Preview
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Laurence Krause, Index No.:
Date Index No. Purchased:
Plaintiff,
Plaintiff designates as the place of trial:
-against-
COUNTY OF NEW YORK
The basis of venue is:
Greater New York Council, The Defendant resides in this county, and a
substantial part of the events giving rise to the
claim occurred in this county
Defendant.
Summons
To the above named Defendant(s):
You are hereby summoned to answer the Complaint in this action and to serve a copy of your
Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on
the Plaintiff’s Attorney(s) within twenty (20) days after the service of this Summons, exclusive of the
day of service (or within 30 days after the service is complete if this Summons is not personally
delivered to you within the State of New York); and in case of your failure to Appear or Answer,
Judgment will be taken against you by default for the relief demanded in the Complaint.
Dated: 08/03/2021
New York, New York
__________________
Jerry Kristal, Esq.
WEITZ & LUXENBERG, P.C.
Attorneys for Plaintiff
700 Broadway
New York, New York 10003
(856) 406-3999
(646) 293-4969 - fax
To: Greater New York Council
475 Riverside Drive
New York, NY 10115
1
1 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Laurence Krause, Index No.
Plaintiff,
v. VERIFIED COMPLAINT
Greater New York Council, JURY TRIAL DEMANDED
Defendant.
Plaintiff, Laurence Krause, (“Plaintiff”) by and through Plaintiff’s attorneys, Weitz &
Luxenberg P.C., as and for Plaintiff’s Verified Complaint in the above entitled action against the
Defendant, Greater New York Council herein, respectfully shows to this Court, and alleges upon
information and belief, the following:
INTRODUCTION
1. This action arises out of the sexual abuse of the Plaintiff by Mario Vieites, a scoutmaster
in Greater New York Council of the Boy Scouts of America (“BSA”), while Plaintiff was a minor
in that organization.
2. Greater New York Council is a council of the BSA located in the County of New York.
3. In or around the age of approximately 13 years old Plaintiff was a member of a troop
and/or attended a camp of Greater New York Council where Plaintiff was repeatedly sexually
abused by Mario Vieites, a scoutmaster.
4. Plaintiff’s claims are timely under the provisions of the Child Victims Act creating a now
two-year window, beginning August 14, 2019, within which to file previously barred claims
regarding childhood sexual abuse (see CPLR 214-g).
JURISDICTION AND VENUE
2
2 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
5. This Court has jurisdiction over this action pursuant to CPLR §301 because Defendant
either resides or conducts business in the State of New York. Alternatively, this Court has
jurisdiction pursuant to CPLR §302 because the tortious acts alleged herein took place within the
State of New York, County of New York.
6. This Court has jurisdiction over this action because the amount of damages Plaintiff seeks
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
7. Venue for this action is proper in this Court under CPLR §503 (a) in that Defendant
resides in and a substantial part of the events and omissions giving rise to this claim occurred in
the County of New York.
PARTIES
8. Plaintiff is an individual residing in County of Suwannee, Florida. At all times material
to this Complaint, Plaintiff was a resident of the State of New York.
9. From approximately 1976 through approximately 1980 and for a period of time prior and
subsequent thereto Plaintiff was a resident of the County of New York, New York.
10. Upon information and belief, at all times mentioned herein, Defendant Greater New
York Council was and still is a corporation organized and managed pursuant to the laws of the
State of New York.
11. Upon information and belief, at all relevant times the Greater New York Council was a
local council of the BSA that acted as an agent of the BSA as to the Boy Scout troops, Cub Scout
troops, and other troops under its jurisdiction within the BSA, including Plaintiff’s troop when he
was sexually abused by Mario Vieites.
3
3 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
12. Upon information and belief, at all times mentioned herein, Defendant Greater New
York Council, by and through its agents, servants, employees, agencies, and/or departments,
operated Plaintiff’s BSA troop and/or camp.
13. Upon information and belief, at all times mentioned herein, Defendant Greater New
York Council, by and through its agents, servants, employees, agencies, and/or departments,
supervised Plaintiff’s BSA troop and/or camp.
14. Upon information and belief, at all times mentioned herein, Defendant Greater New
York Council by and through its agents, servants, employees, agencies, and/or departments,
controlled Plaintiff’s BSA troop and/or camp.
15. Upon information and belief, at all times mentioned herein, Defendant Greater New
York Council held itself out as owning, managing, maintaining, supervising, and/or controlling
Plaintiff’s BSA troop and/or camp. In exchange for the opportunity to participate in the Greater
New York Council’s programming and activities, including attending its camps, the child members
of every BSA Troop, Cub Scout Troop, and other Troop affiliated with the BSA in the United
States, including those in New York, would pay the an annual membership fee, including Plaintiff
when he was a child member.
16. Upon information and belief, at all relevant times Greater New York Council was
responsible for the hiring of and staffing for many of the leadership positions of Plaintiff’s troop
and/or camp.
17. Upon information and belief, at all relevant times Greater New York Council was
responsible for the recruitment and staffing of volunteers for Plaintiff’s troop and/or camp.
18. Upon information and belief, at all relevant times the Greater New York Council
benefited from the operation of the troop and or camp that Plaintiff belonged to and/or attended
4
4 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
when he was sexually abused by Mario Vieites, including the services of Mario Vieites and the
services of those who managed and supervised Mario Vieites.
FACTS COMMON TO ALL CLAIMS
19. Upon information and belief, Mario Vieites was a BSA leader, staff member or volunteer
that Greater New York Council used and relied upon as a Scout leader or volunteer to serve the
Boy Scouts in Plaintiff’s troop and/or camp and, at all relevant times relevant hereto Mario Vieites
was acting in the course and scope of his position with the BSA
20. In approximately 1976, and for a period of time prior and subsequent thereto, Mario
Vieites, was employed by and/or was a volunteer with Defendant Greater New York Council,
which held itself out as owning, maintaining, supervising, and/or controlling Plaintiff’s troop
and/or camp.
