Preview
FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ARK175 DOE, Index No. 950173/2020
Plaintiff, ANSWER
-against-
ARCHDIOCESE OF NEW YORK; SACRED HEART
OF JESUS; and DOES 1-5 whose identities are unknown
to Plaintiffs,
Defendants.
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Defendant SACRED HEART OF JESUS (“answering defendant”), for its answer to the
complaint herein, alleges the following upon information and belief:
1. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “1” of the verified complaint.
2. Paragraph “2” of the complaint does not require an admission or denial.
3. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “3” of the complaint.
4. The allegations contained in paragraph “4” of the complaint contain statements
that do not require an admission or denial. However, to the extent a response is required,
answering defendant denies knowledge or information sufficient to form a belief as to the
statements contained in paragraph “4” of the complaint.
5. The allegations contained in paragraph “5” of the complaint contain statements
that do not require an admission or denial and the balance of the statements in paragraph “5” are
directed to other defendants and, therefore, no response is required and none is made. However,
to the extent a response is required, answering defendant Denies knowledge or information
sufficient to form a belief as to the statements contained in paragraph “5” of the complaint.
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6. Upon information and belief, the Archdiocese is incorporated pursuant to the New
York State Religious Corporations Law and the balance of the averments in this paragraph are
directed to other defendants and, therefore, no response is required and none is made. To the
extent a response is required, answering defendant denies knowledge or information sufficient to
form a belief as to the remaining allegations contained in paragraph “6” of the complaint.
7. The allegations contained in paragraph “7” of the complaint contain statements
that do not require an admission or denial and the balance of the statements in this paragraph are
directed to other defendants and, therefore, no response is required and none is made. However,
o the extent a response is required, upon information and belief, the Archdiocese is incorporated
pursuant to the New York State Religious Corporations Law; but answering defendant Denies
knowledge or information sufficient to form a belief as to the statements contained in paragraph
“7” of the complaint.
8. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in paragraph “8” of the complaint.
9. Answering defendant is a religious corporation located at 15 Shea Place, New
Rochelle, New York 10801. Answering defendant denies the remaining allegations contained in
paragraph “9” of the complaint and respectfully refers all questions of law to the Court.
10. Answering defendant is within the geographical and ecclesiastical boundaries of
the Archdiocese, but denies the remaining allegations set forth in paragraph “10” of the
complaint, and respectfully refers all questions of law to the Court.
11. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “11” of the complaint.
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JURISDICTION
12. Denies each and every allegation set forth in paragraph “12” of the complaint, and
respectfully refers all questions of law to the Court.
13. Denies each and every allegation set forth in paragraph “13” of the complaint, and
respectfully refers all questions of law to the Court.
FACTUAL ALLEGATIONS
14. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “14” of the complaint, and respectfully refers all questions of
law to the Court.
15. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “15” of the complaint.
16. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “16” of the complaint.
17. The allegations contained in paragraph “17” of the complaint contain factual and
legal conclusions that do not require an admission or denial. To the extent a response is
required, answering defendant denies the allegations contained in paragraph “17” of the
complaint, and respectfully refers all questions of law to the Court. The balance of the averments
in paragraph “17” are directed to other defendants and, therefore, no response is required and
none is made. To the extent paragraph “17” contains allegations directed at other defendants,
answering defendant denies knowledge or information sufficient to form a belief as to the truth
of those allegations.
18. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “18” of the complaint.
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19. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “19” of the complaint.
20. Denies each and every allegation contained in paragraph “20” of the complaint.
RESPONSE COUNT I: NEGLIGENCE
21. In response to paragraph “21” of the complaint, answering defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “20” of the complaint
as if fully set forth herein.
22. The allegations contained in paragraph “22” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “22” of the complaint. The
balance of the averments in paragraph “22” are directed to other defendants and, therefore, no
response is required and none is made.
23. The allegations contained in paragraph “23” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “23” of the complaint. The
balance of the averments in paragraph “23” are directed to other defendants and, therefore, no
response is required and none is made.
24. The allegations contained in paragraph “24” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “24” of the complaint. The
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balance of the averments in paragraph “24” are directed to other defendants and, therefore, no
response is required and none is made.
25. The allegations contained in paragraph “25” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “25” of the complaint. The
balance of the averments in paragraph “25” are directed to other defendants and, therefore, no
response is required and none is made.
