Preview
FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/09/2024
"B"
Exhibit
FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24
YSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/23/201
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/09/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
JOHN DOE,
Plaintiff, VERIFIED ANSWER
--against--
Index No. 905378-19
ROMAN CATHOLIC DIOCESE OF ALBANY and
ST. MARY'S CHURCH,
Defendants.
INTRODUCTION
The Roman Catholic Diocese of Albany, New York continues to provide assistance to
victims/survivors of abuse. Arrangements for assistance may be initiated by contacting the
assistance coordinator.
ANSWER AND DEFENSES OF
CHURCH DEFENDANTS
Defendants Roman Catholic Diocese of Albany and St. Mary's Church ("Church
Defendants") through their attorneys, Tobin and Dempf LLP, as and for an answer to the
complaint dated August 14, 2019, respectfully allege upon information and belief as follows:
"2"
1. With respect to paragraph of the complaint, admit that Father Richard
Severson was ordained a priest of the Diocese of Albany and deny the balance of the allegations
set forth therein.
"7"
2. With respect to paragraph of the complaint, admit that The Roman Catholic
Diocese of Albany, New York ("Diocese of Albany") is a Special Act Corporation enacted by
the New York State Legislature and deny the balance of the allegations set forth therein.
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"8"
3. With respect to paragraph of the complaint, admit that The Roman Catholic
Diocese of Albany, New York ("Diocese of Albany") is a Special Act Corporation enacted by
the New York State Legislature and deny the balance of the allegations set forth therein.
"9"
4. With respect to paragraph of the complaint, admit that The Roman Catholic
Diocese of Albany, New York ("Diocese of Albany") is a Special Act Corporation enacted by
the New York State Legislature and deny the balance of the allegations set forth therein.
"11"
5. With respect to paragraph of the complaint, admit that St. Mary's Church is
a religious corporation organized under the Religious Corporations Law and deny the balance of
the allegations set forth therein.
"I2"
6. With respect to paragraph of the complaint, admit that St. Mary's Church is
a religious corporation organized under the Religious Corporations Law and deny the balance of
the allegations set forth therein.
7. Deny any knowledge or information sufficient to form a belief as to the
"l," "38," "46," "55," "64," "73," "82."
allegations set forth at paragraphs designated and
"3," "4," "5," "6," "10,"
8. Deny the allegations set forth at paragraphs designated
"13," "I4," "15," "I6," "17," "I8," "19," "20," "21," "22," "23," "24," "25," "26," "27," "28,"
"29," "30," "31," "32," "33," "34," "35," "36," "37," "39," "40," "41," "42," "43," "44," "45,"
"47," "48," "49," "50," "51," "52," "53," "54," "56," "57," "58," "59," "60," "61," "62," "63,"
"65," "66," "67," "68," "69," "70," "71," "72," "74," "75," "76," "77," "78," "79," "80," "81,"
and."83."
9. Deny all factual allegations in the section headers in the complaint.
2
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AFFIRMATIVE AND OTHER DEFENSES
In further response to the complaint, the Church Defendants assert the
hereby following
affirmative and other defenses, without conceding that they bear the burden of persuasion as to
any of them except those deemed affirmative defenses by law, regardless of how such defenses
are denominated herein. Nor do the Church Defendants admit the plaintiff is relieved of his
burden to prove each and every element of his claims and the damages, if any, to which he
claims to be entitled. As for its defenses, the Church Defendants reassert ant reincorporate as if
fully set forth herein its responses, above, to the complaint.
AS AND FOR A FIRST DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
10. The complaint and each cause of action thereof, fails to set forth facts sufficiently
detailed so as to "give the court and parties notice of the transactions, occurrences, or series of
transactions or occurrences, intended to be proved and the material elements of each cause of
defense."
action or See CPLR 3013.
AS AND FOR A SECOND DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
11. 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 Church Defendants and further fails
to state facts sufficient to entitle plaintiff to the relief sought, or to any other relief whatsoever
from the Church Defendants.
AS AND FOR A THIRD DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
12. purported damages allegedly suffered by plaintiff are the result of the acts or
Any
omissions of third persons over whom the Church Defendants had neither control nor
3
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responsibility, and the Church Defendants expressly reserve the right to seek indemnification for
any liability incurred.
AS AND FOR A FOURTH DEFENSE DEFENDANTS UPON
INFOR.MATION AND BELIEF RESPECTFULLY ALLEGE
13. The complaint and the claims for relief therein are barred by laches anil the statute
of limitations.
