Preview
FILED: NEW YORK COUNTY CLERK 11/07/2022 01:56 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 11/07/2022
EXHIBIT A
FILED: NEW
DUTCHESS
YORK COUNTY CLERK 11/07/2022
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
_______ --------------------------------------------------------------------X
MGD-10 DOE, Index No.
Date Filed:
Plaintiff,
Plaintiff designates
-against- DUTCHESS
County as the place for trial.
TRINITY-PAWLING SCHOOL, and THE BOARD OF
TRUSTEES OF TRINITY-PAWLING SCHOOL, The basis of the venue is
Defendants'
place of
Defendants. business.
----------------------------------------------------------------------------X
SUMMON_S
To the above-named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in this
complaint.
Dated: Lake Success, New York
April 20, 2021
MICHAEL G. DOWD
1981 Marcus Avenue, Suite 200
Lake Success, NY 11042
(212) 751-1640
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SWEENEY, REICH & BOLZ, LLP
By Gerard J. Sweeney, Esq.
1981 Marcus Avenue, Suite 200
Lake Success, NY 11042
(718) 459-9000
Attorneys for Plaintiff
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------ --------------------------------------------------------X
MGD-10 DOE, Index No.
Date Filed:
Plaintiff,
-against- VERIFIED COMPLAINT
TRINITY-PAWLING SCHOOL, and THE BOARD OF
TRUSTEES OF TRINITY-PAWLING SCHOOL,
Defendants.
---------------------------------------- --------------------------X
PLAINTIFF, MGD-10 DOE, by his attorneys, MICHAEL G. DOWD and SWEENEY,
REICH & BOLZ, LLP, complaining of DEFENDANTS, hereby alleges the following:
JURISDICTION AND VENUE
1. This action is timely commenced pursuant to the New York State Child Victims
Act, dated February 14, 2019, and CPLR § 214-g.
DEFENDANTS'
2. The Court has jurisdiction pursuant to CPLR § 301 as principal
place of business is in New York and because much of the unlawful conduct
complained of herein occurred in New York.
3. Venue is proper pursuant to CPLR § 503 because DUTCHESS COUNTY is the
principal place of business of DEFENDANTS. In addition, many of the events
giving rise to this action occurred in DUTCHESS COUNTY.
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AS AND FOR A FIRST CAUSE OF ACTION:
NEGLIGE,NT SUPERVISION
4. The PLAINTIFF, MGD-10 DOE, (hereinafter "PLAINTIFF") was born in
January of 1958. He is a resident of the State of Connecticut.
5. PLAINTIFF attended TRINITY-PAWLING SCHOOL (hereinafter "TRINITY")
9th
from in or around 1972, when he entered the grade, through in or around 1976,
12th
when he graduated from grade.
6. DEFENDANT TRINITY is at all material times a private, non-profit corporation
doing business in Dutchess County, New York. Founded in 1907, TRINITY is a
college preparatory boarding school for grades 9 through 12.
7. Upon information and belief, THE BOARD OF TRUSTEES OF TRINITY-
PAWLING SCHOOL (hereinafter "BOARD OF TRUSTEES") was responsible
for the operation of TRINITY, including fundraising and hiring administrators
and teachers.
8. Upon information and belief, at all material times, GERALD HOLLIS
(hereinafter "HOLLIS") was a teacher hired by DEFENDANTS to teach Latin
and conduct the Choir Program at TRINITY.
9. Upon information and belief, when HOLLIS met PLAINTIFF in or around 1972,
he was an employee and agent of DEFENDANTS acting within the course and
scope of his authority as a TRINITY teacher and employee.
10. Sometime after PLAINTIFF met HOLLIS in or around 1972, HOLLIS began a
pattern of grooming PLAINTIFF for the purpose of sexually abusing him. This
grooming included but was not limited to giving PLAINTIFF special attention,
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encouraging PLAINTIFF to join the choir at TRINITY, and time alone
spending
with PLAINTIFF in HOLLIS'S on-campus apartment.
