Tserotas v. Greek Orthodox Archdiocese of North and South America

• Decision Date: 01 June 1998
• Citation: Tserotas v. Greek Orthodox Archdiocese of North and South America, 673 N.Y.S.2d 1011, 251 A.D.2d 323 (N.Y. App. Div. 1998)
• Parties: 1998 N.Y. Slip Op. 5326 Helen TSEROTAS, Respondent, v. GREEK ORTHODOX ARCHDIOCESE OF NORTH AND SOUTH AMERICA, Defendant, Basilios Kapsalis, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 1011

673 N.Y.S.2d 1011

1998 N.Y. Slip Op. 5326

Helen TSEROTAS, Respondent, v.GREEK ORTHODOX ARCHDIOCESE OF NORTH AND SOUTH AMERICA, DefendantBasilios Kapsalis, Appellant.

Supreme Court of New York, Appellate Division Second Department.

June 1, 1998.

Spiros A. Tsimbinos, Kew Gardens, for appellant.

Andrew B. Schultz, Lake Success, for respondent.

In an action to recover damages for, inter alia, breach of fiduciary duty, the defendantBasilios Kapsalis appeals from so much of an order of the Supreme Court, Queens County(Golar, J.), dated September 4, 1997, as denied that branch of his motion which was to dismiss the first cause of action asserted in the amended complaint which was to recover damages for breach of fiduciary duty on the ground, inter alia, that it was barred by the Statute of Limitations (see, CPLR 3211[a][5] ).

ORDERED that the order is reversed insofar as appealed from, on the law, that branch of the appellant's motion which was to dismiss the first cause of action of the amended complaint insofar as asserted against him is granted, and the action against the remaining defendant is severed.

Although the plaintiff sought to recast her cause of action against the defendantBasilios Kapsalis, a Greek Orthodox priest, as one to recover damages for breach of fiduciary duty, the gravamen of the complaint is that he sexually assaulted...