INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
STATE
RECEIVED NYSCEF: 08/12/2021
NEW YORK
OF
SUPREME
WAYNE
COUNTY
COURT:
OF
ERIE
SMITH Index
No.
Plaintiff, v.
COMPLAINT THE
EPISCOPAL
DIOCESE
NEW
WESTERN
YORK; DIOCESE OF
EPISCOPAL
NORTHWESTERN MARY'S
ST.
OF THE
EPISCOPAL
PENNSYLVANIA; ON THE HILL
CHURCH CHURCH, Defendants.
Plaintiff,
by
through
and
plaintiff's
states
attorneys,
and
alleges
as follows:
PARTIES 1.
This
2.
At
of Buffalo,
is
Upon
Episcopal
not
1064
Brighton
of
to
to,
conduct
Road,
hereinafter
and
Erie,
of
and
corporations,
Tonawanda,
in
of New
the
plaintiff
New
and
York
was
decision
State
York
Child
Victims
was
and
at CPLR
codified
Act,
still
is a resident
of
214-g.
the
City
York.
belief,
New
Western
business
to the
mentioned,
State
information
civil
pursuant
is brought
times
Diocese
limited
authorized
all
County
3.
The
action
of
at
all
hereinafter
an organization
making
New
times
York,
14150.
3
3 of 15
or
entities,
with
its
defendant
mentioned,
entity
officials,
principal
which
includes,
and
place
but
employees,
of
business
at
..
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
4.
Mary's
Upon
Church
on
but
includes,
authorized
New
is
in
Erie,
information
not
of
("St.
times
hereinafter
was
Mary's") decision
State
the
in
and
the
belief,
Northwestern
limited
of
New
and
at
York
defendant
mentioned,
an organization
entity,
making
State
The
and
times
in
or entity,
and
official,
The
Episcopal
an
decision
Diocese
with
York,
hereinafter
was
corporations,
Episcopal
New
of
all
Pennsylvania
civil
to,
with
partnership
business
Street,
at all
corporation,
in
business
Diocese
but
employees,
Church
civil
to,
and
belief,
Episcopal
limited
Upon
includes,
and
St.
which
employee
Diocese
of
York.
Episcopal
conduct
Hill
conduct
5.
The
the
is not
to
Western
information
organization
New
Western
a principal
or
entities,
making
of
place
defendant
mentioned,
of
and
officials,
authorized
York,
business
which
entity
at
1145
to 6d'
West
16501.
Pennsylvania,
JURISDICTION 6.
and
This
Court
has
jurisdiction
is proper
pursuant
over
defendants
pursuant
to
C.P.L.R.
§§
301,
302(1)
302(4).
Venue
7.
Erie
County,
County,
and
8.
defendants
as the
causes
This
to
C.P.L.R.
maintain
a principal
of action
set forth
Complaint
is brought
§§
place
in this
under
the
of
503
and
business
complaint
Child
504
and
arose
Victims
in
that
the
transact
in
Erie
parties
reside
business
in
in
Erie
County.
Act.
FACTS 9.
Eccleston
At
remained
all
times
under
material,
the
direct
Cecil
Eccleston
supervision,
was
("Eccleston")
employ,
2
4 of 15
and
control
of
employed
defendants.
by
defendants.
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
Defendants
10.
children
St.
as an integral
Mary's
Hill
11.
At
all
12.
Plaintiff,
Defendants
of plaintiff
and,
14.
Eccleston
was
and/or
to
propensity
whether
its
known
abuse
of
for
or
custody
children
they
children
1965
or
access
and
to
and
worked
retained
with
Eccleston
at
fit
should
more
not
attending
abuse
abuse
have
and
Mary's.
sufficient
St.
of
known
knew
have
was
and
authority
over
plaintiff
contact
with
known
that
on
dependent
plaintiff
when
on the
Mary's
were
Hill.
defendants
entrusted
with
and
the
safety
plaintiff.
was
13
approximately
to
18
plaintiff.
Eccleston
a danger
was
plaintiff,
defendants
learned
children.
