Preview
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
Exhibit
7
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
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Index No.: 907965-20
JOHN DOE 1,
AMENDED VERIFIED
Plaintiffs, BILL OF PARTICULARS
-against -
CHRISTIAN BROTHERS ACADMY, ROMAN
CATHOLIC DIOCESE OF ALBANY, DISTRICT OF
EASTERN NORTH AMERICA- THE BROTHERS OF
THE CHRISTIAN SCHOOLS, and SANDRA BETH
GEISEL,
Defendants.
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SIRS:
Plaintiff, above-named, as and for his response to Defendant DISTRICT OF EASTERN
NORTH AMERICA- THE BROTHERS OF CHRISTIAN SCHOOLS’s Demand for Verified
Bills of Particulars, state as follows:
1. Objection. Plaintiff objects to defendant’s demand because said demand is overly broad
and overly burdensome, in that said demand requires Plaintiff to recount specific dates, times and
locations from events that occurred approximately seventeen (17) years ago. Without waiving the
foregoing or other applicable objections, the alleged intentional acts, negligence, and/or omissions
occurred approximately from January 2005 through June 2005. The sexual abuse occurred multiple
times during the aforementioned period. Plaintiff reserves the right to amend, modify, and/or
supplement this response at any time, including the time of trial.
3. Objection. Plaintiff objects to defendant’s demand on the grounds that the information is
already in defendant’s possession and violates CPLR §3043 and CPLR §3130. Moreover, this
information is not within plaintiff’s knowledge at this time, as discovery is just commencing, and
plaintiff’s do not have access to any of defendant’s information or discovery at this time.
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
Notwithstanding and without waiving the forgoing, plaintiff alleges that prior to and during the
time that plaintiff was sexually abused, defendant and/or its agents, servants and/or employees
knew or should have know that Defendant Sandra Beth Geisel sexually abused children, including
but not limited to plaintiff, or had the propensity to do so, that the abuse occurred on defendant’s
property, that its policies, procedures, rules, regulations, protocols, guidelines, training, hiring
practices and supervision were inadequate to identify, stop and/or prevent sexual abuse, and that
its culture accepted, condoned, encouraged and/or permitted sexual abuse of children, including
plaintiff to happen. Upon information and belief, defendant had knowledge that defendant Sandra
Beth Geisel sexually abused multiple young boys attending defendant Christian Brothers Academy
during Defendant Geisel’s employment at said school. Further, Defendant knew or should have
known that Defendant was sexually abusing students from a photograph circulated after a trip to
Florida where Ms. Geisel was intoxicated and posed touching a students buttocks; Defendants
knew Ms. Geisel was sexually abusing students when they installed a window in her office,
Defendants knew or should have known that Ms. Geisel was sexually abusing students from
faculty complaints about her being alone with students in her office; Mr. Atkinson was aware that
Ms. Geisel was sexually abusing students including but not limited to him telling Plaintiff John
Doe 1 to cease the sexual contact with Ms. Geisel; and Mr. Atkinson knew or should have known
that Ms. Geisel was sexually abusing students when he granted Ms. Geisel permission to take
Plaintiff off school property to her home. Plaintiff reserves the right to amend, modify and/or
supplement this response as discovery continues in the case, and up to and including trial.
6. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130. Without aiving the
foregoing and other objections:
• Bryant Luizzi from approximately January 2005 through June 2005
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
• Michael Syrell from approximately January 2005 through June 2005
• Will Drake in or about winter of 2005
10. Plaintiff sustained the following injuries and complications which were caused,
contributed to and/or aggravated by the defendant’s negligence:
• Severe anxiety and sequalae thereto;
• Severe depression and sequalae thereto;
• Embarrassment and sequalae thereto;
• Shame and sequalae thereto;
• Mental anguish and sequala thereto;
• Humiliation;
• Fear and sequalae thereto;
• Stress and sequalae thereto;
• Physical pain and suffering and sequalae thereto;
• Inability to perform activities of daily living;
• Post-traumatic stress disorder;
• Anxiety;
• Depression;
• Inability to maintain relationships;
• Emotional pain and suffering and sequalae thereto;
• Destruction of familial relationships and sequalae thereto;
• Feelings of betrayal;
• Difficulty maintaining steady and fulfilling employment;
• Difficulty maintaining a high level of academic performance and achievement; and
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
• Other injuries not yet ascertained at this time.
