Second Department partially reverses in Child Victims Act case: foster care agency’s negligence and Social Services Law § 413 reporting claims survive summary judgment, but punitive damages are dismissed and school district escapes liability for acts of an agency-employed abuser.
The First Department holds that sexual abuse claimants cannot intervene in their abuser’s insurance coverage declaratory judgment action until they obtain a judgment against the insured, as Insurance Law § 3420(b)(1)’s specific judgment requirement overrides CPLR 1012(a)(2)’s broader intervention right.
Second Department affirms denial of summary judgment for Archdiocese of New York and Church of St. Bernard in a CVA case alleging 1960s abuse: defendants failed to eliminate triable issues of fact as to constructive notice of the abuser’s propensity.