In D.P. v. Riverside Church in the City of New York, (NY Cnty. Sup. Ct., Nov. 14, 2022), a New York state trial court refused to dismiss on res judicata grounds a suit against Riverside Church alleging abuse of a teenage player by the founder of a Harlem basketball program sponsored by the church. A federal court lawsuit making similar allegations was dismissed in 2008 after plaintiff filed a stipulation of dismissal. While the federal court's order of dismissal did not state the grounds for dismissal, plaintiff in this case filed an affidavit saying that the rationale was the statute of limitations. The New York state court held that since the Child Victim Act revived causes of action that had previously been dismissed on limitations grounds, it would allow plaintiff to move ahead with the suit, saying in part:
As the Federal case was discontinued in 2008 and makes no mention as to why same occurred this court must give every deference to the party seeking an opportunity to proceed with this case under the CVA on the merits.
