Preview
FILED: BRONX COUNTY CLERK 04/19/2024
03/20/2024 04:43
03:11 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 79
62 RECEIVED NYSCEF: 04/19/2024
03/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COLINTY OF BRONX
ROSE DOE,
AMENDED ANSWER
Plaintiffs,
-against- Index #: 81891112023E
CITY OF NEW YORK, NEW YORK CITY HEALTH Law Dept. #: 2023-109804
AND HOSPITALS CORPORATION, PATRICIA
FEENEY, JAMES REILLY, TIFFANY ROBINSON-
MCAULAY, SHASHA BARRETO, FLOYD PHIPPS,
ELYN RIVERA, MONICA JOHNSON, PATRICIA
JACQUEZ, JENNIFER CRUZ, RASHIDA KING,
ERYKA ROGERS, MIKERLEEN BOURNES,
ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN
DERENONCOURT, ROBERT BALTHAZAR, M.D.,
ooSADE"
DOE, and JOHN DOES # l-20,
Defendants.
Defendants THE CITY OF NEW YORK, NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY
ROBINSON-MCAULAY, SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA
JOHNSON, PATRICIA JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS,
MIKERLEEN BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN
DERENONCOURT, ROBERT BALTHAZAR, M.D., bY HON. SYLVIA HINDS-RADIX,
Acting Corporation Counsel, answering the complaint, allege upon information and belief:
l. Admit each allegation that the City of New York is a municipal corporation
which maintains a Department of Correction and that the New York City Health and Hospitals
Corporation is a public benefit corporation that provides medical and mental health services at Rikers
Island.
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FILED: BRONX COUNTY CLERK 04/19/2024
03/20/2024 04:43
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NYSCEF DOC. NO. 79
62 RECEIVED NYSCEF: 04/19/2024
03/20/2024
2. Deny each other allegation set forth in paragraphs I through 432, except deny
knowledge or information sufficient to form a belief as to the allegations that plaintiff was sexually
abused andlor the location and/or the manner of abuse and deny in the manner alleged that the
undersigned defendants had a tort duty or direct responsibility to plaintiff and other allegations
concerning legal principles, referring all questions of law to the court.
AFFIRMATIVE DEFENSES
3. Defendants are immune from suit for their exercise of discretion in the
performance of a governmental function and/or their exercise of professional judgment.
4. The amounts recoverable by plaintiff are subject to limitation pursuant to
Section 1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other
person(s) who are, or with reasonable diligence could have been made party defendant(s) to this
action, or pursuant to Section l5-108 of the General Obligations Law, by reason of a prior settlement
between plaintiff and said person(s), or pursuant to Section 4545 of the Civil Practice Law and Rules
are subject to reduction by collateral sources received by plaintiff, orby reason ofthe fact that punitive
damages are not recoverable against municipal defendant(s).
5. Plaintiffls first, second, third, fourth, and seventh causes of action are barred
by reason of the fact that they were not commenced within the time provided by the statute of
limitations.
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FILED: BRONX COUNTY CLERK 04/19/2024
03/20/2024 04:43
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NYSCEF DOC. NO. 79
62 RECEIVED NYSCEF: 04/19/2024
03/20/2024
WHEREFORE, defendants demand judgment dismissing the complaint and all
cross-claims against them, or, in the event that they are adjudged liable, granting judgment over,
or apportioning such liability in accordance with their equitable shares of responsibility, and
awarding the costs of this action, together with such other and further relief as to the court may
seem just.
HON. SYLVIA O. HINDS-RADIX
Acting Corporation Counsel
100 Church Street
New York, New York 10007
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FILED: BRONX COUNTY CLERK 04/19/2024
03/20/2024 04:43
03:11 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 79
62 RECEIVED NYSCEF: 04/19/2024
03/20/2024
VERIFICATION
Chris Murdoch, an attorney duly admitted to practice law in the Courts of the State of New
York and designated as Assistant Corporation Counsel of the City of New York, attorney for
defendants CITY OF NEW YORK, NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY ROBINSON-MCAULAY,
SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRICIA
JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN BOURNES,
ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT, ROBERT
BALTHAZAR, M.D., in this action, affirms the following statements to be true under the penalty of
perjury pursuant to Rule 2106 CPLR:
That he has read the foregoing answer of defendant the City of New York and knows the
contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to
be alleged upon information and belief, and that as to those matters he believes them to be true.
