Rafael Urena, Claimant v. The State of New York, the City University of New York1, Defendants The following documents were read and considered by the Court: 1. Notice of the motion to dismiss claim filed April 27, 2023; 2. Affirmation in support of defendants’ motion to dismiss by Antonella Papaleo, Assistant Attorney General affirmed on April 27, 2023, with an exhibit; 3. Affirmation in opposition to defendants’ motion to dismiss by Antigone Curis, Esq. affirmed on May 15, 2023, with exhibits 1 and 2; 4. Affirmation in further support of motion dismiss the claim by Antonella Papaleo, Assistant Attorney General affirmed on May 25, 2023; and 5 A verified claim filed on April 3, 2023. DECISION AND ORDER Claimant Rafael Urena filed a tort claim on April 3, 2023 seeking damages for injuries that he allegedly sustained when his computer science professor sexually assaulted him while claimant was an undergraduate student at Queens College, The City University of New York (CUNY) in 1982. In response to service of the claim, defendants filed a pre-answer motion to dismiss the claim pursuant to CPLR 3211 (a) (2) and (a) (7) and Court of Claims Act §11 (b) on April 27, 2023.2 For the reasons detailed below, the defendants’ motion to dismiss is denied. The Claim The claim alleges that claimant’s computer science professor at Queens College sexually abused him on at least two occasions in the professor’s office. (Claim at 2, 9.) These incidents are alleged to have occurred in 1982 when claimant was 19 years old. (Id.) The first incident described in the claim involved the professor placing his hands inside claimant’s pants, fondling claimant’s penis, and promising him answers for a test after telling claimant not to tell anyone about what happened. (Id.) The second incident, one week later, describes the professor sexually assaulting claimant. (Id.) Claimant asserts causes of action against the defendants for negligence; negligent hiring, retention, and supervision; and negligent infliction of emotional distress. (Id. at 2-3,
10-11.) Claimant alleges that he sustained severe and personal injuries resulting from the incident. (Id. at 2, 9.) He seeks both compensatory and punitive damages. (Id. at 4-5,
