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MELFE v. ROMAN CATHOLIC DIOCESE OF ALBANY, N.Y.

532340.

196 A.D.3d 811 (2021)

151 N.Y.S.3d 233

2021 NY Slip Op 04179

David F. Melfe et al., Respondents, v. Roman Catholic Diocese of Albany, New York, Appellant, et al., Defendants.

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

Decided July 1, 2021.

Attorney(s) appearing for the Case

Tobin and Dempf, LLP, Albany ( Michael L. Costello of counsel) and Phelan Phelan & Danek, LLP, Albany, for appellant.

Smalline and Harri, Albany ( Martin D. Smalline of counsel), for respondents.

Jeff Anderson & Associates, PA, New York City ( Jeffrey R. Anderson of counsel) and LaFave Wein & Frament, PLLC, Albany ( Cynthia S. LaFave of counsel), for Zero Abuse Project, amicus curiae.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

Plaintiffs are siblings who commenced this action in August 2019 pursuant to the Child Victims Act (see CPLR 214-g [hereinafter CVA]) for injuries sustained as a result of alleged sexual, physical and emotional abuse committed by defendant Francis P. Melfe (hereinafter Melfe) while he was employed as a priest by defendant Roman...

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