Defendants,
by
of
or
aware,
specifically,
St.
have
with
became
sexual
1971,
sexual
should
work
to
and
St.
to
children
plaintiff.
sexual
attending did
to
of
child,
of
for
responsibility
defendants
The
that
had
in unpermitted
the
employees,
16.
abuse
Eccleston
employees,
knew
defendants
vulnerable
assaulted
not
commit
had
placed
a parishioner
and
knew
to
was
a minor
had
sexually
Eccleston
servants
as
engaged
Prior
he
defendants
Specifically,
plaintiff
material,
Defendants
15.
that
times
approximately
Eccleston
old,
work.
where
in positions
as a minister.
and
From
Eccleston
of his
therefore,
13.
before
part
on the
Eccleston.
years
placed
the
should
risk
that
they
Eccleston,
or
to
plaintiff's
At
have
sufficient
were
fit
to work
with
At
very
least,
about
Mary's.
3
5 of 15
through
safety.
not
known
that
the
there
defendants
whether
there
should
aware
did
have
information
and
become
have
should
the
or
have
learned
their
agents,
of
the
Eccleston's
very
least,
information
the
about
children.
a risk
was
knew
was
of
or
a risk
the
sexual
should
of
child
have
sex
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
17.
children
and/or
sexually
assault
that
knowledge
and/or
19.
was
St.
children,
that
created
Mary's,
plaintiff
plaintiff
its
a
posed
a duty
foreseeable
was
to
to minor
risk
to
work
Eccleston
that
with
would
not
children.
care
the
protect
harm
victim.
to
As
and
agency
fit
because
risk
of
they
in
abuse
had
superior
general
in
its
children.
to
of
a foreseeable
employment,
injure
plaintiff,
was
and/or
reasonable
plaintiff
to
or cured
not
of
posed
facilities
owed
would
Eccleston
that
fixed
a duty
Eccleston
Eccleston's
a foreseeable
employing
risks
that
actions
to through
20.
risk
was
Eccleston
that
owed
Defendants
defendants'
access
the
misconduct
and/or
the
deemed
negligently
previous
children
about
attending
any
Defendants
18.
facilities
defendants
Instead,
plaintiff
from
plaintiff.
As
a vulnerable
association
child
with
the
because
harm
a
child
vulnerable
who
the
Eccleston
defendants,
had
plaintiff
victim.
Defendants
Eccleston
including
also
in a position
plaintiff,
and
their
breached
of
power
power
and
duty
and
authority
control
over
4
6 of 15
to
plaintiff
through
children,
by which
including
and
maintaining
actively Eccleston
plaintiff.
had
access
to
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
Defendants
21.
duties
but
includes,
facilities
were
facilities
as
policies
and
and
child
the
school
health
and
sexual
its
to
investigate
ordinary
care
from
child
sex
sex
to
and
to
adhere
to
type
train
its
of
the
to
engage
duty
to
plaintiff
have
make
of
the
to
to
child
sex
children
of
care
represent
of
signs
identify
engage
that
inform
standard
necessary
and
sure
adequately
applicable
timely
sufficient
policies
risks
properly
or
their
to protect
information
employees
failure
to
failure
to
to represent
to
investigate
to
their
implement
failure
working;
their
of
whether
to
measures
procedures;
and
failure
properly
failure
safety
amount
failure
employees;
were
failure
information
reasonable
abuse;
its
abuse;
as safe;
take
to
breach
determining
danger;
failure
abuse
test
the
a known
abuse;
in
sufficient
had
they
sex
agency
child
use
defendants'
mental
certified
professionals.
Defendants
of
plaintiff's
family
of
the
also
risk
and/or
24.
suspected
As
to
suffer,
a
great
personal,
their
of
of
of
emotional
and
of
other
children
result
pain
of
posed.
knowledge
abuse
manifestations
physical,
Eccleston
that
and/or
direct
their
breached
defendants'
Defendants
23.
and/or
of
from
to
failure
child
outside
The
sex
abuse;
risks
fellow
by
family
physical
the
employees
abuse
child
prevent
any
failure
safety;
plaintiff's
continue
of
programs
22.
known
to
plaintiff.
plaintiff
prevent
sex
to
whether
protect
child
to have
its
for
child
prevent
children
failure
attending
to
procedures
and
abuse,
to
duties
failure
to:
determining
failure
safe;
their
limited
not
and/or
safe
to
families
is
procedures
procedures
policies
breached
by
Defendants
the
and
distress,
psychological
violated
agents
Eccleston
defendants'
mind
occurrence
to law
further
of
severe
embarrassment,
injuries.
