MM-1-DOE v Catholic Diocese of Peoria 2024 NY Slip Op 33288(U) September 17, 2024 Supreme Court, New York County Docket Number: Index No. 950246/2019 Judge: Sabrina Kraus Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 950246/2019 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 09/17/2024
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SABRINA KRAUS PART 57M Justice ----------------------------------------------------------------- ----------------X INDEX NO. 950246/2019 MM-1-DOE, MOTION DATE 05/28/2024 Plaintiff, MOTION SEQ. NO. 006 - V -
CATHOLIC DIOCESE OF PEORIA, ST. JOHN THE BAPTIST CATHOLIC CHURCH OF CLINTON, ILLINOIS, DECISION + ORDER ON MOTION Defendants.
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The following e-filed documents, listed by NYSCEF document number (Motion 006) 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98,100,101 were read on this motion to/for SUMMARY JUDGMENT
BACKGROUND
Plaintiff commenced this action seeking damages for sexual abuse he alleges was
perpetrated on him by a Priest who was ordained by and the agent and or employee of
defendants. Discovery is complete, and Plaintiff filed his note of issue on June 28, 2024.
Defendants now move for summary judgment based on their defense that the court lacks
long arm jurisdiction over them, or alternatively based on Plaintiff's failure to include his claim
against Defendants in a 2010 bankruptcy filing.
The caption of the action is amended to reflect that the action was discontinued against
the Archdiocese of New York.
For the reasons set forth below, the motion is denied.
ALLEGED FACTS
The following facts are alleged in Plaintiff's statement of facts.
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From age 6 to 16, Plaintiff was groomed and sexually abused by Father Robert Creager
("Creager"). Creager was employed by the Catholic Diocese of Peoria ("CDOP") and was
assigned as the pastor of St. John the Baptist Catholic Church of Clinton, Illinois ("St. John").
St. John was a parish church and was part of CDOP and under the direction and authority of the
Bishop of the CDOP.
Plaintiff was molested in Illinois, which was known to defendants, and was subject to
sexual abuse by Creager while in New York City in September of 1980. At that time, Plaintiff
and Creager were in New York City as part of a pilgrimage to New York, and later to Rome and
Holy Land sponsored, hosted, and directed by defendants. The pilgrimage included prayer, mass,
the sacraments and religious discussion in NY, Rome, and the Holy Land. Creager, with the
assistance and approval of CDOP and St. John, planned and lead the pilgrims.
In New York, Creager led Plaintiff to historic religious sites, 19th century churches for
immigrants arriving in America and to St. Patrick's Cathedral in New York City. They prayed
and participated in mass at the churches. Creager also lead prayers and said mass and
administered the sacraments in the hotel room he shared with Plaintiff.
Creager also heard the confession of Plaintiff in the hotel room in NY during the
pilgrimage. The Hotel Room is where Plaintiff was abused.
Creager was the pastor at St. John for years before the pilgrimage. Creager solicited the
Plaintiff and others to become religious pilgrims both privately and from the pulpit. Creager
asked parishioners and others attending mass at St. John to join the pilgrimage to New York,
Rome, and the Holy Land during his homilies at St. John in the months before the pilgrimage.
Plaintiff served Creager' s masses at St. John as an altar server and witnessed the above
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solicitations. Three ladies, Ms. Rapier, Ms. Irwin and Ms., Leeker, joined them. The ladies were
directed by Creager to chaperone and supervise Plaintiff during the pilgrimage.
Defendants advertised, organized, planned, and arranged the pilgrimage. Defendants
decided where Plaintiff went to mass, prayer, received the sacraments, and what activities were
pursued during the pilgrimage Plaintiff shared a room with Creager.
Plaintiff disputes Defendants' claim that the pilgrimage was really controlled by a travel
agency. Plaintiff alleges that although the travel agency offered an itinerary in Rome and the
Holy Land, its involvement with the supervision, education, and leadership of the CDOP
pilgrims was nonexistent. Moreover, the CDOP pilgrims did not follow the itinerary provided by
the travel agency, but instead were directed by Creager as to pilgrimage activities.
