Preview
FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS Index No.: ________/2021
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DAVID COLTS, SUMMONS
Plaintiff, Plaintiff designates
CATTARAUGUS COUNTY
-against- as place of trial.
ST. BONAVENTURE UNIVERSITY and ST. Venue is based on
JOSEPH MARONITE CATHOLIC CHURCH, defendants’ principal place
of business.
Defendants.
---------------------------------------------------------------------X Plaintiff resides at
To the above-named defendants: 181 Beck Avenue
Akron, Ohio 44302.
YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and to serve
a copy of your answer or, if the Verified Complaint is not served with this Summons, to serve a
notice of appearance, on plaintiff’s attorneys within twenty (20) days after the service of this
Summons, exclusive of the day of service (or within thirty [30] days after the service is complete
if this Summons is not personally delivered to you within the State of New York): and in case your
failure to appear or answer, judgement will be taken for the relief demanded herein.
A COPY OF THIS SUMMONS WAS FILED WITH THE CLERK OF THE COURT,
CATTARUAGUS COUNTY ON __________ IN COMPLIANCE WITH CPLR §§ 305(a)
AND 306(a).
Dated: August 12, 2021
New York, New York
MERSON LAW, PLLC
By:
Jordan K. Merson, Esq.
Matthew G. Merson, Esq.
Attorneys for Plaintiff
950 Third Avenue, 18th Floor
New York, New York 10022
Telephone: (212) 603-9100
Facsimile: (347) 441-4171
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TO:
ST. BONAVENTURE UNIVERSITY
3261 West State Road
St. Bonaventure, New York 14778
ST. JOSEPH CATHOLIC MARONITE CHURCH
1102 Walnut Street
Olean, New York 14760
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS
-----------------------------------------------------------------------X Index No.:
DAVID COLTS, __________/2021
Plaintiff,
-against-
VERIFIED
ST. BONAVNTURE UNIVERSITY and ST. JOSEPH COMPLAINT
MARONITE CATHOLIC CHURCH,
Defendants.
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Plaintiff, complaining of defendants, by MERSON LAW, PLLC., respectfully alleges,
upon information and belief, that:
JURISDICTION AND VENUE
1. Plaintiff files this lawsuit pursuant to the Child Victims Act, codified in part in
CPLR Section 214-g.
2. This Court has jurisdiction pursuant to CPLR Section 301, as defendant maintains
a principal place of business in New York State, and the unlawful conduct described herein
occurred in New York State.
3. Venue is proper pursuant to CPLR Section 503, because defendants maintain a
principal place of business in Cattaraugus County.
NATURE OF THE CLAIM
4. This claim arises pursuant to the Child’s Victim Act, as plaintiff experienced
repeated sexual abuse as a child at the hands of Brother Radich, who served as a priest at defendant
ST. BONAVENTURE UNIVERSITY at the time of the sexual abuse.
5. Said sexual abuse occurred due to the negligence of defendants, and the Diocese
of Buffalo, the entity that owned, operated, managed, controlled, and supervised defendant ST.
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BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC
CHURCH in New York.
6. As a boy of approximately twelve years of age, in or around 1969, plaintiff
suffered repeated sexual abuse at the hands of Brother Radich, a priest at defendant ST.
BONAVENTURE UNIVERSITY.
7. Plaintiff met Brother Radich while attending a program at defendant ST.
BONAVENTURE UNIVERSITY, a program sponsored, controlled, and/or supervised by
defendant ST. JOSEPH MARONITE CATHOLIC CHURCH.
8. Brother Radich sexually abused plaintiff during the trip and for several months
thereafter.
9. The sexual abuse consisted of, but was not limited to, Brother Radich touching,
groping, fondling, masturbating, and/or otherwise molesting plaintiff’s genitals.
10. Said sexual abuse occurred throughout New York State, including at defendant
ST. BONVANTURE UNIVERSITY.
11. Upon information and belief, despite defendant’s knowledge of Brother Radich’s
pedophilia and propensity to sexually abuse minor boys, Brother Radich was allowed to remain in
the presence of minor boys at defendant ST. BONAVENTURE UNIVERSITY.
12. Defendant ST. BONAVENTURE UNIVERSITY failed to properly maintain any
oversight or supervision over Brother Radich and said negligence and failure to supervise left
plaintiff in a dangerous and hostile environment, where plaintiff experienced sexual abuse and
trauma.
13. Plaintiff brings forth the herein lawsuit to recover for the emotional and physical
suffering plaintiff endured, suffering that directly resulted because of the negligence of defendant
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ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC
CHURCH and to ensure that no other child is forced to endure the abuse and physical and mental
trauma that plaintiff suffered and continues to suffer.
TIMELINESS
14. CPLR Section 214-g states, in relevant part, “every civil claim or cause of action
brought against any party alleging intentional or negligent acts or omissions by a person for
physical, psychological, or other injury or condition suffered as a result of conduct which would
constitute a sexual offense . . . which conduct was committed against a child less than eighteen
years of age, which is barred as of the effective date of this section because the applicable period
of limitation has expired, and/or the plaintiff previously failed to file a notice of claim or a notice
of intention to file a claim, is hereby revived[.]” N.Y. CPLR 214-g.
