Preview
FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOHN DOE, Index No.:
Plaintiff, Plaintiff designates NEW YORK
County as the place of trial
-against-
PLAINTIFF DEMANDS
TRIAL BY JURY
SUMMONS
DARIUS A. PADUCH, M.D., THE NEW YORK
AND PRESBYTERIAN HOSPITAL and WEILL Venue is based on the location in
CORNELL MEDICINE, which a substantial part of the events
or omissions giving rise to Plaintiff’s
Defendants. claims occurred.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff’s Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
Complaint.
Dated: New York, New York
April 12, 2024
RHEINGOLD GIUFFRA RUFFO
PLOTKIN & HELLMAN LLP
Attorneys for Plaintiff
_____________________
By: Thomas P. Giuffra, Esq.
551 Fifth Avenue, 29th Fl.
New York, NY 10176
Tel: (212) 684-1880
tgiuffra@rheingoldlaw.com
SEE DEFENDANTS’ ADDRESSES ON THE NEXT PAGE
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Defendants’ Addresses
DARIUS A. PADUCH, M.D.
MDC Brooklyn
Metropolitan Detention Center
P.O. Box 329002
Brooklyn, NY 11232
THE NEW YORK AND PRESBYTERIAN HOSPITAL
427 E 68th Street
New York, NY
WEILL CORNELL MEDICINE
1300 York Avenue
New York, NY 10065
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOHN DOE, Index No.:
Plaintiff,
COMPLAINT
-against-
DARIUS A. PADUCH, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL and WEILL CORNELL
MEDICINE,
Defendants.
Plaintiff JOHN DOE complaining of the Defendants by his attorneys RHEINGOLD
GIUFFRA RUFFO PLOTKIN & HELLMAN, LLP respectfully alleges, upon information and
belief, the following:
NATURE OF THE ACTION
1. This complaint is based on the negligent, willful, or intentional failure of the
Defendants to protect Plaintiff JOHN DOE from being sexually abused and exploited by one of
their employees, agents, and/or servants, Defendant DARIUS A. PADUCH, M.D., when JOHN
DOE was a patient of DARIUS A. PADUCH, M.D at Defendants THE NEW YORK AND
PRESBYTERIAN HOSPITAL’s and WEILL CORNELL MEDICINE’s medical facilities.
PROCEEDING IN ACCORDANCE WITH NEW YORK CITY
ADMINISTRATIVE CODE, §§ 10-1101 – 10-1107
2. This complaint is filed pursuant to the Victims of Gender-Motivated Violence
Protection Law (VGM), New York City Administrative Code §§ 10-1101 – 10-1107. The
enactment of the VGM creates a civil cause of action available to “any person claiming to be
injured by an individual who commits a crime of violence motivated by gender” within a seven-
year statute of limitations period. Further, the City Council approved a separate measure in 2021
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that does something similar, creating a two-year window for alleged victims of gender-based
violence to sue, even if the filing deadline, or statute of limitations, has passed; that deadline is not
until March 2025. As such, the VGM allows Plaintiff to pursue restorative justice in New York
State for the sexual abuse he suffered at the hands of DARIUS A. PADUCH, M.D., while Plaintiff
was a patient of his.
PARTIES
3. Plaintiff JOHN DOE is an adult male who currently resides in New York, NY.
4. That at all times herein mentioned, Defendant DARIUS A. PADUCH, M.D.
(hereinafter “DR. PADUCH”) was a physician duly licensed to practice medicine in the State of
New York and represented himself to be a skilled and trained physician duly qualified to render
medical care and treatment to patients.
5. That at all times hereinafter mentioned, Defendant DR. PADUCH held himself out
to the public, and more particularly to Plaintiff herein, as possessing the proper degree of learning
and skill and that he undertook to use reasonable care and diligence in the treatment of the Plaintiff
JOHN DOE.
6. That at all times hereinafter mentioned, Defendant DR. PADUCH represented
himself to be a physician specializing in the field of urology.
7. That at all times hereinafter mentioned, Defendant DR. PADUCH was employed
as a physician at Defendant WEILL CORNELL MEDICINE (hereinafter “WEILL”).
8. That at all times hereinafter mentioned, Defendant DR. PADUCH was employed
as a physician at Defendant THE NEW YORK AND PRESBYTERIAN HOSPITAL (hereinafter
“NYPH”).
9. That at all times hereinafter mentioned, Defendant DR. PADUCH maintained an
office for the practice of his profession at New York-Presbyterian Weill Cornell Medical Center
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located at 525 East 68th Street, New York, NY 10065.
10. That at all times hereinafter mentioned, Defendant NYPH was and still is a New
York domestic not-for-profit corporation duly organized and existing under New York law with
its principal place of business in New York, New York.
11. That at all times herein mentioned, Defendant NYPH conducted business as “New
York-Presbyterian”, “New York-Presbyterian Hospital”, New York-Presbyterian/Weill Cornell
Medical Center”, “New York-Presbyterian/Weill Cornell,” “Weill Cornell Medicine”, and “Weill
Cornell Medical Center.” All such entities are collectively referred to herein as Defendant NYPH.
12. That at all times herein mentioned, Defendant NYPH utilized Defendant DR.
PADUCH as one of its employees, agents, or servants, including as a physician at its medical
facilities and locations where DR. PADUCH provided services to adults and minors on behalf of
Defendant NYPH for its material benefit.
13. That at all times hereinafter mentioned, Defendant WEILL was and still is a New
York domestic not-for-profit corporation duly organized and existing under New York law with
its principal place of business in New York, New York.
14. That at all times herein mentioned, Defendant WEILL utilized Defendant DR.
PADUCH as one of its employees, agents, or servants, including as a physician at its medical
facilities and locations where DR. PADUCH provided services to adults and minors on behalf of
Defendant WEILL for its material benefit.
15. That at all times hereinafter mentioned, DR. PADUCH served as an Associate
Professor of Reproductive Medicine and Urology at Weill-Cornell Medical Center and was the
Director of Sexual Health and Medicine in the Department of Urology.
16. That at the time of the events complained of herein, Defendant DR. PADUCH was
employed by Defendant NYPH.
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17. That at the time of the events complained of herein, Defendant DR. PADUCH was
employed by Defendant WEILL.
18. At all times relevant, Defendant DR. PADUCH was acting within the course and
scope of his employment with Defendant NYPH.
19. At all times relevant, Defendant DR. PADUCH was acting within the course and
scope of his employment with Defendant WEILL.
20. Plaintiff JOHN DOE seeks damages from Defendants for their actions and more
specifically seeks damages from Defendants NYPH and WEILL, who were and are legally
responsible for the acts complained of herein that were committed by Defendant DR. PADUCH
and failed to properly supervise and/or monitor the activities of Defendant DR. PADUCH.
JURISDICTION AND VENUE
21. Venue is proper because Defendants NYPH is a domestic corporation authorized
to transact business in New York with its principal office located in the County of New York, City
and State of New York.
22. Venue is proper because Defendants WEILL is a domestic corporation authorized
to transact business in New York with its principal office located in the County of New York, City
and State of New York.
23. Venue is proper pursuant to CPLR §503, in that a substantial part of the events or
omissions giving rise to the claims occurred within New York County.
24. The amount of damages sought herein exceeds the jurisdictional limit of all lower
courts which would otherwise have jurisdiction.
