Legal Opinion

Joshua S. v. Casey

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1994PublishedCited by 26 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: 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 AD2d 374, 376). Moreover, we are unaware of any authority supporting the proposition that sexual abuse by a member of the clergy is cognizable…

2Cases cited9 opinions

  1. Byrd v. FaberOhio Supreme Court · 1991
  2. Nally v. Grace Community ChurchCalifornia Supreme Court · 1988
  3. Moses v. Diocese of ColoradoSupreme Court of Colorado · 1993
  4. Schmidt v. BishopDistrict Court, S.D. New York · 1991
  5. Mazzaferro v. Albany Motel Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. N.H. v. Presbyterian Church (U.S.A.)Supreme Court of Oklahoma · 1999
  2. Doe v. AlsaudDistrict Court, S.D. New York · 2014
  3. Langford v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2000
  4. Wende C. v. United Methodist ChurchAppellate Division of the Supreme Court of the State of New York · 2004
  5. Adorno v. Correctional Services Corp.District Court, S.D. New York · 2004

21 more not listed; retrieve them via the Exa API.

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