Joshua S. by Paula S. v. Casey
| Decision Date | 15 July 1994 |
| Citation | 206 A.D.2d 839,615 N.Y.S.2d 200 |
| Parties | , 93 Ed. Law Rep. 268 JOSHUA S., An Infant, By PAULA S., His Mother and Natural Guardian, and Paula S., Individually, Appellant, v. Father Daniel CASEY, Saint Paul's Academy, Saint Paul's Parish and The Diocese of Syracuse of the Roman Catholic Church, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Birnbaum, McDermott and Friedman, P.C. by Irwin Birnbaum, Syracuse, for appellants.
MacKenzie, Smith, Lewis, Michell and Hughes by Barney Bilello, Syracuse, for respondent, Father Daniel Casey.
Hancock and Estabrook by Mark Schulte, Syracuse, for respondents, St. Paul's Church, St. Paul's Parish & Dioc. of Syracuse.
Before DENMAN, P.J., and PINE, FALLON, CALLAHAN and DAVIS, JJ.
Supreme Court properly granted defendant Casey's motion to dismiss the clergy malpractice cause of action. The instances of wrongful conduct alleged in the complaint constitute intentional torts, and, "once intentional offensive conduct has been established, the actor is liable for assault and not negligence" (Schmidt v. Bishop, 779 F.Supp. 321, 325, quoting Mazzaferro v. Albany Motel Enters., 127 A.D.2d 374, 376, 515 N.Y.S.2d 631). Moreover, we are unaware of any authority supporting the proposition that sexual abuse by a member of the clergy is cognizable as "clergy malpractice" (see, e.g., Nally v. Grace Community Church of the Valley, 47 Cal.3d 278, 253 Cal.Rptr. 97, 763 P.2d 948, cert. denied 490 U.S. 1007, 109 S.Ct. 1644 104 L.Ed.2d 159; Moses v. Diocese of Colorado, 863 P.2d 310 [Colo.], cert. denied --- U.S. ----, 114 S.Ct. 2153, 128 L.Ed.2d 880; Byrd v. Faber, 57 Ohio St.3d 56, 565 N.E.2d 584; White v. Blackburn, 787 P.2d 1315 [Utah App.].
The court also properly granted the motion of defendants St. Paul's Elementary School, St. Paul's Church and the Roman Catholic Diocese of Syracuse, incorrectly sued as Saint Paul's Academy, Saint Paul's Parish and the Diocese of Syracuse of the Roman Catholic Church, respectively, to dismiss the cause of action alleging liability under the doctrine of respondeat superior. An employer may be liable for the acts of an employee, whether negligent or intentional, if the acts complained of are within the scope of employment and in furtherance of the employer's business (Noto v. St. Vincent's Hosp. & Med. Ctr., 160 A.D.2d 656, 656-657, 559 N.Y.S.2d 510, lv. denied 76 N.Y.2d 714, 564 N.Y.S.2d 718, 565 N.E.2d 1269; see, Cornell v. State of New York, ...
To continue reading
Request your trial
-
NH v. Presbyterian Church (USA)
...infra; Konkle v. Henson, 672 N.E.2d 450, 457 (Ind.App.1996); H.R.B. v. J.L.G., 913 S.W.2d 92, 96 (Mo.App. 1995); Joshua S. v. Casey, 206 A.D.2d 839, 615 N.Y.S.2d 200 (1994); Jones v. Trane, 153 Misc.2d 822, 591 N.Y.S.2d 927, 931 (1992); Reynolds v. Zizka, 1998 WL 123047 (Conn.Super.1998); R......
-
Adorno v. Correctional Services Corp., 01 Civ.9970(GWG).
...found no vicarious liability for claims involving sexual misconduct, including sexual assault. See, e.g., Joshua S. v. Casey, 206 A.D.2d 839, 839, 615 N.Y.S.2d 200 (4th Dep't 1994) (sexual abuse of a child by a priest); Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401, 402, 611 N.Y.S.2d 615 (2......
-
Doe v. HRH Prince Abdulaziz Bin Fahd Alsaud, Saudi Oger Ltd.
...Dep't 1994) (dismissing complaint alleging employer liability for rape of child patient by hospital security guard); Joshua S. v. Casey, 206 A.D.2d 839, 839, 615 N.Y.S.2d 200 (4th Dep't 1994) (upholding dismissal of respondeat superior claim for sexual abuse of a child by a priest); Koren v......
-
Doe v. Alsaud
...Dep't 1994) (dismissing complaint alleging employer liability for rape of child patient by hospital security guard); Joshua S. v. Casey, 206 A.D.2d 839, 839, 615 N.Y.S.2d 200 (4th Dep't 1994) (upholding dismissal of respondeat superior claim for sexual abuse of a child by a priest); Koren v......
-
RETRIBUTION AGAINST CATHOLIC DIOCESES BY REVIVAL: THE EVOLUTION AND LEGACY OF THE NEW YORK CHILD VICTIMS ACT.
...673 N.Y.S.2d 1011, 1012 (App. Div. 1998); Sharon B. v. Reverend S., 665 N.Y.S.2d 139, 140 (App. Div. 1997) (citing Joshua S. v. Casey, 615 N.Y.S.2d 200, 200 (App. Div. 1994); Doe v. Roe, 596 N.Y.S.2d 620, 621 (App. Div. 1993); Mazzaferro v. Albany Motel Enters., 515 N.Y.S.2d 631, 632 (App. ......
-
Employer liability for employee online criminal acts.
...violent that, as a matter of law, they were not within the scope of employment"); Wagstaff, 615 S.W.2d at 608; Joshua S. v. Casey, 615 N.Y.S.2d 200 (N.Y. App. Div. 1994) (holding that a priest's sexual abuse of a child was, as a matter of law, not within the scope of employment); Forester v......