ALL THE FACTS WERE IN THE CHURCH’S “SOLE POSSESSION AND CONTROL”
After the New York County Supreme Court denied the Archdiocese’s request to dismiss a sexual abuse case which had been filed against it, an appeal ensued.
And upon its review, the Appellate Division, First Department, concluded that MO’s claims -- that he had been sexually abused back in 1985 or 1986 by priest who was associated with Lincoln Hall, a residential school and facility for boys – properly survived dismissal.
While the archdiocese argued that MO had failed to provide “specific facts,” such as the priests’ identity (by name), nor asserted that the facility had notice of the latter’s “criminal proclivities,” the AD1 thought that was of little consequence at this stage of the litigation, particularly given “such information [was] in the sole possession and control of Lincoln Hall.”
Should we light a candle for the Archdiocese here?
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DECISION