FACTS COMMON TO ALL CAUSES OF ACTION
25. Plaintiff JOHN DOE repeats and re-alleges the above allegations.
26. That the occurrences complained of herein took place within DR. PADUCH’s
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office located within Weill Cornell Medical Center at 525 E 68th Street, New York, NY. At all
relevant times, Plaintiff JOHN DOE was a patient of DR. PADUCH’s.
27. That on or about November 8, 2012, Plaintiff was the victim of one or more
criminal sex acts at the hands of Defendant DR. PADUCH.
28. That on or about November 8, 2012, Plaintiff JOHN DOE first saw Defendant. DR.
PADUCH at his office located at 525 East 68th Street, New York, NY 10065.
29. Plaintiff made an appointment with DR. PADUCH because Plaintiff had an
abnormal discharge coming from his penis which he thought signaled that he had an STD.
30. Plaintiff was in a very vulnerable situation when he first met Defendant DR.
PADUCH, of which DR. PADUCH was quite aware. Plaintiff was depressed and was desperate
to try anything that would cure his impotence.
31. During this visit with DR. PADUCH, he stuck a swab into Plaintiff’s urethra
causing Plaintiff great pain and discomfort.
32. DR. PADUCH then fondled Plaintiff’s penis and testicles which confused Plaintiff
and made him even more uncomfortable.
33. DR. PADUCH then brought Plaintiff to a different room where DR. PADUCH
requested that Plaintiff masturbate under his observation so that DR. PADUCH may obtain a
semen sample. During this time, DR. PADUCH also turned on a pornographic film as to arouse
Plaintiff and aid his masturbation. DR. PADUCH then watched Plaintiff masturbate until Plaintiff
ejaculated.
34. In this visit with DR. PADUCH, he was highly inappropriate, unprofessional and
illicit, especially in that DR. PADUCH knew Plaintiff was in a vulnerable state and he was taking
advantage of Plaintiff’s vulnerability for his own sexual gains.
35. Upon information and belief, at all relevant times, Defendant NYPH managed,
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maintained, supervised, operated, and controlled the medical facilities, locations, and equipment
that Defendant DR. PADUCH used to sexually abuse Plaintiff.
36. At all relevant times, Defendant NYPH hired, managed, supervised, and controlled
the doctors, nurses, medical personnel, administrators, and staff that worked and/or volunteered at
its medical facilities and locations, including Defendant DR. PADUCH, and all other persons who
worked and/or volunteered at NYPH and the medical facility and location where Plaintiff was
sexually abused by Defendant DR. PADUCH.
37. At all relevant times Defendant NYPH held itself out to the public as the owner of
its medical facilities and locations, including the medical facility and location where Plaintiff was
sexually abused by DR. PADUCH.
38. At all relevant times, Defendant NYPH held out its agents, servants, and employees
to the public as those who managed, maintained, supervised, operated, and controlled its medical
facilities and locations, including the medical facility where Plaintiff was sexually abused by DR.
PADUCH.
39. At all relevant times, Defendant DR. PADUCH was a doctor employed by
Defendant NYPH who worked and/or volunteered at its medical facilities and locations, including
the medical facility and office location where Plaintiff was sexually abused.
40. At all relevant times, Defendant DR. PADUCH was an agent and employee of
Defendant NYPH.
41. At all relevant times, Defendant NYPH held Defendant DR. PADUCH out to the
public and to Plaintiff as its agent and employee on its behalf and for its material benefit.
42. At all relevant times, Defendant NYPH held Defendant DR. PADUCH out to the
public, and to Plaintiff as having been vetted, screened, and approved to serve as one of its agents
and employees, and as a preeminent expert in his field.
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43. At all relevant times, Defendant DR. PADUCH was acting within the scope of his
employment with Defendant NYPH.
44. At all relevant times, Defendant DR. PADUCH had or used offices and
examination rooms on the premises of Defendant NYPH’s medical facilities.
45. At all relevant times, Defendant DR. PADUCH used his position as an agent and
employee of Defendant NYPH to sexually abuse Plaintiff while using its medical facilities,
locations, and equipment.
46. At all relevant times, Defendant NYPH utilized Defendant DR. PADUCH to
provide services to Plaintiff and others for its material benefit.
47. At all relevant times, Defendant NYPH had the right to supervise, manage, and
control DR. PADUCH when he provided services to Plaintiff and others on its behalf and for its
material benefit.
48. Before Defendant NYPH allowed Defendant DR. PADUCH to use his position as
its agent and employee to sexually abuse Plaintiff, Defendant NYPH knew or should have known
that its employees or agents, including Defendant DR. PADUCH, would use his position of
authority to sexually abuse his patients.
49. Before Defendant NYPH allowed Defendant DR. PADUCH to use his position as
its agent and employee to sexually abuse Plaintiff, Defendant NYPH knew or should have known
that Defendant DR. PADUCH was using his position as its agent to sexually abuse his patients.
50. Before Defendant NYPH allowed Defendant DR. PADUCH to use his position as
its agent and employee to sexually abuse Plaintiff, Defendant NYPH knew or should have known
that defendant DR. PADUCH would use his position as its agent to sexually abuse Plaintiff.
51. At all relevant times, Defendant NYPH took no steps to prevent Defendant DR.
PADUCH from using his position as its agent and employee to sexually abuse Plaintiff.
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52. At all relevant times, Defendant NYPH took no steps to prevent Defendant DR.
PADUCH from using the tasks, premises, and instrumentalities of his position as its agent and
employee to sexually abuse Plaintiff, including its medical facilities, locations, and equipment.
53. In 2012, while Plaintiff was a patient of Defendant DR. PADUCH, DR. PADUCH
used his position as an agent and employee of Defendant NYPH to sexually abuse Plaintiff.
54. At all relevant times, Plaintiff was in the care, custody, and control of Defendant
NYPH when he was sexually abused by Defendant DR. PADUCH, while Plaintiff was being
“treated” using its medical facilities, locations, and equipment.
55. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff
occurred in the examination rooms at Defendant NYPH’s medical facility where Defendant DR.
PADUCH worked as a physician.
56. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff
occurred under the guise and pretext of Defendant DR. PADUCH providing “medical treatment”
to Plaintiff, who was his patient.
57. At all relevant times, Defendant NYPH allowed Defendant DR. PADUCH to use
his position as its agent and employee to sexually abuse Plaintiff.
58. At all relevant times, Defendant NYPH allowed Defendant DR. PADUCH to
sexually abuse Plaintiff using property that was owned, operated, and/or controlled by Defendant
NYPH including its medical facilities, locations, and equipment.
59. At all relevant times, Defendant NYPH knew or should have known that its
negligent conduct would inflict severe emotional and psychological distress, as well as personal
physical injury, on others, including Plaintiff, and he did in fact suffer severe emotional and
psychological distress and personal physical injury because of its wrongful conduct.
60. Upon information and belief, at all relevant times, Defendant WEILL managed,
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maintained, supervised, operated, and controlled the medical facilities, locations, and equipment
that Defendant DR. PADUCH used to sexually abuse Plaintiff.
61. At all relevant times, Defendant WEILL hired, managed, supervised, and controlled
the doctors, nurses, medical personnel, administrators, and staff that worked and/or volunteered at
its medical facilities and locations, including Defendant DR. PADUCH, and all other persons who
worked and/or volunteered at WEILL and the medical facility and location where Plaintiff was
sexually abused by Defendant DR. PADUCH.