11. HOLLIS sexually abused PLAINTIFF from about 1972, when PLAINTIFF was
about 14 years old, through about 1976, when PLAINTIFF was about 18 years
old.
12. HOLLIS would approach PLAINTIFF from behind, put his hands on the
PLAINTIFF'S shoulders, and then grind his erect penis, over his clothes, pressing
it against PLAINTIFF'S buttocks until he ejaculated on to PLAINTIFF.
PLAINTIFF recalls HOLLIS moaning as he ejaculated and then feeling
HOLLIS'S penis soften against his buttocks.
13. PLAINTIFF was sexually abused by HOLLIS in the above-described manner
approximately 60 times between about 1972 and 1976.
14. PLAINTIFF was sexually abused by HOLLIS in the above-described manner in
HOLLIS'S apartment on the campus of TRINITY.
15. HOLLIS continued acting as an employee and agent of TRINITY through the
entire period when HOLLIS sexually abused PLAINTIFF.
16. At all material times, PLAINTIFF was aware of no TRINITY rules or regulations
or policies concerning or addressing sexual abuse, sexual harassment, and sexual
misconduct of TRINITY students, such as PLAINTIFF, by teachers and/or
employees such as HOLLIS.
17. During all material times, PLAINTIFF received no training or information in any
form, including but not limited to, classroom instruction or oral presentation,
through video or written document on how to deal with sexual misconduct, sexual
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abuse, sexual boundary violations or sexually harassing behavior TRINITY
by
teachers and/or employees on students like himself.
18. Upon information and belief, during all times herein, when PLAINTIFF was
enrolled in school and communicated and otherwise interacted with HOLLIS,
PLAINTIFF was entrusted by his parents to the care of DEFENDANTS and
during such periods, DEFENDANTS were acting in the capacity of in loco
parentis because DEFENDANTS assumed custody and control over him as a
minor child and as a student at the school.
19. Upon information and belief, HOLLIS used his position of trust and authority
vested in them by DEFENDANTS for the purpose of sexually abusing
PLAINTIFF.
20. Upon information and belief, at all material times, DEFENDANTS had a duty to
exercise the same degree of care and supervision over the students, including
PLAINTIFF, under their control as a reasonably prudent parent would have
exercised under the same circumstances. This means that DEFENDANTS
assumed a duty of care to protect the safety and welfare of PLAINTIFF and
students at TRINITY. At all material times, DEFENDANTS owed a duty to
PLAINTIFF to provide a safe and nurturing educational environment, where he
would be protected from administrators and staff like HOLLIS who were under
the employment and control of DEFENDANTS.
21. Upon information and belief, during HOLLIS'S employment by DEFENDANTS
and while PLAINTIFF was a student in TRINITY'S care, DEFENDANTS failed
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to exercise the degree of care that a reasonable prudent parent would have
exercised under similar circumstances.
22. At all material times, DEFENDANTS owed a special to PLAINTIFF that
duty
required DEFENDANTS to take reasonable steps to anticipate such behavior
from its employees, like HOLLIS, which threatened the of students
safety
including PLAINTIFF.
23. A report authored by Sanghavi Law Office, LLC and commissioned by
Trinity-
Pawling in 2017 ("Sexual Abuse Report"), establishes that HOLLIS abused a
wide variety of minor students while at Trinity-Pawling, including the
PLAINTIFF.
24. The above-referenced Sexual Abuse Report determined that "there was a distinct
pattern in the allegations raised against HOLLIS. Specifically, all nine of the
former students who came forward describe the same types of conduct and
manner of engagement. Eight of the nine described the same means of approach
by HOLLIS, and either described the same location of the conduct. And many of
students'
the accounts overlapped in terms of the number of instances of conduct
conduct."
and in terms of other aspects of the context and circumstances of the
25. The above-referenced Sexual Abuse Report concluded that "the totality of the
information obtained during this Investigation was sufficient to find by a
preponderance of the evidence that on multiple occasions in the early 1970s,
during a time period when Student A was participating in a School activity led by
HOLLIS, HOLLIS engaged in unwelcome and inappropriate physical, sexual
A."
contact with Student
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A."