15. Thus, plaintiff commences the herein suit in a timely manner, and defendant ST.
BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC
CHURCH cannot argue that the statute of limitations prevents plaintiff from commencing said
suit.
PARTIES
16. At all times herein mentioned, the Diocese of Buffalo owned, operated,
maintained, supervised and/or otherwise controlled defendant ST. BONAVENTURE
UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH.
17. The Diocese of Buffalo is not named as a defendant in the herein Complaint
because the Diocese declared bankruptcy on February 28, 2020. See In re: The Diocese of Buffalo,
N.Y., CASE NO. 20-10322 (CLB). As a result, plaintiff cannot list the Diocese of Buffalo as a
defendant.
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18. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
was and is a not-for-profit, religious corporation incorporated in the State of New York and by
virtue of the laws of the State of New York.
19. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
was and is located at 3261 West State Road, St. Bonaventure, New York 14778.
20. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY,
and defendant’s agents, servants, and/or employees, owned, operated, controlled, managed,
supervised, and maintained ST. BONAVENTURE UNIVERSITY, a Catholic university and
church.
21. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
employed Brother Radich to serve as a priest at ST. BONAVENTURE UNIVERSITY.
22. At all times herein mentioned, defendants ST. BONAVENTURE UNIVERSITY
hired, employed, supervised, and retained Brother Radich.
23. At all times herein mentioned, the Diocese of Buffalo owned, operated, controlled,
maintained, and/or supervised defendant ST. JOSEPH MARONITE CATHOLIC CHURCH.
24. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH was and is a not-for-profit religious corporation incorporated in the State
of New York and by virtue of the laws of the State of New York.
25. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH was and is located at 1102 Walnut Street, Olean, New York 14760.
26. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH were agents, servants,
employees, and/or alter egos of one another.
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FACTS OF THE CASE
27. The negligence and recklessness of defendant ST. BONAVENTURE
UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH enabled
Brother Radich to sexually abuse and assault children, including plaintiff.
28. Defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH
MARONITE CATHOLIC CHURCH, and defendants’ agents, employees, and/or servants,
knew or should have known that Brother Radich sexually abused children and/or had the
propensity to sexually abuse children, including plaintiff.
29. Defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH
MARONITE CATHOLIC CHURCH are therefore responsible for the injuries that plaintiff
incurred because of defendants’ negligence; but for said negligence, plaintiff would not have
suffered the mental and physical anguish inflicted by Brother Radich. Defendant’s gross
negligence, reckless, wanton, and/or willful conduct supports punitive liability.
30. In or around 1969, Brother Radich served at defendant ST. BONAVENTURE
UNIVERSITY as a priest.
31. At that time, plaintiff was approximately twelve (12) years old, a minor under the
laws of the State of New York.
32. At that time, plaintiff attended a program sponsored, supervised, and overseen by
defendant ST. JOSEPH MARONITE CATHOLIC CHURCH, at defendant ST.
BONAVENTURE UNIVERSITY.
33. Plaintiff met Brother Radich during the program and the sexual abuse began soon
after.
34. Brother Radich touched, groped, fondled, and masturbated plaintiff’s genitals on
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the grounds of defendant ST. BONAVENTURE UNIVERSITY.
35. The sexual abuse continued for several months thereafter.
36. The sexual abuse consisted of, but was not limited to, touching, groping, fondling,
masturbating, and/or otherwise molesting plaintiff’s genitals.
37. The above-described sexual abuse caused plaintiff to fear for his physical safety
and well-being.
38. Upon information and belief, plaintiff was taught and otherwise informed by
defendant by word and deed that plaintiff should obey, trust, and respect defendant and Brother
Radich.
39. Upon information and belief, at all times mentioned herein, defendant ST.
BONAVENTURE UNIVERSITY knew that minors sexually abused in defendant’s facilities
would suffer psychological and emotional injuries, as well as other damages.
40. Upon information and belief, at all times herein mentioned, defendant ST.
JOSEPH MARONITE CATHOLIC CHURCH knew that minors sexually abused in
defendant’s programs would suffer psychological and emotional injuries, as well as other damages.
41. Upon information and belief, defendants authorized and empowered Brother
Radich to perform all duties of a priest within ST. BONAVENTURE UNIVERSITY, including
the authority and power to do the following: to provide instruction, counseling, moral guidance,
and physical supervision to minors within ST. BONAVENTURE UNIVERSITY, including
those attending as part of defendant ST. JOSEPH OF MARONITE CATHOLIC CHURCH’s
program.
42. Defendants knew that as part of Brother Radich’s duties as a priest, Brother Radich
would be in a position of trust, confidence, and authority over the minors involved in ST.
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BONAVENTURE UNIVERSITY, including plaintiff.
43. At all relevant times, Brother Radich was on the staff of, was an agent or, or served
as an employee of defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH
MARONITE CATHOLIC CHURCH.
44. At all relevant times, Brother Radich acted in the course and scope of his position
with defendants.
