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FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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DOE J.C.,
Plaintiff,
COMPLAINT
-against-
ARCHDIOCESE OF NEW YORK, OUR LADY OF MOUNT Index No. ___________
CARMEL CHURCH and OUR LADY OF MOUNT CARMEL
SCHOOL,
Defendants.
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TO THE SUPREME COURT OF THE STATE OF NEW YORK:
Plaintiff, DOE J.C., by and through undersigned counsel, respectfully shows to this Court
and alleges as follows:
INTRODUCTION
This is a revival action brought pursuant to the New York Child Victims Act, CPLR § 214-
g. The Plaintiff, when he was a minor, was repeatedly sexually assaulted by Rudy Tremaroli, a
coach, facilities manager, community center manager, and serial pedophile employed by the
Archdiocese of New York and Our Lady of Mount Carmel in the Bronx, New York. Rudy
Tremaroli began sexually assaulting and abusing children in the Bronx’s Arthur Avenue Little
Italy neighborhood as early as the mid-1960s. Rudy Tremaroli used his role within the
Archdiocese of New York and Our Lady of Mount Carmel to gain access to the community’s most
vulnerable citizens. Rudy Tremaroli groomed these young men, became incredibly close to them,
gained their trust and subsequently performed vile and heinous acts of sexual abuse. His sexual
assaults of these children ranged from forcible kissing and touching of children’s genitals to
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forcing children to perform oral sex and sodomy with a cigar holder. Rudy Tremaroli also forced
his victims to pose nude and created a substantial child pornography collection that, upon
information and belief, was removed from Rudy Tremaroli’s apartment following his death by the
administration of Our Lady of Mount Carmel School. Despite their knowledge of the ongoing
sexual assaults and abuse of children by Rudy Tremaroli, the Archdiocese of New York and Our
Lady of Mount Carmel did nothing to protect the youngest members of their community and
permitted Rudy Tremaroli to maintain his access to a generation of children. Rudy Tremaroli’s
reign of terror ended when he died, but the trauma and pain he caused his victims continues to live
on. Rudy Tremaroli, once a beloved member of the community, was one the most prolific
pedophiles in the history of the Archdiocese of New York.
PARTIES, JURISDICTION AND VENUE
1. Plaintiff, DOE J.C., is a citizen and resident of the State of New York. Plaintiff
brings this Complaint anonymously because of the sensitive nature of the allegations of child
sexual abuse in the Complaint, which is a matter of the utmost intimacy. Plaintiff fears
embarrassment and further psychological damage if his identity as a victim of child sexual abuse
were to become publicly known.
2. Defendant, Archdiocese of New York is a religious institution and organization
with principal offices located at 1011 First Ave., New York, NY 10022. The Archdiocese of New
York controls all Catholic religious, pastoral and educational functions in the boroughs of
Manhattan, the Bronx and Staten Island, and in other counties in the greater New York
metropolitan area. The Archdiocese operates and controls approximately 370 parishes, 274 schools
and 90 Catholic charities. The Archdiocese is a citizen and resident of the State of New York.
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3. Defendant, Our Lady of Mount Carmel Church, is a Catholic parish and church
located in the Bronx, New York. Our Lady of Mount Carmel Church operates the Our Lady of
Mount Carmel School, a Catholic school located at 2465 Bathgate Avenue, Bronx, New York
10458 (hereinafter, Our Lady of Mount Carmel Church and Our Lady of Mount Carmel School
shall collectively be referred to as “Our Lady of Mount Carmel”). At all times relevant and
material hereto, Our Lady of Mount Carmel was owned, operated and controlled by the
Archdiocese of New York.
4. At all times relevant and material hereto, Rudy Tremaroli (hereinafter referred to
as “Tremaroli”) was an employee and/or agent of the Archdiocese of New York and Our Lady of
Mount Carmel School. At all times relevant and material hereto, Tremaroli was under the
supervision and control of the Archdiocese of New York and Our Lady of Mount Carmel.
5. This Court has subject matter jurisdiction of this action pursuant to Article VI of
the New York Constitution.
6. Personal jurisdiction lies over Defendants as they are present and domiciled in the
State of New York.
7. Venue of this action lies in Bronx County because a substantial part of the events
or omissions giving rise to the claim occurred in Bronx or one of the Defendants resides in Bronx
County.
RUDY TREMAROLI’S REIGN OF TERROR AT OUR LADY OF MOUNT CARMEL
8. Upon information and belief, Tremaroli was hired by the Defendants in the early to
mid-1960s to operate a Catholic community center formerly known as “Ciati Hall” [now known
as “Our Lady of Mount Carmel Center”] (hereinafter referred to as the “community center”)
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located at 2380 Belmont Avenue, Bronx, New York 10458. The community center was owned,
operated, maintained, staffed and/or controlled by the Defendants.
9. Upon information and belief, Tremaroli contemporaneously worked for the
Defendants at Our Lady of Mount Carmel Church and Our Lady of Mount Carmel School.