26. Upon information and belief, PLAINTIFF is identified as "Student
27. The above-referenced Sexual Abuse Report concluded that "HOLLIS'S conduct
toward each of these nine former students would have violated the 1992 policy,
had it been in effect at the time of the conduct... The Investigative Team therefore
concluded by a preponderance of the evidence that HOLLIS engaged in sexual
misconduct toward each of these nine students while they were students at the
School."
28. At all material times, DEFENDANTS had a duty to properly supervise HOLLIS
as their employee because of their duty to take care of PLAINTIFF.
29. At all material times, PLAINTIFF reposed his trust and confidence as student and
minor individual in HOLLIS, and DEFENDANTS, who occupied a superior
position of influence and authority over PLAINTIFF, to provide PLAINTIFF with
a safe and secure educational environment.
30. Upon information and belief, at all material times, DEFENDANTS knew or
should have known of HOLLIS'S propensity to sexually abuse minor students.
31. The above-referenced Sexual Abuse Report inquired into allegations of
misconduct and determined that "one former Trinity-Pawling faculty member
who was at the School while Phil Smith was headmaster ("Faculty Member 1")
notes with regard to HOLLIS that there were always rumors, but Faculty Member
1 said that he did not have actual knowledge of anything and never heard of
HOLLIS being aggressive or going over the bounds of proper behavior. The
faculty member stated, "You didn't delve into those areas back then. I wish we
had."
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32. The above referenced Sexual Abuse Report concluded that "Student A informed
Trinity-Pawling of his allegations against HOLLIS in the late 2000s, many years
after Student A was a student at Trinity-Pawling, and after HOLLIS had died. The
available information suggests that Archibald Smith (the headmaster) sought to
determine what responsive actions Student A might be seeking, but there is little
to indicate that the School attempted to gather details about Student A's
HOLLIS."
interactions with
33. Upon information and belief, DEFENDANTS negligently failed to adequately
implement a reasonable or effective supervisory system, plan, or protocol or
procedure for supervising personnel so as to prevent inappropriate, offensive,
sexual and/or abuse or contact of students by TRINITY employees.
34. Upon information and belief, the injuries to PLAINTIFF resulted from
DEFENDANTS'
failure to provide PLAINTIFF with supervision of a parent of
ordinary prudence under the same circumstances.
35. Upon information and belief, the injuries to PLAINTIFF were foreseeable
DEFENDANTS'
consequences of negligent failure to supervise HOLLIS and
PLAINTIFF. Said injuries were caused by or contributed to by the carelessness,
recklessness and the negligent conduct of DEFENDANTS, their agents,
grossly
servants and/or employees, in failing to properly and adequately supervise the
conduct of HOLLIS as it related to PLAINTIFF.
36. DEFENDANTS were wanton, reckless, officially tolerant and deliberately
indifferent to abuse of PLAINTIFF by HOLLIS.
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37. By reason of the foregoing, PLAINTIFF sustained physical and psychological
injuries, including but not limited to, severe emotional distress, confusion,
humiliation, fright, anxiety, a severe shock to his nervous system, and has been
caused to suffer physical pain and mental anguish, emotional and psychological
damages as a result thereof, and, upon information and belief, some or all of these
injuries are of a permanent and lasting nature; and that PLAINTIFF as a result has
become and will continue to be obligated to expend sums of money for medical
expenses for treatment of said maladies.
38. That by reason of the foregoing, DEFENDANTS are liable to PLAINTIFF for
punitive and exemplary damages.
39. It is hereby alleged pursuant to CPLR § 1603 that the foregoing cause of action is
exempt from the operation of CPLR § 1601 by reason of one or more of the
exemptions provided in CPLR § 1602, including but not limited to CPLR §
1602(7).
