Preview
FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JAMES CLEMENTE,
Plaintiff,
COMPLAINT
-against-
CATHOLIC CHARITIES OF THE ARCHDIOCESE Index No. ___________
OF NEW YORK; and THE CATHOLIC CAMP
ASSOCIATION, INC.,
Defendant.
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TO THE SUPREME COURT OF THE STATE OF NEW YORK:
Plaintiff, JAMES CLEMENTE, by and through undersigned counsel, respectfully shows
to this Court and alleges as follows:
Introduction
This is a revival action brought pursuant to the New York Child Victims Act, CPLR § 214-
g. The Plaintiff, when he was a minor, was sexually assaulted in the summer of 1975 by an
employee of Defendants Catholic Charities of the Archdiocese of New York and The Catholic
Camp Association, Inc., Michael J. O’Hara, a camp director at Camp Hayes.
Parties, Jurisdiction and Venue
1. Plaintiff, JAMES CLEMENTE (hereafter, “Plaintiff”), is a citizen and resident of
the State of California.
2. Defendant, Catholic Charities of the Archdiocese of New York (hereinafter referred
hereto as “Catholic Charities”) is a not-for-profit New York corporation organized under the laws
of the State of New York with a principal place of business located at 1011 First Avenue, New
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York, New York 10022. Catholic Charities was founded in 1917 and is a federation of
approximately 90 agencies that provided various services to both Catholics and non-Catholics in
the boroughs of Manhattan, the Bronx, and Staten Island, as well as parts of the Hudson Valley
Catholic Charities is a citizen and resident of the State of New York. Catholic Charities operated
all summer camps within the jurisdiction of the Archdiocese of New York, including Camp Hayes.
3. Defendant, THE CATHOLIC CAMP ASSOCIATION (hereinafter referred to as
“CATHOLIC CAMP”) is a domestic not-for-profit corporation with a principal place of business
upon information and belief, located at 1011 First Ave., New York, New York 10022. CATHOLIC
CAMP is a citizen and resident of the State of New York.
4. At all relevant times Defendants were an agency or instrumentality operated,
supervised, or controlled by, or in connection with, the Archdiocese of New York.
5. This Court has subject matter jurisdiction of this action pursuant to Article VI of
the New York Constitution.
6. Personal jurisdiction lies over Defendants as they are present and domiciled in the
State of New York.
7. Venue of this action lies in New York County as the Defendants reside in New
York County.
Sexual Abuse of Plaintiff
8. In the summer, 1975, Plaintiff attended Camp Hayes located in Godeffroy, New
York, owned and operated by Defendants Catholic Charities and/or Catholic Camp. Michael J.
O’Hara was the Director of Camp Hayes and coached basketball that summer.
9. Plaintiff was hired as a junior life guard by O’Hara and performed other
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maintenance duties in the camp, Plaintiff also played on the camp basketball team which was
coached by O’Hara. Over the course of the summer O’Hara groomed Plaintiff and treated him as
special causing Plaintiff to look up to and become close to O’Hara. O’Hara told Plaintiff that he
was the hardest worker in the camp, and therefore wanted Plaintiff to stay with him in the days
after the other campers left to help O’Hara close the camp. Plaintiff liked the interest in him
shown by O’Hara and the special attention, as O’Hara otherwise ran the camp as a strict
disciplinarian whom the campers respected.
10. Once alone with Plaintiff in the camp, O’Hara took Plaintiff to a bar where O’Hara
drank alcohol and told Plaintiff had to drive them back to camp. Once back at in the camp, O’Hara
initiated an intimate conversation with Plaintiff about sex and masturbation while giving Plaintiff
cans of beer. He then gave Plaintiff a pornographic magazine and told him to go into the bathroom
to masturbate. He then gave Plaintiff additional pornographic magazines to view in his bedroom.
Shortly thereafter, O’Hara entered Plaintiff’s bedroom and sexually assaulted him, including
fondling of his genitalia, oral sex and digital anal penetration. The sexual assaults continued the
next two mornings and evenings, in which O’Hara also attempted to force his penis in Plaintiff’s
mouth by shoving it repeatedly against Plaintiff’s lips.
11. O’Hara also had peepholes in the boy’s showers and bedrooms and he
surreptitiously took nude pictures of Plaintiff while in the shower and while changing in his room
at the camp.