10. Through his employment by the Defendants at the community center and Our Lady
of Mount Carmel, Tremaroli gained access to hundreds of local children by hosting a youth
program, movie nights and a summer camp.
11. Tremaroli used these events as opportunity to befriend and groom young boys
under the guise of providing legitimate services to the most vulnerable members of the community.
12. In an effort to become close to the boys at the community center, Tremaroli would
ask the boys whether they liked girls and whether they had kissed girls. Tremaroli would then tell
the boys that he would teach them how to act around girls, how to kiss, and how to masturbate.
13. Upon information and belief, Tremaroli sexually assaulted and abused hundreds of
boys while working at the community center and summer camp owned, operated, maintained
and/or controlled by the Defendants.
14. Upon information and belief, in the mid-1970s, the Defendants removed Tremaroli
from the community center and reassigned him exclusively to Our Lady of Mount Carmel School.
At this time, Tremaroli served as the facilities manager and basketball coach. He was given a
private office located in Our Lady of Mount Carmel School gym.
15. Tremaroli continued to sexually assault and abuse young male students and
members of the community while serving in his new capacity at Our Lady of Mount Carmel
School.
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16. Tremaroli’s modus operandi remained the same: he would befriend and groom
students, members of the basketball team and young boys who would use the school’s facilities
before and after school and on the weekends, talk to them about their interest in girls, isolate the
boys from their peers, and sexually assault and abuse them.
17. Tremaroli’s heinous and vile acts of sexual assault and abuse ranged from forcible
kissing and touching of children’s genitals to forcing children to perform oral sex and sodomy.
18. Furthermore, upon information and belief, Tremaroli assisted in exposing his
victims to another well-known pedophile. Tremaroli sexually assaulted one of his victims at Our
Lady of Mount Carmel during an assembly honoring or otherwise involving alleged pedophile
Reverend Bruce Ritter, a Catholic priest and founder of Covenant House who allegedly used
charitable funds to support his sexual abuse of minors.
19. In approximately 1972, one of Tremaroli’s victims notified the Defendants of the
ongoing sexual abuse. Despite notice of Tremaroli’s sexual assaults of the neighborhood’s
defenseless children, the Defendants permitted him to remain an employee and gave him
unfettered access to his victims.
20. In the middle to late 1980s, in an effort to convince a victim that his repeated sexual
assaults were appropriate, Tremaroli bragged that he had seen the penises of most of the male
students at Our Lady of Mount Carmel School for the past thirty (30) years.
21. Tremaroli continued working for the Defendants at Our Lady of Mount Carmel
School until his death.
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RUDY TREMAROLI’S SEXUAL ASSAULTS OF PLAINTIFF
22. Plaintiff was raised in a devout Catholic family. Plaintiff and his family were
members of Our Lady of Mount Carmel Church and would attend Mass and other events hosted
by Our Lady of Mount Carmel Church. Plaintiff attended Our Lady of Mount Carmel School from
approximately third grade through eighth grade.
23. Rudy Tremaroli sexually assaulted Plaintiff on multiple occasions in approximately
1978, when Plaintiff was approximately ten (10) years old.
24. The acts of sexual assault and abuse of Plaintiff committed by Tremaroli included,
but were not limited to, the fondling of Plaintiff’s genitalia, and the forced masturbation of
Tremaroli.
25. The acts of sexual assault of Plaintiff committed by Tremaroli occurred on the
premises of Our Lady of Mount Carmel School.
NOTICE – FORESEEABILITY
26. Upon information and belief, Tremaroli was at all relevant times a serial sexual
predator who sexually abused hundreds of boys during his employment by the Defendants at the
community center and Our Lady of Mount Carmel.
27. In approximately 1972, the Defendants were made aware of Tremaroli’s sexual
abuse and assaults of children when one of Tremaroli’s victims reported the acts to Emilia Longo,
a secretary at the community center owned, operated, maintained, staffed and/or controlled by the
Defendants.
28. Additionally, in approximately 1975, another Plaintiff in a separate related action,
(Index No. 950065/2020; hereby known as “John Doe XIII”), was sexually abused by Tremaroli.
John Doe XIII’s mother noticed that John Doe XIII was acting unusually since he started spending
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time with Rudy Tremaroli. In particular, John Doe XIII’s mother walked into the restroom and
observed her son inserting an object into his rectum while in the shower.
29. Following this observation, John Doe XIII’s mother met with Our Lady of Mount
Carmel Monsignor Louis Martorella so that she could report her concerns about her son and
Tremaroli. During this meeting, John Doe XIII’s mother informed Msgr. Martorella of John Doe
XIII’s change since he started spending time with Tremaroli and reported her observation of John
Doe XIII inserting the object in his rectum. John Doe XIII’s mother informed Msgr. Martorella
that she was concerned and believed these behaviors were being caused by Tremaroli.