21. In approximately 1976 and for a period of time prior and subsequent thereto, Mario
Vieites, worked in, volunteered with, was on the staff of, and/or had regular contact with the BSA
members of Greater New York Council thereby having had access to young children, including
but not limited to the Plaintiff herein.
22. At all relevant times, the Greater New York Council its agents, servants, and employees,
held Mario Vieites out to the public, to Plaintiff, and to Plaintiff’s parents/guardians, as having
been vetted, screened, and approved by the Defendant.
23. At all relevant times, Plaintiff and Plaintiff’s parents/guardians reasonably relied upon
the acts and representations of the Greater New York Council its agents, servants, and employees,
and reasonably believed that Mario Vieites was an agent of the Defendant who was vetted,
screened, and approved by the Defendant.
5
5 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
24. At all relevant times, Plaintiff and Plaintiff’s parents/guardians trusted Mario Vieites
because the Greater New York Council held Mario Vieites out as someone who was safe and could
be trusted with the supervision, care, custody, and control of Plaintiff.
25. At all relevant times, Plaintiff and Plaintiff’s parents/guardians believed that the Greater
New York Council would exercise such care as would a parent of ordinary prudence in comparable
circumstances when the Defendant assumed supervision, care, custody, and control
of Plaintiff.
26. In approximately 1976, and for a period of time prior and subsequent thereto, Defendant
Greater New York Council had both the ability and the authority to control the activities of Mario
Vieites.
27. Upon information and belief, Defendant Greater New York Council had or should have
had actual or constructive knowledge of the peculiar risk of BSA leaders and/or volunteers and/or
members engaging in the sexual abuse of minor children.
28. Starting in the early 1900s, the BSA knew that its leaders, volunteers, and members were
using their positions to groom and to sexually abuse children.
29. By 1935, the Chief Scout Executive of the BSA told the New York Times that almost
1,000 men had already been removed from Scouting because they “undertake to deal with sex
matters and become morbid on the subject and sometimes give way to temptation and develop
practices which make them degenerates.”
30. The BSA refers to its internal files on such individuals as its “perversion” files.
31. After 1985, the files that show that the BSA created at least 1,123 “perversion” files
between 1965 and 1985 – an average of more than one new “perversion” file a week.
6
6 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
32. While the sheer number of Scout leaders who have been accused of molesting children is
striking, particularly given the large percentage that either pled guilty or were found guilty, the
number of their victims is overwhelming. Many of the files reflect Scout leaders who allegedly
abused multiple children, sometimes more than twenty or thirty children.
33. Upon information and belief, the BSA’s own liability expert in another case testified that
the files from 1944 through 2016 contain the names of 7,819 Scout leaders and volunteers who
have been accused of child sexual abuse.
34. If each accused Scout leader and volunteer abused five children, which is likely a
conservative number, the total number of their victims would be close to 40,000.
35. Despite decades of knowledge that its scouting program was a magnet for child molesters,
the BSA and Greater New York Council failed to take reasonable steps to protect children from
being sexually abused.
36. Upon information and belief, based on the BSA's and Greater New York Council’s
wrongful conduct, a reasonable person could and would conclude that they knowingly and
recklessly disregarded the abuse of children and chose to protect their reputations and wealth over
those who deserved protection. The result is not surprising: for decades thousands of children were
sexually abused by Boy Scout leaders, volunteers, and members.
37. The Plaintiff is one child who was sexually abused because of the BSA’s and Greater
New York Council’s wrongful conduct. Beginning in approximately 1976, Mario Vieites
repeatedly sexually abused Plaintiff.
38. Prior to approximately 1976, Defendant Greater New York Council was aware and/or
should have been aware that Mario Vieites had inappropriate contact and inappropriate relations
with children, including but not limited to sexual contact with children.
7
7 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
39. Prior to approximately 1976, Mario Vieites had already developed the propensity for
inappropriate contact with children and a sordid history of sexually abusing children and/or was a
risk of sexually abusing children, of which Defendant Greater New York Council was aware and/or
should have been aware.
40. Plaintiff was a member of a troop and/or camp run, managed and operated by Greater
New York Council.
41. Upon information and belief, prior to approximately 1976, Mario Vieites sought out
positions and opportunities that permitted access to children for purposes including the grooming
of them for sexual abuse and sexually abusing them.
42. Upon information and belief, from approximately 1976 through approximately 1980, and
for a period of time prior and subsequent thereto, Mario Vieites engaged in activity uniquely
attractive to children including mentoring and serving as an example to children, taking them
camping and giving them money.
43. Grooming techniques utilized by Mario Vieites included, but was not limited to,
befriending Plaintiff, giving Plaintiff money and helping Plaintiff earn merit badges.
44. From approximately 1976 through approximately 1980, Defendant Greater New York
Council was aware or should have been aware that Mario Vieites was having inappropriate contact
and inappropriate relations with children, including but not limited to sexual contact with children,
including Plaintiff.
45. From approximately 1976 through approximately 1980, Mario Vieites’s sexual abuse of
the minor Plaintiff included, but was not limited to, masturbating Plaintiff, forcing Plaintiff to
masturbate him; forcing oral sex on Plaintiff, forcing Plaintiff to perform oral sex on him, taking
8
8 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
photographs of Plaintiff while naked and forcing other minor scouts to kiss each other and perform
oral sex on each other while taking photographs in Plaintiff’s presence.
46. At the time Plaintiff was subjected to this sexual abuse, Plaintiff was between the ages
of 13-17 years old.
47. Defendant the Greater New York Council had a duty to Plaintiff to ensure it was not
offering unfettered opportunity for pedophiles to approach and assault children with ease.
48. Defendant Greater New York Council knew and/or should have known that Mario
Vieites used their position in the BSA to harm minor children, including Plaintiff, and to create
and foster relationships exploited for sexual abuse.
