Herman Law Secures Major Appellate Victory in Child Victims Act Case Against Putnam County

In another important step forward for survivors of childhood sexual abuse, the New York Appellate Division, Second Department reversed the Supreme Court’s dismissal of a case against Putnam County and St. Anne Institute. As a result, the Plaintiff is able to continue her pursuit of justice against the County and Institution she sued for their negligence in failing to protect her when she was a child in their custody and care.

Case Background and The Appellate Court’s Ruling

Plaintiff filed her Complaint under the Child Victims Act alleging that, from March 2013 to July 2013, she was repeatedly sexually abused by a teacher at St. Anne Institute while placed there as a foster child by Putnam County.

The County and St. Anne Institute moved for summary judgment to dismiss the case, arguing that they had no notice of the alleged sexual abuse. The Supreme Court granted that motion and dismissed the Plaintiff’s claims.

On appeal, the Second Department reversed, finding that the defendants failed to meet the required burden of proof. The Second Department emphasized that when a municipality assumes legal custody over a foster child, it becomes “the sole legal authority responsible for determining who has daily control over the child’s life” and owes a duty to guard that child from foreseeable risks of harm.

The Second Department further found that the defendants’ own evidence showed the alleged abuse occurred daily for several months in a classroom at St. Anne Institute, both during and after school hours. Given the frequency and location of the alleged abuse, the Court ruled that the defendants did not eliminate an essential question of fact as to whether they should have known of the abuse. Because the County and Institute failed to establish their entitlement to dismissal, the Court ruled that the Plaintiff’s claims must be reinstated.

A Victory for Survivors

This ruling reinforces that government agencies and institutions cannot shield themselves from liability when they fail to protect children placed in their care. Municipalities and childcare facilities must demonstrate actual oversight and supervision—they cannot simply claim ignorance when abuse occurs repeatedly over an extended period in their own facilities. The decision affirms that survivors have the right to pursue justice against institutions whose negligence allowed abuse to occur.

Herman Law’s Commitment

At Herman Law, we are proud to represent survivors of childhood sexual abuse and remain steadfast in our mission to hold institutions accountable when they fail to protect children. This appellate victory underscores the power of the Child Victims Act in providing survivors the opportunity to confront not only their abusers but also the institutions that enabled those abusers.

M.F. v. Putnam County, et al. (2025). Appellate Division, Second Department, Decision & Order (Case No. 2024-02407, Index No. 501090/21). Entered December 24, 2025.