Preview
FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------- ----------------------X
JOHN DOE,
Index No.: 951296/2021
Plaintiff,
VERIFIED ANSWER
-against-
ARCHDIOCESE OF NEW YORK, HOLY CHILD
CHURCH, HOLY CHILD SCHOOL OF
RELIGION, and MORGAN KUHL,
Defendants.
X
Answering Defendant, ARCHDIOCESE OF NEW YORK ("the Archdiocese"), by its
attorneys, BLEAKLEY PLATT & SCHMIDT, LLP, answering the Verified Complaint of
Plaintiff (the "Complaint") herein, upon information and belief, respectfully alleges:
"1"
1. The allegations contained in the paragraph designated of the Complaint
contain legal conclusions that do not require an admission or denial and the balance of the
averments in this paragraph are directed to another Defendant and, therefore, no response is
required and none is made. However, to the extent a response is required, answering defendant
"1"
denies each and every allegation contained in the paragraph designated of plaintiff's
Complaint.
2. Denies knowledge or information sufficient to form a belief with respect to the
"2"
allegations contained in the paragraph designated of the Complaint, except admits the
Archdiocese was incorporated in 1981 pursuant to the New York Religious Corporations Law §
15.
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3. Denies knowledge or information sufficient to form a belief with respect to the
"3"
allegations contained in the paragraph designated of the Complaint, except admits that the
Archdiocese principal place of business is located at 1011 First Avenue, New York, NY 10022.
4. Denies knowledge or information sufficient to form a belief as to the allegations
"4"
contained in the paragraph designated of the Complaint.
5. Denies knowledge or information sufficient to form a belief with respect to the
"5"
allegations contained in the paragraph designated of the Complaint.
6. Denies knowledge or information sufficient to form a belief with respect to the
"6"
allegations contained in the paragraph designated of the Complaint.
7. Denies knowledge or information sufficient to form a belief with respect to the
"7"
allegations contained in the paragraph designated of the Complaint.
"8"
8. The allegations coñtained in the paragraph designated of the Complaint
contaiñ legal conclusions that do not require an admission or denial and the balance of the
averments in this paragraph are directed to another Defendant and, therefore, no response is
required and none is made. However, to the extent a response is required, answering defendant
"8"
denies each and every allegation contained in the paragraph designated of plaintiff's
Complaint.
"9"
9. Denies each and every allegation contained in the paragraph designated of the
Complaint.
"10"
10. Denies each and every allegation contained in the paragraph designated of
the Complaint.
"11"
11. Denies each and every allegation contained in the paragraph designated of
the Complaint.
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12. Denies knowledge or information sufficient to form a belief with respect to the
"12"
allegations contained in the paragraph designated of the Complaint.
13. Denies knowledge or information sufficient to form a belief with respect to the
"13"
allegations contained in the paragraph designated of the Complaint.
"14"
14. Denies each and every allegation contained in the paragraph designated of
the Complaint.
"15"
15. Denies each and every allegation contained in the paragraph designated of
the Complaint.
16. Denies knowledge or information sufficient to form a belief with respect to the
"16"
allegations contained in the paragraph designated of the Complaint.
"17"
17. Denies each and every allegation contained in the paragraph designated of
the Complaint.
"18"
18. Denies each and every allegation contained in the paragraph designated of
the Complaint.
"19"
19. Denies each and every allegation contained in the paragraph designated of
the Complaint.
20. Denies knowledge or information sufficient to form a belief as to the allegations
"20"
contained in the paragraph designated of the Complaint.
21. Denies knowledge or information sufficient to form a belief as to the allegations
"21"
contained in the paragraph designated of the Complaint.
22. Denies knowledge or information sufficient to form a belief as to the allegations
"22"
contained in the paragraph designated of the Complaint.
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23. Denies knowledge or information sufficient to form a belief as to the allegations
"23"
contained in the paragraph designated of the Complaint.
AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION
"24"
24. The Archdiocese answering paragraph of the Complaint repeats, reiterates
"1"
and re-alleges each and every denial and admission concerning paragraphs through "23",
inclusive of the Complaint in the Answer thereto with the same force and effect as though fully
set forth at length.
"25"
25. Denies each and every allegation contained in the paragraph designated of
the Complaint and begs leave to refer all questions of law to the Court at the time of trial.
"26"
26. Denies the allegations contained in the paragraph designated of the
Complaint.