5
7 of 15
warn
failed
to warn
sexual
abuse.
legal
duty
by
plaintiff
and
plaintiff
and
failing
to
report
enforcement.
plaintiff
negligence,
body,
child
their
to
failing
by
and
has
permanent
loss
of
suffered,
emotional
self-esteem,
and
will
distress,
humiliation
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
25.
normal
daily
continue
to
information
was
activities
and
incur
and
26.
one
Plaintiff
belief
The
hundred
has
for
of the
will
alleged
N.Y.S.
incur
to
enjoyment
of
treatment,
loss
herein
Penal
AS AND
full
continue
psychological
and/or
conduct
thirty
the
obtaining
expenses
will
and
prevented,
of
would
be
and/or
life;
and/or
constitute
has
and
therapy,
income
from
prevented,
loss
of
a sexual
performing
incurred
and
counseling,
on
and,
capacity.
earning
offense
will
as defined
in
article
Law.
FOR
A
CAUSE
FIRST
OF ACTION:
NEGLIGENCE 27.
forth
Plaintiff
under
this
28.
figure
day,
incorporates
all
consistent
paragraphs
of
this
Complaint
as
if
set
fully
count.
as
Eccleston,
and
educator
before,
during,
who
and
an
had
after
servant
agent,
physical
school
29.
Defendants
owed
30.
Defendants
owed
and/or
of
custody
plaintiff
plaintiff
and
activities,
a duty
employee
reasonable
was
a religious
after
the
defendants,
before,
plaintiff
owed
of
of
and
during,
a duty care
of
to
school
care.
protect
the
plaintiff
from
injury.
special
31.
plaintiff's
its
32.
sexual
plaintiff.
Defendants
also
and
parents,
supervise
children
with
relationship
employees,
The
entrusted
abuse
of protection
inherent
not
agents,
special
to
other
necessary
had
such
for
a duty
a duty
parents
care.
a special
persons
arose
religious
are
care
because
special
defendants
with
relationship
children,
had
to
properly
of
vulnerability
a
plaintiff,
train
and
figures.
because
a result
its
vulnerable
of
of
relationship,
who
reasonable
from
young,
and
As
of
arising
of
educators,
relationship
defendants'
in
plaintiff
the
the
high
degree
high
degree
defendants
had
older
6
8 of 15
or better
able
of
vulnerability
a duty
to
to safeguard
establish
of
and
the
risk
measures
themselves.
of
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
Defendants
33.
defendants
fiduciary
over
empowerment
35.
for
fiduciary
36.
parentis
By
with
of
the
to
work
with
minor
plaintiff
from
defendants
result
harm
by
because
and
defendants
plaintiff,
assumed
a
and
a minor,
being
the
undertaking
had
plaintiff
of
minor
vulnerable
and
children,
plaintiff,
a
As
then
with
by
themselves
holding
this
plaintiff.
held
by
a position
position
of
Defendants
out
as
empowerment.
exploited
its
able
being
to
provide
Defendants
of
position
a safe
entered
thus
empowerment,
a
putting
assaulted.
of
custody
accepting
relationship
care
accepted
to be sexually
at risk
of
plaintiff.
defendants,
children,
relationship
plaintiff
the
protect
plaintiff.
Further,
environment
minor
of
as safe
care
to
duty
Eccleston.
Eccleston
with
undertaking
a
with
and/or
of,
relationship
defendants'
plaintiff
relationship
representing
By supervision
custody,
of
a special
had
34.
owed
plaintiff
and
the
in
minor
defendants
plaintiff,
so doing,
owed
plaintiff
established
to protect
a duty
an
in
plaintiff
loco
from
injury.
37.
the
accepting out
to
parentis,
and/or
be
a
minors
minor
implied
by
duty
as a participant
plaintiff
for
foreseeable
owed
control
plaintiff
Defendants
dangers.
its
supervise
as
a reasonably
its
activities,
accepting
plaintiff
and
a duty the
prudent
provide
properly
duty
to
parent
circumstances.