Notice of Sexual Abuse
12. O’Hara was a sexual predator and serial pedophile with as many as 200 victims
over a period of approximately 23 years. Upon information and belief, at all relevant times,
Defendants Catholic Charities and Catholic Camp, among other Archdiocesean organizations,
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knew of O’Hara’s sexual abuse of boys during his career as a teacher, coach and camp director,
yet continued to give him unfettered access to boys.
13. As a young man, O’Hara volunteered as a Boy Scouts’ assistant scoutmaster and
then scoutmaster for Troop 115 in Hewlett, New York, and he worked at the Queens Shelter for
the Advancement of Youths. In or about 1963, O’Hara became a substitute teacher employed by
the Archdiocese of New York in its Catholic schools. In these positions, O’Hara sought access to
boys to sexually molest.
14. In or about 1966, a complaint of child sexual abuse was made against O’Hara by a
Troop 115 boy scout. Troop 115 met at and was associated with St. Thomas the Apostle Catholic
Church in West Hempstead, New York (“St. Thomas”). The complaint of child sexual abuse was
reported to the National Council of the Boy Scouts of America. A letter from a St. Thomas official
to a local Boy Scouts’ official expressed grave concern over the allegation against O’Hara,
requesting that the Boy Scouts take action to “protect our youth,” noting that “[t]his incident
happened once, and will certainly happen again unless this man [O’Hara] is taken out of his
scouting capacity. Who knows how many times this [child sexual abuse] has happened before and
how many youngsters, ….have been badly influenced by [O’Hara].” The Boy Scouts in response
asked O’Hara to resign from his position as scoutmaster. A subsequent letter between Boy Scouts’
officials refers to a meeting with a Long Island CYO official and the St. Thomas pastor in which
Michael J. O’Hara’s activities as a Boy Scouts’ leader and a teacher in the Catholic schools were
discussed and the need to keep him away from children acknowledged. The letter states that
Michael J. O’Hara “happens to be a teacher in the [Archdiocese} Catholic schools and he will be
up before their Board of Education this week and a determination made by the Catholic Church.”
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15. At all relevant times, the Defendants thus knew or should have known that O’Hara
was black listed by the Boy Scouts because of a credible complaint of child sexual abuse. Despite
the Archdiocese’s Board of Education meeting to discuss Michael O’Hara’s future as an educator
in the Archdiocese’s Catholic school system, Michael J. O’Hara’s career as a parochial school
teacher continued unabated, and he received assignments in Catholic schools within the
Archdiocese of New York for years thereafter.
16. In the school year of 1975 – 76, Plaintiff attended John S. Burke Catholic High
School in Goshen, New York. There, Plaintiff disclosed O’Hara’s sexual assaults to Father Frank
Stinner, a guidance counselor at the School, in attempt to protect other boys who might attend the
camp from O’Hara. Instead of reporting to law enforcement or taking other appropriate action
against O’Hara to protect children, Father Stinner gave Plaintiff penance by telling him to say 10
“Our Fathers” and 10 “Hail Marys,” and further told him to never speak of the sexual abuse again.
17. From approximately 1978 to 1984, Michael J. O’Hara was a teacher and basketball
coach at St. Matthew School, where he sexually abused numerous students and members of his
basketball team.
18. After St. Matthew, the Archdiocese assigned Michael J. O’Hara as a teacher and
basketball coach at Immaculate Conception in the Bronx. Upon information and belief, Michael
J. O’Hara sexually abused multiple boys at Immaculate Conception.
19. Plaintiff did not disclose O’Hara’s sexual abuse to anyone after Father Stinner until
he was an adult, in or about 1985, when he disclosed the abuse to his brother. Plaintiff’s brother,
who also worked as a teenager at Camp Hayes and knew O’Hara, advised him that he once found
two large paper bags filled with hundreds of pornographic polaroid photos of O’Hara sexually
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abusing boys maintained by O’Hara locked in his office closet at the camp. Plaintiff then realized
that he was one of many victims of child sexual abuse by O’Hara.
