Preview
FILED: BROOME COUNTY CLERK 04/12/2024 03:07 PM INDEX NO. EFCA2021002072
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 04/12/2024
EXHIBIT
D
FILED: BROOME
FILED: BROOME COUNTY
COUNTY CLERK
CLERK 04/12/2024
10/29/2021 03:07
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PM INDEX NO.
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EFCA2021002072
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 43
7 RECEIVED NYSCEF:
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10/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
BROOME COUNTY
DAVID DYMOCK, Index No. EFCA2021002072
Plaintiff,
- against -
BROOME COUNTY, BROOM E COUNTY
DEPARTM ENT OF SOCIAL SERVICES,
CHILDREN’S HO
M E OF WYO M ING
CONFERENCE, WYOMING CONFERENCE OF
THE UNITED METHODIST CHURCH, and THE
UPPER NEW YORK CONFERENCE OF THE
UNITED METHODIST CHURCH,
Defendants.
Defendants, The Upper New York Conference of the United M ethodist Church and
Wyoming Conference of the U nited Methodist Church (collectively, “the Conference”), by and
through its attorneys, Eckert Seamans Cherin & M ellott, LLC, as and for an answerthe
to
complaint filed by the plaintiff, David Dymock, (“plaintiff”), hereby respond as follows:
1. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “1.”
2. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “2.”
3. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “3.”
4. The Conference lacks knowledge or information sufficient to form a beliefas to the
truth of the allegations contained in paragraph “4.”
5. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “5.”
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6. The Conference admits that it is a non-profit organization incorporated within the
State of New York. The remaining allegations of this paragraph are legal conclusions to which no
response is required.
7. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “7.”
8. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “8.”
AS TO THE PARTIES
9. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “9.”
10. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “10.”
11. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “11.”
12. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in paragraph “12.”
13. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “13.”
14. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “14.”
15. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in paragraph “15.”
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16. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “16.”
17. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in paragraph “17.”
18. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “18” as the allegations of this paragraph relate to
another defendant.
19. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “19” as the allegations of this para
graph relate to
another defendant.
20. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “20” as the allegations of this para
graph relate to
another defendant.
21. The Conference lacks knowledge or in formation sufficient to form a belief as to the
truth of the allegations contained in paragraph “21” as the allegations of this para
graph relate to
another defendant.
22. The Conference denies the allegations contained in paragraph “22” of the
Complaint.
23. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “23.”
24. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations in paragraph “24” as these allegations are vague.
25. The Conference denies the allegations contained in paragraph “25.”
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26. The Conference admits that it was formed in 2010. The remaining allegations of
paragraph “26” are denied as legal conclusions.
27. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allega tions contained in paragraph “27
” as these allegations are directed towards
another defendant.
28. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph 8”
“2 as these allegations are directed towards
another defendant.
29. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph “29” as these allegations are directed towards other
defendants.
30. The Conference denies the allegations contained in paragraph “30.”
31. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “31.”
32. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “32.”
AS TO BACKGROUND AND SEXUAL ASSAULT OF PLAINTIFF
33. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “33.”
34. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “34.”
35. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “35.”
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36. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph “36.”
37. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “37.”
38. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “38.”
39. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “39.”
40. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “40.”
41. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “41.”
42. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “42.”
43. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “43.”
44. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “44.”
45. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph “45.”
46. The Conference lacks knowledge or informatio n sufficient to form a belief as to the
truth of the allegations contained in paragraph “46.”
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47. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “47.”
48. The Conference lacks kno wledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “48.”
49. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “49.”
50. The Conference lacks information or knowledge sufficient to form a belief as t o the
truth of the allegations contained in paragraph “50.”
51. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “51.”
52. The Conference denies the allegations contained in paragraph “52.”
53. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph “53.”
54. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph “54.”
55. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “55.”
AS TO NOTICE-FORESEEABILITY
56. The Conference denies the allegations contained in paragraph “56.”
57. The Conference denies the allegations contained in paragraph “57.”
58. The Conference denies the allegations contained in paragraph “58.”
59. The Conference denies the allegations contained in paragraph “59.”
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AS TO DUTY
60. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “60.”
61. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “61.”
62. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “62.”
63. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “63.”
64. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “64.”
65. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “65.”
66. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “66.”
67. The Conference lacks information or knowledge sufficient to form a belief as to the
truth of the allegations contained in paragraph “67.”
68. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “68.”
69. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “69.”
70. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “70.”
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71. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “71.”
72. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “72.”
73. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “73.”
74. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “74.”
75. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “75.”
76. The Conference denies the allegations contained in paragraph “76.”
77. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “77.”
78. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “78.”
79. The Conference denies the allegations contained in paragraph “79.”
80. The Conference denies the allegations contained in paragraph “80.”
81. (a) – (l) The Conference denies the allegations contained in paragraph “81.”
82. The Conference denies the allegations contained in paragraph “82.”
AS TO BREACH
83. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “83.”
84. The Conference denies the allegations contained in paragraph “84.”
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85. The Conference denies the allegations contained in paragraph “85.”
AS AND FOR COUNT I
Negligence
86. The Conference repeats all of its responsive allegations above as if set forth here.
87. The Conference denies the allegations contained in paragraph “87.”
88. The Conference denies the allegations contained in paragraph “88.”
89. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “89.”
90. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “90.”
91. The Conference denies the allegations contained in paragraph “91.”
92. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “92.”
93. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “93.”
94. The Conference denies the allegations contained in paragraph “94.”
95. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “95.”
96. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “96.”
97. The Conference denies the allegations contained in paragraph “97.”
98. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “98.”
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99. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “99.”
100. The Conference denies the allegations contained in paragraph “100.”
101. The Conference denies the allegations contained in paragraph “101.”
102. The Conference denies the allegations contained in paragraph “102.”
103. The Conference denies the allegations contained in paragraph “103.”
104. The Conference denies the allegations contained in paragraph “100.”
AS AND FOR COUNT II
Negligent Hiring, Retention, Supervision, or Direction
105. The Conference repeats all of its responsive allegations above as if set forth here.
106. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “106.”
107. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “107.”
108. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “108.”
109. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “109.”
110. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “110.”
111. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “111.”
112. The Conference denies the allegations contained in paragraph “112.”
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113. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “113.”
114. The Conference denies the allegations contained in paragraph “114.”
115. The Conference denies the allegations contained in paragraph “115.”
116. The Conference denies the allegations contained in paragraph “116.”
117. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “117.”
118. The Conference denies the allegations contained in paragraph “118.”
119. The Conference denies the allegations contained in paragraph “119.”
120. The Conference denies the allegations contained in paragraph “120.”
121. The Conference denies the allegations contained in paragraph “121.”
122. The Conference denies the allegations contained in paragraph “122.”
123. The Conference denies the allegations contained in paragraph “123.”
124. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “124.”
125. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “125.”
126. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “126.”
127. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “127.”
128. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “128.”
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129. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “129.”
130. The Conference lacks kno wledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “130.”
131. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “131.”
132. The Conference lacks knowledge or information sufficient to form a belief as t o the
truth of the allegations contained in paragraph “132” as the allegations of this
paragraph are
directed towards another defendant.
133. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “133” as the allegations of this
paragraph are
directed towards another defendant.
134. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “134.”
135. The Conference denies the allegations contained in paragraph “135.”
136. The Conference denies the allegations contained in paragraph “136.”
137. The Conference denies the allegations contained in paragraph “137.”
AS AND FOR COUNT III
Breach of Statutory Duty to Report Abuse under Soc. Serv. Law §§ 413 and 420
138. The Conference repeats all of its responsive allegations above as if set forth here.
139. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “139.”
140. The Conference denies the allegations contained in paragraph “140.”
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141. The Conference denies the allegations contained in paragraph “141.”
142. The Conference denies the allegations contained in paragraph “142.”
AS AND FOR COUNT IV
Premises Liability (against Children’s Home)
143. The Conference repeats all of its responsive allegations above as if set forth here.
144. The Conference lacks knowledge or in formation sufficient to form a belief as to the
truth of the allegations contained in paragraph “144.”
145. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “145.”
146. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “146.”
147. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “147.”
148. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “148.”
149. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “149.”
150. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “150.”
151. The Conference lacks knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph “151.”
WHEREFORE, Defendants, The Upper New York Conference of the UnitedMethodist
Church and Wyoming Conference of the U nited Methodist Church hereby request the entry of a
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judgment dismissing the complaint in its entirety, with
prejudice, together with the costs and
disbursements of this action and for any expenses incurred in the defense eof,
ther including
defense attorneys’ fees and costs.
FIRST AFFIRMATIVE DEFENSE
The complaint and each cause of action thereof, fails to set forth facts sufficiently detailed
so as to give the court and the parties notice of the transactions, occurrences,ies
or of
ser
transactions or occurrences, intended to be proved and the material elements each
of cause of
action or defense.
SECOND AFFIRMATIVE DEFENSE
The complaint, and each cause of action thereof, fails to set forth facts sufficient to state a
claim upon which relief may be granted against the Conference and fails to state facts sufficient to
entitle plaintiff to the relief requested, or any relief whatsoever against the Conference.
THIRD AFFIRMATIVE DEFENSE
Any purported damages allegedly suffered by plaintiff were the result the
of acts or
omissions of third parties over whom the Conference does not have control.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff’s complaint is barred by the doctrine of laches and the statute of limitations.
FIFTH AFFIRMATIVE DEFENSE
Any alleged damages sustained by plaintiff were, at least in part, caused by ht e actions of
other persons and result ed from thei
r negligence, which equaled or exceeded any alleged
negligence or wrongdoing by the Conference.
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SIXTH AFFIRMATIVE DEFENSE
Plaintiff’s causes of action, and more specifically, the Child Victims Act violate
s the
Conference’s right to the due process of l aw under the United States Constitution and
het New
York State Constitution.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred, in whole or in part, by documentary evidence.
EIGTHTH AFFIRMATIVE DEFENSE
The Conference reserves their right to claim the limitations of liability pursuant to Article
16 of the CPLR, for any recovery by the plaintiff for any non-economic losses.
NINTH AFFIRMATIVE DEFENSE
Some or all of plaintiff’s claimed damages are barred and/or reduced by NY CLS CPLR §
4545.
TENTH AFFIRMATIVE DEFENSE
The Conference had no notice, either actual or constructive,theof alleged abuser’s
dangerous propensities.
ELEVENTH AFFIRMATIVE DEFENSE
At the time of the alleged abuse, the Conference did not have care, custody, or control ove r
the plaintiff.
TWELFTH AFFIRMATIVE DEFENSE
The Conference reserves their rights under General Obligations Law § 15- 108 and CPLR
Article 14 against all parties.
THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff has failed to mitigate damages.
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FOURTEENTH AFFIRMATIVE DEFENSE
Plaintiff’s damages, if any, were the result of superseding or intervening causes committed
by third parties.
FIFTEENTH AFFIRMATIVE DEFENSE
The Conference took reasonable actions to protect the plaintiff as a minor.
SIXTEENTH AFFIRMATIVE DEFENSE
Even if the alleged abuser were considered an agent of the Conference, his actions were
outside the scope of employment.
SEVENTEENTH AFFIRMATIVE DEFENSE
Punitive damages are not recoverable under the due process clause of the United Stat
es
Constitution and the New York State Constitution.
EIGHTEENTH AFFIRMATIVE DEFENSE
The Conference has not engaged in an elevated level of misconduct that would warrant an
award of punitive damages.
NINETEENTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred by the doctrine of accord and satisfaction.
TWENTIETH AFFIRMATIVE DEFENSE
The Conference did not owe the plaintiff a legal duty of care at the time plaintiff suffered
the alleged abuse.
TWENTY-FIRST AFFIRMATIVE DEFENSE
The Conference did not have notice of any alleged dangers presented by the alleged abuser.
TWENTY-SECOND AFFIRMATIVE DEFENSE
The Conference cannot be held vicariously liable for an alleged act of sexual abuse.
