Preview
FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
EXHIBIT 11
FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
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JOHN DOE,
Plaintiff, Index No.: 901925-24
-against-
AMENDED
VERIFIED COMPLAINT
TOBIN AND DEMPF, LLP and MICHAEL L.
COSTELLO, ESQ.,
Defendant.
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Plaintiff JOHN DOE (“Plaintiff”)1, by and through his attorneys at MERSON LAW,
PLLC, and as for his Amended Verified Complaint in this action against Defendants TOBIN
AND DEMPF, LLP (“Tobin and Dempf”) and MICHAEL L. COSTELLO, ESQ. (“Costello”)
(collectively, “Defendants”), respectfully alleges, upon information and belief, as follows:
NATURE OF THE CASE
1. Plaintiff is an adult man who was sexually abused as a child by a priest in the
Roman Catholic Diocese of Albany, New York (the “Diocese”).
2. On August 16, 2019, Plaintiff filed an action in the Albany County Supreme Court
(Index No.: 905378-19) pursuant to CPLR § 214-g or the Child Victims Act in order to seek
damages from the Diocese and others for the sexual abuse that he suffered as a child (the “CVA
Lawsuit”).
3. The defendants in the CVA Lawsuit were represented by Defendants TOBIN AND
DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.
1
Plaintiff uses the “John Doe” pseudonym pursuant to the Decision and Order of this Court dated April 26, 2024. See
NYSCEF Doc. No. 28.
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4. After more than three years of litigation (and with the CVA Lawsuit approaching
trial), a settlement conference was held before the presiding judge, Hon. L. Michael Mackey,
J.S.C., on February 24, 2023. The conference was attended by counsel for Plaintiff, Defendant
MICHAEL L. COSTELLO, ESQ. (on behalf of Defendant TOBIN AND DEMPF, LLP as
counsel for the Diocese), and counsel for two of the Diocese’s insurers.
5. After subsequent settlement conferences before Judge Mackey on February 27,
2023, February 28, 2023 and March 1, 2023, the CVA Lawsuit was settled for $375,000.00.
6. Over the course of the aforementioned settlement conferences, Defendants TOBIN
AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. represented to Plaintiff that he
needed to settle the CVA Lawsuit, otherwise the Diocese would have to file for bankruptcy.
Plaintiff detrimentally relied on these representations by Defendants TOBIN AND DEMPF, LLP
and MICHAEL L. COSTELLO, ESQ. when he decided to forgo his right to a jury trial and
agreed to settle the CVA Lawsuit in order to avoid ending up where he is now – waiting indefinitely
for the Diocese’s bankruptcy case to progress through the court system.
7. Once the settlement amount was agreed upon, Plaintiff asked for payment to be
issued within five (5) days, and Defendant MICHAEL L. COSTELLO, ESQ. (on behalf of
Defendant TOBIN AND DEMPF, LLP) asked for thirty (30) days. Ultimately, the parties agreed
with Judge Mackey’s suggestion to follow the CPLR (and for payment to be issued within twenty-
one [21] days).
8. Then, in order to effectuate the settlement, the parties drafted and agreed upon the
terms of a document entitled “Settlement Agreement and Full and Final Release of Claims” (the
“Agreement”).
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9. The Agreement required: (i) Plaintiff to execute and return four originals of the
Agreement to Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.;
and, (ii) Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. to
issue payment to counsel for Plaintiff within twenty-one days of the receipt of the Agreement.
10. Pursuant to its terms, Plaintiff executed four originals of the Agreement which were
then delivered via Federal Express and received by Defendants TOBIN AND DEMPF, LLP and
MICHAEL L. COSTELLO, ESQ. on March 8, 2023.
11. On March 9, 2023, counsel for Plaintiff also received verbal confirmation from
Defendant MICHAEL L. COSTELLO, ESQ. that Defendant TOBIN AND DEMPF, LLP had
received the Agreement such that payment was to be issued no later than Wednesday, March 29,
2023.
12. Then, on March 15, 2023, while the time to issue payment was running, the Diocese
filed a petition for relief under Chapter 11 of the United States Bankruptcy Code. To date,
Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ., have not
issued payment.
13. As such, Plaintiff now brings this action to seek damages for the injuries that he
sustained as a result of Defendants TOBIN AND DEMPF, LLP and MICHAEL L.
COSTELLO, ESQ. conduct, including, among other things, fraudulently inducing him into a
contract that was breached.
JURISDICTION, VENUE AND TIMELINESS
14. This Court has jurisdiction over Defendant TOBIN AND DEMPF, LLP pursuant
to CPLR §§ 301 and 302, because at all relevant times herein mentioned, it was and is authorized
to do business in New York and/or contract to provide services within New York.
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15. This Court has jurisdiction over Defendant MICHAEL L. COSTELLO, ESQ.
pursuant to CPLR §§ 301 and 302 because, upon information and belief, at all relevant times herein
mentioned, he was a resident of the State of New York.
16. Venue is proper in the county pursuant to § 503 because at all relevant times herein
mentioned, Defendant TOBIN AND DEMPF, LLP’s principal place of business was and is
located in Albany County, and it is also the county in which a substantial part of the events or
omissions giving rise to the claim occurred.
17. All of the causes of action set forth herein are timely filed pursuant to CPLR §§ 213
and 214, et seq. because this action is being filed within one year of the first date of the events or
omissions giving rise to the claim occurred.
PARTIES
18. At all times herein mentioned, Plaintiff was and is an individual residing in Sarasota
County, Florida.
19. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP was and is
a law firm that represented the defendants in the CVA Lawsuit. At all times herein mentioned,
Defendant TOBIN AND DEMPF, LLP’s principal place of business was and is located at 515
Broadway, 4th Floor, Albany, New York 12207, and is the basis of venue in this action.
20. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was
and is an attorney duly licensed to practice law in the State of New York who represented the
defendants in the CVA Lawsuit. At all times herein mentioned, Defendant MICHAEL L.
COSTELLO, ESQ. was an agent, servant and/or employee at and of Defendant TOBIN AND
DEMPF, LLP.
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21. At all times herein mentioned, Defendants TOBIN AND DEMPF, LLP and
MICHAEL L. COSTELLO, ESQ. were and are agents, servants and/or employees of one
another and/or acted as the alter ago of one another.
AS AND FOR A FIRST CAUSE OF ACTION FOR
FRAUD AS TO DEFENDANT TOBIN AND DEMPF, LLP
22. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 21.,
inclusive with the same force and effect as if hereinafter set forth at length.
23. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its
agents, servants and/or employees acted with an intent to deceive and/or defraud when they
materially misrepresented and/or omitted facts to Plaintiff including, but not limited to, the
financial condition of their client, the Diocese, and how if the CVA Lawsuit did not settle, the
Diocese would have to file for bankruptcy. Plaintiff was explicitly told that if he did not settle the
CVA Lawsuit, the Diocese would file for bankruptcy to avoid a jury trial. He was also explicitly
told that if he did settle the CVA Lawsuit, that he would be compensated and finally get the closure
that he needed to move forward with his life. Plaintiff thereafter settled the CVA lawsuit based
upon Defendant TOBIN AND DEMPF, LLP’s representations. However, despite Defendant
TOBIN AND DEMPF, LLP’s representations, Plaintiff was never compensated. It is further
alleged that Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees
materially misrepresented and/or omitted such facts in order to induce Plaintiff to settle the CVA
Lawsuit for less than he could have otherwise recovered and forgo his right to a jury trial.
24. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its
agents, servants and/or employees were aware of the falsity of the materially misrepresented facts
at the time that they presented them to Plaintiff as Defendant TOBIN AND DEMPF, LLP and/or
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its agents, servants and/or employees were aware that the Diocese’s bankruptcy filing was in
progress and imminent at the time that they agreed to settle the CVA Lawsuit, as well as when
Defendant TOBIN AND DEMPF, LLP agreed on documents with Plaintiff to effectuate said
settlement and when Defendant TOBIN AND DEMPF, LLP explicitly represented six (6) days
before the Diocese’s bankruptcy filing that payment was forthcoming.
25. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the
material misrepresentations and/or omissions of fact provided to him by Defendant TOBIN AND
DEMPF, LLP and/or its agents, servants and/or employees to his own detriment, as he would not
have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant TOBIN
AND DEMPF, LLP and/or its agents, servants and/or employees not represented to him that if he
did not, the Diocese would have to file for bankruptcy.
26. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained
in the past, and will continue to sustain in the future, serious and severe psychological injuries,
emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct
forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have
to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a
child, thereby revictimizing and retraumatizing him.
27. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred
medical expenses and other economic damages, and will now be obligated to expend sums of
money for medical care and attention in effort to cure himself of his injuries and to alleviate his
pain and suffering, emotional distress and mental anguish, and will also be forced to continue to
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expend sums of money on his behalf in order to ensure that he gets the justice and compensation
that he rightfully deserves.
28. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate,
and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND
DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others
from future similar misconduct.
29. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
30. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A SECOND CAUSE OF ACTION FOR
FRAUD AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ.
31. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 30.,
inclusive with the same force and effect as if hereinafter set forth at length.
32. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ.
acted with an intent to deceive and/or defraud when he materially misrepresented and/or omitted
facts to Plaintiff including, but not limited to, the financial condition of his client, the Diocese, and
how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. Plaintiff
was explicitly told that if he did not settle the CVA Lawsuit, the Diocese would file for bankruptcy
to avoid a jury trial. He was also explicitly told that if he did settle the CVA Lawsuit, that he
would be compensated and finally get the closure that he needed to move forward with his life.
Plaintiff thereafter settled the CVA lawsuit based upon Defendant MICHAEL L. COSTELLO,
ESQ.’s representations. However, despite Defendant MICHAEL L. COSTELLO, ESQ.’s
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representations, Plaintiff was never compensated. It is further alleged that Defendant MICHAEL
L. COSTELLO, ESQ. materially misrepresented and/or omitted such facts in order to induce
Plaintiff to settle the CVA Lawsuit for less than he could have otherwise recovered and forgo his
right to a jury trial.
33. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was
aware of the falsity of the materially misrepresented facts at the time that he presented them to
Plaintiff as, upon information and belief, Defendant MICHAEL L. COSTELLO, ESQ. was
aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed
to settle the CVA Lawsuit, as well as when Defendant MICHAEL L. COSTELLO, ESQ. agreed
on documents with Plaintiff to effectuate said settlement and when Defendant MICHAEL L.
COSTELLO, ESQ. explicitly represented six (6) days before the Diocese’s bankruptcy filing that
payment was forthcoming.
34. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the
material misrepresentations and/or omissions of fact provided to him by Defendant MICHAEL
L. COSTELLO, ESQ. to his own detriment, as he would not have agreed to settle the CVA
Lawsuit and forgo his right to a jury trial had Defendant MICHAEL L. COSTELLO, ESQ. not
represented to him that if he did not, the Diocese would have to file for bankruptcy.
35. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL L. COSTELLO, ESQ., Plaintiff has sustained in the past, and will continue to sustain
in the future, serious and severe psychological injuries, emotional distress and mental anguish, as
Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his
life that he thought had finally closed, and forced him to have to relive the sexual abuse that he
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endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and
retraumatizing him.
36. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic
damages, and will now be obligated to expend sums of money for medical care and attention in
effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and
mental anguish, and will also be forced to continue to expend sums of money on his behalf in order
to ensure that he gets the justice and compensation that he rightfully deserves.
37. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and
adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant
MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and appropriate to
deter him and others from future similar misconduct.
38. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
39. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A THIRD CAUSE OF ACTION FOR FRAUDULENT
INDUCEMENT AS TO DEFENDANT TOBIN AND DEMPF, LLP
40. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 39.,
inclusive with the same force and effect as if hereinafter set forth at length.
41. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its
agents, servants and/or employees acted with an intent to deceive and/or defraud when they
intentionally materially misrepresented facts to Plaintiff including, but not limited to, the financial
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condition of their client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese
would have to file for bankruptcy. Plaintiff was explicitly told that if he did not settle the CVA
Lawsuit, the Diocese would file for bankruptcy to avoid a jury trial. He was also explicitly told
that if he did settle the CVA Lawsuit, that he would be compensated and finally get the closure
that he needed to move forward with his life. Plaintiff thereafter settled the CVA lawsuit based
upon Defendant TOBIN AND DEMPF, LLP’s representations. However, despite Defendant
TOBIN AND DEMPF, LLP’s representations, Plaintiff was never compensated. It is further
alleged that Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees
materially misrepresented and/or omitted such facts in order to induce Plaintiff to settle the CVA
Lawsuit for less than he could have otherwise recovered and forgo his right to a jury trial.
42. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its
agents, servants and/or employees were aware of the falsity of the materially misrepresented facts
at the time that they presented them to Plaintiff as, upon information and belief, Defendant TOBIN
AND DEMPF, LLP and/or its agents, servants and/or employees were aware that the Diocese’s
bankruptcy filing was in progress and imminent at the time that they agreed to settle the CVA
Lawsuit.
43. At all times herein mentioned, the materially misrepresented facts provided by
Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees induced
Plaintiff into the Agreement, as he would not have entered into the same had Defendant TOBIN
AND DEMPF, LLP and/or its agents, servants and/or employees not represented to him that if he
did not, the Diocese would have to file for bankruptcy.
44. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the
material misrepresentations provided to him by Defendant TOBIN AND DEMPF, LLP and/or
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its agents, servants and/or employees to his own detriment, as he would not have agreed to settle
the CVA Lawsuit and forgo his right to a jury trial had Defendant TOBIN AND DEMPF, LLP
and/or its agents, servants and/or employees not represented to him that if he did not do so, the
Diocese would have to file for bankruptcy.
45. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained
in the past, and will continue to sustain in the future, serious and severe psychological injuries,
emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct
forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have
to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a
child, thereby revictimizing and retraumatizing him.
46. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred
medical expenses and other economic damages, and will now be obligated to expend sums of
money for medical care and attention in effort to cure himself of his injuries and to alleviate his
pain and suffering, emotional distress and mental anguish, and will also be forced to continue to
expend sums of money on his behalf in order to ensure that he gets the justice and compensation
that he rightfully deserves.
47. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate,
and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND
DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others
from future similar misconduct.
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48. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
49. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A FOURTH CAUSE OF ACTION FOR FRAUDULENT
INDUCEMENT AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ.
50. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 49.,
inclusive with the same force and effect as if hereinafter set forth at length.
51. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ.
acted with an intent to deceive and/or defraud when he intentionally materially misrepresented
facts to Plaintiff including, but not limited to, the financial condition of his client, the Diocese, and
how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. Plaintiff
was explicitly told that if he did not settle the CVA Lawsuit, the Diocese would file for bankruptcy
to avoid a jury trial. He was also explicitly told that if he did settle the CVA Lawsuit, that he
would be compensated and finally get the closure that he needed to move forward with his life.
Plaintiff thereafter settled the CVA lawsuit based upon Defendant MICHAEL L. COSTELLO,
ESQ.’s representations. However, despite Defendant MICHAEL L. COSTELLO, ESQ.’s
representations, Plaintiff was never compensated. It is further alleged that Defendant MICHAEL
L. COSTELLO, ESQ. materially misrepresented and/or omitted such facts in order to induce
Plaintiff to settle the CVA Lawsuit for less than he could have otherwise recovered and forgo his
right to a jury trial.
52. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was
aware of the falsity of the materially misrepresented facts at the time that he presented them to
Plaintiff as, upon information and belief, Defendant MICHAEL L. COSTELLO, ESQ. was
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aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed
to settle the CVA Lawsuit.
53. At all times herein mentioned, the materially misrepresented facts provided by
Defendant MICHAEL L. COSTELLO, ESQ. induced Plaintiff into the Agreement, as he would
not have entered into the same had Defendant MICHAEL L. COSTELLO, ESQ. not represented
to him that if he did not, the Diocese would have to file for bankruptcy.
54. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the
material misrepresentations provided to him by Defendant MICHAEL L. COSTELLO, ESQ. to
his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a
jury trial had Defendant MICHAEL L. COSTELLO, ESQ. not represented to him that if he did
not, the Diocese would have to file for bankruptcy.
55. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL L. COSTELLO, ESQ., Plaintiff has sustained in the past, and will continue to sustain
in the future, serious and severe psychological injuries, emotional distress and mental anguish, as
Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his
life that he thought had finally closed, and forced him to have to relive the sexual abuse that he
endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and
retraumatizing him.
56. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic
damages, and will now be obligated to expend sums of money for medical care and attention in
effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and
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mental anguish, and will also be forced to continue to expend sums of money on his behalf in order
to ensure that he gets the justice and compensation that he rightfully deserves.
57. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and
adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant
MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and appropriate to
deter him and others from future similar misconduct.
58. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
59. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A FIFTH CAUSE OF ACTION FOR AIDING AND
ABETTING FRAUD AS TO DEFENDANT TOBIN AND DEMPF, LLP
60. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 59.,
inclusive with the same force and effect as if hereinafter set forth at length.
61. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its
agents, servants and/or employees acted with an intent to deceive and/or defraud when they
materially misrepresented facts to Plaintiff including, but not limited to, the financial condition of
their client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to
file for bankruptcy.
62. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its
agents, servants and/or employees were aware of the falsity of the materially misrepresented facts
at the time that they presented them to Plaintiff as, upon information and belief, Defendant TOBIN
AND DEMPF, LLP and/or its agents, servants and/or employees were aware that the Diocese’s
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bankruptcy filing was in progress and imminent at the time that they agreed to settle the CVA
Lawsuit. Furthermore, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or
employees provided substantial assistance in committing the fraud unto Plaintiff as set forth herein
as, upon information and belief, they materially mispresented and/or omitted the fact that the
Diocese’s bankruptcy filing was in progress and imminent at the time that they agreed to settle the
CVA Lawsuit.
63. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the
material misrepresentations provided to him by Defendant TOBIN AND DEMPF, LLP and/or
its agents, servants and/or employees to his own detriment, as he would not have agreed to settle
the CVA Lawsuit and forgo his right to a jury trial had Defendant TOBIN AND DEMPF, LLP
and/or its agents, servants and/or employees not represented to him that if he did not do so, the
Diocese would have to file for bankruptcy.
64. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained
in the past, and will continue to sustain in the future, serious and severe psychological injuries,
emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct
forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have
to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a
child, thereby revictimizing and retraumatizing him.
65. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred
medical expenses and other economic damages, and will now be obligated to expend sums of
money for medical care and attention in effort to cure himself of his injuries and to alleviate his
FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
pain and suffering, emotional distress and mental anguish, and will also be forced to continue to
expend sums of money on his behalf in order to ensure that he gets the justice and compensation
that he rightfully deserves.
66. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate,
and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND
DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others
from future similar misconduct.
67. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
68. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A SIXTH CAUSE OF ACTION FOR AIDING AND
ABETTING FRAUD AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ.
69. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 68.,
inclusive with the same force and effect as if hereinafter set forth at length.
70. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ.
acted with an intent to deceive and/or defraud when he materially misrepresented facts to Plaintiff
including, but not limited to, the financial condition of his client, the Diocese, and how if the CVA
Lawsuit did not settle, the Diocese would have to file for bankruptcy.
71. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was
aware of the falsity of the materially misrepresented facts at the time that he presented them to
Plaintiff as, upon information and belief, Defendant MICHAEL L. COSTELLO, ESQ. was
aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed
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to settle the CVA Lawsuit. Furthermore, Defendant MICHAEL L. COSTELLO provided
substantial assistance in committing the fraud unto Plaintiff as set forth herein as, upon information
and belief, he materially mispresented and/or omitted the fact that the Diocese’s bankruptcy filing
was in progress and imminent at the time that he agreed to settle the CVA Lawsuit.
72. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the
material misrepresentations provided to him by Defendant MICHAEL L. COSTELLO, ESQ. to
his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a
jury trial had Defendant MICHAEL L. COSTELLO, ESQ. not represented to him that if he did
not do so, the Diocese would have to file for bankruptcy.
73. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL L. COSTELLO, ESQ., Plaintiff has sustained in the past, and will continue to sustain
in the future, serious and severe psychological injuries, emotional distress and mental anguish, as
Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his
life that he thought had finally closed, and forced him to have to relive the sexual abuse that he
endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and
retraumatizing him.
74. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic
damages, and will now be obligated to expend sums of money for medical care and attention in
effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and
mental anguish, and will also be forced to continue to expend sums of money on his behalf in order
to ensure that he gets the justice and compensation that he rightfully deserves.
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
75. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and
adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant
MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and appropriate to
deter him and others from future similar misconduct.
76. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
77. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR A SEVENTH CAUSE OF ACTION FOR BREACH
OF CONTRACT AS TO DEFENDANT TOBIN AND DEMPF, LLP
78. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 77.,
inclusive with the same force and effect as if hereinafter set forth at length.
79. At all times herein mentioned, the Agreement was and is an existing, enforceable
contract.
80. At all times herein mentioned, the Agreement required: (i) Plaintiff to execute and
return four originals of the Agreement to Defendants TOBIN AND DEMPF, LLP and
MICHAEL L. COSTELLO, ESQ.; and, (ii) Defendants TOBIN AND DEMPF, LLP and
MICHAEL L. COSTELLO, ESQ. to issue payment to counsel for Plaintiff within twenty-one
days of the receipt of the Agreement.
81. Pursuant to its terms, Plaintiff materially performed his contractual obligations by
executing four originals of the Agreement which were then delivered via Federal Express and
received by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.
on March 8, 2023.
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
82. On March 9, 2023, counsel for Plaintiff also received verbal confirmation from
Defendant MICHAEL L. COSTELLO, ESQ. that Defendant TOBIN AND DEMPF, LLP had
received the Agreement such that payment was to be issued no later than Wednesday, March 29,
2023.
83. To date, Defendants TOBIN AND DEMPF, LLP and MICHAEL L.
COSTELLO, ESQ. have failed to materially perform their commitments under the Agreement as
payment is yet to be issued. This amounts to a material breach of the Agreement.
84. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained,
and will continue to sustain in the future, serious and severe psychological injuries and emotional
distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct forced him to
reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the
sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby
revictimizing and retraumatizing him.
85. As a direct and proximate result of the aforementioned conduct of Defendant
TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred
medical expenses and other economic damages, and will now be obligated to expend sums of
money for medical care and attention in effort to cure himself of his injuries and to alleviate his
pain and suffering, emotional distress and mental anguish, and will also be forced to continue to
expend sums of money on his behalf in order to ensure that he gets the justice and compensation
that he rightfully deserves.
