In this action to recover damages pursuant to the Adult Survivor’s Act for alleged sexual touching during a 2004 medical exam, the Appellate Division, Second Department, in accordance with the Horn Appellate Group’s arguments on appeal, reversed the lower court’s judgment of dismissal and reinstated the complaint, determining in an 11-page Opinion written by Associate Justice Mark C. Dillon, that Plaintiff’s complaint sufficiently plead the sexual abuse cause of action pursuant to Penal Law §§ 130.52 and 130.55, and that a laches affirmative defense is non-applicable to an ASA action.