"27"
27. Denies the allegations contained in the paragraph designated of the
Complaint.
"28"
28. Denies the allegations contained in the paragraph designated of the
Complaint.
"29"
29. Denies the allegations contained in the paragraph designated of the
Complaint.
"30"
30. Denies each and every allegation contained in the paragraph designated of
the Complaint and begs leave to refer all questions of law to the Court at the time of trial.
"31"
31. Denies each and every allegation contained in the paragraph designated of
the Complaint and begs leave to refer all questions of law to the Court at the time of trial.
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AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION
"32"
32. The Archdiocese answering paragraph of the Comnlaint repeats, reiterates
"1"
and re-alleges each and every denial and admission concerning paragraphs through "31",
inclusive of the Complaint in the Answer thereto with the same force and effect as though fully
set forth at length.
"33"
33. The allegations contained in the paragraph designated of the Complaint
contain legal conclusions that do not require an admission or denial and the balance of the
avermeñts in this paragraph are directed to another Defendant and, therefore, no response is
required and none is made. However, to the extent a response is required, answering defendant
"33"
denies each and every allegation contained in the paragraph designated of plaintiff's
Complaint.
"34"
34. Denies the allegations contained in the paragraph designated of the
Complaint.
"35"
35. Denies the allegations contained in the paragraph designated of the
Complaint.
"36"
36. Denies the allegations contained in the paragraph designated of the
Complaint.
"37"
37. Denies the allegations contained in the paragraph designated of the
Complaint.
"38"
38. Denies the allegations contained in the paragraph designated of the
Complaint.
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AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION
"39"
39. The Archdiocese answering paragraph of the Complaint repeats, reiterates
"1"
and re-alleges each and every denial and admission concerning paragraphs through "38",
inclusive of the Complaint in the Answer thereto with the same force and effect as though fully
set forth at length.
"40"
40. The allegations contained in the paragraph designated of the Complaint
contain legal conclusions that do not require an admission or denial and the balance of the
avennents in this paragraph are directed to another Defendant and, therefore, no response is
required and none is made. However, to the extent a response is required, answering defendant
"40"
denies each and every allegation contained in the paragraph designated of plaintiff's
Complaint.
"41"
41. Denies the allegations contained in the paragraph designated of the
Complaint.
"42"
42. Denies the allegations contained in the paragraph designated of the
Complaint.
"43"
43. Denies the allegations contained in the paragraph designated of the
Complaint.
"44"
44. Denies the allegations contained in the paragraph designated of the
Complaint.
"45"
45. Denies the allegations contained in the paragraph designated of the
Complaint.
"46"
46. Denies the allegations contained in the paragraph designated of the
Complaint.
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"47"
47. Denies the allegations contained in the paragraph designated of the
Complaint.
"48"
48. Denies the allegations contained in the paragraph designated of the
Complaint.
AS AND FOR A RESPONSE TO THE FOURTH CAUSE OF ACTION
"49"
49. The Archdiocese answering paragraph of the Complaint repeats, reiterates
"1"
and re-alleges each and every denial and admission concerning paragraphs through "48",
inclusive of the Complaint in the Answer thereto with the same force and effect as though fully
set forth at length.
50. Denies knowledge or information sufficient to form a belief as to the allegations
"50"
contained in the paragraph designated of the Complaint.
51. Denies knowledge or information sufficient to form a belief as to the allegations
"51"
contained in the paragraph designated of the Complaint.
52. Denies knowledge or information sufficient to form a belief as to the allegations
"52"
contained in the paragraph designated of the Complaint.
53. Denies knowledge or information sufficient to form a belief as to the allegations
"53"
contained in the paragraph designated of the Complaint.
AS AND FOR A RESPONSE TO THE FIFTH CAUSE OF ACTION
"54"
54. The Archdiocese answering paragraph of the Complaint repeats, reiterates
"1"
and re-alleges each and every denial and admission concerning paragraphs through "53",
inclusive of the Complaint in the Answer thereto with the same force and effect as though fully
set forth at length.
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55. Denies knowledge or information sufficient to form a belief as to the allegations
"55"
contained in the paragraph designated of the Complaint.
56. Denies knowledge or information sufficient to form a belief as to the allegations
"56"
contained in the paragraph designated of the Complaint.
57. Denies knowledge or information sufficient to form a belief as to the allegations
"57"
contained in the paragraph designated of the Complaint.