30. During this meeting Msgr. Martorella informed John Doe XIII’s mother that
another boy had accused Tremaroli of touching him. Msgr. Martorella informed John Doe XIII’s
mother that the children were making up lies and could not be believed.
31. Upon information and belief, the administration, principal and pastor of Our Lady
of Mount Carmel School knew or should have known that Tremaroli was sexually assaulting boys
on the premises of the community center and Our Lady of Mount Carmel School and Church.
32. In approximately 1977, another Plaintiff in a separate related action, (Index No.
70027/2021E; hereby known as “JOHN DOE 40”) disclosed to his father that Tremaroli touched
him inappropriately while he was putting on his jockstrap. The father of JOHN DOE 40
subsequently went to the school and reported his son’s disclosures to Our Lady of Mount Carmel
employee Brother Christopher and school principal Sister Aurelia. The father reported to Brother
Christopher and Sister Aurelia that Tremaroli touched his son inappropriately and expressed his
concern to the two staff members. Despite this report, no action was taken by Defendant to further
prevent sexual abuse by Tremaroli.
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33. In approximately 1977, another student from Our Lady of Mount Carmel School
reported to Brother Gilbert, a teacher at Our Lady of Mount Carmel School, that student was being
sexually abused by Tremaroli. Brother Gilbert went to that student’s house and let his father know.
The student’s mother then reported the sexual abuse to Sister Aurelia. No measures were taken by
Defendant to protect the students and prevent sexual abuse by Tremaroli.
34. In the early 1980’s, another Plaintiff in a separate related action, (Index No.
70126/2020E; hereby known as “DOE G.G.”) was ordered by school Principal Sister Aurelia to
perform his schoolwork in a janitor’s closet as a form of punishment. On multiple occasions,
Tremaroli entered the closet and sexually abused the child. After this happened several times, the
student reported the sexual abuse to Sister Aurelia. Sister Aurelia dismissed the child’s allegations
and did not investigate his claims nor take any action to prevent further abuse by Tremaroli.
35. Upon information and belief, the principal of Our Lady of Mount Carmel School,
James Irwin, received nude photographs of Tremaroli’s victims. James Irwin was arrested in 2000
for possession of child pornography.
36. Upon information and belief, Our Lady of Mount Carmel School Monsignor John
Ruvo and other employees and/or agents of the Defendants removed and destroyed nude
photographs of Tremaroli’s victims from his home.
37. At all relevant times, the Defendants knew or in the exercise of reasonable care
should have known that Tremaroli had a propensity for the conduct which caused injury to
Plaintiff, particularly that he had a propensity to engage in the sexual abuse of children.
38. At all relevant times, it was reasonably foreseeable to the Defendants that Tremaroli
would commit acts of child sexual abuse or assault on a child.
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39. At all relevant times, the Defendants knew or should have known that Tremaroli
was unfit, dangerous, and a threat to the health, safety and welfare of the minors entrusted to his
counsel, care and/or protection.
40. With such actual or constructive knowledge, the Defendants provided Tremaroli
unfettered access to Plaintiff and gave him the opportunity to commit foreseeable acts of child
sexual abuse or assault.
DUTY
41. At all material times the Archdiocese, as principal, and Our Lady of Mount Carmel,
as agent, were in an agency relationship, such that Our Lady of Mount Carmel acted on the
Archdiocese’s behalf, in accordance with the Archdiocese’s instructions and directions on all
matters, including those relating to the hiring of personnel, operating a Catholic church and high
school, operating a Catholic community center and operating a Catholic summer camp. The acts
and omissions of Our Lady of Mount Carmel were subject to the Archdiocese’s plenary control,
and Our Lady of Mount Carmel consented to act subject to the Archdiocese’s control.
42. At all material times, the Archdiocese and Plaintiff were in a special relationship
of church-parishioner, in which the Archdiocese owed Plaintiff a duty of reasonable care to prevent
foreseeable harm.
43. At all material times, the Archdiocese and Tremaroli were in a special relationship
of employer – employee, in which the Archdiocese owed a duty to control the acts and conduct of
Tremaroli to prevent foreseeable harm.
44. The Archdiocese owed a duty to Plaintiff to use reasonable care to protect the
safety, care, well-being and health of Plaintiff while he was under the care, custody or in the
presence of the Archdiocese. The Archdiocese’s duties encompassed using reasonable care in the
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retention, supervision and hiring of Tremaroli and the duty to otherwise provide a safe environment
for Plaintiff.
45. The Archdiocese had a duty to exercise reasonable care in the training of teachers,
staff and other employees and agents in the prevention of sexual abuse and protection of the safety
of students in its care.
46. The Archdiocese had a duty to establish and implement policies and procedures in
the exercise of reasonable care for the prevention of sexual abuse and protection of the safety of
the students in its care.
47. At all material times, Our Lady of Mount Carmel and Plaintiff were in a special
relationship of church-parishioner and school-student, in which Our Lady of Mount Carmel owed
Plaintiff a duty of reasonable care to protect him from foreseeable harm.