Plaintiff claims that all the above-listed injuries and complications were permanent,
protracted, and progressive in that they are continuing to this day and will continue into the
foreseeable future.
11. Objection. Beyond the scope of CLPR §3043, violates CPLR §3130, requests information
already in defendant’s possession, and is vague. Moreover, this information is not within Plaintiff’s
knowledge at this time as discovery is just commencing and plaintiff’s do not have access to any
of defendant’s information or discovery at this time. Notwithstanding and without waiving the
foregoing, the answering defendant and/or defendant’s agents, servants, and/or employees were
negligent and/or grossly negligent and/or otherwise acted improperly and/or unlawfully in failing
to protect plaintiff from sexual abuse; in failing to protect plaintiff from sexual abuse; in failing to
supervise plaintiff; in failing to supervise its schools; in failing to properly train faculty at its
schools to recognize and/or prevent sexual abuse by the teachers; in failing to stop the sexual abuse
despite knowing Geisel had the propensity to sexually abuse children; in failing to stop the abuse
despite knowing Geisel sexually abused children including plaintiff; in failing to properly perform
a background check when hiring defendant Geisel; in failing to properly interview Geisel; in
failing to properly and/or adequately monitor Geisel; in failing to properly and/or adequately
monitor Geisel; in retaining Geisel despite knowing she sexually abused students; in improperly
permitting Geisel to have unfettered access to children despite knowing she sexually abused
children; in failing to warn the public including parents and students about Geisel’s propensity to
sexually abuse children; in allowing defendant Geisel access to children despite open and obvious
signs that defendant Geisel acted inappropriately with children; in failing to report defendant
Geisel’s sexual abuse to the New York State Department of Education and other entities mandated
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
by New York Social Services Law §413; in failing to report defendant Geisel to the police; in
failing to report Geisel to the New York State Board of Education; in improperly allowing
defendant Geisel access to children without adequate supervision; in failing to monitor, supervise
and make sure that students were not being sexually abused at its schools; in failing to have proper
training; in failing to stop the sexual abuse; in failing to have proper hiring practices; in failing to
properly train school administrators to recognize when its teachers are sexually abusing students;
in allowing and/or permitting plaintiff to be sexually abused; in failing to have proper guidelines
for reporting sexual abuse; in failing to remove, discipline, discharge and/or supervise defendant
Geisel; in failing to keep Geisel away from children including plaintiff; in failing to properly screen
defendant Geisel; in failing to ensure that faculty members of its schools were not sexually abusing
children; in failing to effectively convey that sexually abusing students was unacceptable; in failing
to take steps to protect children including plaintiff despite knowing that teachers including
defendant Geisel were sexually abusing children including plaintiff; in failing to instruct agents,
servants and/or employees to report sexual abuse and/or inappropriate conduct; in defendant’s
employees failing to stop the abuse; in defendants agents, servants and/or employees failing to
stop and/or report the abuse; in failing to timely contact law enforcement; in failing to properly
supervise Plaintiff; in failing to terminate Geisel for inappropriate behavior with students; in failing
to terminate Geisel despite knowing she was engaging in inappropriate behavior with students; in
failing to supervise Geisel with students despite knowing she was engaging in inappropriate
behavior with students; in improperly granting Geisel permission to take Plaintiff off campus and
to her home; in failing to investigate Geisel for inappropriate behavior with students; in failing to
investigate Ms. Geisel for being alone with students in her office; in failing to investigate Ms.
