INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
STATE
RECEIVED NYSCEF: 08/10/2021
NEW YORK
OF
SUPREME
AL
556
COUNTY
COURT
OF
ONONDAGA
DOE, COMPLAINT
VERIFIED Plaintiff, Index
No.:
-against-
THE
EPISCOPAL
DIOCESE EPISCOPAL
TRINITY
YORK, 5 whose
OF
identities
are
to
1-
DOES
and
CHURCH,
unknown
NEW
CENTRAL
Plaintiff,
Defendants.
as
Plaintiff,
PLLC
Frament,
1.
Law
Section
as
a
New
prohibited
less
than
prior
to
eighteen
set
14,
forth
complaint,
Anderson
and
by
through
& Associates,
relevant
files
to
this
this
because
is a revival
action
complaint
this
his
attorneys,
and
states
PA,
Plaintiff
Complaint,
involves
action
which
follows:
as
in
resided
&
Wein
LaFave,
alleges
the
of
County
of
263.05
at
years
of
2019,
the
the
age.
terms
the
time
As
of
New
York
which
Child
of
Victims
herein.
1
3 of 15
Civil
to
on
or
Law,
was action
Act,
York
Child
emotional
offense
Penal
conduct
cause
New
the
and
a sexual
a civil
the
to
psychological,
cõñstitute
pursuant
Rights
assault.
pursuant
physical,
name
a fictitious
a sexual
brought
would
conduct
under
case
alleges
Section
such
August
his
York.
conduct
and/or
130
claims
of
This
of
result
that
the
times
This
214-g.
Article
all
50-b
3.
CPLR
Jeff
Plaintiff
2.
for
and
At
State
Oneida,
and
a minor
CPLR
injuries
as
Act,
suffered
defined
a predecessor
committed
was
Victim's
in
statute
against
a
child
previously
time
barred
Section
214-g,
revive
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/10/2021
4.
Whenever
includes
that
successors
of
transaction
while
the
and
5.
Upon
of
in the
6.
at
7.
the
8.
oversaw,
124
a
all
authority
all
At
New
supervised
the
is
made
to
any
act,
deed
or
in the
act,
deed,
or
or
employees
agents,
control
direction,
reference
predecessors,
engaged
entity
to
mentioned
of
Central
The
times
and
was conduct
Boonville,
representatives
or
transaction
of
directed
mentioned
controlled
Oneida,
Trinity
was
The
those
who
2
4 of 15
to
North
be
a
conduct
Suite
Street,
of
New
with
State
of
New
York.
church
Trinity
non-profit
State
a
or
parish
religious
its
principal
within
and
Diocese.
Central
New
York
Episcopal
Diocese
New
York
Episcopal
Diocese
Trinity.
operated
herein,
to
Defendant
times,
in the
of
The
and
7th
was
Diocese")
authorized
1020
relevant
Episcopal
herein,
at
Episcopal
York.
business
York
The
Episcopal
entity
continues
County
New
or
all
at
and
York
office
New
of
Defendant
times,
New
principal
herein,
mentioned
relevant
Central
belief,
"Trinity")
times
its
State
and
authorized
times
with
York,
all
organization
religious
information
Street,
at
"The
Onondaga,
controlled,
all
that
management,
belief,
(herein
non-profit
of
Schuyler
At
York
of
entity
At
in the
affiliates,
reference
directors,
and
(herein
managed,
9.
managed,
or
means
such
entity
affairs.
County
Church
organization
under
be
Upon
Episcopal
allegation
information
State
Liverpool,
whenever
officers,
Defendant
any
subsidiaries,
addition,
its
New
to
to
companies,
engaged
or
Central
continues
office
through
actively
business
business
200,
or
entity's
Diocese
the
entity,
any
were
In
made
is
parent
assigns.
by
they
its
entity,
and
transaction
reference
Central
were
employed
or
otherwise
worked
for
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
Trinity,
RECEIVED NYSCEF: 08/10/2021
but
including,
and
engaged
11.
an
Diocese
priest
to
York
times
mentioned
their
Rev.
Church
assigned
with
Section
by
premises
identities
will
be
1024.
Marshall
The
on
lay
Trinity.
whose
agents
Albert
deacons,
were
they
employment
CPLR
to
herein,
while
unknown
5 are
rectors,
("Rev.
