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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/26/2020
EXHIBIT A
FILED:
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NO. 33
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1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
2 JANET VEGA, as mother and natural guardian of
F 1 , an infant, and JANET VEGA, Index No.:
3 individually,
Purchased:
4 Plaintiff,
SUMMONS
5 vs.
Plaintiff designates New York County
6 THE CITY OF NEW YORK, THE NEW YORK CITY as the place of trial.
ADMINISTRATION FOR CHILDREN'S SERVICES,
7 SCO FAMILY OF SERVICES, and JEWISH CHILD The basis of venue is Plaintiff's
CARE ASSOCIATION OF NEW YORK, residence at:
8
112th
Defendants. 236 East Street, Apartment 56
9 New York, New York 10029
10 TO THE ABOVE NAMED DEFENDANTS:
11 YOU ARE HEREBY SUMMONED to answer the verified complaint in this action and
12 to serve a of your answer, or, if the complaint is not served with this summons, to serve a
copy
13 notice of appearance, on Plaintiff's attorneys within twenty (20) days after the service of this
14 summons, exclusive ofthe day of service (or within thirty (30) days after the service is complete
15 if this summons is not delivered to you within the State of New York); and in case of
personally
16 your failure to answer or appear, judgment will be taken against you by default for the relief
17 demanded in the verified complaint.
18 DATED: NEW YORK, NEW YORK
May 23, 2018
19
Nelson, in o Ashmawy, PLLC
20
21 By·
Dan obmson, Esq.
22 Atto eys for Plaintiff
11 Park Place, Suite 711
23 New York, New York 10007
(212) 962-1740
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Defendants'
1 Addresses:
2 THE CITY OF NEW YORK
100 Church Street
3 New York, New York 10007
4 THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES
150 William Street
5 New York, New York 10038
6 SCO FAMILY OF SERVICES
1 Alexander Place
7 Glen Cove, New York 11542
8 JEWISH CHILD CARE ASSOCIATION OF NEW YORK
120 Wall Street
20th
9 FlOOr
,New York, New York 10005
10
11
12
13
14
15
16
17
18
19
20
21
22
23
SUMMONS
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1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
2 JANET VEGA, as mother and natural guardian of
F R , an infant, and JANET VEGA, Index No.:
3 individually,
VERIFIED COMPLAINT
4 Plaintiff,
JURY TRIAL DEMANDED
5 vs.
6 THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES,
7 SCO FAMILY OF SERVICES, and JEWISH CHILD
CARE ASSOCIATION OF NEW YORK,
8
Defendants.
9
10 Plaintiff, JANET VEGA, by her attorneys, NELSON, ROBlNSON & EL ASHMAWY,
11 PLLC, as and for a Verified Complaint against the defendants, upon information and belief, sets
12 forth and alleges as follows:
13 PARTIES
14 1. Plaintiff, JANET VEGA (hereinafter referred to as Plaintiff), is an individual
15 who, at all times relevant to the within action, has been a resident of the City of New York. She
16 is,at present, a resident of the County of New York, State of New York.
17 2. Plaintiff is the mother and natural guardian of Infant-Plaintiff F R
18 (hereinafter referred to as Infant-Plaintiff)
19 3. Defendant THE CITY OF NEW YORK (hereinafter referred to as "NYC"), at all
20 times hereinafter mentioned, was and stillis a municipal corporation duly organized and existing
21 under, and by virtue of, the laws of the state of New York.
22 4. Defendant THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S
23 SERVICES (hereinafter referred to as "ACS"), at all times hereinafter mentioned, was and stillis
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1 a municipal entity duly constituted and existing under, and by virtue of, the laws of the State of
2 New York.
3 5. Defendant SCO FAMILY OF SERVICES (hereinafter referred to as "SCO"), at
4 alltimes hereinafter mentioned, was and stillis a domestic not-for-profit corporation duly
5 constituted and existing under, and by virtue of, the laws of the State of New York and is an
agency"
6 "authorized as defined within New York Social Services Law § 371.
