Answer: A. T. v. The Archdiocese Of New York, Sisters Of Charity Of St. Louis Of New York State, Inc., St. Joseph By-The-Sea High School

On February 26, 2020 a Answer was filed involving a dispute between A. T., and Sisters Of Charity Of St. Louis Of New York State, Inc., St. Joseph By-The-Sea High School, The Archdiocese Of New York, for Torts - Child Victims Act in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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A.T.,
Index No.: 950057/2020
Plaintiff,

-against-
ANSWER TO
THE ARCHDIOCESE OF NEW YORK, SISTERS OF AMENDED COMPLAINT
CHARITY OF ST. VINCENT DE PAUL OF NEW
YORK and ST. JOSEPH BY-THE-SEA HIGH
SCHOOL,

Defendants.
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The answering Defendant, ST. JOSEPH BY-THE-SEA HIGH SCHOOL, by its

attorneys, McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C., answering the Amended

Complaint of Plaintiff, dated June 3, 2020, upon information and belief, respectfully alleges:

AS TO THE “NATURE OF THE ACTION”

FIRST: The answering Defendant acknowledges the existence of the Child Victims

Act.

SECOND: The allegations contained in the paragraph designated “2” of the Amended

Complaint contains compound factual allegations and legal conclusions as to contact between Fr.

Joseph Ansaldi and Plaintiff. These allegations do not require an admission or denial by ST.

JOSEPH BY-THE-SEA HIGH SCHOOL, but ST. JOSEPH BY-THE-SEA HIGH

SCHOOL denies knowledge or information sufficient to form a belief as to those allegations.

ST. JOSEPH BY-THE-SEA HIGH SCHOOL only admits that Fr. Joseph Ansaldi was in

service at ST. JOSEPH BY-THE-SEA HIGH SCHOOL many years ago, denies the balance of

the averments therein and refers all questions of law to this Honorable Court at the time of trial.

THIRD: Denies knowledge or information thereof sufficient to form a belief as to the

truth of the allegations contained in paragraph designated “3” of the Amended Complaint.
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FOURTH: The allegations contained in the paragraph designated “4” of the Amended

Complaint contains compound factual allegations and legal conclusions as to contact between Fr.

Joseph Ansaldi and Plaintiff. These allegations do not require an admission or denial by ST.

JOSEPH BY-THE-SEA HIGH SCHOOL, but ST. JOSEPH BY-THE-SEA HIGH

SCHOOL denies knowledge or information sufficient to form a belief as to those allegations.

ST. JOSEPH BY-THE-SEA HIGH SCHOOL only admits that Fr. Joseph Ansaldi was in

service at ST. JOSEPH BY-THE-SEA HIGH SCHOOL many years ago.

FIFTH: The allegations contained in paragraph designated “5” do not require an

admission or denial by ST. JOSEPH BY-THE-SEA HIGH SCHOOL, and as to those

allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL denies knowledge or information

sufficient to form a belief as to the truth of those allegations.

SIXTH: Denies each and every allegation contained in the paragraph designated “6”

of the Amended Complaint and refers all questions of law to these Honorable Courts at the time

of trial.

SEVENTH: Denies each and every allegation contained in the paragraph designated

“7” of the Amended Complaint and refers all questions of law to this Honorable Court at the

time of trial.

AS TO “PARTIES”

EIGHTH: The allegations contained in paragraph designated “8” of the Amended

Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA HIGH

SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL denies

knowledge or information sufficient to form a belief as to the truth of those allegations.

NINTH: The allegations contained in paragraph designated “9” of the Amended

Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA HIGH

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SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL denies

knowledge or information sufficient to form a belief as to the truth of those allegations.

TENTH: The allegations contained in paragraph designated “10” of the Amended

Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA HIGH

SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL denies

knowledge or information sufficient to form a belief as to the truth of those allegations.

ELEVENTH: The allegations contained in paragraph designated “11” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

TWELFTH: Admits the allegations contained in paragraph designated “12” of the

Amended Complaint.

THIRTEENTH: Denies each and every allegation contained in the paragraph

designated “13” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FOURTEENTH: Denies each and every allegation contained in the paragraph

designated “14” of the Amended Complaint.

