Belluck & Fox Wins Appeal Under Child Victims Act (CVA)
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.
The NYS Adult Survivors Act Has Been Extended
If you or a loved one suffered sexual abuse, regardless of when it happened, call the committed, top-rated attorneys at Belluck & Fox today.
The New York State Adult Survivors Act (ASA) has been officially signed into action, which changes the strict statute of limitations on sexual abuse claims in New York. Adult survivors of sexual abuse can now open their previously expired claims for a full year, starting on December 8th, 2022. This also allows adults who were sexually assaulted in the workplace, hospital, or jail, to sue that entire entity.
When did it take effect?
The new law is currently in effect. Abuse survivors have until December 2023 to file civil cases no matter how long ago the abuse happened. You should not wait to contact a lawyer.
How is this different?
This gives adult sexual abuse survivors more time to seek recourse, as they may not have been able to process what happened to them at the time.
This new window mirrors the 2019 Child Victims Act that temporarily expanded the NYS Statute of limitations in child sex abuse cases for 2 years.
Who does it help?
Anyone who has been affected by sexual abuse as an adult, or knows someone who has, should consider learning more about their options under the new law. You and your loved ones are not alone.
What can I do now?
It’s undeniable that these cases are difficult to cope with for victims and their families. But this law represents new hope for getting justice.
Belluck & Fox has been standing up for New Yorkers that suffered from sexual abuse crimes for over 20 years. We want to help you too. With offices across the state, we’ll talk to you about your case, with no obligation, at any of our locations or even at your home. We will fight for you and your family as if they were our own because we believe no one should have to go through this alone.