Answer: Ark204 Doe v. Archdiocese Of New York, Santa Maria, Does 1-5 Whose Identities Are Unknown To Plaintiff

On June 10, 2020 a Answer was filed involving a dispute between Ark204 Doe, and Archdiocese Of New York, Does 1-5 Whose Identities Are Unknown To Plaintiff, Santa Maria, for Torts - Child Victims Act in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 08/31/2020 11:38 AM INDEX NO. 950165/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X
ARK204 DOE,
Index No.: 950165/2020
Plaintiff,

-against- ANSWER

ARCHDIOCESE OF NEW YORK,
SANTA MARIA; and DOES 1-5 whose
identities are unknown to Plaintiff,

Defendants.
--------------------------------------------------------------X

Answering Defendant, the ARCHDIOCESE OF NEW YORK (“the Archdiocese”), by its

attorneys, BLEAKLEY PLATT & SCHMIDT, LLP, answering the Complaint of Plaintiff

herein, upon information and belief, respectfully alleges:

PARTIES

1. Denies knowledge or information sufficient to form a belief as to the allegations

contained in the paragraph designated “1” of the Complaint.

2. Denies knowledge or information sufficient to form a belief as to the allegations

contained in the paragraph designated “2” of the Complaint and refers the Court to any and all

motions filed in this matter.

3. Denies knowledge or information sufficient to form a belief as to the allegations

contained in the paragraph designated “3” of the Complaint.

The allegations contained in the paragraph designated “4” of the Complaint contain legal
conclusions that do not require an admission or denial and therefore, no response is required and
none is made. However, to the extent a response is required, answering defendant

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denies each and every allegation contained in the paragraph designated "4" of plaintiffs

Complaint.

5. The allegations contained in the paragraph designated "5" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "5" of plaintiffs

Complaint.

6. The allegations contained in the paragraph designated "6" of the Complaint

contain legal conclusions that do not require an admission or denial and therefore no response is

required and none is made. However, to the extent an answer is required, the Archdiocese denies

the remaining allegations contained in paragraph "6", except admits that the Archdiocese was

incorporated in 1981 pursuant to the New York State Religious Corporations Law § 15 and its

principal place of business is located at 1011 First Avenue, New York, New York.

7. Admits the Diocese ofNew York was elevated to an archdiocese in 1850, and that

the Archdiocese was incorporation 1981 pursuant to the New York State Religious Corporation

Law § 15. The Archdiocese denies the remaining allegations contained in the paragraph

designated "7" of the Complaint and begs leave to refer all questions or law to the Court at the

time of trial.

8. Denies the allegations contained in the paragraph designated "8" of the

Complaint.

9. Denies knowledge or information sufficient to form a belief with respect to the

allegations contained in the paragraph designated "9" of the Complaint.

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10. The allegations contained in the paragraph designated "10" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "10" of plaintiff's

Complaint, except admits that Santa Maria is located within the geographical and ecclesiastical

boundaries of the Archdiocese.

11. Denies knowledge or information sufficient to form a belief with respect to the

allegations contained in the paragraph designated "11" of the Complaint.

JURISDICTION

12. Denies knowledge or information sufficient to form a belief with respect to the

allegations contained in the paragraph designated "12" of the Complaint and begs leave to refer

all questions or law to the Court at the time of trial, except admits that the Archdiocese' principal

place of business is located at 1011 First Avenue, New York, New York.

13. Denies knowledge or information sufficient to form a belief with respect to the

allegations contained in the paragraph designated "13" of the Complaint and begs leave to refer

all questions or law to the Court at the time of trial, except admits that the Archdiocese' principal

place of business is located at 1011 First Avenue, New York, New York.

FACTUAL ALLEGATIONS

14. Upon information and belief, Father Joseph Adamo was in ministry to the Church.

Answering Defendant denies the remaining allegations contained in the paragraph designated

"14" of the Complaint.

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15. Denies the allegations contained in the paragraph designated "15" of the

Complaint.

