INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2020 NEW YORK STATE SUPREME COURT RENSSELAER COUNTY Index No.: ________________ ROBERT REESE, Date Filed: ________ Plaintiff, SUMMONS -againstEAST GREENBUSH CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, EAST GREENBUSH CENTRAL SCHOOL DISTRICT, and, COLUMBIA HIGH SCHOOL, Defendants. Plaintiff designates Rensselaer County as the place of trial. The basis of venue is the location of defendants’ principal offices. Child Victims Act Proceeding 22 NYCRR 202.72 TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff’s attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: August 18, 2020 Respectfully Yours, MARSH LAW FIRM PLLC By James R. Marsh Jennifer Freeman Robert Lewis jamesmarsh@marsh.law jenniferfreeman@marsh.law robertlewis@marsh.law 31 Hudson Yards, 11th Floor New York, NY 10001-2170 Phone: 212-372-3030 1 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 PFAU COCHRAN VERTETIS AMALA PLLC By Vincent T. Nappo Anelga Doumanian vnappo@pcvalaw.com adoumanian@pcvalaw.com 31 Hudson Yards, 11th Floor New York, NY 10001-2170 FARACI LANGE, LLP By ________________________________________ Lesley E. Niebel, Esq. Stephen G. Schwarz, Esq. lniebel@faraci.com sschwarz@faraci.com 28 E. Main Street, Ste. 1100 Rochester, NY 14614 Phone: 585-325-5150 Attorneys for Plaintiff 2 2 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2020 NEW YORK STATE SUPREME COURT RENSSELAER COUNTY Index No.: ________________ ROBERT REESE, COMPLAINT Plaintiff, -againstEAST GREENBUSH CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, EAST GREENBUSH CENTRAL SCHOOL DISTRICT, and COLUMBIA HIGH SCHOOL, Child Victims Act Proceeding 22 NYCRR 202.72 Defendants. Plaintiff Robert Reese, by and through his attorneys, the Marsh Law Firm PLLC, Pfau Cochran Vertetis Amala PLLC, and Faraci Lange, LLP, respectfully alleges for his complaint the following: I. 1. INTRODUCTION Defendants East Greenbush Central school District Board of Education, East Greenbush Central School District, and Columbia High School were responsible for protecting Plaintiff Robert Reese from foreseeable harm when he was a child and was a student of the East Greenbush Central School District who attended Columbia High School, including the danger of being sexually abused by one of their teachers, Henry Kolakoski. 2. Despite the fact that defendants East Greenbush Central school District Board of Education, East Greenbush Central School District, and Columbia High School knew or should have known that Plaintiff Robert Reese was in danger of being sexually abused by one of their teachers, Henry Kolakoski, the defendants failed to take reasonable steps to protect him from that danger. 1 3 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2020 3. As a result of the wrongful conduct of defendants East Greenbush Central school District Board of Education, East Greenbush Central School District, and Columbia High School, Robert Reese was sexually abused by their teacher, Henry Kolakoski. II. PROCEEDING IN ACCORDANCE WITH CPLR 214-G AND 22 NYCRR 202.72 4. This complaint is filed pursuant to the Child Victims Act (CVA) 2019 Sess. Law News of N.Y. Ch. 11 (S. 2440), CPLR 214-G, and 22 NYCRR 202.72. The CVA opened a historic one-year one-time window for victims and survivors of childhood sexual abuse in the State of New York to pursue lapsed claims. Prior to the passage of the CVA, plaintiff’s claims were time-barred the day plaintiff turned 22 years old. The enactment of the CVA allows plaintiff, for the first time in plaintiff’s life, to pursue restorative justice in New York State. III. 5. PARTIES At all relevant times defendant East Greenbush Central school District Board of Education (“East Greenbush School Board”) was a school board and educational governing body under New York law with its principal office in East Greenbush, New York. 6. At all relevant times the East Greenbush School Board conducted business as “East Greenbush Central school District Board of Education,” the “East Greenbush BOE,” and the “East Greenbush School Board.” 7. At all relevant times the East Greenbush School Board employed and/or relied on principals, vice principals, school administrators, teachers, coaches, and other employees, volunteers, and agents to serve various children and families in its schools, including plaintiff Robert Reese and his family when he was a student of the East Greenbush at Columbia High School. 2 4 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 8. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 At all relevant times the East Greenbush School Board was responsible for the safety of children who attended the schools in its jurisdiction, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School 9. At all relevant times the East Greenbush School Board was responsible for ensuring those who worked or volunteered at its schools, and those who worked or volunteered with the children of its schools, did not pose a danger to the children in its schools, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School 10. Henry Kolakoski (“Kolakoski”) was a teacher of the East Greenbush School Board who served children and their families on behalf of the East Greenbush School Board, including plaintiff Robert Reese and his family. 