¶ 110.)ĭefendant asserts that Civil Rights Law § 50-b is limited to the victims of a "sex offense, as defined in article one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law," and is inapplicable to this matter since there was no criminal prosecution ever commenced in connection with the parties' sexual relationship. ¶ 109.) He alleges that plaintiff has commenced this action to "harass and/or maliciously injure Defendant and his good reputation." ( Id. allegations that Defendant had sexual relations with her when she was a child and that they had sex on a daily basis in his office." ( Id.
the Fifth and Fourteenth Amendments of the United States Constitution and relevant New York State constitutional law," (14) "any claim for punitive damages is barred, reduced, or in the alternative, is unconstitutional insofar as it constitutes an excessive fine as provided in the Eighth Amendment of the United States Constitution and Article 1, Section 5 of the Constitution of the State of New York," and (15) "the complaint is barred by Plaintiff's unclean hands." In addition, defendant asserts a counterclaim in which he alleges that "Plaintiff has knowingly alleged material factual statements that are false.
Began after Plaintiff reached the age of consent." (Answer ¶ 92.) He asserts 15 affirmative defenses, contending that: (1) the parties "were engaged in a consensual relationship that began after plaintiff reached the age of consent," (2) there is no proximate cause of any damages, (3) the action is barred by laches, (4) the action is barred by waiver and estoppel, (5) the action should be dismissed as frivolous under 22 NYCRR 130-1.1, (6) any claimed economic damages should be offset by collateral sources as provided for in CPLR 4545, (7) the complaint fails to state a cause of action, (8) the action is barred by the statute of limitations, (9) the complaint lacks specificity as required by CPLR 30, (10) any claim based on the Child Victims Act is barred to the extent that the Child Victims Act is found to violate the constitutions of the United States and/or State of New York, (11) the action is barred based on "spoliation of evidence," (12) plaintiff failed to mitigate her damages, (13) "the imposition of punitive damages would violate.
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