58. Denies knowledge or information sufficient to form a belief as to the allegations
"58"
contained in the paragraph designated of the Complaint.
59. Denies knowledge or information sufficient to form a belief as to the allegations
"59"
contained in the paragraph designated of the Complaint.
AS AND FOR A RESPONSE TO THE SIXTH CAUSE OF ACTIO_P{
"60"
60. The Archdiocese answering paragraph of the Complaint repeats, reiterates
"1"
and re-alleges each and every denial and admission concerning paragraphs through "59",
inclusive of the Complaint in the Answer thereto with the same force and effect as though fully
set forth at length.
61. Denies knowledge or information sufficient to form a belief as to the allegations
"61"
contained in the paragraph designated of the Complaint.
62. Denies knowledge or information sufficient to form a belief as to the allegations
"62"
contained in the paragraph designated of the Complaint.
63. Denies knowledge or information sufficient to form a belief as to the allegations
"63"
contained in the paragraph designated of the Complaint.
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AFFIRMATIVE AND OTHER DEFENSES
64. In further response to Plaintiff's Complaint, the Archdiocese hereby asserts the
following affirmative and other defenses, without conceding that itbears the burden of
persuasion as to any of them except those deemed affirmative defenses by law, regardless of how
such defenses are denominated herein. Nor does the Archdiocese admit that Plaintiff is relieved
of their burden to prove each and every element of their claims and the damages, if any, to which
they claimed to be entitled. As for itsdefenses, the Archdiocese reasserts and reincorporates as
if fully set forth herein its responses, above, to the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
65. In the event that a settlement occurs, all of the provisions of General Obligations
Law 15-108 are applicable.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
66. The Archdiocese pleads and reserves the right to claim the limitations of liability
pursuant to Article 16 of the CPLR for any recovery herein by Plaintiff for any non-economic
loss.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
67. Upon information and belief, some or all of Plaintiff's damages are barred and/or
subject to CPLR 4545.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
68. The Archdiocese is entitled to a reduction in damages for any amount Plaintiff has
received as collateral source payment as defined and applied by the Civil Practice Law and
Rules.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
69. The Verified Complaint herein, and each cause of action thereof, fails to set forth
facts sufficient to state a claim upon which relief may be granted against the Archdiocese and
further fails to state facts sufficient to entitle Plaintiff to the relief sought or to any other relief
whatsoever from the Archdiocese.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
70. The Complaint herein, and each cause of action thereof, fails to set forth facts
sufficiently detailed as to "give the court and parties notice of the transactions, occurrences, or
series of transactions or occurrences, intended to be proved and the material elements of each
defense."
cause of action or Se e CPLR 3013.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
71. Upon information and belief, the occurrence alleged in the Complaint herein, if
proven true, was unfortunate, unforeseeable, and could not have been prevented by the
Archdiocese.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
72. The servants, agents and/or employees of the Archdiocese did not take part in or
direct the acts complained of.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
73. If the Plaintiff was abused in the manner alleged, such abuse was not caused or
due to the acts or omissions of the Archdiocese, its agents, servants and/or employees.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
74. It isalleged in the Verified Complaint that the damages sustained by the Plaintiff
were the result of the acts of the Defendants. The Archdiocese denies such acts occurred but in
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the event it isdetermined that such acts did occur and were undertaken by an employee of the
Archdiocese, then the Archdiocese alleges that such acts were outside the scope of the authority
and employment of the Archdiocese and performed for a purpose foreign to any employment
with the Archdiocese, and were not ratified or consented to by the Archdiocese.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
75. It isalleged in the Verified Complaint that the damages sustained by the Plaintiff
were the result of the acts of the Defendants. The Archdiocese denies such acts occurred but in
the event it isdetermined that such acts did occur and were undertaken by an employee of the
Archdiocese, then the Archdiocese alleges that itdid not have any notice or awareness of any
propensity on the part of any employee to commit such acts as alleged in the Verified Complaint.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
76. The Verified Complaint, to the extent that itseeks exemplary or punitive
damages, violates the Archdiocese's right to procedural due process under the Fourteenth
Amendment of the United States Constitution and the Constitution of the State of New York, and
therefore fails to state a cause of action upon which either punitive or exemplary damages can be
awarded.
