Summary
applying one-year statute of limitations to claim for breach of fiduciary duty based on sexual assault
Summary of this case from ADAMS BOOK CO. v. NEYOpinion
June 1, 1998
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is reversed insofar as appealed from, on the law, that branch of the appellant's motion which was to dismiss the first cause of action of the amended complaint insofar as asserted against him is granted, and the action against the remaining defendant is severed.
Although the plaintiff sought to recast her cause of action against the defendant Basilios Kapsalis, a Greek Orthodox priest, as one to recover damages for breach of fiduciary duty, the gravamen of the complaint is that he sexually assaulted her. "Regardless of how it is pleaded, sexual [assault] is an intentional tort subject to a one-year Statute of Limitations" (Sharon B. v. Reverend S., 244 A.D.2d 878; see also, Joshua S. v. Casey, 206 A.D.2d 839), which had run when this action was commenced.
In light of our determination it is unnecessary to consider the appellant's remaining contention.
Mangano, P. J., Thompson, Santucci and Altman, JJ., concur.