11. During the time Henry Kolakoski was an employee, volunteer, and/or agent of the East Greenbush School Board, including when he served the East Greenbush School Board as a teacher, he used that position to sexually abuse plaintiff Robert Reese. 12. To the extent that the East Greenbush School Board was a different entity, corporation, or organization when Kolakoski sexually abused plaintiff Robert Reese, such entity, corporation, or organization is hereby on notice that it is intended to be a defendant in this lawsuit and is named in this lawsuit as East Greenbush Central school District Board of Education. 13. To the extent the East Greenbush School Board is a successor to a different entity, corporation, or organization that existed when Kolakoski sexually abused plaintiff Robert Reese, such predecessor entity, corporation, or organization is hereby on notice that it is intended to be a defendant in this lawsuit and is named in this lawsuit as East Greenbush Central School District Board of Education. 3 5 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 14. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 All such East Greenbush School Board-related entities, corporations, or organizations are collectively referred to herein as the “East Greenbush School Board.” 15. At all relevant times defendant East Greenbush Central School District (“East Greenbush”) was a school district and educational governing body under New York law with its principal office in East Greenbush, New York. 16. At all relevant times the East Greenbush employed and/or relied on principals, vice principals, school administrators, teachers, coaches, and other employees, volunteers, and agents to serve various children and families in its schools, including plaintiff Robert Reese and his family when he was a student of the East Greenbush at Columbia High School. 17. At all relevant times the East Greenbush was responsible for the safety of children who attended the schools in its jurisdiction, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School. 18. At all relevant times the East Greenbush was responsible for ensuring those who worked or volunteered at its schools, and those who worked or volunteered with the children of its schools, did not pose a danger to the children in its schools, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School. 19. Henry Kolakoski was a teacher of the East Greenbush who served children and their families on behalf of the East Greenbush, including plaintiff Robert Reese and his family. 20. During the time Kolakoski was an employee, volunteer, and/or agent of the East Greenbush, including when he served the East Greenbush as a teacher, he used that position to sexually abuse plaintiff Robert Reese. 21. To the extent that the East Greenbush was a different entity, corporation, or organization when Kolakoski sexually abused plaintiff Robert Reese, such entity, corporation, or 4 6 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 organization is hereby on notice that it is intended to be a defendant in this lawsuit and is named in this lawsuit as the East Greenbush Central School District. 22. To the extent the East Greenbush is a successor to a different entity, corporation, or organization that existed when Kolakoski sexually abused plaintiff Robert Reese, such predecessor entity, corporation, or organization is hereby on notice that it is intended to be a defendant in this lawsuit and is named in this lawsuit as the East Greenbush Central School District. 23. All such East Greenbush-related entities, corporations, or organizations are collectively referred to herein as the “East Greenbush.” 24. At all relevant times defendant Columbia High School (“Columbia”) was a school and educational body organized under New York law with its principal office in East Greenbush, New York. 25. At all relevant times Columbia conducted business as “Columbia High School,” “CHS,” and Columbia. 26. At all relevant times Columbia was a school located in East Greenbush, New York. 27. Henry Kolakoski was a teacher of Columbia who served students and their families on behalf of Columbia, including plaintiff Robert Reese and his family. 28. During the time Henry Kolakoski was an employee, volunteer, and/or agent of Columbia, including when he served Columbia as a teacher, he used that position to sexually abuse plaintiff Robert Reese. 29. To the extent that Columbia was a different entity, corporation, or organization when Kolakoski sexually abused plaintiff Robert Reese, such entity, corporation, or organization is hereby on notice that it is intended to be a defendant in this lawsuit and is named in this lawsuit as Columbia High School. 5 7 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 30. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 To the extent Columbia is a successor to a different entity, corporation, or organization that existed when Kolakoski sexually abused plaintiff Robert Reese, such predecessor entity, corporation, or organization is hereby on notice that it is intended to be a defendant in this lawsuit and is named in this lawsuit as Columbia High School. 