NEW YORK
Law.com
By Andrew Keshner
New York Law Journal
August 30, 2012
The statute of limitations will not halt a lawsuit, at least for the time being, against the elite Poly Prep Country Day School in Brooklyn brought by former students who charge they were sexually abused by a prominent football coach at least 25 years ago.
Ten alumni of the Brooklyn school and two former summer camp participants allege Poly Prep officials knew that Philip Foglietta, who coached football at the school from 1966 to 1991, had abused students but had covered up his conduct.
“Central to plaintiffs’ claims in the present case are their allegations that Poly Prep engaged in an affirmative course of conduct during the period of limitations to deceive the plaintiffs into believing that they had no claim against Poly Prep because the school had no knowledge of Foglietta’s wrongdoing,” Eastern District Judge Frederic Block (See Profile) said Aug. 28 in Zimmerman v. Poly Prep Country Day School, 09-cv-4586.
The judge dismissed claims under the Racketeer Influenced and Corrupt Organizations Act against the school, but allowed racketeering claims brought by two plaintiffs against school administrators and officials to go forward. Block said that the two had contributed money to the school, whose football coach had been portrayed as “reputable and esteemed.”
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