Affiant further says that the source of information and the grounds of belief are derived from
the files, books and records maintained in the normal course of business of the Law Department and
other departments of the City government and from statements made to and by officers or agents of the
City of New York.
Dated: New York, New York
March 20,2024
Uri,trfl',rrrlw|
CHRIS MURDOCH
rev. 0:
26 of 27
FILED: BRONX COUNTY CLERK 04/19/2024
03/20/2024 04:43
03:11 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 79
62 RECEIVED NYSCEF: 04/19/2024
03/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COLINTY OF BRONX
ROSE DOE,
Plaintiff(s),
- against -
CITY OF NEW YORK, NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY,
TIFFANY ROBINSON-MCAULAY, SHASHA BARRETO, FLOYD
PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRICIA JACQUEZ,
JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN
BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN
DERENONCOURT, ROBERT BALTHAZAR, M.D, "SADE" DOE, ANd
JOHN DOES # I-20
Defendant(s)
AMENDED ANSWER AND DEMANDS
HON. SYLVIA O. HINDS-RADIX
Acting Corporation Counsel
Attorney for Defendants THE CITY OF NEW YORK, and NEW YORK
CITY HEALTH AND HOSPITALS CORPORATION, PATRICIA
FEENEY, JAMES REILLY, TIFFANY ROBINSON-MCAULAY,
SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA
JOHNSON, PATRTCIA JACQUEZ, JENNIFER CRUZ, RASHIDA
KING, ERYKA ROGERS, MIKERLEEN BOURNES, ANTHONY
SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT,
ROBERT BALTHAZAR, M.D,
100 Church Street
New York, New York 10007
Telephone Numbers:
- all Boroughs)
Early Intervention Unit (settlements
(2r2) 3s6-r66s
Pleadings Unit (212) 356-3235 (pleadings matters only)
AllOther Matters (Inquire by county of venue)
Bronx Office: (718) 503-5030 (EBT's - 5045)
Brooklyn Office: (7 18) 724-5200 (EBT's- 5226\
Manhattan Office: (212) 356-2725 (EBT's-2791)
Queens Office:(718) 558-2100 (EBT's - 2105)
Staten Island Office: (718) 876-3600 (EBT's-3603)
following Law Dept. #:2023-109805 and indicate the
Please refer to the
County in which the action is pending in all papers, conespondence and
other communications with respect thereto.
rev. 0:
27 of 27
Preview
FILED: BRONX COUNTY CLERK 04/19/2024 03/20/2024 04:43 03:11 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 79 62 RECEIVED NYSCEF: 04/19/2024 03/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF BRONX ROSE DOE, AMENDED ANSWER Plaintiffs, -against- Index #: 81891112023E CITY OF NEW YORK, NEW YORK CITY HEALTH Law Dept. #: 2023-109804 AND HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY ROBINSON- MCAULAY, SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRICIA JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT, ROBERT BALTHAZAR, M.D., ooSADE" DOE, and JOHN DOES # l-20, Defendants. Defendants THE CITY OF NEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY ROBINSON-MCAULAY, SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRICIA JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT, ROBERT BALTHAZAR, M.D., bY HON. SYLVIA HINDS-RADIX, Acting Corporation Counsel, answering the complaint, allege upon information and belief: l. Admit each allegation that the City of New York is a municipal corporation which maintains a Department of Correction and that the New York City Health and Hospitals Corporation is a public benefit corporation that provides medical and mental health services at Rikers Island. 1 of 27 FILED: BRONX COUNTY CLERK 04/19/2024 03/20/2024 04:43 03:11 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 79 62 RECEIVED NYSCEF: 04/19/2024 03/20/2024 2. Deny each other allegation set forth in paragraphs I through 432, except deny knowledge or information sufficient to form a belief as to the allegations that plaintiff was sexually abused andlor the location and/or the manner of abuse and deny in the manner alleged that the undersigned defendants had a tort duty or direct responsibility to plaintiff and other allegations concerning legal principles, referring all questions of law to the court. AFFIRMATIVE DEFENSES 3. Defendants are immune from suit for their exercise of discretion in the performance of a governmental function and/or their exercise of professional judgment. 