Summary
The Appellate Division, First Department, affirmed the denial of the Archdiocese of New York's motion for summary judgment in a Child Victims Act action alleging sexual abuse by a priest at Aquinas High School. The court held that issues of fact remained regarding whether the Archdiocese owed the plaintiff a duty of care, exercised control over the school, and had notice of the priest's propensity to abuse children.
Topics
Practice areas
Questions Presented
- Whether the Archdiocese established prima facie that it owed plaintiff no duty of care for purposes of summary judgment.
- Whether the Archdiocese eliminated all factual issues concerning whether it exercised sufficient control over Aquinas High School to owe plaintiff a duty of care.
- Whether the Archdiocese eliminated all factual issues concerning its notice of the priest's propensity to abuse children.
Holdings
- The Archdiocese was not entitled to summary judgment because it failed to demonstrate prima facie that it did not owe plaintiff a duty of care.
- The Archdiocese was not entitled to summary judgment because it failed to eliminate all issues of fact concerning whether it had notice of Parrakow's propensity to abuse children before he abused plaintiff.
Key quotations
“The Archdiocese's own documents and deposition testimony show that there is an issue of fact as to whether the Archdiocese operated and controlled, at least in part, Aquinas High School” ([*1])
“Here, the Archdiocese similarly failed to eliminate all issues of fact as to whether it had notice of Fr. Parrakow's propensity to abuse children before he abused plaintiff.” ([*1])
Factual background
Sone A. Wilson alleges that she was sexually abused by Edmond Parrakow, a priest who taught at Aquinas High School while she was a student there. The Archdiocese's evidence showed that it set Parrakow's salary and benefits, approved his teaching assignment, and retained authority to remove him, although the Dominican Convent handled the school's day-to-day operations. The record also contained evidence bearing on whether the Archdiocese had notice of Parrakow's propensity to abuse children before the alleged abuse occurred.
Procedural history
Supreme Court, New York County, denied the Archdiocese's motion for summary judgment dismissing plaintiff's claims against it. The Appellate Division, First Department, unanimously affirmed the order insofar as appealed from, without costs.