FIFTEENTH: The allegations contained in paragraph designated “15” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

SIXTEENTH: Denies each and every allegation contained in the paragraph

designated “16” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

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SEVENTEENTH: The allegations contained in the paragraph designated “17” of the

Amended Complaint do not require an admission or denial by this Answering Defendant.

AS TO “FACTUAL ALLEGATIONS”

EIGHTEENTH: The answering defendant repeats, reiterates and re-alleges each and

every prior response to paragraphs designated “1” through “17” of Plaintiff's Amended

Complaint by way of its response to paragraph numbered “18” with the same force and effect as

if set forth more fully herein.

NINETEENTH: The allegations contained in paragraph designated “19” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

TWENTIETH: The allegations contained in paragraph designated “20” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

TWENTY-FIRST: Denies each and every allegation contained in the paragraph

designated “21” of the Amended Complaint. Defendant ST. JOSEPH BY-THE-SEA HIGH

SCHOOL only admits that Fr. Ansaldi served it as a faculty member many years ago and refers

all questions of law to this Honorable Court at the time of trial.

TWENTY-SECOND: The allegations contained in paragraph designated “22” of

the Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

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TWENTY-THIRD: The allegations contained in the paragraph designated “23” of the

Amended Complaint contains compound factual allegations and legal conclusions as to contact

between Fr. Joseph Ansaldi and unidentified individuals. These allegations do not require an

admission or denial by ST. JOSEPH BY-THE-SEA HIGH SCHOOL, but ST. JOSEPH BY-

THE-SEA HIGH SCHOOL denies knowledge or information sufficient to form a belief as to

those allegations. ST. JOSEPH BY-THE-SEA HIGH SCHOOL only admits that Fr. Joseph

Ansaldi was in service at ST. JOSEPH BY-THE SEA HIGH SCHOOL many years ago.

TWENTY-FOURTH: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago.

TWENTY-FIFTH: Denies each and every allegation contained in the paragraph

designated “25” of the Amended Complaint

TWENTY-SIXTH: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago

TWENTY-SEVENTH: Denies knowledge or information sufficient to form a belief

as to the truth of the allegation that Plaintiff was a student at ST. JOSEPH BY-THE SEA

HIGH SCHOOL many years ago as Plaintiff remains anonymous.

TWENTY-EIGHTH: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago.

TWENTY-NINTH: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago, denies the balance of the

averments contained in the paragraph designed “29” of the Amended Complaint and refers all

questions of law to this Honorable Court at the time of trial.

THIRTIETH: Admits only that Fr. Ansaldi served on the faculty of ST. JOSEPH

BY-THE-SEA HIGH SCHOOL many years ago.

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THIRTY-FIRST: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago, denies the balance of the

averments contained in the paragraph designed “31” of the Amended Complaint and refers all

questions of law to this Honorable Court at the time of trial.

THIRTY-SECOND: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago, denies the balance of the

averments contained in the paragraph designed “32” of the Amended Complaint and refers all

questions of law to this Honorable Court at the time of trial.

THIRTY-THIRD: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago, denies the balance of the

averments contained in the paragraph designed “33” of the Amended Complaint and refers all

questions of law to this Honorable Court at the time of trial.

THIRTY-FOURTH: The allegations contained in the paragraph designated “34”

of the Amended Complaint contain compound factual allegations and legal conclusions

regarding plaintiff’s state of mind with respect to any impressions or beliefs plaintiff may have

had about Fr. Ansaldi or anyone else. ST. JOSEPH BY-THE-SEA HIGH SCHOOL denies

knowledge or information sufficient to form a belief as to those allegations.

THIRTY-FIFTH: Admits only that Fr. Ansaldi served on the faculty of ST.

JOSEPH BY-THE-SEA HIGH SCHOOL many years ago.

THIRTY-SIXTH: The allegations contained in the paragraph designated “36” of the

Amended Complaint contains compound factual allegations and legal conclusions as to contact

between Fr. Joseph Ansaldi and Plaintiff. These allegations do not require an admission or

denial by ST. JOSEPH BY-THE-SEA HIGH SCHOOL, but ST. JOSEPH BY-THE-SEA

HIGH SCHOOL denies knowledge or information sufficient to form a belief as to those

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allegations. ST. JOSEPH BY-THE-SEA HIGH SCHOOL only admits that Fr. Joseph Ansaldi

was in service at ST. JOSEPH BY-THE SEA HIGH SCHOOL many years ago.

