INDEX NO. 812171/2019 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2019 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE LG 21 DOE Plaintiff, COMPLAINT vs. THE DIOCESE OF BUFFALO, N.Y., OUR LADY OF CZESTOCHOWA CHURCH, CATHOLIC APOSTOLATE CENTER, INC., Defendants. Plaintiff, above named, by his attorneys, LIPSITZ GREEN SCIME CAMBRIA LLP, for his Complaint against Defendants, alleges: AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS, ABOVE NAMED, HEREIN, PLAINTIFF, LG 21 DOE, ALLEGES AS FOLLOWS: 1. Plaintiff, LG 21 DOE, is a resident of the City of Coconut Creek located w ithin the County of Broward and State of Florida. 2. This action is commenced pursuant to the provisions of the Child Victim's Act. 3. At the time of the incidents set forth herein, Plaintiff, LG 21 DOE, (hereinafter referred to as "THE CHILD") was an infant having been born in 1958. 4. Upon information and belief, at all times herein mentioned, Defendant, THE DIOCESE OF BUFFALO, N.Y., was and still is a domestic notfor-profit corporation duly organized and existing under and by virtue of the laws of the State of New York and maintains an office for the transaction of business 3673093, 1, 065289,0002 1 of 7 INDEX NO. 812171/2019 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2019 located within the County of Erie and State of New York. 5. Upon information and belief, at all times herein mentioned, Defendant, OUR LADY OF CZESTOCHOWA CHURCH,was and still is a not-for-profit religious organization duly organized and existing under and by virtue of the laws of the State of New York, operating by and through Defendant, THE DIOCESE OF BUFFALO, N.Y., and maintains an office for the transaction of business located at 57 Center Avenue, North Tonawanda, New York. 6. Upon information and belief, at all times herein mentioned, Defendant, CATHOLIC APOSTOLATE CENTER, INC., formerly operating as the Pallottine Order and Society of Catholic Apostolate, Pallotines, was and still is a foreign not-for-profit corporation authorized to do business within the State of New York. 7. Upon information and belief, at all times hereinafter mentioned, the defendant, CATHOLIC APOSTOLATE CENTER, INC., was and still is doing and transacting business within the State of New York. 8. Defendants OUR LADY OF CZESTOCHOWA CHURCH, CATHOLIC APOSTLATE CENTER, INC. and THE DIOCESE OF BUFFALO, N.Y., are hereinafter collectively referred to as "THE ROMAN CATHOLIC CHURCH." 9. Upon information and belief, at all times herein mentioned, Stanley Dominic Idziak, (hereinafter referred to as "THE CHILD M OLESTER") was hired and employed by THE ROMAN CATHOLIC CHURCH as an ordained member of the Pallottine Order. 10. Upon information and belief, THE CHILD MOLESTER, is deceased. 1 1. According to THE ROMAN CATHOLIC CHURCH doctrine, when a 2 3673093, 1, 065289.0002 2 of 7 INDEX NO. 812171/2019 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2019 person physically dies, he or she lives forever through their "Soul" and according to THE ROMAN CATHOLIC CHURCH doctrine, THE CHILD MOLESTER, in all likelihood, therefore now resides in a placed called "Hell" due to the sexual crimes he committed against THE CHILD and other children. Despite exercising due diligence, THE CHILD is unable to locate "Hell" to serve THE CHILD MOLESTER with the Summons and Complaint. The limitations set forth in CPLR §1601 do not apply. 12. Upon information and belief, at all times herein mentioned, THE CHILD MOLESTER was assigned to OUR LADY OF CZESTOCHOWA CHURCH by Defendants THE DIOCESE OF BUFFALO, N.Y. and the CATHOLIC APOSTOLATE CENTER, INC., and was acting as their agent, employee or representative. 1 3. Upon information and belief, at all times herein mentioned, THE CHILD MOLESTER was under the direction, supervision and control of Defendant, THE ROMAN CATHOLIC CHURCH. 14. Beginning on or about the 15' day of January 1963, and continuing through sometime in 1973, THE CHILD MOLESTER sexually assaulted and committed battery upon THE CHILD in various locations in the City of North Tonawanda and said assault and battery constituted sexual offenses as d efined in Article 130 of the Penal Law. 15. The sexual crimes by THE CHILD MOLESTER herein were w illful, malicious and intentional and resulted in injury to THE CHILD. 16. As a direct result of conduct by THE CHILD MOLESTER as d escribed herein, THE CHILD, has suffered, and continues to suffer great 3 3673093, 1, 065289.0002 3 of 7 INDEX NO. 812171/2019 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2019 physical and emotional pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, flashbacks, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life, was prevented and will continue to be prevented from performing daily activities and obtaining full enjoyment of life, and has incurred and will continue to incur expenses for medical psychological treatment, therapy and counseling. 