86. By reason of the foregoing, Plaintiff is entitled to compensatory damages from
Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate,
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND
DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others
from future similar misconduct.
87. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
88. This action falls within exceptions to Article 16 of the C.P.L.R.
AS AND FOR AN EIGHTH CAUSE OF ACTION FOR BREACH
OF CONTRACT AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ.
89. Plaintiff repeats, reiterates and realleges each and every allegation contained in
those paragraphs of this Amended Verified Complaint marked and designated 1. through 88.,
inclusive with the same force and effect as if hereinafter set forth at length.
90. At all times herein mentioned, the Agreement was and is an existing, enforceable
contract.
91. At all times herein mentioned, the Agreement required: (i) Plaintiff to execute and
return four originals of the Agreement to Defendants TOBIN AND DEMPF, LLP and
MICHAEL L. COSTELLO, ESQ.; and, (ii) Defendants TOBIN AND DEMPF, LLP and
MICHAEL L. COSTELLO, ESQ. to issue payment to counsel for Plaintiff within twenty-one
days of the receipt of the Agreement.
92. Pursuant to its terms, Plaintiff materially performed his contractual obligations by
executing four originals of the Agreement which were then delivered via Federal Express and
received by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.
on March 8, 2023.
93. On March 9, 2023, counsel for Plaintiff also received verbal confirmation from
Defendant MICHAEL L. COSTELLO, ESQ. that Defendant TOBIN AND DEMPF, LLP had
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024
received the Agreement such that payment was to be issued no later than Wednesday, March 29,
2023.
94. To date, Defendants TOBIN AND DEMPF, LLP and MICHAEL L.
COSTELLO, ESQ. have failed to materially perform their commitments under the Agreement as
payment is yet to be issued. This amounts to a material breach of the Agreement.
95. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL. L. COSTELLO, ESQ., Plaintiff has sustained, and will continue to sustain in the
future, serious and severe psychological injuries and emotional distress and mental anguish, as
Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his
life that he thought had finally closed, and forced him to have to relive the sexual abuse that he
endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and
retraumatizing him.
96. As a direct and proximate result of the aforementioned conduct of Defendant
MICHAEL. L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic
damages, and will now be obligated to expend sums of money for medical care and attention in
effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and
mental anguish, and will also be forced to continue to
Preview
FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 EXHIBIT 11 FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY -------------------------------------------------------------------X JOHN DOE, Plaintiff, Index No.: 901925-24 -against- AMENDED VERIFIED COMPLAINT TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ., Defendant. -------------------------------------------------------------------X Plaintiff JOHN DOE (“Plaintiff”)1, by and through his attorneys at MERSON LAW, PLLC, and as for his Amended Verified Complaint in this action against Defendants TOBIN AND DEMPF, LLP (“Tobin and Dempf”) and MICHAEL L. COSTELLO, ESQ. (“Costello”) (collectively, “Defendants”), respectfully alleges, upon information and belief, as follows: NATURE OF THE CASE 1. Plaintiff is an adult man who was sexually abused as a child by a priest in the Roman Catholic Diocese of Albany, New York (the “Diocese”). 2. On August 16, 2019, Plaintiff filed an action in the Albany County Supreme Court (Index No.: 905378-19) pursuant to CPLR § 214-g or the Child Victims Act in order to seek damages from the Diocese and others for the sexual abuse that he suffered as a child (the “CVA Lawsuit”). 3. The defendants in the CVA Lawsuit were represented by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. 1 Plaintiff uses the “John Doe” pseudonym pursuant to the Decision and Order of this Court dated April 26, 2024. See NYSCEF Doc. No. 28. FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 4. After more than three years of litigation (and with the CVA Lawsuit approaching trial), a settlement conference was held before the presiding judge, Hon. L. Michael Mackey, J.S.C., on February 24, 2023. The conference was attended by counsel for Plaintiff, Defendant MICHAEL L. COSTELLO, ESQ. (on behalf of Defendant TOBIN AND DEMPF, LLP as counsel for the Diocese), and counsel for two of the Diocese’s insurers. 5. After subsequent settlement conferences before Judge Mackey on February 27, 2023, February 28, 2023 and March 1, 2023, the CVA Lawsuit was settled for $375,000.00. 6. Over the course of the aforementioned settlement conferences, Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. represented to Plaintiff that he needed to settle the CVA Lawsuit, otherwise the Diocese would have to file for bankruptcy. Plaintiff detrimentally relied on these representations by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. when he decided to forgo his right to a jury trial and agreed to settle the CVA Lawsuit in order to avoid ending up where he is now – waiting indefinitely for the Diocese’s bankruptcy case to progress through the court system. 7. Once the settlement amount was agreed upon, Plaintiff asked for payment to be issued within five (5) days, and Defendant MICHAEL L. COSTELLO, ESQ. (on behalf of Defendant TOBIN AND DEMPF, LLP) asked for thirty (30) days. Ultimately, the parties agreed with Judge Mackey’s suggestion to follow the CPLR (and for payment to be issued within twenty- one [21] days). 8. Then, in order to effectuate the settlement, the parties drafted and agreed upon the terms of a document entitled “Settlement Agreement and Full and Final Release of Claims” (the “Agreement”). FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 9. The Agreement required: (i) Plaintiff to execute and return four originals of the Agreement to Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.; and, (ii) Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. to issue payment to counsel for Plaintiff within twenty-one days of the receipt of the Agreement. 10. Pursuant to its terms, Plaintiff executed four originals of the Agreement which were then delivered via Federal Express and received by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. on March 8, 2023. 11. On March 9, 2023, counsel for Plaintiff also received verbal confirmation from Defendant MICHAEL L. COSTELLO, ESQ. that Defendant TOBIN AND DEMPF, LLP had received the Agreement such that payment was to be issued no later than Wednesday, March 29, 2023. 12. Then, on March 15, 2023, while the time to issue payment was running, the Diocese filed a petition for relief under Chapter 11 of the United States Bankruptcy Code. To date, Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ., have not issued payment. 13. As such, Plaintiff now brings this action to seek damages for the injuries that he sustained as a result of Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. conduct, including, among other things, fraudulently inducing him into a contract that was breached. JURISDICTION, VENUE AND TIMELINESS 14. This Court has jurisdiction over Defendant TOBIN AND DEMPF, LLP pursuant to CPLR §§ 301 and 302, because at all relevant times herein mentioned, it was and is authorized to do business in New York and/or contract to provide services within New York. FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 15. This Court has jurisdiction over Defendant MICHAEL L. COSTELLO, ESQ. pursuant to CPLR §§ 301 and 302 because, upon information and belief, at all relevant times herein mentioned, he was a resident of the State of New York. 16. Venue is proper in the county pursuant to § 503 because at all relevant times herein mentioned, Defendant TOBIN AND DEMPF, LLP’s principal place of business was and is located in Albany County, and it is also the county in which a substantial part of the events or omissions giving rise to the claim occurred. 