Joshua S. v. Casey
Appellate Division of the Supreme Court of the State of New York
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
- Byrd v. FaberOhio Supreme Court · 1991
- Nally v. Grace Community ChurchCalifornia Supreme Court · 1988
- Moses v. Diocese of ColoradoSupreme Court of Colorado · 1993
- Schmidt v. BishopDistrict Court, S.D. New York · 1991
- 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
- N.H. v. Presbyterian Church (U.S.A.)Supreme Court of Oklahoma · 1999
- Doe v. AlsaudDistrict Court, S.D. New York · 2014
- Langford v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2000
- Wende C. v. United Methodist ChurchAppellate Division of the Supreme Court of the State of New York · 2004
- Adorno v. Correctional Services Corp.District Court, S.D. New York · 2004
21 more not listed; retrieve them via the Exa API.