31. All such Columbia-related entities, corporations, or organizations are collectively referred to herein as “Columbia.” 32. Plaintiff Robert Reese is an adult male who currently resides in Cohoes, New York. 33. While he was a minor, plaintiff Robert Reese was a victim of one or more criminal sex acts in the State of New York, including sexual acts that would constitute a sexual offense as defined by the Child Victims Act. IV. 34. VENUE Venue is proper because the East Greenbush School Board is a New York school board authorized to transact business in New York with its principal office located in Rensselaer County. 35. Venue is proper because the East Greenbush is a New York school district authorized to transact business in New York with its principal office located in Rensselaer County. 36. Venue is proper because Columbia is a New York school authorized to transact business in New York with its principal office located in East Greenbush, New York. 37. Venue is proper because Rensselaer is the county in which a substantial part of the events or omissions giving rise to plaintiff’s claims occurred. 38. The amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 6 8 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2020 V. 39. INDEX NO. EF2020-266807 STATEMENT OF FACTS At all relevant times the East Greenbush School Board employed and/or relied on principals, vice principals, school administrators, teachers, coaches, and other employees, volunteers, and agents to serve various children and families in its schools, including plaintiff Robert Reese and his family when he was a student of the East Greenbush at Columbia High School. 40. At all relevant times the East Greenbush School Board was responsible for the safety of children who attended the schools in its jurisdiction, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School. 41. At all relevant times the East Greenbush School Board was responsible for ensuring those who worked or volunteered at its schools, and those who worked or volunteered with the children of its schools, did not pose a danger to the children in its schools, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School. 42. At all relevant times the East Greenbush School Board was responsible for the policies, practices, and procedures of the East Greenbush and Columbia, including all policies, practices, and procedures that were intended to ensure that the children of its schools were not sexually abused. 43. At all relevant times the East Greenbush School Board held itself out to the public as the entity and/or agent responsible for the East Greenbush and Columbia, including their operations. 44. At all relevant times the East Greenbush School Board, through its agents, managed, maintained, operated, and controlled the East Greenbush and Columbia, and held out to the public its agents as those who managed, maintained, operated, and controlled the East Greenbush and Columbia. 7 9 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 45. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 At all relevant times the East Greenbush School Board was responsible for and did the staffing and hiring at the East Greenbush and Columbia. 46. At all relevant times the East Greenbush School Board was responsible for and did the recruitment and staffing of the employees, volunteers, and agents at the East Greenbush and Columbia. 47. At all relevant times the East Greenbush School Board materially benefited from the operation of the East Greenbush and Columbia, including the services of Kolakoski and the services of those who managed and supervised Kolakoski. 48. At all relevant times Kolakoski was an agent of the East Greenbush School Board in the East Greenbush and at Columbia. 49. At all relevant times Kolakoski acted as an agent of the East Greenbush School 50. At all relevant times Kolakoski was acting in the course and scope of his agency Board. with the East Greenbush School Board. 51. At all relevant times Kolakoski was an agent of the East Greenbush School Board that it assigned to the East Greenbush and/or Columbia and/or that it allowed to serve at the East Greenbush and/or Columbia. 52. At all relevant times the East Greenbush employed and/or relied on principals, vice principals, school administrators, teachers, coaches, and other employees, volunteers, and agents to serve various children and families in its schools, including plaintiff Robert Reese and his family when he was a student of the East Greenbush at Columbia High School. 8 10 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 53. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 At all relevant times the East Greenbush was responsible for the safety of children who attended the schools in its jurisdiction, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School. 