26. The allegations contained in paragraph “26” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “26” of the complaint. The
balance of the averments in paragraph “26” are directed to other defendants and, therefore, no
response is required and none is made.
27. The allegations contained in paragraph “27” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “27” of the complaint. The
balance of the averments in paragraph “27” are directed to other defendants and, therefore, no
response is required and none is made.
28. The allegations contained in paragraph “28” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
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law, and denies the remaining allegations contained in paragraph “28” of the complaint. The
balance of the averments in paragraph “28” are directed to other defendants and, therefore, no
response is required and none is made.
29. The allegations contained in paragraph “29” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “29” of the complaint. The
balance of the averments in paragraph “29” are directed to other defendants and, therefore, no
response is required and none is made.
30. The allegations contained in paragraph “30” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “30” of the complaint. The
balance of the averments in paragraph “30” are directed to other defendants and, therefore, no
response is required and none is made.
31. Denies each and every allegation asserted against answering defendant in
paragraph “31” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
32. Denies each and every allegation asserted against answering defendant in
paragraph “32” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
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33. Denies each and every allegation asserted against answering defendant in
paragraph “33” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
34. Denies each and every allegation asserted against answering defendant in
paragraph “34” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
35. Denies each and every allegation asserted against answering defendant in
paragraph “35” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
36. Denies each and every allegation asserted against answering defendant in
paragraph “36” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
37. Denies each and every allegation asserted against answering defendant in
paragraph “37” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
38. Denies each and every allegation asserted against answering defendant in
paragraph “38” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
39. Denies each and every allegation asserted against answering defendant in
paragraph “39” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
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40. Denies each and every allegation asserted against answering defendant in
paragraph “40” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
41. Denies each and every allegation asserted against answering defendant in
paragraph “41” of the complaint and denies knowledge or information sufficient to form a belief
as to the truth of the remaining allegations set forth in that paragraph.
42. Denies each and every allegation contained in paragraph “42” of the complaint.
RESPONSE TO COUNT II: NEGLIGENT TRAINING
AND SUPERVISION OF EMPLOYEES
43. In response to paragraph “43” of the complaint, answering defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “42” of the complaint
as if fully set forth herein.
44. Denies each and every allegation set forth in paragraph “44” of the complaint.
45. The allegations contained in paragraph “45” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “45” of the complaint. The
balance of the averments in paragraph “45” are directed to other defendants and, therefore, no
response is required and none is made.
46. The allegations contained in paragraph “46” of the complaint contain legal
conclusions that do not require an admission or denial. To the extent a response is required,
answering defendant states that it satisfied any duty of care it owed pursuant to New York State
law, and denies the remaining allegations contained in paragraph “46” of the complaint. The
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balance of the averments in paragraph “46” are directed to other defendants and, therefore, no
response is required and none is made.
47. Denies each and every allegation set forth in paragraph “47” of the complaint.
48. Denies each and every allegation set forth paragraph “48” of the complaint.
49. Denies each and every allegation set forth in paragraph “49” of the complaint.
50. Denies each and every allegation set forth in paragraph “50” of the complaint.
RESPONSE TO COUNT III: NEGLIGENT RETENTION AND HIRING
51. In response to paragraph “51” of the complaint, answering defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “50” of the complaint
as if fully set forth herein.
52. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph “52” of the complaint, and respectfully refers all questions of
law to the Court.
53. Denies each and every allegation set forth in paragraph “53” of the complaint.
54. Denies each and every allegations set forth in paragraph “54” of the complaint.
55. Denies each and every allegation set forth in paragraph “55” of the complaint.
56. Denies each and every allegations set forth in paragraph “56” of the complaint
AFFIRMATIVE AND OTHER DEFENSES
In further response to plaintiff’s complaint, answering defendant 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
such defenses are denominated herein. Nor does answering defendant admit that plaintiff is
relieved of the burden to prove each and every element of their claims and the damages, if any,
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to which it claim to be entitled. As for its defenses, answering defendant reasserts and
reincorporates as if fully set forth herein its responses, above, to the complaint.
FIRST AFFIRMATIVE DEFENSE
57. In the event that a settlement occurs, all of the provisions of General Obligations
Law 15-108 are applicable.