45. Upon information and belief, defendant ST. BONAVENTURE UNIVERSITY
and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH had a duty to supervise
Brother Radich as defendants’ employee, staff member, and/or agent.
46. At all relevant times, defendant ST. BONAVENTURE UNIVERSITY and
defendant ST. JOSEPH MARONITE CATHOLIC CHURCH, through defendants’ agents,
servants, and/or employees, knew or should have known that Brother Radich was a sexual abuser
of children who used his position of power and authority to sexually abuse plaintiff and other
children.
47. At all relevant times, defendants knew or should have known that Brother Radich
was likely to sexually abuse children, including plaintiff.
48. Before and during the time that Brother Radich sexually abused plaintiff,
defendants, through defendants’ agents, servants, and/or employees, knew or should have known
that Brother Radich was sexually abusing plaintiff and other children.
49. Defendant ST ST. BONAVENTURE UNIVERSITY and defendant ST.
JOSEPH MARONITE CATHOLIC CHURCH allowed the sexual abuse to occur, by
negligently failing to properly supervise the priests, clergy, and other employees working for
defendants.
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50. As such, plaintiff suffered catastrophic and lifelong injuries as a result of defendant
ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC
CHURCH’s negligence in failing to fulfill numerous duties, including but not limited to,
protecting the children attending and/or visiting defendant ST. BONAVENTURE
UNIVERSITY, including plaintiff, from Brother Radich, despite defendants having knowledge
that Brother Radich sexually abused children, and/or had the propensity to sexually abuse children,
including plaintiff; and/or allowing Brother Radich to continue to maintain a position of authority
and power within the Catholic Church, thereby allowing Brother Radich unfettered access to
children.
AS AND FOR A FIRST CAUSE OF ACTION FOR
NEGLIGENCE
AS TO ST. BONAVENTURE UNIVERSITY
51. Plaintiff repeats, reiterates and realleges each and every allegation contained in
this Complaint marked and designated 1. through 51., inclusive, with the same force and effect as
if hereinafter set forth at length.
52. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
owed a duty of care, and a duty in loco parentis, to children, including plaintiff, to keep said
children safe from sexual abuse by defendant’s agents, servants and/or employees, under
defendant’s supervision and control; sexually abuse that ultimately befell plaintiff.
53. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants and/or employees breached the above-stated duty in a
negligent, reckless, willful, and wanton manner, and caused plaintiff to be sexually assaulted.
54. As a result of the negligence of defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants and/or employees, plaintiff suffered serious personal injuries,
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emotional distress, mental and physical pain and suffering, mental anguish and/or physical
manifestations thereof, and other losses, all of which have not yet been ascertained.
55. By reason of the foregoing, plaintiff is entitled to compensatory damages from
defendant in such sums as a jury would find fair, just, and adequate.
56. By reason of the foregoing, plaintiff is entitled to punitive damages from defendant
in such sums as a jury would find fair, just, and adequate.
57. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
58. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A SECOND CAUSE OF ACTION FOR
NEGLIGENT HIRING, RETENTION, AND SUPERVISION
AS TO ST. BONAVENTURE UNIVERSITY
59. Plaintiff repeats, reiterates and realleges each and every allegation contained in
this Complaint marked and designated 1. through 58., inclusive, with the same force and effect as
if hereinafter set forth at length.
60. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees had a duty to supervise and prevent known
risks of harm to the children visiting and attending defendant’s church, by hiring, supervising,
interviewing, and providing appropriate oversight to all agents, employees, and/or servants,
including said employees interacting with children, including plaintiff, who attended ST.
BONAVENTURE UNIVERSITY.
61. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees negligently hired, retained and supervised
personnel, including Brother Radich, and negligently hired, retained, and supervised personnel
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who were careless, unskillful, negligent, reckless and acted in a willful and wanton manner in not
possessing the requisite knowledge, skill, and moral character of employees charged with ensuring
child safety, and who should have properly supervised said agents, servants, and/or employees and
church officials to ensure the safety of children attending defendant ST. BONAVENTURE
UNIVERSITY .
62. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees knew or should have known that Brother
Radich sexually abused and assaulted plaintiff and/or had the capacity and/or propensity to do
same to children, including plaintiff.
63. As a result of such negligent, hiring, supervising and retention of the above-
described personnel, plaintiff suffered serious personal injuries, emotional distress, conscious pain
and suffering, mental anguish and/or physical manifestations thereof, and other losses, all of which
have not yet been ascertained at this time.
64. By reasons of the foregoing, plaintiff is entitled to compensatory damages from
defendant in such sums as a jury would find fair, just, and adequate.
65. By reasons of the foregoing, plaintiff is entitled to punitive damages from
defendant in such sums as a jury would find fair, just, and adequate.
66. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
67. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A THIRD CAUSE OF ACTION FOR
FAILURE TO TRAIN
AS TO ST. BONAVENTURE UNIVERSITY
68. Plaintiff repeats, reiterates and realleges each and every allegation contained in
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those paragraphs of this Complaint marked and designated 1. through 67., inclusive, with the same
force and effect as if hereinafter set forth at length.
69. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants and/or employees knew or should have known of Brother
Radich’s aforementioned conduct and propensity to sexually abuse minors like plaintiff.
70. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees knew or should have known of the problems
of the sexual abuse of minors, such as plaintiff, in the Catholic Church.
71. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees had a duty to establish adequate, competent
and effective professional training and educational programs and procedures for defendant’s
agents, servants, and/or employees calculated to identify and prevent the sexual abuse of minors,
such as plaintiff, by priests, such as Brother Radich, who they knew had previously sexually abused
minors, such as plaintiff, with whom priests, such as Brother Radich, had come into contact with
as a result of their position of being a priest and working within the Diocese.
72. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees breached the above-stated duty in a
negligent, reckless, willful and/or wanton manner by failing to establish adequate and effective
professional training and educational programs and procedures for their agents, servants and/or
employees calculated to prevent sexual abuse of minors, such as plaintiff, by priests, such as
Brother Radich, who they knew had previously sexually abused minors.
73. By reason of the foregoing, plaintiff is entitled to compensatory damages from
defendant in such sums as a jury would find fair, just and adequate.
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74. By reason of the foregoing, plaintiff is also entitled to punitive damages from
defendant in such sums as a jury would find fair, just and adequate.
75. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
76. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A FOURTH CAUSE OF ACTION FOR
FAILURE TO WARN
AS TO ST. BONAVENTURE UNIVERSITY
77. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Complaint marked and designated 1. through 76., inclusive, with the same
force and effect as if hereinafter set forth at length.
78. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants and/or employees knew or should have known that Brother
Radich had the propensity to sexually abuse minors, such as plaintiff, whom he came into contact
with by and through his position of being a priest and working within the diocese.
79. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees had a duty to warn their parishes and/or
parishioners, including plaintiff and/or his guardians, of Brother Radich’s propensity to sexually
molest minors and of the fact that Brother Radich had previously sexually abused minors with
whom he had come in contact with by and through his position of being a priest and working
within the diocese prior to the time that he abused plaintiff.
80. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY
and/or defendant’s agents, servants, and/or employees breached the above-stated duty in a
negligent, reckless, willful and/or wanton manner by failing to warn or advise their parishes and/or
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parishioners, including plaintiff and/or his guardians, of Brother Radich’s propensity to sexually
abuse minors and of the fact that Brother Radich had previously sexually abused minors with
whom he had come in contact with by and through his position of being a priest and working
within the Diocese prior to the time that he abused plaintiff.
81. By reason of the foregoing, plaintiff is entitled to compensatory damages from
defendant in such sums as a jury would find fair, just and adequate.
82. By reason of the foregoing, plaintiff is also entitled to punitive damages from
defendant in such sums as a jury would find fair, just and adequate.
83. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
84. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A FIFTH CAUSE OF ACTION FOR
NEGLIGENCE
AS TO ST. JOSEPH MARONITE CATHOLIC CHURCH
85. Plaintiff repeats, reiterates and realleges each and every allegation contained in
this Complaint marked and designated 1. through 84., inclusive, with the same force and effect as
if hereinafter set forth at length.
86. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH owed a duty of care, and a duty in loco parentis, to children, including
plaintiff, to keep said children safe from sexual abuse by defendant’s agents, servants and/or
employees, under defendant’s supervision and control; sexually abuse that ultimately befell
plaintiff.
87. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH and/or defendant’s agents, servants and/or employees breached the
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above-stated duty in a negligent, reckless, willful, and wanton manner, and caused plaintiff to be
sexually assaulted.
88. As a result of the negligence of defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH and/or defendant’s agents, servants and/or employees, plaintiff suffered
serious personal injuries, emotional distress, mental and physical pain and suffering, mental
anguish and/or physical manifestations thereof, and other losses, all of which have not yet been
ascertained.
89. By reason of the foregoing, plaintiff is entitled to compensatory damages from
defendant in such sums as a jury would find fair, just, and adequate.
90. By reason of the foregoing, plaintiff is entitled to punitive damages from defendant
in such sums as a jury would find fair, just, and adequate.
91. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
92. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A SIXTH CAUSE OF ACTION FOR
NEGLIGENT HIRING, RETENTION, AND SUPERVISION
AS TO ST. JOSEPH MARONITE CATHOLIC CHURCH
93. Plaintiff repeats, reiterates and realleges each and every allegation contained in
this Complaint marked and designated 1. through 92., inclusive, with the same force and effect as
if hereinafter set forth at length.
94. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH had a duty to supervise and prevent known risks of harm to the children
visiting and attending defendant’s church, by hiring, supervising, interviewing, and providing
appropriate oversight to all agents, employees, and/or servants, including said employees
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interacting with children, including plaintiff, who attended ST. BONAVENTURE
UNIVERSITY.
95. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH and/or defendant’s agents, servants, and/or employees negligently hired,
retained and supervised personnel, including Brother Radich, and negligently hired, retained, and
supervised personnel who were careless, unskillful, negligent, reckless and acted in a willful and
wanton manner in not possessing the requisite knowledge, skill, and moral character of employees
charged with ensuring child safety, and who should have properly supervised said agents, servants,
and/or employees and church officials to ensure the safety of children attending defendant ST.