16. Denies knowledge or information sufficient to form a belief with respect to the

allegations contained in the paragraph designated "16" of the Complaint.

17. The allegations contained in the paragraph designated "17" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "17" of plaintiffs

Complaint.

18. Denies knowledge or information sufficient to form a belief as to the allegations

contained in the paragraph designated "18" of the Complaint.

19. Denies the allegations contained in the paragraph designated "19" of the

Complaint.

20. Denies the allegations contained in the paragraph designated "20" of the

Complaint.

AS AND FOR A RESPONSE TO COUNT I: NEGLIGENCE

21. The Archdiocese answering paragraph "21" of the Complaint repeats, reiterates

and re-alleges each and every denial and admission concerning paragraphs "l" through "20",

inclusive of the Complaint in the Answer thereto with the same force and effect as though fully

set forth at length.

22. Denies the allegations contained in the paragraph designated "22" of the

Complaint.

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23. Denies the allegations contained in the paragraph designated "23" of the

Complaint.

24. The allegations contained in the paragraph designated "24" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "24" of plaintiffs

Complaint.

25. Denies the allegations contained in the paragraph designated "25" of the

Complaint.

26. Denies the allegations contained in the paragraph designated "26" of the

Complaint.

27. The allegations contained in the paragraph designated "27" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "27" of plaintiffs

Complaint.

28. The allegations contained in the paragraph designated "28" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

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denies each and every allegation contained in the paragraph designated "28" of plaintiffs

Complaint.

29. The allegations contained in the paragraph designated "29" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "29" of plaintiffs

Complaint.

30. The allegations contained in the paragraph designated "30" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "30" of plaintiffs

Complaint.

31. Denies the allegations contained in the paragraph designated "31" of the

Complaint.

32. The allegations contained in the paragraph designated "32" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "32" of plaintiffs

Complaint.

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33. Denies the allegations contained in the paragraph designated "33" of the

Complaint.

34. Denies the allegations contained in the paragraph designated "34" of the

Complaint.

35. Denies the allegations contained in the paragraph designated "35" of the

Complaint.

36. Denies the allegations contained in the paragraph designated "36" of the

Complaint.

37. Denies the allegations contained in the paragraph designated "37" of the

Complaint.

38. Denies the allegations contained in the paragraph designated "38" of the

Complaint.

39. Denies the allegations contained in the paragraph designated "39" of the

Complaint.

40. Denies the allegations contained in the paragraph designated "40" of the

Complaint.

41. Denies the allegations contained in the paragraph designated "41" of the

Complaint.

42. Denies the allegations contained in the paragraph designated "42" of the

Complaint.

AS AND FOR A RESPONSE TO COUNT II: NEGLIGENT TRAINING
AND SUPERVISION OF EMPLOYEES

43. The Archdiocese answering paragraph "43" of the Complaint repeats, reiterates

and re-alleges each and every denial and admission concerning paragraphs "l" through "42",

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inclusive of the Complaint in the Answer thereto with the same force and effect as though fully

set forth at length.

44. Denies the allegations contained in the paragraph designated "44" of the

Complaint.

45. Denies the allegations contained in the paragraph designated "45" of the

Complaint.

46. Denies the allegations contained in the paragraph designated "46" of the

Complaint.

47. Denies the allegations contained in the paragraph designated "47" of the

Complaint.

48. Denies the allegations contained in the paragraph designated "48" of the

Complaint.

49. The allegations contained in the paragraph designated "49" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "49" of plaintiff's

Complaint.

50. Denies the allegations contained in the paragraph designated "50" of the

Complaint.

AS AND FOR A RESPONSE TO COUNT III:
NEGLIGENT RETENTION OF EMPLOYEES

51. The Archdiocese answering paragraph "51" of the Complaint repeats, reiterates

and re-alleges each and every denial and admission concerning paragraphs "1" through "50",

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inclusive of the Complaint in the Answer thereto with the same force and effect as though fully

set forth at length.

52. Denies the allegations contained in the paragraph designated "52" of the

Complaint.