SECOND AFFIRMATIVE DEFENSE
58. Answering defendant 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.
THIRD AFFIRMATIVE DEFENSE
59. Upon information and belief, some or all of plaintiff’s damages are barred and/or
subject to CPLR 4545.
FOURTH AFFIRMATIVE DEFENSE
60. Answering defendant 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.
FIFTH AFFIRMATIVE DEFENSE
61. The verified 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 answering defendant
further fails to state facts sufficient to entitle plaintiff to the relief sought, or to any other relief
whatsoever from answering defendant.
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SIXTH AFFIRMATIVE DEFENSE
62. The verified 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” as required by CPLR §3013.
SEVENTH AFFIRMATIVE DEFENSE
63. Upon information and belief, the occurrence alleged in the verified complaint
herein, if proven true, was unfortunate, unforeseeable, and could not have been prevented by
answering defendant.
EIGHTH AFFIRMATIVE DEFENSE
64. The servants, agents and/or employees of answering defendant did not take part in
or direct the acts at issue in the verified complaint.
NINTH AFFIRMATIVE DEFENSE
65. If plaintiff was abused in the manner alleged, such abuse was not caused or due to
the acts or omissions of answering defendant, its agents, servants and/or employees.
TENTH AFFIRMATIVE DEFENSE
66. It is alleged in the verified complaint that the damages sustained by plaintiff were
the result of the acts of defendant. Answering defendant denies such acts occurred but in the
event it is determined that such acts did occur and were undertaken by an employee of answering
defendant, then answering defendant alleges that such acts were outside the scope of the
authority and employment with answering defendant and performed for a purpose foreign to any
employment with answering defendant and were not ratified or consented to by answering
defendant.
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ELEVENTH AFFIRMATIVE DEFENSE
67. It is alleged in the verified complaint that the damages sustained by plaintiff were
the result of the acts of the defendant. Answering defendant denies such acts occurred but in the
event it is determined that such acts did occur and were undertaken by an employee of answering
defendant, then answering defendant 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 verified complaint.
TWELFTH AFFIRMATIVE DEFENSE
68. The verified complaint, to the extent that it seeks exemplary or punitive damages,
violates answering defendant’s right to procedural due process under the Fourteenth Amendment
of the United States Constitution, and the Constitution of the State of New York, and therefore
fails to state a cause of action upon which either punitive or exemplary damages can be awarded.
THIRTEENTH AFFIRMATIVE DEFENSE
69. The verified complaint, to the extent that it seeks punitive or exemplary damages,
violates answering defendant’s right to protection from “excessive fines” as provided in the
Eighth Amendment of the United States Constitution and the Constitution of the State of New
York and violates answering defendant’s right to substantive due process as provided in the Fifth
and Fourteenth Amendments of the United States Constitution of the State of New York, and
therefore fails to state a cause of action supporting the punitive or exemplary damages claimed.
FOURTEENTH AFFIRMATIVE DEFENSE
70. Answering defendant is informed and believes and on that basis alleges that the
verified complaint, and each cause of action therein, is barred by reason of Article VI of the
United States Constitution.
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FIFTEENTH AFFIRMATIVE DEFENSE
71. In the event that a court determines that the passage and enactment of CPLR
§214-g violates answering defendant’s Due Process rights, 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, answering defendant will seek dismissal of this action.
SIXTEENTH AFFIRMATIVE DEFENSE
72. Answering defendant 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.
SEVENTEENTH AFFIRMATIVE DEFENSE
73. In the event answering defendant is liable, and plaintiff has provable damages,
plaintiff failed to mitigate such damages when plaintiff had an opportunity to do so.
EIGHTEENTH AFFIRMATIVE DEFENSE
74. Answering defendant 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.
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WHEREFORE, answering defendant demands judgment dismissing plaintiff’s
complaint, together with the costs, expenses, disbursements and attorneys’ fees of this action and
for such other and further relief as this Court deems just and proper.
Dated: Hawthorne, New York
September 28, 2020
TRAUB LIEBERMAN STRAUS
& SHREWSBERRY LLP
Attorneys for Defendant Sacred Heart of Jesus
By: Jonathan R. Harwood
Jonathan R. Harwood
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
TO: JEFF ANDERSON
& ASSOCIATES, P.A.