In preparation for the pilgrimage to NY, Rome, and the Holy Land, the CDOP required
the appointment of Creager as a short-term guardian of the minor Plaintiff during the pilgrimage.
CDOP provided the short-term guardianship documents to Plaintiff's parents to sign. The
guardianship documents appointed Creager as Plaintiff's guardian during the pilgrimage.
Pursuant to the Statutes for Synod Six in effect at the time, Priests were not permitted to
accept guardianship of a child without permission of the bishop. The guardianship documents
arrived at Plaintiff's home in a CDOP envelope with a letter from the CDOP to Plaintiff's
parents. Upon receipt, Plaintiff's father called the offices of CDOP and talked to officials there.
Plaintiff's father was advised by CDOP officials that the guardianship appointment of Creager
was a requirement the plaintiff due to his young age and for medical purposes during the
pilgrimage. As a result, Plaintiff's parents signed the guardianship documents and mailed them
to CDOP.
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Defendants knew and should have known through their employees of prior instances of
sexual abuse and sleeping with minors by Creager.
In 1956, minors were sexually abused by Creager at Sacred Heart School in Moline,
Illinois. There were at least three alleged sexual abuse victims in Moline prior to 1960 according
to CDOP documents. In 1956, there was an additional instance of sexual abuse by Creager in
DeWitt county, Illinois, a county separate from the city of Moline.
In 1960, Creager responded to the missing letter of Bishop Franz that he would per the
Bishop's suggestion, join the military. Bishop Franz recommended Creager to the Military
Ordinariate, which was in New York at the time. The Military Ordinariate is also known as the
Archdiocese of the Military with diocesan authority over all Catholic priests in the U.S. military.
The recommendation of Bishop Franz was acknowledged by clergy in New York where the
Military Ordinariate was headquartered at the time. CDOP Bishop Franz recommended Creager
by letter to the Military Ordinariate in New York on 5/12/60. The CDOP failed to reveal any
abuse allegations against Creager to the Military Ordinariate at the time of his recommendation
to the military and to the Military Ordinariate.
However, on 5/17/60, the Military Ordinariate wrote to the CDOP expressing
"misgivings" about Creager's planned release/discharge by CDOP without an assignment from
the Military Ordinariate. This suspicion of Creager by the Military Ordinariate due to his
discharge by the CDOP was communicated to CDOP in a letter to Bishop Franz. Despite being
made aware of the Military Ordinariates concerns regarding Creager being unassigned, on
5/31/60, CDOP Bishop Franz discharged Creager.
Creager was assigned by the Navy as an officer and a chaplain in January of 1961, after
months of being unassigned to a position. Within a few months, Creager was forced to resign by
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the Navy due to sexual improprieties with young men. Creager initially sent a letter to Bishop
Franz on July 14, 1961, stating that he could not accept an overseas tour without "jeopardizing
[his] priesthood and possibly [his] salvation" and that he would be informing the Military
Ordinariate of his intention to return to CDOP. He explained that he feared war and worried he
would become a recluse and be unable to carry out his priestly duties as a result.
On July 30, 1961, the Military Ordinariate in New York sent a letter to Bishop Franz
explaining the circumstances surrounding Creager's departure from the military. The Military
Ordinariate wrote, "I regret to write that Fr. Robert Creager has been asked to submit his
resignation and he should be returning to the diocese about September 1st. I don't have the
details, but it is suggested that in a future assignment he be appointed to a busy parish where he
not have time to associate too much with young men as effeminate ones may cause him trouble."