49. As a direct result of Defendant’s and/or its agents’, servants’, employees’ and/or staff’s
conduct and breaches of duties as described herein, Plaintiff endured sexual violence, sex, sexual
abuse, sexual assault and molestation and sustained serious and severe damage, harm and injuries.
Plaintiff was caused to suffer severe and significant conscious pain and suffering, including
physical suffering resulting in psychological suffering, emotional suffering and distress and mental
anguish and will continue to suffer great pain of mind and body, severe and permanent emotional
distress and physical manifestations of emotional distress. Plaintiff has incurred and will continue
to incur medical expenses and has incurred and will continue to incur other economic damages
and losses, and will continue to experience and incur these damages and losses in the future.
CAUSES OF ACTION
FIRST CAUSE OF ACTION BASED ON STATUTORY LIABILITY
FOR VIOLATIONS OF PENAL LAW
50. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in
paragraphs 1 through 49 as if fully stated herein.
9
9 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
51. The conduct of the Defendant, and/or its agents, servants, employees and/or staff,
constituted violations of Article 130 of the Penal Law of the State of New York and/or its
predecessor statutes.
52. The conduct of the Defendant, and/or its agents, servants, employees and/or staff,
constituted violations of Article 130 of the Penal Law of the State of New York, including, but not
limited to, violations of Penal Law Sections, Article 130 sections 130.20, 130.45, 130.52 and
130.60.
53. The conduct of the Defendant and/or its agents, servants, employees and/or staff,
constituted violations of Article 260 of the Penal Law of the State of New York and/or its
predecessor statutes, including, but not limited to, Article 260 section 260.10.
54. The conduct of the Defendant and/or its agents, servants, employees and/or staff,
constituted violations of Article 115 of the Penal Law of the State of New York and/or its
predecessor statutes, including, but not limited to, Article 115 sections 115.00 and 115.05.
55. The subject sexual offenses was committed by Mario Vieites and the Defendant and/or
its agents, servants, employees, and/or staff against the Plaintiff. The sexual abuse of children by
adults, including those working and/or volunteering with the BSA, is a foreseeable result of the
Defendant’s conduct.
56. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or
staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and
safety of Plaintiff and duties owed Plaintiff.
57. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the
injuries described herein.
10
10 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
58. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally,
and/or in the alternative, for compensatory damages, and for punitive damages, together with
interest and costs.
SECOND CAUSE OF ACTION BASED ON
NEGLIGENCE
59. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in
paragraphs 1 through 58 as if fully stated herein.
60. While Plaintiff was under the care and supervision of the Defendant from approximately
1976 to approximately 1980, the Defendant stood in the place of Plaintiff’s parents (in loco
parentis), and as such was responsible for, amongst other things, Plaintiff’s care, well-being, and
safety, and had a duty to protect Plaintiff from abuse, assault and other harms, including but not
limited to sexual abuse. Plaintiff was entrusted by Plaintiff’s parents, guardians and/or family to
the control and supervision of the Defendant and Mario Vieites. During the times that Plaintiff
was entrusted to the Defendant, Mario Vieites was under the supervision and control of the
Defendant. The Defendant owe – and owed – a duty to children entrusted to them to act in loco
parentis and to prevent foreseeable injuries.
61. The Defendant at all relevant times represented or otherwise indicated to parents,
guardians and members of the troops and/or camps within Greater New York Council that minor
children would be physically safe while in the presence of the staff and/or volunteers in plaintiff’s
troop and/or camp. The Defendant entered into an express and/or implied duty to provide that when
Plaintiff was a minor and left in the presence of a staff member or volunteer with Greater New
York Council, Plaintiff would be kept reasonably safe and that staff and/or volunteers would not
sexually abuse Plaintiff.
11
11 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
62. The Defendant owed a duty of care to all minor persons, including Plaintiff, who was
likely to come in contact with Mario Vieites or was under the supervision of Mario Vieites, to
ensure that Mario Vieites did not use the Defendant’s assigned positions to injure minors by sexual
assault, sexual abuse, or sexual contact in violation of the laws of the State of New York.
63. The Defendant knew or should have known of Mario Vieites’s propensity for the conduct
which caused Plaintiff’s injuries prior to, or about the time of the injuries’ occurrence.
64. The sexual abuse of children by adults, including staff and/or volunteers, is a foreseeable
result of negligence.
65. The Defendant breached its duty to care for Plaintiff, failed to properly carry out its duty
to stand in the place of Plaintiff’s parents, and was negligent, careless and reckless in failing to
protect Plaintiff from abuse, assault and other harms, including but not limited to sexual abuse.
66. The Defendant had both actual and constructive notice of the sexual abuse of children in
and arising out of a BSA setting in general, as well as the specific sexual abuse and molestation of
minor children by Mario Vieites and failed to institute appropriate measures to stop the abuse.
67. The Defendant knew and should have known Mario Vieites posed a threat of sexual abuse
to children.
68. The Defendant knew and should have known of the peculiar risk of sexual abuse of
children in, and arising out of the BSA setting and failed to institute appropriate measures to
prevent, identify, and safeguard against such abuse. The sexual abuse of children by adults,
including those working in a BSA environment, is a foreseeable result of the Defendant’s conduct.
69. At all times mentioned herein, the Defendant and/or its agents, servants and/or employees
breached the above-stated duty in a negligent, reckless, willful and wanton manner, and caused
Plaintiff to be sexually assaulted.
12
12 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
70. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or
staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and
safety of Plaintiff and duties owed Plaintiff.
71. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the
injuries described herein.
72. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally,
and/or in the alternative, for compensatory damages, and for punitive damages, together with
interest and costs.
THIRD CAUSE OF ACTION BASED ON
NEGLIGENT FAILURE TO WARN AND
IMPLEMENT CHILD SEXUAL ABUSE POLICIES
73. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in
paragraphs 1 through 72 as if fully stated herein.