17. All of the causes of action set forth herein are timely filed pursuant to CPLR §§ 213 and 214, et seq. because this action is being filed within one year of the first date of the events or omissions giving rise to the claim occurred. PARTIES 18. At all times herein mentioned, Plaintiff was and is an individual residing in Sarasota County, Florida. 19. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP was and is a law firm that represented the defendants in the CVA Lawsuit. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP’s principal place of business was and is located at 515 Broadway, 4th Floor, Albany, New York 12207, and is the basis of venue in this action. 20. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was and is an attorney duly licensed to practice law in the State of New York who represented the defendants in the CVA Lawsuit. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was an agent, servant and/or employee at and of Defendant TOBIN AND DEMPF, LLP. FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 21. At all times herein mentioned, Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. were and are agents, servants and/or employees of one another and/or acted as the alter ago of one another. AS AND FOR A FIRST CAUSE OF ACTION FOR FRAUD AS TO DEFENDANT TOBIN AND DEMPF, LLP 22. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 21., inclusive with the same force and effect as if hereinafter set forth at length. 23. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees acted with an intent to deceive and/or defraud when they materially misrepresented and/or omitted facts to Plaintiff including, but not limited to, the financial condition of their client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. Plaintiff was explicitly told that if he did not settle the CVA Lawsuit, the Diocese would file for bankruptcy to avoid a jury trial. He was also explicitly told that if he did settle the CVA Lawsuit, that he would be compensated and finally get the closure that he needed to move forward with his life. Plaintiff thereafter settled the CVA lawsuit based upon Defendant TOBIN AND DEMPF, LLP’s representations. However, despite Defendant TOBIN AND DEMPF, LLP’s representations, Plaintiff was never compensated. It is further alleged that Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees materially misrepresented and/or omitted such facts in order to induce Plaintiff to settle the CVA Lawsuit for less than he could have otherwise recovered and forgo his right to a jury trial. 24. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees were aware of the falsity of the materially misrepresented facts at the time that they presented them to Plaintiff as Defendant TOBIN AND DEMPF, LLP and/or FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 its agents, servants and/or employees were aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that they agreed to settle the CVA Lawsuit, as well as when Defendant TOBIN AND DEMPF, LLP agreed on documents with Plaintiff to effectuate said settlement and when Defendant TOBIN AND DEMPF, LLP explicitly represented six (6) days before the Diocese’s bankruptcy filing that payment was forthcoming. 25. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the material misrepresentations and/or omissions of fact provided to him by Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees to his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees not represented to him that if he did not, the Diocese would have to file for bankruptcy. 26. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries, emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 27. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and mental anguish, and will also be forced to continue to FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. 28. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others from future similar misconduct. 29. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 30. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A SECOND CAUSE OF ACTION FOR FRAUD AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ. 31. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 30., inclusive with the same force and effect as if hereinafter set forth at length. 32. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. acted with an intent to deceive and/or defraud when he materially misrepresented and/or omitted facts to Plaintiff including, but not limited to, the financial condition of his client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. Plaintiff was explicitly told that if he did not settle the CVA Lawsuit, the Diocese would file for bankruptcy to avoid a jury trial. He was also explicitly told that if he did settle the CVA Lawsuit, that he would be compensated and finally get the closure that he needed to move forward with his life. Plaintiff thereafter settled the CVA lawsuit based upon Defendant MICHAEL L. COSTELLO, ESQ.’s representations. However, despite Defendant MICHAEL L. COSTELLO, ESQ.’s FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 representations, Plaintiff was never compensated. It is further alleged that Defendant MICHAEL L. COSTELLO, ESQ. materially misrepresented and/or omitted such facts in order to induce Plaintiff to settle the CVA Lawsuit for less than he could have otherwise recovered and forgo his right to a jury trial. 33. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was aware of the falsity of the materially misrepresented facts at the time that he presented them to Plaintiff as, upon information and belief, Defendant MICHAEL L. COSTELLO, ESQ. was aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed to settle the CVA Lawsuit, as well as when Defendant MICHAEL L. COSTELLO, ESQ. agreed on documents with Plaintiff to effectuate said settlement and when Defendant MICHAEL L. COSTELLO, ESQ. explicitly represented six (6) days before the Diocese’s bankruptcy filing that payment was forthcoming. 34. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the material misrepresentations and/or omissions of fact provided to him by Defendant MICHAEL L. COSTELLO, ESQ. to his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant MICHAEL L. COSTELLO, ESQ. not represented to him that if he did not, the Diocese would have to file for bankruptcy. 35. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL L. COSTELLO, ESQ., Plaintiff has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries, emotional distress and mental anguish, as Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 36. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and mental anguish, and will also be forced to continue to expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. 37. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and appropriate to deter him and others from future similar misconduct. 38. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 39. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A THIRD CAUSE OF ACTION FOR FRAUDULENT INDUCEMENT AS TO DEFENDANT TOBIN AND DEMPF, LLP 40. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 39., inclusive with the same force and effect as if hereinafter set forth at length. 41. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees acted with an intent to deceive and/or defraud when they intentionally materially misrepresented facts to Plaintiff including, but not limited to, the financial FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 condition of their client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. Plaintiff was explicitly told that if he did not settle the CVA Lawsuit, the Diocese would file for bankruptcy to avoid a jury trial. He was also explicitly told that if he did settle the CVA Lawsuit, that he would be compensated and finally get the closure that he needed to move forward with his life. Plaintiff thereafter settled the CVA lawsuit based upon Defendant TOBIN AND DEMPF, LLP’s representations. However, despite Defendant TOBIN AND DEMPF, LLP’s representations, Plaintiff was never compensated. It is further alleged that Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees materially misrepresented and/or omitted such facts in order to induce Plaintiff to settle the CVA Lawsuit for less than he could have otherwise recovered and forgo his right to a jury trial. 42. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees were aware of the falsity of the materially misrepresented facts at the time that they presented them to Plaintiff as, upon information and belief, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees were aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that they agreed to settle the CVA Lawsuit. 43. At all times herein mentioned, the materially misrepresented facts provided by Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees induced Plaintiff into the Agreement, as he would not have entered into the same had Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees not represented to him that if he did not, the Diocese would have to file for bankruptcy. 44. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the material misrepresentations provided to him by Defendant TOBIN AND DEMPF, LLP and/or FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 its agents, servants and/or employees to his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees not represented to him that if he did not do so, the Diocese would have to file for bankruptcy. 45. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries, emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 46. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and mental anguish, and will also be forced to continue to expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. 47. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others from future similar misconduct. FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 48. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 49. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A FOURTH CAUSE OF ACTION FOR FRAUDULENT INDUCEMENT AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ. 50. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 49., inclusive with the same force and effect as if hereinafter set forth at length. 51. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. acted with an intent to deceive and/or defraud when he intentionally materially misrepresented facts to Plaintiff including, but not limited to, the financial condition of his client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. Plaintiff was explicitly told that if he did not settle the CVA Lawsuit, the Diocese would file for bankruptcy to avoid a jury trial. He was also explicitly told that if he did settle the CVA Lawsuit, that he would be compensated and finally get the closure that he needed to move forward with his life. Plaintiff thereafter settled the CVA lawsuit based upon Defendant MICHAEL L. COSTELLO, ESQ.’s representations. However, despite Defendant MICHAEL L. COSTELLO, ESQ.’s representations, Plaintiff was never compensated. It is further alleged that Defendant MICHAEL L. COSTELLO, ESQ. materially misrepresented and/or omitted such facts in order to induce Plaintiff to settle the CVA Lawsuit for less than he could have otherwise recovered and forgo his right to a jury trial. 52. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was aware of the falsity of the materially misrepresented facts at the time that he presented them to Plaintiff as, upon information and belief, Defendant MICHAEL L. COSTELLO, ESQ. was FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed to settle the CVA Lawsuit. 53. At all times herein mentioned, the materially misrepresented facts provided by Defendant MICHAEL L. COSTELLO, ESQ. induced Plaintiff into the Agreement, as he would not have entered into the same had Defendant MICHAEL L. COSTELLO, ESQ. not represented to him that if he did not, the Diocese would have to file for bankruptcy. 54. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the material misrepresentations provided to him by Defendant MICHAEL L. COSTELLO, ESQ. to his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant MICHAEL L. COSTELLO, ESQ. not represented to him that if he did not, the Diocese would have to file for bankruptcy. 55. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL L. COSTELLO, ESQ., Plaintiff has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries, emotional distress and mental anguish, as Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 56. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 mental anguish, and will also be forced to continue to expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. 57. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and appropriate to deter him and others from future similar misconduct. 58. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 59. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A FIFTH CAUSE OF ACTION FOR AIDING AND ABETTING FRAUD AS TO DEFENDANT TOBIN AND DEMPF, LLP 60. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 59., inclusive with the same force and effect as if hereinafter set forth at length. 61. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees acted with an intent to deceive and/or defraud when they materially misrepresented facts to Plaintiff including, but not limited to, the financial condition of their client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. 62. At all times herein mentioned, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees were aware of the falsity of the materially misrepresented facts at the time that they presented them to Plaintiff as, upon information and belief, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees were aware that the Diocese’s FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 bankruptcy filing was in progress and imminent at the time that they agreed to settle the CVA Lawsuit. Furthermore, Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees provided substantial assistance in committing the fraud unto Plaintiff as set forth herein as, upon information and belief, they materially mispresented and/or omitted the fact that the Diocese’s bankruptcy filing was in progress and imminent at the time that they agreed to settle the CVA Lawsuit. 63. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the material misrepresentations provided to him by Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees to his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees not represented to him that if he did not do so, the Diocese would have to file for bankruptcy. 64. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries, emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 65. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 pain and suffering, emotional distress and mental anguish, and will also be forced to continue to expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. 66. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others from future similar misconduct. 67. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 68. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A SIXTH CAUSE OF ACTION FOR AIDING AND ABETTING FRAUD AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ. 69. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 68., inclusive with the same force and effect as if hereinafter set forth at length. 70. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. acted with an intent to deceive and/or defraud when he materially misrepresented facts to Plaintiff including, but not limited to, the financial condition of his client, the Diocese, and how if the CVA Lawsuit did not settle, the Diocese would have to file for bankruptcy. 71. At all times herein mentioned, Defendant MICHAEL L. COSTELLO, ESQ. was aware of the falsity of the materially misrepresented facts at the time that he presented them to Plaintiff as, upon information and belief, Defendant MICHAEL L. COSTELLO, ESQ. was aware that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 to settle the CVA Lawsuit. Furthermore, Defendant MICHAEL L. COSTELLO provided substantial assistance in committing the fraud unto Plaintiff as set forth herein as, upon information and belief, he materially mispresented and/or omitted the fact that the Diocese’s bankruptcy filing was in progress and imminent at the time that he agreed to settle the CVA Lawsuit. 72. At all times herein mentioned, Plaintiff reasonably and justifiably relied on the material misrepresentations provided to him by Defendant MICHAEL L. COSTELLO, ESQ. to his own detriment, as he would not have agreed to settle the CVA Lawsuit and forgo his right to a jury trial had Defendant MICHAEL L. COSTELLO, ESQ. not represented to him that if he did not do so, the Diocese would have to file for bankruptcy. 73. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL L. COSTELLO, ESQ., Plaintiff has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries, emotional distress and mental anguish, as Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 74. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and mental anguish, and will also be forced to continue to expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 75. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and adequate, and Plaintiff is further entitled to punitive and exemplary damages from Defendant MICHAEL L. COSTELLO, ESQ. in such sums as a jury would find fair, just and appropriate to deter him and others from future similar misconduct. 76. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 77. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR A SEVENTH CAUSE OF ACTION FOR BREACH OF CONTRACT AS TO DEFENDANT TOBIN AND DEMPF, LLP 78. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 77., inclusive with the same force and effect as if hereinafter set forth at length. 79. At all times herein mentioned, the Agreement was and is an existing, enforceable contract. 80. At all times herein mentioned, the Agreement required: (i) Plaintiff to execute and return four originals of the Agreement to Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.; and, (ii) Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. to issue payment to counsel for Plaintiff within twenty-one days of the receipt of the Agreement. 81. Pursuant to its terms, Plaintiff materially performed his contractual obligations by executing four originals of the Agreement which were then delivered via Federal Express and received by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. on March 8, 2023. FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 82. On March 9, 2023, counsel for Plaintiff also received verbal confirmation from Defendant MICHAEL L. COSTELLO, ESQ. that Defendant TOBIN AND DEMPF, LLP had received the Agreement such that payment was to be issued no later than Wednesday, March 29, 2023. 83. To date, Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. have failed to materially perform their commitments under the Agreement as payment is yet to be issued. This amounts to a material breach of the Agreement. 84. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has sustained, and will continue to sustain in the future, serious and severe psychological injuries and emotional distress and mental anguish, as Defendant TOBIN AND DEMPF, LLP’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 85. As a direct and proximate result of the aforementioned conduct of Defendant TOBIN AND DEMPF, LLP and/or its agents, servants and/or employees, Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and mental anguish, and will also be forced to continue to expend sums of money on his behalf in order to ensure that he gets the justice and compensation that he rightfully deserves. 86. By reason of the foregoing, Plaintiff is entitled to compensatory damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and adequate, FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 and Plaintiff is further entitled to punitive and exemplary damages from Defendant TOBIN AND DEMPF, LLP in such sums as a jury would find fair, just and appropriate to deter it and others from future similar misconduct. 87. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 88. This action falls within exceptions to Article 16 of the C.P.L.R. AS AND FOR AN EIGHTH CAUSE OF ACTION FOR BREACH OF CONTRACT AS TO DEFENDANT MICHAEL L. COSTELLO, ESQ. 89. Plaintiff repeats, reiterates and realleges each and every allegation contained in those paragraphs of this Amended Verified Complaint marked and designated 1. through 88., inclusive with the same force and effect as if hereinafter set forth at length. 90. At all times herein mentioned, the Agreement was and is an existing, enforceable contract. 91. At all times herein mentioned, the Agreement required: (i) Plaintiff to execute and return four originals of the Agreement to Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ.; and, (ii) Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. to issue payment to counsel for Plaintiff within twenty-one days of the receipt of the Agreement. 92. Pursuant to its terms, Plaintiff materially performed his contractual obligations by executing four originals of the Agreement which were then delivered via Federal Express and received by Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. on March 8, 2023. 93. On March 9, 2023, counsel for Plaintiff also received verbal confirmation from Defendant MICHAEL L. COSTELLO, ESQ. that Defendant TOBIN AND DEMPF, LLP had FILED: ALBANY COUNTY CLERK 06/04/2024 07:51 PM INDEX NO. 901925-24 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 06/04/2024 received the Agreement such that payment was to be issued no later than Wednesday, March 29, 2023. 94. To date, Defendants TOBIN AND DEMPF, LLP and MICHAEL L. COSTELLO, ESQ. have failed to materially perform their commitments under the Agreement as payment is yet to be issued. This amounts to a material breach of the Agreement. 95. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL. L. COSTELLO, ESQ., Plaintiff has sustained, and will continue to sustain in the future, serious and severe psychological injuries and emotional distress and mental anguish, as Defendant MICHAEL L. COSTELLO, ESQ.’s conduct forced him to reopen a chapter of his life that he thought had finally closed, and forced him to have to relive the sexual abuse that he endured at the hands one of the Diocese’s priests when he was a child, thereby revictimizing and retraumatizing him. 96. As a direct and proximate result of the aforementioned conduct of Defendant MICHAEL. L. COSTELLO, ESQ., Plaintiff has incurred medical expenses and other economic damages, and will now be obligated to expend sums of money for medical care and attention in effort to cure himself of his injuries and to alleviate his pain and suffering, emotional distress and mental anguish, and will also be forced to continue to