Plaintiff alleges that this letter from New York clergy to the bishop of CDOP was code
used by the Military Ordinariate that was understood by the defendant Diocese. and implied it
was for sex with young men. 1 Creager was sent back by the Military Ordinariate to the CDOP to
continue as a priest. The records of the defendants contain no investigation of Creager following
the letter from the Military Ordinariate, no criminal referral to police, and no disclosure to the
public or members of the church by clergy in NY or Illinois.
Creager continued abusing several minor boys when he returned to the Diocese. Plaintiff
testified that defendants' employees, including the housekeeper of Creager at St. John, knew that
plaintiff slept with Creager in the rectory and even washed the minor plaintiff's pajamas when he
slept there.
1 It is unclear to the Court whether this pertained to homosexuality or also implicated an attraction to and involvement with minors. 950246/2019 MM-1-DOE vs. CATHOLIC DIOCESE OF PEORIA Page 5 of 12 Motion No. 006
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According to the Report of the Attorney General of Illinois, the defendants conscious! y
failed to act when they knew of sexual crimes against minors in the past prior to the abuse here.
Bishop Meyers of CDOP claimed lack of knowledge regarding sex abuses brought to the
attention of the Diocese because of "haphazard" filing. He also testified that it was not the
Church's practice to tell the public about priest sexual abuse, because CDOP wished to protect
the reputation of the priest. The Bishop attempted to reinstate a priest who had molested a boy
and was surprised that the parents were "so upset." In some instances, the Bishop simply
assigned the accused priest to a new parish.
The hiding of sexual allegations against priests of the Peoria diocese was a "practice"
according to the report of the attorney general of Illinois. In the Attorney General Report,
Abusive Clerics and Religious Brothers in the Peoria Diocese are discussed. Creager is one of
the priest abusers discussed and allegations of his abuse were deemed credible by CDOP.
DISCUSSION
Summary Judgment Standard
It is well settled that summary judgment is a drastic remedy and should not be granted
where there is any doubt as to the existence of a material issue of fact. Black v. Kohl's Dept.
Stores, Inc., 80 A.D.3d 958 (3rd Dept. 2011); Benizii v. Bank ofHudson, 50 A.D.3d 1372 (2008).
Considering the drastic nature of the remedy, the party moving for summary judgment must
establish primafacie entitlement to judgment as a matter of law. Jacobsen v. New York City
Health and Hospitals Corp., 22 N.Y.3d 824 (2014); Voss v. Netherlands Ins. Co., 22 N.Y.3d 728
(2014). "This burden is a heavy one and on a motion for summary judgment, facts must be
viewed in the light most favorable to the non-moving party." Jacobsen at 833.
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The non-moving party must be accorded the benefit of every reasonable inference from
the record proof. Winne v. Town of Duanesburg, 86 A.D.3d 779 (2011). It is not the Court's role
to determine issues of fact or credibility, but merely to determine whether such issues exist. Vega
v. Restani Const. Corp., 18 N.Y.3d 499 (2012); Green v. Quincy Amusements, Inc., 108 A.D.3d
591 (2013); Pearson v. Dix McBride, LLC, 63 A.D.3d 895 (2009).
If the proponent of summary judgment fails to make a prima facie showing of entitlement
to judgment as a matter oflaw, then the court must deny the motion, regardless of the sufficiency
of the opposition set forth by the opponent of the motion. Voss, supra; Smalls v. AJI Industries,
Inc., IO N.Y.3d 733 (2008). The proponent of a motion for summary judgment cannot rely
merely on conclusory, unsubstantiated assertions. Longtemps v. Oliva, 110 A.D.3d 1316 (2013).
It is likewise insufficient for the proponent of summary judgment to merely point to gaps
in the defendant's proof DiBartolomeo v. St. Peter's Hosp. of City ofAlbany, 73 A.D.3d 1326
(2010); Rachlin v. Michaels Arts & Crafts, 118 A.D.3d 1391 (2014). A motion for summary
judgment should not be granted if there is uncertainty as to the existence of triable issues of fact
when viewing the evidence in the light most favorable to the party opposing the motion. Flower
v. Noonan, 271 A.D.2d 825 (2000).