74. The Defendant had a duty to provide and maintain a reasonably safe scouting
environment for its members, including Plaintiff.
75. The Defendant failed to exercise reasonable care and take reasonable precautions for the
safety and well-being of the children BSA members in Greater New York Council including, but
not limited to, Plaintiff.
76. The Defendant failed to safeguard and protect Plaintiff while Plaintiff was a member of
BSA.
77. The Defendant was negligent in failing to adequately secure and monitor Plaintiff’s troop
and/or camp.
78. The Defendant failed to enact and/or enforce adequate written and/or verbal policies,
procedures, training, curricula and regulations to educate on, identify, prevent, and stop the sexual
13
13 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
abuse of children under its care. The sexual abuse of children by adults, including those in a BSA
environment, is a foreseeable result of Defendant’s conduct.
79. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or
staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and
safety of Plaintiff and duties owed Plaintiff.
80. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the
injuries described herein.
81. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally,
and/or in the alternative, for compensatory damages, and for punitive damages, together with
interest and costs.
FOURTH CAUSE OF ACTION BASED ON
NEGLIGENT HIRING
82. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in
paragraphs 1 through 81 as if fully stated herein.
83. The Defendant had a duty to conduct appropriate and proper hiring and screening of
those who may pose a risk of harm, including but not limited to sexual abuse, to minors, including
minors who had been entrusted to its care, custody, supervision and control.
84. The Defendant was negligent, careless and reckless, in the manner in which they
conducted its hiring of staff, including but not limited to Mario Vieites, and hired staff and
permitted volunteers such as Mario Vieites who had a history of abusing those whom they was
supposed to teach, care for, mentor and serve.
85. The Defendant knew or should have known of Mario Vieites’s propensity for the
conduct that caused Plaintiff’s injuries prior to, or about the time of, the injuries’ occurrence. The
Defendant negligently hired Mario Vieites with knowledge of his propensity for the type of
14
14 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
behavior, which resulted in Plaintiff’s injuries in this action or was negligent because they should
have known of such propensity. The Defendant failed to adequately investigate Mario Vieites’s
past and/or then current history of sexual abuse and/or inappropriate conduct and behavior with
children and/or risk factors for pedophilia and failed to administer the appropriate tests/exams or
ask the appropriate questions to determine whether Mario Vieites posed a potential risk for being
a child sexual predator.
86. The Defendant had a duty to prevent risks of harm which was known or which should
have been known, and to prevent its staff and/or volunteers from inflicting harm including but not
limited to sexual abuse upon the children who had been entrusted to them, including Plaintiff. The
sexual abuse of children by adults, including those working in or volunteering with the BSA
environment, is a foreseeable result of the Defendant’s conduct.
87. At all times material hereto, the Defendant and/or its agents, servants, employees,
and/or staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the
rights and safety of Plaintiff and duties owed Plaintiff.
88. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the
injuries described herein.
89. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally,
and/or in the alternative, for compensatory damages, and for punitive damages, together with
interest and costs.
FIFTH CAUSE OF ACTION BASED ON
NEGLIGENT SUPERVISION AND TRAINING
90. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in
paragraphs 1 through 89 as if fully stated herein.
15
15 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
91. The Defendant had a duty to adequately and properly supervise and train individuals
who they had hired and/or permitted to work as volunteers in a reasonably prudent fashion, to
identify those they hired and/or permitted to work as volunteers who may pose a risk of harm,
including, but not limited to, sexual abuse.
92. The Defendant had a duty to adequately and properly supervise and train individuals
who they had hired and/or permitted to work as volunteers in a reasonably prudent fashion, to
prevent those hired and/or permitted to work as volunteers from becoming a risk of harm,
including, but not limited to, sexual abuse.
93. The Defendant had a duty to prevent known risks of harm, and to prevent its staff and/or
volunteers from inflicting harm including, but not limited to, sexual abuse upon the children who
had been entrusted to them, including Plaintiff.
94. The Defendant had a duty to adequately train and supervise its staff and/or volunteers
so as to ensure the safety and well-being of the children who had been entrusted to them, including
Plaintiff.
95. The Defendant had a duty to adequately train and supervise its staff and/or volunteers
so as to ensure that they carried out its duties in a manner which reduced and/or eliminated the risk
of harm, including, but not limited to, sexual abuse, to those who had been entrusted to its care,
custody, supervision, and control, including Plaintiff.
96. The Defendant had a duty to adequately supervise its staff and/or volunteers so as to
ensure that they did not sexually abuse those who had been entrusted to its care, custody,
supervision, and control, including Plaintiff.
97. The Defendant was negligent, careless and reckless in the manner in which they
supervised its staff and/or volunteers, including, but not limited to Mario Vieites, in that they failed
16
16 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
to prevent them from sexually abusing those who had been entrusted to its care, custody,
supervision and control including but not limited to the Plaintiff. The sexual abuse of children by
adults, including those working in a BSA environment, is a foreseeable result of Defendant’s
conduct.
98. The Defendant was negligent, careless and reckless in its failure to properly train and
supervise its staff, and/or volunteers, so as to ensure that they were not sexually abusing the
children or allowing the sexual abuse of children who was entrusted to its care, custody,
supervision, and control, including Plaintiff. The sexual abuse of children by adults, including
those working in a BSA environment, is a foreseeable result of the Defendant’s conduct.
99. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or
staff were willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and
safety of Plaintiff and duties owed Plaintiff.
100. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the
injuries described herein.
101. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally,
and/or in the alternative, for compensatory damages, and for punitive damages, together with
interest and costs.
SIXTH CAUSE OF ACTION BASED ON
NEGLIGENT RETENTION
102. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in
paragraphs 1 through 101 as if fully stated herein.