AS AND FOR A FIFTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
14. Any alleged damages sustained by plaintiff were, at least in part, caused by the
actions of other persons and resulted from their negligence which equaled or exceeded any
alleged negligence or wrongdoing by the Church Defendants.
AS AND FOR A SIXTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
15. Plaintiff s claims violate the right to due process of law under the United States
and New York State Constitutions.
AS AND FOR A SEVENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
16. Plaintiff's claims care barred, in whole or in part, by documentary evidence.
AS AND FOR AN EIGHTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
17. The Church Defendants reserve their right to claim the limitations of liability
pursuant to Article 16 of the CPER, for any recovery by the plaintiff for any non-economic
losses.
4
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AS AND FOR A NINTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
18. Some or all plaintiff's damages are barred and/or subject to CPLR 4545. ,
AS AND FOR A TENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
19. The Church Defendants had no notice, either actual or constructive, of the
allegations set forth by plaintiff.
AS AND FOR AN ELEVENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
20. The Church Defendants reserve their rights under General Obligations Law 15-
§
108 and CPLR Article 14.
AS AND FOR A TWELFTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
21. Plaintiff has failed to mitigate damages.
AS AND FOR A THIRTEENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
22. Plaintiff s damages, if any, were the result of superseding or intervening causes.
AS AND FOR A FOURTEENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
Defendants'
23. The Church actions were in conformity with professional best
practices and with the available knowledge in the community and met applicable standards at the
time.
AS AND FOR A FIFTEENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
24. At all times referenced in the complaint, the Church Defendatits though their
representatives acted in a reasonable manner consistent with professional standards, in good faith
5
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and without malice and said actions were justified.
AS AND FOR A SIXTEENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
25, The complaint fails to join a necessary party defendant.
AS AND FOR A SEVENTEENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
26. Punitive damages are barred by the United States and New York State
Constitutions.
AS AND FOR A EIGHTEENTH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
27. Accord and satisfaction,
AS AND FOR A NINETEENT.H DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
28. The complaint splits a single cause of action.
AS AND FOR A TWENTIETH DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
29. The Church Defendants have no legal duty to the plaintiff.
AS AND FOR A TWENTY-FIRST DEFENSE DEFENDANTS UPON
INFORMATION AND BELIEF RESPECTFULLY ALLEGE
30. The Church Defendants reserve the right to amend and supplement its affirmative
and other defenses to include additional defenses at such time and to such an extent as warranted
by discovery and the factual developments in this case.
6
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WHEREFORE, Church Defendants respectfully request judgment dismissing the
complaint in its entirety and for such other and further relief as the Court may deem just, proper
and equitable.
'
Dated: December 23, 2019 T0 llN A. D DEMPF. 1.I.P
Albany, New York
By:
Michael .. Costello
Attorneys for Church Defendants
515 Broadway, 4th Floor
Albany, NY 12207
(518) 463-1177
Of Counsel
Marie Flynn Danek
PHELAN PHELAN & DANEK, LLP
300 Great Oaks Blvd.
Albany, NY 12203
TO: Jordan K. Merson, Esq.
MERSON LAW, PLLC
Attorneysfor Plaintiff
150 ˆast 58* Street, 34* Floor
New York, NY 10155
(212) 603-9100
7
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF ALBANY )
Giovanni Virgiglio, being duly sworn, deposes and says that he is the Diocesan
Chancellor of the Roman Catholic Diocese of Albany, has read the annexed Answer and knows
the contents thereof; that the sarne is true to the knowledge of deponent based on records, except
as to matters therein stated to be alleged upon infonnation and belief, as to those matters he
believes them to be true and that the basis for his knowledge are the records of the church
defendants.
( iovanni Virgiglio
Sworn to before me this 23rd
day of ·cember, 2019.