7 6. Defendant JEWISH CHILD CARE ASSOCIATION OF NEW YORK
8 (hereinafter referred to as "JCCA"), at all times hereinafter mentioned, was and stillis a
9 domestic not-for-profit corporation duly constituted and existing under, and by virtue of, the
agency"
10 laws of the State of New York and is an "authorized as defined within New York Social
11 Services Law § 371.
12 7. That a Notice of Plaintiff's Claim, including the nature of the claim, the date,
13 time, and location thereof, and the manner in which the claim arose, was duly served upon the
14 New York City Comptroller's Office, on or about May 12, 2017.
15 8. That more than 30 days have elapsed since the firstNotice of Claim has been
16 served upon Defendant NYC and said Defendant has neglected or refused to make any
17 adjustment or payment thereof.
18 9. That a second Notice of Plaintiff's Claim, including the nature of the claim,
19 the date, time, and location thereof, and the manner in which the claim arose, was duly served
20 upon the New York City Comptroller's Office, on or about December 6, 2017.
21 10. That more than 30 days have elapsed since the second Notice of Claim has been
22 served upon Defendant NYC and said Defendant has neglected or refused to make any
23 adjustment or payment thereof.
2
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1 11. That this action is commenced within one (1) year and ninety (90) days after the
2 causes of action arose.
3 FACTS
4 12. Upon information and belief, at all times hereinafter mentioned, Infant-Plaintiff
5 was a foster child voluntarily placed by his mother, Plaintiff, in the care and custody of
6 Defendant NYC and/or ACS.
7 13. That by reason of said voluntary placement, Defendants NYC and/or ACS
8 assumed a legal duty to provide for the health, safety, and/or general welfare of Infant-Plaintiff.
9 That by reason of that circumstance a special relationship was created between Defendants NYC
10 and/or ACS and Infant-Plaintiff.
11 14. Upon information and belief, at alltimes hereinafter mentioned, Defendants NYC
12 and/or ACS had entered into a contract with Defendant SCO for the provision of foster care to
13 Infant-Plaintiff.
14 15. Upon information and belief, at alltimes hereinafter mentioned, Defendants NYC
15 and/or ACS had entered into a contract with Defendant JCCA for the provision of foster care to
16 Infant-Plaintiff.
17 16. Upon information and belief, at alltimes hereinafter mentioned, Defendants NYC
18 and/or ACS placed Infant-Plaintiff into the care and custody of Defendant SCO.
19 17. Upon information and belief, at all times hereinafter mentioned, Defendants NYC
20 and/or ACS placed Infant-Plaintiff into the care and custody of Defendant JCCA.
21 18. That by reason of said acceptance for placement from Defendants NYC and/or
22 ACS, Defendants SCO and/or JCCA assumed a legal duty to provide for the health, safety,
23
3
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1 and/or general welfare of Infant-Plaintiff. That by reason of that circumstance a special
2 relationship was created between Defendants SCO and/or JCCA and Infant-Plaintiff.
3 19. Upon information and belief, at all times hereinafter mentioned, Defendant SCO
4 managed, owned, operated, leased, maintained, and/or controlled an adolescent residential
5 facility known as Ottilie Residential Treatment Facility (hereinafter referred to as "Ottilie RTF").
6 20. Upon information and belief, at all times hereinafter mentioned, Defendants SCO
7 and/or JCCA designated the Ottilie RTF as the location of Infant-Plaintiff's foster care
8 placement.
abusedl
9 21. On or about March 3, 2017, Infant-Plaintiff was sexually by an older
10 resident of the Ottilie RTF while located in the aforementioned foster care facility of Defendant
11 SCO
12 22. That said sexual abuse was documented by Defendants NYC, ACS, SCO, and/or
13 JCCA.
14 23. On or about May 8, 2017, the New York State Justice Center for the
15 Protection of People with Special Needs (hereinafter "Justice Center") concluded their
16 investigation of the March 3, 2017 incident and concluded that the allegations against Defendant
17 SCO concerning the March 3, 2017 sexual abuse of Infant-Plaintiff were Substantiated as
18 Category Two neglect pursuant to SSL 493(4)(b).
19
20
21
22
I As defined Article 130 of thePenal Law but not limited the commission of Rape inthe Second
by including, to,
Degree, Rape in theThird Degree, Forcible Touching, Sexual Abuse in the FirstDegree, Sexual Abuse inthe
23
Second Degree, and/or Sexual Abuse inthe Third Degree
4
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1 24. On or about September 12, 2017, Infant-Plaintiff again was sexually abused while
2 in the Ottilie RTF by the same older resident who had sexually abused Infant-Plaintiff on or
3 about March 3, 2017.