In this action, Defendants have failed to meet their burden of establishing judgment as a
matter oflaw.
This Court Has Jurisdiction Over Defendants Pursuant to CPLR 302(A)(l)
CPLR §302 subsections (a)(l), New York's long arm statute, provides in relevant part:
302. Personal jurisdiction by acts of non-domiciliaries.
(a) Acts which are the basis of jurisdiction.
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As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent:
1. transacts any business within the state or contracts anywhere to supply goods or services in the state;
The Court of Appeals has repeatedly recognized that CPLR §302(a)(l) "is a 'single act
statute' and proof of one transaction in New York is sufficient to invoke jurisdiction." Kreutter v
McFadden Oil Corp., 71 NY2d 460, 467 [1988]. In addition to the "single act", personal
jurisdiction attaches where: (1) "the defendant's activities here were purposeful"; and (2) there is
a substantial relationship between the transaction and the claim asserted." Id.
In PC-16 Doe v. Hill Regional Career High Sch., 223 A.D.3d 518 (2d Dept. 2024).
The Appellate Division held in pertinent part:
... plaintiff has made a prima facie showing that defendants are subject to personal jurisdiction under CPLR 302 (a) (1) which provides, as relevant, that a court may exercise personal jurisdiction over any nondomiciliary who in person or through an agent transacts any business within the state. The statute requires "[p]urposeful activities," i.e., "those with which a defendant, through volitional acts, avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws" (Fischbarg v Doucet, 9 NY3d 375, 380 [2007] [internal quotation marks omitted]). The statute "does not require that the business in question be commercial in nature" (Edwardo v Roman Catholic Bishop ofProvidence, 579 F Supp 3d 456,473 [SD NY 2022] [internal quotation marks omitted], affd 66 F4th 69 [2d Cir 2023]), and "proof of one transaction in New York is sufficient to invoke jurisdiction, even though the defendant never enters New York, so long as the defendant's activities here were purposeful and there is a substantial relationship between the transaction and the claim asserted" (Kreutter v McFadden Oil Corp., 71 NY2d 460,467 [1988]).
PC-16 Doe v. Hill Reg'l Career High Sch., 223 A.D.3d 518, 518-19 (2024).
The First Department affirmed the trial court's decision to exercise personal jurisdiction
over out-of-state defendants pursuant to CPLR 302(a)(l) based on the plaintiffs allegation that
they were sexually assaulted on a trip to New York that was organized and led by the
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defendants' choir director. PC-16 Doe at 519 ("the field trip at issue ... constituted 'purposeful
activity', in New York, namely, an 'act by which ... defendant purposefully avails itself of the
privilege of conducting activities here."') Id.
The facts in this matter are analogous to those in PC-16 Doe. Here, as alleged,
Defendants authorized and promoted a trip to New York - a purposeful act - thereby invoking
this State's privileges and benefits. The pilgrimage was purposeful religious activity by the
Diocese of Peoria and St. John which involved soliciting pilgrims from the pulpit, the Bishop of
Peoria authorizing Creager to lead pilgrims in New York, Rome and the Holy Land, obtaining
coverage for Creager to be absent from his parish for almost three weeks to lead pilgrims on a
pilgrimage involving vocations, evangelization, religious education and the protection of
children. The pilgrimage was a means of evangelizing plaintiff and for plaintiff to evangelize
others by sharing his religious experiences on the pilgrimage with others upon his return home,
which he did.
During the pilgrimage, Plaintiff engaged in religious study. He also deepened his faith
with prayer, daily mass, and the sacraments to increase his commitment to the church and his
desire to become a priest. The evangelization of Plaintiff and others, encouragement of
plaintiff/minor's vocation and the study of the catholic faith were the business of the diocese
conducted in New York during the pilgrimage.