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FILED: BROOME COUNTY CLERK 04/12/2024 03:07 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 04/12/2024 EXHIBIT D FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 SUPREME COURT OF THE STATE OF NEW YORK BROOME COUNTY DAVID DYMOCK, Index No. EFCA2021002072 Plaintiff, - against - BROOME COUNTY, BROOM E COUNTY DEPARTM ENT OF SOCIAL SERVICES, CHILDREN’S HO M E OF WYO M ING CONFERENCE, WYOMING CONFERENCE OF THE UNITED METHODIST CHURCH, and THE UPPER NEW YORK CONFERENCE OF THE UNITED METHODIST CHURCH, Defendants. Defendants, The Upper New York Conference of the United M ethodist Church and Wyoming Conference of the U nited Methodist Church (collectively, “the Conference”), by and through its attorneys, Eckert Seamans Cherin & M ellott, LLC, as and for an answerthe to complaint filed by the plaintiff, David Dymock, (“plaintiff”), hereby respond as follows: 1. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “1.” 2. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “2.” 3. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “3.” 4. The Conference lacks knowledge or information sufficient to form a beliefas to the truth of the allegations contained in paragraph “4.” 5. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “5.” -1- 1 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 6. The Conference admits that it is a non-profit organization incorporated within the State of New York. The remaining allegations of this paragraph are legal conclusions to which no response is required. 7. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “7.” 8. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “8.” AS TO THE PARTIES 9. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “9.” 10. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “10.” 11. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “11.” 12. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph “12.” 13. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “13.” 14. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “14.” 15. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph “15.” -2- 2 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 16. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “16.” 17. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph “17.” 18. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “18” as the allegations of this paragraph relate to another defendant. 19. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “19” as the allegations of this para graph relate to another defendant. 20. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “20” as the allegations of this para graph relate to another defendant. 21. The Conference lacks knowledge or in formation sufficient to form a belief as to the truth of the allegations contained in paragraph “21” as the allegations of this para graph relate to another defendant. 22. The Conference denies the allegations contained in paragraph “22” of the Complaint. 23. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “23.” 24. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations in paragraph “24” as these allegations are vague. 25. The Conference denies the allegations contained in paragraph “25.” -3- 3 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 26. The Conference admits that it was formed in 2010. The remaining allegations of paragraph “26” are denied as legal conclusions. 27. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allega tions contained in paragraph “27 ” as these allegations are directed towards another defendant. 28. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 8” “2 as these allegations are directed towards another defendant. 29. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “29” as these allegations are directed towards other defendants. 30. The Conference denies the allegations contained in paragraph “30.” 31. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “31.” 32. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “32.” AS TO BACKGROUND AND SEXUAL ASSAULT OF PLAINTIFF 33. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “33.” 34. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “34.” 35. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “35.” -4- 4 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 36. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “36.” 37. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “37.” 38. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “38.” 39. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “39.” 40. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “40.” 41. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “41.” 42. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “42.” 43. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “43.” 44. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “44.” 45. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “45.” 46. The Conference lacks knowledge or informatio n sufficient to form a belief as to the truth of the allegations contained in paragraph “46.” -5- 5 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 47. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “47.” 48. The Conference lacks kno wledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “48.” 49. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “49.” 50. The Conference lacks information or knowledge sufficient to form a belief as t o the truth of the allegations contained in paragraph “50.” 51. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “51.” 52. The Conference denies the allegations contained in paragraph “52.” 53. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “53.” 54. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “54.” 55. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “55.” AS TO NOTICE-FORESEEABILITY 56. The Conference denies the allegations contained in paragraph “56.” 57. The Conference denies the allegations contained in paragraph “57.” 