103. The Defendant had a duty to conduct appropriate and proper retention practices to prevent
the retention of those who may pose a risk of harm, including but not limited to sexual abuse, to
minors, including minors who had been entrusted to its care, custody, supervision and control.
17
17 of 25
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021
104. The sexual abuse of children by adults, including BSA staff and/or volunteers, is a
foreseeable result of n
Preview
FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Laurence Krause, Index No.: Date Index No. Purchased: Plaintiff, Plaintiff designates as the place of trial: -against- COUNTY OF NEW YORK The basis of venue is: Greater New York Council, The Defendant resides in this county, and a substantial part of the events giving rise to the claim occurred in this county Defendant. Summons To the above named Defendant(s): You are hereby summoned to answer the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff’s Attorney(s) within twenty (20) days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to Appear or Answer, Judgment will be taken against you by default for the relief demanded in the Complaint. Dated: 08/03/2021 New York, New York __________________ Jerry Kristal, Esq. WEITZ & LUXENBERG, P.C. Attorneys for Plaintiff 700 Broadway New York, New York 10003 (856) 406-3999 (646) 293-4969 - fax To: Greater New York Council 475 Riverside Drive New York, NY 10115 1 1 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Laurence Krause, Index No. Plaintiff, v. VERIFIED COMPLAINT Greater New York Council, JURY TRIAL DEMANDED Defendant. Plaintiff, Laurence Krause, (“Plaintiff”) by and through Plaintiff’s attorneys, Weitz & Luxenberg P.C., as and for Plaintiff’s Verified Complaint in the above entitled action against the Defendant, Greater New York Council herein, respectfully shows to this Court, and alleges upon information and belief, the following: INTRODUCTION 1. This action arises out of the sexual abuse of the Plaintiff by Mario Vieites, a scoutmaster in Greater New York Council of the Boy Scouts of America (“BSA”), while Plaintiff was a minor in that organization. 2. Greater New York Council is a council of the BSA located in the County of New York. 3. In or around the age of approximately 13 years old Plaintiff was a member of a troop and/or attended a camp of Greater New York Council where Plaintiff was repeatedly sexually abused by Mario Vieites, a scoutmaster. 4. Plaintiff’s claims are timely under the provisions of the Child Victims Act creating a now two-year window, beginning August 14, 2019, within which to file previously barred claims regarding childhood sexual abuse (see CPLR 214-g). JURISDICTION AND VENUE 2 2 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 5. This Court has jurisdiction over this action pursuant to CPLR §301 because Defendant either resides or conducts business in the State of New York. Alternatively, this Court has jurisdiction pursuant to CPLR §302 because the tortious acts alleged herein took place within the State of New York, County of New York. 6. This Court has jurisdiction over this action because the amount of damages Plaintiff seeks exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 7. Venue for this action is proper in this Court under CPLR §503 (a) in that Defendant resides in and a substantial part of the events and omissions giving rise to this claim occurred in the County of New York. PARTIES 8. Plaintiff is an individual residing in County of Suwannee, Florida. At all times material to this Complaint, Plaintiff was a resident of the State of New York. 9. From approximately 1976 through approximately 1980 and for a period of time prior and subsequent thereto Plaintiff was a resident of the County of New York, New York. 10. Upon information and belief, at all times mentioned herein, Defendant Greater New York Council was and still is a corporation organized and managed pursuant to the laws of the State of New York. 11. Upon information and belief, at all relevant times the Greater New York Council was a local council of the BSA that acted as an agent of the BSA as to the Boy Scout troops, Cub Scout troops, and other troops under its jurisdiction within the BSA, including Plaintiff’s troop when he was sexually abused by Mario Vieites. 3 3 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 12. Upon information and belief, at all times mentioned herein, Defendant Greater New York Council, by and through its agents, servants, employees, agencies, and/or departments, operated Plaintiff’s BSA troop and/or camp. 13. Upon information and belief, at all times mentioned herein, Defendant Greater New York Council, by and through its agents, servants, employees, agencies, and/or departments, supervised Plaintiff’s BSA troop and/or camp. 14. Upon information and belief, at all times mentioned herein, Defendant Greater New York Council by and through its agents, servants, employees, agencies, and/or departments, controlled Plaintiff’s BSA troop and/or camp. 15. Upon information and belief, at all times mentioned herein, Defendant Greater New York Council held itself out as owning, managing, maintaining, supervising, and/or controlling Plaintiff’s BSA troop and/or camp. In exchange for the opportunity to participate in the Greater New York Council’s programming and activities, including attending its camps, the child members of every BSA Troop, Cub Scout Troop, and other Troop affiliated with the BSA in the United States, including those in New York, would pay the an annual membership fee, including Plaintiff when he was a child member. 16. Upon information and belief, at all relevant times Greater New York Council was responsible for the hiring of and staffing for many of the leadership positions of Plaintiff’s troop and/or camp. 17. Upon information and belief, at all relevant times Greater New York Council was responsible for the recruitment and staffing of volunteers for Plaintiff’s troop and/or camp. 18. Upon information and belief, at all relevant times the Greater New York Council benefited from the operation of the troop and or camp that Plaintiff belonged to and/or attended 4 4 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 when he was sexually abused by Mario Vieites, including the services of Mario Vieites and the services of those who managed and supervised Mario Vieites. FACTS COMMON TO ALL CLAIMS 19. Upon information and belief, Mario Vieites was a BSA leader, staff member or volunteer that Greater New York Council used and relied upon as a Scout leader or volunteer to serve the Boy Scouts in Plaintiff’s troop and/or camp and, at all relevant times relevant hereto Mario Vieites was acting in the course and scope of his position with the BSA 20. In approximately 1976, and for a period of time prior and subsequent thereto, Mario Vieites, was employed by and/or was a volunteer with Defendant Greater New York Council, which held itself out as owning, maintaining, supervising, and/or controlling Plaintiff’s troop and/or camp. 21. In approximately 1976 and for a period of time prior and subsequent thereto, Mario Vieites, worked in, volunteered with, was on the staff of, and/or had regular contact with the BSA members of Greater New York Council thereby having had access to young children, including but not limited to the Plaintiff herein. 