapy expenses, medication, medical supplies, and hospital expenses. The
amounts claimed for each category of special damages will be a subject of further discovery, including
expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations
under the CPLR, all other applicable Rules, and any orders of this Court.
VERIFIED BILL OF PARTICULARS NO. 16
If either Plaintiff claims future special damages, identify the categories enumerated in
Demand Number 15 and amounts claimed.
Response to No. 16: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: The amounts claimed for each category of special
damages (including future special damages) will be a subject for further discovery, including expert
discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under
the CPLR, all other applicable Rules, and any orders of this Court.
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VERIFIED BILL OF PARTICULARS NO. 17
If the Complaint alleges loss of services, society, companionship and/or consortium, state
for whom the claim for loss of services is made, that person’s relationship to each Plaintiff, and
the nature, extent and duration of the alleged loss.
Response to No. 17: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs do not allege loss of services, society,
companionship, and/or consortium.
VERIFIED BILL OF PARTICULARS NO. 18
If it is alleged in the Complaint that Article 16 of the CPLR does not apply to this action,
state the basis for such claim and identify any alleged applicable exception.
Response to No. 18: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs claim that Article 16 does not apply to this
action under CPLR §§ 1602(2), (7).
VERIFIED BILL OF PARTICULARS NO. 19
If either Plaintiff claims punitive damages, describe the basis for such claim.
Response to No. 19: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving
them, Plaintiffs collectively respond as follows: Plaintiffs claim punitive damages based on Defendant’s
violation of Social Services Law § 411, et seq. Plaintiffs’ damages (including punitive damages) will be a
subject of further discovery, including expert discovery. As such, this response will be supplemented in
accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this
Court.
VERIFIED BILL OF PARTICULARS NO. 20
Other than the alleged abuse, if either Plaintiff has at any time (as a minor or as an
adult) been a victim of any form of sexual abuse or assault, identify: a. the individual(s) who
caused and/or committed such acts; b. when and where each act occurred; c. each act of sexual
abuse or assault; d. to whom such act(s) were reported; and e. any related claim, cause of
action, lawsuit or proceeding filed by or on behalf of either Plaintiff or in which either Plaintiff
13
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NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022
participated as a witness, including criminal proceedings, and the outcome of each identified
lawsuit or proceeding, to the extent known.
Response to No. 20: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs further object to this request to the extent that
it seeks information not reasonably calculated to lead to information material and necessary to this action.
Plaintiffs further object to this request as harassing. Notwithstanding these objections, and without
waiving them, Plaintiffs collectively respond as follows: Plaintiffs have not been victims of any other
form of Sexual Abuse or assault.
VERIFIED BILL OF PARTICULARS NO. 21
If either Plaintiff has at any time (as a minor or as an adult) been a victim of any form of
sexual abuse or assault other than the alleged abuse, identify each and every physical,
emotional, psychological and psychiatric injury sustained as a result of such conduct, including:
a. when the alleged injury first occurred or manifested; b. when, where and by whom (name and
address) each alleged injury was first diagnosed; c. when, where, and by whom (name and
address) treatment was sought(indicate all dates of examination and treatment); d. the dates and
length of time of any confinement to bed and/or home allegedly resulting from the alleged
injuries; e. if Plaintiffs were confirmed to hospital or any other treatment facility, provide the (i)
names of each such hospital and/or facility and (ii) the approximate dates of admission and
discharge; f. the dates and length of time of any incapacitation from activities of daily living
allegedly resulting from the alleged injuries; and g. whether each alleged physical, emotional,
psychological and/or psychiatric injury, disease, diagnosis, condition or syndrome identified is
claimed to be permanent in nature, and if not permanent, when it resolved.
