Case: Jane Doe v. Mordechai Usher Sitorsky, et al
Counsel: Alice Spitz and Megan Foster
Result: Pre-answer Motion to Dismiss Granted. Case Dismissed.
MSD filed a pre-answer motion to dismiss plaintiff’s complaint against our 2 clients, Rabbi Twersky and his synagogue, Congregation Tzemach David of New Square,Inc. The complaint was premised on the New York City Victims of Gender-Motivated Violence Protection Law (“GMVP”) and had common law causes of action. We argued that the statute of limitations ran on the common law causes of action and the GMVP did not apply to our clients, barring relief.
Plaintiff claimed to have been sexually abused by one of the co-defendants and sued both the perpetrator, another congregation and our clients. She attempted to use the GMVP 2022 revival provisions to extend the statute of limitations. However, it was MSD’s position that the 2022 revival provision of the GMVP only revived causes of action brought under the GMVP and did not apply to our clients who were neither perpetrators nor did they “direct[], enable[], participate[] in, or conspire[] in the commission of a crime of violence” as enumerated in the Statute. Thus, the clients’ alleged conduct did not fall within the purview of the 2022 Amendment. Nor did the expansion of liability under the 2022 Amendment apply retroactively. Moreover, we argued that the GMVP’s attempt at claims revival was preempted by, and expressly contrary to, the revival provisions of New York State Child Victims Act (“CVA”) and Adult Survivors Act (“ASA”)(which revival has already expired).
Judge Aaron Maslow in Supreme Court, Kings County agreed with MSD’s position that the GMVP amendment did not apply to our clients and granted the motion to dismiss in its entirety. The Complaint and all cross-claims were dismissed against the client with prejudice. Judge Maslow did not reach the preemption argument.