Waterbury v. N.Y.C. Ballet, Inc.
| Decision Date | 25 September 2020 |
| Docket Number | INDEX NO. 158220/2018 |
| Citation | 2020 NY Slip Op 33132 (U) |
| Parties | ALEXANDRA WATERBURY, Plaintiff, v. NEW YORK CITY BALLET, INC., JARED LONGHITANO, CHASE FINLAY, SCHOOL OF AMERICAN BALLET, AMAR RAMASAR, ZACH CATAZARO Defendants. |
| Court | New York Supreme Court |
MOTION DATE __________
MOTION SEQ. NO. 005 006 007 008 009 010
DECISION + ORDER ON MOTION
The following e-filed documents, listed by NYSCEF document number (Motion 005) 83-96, 145-148, 165-173, 183 were read on this motion to/for DISMISS.
The following e-filed documents, listed by NYSCEF document number (Motion 006) 97, 98, 149, 150, 151, 152, 175, 184 were read on this motion to/for DISMISS.
The following e-filed documents, listed by NYSCEF document number (Motion 007) 100-107, 153-156, 174, 185 were read on this motion to/for DISMISS.
The following e-filed documents, listed by NYSCEF document number (Motion 008) 108-128, 157-160, 181, 186 were read on this motion to/for DISMISS.
The following e-filed documents, listed by NYSCEF document number (Motion 009) 129-132, 161-164, 176-180, 187 were read on this motion to/for DISMISS.
The following e-filed documents, listed by NYSCEF document number (Motion 010) 133-144, 182, 188 were read on this motion to/for DISMISS.
Upon the foregoing documents, the motions are resolved as follows:
Motion Sequence Nos. 005, 006, 007, 008, 009, and 010 are consolidated for disposition.
In Motion Sequence No. 005, defendant Chase Finlay ("Finlay") moves for an order, (1) pursuant to CPLR 3211(a)(1) and (a)(7), dismissing plaintiff Alexandra Waterbury's ("Waterbury") fourth cause of action for negligence, sixth cause of action for assault, seventh cause of action for battery, twelfth cause of action for violation of the Administrative Code of the City of New York ("Administrative Code") Section 10-180 ("NYCAC 10-180"),1 fifteenth cause of action for negligent infliction of emotional distress, sixteenth cause of action for intentional infliction of emotional distress, and nineteenth cause of action for invasion of privacy based on a lack of documentary evidence and for failure to state a cause of action; and (2), pursuant to CPLR 3024(b), striking scandalous and prejudicial material from the Complaint and removing the Complaint from the Court file.
In Motion Sequence No. 006, defendant Amar Ramasar ("Ramasar") moves for an order, pursuant to CPLR 3211(a)(7), dismissing Waterbury's fifth cause of action for negligence, eighth cause of action for assault, and ninth cause of action for battery with prejudice.
In Motion Sequence No. 007, defendant New York City Ballet, Inc. ("NYCB") moves for an order, pursuant to CPLR 3211(a)(1) and (a)(7), dismissing the SAC in its entirety as against it, with prejudice, for failure to state a cause of action.2
In Motion Sequence No. 008, defendant School of American Ballet ("SAB") moves for an order, pursuant to CPLR 3211(a)(1) and (a)(7), dismissing the SAC in its entirety as against it,with prejudice and for sanctions, pursuant to 22 NYCRR 130-1.1, against Waterbury, her counsel, and her counsel's law firm for filing the instant action.3
In Motion Sequence No. 009, defendant Zach Catazaro ("Catazaro") moves for an order, pursuant to CPLR 3211(a)(7), dismissing the SAC in its entirety as against him and awarding costs for defending against the instant litigation.4
In Motion Sequence No. 010, defendant Jared Longhitano ("Longhitano") moves for an order, pursuant to CPLR 3211(a)(7), dismissing the SAC in its entirety as against him for failure to state a cause of action.5
The Parties
During the relevant time period, Waterbury was a nineteen-year old ballet dancer and former student of SAB. NYSCEF Doc. No. 77, ¶ 12 (SAC).
NYCB is a domestic non-profit corporation that owns, operates, and manages the production company known as The New York City Ballet. Id., ¶¶ 13-14. SAB is alleged to be the official school for NYCB and shares the same founder and owner. Id., ¶ 25. It is also alleged that graduation from SAB is required to perform for NYCB. Id.
Finlay, Ramasar, and Catazaro were each employed by NYCB during the relevant time period as principal dancers, also commonly known as "principals" in ballet terms. Id., ¶¶ 18-23. In or about August 2018, Finlay resigned from NYCB. Id., ¶ 120. On August 28, 2018, NYCB suspended Ramasar and Catazaro as principals for their actions alleged herein and on September 15, 2018, NYCB terminated Ramasar and Catazaro as principals. Id., ¶¶ 120-21.
Longhitano was a junior board member of the NYCB and a founding junior board member of the Young Patrons Circle at the NYCB. Id., ¶ 54. Longhitano was also a member of the Young Patrons Host Committee for the NYCB and was responsible for hosting, managing, planning, and sponsoring fundraising events for the NYCB. Id., ¶ 56.