Response to No. 21: Plaintiffs incorporate, to the extent applicable, the General Objections to
Defendant’s Combined Demand, set forth above. Plaintiffs further object to this request to the extent that
it seeks information not reasonably calculated to lead to information material and necessary
Preview
FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 EXHIBIT A FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BROOME JOHN SM DOE, JOHN SJ DOE, PLAINTIFFS JOHN SM DOE Plaintiffs, AND JOHN SJ DOE’S RESPONSES AND vs. OBJECTIONS TO DEFENDANT TYRELL SINCLAIR, BINGHAMTON-BROOME BINGHAMTON-BROOME COUNTY YMCA, LINNAEUS W. WEST ELEMENTARY COUNTY YMCA’S SCHOOL, UNION-ENDICOTT CENTRAL SCHOOL COMBINED DEMAND DISTRICT, Index No. EFCA2021000455 Defendants. Plaintiffs John SM Doe and John SJ Doe, by their undersigned counsel, responds and objects as follows to Defendant Binghamton Broome County YMCA’s (“YMCA” or “Defendant”) Demand for a Verified Bill of Particulars, Combined Demands, and Notice to Produce (collectively “Combined Demand”). GENERAL OBJECTIONS TO COMBINED DEMAND 1. Plaintiffs object to the requests that are boilerplate and appear to not have been tailored, or even drafted, to be responsive to Plaintiffs’ allegations in this case. Such boilerplate requests serve only to harass and unduly burden Plaintiffs, rather than to seek information relevant to their claims. Such discovery demands fall well outside the bounds of legitimate discovery. 2. Plaintiffs object to the absence of definitions from otherwise ambiguous, vague, or incomprehensible terms included in these requests. 3. Plaintiffs object to all requests that seek information that is not appropriate or producible as a document request or should be properly served on Plaintiffs as interrogatories. 1 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 4. Plaintiffs object to the requests that are overbroad, unduly burdensome, or not material, necessary, or seek documents and information relevant to the prosecution or defense of this action. 5. Plaintiffs object to the requests that are vague, ambiguous, duplicative, or require speculation as to the nature or scope of the documents sought. 6. Plaintiffs object to the requests that seek information or documents obtainable from a more convenient, less burdensome, or less expensive discovery device or source. 7. Plaintiffs object to the requests that seek to impose upon Plaintiffs obligations beyond those required by the CPLR, an order of this Court, or any other applicable rule or law. 8. Plaintiffs object to the requests that seek documents or information beyond the custody, control, or possession of Plaintiffs. 9. Plaintiffs object to the requests that seek documents no longer in existence, or purport to require Plaintiffs to create or generate documents. 10. Plaintiffs object to the requests to the extent they seek documents or information subject to any privilege or protection, including the attorney-client privilege, attorney work product doctrine, common interest privilege, confidentiality agreements or orders, settlement privilege, or any other applicable protection from disclosure. Inadvertent production of any such document or information is not intended to be, and shall not operate as, a waiver of any applicable privilege or protection, in whole or in part. 11. Plaintiffs reserve the right to amend, supplement, or correct their responses and objections. Plaintiffs further reserve the right to object to the requests, or parts thereof, after a response or partial response is provided. If Plaintiffs later produce documents that are responsive to a request, or a part thereof, to which an objection is made, such production is without waiver of the objection. 2 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 12. Without waiver of their general or specific objections, Plaintiffs are prepared to meet and confer with Defendant, to the extent necessary, concerning Plaintiffs’ responses and objections herein. DEFINITIONS 1. “Defendant YMCA” as used herein shall Defendant Binghamton-Broome County YMCA. 2. “Entity Defendants” as used herein shall mean Defendants Binghamton-Broome County YMCA, Linnaeus W. West Elementary (“LWW”) and the Union Endicott Central School District (“UECSD”) collectively. 3. “School Defendants” as used herein shall mean LWW and UECSD collectively. 4. “Defendant Sinclair” or “Sinclair” as used herein shall mean the individual defendant in this action, Tyrell Sinclair. 5. “Plaintiffs” as used herein shall mean Plaintiffs John SM Doe and John SJ Doe collectively. 6. “Plaintiff John SM Doe” as used herein shall mean Plaintiff John SM Doe. 7. “Plaintiff John SJ Doe” as used herein shall mean Plaintiff John SJ Doe. 8. “Sexual Abuse” as used herein shall mean sexual contact, oral sexual contact, or sexual conduct as defined in N.Y. Penal L. 130.00, of (or with) a person under the age of 18. The foregoing General Objections and Definitions are incorporated into each specific response and objection below as if fully repeated therein. The failure to include any General Objection in any specific response does not waive any General Objection. By answering any specific request, Plaintiff is not, nor shall he be construed as, admitting to the propriety of any specific request. 