7
9 of 15
its
the
of
Church
minor
a reasonably supervise
exercise
would
the
have
on
and
facilities
defendants
plaintiff,
to
Mary's
holding
custody with
relationship
had
St.
administrating
in
plaintiff,
a fiduciary
to properly also
and/or
operating
establishing
Defendants
under
establishing,
environment
safe
and
children.
from
By
entered
plaintiff
degree
exercised
in
loco
an express
environment
to
Hill,
activities
plaintiff
safe
same
the
for
prevent
of
under
harm
care
over
similar
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
38.
By
participation
of
supervise
the
plaintiff
were
condition
harm
of
Defendants'
failures
to properly 41.
psychological
injuries,
of
with
AS AND
Plaintiff
forth
under
this
43.
abuse,
Defendants
and
further
sexual
known
this
would
unreasonably
safety,
and
cause
on
its
abuse,
premises
failing
the
foregoing,
and
the
accepting
by
a duty
to
properly
dangers.
protect
plaintiff
and
property
all
plaintiff
to
to,
by
from
aware
that
to
harm
because
Eccleston
posed
supervise
from
sustained
reasonable
use
properly
plaintiff
plaintiff
to
failing
failing
to protect
a
a known
care.
Eccleston,
danger.
physical,
and
emotional,
suffering.
A SECOND
plaintiff
Defendants
and
and
violence
violence
knew
to
sexual
and
CAUSE
OF
ACTION:
EMOTIONAL
OF
consistent
negligent
were
plaintiff
45.
and
paragraphs
DISTRESS of
this
Complaint
if
as
set
fully
count.
sexual
44.
its
limited
INFLICTION
incorporates
Defendants
harassment,
on
duties
not
pain
FOR
NEGLIGENT
42.
to
duty
Hill
plaintiff
owed
foreseeable
a
its
are
result
along
on the
property.
plaintiff
a direct
Church
defendants
generally
presence
but
include,
Mary's
activities,
plaintiff
breached
supervise
As
from
defendants'
on
its
plaintiff's
Defendants
40.
in
owed
aware
St.
operating
plaintiff
Defendants
defendants
failing
minor
to prevent
39.
dangerous
and
establishing
when
they
committed
by
or should
harassment,
to
endanger
suffer
severe
plaintiff
owed
from
a participant
Eccleston,
in
have
sexual
allowed
its
abuse,
and
plaintiff's
actions
and/or
violence,
safety,
emotional
to
be
exposed
to
sexual
Eccleston.
known
a duty
plaintiff
cause
would
inactions
and
or
knew
plaintiff
fear
subject
should
for
have
plaintiff's
distress.
to
protect
particularly
its programs.
8
10 of 15
while
plaintiff
plaintiff
from
was
sexual
in
harassment,
defendants'
care,
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
Plaintiff
46. defendants'
actions
47.
By
and/or
of
the
of all
emotional
as well
inactions,
reason
limits
the jurisdictional
severe
suffered
as fear
plaintiff
foregoing,
lower
AS AND
A THIRD
forth
under
this
At
and
defendants
committed
the
acting
in
the
sexual
abuse
which
52.
of
which
pre-hiring
this
amount
exceeding
jurisdiction.
this
Complaint
as
result
along
of
if
fully
set
not
agent
of
the
defendants
illegal
and/or
control
when
conduct
he
while
accomplished
the
placed
negligently have
been
Eccleston
subjected
to
had
in
a position
defendants
to
taken
Eccleston.
known
of
Eccleston's
plaintiff
foregoing,
and
pain
FOR
incorporates
and
an
propensity
for
the
type
of
injuries.
the
with
AND
would
have
or
in
engaged
was
and/or
by
employ
with
and/or
should
in plaintiff's
Plaintiff
hired
of
NEGLIGENT
under
safety.
authority.
investigation
resulted
LS
forth
of
employed
Eccleston
employment
plaintiff
knew
a
his
negligently
Defendants
injuries,
53.
an
to
OF ACTION:
supervision,
herein.
his job-created
hann
in its
of
was
direct
alleged
scope
and
virtue
As
psychological
have
paragraphs
consistent
defendants'
acts
Defendants
51.
in
due
HIRING
Eccleston
material,
under
wrongful
by
care
behavior
times
was
foreseeable
reasonable
all
course
50.
all
otherwise
CAUSE
physical
distress
court.