BONAVENTURE UNIVERSITY .
96. At all times herein mentioned, defendant ST. JOSEPH MARONITE
CATHOLIC CHURCH and/or defendant’s agents, servants, and/or employees knew or should
have known that Brother Radich sexually abused and assaulted plaintiff and/or had the capacity
and/or propensity to do same to children, including plaintiff.
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FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS Index No.: ________/2021 ---------------------------------------------------------------------X DAVID COLTS, SUMMONS Plaintiff, Plaintiff designates CATTARAUGUS COUNTY -against- as place of trial. ST. BONAVENTURE UNIVERSITY and ST. Venue is based on JOSEPH MARONITE CATHOLIC CHURCH, defendants’ principal place of business. Defendants. ---------------------------------------------------------------------X Plaintiff resides at To the above-named defendants: 181 Beck Avenue Akron, Ohio 44302. YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and to serve a copy of your answer or, if the Verified Complaint is not served with this Summons, to serve a notice of appearance, on plaintiff’s attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty [30] days after the service is complete if this Summons is not personally delivered to you within the State of New York): and in case your failure to appear or answer, judgement will be taken for the relief demanded herein. A COPY OF THIS SUMMONS WAS FILED WITH THE CLERK OF THE COURT, CATTARUAGUS COUNTY ON __________ IN COMPLIANCE WITH CPLR §§ 305(a) AND 306(a). Dated: August 12, 2021 New York, New York MERSON LAW, PLLC By: Jordan K. Merson, Esq. Matthew G. Merson, Esq. Attorneys for Plaintiff 950 Third Avenue, 18th Floor New York, New York 10022 Telephone: (212) 603-9100 Facsimile: (347) 441-4171 1 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 TO: ST. BONAVENTURE UNIVERSITY 3261 West State Road St. Bonaventure, New York 14778 ST. JOSEPH CATHOLIC MARONITE CHURCH 1102 Walnut Street Olean, New York 14760 2 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS -----------------------------------------------------------------------X Index No.: DAVID COLTS, __________/2021 Plaintiff, -against- VERIFIED ST. BONAVNTURE UNIVERSITY and ST. JOSEPH COMPLAINT MARONITE CATHOLIC CHURCH, Defendants. ----------------------------------------------------------------------X Plaintiff, complaining of defendants, by MERSON LAW, PLLC., respectfully alleges, upon information and belief, that: JURISDICTION AND VENUE 1. Plaintiff files this lawsuit pursuant to the Child Victims Act, codified in part in CPLR Section 214-g. 2. This Court has jurisdiction pursuant to CPLR Section 301, as defendant maintains a principal place of business in New York State, and the unlawful conduct described herein occurred in New York State. 3. Venue is proper pursuant to CPLR Section 503, because defendants maintain a principal place of business in Cattaraugus County. NATURE OF THE CLAIM 4. This claim arises pursuant to the Child’s Victim Act, as plaintiff experienced repeated sexual abuse as a child at the hands of Brother Radich, who served as a priest at defendant ST. BONAVENTURE UNIVERSITY at the time of the sexual abuse. 5. Said sexual abuse occurred due to the negligence of defendants, and the Diocese of Buffalo, the entity that owned, operated, managed, controlled, and supervised defendant ST. 3 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH in New York. 6. As a boy of approximately twelve years of age, in or around 1969, plaintiff suffered repeated sexual abuse at the hands of Brother Radich, a priest at defendant ST. BONAVENTURE UNIVERSITY. 7. Plaintiff met Brother Radich while attending a program at defendant ST. BONAVENTURE UNIVERSITY, a program sponsored, controlled, and/or supervised by defendant ST. JOSEPH MARONITE CATHOLIC CHURCH. 8. Brother Radich sexually abused plaintiff during the trip and for several months thereafter. 9. The sexual abuse consisted of, but was not limited to, Brother Radich touching, groping, fondling, masturbating, and/or otherwise molesting plaintiff’s genitals. 10. Said sexual abuse occurred throughout New York State, including at defendant ST. BONVANTURE UNIVERSITY. 11. Upon information and belief, despite defendant’s knowledge of Brother Radich’s pedophilia and propensity to sexually abuse minor boys, Brother Radich was allowed to remain in the presence of minor boys at defendant ST. BONAVENTURE UNIVERSITY. 12. Defendant ST. BONAVENTURE UNIVERSITY failed to properly maintain any oversight or supervision over Brother Radich and said negligence and failure to supervise left plaintiff in a dangerous and hostile environment, where plaintiff experienced sexual abuse and trauma. 13. Plaintiff brings forth the herein lawsuit to recover for the emotional and physical suffering plaintiff endured, suffering that directly resulted because of the negligence of defendant 4 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH and to ensure that no other child is forced to endure the abuse and physical and mental trauma that plaintiff suffered and continues to suffer. TIMELINESS 14. CPLR Section 214-g states, in relevant part, “every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense . . . which conduct was committed against a child less than eighteen years of age, which is barred as of the effective date of this section because the applicable period of limitation has expired, and/or the plaintiff previously failed to file a notice of claim or a notice of intention to file a claim, is hereby revived[.]” N.Y. CPLR 214-g. 15. Thus, plaintiff commences the herein suit in a timely manner, and defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH cannot argue that the statute of limitations prevents plaintiff from commencing said suit. PARTIES 16. At all times herein mentioned, the Diocese of Buffalo owned, operated, maintained, supervised and/or otherwise controlled defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH. 17. The Diocese of Buffalo is not named as a defendant in the herein Complaint because the Diocese declared bankruptcy on February 28, 2020. See In re: The Diocese of Buffalo, N.Y., CASE NO. 20-10322 (CLB). As a result, plaintiff cannot list the Diocese of Buffalo as a defendant. 