3 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 4 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 RESPONSES AND OBJECTIONS TO VERIFIED BILL OF PARTICULARS VERIFIED BILL OF PARTICULARS NO. 1: Set forth each Plaintiff’s full name including all prior legal names, maiden names, and any aliases used throughout each Plaintiff’s life, and the approximate period(s) of time over which such names were used. Response to No. 1: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs individually respond as follows: Plaintiff John SM Doe: . Plaintiff John SJ Doe: . VERIFIED BILL OF PARTICULARS NO. 2: If not previously provided, set forth each Plaintiff’s name at the time of the alleged abuse, date of birth, social security number, parents and/or guardian’s names at the time of the alleged abuse, current address, and address at the time of the alleged abuse, if known. Response to No. 2: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs object to providing their Social Security numbers on privacy grounds. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ parents’ names are David Snyder and Mary Snyder. Plaintiffs’ address at the time of the events described in the Complaint is 1362 Nanticoke Drive, Endicott, New York 13760. Further, Plaintiffs individually respond as follows: Plaintiff John SM Doe: a. DOB: , 1998; b. Current Address: 334 Prospect Street, Binghamton, NY 13905. Plaintiff John SJ Doe: a. DOB: , 1996; b. Current Address: 14 Kossuth Pl., Brooklyn, NY 11221 See Verified Bill of Particulars No. 1. VERIFIED BILL OF PARTICULARS NO. 3: With respect to the alleged sexual abuse claimed in the Complaint (“alleged abuse”), state: a. the name of each person who each Plaintiff alleges committed the alleged abuse; b. each act of alleged abuse; c. the date and approximate time of day of each occurrence of alleged abuse; d. the location(s) of the alleged abuse and, if known, the address(es) of the locations. 5 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 Response to No. 3: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: The Sexual Abuse described in the Complaint was perpetrated by Tyrell Sinclair (“Sinclair”) between in or around 2005 to 2007. Sinclair sexually abused Plaintiffs while Plaintiffs attended the afterschool program operated by the YMCA. That abuse occurred in various locations on the campus of Linnaeus W. West Elementary School (“LWW”) (1201 Union Center Maine Highway, Endicott, New York 13760), within the Union-Endicott Central School District (“UECSD”). Further, Plaintiff John SJ Doe alleges that he was harassed and abused at a YMCA summer camp located in Johnson City, New York. The approximate dates and times of each instance of abuse, as well as the address of YMCA summer camp, will be subjects of further discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 4: If Plaintiffs claim that Defendant violated any statute, law, rule, ordinance or regulation, provide the citation, including specific subdivision, of each statute, law, rule, ordinance, or regulation allegedly violated and the alleged acts or omissions giving rise to the allegation violation. Plaintiffs are required to identify the specific subdivision of New York’s penal law on which his claims are brought under the Child Victims Act. Response to No. 4: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs allege Defendant Sinclair violated the following statutes: New York Penal Law §§ 130.20 (Sexual Misconduct), 130.40 (Criminal sexual act in the third degree), 130.45 (Criminal sexual act in the second degree), 130.50 (Criminal sexual act in the first degree), 130.52 (Forcible touching), 130.60 (Sexual abuse in the second degree), 130.65 (Sexual abuse in the first degree), 130.75 (Course of sexual conduct against a child in the first degree), 130.80 (Course of sexual conduct against a child in the second degree); 130.96 (Predatory sexual assault against a child); 2510 (Endangering the welfare of a child). Plaintiffs allege that Defendants YMCA, LWW, and UECSD violated Soc. Serv. L. § 411, et seq. VERIFIED BILL OF PARTICULARS NO. 5 Identify each cause of action and/or theory of liability alleged in the Complaint, and, for each, separately describe in detail all alleged acts or omissions of each Defendant (including agents, servants, or employees who allegedly committed the alleged acts or omissions), the date of each act or omission and the basis for any contention that an alleged act or omission was (a) negligent, (b) grossly negligent or reckless and/or (c) intentional. Response to No. 5: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs allege causes of action against the Defendant YMCA for negligence (count 1), negligent retention (count 2), negligent supervision (count 3), negligent 6 