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  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
  • 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 Torts - Child Victims Act document preview
						
                                

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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 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X 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. -----------------------------------------------------------------X 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. {N0975607-1} 1 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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 {N0975607-1} -2- 2 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -3- 3 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -4- 4 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -5- 5 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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 {N0975607-1} -6- 6 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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 {N0975607-1} -7- 7 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -8- 8 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -9- 9 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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 {N0975607-1} -10- 10 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -11- 11 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -12- 12 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -13- 13 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -14- 14 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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. {N0975607-1} -15- 15 of 24 FILED: NEW YORK COUNTY CLERK 08/28/2020 09:31 AM INDEX NO. 950057/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/28/2020 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} -16- 16 of 24 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