58. The Conference denies the allegations contained in paragraph “58.” 59. The Conference denies the allegations contained in paragraph “59.” -6- 6 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 AS TO DUTY 60. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “60.” 61. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “61.” 62. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “62.” 63. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “63.” 64. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “64.” 65. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “65.” 66. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “66.” 67. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “67.” 68. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “68.” 69. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “69.” 70. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “70.” -7- 7 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 71. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “71.” 72. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “72.” 73. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “73.” 74. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “74.” 75. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “75.” 76. The Conference denies the allegations contained in paragraph “76.” 77. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “77.” 78. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “78.” 79. The Conference denies the allegations contained in paragraph “79.” 80. The Conference denies the allegations contained in paragraph “80.” 81. (a) – (l) The Conference denies the allegations contained in paragraph “81.” 82. The Conference denies the allegations contained in paragraph “82.” AS TO BREACH 83. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “83.” 84. The Conference denies the allegations contained in paragraph “84.” -8- 8 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 85. The Conference denies the allegations contained in paragraph “85.” AS AND FOR COUNT I Negligence 86. The Conference repeats all of its responsive allegations above as if set forth here. 87. The Conference denies the allegations contained in paragraph “87.” 88. The Conference denies the allegations contained in paragraph “88.” 89. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “89.” 90. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “90.” 91. The Conference denies the allegations contained in paragraph “91.” 92. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “92.” 93. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “93.” 94. The Conference denies the allegations contained in paragraph “94.” 95. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “95.” 96. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “96.” 97. The Conference denies the allegations contained in paragraph “97.” 98. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “98.” -9- 9 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 99. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “99.” 100. The Conference denies the allegations contained in paragraph “100.” 101. The Conference denies the allegations contained in paragraph “101.” 102. The Conference denies the allegations contained in paragraph “102.” 103. The Conference denies the allegations contained in paragraph “103.” 104. The Conference denies the allegations contained in paragraph “100.” AS AND FOR COUNT II Negligent Hiring, Retention, Supervision, or Direction 105. The Conference repeats all of its responsive allegations above as if set forth here. 106. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “106.” 107. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “107.” 108. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “108.” 109. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “109.” 110. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “110.” 111. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “111.” 112. The Conference denies the allegations contained in paragraph “112.” - 10 - 10 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 113. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “113.” 114. The Conference denies the allegations contained in paragraph “114.” 115. The Conference denies the allegations contained in paragraph “115.” 116. The Conference denies the allegations contained in paragraph “116.” 117. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “117.” 118. The Conference denies the allegations contained in paragraph “118.” 119. The Conference denies the allegations contained in paragraph “119.” 120. The Conference denies the allegations contained in paragraph “120.” 121. The Conference denies the allegations contained in paragraph “121.” 122. The Conference denies the allegations contained in paragraph “122.” 123. The Conference denies the allegations contained in paragraph “123.” 124. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “124.” 125. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “125.” 126. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “126.” 127. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “127.” 128. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “128.” - 11 - 11 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 129. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “129.” 130. The Conference lacks kno wledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “130.” 131. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “131.” 132. The Conference lacks knowledge or information sufficient to form a belief as t o the truth of the allegations contained in paragraph “132” as the allegations of this paragraph are directed towards another defendant. 133. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “133” as the allegations of this paragraph are directed towards another defendant. 134. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “134.” 