20. Plaintiff encountered O’Hara again at Fordham Law School, where O’Hara was
employed in or about 1986. Plaintiff then gathered the strength to report O’Hara’s sexual abuse
to the FBI & NYPD Sexual Exploitation of Children task force, which then began an investigation
of O’Hara. In the course of the FBI’s investigation, Plaintiff was fitted with a hidden recording
device and met with O’Hara in multiple meetings that were recorded. At these meetings, O’Hara
admitted sexually abusing numerous boys in his assignments with the Archdiocese of New York,
and he shared with Plaintiff his methods for grooming victims, which included introducing them
to pornographic materials and masturbation. O’Hara also revealed that he had voyeuristically
drilled peepholes in the bathroom and showers at Camp Hayes to watch boys, including Plaintiff.
21. Most of the information provided to Plaintiff by O’Hara concerned acts of child
sexual abuse beyond the criminal statute of limitations. Plaintiff was however able to obtain
evidence of O’Hara’s sexual abuse of two boys attending Immaculate Conception within the
criminal statute of limitations. As a result, O’Hara was arrested and convicted in 1987 of the use
of the sexual performance of a child, and sentenced to jail time and probation.
22. At all relevant times, Defendant knew or in the exercise of reasonable care should
have known that O’Hara had a propensity for the conduct which caused injury to Plaintiff, in
particular, that he had a propensity to engage in the sexual abuse of children.
23. At all relevant times, it was reasonably foreseeable to Defendants that O’Hara
would commit acts of child sexual abuse or assault on a child.
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24. At all relevant times, Defendants knew or should have known that O’Hara was
unfit, dangerous, and a threat to the health, safety and welfare of the minors entrusted to his
counsel, care and/or protection.
25. With such actual or constructive knowledge, Defendants provided O’Hara with
unfettered access to Plaintiff and gave the opportunity to commit foreseeable acts of child sexual
abuse or assault.
Nature of Conduct Alleged
26. This action alleges physical, psychological and emotional injuries suffered as a
result of conduct which would constitute a sexual offense on a minor as defined in Article 130 of
the New York Penal Law, including without limitation, conduct constituting rape (consisting of
sexual intercourse) (N.Y. Penal Law §§ 130.25 – 130.35); criminal sexual act (consisting of oral
or anal sexual conduct) (N.Y. Penal Law §§ 130.40 – 130.53), and/or sexual abuse (consisting of
sexual contact) (N.Y. Penal Law §§ 130.55 – 130.77).
27. The limitation of liability set forth in CPLR Art. 16 is not applicable to the claim
of personal injury alleged herein, by reason of one or more of the exemptions provided in CPLR
§ 1602, including without limitation, that Defendant acted with reckless disregard for the safety of
others, including Plaintiff, or knowingly or intentionally, in concert with Michael J. O’Hara, to
retain them in their positions as educators with unfettered access to children.
COUNT I
NEGLIGENCE
(against Catholic Charities)
28. Plaintiff repeats and realleges Paragraphs 1 through 27 above.
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29. At all material times, Defendant and Plaintiff were in a special relationship of
residential camp–child, in which the Defendant undertook custody of Plaintiff and owed Plaintiff
a duty of reasonable care.
30. At all material times, the Defendant and O’Hara were in a special relationship of
employer – employee, in which Defendant owed a duty to control the acts and conduct of O’Hara
to prevent foreseeable harm.
31. Defendant owed a duty to Plaintiff to use reasonable care to protect the safety, care,
well-being and health of the Plaintiff while he was under the care, custody or in the presence of
Defendant. Defendant’s duties encompassed the hiring, retention and/or supervision of O’Hara
and otherwise providing a safe environment for Plaintiff.
32. At all material times, Defendant owed Plaintiff as a minor in its residential camp a
duty to exercise the level of care that a parent of ordinary prudence would observe under the
circumstances.
33. Defendant breached these duties by failing to protect Plaintiff from sexual assaults
and lewd and lascivious acts committed by an agent or employee of Defendant.
34. At all relevant times, Defendant created an environment which fostered child sexual
abuse against children it had a duty to protect, including Plaintiff.
35. At all relevant times, Defendant had inadequate policies and procedures to protect
children it was entrusted to care for and protect, including Plaintiff.
36. As a direct and proximate result of the Defendant’s negligence, Plaintiff has
suffered and continues to suffer severe and permanent psychological, emotional and physical
injuries, shame, humiliation and the inability to lead a normal life.
37. Defendant’s acts and conduct shows a reckless or willful disregard for the safety
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and well-being of Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant Catholic Charities of the
Archdiocese of New York for compensatory damages, punitive damages, costs and such other and
further relief as this Court deems proper.
