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PB-36 DOE v. NIAGARA FALLS

1015 CA 21-01223.

213 A.D.3d 82 (2023)

182 N.Y.S.3d 850

2023 NY Slip Op 00598

PB-36 DOE, Respondent, v. NIAGARA FALLS CITY SCHOOL DISTRICT et al., Appellants, and ROBERT LEWIS, Defendant. NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL, Intervenor-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 3, 2023.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Jonathan P. Shaub of counsel), for appellants.

Phillips & Paolicelli, LLP, New York City (Yitzchak M. Fogel, of counsel), for respondent.

Letitia James, Attorney General, Albany (Alexandria Twinem, of counsel), for intervenor-respondent.

Shook Hardy & Bacon L.L.P., New York City (Scott A. Chesin, of counsel), for American Tort Reform Association and another, amici curiae.

WHALEN, P.J., SMITH, LINDLEY and MONTOUR, JJ., concur.

OPINION OF THE COURT

The question presented on this appeal is whether the Child Victims Act's "reviv[al]" for statute of limitations purposes of certain civil claims by survivors of child sexual abuse (CPLR 214-g) violates the Due Process Clause of the New York State Constitution. We conclude that it does not.

Plaintiff...

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