62. At all relevant times Defendant WEILL held itself out to the public as the owner of
its medical facilities and locations, including the medical facility and location where Plaintiff was
sexually abused by DR. PADUCH.
63. At all relevant times, Defendant WEILL held out its agents, servants, and
employees to the public as those who managed, maintained, supervised, operated, and controlled
its medical facilities and locations, including the medical facility where Plaintiff was sexually
abused by DR. PADUCH.
64. At all relevant times, Defendant DR. PADUCH was a doctor employed by
Defendant WEILL who worked and/or volunteered at its medical facilities and locations, including
the medical facility and office location where Plaintiff was sexually abused.
65. At all relevant times, Defendant DR. PADUCH was an agent and employee of
Defendant WEILL.
66. At all relevant times, Defendant WEILL held Defendant DR. PADUCH out to the
public and to Plaintiff as its agent and employee on its behalf and for its material benefit.
67. At all relevant times, Defendant WEILL held Defendant DR. PADUCH out to the
public, and to Plaintiff as having been vetted, screened, and approved to serve as one of its agents
and employees, and as a preeminent expert in his field.
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68. At all relevant times, Defendant DR. PADUCH was acting within the scope of his
employment with Defendant WEILL.
69. At all relevant times, Defendant DR. PADUCH had or used offices and
examination rooms on the premises of Defendant WEILL’s medical facilities.
70. At all relevant times, Defendant DR. PADUCH used his position as an agent and
employee of Defendant WEILL to sexually abuse Plaintiff while using its medical facilities,
locations, and equipment.
71. At all relevant times, Defendant WEILL utilized Defendant DR. PADUCH to
provide services to Plaintiff and others for its material benefit.
72. At all relevant times, Defendant WEILL had the right to supervise, manage, and
control DR. PADUCH when he provided services to Plaintiff and others on its behalf and for its
material benefit.
73. Before Defendant WEILL allowed Defendant DR. PADUCH to use his position as
its agent and employee to sexually abuse Plaintiff, Defendant WEILL knew or should have known
that its employees or agents, including Defendant DR. PADUCH, would use his position of
authority to sexually abuse his patients.
74. Before Defendant WEILL allowed Defendant DR. PADUCH to use his position as
its agent and employee to sexually abuse Plaintiff, Defendant WEILL knew or should have known
that Defendant DR. PADUCH was using his position as its agent to sexually abuse his patients.
75. Before Defendant WEILL allowed Defendant DR. PADUCH to use his position as
its agent and employee to sexually abuse Plaintiff, Defendant WEILL knew or should have known
that defendant DR. PADUCH would use his position as its agent to sexually abuse Plaintiff.
76. At all relevant times, Defendant WEILL took no steps to prevent Defendant DR.
PADUCH from using his position as its agent and employee to sexually abuse Plaintiff.
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77. At all relevant times, Defendant WEILL took no steps to prevent Defendant DR.
PADUCH from using the tasks, premises, and instrumentalities of his position as its agent and
employee to sexually abuse Plaintiff, including its medical facilities, locations, and equipment.
78. In 2012, while Plaintiff was a patient of Defendant DR. PADUCH, DR. PADUCH
used his position as an agent and employee of Defendant WEILL to sexually abuse Plaintiff.
79. At all relevant times, Plaintiff was in the care, custody, and control of Defendant
WEILL when he was sexually abused by Defendant DR. PADUCH, while Plaintiff was being
“treated” using its medical facilities, locations, and equipment.
80. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff
occurred in the examination rooms at Defendant WEILL’s medical facility where Defendant DR.
PADUCH worked as a physician.
81. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff
occurred under the guise and pretext of Defendant DR. PADUCH providing “medical treatment”
to Plaintiff, who was his patient.
82. At all relevant times, Defendant WEILL allowed Defendant DR. PADUCH to use
his position as its agent and employee to sexually abuse Plaintiff.
83. At all relevant times, Defendant WEILL allowed Defendant DR. PADUCH to
sexually abuse Plaintiff using property that was owned, operated, and/or controlled by Defendant
NYPH including its medical facilities, locations, and equipment.
84. At all relevant times, Defendant WEILL knew or should have known that its
negligent conduct would inflict severe emotional and psychological distress, as well as personal
physical injury, on others, including Plaintiff, and he did in fact suffer severe emotional and
psychological distress and personal physical injury because of its wrongful conduct.
85. By reason of the wrongful acts and omissions of Defendants NYPH, WEILL, and
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DR. PADUCH as detailed herein, Plaintiff JOHN DOE sustained injuries, including but not limited
to, severe emotional and psychological distress, humiliation, fright, dissociation, anger,
depression, anxiety, a severe shock to his nervous system, physical pain and mental anguish, and
emotional and psychological damage.
86. Upon information and belief, some or all of these injuries are of a permanent and
lasting nature, and Plaintiff has and/or will become obligated to expend sums of money for
treatment.
87. By reason of the wrongful acts and omissions of Defendants NYPH, WEILL, and
DR. PADUCH as detailed herein, Plaintiff JOHN DOE has been caused to suffer a loss of earnings
and will continue to suffer greater financial loss as time progresses.
AS AND FOR A FIRST CAUSE OF ACTION:
NEGLIGENCE
88. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
paragraphs numbered “1” through “87” above, as if the same were set forth more fully at length
herein.
89. At all relevant times, Defendant NYPH had a duty to take reasonable steps to
protect Plaintiff JOHN DOE from foreseeable harm when Plaintiff was in its care, custody, and
control, including when Plaintiff was a patient of NYPH and was receiving treatment using its
medical facilities, locations, and equipment.
90. At all relevant times, Defendant NYPH breached the foregoing duty by failing to
exercise reasonable care to prevent Defendant DR. PADUCH from sexually abusing Plaintiff when
Plaintiff was in its care, custody, and control, including when the Plaintiff was a patient of
Defendant NYPH and was receiving treatment using its medical facilities, locations, and
equipment.
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91. At all relevant times, Defendant NYPH also had a duty to take reasonable steps to
prevent Defendant DR. PADUCH from using the tasks, premises, and instrumentalities of his
position of authority as its agent and employee to sexually abuse Plaintiff, including its medical
facilities, locations, and equipment.
92. At all relevant times, Defendant NYPH breached the foregoing duty by failing to
exercise reasonable care to prevent DR. PADUCH from using the tasks, premises, and
instrumentalities of his position as its agent to sexually abuse Plaintiff, including its medical
facilities, locations, and equipment.
93. At all relevant times, Defendant NYPH breached the foregoing duties by failing to
exercise reasonable care in supervising Defendant DR. PADUCH when he was using its tasks,
premises, and instrumentalities, including failing to investigate complaints and concerns about his
behavior; failing to exercise reasonable care in training its other agents and employees to supervise
Defendant DR. PADUCH, including recognizing signs that he was using his position to sexually
abuse patients; failing to exercise reasonable care in supervising Plaintiff while the Plaintiff was
in its care, custody, and control, including allowing Defendant DR. PADUCH to have
unsupervised contact with Plaintiff; and, in failing to warn Plaintiff that Defendant DR. PADUCH
may pose a danger to Plaintiff in that he might use his position to sexually abuse him.
94. As a direct and proximate result of the wrongful acts and omissions of Defendant
NYPH, Defendant DR. PADUCH was able to use his position as its agent to sexually abuse
Plaintiff.
