Answer: James Mccullagh v. The Roman Catholic Archdiocese Of New York, St. Paul'S Church, St. Anthony Parish, Daniel Calabrese

On December 27, 2019 a Answer was filed involving a dispute between James Mccullagh, and Daniel Calabrese, St. Anthony Parish, St. Paul'S Church, The Roman Catholic Archdiocese Of New York, for Torts - Child Victims Act in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 08/12/2020 02:07 PM INDEX NO. 950259/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/12/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JAMES McCULLAGH, Index No. 950259/2019

Plaintiff, VERIFIED ANSWER

-against-

THE ROMAN CATHOLIC ARCHDIOCESE OF NEW
YORK. ST. PAUL’S CHURCH, ST. ANTHONY
PARISH, and DANIEL CALABRESE,

Defendants.
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Defendant, The Parish of St. Paul-St. Ann, s/h/a St. Paul’s Church, (“Church”), for its

answer to the verified complaint herein, alleges the following upon information and belief:

1. Upon information and belief, the Archdiocese is incorporated pursuant to the New

York State Religious Corporations Law.

2. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “2” of the verified complaint

3. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “3” of the verified complaint and refers all questions of law

to the Court.

4. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “4” of the verified complaint and refers all questions of law

to the Court.

5. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in paragraph “5” of the verified complaint and refer all questions of law to

the Court.

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6. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in paragraph “6” of the verified complaint and refer all questions of law to

the Court.

7. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in paragraph “7” of the verified complaint and refer all questions of law to

the Court.

8. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “8” of the verified complaint and refers all questions of law

to the Court.

9. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “9” of the verified complaint and refers all questions of law

to the Court.

10. The Church is a religious corporation located at 82 Lake Road, Congers, New

York.

11. Admit the allegations set forth in paragraph “11” of the verified complaint.

12. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “12” of the verified complaint and refer all questions of law to

the Court.

13. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “13” of the verified complaint and refer all questions of law to

the Court.

14. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “14” of the verified complaint and refers all questions of law to

the Court.
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15. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “15” of the verified complaint.

16. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “16” of the verified complaint.

17. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in paragraph “17” of the verified complaint and refer all questions of law to

the Court.

18. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations contained in paragraph “18” of the verified complaint and refer all questions of law to

the Court.

19. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “19” of the verified complaint.

20. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “20” of the verified complaint.

21. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “21” of the verified complaint.

22. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “22” of the verified complaint.

23. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “23” of the verified complaint.

24. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “24” of the verified complaint.

25. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “25” of the verified complaint.
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26. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “26” of the verified complaint.

27. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “27” of the verified complaint.

28. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “28” of the verified complaint.

29. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “29” of the verified complaint.

30. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “30” of the verified complaint.

31. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “31” of the verified complaint.

32. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “32” of the verified complaint.

33. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “33” of the verified complaint.

34. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “34” of the verified complaint and refers all questions of law to

the Court.

35. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “35” of the verified complaint and refers all questions of law to

the Court.

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36. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “36” of the verified complaint and refers all questions of law to

the Court.

37. Denies each and every allegation set forth in in paragraph “37” of the verified

complaint.

38. Denies each and every allegation set forth in in paragraph “38” of the verified

complaint and refers all questions of law to the court.

39. Denies each and every allegation set forth in in paragraph “39” of the verified

complaint and refers all questions of law to the Court.

40. Denies each and every allegation set forth in paragraph 40 of the verified

complaint and refers all questions of law to the Court.

41. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “41” of the verified complaint.

42. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “42” of the verified complaint.

43. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “43” of the verified complaint.

44. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “44” of the verified complaint.

45. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “45” of the verified complaint.

46. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “46” of the verified complaint.

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47. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “47” of the verified complaint.

48. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “48” of the verified complaint.

49. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “49” of the verified complaint.

50. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “50” of the verified complaint.

51. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “51” of the verified complaint.

52. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “52” of the verified complaint.

53. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “53” of the verified complaint.

54. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in in paragraph “54” of the verified complaint.

55. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “55” of the verified complaint.

56. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph 56 of the verified complaint.

57. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “57” of the verified complaint.

58. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “58” of the verified complaint.
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59. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “59” of the verified complaint.

60. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “60” of the verified complaint.

61. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “61” of the verified complaint.

62. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “62” of the verified complaint.

63. Denies each and every allegation set forth in paragraph “63” of the verified

complaint.

64. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “64” of the verified complaint.

65. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “65” of the verified complaint.

66. Denies each and every allegation set forth in paragraph “66” of the verified

complaint.

67. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “67” of the verified complaint.

68. Denies each and every allegation set forth in paragraph “68” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

69. Denies each and every allegation set forth in paragraph “69” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.
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70. Denies each and every allegation set forth in paragraph “70” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

71. Denies each and every allegation set forth in paragraph “70” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

72. Denies each and every allegation set forth in paragraph “72” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

73. Denies each and every allegation set forth in paragraph “73” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

74. Denies each and every allegation set forth in paragraph “74” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

75. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “75” of the verified complaint.

76. Denies each and every allegation set forth in paragraph “76” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

77. Denies each and every allegation set forth in paragraph “77” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

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78. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “78” of the verified complaint.

79. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “79” of the verified complaint.

80. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “80” of the verified complaint.

81. Denies each and every allegation set forth in paragraph “71” of the verified

complaint and refers all questions of law to the Court.

82. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “82” of the verified complaint t.

83. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “83” of the verified complaint.

84. Denies each and every allegation set forth in paragraph “84” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

85. Denies each and every allegation set forth in paragraph “85” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

86. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “86” of the verified complaint.

87. Denies each and every allegation set forth in paragraph “87” of the verified

complaint and refers all questions of law to the Court.

88. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “88” of the verified complaint.
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89. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “89” of the verified complaint.

90. Denies each and every allegation set forth in paragraph “90” of the verified

complaint directed at the Church, refers all questions of law to the Court and denies knowledge

or information sufficient to form a belief as to the truth of the remaining allegations set forth in

that paragraph.

91. Denies each and every allegation set forth in paragraph “91” of the verified

complaint directed at the Church and denies knowledge or information sufficient to form a belief

as to the truth of the remaining allegations set forth in that paragraph.

92. Denies each and every allegation set forth in paragraph “92” of the verified

complaint.

93. Denies each and every allegation set forth in paragraph “93” of the verified

complaint.

94. Denies knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in paragraph “94” of the verified complaint and refers all questions of law to

the Court.

AFFIRMATIVE AND OTHER DEFENSES

In further response to plaintiff’s verified complaint, the Church hereby asserts the

following affirmative and other defenses, without conceding that it bears the burden of

persuasion as to any of them except those deemed affirmative defenses by law, regardless of how

such defenses are denominated herein. Nor does the Church admit that plaintiff is relieved of the

burden to prove each and every element of their claims and the damages, if any, to which they

claim to be entitled. As for its defenses, the Church reasserts and reincorporates as if fully set

forth herein their responses, above, to the verified complaint.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE

95. In the event that a settlement occurs, all of the provisions of General Obligations

Law 15-108 are applicable.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

96. The Church pleads and reserves the right to claim the limitations of liability

pursuant to Article 16 of the CPLR, for any recovery herein by Plaintiff for any non-economic

loss.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

97. Upon information and belief, some or all of plaintiff’s damages are barred and/or

subject to CPLR 4545.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

98. The Church is entitled to a reduction in damages for any amount plaintiff has

received as collateral source payment as defined and applied by the Civil Practice Law and

Rules.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

99. The verified complaint herein, and each cause of action thereof, fails to set forth

facts sufficient to state a claim upon which relief may be granted against the Church and further

fails to state facts sufficient to entitle plaintiff to the relief sought, or to any other relief

whatsoever from the Church.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

100. The verified complaint herein, and each cause of action thereof, fails to set forth

facts sufficiently detailed as to “give the court and parties notice of the transactions, occurrences,

or series of transactions or occurrences, intended to be proved and the material elements of each

cause of action or defense” as required by CPLR §3013.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

101. Upon information and belief, the occurrence alleged in the verified complaint

herein, if proven true, was unfortunate, unforeseeable, and could not have been prevented by The

Church.

AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE

102. The servants, agents and/or employees of the Church did not take part in or direct

the acts at issue in the verified complaint.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

103. If the plaintiff was abused in the manner alleged, such abuse was not caused or

due to the acts or omissions of the Church, its agent, servants and/or employees.

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

104. It is alleged in the verified complaint that the damages sustained by the plaintiff

were the result of the acts of the defendants. the Church denies such acts occurred but in the

event it is determined that such acts did occur and were undertaken by an employee of the

Church, then The Church alleges that such acts were outside the scope of the authority and

employment with The Church and performed for a purpose foreign to any employment with the

Church and were not ratified or consented to by the Church.

AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE

105. It is alleged in the verified complaint that the damages sustained by the plaintiff

were the result of the acts of the defendants. The Church denies such acts occurred but in the

event it is determined that such acts did occur and were undertaken by an employee of the

Church, then the Church alleges that it did not have any notice or awareness of any propensity on

the part of any employee to commit such acts as alleged in the verified complaint.

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AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE

106. The verified complaint, to the extent that it seeks exemplary or punitive damages,

violates the Church’s right to procedural due process under the Fourteenth Amendment of the

United States Constitution, and the Constitution of the State of New York, and therefore fails to

state a cause of action upon which either punitive or exemplary damages can be awarded.

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

107. The verified complaint, to the extent that it seeks punitive or exemplary damages,

violates The Church’s right to protection from “excessive fines” as provided in the Eighth

Amendment of the United States Constitution and the Constitution of the State of New York and

violates The Church’s right to substantive due process as provided in the Fifth and Fourteenth

Amendments of the United States Constitution of the State of New York, and therefore fails to

state a cause of action supporting the punitive or exemplary damages claimed.

AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

108. The Church is informed and believes and on that basis alleges that the verified

complaint, and each cause of action therein, is barred by reason of Article VI of the United States

Constitution.

AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

109. In the event that a court determines that the passage and enactment of CPLR §

214-g violates the Church’s Due Process rights, pursuant to the Fourteenth Amendment of the

United States Constitution and Article 1, § 6 of the New York State Constitution and/or freedom

of religion protections pursuant to the First Amendment of the United States Constitution, the

Church will seek dismissal of this action.

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AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE

110. The Church’s adoption of and compliance with the religious and canonical

customs, norms, and usages of the Roman Catholic Church and its compliance with and its

determinations made under Canon Law are protected by the First Amendment of the United

States Constitution and Article 1, §§ 3 and 11 of the New York State Constitution.

AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE

111. In the event the Church is liable, and plaintiff has provable damages, plaintiff

failed to mitigate such damages when plaintiff had an opportunity to do so.

AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE

112. The Church reserves the right to amend and supplement its affirmative and other

defenses to include additional defenses at such time and to such extent as warranted by discovery

and the factual developments in this case.

WHEREFORE, defendants demand judgment dismissing plaintiff’s verified complaint,

together with the costs, expenses, disbursements and attorneys’ fees of this action and for such

other and further relief as this Court deems just and proper.

Dated: Hawthorne, New York
August 12, 2020
TRAUB LIEBERMAN STRAUS
& SHREWSBERRY LLP
Attorneys for Defendant
The Parish of St. Paul-St. Ann,
s/h/a St. Paul’s Church

By: Jonathan R. Harwood
Jonathan R. Harwood, Esq.
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600

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ATTORNEY VERIFICATION

STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )

Jonathan R. Harwood, deposes and says:

The Parish of St. Paul-St. Ann, s/h/a St. Paul’s Church is a defendant in this action.

I am a partner of TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, which has
been retained to represent St. Ann in the action herein;

I have read the annexed VERIFIED ANSWER and know the contents thereof, and the
same is true to my knowledge, except to those matters therein which are stated to be alleged
upon information and belief, and as to those matters I believe them to be true.

My belief, as to those matters therein not stated upon my knowledge, is based upon
information contained in our file.

I affirm that the foregoing statements are true under penalties of perjury.

This Verification is made by me and not by the Defendant because its offices are located
outside the county in which my office is located.

Dated: Hawthorne, New York
August 12, 2020
Jonathan R. Harwood
JONATHAN R. HARWOOD

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Case Info

Judge

George J. Silver Track Judge’s New Case

Case No.

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Document Filed Date

August 12, 2020

Case Filing Date

December 27, 2019

County

Parties

Daniel Calabrese Defendant
FILIBERTI, JOANNE Attorney for the Defendants
HARRINGTON, PETER F Attorney for the Defendants
HARWOOD, JONATHAN R Attorney for the Defendants
James Mccullagh Plaintiff
MCSPEDON, JOSEPH Attorney for the Defendants
SAGHIR, PETER JAMES Attorney for the Plaintiff
ST. ANTHONY PARISH Defendant
ST. PAUL'S CHURCH Defendant
THE ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK Defendant
JANET SCULLY Attorneys for Defendants

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