PB-20 Doe v St. Nicodemus Lutheran Church, 2024 NY Slip Op 03247 [228 AD3d 1239]

June 14, 2024

Appellate Division, Fourth Department

[*1]

PB-20 Doe, Appellant,

v

St. Nicodemus Lutheran Church, Respondent, and Upstate New York Synod of the Evangelical Lutheran Church in America, Respondent-Appellant, et al., Defendant. (Action No. 1.) PB-21 Doe, Appellant, v St. Nicodemus Lutheran Church, Respondent, and Upstate New York Synod of the Evangelical Lutheran Church in America, Respondent-Appellant, et al., Defendant. (Action No. 2.) (Appeal No. 2.)

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.

Appeal and cross-appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered November 16, 2022. The order granted in part and denied in part the motion of defendant Upstate New York Synod of the Evangelical Lutheran Church in America for summary judgment.

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] 228 AD3d 1233 [4th Dept 2024]). Present—Smith, J.P., Montour, Ogden and Keane, JJ..