95. As a direct and proximate result of the wrongful acts and omissions of Defendant
NYPH, Plaintiff JOHN DOE sustained physical and psychological injuries, including but not
limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger,
depression, anxiety, a severe shock to his nervous system, physical pain and mental anguish, and
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emotional and psychological damage, and, upon information and belief, some or all of these
injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to
expend sums of money for treatment.
96. At all relevant times, Defendant WEILL had a duty to take reasonable steps to
protect Plaintiff JOHN DOE from foreseeable harm when Plaintiff was in its care, custody, and
control, including when Plaintiff was a patient of WEILL and was receiving treatment using its
medical facilities, locations, and equipment.
97. At all relevant times, Defendant WEILL breached the foregoing duty by failing to
exercise reasonable care to prevent Defendant DR. PADUCH from sexually abusing Plaintiff when
Plaintiff was in its care, custody, and control, including when the Plaintiff was a patient of
Defendant WEILL and was receiving treatment using its medical facilities, locations, and
equipment.
98. At all relevant times, Defendant WEILL also had a duty to take reasonable steps to
prevent Defendant DR. PADUCH from using the tasks, premises, and instrumentalities of his
position of authority as its agent and employee to sexually abuse Plaintiff, including its medical
facilities, locations, and equipment.
99. At all relevant times, Defendant WEILL breached the foregoing duty by failing to
exercise reasonable care to prevent DR. PADUCH from using the tasks, premises, and
instrumentalities of his position as its agent to sexually abuse Plaintiff, including its medical
facilities, locations, and equipment.
100. At all relevant times, Defendant WEILL breached the foregoing duties by failing
to exercise reasonable care in supervising Defendant DR. PADUCH when he was using its tasks,
premises, and instrumentalities, including failing to investigate complaints and concerns about his
behavior; failing to exercise reasonable care in training its other agents and employees to supervise
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Defendant DR. PADUCH, including recognizing signs that he was using his position to sexually
abuse patients; failing to exercise reasonable care in supervising Plaintiff while the Plaintiff was
in its care, custody, and control, including allowing Defendant DR. PADUCH to have
unsupervised contact with Plaintiff; and, in failing to warn Plaintiff that Defendant DR. PADUCH
may pose a danger to Plaintiff in that he might use his position to sexually abuse him.
101. As a direct and proximate result of the wrongful acts and omissions of Defendant
WEILL, Defendant DR. PADUCH was able to use his position as its agent to sexually abuse
Plaintiff.
102. As a direct and proximate result of the wrongful acts and omissions of Defendant
WEILL, Plaintiff JOHN DOE sustained physical and psychological injuries, including but not
limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger,
depression, anxiety, a severe shock to his nervous system, physical pain and mental anguish, and
emotional and psychological damage, and, upon information and belief, some or all of these
injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to
expend sums of money for treatment.
103. As a direct and proximate result of the wrongful acts and omissions of Defendant
WEILL, Plaintiff JOHN DOE has been caused to suffer a loss of earnings and will continue to
suffer greater financial loss as time progresses.
104. The amount of damages sought exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION FOR
NEGLIGENT RETENTION, SUPERVISION, AND/OR DIRECTION
AS TO DEFENDANTS NYPH AND WEILL
105. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
paragraphs numbered “1” through “104” above, as if the same were set forth more fully at length
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herein.
106. The abuse of Plaintiff JOHN DOE occurred in 2012, while Plaintiff was a patient
under the care of the Defendants.
107. At all times relevant, Defendant NYPH operated, controlled, managed, supervised
and/or funded a medical facility located at 525 East 68th Street, New York, NY 10065.
108. At all times relevant, Defendant DR. PADUCH was an employee of Defendant
NYPH.
109. At all times relevant, Defendant NYPH was, and still is, a domestic corporation
duly organized and existing under and by virtue of the laws of the State of New York.
110. At all times relevant, Defendant NYPH was under a duty to operate, control,
manage, supervise, and maintain the aforesaid medical facility in a safe, lawful, and proper fashion.
111. At all times relevant, Defendant NYPH had a duty to safeguard and supervise
patients utilizing the aforesaid medical facility, including Plaintiff.
112. At all times relevant, Defendant NYPH hired and employed certain individuals to
render medical care and treatment to patients, including DR. PADUCH.
113. At all times relevant, Defendant NYPH, its agents, servants and/or employees
breached their duty to maintain the aforesaid medical facility high in a reasonably safe condition
and manner.
114. At all times relevant, Defendant NYPH, its agents, servants and/or employees
breached their duty to supervise the patients, including Plaintiff, of the aforesaid medical facility
in a reasonably safe manner.
115. At all times relevant, Defendant NYPH owed Plaintiff a duty of care because it had
a special relationship with the Plaintiff.
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116. At all times relevant, Defendant NYPH owed Plaintiff a duty to protect him from
harm because Defendant NYPH had a special relationship with Defendant DR. PADUCH.
117. At all times relevant, Defendant NYPH owed Plaintiff a duty to protect him from
harm because Defendant NYPH had a contractual relationship with Defendant DR. PADUCH.
118. By accepting Plaintiff as a patient at the aforesaid medical facility and holding their
facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary relationship
with Plaintiff at all times relevant, Defendant NYPH entered into an express and/or implied duty
to properly supervise Plaintiff and provide a reasonably safe environment for patients seeking
medical care and treatment. Defendant NYPH owed Plaintiff a duty to properly supervise Plaintiff
and protect him from foreseeable dangers.
119. At all times relevant, Defendant NYPH breached its duties to the Plaintiff.
120. Defendant NYPH’s breach of their duties include, but are not limited to: failure to
protect Plaintiff from a known danger; failure to have sufficient policies and procedures in place
to prevent sex abuse and assault being committed by any of their employees and/or staff members;
failure to properly implement policies and procedures to prevent sex abuse and assault; failure to
take reasonable measures to ensure that policies and procedures to prevent sex abuse and assault
were working; failure to investigate risks of sexual assault; failure to properly train the employees
at their medical facilities; failed to have any outside agency test their safety procedures; and failure
to train their employees properly to identify signs of sexual abuse and sexual assault by fellow
employees.
121. At all times relevant, Defendant NYPH failed to use ordinary care in determining
whether the aforesaid medical facility was a safe place for Plaintiff.
122. Defendant NYPH, by and through its agents, servants and/or employees, became
aware, or through the exercise of reasonable care, supervision, and investigation, should have
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become aware of Defendant DR. PADUCH’s, propensity to commit sexual assault of his patients
and of the risk to Plaintiff’s safety.
123. At the very least, Defendant NYPH knew, or should have known, that they did not
have sufficient information about whether the aforesaid medical facility was safe and if the
Defendant DR. PADUCH posed a danger to patients seeking treatment at Defendant NYPH’s
medical facilities.
124. Defendant NYPH breached their duty to the Plaintiff by failing to warn him of the
risks that the Defendant DR. PADUCH posed and the risks of sexual assault occurring in the
aforesaid medical facility during the relevant time period.
125. The sexual abuse committed by DR. PADUCH was, or should have been,
reasonably foreseeable to Defendant NYPH.
126. Defendant NYPH, its employees, administrators, and staff were on actual and/or
constructive notice that Plaintiff was being sexually abused by agents and/or employees of
Defendant NYPH.