Attorneys for Plaintiff
52 Duane Street, 7th Floor
New York, New York 10007
(646) 759-2551
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Preview
FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X ARK175 DOE, Index No. 950173/2020 Plaintiff, ANSWER -against- ARCHDIOCESE OF NEW YORK; SACRED HEART OF JESUS; and DOES 1-5 whose identities are unknown to Plaintiffs, Defendants. ------------------------------------------------------------------X Defendant SACRED HEART OF JESUS (“answering defendant”), for its answer to the complaint herein, alleges the following upon information and belief: 1. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “1” of the verified complaint. 2. Paragraph “2” of the complaint does not require an admission or denial. 3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “3” of the complaint. 4. The allegations contained in paragraph “4” of the complaint contain statements that do not require an admission or denial. However, to the extent a response is required, answering defendant denies knowledge or information sufficient to form a belief as to the statements contained in paragraph “4” of the complaint. 5. The allegations contained in paragraph “5” of the complaint contain statements that do not require an admission or denial and the balance of the statements in paragraph “5” are directed to other defendants and, therefore, no response is required and none is made. However, to the extent a response is required, answering defendant Denies knowledge or information sufficient to form a belief as to the statements contained in paragraph “5” of the complaint. 1 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 6. Upon information and belief, the Archdiocese is incorporated pursuant to the New York State Religious Corporations Law and the balance of the averments in this paragraph are directed to other defendants and, therefore, no response is required and none is made. To the extent a response is required, answering defendant denies knowledge or information sufficient to form a belief as to the remaining allegations contained in paragraph “6” of the complaint. 7. The allegations contained in paragraph “7” of the complaint contain statements that do not require an admission or denial and the balance of the statements in this paragraph are directed to other defendants and, therefore, no response is required and none is made. However, o the extent a response is required, upon information and belief, the Archdiocese is incorporated pursuant to the New York State Religious Corporations Law; but answering defendant Denies knowledge or information sufficient to form a belief as to the statements contained in paragraph “7” of the complaint. 8. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “8” of the complaint. 9. Answering defendant is a religious corporation located at 15 Shea Place, New Rochelle, New York 10801. Answering defendant denies the remaining allegations contained in paragraph “9” of the complaint and respectfully refers all questions of law to the Court. 10. Answering defendant is within the geographical and ecclesiastical boundaries of the Archdiocese, but denies the remaining allegations set forth in paragraph “10” of the complaint, and respectfully refers all questions of law to the Court. 11. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “11” of the complaint. -2- 2 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 JURISDICTION 12. Denies each and every allegation set forth in paragraph “12” of the complaint, and respectfully refers all questions of law to the Court. 13. Denies each and every allegation set forth in paragraph “13” of the complaint, and respectfully refers all questions of law to the Court. FACTUAL ALLEGATIONS 14. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “14” of the complaint, and respectfully refers all questions of law to the Court. 15. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “15” of the complaint. 16. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “16” of the complaint. 17. The allegations contained in paragraph “17” of the complaint contain factual and legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant denies the allegations contained in paragraph “17” of the complaint, and respectfully refers all questions of law to the Court. The balance of the averments in paragraph “17” are directed to other defendants and, therefore, no response is required and none is made. To the extent paragraph “17” contains allegations directed at other defendants, answering defendant denies knowledge or information sufficient to form a belief as to the truth of those allegations. 18. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “18” of the complaint. -3- 3 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 19. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “19” of the complaint. 20. Denies each and every allegation contained in paragraph “20” of the complaint. RESPONSE COUNT I: NEGLIGENCE 21. In response to paragraph “21” of the complaint, answering defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “20” of the complaint as if fully set forth herein. 