On June 19, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
K. F.,
and
Diocese Of Rockville Centre,
St. Hugh Of Lincoln Roman Catholic Church,
for Torts - Child Victims Act
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 08/28/2020 10:19 PM INDEX NO. 900044/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/28/2020
Exhibit C
.
FILED: NASSAU COUNTY CLERK 08/28/2020 10:19 PM INDEX NO. 900044/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------- ----- ¬------------------------ x
K.F., Index No.: 900044/2020
Plaintiff,
-against- MEMORANDUM OF LR
DIOCESE OF ROCKVILLE CENTRE; and ST. HUGH
OF LINCOLN ROMAN CATHOLIC CHURCH,
Defendants.
-------- --------------------------------------------------- x
I. ALL SCANDALOUS AND PREJUDICIAL MATTER MUST BE STRICKEN
FROM THE COMPLAINT
Pursuant to CPLR Rule 324(b) a party may move to strike any scandalous or
prejudicial matter unnecessarily inserted in a pleading. In determining what is unnecessarily
inserted and what is scandalous, the court usually looks to the language or matter complained of
in the complaint and determines whether it isrelevant to the claim. The claim or cause of action
must also be valid to begin with. If a cause of action which is not recognized or cognizable
under New York is asserted, inflammatory language should be stricken if it's directed towards
(2nd
that claim. Aronis v. TLC Vision Centers, Inc., 49 A.D.3d 576, 853 N.Y.S.2d 621
2008). See Generally, Schachter v. Massachusetts Protective Ass'n, 30 A.D.2d 540, 291
(2nd (1"
N.Y.S.2d 128 Dep't 1968) and Koos v. Ludwig, 22 A.D.2d 666, 253 N.Y.S.2d 380
Dep't 1964).
Matters which are only indirectly relevant at best may be stricken during the
pleading stage if prejudicial and scandalous notwithstanding the fact that it may be later
determined by the trialjudge that they are admissible. Guiliana v. Chirooractic Institute of New
York, 42 Misc.2d 429, 256 N.Y.S.2d 967 (Sup. Ct. Kings County 1965).
FILED: NASSAU COUNTY CLERK 08/28/2020 10:19 PM INDEX NO. 900044/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/28/2020
Scandalous allegations which are immaterial and not relevant to the controversy
in an evidentiary sense should be stricken. Barter v. Barter, 20 A.D.2d 727, 248 N.Y.S.2d 77
(2nd (4th
Dep't 1964) and Wegman v. Diarylea. Co.. Oos, Inc., 50 A.D.2d 108, 376 N.Y.S.2d 728
Dep't 1975). Finally, allegations which are not necessary for the sufficiency of the cause of
action and may instill undue prejudice in a jury should not be inserted at the pleadings stage.
Weeman v. Diarylea. Co.. Ons. Inc., supra and VanCaloen v. Poglinco, 214 A.D.2d 555, 625
(2nd
N.Y.S.2d 245 Dep't 1995).
defendants'
For reasons stated in the affirmation in support of the motion, the
identified paragraphs should be stricken in accordance with the above case law.
C_ONCLUSION
Based upon the foregoing it is respectfully submitted that the court grant the
defendants'
motion to strike scandalous and prejudicial language from the complaint in its
entirety and for such other and further relief as this court may deem just and proper.
Dated: Great River, New York
August 28, 2020
JO P . NADOR, ESQ.
JMN:vp
[M92820MOL]
Document Filed Date
August 28, 2020
Case Filing Date
June 19, 2020
Category
Torts - Child Victims Act
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FILED: NASSAU COUNTY CLERK 08/28/2020 10:19 PM INDEX NO. 900044/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/28/2020 Exhibit C . FILED: NASSAU COUNTY CLERK 08/28/2020 10:19 PM INDEX NO. 900044/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------- ----- ¬------------------------ x K.F., Index No.: 900044/2020 Plaintiff, -against- MEMORANDUM OF LR DIOCESE OF ROCKVILLE CENTRE; and ST. HUGH OF LINCOLN ROMAN CATHOLIC CHURCH, Defendants. -------- --------------------------------------------------- x I. ALL SCANDALOUS AND PREJUDICIAL MATTER MUST BE STRICKEN FROM THE COMPLAINT Pursuant to CPLR Rule 324(b) a party may move to strike any scandalous or prejudicial matter unnecessarily inserted in a pleading. In determining what is unnecessarily inserted and what is scandalous, the court usually looks to the language or matter complained of in the complaint and determines whether it isrelevant to the claim. The claim or cause of action must also be valid to begin with. If a cause of action which is not recognized or cognizable under New York is asserted, inflammatory language should be stricken if it's directed towards (2nd that claim. Aronis v. TLC Vision Centers, Inc., 49 A.D.3d 576, 853 N.Y.S.2d 621 2008). See Generally, Schachter v. Massachusetts Protective Ass'n, 30 A.D.2d 540, 291 (2nd (1" N.Y.S.2d 128 Dep't 1968) and Koos v. Ludwig, 22 A.D.2d 666, 253 N.Y.S.2d 380 Dep't 1964). Matters which are only indirectly relevant at best may be stricken during the pleading stage if prejudicial and scandalous notwithstanding the fact that it may be later determined by the trialjudge that they are admissible. Guiliana v. Chirooractic Institute of New York, 42 Misc.2d 429, 256 N.Y.S.2d 967 (Sup. Ct. Kings County 1965). FILED: NASSAU COUNTY CLERK 08/28/2020 10:19 PM INDEX NO. 900044/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/28/2020 Scandalous allegations which are immaterial and not relevant to the controversy in an evidentiary sense should be stricken. Barter v. Barter, 20 A.D.2d 727, 248 N.Y.S.2d 77 (2nd (4th Dep't 1964) and Wegman v. Diarylea. Co.. Oos, Inc., 50 A.D.2d 108, 376 N.Y.S.2d 728 Dep't 1975). Finally, allegations which are not necessary for the sufficiency of the cause of action and may instill undue prejudice in a jury should not be inserted at the pleadings stage. Weeman v. Diarylea. Co.. Ons. Inc., supra and VanCaloen v. Poglinco, 214 A.D.2d 555, 625 (2nd N.Y.S.2d 245 Dep't 1995). defendants' For reasons stated in the affirmation in support of the motion, the identified paragraphs should be stricken in accordance with the above case law. C_ONCLUSION Based upon the foregoing it is respectfully submitted that the court grant the defendants' motion to strike scandalous and prejudicial language from the complaint in its entirety and for such other and further relief as this court may deem just and proper. Dated: Great River, New York August 28, 2020 JO P . NADOR, ESQ. JMN:vp [M92820MOL]