5 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 18. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY was and is a not-for-profit, religious corporation incorporated in the State of New York and by virtue of the laws of the State of New York. 19. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY was and is located at 3261 West State Road, St. Bonaventure, New York 14778. 20. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY, and defendant’s agents, servants, and/or employees, owned, operated, controlled, managed, supervised, and maintained ST. BONAVENTURE UNIVERSITY, a Catholic university and church. 21. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY employed Brother Radich to serve as a priest at ST. BONAVENTURE UNIVERSITY. 22. At all times herein mentioned, defendants ST. BONAVENTURE UNIVERSITY hired, employed, supervised, and retained Brother Radich. 23. At all times herein mentioned, the Diocese of Buffalo owned, operated, controlled, maintained, and/or supervised defendant ST. JOSEPH MARONITE CATHOLIC CHURCH. 24. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH was and is a not-for-profit religious corporation incorporated in the State of New York and by virtue of the laws of the State of New York. 25. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH was and is located at 1102 Walnut Street, Olean, New York 14760. 26. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH were agents, servants, employees, and/or alter egos of one another. 6 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 FACTS OF THE CASE 27. The negligence and recklessness of defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH enabled Brother Radich to sexually abuse and assault children, including plaintiff. 28. Defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH, and defendants’ agents, employees, and/or servants, knew or should have known that Brother Radich sexually abused children and/or had the propensity to sexually abuse children, including plaintiff. 29. Defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH are therefore responsible for the injuries that plaintiff incurred because of defendants’ negligence; but for said negligence, plaintiff would not have suffered the mental and physical anguish inflicted by Brother Radich. Defendant’s gross negligence, reckless, wanton, and/or willful conduct supports punitive liability. 30. In or around 1969, Brother Radich served at defendant ST. BONAVENTURE UNIVERSITY as a priest. 31. At that time, plaintiff was approximately twelve (12) years old, a minor under the laws of the State of New York. 32. At that time, plaintiff attended a program sponsored, supervised, and overseen by defendant ST. JOSEPH MARONITE CATHOLIC CHURCH, at defendant ST. BONAVENTURE UNIVERSITY. 33. Plaintiff met Brother Radich during the program and the sexual abuse began soon after. 34. Brother Radich touched, groped, fondled, and masturbated plaintiff’s genitals on 7 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 the grounds of defendant ST. BONAVENTURE UNIVERSITY. 35. The sexual abuse continued for several months thereafter. 36. The sexual abuse consisted of, but was not limited to, touching, groping, fondling, masturbating, and/or otherwise molesting plaintiff’s genitals. 37. The above-described sexual abuse caused plaintiff to fear for his physical safety and well-being. 38. Upon information and belief, plaintiff was taught and otherwise informed by defendant by word and deed that plaintiff should obey, trust, and respect defendant and Brother Radich. 39. Upon information and belief, at all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY knew that minors sexually abused in defendant’s facilities would suffer psychological and emotional injuries, as well as other damages. 40. Upon information and belief, at all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH knew that minors sexually abused in defendant’s programs would suffer psychological and emotional injuries, as well as other damages. 41. Upon information and belief, defendants authorized and empowered Brother Radich to perform all duties of a priest within ST. BONAVENTURE UNIVERSITY, including the authority and power to do the following: to provide instruction, counseling, moral guidance, and physical supervision to minors within ST. BONAVENTURE UNIVERSITY, including those attending as part of defendant ST. JOSEPH OF MARONITE CATHOLIC CHURCH’s program. 42. Defendants knew that as part of Brother Radich’s duties as a priest, Brother Radich would be in a position of trust, confidence, and authority over the minors involved in ST. 8 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 BONAVENTURE UNIVERSITY, including plaintiff. 43. At all relevant times, Brother Radich was on the staff of, was an agent or, or served as an employee of defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH. 44. At all relevant times, Brother Radich acted in the course and scope of his position with defendants. 45. Upon information and belief, defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH had a duty to supervise Brother Radich as defendants’ employee, staff member, and/or agent. 46. At all relevant times, defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH, through defendants’ agents, servants, and/or employees, knew or should have known that Brother Radich was a sexual abuser of children who used his position of power and authority to sexually abuse plaintiff and other children. 47. At all relevant times, defendants knew or should have known that Brother Radich was likely to sexually abuse children, including plaintiff. 48. Before and during the time that Brother Radich sexually abused plaintiff, defendants, through defendants’ agents, servants, and/or employees, knew or should have known that Brother Radich was sexually abusing plaintiff and other children. 49. Defendant ST ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH allowed the sexual abuse to occur, by negligently failing to properly supervise the priests, clergy, and other employees working for defendants. 