AS AND FOR A THIRTEENTH AFFIRMATIVE D_EFENSE
77. The Verified Complaint, to the extent that it seeks punitive or exemplary
fines"
damages, violates the Archdiocese's right to protection from "excessive as provided in the
Eighth Amendment of the United States Constitution and the Constitution of the State of New
York and violates the Archdiocese's right to substantive due process as provided in the Fifth and
Fourteenth Amendments of the United States Constitution of the State of New York, and
therefore fails to state a cause of action supporting the punitive or exemplary damages claimed.
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AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
78. The Archdiocese is informed and believes and, on that basis, alleges that the
Verified Complaint, and each cause of action therein, is barred by reason of Article VI of the
United States Constitution.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
79. In the event that a court determines that the passage and enactment of CPLR §
214-g violates the Due Process rights of the Archdiocese pursuant to the Fourteenth Amendment
of the United States Constitution and Article 1, § 6 of the New York State Constitution and/or
freedom of religion protections pursuant to the First Amendment of the United States
Constitution, the Archdiocese will seek dismissal of this action.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
80. The Archdiocese's adoption of and compliance with the religious and canonical
customs, norms, and usages of the Roman Catholic Church and its compliance with and its
determinations made under Canon Law are protected by the First Amendment of the United
States Constitution and Article 1, §§ 3 and 11 of the New York State Constitution.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
81. In the event the Archdiocese is liable, and Plaintiff has provable damages,
Plaintiff failed to mitigate such damages when Plaintiff had an opportunity to do so.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
82. The causes of action set forth in the Verified Complaint failto state a cause of
action and are subject to dismissal pursuant to CPLR § 3211(a)(7).
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AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
83. Plaintiff has failed to name necessary and indispensable parties to this action.
AS AND FOR A TWENTIENTH AFFIRMATIVE DEFENSE
84. The Archdiocese reserves the right to amend and supplement itsaffirmative and
other defenses to include additional defenses at such time and to such extent as warranted by
discovery and the factual developments in this case.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
85. Plaintiff, through representations and/or actions, has waived their right to sue and,
therefore cannot sustain this action against the Archdiocese.
AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
86. In the event Plaintiff received satisfaction in exchange for execution of a general
release by Plaintiff identifying the Archdiocese as a releasee, Plaintiff cannot sustain this action
against the Archdiocese based on the doctrine of release and satisfaction.
WHEREFORE, Defendant Archdiocese demands judgment dismissing plaintiff's
Complaint against itwith the costs and disbursements of this action and further relief as this
Court may deem just and proper.
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ATTORNEY'S CERTIFICATION
The undersigned hereby certifies that, to the best of the undersigned's knowledge,
information and belief formed after a reasonable inquiry under the circumstances, the
presentation of the within Answer or the contentions contained herein is/are not frivolous as
defined in 22 NYCRR § 130-1.1(c).
Dated: White Plains, New York
November 11, 2021
BLEAKLEY PL & SCHMIDT, LLP
By:
WILLIA P. HARRINGTON
JOHN .. LOVELESS
Co-Counsel for Defendant, The Roman Catholic
Archdiocese of New York
ONE NORTH LEXINGTON AVENUE
WHITE PLAINS, NY 10601
Phone: (914) 949-2700
Email: wpharrington@bpslaw.com
Email: iloveless@bpslaw.com
LEAHEY & JOHNSON, P.C.
JOANNE FILIBERTI and
PETER JAMES JOHNSON, JR.
Co-Counsel for Defendant, The Roman Catholic
Archdiocese of New York
120 WALL STREET, SUITE 2220
NEW YORK, NY 10005
Phone: (212) 269-7308
Email: jfilibertird)leahevandjohnson.com
TO: Jordan Merson, Esq.
MERSON LAW, PLLC
Attorneys for Plaintiff
950 Third Avenue
1882
Floor
New York, NY 10022
(212) 603-9100
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
JOHN J. L OVELESS, being duly sworn, deposes and says;
I am an attorney at law duly admitted to practice law in the Courts of the State of New
York and I am a member of the law firm of Bleakley Platt & Schmidt, LLP, attorneys for
Answering Defendant, the ARCHDIOCESE OF NEW YORK, in the within matter. I have read
the annexed Verified Answer to Verified Complaint, know the contents thereof, and the same are
true to my knowledge, except those matters therein which are stated to be alleged on information
and belief, and as to those matters I believe them to be true. My belief, as to those matters not
stated upon knowledge, is based upon material contained in my file.
