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Jonathan v. State of New York

Dismissal Denied, Claimant Accurately Pleaded The Place Where He Was Abused

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Papers Considered: Notice of Motion, Affirmation & Exhibits Annexed         1-10 Affirmation in Opposition, Memorandum & Exhibits Annexed     11-15 Reply Affirmation               16 DECISION AND ORDER Upon the foregoing papers and for the following reasons, the Motion by the Defendant State of New York (hereinafter “State”), for dismissal of the Claim filed by Claimant Alexander Jonathan (hereinafter “claimant”), is denied in accordance with the following decision. By Claim filed on August 4, 2021, the claimant commenced the instant action against the State under the Child Victims Act, pursuant to CPLR 214-g, alleging that he was sexually assaulted and abused as a child by a staff member/nurse named Ollie Williams, when he was hospitalized at the Manhattan Psychiatric Center (hereinafter “MPC”) with “a principal place of business located at 102 Rivers Edge Road, New York, New York 10001[,]…under the control, ownership, and [] operated by the State” (Claim at 2, 3,

3, 4, 12). Specifically, the Claim alleges that, from 1977 to 1980 at approximately age 14 to 17 years old, the claimant was sent for inpatient psychiatric treatment to MPC, and shortly thereafter, Mr. Williams began to sexually abuse and assault him “innumerable times over the course of the next three (3) years until [he]” turned 17 years old (id. at 8, 9,

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