M.N. v. Presbyterian Church (USA)

2025 NY Slip Op 30431(U)
CourtNew York Supreme Court, New York County
DecidedJanuary 31, 2025
DocketIndex No. 950467/2021
StatusUnpublished

This text of 2025 NY Slip Op 30431(U) (M.N. v. Presbyterian Church (USA)) is published on Counsel Stack Legal Research, covering New York Supreme Court, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.N. v. Presbyterian Church (USA), 2025 NY Slip Op 30431(U) (N.Y. Super. Ct. 2025).

Opinion

M.N. v Presbyterian Church (USA) 2025 NY Slip Op 30431(U) January 31, 2025 Supreme Court, New York County Docket Number: Index No. 950467/2021 Judge: Hasa A. Kingo 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. 950467/2021 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 01/31/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. HASA A. KINGO PART 5M Justice ---------------------------------------------------------------------------------X INDEX NO. 950467/2021 M. N., MOTION DATE 04/29/2024 Plaintiff, MOTION SEQ. NO. 006 -v- PRESBYTERIAN CHURCH (USA), SYNOD OF NORTHEAST OF THE PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK CITY, CHURCH OF THE DECISION + ORDER ON MASTER, YOUNG LIFE, YOUNG LIFE NEW YORK CITY, MOTION DOES 1-10

Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 006) 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130 were read on this motion to/for DISMISS .

Defendant, Presbytery of New York City (“Defendant”), moves to dismiss Plaintiff M.N.’s (“Plaintiff”) complaint pursuant to CPLR §§ 3211(a)(5) and (7), arguing that Plaintiff’s claims are time-barred, fail to state a cause of action, and that an extension of time for service under CPLR § 306-b is unwarranted. Plaintiff opposes the motion, arguing that the Child Victims Act (“CVA”) provides a legislative mechanism for addressing decades-old claims of child sexual abuse and that Defendant’s motion improperly seeks to evade liability based on procedural technicalities rather than substantive adjudication on the merits.

BACKGROUND AND PROCEDURAL HISTORY

Plaintiff commenced this action on July 4, 2021, pursuant to CPLR § 214-g, alleging that between 1967 and 1970, he was sexually abused by Leroy Oatis, a basketball coach affiliated with Defendants. The abuse allegedly occurred within the context of Plaintiff’s participation in a basketball league sponsored by Defendants. Plaintiff asserts claims of negligent hiring, supervision, and retention, alleging that Defendants knew or should have known of Oatis’ predatory conduct but failed to act.

Following the expiration of the statutory revival window under the CVA on August 14, 2021, Plaintiff encountered difficulties effecting service. Service was purportedly completed on January 17, 2024, prompting Defendant to move for dismissal, asserting that the delay in service warranted dismissal under CPLR § 306-b and that the action was untimely under CPLR § 3211(a)(5). Defendant further contends that Plaintiff fails to sufficiently plead a cause of action for negligence under CPLR § 3211(a)(7). 950467/2021 N., M. vs. PRESBYTERIAN CHURCH (USA) Page 1 of 4 Motion No. 006

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ARGUMENTS

Defendant argues that Plaintiff’s failure to timely serve within the statutory 120-day period after filing the complaint, coupled with an extended delay of more than two years, precludes relief under CPLR § 306-b. Defendant relies on Estate of Jervis v Teachers Ins. & Annuity Assn., 279 AD2d 367 (1st Dept 2001), and Cruz-Guzman v. 2380-2386 Grand Ave, LLC, 137 AD3d 639 (1st Dept 2016), for the proposition that where a plaintiff has not diligently prosecuted their claim, a court should not extend time for service in the interest of justice. Defendant further asserts that Plaintiff fails to allege sufficient facts to establish that Defendant had notice of Oatis’ propensity for abuse or that Defendant exercised any supervisory authority over him.

In opposition, Plaintiff asserts that an extension under CPLR § 306-b is warranted in the interest of justice, emphasizing that the CVA was enacted precisely to allow claims such as his to be adjudicated on their merits rather than dismissed on procedural grounds. Plaintiff relies on Leader v. Maroney, Ponzini & Spencer, 97 NY2d 95 (2001), arguing that the interest of justice standard under CPLR § 306-b is broader and more flexible than the good cause standard, and that factors such as the meritorious nature of the claim, lack of prejudice to the Defendant, and legislative intent weigh in favor of permitting the case to proceed. Plaintiff further contends that the complaint sufficiently pleads causes of action for negligence, citing Doe v. Ascend Charter Schools, 121 NYS3d 285 (2d Dept 2020), where a motion to dismiss was denied despite general allegations of prior notice of sexual misconduct.

DISCUSSION

A. Extension of Time for Service Under CPLR 306-b

The Court of Appeals in Leader v. Maroney, Ponzini & Spencer, 97 NY2d 95 (2001), made clear that courts must engage in a fact-specific analysis when determining whether to extend the time for service under CPLR § 306-b. Factors relevant to this analysis include the expiration of the statute of limitations, the meritorious nature of the claim, and potential prejudice to the defendant. Here, Plaintiff’s claim is undeniably meritorious, as evidenced by detailed allegations of systemic negligence in hiring and supervising individuals with access to minors.

New York courts have repeatedly emphasized that procedural hurdles, like those alleged here, should not obstruct Legislative intent. The CVA was enacted to permit survivors of childhood sexual abuse to seek redress despite the passage of time. Courts have consistently granted extensions under CPLR § 306-b where, as here, the action was timely commenced but service was delayed due to reasonable difficulties (see Beauge v New York City Tr. Auth., 282 AD2d 416 [2d Dept 2001]; State of New York Mtge. Agency v Braun, 182 AD3d 63 [2d Dept 2020]). Given that Plaintiff has demonstrated a good-faith effort to serve Defendant and that no prejudice has been articulated by Defendant, the court finds that an extension of time for service is warranted in the interest of justice.

In addition, the delays in service and initial procedural hurdles in this case must be viewed in the broader context of the unprecedented volume of claims filed under the CVA during its revival window, coupled with the unforeseen challenges presented by the COVID-19 pandemic.

950467/2021 N., M. vs. PRESBYTERIAN CHURCH (USA) Page 2 of 4 Motion No. 006

2 of 4 [* 2] INDEX NO. 950467/2021 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 01/31/2025

These external circumstances created systemic backlogs, impacted court operations, and contributed to delays that were beyond Plaintiff’s control. Given these realities, Defendant cannot credibly assert prejudice when this matter remains in its infancy from a discovery standpoint. The interests of justice demand that Plaintiff not be penalized for circumstances outside Plaintiff’s control, particularly when legislative intent under the CVA prioritizes adjudicating such claims on their merits rather than dismissing them based on procedural technicalities.

B. Statute of Limitations Defense

Defendant’s assertion that Plaintiff’s claim is time-barred under CPLR § 3211(a)(5) is unpersuasive. The CVA explicitly revived claims that would otherwise have been barred, and Plaintiff commenced this action within the applicable revival window. The Legislature’s intent in enacting CPLR § 214-g was to prioritize substantive adjudication of child sex abuse claims over technical defenses.

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Bluebook (online)
2025 NY Slip Op 30431(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/mn-v-presbyterian-church-usa-nysupctnewyork-2025.