The reason why I make this Verification is that my client is not located within the County
where I maintain my office.
J. LOVELESS
Sworn to before me this
11th
day of November, 2021
Notary Public
MAUREEN HUGHES
State ofNew York
Notary Public.
No. 01HU6140115
Qualified in Westchester County
Expires January 17, 20
Commission
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FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------- ----------------------X JOHN DOE, Index No.: 951296/2021 Plaintiff, VERIFIED ANSWER -against- ARCHDIOCESE OF NEW YORK, HOLY CHILD CHURCH, HOLY CHILD SCHOOL OF RELIGION, and MORGAN KUHL, Defendants. X Answering Defendant, ARCHDIOCESE OF NEW YORK ("the Archdiocese"), by its attorneys, BLEAKLEY PLATT & SCHMIDT, LLP, answering the Verified Complaint of Plaintiff (the "Complaint") herein, upon information and belief, respectfully alleges: "1" 1. The allegations contained in the paragraph designated of the Complaint contain legal conclusions that do not require an admission or denial and the balance of the averments in this paragraph are directed to another Defendant and, therefore, no response is required and none is made. However, to the extent a response is required, answering defendant "1" denies each and every allegation contained in the paragraph designated of plaintiff's Complaint. 2. Denies knowledge or information sufficient to form a belief with respect to the "2" allegations contained in the paragraph designated of the Complaint, except admits the Archdiocese was incorporated in 1981 pursuant to the New York Religious Corporations Law § 15. 1 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 3. Denies knowledge or information sufficient to form a belief with respect to the "3" allegations contained in the paragraph designated of the Complaint, except admits that the Archdiocese principal place of business is located at 1011 First Avenue, New York, NY 10022. 4. Denies knowledge or information sufficient to form a belief as to the allegations "4" contained in the paragraph designated of the Complaint. 5. Denies knowledge or information sufficient to form a belief with respect to the "5" allegations contained in the paragraph designated of the Complaint. 6. Denies knowledge or information sufficient to form a belief with respect to the "6" allegations contained in the paragraph designated of the Complaint. 7. Denies knowledge or information sufficient to form a belief with respect to the "7" allegations contained in the paragraph designated of the Complaint. "8" 8. The allegations coñtained in the paragraph designated of the Complaint contaiñ legal conclusions that do not require an admission or denial and the balance of the averments in this paragraph are directed to another Defendant and, therefore, no response is required and none is made. However, to the extent a response is required, answering defendant "8" denies each and every allegation contained in the paragraph designated of plaintiff's Complaint. "9" 9. Denies each and every allegation contained in the paragraph designated of the Complaint. "10" 10. Denies each and every allegation contained in the paragraph designated of the Complaint. "11" 11. Denies each and every allegation contained in the paragraph designated of the Complaint. 2 2 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 12. Denies knowledge or information sufficient to form a belief with respect to the "12" allegations contained in the paragraph designated of the Complaint. 13. Denies knowledge or information sufficient to form a belief with respect to the "13" allegations contained in the paragraph designated of the Complaint. "14" 14. Denies each and every allegation contained in the paragraph designated of the Complaint. "15" 15. Denies each and every allegation contained in the paragraph designated of the Complaint. 16. Denies knowledge or information sufficient to form a belief with respect to the "16" allegations contained in the paragraph designated of the Complaint. "17" 17. Denies each and every allegation contained in the paragraph designated of the Complaint. "18" 18. Denies each and every allegation contained in the paragraph designated of the Complaint. "19" 19. Denies each and every allegation contained in the paragraph designated of the Complaint. 20. Denies knowledge or information sufficient to form a belief as to the allegations "20" contained in the paragraph designated of the Complaint. 21. Denies knowledge or information sufficient to form a belief as to the allegations "21" contained in the paragraph designated of the Complaint. 22. Denies knowledge or information sufficient to form a belief as to the allegations "22" contained in the paragraph designated of the Complaint. 