127. Defendant NYPH created a foreseeable risk of harm to Plaintiff by employing
Defendant DR. PADUCH, and allowing him to continue in his employ, despite knowledge of his
actions that made it reasonable to assume that they were posed substantial risk of danger to
patients, including Plaintiff.
128. As a direct and proximate result of the foregoing, Plaintiff sustained emotional and
psychological injuries, along with pain and suffering and loss of enjoyment of life.
129. The subject assault and resultant injuries were caused by, and through reason of the
negligence and carelessness of Defendant NYPH, their agents, servants and/or employees, in the
ownership, operation, management, supervision, maintenance and control of the aforesaid medical
facility and its employees therein.
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130. Defendant NYPH’s actions were intentional, done with malice, cruelty and/or a
deliberate, willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard of the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. Defendant NYPH’s conduct was so outrageous, shocking, despicable,
and contemptible that it exceeds the reasonable bounds of decency as measured by what the
average member of the community
Preview
FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOHN DOE, Index No.: Plaintiff, Plaintiff designates NEW YORK County as the place of trial -against- PLAINTIFF DEMANDS TRIAL BY JURY SUMMONS DARIUS A. PADUCH, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL and WEILL Venue is based on the location in CORNELL MEDICINE, which a substantial part of the events or omissions giving rise to Plaintiff’s Defendants. claims occurred. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York April 12, 2024 RHEINGOLD GIUFFRA RUFFO PLOTKIN & HELLMAN LLP Attorneys for Plaintiff _____________________ By: Thomas P. Giuffra, Esq. 551 Fifth Avenue, 29th Fl. New York, NY 10176 Tel: (212) 684-1880 tgiuffra@rheingoldlaw.com SEE DEFENDANTS’ ADDRESSES ON THE NEXT PAGE 1 1 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Defendants’ Addresses DARIUS A. PADUCH, M.D. MDC Brooklyn Metropolitan Detention Center P.O. Box 329002 Brooklyn, NY 11232 THE NEW YORK AND PRESBYTERIAN HOSPITAL 427 E 68th Street New York, NY WEILL CORNELL MEDICINE 1300 York Avenue New York, NY 10065 2 2 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOHN DOE, Index No.: Plaintiff, COMPLAINT -against- DARIUS A. PADUCH, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL and WEILL CORNELL MEDICINE, Defendants. Plaintiff JOHN DOE complaining of the Defendants by his attorneys RHEINGOLD GIUFFRA RUFFO PLOTKIN & HELLMAN, LLP respectfully alleges, upon information and belief, the following: NATURE OF THE ACTION 1. This complaint is based on the negligent, willful, or intentional failure of the Defendants to protect Plaintiff JOHN DOE from being sexually abused and exploited by one of their employees, agents, and/or servants, Defendant DARIUS A. PADUCH, M.D., when JOHN DOE was a patient of DARIUS A. PADUCH, M.D at Defendants THE NEW YORK AND PRESBYTERIAN HOSPITAL’s and WEILL CORNELL MEDICINE’s medical facilities. PROCEEDING IN ACCORDANCE WITH NEW YORK CITY ADMINISTRATIVE CODE, §§ 10-1101 – 10-1107 2. This complaint is filed pursuant to the Victims of Gender-Motivated Violence Protection Law (VGM), New York City Administrative Code §§ 10-1101 – 10-1107. The enactment of the VGM creates a civil cause of action available to “any person claiming to be injured by an individual who commits a crime of violence motivated by gender” within a seven- year statute of limitations period. Further, the City Council approved a separate measure in 2021 3 3 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 that does something similar, creating a two-year window for alleged victims of gender-based violence to sue, even if the filing deadline, or statute of limitations, has passed; that deadline is not until March 2025. As such, the VGM allows Plaintiff to pursue restorative justice in New York State for the sexual abuse he suffered at the hands of DARIUS A. PADUCH, M.D., while Plaintiff was a patient of his. PARTIES 3. Plaintiff JOHN DOE is an adult male who currently resides in New York, NY. 4. That at all times herein mentioned, Defendant DARIUS A. PADUCH, M.D. (hereinafter “DR. PADUCH”) was a physician duly licensed to practice medicine in the State of New York and represented himself to be a skilled and trained physician duly qualified to render medical care and treatment to patients. 5. That at all times hereinafter mentioned, Defendant DR. PADUCH held himself out to the public, and more particularly to Plaintiff herein, as possessing the proper degree of learning and skill and that he undertook to use reasonable care and diligence in the treatment of the Plaintiff JOHN DOE. 6. That at all times hereinafter mentioned, Defendant DR. PADUCH represented himself to be a physician specializing in the field of urology. 7. That at all times hereinafter mentioned, Defendant DR. PADUCH was employed as a physician at Defendant WEILL CORNELL MEDICINE (hereinafter “WEILL”). 8. That at all times hereinafter mentioned, Defendant DR. PADUCH was employed as a physician at Defendant THE NEW YORK AND PRESBYTERIAN HOSPITAL (hereinafter “NYPH”). 9. That at all times hereinafter mentioned, Defendant DR. PADUCH maintained an office for the practice of his profession at New York-Presbyterian Weill Cornell Medical Center 4 4 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 located at 525 East 68th Street, New York, NY 10065. 10. That at all times hereinafter mentioned, Defendant NYPH was and still is a New York domestic not-for-profit corporation duly organized and existing under New York law with its principal place of business in New York, New York. 11. That at all times herein mentioned, Defendant NYPH conducted business as “New York-Presbyterian”, “New York-Presbyterian Hospital”, New York-Presbyterian/Weill Cornell Medical Center”, “New York-Presbyterian/Weill Cornell,” “Weill Cornell Medicine”, and “Weill Cornell Medical Center.” All such entities are collectively referred to herein as Defendant NYPH. 12. That at all times herein mentioned, Defendant NYPH utilized Defendant DR. PADUCH as one of its employees, agents, or servants, including as a physician at its medical facilities and locations where DR. PADUCH provided services to adults and minors on behalf of Defendant NYPH for its material benefit. 13. That at all times hereinafter mentioned, Defendant WEILL was and still is a New York domestic not-for-profit corporation duly organized and existing under New York law with its principal place of business in New York, New York. 14. That at all times herein mentioned, Defendant WEILL utilized Defendant DR. PADUCH as one of its employees, agents, or servants, including as a physician at its medical facilities and locations where DR. PADUCH provided services to adults and minors on behalf of Defendant WEILL for its material benefit. 15. That at all times hereinafter mentioned, DR. PADUCH served as an Associate Professor of Reproductive Medicine and Urology at Weill-Cornell Medical Center and was the Director of Sexual Health and Medicine in the Department of Urology. 16. That at the time of the events complained of herein, Defendant DR. PADUCH was employed by Defendant NYPH. 5 5 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 17. That at the time of the events complained of herein, Defendant DR. PADUCH was employed by Defendant WEILL. 18. At all times relevant, Defendant DR. PADUCH was acting within the course and scope of his employment with Defendant NYPH. 19. At all times relevant, Defendant DR. PADUCH was acting within the course and scope of his employment with Defendant WEILL. 20. Plaintiff JOHN DOE seeks damages from Defendants for their actions and more specifically seeks damages from Defendants NYPH and WEILL, who were and are legally responsible for the acts complained of herein that were committed by Defendant DR. PADUCH and failed to properly supervise and/or monitor the activities of Defendant DR. PADUCH. JURISDICTION AND VENUE 21. Venue is proper because Defendants NYPH is a domestic corporation authorized to transact business in New York with its principal office located in the County of New York, City and State of New York. 22. Venue is proper because Defendants WEILL is a domestic corporation authorized to transact business in New York with its principal office located in the County of New York, City and State of New York. 23. Venue is proper pursuant to CPLR §503, in that a substantial part of the events or omissions giving rise to the claims occurred within New York County. 