New
Central
was
Marshall") York
Episcopal
all
14.
At
all
times
Episcopal
16.
At
mentioned
Rev.
Marshall
was
employed
by
The
herein,
Rev.
Marshall
was
employed
by
Trinity.
under
the
mentioned
times
control
and
employ
where
herein,
Central
Diocese.
At
15.
and
Episcopal
to
pursuant
mentioned
of The
Episcopal
supervision,
York
all
At
13.
positions
times
both
volunteers,
related
known
pastors,
Trinity.
12.
New
all
At
ordained
become
they
and
1 through
Does
curates,
priests,
activities
Defendants
when
to,
personnel
in off-premises
10.
provided
limited
other
and
administrators,
not
he
had
all
times
of
access
to
Rev.
herein,
the
and
mentioned
Marshall
Defendants.
Defendants
with
worked
children
Plaintiff
herein,
remained
as
attended
an
placed
Rev.
integral
part
Trinity
in
The
direct
Marshall
of
his
Central
in
work.
New
Diocese.
Plaintiff
and
of
representative
Plaintiff's
family
came
with
in contact
Rev.
Marshall
as
an
Defendants.
17.
Plaintiff
participated
in youth
18.
Each
Defendant
had
19.
Each
Defendant
accepted
20.
Each
Defendant
had
and/or
activities
of
custody
the
church
Plaintiff.
entrustment
for
responsibility
3
5 of 15
of
Plaintiff.
Plaintiff.
activities
at
Trinity.
agent
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
12
RECEIVED NYSCEF: 08/10/2021
21.
Each
Defendant
22.
From
approximately
years
Rev.
old,
23.
in
that
24.
to
Rev.
that
26.
known
Rev.
that
should
have
to
to
of
known
Marshall
was
should
have
to
to
Plaintiff.
place
Rev.
Marshall
Rev.
Marshall
was
a danger
Plaintiff.
with
their
with
not
that
Defendants
Plaintiff,
work
contact
Plaintiff
10
approximately
Plaintiff.
to
assaulted
through
and
by
a danger
fit
sexual
care
pose
abuse
not
of
was
Plaintiff
knew
or
should
have
children.
servants
agents,
a
danger
to
and/or
knew
employees,
children
before
he
sexually
Plaintiff.
Defendants
information
about
institutions
within
28.
for
knew
whether
the
children
information
Diocese
Defendants
in
30.
who
whether
Episcopal
Defendants
had
sexually
not
their
were
safe.
or
should
knew
participating
about
participating
or
or
Defendants
29.
agents
was
when
unperrnitted
sexually
sexual
the
Marshall
have
27.
abuse
to
Plaintiff.
1967,
a duty
or
Marshall
Defendants,
should
molested
owed
knew
to
in
foreseeably
Rev.
Prior
25.
or
would
before
1965
Defendant
over
authority
engaged
Defendants
children
known
Marshall
Each
a setting
had
knew
or
in
Episcopal
or
should
not
programs
knew
molested
leaders
known
was
there
activities
have
should
children.
4
6 of 15
a
that
that
risk
within
known
did
they
people
was
activities
that
of
the
that
a
have
sufficient
at
Episcopal
risk
within
they
child
not
working
there
and
programs
have
that
and
known
have
and
or
known
did
sex
not
of
the
have
abuse
for
child
Diocese.
sufficient
children
Diocese.
Defendants
had
sex
numerous
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/10/2021
31.
rate
of
knew
Defendants
knew
or
have
should
known
that
child
molesters
have
a
high
recidivism.
32.
people
was
Defendants
in
working
a danger
of
Episcopal
should
within
children
for
abuse
known
have
institutions
sex
child
or
Defendants
negligently
34.
Defendants
negligently
were
that
of
not
in their
participating
deemed
33.
Diocese
the
some
that
Marshall
previous
leaders
and
safe
youth
Rev.
the
and
that
there
work
with
that
Rev.
programs.
was
fit
to
children.
Marshall
had
were
35.
in general
about
in their
programs
Defendants'
actions
38.
offered
to
39. Defendants'
40.
employing
Defendants
As
As
created
a
Defendants
Rev.
Marshall
and
Rev.
Marshall
injure
children.
would
Rev.