Geisel for being intoxicated around students; in failing to investigate Ms. Geisel for sexually
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
abusing students; in failing to investigate Ms. Geisel for supplying students with alcohol; in
improperly giving Geisel unfettered access to students; in failing to investigate Ms. Geisel for
being alone with students; in failing to investigate Ms. Geisel’s sexual abuse of students on school
property; in failing to report Ms. Geisel’s sexual abuse of students to authorities; in failing to have
rules in place to prevent teachers from sexually abusing students; in failing to have policies and/or
procedures in place to prevent teachers from sexually abusing students.
12. Kindly refer to response #3.
Dated: New York, New York
April 24, 2023 MERSON LAW, PLLC
By: __________________________
Jordan K. Merson
Sarah R. Cantos
Attorney for Plaintiffs
950 Third Avenue, 18th Floor
New York, New York 10022
(212) 603-9100
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
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Index No.: 907965-20
JOHN DOE 1,
ATTORNEY
Plaintiffs, VERIFICATION
-against -
CHRISTIAN BROTHERS ACADMY, ROMAN
CATHOLIC DIOCESE OF ALBANY, DISTRICT OF
EASTERN NORTH AMERICA- THE BROTHERS OF
THE CHRISTIAN SCHOOLS, and SANDRA BETH
GEISEL,
Defendants.
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SARAH R. CANTOS, an attorney duly admitted to practice in the Courts of New
York State, and an associate of the firm MERSON LAW, PLLC., attorneys for the plaintiffs
in the within action, hereby affirms under penalty of perjury:
That she has read the within AMENDED VERIFIED BILL OF PARTICULARS and
knows the contents thereof, and that the same is true to her own knowledge, except as to the matters
therein stated to be alleged upon information and belief, and that as to those matters she believes
it to be true.
That the sources of her information and knowledge are investigations and records in the
file.
That the reason this verification is made by affirmant and not by the plaintiffs is that the
plaintiffs are not within the County where the attorney has her office.
Dated: New York, New York
April 24, 2023
__________________________
SARAH R. CANTOS
Preview
FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 Exhibit 7 FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ---------------------------------------------------------------------X Index No.: 907965-20 JOHN DOE 1, AMENDED VERIFIED Plaintiffs, BILL OF PARTICULARS -against - CHRISTIAN BROTHERS ACADMY, ROMAN CATHOLIC DIOCESE OF ALBANY, DISTRICT OF EASTERN NORTH AMERICA- THE BROTHERS OF THE CHRISTIAN SCHOOLS, and SANDRA BETH GEISEL, Defendants. ---------------------------------------------------------------------X SIRS: Plaintiff, above-named, as and for his response to Defendant DISTRICT OF EASTERN NORTH AMERICA- THE BROTHERS OF CHRISTIAN SCHOOLS’s Demand for Verified Bills of Particulars, state as follows: 1. Objection. Plaintiff objects to defendant’s demand because said demand is overly broad and overly burdensome, in that said demand requires Plaintiff to recount specific dates, times and locations from events that occurred approximately seventeen (17) years ago. Without waiving the foregoing or other applicable objections, the alleged intentional acts, negligence, and/or omissions occurred approximately from January 2005 through June 2005. The sexual abuse occurred multiple times during the aforementioned period. Plaintiff reserves the right to amend, modify, and/or supplement this response at any time, including the time of trial. 3. Objection. Plaintiff objects to defendant’s demand on the grounds that the information is already in defendant’s possession and violates CPLR §3043 and CPLR §3130. Moreover, this information is not within plaintiff’s knowledge at this time, as discovery is just commencing, and plaintiff’s do not have access to any of defendant’s information or discovery at this time. FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 Notwithstanding and without waiving the forgoing, plaintiff alleges that prior to and during the time that plaintiff was sexually abused, defendant and/or its agents, servants and/or employees knew or should have know that Defendant Sandra Beth Geisel sexually abused children, including but not limited to plaintiff, or had the propensity to do so, that the abuse occurred on defendant’s property, that its policies, procedures, rules, regulations, protocols, guidelines, training, hiring practices and supervision were inadequate to identify, stop and/or prevent sexual abuse, and