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SCHULTZ v. BOY SCOUTS OF AM.

65 N.Y.2d 189 (1985)

Richard E. Schultz, Individually and as Administrator of The Estate of Christopher Schultz, Deceased, and as Father and Natural Guardian of Richard Schultz, et al., Appellants, v. Boy Scouts of America, Inc., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 30, 1985.

Attorney(s) appearing for the Case

David Jaroslawicz for appellants.

Franklin N. Meyer for Boy Scouts of America, Inc., respondent.

William P. Ford and Stuart C. Levene for Brothers of the Poor of St. Francis, Inc., respondent.

Chief Judge WACHTLER and Judges MEYER, KAYE and ALEXANDER concur with Judge SIMONS; Judge JASEN dissents and votes to reverse in a separate opinion.

SIMONS, J.

Plaintiffs, Richard E. and Margaret Schultz, instituted this action to recover damages for personal injuries they and their sons, Richard and Christopher, suffered because the boys were sexually abused by defendant Edmund Coakeley and for damages sustained as a result of Christopher's wrongful death after he committed suicide. Coakeley, a brother in the Franciscan order, was the boys' school teacher...

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