New tack vs. Yeshiva U. ‘ sex abuse’
He lost a lawsuit against Yeshiva University’s prestigious allboys school involving alleged decadeslong sex abuse — so his parents are now trying to make an end run for justice.
In what their lawyer calls a firstofitskind move in the state, Israel and Chaya Gutman are set to file suit on Monday claiming the embattled Marsha Stern Talmudical Academy in Manhattan deceptively advertised itself as a safe place to send youths.
“This is the first case in which a parent has sued a school for deceptive practices based upon the school’s retention of known sexual predators,” the Florida couple’s lawyer, Kevin Mulhearn, told The Post.
The Manhattan Supreme Court suit echoes allegations of sex abuse made against former school officials — from the principal on down — in a $ 680 million federal suit.
That suit involved 34 unnamed former students who attended the high school between 1969 and 1991, including the Gutmans’ son, who is now in his late 40s and lives in Israel.
The lawsuit was dismissed last year by a Manhattan federal judge, who said the statute of limitations had elapsed because more than three years had passed since when alleged abuse occurred and when the plaintiffs sued.
Mulhearn is arguing in the new suit that the statute of limitations for filing suit should start when the parents found out about the alleged molestation.
The couple says their son came to them only after a newspaper article surfaced in December 2012 detailing former students’ allegations. He said he was molested in the early 1980s.
Yeshiva University said in a statement Sunday: “The allegations of abuse have already been fully litigated in federal court and dismissed on the grounds that the alleged acts occurred decades ago, well beyond the statute of limitations.
“Now, Mr. Mulhearn is attempting a legal maneuver involving one set of parents, not any of the alleged victims. We will continue to defend against his actions as we focus on enhancing our position as a premier institution for learning.”