3,797 and Counting: Child Victims Act Suits in NY Add Up, with More Expected

By Saba Ali
Poughkeepsie Journal
August 11, 2020

https://www.poughkeepsiejournal.com/story/news/local/2020/08/11/ny-child-victims-act-suits-deadline-extended/5525387002/

Gregory Kane won the lottery four decades ago.

The 10-year-old Queens resident was chosen by the Fresh Air Fund via a lottery system to attend its summer camp in Fishkill.

Part of the "Deer Trail 13" group, he and three other campers were assigned to a cabin. Each cabin had a counselor who would supervise the campers in the evenings.

One evening, Kane says he woke to find the counselor with one hand on his throat and the other on his penis.

Kane is suing the Fresh Air Fund for the sexual abuse he said he endured the summer of 1980. His story, outlined in graphic detail in his lawsuit against the Fresh Air Fund, is not unique.

The civil action lawsuit is one of thousands filed under the Child Victims Act against individuals, schools, churches and youth organizations. Last August, the law allowed survivors of child sexual abuse one year to file claims against those responsible for abuse regardless of how long ago the incident took place.

Nearly a year later, there were 3,797 suits as of late last week filed according to the New York Office of Court Administration, with 109 filed in Westchester, six in Dutchess and four in Rockland. New York County had the highest number of claims with 851.

Some of these suits have multiple plaintiffs, such as a suit that was recently filed against Rockefeller University over sexual abuse perpetrated by Dr. Reginald Archibald. The lawsuit had 80 accusers listed.

Last Monday, Gov. Andrew Cuomo extended the CVA window for another year giving accusers until August 2021 to file a suit.

"We had been getting calls from New York residents for decades and we'd tell them we can't help you," said Michael Pfau, a Seattle-based attorney. "When CVA passed, the numbers were just startling, and we're just one firm."

New York used to have one of the most restrictive statute of limitations, which required victims to file suit no later than age 23. With the exception of the one year window, the new law allows for an individual to come forward by 55, with some limitations. Those who have work with child abuse victims say it takes years for someone to understand they've been abused and speak out about the violence.

Some of these claims date as far back as the 1950s and many don't list the name of the abuser as a defendant, but instead place the responsibility on those organizations responsible for hiring or holding the event.

The plaintiff's claim is that the organizations that recruited the scout leader, priest or camp counselor should've known and could've prevented the abuse. In some cases, the abuser is assumed to have passed away.

However, attorneys also hope that by targeting the organizations, they can collect enough information through discoveryto fill in the gaps in memory of an adult recalling a traumatic incident nearly half a century ago.

"A lot of times kids remember 'Scoutmaster Joe' or 'Father John' but they don't necessarily know the person's last name," said Hillary M. Nappi, of the law firm Hach Rose Schirripa & Cheverie who is representing Kane.

Nappi hopes that in providing enough detail in the claim against the Fresh Air Fund, she will be given enough information during discovery to ascertain his abuser's identity.

The Fresh Air Fund did not respond to a request for an interview.

Boy Scouts tale

Robert Stillman, 77, read about the CVA last year.

He had been sexually abused by a boy scout leader in the 1950s, but he still remembers his abuser's name and even the towel that was spread on the floor.

The White Plains resident never considered taking action against those responsible for the abuse he faced during his merit badge activities when he was 11 years old. But, he decided to call a lawyer last summer.

"As I got older I think my anger intensifies a little more that (John Hindle) was able to get away with this," Stillman said.

During a dry swim practice, the scout leader put down a towel, ask him to undress and practice swim strokes on the floor after which he fondled him. Swimming naked in pools was not uncommon for boys during that time, he said.

"He was practiced enough or smart enough to not let it go too far," Stillman said.

He is suing Westchester-Putnam Council Boy Scouts of America, Washington Irving Council, Greenburgh Junior High School and Greenburgh Central School District.


"We are outraged that there have been times when individuals took advantage of our programs to abuse innocent?children.?We believe victims, we support them, and?we encourage them to?come forward," the Boy Scouts of America provided in a statement.

Greenburgh Central School District did not respond to a request for an interview.

Attorneys who work with sexual abuse cases say it's not uncommon for someone to wait decades before coming forward.

Finding the right fit

"In Robert's case, it's a story we've heard over and over and over again," said Jason Amala as to why they took him on as a client. Stillman's attorney is with the law firm Pfau Cochran Vertetis Amala.

Amala's law firm and Marsh Law have taken on close to 1,000 clients who have filed or are considering filing CVA suits. However, law firms such as theirs have had to turn hundreds of clients way because of the limited time and also if the case wasn't "a fit" for their law firm.

By enacting the CVA and opening up the statute of limitations for a year, that allows people to file their lawsuits, but the lawsuit still has to be viable," Pfau said, adding that cases that are decades years old are sometimes challenging to prove. His firm may not take on clients that have molested others or have a history of violent crimes.

Law firms check the veracity of a case before taking on a client. Once a client is onboard, it maytake over a year for the attorney to file a case or for the client to come to a decision where they are comfortable filing a case. Sometimes, that initial conversation with a lawyer is the first time the individual has even spoken about the abuse.

"They are opening up a can of worms that they may not have dealt with for years, and I'm not going to put somebody through that anxiety if at the end of the day I don't think I can help them," Nappi said.

Stillman wasn't alone when he was sexually abused. Another scout was also with him. The two friends have talked about the abuse to each other, but his friend still chooses not to take action.

County breakdown

The wide disparity of suits filed per county from one in Essex County to over 800 in New York County isn't a reflection of how prevalent abuse is in those areas. While there are only six CVA lawsuits filed in Dutchess County, court documents show that more than a dozen claims are based on abuse that took place in the county but werefiled somewhere else.

The decision as to where to file factors in where the defendant and plaintiff live, where the organization is located and where the incident took place. But, attorney also have conversations with their clients regarding where to file, because a client may not want to have a jury trial take place in the county where they live.

Attorneys will also file lawsuits in courts that are hearing other CVA lawsuits that involve similar defendants. However, to ensure the success of a case they want to file in courts where the jury, or the general population, is familiar with the case or the CVA in general.

"In terms of jury selection, it's going to be very important for both the plaintiff and defendant to explain what the Child Victims Act is because it's a new law that a lot of people don't know about," Nappi said, pointing out that there is not a lot of awareness about the law in some parts of the state.

Saba Ali: Sali1@poughkeepsiejournal.com ; 845-451-4518.