4. The amounts recoverable by plaintiff are subject to limitation pursuant to Section 1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other person(s) who are, or with reasonable diligence could have been made party defendant(s) to this action, or pursuant to Section l5-108 of the General Obligations Law, by reason of a prior settlement between plaintiff and said person(s), or pursuant to Section 4545 of the Civil Practice Law and Rules are subject to reduction by collateral sources received by plaintiff, orby reason ofthe fact that punitive damages are not recoverable against municipal defendant(s). 5. Plaintiffls first, second, third, fourth, and seventh causes of action are barred by reason of the fact that they were not commenced within the time provided by the statute of limitations. 2 of 27 FILED: BRONX COUNTY CLERK 04/19/2024 03/20/2024 04:43 03:11 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 79 62 RECEIVED NYSCEF: 04/19/2024 03/20/2024 WHEREFORE, defendants demand judgment dismissing the complaint and all cross-claims against them, or, in the event that they are adjudged liable, granting judgment over, or apportioning such liability in accordance with their equitable shares of responsibility, and awarding the costs of this action, together with such other and further relief as to the court may seem just. HON. SYLVIA O. HINDS-RADIX Acting Corporation Counsel 100 Church Street New York, New York 10007 3 of 27 FILED: BRONX COUNTY CLERK 04/19/2024 03/20/2024 04:43 03:11 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 79 62 RECEIVED NYSCEF: 04/19/2024 03/20/2024 VERIFICATION Chris Murdoch, an attorney duly admitted to practice law in the Courts of the State of New York and designated as Assistant Corporation Counsel of the City of New York, attorney for defendants CITY OF NEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY ROBINSON-MCAULAY, SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRICIA JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT, ROBERT BALTHAZAR, M.D., in this action, affirms the following statements to be true under the penalty of perjury pursuant to Rule 2106 CPLR: That he has read the foregoing answer of defendant the City of New York and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters he believes them to be true. Affiant further says that the source of information and the grounds of belief are derived from the files, books and records maintained in the normal course of business of the Law Department and other departments of the City government and from statements made to and by officers or agents of the City of New York. Dated: New York, New York March 20,2024 Uri,trfl',rrrlw| CHRIS MURDOCH rev. 0: 26 of 27 FILED: BRONX COUNTY CLERK 04/19/2024 03/20/2024 04:43 03:11 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 79 62 RECEIVED NYSCEF: 04/19/2024 03/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF BRONX ROSE DOE, Plaintiff(s), - against - CITY OF NEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY ROBINSON-MCAULAY, SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRICIA JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT, ROBERT BALTHAZAR, M.D, "SADE" DOE, ANd JOHN DOES # I-20 Defendant(s) AMENDED ANSWER AND DEMANDS HON. SYLVIA O. HINDS-RADIX Acting Corporation Counsel Attorney for Defendants THE CITY OF NEW YORK, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PATRICIA FEENEY, JAMES REILLY, TIFFANY ROBINSON-MCAULAY, SHASHA BARRETO, FLOYD PHIPPS, ELYN RIVERA, MONICA JOHNSON, PATRTCIA JACQUEZ, JENNIFER CRUZ, RASHIDA KING, ERYKA ROGERS, MIKERLEEN BOURNES, ANTHONY SABANDO, JAYSON SANCHEZ, DEVEN DERENONCOURT, ROBERT BALTHAZAR, M.D, 100 Church Street New York, New York 10007 Telephone Numbers: - all Boroughs) Early Intervention Unit (settlements (2r2) 3s6-r66s Pleadings Unit (212) 356-3235 (pleadings matters only) AllOther Matters (Inquire by county of venue) Bronx Office: (718) 503-5030 (EBT's - 5045) Brooklyn Office: (7 18) 724-5200 (EBT's- 5226\ Manhattan Office: (212) 356-2725 (EBT's-2791) Queens Office:(718) 558-2100 (EBT's - 2105) Staten Island Office: (718) 876-3600 (EBT's-3603) following Law Dept. #:2023-109805 and indicate the Please refer to the County in which the action is pending in all papers, conespondence and other communications with respect thereto. rev. 0: 27 of 27