COUNT II
NEGLIGENCE
(against the Catholic Camp Association, Inc.)
38. Plaintiff repeats and realleges Paragraphs 1 through 27 above.
39. At all material times, Defendant and Plaintiff were in a special relationship of
residential camp–child, in which the Defendant undertook custody of Plaintiff and owed Plaintiff
a duty of reasonable care.
40. At all material times, the Defendant and O’Hara were in a special relationship of
employer – employee, in which Defendant owed a duty to control the acts and conduct of O’Hara
to prevent foreseeable harm.
41. Defendant owed a duty to Plaintiff to use reasonable care to protect the safety, care,
well-being and health of the Plaintiff while he was under the care, custody or in the presence of
Defendant. Defendant’s duties encompassed the hiring, retention and/or supervision of O’Hara
and otherwise providing a safe environment for Plaintiff.
42. At all material times, Defendant owed Plaintiff as a minor in its residential camp a
duty to exercise the level of care that a parent of ordinary prudence would observe under the
circumstances.
43. Defendant breached these duties by failing to protect Plaintiff from sexual assaults
and lewd and lascivious acts committed by an agent or employee of Defendant.
44. At all relevant times, Defendant created an environment which fostered child sexual
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abuse against children it had a duty to protect, including Plaintiff.
45. At all relevant times, Defendant had inadequate policies and procedures to protect
children it was entrusted to care for and protect, including Plaintiff.
46. As a direct and proximate result of the Defendant’s negligence, Plaintiff has
suffered and continues to suffer severe and permanent psychological, emotional and physical
injuries, shame, humiliation and the inability to lead a normal life.
47. Defendant’s acts and conduct shows a reckless or willful disregard for the safety
and well-being of Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant Catholic Charities of the
Archdiocese of New York for compensatory damages, punitive damages, costs and such other and
further relief as this Court deems proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial in this action.
Dated: New York, New York
August 12, 2021
By:
Jeff Herman, Esq.
Stuart Mermelstein, Esq.
Daniel Ellis, Esq.
HERMAN LAW
434 W. 33rd St., Penthouse
New York, NY 10001
Tel: 212-390-0100
jherman@hermanlaw.com
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Preview
FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X JAMES CLEMENTE, Plaintiff, COMPLAINT -against- CATHOLIC CHARITIES OF THE ARCHDIOCESE Index No. ___________ OF NEW YORK; and THE CATHOLIC CAMP ASSOCIATION, INC., Defendant. -------------------------------------------------------------------X TO THE SUPREME COURT OF THE STATE OF NEW YORK: Plaintiff, JAMES CLEMENTE, by and through undersigned counsel, respectfully shows to this Court and alleges as follows: Introduction This is a revival action brought pursuant to the New York Child Victims Act, CPLR § 214- g. The Plaintiff, when he was a minor, was sexually assaulted in the summer of 1975 by an employee of Defendants Catholic Charities of the Archdiocese of New York and The Catholic Camp Association, Inc., Michael J. O’Hara, a camp director at Camp Hayes. Parties, Jurisdiction and Venue 1. Plaintiff, JAMES CLEMENTE (hereafter, “Plaintiff”), is a citizen and resident of the State of California. 2. Defendant, Catholic Charities of the Archdiocese of New York (hereinafter referred hereto as “Catholic Charities”) is a not-for-profit New York corporation organized under the laws of the State of New York with a principal place of business located at 1011 First Avenue, New 1 1 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 York, New York 10022. Catholic Charities was founded in 1917 and is a federation of approximately 90 agencies that provided various services to both Catholics and non-Catholics in the boroughs of Manhattan, the Bronx, and Staten Island, as well as parts of the Hudson Valley Catholic Charities is a citizen and resident of the State of New York. Catholic Charities operated all summer camps within the jurisdiction of the Archdiocese of New York, including Camp Hayes. 3. Defendant, THE CATHOLIC CAMP ASSOCIATION (hereinafter referred to as “CATHOLIC CAMP”) is a domestic not-for-profit corporation with a principal place of business upon information and belief, located at 1011 First Ave., New York, New York 10022. CATHOLIC CAMP is a citizen and resident of the State of New York. 4. At all relevant times Defendants were an agency or instrumentality operated, supervised, or controlled by, or in connection with, the Archdiocese of New York. 5. This Court has subject matter jurisdiction of this action pursuant to Article VI of the New York Constitution. 