Marshall
posed
the
risks
that
their
facilities
Plaintiff
to
to
child
risk
of
problems
in a positioñ
whom
to
their
of
protect
harm
to
not
care
because
Plaintiff,
the
posed
to
Plaintiff
had
they risk
minor
from
sexually
of
abuse
children.
harm
because
Plaintiff.
programs
Rev.
was
Plaintiff
breached
to
would
and
activities
Defendants
victim.
a foreseeable
child
reasonable
in the
participating
programs,
also
of
duty
a foreseeable
was
not
that
a duty
vulnerable
facilities
that
a
and/or
owed
Plaintiff
deemed
Plaintiff
risk
the
a vulnerable
minors,
any
Marshall
owed
knowledge
37.
Rev.
that
Defendants
that
cured.
negligently
and/or
36.
superior
or
Defendants
children
assault
fixed
deemed
duty
power
and
5
7 of 15
Marshall
a foreseeable
to
Plaintiff
authority
had
access
through
victim.
by
actively
through
which
maintaining
Rev.
and
Marshall
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
had
RECEIVED NYSCEF: 08/10/2021
access
to
and
41.
Each
42.
Defendants
Plaintiff's
abuse
in
the
power
and
control
over
children,
that
44.
its
their
breached
risk
that
duties
Rev.
to
the
Plaintiff
to
duty
Marshall
Plaintiff.
posed
by and
to
failing
the
risks
warn
of
Plaintiff
child
sexual
institutions.
Defendants
also
Defendants
abuse
of
failed
had
Defendants
suspected
and
Plaintiff,
breached
also
of
Episcopal
43.
law
Defendant
family
knowledge
the
including
Plaintiff.
the
including
children,
warn
to
about
also
by
Rev.
relevant
times,
or
sexual
child
violated
children
Plaintiff
legal
a
Marshall
Plaintiff's
about
family
of
any
the
abuse.
duty
by
and/or
to
failing
their
other
report
agents
known
to
the
and/or
police
and
enforcement.
45.
minister
sexual
to
great
take
entice,
with
contact
46.
Plaintiff
all
At
As
has
pain
the
a direct
of
and
of
personal
to
be
prevented,
of
life,
and/or
has
47.
As
a
normal
direct
and
and
will
Defendants'
sexual
and
permanent
continue
proximate
to
and
incur
6
8 of 15
physical
eñ7cticñal
of
was
activities
result
a
priest
and/or
or
abuse
sexually
conduct
loss
Plaintiff
daily
as
have
a minor.
suffer,
injuries.
performing
incurred
of
position
assault,
embarrassment,
distress,
psychological
and
from
severe
body,
emotional
to
his
sexually
was
result
continue
used
and
Plaintiff
proximate
will
Marshall
Plaintiff
while
and
and
mind
of the
Plaintiff
suffered,
manifestations
physical,
control
Rev.
damage
obtaining
herein,
and
abuse,
physical
distress,
self-esteem,
prevented,
and
described
humiliation,
and
the
will
full
continue
enjoyment
expenses.
of
the
foregoiñÿ,
Plaintiff
sustained
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/10/2021
physical,
and
emotional,
48.
exceeds
As
the
psychological
of the
a result
jurisdictional
injuries,
foregoing,
limits
of all
AS AND 49.
set
forth
Plaintiff
repeats
and
Plaintiff
has
courts
which
lower
A
FOR
with
along
been
prior
all
and
suffering.
damaged
in an
would
CAUSE
FIRST
realleges
pain
otherwise
OF
amount
have
which
jurisdiction.
ACTION of the
paragraphs
complaint
as
if fully
herein.
50.
Each
Defendant
51.
Each
Defendant
undertook
voluntarily
to
care
control,
and/or
for,
supervise
Plaintiff.
Plaintiff
to
with
from
Each
53.
Defendants
was
children
54.
physical,
Defendant
not
exceeds
that
was
As
a
As
the
to
fully
set
forth
57.
work
direct
and
a result
duty
its
duties
of
in
children
of
reasonable
care
to
protect
the
psychological
limits
repeats
FOR and
Rev.
injuries,
of all
had
result
foregoing,
lower
care.
known
and
before
nature
proximate
and
AND
have
should
with
of the
jurisdictional
Plaintiff
or
sexual
AS 56.
a
breached
knew
fit
emotional,
55.
Plaintiff
injury.