THIRTY-SEVENTH: The allegations contained in the paragraph designated “37”

of the Amended Complaint contains compound factual allegations and legal conclusions as to

contact between Fr. Joseph Ansaldi and Plaintiff. These allegations do not require an admission

or denial by ST. JOSEPH BY-THE-SEA HIGH SCHOOL, but ST. JOSEPH BY-THE-SEA

HIGH SCHOOL denies knowledge or information sufficient to form a belief as to those

allegations. ST. JOSEPH BY-THE-SEA HIGH SCHOOL only admits that Fr. Joseph Ansaldi

was in service at ST. JOSEPH BY-THE SEA HIGH SCHOOL many years ago.

THIRTY-EIGHTH: Denies each and every allegation contained in the paragraph

designated “38” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

THIRTY-NINTH: Denies each and every allegation contained in the paragraph

designated “39” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FORTIETH: Denies each and every allegation contained in the paragraph

designated “40” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FORTY-FIRST: The allegations contained in paragraph designated “41” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

FORTY-SECOND: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law, denies the balance of the

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averments in the paragraph designated as “42”of the Amended Complaint and refers all

questions of law to this Honorable Court at the time of trial.

FORTY-THIRD: Denies each and every allegation contained in the paragraph

designated “43” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FORTY-FOURTH: Denies each and every allegation contained in the paragraph

designated “44” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FORTY-FIFTH: Denies each and every allegation contained in the paragraph

designated “45” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FORTY-SIXTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law and refers all questions of law to

this Honorable Court at the time of trial.

FORTY-SEVENTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH

SCHOOL owed and met a duty of care pursuant to New York State Law and refers all questions

of law to this Honorable Court at the time of trial. ST. JOSEPH BY-THE-SEA HIGH

SCHOOL denies the balance of the averments in the paragraph designated “47” of the Amended

Complaint.

FORTY-EIGHTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law and refers all questions of law to

this Honorable Court at the time of trial. ST. JOSEPH BY-THE-SEA HIGH SCHOOL denies

the balance of the averments in the paragraph designated “48” of the Amended Complaint.

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FORTY-NINTH: Denies each and every allegation contained in the paragraph

designated “49” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTIETH: Denies each and every allegation contained in the paragraph

designated “50” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT I -
NEGLIGENT HIRING RETENTION, SUPERVISION AND DIRECTION

FIFTY-FIRST: The answering defendant repeats, reiterates and re-alleges each and

every prior response to paragraphs designated “1” through “50” of the Amended Complaint by

way of its response to paragraph numbered “51” with the same force and effect as if set forth

more fully herein.

FIFTY-SECOND: Denies each and every allegation contained in the paragraph

designated “52” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTY-THIRD: Denies each and every allegation contained in the paragraph

designated “53” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTY-FOURTH: Denies each and every allegation contained in the paragraph

designated “54” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTY-FIFTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law and refers all questions of law to

this Honorable Court at the time of trial.

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FIFTY-SIXTH: Denies each and every allegation contained in the paragraph

designated “56” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTY-SEVENTH: Denies each and every allegation contained in the paragraph

designated “57” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTY-EIGHTH: Denies each and every allegation contained in the paragraph

designated “358” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

FIFTY-NINTH: Denies each and every allegation contained in the paragraph

designated “59” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SIXTIETH: Denies each and every allegation contained in the paragraph

designated “60” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SIXTY-FIRST: Denies each and every allegation contained in the paragraph

designated “61” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SIXTY-SECOND: Denies each and every allegation contained in the paragraph

designated “62” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT II -
NEGLIGENT, RECKLESS AND WILLFUL MISCONDUCT

SIXTY-THIRD: The answering Defendant repeats, reiterates and re-alleges each and

every prior response to paragraphs designated “1” through “62” of the Amended Complaint by

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way of its response to paragraph numbered “63” with the same force and effect as if set forth

more fully herein.

