ROCHESTER, N.Y. (Legal Newsline) - A New York appeals court revived lawsuits against Syracuse University and a Massachusetts boys camp dating back more than 40 years, citing a 2019 law that gave plaintiffs two-and-a-half years to file sexual-abuse claims that otherwise would have been extinguished under the statute of limitations.
John Shapiro, David Sweet and a plaintiff identified as A.A. sued Syracuse and Camp Greylock, alleging sex abuse in the late 1970s and early 1980s. They were able to sue under the Child Victims Act, which allowed plaintiffs to revive negligence claims against employers and institutions over sex abuse that occurred before they were 18.
Shapiro claimed he was abused by a graduate student at Syracuse when he was 17. While he was over the age of consent, the appeals court, ruled, he presented enough evidence to support a claim he was forcibly abused and Syracuse might be liable for negligently hiring a known sex abuser.
"Contrary to SU's contention, the amended complaint sufficiently alleges that SU knew or should have known about the employee's propensity to sexually abuse young boys," the ruling says.
A trial court dismissed claims against Camp Greylock, citing the statute of limitations.
But the Fourth Appellate Division revived the case in an Aug. 4 decision. While Greylock is in Massachusetts, the court said, the New York revival statute applies to any claims made by plaintiffs who were New York residents when the alleged abuse occurred. The appeals court also rejected Greylock’s argument the plaintiffs had failed to prove successor liability.