52.
children,
owed
that
a
Rev.
of
along
the
foregoing,
with
pain
has
courts
which
would
CAUSE
OF
all
realleges
prior
been
engage
a danger
in
assaulted
sexually
Plaintiff
A SECOND
to
propensity
Marshall
was
Marshall
Plaintiff.
Plaintiff
and
conduct
sustained
suffering.
in an
damaged
otherwise
amount
have
which
jurisdiction.
ACTION
paragraphs
of
the
Complaint
as
herein.
At
all
times
material,
Rev.
Marshall
7
9 of 15
was
employed
by
Defendants
and
was
if
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
under
RECEIVED NYSCEF: 08/10/2021
each
wrongful
Defendant's
acts
alleged
58.
the
abuse
and
Marshall
of
scope
virtue
by
of
and
employ,
supervision,
when
control
he
committed
the
herein.
Rev.
course
direct
his
engaged
his
in
employment
the
wrongful
with
Defendants
illegal
and
conduct
and/or
while
accomplished
in
acting
the
sexual
authority.
job-created
59.
Defendants
had
a duty
to
ensure
60.
Defendants
had
a duty
to
train
adequate
and
that
Rev.
Marshall
did
not
molest
sexually
children.
establish
and
and
prevent,
address
61.
with
the
The
of
use
62.
of
Rev.
abuse
their
and
policies
behavior
inappropriate
educate
of
complained
and
procedures
conduct
and
herein
employees
calculated
between
occurred
on
administrators
to
and
clerics
detect,
children.
Defendants'
and/or
property
chattels.
Defendants
were
negligent
Defendants
failed
in the
hiring,
and
properly
supervision
training,
and
instruction
Marshall.
63.
monitor
their
64.
sexual
and/or
rules,
of
65.
abuse
the
of
were
investigate
policies,
to
procedures
timely with
employees
Defendants
chaperone
enforce
or
agents
when
followed
abuse
effective
and
a child
regard
to
or
and/or
and/or
train,
and/or
supervise,
procedures
that
should
be
observed.
in
negligent
Marshall
and
policies
is suspected
additionally Rev.
educate,
in
regulations
failing
to
to
failing
prevent
to
supervise,
institute
create,
Rev.
Marshall's
monitor,
and/or
sexual
Plaintiff.
In failing
to
properly
supervise
Rev.
8
10 of 15
Marshall
and
in failing
to
establish
such
INDEX NO. 007102/2021
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RECEIVED NYSCEF: 08/10/2021
or
procedures
training care
that
a
and
employees
prudent
reasonably
Defendants
administrators,
or
person
have
would
entity
failed
to
exercised
exercise
under
the
similar
circumstances.
66.
to
children
children
in
68.
As
physical,
a
exceeds
the
a result
set
fully
Plaintiff
forth
71.
under
wrongful
in
the
sexual
negligently
acts
course
and
of
along
Plaintiff
has
courts
which
A THIRD
CAUSE all
realleges
Marshall
was
a danger
prior
Rev.
Marshall
conduct
the
with
foregoing,
with
pain
children
to
fit
was
that
Plaintiff
and
suffering.
damaged
in an
would
OF
not
plaintiff.
the
been
was
sustained
have
otherwise
which
amount
jurisdiction.
ACTION
paragraphs
of
this
Complaint
as
herein.
At
each
FOR
in
assaulted
injuries,
lower
that
engage
result
foregoing,
AND
known
sexually
of all
repeats
to
Rev.
that
Plaintiff.
have
proximate
and
limits
AS 70.
Marshall
known
assaulted
propensity
of the
jurisdictional
have
should
psychological
and
As
or
a
Rev.
direct
emotional,
69.
had
before
should
sexually
knew
and
nature
or
Marshall
Defendants
with
sexual
Rev.
before
67.
work
knew
Defendants
all
times
direct
Defendant's
alleged
and
abuse
by
72.
Defendants
hired
supervision,
herein.
scope
virtue
and/or
of
Marshall
Rev.
material,
Rev.
his
his
job-created
were
retained
Marshall
engaged
with
employed
control
and
employ,
employment
of
was
in the
Defendants
by
Defendants
when illegal
he
conduct
and/or
and
was
committed
while
the
acting
accomplished
the
authority.
in
negligent
the
Clarence
hiring
Bryden
9
11 of 15
of
their
and/or
employees.
negligently
Defendants
placed
Rev.
if
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/10/2021
Marshall
in
subjected
a
to
position
had
to
cause
Defendants
taken
73.