22. At all relevant times, the Greater New York Council its agents, servants, and employees, held Mario Vieites out to the public, to Plaintiff, and to Plaintiff’s parents/guardians, as having been vetted, screened, and approved by the Defendant. 23. At all relevant times, Plaintiff and Plaintiff’s parents/guardians reasonably relied upon the acts and representations of the Greater New York Council its agents, servants, and employees, and reasonably believed that Mario Vieites was an agent of the Defendant who was vetted, screened, and approved by the Defendant. 5 5 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 24. At all relevant times, Plaintiff and Plaintiff’s parents/guardians trusted Mario Vieites because the Greater New York Council held Mario Vieites out as someone who was safe and could be trusted with the supervision, care, custody, and control of Plaintiff. 25. At all relevant times, Plaintiff and Plaintiff’s parents/guardians believed that the Greater New York Council would exercise such care as would a parent of ordinary prudence in comparable circumstances when the Defendant assumed supervision, care, custody, and control of Plaintiff. 26. In approximately 1976, and for a period of time prior and subsequent thereto, Defendant Greater New York Council had both the ability and the authority to control the activities of Mario Vieites. 27. Upon information and belief, Defendant Greater New York Council had or should have had actual or constructive knowledge of the peculiar risk of BSA leaders and/or volunteers and/or members engaging in the sexual abuse of minor children. 28. Starting in the early 1900s, the BSA knew that its leaders, volunteers, and members were using their positions to groom and to sexually abuse children. 29. By 1935, the Chief Scout Executive of the BSA told the New York Times that almost 1,000 men had already been removed from Scouting because they “undertake to deal with sex matters and become morbid on the subject and sometimes give way to temptation and develop practices which make them degenerates.” 30. The BSA refers to its internal files on such individuals as its “perversion” files. 31. After 1985, the files that show that the BSA created at least 1,123 “perversion” files between 1965 and 1985 – an average of more than one new “perversion” file a week. 6 6 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 32. While the sheer number of Scout leaders who have been accused of molesting children is striking, particularly given the large percentage that either pled guilty or were found guilty, the number of their victims is overwhelming. Many of the files reflect Scout leaders who allegedly abused multiple children, sometimes more than twenty or thirty children. 33. Upon information and belief, the BSA’s own liability expert in another case testified that the files from 1944 through 2016 contain the names of 7,819 Scout leaders and volunteers who have been accused of child sexual abuse. 34. If each accused Scout leader and volunteer abused five children, which is likely a conservative number, the total number of their victims would be close to 40,000. 35. Despite decades of knowledge that its scouting program was a magnet for child molesters, the BSA and Greater New York Council failed to take reasonable steps to protect children from being sexually abused. 36. Upon information and belief, based on the BSA's and Greater New York Council’s wrongful conduct, a reasonable person could and would conclude that they knowingly and recklessly disregarded the abuse of children and chose to protect their reputations and wealth over those who deserved protection. The result is not surprising: for decades thousands of children were sexually abused by Boy Scout leaders, volunteers, and members. 37. The Plaintiff is one child who was sexually abused because of the BSA’s and Greater New York Council’s wrongful conduct. Beginning in approximately 1976, Mario Vieites repeatedly sexually abused Plaintiff. 38. Prior to approximately 1976, Defendant Greater New York Council was aware and/or should have been aware that Mario Vieites had inappropriate contact and inappropriate relations with children, including but not limited to sexual contact with children. 7 7 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 39. Prior to approximately 1976, Mario Vieites had already developed the propensity for inappropriate contact with children and a sordid history of sexually abusing children and/or was a risk of sexually abusing children, of which Defendant Greater New York Council was aware and/or should have been aware. 40. Plaintiff was a member of a troop and/or camp run, managed and operated by Greater New York Council. 41. Upon information and belief, prior to approximately 1976, Mario Vieites sought out positions and opportunities that permitted access to children for purposes including the grooming of them for sexual abuse and sexually abusing them. 42. Upon information and belief, from approximately 1976 through approximately 1980, and for a period of time prior and subsequent thereto, Mario Vieites engaged in activity uniquely attractive to children including mentoring and serving as an example to children, taking them camping and giving them money. 43. Grooming techniques utilized by Mario Vieites included, but was not limited to, befriending Plaintiff, giving Plaintiff money and helping Plaintiff earn merit badges. 44. From approximately 1976 through approximately 1980, Defendant Greater New York Council was aware or should have been aware that Mario Vieites was having inappropriate contact and inappropriate relations with children, including but not limited to sexual contact with children, including Plaintiff. 45. From approximately 1976 through approximately 1980, Mario Vieites’s sexual abuse of the minor Plaintiff included, but was not limited to, masturbating Plaintiff, forcing Plaintiff to masturbate him; forcing oral sex on Plaintiff, forcing Plaintiff to perform oral sex on him, taking 8 8 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 photographs of Plaintiff while naked and forcing other minor scouts to kiss each other and perform oral sex on each other while taking photographs in Plaintiff’s presence. 46. At the time Plaintiff was subjected to this sexual abuse, Plaintiff was between the ages of 13-17 years old. 47. Defendant the Greater New York Council had a duty to Plaintiff to ensure it was not offering unfettered opportunity for pedophiles to approach and assault children with ease. 48. Defendant Greater New York Council knew and/or should have known that Mario Vieites used their position in the BSA to harm minor children, including Plaintiff, and to create and foster relationships exploited for sexual abuse. 