49.
cause
incorporates
Plaintiff
own
damaged
been
and
suffering
plaintiff's
would
NEGLIGENT
48.
for
mental
has
which
courts
FOR
and
physical,
and
emotional,
suffering.
A FOURTH
CAUSE
AND
TRAINING all
sustained
consistent
OF
SUPERVISION
paragraphs
count.
9
11 of 15
ACTION:
of
this
Complaint
as
if
fully
set
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
54.
At
defendants'
alleged
of
direct
herein.
his
material,
Eccleston
was
and
control
employ,
Eccleston
engaged
with
defendants
in the
wrongful
and/or
employed
when
he
conduct
defendants
by
committed
while
the
from
employment
the
abuse
was
acts
and
virtue
by
under
wrongful
course
in the
acting
sexual
accomplished
and
of
scope job-
his
authority.
55.
Eccleston
Defendants
did
56.
not
or
agents
behavior
Defendants
were
of a child
58.
and/or
chaperone,
investigate
and/or
procedures,
policies,
59.
procedures
In
for
reasonably 60.
psychological
employees
to
train
and
in
and
and
educate
procedures
the
its
to
Eccleston,
employees
calculated
employees
training,
and
train,
that
procedures
and
to
ensure
that
detect,
and
and
prevent,
instruction
and/or
supervise,
should
administrators
children.
supervision,
educate,
properly
and
and/or
regulations
and
person
would
As
a direct
result
with
negligent
additionally
Eccleston
prudent
along
of
its
monitor
when
followed
be
of
its
sexual
or observed.
defendants
of
pain
exercised
the
under
foregoing,
and
similar
plaintiff
suffering.
10
12 of 15
institute,
sexual
and
Eccleston,
to
failing
to create,
Eccleston's
administrators,
have
in
in failing
to prevent
supervise
to properly
failing
injuries,
negligent
policies
were
Defendants
its
between
conduct
to timely
regarding
is suspected
a duty policies
and
failed
employees
had
effective
and
Defendants
employees.
arising
children.
defendants
adequate
57.
a duty,
molest
sexually
inappropriate
address
had
Further,
establish
abuse
times
supervision,
employment
created
and
all
in
abuse
failing
failed
to
to
supervise,
and/or
monitor,
enforce
rules,
of plaintiff.
establish
exercise
such
the
care
training that
a
circumstances.
sustained
physical,
emotional,
and
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
AS AND
A FIFTH
FOR
CAUSE
NEGLIGENT 61.
forth
under
Plaintiff
this
became
Defendants
for
sexual
child
to investigate
failed
abuse
or remove
Defendants
63.
Eccleston's
all
consistent
paragraphs
this
Complaint
become
aware
of
to remedy
the
of
as
if
set
fully
count.
62.
propensity
incorporates
OF ACTION:
RETENTION
aware
and
failed
Eccleston
for
the
and/or
type
of
should
to take
from
negligently
propensity
or
have
further
any
with
working
which
problem
and
knowledge
of
children.
retained
recklessly
behavior
action
Eccleston's
with
Eccleston
resulted
in
plaintiff's
injuries
in
this
action.
64.
he had
Defendants
access
subjected
to had
65.
employment
of
care
children
to
that
of
and
defendants
In
to timely
failing
prudent
psychological
a direct
injuries,
along
result
with
AS AND
cause
forth
under
Plaintiff
this
incorporates
harm
which
Eccleston
in
plaintiff
would
a position
not
where
have
been
or terminate
the
reasonably.
remove
Eccleston
from
and/or
negligently
parent
of
would
the
pain
failed
recklessly
exercised
children
similar
under
sustained
to
exercise
the
degree
circumstances.
physical,
and
emotional,
suffering.