48. At all material times, Our Lady of Mount Carmel and Tremaroli were in a special
relationship of employer-employee, in which Our Lady of Mount Carmel owed a duty to control
the acts and conduct of Tremaroli to prevent foreseeable harm.
49. Our Lady of Mount Carmel owed a duty to Plaintiff to use reasonable care to protect
the safety, care, well-being and health of Plaintiff while he was under the care, custody or in the
presence of Our Lady of Mount Carmel. Our Lady of Mount Carmel’s duties encompassed using
reasonable care in the retention, supervision and hiring of Tremaroli and the duty to otherwise
provide a safe environment for Plaintiff.
50. Our Lady of Mount Carmel had a duty to exercise reasonable care in the training
of teachers and staff in the prevention of sexual abuse and protection of the safety of students in
its care.
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51. Our Lady of Mount Carmel had a duty to establish and implement policies and
procedures in the exercise of reasonable care for the prevention of sexual abuse and protection of
the safety of the students in its care.
BREACH
52. Defendants breached their duties by (i) failing to protect Plaintiff from sexual
assault and lewd and lascivious acts committed by their agent and employee; (ii) failing to establish
policies and procedures that were adequate to protect the health, safety and welfare of students and
protect them from sexual abuse; (iii) failing to implement and enforce policies and procedures that
were adequate to protect the health, safety and welfare of students and protect them from sexual
abuse; (iv) hiring, retaining and/or failing to supervise Tremaroli when they knew or should have
known that he posed a substantial risk of harm to children; and (v) failing to adequately monitor
and supervise students on the premises of Our Lady of Mount Carmel and the community center.
53. At all relevant times, Defendants had inadequate policies and procedures to protect
children it was entrusted to care for and protect, including Plaintiff.
54. Defendants concealed their knowledge that Tremaroli was unsafe and failed to
adopt policies and procedures that would protect children and reduce the risk of child sexual abuse
by their employees.
55. Defendants failed to warn Plaintiff and similarly situated individuals that they were
at risk of sexual abuse.
NATURE OF CONDUCT ALLEGED
56. This action alleges physical, psychological and emotional injuries suffered as a
result of conduct which would constitute a sexual offense on a minor as defined in Article 130 of
the New York Penal Law, including without limitation, conduct constituting rape (consisting of
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sexual intercourse) (N.Y. Penal Law §§ 130.25 – 130.35); criminal sexual act (consisting of oral
or anal sexual conduct) (N.Y. Penal Law §§ 130.40 – 130.53); and/or sexual abuse (consisting of
sexual contact) (N.Y. Penal Law §§ 130.55 – 130.77).
57. The limitation of liability set forth in CPLR Art. 16 is not applicable to the claim
of personal injury alleged herein, by reason of one or more of the exemptions provided in CPLR
§ 1602, including without limitation, that Defendants acted with reckless disregard for the safety
of others, including Plaintiff, or knowingly or intentionally, in concert with Tremaroli, to permit
Tremaroli’s unfettered access to children.
COUNT I - NEGLIGENCE
(against Defendant Archdiocese of New York)
58. Plaintiff repeats and realleges Paragraphs 1 through 57 above.
59. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered
and continues to suffer severe and permanent psychological, emotional and physical injuries,
shame, humiliation and the inability to lead a normal life.
60. Defendant’s acts and conduct showed a reckless or willful disregard for the safety
and well-being of Plaintiff and other children.
COUNT II - NEGLIGENCE
(against Defendant Our Lady of Mount Carmel Church)
61. Plaintiff repeats and realleges Paragraphs 1 through 57 above.
62. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered
and continues to suffer severe and permanent psychological, emotional and physical injuries,
shame, humiliation and the inability to lead a normal life.
63. Defendant’s acts and conduct showed a reckless or willful disregard for the safety
and well-being of Plaintiff and other children.
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WHEREFORE, Plaintiff demands Judgment against Defendants for compensatory
damages, punitive damages, costs and such other and further relief as this Court deems proper.
COUNT III - NEGLIGENCE
(against Defendant Our Lady of Mount Carmel School)
64. Plaintiff repeats and realleges Paragraphs 1 through 57 above.
65. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered
and continues to suffer severe and permanent psychological, emotional and physical injuries,
shame, humiliation and the inability to lead a normal life.
66. Defendant’s acts and conduct showed a reckless or willful disregard for the safety
and well-being of Plaintiff and other children.
WHEREFORE, Plaintiff demands Judgment against Defendants for compensatory
damages, punitive damages, costs and such other and further relief as this Court deems proper.
