PB 20 DOE PLAINTIFF APPELLANT v. ST NICODEMUS LUTHERAN CHURCH DEFENDANT RESPONDENT UPSTATE NEW YORK SYNOD OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA DEFENDANT RESPONDENT APPELLANT AND EVANGELICAL LUTHERAN CHURCH IN AMERICA DEFENDANT ACTION NO (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

PB-20 DOE, PLAINTIFF-APPELLANT, v. ST. NICODEMUS LUTHERAN CHURCH, DEFENDANT-RESPONDENT, UPSTATE NEW YORK SYNOD OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, DEFENDANT-RESPONDENT-APPELLANT, AND EVANGELICAL LUTHERAN CHURCH IN AMERICA, DEFENDANT. (ACTION NO. 1.)
PB-21 DOE, PLAINTIFF-APPELLANT, v. ST. NICODEMUS LUTHERAN CHURCH, DEFENDANT-RESPONDENT, UPSTATE NEW YORK SYNOD OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, DEFENDANT-RESPONDENT-APPELLANT, AND EVANGELICAL LUTHERAN CHURCH IN AMERICA, DEFENDANT. (ACTION NO. 2.) (APPEAL NO. 2.)

121 Decided: June 14, 2024

PRESENT: SMITH, J.P., MONTOUR, OGDEN, AND KEANE, JJ.

PHILLIPS & PAOLICELLI, LLP, NEW YORK CITY (VICTORIA E. PHILLIPS OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (RICHARD J. ZIELINSKI OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. BOND, SCHOENECK & KING PLLC, BUFFALO (KEVIN G. COPE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying those parts of the motion of defendant Upstate New York Synod of the Evangelical Lutheran Church in America seeking summary judgment dismissing plaintiffs’ first causes of action insofar as they assert claims for negligent retention, supervision, or direction and those parts seeking summary judgment dismissing plaintiffs’ second causes of action insofar as they assert claims for fraudulent or negligent misrepresentation and reinstating those claims against it and as modified the order is affirmed without costs.

Same memorandum as in PB-20 Doe v St. Nicodemus Lutheran Church ([appeal No. 1] — AD3d — [June 14, 2024] [4th Dept 2024]).

Entered: June 14, 2024

Ann Dillon Flynn

Clerk of the Court

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