A SIXTH
all
with
working
plaintiff
foregoing,
and
FOR
have
PREMISES
67.
retained
recklessly
foreseeably
defendants
Eccleston,
As
could
acted
a reasonably
66.
and/or
negligently
CAUSE
OF
ACTION:
LIABILITY
consistent
paragraphs
count.
11
13 of 15
of
this
Complaint
as
if
fully
set
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/12/2021
Defendants
68.
defendants
danger
aware
were
on
its
By
on
of
its
entered
provide
a reasonably
safe
failures
on
its
protect
plaintiff
from
aware
and
property
breached
children
not
are
to,
to
failing
to
harm
because
Eccleston
that
posed
be a safe
supervise
on
its property.
to
properly
plaintiff
from
failing
use
to
failing
the
inviting
properly
by
protect
Mary's,
to
as plaintiff,
plaintiff
to
out
duty
such
limited
and
plaintiff,
programs
implied
duties
its
but
include,
and
and/or
for
St.
administrating
facilities
express
environment
supervise
properly
its
holding an
Defelidants
70.
to
to
duty
and/or
operating
and
property,
defendant
failing
a
presence
plaintiff's
establishing,
plaintiff,
Defendants'
plaintiff
a
property.
69.
plaintiff
owed
minor
environment
for
plaintiff
and
reasonable
supervise
care.
Eccleston,
a known
danger
on
its
property.
71.
As
abuse
sexual
Eccleston
by
72.
As
psychological
result
a direct
injuries,
defendants'
on
a direct
of
result
with
along
AS AND
FOR
forth
under
74.
child
abuse
otherwise
near
or with
Plaintiff
this
breach
the
foregoing,
and
its
duties,
plaintiff
was
subjected
to
all
became
aware
sustained
CAUSE
STATUTORY
incorporates
plaintiff
physical,
and
emotional,
suffering.
A SEVENTH
OF
of
property.
pain
B_REACH 73.
defendants'
of
consistent
OF
DUTY
ACTION:
TO REPORT of
paragraphs
this
Complaint
as
if
fully
set
incidents
of
count.
Defendants
and/or
investigate
access
maltreatment
the
child
by abuse
or
should
have
Eccleston
and
failed
and/or
maltreatment
to children.
12
14 of 15
become
to
take
and
aware
any remove
of
action
suspected
to
Eccleston
report,
from
remedy
working
or
INDEX NO. 811159/2021
FILED: ERIE COUNTY CLERK 08/12/2021 04:36 PM NYSCEF DOC. NO. 1
duty
RECEIVED NYSCEF: 08/12/2021
75.
Pursuant
to report
suspected
and/or
As
to
Social
of children,
of
the
investigation
sustain
physical,
violated
this
was
both
had
prompt
was
medical
a mandatory
by
to
failing
to law
report
enforcement.
willful.
prevented
and
attention,
psychological
and
emotional,
and
plaintiff
duty
Eccleston
by
knowing
foregoing,
and
statutory
plaintiff,
including
to report
result
defendant
§ 413,
of plaintiff.
agents
its
Law
Services
or maltreatment
failure
a direct
a thorough
of
continue
abuse
Defendants'
78.
York
and/or
suspected
77.
benefit
abuse
Defendants
76.
known
New
to
from
has
injuries,
and
sustained,
with
along
the
receiving
will
pain
and
suffering.
79.
fully
damages
Plaintiff's
recoverable
are
to New
pursuant
York
the
direct
Social
based
against
injuries
damages
would
DATED:
defendants
and
in
an
sought
otherwise
August
in
have
12,
amount
and
damages,
this
on
for
Complaint
the
will
other
exceeds
Law
and
fully relief
the
the
failure
to
report
and
for
judgment
for
plaintiff's
are
§ 420.
RELIEF, of
causes
foregoing
that
any
FOR
defendants'
of
Services
PRAYER WHEREFORE,
result
plaintiff
action,
compensate
fairly
deems
Court
jurisdictional
prays
plaintiff
The
appropriate.
limits
of
all
lower
jurisdiction.
2021
. Paul
K.
Barr, for
Attorneys Fanizzi 2303 Niagara (716)
13
15 of 15
& Pine
Esq. plaintiff P.C.
Barr, Avenue
Falls, 284-8888
New
York
14301
amount
courts
which
of