In November 2022, New York’s “Adult Survivors Act” (ASA) gave individuals who claimed to have been sexually assaulted, a one-year window to assert claims despite the expiration of the limitations period. Multiple plaintiffs, including a woman named Stacey Pinkerton, commenced actions against Bill Cosby and added as defendants The Carsey-Werner Company (CW), the production company that produced The Cosby Show in the 1980s and early 1990s; NBC Universal, whose predecessor NBC exhibited the show; Kaufman Astoria Studios, the managing agent of the building where some of the shows were recorded; and ASLP II, the leaseholder of the studio where some of the shows were recorded.

Moses Singer represents CW in these cases.  Moses Singer also represented ASLP II but obtained dismissal of all claims against ASLP II on motions to dismiss early in the cases. NBC Universal and Kaufman Astoria Studios, not represented by Moses Singer, recently settled with Ms. Pinkerton on confidential terms. 

Decision.  On CW’s behalf, Moses Singer moved to dismiss the Pinkerton case. Following oral argument, on February 3, 2025, Justice Richard D. Latin of New York Supreme Court granted Moses Singer’s motion (decision attached). Justice Latin held that Ms. Pinkerton was not covered by the ASA for jurisdictional reasons.  In addition, in a footnote, Justice Latin determined that the plaintiff also failed to state a cause of action on the merits of her claims against CW, which were for negligent hiring, supervision and retention of Cosby as an employee.  

Lack of Jurisdiction.  Moses Singer attorneys argued that since the wrongful conduct occurred outside of New York, in Illinois, and since Ms. Pinkerton was not a New York resident at the time of the wrongful conduct, her claims were not revived by the ASA.  The Court agreed, rejecting Ms. Pinkerton’s arguments that there was enough of a nexus with New York to revive her claims. 

Negligence.  Moses Singer attorneys also argued that Ms. Pinkerton’s negligence claims had to be dismissed on their merits because CW was not responsible for any misconduct by Mr. Cosby. Moses Singer argued that CW had no legal duty to protect Ms. Pinkerton from Mr. Cosby, could not have foreseen that Mr. Cosby would drug and rape Ms. Pinkerton, did not in any way cause Ms. Pinkerton’s injuries, had no actual or constructive notice of Mr. Cosby’s alleged propensity to drug and rape women, and had no nexus whatsoever to the wrongful conduct.  

Citing a recent New York State Court of Appeals decision, Moore Charitable the Court agreed with Moses Singer.  Moore Charitable held, among other things, that a plaintiff must plead prior similar conduct to show that an employer had advance notice or knowledge of the wrongful conduct that caused plaintiff’s injuries.  Moses Singer argued that Ms. Pinkerton had failed to plead or otherwise cite any prior similar conduct by Mr. Cosby that would have alerted CW to Mr. Cosby’s alleged propensities to harm women.