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JOHN DOE v. YESHIVA & MESIVTA

21 Misc.3d 443 (2008)

863 N.Y.S.2d 891

JOHN DOE No. 6, Plaintiff, v. YESHIVA & MESIVTA TORAH TEMIMAH, INC., et al., Defendants.

Supreme Court, Kings County.

September 9, 2008.

Attorney(s) appearing for the Case

Moskowitz & Book, LLP, New York City (Avraham C. Moskowitz and Jonathan S. Konovitch of counsel), for Yeshiva & Mesivta Torah Temimah, Inc., defendant.

Shaub, Ahmuty, Citrin & Spratt, LLP, New Hyde Park (Christopher Simone and Juan Gonzalez of counsel), for Rabbi Lipa Marguiles, defendant.

Law Office of Michael G. Dowd, New York City (Terrence M. Randell of counsel), for plaintiff.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

Plaintiff John Doe No. 6, so designated because "the allegations. . . concern the sensitive matter of sexual abuse upon him when he was a minor" (complaint ¶ 2), seeks damages for that abuse from defendants Yeshiva & Mesivta Torah Temimah, Inc. and Rabbi Lipa Marguiles. The alleged abuser was a nonparty, Rabbi Yehuda, also known as Joel Kolko, a teacher at the Jewish day school operated by defendant Torah...

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