9 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 50. As such, plaintiff suffered catastrophic and lifelong injuries as a result of defendant ST. BONAVENTURE UNIVERSITY and defendant ST. JOSEPH MARONITE CATHOLIC CHURCH’s negligence in failing to fulfill numerous duties, including but not limited to, protecting the children attending and/or visiting defendant ST. BONAVENTURE UNIVERSITY, including plaintiff, from Brother Radich, despite defendants having knowledge that Brother Radich sexually abused children, and/or had the propensity to sexually abuse children, including plaintiff; and/or allowing Brother Radich to continue to maintain a position of authority and power within the Catholic Church, thereby allowing Brother Radich unfettered access to children. AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE AS TO ST. BONAVENTURE UNIVERSITY 51. Plaintiff repeats, reiterates and realleges each and every allegation contained in this Complaint marked and designated 1. through 51., inclusive, with the same force and effect as if hereinafter set forth at length. 52. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY owed a duty of care, and a duty in loco parentis, to children, including plaintiff, to keep said children safe from sexual abuse by defendant’s agents, servants and/or employees, under defendant’s supervision and control; sexually abuse that ultimately befell plaintiff. 53. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants and/or employees breached the above-stated duty in a negligent, reckless, willful, and wanton manner, and caused plaintiff to be sexually assaulted. 54. As a result of the negligence of defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants and/or employees, plaintiff suffered serious personal injuries, 10 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 emotional distress, mental and physical pain and suffering, mental anguish and/or physical manifestations thereof, and other losses, all of which have not yet been ascertained. 55. By reason of the foregoing, plaintiff is entitled to compensatory damages from defendant in such sums as a jury would find fair, just, and adequate. 56. By reason of the foregoing, plaintiff is entitled to punitive damages from defendant in such sums as a jury would find fair, just, and adequate. 57. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 58. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENT HIRING, RETENTION, AND SUPERVISION AS TO ST. BONAVENTURE UNIVERSITY 59. Plaintiff repeats, reiterates and realleges each and every allegation contained in this Complaint marked and designated 1. through 58., inclusive, with the same force and effect as if hereinafter set forth at length. 60. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees had a duty to supervise and prevent known risks of harm to the children visiting and attending defendant’s church, by hiring, supervising, interviewing, and providing appropriate oversight to all agents, employees, and/or servants, including said employees interacting with children, including plaintiff, who attended ST. BONAVENTURE UNIVERSITY. 61. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees negligently hired, retained and supervised personnel, including Brother Radich, and negligently hired, retained, and supervised personnel 11 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 who were careless, unskillful, negligent, reckless and acted in a willful and wanton manner in not possessing the requisite knowledge, skill, and moral character of employees charged with ensuring child safety, and who should have properly supervised said agents, servants, and/or employees and church officials to ensure the safety of children attending defendant ST. BONAVENTURE UNIVERSITY . 62. At all times herein mentioned, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees knew or should have known that Brother Radich sexually abused and assaulted plaintiff and/or had the capacity and/or propensity to do same to children, including plaintiff. 63. As a result of such negligent, hiring, supervising and retention of the above- described personnel, plaintiff suffered serious personal injuries, emotional distress, conscious pain and suffering, mental anguish and/or physical manifestations thereof, and other losses, all of which have not yet been ascertained at this time. 64. By reasons of the foregoing, plaintiff is entitled to compensatory damages from defendant in such sums as a jury would find fair, just, and adequate. 65. By reasons of the foregoing, plaintiff is entitled to punitive damages from defendant in such sums as a jury would find fair, just, and adequate. 66. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 67. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A THIRD CAUSE OF ACTION FOR FAILURE TO TRAIN AS TO ST. BONAVENTURE UNIVERSITY 68. Plaintiff repeats, reiterates and realleges each and every allegation contained in 12 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 those paragraphs of this Complaint marked and designated 1. through 67., inclusive, with the same force and effect as if hereinafter set forth at length. 69. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants and/or employees knew or should have known of Brother Radich’s aforementioned conduct and propensity to sexually abuse minors like plaintiff. 70. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees knew or should have known of the problems of the sexual abuse of minors, such as plaintiff, in the Catholic Church. 71. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees had a duty to establish adequate, competent and effective professional training and educational programs and procedures for defendant’s agents, servants, and/or employees calculated to identify and prevent the sexual abuse of minors, such as plaintiff, by priests, such as Brother Radich, who they knew had previously sexually abused minors, such as plaintiff, with whom priests, such as Brother Radich, had come into contact with as a result of their position of being a priest and working within the Diocese. 72. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees breached the above-stated duty in a negligent, reckless, willful and/or wanton manner by failing to establish adequate and effective professional training and educational programs and procedures for their agents, servants and/or employees calculated to prevent sexual abuse of minors, such as plaintiff, by priests, such as Brother Radich, who they knew had previously sexually abused minors. 