54. At all relevant times the East Greenbush was responsible for ensuring those who worked or volunteered at its schools, and those who worked or volunteered with the children of its schools, did not pose a danger to the children in its schools, including plaintiff Robert Reese when he was a student of the East Greenbush at Columbia High School. 55. At all relevant times the East Greenbush was responsible for the policies, practices, and procedures of Columbia, including all policies, practices, and procedures that were intended to ensure that the children of its schools were not sexually abused. 56. At all relevant times the East Greenbush held itself out to the public as the owner and/or operator of Columbia. 57. At all relevant times the East Greenbush, through its agents, managed, maintained, operated, and controlled Columbia, and held out to the public its agents as those who managed, maintained, operated, and controlled Columbia. 58. At all relevant times the East Greenbush was responsible for and did the staffing and hiring at Columbia. 59. At all relevant times the East Greenbush was responsible for and did the recruitment and staffing of the employees, volunteers, and agents at Columbia. 60. At all relevant times the East Greenbush materially benefited from the operation of Columbia, including the services of Kolakoski and the services of those who managed and supervised Kolakoski. 61. At all relevant times Kolakoski was an agent of the East Greenbush at Columbia. 9 11 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 62. At all relevant times Kolakoski acted as an agent of the East Greenbush. 63. At all relevant times Kolakoski was acting in the course and scope of his agency with the East Greenbush. 64. At all relevant times Kolakoski was an agent of the East Greenbush that it assigned to Columbia and/or that it allowed to serve at Columbia. 65. At all relevant times Columbia employed and/or relied on principals, vice principals, school administrators, teachers, coaches, and other employees, volunteers, and agents to serve children and their families, including plaintiff Robert Reese and his family when he was a student of Columbia High School. 66. At all relevant times Columbia was responsible for the safety of children who attended its school, including plaintiff Robert Reese when he was a student of Columbia High School. 67. At all relevant times Columbia was responsible for ensuring those who worked or volunteered at its school, and those who worked or volunteered with the children of its school, did not pose a danger to the children in its school, including plaintiff Robert Reese when he was a student of Columbia High School. 68. At all relevant times Columbia was responsible for its policies, practices, and procedures, including all policies, practices, and procedures that were intended to ensure that the children of its school were not sexually abused. 69. At all relevant times Columbia held itself out to the public as the owner and/or operator of Columbia High School. 10 12 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 70. RECEIVED NYSCEF: 08/18/2020 At all relevant times Columbia, through its agents, managed, maintained, operated, and controlled Columbia High School, and held out to the public its agents as those who managed, maintained, operated, and controlled Columbia High School. 71. At all relevant times Columbia was responsible for and did the staffing and hiring at Columbia High School. 72. At all relevant times Columbia was responsible for and did the recruitment and staffing of the employees, volunteers, and agents at Columbia High School. 73. At all relevant times Columbia materially benefited from the operation of Columbia High School, including the services of Kolakoski and the services of those who managed and supervised Kolakoski. 74. At all relevant times Kolakoski was an agent of Columbia at Columbia High School. 75. At all relevant times Kolakoski acted as an agent of Columbia. 76. At all relevant times Kolakoski was acting in the course and scope of his agency with Columbia. 77. At all relevant times Kolakoski was an agent of Columbia that it assigned to Columbia High School and/or that it allowed to serve at Columbia High School. 78. The East Greenbush School Board, East Greenbush, and Columbia, through their agents, servants, and employees, held Kolakoski out to the public, to Robert Reese, and to his parents and/or guardians, as their agent and/or employee. 79. The East Greenbush School Board, East Greenbush, and Columbia, through their agents, servants, and employees, held Kolakoski out to the public, to Robert Reese, and to his parents and/or guardians, as having been vetted, screened, and approved by those defendants. 11 13 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 80. RECEIVED NYSCEF: 08/18/2020 When plaintiff Robert Reese was a minor, he was a student at Columbia High School. 81. Robert Reese and his parents and/or guardians reasonably relied upon the acts and representations of the East Greenbush School Board, East Greenbush, and Columbia, through their agents, servants, and employees, and reasonably believed that Kolakoski was an agent and/or employee of those defendants who had been vetted, screened, and approved by those defendants. 