40. That the amount of damages sought exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION:
NEGLIGENT RETENTION
41. PLAINTIFF repeats and realleges the above paragraphs of this Complaint as if
fully set forth
Preview
FILED: NEW YORK COUNTY CLERK 11/07/2022 01:56 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 11/07/2022 EXHIBIT A FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS _______ --------------------------------------------------------------------X MGD-10 DOE, Index No. Date Filed: Plaintiff, Plaintiff designates -against- DUTCHESS County as the place for trial. TRINITY-PAWLING SCHOOL, and THE BOARD OF TRUSTEES OF TRINITY-PAWLING SCHOOL, The basis of the venue is Defendants' place of Defendants. business. ----------------------------------------------------------------------------X SUMMON_S To the above-named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in this complaint. Dated: Lake Success, New York April 20, 2021 MICHAEL G. DOWD 1981 Marcus Avenue, Suite 200 Lake Success, NY 11042 (212) 751-1640 1 1 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 SWEENEY, REICH & BOLZ, LLP By Gerard J. Sweeney, Esq. 1981 Marcus Avenue, Suite 200 Lake Success, NY 11042 (718) 459-9000 Attorneys for Plaintiff 2 2 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------ --------------------------------------------------------X MGD-10 DOE, Index No. Date Filed: Plaintiff, -against- VERIFIED COMPLAINT TRINITY-PAWLING SCHOOL, and THE BOARD OF TRUSTEES OF TRINITY-PAWLING SCHOOL, Defendants. ---------------------------------------- --------------------------X PLAINTIFF, MGD-10 DOE, by his attorneys, MICHAEL G. DOWD and SWEENEY, REICH & BOLZ, LLP, complaining of DEFENDANTS, hereby alleges the following: JURISDICTION AND VENUE 1. This action is timely commenced pursuant to the New York State Child Victims Act, dated February 14, 2019, and CPLR § 214-g. DEFENDANTS' 2. The Court has jurisdiction pursuant to CPLR § 301 as principal place of business is in New York and because much of the unlawful conduct complained of herein occurred in New York. 3. Venue is proper pursuant to CPLR § 503 because DUTCHESS COUNTY is the principal place of business of DEFENDANTS. In addition, many of the events giving rise to this action occurred in DUTCHESS COUNTY. 1 3 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 AS AND FOR A FIRST CAUSE OF ACTION: NEGLIGE,NT SUPERVISION 4. The PLAINTIFF, MGD-10 DOE, (hereinafter "PLAINTIFF") was born in January of 1958. He is a resident of the State of Connecticut. 5. PLAINTIFF attended TRINITY-PAWLING SCHOOL (hereinafter "TRINITY") 9th from in or around 1972, when he entered the grade, through in or around 1976, 12th when he graduated from grade. 6. DEFENDANT TRINITY is at all material times a private, non-profit corporation doing business in Dutchess County, New York. Founded in 1907, TRINITY is a college preparatory boarding school for grades 9 through 12. 7. Upon information and belief, THE BOARD OF TRUSTEES OF TRINITY- PAWLING SCHOOL (hereinafter "BOARD OF TRUSTEES") was responsible for the operation of TRINITY, including fundraising and hiring administrators and teachers. 8. Upon information and belief, at all material times, GERALD HOLLIS (hereinafter "HOLLIS") was a teacher hired by DEFENDANTS to teach Latin and conduct the Choir Program at TRINITY. 9. Upon information and belief, when HOLLIS met PLAINTIFF in or around 1972, he was an employee and agent of DEFENDANTS acting within the course and scope of his authority as a TRINITY teacher and employee. 10. Sometime after PLAINTIFF met HOLLIS in or around 1972, HOLLIS began a pattern of grooming PLAINTIFF for the purpose of sexually abusing him. This grooming included but was not limited to giving PLAINTIFF special attention, 2 4 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 encouraging PLAINTIFF to join the choir at TRINITY, and time alone spending with PLAINTIFF in HOLLIS'S on-campus apartment. 11. HOLLIS sexually abused PLAINTIFF from about 1972, when PLAINTIFF was about 14 years old, through about 1976, when PLAINTIFF was about 18 years old. 12. HOLLIS would approach PLAINTIFF from behind, put his hands on the PLAINTIFF'S shoulders, and then grind his erect penis, over his clothes, pressing it against PLAINTIFF'S buttocks until he ejaculated on to PLAINTIFF. PLAINTIFF recalls HOLLIS moaning as he ejaculated and then feeling HOLLIS'S penis soften against his buttocks. 