17. This action falls within one or more of the exceptions set forth in CPLR §1602. 18. As a result of the foregoing, THE CHILD, has sustained general and special damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 19. As a result of the foregoing, THE CHILD, claims punitive damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT, THE ROMAN CATHOLIC CHURCH, HEREIN: 20. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs "1" through "19" of this Complaint with the same force and effect as if fully set forth herein. 21. Upon information and belief, Defendant, THE ROMAN CATHOLIC C HURCH, trained, hired, selected and approved THE CHILD MOLESTER as an ordained member of the Pallott ne Order at OUR LADY OF CZESTOCHOWA CHURCH, placing him in a position with authority and power over THE CHILD. 22. Defendant, THE ROMAN CATHOLIC 4 3673093, 1, 065289.0002 4 of 7 CHURCH, knew or INDEX NO. 812171/2019 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2019 reasonably should have known of the propensities of THE CHILD MOLESTER to commit acts of sexual assault, battery, rape and other sexual offenses against THE CHILD and other children. 23. Upon information and belief, prior to the incident set forth herein, Defendant, THE ROMAN CATHOLIC CHURCH, was aware and was otherwise on actual notice that a number of its employees working as ordained members, were sexually abusing and/or sexually assaulting and/or molesting and/or raping children. 24. Upon information and belief, the aforesaid incidents and resultant injury and damages to THE CHILD were caused as a result of the negligence, carelessness and recklessness of Defendant, THE ROMAN CATHOLIC CHURCH, in the training, hiring, selecting and assignment of THE CHILD M OLESTER. 25. The acts and/or omissions of Defendant, THE ROMAN CATHOLIC CHURCH, constitute reckless disregard for the safety of THE CHILD and other children. 26. As a result of the foregoing, THE CHILD has sustained general and special damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT, THE ROMAN CATHOLIC CHURCH, HEREIN: 27. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs "1" through "26" of this Complaint with the same force and effect as if fully set forth herein. 5 3673093, 1, 065289.0002 5 of 7 INDEX NO. 812171/2019 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2019 28. Upon information and belief, the aforesaid incidents and resultant i njury to THE CHILD, were caused as a result of the negligence, carelessness and recklessness of Defendant, THE ROMAN CATHOLIC CHURCH, in the retaining of THE CHILD MOLESTER. 29. The acts and/or omissions of Defendant, THE ROMAN CATHOLIC CHURCH, constitute reckless disregard for the safety of THE CHILD and other children. 30. As a result of the foregoing, THE CHILD has sustained general and special damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT, THE ROMAN CATHOLIC CHURCH, HEREIN: 31. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs "1" through "30" of this Complaint with the same force and effect as if fully set forth herein. 32. Upon information and belief, the aforesaid incidents and resultant i njury to THE CHILD, were caused as a result of the negligence, carelessness a nd recklessness of Defendant, THE ROMAN CATHOLIC CHURCH, in supervising THE CHILD MOLESTER. 33. The acts and/or omissions of Defendant, THE ROMAN CATHOLIC CHURCH, constitute reckless disregard for the safety of THE CHILD a nd other children. 34. As a result of the foregoing, THE CHILD has sustained general and special damages in an amount which exceeds the jurisdictional limits of all lower 6 3673093, 1, 065289,0002 6 of 7 FILED: ERIE COUNTY CLERK 09/19/2019 10:31 AM NYSCEF DOC. NO. 2 INDEX NO. 812171/2019 RECEIVED NYSCEF: 09/19/2019 courts which would otherwise have jurisdiction. W HEREFORE, Plaintiff demands judgment against Defendants, either jointly or severally, in the First, Second, Third and Fourth Causes of Action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, and for such other, further or different relief as the Court may deem just and proper, together with the costs and disbursements of the action. DATED: Buffalo, New York September 18, 2019 LIPSITZ GREEN SCIME CAMBRIA LLP By: RIC ARD P. VV j i SBECK, ., ESQ. CHRISTINA M. CROGLIO, ES Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716)849-1333 [RPW: #65289.0002] 7 3673093, 1, 065289.0002 7 of 7