Nota Public
MICHAEL L. COSTELLO
NOTARY PUBLIC, STATE OF NEW YORK
Registrabon No. 02CO4650023
Oualihed in Albany County
Commisson Expires October 31. 20¬Í
8
Preview
FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/09/2024 "B" Exhibit FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/23/201 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/09/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY JOHN DOE, Plaintiff, VERIFIED ANSWER --against-- Index No. 905378-19 ROMAN CATHOLIC DIOCESE OF ALBANY and ST. MARY'S CHURCH, Defendants. INTRODUCTION The Roman Catholic Diocese of Albany, New York continues to provide assistance to victims/survivors of abuse. Arrangements for assistance may be initiated by contacting the assistance coordinator. ANSWER AND DEFENSES OF CHURCH DEFENDANTS Defendants Roman Catholic Diocese of Albany and St. Mary's Church ("Church Defendants") through their attorneys, Tobin and Dempf LLP, as and for an answer to the complaint dated August 14, 2019, respectfully allege upon information and belief as follows: "2" 1. With respect to paragraph of the complaint, admit that Father Richard Severson was ordained a priest of the Diocese of Albany and deny the balance of the allegations set forth therein. "7" 2. With respect to paragraph of the complaint, admit that The Roman Catholic Diocese of Albany, New York ("Diocese of Albany") is a Special Act Corporation enacted by the New York State Legislature and deny the balance of the allegations set forth therein. FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF NYSCEF DOC. DOC. NO. NO. 835 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/23/201 05/09/2024 "8" 3. With respect to paragraph of the complaint, admit that The Roman Catholic Diocese of Albany, New York ("Diocese of Albany") is a Special Act Corporation enacted by the New York State Legislature and deny the balance of the allegations set forth therein. "9" 4. With respect to paragraph of the complaint, admit that The Roman Catholic Diocese of Albany, New York ("Diocese of Albany") is a Special Act Corporation enacted by the New York State Legislature and deny the balance of the allegations set forth therein. "11" 5. With respect to paragraph of the complaint, admit that St. Mary's Church is a religious corporation organized under the Religious Corporations Law and deny the balance of the allegations set forth therein. "I2" 6. With respect to paragraph of the complaint, admit that St. Mary's Church is a religious corporation organized under the Religious Corporations Law and deny the balance of the allegations set forth therein. 7. Deny any knowledge or information sufficient to form a belief as to the "l," "38," "46," "55," "64," "73," "82." allegations set forth at paragraphs designated and "3," "4," "5," "6," "10," 8. Deny the allegations set forth at paragraphs designated "13," "I4," "15," "I6," "17," "I8," "19," "20," "21," "22," "23," "24," "25," "26," "27," "28," "29," "30," "31," "32," "33," "34," "35," "36," "37," "39," "40," "41," "42," "43," "44," "45," "47," "48," "49," "50," "51," "52," "53," "54," "56," "57," "58," "59," "60," "61," "62," "63," "65," "66," "67," "68," "69," "70," "71," "72," "74," "75," "76," "77," "78," "79," "80," "81," and."83." 9. Deny all factual allegations in the section headers in the complaint. 2 FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF NYSCEF DOC. DOC. NO. NO. 835 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/23/201 05/09/2024 AFFIRMATIVE AND OTHER DEFENSES In further response to the complaint, the Church Defendants assert the hereby following affirmative and other defenses, without conceding that they bear the burden of persuasion as to any of them except those deemed affirmative defenses by law, regardless of how such defenses are denominated herein. Nor do the Church Defendants admit the plaintiff is relieved of his burden to prove each and every element of his claims and the damages, if any, to which he claims to be entitled. As for its defenses, the Church Defendants reassert ant reincorporate as if fully set forth herein its responses, above, to the complaint. AS AND FOR A FIRST DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 10. The complaint and each cause of action thereof, fails to set forth facts sufficiently detailed so as to "give the court and parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of each cause of defense." action or See CPLR 3013. AS AND FOR A SECOND DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 11. 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 Church Defendants and further fails to state facts sufficient to entitle plaintiff to the relief sought, or to any other relief whatsoever from the Church Defendants. AS AND FOR A THIRD DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 12. purported damages allegedly suffered by plaintiff are the result of the acts or Any omissions of third persons over whom the Church Defendants had neither control nor 3 FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/23/201 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/09/2024 responsibility, and the Church Defendants expressly reserve the right to seek indemnification for any liability incurred. AS AND FOR A FOURTH DEFENSE DEFENDANTS UPON INFOR.MATION AND BELIEF RESPECTFULLY ALLEGE 