that its culture accepted, condoned, encouraged and/or permitted sexual abuse of children, including plaintiff to happen. Upon information and belief, defendant had knowledge that defendant Sandra Beth Geisel sexually abused multiple young boys attending defendant Christian Brothers Academy during Defendant Geisel’s employment at said school. Further, Defendant knew or should have known that Defendant was sexually abusing students from a photograph circulated after a trip to Florida where Ms. Geisel was intoxicated and posed touching a students buttocks; Defendants knew Ms. Geisel was sexually abusing students when they installed a window in her office, Defendants knew or should have known that Ms. Geisel was sexually abusing students from faculty complaints about her being alone with students in her office; Mr. Atkinson was aware that Ms. Geisel was sexually abusing students including but not limited to him telling Plaintiff John Doe 1 to cease the sexual contact with Ms. Geisel; and Mr. Atkinson knew or should have known that Ms. Geisel was sexually abusing students when he granted Ms. Geisel permission to take Plaintiff off school property to her home. Plaintiff reserves the right to amend, modify and/or supplement this response as discovery continues in the case, and up to and including trial. 6. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130. Without aiving the foregoing and other objections: • Bryant Luizzi from approximately January 2005 through June 2005 FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 • Michael Syrell from approximately January 2005 through June 2005 • Will Drake in or about winter of 2005 10. Plaintiff sustained the following injuries and complications which were caused, contributed to and/or aggravated by the defendant’s negligence: • Severe anxiety and sequalae thereto; • Severe depression and sequalae thereto; • Embarrassment and sequalae thereto; • Shame and sequalae thereto; • Mental anguish and sequala thereto; • Humiliation; • Fear and sequalae thereto; • Stress and sequalae thereto; • Physical pain and suffering and sequalae thereto; • Inability to perform activities of daily living; • Post-traumatic stress disorder; • Anxiety; • Depression; • Inability to maintain relationships; • Emotional pain and suffering and sequalae thereto; • Destruction of familial relationships and sequalae thereto; • Feelings of betrayal; • Difficulty maintaining steady and fulfilling employment; • Difficulty maintaining a high level of academic performance and achievement; and FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 • Other injuries not yet ascertained at this time. Plaintiff claims that all the above-listed injuries and complications were permanent, protracted, and progressive in that they are continuing to this day and will continue into the foreseeable future. 11. Objection. Beyond the scope of CLPR §3043, violates CPLR §3130, requests information already in defendant’s possession, and is vague. Moreover, this information is not within Plaintiff’s knowledge at this time as discovery is just commencing and plaintiff’s do not have access to any of defendant’s information or discovery at this time. Notwithstanding and without waiving the foregoing, the answering defendant and/or defendant’s agents, servants, and/or employees were negligent and/or grossly negligent and/or otherwise acted improperly and/or unlawfully in failing to protect plaintiff from sexual abuse; in failing to protect plaintiff from sexual abuse; in failing to supervise plaintiff; in failing to supervise its schools; in failing to properly train faculty at its schools to recognize and/or prevent sexual abuse by the teachers; in failing to stop the sexual abuse despite knowing Geisel had the propensity to sexually abuse children; in failing to stop the abuse despite knowing Geisel sexually abused children including plaintiff; in failing to properly perform a background check when hiring defendant Geisel; in failing to properly interview Geisel; in failing to properly and/or adequately monitor Geisel; in failing to properly and/or adequately monitor Geisel; in retaining Geisel despite knowing she sexually abused students; in improperly permitting Geisel to have unfettered access to children despite knowing she sexually abused children; in failing to warn the public including parents and students about Geisel’s propensity to sexually abuse children; in allowing defendant Geisel access to children despite open and obvious signs that defendant Geisel acted inappropriately with children; in failing to report defendant Geisel’s