DPDean Pillarella

1. Article · Jul 14, 2026 · Dean Pillarella

   First Department Holds Past Violations Do Not Inform The Definition Of “Intimate Part” For Purposes Of Penal Law Article 130 (opens the original)

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   In Watson v. Roanoke Is. Historical Assn., 2026 NY Slip Op 02949 (1st Dep’t 2026), a split court (4-1) at the Appellate Division, First Department, recently dismissed the plaintiff’s Adult Survivors Act (“ASA”) suit against his alleged assailant, holding “past violations do not inform the definition of ‘intimate part’ for the purposes of Penal Law article 130.” The plaintiff alleged the defendant sexually abused him from 2000 through 2003, while the two worked together. The plaintiff further all

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2. Article · Jul 14, 2026 · Dean Pillarella

   Second Department Holds Complaint Alleging “Nonconsensual Insemination” During Consensual Unprotected Intercourse Fails To State A Cause Of Action (opens the original)

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   In M.P. v. Wilson, 2026 NY Slip Op 01954 (2d Dep’t 2026), the Appellate Division, Second Department, held that the defendant’s alleged “nonconsensual insemination” of the plaintiff during consensual unprotected intercourse failed to state a cause of action for battery or negligence.The complaint alleged the parties “engaged in consensual unprotected sexual intercourse, during which the defendant allegedly ‘inseminated’ the plaintiff without her consent, resulting in the plaintiff’s ectopic pregn

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