A.M. v. HOLY RESURRECTION GREEK ORTHODOX CHURCH OF BROOKVILLE

Index No. 156132/16. Appeal No. 12834. Case No. 2020-02258.

190 A.D.3d 470 (2021)

135 N.Y.S.3d 823

2021 NY Slip Op 00102

A.M. et al., Appellants, v. Holy Resurrection Greek Orthodox Church of Brookville et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2021.


Attorney(s) appearing for the Case

Herman Law, New York ( Jeffrey M. Herman of counsel), for appellants.

Steven F. Goldstein, L.L.P., Carle Place ( Howard S. Kass of counsel), for Holly Resurrection Greek orthodox Church of Brookville, New York, respondent.

Rutherford & Christie, LLP, New York ( David S. Rutherford of counsel), for Greek Orthodox Archdiocese of America and Archbishop Demetrios Trakatellis, respondents.

Concur—Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.


Plaintiffs are a minor child who was sexually assaulted by the infant son of defendant Father Demetrios Kehagias, and his sister, also a minor, who partially witnessed the assault. The assault occurred during a weekly coffee reception following services at the defendant Church, where Kehagias was the temporary substitute priest.

"Under the doctrine of respondeat superior, an employer may be vicariously liable for the tortious acts of its employees only if those acts...

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