DEMAND FOR JURY TRIAL
67. Plaintiff demands a Jury Trial in this action.
Dated: New York, New York
June 9, 2021
Respectfully submitted,
HERMAN LAW
434 W. 33rd St., Penthouse
New York, NY 10001
Tel: 212-390-0100
By: __ ______
Jeff Herman
jherman@hermanlaw.com
Daniel G. Ellis
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dellis@hermanlaw.com
Stuart S. Mermelstein
smermelstein@hermanlaw.com
Jason S. Sandler
jsandler@hermanlaw.com
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FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------------X DOE J.C., Plaintiff, COMPLAINT -against- ARCHDIOCESE OF NEW YORK, OUR LADY OF MOUNT Index No. ___________ CARMEL CHURCH and OUR LADY OF MOUNT CARMEL SCHOOL, Defendants. -----------------------------------------------------------------------------X TO THE SUPREME COURT OF THE STATE OF NEW YORK: Plaintiff, DOE J.C., by and through undersigned counsel, respectfully shows to this Court and alleges as follows: INTRODUCTION This is a revival action brought pursuant to the New York Child Victims Act, CPLR § 214- g. The Plaintiff, when he was a minor, was repeatedly sexually assaulted by Rudy Tremaroli, a coach, facilities manager, community center manager, and serial pedophile employed by the Archdiocese of New York and Our Lady of Mount Carmel in the Bronx, New York. Rudy Tremaroli began sexually assaulting and abusing children in the Bronx’s Arthur Avenue Little Italy neighborhood as early as the mid-1960s. Rudy Tremaroli used his role within the Archdiocese of New York and Our Lady of Mount Carmel to gain access to the community’s most vulnerable citizens. Rudy Tremaroli groomed these young men, became incredibly close to them, gained their trust and subsequently performed vile and heinous acts of sexual abuse. His sexual assaults of these children ranged from forcible kissing and touching of children’s genitals to 1 1 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 forcing children to perform oral sex and sodomy with a cigar holder. Rudy Tremaroli also forced his victims to pose nude and created a substantial child pornography collection that, upon information and belief, was removed from Rudy Tremaroli’s apartment following his death by the administration of Our Lady of Mount Carmel School. Despite their knowledge of the ongoing sexual assaults and abuse of children by Rudy Tremaroli, the Archdiocese of New York and Our Lady of Mount Carmel did nothing to protect the youngest members of their community and permitted Rudy Tremaroli to maintain his access to a generation of children. Rudy Tremaroli’s reign of terror ended when he died, but the trauma and pain he caused his victims continues to live on. Rudy Tremaroli, once a beloved member of the community, was one the most prolific pedophiles in the history of the Archdiocese of New York. PARTIES, JURISDICTION AND VENUE 1. Plaintiff, DOE J.C., is a citizen and resident of the State of New York. Plaintiff brings this Complaint anonymously because of the sensitive nature of the allegations of child sexual abuse in the Complaint, which is a matter of the utmost intimacy. Plaintiff fears embarrassment and further psychological damage if his identity as a victim of child sexual abuse were to become publicly known. 2. Defendant, Archdiocese of New York is a religious institution and organization with principal offices located at 1011 First Ave., New York, NY 10022. The Archdiocese of New York controls all Catholic religious, pastoral and educational functions in the boroughs of Manhattan, the Bronx and Staten Island, and in other counties in the greater New York metropolitan area. The Archdiocese operates and controls approximately 370 parishes, 274 schools and 90 Catholic charities. The Archdiocese is a citizen and resident of the State of New York. 2 2 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 3. Defendant, Our Lady of Mount Carmel Church, is a Catholic parish and church located in the Bronx, New York. Our Lady of Mount Carmel Church operates the Our Lady of Mount Carmel School, a Catholic school located at 2465 Bathgate Avenue, Bronx, New York 10458 (hereinafter, Our Lady of Mount Carmel Church and Our Lady of Mount Carmel School shall collectively be referred to as “Our Lady of Mount Carmel”). At all times relevant and material hereto, Our Lady of Mount Carmel was owned, operated and controlled by the Archdiocese of New York. 4. At all times relevant and material hereto, Rudy Tremaroli (hereinafter referred to as “Tremaroli”) was an employee and/or agent of the Archdiocese of New York and Our Lady of Mount Carmel School. At all times relevant and material hereto, Tremaroli was under the supervision and control of the Archdiocese of New York and Our Lady of Mount Carmel. 5. This Court has subject matter jurisdiction of this action pursuant to Article VI of the New York Constitution. 6. Personal jurisdiction lies over Defendants as they are present and domiciled in the State of New York. 7. Venue of this action lies in Bronx County because a substantial part of the events or omissions giving rise to the claim occurred in Bronx or one of the Defendants resides in Bronx County. RUDY TREMAROLI’S REIGN OF TERROR AT OUR LADY OF MOUNT CARMEL 8. Upon information and belief, Tremaroli was hired by the Defendants in the early to mid-1960s to operate a Catholic community center formerly known as “Ciati Hall” [now known as “Our Lady of Mount Carmel Center”] (hereinafter referred to as the “community center”) 3 3 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 located at 2380 Belmont Avenue, Bronx, New York 10458. The community center was owned, operated, maintained, staffed and/or controlled by the Defendants. 