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  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
  • David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist ChurchTorts - Child Victims Act document preview
						
                                

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FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 SUPREME COURT OF THE STATE OF NEW YORK BROOME COUNTY DAVID DYMOCK, Index No. EFCA2021002072 Plaintiff, - against - BROOME COUNTY, BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, CHILDREN’S HOME OF WYOMING CONFERENCE, WYOMING CONFERENCE OF THE UNITED METHODIST CHURCH, and THE UPPER NEW YORK CONFERENCE OF THE UNITED METHODIST CHURCH, Defendants. Defendants, The Upper New York Conference of the United Methodist Church and Wyoming Conference of the United Methodist Church (collectively, “the Conference”), by and through its attorneys, Eckert Seamans Cherin & Mellott, LLC, as and for an answer to the complaint filed by the plaintiff, David Dymock, (“plaintiff”), hereby respond as follows: 1. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “1.” 2. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “2.” 3. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “3.” 4. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “4.” 5. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “5.” -1- 1 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 6. The Conference admits that it is a non-profit organization incorporated within the State of New York. The remaining allegations of this paragraph are legal conclusions to which no response is required. 7. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “7.” 8. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “8.” AS TO THE PARTIES 9. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “9.” 10. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “10.” 11. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “11.” 12. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph “12.” 13. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “13.” 14. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “14.” 15. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph “15.” -2- 2 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 16. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “16.” 17. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph “17.” 18. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “18” as the allegations of this paragraph relate to another defendant. 19. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “19” as the allegations of this paragraph relate to another defendant. 20. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “20” as the allegations of this paragraph relate to another defendant. 21. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “21” as the allegations of this paragraph relate to another defendant. 22. The Conference denies the allegations contained in paragraph “22” of the Complaint. 23. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “23.” 24. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations in paragraph “24” as these allegations are vague. 25. The Conference denies the allegations contained in paragraph “25.” -3- 3 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 26. The Conference admits that it was formed in 2010. The remaining allegations of paragraph “26” are denied as legal conclusions. 27. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “27” as these allegations are directed towards another defendant. 28. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “28” as these allegations are directed towards another defendant. 29. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “29” as these allegations are directed towards other defendants. 30. The Conference denies the allegations contained in paragraph “30.” 31. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “31.” 32. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “32.” AS TO BACKGROUND AND SEXUAL ASSAULT OF PLAINTIFF 33. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “33.” 34. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “34.” 35. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “35.” -4- 4 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 36. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “36.” 37. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “37.” 38. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “38.” 39. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “39.” 40. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “40.” 41. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “41.” 42. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “42.” 43. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “43.” 44. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “44.” 45. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “45.” 46. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “46.” -5- 5 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 47. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “47.” 48. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “48.” 49. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “49.” 50. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “50.” 51. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “51.” 52. The Conference denies the allegations contained in paragraph “52.” 53. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “53.” 54. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “54.” 55. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “55.” AS TO NOTICE-FORESEEABILITY 56. The Conference denies the allegations contained in paragraph “56.” 57. The Conference denies the allegations contained in paragraph “57.” 58. The Conference denies the allegations contained in paragraph “58.” 59. The Conference denies the allegations contained in paragraph “59.” -6- 6 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 AS TO DUTY 60. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “60.” 61. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “61.” 62. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “62.” 63. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “63.” 64. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “64.” 65. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “65.” 66. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “66.” 67. The Conference lacks information or knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph “67.” 68. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “68.” 69. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “69.” 70. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “70.” -7- 7 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 71. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “71.” 72. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “72.” 73. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “73.” 74. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “74.” 75. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “75.” 