82. Robert Reese and his parents and/or guardians trusted Kolakoski because East Greenbush School Board, East Greenbush, and Columbia held him out as someone who was safe and could be trusted with the supervision, care, custody, and control of Robert. 83. Robert Reese and his parents and/or guardians believed that East Greenbush School Board, East Greenbush, and Columbia would exercise such care as would a parent of ordinary prudence in comparable circumstances when those defendants assumed supervision, care, custody, and control of Robert. 84. When Robert Reese was a minor, Kolakoski used his position with the defendants to sexually abuse him. 85. Robert was sexually abused by Kolakoski when he was approximately 15 to 16 years old. 86. The sexual abuse occurred numerous times and included, but was not limited to, Henry Kolakoski’s forced exposure of his genitals to Robert, Henry Kolakoski’s forced masturbation of Robert, Henry Kolakoski forced oral sodomy of Robert, and Henry Kolakoski’s forcible touching of Robert’s genitals and rectum. 87. Based on the representations of East Greenbush School Board, East Greenbush, and Columbia that Kolakoski was safe and trustworthy, Robert and his parents and/or guardians 12 14 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 allowed Robert to be under the supervision of, and in the care, custody, and control of, East Greenbush School Board, East Greenbush, and Columbia, including during the times when Robert was sexually abused by Kolakoski. 88. Based on the representations of the East Greenbush School Board, East Greenbush, and Columbia that Kolakoski was safe and trustworthy, Robert and his parents and/or guardians allowed Robert to be under the supervision of, and in the care, custody, and control of, Kolakoski, including during the times when Robert was sexually abused by Kolakoski. 89. Neither Robert nor his parents and/or guardians would have allowed him to be under the supervision of, or in the care, custody, or control of, East Greenbush School Board, East Greenbush, and Columbia, or Kolakoski if East Greenbush School Board, East Greenbush, and Columbia had disclosed to Robert or his parents and/or guardians that Kolakoski was not safe and was not trustworthy, and that he in fact posed a danger to Robert in that Kolakoski was likely to sexually abuse Robert. 90. No parent of ordinary prudence in comparable circumstances would have allowed Robert to be under the supervision of, or in the care, custody, or control of, East Greenbush School Board, East Greenbush, and Columbia, or Kolakoski if East Greenbush School Board, East Greenbush, and Columbia had disclosed to Robert or his parents and/or guardians that Kolakoski was not safe and was not trustworthy, and that he in fact posed a danger to Robert in that Kolakoski was likely to sexually abuse him. 91. From approximately 1979 through approximately 1980, Kolakoski exploited the trust and authority vested in him by the defendants by grooming Robert to gain his trust and to obtain control over him as part of Kolakoski’s plan to sexually molest and abuse Robert and other children. 13 15 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 92. RECEIVED NYSCEF: 08/18/2020 Kolakoski used his position of trust and authority as an employee and/or agent of East Greenbush School Board, East Greenbush, and Columbia to groom Robert and to sexually abuse him multiple times, including when Robert was under the supervision of, and in the care, custody, or control of, the East Greenbush School Board, East Greenbush, Columbia, and Kolakoski. 93. The sexual abuse of Robert by Kolakoski occurred in the classroom and hallways of Columbia and at other locations, including at Henry Kolakoski’s home residence. Robert frequented Henry Kolakoski’s home for extracurricular trainings based on his trust in Henry Kolakoski’s position as a teacher of the East Greenbush Central School District. 94. Kolakoski’s sexual abuse of Robert occurred during activities that were sponsored by, or were a direct result of activities sponsored by, East Greenbush School Board, East Greenbush, and Columbia, including activities of East Greenbush Central School District, including academic classes Plaintiff attended as a matriculated student of the East Greenbush Central School District and extracurricular activities sponsored by East Greenbush Central School district. During such activities the defendants had care, custody, or control of Robert. 95. Prior to the times mentioned herein, Kolakoski was a known sexual abuser of children. 96. At all relevant times each defendant, through their agents, servants, and employees, knew or should have known that Kolakoski was a known sexual abuser of children. 97. At all relevant times it was reasonably foreseeable to each defendant, through their agents, servants, and employees, that Kolakoski’s sexual abuse of children would likely result in injury to others, including the sexual abuse of Robert and other children by Kolakoski. 14 16 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 98. RECEIVED NYSCEF: 08/18/2020 At certain times between 1979 and 1980, each defendant, through their agents, servants, and employees, knew or should have known that Kolakoski was sexually abusing Robert and other children at Columbia. 