13. The complaint and the claims for relief therein are barred by laches anil the statute of limitations. AS AND FOR A FIFTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 14. Any alleged damages sustained by plaintiff were, at least in part, caused by the actions of other persons and resulted from their negligence which equaled or exceeded any alleged negligence or wrongdoing by the Church Defendants. AS AND FOR A SIXTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 15. Plaintiff s claims violate the right to due process of law under the United States and New York State Constitutions. AS AND FOR A SEVENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 16. Plaintiff's claims care barred, in whole or in part, by documentary evidence. AS AND FOR AN EIGHTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 17. The Church Defendants reserve their right to claim the limitations of liability pursuant to Article 16 of the CPER, for any recovery by the plaintiff for any non-economic losses. 4 FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF NYSCEF DOC. DOC. NO. NO. 835 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/23/ 2 O1 05/09/2024 AS AND FOR A NINTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 18. Some or all plaintiff's damages are barred and/or subject to CPLR 4545. , AS AND FOR A TENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 19. The Church Defendants had no notice, either actual or constructive, of the allegations set forth by plaintiff. AS AND FOR AN ELEVENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 20. The Church Defendants reserve their rights under General Obligations Law 15- § 108 and CPLR Article 14. AS AND FOR A TWELFTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 21. Plaintiff has failed to mitigate damages. AS AND FOR A THIRTEENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 22. Plaintiff s damages, if any, were the result of superseding or intervening causes. AS AND FOR A FOURTEENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE Defendants' 23. The Church actions were in conformity with professional best practices and with the available knowledge in the community and met applicable standards at the time. AS AND FOR A FIFTEENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 24. At all times referenced in the complaint, the Church Defendatits though their representatives acted in a reasonable manner consistent with professional standards, in good faith 5 FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF DOC. NO. 8 RECEIVED NYSCEF DOC. NO. 35 RECEIVED NYSCEF: NYSCEF: 12/23/201 05/09/2024 and without malice and said actions were justified. AS AND FOR A SIXTEENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 25, The complaint fails to join a necessary party defendant. AS AND FOR A SEVENTEENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 26. Punitive damages are barred by the United States and New York State Constitutions. AS AND FOR A EIGHTEENTH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 27. Accord and satisfaction, AS AND FOR A NINETEENT.H DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 28. The complaint splits a single cause of action. AS AND FOR A TWENTIETH DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 29. The Church Defendants have no legal duty to the plaintiff. AS AND FOR A TWENTY-FIRST DEFENSE DEFENDANTS UPON INFORMATION AND BELIEF RESPECTFULLY ALLEGE 30. The Church Defendants reserve the right to amend and supplement its affirmative and other defenses to include additional defenses at such time and to such an extent as warranted by discovery and the factual developments in this case. 6 FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF NYSCEF DOC. NO. 835 DOC. NO. RECEIVED RECEIVED NYSCEF: NYSCEF: 12/23/201 05/09/2024 WHEREFORE, Church Defendants respectfully request judgment dismissing the complaint in its entirety and for such other and further relief as the Court may deem just, proper and equitable. ' Dated: December 23, 2019 T0 llN A. D DEMPF. 1.I.P Albany, New York By: Michael .. Costello Attorneys for Church Defendants 515 Broadway, 4th Floor Albany, NY 12207 (518) 463-1177 Of Counsel Marie Flynn Danek PHELAN PHELAN & DANEK, LLP 300 Great Oaks Blvd. Albany, NY 12203 TO: Jordan K. Merson, Esq. MERSON LAW, PLLC Attorneysfor Plaintiff 150 ˆast 58* Street, 34* Floor New York, NY 10155 (212) 603-9100 7 FILED: ALBANY COUNTY CLERK 05/09/2024 04:54 PM INDEX NO. 901925-24 YSCEF NYSCEF DOC. NO. 835 DOC. NO. RECEIVED RECEIVED NYSCEF: NYSCEF: 12/23/201 05/09/2024 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF ALBANY ) Giovanni Virgiglio, being duly sworn, deposes and says that he is the Diocesan Chancellor of the Roman Catholic Diocese of Albany, has read the annexed Answer and knows the contents thereof; that the sarne is true to the knowledge of deponent based on records, except as to matters therein stated to be alleged upon infonnation and belief, as to those matters he believes them to be true and that the basis for his knowledge are the records of the church defendants. ( iovanni Virgiglio Sworn to before me this 23rd day of ·cember, 2019. Nota Public MICHAEL L. COSTELLO NOTARY PUBLIC, STATE OF NEW YORK Registrabon No. 02CO4650023 Oualihed in Albany County Commisson Expires October 31. 20¬Í 8