4 25. Upon information and belief, at all times herein mentioned, Defendants ACS,
5 NYC, and SCO had actual and/or constructive notice that the Ottilie RTF foster care facility was
6 not safe and secure for Infant-Plaintiff.
7
AS AND FOR A FIRST CAUSE OF ACTION
8 ARISING FROM NEGLIGENCE
9 26. Plaintiff re-alleges and incorporates herein by this reference each and every
10 allegation contained in each preceding paragraph above as though fully set forth herein.
11 27. Itwas the duty of Defendants NYC, ACS, SCO and/or JCCA to use reasonable
12 care in the investigation, licensing, supervision, and/or monitoring of foster care facilities with
13 whom they placed foster children and/or to develop or implement programs, guidelines,
14 procedures, and/or training to prevent the abuse of foster children placed within foster care
15 treatment facilities.
16 28. Itwas the duty of Defendant SCO to use reasonable care in the execution of their
17 duties as the owner, operator, manager, and/or lessor of the Ottilie RTF foster care facility and/or
18 to act in a reasonably prudent manner in their interactions with foster children in their charge.
19 29. Defendant SCO, their agents, servants, and/or employees, disregarded their duty
20 to protect Infant-Plaintiff through the negligent investigation, licensing, supervision, and/or
21 monitoring of the Ottilie RTF; failing to adequately train the facility's employees to act as a
22 reasonably prudent foster care facility employee; and/or failing to prevent those in the charge of
23 the Ottilie RTF from utilizing sexual and/or physical abuse against Infant-Plaintiff by virtue of a
5
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1 resident of the facility inflicting sexual abuse upon Plaintiff; and/or taking no action to prevent
2 these unlawful and/or abusive acts.
3 30. Defendants NYC, ACS, and/or JCCA, their agents, servants, and/or employees,
4 disregarded their duty to protect Infant-Plaintiff through the negligent investigation, licensing,
5 supervision, and/or monitoring of Defendant SCO; and/or failing to prevent those in the charge
6 of Defendant SCO from utilizing physical abuse against Plaintiff by virtue of a resident of the
7 facility inflicting sexual abuse upon Plaintiff; and/or taking no action to prevent these unlawful
8 and/or abusive acts.
9 31. Defendants NYC, ACS, SCO and/or JCCA knew or should have known ofthe
10 dangerous conditions and/or environment the Infant-Plaintiff was in while placed in the foster
11 care facility of Defendant SCO.
12 32. That Defendants NYC, ACS, SCO and/or JCCA, their agents, servants, and/or
13 employees were negligent in their failing to develop or implement programs, guidelines,
14 procedures, and/or training to prevent the abuse of Infant-Plaintiff at the Ottilie RTF specifically
15 and/or by other foster children placed in the facility.
16 , 33. on or about March 2017 and on or about September Infant-
That, 3, 12, 2017,
17 !Plaintiff was caused to sustain serious personal injuries as a result of the negligence of the
18 Defendants NYC, ACS, SCO, and/or JCCA, by and/or through their agents, servants, and/or
19 their employees.
20 34. Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or
21 employees, negligently and/or carelessly failed to take all reasonable and necessary precautions
22 to prevent the aforesaid occurrence(s).
23
6
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1 35. Defendants NYC, ACS, SCO, and/or JCCA negligently, carelessly, and/or
2 recklessly acted in that, on or about March 3, 2017 and on or about September 12, 2017, they
3 failed to use the appropriate care in the performance of their official duties as a foster care
4 facility as a reasonably prudent and careful foster care facility would have used under similar
5 circumstances, in that an older resident in their charge violently and/or unlawfully attacked and
6 sexually abused Infant-Plaintiff, without cause and without their regard for their official
7 obligations to protect Foster Children in their charge from such violence, and in otherwise
8 performing their official duties with respect to Infant-Plaintiff carelessly, recklessly and/or
9 negligently and that, as a result ofthe above-referenced attack which was caused by and through
10 the imprudent conduct of Defendants, Infant-Plaintiff suffered severe physical and/or
11 psychological damage.
12 36. As a result of the negligence of Defendants, Infant-Plaintiff suffered extensive,
13 severe, and serious personal injuries, extreme pain and suffering, emotional shock and mental
14 anguish, the need for further medical care and treatment, a decrease in his enjoyment of life,and
15 lost earning capacity, all without negligence on his part contributing thereto.