13. PLAINTIFF was sexually abused by HOLLIS in the above-described manner approximately 60 times between about 1972 and 1976. 14. PLAINTIFF was sexually abused by HOLLIS in the above-described manner in HOLLIS'S apartment on the campus of TRINITY. 15. HOLLIS continued acting as an employee and agent of TRINITY through the entire period when HOLLIS sexually abused PLAINTIFF. 16. At all material times, PLAINTIFF was aware of no TRINITY rules or regulations or policies concerning or addressing sexual abuse, sexual harassment, and sexual misconduct of TRINITY students, such as PLAINTIFF, by teachers and/or employees such as HOLLIS. 17. During all material times, PLAINTIFF received no training or information in any form, including but not limited to, classroom instruction or oral presentation, through video or written document on how to deal with sexual misconduct, sexual 3 5 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 abuse, sexual boundary violations or sexually harassing behavior TRINITY by teachers and/or employees on students like himself. 18. Upon information and belief, during all times herein, when PLAINTIFF was enrolled in school and communicated and otherwise interacted with HOLLIS, PLAINTIFF was entrusted by his parents to the care of DEFENDANTS and during such periods, DEFENDANTS were acting in the capacity of in loco parentis because DEFENDANTS assumed custody and control over him as a minor child and as a student at the school. 19. Upon information and belief, HOLLIS used his position of trust and authority vested in them by DEFENDANTS for the purpose of sexually abusing PLAINTIFF. 20. Upon information and belief, at all material times, DEFENDANTS had a duty to exercise the same degree of care and supervision over the students, including PLAINTIFF, under their control as a reasonably prudent parent would have exercised under the same circumstances. This means that DEFENDANTS assumed a duty of care to protect the safety and welfare of PLAINTIFF and students at TRINITY. At all material times, DEFENDANTS owed a duty to PLAINTIFF to provide a safe and nurturing educational environment, where he would be protected from administrators and staff like HOLLIS who were under the employment and control of DEFENDANTS. 21. Upon information and belief, during HOLLIS'S employment by DEFENDANTS and while PLAINTIFF was a student in TRINITY'S care, DEFENDANTS failed 4 6 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 to exercise the degree of care that a reasonable prudent parent would have exercised under similar circumstances. 22. At all material times, DEFENDANTS owed a special to PLAINTIFF that duty required DEFENDANTS to take reasonable steps to anticipate such behavior from its employees, like HOLLIS, which threatened the of students safety including PLAINTIFF. 23. A report authored by Sanghavi Law Office, LLC and commissioned by Trinity- Pawling in 2017 ("Sexual Abuse Report"), establishes that HOLLIS abused a wide variety of minor students while at Trinity-Pawling, including the PLAINTIFF. 24. The above-referenced Sexual Abuse Report determined that "there was a distinct pattern in the allegations raised against HOLLIS. Specifically, all nine of the former students who came forward describe the same types of conduct and manner of engagement. Eight of the nine described the same means of approach by HOLLIS, and either described the same location of the conduct. And many of students' the accounts overlapped in terms of the number of instances of conduct conduct." and in terms of other aspects of the context and circumstances of the 25. The above-referenced Sexual Abuse Report concluded that "the totality of the information obtained during this Investigation was sufficient to find by a preponderance of the evidence that on multiple occasions in the early 1970s, during a time period when Student A was participating in a School activity led by HOLLIS, HOLLIS engaged in unwelcome and inappropriate physical, sexual A." contact with Student 5 7 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 A." 26. Upon information and belief, PLAINTIFF is identified as "Student 27. The above-referenced Sexual Abuse Report concluded that "HOLLIS'S conduct toward each of these nine former students would have violated the 1992 policy, had it been in effect at the time of the conduct... The Investigative Team therefore concluded by a preponderance of the evidence that HOLLIS engaged in sexual misconduct toward each of these nine students while they were students at the School." 