07.22.2024

Significant Development in a New York Adult Survivors Act Case 

We are pleased to report a significant development in a New York Adult Survivors Act case. In a recent ruling, highlighting our dedication to ensuring that legal proceedings remain fair and focused on the facts, the Court granted part of our motion to strike several paragraphs from the Plaintiff’s pleadings pursuant to CPLR §3024(b). Acknowledging the nature of an ASA claim can be both prejudicial to a defendant and relevant to the plaintiff’s case, the court found that the paragraphs at issue were scandalous, purely editorial, and thus prejudicial. The court further noted that the purported factual statements in the Complaint exceeded the requirements necessary to make out a cause of action under the ASA. This astute argument was prepared by Associate William Bird

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