16 37. The foregoing injuries and damages to Infant-Plaintiff were actually and
17 proximately caused by virtue of the carelessness and/or negligence on the part of Defendants,
18 their and/or and without negligence on the part of Infant-
servants, agents, employees, any
19 Plaintiff contributing thereto.
20 38. This action falls within one or more of the exceptions set forth in CPLR § 1602
21 and, as such, Defendants are jointly and severally liable pursuant to the exceptions set forth in
Defendants'
22 Article 16 of the CPLR in that liability arises by reason of a non-delegable duty,
23
7
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1 respondeat superior, action(s) with reckless disregard for the safety of others, and/or action(s)
2 performed knowingly or intentionally and in concert.
3 39. By reason of the foregoing, Infant-Plaintiff has been damaged in an amount that
4 exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
5
AS AND FOR A SECOND CAUSE OF ACTION
6 ARISING FROM NEGLIGENT HIRING/TRAINING/SUPERVISION/RETENTION
7 40. Plaintiff re-alleges each and every allegation as contained in each preceding
8 paragraph and as contained in the First Cause of Action of the within Verified Complaint with
9 the same force and effect as though each were fully set forth herein.
10 41. It was the duty of Defendants NYC, ACS, SCO and/or JCCA, their agents,
11 servants, and/or employees to exercise professional judgment and care in placing foster children,
12 being responsible for the welfare of children in need of public assistance and care, support and
13 protection.
14 42. Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or
15 employees selected, investigated, trained, retained, assigned, and/or supervised personnel of the
16 Ottilie RTF.
17 43. On or about March 3, 2017 through on or about September 12, 2017, and prior
18 thereto, Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or employees
19 were negligent and/or careless when they selected, investigated, trained, retained, assigned,
20 and/or supervised personnel of the Ottilie RTF.
21 44. Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or
22 employees knew or should have known that an individual or individuals would cause injury to
23 Infant-Plaintiff.
8
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1 45. As a result of the negligence of Defendants, Infant-Plaintiff suffered extensive,
2 severe, and serious personal injuries, extreme pain and suffering, emotional shock and mental
3 anguish, the need for further medical care and treatment, a decrease in his enjoyment of life, and
4 lost earning capacity, all without negligence on his part contributing thereto.
5 46. The foregoing injuries and damages to Infant-Plaintiff were actually and
6 proximately caused by virtue of the carelessness and/or negligence on the part of Defendants,
7 their and/or and without negligence on the part of Infant-
servants, agents, employees, any
8 Plaintiff contributing thereto.
9 47. This action falls within one or more of the exceptions set forth in CPLR § 1602
10 and, as such, Defendants are jointly and severally liable pursuant to the exceptions set forth in
Defendants'
11 Article 16 of the CPLR in that liability arises by reason of a non-delegable duty,
12 respondeat superior, action(s) with reckless disregard for the safety of others, and/or action(s)
13 performed knowingly or intentionally and in concert.
14 48. By reason of the foregoing, Infant-Plaintiff has been damaged in an amount that
15 exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction.
16
AS AND FOR A THIRD CAUSE OF ACTION
17 ARISING FROM LOSS OF SERVICES
18 49. Plaintiffs re-allege and incorporate herein by this reference each and every
19 allegation contained in each preceding paragraph above as though fully set forth herein.
20 50. At allpertinent times hereinbefore and hereinafter mentioned, Plaintiff was and
21 stillis the mother of Infant-Plaintiff
22 51. Plaintiff was entitled to the services of her son, Infant-Plaintiff.
23
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1 52. That, as a result of the negligence and/or malpractice of Defendants, without
2 negligence on the part of Plaintiffs contributing thereto, Plaintiff was caused to be deprived of
3 the services of her son.
