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Doe v. City of New York et al., Index No. 610405/2023 (App. Div., 2d Dep’t 2026)

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Congratulations to Keri Wehrheim and the Scahill Law Group appellate team for securing an important appellate win eliminating punitive damages for Little Flower Children and Family Services of New York before the Appellate Division, Second Department.

The case arises from Child Victims Act claims involving allegations that the plaintiff was sexually abused while residing at the Wading River Campus between 1988 and 1992. The plaintiff alleged negligence, negligent hiring, supervision, monitoring, retention, and training, and failure to report suspected child abuse under Social Services Law § 413.

Little Flower Children and Family Services appealed from a Suffolk County Supreme Court order denying its motion for summary judgment. Although the Appellate Division sustained the lower court’s denial of summary judgment as to several claims, it modified the order in a significant respect: the court held that the Supreme Court should have granted summary judgment dismissing the demand for punitive damages against the agency.

The Appellate Division explained that punitive damages in negligent hiring, retention, or supervision cases require conduct showing a high degree of moral culpability, willful or wanton negligence, recklessness, or conscious disregard for the rights of others. The court found that the plaintiff’s allegations against the agency amounted to allegations of negligence and did not rise to the level required to support punitive damages.

Accordingly, the Appellate Division modified the lower court’s order and dismissed the punitive damages demand against Little Flower Children and Family Services.

Congratulations to Keri and the Scahill appellate team on a significant appellate win, reflecting a focused appellate challenge that eliminated a major exposure component from this case.

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