28. At all material times, DEFENDANTS had a duty to properly supervise HOLLIS as their employee because of their duty to take care of PLAINTIFF. 29. At all material times, PLAINTIFF reposed his trust and confidence as student and minor individual in HOLLIS, and DEFENDANTS, who occupied a superior position of influence and authority over PLAINTIFF, to provide PLAINTIFF with a safe and secure educational environment. 30. Upon information and belief, at all material times, DEFENDANTS knew or should have known of HOLLIS'S propensity to sexually abuse minor students. 31. The above-referenced Sexual Abuse Report inquired into allegations of misconduct and determined that "one former Trinity-Pawling faculty member who was at the School while Phil Smith was headmaster ("Faculty Member 1") notes with regard to HOLLIS that there were always rumors, but Faculty Member 1 said that he did not have actual knowledge of anything and never heard of HOLLIS being aggressive or going over the bounds of proper behavior. The faculty member stated, "You didn't delve into those areas back then. I wish we had." 6 8 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 32. The above referenced Sexual Abuse Report concluded that "Student A informed Trinity-Pawling of his allegations against HOLLIS in the late 2000s, many years after Student A was a student at Trinity-Pawling, and after HOLLIS had died. The available information suggests that Archibald Smith (the headmaster) sought to determine what responsive actions Student A might be seeking, but there is little to indicate that the School attempted to gather details about Student A's HOLLIS." interactions with 33. Upon information and belief, DEFENDANTS negligently failed to adequately implement a reasonable or effective supervisory system, plan, or protocol or procedure for supervising personnel so as to prevent inappropriate, offensive, sexual and/or abuse or contact of students by TRINITY employees. 34. Upon information and belief, the injuries to PLAINTIFF resulted from DEFENDANTS' failure to provide PLAINTIFF with supervision of a parent of ordinary prudence under the same circumstances. 35. Upon information and belief, the injuries to PLAINTIFF were foreseeable DEFENDANTS' consequences of negligent failure to supervise HOLLIS and PLAINTIFF. Said injuries were caused by or contributed to by the carelessness, recklessness and the negligent conduct of DEFENDANTS, their agents, grossly servants and/or employees, in failing to properly and adequately supervise the conduct of HOLLIS as it related to PLAINTIFF. 36. DEFENDANTS were wanton, reckless, officially tolerant and deliberately indifferent to abuse of PLAINTIFF by HOLLIS. 7 9 of 18 FILED: NEW DUTCHESS YORK COUNTY CLERK 11/07/2022 04/20/2021 01:56 03:39 PM INDEX INDEXNO. NO.451540/2021 2021-51456 NYSCEF DOC. NO. 94 1 RECEIVED NYSCEF: 11/07/2022 04/20/2021 37. By reason of the foregoing, PLAINTIFF sustained physical and psychological injuries, including but not limited to, severe emotional distress, confusion, humiliation, fright, anxiety, a severe shock to his nervous system, and has been caused to suffer physical pain and mental anguish, emotional and psychological damages as a result thereof, and, upon information and belief, some or all of these injuries are of a permanent and lasting nature; and that PLAINTIFF as a result has become and will continue to be obligated to expend sums of money for medical expenses for treatment of said maladies. 38. That by reason of the foregoing, DEFENDANTS are liable to PLAINTIFF for punitive and exemplary damages. 39. It is hereby alleged pursuant to CPLR § 1603 that the foregoing cause of action is exempt from the operation of CPLR § 1601 by reason of one or more of the exemptions provided in CPLR § 1602, including but not limited to CPLR § 1602(7). 40. That the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION: NEGLIGENT RETENTION 41. PLAINTIFF repeats and realleges the above paragraphs of this Complaint as if fully set forth