Belluck & Fox Wins Appeal Under Child Victims Act (CVA)

December 11, 2023 |

In a recent case, attorneys Michael Macrides, Harris Marks, and Seth Dymond from Belluck & Fox have successfully appealed a dismissal of a sexual abuse case under the Child Victims Act (CVA). Their efforts overturned the initial dismissal, which contested the details of a claim dating back to the late 1980s.

A motion to dismiss had been filed by the defendant based on CPLR 3211 (a) and the Court of Claims Act 11 (b), and it had been granted by the Court of Claims. However, this decision was challenged through persuasive arguments presented by the Belluck & Fox team in obtaining this significant appellate decision.

This ruling recognizes the difficulty survivors face when trying to recall exact dates and times of abuse, particularly in cases involving minors. The court acknowledged the validity of the plaintiff’s claims. Michael Macrides, Harris Marks, and Seth Dymond collectively achieved justice for the plaintiff, while also emphasizing the complexity of instances that occurred decades ago and the delicate balance between legal requirements and the lived experiences of survivors seeking closure and accountability.

If you or a loved one suffered childhood sexual abuse, regardless of when it happened, call the committed, top-rated attorneys at Belluck & Fox today for a free consultation.