Preview
FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------_-____________Ç
JANE DOE, The Name Being Fictitious to Index No.: 521695/2023
Protect the Plaintiff's Identity,
Plaintiff, VERIFIED ANSWER
-against-
FR. BONY MONASTERE, ST. THERESE OF LISIEUX
R.C. CHURCH and DIOCESE OF BROOKLYN,
Defendants.
-------------------------,----------------------_-__----------Ç
C O U N S E L O R S :
Defendant, FR. BONY MONASTERE, by his attorneys, White and McSpedon, P.C., answering
the plaintiffs Verified Complaint, herein upon information and belief:
PARTIES
1. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered "1".
2. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered "2", "3", "4", "5", "6", "7", and refer
all questions of law to this Honorable Court.
JURISDICTION
3. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered "8", and refer all questions of law to
this Honorable Court.
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FACTUAL ALLEGATIONS
4. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered "9", "12", "13", "14", "15", "18",
"22", "23", "24", and refer all questions of law to this Honorable Court.
5. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"10", "11", "16", "17", "19", "20", "21", "25", and refer all questions of law to this Honorable Court.
AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE
6. Answering defendant repeat each and every denial to each and every allegation of the
"26"
Complaint which is realleged in the paragraph numbered thereof as herein before denied.
7. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered "27", "28", "29", "30", "31", "33",
and refer all questions of law to this Honorable Court.
8. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"32", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", and refer all questions of law to
this Honorable Court.
AS AND FOR A SECOND CAUSE OF ACTION FOR
NEGLIGENT TRAINING AND SUPERVISION OF EMPLOYEES
9. Answering defendant repeats each and every denial to each and every allegation of the
"45"
Complaint which is realleged in the paragraph numbered thereof as herein before denied.
10. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"46", "47", "48", "49", "50", "51", and refer all questions of law to this Honorable Court.
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AS AND FOR A THIRD CAUSE OF ACTION FOR
NEGLIGENT RETENTION OF EMPLOYEES
11. Answering defendant repeats each and every denial to each and every allegation of the
"52"
Complaint which is realleged in the paragraph numbered thereof as herein before denied.
12. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"53", "54", "55", "56", "57", "58", and refer all questions of law to this Honorable Court.
AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE
13. In the event plaintiffs recover a verdict or judgment against this defendant, then said
verdict or judgment must be reduced pursuant to CPLR §4545(c) by those amounts which have been, or
will, with reasonable certainty, replace or indemnify plaintiffs, in whole or in part, for any past or future
claims, economic loss, from any collateral source including but not limited to insurance, Social Security,
Workers'
Compensation or employee benefits program.
AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE
14. That this answering defendant claims that he is not responsible to the plaintiffs herein.
However, to the extent that the trier of the facts finds liability of 50 per cent or less as defined by Article
16 of the CPLR, this answering defendant claims entitlement to the benefits set forth.
AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE
15. That defendant demands per CPLR §3017 that plaintiff specify the amount of relief he is
seeking in this action.
AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE
16. That the plaintiffs have failed to mitigate and/or reduce their damages and losses, if any,
as alleged in the Complaint.
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AS AND FOR A FIFTH COMPLETE AFFIRMATIVE DEFENSE
17. That the Complaint fails to set forth facts sufficient to constitute a cause and/or causes of
action upon which relief may be granted insofar as this defendant is concerned.
AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE
18. That the answering defendant was without notice of any of the purported conditions
alleged in this Complaint.
AS AND FOR A SEVENTH COMPLETE AFFIRMATIVE DEFENSE
19. That the applicable Statutes of Limitations pertaining to these types of claims and/or
actions have expired. Therefore, this suit is barred as a matter of law as to the plaintiff.
AS AND FOR AN EIGHTH COMPLETE AFFIRMATIVE DEFENSE
20. That the plaintiff's actions are barred by the doctrine of laches, waives, and/or estoppel.
AS AND FOR A NINTH COMPLETE AFFIRMATIVE DEFENSE
21. The defendant's constitutional rights were violated by the unconstitutional change of the
statute of limitations.
