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Episcopal Priest William Cecil Eccleston

Page 1

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


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