9. Upon information and belief, Tremaroli contemporaneously worked for the Defendants at Our Lady of Mount Carmel Church and Our Lady of Mount Carmel School. 10. Through his employment by the Defendants at the community center and Our Lady of Mount Carmel, Tremaroli gained access to hundreds of local children by hosting a youth program, movie nights and a summer camp. 11. Tremaroli used these events as opportunity to befriend and groom young boys under the guise of providing legitimate services to the most vulnerable members of the community. 12. In an effort to become close to the boys at the community center, Tremaroli would ask the boys whether they liked girls and whether they had kissed girls. Tremaroli would then tell the boys that he would teach them how to act around girls, how to kiss, and how to masturbate. 13. Upon information and belief, Tremaroli sexually assaulted and abused hundreds of boys while working at the community center and summer camp owned, operated, maintained and/or controlled by the Defendants. 14. Upon information and belief, in the mid-1970s, the Defendants removed Tremaroli from the community center and reassigned him exclusively to Our Lady of Mount Carmel School. At this time, Tremaroli served as the facilities manager and basketball coach. He was given a private office located in Our Lady of Mount Carmel School gym. 15. Tremaroli continued to sexually assault and abuse young male students and members of the community while serving in his new capacity at Our Lady of Mount Carmel School. 4 4 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 16. Tremaroli’s modus operandi remained the same: he would befriend and groom students, members of the basketball team and young boys who would use the school’s facilities before and after school and on the weekends, talk to them about their interest in girls, isolate the boys from their peers, and sexually assault and abuse them. 17. Tremaroli’s heinous and vile acts of sexual assault and abuse ranged from forcible kissing and touching of children’s genitals to forcing children to perform oral sex and sodomy. 18. Furthermore, upon information and belief, Tremaroli assisted in exposing his victims to another well-known pedophile. Tremaroli sexually assaulted one of his victims at Our Lady of Mount Carmel during an assembly honoring or otherwise involving alleged pedophile Reverend Bruce Ritter, a Catholic priest and founder of Covenant House who allegedly used charitable funds to support his sexual abuse of minors. 19. In approximately 1972, one of Tremaroli’s victims notified the Defendants of the ongoing sexual abuse. Despite notice of Tremaroli’s sexual assaults of the neighborhood’s defenseless children, the Defendants permitted him to remain an employee and gave him unfettered access to his victims. 20. In the middle to late 1980s, in an effort to convince a victim that his repeated sexual assaults were appropriate, Tremaroli bragged that he had seen the penises of most of the male students at Our Lady of Mount Carmel School for the past thirty (30) years. 21. Tremaroli continued working for the Defendants at Our Lady of Mount Carmel School until his death. 5 5 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 RUDY TREMAROLI’S SEXUAL ASSAULTS OF PLAINTIFF 22. Plaintiff was raised in a devout Catholic family. Plaintiff and his family were members of Our Lady of Mount Carmel Church and would attend Mass and other events hosted by Our Lady of Mount Carmel Church. Plaintiff attended Our Lady of Mount Carmel School from approximately third grade through eighth grade. 23. Rudy Tremaroli sexually assaulted Plaintiff on multiple occasions in approximately 1978, when Plaintiff was approximately ten (10) years old. 24. The acts of sexual assault and abuse of Plaintiff committed by Tremaroli included, but were not limited to, the fondling of Plaintiff’s genitalia, and the forced masturbation of Tremaroli. 25. The acts of sexual assault of Plaintiff committed by Tremaroli occurred on the premises of Our Lady of Mount Carmel School. NOTICE – FORESEEABILITY 26. Upon information and belief, Tremaroli was at all relevant times a serial sexual predator who sexually abused hundreds of boys during his employment by the Defendants at the community center and Our Lady of Mount Carmel. 27. In approximately 1972, the Defendants were made aware of Tremaroli’s sexual abuse and assaults of children when one of Tremaroli’s victims reported the acts to Emilia Longo, a secretary at the community center owned, operated, maintained, staffed and/or controlled by the Defendants. 28. Additionally, in approximately 1975, another Plaintiff in a separate related action, (Index No. 950065/2020; hereby known as “John Doe XIII”), was sexually abused by Tremaroli. John Doe XIII’s mother noticed that John Doe XIII was acting unusually since he started spending 6 6 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 time with Rudy Tremaroli. In particular, John Doe XIII’s mother walked into the restroom and observed her son inserting an object into his rectum while in the shower. 29. Following this observation, John Doe XIII’s mother met with Our Lady of Mount Carmel Monsignor Louis Martorella so that she could report her concerns about her son and Tremaroli. During this meeting, John Doe XIII’s mother informed Msgr. Martorella of John Doe XIII’s change since he started spending time with Tremaroli and reported her observation of John Doe XIII inserting the object in his rectum. John Doe XIII’s mother informed Msgr. Martorella that she was concerned and believed these behaviors were being caused by Tremaroli. 