AS AND FOR A TENTH COMPLETE AFFIRMATIVE DEFENSE
22. That the answering defendant hereby gives notice that it intends to assert such other and
further defenses as may become available or apparent during discovery in this action and thereby reserve
the right to amend its answer and to assert such defenses by appropriate motion and/or during trial.
AS AND FOR AN ELEVENTH COMPLETE AFFIRMATIVE DEFENSE
23. 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
defense."
or occurrences, intended to be proved and the material elements of each cause of action or S_ee
CPLR 3013.
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AS AND FOR A TWELFTH COMPLETE AFFIRMATIVE DEFENSE
24. The Complaint, to the extent that it seeks exemplary or punitive damages, violates this
answering defendant'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 whicheither punitive or exemplary damages can be awarded.
AS AND FOR A THIRTEENTH COMPLETE AFFIRMATIVE DEFENSE
25. The Complaint, to the extent that it seeks punitive or exemplary damages, violates this
fines"
answering defendant'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 this
provided-
answering defendant's right to substantive due process as in the Fifth and Fourteenth
Amendments of the United States Constitution, and the Constitution of the State of New York, and
therefore fails to state a cause of action supporting the punitive or exemplary damages claimed.
AS AND FOR A FOURTEENTH COMPLETE AFFIRMATIVE DEFENSE
26. This answering defendant asserts that they entitled to any and all rights and protection
provided under GOL 15-108.
WHEREFORE, defendant demand judgment dismissing the Complaint and that the Court
apportion responsibility, if any, among the parties together with the costs and disbursements of this
action.
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Dated: New York, New York
October 18, 2023
Yours, etc.,
WHITE & McSPEDON, P.C.
By:
Christop r J. ite, Esq.
875 Avenue o e Americas, Suite 800
New York, New York 10001
(212) 564-6633
Attorneys for Defendant,
Fr. Bony Monastere
TO:
RHEINGOLD GIUFFRA RUFFO
& PLOTKIN, LLP
Avenue- 29th
551 Fifth FlOOr
New York, New York 10176
Attn: Thomas P. Giuffra, Esq.
212-684-1880
tgiuffra@rheingoldlaw.com
Attorneys for Plaintiff
6250/rd
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice law in the Courts of the State of New York,
shows:
That deponent is a member of the firm of White and McSpedon, P.C., attorneys of record for the
defendant, Fr. Bony Monastere, in the within action;
That deponent has read the foregoing Answer and knows the contents thereof; that the same is
true to deponents knowledge, except as to the matters deponent therein stated to be alleged upon
information and belief, and as to those matters deponent believes it to be true. Deponent further says
that the reason this verification is made by deponent and not by defendant is said defendant is outside
the County wherein deponent maintains his offices.
The grounds of deponents belief as to all matters not stated upon deponent's knowledge are as
follows: Investigation and Reports.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
October 18, 2023
CHRISTOPHER . HITE
6250:rd
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No.
Index 521695 Year 202023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JANE DOE, The Name Being Fictitious to
Protect the Plaintiff's Identity,
Plaintiff,
- against -
FR. BONY MONASTERE, ST. THERESE OF LISIEUX
R.C. CHURCH and DIOCESE OF BROOKLYN,
Defendants.
VERIFIED ANSWER
WHITE & McSPEDON, P.C.
Attorneys for
Defendant, FR. Bony Monastere
875 AVENUE OF THE AMERICAS
SUITE 800
6250:rd
NEW YORK, N.Y. 10001
(212) 564-6633
FAX: (212) 564-9799
Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed
document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not
óbtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are
not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential
claims for personal injury or wrongfu< death,'the matter was not obtained in violation of 22 NYCRR 1200.41-a.
Dated:............................................ signature ...................................................................................................................................
Print Signer's Name...................................................................................................................
Service of a copy of the within is hereby admitted.
Dated:
.....................................................................................................................................................................
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy ofa
NOTICEOF entered in the office of the clerk of the within-named Court on 20
ENTRY
that an Order of.which the within is a true copy will be presented for settlement to the
NOTICEOF Hon.
, one of the judges of the within-named Court,
SETTLEMENT at
on 20 , at M
Dated:
WHITE & McSPEDON, P.C.
