Michael Polenberg, vice president of Safe Horizon, surrounded by New York legislators, advocates and victims of child molestation, speaks in favor of legislation authorizing the Child Victims Act at the state Capitol on Jan. 28, 2019. Photo: Hans Pennink/AP)
A state appeals court has denied a Catholic order of friars’ motion to dismiss a negligence lawsuit brought against it under New York’s groundbreaking Child Victims Act by a 70-year-old man who alleges that in 1963 he was sexually abused by a priest when he was an altar boy in Brooklyn.
But the Appellate Division, First Department court, in the same opinion, has overruled the lower court and tossed out the man’s companion claim of breach of fiduciary duty against the order of friars.
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