Doe v. Niagara Falls City Sch. Dist.
| Decision Date | 03 February 2023 |
| Docket Number | 1015,CA 21-01223 |
| Citation | 213 A.D.3d 82,182 N.Y.S.3d 850 |
| Parties | PB-36 DOE, Plaintiff-Respondent, v. NIAGARA FALLS CITY SCHOOL DISTRICT, LaSalle Junior High School, Defendants-Appellants, and Robert Lewis, Defendant. New York State Office of the Attorney General, Intervenor-Respondent. |
| Court | New York Supreme Court — Appellate Division |
213 A.D.3d 82
182 N.Y.S.3d 850
PB-36 DOE, Plaintiff-Respondent,
v.
NIAGARA FALLS CITY SCHOOL DISTRICT, LaSalle Junior High School, Defendants-Appellants,
and
Robert Lewis, Defendant.
New York State Office of the Attorney General, Intervenor-Respondent.
1015
CA 21-01223
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: February 3, 2023
SHAUB, AHMUTY, CITRIN & SPRATT, LLP, LAKE SUCCESS (JONATHAN P. SHAUB OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
PHILLIPS & PAOLICELLI, LLP, NEW YORK CITY (YITZCHAK M. FOGEL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (ALEXANDRIA TWINEM OF COUNSEL), FOR INTERVENOR-RESPONDENT.
SHOOK HARDY & BACON L.L.P., NEW YORK CITY (SCOTT A. CHESIN OF COUNSEL), FOR AMERICAN TORT REFORM ASSOCIATION AND AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION, AMICI CURIAE.
PRESENT: WHALEN, P.J., SMITH, LINDLEY, BANNISTER, AND MONTOUR, JJ.
OPINION AND ORDER
It is hereby ORDERED that said appeal insofar as taken by defendant LaSalle Junior High School is unanimously dismissed and the order is affirmed without costs.
Opinion by Bannister, J:
The question presented on this appeal is whether the Child Victims Act's "reviv[al]" for statute of limitations purposes of certain civil claims by survivors of child sexual abuse ( CPLR 214-g ) violates the Due Process Clause of the New York State Constitution. We conclude that it does not.
Plaintiff commenced this action pursuant to the Child Victims Act (CVA) (see id. ) alleging that plaintiff was sexually abused over a period of several years in the early 1980s while attending school at LaSalle Junior High School (LaSalle) in the Niagara Falls City School District (District) (collectively, defendants) by defendant Robert Lewis, a former teacher. Defendants moved, inter alia, to dismiss the complaint against them as time-barred on the ground that the CVA is unconstitutional under the Due Process Clause of the New York State Constitution and thus that the CVA did not serve to revive
plaintiff's claims. As relevant here, Supreme Court denied the motion insofar as it sought to dismiss the complaint against the District in its entirety on that ground, and defendants appeal.
As an initial matter, we note that the appeal insofar as taken by LaSalle must be dismissed inasmuch as Supreme Court, on plaintiff's consent, granted the motion insofar as it sought to dismiss the complaint against LaSalle, and thus LaSalle is not "[a]n aggrieved party" ( CPLR 5511 ; see Haidt v. Kurnath , 86 A.D.3d 935, 935, 927 N.Y.S.2d 256 [4th Dept. 2011] ).
With respect to the merits, it is well settled that "a claim-revival statute will satisfy the Due Process Clause of...
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