3 3 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 23. Denies knowledge or information sufficient to form a belief as to the allegations "23" contained in the paragraph designated of the Complaint. AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION "24" 24. The Archdiocese answering paragraph of the Complaint repeats, reiterates "1" and re-alleges each and every denial and admission concerning paragraphs through "23", inclusive of the Complaint in the Answer thereto with the same force and effect as though fully set forth at length. "25" 25. Denies each and every allegation contained in the paragraph designated of the Complaint and begs leave to refer all questions of law to the Court at the time of trial. "26" 26. Denies the allegations contained in the paragraph designated of the Complaint. "27" 27. Denies the allegations contained in the paragraph designated of the Complaint. "28" 28. Denies the allegations contained in the paragraph designated of the Complaint. "29" 29. Denies the allegations contained in the paragraph designated of the Complaint. "30" 30. Denies each and every allegation contained in the paragraph designated of the Complaint and begs leave to refer all questions of law to the Court at the time of trial. "31" 31. Denies each and every allegation contained in the paragraph designated of the Complaint and begs leave to refer all questions of law to the Court at the time of trial. 4 4 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION "32" 32. The Archdiocese answering paragraph of the Comnlaint repeats, reiterates "1" and re-alleges each and every denial and admission concerning paragraphs through "31", inclusive of the Complaint in the Answer thereto with the same force and effect as though fully set forth at length. "33" 33. The allegations contained in the paragraph designated of the Complaint contain legal conclusions that do not require an admission or denial and the balance of the avermeñts in this paragraph are directed to another Defendant and, therefore, no response is required and none is made. However, to the extent a response is required, answering defendant "33" denies each and every allegation contained in the paragraph designated of plaintiff's Complaint. "34" 34. Denies the allegations contained in the paragraph designated of the Complaint. "35" 35. Denies the allegations contained in the paragraph designated of the Complaint. "36" 36. Denies the allegations contained in the paragraph designated of the Complaint. "37" 37. Denies the allegations contained in the paragraph designated of the Complaint. "38" 38. Denies the allegations contained in the paragraph designated of the Complaint. 5 5 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION "39" 39. The Archdiocese answering paragraph of the Complaint repeats, reiterates "1" and re-alleges each and every denial and admission concerning paragraphs through "38", inclusive of the Complaint in the Answer thereto with the same force and effect as though fully set forth at length. "40" 40. The allegations contained in the paragraph designated of the Complaint contain legal conclusions that do not require an admission or denial and the balance of the avennents in this paragraph are directed to another Defendant and, therefore, no response is required and none is made. However, to the extent a response is required, answering defendant "40" denies each and every allegation contained in the paragraph designated of plaintiff's Complaint. "41" 41. Denies the allegations contained in the paragraph designated of the Complaint. "42" 42. Denies the allegations contained in the paragraph designated of the Complaint. "43" 43. Denies the allegations contained in the paragraph designated of the Complaint. "44" 44. Denies the allegations contained in the paragraph designated of the Complaint. "45" 45. Denies the allegations contained in the paragraph designated of the Complaint. "46" 46. Denies the allegations contained in the paragraph designated of the Complaint. 6 6 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 "47" 47. Denies the allegations contained in the paragraph designated of the Complaint. "48" 48. Denies the allegations contained in the paragraph designated of the Complaint. AS AND FOR A RESPONSE TO THE FOURTH CAUSE OF ACTION "49" 49. The Archdiocese answering paragraph of the Complaint repeats, reiterates "1" and re-alleges each and every denial and admission concerning paragraphs through "48", inclusive of the Complaint in the Answer thereto with the same force and effect as though fully set forth at length. 50. Denies knowledge or information sufficient to form a belief as to the allegations "50" contained in the paragraph designated of the Complaint. 51. Denies knowledge or information sufficient to form a belief as to the allegations "51" contained in the paragraph designated of the Complaint. 52. Denies knowledge or information sufficient to form a belief as to the allegations "52" contained in the paragraph designated of the Complaint. 53. Denies knowledge or information sufficient to form a belief as to the allegations "53" contained in the paragraph designated of the Complaint. AS AND FOR A RESPONSE TO THE FIFTH CAUSE OF ACTION "54" 54. The Archdiocese answering paragraph of the Complaint repeats, reiterates "1" and re-alleges each and every denial and admission concerning paragraphs through "53", inclusive of the Complaint in the Answer thereto with the same force and effect as though fully set forth at length. 7 7 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 55. Denies knowledge or information sufficient to form a belief as to the allegations "55" contained in the paragraph designated of the Complaint. 56. Denies knowledge or information sufficient to form a belief as to the allegations "56" contained in the paragraph designated of the Complaint. 57. Denies knowledge or information sufficient to form a belief as to the allegations "57" contained in the paragraph designated of the Complaint. 