sexual abuse to the New York State Department of Education and other entities mandated FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 by New York Social Services Law §413; in failing to report defendant Geisel to the police; in failing to report Geisel to the New York State Board of Education; in improperly allowing defendant Geisel access to children without adequate supervision; in failing to monitor, supervise and make sure that students were not being sexually abused at its schools; in failing to have proper training; in failing to stop the sexual abuse; in failing to have proper hiring practices; in failing to properly train school administrators to recognize when its teachers are sexually abusing students; in allowing and/or permitting plaintiff to be sexually abused; in failing to have proper guidelines for reporting sexual abuse; in failing to remove, discipline, discharge and/or supervise defendant Geisel; in failing to keep Geisel away from children including plaintiff; in failing to properly screen defendant Geisel; in failing to ensure that faculty members of its schools were not sexually abusing children; in failing to effectively convey that sexually abusing students was unacceptable; in failing to take steps to protect children including plaintiff despite knowing that teachers including defendant Geisel were sexually abusing children including plaintiff; in failing to instruct agents, servants and/or employees to report sexual abuse and/or inappropriate conduct; in defendant’s employees failing to stop the abuse; in defendants agents, servants and/or employees failing to stop and/or report the abuse; in failing to timely contact law enforcement; in failing to properly supervise Plaintiff; in failing to terminate Geisel for inappropriate behavior with students; in failing to terminate Geisel despite knowing she was engaging in inappropriate behavior with students; in failing to supervise Geisel with students despite knowing she was engaging in inappropriate behavior with students; in improperly granting Geisel permission to take Plaintiff off campus and to her home; in failing to investigate Geisel for inappropriate behavior with students; in failing to investigate Ms. Geisel for being alone with students in her office; in failing to investigate Ms. Geisel for being intoxicated around students; in failing to investigate Ms. Geisel for sexually FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 abusing students; in failing to investigate Ms. Geisel for supplying students with alcohol; in improperly giving Geisel unfettered access to students; in failing to investigate Ms. Geisel for being alone with students; in failing to investigate Ms. Geisel’s sexual abuse of students on school property; in failing to report Ms. Geisel’s sexual abuse of students to authorities; in failing to have rules in place to prevent teachers from sexually abusing students; in failing to have policies and/or procedures in place to prevent teachers from sexually abusing students. 12. Kindly refer to response #3. Dated: New York, New York April 24, 2023 MERSON LAW, PLLC By: __________________________ Jordan K. Merson Sarah R. Cantos Attorney for Plaintiffs 950 Third Avenue, 18th Floor New York, New York 10022 (212) 603-9100 FILED: ALBANY COUNTY CLERK 03/29/2024 04:45 PM INDEX NO. 907965-20 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 03/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ---------------------------------------------------------------------X Index No.: 907965-20 JOHN DOE 1, ATTORNEY Plaintiffs, VERIFICATION -against - CHRISTIAN BROTHERS ACADMY, ROMAN CATHOLIC DIOCESE OF ALBANY, DISTRICT OF EASTERN NORTH AMERICA- THE BROTHERS OF THE CHRISTIAN SCHOOLS, and SANDRA BETH GEISEL, Defendants. ---------------------------------------------------------------------X SARAH R. CANTOS, an attorney duly admitted to practice in the Courts of New York State, and an associate of the firm MERSON LAW, PLLC., attorneys for the plaintiffs in the within action, hereby affirms under penalty of perjury: That she has read the within AMENDED VERIFIED BILL OF PARTICULARS and knows the contents thereof, and that the same is true to her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes it to be true. That the sources of her information and knowledge are investigations and records in the file. That the reason this verification is made by affirmant and not by the plaintiffs is that the plaintiffs are not within the County where the attorney has her office. Dated: New York, New York April 24, 2023 __________________________ SARAH R. CANTOS