24. The amount of damages sought herein exceeds the jurisdictional limit of all lower courts which would otherwise have jurisdiction. FACTS COMMON TO ALL CAUSES OF ACTION 25. Plaintiff JOHN DOE repeats and re-alleges the above allegations. 26. That the occurrences complained of herein took place within DR. PADUCH’s 6 6 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 office located within Weill Cornell Medical Center at 525 E 68th Street, New York, NY. At all relevant times, Plaintiff JOHN DOE was a patient of DR. PADUCH’s. 27. That on or about November 8, 2012, Plaintiff was the victim of one or more criminal sex acts at the hands of Defendant DR. PADUCH. 28. That on or about November 8, 2012, Plaintiff JOHN DOE first saw Defendant. DR. PADUCH at his office located at 525 East 68th Street, New York, NY 10065. 29. Plaintiff made an appointment with DR. PADUCH because Plaintiff had an abnormal discharge coming from his penis which he thought signaled that he had an STD. 30. Plaintiff was in a very vulnerable situation when he first met Defendant DR. PADUCH, of which DR. PADUCH was quite aware. Plaintiff was depressed and was desperate to try anything that would cure his impotence. 31. During this visit with DR. PADUCH, he stuck a swab into Plaintiff’s urethra causing Plaintiff great pain and discomfort. 32. DR. PADUCH then fondled Plaintiff’s penis and testicles which confused Plaintiff and made him even more uncomfortable. 33. DR. PADUCH then brought Plaintiff to a different room where DR. PADUCH requested that Plaintiff masturbate under his observation so that DR. PADUCH may obtain a semen sample. During this time, DR. PADUCH also turned on a pornographic film as to arouse Plaintiff and aid his masturbation. DR. PADUCH then watched Plaintiff masturbate until Plaintiff ejaculated. 34. In this visit with DR. PADUCH, he was highly inappropriate, unprofessional and illicit, especially in that DR. PADUCH knew Plaintiff was in a vulnerable state and he was taking advantage of Plaintiff’s vulnerability for his own sexual gains. 35. Upon information and belief, at all relevant times, Defendant NYPH managed, 7 7 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 maintained, supervised, operated, and controlled the medical facilities, locations, and equipment that Defendant DR. PADUCH used to sexually abuse Plaintiff. 36. At all relevant times, Defendant NYPH hired, managed, supervised, and controlled the doctors, nurses, medical personnel, administrators, and staff that worked and/or volunteered at its medical facilities and locations, including Defendant DR. PADUCH, and all other persons who worked and/or volunteered at NYPH and the medical facility and location where Plaintiff was sexually abused by Defendant DR. PADUCH. 37. At all relevant times Defendant NYPH held itself out to the public as the owner of its medical facilities and locations, including the medical facility and location where Plaintiff was sexually abused by DR. PADUCH. 38. At all relevant times, Defendant NYPH held out its agents, servants, and employees to the public as those who managed, maintained, supervised, operated, and controlled its medical facilities and locations, including the medical facility where Plaintiff was sexually abused by DR. PADUCH. 39. At all relevant times, Defendant DR. PADUCH was a doctor employed by Defendant NYPH who worked and/or volunteered at its medical facilities and locations, including the medical facility and office location where Plaintiff was sexually abused. 40. At all relevant times, Defendant DR. PADUCH was an agent and employee of Defendant NYPH. 41. At all relevant times, Defendant NYPH held Defendant DR. PADUCH out to the public and to Plaintiff as its agent and employee on its behalf and for its material benefit. 42. At all relevant times, Defendant NYPH held Defendant DR. PADUCH out to the public, and to Plaintiff as having been vetted, screened, and approved to serve as one of its agents and employees, and as a preeminent expert in his field. 8 8 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 43. At all relevant times, Defendant DR. PADUCH was acting within the scope of his employment with Defendant NYPH. 44. At all relevant times, Defendant DR. PADUCH had or used offices and examination rooms on the premises of Defendant NYPH’s medical facilities. 45. At all relevant times, Defendant DR. PADUCH used his position as an agent and employee of Defendant NYPH to sexually abuse Plaintiff while using its medical facilities, locations, and equipment. 46. At all relevant times, Defendant NYPH utilized Defendant DR. PADUCH to provide services to Plaintiff and others for its material benefit. 47. At all relevant times, Defendant NYPH had the right to supervise, manage, and control DR. PADUCH when he provided services to Plaintiff and others on its behalf and for its material benefit. 48. Before Defendant NYPH allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff, Defendant NYPH knew or should have known that its employees or agents, including Defendant DR. PADUCH, would use his position of authority to sexually abuse his patients. 49. Before Defendant NYPH allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff, Defendant NYPH knew or should have known that Defendant DR. PADUCH was using his position as its agent to sexually abuse his patients. 50. Before Defendant NYPH allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff, Defendant NYPH knew or should have known that defendant DR. PADUCH would use his position as its agent to sexually abuse Plaintiff. 51. At all relevant times, Defendant NYPH took no steps to prevent Defendant DR. PADUCH from using his position as its agent and employee to sexually abuse Plaintiff. 9 9 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 52. At all relevant times, Defendant NYPH took no steps to prevent Defendant DR. PADUCH from using the tasks, premises, and instrumentalities of his position as its agent and employee to sexually abuse Plaintiff, including its medical facilities, locations, and equipment. 53. In 2012, while Plaintiff was a patient of Defendant DR. PADUCH, DR. PADUCH used his position as an agent and employee of Defendant NYPH to sexually abuse Plaintiff. 54. At all relevant times, Plaintiff was in the care, custody, and control of Defendant NYPH when he was sexually abused by Defendant DR. PADUCH, while Plaintiff was being “treated” using its medical facilities, locations, and equipment. 55. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff occurred in the examination rooms at Defendant NYPH’s medical facility where Defendant DR. PADUCH worked as a physician. 56. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff occurred under the guise and pretext of Defendant DR. PADUCH providing “medical treatment” to Plaintiff, who was his patient. 57. At all relevant times, Defendant NYPH allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff. 58. At all relevant times, Defendant NYPH allowed Defendant DR. PADUCH to sexually abuse Plaintiff using property that was owned, operated, and/or controlled by Defendant NYPH including its medical facilities, locations, and equipment. 59. At all relevant times, Defendant NYPH knew or should have known that its negligent conduct would inflict severe emotional and psychological distress, as well as personal physical injury, on others, including Plaintiff, and he did in fact suffer severe emotional and psychological distress and personal physical injury because of its wrongful conduct. 60. Upon information and belief, at all relevant times, Defendant WEILL managed, 10 10 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 maintained, supervised, operated, and controlled the medical facilities, locations, and equipment that Defendant DR. PADUCH used to sexually abuse Plaintiff. 61. At all relevant times, Defendant WEILL hired, managed, supervised, and controlled the doctors, nurses, medical personnel, administrators, and staff that worked and/or volunteered at its medical facilities and locations, including Defendant DR. PADUCH, and all other persons who worked and/or volunteered at WEILL and the medical facility and location where Plaintiff was sexually abused by Defendant DR. PADUCH. 62. At all relevant times Defendant WEILL held itself out to the public as the owner of its medical facilities and locations, including the medical facility and location where Plaintiff was sexually abused by DR. PADUCH. 63. At all relevant times, Defendant WEILL held out its agents, servants, and employees to the public as those who managed, maintained, supervised, operated, and controlled its medical facilities and locations, including the medical facility where Plaintiff was sexually abused by DR. PADUCH. 