Belluck & Fox Wins Fourth Department Appeal in a Sexual Abuse Case Against Minors
For Immediate Release: Thursday, October 10, 2024
Contact: Maja Belamaric; [email protected]
New York – Belluck & Fox LLP, a nationally recognized personal injury law firm, today announced that the Supreme Court of New York’s Appellate Division, Fourth Department issued a recent decision in favor of their minor clients who were sexually assaulted on their school bus by an older classmate over a period of two years.
The decision, Porschia C., et al. v. Sodus Central School District, et al., CA 24-0054 (N.Y. App. Div., 4th Dept., Oct. 4, 2024), lays the groundwork to ensure safer conditions for all young students at schools across the state.
“This decision ensures that our clients will see their day in court for the heinous acts perpetrated against them,” said Belluck & Fox managing partner Joseph Belluck. “It more broadly reaffirms that schools must take affirmative steps to protect children in their care, who are often too young or otherwise unable to report sexual abuse.”
Belluck & Fox commenced the action in Wayne County, New York on behalf of their minor clients against Defendants associated with the Sodus Central School District, alleging that their clients suffered repeated abuses at the hands of an older classmate on the school bus. Defendants sought summary judgment, claiming they had no notice of the abuser’s prior propensities, and the trial court granted the motion dismissing the case. Belluck & Fox, led by appellate attorney Michael Macrides, appealed the decision.
In reversing the dismissal and reinstating the complaint, the Appellate Division concluded that the Sodus Central School District Defendants failed to establish, as was their initial burden on the summary judgment motion, that they had no prior notice of the abuser’s propensities to commit all of the types of sexual misconduct alleged in the complaint.
Belluck & Fox, who vigorously litigates sexual assault cases on behalf of victims, will continue to pursue justice for their clients in this case.
Attorneys at Belluck & Fox are admitted to practice in New York, New Jersey, Pennsylvania, California, Colorado, Florida, Maine, Massachusetts, Vermont, Washington, the District of Columbia, and several federal jurisdictions, including the United States Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts, Atlantic City, New Jersey, and Portland, Maine.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Maine, Massachusetts, and New Jersey. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
###
Belluck & Fox Wins Appeal Under Child Victims Act (CVA)
In a recent case, attorneys Michael Macrides, Harris Marks, and Seth Dymond from Belluck & Fox have successfully appealed a dismissal of a sexual abuse case under the Child Victims Act (CVA). Their efforts overturned the initial dismissal, which contested the details of a claim dating back to the late 1980s.
A motion to dismiss had been filed by the defendant based on CPLR 3211 (a) and the Court of Claims Act 11 (b), and it had been granted by the Court of Claims. However, this decision was challenged through persuasive arguments presented by the Belluck & Fox team in obtaining this significant appellate decision.
This ruling recognizes the difficulty survivors face when trying to recall exact dates and times of abuse, particularly in cases involving minors. The court acknowledged the validity of the plaintiff’s claims. Michael Macrides, Harris Marks, and Seth Dymond collectively achieved justice for the plaintiff, while also emphasizing the complexity of instances that occurred decades ago and the delicate balance between legal requirements and the lived experiences of survivors seeking closure and accountability.
If you or a loved one suffered childhood sexual abuse, regardless of when it happened, call the committed, top-rated attorneys at Belluck & Fox today for a free consultation.
The NYS Adult Survivors Act Has Been Extended
If you or a loved one suffered sexual abuse, regardless of when it happened, call the committed, top-rated attorneys at Belluck & Fox today.
The New York State Adult Survivors Act (ASA) has been officially signed into action, which changes the strict statute of limitations on sexual abuse claims in New York. Adult survivors of sexual abuse can now open their previously expired claims for a full year, starting on December 8th, 2022. This also allows adults who were sexually assaulted in the workplace, hospital, or jail, to sue that entire entity.
When did it take effect?
The new law is currently in effect. Abuse survivors have until December 2023 to file civil cases no matter how long ago the abuse happened. You should not wait to contact a lawyer.
How is this different?
This gives adult sexual abuse survivors more time to seek recourse, as they may not have been able to process what happened to them at the time.
This new window mirrors the 2019 Child Victims Act that temporarily expanded the NYS Statute of limitations in child sex abuse cases for 2 years.
Who does it help?
Anyone who has been affected by sexual abuse as an adult, or knows someone who has, should consider learning more about their options under the new law. You and your loved ones are not alone.
What can I do now?
It’s undeniable that these cases are difficult to cope with for victims and their families. But this law represents new hope for getting justice.
Belluck & Fox has been standing up for New Yorkers that suffered from sexual abuse crimes for over 20 years. We want to help you too. With offices across the state, we’ll talk to you about your case, with no obligation, at any of our locations or even at your home. We will fight for you and your family as if they were our own because we believe no one should have to go through this alone.