In New York, Creager led Plaintiff to historic religious cites tied to the early days of
Catholicism in the U.S. They prayed and participated in mass at the churches in New York. Fr.
Creager also lead prayers and said mass and administered the sacraments in the hotel room he
shared with the Plaintiff. Creager also heard the confession of Plaintiff in the hotel room in NY
during the pilgrimage.
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In their reply, Defendants correctly point out that PC-16 Doe was a motion to dismiss
rather than a summary judgment motion, where the court assumed the truth of plaintiffs
allegations. However, this does not warrant a different result, as Defendant has failed to meet its
primafacie burden in establishing the right to judgment as a matter oflaw. Additionally,
Defendant's own reply papers acknowledge the affidavit submitted by Plaintiff contests the facts
upon which they rely in seeking summary judgment.
However, the Court rejects Defendants' argument that said affidavit contradicts
Plaintiffs prior testimony to the point of requiring the Court to disregard same.
Plaintiff's Cause ofAction Under The CVA Could Not Have Been Asserted in The 2010 Bankruptcy Proceeding
Thirty years after the subject abuse, Plaintiff filed for Chapter 7 Bankruptcy. At that time,
Plaintiff did not list his claims against Defendants in his bankruptcy schedules.
Upon the filing of a bankruptcy petition, an estate is created. Section 541(a)(l) of the
Bankruptcy Code provides that "all legal or equitable interests of the debtor in property as of the
commencement of the case" become property of the estate. 11 U.S.C. § 541(a)(l). "Property"
includes causes of action possessed by a debtor at the time of the filing of the case. In re Ross,
548 B.R. 632, 637 (Bankr. E.D.N.Y. 2016), ajf'd sub nom. Mendelsohn v. Ross, 251 F. Supp. 3d
518 (E.D.N.Y. 2017).
In 2010, when Plaintiffs bankruptcy case was opened, he had no legal or equitable
claims which could have been asserted against the Defendants. His claims were barred by the
then-operative statute oflimitations.
Almost a full ten years later, New York's Child Victims Act, for the first time ever,
created a window for the statute oflimitations to be extended in cases like Plaintiffs.
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The question for the court is whether Plaintiffs cause of action under the CVA accrued
before 2010. The CVA provides in pertinent part:
... every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense ... committed against a child less than eighteen years of age ... which is barred as of the effective date of this section because the applicable period of limitation has expired, and/or the plaintiff previously failed to file a notice of claim or a notice of intention to file a claim, is hereby revived, and action thereon may be commenced not earlier than six months after, and not later than two years and six months after the effective date of this section.
N.Y. C.P.L.R. 214-g (McKinney).
The Court therefore concludes that Plaintiffs cause of action which could only be
asserted based on the revival provisions in the CVA could not have accrued in 2010 as the CVA
had not yet been enacted.
Based on the same reasoning the Court rejects Defendants' argument that the complaint
must be dismissed based on a theory of judicial estoppel.
CONCLUSION
WHEREFORE it is hereby:
ORDERED that Defendants motion for summary judgment is denied; and it is further
ORDERED that counsel appear for a virtual pre-trial conference on October 8, 2024, at
3:30 pm where a trial date will be set, and a pre-trial conference order issued; and it is further
ORDERED that, within 20 days from entry of this order, plaintiff shall serve a copy of this
order with notice of entry on the Clerk of the General Clerk's Office (60 Centre Street, Room 119);
and it is further
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ORDERED that such service upon the Clerk shall be made in accordance with the
procedures set forth in the Protocol on Courthouse and County Clerk Procedures for
Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address
www.nycourts.gov/supctmanh);]; and it is further
ORDERED that any relief not expressly addressed has nonetheless been considered and
is hereby denied; and it is further
This constitutes the decision and order of this court.
9/17/2024 DATE SABRINA KRAUS, J.S.C.
~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED 0 DENIED GRANTED IN PART □ OTHER APPLICATION : SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE : INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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