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MARS v. DIOCESE OF ROCHESTER

196 Misc.2d 349 (2003)

763 N.Y.S.2d 885

JEFFREY MARS et al., Plaintiffs, v. DIOCESE OF ROCHESTER et al., Defendants.

Supreme Court, Monroe County.

May 7, 2003.

Attorney(s) appearing for the Case

Harris Beach LLP, Pittsford (Paul J. Yesawich, III, of counsel), for Diocese of Rochester, defendant.

Bansbach, Zoghlin & Wahl, P.C., Rochester (John M. Bansbach of counsel), and Reinhardt & Anderson, St.

Paul, Minnesota (Jeffrey R. Anderson of counsel), for plaintiffs.

OPINION OF THE COURT

ROBERT J. LUNN, J.

Defendant, Diocese of Rochester, moves to dismiss the complaint as barred by the applicable statute of limitations and further that it fails to state a cause of action. (CPLR 3211 [a] [2], [5], [7]). Following oral argument at Special Term the court reserved decision.

The claims in this action arise out of the alleged sexual abuse of the 10 plaintiffs by Father...

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