4 53. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds
5 the jurisdiction
Preview
FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/26/2020 EXHIBIT A FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. DO2. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 2 JANET VEGA, as mother and natural guardian of F 1 , an infant, and JANET VEGA, Index No.: 3 individually, Purchased: 4 Plaintiff, SUMMONS 5 vs. Plaintiff designates New York County 6 THE CITY OF NEW YORK, THE NEW YORK CITY as the place of trial. ADMINISTRATION FOR CHILDREN'S SERVICES, 7 SCO FAMILY OF SERVICES, and JEWISH CHILD The basis of venue is Plaintiff's CARE ASSOCIATION OF NEW YORK, residence at: 8 112th Defendants. 236 East Street, Apartment 56 9 New York, New York 10029 10 TO THE ABOVE NAMED DEFENDANTS: 11 YOU ARE HEREBY SUMMONED to answer the verified complaint in this action and 12 to serve a of your answer, or, if the complaint is not served with this summons, to serve a copy 13 notice of appearance, on Plaintiff's attorneys within twenty (20) days after the service of this 14 summons, exclusive ofthe day of service (or within thirty (30) days after the service is complete 15 if this summons is not delivered to you within the State of New York); and in case of personally 16 your failure to answer or appear, judgment will be taken against you by default for the relief 17 demanded in the verified complaint. 18 DATED: NEW YORK, NEW YORK May 23, 2018 19 Nelson, in o Ashmawy, PLLC 20 21 By· Dan obmson, Esq. 22 Atto eys for Plaintiff 11 Park Place, Suite 711 23 New York, New York 10007 (212) 962-1740 1 of 14 FILED: t [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC.2. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 Defendants' 1 Addresses: 2 THE CITY OF NEW YORK 100 Church Street 3 New York, New York 10007 4 THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES 150 William Street 5 New York, New York 10038 6 SCO FAMILY OF SERVICES 1 Alexander Place 7 Glen Cove, New York 11542 8 JEWISH CHILD CARE ASSOCIATION OF NEW YORK 120 Wall Street 20th 9 FlOOr ,New York, New York 10005 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SUMMONS -2-- 2 of 14 FILED: , NEW YORK COUNTY CLERK 05/26/2020 06:45 PM MDEX INDEX NO. NO. 154880/2018 :.54880/2018 [FILED: NEW YORK COUNTY CLERK 05/23/2018 07 :37 PM| NYSCEF NYSCEF DOC. D:C. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 2 JANET VEGA, as mother and natural guardian of F R , an infant, and JANET VEGA, Index No.: 3 individually, VERIFIED COMPLAINT 4 Plaintiff, JURY TRIAL DEMANDED 5 vs. 6 THE CITY OF NEW YORK, THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, 7 SCO FAMILY OF SERVICES, and JEWISH CHILD CARE ASSOCIATION OF NEW YORK, 8 Defendants. 9 10 Plaintiff, JANET VEGA, by her attorneys, NELSON, ROBlNSON & EL ASHMAWY, 11 PLLC, as and for a Verified Complaint against the defendants, upon information and belief, sets 12 forth and alleges as follows: 13 PARTIES 14 1. Plaintiff, JANET VEGA (hereinafter referred to as Plaintiff), is an individual 15 who, at all times relevant to the within action, has been a resident of the City of New York. She 16 is,at present, a resident of the County of New York, State of New York. 17 2. Plaintiff is the mother and natural guardian of Infant-Plaintiff F R 18 (hereinafter referred to as Infant-Plaintiff) 19 3. Defendant THE CITY OF NEW YORK (hereinafter referred to as "NYC"), at all 20 times hereinafter mentioned, was and stillis a municipal corporation duly organized and existing 21 under, and by virtue of, the laws of the state of New York. 22 4. Defendant THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S 23 SERVICES (hereinafter referred to as "ACS"), at all times hereinafter mentioned, was and stillis 3 of 14 FILED: [FILED:.. NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. C. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 a municipal entity duly constituted and existing under, and by virtue of, the laws of the State of 2 New York. 3 5. Defendant SCO FAMILY OF SERVICES (hereinafter referred to as "SCO"), at 4 alltimes hereinafter mentioned, was and stillis a domestic not-for-profit corporation duly 5 constituted and existing under, and by virtue of, the laws of the State of New York and is an agency" 6 "authorized as defined within New York Social Services Law § 371. 7 6. Defendant JEWISH CHILD CARE ASSOCIATION OF NEW YORK 8 (hereinafter referred to as "JCCA"), at all times hereinafter mentioned, was and stillis a 9 domestic not-for-profit corporation duly constituted and existing under, and by virtue of, the agency" 10 laws of the State of New York and is an "authorized as defined within New York Social 11 Services Law § 371. 