M.T. v. Yeshiva University

Summary

The Appellate Division, First Department affirmed an order declining to dismiss Child Victims Act claims against Yeshiva University, its high school, estate representatives, and Rabbi Robert Hirt. The court held that prior federal judgments dismissing related claims as time-barred or barred by res judicata did not create constitutionally protected vested property rights preventing the CVA's revival window from applying. The court also held that the complaint sufficiently pleaded negligent supervision, retention, and related claims against Hirt.

Holdings

1. The prior federal judgments dismissing plaintiffs' claims as time-barred did not themselves create a constitutionally protected vested property right in defendants. The Child Victims Act therefore does not violate due process by reviving the claims.
2. The Child Victims Act does not violate the Supremacy Clause because defendants identified no conflict between the statute and the Constitution or any federal law.
3. The complaint adequately stated claims against Hirt because it alleged that, within the scope of his authority, he knew or should have known of the alleged abusers' dangerous propensities and either condoned or covered up the abuse.

Questions Presented

1. Whether the Child Victims Act's revival of plaintiffs' otherwise time-barred claims violated defendants' constitutionally protected vested rights in prior federal judgments under the Due Process Clauses.
2. Whether application of the Child Victims Act to the prior federal judgments violated the Supremacy Clause.
3. Whether the complaint adequately stated negligent supervision, negligent retention, and negligent failure-to-provide-a-safe-environment claims against Rabbi Robert Hirt under CPLR 3211(a)(7).

Disposition

affirmed