Defendants
for
propensity should
have
the
the
to
74.
their
would
not
have
been
investigation
pre-hiring
a
of
exceeds
As
the
a result
and
forth
77.
wrongful
acts
78.
sexual
investigate
Plaintiff's
time
past
should
diligence,
injuries
Defendants
in
hired
this
Rev.
of inappropriate
history
have
of
his
action
or
knowledge
known
Marshall.
conduct
of
Rev.
and,
Marshall's
result
foregoing,
limits
of all
AND
repeats
injuries,
along
Plaintiff
has
courts
which
lower
A FOURTH
FOR
and
of
all
realleges
the
foregoing,
with
pain
been
prior
and
suffering.
damaged
in an
would
CAUSE
Plaintiff
otherwise
OF
sustained
amount
have
which
jurisdiction.
ACTION
paragraphs
of
the
Complaint
as
if
herein.
At
each
the
Marshall's
proximate
of the
jurisdictional
Plaintiff
at
psychological
AS 76.
in
with
abuse.
direct
and
Rev.
Marshall
resulted
behavior
reasonable
sexual
emotional,
75.
to
Plaintiff
in
Rev.
which
such
of
child
As
physical,
child
which
care
hired
behavior
investigate
exercise
for
propensity
of
about
failed
through
under
reasonable
negligently
type
known
Defendants
set
harm
Bryden.
Clarence
fully
foreseeable
all
times
Defendant's
Defendants
or
direct
was
Marshall
supervision,
employ,
employed
and
by
Defendants
control
when
Marshall's
he
and
committed
was the
herein.
alleged
abuse
Rev.
material,
and
remove
knew failed
Rev.
or
to
have
known
of
Rev.
further
action
to
remedy
should
take
Marshall
any
from
working
10
12 of 15
with
children.
the
propensity problem
and
for
failed
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/10/2021
79.
Defendants
for
propensity 80.
access
to
subjected
children
81.
care
exceeds
prudent
and
emotional,
As
the
of
direct
a result
jurisdictional
resulted
Rev.
limits
of all
which
Marshall
have
a
in this
position
Plaintiff
from
injuries,
failed
his
action.
where
not
would
of
along
Plaintiff
has
courts
which
11
13 of 15
to
the
foregoing,
with
pain
been
would
with
working
under
exercised
result
lower
in
of
knowledge
injuries
Marshall
Defendants
would
foregoing,
with
Plaintiffs
harm
Rev.
proximate
Marshall
he
had
been
have
care.
Marshall,
psychological
of the
Rev.
reasonable
person
and
in
cause
remove
timely
Rev.
retained
taken
to
failing
a
which
foreseeably
employment
As
83.
could
Defendants
a reasonably
82.
physical,
behavior
negligeritly
and
had
In
the
that
of
type
Defendants
to
terminate
the
retained
negligently
exercise
the
similar
or
degree
circumstances.
Plaintiff
and
suffering.
damaged
in an
otherwise
children
sustained
amount
have
which
jurisdiction.
of
INDEX NO. 007102/2021
FILED: ONONDAGA COUNTY CLERK 08/10/2021 10:28 AM NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 08/10/2021
on
severally,
which
jurisdiction,
the
Plaintiff's
exceeds
action,
the
together
and
such
demands
Plaintiff
WHEREFORE,
First,
Second,
jurisdictional
with
interest
other
and
limits
as
further
judgment
Fourth
and
Third,
of
against
all
lower
allowed
relief
as
Causes
the
of
which
Courts
the
statute,
by
Defendants,
Action
in
would
costs
deems
Court
jointly
otherwise
and
just
an
disbursements
and
proper.
Dated:
by:
yn
for:
hi
. LaF
ve,
& Framen
Wein
LaFave,
for
Attorneys 1 Wall
(
Es
, PLLC
Plaintiff
Street
New
Albany,
York
12205-3827
518-869-9094
R.
Jeffrey Taylor Jeff
C.
55
New
West York,
646-759-2551
12
14 of 15
Esq.
Stippel,
& Associates,
Anderson
Attorneys
Esq.
Anderson,
for 39th
P.A.
Plaintiff Street,
New
York
11
th
Floor
10018
and
amount
have
of