Attorneys for
875 AVENUE OF THE AMERICAS
To: SUITE 800
NEW YORK, N.Y. 10001
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Preview
FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------_-____________Ç JANE DOE, The Name Being Fictitious to Index No.: 521695/2023 Protect the Plaintiff's Identity, Plaintiff, VERIFIED ANSWER -against- FR. BONY MONASTERE, ST. THERESE OF LISIEUX R.C. CHURCH and DIOCESE OF BROOKLYN, Defendants. -------------------------,----------------------_-__----------Ç C O U N S E L O R S : Defendant, FR. BONY MONASTERE, by his attorneys, White and McSpedon, P.C., answering the plaintiffs Verified Complaint, herein upon information and belief: PARTIES 1. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered "1". 2. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered "2", "3", "4", "5", "6", "7", and refer all questions of law to this Honorable Court. JURISDICTION 3. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered "8", and refer all questions of law to this Honorable Court. 1 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 FACTUAL ALLEGATIONS 4. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered "9", "12", "13", "14", "15", "18", "22", "23", "24", and refer all questions of law to this Honorable Court. 5. Deny each and every allegation contained in the paragraphs of the Complaint numbered "10", "11", "16", "17", "19", "20", "21", "25", and refer all questions of law to this Honorable Court. AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE 6. Answering defendant repeat each and every denial to each and every allegation of the "26" Complaint which is realleged in the paragraph numbered thereof as herein before denied. 7. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered "27", "28", "29", "30", "31", "33", and refer all questions of law to this Honorable Court. 8. Deny each and every allegation contained in the paragraphs of the Complaint numbered "32", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", and refer all questions of law to this Honorable Court. AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENT TRAINING AND SUPERVISION OF EMPLOYEES 9. Answering defendant repeats each and every denial to each and every allegation of the "45" Complaint which is realleged in the paragraph numbered thereof as herein before denied. 10. Deny each and every allegation contained in the paragraphs of the Complaint numbered "46", "47", "48", "49", "50", "51", and refer all questions of law to this Honorable Court. 2 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 AS AND FOR A THIRD CAUSE OF ACTION FOR NEGLIGENT RETENTION OF EMPLOYEES 11. Answering defendant repeats each and every denial to each and every allegation of the "52" Complaint which is realleged in the paragraph numbered thereof as herein before denied. 12. Deny each and every allegation contained in the paragraphs of the Complaint numbered "53", "54", "55", "56", "57", "58", and refer all questions of law to this Honorable Court. AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE 13. In the event plaintiffs recover a verdict or judgment against this defendant, then said verdict or judgment must be reduced pursuant to CPLR §4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify plaintiffs, in whole or in part, for any past or future claims, economic loss, from any collateral source including but not limited to insurance, Social Security, Workers' Compensation or employee benefits program. AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE 14. That this answering defendant claims that he is not responsible to the plaintiffs herein. However, to the extent that the trier of the facts finds liability of 50 per cent or less as defined by Article 16 of the CPLR, this answering defendant claims entitlement to the benefits set forth. AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE 15. That defendant demands per CPLR §3017 that plaintiff specify the amount of relief he is seeking in this action. AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE 16. That the plaintiffs have failed to mitigate and/or reduce their damages and losses, if any, as alleged in the Complaint. 3 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 AS AND FOR A FIFTH COMPLETE AFFIRMATIVE DEFENSE 17. That the Complaint fails to set forth facts sufficient to constitute a cause and/or causes of action upon which relief may be granted insofar as this defendant is concerned. AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE 18. That the answering defendant was without notice of any of the purported conditions alleged in this Complaint. AS AND FOR A SEVENTH COMPLETE AFFIRMATIVE DEFENSE 19. That the applicable Statutes of Limitations pertaining to these types of claims and/or actions have expired. Therefore, this suit is barred as a matter of law as to the plaintiff. AS AND FOR AN EIGHTH COMPLETE AFFIRMATIVE DEFENSE 20. That the plaintiff's actions are barred by the doctrine of laches, waives, and/or estoppel. AS AND FOR A NINTH COMPLETE AFFIRMATIVE DEFENSE 21. The defendant's constitutional rights were violated by the unconstitutional change of the statute of limitations. AS AND FOR A TENTH COMPLETE AFFIRMATIVE DEFENSE 22. That the answering defendant hereby gives notice that it intends to assert such other and further defenses as may become available or apparent during discovery in this action and thereby reserve the right to amend its answer and to assert such defenses by appropriate motion and/or during trial. AS AND FOR AN ELEVENTH COMPLETE AFFIRMATIVE DEFENSE 23. 