6. Personal jurisdiction lies over Defendants as they are present and domiciled in the State of New York. 7. Venue of this action lies in New York County as the Defendants reside in New York County. Sexual Abuse of Plaintiff 8. In the summer, 1975, Plaintiff attended Camp Hayes located in Godeffroy, New York, owned and operated by Defendants Catholic Charities and/or Catholic Camp. Michael J. O’Hara was the Director of Camp Hayes and coached basketball that summer. 9. Plaintiff was hired as a junior life guard by O’Hara and performed other 2 2 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 maintenance duties in the camp, Plaintiff also played on the camp basketball team which was coached by O’Hara. Over the course of the summer O’Hara groomed Plaintiff and treated him as special causing Plaintiff to look up to and become close to O’Hara. O’Hara told Plaintiff that he was the hardest worker in the camp, and therefore wanted Plaintiff to stay with him in the days after the other campers left to help O’Hara close the camp. Plaintiff liked the interest in him shown by O’Hara and the special attention, as O’Hara otherwise ran the camp as a strict disciplinarian whom the campers respected. 10. Once alone with Plaintiff in the camp, O’Hara took Plaintiff to a bar where O’Hara drank alcohol and told Plaintiff had to drive them back to camp. Once back at in the camp, O’Hara initiated an intimate conversation with Plaintiff about sex and masturbation while giving Plaintiff cans of beer. He then gave Plaintiff a pornographic magazine and told him to go into the bathroom to masturbate. He then gave Plaintiff additional pornographic magazines to view in his bedroom. Shortly thereafter, O’Hara entered Plaintiff’s bedroom and sexually assaulted him, including fondling of his genitalia, oral sex and digital anal penetration. The sexual assaults continued the next two mornings and evenings, in which O’Hara also attempted to force his penis in Plaintiff’s mouth by shoving it repeatedly against Plaintiff’s lips. 11. O’Hara also had peepholes in the boy’s showers and bedrooms and he surreptitiously took nude pictures of Plaintiff while in the shower and while changing in his room at the camp. Notice of Sexual Abuse 12. O’Hara was a sexual predator and serial pedophile with as many as 200 victims over a period of approximately 23 years. Upon information and belief, at all relevant times, Defendants Catholic Charities and Catholic Camp, among other Archdiocesean organizations, 3 3 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 knew of O’Hara’s sexual abuse of boys during his career as a teacher, coach and camp director, yet continued to give him unfettered access to boys. 13. As a young man, O’Hara volunteered as a Boy Scouts’ assistant scoutmaster and then scoutmaster for Troop 115 in Hewlett, New York, and he worked at the Queens Shelter for the Advancement of Youths. In or about 1963, O’Hara became a substitute teacher employed by the Archdiocese of New York in its Catholic schools. In these positions, O’Hara sought access to boys to sexually molest. 14. In or about 1966, a complaint of child sexual abuse was made against O’Hara by a Troop 115 boy scout. Troop 115 met at and was associated with St. Thomas the Apostle Catholic Church in West Hempstead, New York (“St. Thomas”). The complaint of child sexual abuse was reported to the National Council of the Boy Scouts of America. A letter from a St. Thomas official to a local Boy Scouts’ official expressed grave concern over the allegation against O’Hara, requesting that the Boy Scouts take action to “protect our youth,” noting that “[t]his incident happened once, and will certainly happen again unless this man [O’Hara] is taken out of his scouting capacity. Who knows how many times this [child sexual abuse] has happened before and how many youngsters, ….have been badly influenced by [O’Hara].” The Boy Scouts in response asked O’Hara to resign from his position as scoutmaster. A subsequent letter between Boy Scouts’ officials refers to a meeting with a Long Island CYO official and the St. Thomas pastor in which Michael J. O’Hara’s activities as a Boy Scouts’ leader and a teacher in the Catholic schools were discussed and the need to keep him away from children acknowledged. The letter states that Michael J. O’Hara “happens to be a teacher in the [Archdiocese} Catholic schools and he will be up before their Board of Education this week and a determination made by the Catholic Church.” 4 4 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 15. At all relevant times, the Defendants thus knew or should have known that O’Hara was black listed by the Boy Scouts because of a credible complaint of child sexual abuse. Despite the Archdiocese’s Board of Education meeting to discuss Michael O’Hara’s future as an educator in the Archdiocese’s Catholic school system, Michael J. O’Hara’s career as a parochial school teacher continued unabated, and he received assignments in Catholic schools within the Archdiocese of New York for years thereafter. 