99. Each defendant, through their agents, servants, and employees, knew or should have known that Kolakoski was likely to sexually abuse children, including Robert. 100. The defendants, through their agents, servants, and employees, knew or should have known before and during Kolakoski’s sexual abuse of Robert that principals, vice principals, school administrators, teachers, coaches, and others who worked for or otherwise served the East Greenbush School Board, the East Greenbush, and/or Columbia had used their positions with those defendants to groom and to sexually abuse children. 101. The defendants, through their agents, servants, and employees, concealed the sexual abuse of children by Kolakoski in order to conceal their own bad acts in failing to protect children from him, to protect their reputation, and to prevent victims of such sexual abuse by him from coming forward during the extremely limited statute of limitations prior to the enactment of the CVA, despite knowing that Kolakoski would continue to molest children. 102. The defendants, through their agents, servants, and employees, consciously and recklessly disregarded their knowledge that Kolakoski would use his position with the defendants to sexually abuse children, including Robert. 103. The defendants, through their agents, servants, and employees, disregarded their knowledge that Kolakoski would use his position with them to sexually abuse children, including Robert. 15 17 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 104. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 The defendants, through their agents, servants, and employees, acted in concert with each other or with Kolakoski to conceal the danger that Kolakoski posed to children, including Robert, so that Kolakoski could continue serving them despite their knowledge of that danger. 105. The defendants, through their agents, servants, and employees, knew that their negligent, reckless, and outrageous conduct would inflict severe emotional and psychological distress, as well as personal physical injury, on others, including Robert, and he did in fact suffer severe emotional and psychological distress and personal physical injury as a result of their wrongful conduct. 106. The defendants, through their agents, servants, and employees, concealed the sexual abuse of children by their employees, volunteers, agents, and others in order to conceal their own bad acts in failing to protect children from being abused, to protect their reputation, and to prevent victims of such sexual abuse from coming forward during the extremely limited statute of limitations prior to the enactment of the CVA, despite knowing that those employees, volunteers, agents, and other persons would continue to molest children. 107. By reason of the wrongful acts of each of the defendants as detailed herein, Robert sustained physical and psychological injuries, including but not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, depression, anxiety, family turmoil and loss of faith, a severe shock to his nervous system, physical pain and mental anguish, and emotional and psychological damage, and, upon information and belief, some or all of these injuries are of a permanent and lasting nature, and Robert has and/or will become obligated to expend sums of money for treatment. 16 18 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2020 VI. A. CAUSES OF ACTION FIRST CAUSE OF ACTION – NEGLIGENCE 108. Plaintiff Robert Reese repeats and re-alleges all of his allegations above and below. 109. Each defendant had a duty to warn, train, or educate their employees, volunteers, agents, and students, including Plaintiff, about the danger of sexual abuse by employees, volunteers, and other agents involved in their education program and how to avoid or minimize such danger. 110. Each defendant had a duty to take reasonable steps to protect plaintiff Robert Reese, a child, from foreseeable harm when he was under their supervision and in their care, custody, and control, including when Kolakoski sexually abused him. 111. Each defendant also had a duty to take reasonable steps to prevent Kolakoski from using the tasks, premises, and instrumentalities of his position with them to target, groom, and sexually abuse children, including Robert. 112. These circumstances created a special relationship between each defendant and Robert that imposed on each of them a duty to exercise the degree of care of a parent of ordinary prudence in comparable circumstances. 113. Each defendant breached the foregoing duties by failing to exercise reasonable care to prevent Kolakoski from using his position with the defendants to sexually abuse Robert, including when he was in their care, custody, or control. 