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Doe v. State of N.Y.

State Cannot Be Held Liable for Client's Assigned Counsel's Alleged Sexual Misconduct

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The Court considered the following papers in deciding this motion: (1) Notice of Motion, dated September 8, 2021. (2) Affirmation of Cheryl M. Rameau, Esq., Assistant Attorney General, in Support dated September 8, 2021 with attachments. (3) Affirmation of Jordan Rutsky, Esq., in Opposition, dated October 12, 2021, with attachments. (4) Reply Affirmation of Cheryl M. Rameau, Esq., Assistant Attorney General, dated October 18, 2021. Claimant filed this Claim on August 13, 2020 pursuant to the Child Victims Act to recover damages for alleged sexual misconduct perpetrated by Jeffrey Bernstein, an attorney assigned by Bronx County Family Court pursuant to County Law article 18-B to represent Claimant in a custody proceeding (see Affirmation of Cheryl Rameau, Esq., Assistant Attorney General [Rameau Aff] Ex A [Amended Claim] 2). An Amended Claim was filed on October 28, 2020. The Amended Claim alleges Mr. Bernstein sexually abused Claimant on several occasions in 1989 in a conference room at the Bronx County Family Courthouse (see id.). Defendant now moves pursuant to CPLR 3211 (a) (7) to dismiss the Amended Claim on the ground that it fails to state a cause of action upon which relief can be granted. Specifically, Defendant contends that Mr. Bernstein, an attorney assigned to represent Claimant pursuant to County Law article 18-b, is not an employee or agent of the State and, as such, the State cannot be held liable for any wrongdoing committed by him (see Rameau Aff 8; see also Reply Affirmation of Cheryl M. Rameau, Esq., Assistant Attorney General

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