22. The allegations contained in paragraph “22” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “22” of the complaint. The balance of the averments in paragraph “22” are directed to other defendants and, therefore, no response is required and none is made. 23. The allegations contained in paragraph “23” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “23” of the complaint. The balance of the averments in paragraph “23” are directed to other defendants and, therefore, no response is required and none is made. 24. The allegations contained in paragraph “24” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “24” of the complaint. The -4- 4 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 balance of the averments in paragraph “24” are directed to other defendants and, therefore, no response is required and none is made. 25. The allegations contained in paragraph “25” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “25” of the complaint. The balance of the averments in paragraph “25” are directed to other defendants and, therefore, no response is required and none is made. 26. The allegations contained in paragraph “26” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “26” of the complaint. The balance of the averments in paragraph “26” are directed to other defendants and, therefore, no response is required and none is made. 27. The allegations contained in paragraph “27” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “27” of the complaint. The balance of the averments in paragraph “27” are directed to other defendants and, therefore, no response is required and none is made. 28. The allegations contained in paragraph “28” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State -5- 5 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 law, and denies the remaining allegations contained in paragraph “28” of the complaint. The balance of the averments in paragraph “28” are directed to other defendants and, therefore, no response is required and none is made. 29. The allegations contained in paragraph “29” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “29” of the complaint. The balance of the averments in paragraph “29” are directed to other defendants and, therefore, no response is required and none is made. 30. The allegations contained in paragraph “30” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “30” of the complaint. The balance of the averments in paragraph “30” are directed to other defendants and, therefore, no response is required and none is made. 31. Denies each and every allegation asserted against answering defendant in paragraph “31” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 32. Denies each and every allegation asserted against answering defendant in paragraph “32” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. -6- 6 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 33. Denies each and every allegation asserted against answering defendant in paragraph “33” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 34. Denies each and every allegation asserted against answering defendant in paragraph “34” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 35. Denies each and every allegation asserted against answering defendant in paragraph “35” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 36. Denies each and every allegation asserted against answering defendant in paragraph “36” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 37. Denies each and every allegation asserted against answering defendant in paragraph “37” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 38. Denies each and every allegation asserted against answering defendant in paragraph “38” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 39. Denies each and every allegation asserted against answering defendant in paragraph “39” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. -7- 7 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 40. Denies each and every allegation asserted against answering defendant in paragraph “40” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 41. Denies each and every allegation asserted against answering defendant in paragraph “41” of the complaint and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in that paragraph. 42. Denies each and every allegation contained in paragraph “42” of the complaint. RESPONSE TO COUNT II: NEGLIGENT TRAINING AND SUPERVISION OF EMPLOYEES 43. In response to paragraph “43” of the complaint, answering defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “42” of the complaint as if fully set forth herein. 44. Denies each and every allegation set forth in paragraph “44” of the complaint. 45. The allegations contained in paragraph “45” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “45” of the complaint. The balance of the averments in paragraph “45” are directed to other defendants and, therefore, no response is required and none is made. 46. The allegations contained in paragraph “46” of the complaint contain legal conclusions that do not require an admission or denial. To the extent a response is required, answering defendant states that it satisfied any duty of care it owed pursuant to New York State law, and denies the remaining allegations contained in paragraph “46” of the complaint. The -8- 8 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 balance of the averments in paragraph “46” are directed to other defendants and, therefore, no response is required and none is made. 47. Denies each and every allegation set forth in paragraph “47” of the complaint. 48. Denies each and every allegation set forth paragraph “48” of the complaint. 49. Denies each and every allegation set forth in paragraph “49” of the complaint. 50. Denies each and every allegation set forth in paragraph “50” of the complaint. RESPONSE TO COUNT III: NEGLIGENT RETENTION AND HIRING 51. In response to paragraph “51” of the complaint, answering defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “50” of the complaint as if fully set forth herein. 52. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “52” of the complaint, and respectfully refers all questions of law to the Court. 53. Denies each and every allegation set forth in paragraph “53” of the complaint. 54. Denies each and every allegations set forth in paragraph “54” of the complaint. 55. Denies each and every allegation set forth in paragraph “55” of the complaint. 