12 7. That a Notice of Plaintiff's Claim, including the nature of the claim, the date, 13 time, and location thereof, and the manner in which the claim arose, was duly served upon the 14 New York City Comptroller's Office, on or about May 12, 2017. 15 8. That more than 30 days have elapsed since the firstNotice of Claim has been 16 served upon Defendant NYC and said Defendant has neglected or refused to make any 17 adjustment or payment thereof. 18 9. That a second Notice of Plaintiff's Claim, including the nature of the claim, 19 the date, time, and location thereof, and the manner in which the claim arose, was duly served 20 upon the New York City Comptroller's Office, on or about December 6, 2017. 21 10. That more than 30 days have elapsed since the second Notice of Claim has been 22 served upon Defendant NYC and said Defendant has neglected or refused to make any 23 adjustment or payment thereof. 2 4 of 14 FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM) NYSCEF NYSCEF DOC. DH2. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 11. That this action is commenced within one (1) year and ninety (90) days after the 2 causes of action arose. 3 FACTS 4 12. Upon information and belief, at all times hereinafter mentioned, Infant-Plaintiff 5 was a foster child voluntarily placed by his mother, Plaintiff, in the care and custody of 6 Defendant NYC and/or ACS. 7 13. That by reason of said voluntary placement, Defendants NYC and/or ACS 8 assumed a legal duty to provide for the health, safety, and/or general welfare of Infant-Plaintiff. 9 That by reason of that circumstance a special relationship was created between Defendants NYC 10 and/or ACS and Infant-Plaintiff. 11 14. Upon information and belief, at alltimes hereinafter mentioned, Defendants NYC 12 and/or ACS had entered into a contract with Defendant SCO for the provision of foster care to 13 Infant-Plaintiff. 14 15. Upon information and belief, at alltimes hereinafter mentioned, Defendants NYC 15 and/or ACS had entered into a contract with Defendant JCCA for the provision of foster care to 16 Infant-Plaintiff. 17 16. Upon information and belief, at alltimes hereinafter mentioned, Defendants NYC 18 and/or ACS placed Infant-Plaintiff into the care and custody of Defendant SCO. 19 17. Upon information and belief, at all times hereinafter mentioned, Defendants NYC 20 and/or ACS placed Infant-Plaintiff into the care and custody of Defendant JCCA. 21 18. That by reason of said acceptance for placement from Defendants NYC and/or 22 ACS, Defendants SCO and/or JCCA assumed a legal duty to provide for the health, safety, 23 3 5 of 14 FILED: [FILED:,, NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07 :37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. D:C. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 and/or general welfare of Infant-Plaintiff. That by reason of that circumstance a special 2 relationship was created between Defendants SCO and/or JCCA and Infant-Plaintiff. 3 19. Upon information and belief, at all times hereinafter mentioned, Defendant SCO 4 managed, owned, operated, leased, maintained, and/or controlled an adolescent residential 5 facility known as Ottilie Residential Treatment Facility (hereinafter referred to as "Ottilie RTF"). 6 20. Upon information and belief, at all times hereinafter mentioned, Defendants SCO 7 and/or JCCA designated the Ottilie RTF as the location of Infant-Plaintiff's foster care 8 placement. abusedl 9 21. On or about March 3, 2017, Infant-Plaintiff was sexually by an older 10 resident of the Ottilie RTF while located in the aforementioned foster care facility of Defendant 11 SCO 12 22. That said sexual abuse was documented by Defendants NYC, ACS, SCO, and/or 13 JCCA. 14 23. On or about May 8, 2017, the New York State Justice Center for the 15 Protection of People with Special Needs (hereinafter "Justice Center") concluded their 16 investigation of the March 3, 2017 incident and concluded that the allegations against Defendant 17 SCO concerning the March 3, 2017 sexual abuse of Infant-Plaintiff were Substantiated as 18 Category Two neglect pursuant to SSL 493(4)(b). 19 20 21 22 I As defined Article 130 of thePenal Law but not limited the commission of Rape inthe Second by including, to, Degree, Rape in theThird Degree, Forcible Touching, Sexual Abuse in the FirstDegree, Sexual Abuse inthe 23 Second Degree, and/or Sexual Abuse inthe Third Degree 4 6 of 14 FILED: , [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. DIC. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 24. On or about September 12, 2017, Infant-Plaintiff again was sexually abused while 2 in the Ottilie RTF by the same older resident who had sexually abused Infant-Plaintiff on or 3 about March 3, 2017. 4 25. Upon information and belief, at all times herein mentioned, Defendants ACS, 5 NYC, and SCO had actual and/or constructive notice that the Ottilie RTF foster care facility was 6 not safe and secure for Infant-Plaintiff. 