64. At all relevant times, Defendant DR. PADUCH was a doctor employed by Defendant WEILL who worked and/or volunteered at its medical facilities and locations, including the medical facility and office location where Plaintiff was sexually abused. 65. At all relevant times, Defendant DR. PADUCH was an agent and employee of Defendant WEILL. 66. At all relevant times, Defendant WEILL held Defendant DR. PADUCH out to the public and to Plaintiff as its agent and employee on its behalf and for its material benefit. 67. At all relevant times, Defendant WEILL held Defendant DR. PADUCH out to the public, and to Plaintiff as having been vetted, screened, and approved to serve as one of its agents and employees, and as a preeminent expert in his field. 11 11 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 68. At all relevant times, Defendant DR. PADUCH was acting within the scope of his employment with Defendant WEILL. 69. At all relevant times, Defendant DR. PADUCH had or used offices and examination rooms on the premises of Defendant WEILL’s medical facilities. 70. At all relevant times, Defendant DR. PADUCH used his position as an agent and employee of Defendant WEILL to sexually abuse Plaintiff while using its medical facilities, locations, and equipment. 71. At all relevant times, Defendant WEILL utilized Defendant DR. PADUCH to provide services to Plaintiff and others for its material benefit. 72. At all relevant times, Defendant WEILL had the right to supervise, manage, and control DR. PADUCH when he provided services to Plaintiff and others on its behalf and for its material benefit. 73. Before Defendant WEILL allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff, Defendant WEILL knew or should have known that its employees or agents, including Defendant DR. PADUCH, would use his position of authority to sexually abuse his patients. 74. Before Defendant WEILL allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff, Defendant WEILL knew or should have known that Defendant DR. PADUCH was using his position as its agent to sexually abuse his patients. 75. Before Defendant WEILL allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff, Defendant WEILL knew or should have known that defendant DR. PADUCH would use his position as its agent to sexually abuse Plaintiff. 76. At all relevant times, Defendant WEILL took no steps to prevent Defendant DR. PADUCH from using his position as its agent and employee to sexually abuse Plaintiff. 12 12 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 77. At all relevant times, Defendant WEILL took no steps to prevent Defendant DR. PADUCH from using the tasks, premises, and instrumentalities of his position as its agent and employee to sexually abuse Plaintiff, including its medical facilities, locations, and equipment. 78. In 2012, while Plaintiff was a patient of Defendant DR. PADUCH, DR. PADUCH used his position as an agent and employee of Defendant WEILL to sexually abuse Plaintiff. 79. At all relevant times, Plaintiff was in the care, custody, and control of Defendant WEILL when he was sexually abused by Defendant DR. PADUCH, while Plaintiff was being “treated” using its medical facilities, locations, and equipment. 80. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff occurred in the examination rooms at Defendant WEILL’s medical facility where Defendant DR. PADUCH worked as a physician. 81. At all relevant times, Defendant DR. PADUCH’s sexual assault of Plaintiff occurred under the guise and pretext of Defendant DR. PADUCH providing “medical treatment” to Plaintiff, who was his patient. 82. At all relevant times, Defendant WEILL allowed Defendant DR. PADUCH to use his position as its agent and employee to sexually abuse Plaintiff. 83. At all relevant times, Defendant WEILL allowed Defendant DR. PADUCH to sexually abuse Plaintiff using property that was owned, operated, and/or controlled by Defendant NYPH including its medical facilities, locations, and equipment. 84. At all relevant times, Defendant WEILL knew or should have known that its negligent conduct would inflict severe emotional and psychological distress, as well as personal physical injury, on others, including Plaintiff, and he did in fact suffer severe emotional and psychological distress and personal physical injury because of its wrongful conduct. 85. By reason of the wrongful acts and omissions of Defendants NYPH, WEILL, and 13 13 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 DR. PADUCH as detailed herein, Plaintiff JOHN DOE sustained injuries, including but not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to his nervous system, physical pain and mental anguish, and emotional and psychological damage. 86. Upon information and belief, some or all of these injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of money for treatment. 87. By reason of the wrongful acts and omissions of Defendants NYPH, WEILL, and DR. PADUCH as detailed herein, Plaintiff JOHN DOE has been caused to suffer a loss of earnings and will continue to suffer greater financial loss as time progresses. AS AND FOR A FIRST CAUSE OF ACTION: NEGLIGENCE 88. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs numbered “1” through “87” above, as if the same were set forth more fully at length herein. 89. At all relevant times, Defendant NYPH had a duty to take reasonable steps to protect Plaintiff JOHN DOE from foreseeable harm when Plaintiff was in its care, custody, and control, including when Plaintiff was a patient of NYPH and was receiving treatment using its medical facilities, locations, and equipment. 90. At all relevant times, Defendant NYPH breached the foregoing duty by failing to exercise reasonable care to prevent Defendant DR. PADUCH from sexually abusing Plaintiff when Plaintiff was in its care, custody, and control, including when the Plaintiff was a patient of Defendant NYPH and was receiving treatment using its medical facilities, locations, and equipment. 14 14 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 91. At all relevant times, Defendant NYPH also had a duty to take reasonable steps to prevent Defendant DR. PADUCH from using the tasks, premises, and instrumentalities of his position of authority as its agent and employee to sexually abuse Plaintiff, including its medical facilities, locations, and equipment. 92. At all relevant times, Defendant NYPH breached the foregoing duty by failing to exercise reasonable care to prevent DR. PADUCH from using the tasks, premises, and instrumentalities of his position as its agent to sexually abuse Plaintiff, including its medical facilities, locations, and equipment. 93. At all relevant times, Defendant NYPH breached the foregoing duties by failing to exercise reasonable care in supervising Defendant DR. PADUCH when he was using its tasks, premises, and instrumentalities, including failing to investigate complaints and concerns about his behavior; failing to exercise reasonable care in training its other agents and employees to supervise Defendant DR. PADUCH, including recognizing signs that he was using his position to sexually abuse patients; failing to exercise reasonable care in supervising Plaintiff while the Plaintiff was in its care, custody, and control, including allowing Defendant DR. PADUCH to have unsupervised contact with Plaintiff; and, in failing to warn Plaintiff that Defendant DR. PADUCH may pose a danger to Plaintiff in that he might use his position to sexually abuse him. 94. As a direct and proximate result of the wrongful acts and omissions of Defendant NYPH, Defendant DR. PADUCH was able to use his position as its agent to sexually abuse Plaintiff. 95. As a direct and proximate result of the wrongful acts and omissions of Defendant NYPH, Plaintiff JOHN DOE sustained physical and psychological injuries, including but not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to his nervous system, physical pain and mental anguish, and 15 15 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 emotional and psychological damage, and, upon information and belief, some or all of these injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of money for treatment. 96. At all relevant times, Defendant WEILL had a duty to take reasonable steps to protect Plaintiff JOHN DOE from foreseeable harm when Plaintiff was in its care, custody, and control, including when Plaintiff was a patient of WEILL and was receiving treatment using its medical facilities, locations, and equipment. 