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ESTATE OF RSG v. CATHOLIC INC

Index No. 70632/2019.

80 Misc.3d 244 (2023)

195 N.Y.S.3d 374

2023 NY Slip Op 23188

ESTATE OF R.S.G., by and through C.G. in Her Official Capacity as Administrator of the ESTATE OF R.S.G., Plaintiff, v. CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC., Also Known as MARYKNOLL FATHERS AND BROTHERS and Another, et al., Defendants.

Supreme Court, Westchester County.

May 5, 2023.

Attorney(s) appearing for the Case

O'Neill Gallagher Law, PLLC, Bronxville (Shannon Gallagher of counsel), for The Church of Saint John and Saint Mary, defendant.

Grant & Eisenhofer P.A., New York City (Barbara Hart of counsel), for plaintiff.

Wilson, Bave, Conboy, Cozza & Couzens, P.C., White Plains (William Bave of counsel), for Catholic Foreign Mission Society of America, Inc. and another, defendants.

Leahey & Johnson, P.C., New York City (Christopher Clarke of counsel), for The Roman Catholic Archdiocese of New York, defendant.

OPINION OF THE COURT

Before this court is a question of first impression: Is the claim revival provision contained in New York's Child Victims Act (CVA) and codified in CPLR 214-g applicable to wrongful death claims? Because both the expressed intent of the drafters of CPLR 214-g and that section's plain language...

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