Preview
FILED: NEW YORK COUNTY CLERK 11/09/2021 12:59 PM INDEX NO. 951296/2021
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOHN DOE,
Plaintiff, VERIFIED ANSWER
-against- Index No. 951296/2021
ARCHDIOCESE OF NEW YORK, HOLY CHILD
CHURCH, HOLY CHILD SCHOOL OF RELIGION,
and MORGAN KUHL,
Defendants.
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Defendant Morgan Kuhl (“Defendant”), by and through his attorneys, McLaughlin
& Stern LLP, as and for his Verified Answer to the plaintiff’s Verified Complaint
(“Complaint”), states upon information and belief as follows:
1. Denies having knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraphs designated 2-4, 6 and 11 of the plaintiff’s
Complaint.
2. Denies each and every allegation set forth in paragraphs designated 1, 12-
19, 23, 25-31, 34-38, 40-48, 50-53, 55-59, and 61-63 of the plaintiff’s Complaint.
3. Admits each and every allegation set forth in paragraphs designated 5 and
7-10 of the plaintiff’s Complaint.
4. Repeats and realleges each and every allegation set forth in paragraphs
designated 24, 32, 39, 49. 54, and 60 of the plaintiff’s Complaint.
5. Cannot admit or deny the allegations set forth in paragraph designated 33
of the plaintiff’s Complaint because it calls for a legal conclusion.
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6. Defendant denies the allegations set forth in paragraph designated 20 of the
Complaint, except admits that in approximately 2001 or 2002 the Archdiocese assigned
him to a different location that was, upon information and belief, owned and operated by
the Archdiocese.
7. Defendant refers to the guilty plea for the terms and conditions therein in
response to the allegations set forth in paragraph designated 21 of the Complaint.
8. Defendant denies the allegations set forth in paragraph designated 22 of the
Complaint, except admits that in or around 2003 he requested to be laicized as a priest in
the Catholic Church.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
9. Defendant denies liability, but if liability is found against Defendant and the
liability is found to be 50% or less of the total liability assigned to all persons liable, then
Defendant invokes the limits on liability for noneconomic loss set forth in CPLR §1601.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
10. Defendant asserts the terms, provisions, limitations and rights contained in
CPLR §4545.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
11. If the Plaintiff was abused in the manner alleged, such abuse was not caused
or due to the acts or omissions of the Defendant.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
12. In the event that a court determines that the passage and enactment of CPLR
§214-g violates the United States Constitution and/or the New York State Constitution,
Defendant will seek dismissal of this action.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
13. Defendant reserves the right to amend and supplement his affirmative and
other defenses to include additional defenses at such time and to such extent as warranted
by discovery and the factual developments in this action.
WHEREFORE, Defendant, by and through his attorneys, McLaughlin & Stern
LLP, respectfully demands judgment dismissing the Complaint, herein; together with the
costs and disbursements of this action; and for such other and further relief as to this
Honorable Court may seem just, proper and equitable.
Dated: New York, New York
November 9, 2021
McLaughlin & Stern LLP
By:_______________________
Alan E. Sash
Attorneys for Defendant Morgan Kuhl
260 Madison Avenue
New York, NY 10016
(212) 448-1100
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ATTORNEY VERIFICATION
Alan E. Sash, an attorney duly licensed to practice law in the State of New York,
affirms the following to be true under penalty of perjury:
1. I am a member of McLaughlin & Stern, LLP, attorneys for Morgan Kuhl.
2. I have read the foregoing Answer and know the contents thereof to be true
based on my investigation of this matter and upon information and belief, which matters I
believe to be true. The reason that this verification is made by me, in lieu of Morgan Kuhl,
is that Morgan Kuhl resides in a county outside of the county wherein I maintain my law
office.