97. At all relevant times, Defendant WEILL breached the foregoing duty by failing to exercise reasonable care to prevent Defendant DR. PADUCH from sexually abusing Plaintiff when Plaintiff was in its care, custody, and control, including when the Plaintiff was a patient of Defendant WEILL and was receiving treatment using its medical facilities, locations, and equipment. 98. At all relevant times, Defendant WEILL also had a duty to take reasonable steps to prevent Defendant DR. PADUCH from using the tasks, premises, and instrumentalities of his position of authority as its agent and employee to sexually abuse Plaintiff, including its medical facilities, locations, and equipment. 99. At all relevant times, Defendant WEILL breached the foregoing duty by failing to exercise reasonable care to prevent DR. PADUCH from using the tasks, premises, and instrumentalities of his position as its agent to sexually abuse Plaintiff, including its medical facilities, locations, and equipment. 100. At all relevant times, Defendant WEILL breached the foregoing duties by failing to exercise reasonable care in supervising Defendant DR. PADUCH when he was using its tasks, premises, and instrumentalities, including failing to investigate complaints and concerns about his behavior; failing to exercise reasonable care in training its other agents and employees to supervise 16 16 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Defendant DR. PADUCH, including recognizing signs that he was using his position to sexually abuse patients; failing to exercise reasonable care in supervising Plaintiff while the Plaintiff was in its care, custody, and control, including allowing Defendant DR. PADUCH to have unsupervised contact with Plaintiff; and, in failing to warn Plaintiff that Defendant DR. PADUCH may pose a danger to Plaintiff in that he might use his position to sexually abuse him. 101. As a direct and proximate result of the wrongful acts and omissions of Defendant WEILL, Defendant DR. PADUCH was able to use his position as its agent to sexually abuse Plaintiff. 102. As a direct and proximate result of the wrongful acts and omissions of Defendant WEILL, Plaintiff JOHN DOE sustained physical and psychological injuries, including but not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to his nervous system, physical pain and mental anguish, and emotional and psychological damage, and, upon information and belief, some or all of these injuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of money for treatment. 103. As a direct and proximate result of the wrongful acts and omissions of Defendant WEILL, Plaintiff JOHN DOE has been caused to suffer a loss of earnings and will continue to suffer greater financial loss as time progresses. 104. The amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENT RETENTION, SUPERVISION, AND/OR DIRECTION AS TO DEFENDANTS NYPH AND WEILL 105. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs numbered “1” through “104” above, as if the same were set forth more fully at length 17 17 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 herein. 106. The abuse of Plaintiff JOHN DOE occurred in 2012, while Plaintiff was a patient under the care of the Defendants. 107. At all times relevant, Defendant NYPH operated, controlled, managed, supervised and/or funded a medical facility located at 525 East 68th Street, New York, NY 10065. 108. At all times relevant, Defendant DR. PADUCH was an employee of Defendant NYPH. 109. At all times relevant, Defendant NYPH was, and still is, a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 110. At all times relevant, Defendant NYPH was under a duty to operate, control, manage, supervise, and maintain the aforesaid medical facility in a safe, lawful, and proper fashion. 111. At all times relevant, Defendant NYPH had a duty to safeguard and supervise patients utilizing the aforesaid medical facility, including Plaintiff. 112. At all times relevant, Defendant NYPH hired and employed certain individuals to render medical care and treatment to patients, including DR. PADUCH. 113. At all times relevant, Defendant NYPH, its agents, servants and/or employees breached their duty to maintain the aforesaid medical facility high in a reasonably safe condition and manner. 114. At all times relevant, Defendant NYPH, its agents, servants and/or employees breached their duty to supervise the patients, including Plaintiff, of the aforesaid medical facility in a reasonably safe manner. 115. At all times relevant, Defendant NYPH owed Plaintiff a duty of care because it had a special relationship with the Plaintiff. 18 18 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 116. At all times relevant, Defendant NYPH owed Plaintiff a duty to protect him from harm because Defendant NYPH had a special relationship with Defendant DR. PADUCH. 117. At all times relevant, Defendant NYPH owed Plaintiff a duty to protect him from harm because Defendant NYPH had a contractual relationship with Defendant DR. PADUCH. 118. By accepting Plaintiff as a patient at the aforesaid medical facility and holding their facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary relationship with Plaintiff at all times relevant, Defendant NYPH entered into an express and/or implied duty to properly supervise Plaintiff and provide a reasonably safe environment for patients seeking medical care and treatment. Defendant NYPH owed Plaintiff a duty to properly supervise Plaintiff and protect him from foreseeable dangers. 119. At all times relevant, Defendant NYPH breached its duties to the Plaintiff. 120. Defendant NYPH’s breach of their duties include, but are not limited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and procedures in place to prevent sex abuse and assault being committed by any of their employees and/or staff members; failure to properly implement policies and procedures to prevent sex abuse and assault; failure to take reasonable measures to ensure that policies and procedures to prevent sex abuse and assault were working; failure to investigate risks of sexual assault; failure to properly train the employees at their medical facilities; failed to have any outside agency test their safety procedures; and failure to train their employees properly to identify signs of sexual abuse and sexual assault by fellow employees. 121. At all times relevant, Defendant NYPH failed to use ordinary care in determining whether the aforesaid medical facility was a safe place for Plaintiff. 122. Defendant NYPH, by and through its agents, servants and/or employees, became aware, or through the exercise of reasonable care, supervision, and investigation, should have 19 19 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 become aware of Defendant DR. PADUCH’s, propensity to commit sexual assault of his patients and of the risk to Plaintiff’s safety. 123. At the very least, Defendant NYPH knew, or should have known, that they did not have sufficient information about whether the aforesaid medical facility was safe and if the Defendant DR. PADUCH posed a danger to patients seeking treatment at Defendant NYPH’s medical facilities. 124. Defendant NYPH breached their duty to the Plaintiff by failing to warn him of the risks that the Defendant DR. PADUCH posed and the risks of sexual assault occurring in the aforesaid medical facility during the relevant time period. 125. The sexual abuse committed by DR. PADUCH was, or should have been, reasonably foreseeable to Defendant NYPH. 126. Defendant NYPH, its employees, administrators, and staff were on actual and/or constructive notice that Plaintiff was being sexually abused by agents and/or employees of Defendant NYPH. 127. Defendant NYPH created a foreseeable risk of harm to Plaintiff by employing Defendant DR. PADUCH, and allowing him to continue in his employ, despite knowledge of his actions that made it reasonable to assume that they were posed substantial risk of danger to patients, including Plaintiff. 128. As a direct and proximate result of the foregoing, Plaintiff sustained emotional and psychological injuries, along with pain and suffering and loss of enjoyment of life. 129. The subject assault and resultant injuries were caused by, and through reason of the negligence and carelessness of Defendant NYPH, their agents, servants and/or employees, in the ownership, operation, management, supervision, maintenance and control of the aforesaid medical facility and its employees therein. 20 20 of 36 FILED: NEW YORK COUNTY CLERK 04/16/2024 04:38 PM INDEX NO. 153571/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 130. Defendant NYPH’s actions were intentional, done with malice, cruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard of the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. Defendant NYPH’s conduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community