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Wilczynski v. Gates Cmty. Chapel of Rochester Inc.

NIED Claim Duplicates Negligence Claims in Suit Over Sex Abuse at Boarding School

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DECISION AND ORDER INTRODUCTION Plaintiff Theodore Wilczynski (“Plaintiff”) commenced this negligence action on August 19, 2020, against Defendants Gates Community Chapel of Rochester, Inc. d/b/a Freedom Village USA (“FVU”) and Fletcher A. Brothers a/k/a Pastor Brothers (“Brothers”) (collectively “Defendants”) pursuant to this Court’s diversity jurisdiction. (Dkt. 1). Presently before the Court is Defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(b). (Dkt. 16). For the reasons that follow, Defendants’ motion is granted in part and denied in part. BACKGROUND The following facts are taken from Plaintiff’s complaint. (Dkt. 1). Plaintiff, a citizen of the Commonwealth of Virginia, attended FVU, a private boarding school for trouble teens located in Lakemont, New York, from September of 1991 through June of 1994. (Id. at

1, 5, 9). He alleges that FVU is a citizen of the State of New York and Brothers a citizen of Florida. (Id. at

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