73. By reason of the foregoing, plaintiff is entitled to compensatory damages from defendant in such sums as a jury would find fair, just and adequate. 13 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 74. By reason of the foregoing, plaintiff is also entitled to punitive damages from defendant in such sums as a jury would find fair, just and adequate. 75. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 76. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A FOURTH CAUSE OF ACTION FOR FAILURE TO WARN AS TO ST. BONAVENTURE UNIVERSITY 77. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Complaint marked and designated 1. through 76., inclusive, with the same force and effect as if hereinafter set forth at length. 78. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants and/or employees knew or should have known that Brother Radich had the propensity to sexually abuse minors, such as plaintiff, whom he came into contact with by and through his position of being a priest and working within the diocese. 79. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees had a duty to warn their parishes and/or parishioners, including plaintiff and/or his guardians, of Brother Radich’s propensity to sexually molest minors and of the fact that Brother Radich had previously sexually abused minors with whom he had come in contact with by and through his position of being a priest and working within the diocese prior to the time that he abused plaintiff. 80. At all times mentioned herein, defendant ST. BONAVENTURE UNIVERSITY and/or defendant’s agents, servants, and/or employees breached the above-stated duty in a negligent, reckless, willful and/or wanton manner by failing to warn or advise their parishes and/or 14 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 parishioners, including plaintiff and/or his guardians, of Brother Radich’s propensity to sexually abuse minors and of the fact that Brother Radich had previously sexually abused minors with whom he had come in contact with by and through his position of being a priest and working within the Diocese prior to the time that he abused plaintiff. 81. By reason of the foregoing, plaintiff is entitled to compensatory damages from defendant in such sums as a jury would find fair, just and adequate. 82. By reason of the foregoing, plaintiff is also entitled to punitive damages from defendant in such sums as a jury would find fair, just and adequate. 83. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 84. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A FIFTH CAUSE OF ACTION FOR NEGLIGENCE AS TO ST. JOSEPH MARONITE CATHOLIC CHURCH 85. Plaintiff repeats, reiterates and realleges each and every allegation contained in this Complaint marked and designated 1. through 84., inclusive, with the same force and effect as if hereinafter set forth at length. 86. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH owed a duty of care, and a duty in loco parentis, to children, including plaintiff, to keep said children safe from sexual abuse by defendant’s agents, servants and/or employees, under defendant’s supervision and control; sexually abuse that ultimately befell plaintiff. 87. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH and/or defendant’s agents, servants and/or employees breached the 15 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 above-stated duty in a negligent, reckless, willful, and wanton manner, and caused plaintiff to be sexually assaulted. 88. As a result of the negligence of defendant ST. JOSEPH MARONITE CATHOLIC CHURCH and/or defendant’s agents, servants and/or employees, plaintiff suffered serious personal injuries, emotional distress, mental and physical pain and suffering, mental anguish and/or physical manifestations thereof, and other losses, all of which have not yet been ascertained. 89. By reason of the foregoing, plaintiff is entitled to compensatory damages from defendant in such sums as a jury would find fair, just, and adequate. 90. By reason of the foregoing, plaintiff is entitled to punitive damages from defendant in such sums as a jury would find fair, just, and adequate. 91. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 92. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A SIXTH CAUSE OF ACTION FOR NEGLIGENT HIRING, RETENTION, AND SUPERVISION AS TO ST. JOSEPH MARONITE CATHOLIC CHURCH 93. Plaintiff repeats, reiterates and realleges each and every allegation contained in this Complaint marked and designated 1. through 92., inclusive, with the same force and effect as if hereinafter set forth at length. 94. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH had a duty to supervise and prevent known risks of harm to the children visiting and attending defendant’s church, by hiring, supervising, interviewing, and providing appropriate oversight to all agents, employees, and/or servants, including said employees 16 of 23 FILED: CATTARAUGUS COUNTY CLERK 08/12/2021 11:05 AM INDEX NO. 90683 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 interacting with children, including plaintiff, who attended ST. BONAVENTURE UNIVERSITY. 95. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH and/or defendant’s agents, servants, and/or employees negligently hired, retained and supervised personnel, including Brother Radich, and negligently hired, retained, and supervised personnel who were careless, unskillful, negligent, reckless and acted in a willful and wanton manner in not possessing the requisite knowledge, skill, and moral character of employees charged with ensuring child safety, and who should have properly supervised said agents, servants, and/or employees and church officials to ensure the safety of children attending defendant ST. BONAVENTURE UNIVERSITY . 96. At all times herein mentioned, defendant ST. JOSEPH MARONITE CATHOLIC CHURCH and/or defendant’s agents, servants, and/or employees knew or should have known that Brother Radich sexually abused and assaulted plaintiff and/or had the capacity and/or propensity to do same to children, including plaintiff.