30. During this meeting Msgr. Martorella informed John Doe XIII’s mother that another boy had accused Tremaroli of touching him. Msgr. Martorella informed John Doe XIII’s mother that the children were making up lies and could not be believed. 31. Upon information and belief, the administration, principal and pastor of Our Lady of Mount Carmel School knew or should have known that Tremaroli was sexually assaulting boys on the premises of the community center and Our Lady of Mount Carmel School and Church. 32. In approximately 1977, another Plaintiff in a separate related action, (Index No. 70027/2021E; hereby known as “JOHN DOE 40”) disclosed to his father that Tremaroli touched him inappropriately while he was putting on his jockstrap. The father of JOHN DOE 40 subsequently went to the school and reported his son’s disclosures to Our Lady of Mount Carmel employee Brother Christopher and school principal Sister Aurelia. The father reported to Brother Christopher and Sister Aurelia that Tremaroli touched his son inappropriately and expressed his concern to the two staff members. Despite this report, no action was taken by Defendant to further prevent sexual abuse by Tremaroli. 7 7 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 33. In approximately 1977, another student from Our Lady of Mount Carmel School reported to Brother Gilbert, a teacher at Our Lady of Mount Carmel School, that student was being sexually abused by Tremaroli. Brother Gilbert went to that student’s house and let his father know. The student’s mother then reported the sexual abuse to Sister Aurelia. No measures were taken by Defendant to protect the students and prevent sexual abuse by Tremaroli. 34. In the early 1980’s, another Plaintiff in a separate related action, (Index No. 70126/2020E; hereby known as “DOE G.G.”) was ordered by school Principal Sister Aurelia to perform his schoolwork in a janitor’s closet as a form of punishment. On multiple occasions, Tremaroli entered the closet and sexually abused the child. After this happened several times, the student reported the sexual abuse to Sister Aurelia. Sister Aurelia dismissed the child’s allegations and did not investigate his claims nor take any action to prevent further abuse by Tremaroli. 35. Upon information and belief, the principal of Our Lady of Mount Carmel School, James Irwin, received nude photographs of Tremaroli’s victims. James Irwin was arrested in 2000 for possession of child pornography. 36. Upon information and belief, Our Lady of Mount Carmel School Monsignor John Ruvo and other employees and/or agents of the Defendants removed and destroyed nude photographs of Tremaroli’s victims from his home. 37. At all relevant times, the Defendants knew or in the exercise of reasonable care should have known that Tremaroli had a propensity for the conduct which caused injury to Plaintiff, particularly that he had a propensity to engage in the sexual abuse of children. 38. At all relevant times, it was reasonably foreseeable to the Defendants that Tremaroli would commit acts of child sexual abuse or assault on a child. 8 8 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 39. At all relevant times, the Defendants knew or should have known that Tremaroli was unfit, dangerous, and a threat to the health, safety and welfare of the minors entrusted to his counsel, care and/or protection. 40. With such actual or constructive knowledge, the Defendants provided Tremaroli unfettered access to Plaintiff and gave him the opportunity to commit foreseeable acts of child sexual abuse or assault. DUTY 41. At all material times the Archdiocese, as principal, and Our Lady of Mount Carmel, as agent, were in an agency relationship, such that Our Lady of Mount Carmel acted on the Archdiocese’s behalf, in accordance with the Archdiocese’s instructions and directions on all matters, including those relating to the hiring of personnel, operating a Catholic church and high school, operating a Catholic community center and operating a Catholic summer camp. The acts and omissions of Our Lady of Mount Carmel were subject to the Archdiocese’s plenary control, and Our Lady of Mount Carmel consented to act subject to the Archdiocese’s control. 42. At all material times, the Archdiocese and Plaintiff were in a special relationship of church-parishioner, in which the Archdiocese owed Plaintiff a duty of reasonable care to prevent foreseeable harm. 43. At all material times, the Archdiocese and Tremaroli were in a special relationship of employer – employee, in which the Archdiocese owed a duty to control the acts and conduct of Tremaroli to prevent foreseeable harm. 44. The Archdiocese owed a duty to Plaintiff to use reasonable care to protect the safety, care, well-being and health of Plaintiff while he was under the care, custody or in the presence of the Archdiocese. The Archdiocese’s duties encompassed using reasonable care in the 9 9 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 retention, supervision and hiring of Tremaroli and the duty to otherwise provide a safe environment for Plaintiff. 