76. The Conference denies the allegations contained in paragraph “76.” 77. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “77.” 78. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “78.” 79. The Conference denies the allegations contained in paragraph “79.” 80. The Conference denies the allegations contained in paragraph “80.” 81. (a) – (l) The Conference denies the allegations contained in paragraph “81.” 82. The Conference denies the allegations contained in paragraph “82.” AS TO BREACH 83. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “83.” 84. The Conference denies the allegations contained in paragraph “84.” -8- 8 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 85. The Conference denies the allegations contained in paragraph “85.” AS AND FOR COUNT I Negligence 86. The Conference repeats all of its responsive allegations above as if set forth here. 87. The Conference denies the allegations contained in paragraph “87.” 88. The Conference denies the allegations contained in paragraph “88.” 89. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “89.” 90. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “90.” 91. The Conference denies the allegations contained in paragraph “91.” 92. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “92.” 93. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “93.” 94. The Conference denies the allegations contained in paragraph “94.” 95. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “95.” 96. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “96.” 97. The Conference denies the allegations contained in paragraph “97.” 98. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “98.” -9- 9 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 99. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “99.” 100. The Conference denies the allegations contained in paragraph “100.” 101. The Conference denies the allegations contained in paragraph “101.” 102. The Conference denies the allegations contained in paragraph “102.” 103. The Conference denies the allegations contained in paragraph “103.” 104. The Conference denies the allegations contained in paragraph “100.” AS AND FOR COUNT II Negligent Hiring, Retention, Supervision, or Direction 105. The Conference repeats all of its responsive allegations above as if set forth here. 106. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “106.” 107. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “107.” 108. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “108.” 109. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “109.” 110. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “110.” 111. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “111.” 112. The Conference denies the allegations contained in paragraph “112.” - 10 - 10 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 113. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “113.” 114. The Conference denies the allegations contained in paragraph “114.” 115. The Conference denies the allegations contained in paragraph “115.” 116. The Conference denies the allegations contained in paragraph “116.” 117. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “117.” 118. The Conference denies the allegations contained in paragraph “118.” 119. The Conference denies the allegations contained in paragraph “119.” 120. The Conference denies the allegations contained in paragraph “120.” 121. The Conference denies the allegations contained in paragraph “121.” 122. The Conference denies the allegations contained in paragraph “122.” 123. The Conference denies the allegations contained in paragraph “123.” 124. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “124.” 125. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “125.” 126. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “126.” 127. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “127.” 128. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “128.” - 11 - 11 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 129. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “129.” 130. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “130.” 131. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “131.” 132. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “132” as the allegations of this paragraph are directed towards another defendant. 133. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “133” as the allegations of this paragraph are directed towards another defendant. 134. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “134.” 135. The Conference denies the allegations contained in paragraph “135.” 136. The Conference denies the allegations contained in paragraph “136.” 137. The Conference denies the allegations contained in paragraph “137.” AS AND FOR COUNT III Breach of Statutory Duty to Report Abuse under Soc. Serv. Law §§ 413 and 420 138. The Conference repeats all of its responsive allegations above as if set forth here. 139. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “139.” 140. The Conference denies the allegations contained in paragraph “140.” - 12 - 12 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 141. The Conference denies the allegations contained in paragraph “141.” 142. The Conference denies the allegations contained in paragraph “142.” AS AND FOR COUNT IV Premises Liability (against Children’s Home) 143. The Conference repeats all of its responsive allegations above as if set forth here. 144. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “144.” 145. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “145.” 146. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “146.” 147. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “147.” 148. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “148.” 149. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “149.” 150. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “150.” 151. The Conference lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “151.” WHEREFORE, Defendants, The Upper New York Conference of the United Methodist Church and Wyoming Conference of the United Methodist Church hereby request the entry of a - 13 - 13 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 judgment dismissing the complaint in its entirety, with prejudice, together with the costs and disbursements of this action and for any expenses incurred in the defense thereof, including defense attorneys’ fees and costs. FIRST AFFIRMATIVE DEFENSE The complaint and each cause of action thereof, fails to set forth facts sufficiently detailed so as to give the court and the parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of each cause of action or defense. SECOND AFFIRMATIVE DEFENSE The complaint, and each cause of action thereof, fails to set forth facts sufficient to state a claim upon which relief may be granted against the Conference and fails to state facts sufficient to entitle plaintiff to the relief requested, or any relief whatsoever against the Conference. THIRD AFFIRMATIVE DEFENSE Any purported damages allegedly suffered by plaintiff were the result of the acts or omissions of third parties over whom the Conference does not have control. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s complaint is barred by the doctrine of laches and the statute of limitations. FIFTH AFFIRMATIVE DEFENSE Any alleged damages sustained by plaintiff were, at least in part, caused by the actions of other persons and resulted from their negligence, which equaled or exceeded any alleged negligence or wrongdoing by the Conference. - 14 - 14 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 SIXTH AFFIRMATIVE DEFENSE Plaintiff’s causes of action, and more specifically, the Child Victims Act violates the Conference’s right to the due process of law under the United States Constitution and the New York State Constitution. SEVENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred, in whole or in part, by documentary evidence. EIGTHTH AFFIRMATIVE DEFENSE The Conference reserves their right to claim the limitations of liability pursuant to Article 16 of the CPLR, for any recovery by the plaintiff for any non-economic losses. NINTH AFFIRMATIVE DEFENSE Some or all of plaintiff’s claimed damages are barred and/or reduced by NY CLS CPLR § 4545. TENTH AFFIRMATIVE DEFENSE The Conference had no notice, either actual or constructive, of the alleged abuser’s dangerous propensities. ELEVENTH AFFIRMATIVE DEFENSE At the time of the alleged abuse, the Conference did not have care, custody, or control over the plaintiff. TWELFTH AFFIRMATIVE DEFENSE The Conference reserves their rights under General Obligations Law § 15-108 and CPLR Article 14 against all parties. THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate damages. - 15 - 15 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff’s damages, if any, were the result of superseding or intervening causes committed by third parties. FIFTEENTH AFFIRMATIVE DEFENSE The Conference took reasonable actions to protect the plaintiff as a minor. SIXTEENTH AFFIRMATIVE DEFENSE Even if the alleged abuser were considered an agent of the Conference, his actions were outside the scope of employment. SEVENTEENTH AFFIRMATIVE DEFENSE Punitive damages are not recoverable under the due process clause of the United States Constitution and the New York State Constitution. EIGHTEENTH AFFIRMATIVE DEFENSE The Conference has not engaged in an elevated level of misconduct that would warrant an award of punitive damages. NINETEENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred by the doctrine of accord and satisfaction. TWENTIETH AFFIRMATIVE DEFENSE The Conference did not owe the plaintiff a legal duty of care at the time plaintiff suffered the alleged abuse. TWENTY-FIRST AFFIRMATIVE DEFENSE The Conference did not have notice of any alleged dangers presented by the alleged abuser. TWENTY-SECOND AFFIRMATIVE DEFENSE The Conference cannot be held vicariously liable for an alleged act of sexual abuse. - 16 - 16 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 TWENTY-THIRD AFFIRMATIVE DEFENSE The Complaint fails to allege a specific sexual offense in Article 130 of the New York State Penal Law or the material elements of the sexual offense as required by NY CLS CPLR § 214-g. TWENTY-FOURTH AFFIRMATIVE DEFENSE The Complaint fails to allege the age of the alleged abuser, which is necessary for Penal Law sexual offenses based on age. TWENTY-FIFTH AFFIRMATIVE DEFENSE The Conference did not employ a mandatory reporter under Soc. Serv. Law §§ 413 and 420. TWENTY-SIXTH AFFIRMATIVE DEFENSE The Conference did not receive a report of abuse from a parent, guardian, or legal custodian such that a duty to report was triggered under Soc. Serv. Law §§ 413 and 420. TWENTY-SEVENTH AFFIRMATIVE DEFENSE The Conference did not own or control the premises identified in the Complaint. TWENTY-EIGHTH AFFIRMATIVE DEFENSE Defendant, Wyoming Conference of the United Methodist Church is not a legal entity that is subject to suit in New York. TWENTY-NINETH AFFIRMATIVE DEFENSE The Conference reserves their right to assert additional affirmative defenses as discovery and investigation continue. WHEREFORE, Defendants, The Upper New York Conference of the United Methodist Church and Wyoming Conference of the United Methodist Church hereby request the entry of a judgment dismissing the complaint in its entirety, with prejudice, together with the costs and - 17 - 17 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 disbursements of this action and for any expenses incurred in the defense thereof, including defense attorneys’ fees and costs. CONFERENCE’S CROSS-CLAIMS Defendants, The Upper New York Conference of the United Methodist Church and Wyoming Conference of the United Methodist Church (collectively, the “Conference”), by way of cross-claims against co-defendants, Broome County and Broome County Department of Social Services, (collectively, the “Cross-Claimed Co-Defendants”), hereby state as follows: FIRST CAUSE OF ACTION – INDEMNIFICATION 1. The Conference repeats all of their responsive allegations above as if set forth here. 2. Without admitting any liability whatsoever to plaintiff and the injuries alleged, if the Conference is found liable to the plaintiff for damages by reason of the alleged acts complained of, the Conference’s negligence or other wrongful conduct was merely constructive, technical and passive and plaintiff’s damages and injuries arose through the direct and primary negligence or other wrongful conduct of the Cross-Claimed Co-Defendants in this action. SECOND CAUSE OF ACTION – CONTRIBUTION 3. The Conference repeats all of their responsive allegations above as if set forth here. 4. While denying all liability to plaintiff, the Conference hereby asserts a claim for contribution against the Cross-Claimed Co-Defendants and any affiliated companies or entities pursuant to Article 14 of the CPLR, General Obligations Law § 15-108, and any other applicable law. - 18 - 18 of 20 FILED: BROOME COUNTY CLERK 10/29/2021 03:24 PM INDEX NO. EFCA2021002072 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2021 ANSWER TO ALL CROSS-CLAIMS 1. All cross-claims for contribution alleged, and all related factual allegations, are denied as to the Conference. 2. All cross-claims for indemnification alleged, and all related factual allegations, are denied as to the Conference. WHEREFORE, Defendants, The Upper New York Conference of the United Methodist Church and Wyoming Conference of the United Methodist Church hereby demand the entry of judgment granting the following relief: (a) a judgment over and against the Cross-Claimed Co- Defendants on its cross-claims for the amount of any judgment or verdict which may be obtained by plaintiff against the Conference; (b) the dismissal of all cross-claims made against the Conference for contribution or indemnification, with prejudice; and (c) an award of costs and disbursements of this action, plus any and all attorneys’ fees and costs. Respectfully submitted, ECKERT, SEAMANS, CHERIN & MELLOTT, LLC By: /s/ Nicholas M. Gaunce Nicholas M. Gaunce Dated: October 29, 2021 - 19 -