B.B. v. William Cosby, Jr., et al., and The Carsey-Werner Company, LLC
Attorneys and Parties
Brief Summary
Entertainment/television producer liability for off-premises sexual assaults and service-of-process extensions for revived adult sexual assault claims.
Granted plaintiff an extension of time to serve process under CPLR 306-b [rule requiring service within 120 days and allowing extension for good cause or in the interest of justice] and denied Carsey-Werner’s motion to dismiss the negligent hiring, retention, and supervision claim.
The denial of Carsey-Werner’s motion to dismiss the negligent hiring, retention, and supervision claim was reversed; the service extension under CPLR 306-b was affirmed.
Extension affirmed because plaintiff’s seven-month delay was not unduly prejudicial, CW had notice via mediation, claims were not clearly meritless, and deciding on the merits was favored; the Adult Survivors Act (ASA) under CPLR 214-j [statute creating a one-year window to file revived, previously time-barred civil claims by adult survivors of sexual offenses] does not alter service rules. Dismissal required because plaintiff failed to plead proximate causation—a nexus between CW’s employment-related actions and the alleged assaults—such as use of CW premises, resources, or involvement in the relationship.
Background
Plaintiff alleges sexual abuse by William Cosby, Jr. between 1985 and 1987. She sued under the Adult Survivors Act (ASA) (CPLR 214-j [statute creating a one-year window to file revived, previously time-barred civil claims by adult survivors of sexual offenses]). The Cosby Show, starring Cosby, was produced by The Carsey-Werner Company, LLC (CW). Plaintiff’s initial service on CW within the 120-day period failed because she did not file the affidavit of compliance required by Limited Liability Company Law § 304 [service on an LLC via the Secretary of State requires filing an affidavit of compliance]. She moved to extend time to serve under CPLR 306-b [rule requiring service within 120 days and allowing extension for good cause or in the interest of justice] and asserted a negligent hiring, retention, and supervision claim against CW.
Lower Court Decision
The Supreme Court, New York County, granted plaintiff an extension of time to serve CW with process in the interest of justice under CPLR 306-b and denied CW’s motion to dismiss the negligent hiring, retention, and supervision claim.
Appellate Division Reversal
The Appellate Division affirmed the CPLR 306-b extension, rejecting any categorical exception for ASA cases and noting CW’s notice, lack of prejudice from a seven-month delay, and preference for merits determinations after the statute of limitations had otherwise expired. It reversed the denial of CW’s motion to dismiss, holding plaintiff failed to allege proximate causation by not pleading any nexus between CW’s actions, premises, or resources and the alleged assaults, and denied leave to amend for lack of identified, outcome-changing facts.
Legal Significance
Clarifies that CPLR 306-b’s interest-of-justice extension applies to Adult Survivors Act filings; the ASA does not modify service-of-process rules. Reinforces that negligent hiring, retention, and supervision claims require a well-pleaded nexus between the employer’s conduct or instrumentalities and the harm, especially where alleged assaults occur off-premises and without use of employer resources.
ASA claims may receive CPLR 306-b service extensions where justice warrants, but negligent hiring claims against employers require specific facts linking the employer’s conduct or resources to the alleged assault; absent such nexus, dismissal is required.