58. Denies knowledge or information sufficient to form a belief as to the allegations "58" contained in the paragraph designated of the Complaint. 59. Denies knowledge or information sufficient to form a belief as to the allegations "59" contained in the paragraph designated of the Complaint. AS AND FOR A RESPONSE TO THE SIXTH CAUSE OF ACTIO_P{ "60" 60. The Archdiocese answering paragraph of the Complaint repeats, reiterates "1" and re-alleges each and every denial and admission concerning paragraphs through "59", inclusive of the Complaint in the Answer thereto with the same force and effect as though fully set forth at length. 61. Denies knowledge or information sufficient to form a belief as to the allegations "61" contained in the paragraph designated of the Complaint. 62. Denies knowledge or information sufficient to form a belief as to the allegations "62" contained in the paragraph designated of the Complaint. 63. Denies knowledge or information sufficient to form a belief as to the allegations "63" contained in the paragraph designated of the Complaint. 8 8 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 AFFIRMATIVE AND OTHER DEFENSES 64. In further response to Plaintiff's Complaint, the Archdiocese hereby asserts the following affirmative and other defenses, without conceding that itbears the burden of persuasion as to any of them except those deemed affirmative defenses by law, regardless of how such defenses are denominated herein. Nor does the Archdiocese admit that Plaintiff is relieved of their burden to prove each and every element of their claims and the damages, if any, to which they claimed to be entitled. As for itsdefenses, the Archdiocese reasserts and reincorporates as if fully set forth herein its responses, above, to the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 65. In the event that a settlement occurs, all of the provisions of General Obligations Law 15-108 are applicable. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 66. The Archdiocese pleads and reserves the right to claim the limitations of liability pursuant to Article 16 of the CPLR for any recovery herein by Plaintiff for any non-economic loss. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 67. Upon information and belief, some or all of Plaintiff's damages are barred and/or subject to CPLR 4545. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 68. The Archdiocese is entitled to a reduction in damages for any amount Plaintiff has received as collateral source payment as defined and applied by the Civil Practice Law and Rules. 9 9 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 69. The Verified Complaint herein, and each cause of action thereof, fails to set forth facts sufficient to state a claim upon which relief may be granted against the Archdiocese and further fails to state facts sufficient to entitle Plaintiff to the relief sought or to any other relief whatsoever from the Archdiocese. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 70. The Complaint herein, and each cause of action thereof, fails to set forth facts sufficiently detailed as to "give the court and parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of each defense." cause of action or Se e CPLR 3013. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 71. Upon information and belief, the occurrence alleged in the Complaint herein, if proven true, was unfortunate, unforeseeable, and could not have been prevented by the Archdiocese. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 72. The servants, agents and/or employees of the Archdiocese did not take part in or direct the acts complained of. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 73. If the Plaintiff was abused in the manner alleged, such abuse was not caused or due to the acts or omissions of the Archdiocese, its agents, servants and/or employees. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 74. It isalleged in the Verified Complaint that the damages sustained by the Plaintiff were the result of the acts of the Defendants. The Archdiocese denies such acts occurred but in 10 10 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 the event it isdetermined that such acts did occur and were undertaken by an employee of the Archdiocese, then the Archdiocese alleges that such acts were outside the scope of the authority and employment of the Archdiocese and performed for a purpose foreign to any employment with the Archdiocese, and were not ratified or consented to by the Archdiocese. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 75. It isalleged in the Verified Complaint that the damages sustained by the Plaintiff were the result of the acts of the Defendants. The Archdiocese denies such acts occurred but in the event it isdetermined that such acts did occur and were undertaken by an employee of the Archdiocese, then the Archdiocese alleges that itdid not have any notice or awareness of any propensity on the part of any employee to commit such acts as alleged in the Verified Complaint. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 76. The Verified Complaint, to the extent that itseeks exemplary or punitive damages, violates the Archdiocese's right to procedural due process under the Fourteenth Amendment of the United States Constitution and the Constitution of the State of New York, and therefore fails to state a cause of action upon which either punitive or exemplary damages can be awarded. AS AND FOR A THIRTEENTH AFFIRMATIVE D_EFENSE 77. The Verified Complaint, to the extent that it seeks punitive or exemplary fines" damages, violates the Archdiocese's right to protection from "excessive as provided in the Eighth Amendment of the United States Constitution and the Constitution of the State of New York and violates the Archdiocese's right to substantive due process as provided in the Fifth and Fourteenth Amendments of the United States Constitution of the State of New York, and therefore fails to state a cause of action supporting the punitive or exemplary damages claimed. 11 11 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 78. The Archdiocese is informed and believes and, on that basis, alleges that the Verified Complaint, and each cause of action therein, is barred by reason of Article VI of the United States Constitution. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 79. In the event that a court determines that the passage and enactment of CPLR § 214-g violates the Due Process rights of the Archdiocese pursuant to the Fourteenth Amendment of the United States Constitution and Article 1, § 6 of the New York State Constitution and/or freedom of religion protections pursuant to the First Amendment of the United States Constitution, the Archdiocese will seek dismissal of this action. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 80. The Archdiocese's adoption of and compliance with the religious and canonical customs, norms, and usages of the Roman Catholic Church and its compliance with and its determinations made under Canon Law are protected by the First Amendment of the United States Constitution and Article 1, §§ 3 and 11 of the New York State Constitution. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 81. In the event the Archdiocese is liable, and Plaintiff has provable damages, Plaintiff failed to mitigate such damages when Plaintiff had an opportunity to do so. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 82. The causes of action set forth in the Verified Complaint failto state a cause of action and are subject to dismissal pursuant to CPLR § 3211(a)(7). 12 12 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 83. Plaintiff has failed to name necessary and indispensable parties to this action. AS AND FOR A TWENTIENTH AFFIRMATIVE DEFENSE 84. The Archdiocese reserves the right to amend and supplement itsaffirmative and other defenses to include additional defenses at such time and to such extent as warranted by discovery and the factual developments in this case. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 85. Plaintiff, through representations and/or actions, has waived their right to sue and, therefore cannot sustain this action against the Archdiocese. AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE 86. In the event Plaintiff received satisfaction in exchange for execution of a general release by Plaintiff identifying the Archdiocese as a releasee, Plaintiff cannot sustain this action against the Archdiocese based on the doctrine of release and satisfaction. WHEREFORE, Defendant Archdiocese demands judgment dismissing plaintiff's Complaint against itwith the costs and disbursements of this action and further relief as this Court may deem just and proper. 13 13 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 ATTORNEY'S CERTIFICATION The undersigned hereby certifies that, to the best of the undersigned's knowledge, information and belief formed after a reasonable inquiry under the circumstances, the presentation of the within Answer or the contentions contained herein is/are not frivolous as defined in 22 NYCRR § 130-1.1(c). Dated: White Plains, New York November 11, 2021 BLEAKLEY PL & SCHMIDT, LLP By: WILLIA P. HARRINGTON JOHN .. LOVELESS Co-Counsel for Defendant, The Roman Catholic Archdiocese of New York ONE NORTH LEXINGTON AVENUE WHITE PLAINS, NY 10601 Phone: (914) 949-2700 Email: wpharrington@bpslaw.com Email: iloveless@bpslaw.com LEAHEY & JOHNSON, P.C. JOANNE FILIBERTI and PETER JAMES JOHNSON, JR. Co-Counsel for Defendant, The Roman Catholic Archdiocese of New York 120 WALL STREET, SUITE 2220 NEW YORK, NY 10005 Phone: (212) 269-7308 Email: jfilibertird)leahevandjohnson.com TO: Jordan Merson, Esq. MERSON LAW, PLLC Attorneys for Plaintiff 950 Third Avenue 1882 Floor New York, NY 10022 (212) 603-9100 14 14 of 15 FILED: NEW YORK COUNTY CLERK 11/11/2021 02:45 PM INDEX NO. 951296/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/11/2021 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) JOHN J. L OVELESS, being duly sworn, deposes and says; I am an attorney at law duly admitted to practice law in the Courts of the State of New York and I am a member of the law firm of Bleakley Platt & Schmidt, LLP, attorneys for Answering Defendant, the ARCHDIOCESE OF NEW YORK, in the within matter. I have read the annexed Verified Answer to Verified Complaint, know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters not stated upon knowledge, is based upon material contained in my file. The reason why I make this Verification is that my client is not located within the County where I maintain my office. J. LOVELESS Sworn to before me this 11th day of November, 2021 Notary Public MAUREEN HUGHES State ofNew York Notary Public. No. 01HU6140115 Qualified in Westchester County Expires January 17, 20 Commission 15 15 of 15