53. The allegations contained in the paragraph designated "53" of the Complaint

contain legal conclusions that do not require an admission or denial and the balance of the

averments in this paragraph are directed to another Defendant and, therefore, no response is

required and none is made. However, to the extent a response is required, answering defendant

denies each and every allegation contained in the paragraph designated "53" of plaintiff's

Complaint.

54. Denies the allegations contained in the paragraph designated "54" of the

Complaint.

55. Denies the allegations contained in the paragraph designated "55" of the

Complaint.

56. Denies the allegations contained in the paragraph designated "56" of the

Complaint.

JURY DEMAND

57. Without waiving any rights or objections, the Archdiocese acknowledges

plaintiff's jury demand contained within the complaint.

AFFIRMATIVE AND OTHER DEFENSES

58. In further response to Plaintiff's Complaint, the Archdiocese hereby asserts the

following affirmative and other defenses, without conceding that it bears the burden of

persuasion as to any of them except those deemed affirmative defenses by law, regardless of how

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such defenses are denominated herein. Nor does the Archdiocese admit that Plaintiff is relieved

of their burden to prove each and every element of their claims and the damages, if any, to which

they claimed to be entitled. As for its defenses, the Archdiocese reasserts and reincorporates as

if fully set forth herein its responses, above, to the Complaint.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

59. In the event that a settlement occurs, all of the provisions of General Obligations

Law 15-108 are applicable.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

60. The Archdiocese pleads and reserves the right to claim the limitations of liability

pursuant to Article 16 of the CPLR for any recovery herein by Plaintiff for any non-economic

loss.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

61. Upon information and belief, some or all of Plaintiffs damages are barred and/or

subject to CPLR 4545.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

62. The Archdiocese is entitled to a reduction in damages for any amount Plaintiff has

received as collateral source payment as defined and applied by the Civil Practice Law and

Rules.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

63. The Complaint herein, and each cause of action thereof, fails to set forth facts

sufficient to state a claim upon which relief may be granted against the Archdiocese and further

fails to state facts sufficient to entitle Plaintiff to the relief sought or to any other relief

whatsoever from the Archdiocese.

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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

64. The Complaint herein, and each cause of action thereof, fails to set forth facts

sufficiently detailed 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 action or defense." See CPLR 3013.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

65. Upon information and belief, the occurrence alleged in the Complaint herein, if

proven true, was unfortunate, unforeseeable, and could not have been prevented by the

Archdiocese.

AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE

66. The servants, agents and/or employees of the Archdiocese did not take part in or

direct the acts complained of.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

67. If the Plaintiff was abused in the manner alleged, such abuse was not caused or

due to the acts or omissions of the Archdiocese, its agents, servants and/or employees.

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

68. It is alleged in the Complaint that the damages sustained by the Plaintiff were the

result of the acts of the Defendants. The Archdiocese denies such acts occurred but in the event

it is determined that such acts did occur and were undertaken by an employee of the

Archdiocese, then the Archdiocese alleges that such acts were outside the scope of the authority

and employment of the Archdiocese and performed for a purpose foreign to any employment

with the Archdiocese, and were not ratified or consented to by the Archdiocese.

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AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE

69. It is alleged in the Complaint that the damages sustained by the Plaintiff were the

result of the acts of the Defendants. The Archdiocese denies such acts occurred but in the event

it is determined that such acts did occur and were undertaken by an employee of the

Archdiocese, then the Archdiocese alleges that it did not have any notice or awareness of any

propensity on the part of any employee to commit such acts as alleged in the Complaint.

AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE

70. The Complaint, to the extent that it seeks exemplary or punitive damages, violates

the Archdiocese's right to procedural due process under the Fourteenth Amendment of the

United States Constitution and the Constitution of the State ofNew York, and therefore fails to

state a cause of action upon which either punitive or exemplary damages can be awarded.