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 defense." or occurrences, intended to be proved and the material elements of each cause of action or S_ee CPLR 3013. 4 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 AS AND FOR A TWELFTH COMPLETE AFFIRMATIVE DEFENSE 24. The Complaint, to the extent that it seeks exemplary or punitive damages, violates this answering defendant'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 whicheither punitive or exemplary damages can be awarded. AS AND FOR A THIRTEENTH COMPLETE AFFIRMATIVE DEFENSE 25. The Complaint, to the extent that it seeks punitive or exemplary damages, violates this fines" answering defendant'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 this provided- answering defendant's right to substantive due process as in the Fifth and Fourteenth Amendments of the United States Constitution, and the Constitution of the State of New York, and therefore fails to state a cause of action supporting the punitive or exemplary damages claimed. AS AND FOR A FOURTEENTH COMPLETE AFFIRMATIVE DEFENSE 26. This answering defendant asserts that they entitled to any and all rights and protection provided under GOL 15-108. WHEREFORE, defendant demand judgment dismissing the Complaint and that the Court apportion responsibility, if any, among the parties together with the costs and disbursements of this action. 5 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 Dated: New York, New York October 18, 2023 Yours, etc., WHITE & McSPEDON, P.C. By: Christop r J. ite, Esq. 875 Avenue o e Americas, Suite 800 New York, New York 10001 (212) 564-6633 Attorneys for Defendant, Fr. Bony Monastere TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN, LLP Avenue- 29th 551 Fifth FlOOr New York, New York 10176 Attn: Thomas P. Giuffra, Esq. 212-684-1880 tgiuffra@rheingoldlaw.com Attorneys for Plaintiff 6250/rd 6 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice law in the Courts of the State of New York, shows: That deponent is a member of the firm of White and McSpedon, P.C., attorneys of record for the defendant, Fr. Bony Monastere, in the within action; That deponent has read the foregoing Answer and knows the contents thereof; that the same is true to deponents knowledge, except as to the matters deponent therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. Deponent further says that the reason this verification is made by deponent and not by defendant is said defendant is outside the County wherein deponent maintains his offices. The grounds of deponents belief as to all matters not stated upon deponent's knowledge are as follows: Investigation and Reports. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York October 18, 2023 CHRISTOPHER . HITE 6250:rd 7 of 8 FILED: KINGS COUNTY CLERK 10/24/2023 02:41 PM INDEX NO. 521695/2023 No. Index 521695 Year 202023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JANE DOE, The Name Being Fictitious to Protect the Plaintiff's Identity, Plaintiff, - against - FR. BONY MONASTERE, ST. THERESE OF LISIEUX R.C. CHURCH and DIOCESE OF BROOKLYN, Defendants. VERIFIED ANSWER WHITE & McSPEDON, P.C. Attorneys for Defendant, FR. Bony Monastere 875 AVENUE OF THE AMERICAS SUITE 800 6250:rd NEW YORK, N.Y. 10001 (212) 564-6633 FAX: (212) 564-9799 Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not óbtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongfu< death,'the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated:............................................ signature ................................................................................................................................... Print Signer's Name................................................................................................................... Service of a copy of the within is hereby admitted. Dated: ..................................................................................................................................................................... Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy ofa NOTICEOF entered in the office of the clerk of the within-named Court on 20 ENTRY that an Order of.which the within is a true copy will be presented for settlement to the NOTICEOF Hon. , one of the judges of the within-named Court, SETTLEMENT at on 20 , at M Dated: WHITE & McSPEDON, P.C. Attorneys for 875 AVENUE OF THE AMERICAS To: SUITE 800 NEW YORK, N.Y. 10001 8 of 8