J.S., Plaintiff–Respondent, v. Homes for the Homeless Summer Camps Inc. et al., Defendant–Appellants. (2025)

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

J.S., Plaintiff–Respondent, v. CITY OF NEW YORK et al., Defendants, Homes for the Homeless Summer Camps Inc. et al., Defendant–Appellants.

4335

Decided: May 13, 2025

Renwick, P.J., Kern, Gesmer, Rosado, O'Neill Levy, JJ.

Rutherford Christie LLP, New York (David S. Rutherford of counsel), for appellants. Herman Law, New York (Jason M. Rubin of counsel), for respondent.

Order, Supreme Court, New York County (Alexander M. Tisch, J.), entered June 19, 2024, which denied defendants Homes for the Homeless Summer Camps Inc. and Homes for the Homeless Inc.’s motion to dismiss the amended complaint as against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against those defendants.

Defendants Homes for the Homeless Summer Camps Inc. and Homes for the Homeless Inc. may not be held directly liable for the alleged sexual abuse because they did not exist when it is alleged to have occurred (see Not–for–Profit Corporation Law § 403; Jane Doe Three v. KIPP Academy Charter Sch., 235 A.D.3d 406, 407, 228 N.Y.S.3d 6 [1st Dept. 2025]; Rubenstein v. Mayor, 41 A.D.3d 826, 828, 839 N.Y.S.2d 170 [2d Dept. 2007]). Plaintiff's arguments with respect to successor liability are not properly considered because this theory of liability was not alleged in the complaint and was raised for the first time in opposition to the instant motion.

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