16. In the school year of 1975 – 76, Plaintiff attended John S. Burke Catholic High School in Goshen, New York. There, Plaintiff disclosed O’Hara’s sexual assaults to Father Frank Stinner, a guidance counselor at the School, in attempt to protect other boys who might attend the camp from O’Hara. Instead of reporting to law enforcement or taking other appropriate action against O’Hara to protect children, Father Stinner gave Plaintiff penance by telling him to say 10 “Our Fathers” and 10 “Hail Marys,” and further told him to never speak of the sexual abuse again. 17. From approximately 1978 to 1984, Michael J. O’Hara was a teacher and basketball coach at St. Matthew School, where he sexually abused numerous students and members of his basketball team. 18. After St. Matthew, the Archdiocese assigned Michael J. O’Hara as a teacher and basketball coach at Immaculate Conception in the Bronx. Upon information and belief, Michael J. O’Hara sexually abused multiple boys at Immaculate Conception. 19. Plaintiff did not disclose O’Hara’s sexual abuse to anyone after Father Stinner until he was an adult, in or about 1985, when he disclosed the abuse to his brother. Plaintiff’s brother, who also worked as a teenager at Camp Hayes and knew O’Hara, advised him that he once found two large paper bags filled with hundreds of pornographic polaroid photos of O’Hara sexually 5 5 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 abusing boys maintained by O’Hara locked in his office closet at the camp. Plaintiff then realized that he was one of many victims of child sexual abuse by O’Hara. 20. Plaintiff encountered O’Hara again at Fordham Law School, where O’Hara was employed in or about 1986. Plaintiff then gathered the strength to report O’Hara’s sexual abuse to the FBI & NYPD Sexual Exploitation of Children task force, which then began an investigation of O’Hara. In the course of the FBI’s investigation, Plaintiff was fitted with a hidden recording device and met with O’Hara in multiple meetings that were recorded. At these meetings, O’Hara admitted sexually abusing numerous boys in his assignments with the Archdiocese of New York, and he shared with Plaintiff his methods for grooming victims, which included introducing them to pornographic materials and masturbation. O’Hara also revealed that he had voyeuristically drilled peepholes in the bathroom and showers at Camp Hayes to watch boys, including Plaintiff. 21. Most of the information provided to Plaintiff by O’Hara concerned acts of child sexual abuse beyond the criminal statute of limitations. Plaintiff was however able to obtain evidence of O’Hara’s sexual abuse of two boys attending Immaculate Conception within the criminal statute of limitations. As a result, O’Hara was arrested and convicted in 1987 of the use of the sexual performance of a child, and sentenced to jail time and probation. 22. At all relevant times, Defendant knew or in the exercise of reasonable care should have known that O’Hara had a propensity for the conduct which caused injury to Plaintiff, in particular, that he had a propensity to engage in the sexual abuse of children. 23. At all relevant times, it was reasonably foreseeable to Defendants that O’Hara would commit acts of child sexual abuse or assault on a child. 6 6 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 24. At all relevant times, Defendants knew or should have known that O’Hara was unfit, dangerous, and a threat to the health, safety and welfare of the minors entrusted to his counsel, care and/or protection. 25. With such actual or constructive knowledge, Defendants provided O’Hara with unfettered access to Plaintiff and gave the opportunity to commit foreseeable acts of child sexual abuse or assault. Nature of Conduct Alleged 26. This action alleges physical, psychological and emotional injuries suffered as a result of conduct which would constitute a sexual offense on a minor as defined in Article 130 of the New York Penal Law, including without limitation, conduct constituting rape (consisting of sexual intercourse) (N.Y. Penal Law §§ 130.25 – 130.35); criminal sexual act (consisting of oral or anal sexual conduct) (N.Y. Penal Law §§ 130.40 – 130.53), and/or sexual abuse (consisting of sexual contact) (N.Y. Penal Law §§ 130.55 – 130.77). 