Dated: New York, New York
November 9, 2021
____________________________
Alan E. Sash
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FILED: NEW YORK COUNTY CLERK 11/09/2021 12:59 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------x JOHN DOE, Plaintiff, VERIFIED ANSWER -against- Index No. 951296/2021 ARCHDIOCESE OF NEW YORK, HOLY CHILD CHURCH, HOLY CHILD SCHOOL OF RELIGION, and MORGAN KUHL, Defendants. ----------------------------------------------------------------x Defendant Morgan Kuhl (“Defendant”), by and through his attorneys, McLaughlin & Stern LLP, as and for his Verified Answer to the plaintiff’s Verified Complaint (“Complaint”), states upon information and belief as follows: 1. Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs designated 2-4, 6 and 11 of the plaintiff’s Complaint. 2. Denies each and every allegation set forth in paragraphs designated 1, 12- 19, 23, 25-31, 34-38, 40-48, 50-53, 55-59, and 61-63 of the plaintiff’s Complaint. 3. Admits each and every allegation set forth in paragraphs designated 5 and 7-10 of the plaintiff’s Complaint. 4. Repeats and realleges each and every allegation set forth in paragraphs designated 24, 32, 39, 49. 54, and 60 of the plaintiff’s Complaint. 5. Cannot admit or deny the allegations set forth in paragraph designated 33 of the plaintiff’s Complaint because it calls for a legal conclusion. {N0367145.1} 6253263v.1 1 of 4 FILED: NEW YORK COUNTY CLERK 11/09/2021 12:59 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/09/2021 6. Defendant denies the allegations set forth in paragraph designated 20 of the Complaint, except admits that in approximately 2001 or 2002 the Archdiocese assigned him to a different location that was, upon information and belief, owned and operated by the Archdiocese. 7. Defendant refers to the guilty plea for the terms and conditions therein in response to the allegations set forth in paragraph designated 21 of the Complaint. 8. Defendant denies the allegations set forth in paragraph designated 22 of the Complaint, except admits that in or around 2003 he requested to be laicized as a priest in the Catholic Church. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 9. Defendant denies liability, but if liability is found against Defendant and the liability is found to be 50% or less of the total liability assigned to all persons liable, then Defendant invokes the limits on liability for noneconomic loss set forth in CPLR §1601. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 10. Defendant asserts the terms, provisions, limitations and rights contained in CPLR §4545. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 11. If the Plaintiff was abused in the manner alleged, such abuse was not caused or due to the acts or omissions of the Defendant. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 12. In the event that a court determines that the passage and enactment of CPLR §214-g violates the United States Constitution and/or the New York State Constitution, Defendant will seek dismissal of this action. {N0367145.1} 2 of 4 FILED: NEW YORK COUNTY CLERK 11/09/2021 12:59 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/09/2021 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 13. Defendant reserves the right to amend and supplement his affirmative and other defenses to include additional defenses at such time and to such extent as warranted by discovery and the factual developments in this action. WHEREFORE, Defendant, by and through his attorneys, McLaughlin & Stern LLP, respectfully demands judgment dismissing the Complaint, herein; together with the costs and disbursements of this action; and for such other and further relief as to this Honorable Court may seem just, proper and equitable. Dated: New York, New York November 9, 2021 McLaughlin & Stern LLP By:_______________________ Alan E. Sash Attorneys for Defendant Morgan Kuhl 260 Madison Avenue New York, NY 10016 (212) 448-1100 {N0367145.1} 3 of 4 FILED: NEW YORK COUNTY CLERK 11/09/2021 12:59 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/09/2021 ATTORNEY VERIFICATION Alan E. Sash, an attorney duly licensed to practice law in the State of New York, affirms the following to be true under penalty of perjury: 1. I am a member of McLaughlin & Stern, LLP, attorneys for Morgan Kuhl. 2. I have read the foregoing Answer and know the contents thereof to be true based on my investigation of this matter and upon information and belief, which matters I believe to be true. The reason that this verification is made by me, in lieu of Morgan Kuhl, is that Morgan Kuhl resides in a county outside of the county wherein I maintain my law office. Dated: New York, New York November 9, 2021 ____________________________ Alan E. Sash {N0367145.1} 4 of 4