On July 12, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Maria Gomez,
and
St. Fortunata Roman Catholic Church,
The Roman Catholic Diocese Of Brooklyn,
for Torts - Child Victims Act
in the District Court of Kings County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS : CVA PART
-------------------------------------------------------------------X
MARIA GOMEZ, : Index No.: 512146/2020
Plaintiff, :
: Hon. George J. Silver
-against- :
: STIPULATION
THE ROMAN CATHOLIC DIOCESE OF :
BROOKLYN, and ST. FORTUNATA ROMAN :
CATHOLIC CHURCH, :
:
Defendants. ::
-------------------------------------------------------------------X
IT IS HEREBY STIPULATED AND AGREED by and between counsel for the respective
parties that, whereas no party hereto is an infant, incompetent person for whom a committee has
been appointed or conservatee, and no person not a party has an interest in the subject matter of
the action, the plaintiff discontinues the following causes of action of her Verified Complaint (the
"Complaint") against the defendants, with prejudice:
1. The First Cause of Action for Negligence, to the extent liability is premised on respondeat
superior or it can be read as alleging a cause of action for breach of duty in loco parentis
or a cause of action for breach of fiduciary duty. Plaintiff, however, continues to rely upon
in loco parentis as a theory of negligence, but not as a separate cause of action;
2. The Third Cause of Action for Breach of Non-Delegable Duty; and
3. The Fourth Cause of Action for Negligent Infliction of Emotional Distress.
IT IS FURTHER STIPULATED AND AGREED that in consideration of the above partial
discontinuance, the defendants shall not make any pre-answer CPLR 3211 motion to dismiss but
shall instead answer the Complaint; and
01143807.1
IT IS FURTHER STIPULATED AND AGREED that should the Complaint be published
or submitted to the jury at the time of trial, the causes of action that have been discontinued shall
be redacted.
IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be signed in
counterparts and facsimile or PDF copies of such counterpart signatures shall be sufficient for all
purposes and deemed to have the same force and effect as originals, and that this Stipulation may
be filed with the Clerk of the Court without further notice.
Dated: August 3, 2020
Linc C. Leder, Esq. Robert M. Ortiz, Esq.
Slater Slater Schulman LLP Shaub, Ahmuty, Citrin & Spratt, LLP
445 Broad Hollow Road, Suite 419 1983 Marcus Avenue, Suite 260
Melville, New York 11747 Lake Success, New York 11042
(631) 420-9300 (516) 488-3300
lleder@sssfirm.com rortiz@sacslaw.com
Co-Counsel for Plaintiff Maria Gomez Attorneys for Defendant The Roman
Catholic Diocese of Brooklyn, New York
s/h/a The Roman Catholic Diocese
of Brooklyn
ha
Francis
r-cit...
J. Sc
. 3catheff
11, Esq. Gary
%¾
Certain, Esq.
Scahill Law Group P.C. Certain & Zilberg, PLLC
20th
1065 Stewart Avenue, Suite 210 488 Madison Avenue, FlOOr
Bethpage, New York, 11714 New York, New York 10022
(516) 294-5200 (212) 687-7800
frank@scahillpc.com gcertain@certainlaw.com
Attorneys for Defendant Co-Counsel for Plaintiff Maria Gomez
St. Fortunata Roman Catholic Church
01143807.1 2
Document Filed Date
August 03, 2020
Case Filing Date
July 12, 2020
Category
Torts - Child Victims Act
Status
Disposed-Consolidated Into
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS : CVA PART -------------------------------------------------------------------X MARIA GOMEZ, : Index No.: 512146/2020 Plaintiff, : : Hon. George J. Silver -against- : : STIPULATION THE ROMAN CATHOLIC DIOCESE OF : BROOKLYN, and ST. FORTUNATA ROMAN : CATHOLIC CHURCH, : : Defendants. :: -------------------------------------------------------------------X IT IS HEREBY STIPULATED AND AGREED by and between counsel for the respective parties that, whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, the plaintiff discontinues the following causes of action of her Verified Complaint (the "Complaint") against the defendants, with prejudice: 1. The First Cause of Action for Negligence, to the extent liability is premised on respondeat superior or it can be read as alleging a cause of action for breach of duty in loco parentis or a cause of action for breach of fiduciary duty. Plaintiff, however, continues to rely upon in loco parentis as a theory of negligence, but not as a separate cause of action; 2. The Third Cause of Action for Breach of Non-Delegable Duty; and 3. The Fourth Cause of Action for Negligent Infliction of Emotional Distress. IT IS FURTHER STIPULATED AND AGREED that in consideration of the above partial discontinuance, the defendants shall not make any pre-answer CPLR 3211 motion to dismiss but shall instead answer the Complaint; and 01143807.1 IT IS FURTHER STIPULATED AND AGREED that should the Complaint be published or submitted to the jury at the time of trial, the causes of action that have been discontinued shall be redacted. IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be signed in counterparts and facsimile or PDF copies of such counterpart signatures shall be sufficient for all purposes and deemed to have the same force and effect as originals, and that this Stipulation may be filed with the Clerk of the Court without further notice. Dated: August 3, 2020 Linc C. Leder, Esq. Robert M. Ortiz, Esq. Slater Slater Schulman LLP Shaub, Ahmuty, Citrin & Spratt, LLP 445 Broad Hollow Road, Suite 419 1983 Marcus Avenue, Suite 260 Melville, New York 11747 Lake Success, New York 11042 (631) 420-9300 (516) 488-3300 lleder@sssfirm.com rortiz@sacslaw.com Co-Counsel for Plaintiff Maria Gomez Attorneys for Defendant The Roman Catholic Diocese of Brooklyn, New York s/h/a The Roman Catholic Diocese of Brooklyn ha Francis r-cit... J. Sc . 3catheff 11, Esq. Gary %¾ Certain, Esq. Scahill Law Group P.C. Certain & Zilberg, PLLC 20th 1065 Stewart Avenue, Suite 210 488 Madison Avenue, FlOOr Bethpage, New York, 11714 New York, New York 10022 (516) 294-5200 (212) 687-7800 frank@scahillpc.com gcertain@certainlaw.com Attorneys for Defendant Co-Counsel for Plaintiff Maria Gomez St. Fortunata Roman Catholic Church 01143807.1 2