49. As a direct result of Defendant’s and/or its agents’, servants’, employees’ and/or staff’s conduct and breaches of duties as described herein, Plaintiff endured sexual violence, sex, sexual abuse, sexual assault and molestation and sustained serious and severe damage, harm and injuries. Plaintiff was caused to suffer severe and significant conscious pain and suffering, including physical suffering resulting in psychological suffering, emotional suffering and distress and mental anguish and will continue to suffer great pain of mind and body, severe and permanent emotional distress and physical manifestations of emotional distress. Plaintiff has incurred and will continue to incur medical expenses and has incurred and will continue to incur other economic damages and losses, and will continue to experience and incur these damages and losses in the future. CAUSES OF ACTION FIRST CAUSE OF ACTION BASED ON STATUTORY LIABILITY FOR VIOLATIONS OF PENAL LAW 50. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in paragraphs 1 through 49 as if fully stated herein. 9 9 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 51. The conduct of the Defendant, and/or its agents, servants, employees and/or staff, constituted violations of Article 130 of the Penal Law of the State of New York and/or its predecessor statutes. 52. The conduct of the Defendant, and/or its agents, servants, employees and/or staff, constituted violations of Article 130 of the Penal Law of the State of New York, including, but not limited to, violations of Penal Law Sections, Article 130 sections 130.20, 130.45, 130.52 and 130.60. 53. The conduct of the Defendant and/or its agents, servants, employees and/or staff, constituted violations of Article 260 of the Penal Law of the State of New York and/or its predecessor statutes, including, but not limited to, Article 260 section 260.10. 54. The conduct of the Defendant and/or its agents, servants, employees and/or staff, constituted violations of Article 115 of the Penal Law of the State of New York and/or its predecessor statutes, including, but not limited to, Article 115 sections 115.00 and 115.05. 55. The subject sexual offenses was committed by Mario Vieites and the Defendant and/or its agents, servants, employees, and/or staff against the Plaintiff. The sexual abuse of children by adults, including those working and/or volunteering with the BSA, is a foreseeable result of the Defendant’s conduct. 56. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and safety of Plaintiff and duties owed Plaintiff. 57. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the injuries described herein. 10 10 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 58. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally, and/or in the alternative, for compensatory damages, and for punitive damages, together with interest and costs. SECOND CAUSE OF ACTION BASED ON NEGLIGENCE 59. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in paragraphs 1 through 58 as if fully stated herein. 60. While Plaintiff was under the care and supervision of the Defendant from approximately 1976 to approximately 1980, the Defendant stood in the place of Plaintiff’s parents (in loco parentis), and as such was responsible for, amongst other things, Plaintiff’s care, well-being, and safety, and had a duty to protect Plaintiff from abuse, assault and other harms, including but not limited to sexual abuse. Plaintiff was entrusted by Plaintiff’s parents, guardians and/or family to the control and supervision of the Defendant and Mario Vieites. During the times that Plaintiff was entrusted to the Defendant, Mario Vieites was under the supervision and control of the Defendant. The Defendant owe – and owed – a duty to children entrusted to them to act in loco parentis and to prevent foreseeable injuries. 61. The Defendant at all relevant times represented or otherwise indicated to parents, guardians and members of the troops and/or camps within Greater New York Council that minor children would be physically safe while in the presence of the staff and/or volunteers in plaintiff’s troop and/or camp. The Defendant entered into an express and/or implied duty to provide that when Plaintiff was a minor and left in the presence of a staff member or volunteer with Greater New York Council, Plaintiff would be kept reasonably safe and that staff and/or volunteers would not sexually abuse Plaintiff. 11 11 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 62. The Defendant owed a duty of care to all minor persons, including Plaintiff, who was likely to come in contact with Mario Vieites or was under the supervision of Mario Vieites, to ensure that Mario Vieites did not use the Defendant’s assigned positions to injure minors by sexual assault, sexual abuse, or sexual contact in violation of the laws of the State of New York. 63. The Defendant knew or should have known of Mario Vieites’s propensity for the conduct which caused Plaintiff’s injuries prior to, or about the time of the injuries’ occurrence. 64. The sexual abuse of children by adults, including staff and/or volunteers, is a foreseeable result of negligence. 65. The Defendant breached its duty to care for Plaintiff, failed to properly carry out its duty to stand in the place of Plaintiff’s parents, and was negligent, careless and reckless in failing to protect Plaintiff from abuse, assault and other harms, including but not limited to sexual abuse. 66. The Defendant had both actual and constructive notice of the sexual abuse of children in and arising out of a BSA setting in general, as well as the specific sexual abuse and molestation of minor children by Mario Vieites and failed to institute appropriate measures to stop the abuse. 67. The Defendant knew and should have known Mario Vieites posed a threat of sexual abuse to children. 68. The Defendant knew and should have known of the peculiar risk of sexual abuse of children in, and arising out of the BSA setting and failed to institute appropriate measures to prevent, identify, and safeguard against such abuse. The sexual abuse of children by adults, including those working in a BSA environment, is a foreseeable result of the Defendant’s conduct. 69. At all times mentioned herein, the Defendant and/or its agents, servants and/or employees breached the above-stated duty in a negligent, reckless, willful and wanton manner, and caused Plaintiff to be sexually assaulted. 12 12 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 70. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and safety of Plaintiff and duties owed Plaintiff. 71. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the injuries described herein. 72. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally, and/or in the alternative, for compensatory damages, and for punitive damages, together with interest and costs. THIRD CAUSE OF ACTION BASED ON NEGLIGENT FAILURE TO WARN AND IMPLEMENT CHILD SEXUAL ABUSE POLICIES 73. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in paragraphs 1 through 72 as if fully stated herein. 74. The Defendant had a duty to provide and maintain a reasonably safe scouting environment for its members, including Plaintiff. 75. The Defendant failed to exercise reasonable care and take reasonable precautions for the safety and well-being of the children BSA members in Greater New York Council including, but not limited to, Plaintiff. 76. The Defendant failed to safeguard and protect Plaintiff while Plaintiff was a member of BSA. 77. The Defendant was negligent in failing to adequately secure and monitor Plaintiff’s troop and/or camp. 78. The Defendant failed to enact and/or enforce adequate written and/or verbal policies, procedures, training, curricula and regulations to educate on, identify, prevent, and stop the sexual 13 13 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 abuse of children under its care. The sexual abuse of children by adults, including those in a BSA environment, is a foreseeable result of Defendant’s conduct. 79. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and safety of Plaintiff and duties owed Plaintiff. 80. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the injuries described herein. 81. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally, and/or in the alternative, for compensatory damages, and for punitive damages, together with interest and costs. FOURTH CAUSE OF ACTION BASED ON NEGLIGENT HIRING 82. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in paragraphs 1 through 81 as if fully stated herein. 83. The Defendant had a duty to conduct appropriate and proper hiring and screening of those who may pose a risk of harm, including but not limited to sexual abuse, to minors, including minors who had been entrusted to its care, custody, supervision and control. 84. The Defendant was negligent, careless and reckless, in the manner in which they conducted its hiring of staff, including but not limited to Mario Vieites, and hired staff and permitted volunteers such as Mario Vieites who had a history of abusing those whom they was supposed to teach, care for, mentor and serve. 85. The Defendant knew or should have known of Mario Vieites’s propensity for the conduct that caused Plaintiff’s injuries prior to, or about the time of, the injuries’ occurrence. The Defendant negligently hired Mario Vieites with knowledge of his propensity for the type of 14 14 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 behavior, which resulted in Plaintiff’s injuries in this action or was negligent because they should have known of such propensity. The Defendant failed to adequately investigate Mario Vieites’s past and/or then current history of sexual abuse and/or inappropriate conduct and behavior with children and/or risk factors for pedophilia and failed to administer the appropriate tests/exams or ask the appropriate questions to determine whether Mario Vieites posed a potential risk for being a child sexual predator. 86. The Defendant had a duty to prevent risks of harm which was known or which should have been known, and to prevent its staff and/or volunteers from inflicting harm including but not limited to sexual abuse upon the children who had been entrusted to them, including Plaintiff. The sexual abuse of children by adults, including those working in or volunteering with the BSA environment, is a foreseeable result of the Defendant’s conduct. 87. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or staff was willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and safety of Plaintiff and duties owed Plaintiff. 88. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the injuries described herein. 89. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally, and/or in the alternative, for compensatory damages, and for punitive damages, together with interest and costs. FIFTH CAUSE OF ACTION BASED ON NEGLIGENT SUPERVISION AND TRAINING 90. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in paragraphs 1 through 89 as if fully stated herein. 15 15 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 91. The Defendant had a duty to adequately and properly supervise and train individuals who they had hired and/or permitted to work as volunteers in a reasonably prudent fashion, to identify those they hired and/or permitted to work as volunteers who may pose a risk of harm, including, but not limited to, sexual abuse. 92. The Defendant had a duty to adequately and properly supervise and train individuals who they had hired and/or permitted to work as volunteers in a reasonably prudent fashion, to prevent those hired and/or permitted to work as volunteers from becoming a risk of harm, including, but not limited to, sexual abuse. 93. The Defendant had a duty to prevent known risks of harm, and to prevent its staff and/or volunteers from inflicting harm including, but not limited to, sexual abuse upon the children who had been entrusted to them, including Plaintiff. 94. The Defendant had a duty to adequately train and supervise its staff and/or volunteers so as to ensure the safety and well-being of the children who had been entrusted to them, including Plaintiff. 95. The Defendant had a duty to adequately train and supervise its staff and/or volunteers so as to ensure that they carried out its duties in a manner which reduced and/or eliminated the risk of harm, including, but not limited to, sexual abuse, to those who had been entrusted to its care, custody, supervision, and control, including Plaintiff. 96. The Defendant had a duty to adequately supervise its staff and/or volunteers so as to ensure that they did not sexually abuse those who had been entrusted to its care, custody, supervision, and control, including Plaintiff. 97. The Defendant was negligent, careless and reckless in the manner in which they supervised its staff and/or volunteers, including, but not limited to Mario Vieites, in that they failed 16 16 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 to prevent them from sexually abusing those who had been entrusted to its care, custody, supervision and control including but not limited to the Plaintiff. The sexual abuse of children by adults, including those working in a BSA environment, is a foreseeable result of Defendant’s conduct. 98. The Defendant was negligent, careless and reckless in its failure to properly train and supervise its staff, and/or volunteers, so as to ensure that they were not sexually abusing the children or allowing the sexual abuse of children who was entrusted to its care, custody, supervision, and control, including Plaintiff. The sexual abuse of children by adults, including those working in a BSA environment, is a foreseeable result of the Defendant’s conduct. 99. At all times material hereto, the Defendant and/or its agents, servants, employees, and/or staff were willful, wanton, malicious, reckless and/or outrageous in its disregard for the rights and safety of Plaintiff and duties owed Plaintiff. 100. As a direct and proximate result, Plaintiff has suffered and will continue to suffer the injuries described herein. 101. By reason of the foregoing, the Defendant is liable to the Plaintiff, jointly, severally, and/or in the alternative, for compensatory damages, and for punitive damages, together with interest and costs. SIXTH CAUSE OF ACTION BASED ON NEGLIGENT RETENTION 102. Plaintiff repeats and re-alleges each and every allegation in the Complaint as set forth in paragraphs 1 through 101 as if fully stated herein. 103. The Defendant had a duty to conduct appropriate and proper retention practices to prevent the retention of those who may pose a risk of harm, including but not limited to sexual abuse, to minors, including minors who had been entrusted to its care, custody, supervision and control. 17 17 of 25 FILED: NEW YORK COUNTY CLERK 08/03/2021 11:29 AM INDEX NO. 950816/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2021 104. The sexual abuse of children by adults, including BSA staff and/or volunteers, is a foreseeable result of n