P. A., respondent, v. POLY PREP COUNTRY DAY SCHOOL (2025)

DECISION & ORDER

In an action to recover damages for negligence, the defendant appeals from an order of the Supreme Court, Kings County (Alexander M. Tisch, J.), dated November 22, 2022.  The order denied the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant, Poly Prep Country Day School (hereinafter Poly Prep), pursuant to the Child Victims Act (hereinafter the CVA), which created a revival window for previously time-barred childhood sexual abuse claims (see CPLR 214–g).  Poly Prep moved pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.  In an order dated November 22, 2022, the Supreme Court denied the motion.  Poly Prep appeals.

“On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) as barred by the applicable statute of limitations, the defendant bears the initial burden of demonstrating, prima facie, that the time within which to commence the cause of action has expired” (Rubin v. Poly Prep Country Day Sch., 227 A.D.3d 741, 742, 211 N.Y.S.3d 177 [internal quotation marks omitted];  see Schearer v. Fitzgerald, 217 A.D.3d 980, 981, 192 N.Y.S.3d 207).  Here, Poly Prep, which argued that the CVA violates the Due Process Clause of the New York Constitution, failed to meet its burden.  “CPLR 214–g, enacted as part of the CVA, provides a revival window for ‘civil claims or causes of action alleging intentional or negligent acts or omissions that seek to recover for injuries suffered as a result of conduct which would constitute sex crimes, which conduct was committed against a child less than 18 years of age, for which the statute of limitations had already run’ ” (Feaster v. Poly Prep Country Day Sch., 227 A.D.3d 668, 669, 211 N.Y.S.3d 150, quoting S.H. v. Diocese of Brooklyn, 205 A.D.3d 180, 184, 167 N.Y.S.3d 171;  see Spira v. National Council of Young Israel, 231 A.D.3d 987, 988, 220 N.Y.S.3d 396;  Forbes v. Poly Prep Country Day Sch., 220 A.D.3d 750, 751, 198 N.Y.S.3d 147).  “[A] claim-revival statute will satisfy the Due Process Clause of the State Constitution if it was enacted as a reasonable response in order to remedy an injustice” (Matter of World Trade Ctr. Lower Manhattan Disaster Site Litig., 30 N.Y.3d 377, 400, 67 N.Y.S.3d 547, 89 N.E.3d 1227).  Contrary to Poly Prep's contention, the revival of civil claims and causes of action pursuant to the CVA was a reasonable response to remedy the injustice to child sexual assault survivors caused by application of the relevant statute of limitations (see Spira v. National Council of Young Israel, 231 A.D.3d at 988, 220 N.Y.S.3d 396;  Feaster v. Poly Prep Country Day Sch., 227 A.D.3d at 669–670, 211 N.Y.S.3d 150;  Forbes v. Poly Prep Country Day Sch., 220 A.D.3d at 752, 198 N.Y.S.3d 147;  Schearer v. Fitzgerald, 217 A.D.3d at 982–983, 192 N.Y.S.3d 207).

Poly Prep's remaining contention is without merit.

Accordingly, the Supreme Court properly denied Poly Prep's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.

CHAMBERS, J.P., CHRISTOPHER, FORD and GOLIA, JJ., concur.