7 AS AND FOR A FIRST CAUSE OF ACTION 8 ARISING FROM NEGLIGENCE 9 26. Plaintiff re-alleges and incorporates herein by this reference each and every 10 allegation contained in each preceding paragraph above as though fully set forth herein. 11 27. Itwas the duty of Defendants NYC, ACS, SCO and/or JCCA to use reasonable 12 care in the investigation, licensing, supervision, and/or monitoring of foster care facilities with 13 whom they placed foster children and/or to develop or implement programs, guidelines, 14 procedures, and/or training to prevent the abuse of foster children placed within foster care 15 treatment facilities. 16 28. Itwas the duty of Defendant SCO to use reasonable care in the execution of their 17 duties as the owner, operator, manager, and/or lessor of the Ottilie RTF foster care facility and/or 18 to act in a reasonably prudent manner in their interactions with foster children in their charge. 19 29. Defendant SCO, their agents, servants, and/or employees, disregarded their duty 20 to protect Infant-Plaintiff through the negligent investigation, licensing, supervision, and/or 21 monitoring of the Ottilie RTF; failing to adequately train the facility's employees to act as a 22 reasonably prudent foster care facility employee; and/or failing to prevent those in the charge of 23 the Ottilie RTF from utilizing sexual and/or physical abuse against Infant-Plaintiff by virtue of a 5 7 of 14 FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. E C. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 resident of the facility inflicting sexual abuse upon Plaintiff; and/or taking no action to prevent 2 these unlawful and/or abusive acts. 3 30. Defendants NYC, ACS, and/or JCCA, their agents, servants, and/or employees, 4 disregarded their duty to protect Infant-Plaintiff through the negligent investigation, licensing, 5 supervision, and/or monitoring of Defendant SCO; and/or failing to prevent those in the charge 6 of Defendant SCO from utilizing physical abuse against Plaintiff by virtue of a resident of the 7 facility inflicting sexual abuse upon Plaintiff; and/or taking no action to prevent these unlawful 8 and/or abusive acts. 9 31. Defendants NYC, ACS, SCO and/or JCCA knew or should have known ofthe 10 dangerous conditions and/or environment the Infant-Plaintiff was in while placed in the foster 11 care facility of Defendant SCO. 12 32. That Defendants NYC, ACS, SCO and/or JCCA, their agents, servants, and/or 13 employees were negligent in their failing to develop or implement programs, guidelines, 14 procedures, and/or training to prevent the abuse of Infant-Plaintiff at the Ottilie RTF specifically 15 and/or by other foster children placed in the facility. 16 , 33. on or about March 2017 and on or about September Infant- That, 3, 12, 2017, 17 !Plaintiff was caused to sustain serious personal injuries as a result of the negligence of the 18 Defendants NYC, ACS, SCO, and/or JCCA, by and/or through their agents, servants, and/or 19 their employees. 20 34. Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or 21 employees, negligently and/or carelessly failed to take all reasonable and necessary precautions 22 to prevent the aforesaid occurrence(s). 23 6 8 of 14 FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. EDC. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 35. Defendants NYC, ACS, SCO, and/or JCCA negligently, carelessly, and/or 2 recklessly acted in that, on or about March 3, 2017 and on or about September 12, 2017, they 3 failed to use the appropriate care in the performance of their official duties as a foster care 4 facility as a reasonably prudent and careful foster care facility would have used under similar 5 circumstances, in that an older resident in their charge violently and/or unlawfully attacked and 6 sexually abused Infant-Plaintiff, without cause and without their regard for their official 7 obligations to protect Foster Children in their charge from such violence, and in otherwise 8 performing their official duties with respect to Infant-Plaintiff carelessly, recklessly and/or 9 negligently and that, as a result ofthe above-referenced attack which was caused by and through 10 the imprudent conduct of Defendants, Infant-Plaintiff suffered severe physical and/or 11 psychological damage. 12 36. As a result of the negligence of Defendants, Infant-Plaintiff suffered extensive, 13 severe, and serious personal injuries, extreme pain and suffering, emotional shock and mental 14 anguish, the need for further medical care and treatment, a decrease in his enjoyment of life,and 15 lost earning capacity, all without negligence on his part contributing thereto. 