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 infliction of emotional distress (count 4), and negligent misrepresentation (count 5). Plaintiffs allege YMCA’s conduct as to counts 1-5 was negligent, grossly negligent, reckless, and/or knowing and willful. Plaintiffs assert a cause of action against Defendants UECSD and LWW for negligence (count 1). Plaintiffs allege UECSD and LWW’s conduct was negligent, grossly negligent, and/or reckless. Plaintiffs allege causes of action against Defendant Sinclair for assault (count 6) and battery (count 7). Plaintiffs allege Defendant Sinclair’s conduct as to counts 6 and 7 was intentional. Plaintiffs allege breach of statutory duty to report abuse under Soc. Serv. L. § 411, et seq. (count 8) as against all Defendants. Plaintiffs allege Defendants’ conduct as to count 8 was knowing and willful. Defendants’ acts and omissions as to counts 1-8 of the Complaint are described in the Complaint. However, Defendants’ acts and omissions, as well as the dates of each act and omission by Defendants will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 6 Describe in detail each action which each Plaintiff contends should have been undertaken by each Defendant, specify when the action should have been taken, and the authority under which such action could have been taken. Response to No. 6: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ refer Defendant YMCA to the allegations of the Complaint. Defendant YMCA failed to provide adequate supervision of Sinclair and of the children in their care which allowed Sinclair to Sexually Abuse Plaintiffs while attending YMCA activities and events. Further, on information and belief, even after being provided with notice of Sinclair’s proclivity for pedophilia, the YMCA continued to employ him. Further, on information and belief, Defendant YMCA failed to report Sinclair to authorities as required under the Social Services Law despite having a reasonable suspicion of Sinclair’s proclivity for pedophilia. The actions Defendants should have taken, the authority to take such actions and the time in which Defendants should have taken such actions, will be a subjects of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 7 If either Plaintiff, or any person on either Plaintiff’s behalf, reported at any time the alleged abuse to any person, including without limitation, any Defendant, law enforcement agency, or officer, identify: a. to whom (specific individual or, if unknown, title) the report was allegedly made; b. when and how the report was allegedly communicated; and c. the information that was allegedly reported. Response to No. 7: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ refer Defendant YMCA to the allegations of 7 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 the Complaint at ¶60. Plaintiffs recall making a Complaint regarding Defendant Sinclair’s Sexual Abuse to Detective Joseph Mariano and at least one other individual in or around Spring 2007. Plaintiffs made a further complaint against Defendant Sinclair at the Broome County Sheriff’s Office. The individuals to whom Plaintiffs reported Defendant Sinclair’s sexual abuse, the approximate date(s) of such report(s), the method such reports were communicated, and the information conveyed will be a subject of further discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 8 If Plaintiffs allege that any Defendant had actual notice, awareness and/or knowledge of (a) the alleged abuse; (b) an alleged propensity of the individual(s) who allegedly abused Plaintiffs to engage in the type of conduct that caused the alleged injury and/or (c) any other alleged notice, identify: a. the information that Plaintiffs allege Defendant had; b. when Plaintiffs allege Defendant first acquired the information; c. how and from whom Plaintiffs allege Defendant acquired such information (including through agents, servants or employees); and d. any response(s) by each Defendant to such information. Response to No. 8: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ allege that Defendants had actual knowledge of Defendant Sinclair’s dangerous and exploitative propensities and/or that Defendant Sinclair was an unfit agent due to his sexual interest in children by and through their agents, servants and/or employees. See Complaint at ¶¶48-49, 51-54. Defendants’ actual knowledge of Sinclair’s Sexual Abuse of children (including Plaintiffs) will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 9 If Plaintiffs allege that Defendant had constructive notice, awareness and/or knowledge of (a) the alleged abuse; (b) an alleged propensity of the individual(s) who allegedly abused Plaintiffs to engage in the type of conduct that caused the alleged injury and/or (c) any other alleged notice, identify: a. the information that Plaintiffs allege Defendant should have had; b. when Plaintiffs allege Defendant should have first acquired the information; and c. how and from whom Plaintiffs allege Defendant should have acquired such information (including through agents, servants or employees). Response to No. 9: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ allege that Defendant YMCA had constructive notice of Defendant Sinclair’s dangerous and exploitative propensities and/or that Defendant Sinclair was an unfit agent due to his sexual interest in children by and through their agents, servants and/or employees and that Defendant YMCA knew or should have known of Defendant Sinclair’s propensities and danger to children. See Complaint at ¶¶ 50-58. The YMCA’s constructive notice of Sinclair’s Sexual Abuse of 8 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 children (including Plaintiffs) will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 10 Identify each and every physical, emotional, psychological and psychiatric injury, disease, diagnosis, condition or syndrome (collectively, “injury”) that each Plaintiff alleges resulted from the alleged abuse, including: a. when the alleged injury first occurred or manifested; b. when, where and by whom (name and address) each alleged injury was first diagnosed; c. when, where, and by whom (name and address) treatment was sought (indicate all dates of examination and treatment) for each alleged injury; d. the dates and length of time of any confinement to bed and/or home allegedly resulting from each alleged injury. e. if either Plaintiff was confined to hospital or any other treatment facility, provide for each alleged injury the (i) names of such hospital and/or facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time of any incapacitation from activities of daily living allegedly resulting from each alleged injury; and g. whether each alleged injury identified is claimed to be permanent in [] nature, and if not permanent, when it resolved. Response to No. 10: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs’ object to this request to the extent Plaintiffs are asked to provide medical information that can be obtained by Defendant via medical records requests to Plaintiffs’ medical providers. Notwithstanding these objections, and without waiving them, Plaintiffs individually respond as follows: Plaintiff John SM Doe: Plaintiff received inpatient treatment for PTSD, anxiety, depression and sleeplessness at the Greater Binghamton Health Center in or around 2015. Plaintiff further received inpatient treatment at the UHS Comprehensive Psychiatric Emergency Program (CPEP) in or around 2015. Plaintiff’s damages include, but are not limited to, extreme emotional distress, difficulty in interpersonal and familial relationships (but not including damages related to intimacy issues or difficulty in romantic or sexual relationships), shame, pain, humiliation, severe depression, suicidal ideations, attempted suicide, anxiety, PTSD, isolation and loneliness, self-loathing, disgust, low self-esteem, difficulty with individuals in positions of authority, trust issues, difficulty sleeping, nightmares, flashbacks and intrusive thoughts, stress, nervousness, fear, grief, embarrassment, and loss of enjoyment of life. Plaintiff John SJ Doe: Plaintiff was confined to Lourdes Hospital in and around March 2015 due to dehydration from an anxiety attack. Plaintiff’s damages include, but are not limited to, extreme emotional distress, difficulty in interpersonal and familial relationships (but not including damages related to intimacy issues or difficulty in romantic or sexual relationships), anxiety, PTSD, panic attacks, isolation and loneliness, self-loathing, disgust, low self-esteem, breathing issues, swallowing issues, flashbacks and intrusive thoughts, stress, nervousness, fear, grief, embarrassment, and loss of enjoyment of life. 9 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 Plaintiffs’ further collectively respond as follows: Plaintiffs’ injuries will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 11 If either Plaintiff alleges that the alleged abuse activated, exacerbated or aggravated any preexisting injury, identify each physical, emotional, psychological and/or psychiatric injury which affected each Plaintiff before the alleged abuse that each Plaintiff alleges was activated, exacerbated or aggravated as an alleged result of the alleged abuse, including: a. when the alleged activation, exacerbation or aggravation first occurred or manifested; b. when, where and by whom (name and address) each (i) alleged injury was first diagnosed and (ii) activation, aggravation or exacerbation was first diagnosed; c. when, where, and by whom (name and address) treatment for (i) the preexisting injury was sought and (ii) the subsequent activation, aggravation or exacerbation was sought (indicate all dates of examination and treatment) for each alleged injury; d. the dates and length of time of any confinement to bed and/or home allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation or exacerbation; e. if either Plaintiff was confined to hospital or any other treatment facility allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation or exacerbation, provide for each alleged injury the (i) names of each such hospital and/or facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time of any incapacitation from activities of daily living allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation or exacerbation; and g. whether each alleged injury identified is claimed to be permanent in nature, and if not permanent, when it resolved. Response to No. 11: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs’ object to this request to the extent Plaintiffs are asked to provide medical information that can be obtained by Defendant via medical records requests to Plaintiffs’ medical providers. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ injuries will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 12 If either Plaintiff has ever seen, consulted with, or received assistance of any sort from any federal, state, or local social welfare, vocational, rehabilitation or service agency, provide: a. the name and address of each such agency; b. the date(s) Plaintiffs were seen by or were clients of the agency; c. the person(s) who worked with each Plaintiff; and d. the nature of the services provided by that agency. Response to No. 12: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs object to this request as vague and ambiguous. 10 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs have not received any form of government assistance. VERIFIED BILL OF PARTICULARS NO. 13 If either Plaintiff claims to have been incapacitated from employment (or self- employment) or to have suffered impaired earnings capacity as an alleged result of the alleged abuse, identify: a. the dates that each Plaintiff was incapacitated or impaired from employment; b. the name of each Plaintiff’s employer and supervisor(s) during each alleged period of incapacity or impairment; c. Each Plaintiff’s position/title during each period of alleged incapacity or impairment; d. the reasons for leaving any position during a period of alleged incapacity or impairment; e. Each Plaintiff’s wages during each period of alleged incapacity or impairment and for the three years preceding and following such period; f. whether each Plaintiff’s loss of income was indemnified or compensated by any source(s) and, if so, the source and amount; g. the amount and categories of lost earnings claimed; h. Each Plaintiff’s employers from three years before the first date of alleged abuse through the present, including the time period of each employment and a description of Plaintiffs’ job title(s) and duties over time at each employer; and i. if unemployment or loss of employment is alleged, the duration of unemployment, efforts to find other employment following the last day of employment, and any offers of employment since the last date of employment. Response to No. 13: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs object to this request to the extent it is boilerplate and is not tailored to the factual circumstances of the instant action. Notwithstanding these objections, and without waiving them, and limiting the time period for their response to employment following their 18 th birthdays, Plaintiffs collectively respond as follows: Plaintiffs allege impaired earning capacities as a result of the Sexual Abuse. Plaintiffs’ injuries (including economic injuries) will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. Further, Plaintiffs individually respond as follows: Plaintiff John SJ Doe: Scholastic, in or around November 2019 – present; SaveAround, in or around January 2018 – November 2019; A.C. Moore, in or around October 2017 – January 2018; and, Indolent Books, in or around August 2017- January 2018; Plaintiff John SM Doe: Wegmans, in or around November 2016 – January 2017; Johnson City Liquor & Wine, in or around March 2017 – September 2018, and June 2021 to present; Private Musical Tutoring (utilizing Endicott Performing Arts Center facilities), in or around September 2017- August 2020; SUNY Broome Community College, in or around June 2019- December 2019; and, 11 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 Instacart, January 2022 - present. VERIFIED BILL OF PARTICULARS NO. 14 If either Plaintiff claims any future impairment of earnings capacity or loss of future earnings as an alleged result of the alleged abuse, provide the amount and categories of each such alleged impairment of loss. Response to No. 14: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs claim damages for future impairment of earning capacity and loss of future earnings. Plaintiffs’ injuries (including economic injuries) will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 15 State the amount(s), if any, of each Plaintiff’s claim as special damages for: a. physician’s services; b. mental health expenses; c. psychiatric expenses; d. psychological expenses; e. social worker expenses; f. therapy expenses; g. medication; h. medical supplies; i. hospital expenses; j. x-rays and all similar diagnostic tests; k. nursing