SIXTY-FOURTH: Denies each and every allegation contained in the paragraph

designated “64” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SIXTY-FIFTH: Denies each and every allegation contained in the paragraph

designated “65” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SIXTY-SIXTH: The allegations contained in paragraph designated “66” of the

Amended Complaint contain legal conclusions that do not require an admission or denial. To the

extent that a response is required, ST. JOSEPH BY-THE-SEA HIGH SCHOOL admits only

that it believes the School to be a safe place for minor children. All other averments in this

paragraph are directed to other parties and, therefore, no response is required and none is made.

SIXTY-SEVENTH: Denies each and every allegation contained in the paragraph

designated “67” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SIXTY-EIGHTH: The allegations contained in paragraph designated “68” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

SIXTY-NINTH: The allegations contained in paragraph designated “69” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

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SEVENTIETH: The allegations contained in paragraph designated “70” of the

Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

SEVENTY-FIRST: Denies each and every allegation contained in the paragraph

designated “71” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SEVENTY-SECOND: The allegations contained in paragraph designated “72” of

the Amended Complaint do not require an admission or denial by ST. JOSEPH BY-THE-SEA

HIGH SCHOOL, and as to those allegations, ST. JOSEPH BY-THE-SEA HIGH SCHOOL

denies knowledge or information sufficient to form a belief as to the truth of those allegations.

SEVENTY-THIRD: Denies each and every allegation contained in the paragraph

designated “73” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SEVENTY-FOURTH: Denies each and every allegation contained in the

paragraph designated “74” of the Amended Complaint and refers all questions of law to this

Honorable Court at the time of trial.

SEVENTY-FIFTH: Denies each and every allegation contained in the paragraph

designated “75” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

SEVENTY-SIXTH: Denies each and every allegation contained in the paragraph

designated “76” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

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SEVENTY-SEVENTH: Denies each and every allegation contained in the

paragraph designated “77” of the Amended Complaint and refers all questions of law to this

Honorable Court at the time of trial.

SEVENTY-EIGHTH: Denies each and every allegation contained in the

paragraph designated “78” of the Amended Complaint and refers all questions of law to this

Honorable Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT III -
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

SEVENTY-NINTH: The answering Defendant repeats, reiterates and re-alleges

each and every prior response to paragraphs designated “1” through “78” of the Amended

Complaint by way of its response to paragraph numbered “79” with the same force and effect as

if set forth more fully herein.

EIGHTIETH: The allegations contained in the paragraph designated “80” of the

Amended Complaint contains compound factual allegations and legal conclusions as to contact

between Fr. Joseph Ansaldi and Plaintiff. These allegations do not require an admission or

denial by ST. JOSEPH BY-THE-SEA HIGH SCHOOL, but ST. JOSEPH BY-THE-SEA

HIGH SCHOOL denies knowledge or information sufficient to form a belief as to those

allegations. ST. JOSEPH BY-THE-SEA HIGH SCHOOL only admits that Fr. Joseph Ansaldi

was in service at ST. JOSEPH BY-THE SEA HIGH SCHOOL many years ago.

EIGHTY-FIRST: Denies each and every allegation contained in the paragraph

designated “81” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

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EIGHTY-SECOND: Denies each and every allegation contained in the

paragraph designated “82” of the Amended Complaint and refers all questions of law to this

Honorable Court at the time of trial.

EIGHTY-THIRD: Denies each and every allegation contained in the paragraph

designated “83” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

EIGHTY-FOURTH: Denies each and every allegation contained in the paragraph

designated “84” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT IV - PREMISES LIABILITY

EIGHTY-FIFTH: The answering Defendant repeats, reiterates and re-alleges each and

every prior response to paragraphs designated “1” through “84” of the Amended Complaint by

way of its response to paragraph numbered “85” with the same force and effect as if set forth

more fully herein.

EIGHTY-SIXTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH

SCHOOL operates a Roman Catholic High School located at its principal place of business at

5150 Hylan Boulevard, Staten Island, New York, denies the balance of the averments contained

in the paragraph designated as “86” of the Amended Complaint and refers all questions of law to

this Honorable Court at the time of trial.