16 37. The foregoing injuries and damages to Infant-Plaintiff were actually and 17 proximately caused by virtue of the carelessness and/or negligence on the part of Defendants, 18 their and/or and without negligence on the part of Infant- servants, agents, employees, any 19 Plaintiff contributing thereto. 20 38. This action falls within one or more of the exceptions set forth in CPLR § 1602 21 and, as such, Defendants are jointly and severally liable pursuant to the exceptions set forth in Defendants' 22 Article 16 of the CPLR in that liability arises by reason of a non-delegable duty, 23 7 9 of 14 FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07 :37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 PM| NYSCEF NYSCEF DOC. EDC. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 respondeat superior, action(s) with reckless disregard for the safety of others, and/or action(s) 2 performed knowingly or intentionally and in concert. 3 39. By reason of the foregoing, Infant-Plaintiff has been damaged in an amount that 4 exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 5 AS AND FOR A SECOND CAUSE OF ACTION 6 ARISING FROM NEGLIGENT HIRING/TRAINING/SUPERVISION/RETENTION 7 40. Plaintiff re-alleges each and every allegation as contained in each preceding 8 paragraph and as contained in the First Cause of Action of the within Verified Complaint with 9 the same force and effect as though each were fully set forth herein. 10 41. It was the duty of Defendants NYC, ACS, SCO and/or JCCA, their agents, 11 servants, and/or employees to exercise professional judgment and care in placing foster children, 12 being responsible for the welfare of children in need of public assistance and care, support and 13 protection. 14 42. Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or 15 employees selected, investigated, trained, retained, assigned, and/or supervised personnel of the 16 Ottilie RTF. 17 43. On or about March 3, 2017 through on or about September 12, 2017, and prior 18 thereto, Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or employees 19 were negligent and/or careless when they selected, investigated, trained, retained, assigned, 20 and/or supervised personnel of the Ottilie RTF. 21 44. Defendants NYC, ACS, SCO, and/or JCCA, their agents, servants, and/or 22 employees knew or should have known that an individual or individuals would cause injury to 23 Infant-Plaintiff. 8 10 of 14 FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23 /2018 06:45 07 :37 PM INDEX INDEX NO. NO. 154880/2018 154880/2018 [FILED:, PM| NYSCEF NYSCEF DOC. U-C. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 45. As a result of the negligence of Defendants, Infant-Plaintiff suffered extensive, 2 severe, and serious personal injuries, extreme pain and suffering, emotional shock and mental 3 anguish, the need for further medical care and treatment, a decrease in his enjoyment of life, and 4 lost earning capacity, all without negligence on his part contributing thereto. 5 46. The foregoing injuries and damages to Infant-Plaintiff were actually and 6 proximately caused by virtue of the carelessness and/or negligence on the part of Defendants, 7 their and/or and without negligence on the part of Infant- servants, agents, employees, any 8 Plaintiff contributing thereto. 9 47. This action falls within one or more of the exceptions set forth in CPLR § 1602 10 and, as such, Defendants are jointly and severally liable pursuant to the exceptions set forth in Defendants' 11 Article 16 of the CPLR in that liability arises by reason of a non-delegable duty, 12 respondeat superior, action(s) with reckless disregard for the safety of others, and/or action(s) 13 performed knowingly or intentionally and in concert. 14 48. By reason of the foregoing, Infant-Plaintiff has been damaged in an amount that 15 exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. 16 AS AND FOR A THIRD CAUSE OF ACTION 17 ARISING FROM LOSS OF SERVICES 18 49. Plaintiffs re-allege and incorporate herein by this reference each and every 19 allegation contained in each preceding paragraph above as though fully set forth herein. 20 50. At allpertinent times hereinbefore and hereinafter mentioned, Plaintiff was and 21 stillis the mother of Infant-Plaintiff 22 51. Plaintiff was entitled to the services of her son, Infant-Plaintiff. 23 9 11 of 14 FILED:t [FILED NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/26/2020 05/23/2018 06:45 07:37 PM INDEX INDEX NO. NO. 154880/2018 L54880/2018 PM| NYSCEF NYSCEF DOC. E:*C. NO. NO. 33 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/26/2020 05/23/2018 1 52. That, as a result of the negligence and/or malpractice of Defendants, without 2 negligence on the part of Plaintiffs contributing thereto, Plaintiff was caused to be deprived of 3 the services of her son. 4 53. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds 5 the jurisdiction