expenses; and l. amount and nature of any other special damages claimed. Response to No. 15: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs’ claim for special damages includes, but is not limited to physician’s services, mental health expenses, psychiatric expenses, psychological expenses, social worker expenses, therapy expenses, medication, medical supplies, and hospital expenses. The amounts claimed for each category of special damages will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 16 If either Plaintiff claims future special damages, identify the categories enumerated in Demand Number 15 and amounts claimed. Response to No. 16: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: The amounts claimed for each category of special damages (including future special damages) will be a subject for further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. 12 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 VERIFIED BILL OF PARTICULARS NO. 17 If the Complaint alleges loss of services, society, companionship and/or consortium, state for whom the claim for loss of services is made, that person’s relationship to each Plaintiff, and the nature, extent and duration of the alleged loss. Response to No. 17: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs do not allege loss of services, society, companionship, and/or consortium. VERIFIED BILL OF PARTICULARS NO. 18 If it is alleged in the Complaint that Article 16 of the CPLR does not apply to this action, state the basis for such claim and identify any alleged applicable exception. Response to No. 18: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs claim that Article 16 does not apply to this action under CPLR §§ 1602(2), (7). VERIFIED BILL OF PARTICULARS NO. 19 If either Plaintiff claims punitive damages, describe the basis for such claim. Response to No. 19: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs claim punitive damages based on Defendant’s violation of Social Services Law § 411, et seq. Plaintiffs’ damages (including punitive damages) will be a subject of further discovery, including expert discovery. As such, this response will be supplemented in accordance with Plaintiffs’ obligations under the CPLR, all other applicable Rules, and any orders of this Court. VERIFIED BILL OF PARTICULARS NO. 20 Other than the alleged abuse, if either Plaintiff has at any time (as a minor or as an adult) been a victim of any form of sexual abuse or assault, identify: a. the individual(s) who caused and/or committed such acts; b. when and where each act occurred; c. each act of sexual abuse or assault; d. to whom such act(s) were reported; and e. any related claim, cause of action, lawsuit or proceeding filed by or on behalf of either Plaintiff or in which either Plaintiff 13 FILED: BROOME COUNTY CLERK 08/08/2022 02:45 PM INDEX NO. EFCA2021000455 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/08/2022 participated as a witness, including criminal proceedings, and the outcome of each identified lawsuit or proceeding, to the extent known. Response to No. 20: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs further object to this request to the extent that it seeks information not reasonably calculated to lead to information material and necessary to this action. Plaintiffs further object to this request as harassing. Notwithstanding these objections, and without waiving them, Plaintiffs collectively respond as follows: Plaintiffs have not been victims of any other form of Sexual Abuse or assault. VERIFIED BILL OF PARTICULARS NO. 21 If either Plaintiff has at any time (as a minor or as an adult) been a victim of any form of sexual abuse or assault other than the alleged abuse, identify each and every physical, emotional, psychological and psychiatric injury sustained as a result of such conduct, including: a. when the alleged injury first occurred or manifested; b. when, where and by whom (name and address) each alleged injury was first diagnosed; c. when, where, and by whom (name and address) treatment was sought(indicate all dates of examination and treatment); d. the dates and length of time of any confinement to bed and/or home allegedly resulting from the alleged injuries; e. if Plaintiffs were confirmed to hospital or any other treatment facility, provide the (i) names of each such hospital and/or facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time of any incapacitation from activities of daily living allegedly resulting from the alleged injuries; and g. whether each alleged physical, emotional, psychological and/or psychiatric injury, disease, diagnosis, condition or syndrome identified is claimed to be permanent in nature, and if not permanent, when it resolved. Response to No. 21: Plaintiffs incorporate, to the extent applicable, the General Objections to Defendant’s Combined Demand, set forth above. Plaintiffs further object to this request to the extent that it seeks information not reasonably calculated to lead to information material and necessary