27. The limitation of liability set forth in CPLR Art. 16 is not applicable to the claim of personal injury alleged herein, by reason of one or more of the exemptions provided in CPLR § 1602, including without limitation, that Defendant acted with reckless disregard for the safety of others, including Plaintiff, or knowingly or intentionally, in concert with Michael J. O’Hara, to retain them in their positions as educators with unfettered access to children. COUNT I NEGLIGENCE (against Catholic Charities) 28. Plaintiff repeats and realleges Paragraphs 1 through 27 above. 7 7 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 29. At all material times, Defendant and Plaintiff were in a special relationship of residential camp–child, in which the Defendant undertook custody of Plaintiff and owed Plaintiff a duty of reasonable care. 30. At all material times, the Defendant and O’Hara were in a special relationship of employer – employee, in which Defendant owed a duty to control the acts and conduct of O’Hara to prevent foreseeable harm. 31. Defendant owed a duty to Plaintiff to use reasonable care to protect the safety, care, well-being and health of the Plaintiff while he was under the care, custody or in the presence of Defendant. Defendant’s duties encompassed the hiring, retention and/or supervision of O’Hara and otherwise providing a safe environment for Plaintiff. 32. At all material times, Defendant owed Plaintiff as a minor in its residential camp a duty to exercise the level of care that a parent of ordinary prudence would observe under the circumstances. 33. Defendant breached these duties by failing to protect Plaintiff from sexual assaults and lewd and lascivious acts committed by an agent or employee of Defendant. 34. At all relevant times, Defendant created an environment which fostered child sexual abuse against children it had a duty to protect, including Plaintiff. 35. At all relevant times, Defendant had inadequate policies and procedures to protect children it was entrusted to care for and protect, including Plaintiff. 36. As a direct and proximate result of the Defendant’s negligence, Plaintiff has suffered and continues to suffer severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life. 37. Defendant’s acts and conduct shows a reckless or willful disregard for the safety 8 8 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 and well-being of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Catholic Charities of the Archdiocese of New York for compensatory damages, punitive damages, costs and such other and further relief as this Court deems proper. COUNT II NEGLIGENCE (against the Catholic Camp Association, Inc.) 38. Plaintiff repeats and realleges Paragraphs 1 through 27 above. 39. At all material times, Defendant and Plaintiff were in a special relationship of residential camp–child, in which the Defendant undertook custody of Plaintiff and owed Plaintiff a duty of reasonable care. 40. At all material times, the Defendant and O’Hara were in a special relationship of employer – employee, in which Defendant owed a duty to control the acts and conduct of O’Hara to prevent foreseeable harm. 41. Defendant owed a duty to Plaintiff to use reasonable care to protect the safety, care, well-being and health of the Plaintiff while he was under the care, custody or in the presence of Defendant. Defendant’s duties encompassed the hiring, retention and/or supervision of O’Hara and otherwise providing a safe environment for Plaintiff. 42. At all material times, Defendant owed Plaintiff as a minor in its residential camp a duty to exercise the level of care that a parent of ordinary prudence would observe under the circumstances. 43. Defendant breached these duties by failing to protect Plaintiff from sexual assaults and lewd and lascivious acts committed by an agent or employee of Defendant. 44. At all relevant times, Defendant created an environment which fostered child sexual 9 9 of 10 FILED: NEW YORK COUNTY CLERK 08/12/2021 02:37 PM INDEX NO. 951309/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/12/2021 abuse against children it had a duty to protect, including Plaintiff. 45. At all relevant times, Defendant had inadequate policies and procedures to protect children it was entrusted to care for and protect, including Plaintiff. 46. As a direct and proximate result of the Defendant’s negligence, Plaintiff has suffered and continues to suffer severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life. 47. Defendant’s acts and conduct shows a reckless or willful disregard for the safety and well-being of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Catholic Charities of the Archdiocese of New York for compensatory damages, punitive damages, costs and such other and further relief as this Court deems proper. DEMAND FOR JURY TRIAL Plaintiff demands a jury trial in this action. Dated: New York, New York August 12, 2021 By: Jeff Herman, Esq. Stuart Mermelstein, Esq. Daniel Ellis, Esq. HERMAN LAW 434 W. 33rd St., Penthouse New York, NY 10001 Tel: 212-390-0100 jherman@hermanlaw.com 10 10 of 10