Legal Opinion
John Doe No. 6 v. Yeshiva & Mesivta Torah Temimah, Inc.
New York Supreme Court
Decided September 9, 2008Published
1Opinion of the Court
OPINION OF THE COURT
Jack M. Battaglia, J.
Plaintiff John Doe No. 6, so designated because “the allegations . . . concern the sensitive matter of sexual abuse upon him when he was a minor” (complaint If 2), seeks damages for that abuse from defendants Yeshiva & Mesivta Torah Temimah, Inc. and Rabbi Lipa Marguiles. The alleged abuser was a nonparty, Rabbi Yehuda, also known as Joel Kolko, a teacher at the Jewish day school operated by defendant Torah Temimah and directed by defendant Marguiles. Defendants move preanswer pursuant to CPLR 3211 (a) (5) and (7) for dismissal of the complaint,…
2Cases cited17 opinions
- Zumpano v. QuinnNew York Court of Appeals · 2006
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Henry v. City of New YorkNew York Court of Appeals · 1999
- Daniel J. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1991
- Texeria v. BAB Nuclear Radiology, P.C.Appellate Division of the Supreme Court of the State of New York · 2007
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