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

71. The Complaint, to the extent that it seeks punitive or exemplary damages, violates

the Archdiocese's right to protection from "excessive fines" as provided in the Eighth

Amendment of the United States Constitution and the Constitution of the State ofNew York and

violates the Archdiocese's right to substantive due process as provided in the Fifth and

Fourteenth Amendments of the United States Constitution of the State ofNew York, and

therefore fails to state a cause of action supporting the punitive or exemplary damages claimed.

AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

72. The Archdiocese is informed and believes and, on that basis, alleges that the

Complaint, and each cause of action therein, is barred by reason of Article VI of the United

States Constitution.

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AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

73. In the event that a court determines that the passage and enactment of CPLR §

214-g violates the Due Process rights of the Archdiocese pursuant to the Fourteenth Amendment

of the United States Constitution and Article 1, § 6 of the New York State Constitution and/or

freedom of religion protections pursuant to the First Amendment of the United States

Constitution, the Archdiocese will seek dismissal of this action.

AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE

74. The Archdiocese's adoption of and compliance with the religious and canonical

customs, norms, and usages of the Roman Catholic Church and its compliance with and its

determinations made under Canon Law are protected by the First Amendment of the United

States Constitution and Article 1, §§ 3 and 11 of the New York State Constitution.

AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE

75. In the event the Archdiocese is liable, and Plaintiff has provable damages,

Plaintiff failed to mitigate such damages when Plaintiff had an opportunity to do so.

AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE

76. The Archdiocese reserves the right to amend and supplement its affirmative and

other defenses to include additional defenses at such time and to such extent as warranted by

discovery and the factual developments in this case.

WHEREFORE, Defendant Archdiocese demands judgment dismissing plaintiffs

Complaint against it with the costs and disbursements of this action and further relief as this

Court may deem just and proper.

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ATTORNEY'S CERTIFICATION

The undersigned hereby certifies that, to the best of the undersigned's knowledge,
information and belief, formed after a reasonable inquiry under the circumstances, the
presentation of the within Answer or the contentions contained herein is/are not frivolous as
defined in 22 NYCRR § 130-1.l(c).

Dated: White Plains, New York
August 31, 2020

LI P. HARRINGTON
OHN J. LOVELESS
Co!, ounsel for Defendant, The Roman Catholic
Archdiocese of New York
ONE NORTH LEXINGTON AVENUE
WHITE PLAINS, NY 10601
Phone: (914) 949-2700
Email: wpharrington@bpslaw.com
Email: jloveless(a),bpslaw.com

LEAHEY & JOHNSON, P.C.
JOANNE FILIBERTI and
PETER JAMES JOHNSON, JR.
Co-Counsel for Defendant, The Roman Catholic
Archdiocese of New York
120 WALL STREET, SUITE 2220
NEW YORK, NY 10005
Phone: (212) 269-7308
Email: jfilibe1ii@leaheyandjohnson.com

TO: Jeffrey R. Anderson, Esq.
Trusha Goffe, Esq.
Nahid A. Shaikh, Esq.
JEFF ANDERSON & ASSOCIATES, P.A.
Attorneys for Plaintiff
55 West 39 th Street, 11 th Floor
New York, NY 10018
Phone: (646) 739-2551
Email: jeff(a),andersonadvocates.com
Email: trusha(a),andersonad vocates. com
Email: nahid@andersonadvocates.com

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Case Info

Judge

George J. Silver Track Judge’s New Case

Case No.

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Document Filed Date

August 31, 2020

Case Filing Date

June 10, 2020

County

Parties

ANDERSON, JEFFREY ROBERT Attorney for the Plaintiff
ARCHDIOCESE OF NEW YORK Defendant
Ark204 Doe Plaintiff
DOES 1-5 whose identities are unknown to Plaintiff Defendant
FILIBERTI, JOANNE Attorney for the Defendant
GOFFE, TRUSHA PATEL Attorney for the Plaintiff
LOVELESS, JOHN J A M Attorney for the Defendant
ROSS, KENNETH SCOTT Attorney for the Defendant
SANTA MARIA Defendant
SHAIKH, NAHID AFTAB Attorney for the Plaintiff

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