114. In breaching their duties, including hiring, retaining, and failing to supervise Kolakoski, giving him access to children, entrusting their tasks, premises, and instrumentalities to him, failing to train their personnel in the signs of sexual predation and to protect children from sexual abuse and other harm, failing to warn Robert, his parents and/or guardians, and others of the danger of sexual abuse, and failing to create a safe and secure environment for Robert and 17 19 of 23 INDEX NO. EF2020-266807 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/18/2020 other children who were under their supervision and in their care, custody, and control, each defendant created a risk that Robert would be sexually abused by Kolakoski. Each defendant through its actions and inactions created an environment that placed Robert in danger of unreasonable risks of harm under the circumstances. 115. In breaching their duties, including hiring, retaining, and failing to supervise Kolakoski, giving him access to children, entrusting their tasks, premises, and instrumentalities to him, failing to train their personnel in the signs of sexual predation and to protect children from sexual abuse and other harm, failing to warn Robert, his parents and/or guardians, and others of the danger of sexual abuse, and failing to create a safe and secure environment for Robert and other children who were under their supervision and in their care, custody, and control, each defendant acted willfully and with conscious disregard for the need to protect Robert from foreseeable harm. Each defendant through their actions and inactions created an environment that placed Robert in danger of unreasonable risks of harm under the circumstances. 116. Each defendant also had a mandatory duty to report suspected child abuse to the authorities and law enforcement, including suspected child sexual abuse. 117. Each defendant breached this mandatory duty to report suspected child sexual abuse when it failed to report that Kolakoski may have sexually abused a child. 118. It was reasonably foreseeable that each defendant’s breach of these duties of care would result in the sexual abuse of Robert. 119. As a direct and proximate result of the acts and omissions of each defendant, Kolakoski groomed and sexually abused Robert, which has caused Robert to suffer general and special damages as more fully described herein. 18 20 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 B. INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 SECOND CAUSE OF ACTION – OUTRAGE AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 120. Plaintiff Robert Reese repeats and re-alleges all of his allegations above and below. 121. Each defendant engaged in reckless, extreme, and outrageous conduct by providing Kolakoski with access to children, including plaintiff Robert Reese, despite knowing that he would likely use his position to groom and to sexually abuse them, including Robert. Their misconduct was so shocking and outrageous that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates an utter disregard by them of the consequences that would follow. 122. As a result of this reckless, extreme, and outrageous conduct, Kolakoski gained access to Robert and sexually abused him. 123. Each defendant knew that this reckless, extreme, and outrageous conduct would inflict severe emotional and psychological distress, including personal physical injury, on others, and Robert did in fact suffer severe emotional and psychological distress and personal physical injury as a result, including severe mental anguish, humiliation and emotional and physical distress. VII. 124. CPLR 1603 – NO APPORTIONMENT OF LIABILITY Pursuant to CPLR 1603, the foregoing causes of action are exempt from the operation of CPLR 1601 by reason of one or more of the exemptions provided in CPLR 1602, including but not limited to, CPLR 1602(2), CPLR 1602(5), 1602(7) and 1602(11), thus precluding defendants from limiting their liability by apportioning some portion of liability to any joint tortfeasor. 19 21 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 VIII. PRAYER FOR RELIEF 125. Plaintiff Robert Reese demands judgment against the defendants named in his causes of action, together with compensatory and punitive damages to be determined at trial, and the interest, cost and disbursements pursuant to his causes of action, and such other and further relief as the Court deems just and proper. 126. Plaintiff specifically reserves the right to pursue additional causes of action, other than those outlined above, that are supported by the facts pleaded or that may be supported by other facts learned in discovery. Dated: August 18, 2020 MARSH LAW FIRM PLLC By James R. Marsh Jennifer Freeman Robert Lewis jamesmarsh@marsh.law jenniferfreeman@marsh.law robertlewis@marsh.law 31 Hudson Yards, 11th Floor New York, NY 10001-2170 Phone: 212-372-3030 PFAU COCHRAN VERTETIS AMALA PLLC By Vincent T. Nappo vnappo@pcvalaw.com Anelga Doumanian adoumanian@pcvalaw.com 31 Hudson Yards, 11th Floor New York, NY 10001-2170 20 22 of 23 FILED: RENSSELAER COUNTY CLERK 08/18/2020 04:38 PM NYSCEF DOC. NO. 1 INDEX NO. EF2020-266807 RECEIVED NYSCEF: 08/18/2020 FARACI LANGE, LLP By ________________________________________ Lesley E. Niebel, Esq. Stephen G. Schwarz, Esq. lniebel@faraci.com sschwarz@faraci.com 28 E. Main Street, Ste. 1100 Rochester, NY 14614 Phone: 585-325-5150 Attorneys for Plaintiff 21 23 of 23