Factual and Procedural History
This action arises out of a romantic relationship between Waterbury, a former SAB student who left the SAB in June 2016, and Finlay, a former employee and principal dancer of the NYCB. Waterbury alleges that she met Finlay at the NYCB Fall Gala in September 2016 and the two became romantically involved shortly thereafter. NYSCEF Doc. No. 86, ¶¶ 3, 5 (Waterbury Aff.); NYSCEF Doc. No. 77, ¶ 36.
On or about May 15, 2018, Waterbury allegedly discovered that Finlay was secretly recording, saving, and sharing photographs and videos of her without clothing and/or engaging in sexual activity with him. NYSCEF Doc. No. 77, ¶ 4. In addition, she allegedly discovered that Finlay was encouraged to do so by Ramasar, whom she considered a friend, and that the explicit content was shared among other NYCB dancers, such as Ramasar and Catazaro. Id., ¶¶ 4, 5, 88, 101.
The SAC alleges multiples instances wherein Finlay, while a dancer and employee of NYCB, shared, without consent, nude photographs of Waterbury and other female NYCB dancers, as well as vulgar and demeaning text messages, with Longhitano, Catarzaro, and Ramasar: on September 3, 2017, Finlay sent a naked photograph of Waterbury with a lewd comment (id., ¶ 84); on September 8, 2017, Finlay exchanged multiple photographs of other female NYCB dancers (id., ¶¶ 85, 87); Longhitano and Catazaro exchanged lewd text messages with Finlay about female NYCB dancers, referring to them as "farm animals" and "sluts" (id., ¶¶ 59, 86); on October 9,2017, Finlay shared photographs of Waterbury wherein Finlay states that "I'm trying to get a sex tape with her cause I know that shit would sell" (id., ¶ 88); Finlay and Catazaro exchanged multiple intimate images of SAB dancers (id., ¶¶ 89-90); Catazaro and Finlay have a lewd exchange about creating a sex tape with a specific female NYCB dancer (id., ¶ 91); Finlay shared multiple intimate images of Waterbury and another NYCB female dancer accompanied by a lewd exchange (id., ¶¶ 92-95); on April 9, 2018, Finlay discussed his sexual experiences with Ramasar and a female NYCB dancer (id., ¶ 96); on May 21, 2018, Ramasar and Finlay exchanged photos of an NYCB female dancer, another female dancer, and multiple photos of Waterbury, undressed and performing a sexual act (id., ¶¶ 97-101); and on May 23, 2018, Finlay shared another photo of Waterbury (id., ¶ 102). As a result, Waterbury has suffered permanent psychological trauma. Id., ¶ 123.
Waterbury alleges that SAB and the NYCB are responsible for the aforementioned conduct of Finlay, Longhitano, Catarzaro, and Ramasar (collectively, the "individual defendants") because SAB and NYCB, "for many years," fostered a "fraternity-like" environment that "allowed, condoned, encouraged and permitted its male dancers to abuse, assault, degrade, demean, dehumanize and mistreat its female dancers and other women" and to "degrade and sexually exploit female students of SAB...." Id., ¶¶ 1, 27-32, 37-39, 44-45. The SAC provides several examples of NYCB and SAB condoning this type of environment. For instance, by allegedly continuing to employ a male principal dancer after he was sent to rehab for substance abuse and domestic violence issues after law enforcement involvement. Id., ¶ 47. In another instance, Finlay and other dancers allegedly had a party in Washington, D.C. that involved alcohol and drug use with underage girls, wherein Finlay and the dancers were fined over $150,000 for destruction of the hotel room. Id., ¶ 51. NYCB, in response, allegedly ordered its employees and principal dancersto restrict this type of activity to New York City where it would be easier to control, rather than suspend or discipline any of the offending employees. Id., ¶ 52. Further, during an NYCB event, Longhitano's microphone was cut off during a speech because he was allegedly excessively inebriated, but NYCB continued to accept his donations and continued to permit him access to NYCB events and dancers. Id., ¶ 60. The SAC further alleges that NYCB has continued to employ male dancers and directors in spite of complaints of sexual and physical abuse by female dancers. Id., ¶¶ 64, 69.
Waterbury contends that these incidents and failures of the NYCB to take appropriate action not only created an environment that signaled to Finlay and other male NYCB dancers that it was acceptable to sexually degrade and dehumanize female NYCB dancers, but also violated a duty of care that it had to protect these female NYCB dancers, as well as Waterbury. Id., ¶¶ 40-42, 78, 117, 126. The SAC further alleges that SAB and NYCB so dominated one another that they were alter egos of each other, essentially functioning as a single entity, thereby causing each to be liable for the tortious acts or negligence of the other. Id., ¶ 26.
On September 4, 2018, Waterbury commenced this action asserting causes of action against the NYCB and Finlay. NYSCEF Doc. No. 1. Waterbury subsequently amended her complaint twice, adding the following additional defendants: Ramasar, Catazaro, Longhitano, and SAB. See NYSCEF Doc....
To continue reading
Request your trial