EIGHTY-SEVENTH: Denies knowledge or information sufficient to form a belief

as to the truth of the allegation that Plaintiff was a student at ST. JOSEPH BY-THE SEA

HIGH SCHOOL many years ago as Plaintiff remains anonymous.

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EIGHTY-EIGHTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law and refers all questions of law to

this Honorable Court at the time of trial.

EIGHTY-NINTH: Denies each and every allegation contained in the paragraph

designated “89” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

NINETIETH: Denies each and every allegation contained in the paragraph

designated “90” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

NINETY-FIRST: Denies each and every allegation contained in the paragraph

designated “91” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT V - BREACH OF FIDUCIARY DUTY

NINETY-SECOND: The answering Defendant repeats, reiterates and re-alleges

each and every prior response to paragraphs designated “1” through “91” of the Amended

Complaint by way of its response to paragraph numbered “92” with the same force and effect as

if set forth more fully herein.

NINETY-THIRD: Admits only that ST. JOSEPH BY-THE-SEA HIGH

SCHOOL owed and met a duty of care pursuant to New York State Law and refers all questions

of law to this Honorable Court at the time of trial.

NINETY-FOURTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law and refers all questions of law to

this Honorable Court at the time of trial.

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NINETY-FIFTH: Denies each and every allegation contained in the paragraph

designated “95” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

NINETY-SIXTH: Denies each and every allegation contained in the paragraph

designated “96” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

NINETY-SEVENTH: Denies each and every allegation contained in the paragraph

designated “97” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT VI - BREACH OF DUTY IN LOCO PARENTIS

NINETY-EIGHTH: The answering Defendant repeats, reiterates and re-alleges each

and every prior response to paragraphs designated “1” through “97” of the Amended Complaint

by way of its response to paragraph numbered “98” with the same force and effect as if set forth

more fully herein.

NINETY-NINTH: Admits only that ST. JOSEPH BY-THE-SEA HIGH SCHOOL

owed and met a duty of care pursuant to New York State Law and refers all questions of law to

this Honorable Court at the time of trial.

ONE HUNDREDTH: Denies each and every allegation contained in the paragraph

designated “100” of the Amended Complaint and refers all questions of law to this Honorable

Court at the time of trial.

ONE HUNDRED FIRST: Denies each and every allegation contained in the

paragraph designated “101” of the Amended Complaint and refers all questions of law to this

Honorable Court at the time of trial.

{N0975607-1}
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FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020

ONE HUNDRED SECOND: Denies each and every allegation contained in the

paragraph designated “102” of the Amended Complaint and refers all questions of law to this

Honorable Court at the time of trial.

AS AND FOR A RESPONSE TO COUNT VII-
BREACH OF STATUTORY DUTIES TO REPORT

ONE HUNDRED THIRD: The answering Defendant repeats, reiterates and re-alleges

each and every prior

Case Info

Judge

Laurence L. Love Track Judge’s New Case

Case No.

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Document Filed Date

August 28, 2020

Case Filing Date

February 26, 2020

County

Parties

A. T. Plaintiff
BERBENICH, ROBERT WILLIAM Attorney for the Defendant
BOULHOSA, MICHAEL L. Attorney for the Defendant
DERUVE, MICHAEL JOSEPH Attorney for the Plaintiff
FILIBERTI, JOANNE Attorney for the Defendant
MCGIVNEY, LAWRENCE J Attorney for the Defendants
PAOLICELLI, DIANE M. Attorney for the Plaintiff
ROSS, KENNETH SCOTT Attorney for the Defendant
SANDERS, ALLISON JILL Attorney for the Defendant
SISTERS OF CHARITY OF ST. LOUIS OF NEW YORK STATE, INC. Defendant
ST. JOSEPH BY-THE-SEA HIGH SCHOOL Defendant
THE ARCHDIOCESE OF NEW YORK Defendant
SHANNON GALLAGHER Attorneys for Defendants
RICHARD DELL Attorneys for Defendants
MICHAEL DORE Attorneys for Plaintiffs
BRENDAN TULLY Attorneys for Plaintiffs
MICHAEL DEL VALLE Attorneys for Plaintiffs
MICHAEL MCCONNELL Attorneys for Defendants

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