135. The Conference denies the allegations contained in paragraph “135.” 136. The Conference denies the allegations contained in paragraph “136.” 137. The Conference denies the allegations contained in paragraph “137.” AS AND FOR COUNT III Breach of Statutory Duty to Report Abuse under Soc. Serv. Law §§ 413 and 420 138. The Conference repeats all of its responsive allegations above as if set forth here. 139. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “139.” 140. The Conference denies the allegations contained in paragraph “140.” - 12 - 12 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 141. The Conference denies the allegations contained in paragraph “141.” 142. The Conference denies the allegations contained in paragraph “142.” AS AND FOR COUNT IV Premises Liability (against Children’s Home) 143. The Conference repeats all of its responsive allegations above as if set forth here. 144. The Conference lacks knowledge or in formation sufficient to form a belief as to the truth of the allegations contained in paragraph “144.” 145. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “145.” 146. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “146.” 147. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “147.” 148. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “148.” 149. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “149.” 150. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “150.” 151. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “151.” WHEREFORE, Defendants, The Upper New York Conference of the UnitedMethodist Church and Wyoming Conference of the U nited Methodist Church hereby request the entry of a - 13 - 13 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 judgment dismissing the complaint in its entirety, with prejudice, together with the costs and disbursements of this action and for any expenses incurred in the defense eof, ther including defense attorneys’ fees and costs. FIRST AFFIRMATIVE DEFENSE The complaint and each cause of action thereof, fails to set forth facts sufficiently detailed so as to give the court and the parties notice of the transactions, occurrences,ies or of ser transactions or occurrences, intended to be proved and the material elements each of cause of action or defense. SECOND AFFIRMATIVE DEFENSE The complaint, and each cause of action thereof, fails to set forth facts sufficient to state a claim upon which relief may be granted against the Conference and fails to state facts sufficient to entitle plaintiff to the relief requested, or any relief whatsoever against the Conference. THIRD AFFIRMATIVE DEFENSE Any purported damages allegedly suffered by plaintiff were the result the of acts or omissions of third parties over whom the Conference does not have control. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s complaint is barred by the doctrine of laches and the statute of limitations. FIFTH AFFIRMATIVE DEFENSE Any alleged damages sustained by plaintiff were, at least in part, caused by ht e actions of other persons and result ed from thei r negligence, which equaled or exceeded any alleged negligence or wrongdoing by the Conference. - 14 - 14 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 SIXTH AFFIRMATIVE DEFENSE Plaintiff’s causes of action, and more specifically, the Child Victims Act violate s the Conference’s right to the due process of l aw under the United States Constitution and het New York State Constitution. SEVENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred, in whole or in part, by documentary evidence. EIGTHTH AFFIRMATIVE DEFENSE The Conference reserves their right to claim the limitations of liability pursuant to Article 16 of the CPLR, for any recovery by the plaintiff for any non-economic losses. NINTH AFFIRMATIVE DEFENSE Some or all of plaintiff’s claimed damages are barred and/or reduced by NY CLS CPLR § 4545. TENTH AFFIRMATIVE DEFENSE The Conference had no notice, either actual or constructive,theof alleged abuser’s dangerous propensities. ELEVENTH AFFIRMATIVE DEFENSE At the time of the alleged abuse, the Conference did not have care, custody, or control ove r the plaintiff. TWELFTH AFFIRMATIVE DEFENSE The Conference reserves their rights under General Obligations Law § 15- 108 and CPLR Article 14 against all parties. THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate damages. - 15 - 15 of 20 FILED: BROOME FILED: BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:24 PM PM INDEX NO. INDEX NO. EFCA2021002072 EFCA2021002072 NYSCEF DOC. NYSCEF DOC. NO. NO. 43 7 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/12/2024 10/29/2021 FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff’s damages, if any, were the result of superseding or intervening causes committed by third parties. FIFTEENTH AFFIRMATIVE DEFENSE The Conference took reasonable actions to protect the plaintiff as a minor. SIXTEENTH AFFIRMATIVE DEFENSE Even if the alleged abuser were considered an agent of the Conference, his actions were outside the scope of employment. SEVENTEENTH AFFIRMATIVE DEFENSE Punitive damages are not recoverable under the due process clause of the United Stat es Constitution and the New York State Constitution. EIGHTEENTH AFFIRMATIVE DEFENSE The Conference has not engaged in an elevated level of misconduct that would warrant an award of punitive damages. NINETEENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred by the doctrine of accord and satisfaction. TWENTIETH AFFIRMATIVE DEFENSE The Conference did not owe the plaintiff a legal duty of care at the time plaintiff suffered the alleged abuse. TWENTY-FIRST AFFIRMATIVE DEFENSE The Conference did not have notice of any alleged dangers presented by the alleged abuser. TWENTY-SECOND AFFIRMATIVE DEFENSE The Conference cannot be held vicariously liable for an alleged act of sexual abuse. - 16 - 16 of 20 FILED: FILED : BROOME BROOME COUNTY COUNTY CLERK CLERK 04/12/2024 10/29/2021 03:07 03:2 4 PM INDEX INDEX NO.