45. The Archdiocese had a duty to exercise reasonable care in the training of teachers, staff and other employees and agents in the prevention of sexual abuse and protection of the safety of students in its care. 46. The Archdiocese had a duty to establish and implement policies and procedures in the exercise of reasonable care for the prevention of sexual abuse and protection of the safety of the students in its care. 47. At all material times, Our Lady of Mount Carmel and Plaintiff were in a special relationship of church-parishioner and school-student, in which Our Lady of Mount Carmel owed Plaintiff a duty of reasonable care to protect him from foreseeable harm. 48. At all material times, Our Lady of Mount Carmel and Tremaroli were in a special relationship of employer-employee, in which Our Lady of Mount Carmel owed a duty to control the acts and conduct of Tremaroli to prevent foreseeable harm. 49. Our Lady of Mount Carmel owed a duty to Plaintiff to use reasonable care to protect the safety, care, well-being and health of Plaintiff while he was under the care, custody or in the presence of Our Lady of Mount Carmel. Our Lady of Mount Carmel’s duties encompassed using reasonable care in the retention, supervision and hiring of Tremaroli and the duty to otherwise provide a safe environment for Plaintiff. 50. Our Lady of Mount Carmel had a duty to exercise reasonable care in the training of teachers and staff in the prevention of sexual abuse and protection of the safety of students in its care. 10 10 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 51. Our Lady of Mount Carmel had a duty to establish and implement policies and procedures in the exercise of reasonable care for the prevention of sexual abuse and protection of the safety of the students in its care. BREACH 52. Defendants breached their duties by (i) failing to protect Plaintiff from sexual assault and lewd and lascivious acts committed by their agent and employee; (ii) failing to establish policies and procedures that were adequate to protect the health, safety and welfare of students and protect them from sexual abuse; (iii) failing to implement and enforce policies and procedures that were adequate to protect the health, safety and welfare of students and protect them from sexual abuse; (iv) hiring, retaining and/or failing to supervise Tremaroli when they knew or should have known that he posed a substantial risk of harm to children; and (v) failing to adequately monitor and supervise students on the premises of Our Lady of Mount Carmel and the community center. 53. At all relevant times, Defendants had inadequate policies and procedures to protect children it was entrusted to care for and protect, including Plaintiff. 54. Defendants concealed their knowledge that Tremaroli was unsafe and failed to adopt policies and procedures that would protect children and reduce the risk of child sexual abuse by their employees. 55. Defendants failed to warn Plaintiff and similarly situated individuals that they were at risk of sexual abuse. NATURE OF CONDUCT ALLEGED 56. This action alleges physical, psychological and emotional injuries suffered as a result of conduct which would constitute a sexual offense on a minor as defined in Article 130 of the New York Penal Law, including without limitation, conduct constituting rape (consisting of 11 11 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 sexual intercourse) (N.Y. Penal Law §§ 130.25 – 130.35); criminal sexual act (consisting of oral or anal sexual conduct) (N.Y. Penal Law §§ 130.40 – 130.53); and/or sexual abuse (consisting of sexual contact) (N.Y. Penal Law §§ 130.55 – 130.77). 57. The limitation of liability set forth in CPLR Art. 16 is not applicable to the claim of personal injury alleged herein, by reason of one or more of the exemptions provided in CPLR § 1602, including without limitation, that Defendants acted with reckless disregard for the safety of others, including Plaintiff, or knowingly or intentionally, in concert with Tremaroli, to permit Tremaroli’s unfettered access to children. COUNT I - NEGLIGENCE (against Defendant Archdiocese of New York) 58. Plaintiff repeats and realleges Paragraphs 1 through 57 above. 59. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered and continues to suffer severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life. 60. Defendant’s acts and conduct showed a reckless or willful disregard for the safety and well-being of Plaintiff and other children. COUNT II - NEGLIGENCE (against Defendant Our Lady of Mount Carmel Church) 61. Plaintiff repeats and realleges Paragraphs 1 through 57 above. 62. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered and continues to suffer severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life. 63. Defendant’s acts and conduct showed a reckless or willful disregard for the safety and well-being of Plaintiff and other children. 12 12 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 WHEREFORE, Plaintiff demands Judgment against Defendants for compensatory damages, punitive damages, costs and such other and further relief as this Court deems proper. COUNT III - NEGLIGENCE (against Defendant Our Lady of Mount Carmel School) 64. Plaintiff repeats and realleges Paragraphs 1 through 57 above. 65. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered and continues to suffer severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life. 66. Defendant’s acts and conduct showed a reckless or willful disregard for the safety and well-being of Plaintiff and other children. WHEREFORE, Plaintiff demands Judgment against Defendants for compensatory damages, punitive damages, costs and such other and further relief as this Court deems proper. DEMAND FOR JURY TRIAL 67. Plaintiff demands a Jury Trial in this action. Dated: New York, New York June 9, 2021 Respectfully submitted, HERMAN LAW 434 W. 33rd St., Penthouse New York, NY 10001 Tel: 212-390-0100 By: __ ______ Jeff Herman jherman@hermanlaw.com Daniel G. Ellis 13 13 of 14 FILED: BRONX COUNTY CLERK 06/09/2021 03:23 PM INDEX NO. 70169/2021E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/09/2021 dellis@hermanlaw.com Stuart S. Mermelstein smermelstein@hermanlaw.com Jason S. Sandler jsandler@hermanlaw.com 14 14 of 14