56. Denies each and every allegations set forth in paragraph “56” of the complaint AFFIRMATIVE AND OTHER DEFENSES In further response to plaintiff’s complaint, answering defendant 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 such defenses are denominated herein. Nor does answering defendant admit that plaintiff is relieved of the burden to prove each and every element of their claims and the damages, if any, -9- 9 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 to which it claim to be entitled. As for its defenses, answering defendant reasserts and reincorporates as if fully set forth herein its responses, above, to the complaint. FIRST AFFIRMATIVE DEFENSE 57. In the event that a settlement occurs, all of the provisions of General Obligations Law 15-108 are applicable. SECOND AFFIRMATIVE DEFENSE 58. Answering defendant 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. THIRD AFFIRMATIVE DEFENSE 59. Upon information and belief, some or all of plaintiff’s damages are barred and/or subject to CPLR 4545. FOURTH AFFIRMATIVE DEFENSE 60. Answering defendant 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. FIFTH AFFIRMATIVE DEFENSE 61. The verified 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 answering defendant further fails to state facts sufficient to entitle plaintiff to the relief sought, or to any other relief whatsoever from answering defendant. -10- 10 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 SIXTH AFFIRMATIVE DEFENSE 62. The verified 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” as required by CPLR §3013. SEVENTH AFFIRMATIVE DEFENSE 63. Upon information and belief, the occurrence alleged in the verified complaint herein, if proven true, was unfortunate, unforeseeable, and could not have been prevented by answering defendant. EIGHTH AFFIRMATIVE DEFENSE 64. The servants, agents and/or employees of answering defendant did not take part in or direct the acts at issue in the verified complaint. NINTH AFFIRMATIVE DEFENSE 65. If plaintiff was abused in the manner alleged, such abuse was not caused or due to the acts or omissions of answering defendant, its agents, servants and/or employees. TENTH AFFIRMATIVE DEFENSE 66. It is alleged in the verified complaint that the damages sustained by plaintiff were the result of the acts of defendant. Answering defendant denies such acts occurred but in the event it is determined that such acts did occur and were undertaken by an employee of answering defendant, then answering defendant alleges that such acts were outside the scope of the authority and employment with answering defendant and performed for a purpose foreign to any employment with answering defendant and were not ratified or consented to by answering defendant. -11- 11 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 ELEVENTH AFFIRMATIVE DEFENSE 67. It is alleged in the verified complaint that the damages sustained by plaintiff were the result of the acts of the defendant. Answering defendant denies such acts occurred but in the event it is determined that such acts did occur and were undertaken by an employee of answering defendant, then answering defendant 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 verified complaint. TWELFTH AFFIRMATIVE DEFENSE 68. The verified complaint, to the extent that it seeks exemplary or punitive damages, violates answering defendant’s right to procedural due process under the Fourteenth Amendment of the United States Constitution, and the Constitution of the State of New York, and therefore fails to state a cause of action upon which either punitive or exemplary damages can be awarded. THIRTEENTH AFFIRMATIVE DEFENSE 69. The verified complaint, to the extent that it seeks punitive or exemplary damages, violates answering defendant’s right to protection from “excessive fines” as provided in the Eighth Amendment of the United States Constitution and the Constitution of the State of New York and violates answering defendant’s right to substantive due process as provided in the Fifth and Fourteenth Amendments of the United States Constitution of the State of New York, and therefore fails to state a cause of action supporting the punitive or exemplary damages claimed. FOURTEENTH AFFIRMATIVE DEFENSE 70. Answering defendant is informed and believes and on that basis alleges that the verified complaint, and each cause of action therein, is barred by reason of Article VI of the United States Constitution. -12- 12 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 FIFTEENTH AFFIRMATIVE DEFENSE 71. In the event that a court determines that the passage and enactment of CPLR §214-g violates answering defendant’s Due Process rights, 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, answering defendant will seek dismissal of this action. SIXTEENTH AFFIRMATIVE DEFENSE 72. Answering defendant 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. SEVENTEENTH AFFIRMATIVE DEFENSE 73. In the event answering defendant is liable, and plaintiff has provable damages, plaintiff failed to mitigate such damages when plaintiff had an opportunity to do so. EIGHTEENTH AFFIRMATIVE DEFENSE 74. Answering defendant 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. -13- 13 of 14 FILED: NEW YORK COUNTY CLERK 09/28/2020 12:20 PM INDEX NO. 950173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2020 WHEREFORE, answering defendant demands judgment dismissing plaintiff’s complaint, together with the costs, expenses, disbursements and attorneys’ fees of this action and for such other and further relief as this Court deems just and proper. Dated: Hawthorne, New York September 28, 2020 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant Sacred Heart of Jesus By: Jonathan R. Harwood Jonathan R. Harwood Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 TO: JEFF ANDERSON & ASSOCIATES, P.A. Attorneys for Plaintiff 52 Duane Street, 7th Floor New York, New York 10007 (646) 759-2551 -14- 14 of 14