{"@context":"https://schema.org","@type":"DigitalDocument","altText":"161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_EXHIBIT_S__5","alternateName":"161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_EXHIBIT_S__5.pdf","caption":"","contentUrl":"https://lucycraig.blog/media/212/raw","datePublished":"2026-10-10T17:17:46+00:00","description":"","encodingFormat":"application/pdf","identifier":"212","isAccessibleForFree":true,"machineReadable":{"json":"https://lucycraig.blog/media/212/index.json","markdown":"https://lucycraig.blog/media/212/index.md"},"name":"161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_EXHIBIT_S__5","ocrStatus":"ready","ocrText":"--- Page 1 ---\n.\n1 \nSUPREME COURT OF THE STATE OF NEW YORK \nCOUNTY OF NEW YORK \nJANE DOE, \nIndex No.: \nSUMMONS \nPlaintiff, \n-against-\nCORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE \nASSOCIATION, \nCHI \nPHI \nFRATERNITY, \nINC., \nCHI \nPHI \nEDUCATIONAL TRUST, ALPHA BETA HOUSE CORPORATION \nOF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, \nZAREEN ENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, \nMATTHEW INGALLS, JOHNATHAN NEWELL, WINSTON LEE, \nGILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, SCOTT \nKRETZSCHMAR, JOHN DOE (FACULTY), JOHN DOE (ALUMNI), \nJOHN DOES (EXECUTIVE BOARD), and ORAZIO PETITO, \nDefendants. \nPlaintiff designates NEW YORK County as the place of trial. Venue is based on the location in \nwhich Plaintiff currently resides. \nTO THE ABOVE-NAMED DEFENDANTS: \nYOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve \na copy of your answer, or, if the Complaint is not served with this summons, to serve a notice of \nappearance, on the Plaintiff\u2019s Attorney(s) within 20 days after the service of this summons, \nexclusive of the day of service (or within 30 days after the service is complete if this summons is \nnot personally delivered to you within the State of New York); and in the case of your failure to \nappear or answer, judgment will be taken against you by default for the relief demanded in the \nComplaint. \nDated: New York, New York \nSeptember 14, 2026 \nRHEINGOLD GIUFFRA RUFFO \nPLOTKIN & HELLMAN LLP \nAttorneys for Plaintiff  \n      _____________________\nBy: Thomas P. Giuffra, Esq. \n551 Fifth Avenue, 29th Fl. \nNew York, NY 10176 \nTel: (212) 684-1880 \ntgiuffra@rheingoldlaw.com \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 2 ---\n2 \n \n \n \n \n \n \nCOCHRUN & SEALS, LLC \n \n \n \n \n \n \nAttorneys for Plaintiff \n \n \n \n \n \n \n(Pro Hac Vice pending) \n \n \n \n \n \n \n \n/s/ W. Whitney Seals \n   _____________________                                                         \n \n \n \n \n \n \nBy: W. Whitney Seals, Esq. \n \n \n \n \n \n \nP.O. Box 10448 \n \n \n \n \n \n \nBirmingham, AL 35202-0448 \n \n \n \n \n \n \nTel: (202) 323-3900 \n \n \n \n \n \n \nwhitney@cochrunseals.com \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 3 ---\n3 \nSUPREME COURT OF THE STATE OF NEW YORK \nCOUNTY OF NEW YORK \n \nJANE DOE, \nIndex No.:  \n \n \nCOMPLAINT \n \n \n \nPLAINTIFF DEMANDS  \nA TRIAL BY JURY \n \nPlaintiff, \n                     -against- \n \nCORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE \nASSOCIATION, CHI PHI FRATERNITY, INC., CHI PHI \nEDUCATIONAL \nTRUST, \nALPHA \nBETA \nHOUSE \nCORPORATION OF DELTA DELTA DELTA, DELTA DELTA \nDELTA SORORITY, ZAREEN ENTERPRISE LLC d/b/a \nMOONIES BAR & NIGHTCLUB, MATTHEW INGALLS, \nJOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, \nDIEGO SARABIA, SCOTT NORRIS, SCOTT KRETZSCHMAR, \nJOHN DOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES \n(EXECUTIVE BOARD), and ORAZIO PETITO, \n \nDefendants. \n \nPlaintiff JANE DOE complaining of the Defendants by her attorneys RHEINGOLD \nGIUFFRA RUFFO PLOTKIN & HELLMAN LLP, and COCHRUN & SEALS, LLC (Pro Hac \nVice pending), respectfully alleges, upon information and belief, the following:  \nNATURE OF THE ACTION  \n \n1. \nThis complaint is based on the negligent, willful, or intentional failure of the \nDefendants CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE ASSOCIATION, \nCHI PHI FRATERNITY, INC., CHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE \nCORPORATION OF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, JOHN \nDOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE BOARD), and \nORAZIO PETITO, their employees, agents, and/or servants, to protect Plaintiff JANE DOE from \nbeing sexually assaulted and raped by multiple members of the Xi Chapter of Chi Phi Fraternity \nat Cornell University, while at the Chi Phi Fraternity house on Cornell University\u2019s campus, as \nwell as against those individuals, Defendants MATTHEW INGALLS, JOHNATHAN NEWELL, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 4 ---\n4 \nWINSTON LEE, GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, and SCOTT \nKRETZSCHMAR, who perpetrated such heinous criminal sexual acts against Plaintiff therein. \n2. \nThis complaint also contains allegations against Defendant CORNELL \nUNIVERSITY, INC., for breach of contract. \n3. \nThis complaint also contains allegations against Defendants ALPHA BETA \nHOUSE CORPORATION OF DELTA DELTA DELTA and DELTA DELTA DELTA \nSORORITY, for breach of contract. \n4. \nThis complaint also contains allegations against Defendant CORNELL \nUNIVERSITY, INC., for violations of New York State Human Rights Law (NYSHRL), Executive \n(EXC) Chapter 18, Article 15, Section 296 et seq. \n5. \nThis complaint also contains allegations against Defendant CORNELL \nUNIVERSITY, INC., for violations of New York Education Law (EDN) \u00a7 6440. \n6. \nThis complaint also contains allegations against Defendants MATTHEW \nINGALLS, JOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, DIEGO SARABIA, \nSCOTT NORRIS, and SCOTT KRETZSCHMAR, and each of them, for their sexual assault and \nrape of Plaintiff, pursuant to the protections afforded by CPLR 213-c. \n7. \nThis complaint also contains allegations against Defendant ZAREEN \nENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, their employees, agents, and/or \nservants, for causes of action pursuant to New York\u2019s Dram Shop Act, General Obligations Law \n\u00a7\u00a711-100 \u2013 11-101, as well as others under the theory of negligence. \nPARTIES \n8. \nThat at all relevant times, Plaintiff JANE DOE (hereinafter \u201cDOE\u201d) was a 20-year-\nold adult female.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 5 ---\n5 \n9. \nThat at all relevant times, Defendant CORNELL UNIVERSITY, INC. (hereinafter \n\u201cCORNELL\u201d) was and is a private institution of higher education with address in New York City \nand Ithaca, New York. \n10. \nThat at all relevant times, CORNELL maintained, operated and controlled the \nprivate ivy-league university known as Cornell University, with a mailing address of 616 Thurston \nAvenue, Ithaca, New York 14853. \n11. \nThat at all relevant times, Plaintiff was a full-time undergraduate student attending \nCORNELL\u2019s Cornell University located in Ithaca, New York. \n12. \nThat at all relevant times, Plaintiff resided on CORNELL\u2019s campus. \n13. \nThat at all relevant times, CORNELL maintained a private police department \nknown as Cornell University Police, with its primary office located at 117 Statler Dr, Ithaca, New \nYork 14853. \n14. \nThat at all relevant times, CORNELL maintained a Division of Public Safety, with \nits primary office located at 245 East Hill Office Building, Ithaca, New York 14852. \n15. \nThat at all relevant times, CORNELL maintained the SHARE Office within the \nSkorton Center for Health Initiatives located at 410 Thurston Avenue, Ithaca, New York 14850. \n16. \nThat at all relevant times, CORNELL held itself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its students and to use reasonable care and diligence in its monitoring and policing of its \ncampus and those utilizing said campus. \n17. \nThat at all relevant times, while Plaintiff was attending and lawfully located on \nCORNELL\u2019s campus, of which CORNELL had and has complete control, she was sexually \nassaulted and raped by fellow Cornell University students at the fraternity house known as Chi Phi \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 6 ---\n6 \nFraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n18. \nThat at all relevant times, CORNELL owned, managed, operated, and/or controlled \nthe subject Chi Phi Fraternity house, as it was and is situated on CORNELL\u2019s property. \n19. \nThat at all relevant times, CHI PHI CHAPTER HOUSE ASSOCIATION \n(hereinafter \u201cXI CHAPTER\u201d) was and is a Chapter of the international men\u2019s fraternity (aka \nfraternity) known as Chi Phi Fraternity which is managed, owned, and/or controlled by Defendants \nCHI PHI FRATERNITY, INC., and CHI PHI EDUCATIONAL TRUST (hereinafter jointly \nreferred to as \u201cCHI PHI NATIONAL\u201d),  \n20. \nThat at all relevant times, XI CHAPTER\u2019s Executive Offices are located at 801 \nHudson St, Hoboken, New Jersey 07030. \n21. \nThat at all relevant times, XI CHAPTER was and is a domestic not-for-profit \ncorporation duly organized and existing under New York law with its principal place of business \nin Ithaca, New York.  \n22. \nThat at all relevant times, XI CHAPTER owned, managed, operated, and/or \ncontrolled the Xi Chapter of Chi Phi at Cornell University\u2019s house located at 107 Edgemoor Ln, \nIthaca, New York 14850. \n23. \nThat at all relevant times, XI CHAPTER maintained and controlled a regional \nchapter of its parent organization, known as the Xi Chapter of Chi Phi Fraternity at Cornell \nUniversity. \n24. \nThat at all relevant times, XI CHAPTER maintained and controlled a residential \nhouse on Cornell University\u2019s campus for the Xi Chapter\u2019s use, located at 107 Edgemoor Ln, \nIthaca, New York 14850. \n25. \nThat at all relevant times, XI CHAPTER held itself out to the public, and more \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 7 ---\n7 \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its invitees and/or guests and to use reasonable care and diligence in its monitoring and \npolicing of the Xi Chapter\u2019s house and those living in and utilizing said house. \n26. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which XI CHAPTER had and has complete control, she was plied with alcohol and drugs \nto the point of intoxication by members of XI CHAPTER\u2019s fraternal organization, which resulted \nin Plaintiff being sexually assaulted and raped by members of XI CHAPTER\u2019s regional fraternal \norganization at Cornell University, operating out of the fraternity house known as Chi Phi \nFraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n27. \nThat at all relevant times, CHI PHI FRATERNITY, INC., was and is a domestic \nbusiness corporation duly organized and existing under Georgia law with its principal place of \nbusiness in Roswell, Georgia.  \n28. \nThat at all relevant times, CHI PHI FRATERNITY, INC., owned, managed, \noperated, and/or controlled XI CHAPTER, a regional chapter of its fraternal organization, \noperating out of the Xi Chapter of Chi Phi at Cornell University\u2019s house located at 107 Edgemoor \nLn, Ithaca, New York 14850. \n29. \nThat at all relevant times, CHI PHI EDUCATIONAL TRUST was and is a \ndomestic not-for-profit corporation duly organized and existing under Georgia law with its \nprincipal place of business in Roswell, Georgia.  \n30. \nThat at all relevant times, CHI PHI EDUCATIONAL TRUST owned, managed, \noperated, and/or controlled XI CHAPTER, a regional chapter of its fraternal organization, \noperating out of the Xi Chapter of Chi Phi at Cornell University\u2019s house located at 107 Edgemoor \nLn, Ithaca, New York 14850. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 8 ---\n8 \n31. \nThat at all relevant times, CHI PHI FRATERNITY, INC., and CHI PHI \nEDUCATIONAL TRUST operate jointly as one business entity known as Chi Phi Fraternity \n(hereinafter jointly referred to as \u201cCHI PHI NATIONAL\u201d), with its Executive Offices located at \n885 Woodstock Rd Suite 430-389, Roswell, GA 30075. \n32. \nThat at all relevant times, CHI PHI NATIONAL maintained and controlled a \nregional chapter of its parent organization, known as the Xi Chapter of Chi Phi Fraternity at Cornell \nUniversity. \n33. \nThat at all relevant times, CHI PHI NATIONAL maintained and controlled a \nresidential house on Cornell University\u2019s campus for the Xi Chapter\u2019s use, located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n34. \nThat at all relevant times, CHI PHI NATIONAL held itself out to the public, and \nmore particularly to Plaintiff herein, as possessing the proper degree of safety measure to \nadequately protect its invitees and/or guests and to use reasonable care and diligence in its \nmonitoring and policing of the Xi Chapter\u2019s house and those living in and utilizing said house. \n35. \nThat at all relevant times, while Plaintiff was lawfully within CHI PHI \nNATIONAL\u2019s house, of which CHI PHI NATIONAL had and has complete control, she was plied \nwith alcohol and drugs to the point of intoxication by members of CHI PHI NATIONAL\u2019s fraternal \norganization, which resulted in Plaintiff being sexually assaulted and raped by members of XI CHI \nPHI NATIONAL\u2019s regional fraternal organization at Cornell University, operating out of the \nfraternity house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York \n14850. \n36. \nThat at all relevant times, ALPHA BETA HOUSE CORPORATION OF DELTA \nDELTA DELTA (hereinafter \u201cALPHA BETA CHAPTER\u201d) was and is a Chapter of the \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 9 ---\n9 \ninternational women\u2019s fraternal organization (aka sorority) known as known as Delta Delta Delta \nSorority, which is managed, owned, and/or controlled by Defendant DELTA DELTA DELTA \nSORORITY (hereinafter \u201cTRI-DELTA NATIONAL\u201d). \n37. \nThat at all relevant times, ALPHA BETA CHAPTER was and is a domestic not-\nfor-profit corporation duly organized and existing under New York law with its principal place of \nbusiness in Ithaca, New York.  \n38. \nThat at all relevant times, ALPHA BETA CHAPTER owned and operated the \nAlpha Beta Chapter of Tri Delta at Cornell University\u2019s house located at 118 Triphammer Road, \nIthaca, New York 14580. \n39. \nThat at all relevant times, ALPHA BETA CHAPTER maintained and controlled \nthe regional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n40. \nThat at all relevant times, ALPHA BETA CHAPTER maintained and controlled a \nresidential house on Cornell University\u2019s campus for the Alpha Beta Chapter\u2019s use, located at 118 \nTriphammer Rd, Ithaca, New York 14850. \n41. \nThat at all relevant times, Plaintiff was a member of ALPHA BETA CHAPTER\u2019s \nregional sorority chapter at Cornell University. \n42. \nThat at all relevant times, Plaintiff resided in ALPHA BETA CHAPTER\u2019s house \non Cornell University campus, located at 118 Triphammer Rd, Ithaca, New York 14850. \n43. \nThat at all relevant times, ALPHA BETA CHAPTER held itself out to the public, \nand more particularly to Plaintiff herein, as possessing the proper degree of safety measure to \nadequately protect its members and to use reasonable care and diligence in its monitoring and \npolicing of the Alpha Beta Chapter\u2019s house and those living in and utilizing said house. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 10 ---\n10 \n44. \nThat at all relevant times, while Plaintiff was a member of ALPHA BETA \nCHAPTER and while Plaintiff was residing in ALPHA BETA CHAPTER\u2019s house, of which \nALPHA BETA CHAPTER had and has complete control, Plaintiff had become intoxicated, and \nthe house mother employed by ALPHA BETA CHAPTER observed Plaintiff in that intoxicated \nstate and nevertheless took Plaintiff to MOONIES in downtown Ithaca, NY, which resulted in \nPlaintiff being sexually assaulted and raped by fellow Cornell University students at the fraternity \nhouse known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n45. \nThat at all relevant times, TRI-DELTA NATIONAL was and is a domestic business \ncorporation duly organized and existing under Texas law with its principal place of business \nlocated at 14951 Dallas Pkwy #500, Dallas, Texas 75254. \n46. \nThat at all relevant times, TRI-DELTA NATIONAL owned and operated the Alpha \nBeta Chapter of Tri Delta at Cornell University\u2019s house located at 118 Triphammer Road, Ithaca, \nNew York 14580. \n47. \nThat at all relevant times, TRI-DELTA NATIONAL maintained and controlled the \nregional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n48. \nThat at all relevant times, TRI-DELTA NATIONAL maintained and controlled a \nresidential house on Cornell University\u2019s campus for the Alpha Beta Chapter\u2019s use, located at 118 \nTriphammer Rd, Ithaca, New York 14850. \n49. \nThat at all relevant times, Plaintiff was a member of TRI-DELTA NATIONAL\u2019s \nAlpha Beta Chapter at Cornell University. \n50. \nThat at all relevant times, Plaintiff resided in TRI-DELTA NATIONAL\u2019s Alpha \nBeta Chapter\u2019s house on Cornell University campus, located at 118 Triphammer Rd, Ithaca, New \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 11 ---\n11 \nYork 14850. \n51. \nThat at all relevant times, TRI-DELTA NATIONAL held itself out to the public, \nand more particularly to Plaintiff herein, as possessing the proper degree of safety measure to \nadequately protect its members and to use reasonable care and diligence in its monitoring and \npolicing of the Alpha Beta Chapter\u2019s house and those living in and utilizing said house. \n52. \nThat at all relevant times, while Plaintiff was a member of TRI-DELTA \nNATIONAL\u2019s Alpha Beta Chapter and while Plaintiff was residing in TRI-DELTA NATIONAL\u2019s \nAlpha Beta Chapter\u2019s house, of which TRI-DELTA NATIONAL had and has complete control, \nPlaintiff had become intoxicated, and the house mother employed by TRI-DELTA NATIONAL \nobserved Plaintiff in that intoxicated state and nevertheless took Plaintiff to MOONIES in \ndowntown Ithaca, NY, which resulted in Plaintiff being sexually assaulted and raped by fellow \nCornell University students at the fraternity house known as Chi Phi Fraternity located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n53. \nThat at all relevant times, JOHN DOE (FACULTY) (hereinafter \u201cFACULTY\u201d) \nwas and is the designated faculty advisor appointed by CORNELL as the official liaison between \nXI CHAPTER and Cornell University. \n54. \nThat at all relevant times, FACULTY, as faculty advisor, was and is assigned by \nCORNELL to oversee XI CHAPTER, the Cornell University regional chapter of CHI PHI \nNATIONAL\u2019s international fraternal organization. \n55. \nThat at all relevant times, FACULTY, as faculty advisor, was and is a university \nemployee, employed directly by CORNELL as a professor, lecturer, administrator, and/or other \nfaculty member. \n56. \nThat at all relevant times, CORNELL was and is vicariously liable under respondeat \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 12 ---\n12 \nsuperior for the negligent acts and omissions of FACULTY. \n57. \nThat at all relevant times, FACULTY, as faculty advisor, was responsible for \nsupervising and maintaining in a safe condition XI CHAPTER\u2019s fraternity house and its members \nthereat, located 118 Triphammer Rd, Ithaca, New York 14850, situated within the confines of \nCORNELL\u2019s university campus, \n58. \nThat at all relevant times, FACULTY, as faculty advisor, held themself out to the \npublic, and more particularly to Plaintiff herein, as possessing the proper degree of knowledge and \ntraining to adequately protect CORNELL\u2019s students, including Plaintiff herein, and to use \nreasonable care and diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house \nand those fraternity members living in and utilizing said house. \n59. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which FACULTY, as faculty advisor, breached their duty to supervise and maintain XI \nCHAPTER\u2019s fraternity house in a safe condition, as Plaintiff was plied with alcohol and drugs to \nthe point of intoxication by members of XI CHAPTER\u2019s fraternal organization, which resulted in \nPlaintiff being sexually assaulted and raped by members of XI CHAPTER\u2019s regional fraternal \norganization at Cornell University, operating out of the fraternity house known as Chi Phi \nFraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n60. \nThat at all relevant times, JOHN DOE (ALUMNI) (hereinafter \u201cALUMNI\u201d) was \nand is the designated alumni advisor appointed by CHI PHI NATIONAL as the official liaison \nbetween XI CHAPTER and CHI PHI NATIONAL. \n61. \nThat at all relevant times, ALUMNI, as alumni advisor, was and is assigned by CHI \nPHI NATIONAL to oversee XI CHAPTER, the Cornell University regional chapter of CHI PHI \nNATIONAL\u2019s international fraternal organization. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 13 ---\n13 \n62. \nThat at all relevant times, ALUMNI, as alumni advisor, was acting as an agent \nand/or employee of CHI PHI NATIONAL. \n63. \nThat at all relevant times, CHI PHI NATIONAL was and is vicariously liable under \nrespondeat superior for the negligent acts and omissions of ALUMNI. \n64. \nThat at all relevant times, ALUMNI, as alumni advisor, was responsible for \nsupervising and maintaining in a safe condition XI CHAPTER\u2019s fraternity house and its members \nthereat, located 118 Triphammer Rd, Ithaca, New York 14850, situated within the confines of \nCORNELL\u2019s university campus. \n65. \nThat at all relevant times, ALUMNI, as alumni advisor, held themself out to the \npublic, and more particularly to Plaintiff herein, as possessing the proper degree of knowledge and \ntraining to adequately protect CORNELL\u2019s students, including Plaintiff herein, and to use \nreasonable care and diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house \nand those fraternity members living in and utilizing said house. \n66. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which ALUMNI, as alumni advisor, breached their duty to supervise and maintain XI \nCHAPTER\u2019s fraternity house in a safe condition, as Plaintiff was plied with alcohol and drugs to \nthe point of intoxication by members of XI CHAPTER\u2019s fraternal organization, which resulted in \nPlaintiff being sexually assaulted and raped by members of XI CHAPTER, CHI PHI \nNATIONAL\u2019s regional fraternal organization at Cornell University, operating out of the fraternity \nhouse known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n67. \nThat at all relevant times, JOHN DOES (EXEC) (hereinafter jointly \u201cEXEC\u201d) was \nand is the cumulative Executive Board of XI CHAPTER, the regional chapter of CHI PHI \nNATIONAL upon CORNELL\u2019s university campus, operating out of the fraternity house known \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 14 ---\n14 \nas Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n68. \nThat at all relevant times, EXEC was and is comprised of a group of elected XI \nCHAPTER members who run the day-to-day operations of the Xi Chapter of Chi Phi Fraternity, \nthe regional chapter of CHI PHI NATIONAL upon CORNELL\u2019s university campus, operating out \nof the fraternity house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York \n14850. \n69. \nThat at all relevant times, EXEC was and is comprised of officers with titles such \nas: President, Vice President, Treasurer, Secretary, Risk Manager, Recruitment Chair, Social \nChair, among other executive titles. \n70. \nThat at all relevant times, EXEC was and is subject to CHI PHI NATIONAL\u2019s \nconstitution and bylaws as well as XI CHAPTER\u2019s regional constitution and bylaws. \n71. \nThat at all relevant times, EXEC was and is subject to CORNELL\u2019s constitution, \nbylaws, code of conduct, and student organizational rules and regulations. \n72. \nThat at all relevant times, EXEC was responsible for supervising and maintaining \nin a safe condition, XI CHAPTER\u2019s fraternity house and its members thereat, located 118 \nTriphammer Rd, Ithaca, New York 14850, situated within the confines of CORNELL\u2019s university \ncampus, \n73. \nThat at all relevant times, EXEC held themself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of knowledge and training to \nadequately protect CORNELL\u2019s students, including Plaintiff herein, and to use reasonable care \nand diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house and those \nfraternity members living in and utilizing said house. \n74. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 15 ---\n15 \nhouse, of which EXEC breached their duty to supervise and maintain XI CHAPTER\u2019s fraternity \nhouse in a safe condition, as Plaintiff was plied with alcohol and drugs to the point of intoxication \nby members of XI CHAPTER\u2019s fraternal organization, which resulted in Plaintiff being sexually \nassaulted and raped by members of XI CHAPTER\u2019s regional fraternal organization at Cornell \nUniversity, operating out of the fraternity house known as Chi Phi Fraternity located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n75. \nThat at all relevant times, ORAZIO PETITO (hereinafter \u201cPETITO\u201d) was and is \nthe elected President of the Executive Board of XI CHAPTER, the regional chapter of CHI PHI \nNATIONAL upon CORNELL\u2019s university campus, operating out of the fraternity house known \nas Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n76. \nThat at all relevant times, PETITO was and is a CORNELL student, as well as a \nmember of XI CHAPTER, the regional chapter of the greater CHI PHI NATIONAL.  \n77. \nThat at all relevant times, PETITO was and is subject to CHI PHI NATIONAL\u2019s \nconstitution and bylaws as well as XI CHAPTER\u2019s regional constitution and bylaws. \n78. \nThat at all relevant times, PETITO was and is subject to CORNELL\u2019s constitution, \nbylaws, code of conduct, and student organizational rules and regulations. \n79. \nThat at all relevant times, PETITO was responsible for supervising and maintaining \nin a safe condition, XI CHAPTER\u2019s fraternity house and its members thereat, located 118 \nTriphammer Rd, Ithaca, New York 14850, situated within the confines of CORNELL\u2019s university \ncampus, \n80. \nThat at all relevant times, PETITO held himself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of knowledge and training to \nadequately protect CORNELL\u2019s students, including Plaintiff herein, and to use reasonable care \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 16 ---\n16 \nand diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house and those \nfraternity members living in and utilizing said house. \n81. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which PETITO breached his duty to supervise and maintain XI CHAPTER\u2019s fraternity \nhouse in a safe condition, as Plaintiff was plied with alcohol and drugs to the point of intoxication \nby members of XI CHAPTER\u2019s fraternal organization, which resulted in Plaintiff being sexually \nassaulted and raped by members of XI CHAPTER\u2019s regional fraternal organization at Cornell \nUniversity, operating out of the fraternity house known as Chi Phi Fraternity located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n82. \nThat at all relevant times, Defendant ZAREEN ENTERPRISE LLC d/b/a \nMOONIES BAR & NIGHTCLUB (hereinafter \u201cMOONIES\u201d) was and is a domestic limited \nliability company with its principal address located at 409 Eddy Street, Ithaca, New York, 14850. \n83. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n84. \nThat at all relevant times, MOONIES maintained a liquor license for Moonies Bar \n& Nightclub, where MOONIES, its employees, servants and agents, served invitees and/or guests \nwith alcoholic beverages. \n85. \nThat at all relevant times, MOONIES held itself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its invitees and/or guests and to use reasonable care and diligence in its monitoring and \npolicing of Moonies Bar & Nightclub and those utilizing the premises thereat. \n86. \nThat at all relevant times, while Plaintiff was lawfully within MOONIES bar, of \nwhich MOONIES had and has complete control, Plaintiff, as a minor under 21 years old, was \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 17 ---\n17 \nserved with alcohol to the point of visible intoxication by members of MOONIES\u2019s staff, which \nresulted in Plaintiff being sexually assaulted and raped by members of CHI PHI\u2019s Xi Chapter at \nCornell University, at the fraternity house known as Chi Phi Fraternity located at 107 Edgemoor \nLn, Ithaca, New York 14850. \n87. \nThat at all relevant times, Defendant MATTHEW INGALLS (hereinafter \n\u201cINGALLS\u201d) was and is an adult male. \n88. \n That at all relevant times, INGALLS was a full-time undergraduate student \nattending Cornell University. \n89. \nThat at all relevant times, INGALLS was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n90. \nThat at all relevant times, Defendant JOHNATHAN NEWELL (hereinafter \n\u201cNEWELL\u201d) was and is an adult male. \n91. \n That at all relevant times, NEWELL was a full-time undergraduate student \nattending Cornell University. \n92. \nThat at all relevant times, NEWELL was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n93. \nThat at all relevant times, Defendant WINSTON LEE (hereinafter \u201cLEE\u201d) was and \nis an adult male. \n94. \n That at all relevant times, LEE was a full-time undergraduate student attending \nCornell University. \n95. \nThat at all relevant times, LEE was a member of CHI PHI\u2019s Xi Chapter at Cornell \nUniversity. \n96. \nThat at all relevant times, Defendant GILLIO LOPES (hereinafter \u201cLOPES\u201d) was \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 18 ---\n18 \nand is an adult male. \n97. \n That at all relevant times, LOPES was a full-time undergraduate student attending \nCornell University. \n98. \nThat at all relevant times, LOPES was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n99. \nThat at all relevant times, Defendant DIEGO SARABIA (hereinafter \u201cSARABIA\u201d) \nwas and is an adult male. \n100. \n That at all relevant times, SARABIA was a full-time undergraduate student \nattending Cornell University. \n101. \nThat at all relevant times, SARABIA was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n102. \nThat at all relevant times, Defendant SCOTT NORRIS (hereinafter \u201cNORRIS\u201d) \nwas and is an adult male. \n103. \n That at all relevant times, NORRIS was a full-time undergraduate student attending \nCornell University. \n104. \nThat at all relevant times, NORRIS was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n105. \nThat at all relevant times, Defendant SCOTT KRETZSCHMAR (hereinafter \n\u201cKRETZSCHMAR\u201d) was and is an adult male. \n106. \n That at all relevant times, KRETZSCHMAR was a full-time undergraduate student \nattending Cornell University. \n107. \nThat at all relevant times, KRETZSCHMAR was a member of CHI PHI\u2019s Xi \nChapter at Cornell University. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 19 ---\n19 \n108. \nPlaintiff JANE DOE seeks damages from all Defendants for their actions and more \nspecifically seeks damages from Defendants CORNELL, XI CHAPTER, CHI PHI NATIONAL, \nALPHA BETA CHAPTER, TRI-DELTA NATIONAL, FACULTY, ALUMNI, EXEC, and \nORAZIO PETITO,  who were and are legally responsible for the acts complained of herein that \nwere committed by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR,  and failed to properly supervise and/or monitor the activities of Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR.  \nJURISDICTION AND VENUE \n109. \nVenue is proper because Plaintiff JANE DOE currently resides in the State and \nCounty of New York. \n110. \nVenue is proper because Defendant CORNELL is a private institution of higher \neducation located in and authorized to transact business in New York with office located in New \nYork County as well as Tompkins County, New York. \n111. \nVenue is proper because Defendant XI CHAPTER is a domestic not-for-profit \ncorporation located in and authorized to transact business in New York with its principal office \nlocated in Tompkins County, New York. \n112. \nVenue is proper because Defendant CHI PHI NATIONAL is a domestic not-for-\nprofit corporation located in and authorized to transact business in New York with a regional \nsubsidiary known as the Xi Chapter, located in Tompkins County, New York. \n113. \nVenue is proper because Defendant ALPHA BETA CHAPTER is a domestic not-\nfor-profit corporation located in and authorized to transact business in New York with its principal \noffice located in Tompkins County, New York. \n114. \nVenue is proper because Defendant TRI-DELTA NATIONAL is a domestic not-\nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 20 ---\n20 \nfor-profit corporation located in and authorized to transact business in New York with a regional \nsubsidiary known as the Alpha Beta Chapter, located in Tompkins County, New York. \n115. \nVenue is proper because Defendant MOONIES is a domestic limited liability \ncompany located in and authorized to transact business in New York with its principal office \nlocated in Tompkins County, New York. \n116. \nThe amount of damages sought herein exceeds the jurisdictional limit of all lower \ncourts which would otherwise have jurisdiction. \nFOREWORD \n117. \nIn August 2022, Plaintiff was 18 years old when she flew across the country from \nher family home to begin her studies at Cornell University (the \u201cUniversity\u201d), with similar hopes, \nexpectations and trepidations of other high school graduates embarking on something so seemingly \nmonumental. She arrived on a campus where the University actively promoted Greek membership \nas a \u201cvital\u201d part of the campus community and endorsed these organizations as well- managed, \nworthy pathways to new friendships and improving one\u2019s educational and professional \nopportunities. Large fraternity and sorority houses were in prominent locations on campus. \n118. \nBefore and when Plaintiff set foot on campus, she never knew that the University \nhad been the scene of numerous incidents of sexual assault and rape in the months and years prior \nto her arrival. Students were afraid, protesting, and demanding reforms.  \n119. \nBy this time, the University had established campus organizations to address these \nprevailing issues, such as the SHARE (\u201cSexual Harassment & Assault\u2013Response & Education\u201d) \nOffice, implementing anti-sexual violence training in the University\u2019s Greek houses, advising \nincoming students about the risks of sexual assault and harassment in college, and offering support \nservices to victims/survivors. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 21 ---\n21 \n120. \nThese reforms took place after Resolution 34 was passed in on March 19, 2021, \nrequesting that \u201cCornell University review policies and action items over fraternity system, \nincluding reform, disband or abolish\u201d and have the \u201cOffice of Sorority and Fraternity Life to \nperform a yearly review of all fraternities and any fraternity accused of sexual harassment will be \nplaced on probation or have its recognition revoked.\u201d  \n121. \nEven still, in the following Fall 2022 semester, Cornell University saw at least 5 \nreported cases of drugging and 2 reports of sexual assault on Cornell\u2019s campus, all of which \noccurred at fraternity addresses. This triggered a response from the Cornell University Student \nAssembly who presented Resolution 16: Condemning Greek Life on December 1, 2022. \n122. \nPlaintiff also never knew that the dangers of fraternities were so widespread in the \ndecade before her arrival that they had been ranked as the \u201csixth worst risk for insurance companies \n\u2013 just behind hazardous waste disposal companies and asbestos contractors.\u201d So dangerous were \ntheir activities that their commercial insurance carriers declined insuring them any further. \n123. \nNational fraternities and sororities and their executives knew that fraternity \nchapters and members were incapable of responsibly managing the provision, use and misuse of \nalcohol and drugs in fraternity houses, during recruiting, and at Greek-sponsored events. One \nfraternity executive and industry leader confirmed that 99% of insurance claims were related to \nthe misuse of alcohol. Fraternity recruiting events with alcohol would eventually be labeled by \nanother fraternity executive and industry leader as being the \u201cdeadliest nights.\u201d \n124. \nFurther, Plaintiff was also unaware that a President of Psi Upsilon at Cornell \nUniversity, Wolfgang Ballinger, was charged with first-degree attempted rape, first-degree \ncriminal sex act with a helpless victim, and sexual misconduct after raping a female student at his \nfraternity residence in 2016. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 22 ---\n22 \n125. \nFurthermore, in November 2022, Cornell\u2019s campus police issued alerts that a \nfemale student was sexually assaulted and at least four other students were drugged at off-campus \nfraternity parties.1 \n126. \nDuring this period, a loose coalition of student activists began a movement known \nas the Ban Greek Life or Abolish Greek Life Movement which gained significant momentum in \n2020 and continues to present.  \n127. \nHowever, despite the Abolish Greek Life Movement and all the bad press that \nfraternities and sororities had been receiving in the media since the early 2000s, upon her arrival \nat Cornell, Plaintiff immediately encountered a glorified \u2013 yet materially false and misleading \u2013 \nfa\u00e7ade of Cornell University Greek life. \n128. \nALPHA BETA CHAPTER, a regional member of TRI-DELTA NATIONAL\u2019s \nnational sorority, established at Cornell University in 1913, operated and recruited new members \nand revenue through its Alpha Beta Chapter, which was housed in a stately, all-brick mansion \nsituated in a prominent location on campus.  \n129. \nThe University provided its facilities, staff and resources to schedule and organize \n\u201crush,\u201d which encouraged students to join these organizations after reviewing and relying upon \nthe promotional information it and the Greek organizations provided. \n130. \nPlaintiff followed the pathway, applied for, and accepted a bid to pledge TRI-\nDELTA NATIONAL\u2019s Alpha Beta Chapter. ALPHA BETA CHAPTER quickly became her first \nchoice after rush began. She was drawn to the sorority and its promises of sisterhood and lifelong \nfriendships, the status it conferred on its members, and the community it provided on campus when \nshe was over 1,000 miles away from home. By this date, TRI-DELTA NATIONAL\u2019s leadership \n \n1 https://www.nytimes.com/2022/11/07/nyregion/cornell-fraternities-sexual-assault.html  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 23 ---\n23 \nhad banned the presence and use of alcohol and drugs in its chapter houses, presumably based \nupon its knowledge that its mismanagement had resulted in numerous incidents of rapes and other \ninjuries. \nFACTS COMMON TO ALL CAUSES OF ACTION \n131. \nPlaintiff JANE DOE repeats and re-alleges the above allegations.  \n132. \nThat the occurrence complained of herein took place within CHI PHI \nNATIONAL\u2019s Xi Chapter\u2019s fraternity house, located upon CORNELL\u2019s campus, at the address \n107 Edgemoor Ln, Ithaca, New York 14850, where Plaintiff was drugged and raped by multiple \nmembers of CHI PHI NATIONAL\u2019s fraternal organization. At all relevant times, Plaintiff was \nattending CORNELL as a full-time undergraduate student and was residing on CORNELL\u2019s \ncampus within TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter sorority house, located at 118 \nTriphammer Rd, Ithaca, New York 14850. \n133. \nOn the evening of October 19, 2024, into the morning of October 20, 2024, Plaintiff \nDOE was the victim of one or more criminal sex acts at the hands of Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR (hereinafter \u201cStudent \nDefendants\u201d). \n134. \nPlaintiff DOE was in a very vulnerable situation when she was sexually assaulted \nby \nDefendants \nINGALLS, \nNEWELL, \nLEE, \nLOPES, \nSARABIA, \nNORRIS, \nand \nKRETZSCHMAR, of which the Student Defendants were fully aware. \n135. \nOn October 19, 2024, TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter was hosting \na social event at Moonies Bar & Nightclub located at 114 E State St, Ithaca, NY 14850. \n136. \nOn October 19, 2024, prior to the event at Moonies, Plaintiff consumed Tito\u2019s \nvodka within TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter\u2019s sorority house located at 118 \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 24 ---\n24 \nTriphammer Rd, Ithaca, New York 14850, until she was intoxicated. \n137. \nThereafter, around 8:30 PM, Plaintiff took an Uber from ALPHA BETA \nCHAPTER\u2019s sorority house on CORNELL\u2019s campus to Moonies Bar & Nightclub, accompanied \nby the Chapter\u2019s Sorority House Mother, \u201cJade\u201d. \n138. \nWhen Plaintiff arrived at Moonies, around 9 PM, the bouncer placed an \u201cX\u201d on \neach of her hands, to signify she was under 21 years old. \n139. \nDespite having underage marks on her hands, Plaintiff was served and consumed \nat least one alcoholic beverage at Moonies. \n140. \nWithin Moonies, TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter had designated \nsober monitors, tasked with ensuring the safety and well-being of attendees and monitoring their \nfellow sorority sisters for signs of excessive intoxication and/or disruptive behavior. \n141. \nAround 10 PM, Plaintiff and other sorority sisters left the event at Moonies and \nwalked to another bar nearby known as Lot 10 Bar and Lounge, located at 106 S Cayuga St, Ithaca, \nNY 14850. \n142. \nAt Lot 10, Plaintiff was given an \u201cunder 21\u201d wristband. \n143. \nAround 11 PM, Plaintiff decided to leave Lot 10 and stumbled alone to CHI PHI \nNATIONAL\u2019s Xi Chapter fraternity house on CORNELL\u2019s campus, located at 107 Edgemoor Ln, \nIthaca, New York 14850, to hang out with her friend, Defendant INGALLS. \n144. \nWhen Plaintiff arrived at XI CHAPTER\u2019s fraternity house, Plaintiff was visibly \nintoxicated as she had consumed about 10 standard drinks within the past 3 hours. \n145. \nPlaintiff was let into XI CHAPTER\u2019s fraternity house by three or four members of \nthe fraternity who had been standing by the front door. \n146. \nTherein, Plaintiff saw Defendant INGALLS, who greeted Plaintiff and gave her a \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 25 ---\n25 \nbeer. \n147. \nPlaintiff and Defendant INGALLS then danced together in the main room of the \nfraternity house. \n148. \nAfter dancing, Defendant INGALLS pulled Plaintiff off to a quieter area and \npropositioned her with having a threesome with her and another one of his fraternity brothers. \n149. \nIn her drunken state, Plaintiff was incapable of consenting to this proposition. \n150. \nDespite being incapable of consent, Defendant INGALLS then led Plaintiff to the \nupstairs of the fraternity house and left her with Alex Vega, another XI CHAPTER member. \n151. \nAfter speaking with Alex for some time, Defendant INGALLS returned and led \nPlaintiff to another room down the hall, where Defendant NEWELL was sitting on a couch. \n152. \nWhile on the couch, Defendant INGALLS and NEWELL began passing around a \nplastic bag containing a white, powdery substance claimed to be Ketamine, a dissociative \nanesthetic with hallucinogenic properties. \n153. \nDefendants INGALLS and NEWELL then pressured Plaintiff into snorting the \nalleged Ketamine with them, a drug she had never done before. \n154. \nDuring this time, Defendant INGALLS and NEWELL also plied Plaintiff with \nmarijuana and \u201cJamaican Liquor\u201d believed to be some type of high-proof rum. \n155. \nSoon after, Defendant INGALLS and NEWELL began engaging in sexual acts with \nPlaintiff, all without her consent. \n156. \nDuring the assault, Defendant INGALLS forced oral sex on Plaintiff while \nDefendant NEWELL forced vaginal intercourse on her from behind. \n157. \n Throughout the assault, Defendant NEWELL slapped Plaintiff on the buttocks \nmultiple times, resulting in bruising. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 26 ---\n26 \n158. \nAt one point, Defendant INGALLS could no longer maintain an erection, so he \nstopped participating and told the other two that he was going to take a nap and proceeded to get \nup, move to a bed, and sleep. \n159. \nDefendant NEWELL then began reaching for her vagina with his hand multiple \ntimes, and each time, Plaintiff pushed his hand away. \n160. \nSoon after, Defendant LOPES entered the room, grabbed Plaintiff away from \nDefendant NEWELL, and began kissing her, while Defendant NEWELL groped her from behind, \nspecifically reaching for her vagina. \n161. \nDefendant LOPES and NEWELL then placed Plaintiff on a bed and the two men \nbegan having sex with Plaintiff, initiating another assault, all without Plaintiff\u2019s consent. \n162. \nAt approximately 1:42 AM, Defendant NEWELL sent a message into the XI \nCHAPTER\u2019s member Snapchat group entitled \u201cChi Phi Actives\u201d, in which the active fraternity \nmembers are present, claiming there was \u201cfree pussy\u201d upstairs, referring to Plaintiff thereat. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 27 ---\nChi Phi Actives\n- ini\u00b7.3\nCIm1. imm CId Phi At tive.\nI 'I'I'JII1@IlHF1\nFree possy\nin alum pu\nT!\nis\nis crazy work\n1 -\n90 Went 7 rnin\nago and\nis not afk sooo\na\nC-HI P\n. .\numni Shit\nb\ncot\na bit.\nfirst\nPerso\nyou Canwa\nin and wh\n.\nP it out\nI .. -\n27 \n \n\u201cChi Phi Actives\u201d Snapchat Group (October 20, 2024, at 1:42 AM) \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 28 ---\n28 \n163. \nIn doing so, Defendant NEWELL organized and encouraged other XI CHAPTER \nmembers to join in on the gang rape of Plaintiff in the XI CHAPTER fraternity house. \n164. \nAt this point, multiple other members of XI CHAPTER entered the room and \nPlaintiff retreated under the covers of the bed, to hide her naked body from the fraternity men. \n165. \nSoon after, Defendant SARABIA approached Plaintiff, grabbed her face and started \nkissing her, all without her consent, and Plaintiff pushed him away. \n166. \nAt that point, Plaintiff\u2019s phone was on the other side of the room and she felt as if \nthere was no way for her to escape this room full of predatory, fraternity men. \n167. \nDefendant NEWELL then poured a line of Ketamine onto his erect penis and \ncommanded that Plaintiff snort it, which she did. \n168. \nDefendant NEWELL then got in the bed with Plaintiff and began groping her and \nreaching for her vagina, again. \n169. \nWhile Plaintiff was lying on her back on the bed, Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, then began pouring lines \nof Ketamine all over her body and snorting them. \n170. \nEventually, Defendants NEWELL, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR, decided to exit this room and Plaintiff was removed by Defendant\u2019s INGALLS \nand LEE to another, smaller room, believed to be the Fraternity President\u2019s Office. \n171. \nOnce inside, Defendants INGALLS and LEE made more lines of Ketamine and \ninstructed Plaintiff to snort one, which she did. \n172. \nBy this point, Plaintiff was completely incapacitated. \n173. \nThereafter, Defendant INGALLS and LEE initiated another assault of Plaintiff, \nforcing oral and vaginal sex upon her simultaneously. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 29 ---\n29 \n174. \nAt around 5:45 AM, this assault concluded and Plaintiff lost consciousness.  \n175. \nWhen Plaintiff awoke later that day, on October 20, 2024, Plaintiff returned to her \nresidence within the ALPHA BETA CHAPTER sorority house. \n176. \nAt this point, Plaintiff was in a state of shock. \n177. \nAt her residence, Plaintiff noticed a large bruise that had formed on her buttocks \nand took preemptive medication for a urinary tract infection (UTI). \n178. \nLater that day, Plaintiff became aware that what had happened to her at the XI \nCHAPTER house the previous night was becoming public knowledge on CORNELL\u2019s campus. \n179. \nWith the encouragement of her friends, on or about November 8, 2024, Plaintiff \nreported the incident to CORNELL\u2019s private police force known as Cornell University Police \nDepartment located at 117 Statler Drive G2 Barton Hall, Ithaca, NY 14853. \n180. \nOn or about November 8, 2024, XI CHAPTER was placed on a temporary \nsuspension for alleged violations of the Student Code of Conduct.  \n181. \nOn or about November 8, 2024, temporary suspensions were also issued for several \nstudents, including Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR, who were afforded the opportunity to mitigate their conduct by submitting \nessays to CORNELL. \n182. \nOn November 26, 2024, CORNELL released a University Statement entitled \n\u201cUpdate on disturbing allegations of sexual violence\u201d, providing an update on its ongoing \ninvestigation into the \u201cserious and deeply disturbing allegations of drug abuse and sexual violence \nat the Chi Phi fraternity house\u201d 2 as further described in this Complaint. \n183. \nOn or about January 14, 2025, CORNELL commenced a Title IX investigation in \n \n2 https://statements.cornell.edu/2024/20241126-update.cfm  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 30 ---\n30 \nresponse to Plaintiff\u2019s Formal Complaint, filed with CORNELL\u2019s Title IX Coordinator. \n184. \nFrom May 2, 2025, up and through May 29, 2025, CORNELL\u2019s Title IX Office \nconducted numerous (at least twelve) hearings regarding Plaintiff\u2019s allegations herein. \n185. \nOn November 4, 2025, CORNELL released a University Statement entitled \u201c2025 \nCornell Survey of Sexual Assault and Related Misconduct results\u201d noting an increased prevalence \nof sexual misconduct on its campus, among other troubling results.3 \n186. \nUpon information and belief, CORNELL\u2019s Title IX investigation is concluded. \n187. \nUpon information and belief, the matter is also still being investigated by the Ithaca \nPolice Department. \n188. \nAt all times relevant, not only did Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR violate applicable law, but also violated the terms \noutlined in the Cornell Student Code of Conduct (effective August 2, 2021). \n189. \nUpon information and belief, at all relevant times, Defendant CORNELL managed, \nmaintained, supervised, operated, and controlled the facilities, locations, and equipment that \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nused to sexually abuse Plaintiff.  \n190. \nAt all relevant times, Defendant CORNELL hired, managed, supervised, and \ncontrolled the officers, managers, supervisors, administrators, and staff that worked and/or \nvolunteered at its facilities and locations, where Plaintiff was sexually assaulted and raped by \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \n191. \nAt all relevant times Defendant CORNELL held itself out to the public as the owner \nof its facilities and locations, including the XI CHAPTER\u2019s fraternity house, where Plaintiff was \n \n3 https://statements.cornell.edu/2025/20251104-sarm-survey.cfm  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 31 ---\n31 \nsexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR. \n192. \nAt all relevant times, Defendant CORNELL held out its agents, servants, and \nemployees to the public as those who managed, maintained, supervised, operated, and controlled \nits facilities and locations, including the XI CHAPTER\u2019s fraternity house, where Plaintiff was \nsexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR. \n193. \nAt all relevant times, Plaintiff was in the care, custody, and control of Defendant \nCORNELL when she was sexually abused by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR, while she was using its facilities, locations, and \nequipment, and more specifically, while Plaintiff was within the XI CHAPTER\u2019s fraternity house \non CORNELL\u2019s campus. \n194. \nAt all relevant times, Defendant CORNELL failed to prevent and/or allowed the \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nto sexually assault and rape Plaintiff.  \n195. \nAt all relevant times, Defendant CORNELL failed to prevent and/or allowed \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nto sexually abuse Plaintiff using property that was owned, operated, and/or controlled by \nDefendant CORNELL including its facilities, locations, and equipment.  \n196. \nAt all relevant times, Defendant CORNELL knew or should have known that its \nnegligent conduct would inflict severe emotional and psychological distress, as well as personal \nphysical injury, on others, including Plaintiff, and she did in fact suffer severe emotional and \npsychological distress and personal physical injury because of its wrongful conduct.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 32 ---\n32 \n197. \nUpon information and belief, at all relevant times, Defendant CHI PHI NATIONAL \nmanaged, maintained, supervised, operated, and controlled the facilities, locations, and equipment \nthat \nDefendants \nINGALLS, \nNEWELL, \nLEE, \nLOPES, \nSARABIA, \nNORRIS, \nand \nKRETZSCHMAR used to sexually abuse Plaintiff.  \n198. \nAt all relevant times, Defendant CHI PHI NATIONAL hired, managed, supervised, \nand controlled the officers, managers, supervisors, administrators, and staff that worked and/or \nvolunteered at its facilities and locations, where Plaintiff was sexually assaulted and raped by \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n199. \nAt all relevant times Defendant CHI PHI NATIONAL held itself out to the public \nas the owner of its facilities and locations, including the XI CHAPTER\u2019s fraternity house, where \nPlaintiff was sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR. \n200. \nAt all relevant times, Defendant CHI PHI NATIONAL held out its agents, servants, \nand employees to the public as those who managed, maintained, supervised, operated, and \ncontrolled its facilities and locations, including the XI CHAPTER\u2019s fraternity house, where \nPlaintiff was sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR. \n201. \nAt all relevant times, Plaintiff was in the care, custody, and control of Defendant \nCHI PHI NATIONAL when she was sexually abused by Defendants INGALLS, NEWELL, LEE, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR, while she was using its facilities, locations, \nand equipment, and more specifically, while Plaintiff was within the XI CHAPTER\u2019s fraternity \nhouse on CORNELL\u2019s campus. \n202. \nAt all relevant times, Defendant CHI PHI NATIONAL failed to prevent and/or \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 33 ---\n33 \nallowed Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR to sexually assault and rape Plaintiff.  \n203. \nAt all relevant times, Defendant CHI PHI NATIONAL failed to prevent and/or \nallowed Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR to sexually abuse Plaintiff using property that was owned, operated, and/or \ncontrolled by Defendant CHI PHI NATIONAL including its facilities, locations, and equipment.  \n204. \nAt all relevant times, Defendant CHI PHI NATIONAL knew or should have known \nthat its negligent conduct would inflict severe emotional and psychological distress, as well as \npersonal physical injury, on others, including Plaintiff, and she did in fact suffer severe emotional \nand psychological distress and personal physical injury because of its wrongful conduct.  \n205. \nBy reason of the wrongful acts and omissions of Defendants CORNELL, CHI PHI \nNATIONAL, XI CHAPTER, ALPHA BETA CHAPTER, TRI-DELTA-NATIONAL, \nMOONIES, FACULTY, ALUMNI, EXEC, PETITO, and all Student Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR as detailed herein, \nPlaintiff DOE sustained injuries, including but not limited to, severe emotional and psychological \ndistress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to her nervous \nsystem, physical pain and mental anguish, and emotional and psychological damage.  \n206. \nUpon information and belief, some or all of these injuries are of a permanent and \nlasting nature, and Plaintiff has and/or will become obligated to expend sums of money for \ntreatment.  \nAS AND FOR A FIRST CAUSE OF ACTION: \nNEGLIGENCE \n \n207. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 34 ---\n34 \n208. \nAt all relevant times, Defendant CORNELL had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing its facilities, locations, and equipment.  \n209. \nAt all relevant times, Defendant CORNELL breached the foregoing duty by failing \nto exercise reasonable care to prevent Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing its facilities, locations, and equipment.  \n210. \nAt all relevant times, Defendant CORNELL breached the foregoing duty by failing \nto exercise reasonable care to prevent Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities \nto sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n211. \nAt all relevant times, Defendant CORNELL breached the foregoing duties by \nfailing to exercise reasonable care in supervising Student Defendants INGALLS, NEWELL, LEE, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, \nand instrumentalities, including failing to investigate complaints and concerns about their \nbehavior; failing to exercise reasonable care in training its agents and employees to supervise \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in its care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER\u2019s fraternity house located on its \ncampus; and, in failing to warn Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 35 ---\n35 \nSARABIA, NORRIS, and KRETZSCHMAR may pose a danger to Plaintiff in that they might \nsexually abuse her.  \n212. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCORNELL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n213. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCORNELL, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n214. \nAt all relevant times, Defendant XI CHAPTER had a duty to take reasonable steps \nto protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing its facilities, locations, and equipment.  \n215. \nAt all relevant times, Defendant XI CHAPTER breached the foregoing duty by \nfailing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing its facilities, locations, and equipment.  \n216. \nAt all relevant times, Defendant XI CHAPTER breached the foregoing duty by \nfailing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 36 ---\n36 \nSARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities \nto sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n217. \nAt all relevant times, Defendant XI CHAPTER breached the foregoing duties by \nfailing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n218. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nXI CHAPTER, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n219. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nXI CHAPTER, Plaintiff DOE sustained physical and psychological injuries, including but not \nlimited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 37 ---\n37 \n220. \nAt all relevant times, Defendant CHI PHI NATIONAL had a duty to take \nreasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing its facilities, locations, and equipment.  \n221. \nAt all relevant times, Defendant CHI PHI NATIONAL breached the foregoing duty \nby failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing its facilities, locations, and equipment.  \n222. \nAt all relevant times, Defendant CHI PHI NATIONAL breached the foregoing duty \nby failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities \nto sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n223. \nAt all relevant times, Defendant CHI PHI NATIONAL breached the foregoing \nduties by failing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, \nLEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, \npremises, and instrumentalities, including failing to investigate complaints and concerns about \ntheir behavior; failing to exercise reasonable care in training its agents and employees to supervise \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in its care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 38 ---\n38 \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n224. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCHI PHI NATIONAL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n225. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCHI PHI NATIONAL, Plaintiff DOE sustained physical and psychological injuries, including but \nnot limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n226. \nAt all relevant times, Defendant ALPHA BETA CHAPTER had a duty to take \nreasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing its facilities, locations, and equipment, including the ALPHA BETA \nCHAPTER\u2019s sorority house on CORNELL\u2019s campus and its social event held at Moonies Bar & \nNightclub.  \n227. \nAt all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing \nduty by failing to exercise reasonable care to prevent Plaintiff from binge drinking at its sorority \nhouse on CORNELL\u2019s campus, when Plaintiff was in its care, custody, and control, and was \nutilizing its facilities, locations, and equipment, including the ALPHA BETA CHAPTER sorority \nhouse on CORNELL\u2019s campus and its social event held at Moonies Bar & Nightclub. \n228. \nAt all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 39 ---\n39 \nduty by failing to exercise reasonable care to prevent underage members from binge drinking at \nits sorority house and its social events. \n229. \nAt all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing \nduties by failing to exercise reasonable care in supervising Plaintiff when she was using its tasks, \npremises, and instrumentalities, including failing to adequately train its designated sober monitors; \nfailing to  adequately train its designated House Mother; failing to investigate complaints and \nconcerns about member behavior; failing to exercise reasonable care in training its agents and \nemployees to supervise Plaintiff, including recognizing signs that she was intoxicated and drinking \nalcohol under the age of 21-years-old; failing to exercise reasonable care in supervising Plaintiff \nwhile she was in its care, custody, and control, including the ongoing activities at the ALPHA \nBETA CHAPTER sorority house located on its campus; and, in failing to warn Plaintiff that she \nmight be sexually abused by other Greek Life members.  \n230. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALPHA BETA CHAPTER, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n231. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALPHA BETA CHAPTER, Plaintiff DOE sustained physical and psychological injuries, \nincluding but not limited to, severe emotional and psychological distress, humiliation, fright, \ndissociation, anger, depression, anxiety, a severe shock to her nervous system, physical pain and \nmental anguish, and emotional and psychological damage, and, upon information and belief, some \nor all of these injuries are of a permanent and lasting nature, and Plaintiff has and/or will become \nobligated to expend sums of money for treatment.  \n232. \nAt all relevant times, Defendant TRI-DELTA NATIONAL had a duty to take \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 40 ---\n40 \nreasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing its facilities, locations, and equipment, including the ALPHA BETA \nCHAPTER\u2019s sorority house on CORNELL\u2019s campus and its social event held at Moonies Bar & \nNightclub.  \n233. \nAt all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing \nduty by failing to exercise reasonable care to prevent Plaintiff from binge drinking at its sorority \nhouse on CORNELL\u2019s campus, when Plaintiff was in its care, custody, and control, and was \nutilizing its facilities, locations, and equipment, including the ALPHA BETA CHAPTER sorority \nhouse on CORNELL\u2019s campus and its social event held at Moonies Bar & Nightclub. \n234. \nAt all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing \nduty by failing to exercise reasonable care to prevent underage members from binge drinking at \nits sorority house and its social events. \n235. \nAt all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing \nduties by failing to exercise reasonable care in supervising Plaintiff when she was using its tasks, \npremises, and instrumentalities, including failing to adequately train its designated sober monitors; \nfailing to  adequately train its designated House Mother; failing to investigate complaints and \nconcerns about member behavior; failing to exercise reasonable care in training its agents and \nemployees to supervise Plaintiff, including recognizing signs that she was intoxicated and drinking \nalcohol under the age of 21-years-old; failing to exercise reasonable care in supervising Plaintiff \nwhile she was in its care, custody, and control, including the ongoing activities at the ALPHA \nBETA CHAPTER sorority house located on its campus; and, in failing to warn Plaintiff that she \nmight be sexually abused by other Greek Life members.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 41 ---\n41 \n236. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nTRI-DELTA NATIONAL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n237. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nTRI-DELTA NATIONAL, Plaintiff DOE sustained physical and psychological injuries, including \nbut not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, \nanger, depression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, \nand emotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n238. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n239. \nAt all relevant times, Defendant MOONIES had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a guest and/or invitee upon its premises known as Moonies Bar & \nNightclub, and was utilizing its facilities, locations, and equipment.  \n240. \nAt all relevant times, Defendant MOONIES breached the foregoing duty by failing \nto exercise reasonable care in its care, custody, and control of Moonies Bar & Nightclub as well \nas those utilizing its facilities, locations, and equipment, including Plaintiff threat. \n241. \nAt all relevant times, Defendant MOONIES breached the foregoing duties by \nfailing to exercise reasonable care in supervising Plaintiff when she was using its tasks, premises, \nand instrumentalities, including failing to monitor its bartenders and/or servers; failing to \ninvestigate concerns about overpouring; failing to investigate concerns about serving minors; \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 42 ---\n42 \nfailing to exercise reasonable care in training its agents and employees to supervise Plaintiff, \nincluding recognizing signs that Plaintiff was underaged and that she was intoxicated; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at Moonies Bar & Nightclub; and, in failing to warn Plaintiff about \nthe dangers of being at Moonies Bar & Nightclub.  \n242. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nMOONIES, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to sexually abuse Plaintiff.  \n243. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nMOONIES, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n244. \nAt all relevant times, Defendant FACULTY had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n245. \nAt all relevant times, Defendant FACULTY breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 43 ---\n43 \nDefendant CORNELL and was utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n246. \nAt all relevant times, Defendant FACULTY breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n247. \nAt all relevant times, Defendant FACULTY breached the foregoing duties by \nfailing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER\u2019s fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n248. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nFACULTY, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n249. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nFACULTY, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 44 ---\n44 \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n250. \nAt all relevant times, Defendant ALUMNI had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n251. \nAt all relevant times, Defendant ALUMNI breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n252. \nAt all relevant times, Defendant ALUMNI breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n253. \nAt all relevant times, Defendant ALUMNI breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 45 ---\n45 \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER\u2019s fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n254. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALUMNI, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n255. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALUMNI, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n256. \nAt all relevant times, Defendant EXEC had a duty to take reasonable steps to protect \nPlaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, including \nwhen Plaintiff was a full-time undergraduate student of Defendant CORNELL and was utilizing \nXI CHAPTER\u2019s facilities, locations, and equipment.  \n257. \nAt all relevant times, Defendant EXEC breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 46 ---\n46 \n258. \nAt all relevant times, Defendant EXEC breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n259. \nAt all relevant times, Defendant EXEC breached the foregoing duties by failing to \nexercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER\u2019s fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n260. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nEXEC, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n261. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nEXEC, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 47 ---\n47 \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n262. \nAt all relevant times, Defendant PETITO had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing its facilities, locations, and equipment.  \n263. \nAt all relevant times, Defendant PETITO breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n264. \nAt all relevant times, Defendant PETITO breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities to sexually \nabuse Plaintiff, including its facilities, locations, and equipment.  \n265. \nAt all relevant times, Defendant PETITO breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 48 ---\n48 \nincluding the ongoing activities at the XI CHAPTER fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n266. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nPETITO, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n267. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nPETITO, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n268. \nAt all relevant times, Defendant INGALLS had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n269. \nAt all relevant times, Defendant INGALLS breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n270. \nAt all relevant times, Defendant INGALLS breached the foregoing duty by failing \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 49 ---\n49 \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n271. \nAt all relevant times, Defendant INGALLS breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n272. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nINGALLS, Defendants NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n273. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nINGALLS, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n274. \nAt all relevant times, Defendant NEWELL had a duty to take reasonable steps to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 50 ---\n50 \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n275. \nAt all relevant times, Defendant NEWELL breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants INGALLS, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n276. \nAt all relevant times, Defendant NEWELL breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants INGALLS, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n277. \nAt all relevant times, Defendant NEWELL breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants INGALLS, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants INGALLS, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n278. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNEWELL, Defendants INGALLS, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 51 ---\n51 \nwere able to use their positions to sexually abuse Plaintiff.  \n279. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNEWELL, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n280. \nAt all relevant times, Defendant LEE had a duty to take reasonable steps to protect \nPlaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n281. \nAt all relevant times, Defendant LEE breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when \nPlaintiff was in its care, custody, and control, including when Plaintiff was a full-time \nundergraduate student of Defendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, \nlocations, and equipment.  \n282. \nAt all relevant times, Defendant LEE breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, \npremises, and instrumentalities to sexually abuse Plaintiff, including its facilities, locations, and \nequipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 52 ---\n52 \n283. \nAt all relevant times, Defendant LEE breached the foregoing duties by failing to \nexercise reasonable care in supervising Defendants NEWELL, INGALLS, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n284. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLEE, Defendants NEWELL, INGALLS, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n285. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLEE, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n286. \nAt all relevant times, Defendant LOPES had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 53 ---\n53 \n287. \nAt all relevant times, Defendant LEE breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n288. \nAt all relevant times, Defendant LOPES breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n289. \nAt all relevant times, Defendant LOPES breached the foregoing duties by failing to \nexercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n290. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLOPES, Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n291. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLOPES, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 54 ---\n54 \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n292. \nAt all relevant times, Defendant SARABIA had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n293. \nAt all relevant times, Defendant SARABIA breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nLOPES, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in \nits care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n294. \nAt all relevant times, Defendant SARABIA breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nLOPES, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n295. \nAt all relevant times, Defendant SARABIA breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, LOPES, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 55 ---\n55 \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, LOPES, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n296. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nSARABIA, Defendants NEWELL, INGALLS, LEE, LOPES, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n297. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLOPES, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n298. \nAt all relevant times, Defendant NORRIS had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n299. \nAt all relevant times, Defendant NORRIS breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, LOPES, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in \nits care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 56 ---\n56 \n300. \nAt all relevant times, Defendant NORRIS breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, LOPES, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n301. \nAt all relevant times, Defendant NORRIS breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, SARABIA, \nLOPES, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, SARABIA, LOPES, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n302. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNORRIS, Defendants NEWELL, INGALLS, LEE, SARABIA, LOPES, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n303. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNORRIS, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 57 ---\n57 \n304. \nAt all relevant times, Defendant KRETZSCHMAR had a duty to take reasonable \nsteps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and \ncontrol, including when Plaintiff was a full-time undergraduate student at Cornell University and \nwas utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n305. \nAt all relevant times, Defendant KRETZSCHMAR breached the foregoing duty by \nfailing to exercise reasonable care to prevent himself, along with Defendants NEWELL, \nINGALLS, LEE, SARABIA, NORRIS, and LOPES from sexually abusing Plaintiff when Plaintiff \nwas in its care, custody, and control, including when Plaintiff was a full-time undergraduate \nstudent of Defendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and \nequipment.  \n306. \nAt all relevant times, Defendant KRETZSCHMAR breached the foregoing duty by \nfailing to exercise reasonable care to prevent himself, along with Defendants NEWELL, \nINGALLS, LEE, SARABIA, NORRIS, and LOPES from using XI CHAPTER\u2019s tasks, premises, \nand instrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n307. \nAt all relevant times, Defendant KRETZSCHMAR breached the foregoing duties \nby failing to exercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, \nSARABIA, NORRIS, and LOPES when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and LOPES \nmay pose a danger to Plaintiff in that they might sexually abuse her.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 58 ---\n58 \n308. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nKRETZSCHMAR, Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and LOPES \nwere able to use their positions to sexually abuse Plaintiff.  \n309. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nKRETZSCHMAR, Plaintiff DOE sustained physical and psychological injuries, including but not \nlimited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n310. \nThe amount of damages sought exceeds the jurisdictional limits of all lower courts \nwhich would otherwise have jurisdiction.   \nAS AND FOR A SECOND CAUSE OF ACTION: \nNEGLIGENT RETENTION, SUPERVISION, AND/OR DIRECTION  \n \n311. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n312. \nThe abuse of Plaintiff JANE DOE occurred on the night of October 19, 2024, into \nthe morning of October 20, 2024, while Plaintiff was a full-time undergraduate student under the \ncare of Defendant CORNELL.  \n313. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded an undergraduate University campus, located at 616 Thurston Ave, \nIthaca, NY 14853. \n314. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the Greek Houses thereat. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 59 ---\n59 \n315. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the ALPHA BETA CHAPTER \nsorority house, located at 118 Triphammer Rd, Ithaca, New York 14850. \n316. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the XI CHAPTER fraternity house, \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n317. \nThat at all relevant times, Defendant CORNELL was and is a private institution of \nhigher education with its principal address at 373 Pine Tree Road, Ithaca, New York 14850. \n318. \nThat at all relevant times, CORNELL maintained, operated and controlled the \nprivate ivy-league university known as Cornell University, with a mailing address of 616 Thurston \nAvenue, Ithaca, New York 14853. \n319. \nAt all times relevant, Defendant CORNELL was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid college campus, sorority house, and fraternity house \nin a safe, lawful, and proper fashion.  \n320. \nAt all times relevant, Defendant CORNELL had a duty to safeguard and supervise \nstudents utilizing the aforesaid college campus, sorority house, and fraternity house, including \nPlaintiff.  \n321. \nAt all times relevant, Defendant CORNELL hired and employed certain individuals \nto carry out its business operations, including police officers, faculty members, sponsors, \nadministrators, and supervisors. \n322. \nAt all times relevant, Defendant CORNELL, its agents, servants and/or employees \nbreached their duty to maintain the aforesaid college campus, sorority house, and fraternity house, \nhigh in a reasonably safe condition and manner.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 60 ---\n60 \n323. \nAt all times relevant, Defendant CORNELL, its agents, servants and/or employees \nbreached their duty to supervise its students, including Plaintiff DOE and Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, in a reasonably safe \nmanner.  \n324. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty of care because \nit had a special relationship with Plaintiff.  \n325. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty to protect her \nfrom harm because Defendant CORNELL had a special relationship with Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n326. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty to protect her \nfrom harm because Defendant CORNELL had a contractual relationship with Plaintiff. \n327. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty to protect her \nfrom harm because Defendant CORNELL had a contractual relationship with Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n328. \nBy accepting Plaintiff as a full-time undergraduate student at the college campus, \nsorority house, and fraternity house, and holding their facilities out to be a safe environment for \nPlaintiff, and by establishing a fiduciary relationship with Plaintiff at all times relevant, Defendant \nCORNELL entered into an express and/or implied duty to properly supervise Plaintiff and provide \na reasonably safe environment for students attending their University. Defendant CORNELL owed \nPlaintiff a duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n329. \nAt all times relevant, Defendant CORNELL breached its duties to the Plaintiff, as \nthese harms were reasonably foreseeable and Defendant CORNELL failed to protect her. \n330. \nDefendant CORNELL\u2019s breach of their duties include, but are not limited to: failure \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 61 ---\n61 \nto protect Plaintiff from a known danger; failure to have sufficient policies and procedures in place \nto prevent sex abuse and assault being committed by any of their students; failure to properly \nimplement policies and procedures to prevent sex abuse and assault; failure to take reasonable \nmeasures to ensure that policies and procedures to prevent sex abuse and assault were working; \nfailure to investigate risks of sexual assault; failure to properly train the employees at their \nfacilities; failed to have any outside agency test their safety procedures; and failure to train its \nemployees properly to identify signs of sexual abuse and sexual assault. \n331. \nAt all times relevant, Defendant CORNELL failed to use ordinary care in \ndetermining whether the aforesaid college campus, sorority house, and fraternity house, were safe \nfor Plaintiff. \n332. \nThat prior to the subject incident, Defendant CORNELL knew or should have \nknown that XI CHAPTER had a history of drug-use culture, specifically ketamine.  \n333. \nUpon information and belief, one week prior to the subject assault, police \nresponded to a drug-related incident at the XI CHAPTER house. \n334. \nDefendant CORNELL, by and through its agents, servants and/or employees, \nbecame aware, or through the exercise of reasonable care, supervision, and investigation, should \nhave become aware of Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR\u2019 propensity to commit sexual assault and of the risk they posed to \nPlaintiff\u2019s safety.  \n335. \nAt the very least, Defendant CORNELL knew, or should have known, that they did \nnot have sufficient information about whether the college campus, sorority house, and fraternity \nhouse, were safe and if Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 62 ---\n62 \nand KRETZSCHMAR posed a danger to fellow students, including Plaintiff, at Defendant \nCORNELL\u2019s University. \n336. \nDefendant CORNELL breached their duty to Plaintiff by failing to warn her of the \nrisks that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR posed and the risks of sexual assault occurring on the aforesaid college campus, \nsorority house, and fraternity house, during the relevant time period.  \n337. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant CORNELL. \n338. \nDefendant CORNELL, its employees, managers, administrators, and staff were on \nactual and/or constructive notice that Plaintiff was being sexually abused by other students at \nDefendant CORNELL\u2019s University.  \n339. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n340. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant CORNELL, their agents, servants and/or employees, in \nthe ownership, operation, management, supervision, maintenance and control of the aforesaid \ncollege campus, sorority house, and fraternity house, and its students and employees therein.  \n341. \nDefendant CORNELL\u2019s actions were intentional, done with malice, cruelty and/or \na deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done in \nconscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s physical \nand emotional wellbeing. Defendant CORNELL\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 63 ---\n63 \nfor the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant CORNELL. \n342. \nAt all times relevant, Defendant XI CHAPTER operated, controlled, managed, \nsupervised and/or funded the Xi Chapter of Chi Phi Fraternity at Cornell University, with its \nfraternity house located at 107 Edgemoor Ln, Ithaca, New York 14850. \n343. \nThat at all relevant times, XI CHAPTER was and is a domestic not-for-profit \ncorporation which owned and operated the Xi Chapter of Chi Phi at Cornell University\u2019s house \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n344. \nAt all times relevant, Defendant XI CHAPTER was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid fraternity house in a safe, lawful, and proper \nfashion.  \n345. \nAt all times relevant, Defendant XI CHAPTER had a duty to safeguard and \nsupervise students utilizing the aforesaid fraternity house, including Plaintiff and Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR.  \n346. \nAt all times relevant, Defendant XI CHAPTER hired and employed certain \nindividuals to carry out its business operations, including security guards, alumni, sponsors, \nadministrators, sober monitors, and supervisors. \n347. \nAt all times relevant, Defendant XI CHAPTER, its agents, servants and/or \nemployees breached their duty to maintain the aforesaid fraternity house, high in a reasonably safe \ncondition and manner.  \n348. \nAt all times relevant, Defendant XI CHAPTER, its agents, servants and/or \nemployees breached their duty to supervise students utilizing the fraternity house, including \nPlaintiff and Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 64 ---\n64 \nKRETZSCHMAR, in a reasonably safe manner.  \n349. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty of care \nbecause it had a special relationship with Plaintiff.  \n350. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty to protect her \nfrom harm because Defendant XI CHAPTER had a special relationship with Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n351. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty to protect her \nfrom harm because Defendant XI CHAPTER had a contractual relationship with Defendant \nCORNELL. \n352. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty to protect her \nfrom harm because Defendant XI CHAPTER had a contractual relationship with Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n353. \nBy accepting Plaintiff at the XI CHAPTER fraternity house, and holding their \nfacilities out to be a safe environment for Plaintiff, and by establishing a fiduciary relationship \nwith Plaintiff at all times relevant, Defendant XI CHAPTER entered into an express and/or implied \nduty to properly supervise Plaintiff and provide a reasonably safe environment for students \nutilizing its fraternity house. Defendant XI CHAPTER owed Plaintiff a duty to properly supervise \nPlaintiff and protect her from foreseeable dangers. \n354. \nAt all times relevant, Defendant XI CHAPTER breached its duties to the Plaintiff, \nas these harms were reasonably foreseeable and Defendant XI CHAPTER failed to protect her. \n355. \nDefendant XI CHAPTER\u2019s breach of their duties include, but are not limited to: \nfailure to protect Plaintiff from a known danger; failure to have sufficient policies and procedures \nin place to prevent sex abuse and assault being committed by any of their students; failure to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 65 ---\n65 \nproperly implement policies and procedures to prevent sex abuse and assault; failure to take \nreasonable measures to ensure that policies and procedures to prevent sex abuse and assault were \nworking; failure to investigate risks of sexual assault; failure to properly train the employees at \ntheir facilities; failed to have any outside agency test their safety procedures; and failure to train \nits employees properly to identify signs of sexual abuse and sexual assault. \n356. \nAt all times relevant, Defendant XI CHAPTER failed to use ordinary care in \ndetermining whether the aforesaid fraternity house was safe for Plaintiff. \n357. \nThat prior to the subject incident, Defendant XI CHPTER knew or should have \nknown that XI CHAPTER had a history of drug-use culture, specifically ketamine.  \n358. \nUpon information and belief, one week prior to the subject assault, police \nresponded to a drug-related incident at the XI CHAPTER house. \n359. \nDefendant XI CHAPTER, by and through its agents, servants and/or employees, \nbecame aware, or through the exercise of reasonable care, supervision, and investigation, should \nhave become aware of Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR\u2019 propensity to commit sexual assault and of the risk they posed to \nPlaintiff\u2019s safety.  \n360. \nAt the very least, Defendant XI CHAPTER knew, or should have known, that they \ndid not have sufficient information about whether the fraternity house was safe and if Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR posed a \ndanger to fellow students, including Plaintiff. \n361. \nDefendant XI CHAPTER breached their duty to Plaintiff by failing to warn her of \nthe risks that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 66 ---\n66 \nKRETZSCHMAR posed and the risks of sexual assault occurring at the aforesaid fraternity house, \nduring the relevant time period.  \n362. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant XI CHAPTER. \n363. \nDefendant XI CHAPTER, its employees, managers, administrators, and staff were \non actual and/or constructive notice that Plaintiff was being sexually abused by Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, members of \ntheir fraternal organization, and within their fraternity house. \n364. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n365. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant XI CHAPTER, their agents, servants and/or employees, \nin the ownership, operation, management, supervision, maintenance and control of the aforesaid \ncollege campus, sorority house, and fraternity house, and its students and employees therein.  \n366. \nDefendant XI CHAPTER\u2019s actions were intentional, done with malice, cruelty \nand/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done \nin conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. Defendant XI CHAPTER\u2019s conduct was so outrageous, \nshocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as \nmeasured by what the average member of the community would tolerate and demonstrates an utter \ndisregard for the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant XI CHAPTER. \n367. \nAt all times relevant, Defendant CHI PHI NATIONAL operated, controlled, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 67 ---\n67 \nmanaged, supervised and/or funded the Xi Chapter of Chi Phi Fraternity at Cornell University, \nwith its fraternity house located at 107 Edgemoor Ln, Ithaca, New York 14850. \n368. \nThat at all relevant times, CHI PHI NATIONAL was and is a domestic not-for-\nprofit corporation which owned and operated the Xi Chapter of Chi Phi at Cornell University\u2019s \nhouse located at 107 Edgemoor Ln, Ithaca, New York 14850. \n369. \nAt all times relevant, Defendant CHI PHI NATIONAL was under a duty to operate, \ncontrol, manage, supervise, and maintain the aforesaid fraternity house in a safe, lawful, and proper \nfashion.  \n370. \nAt all times relevant, Defendant CHI PHI NATIONAL had a duty to safeguard and \nsupervise students utilizing the aforesaid fraternity house, including Plaintiff and Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR.  \n371. \nAt all times relevant, Defendant CHI PHI NATIONAL hired and employed certain \nindividuals to carry out its business operations, including security guards, alumni, sponsors, \nadministrators, and supervisors. \n372. \nAt all times relevant, Defendant CHI PHI NATIONAL, its agents, servants and/or \nemployees breached their duty to maintain the aforesaid fraternity house, high in a reasonably safe \ncondition and manner.  \n373. \nAt all times relevant, Defendant CHI PHI NATIONAL, its agents, servants and/or \nemployees breached their duty to supervise students utilizing the fraternity house, including \nPlaintiff and Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR, in a reasonably safe manner.  \n374. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty of \ncare because it had a special relationship with Plaintiff.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 68 ---\n68 \n375. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty to \nprotect her from harm because Defendant CHI PHI NATIONAL had a special relationship with \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n376. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty to \nprotect her from harm because Defendant CHI PHI NATIONAL had a contractual relationship \nwith Defendant CORNELL. \n377. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty to \nprotect her from harm because Defendant CHI PHI NATIONAL had a contractual relationship \nwith Defendants \nINGALLS, \nNEWELL, \nLEE, \nLOPES, \nSARABIA, \nNORRIS, and \nKRETZSCHMAR. \n378. \nBy accepting Plaintiff at the CHI PHI NATIONAL fraternity house, and holding \ntheir facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary relationship \nwith Plaintiff at all times relevant, Defendant CHI PHI NATIONAL entered into an express and/or \nimplied duty to properly supervise Plaintiff and provide a reasonably safe environment for students \nutilizing its fraternity house. Defendant CHI PHI NATIONAL owed Plaintiff a duty to properly \nsupervise Plaintiff and protect her from foreseeable dangers. \n379. \nAt all times relevant, Defendant CHI PHI NATIONAL breached its duties to the \nPlaintiff, as these harms were reasonably foreseeable and Defendant CHI PHI NATIONAL failed \nto protect her. \n380. \nDefendant CHI PHI NATIONAL\u2019s breach of their duties include, but are not \nlimited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and \nprocedures in place to prevent sex abuse and assault being committed by any of their students; \nfailure to properly implement policies and procedures to prevent sex abuse and assault; failure to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 69 ---\n69 \ntake reasonable measures to ensure that policies and procedures to prevent sex abuse and assault \nwere working; failure to investigate risks of sexual assault; failure to properly train the employees \nat their facilities; failed to have any outside agency test their safety procedures; and failure to train \nits employees properly to identify signs of sexual abuse and sexual assault. \n381. \nAt all times relevant, Defendant CHI PHI NATIONAL failed to use ordinary care \nin determining whether the aforesaid fraternity house was safe for Plaintiff. \n382. \nThat prior to the subject incident, Defendant CHI PHI NATIONAL knew or should \nhave known that XI CHAPTER had a history of drug-use culture, specifically ketamine.  \n383. \nUpon information and belief, one week prior to the subject assault, police \nresponded to a drug-related incident at the XI CHAPTER house. \n384. \nDefendant CHI PHI NATIONAL, by and through its agents, servants and/or \nemployees, became aware, or through the exercise of reasonable care, supervision, and \ninvestigation, should have become aware of Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR\u2019s propensity to commit sexual assault and of the risk \nthey posed to Plaintiff\u2019s safety.  \n385. \nAt the very least, Defendant CHI PHI NATIONAL knew, or should have known, \nthat they did not have sufficient information about whether the fraternity house was safe and if \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nposed a danger to fellow students, including Plaintiff. \n386. \nDefendant CHI PHI NATIONAL breached their duty to Plaintiff by failing to warn \nher of the risks that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR posed and the risks of sexual assault occurring at the aforesaid fraternity house, \nduring the relevant time period.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 70 ---\n70 \n387. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant CHI PHI NATIONAL. \n388. \nDefendant CHI PHI NATIONAL, its employees, managers, administrators, and \nstaff were on actual and/or constructive notice that Plaintiff was being sexually abused by \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nmembers of their fraternal organization, and within their fraternity house. \n389. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n390. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant CHI PHI NATIONAL, their agents, servants and/or \nemployees, in the ownership, operation, management, supervision, maintenance and control of the \naforesaid college campus, sorority house, and fraternity house, and its students and employees \ntherein.  \n391. \nDefendant CHI PHI NATIONAL\u2019s actions were intentional, done with malice, \ncruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were \ndone in conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. Defendant CHI PHI NATIONAL\u2019s conduct was so outrageous, \nshocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as \nmeasured by what the average member of the community would tolerate and demonstrates an utter \ndisregard for the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant CHI PHI NATIONAL. \n392. \nAt all times relevant, Defendant ALPHA BETA CHAPTER operated, controlled, \nmanaged, supervised and/or funded the Alpha Beta Chapter of Delta Delta Delta Sorority at \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 71 ---\n71 \nCornell University, with a sorority house located at 118 Triphammer Rd, Ithaca, New York 14850. \n393. \nThat at all relevant times, ALPHA BETA CHAPTER was and is a domestic not-\nfor-profit corporation which owned and operated the Alpha Beta Chapter of Tri Delta at Cornell \nUniversity\u2019s house located at 118 Triphammer Road, Ithaca, New York 14580. \n394. \nThat at all relevant times, ALPHA BETA CHAPTER maintained and controlled \nthe regional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n395. \nAt all times relevant, Defendant ALPHA BETA CHAPTER was under a duty to \noperate, control, manage, supervise, and maintain the aforesaid sorority house in a safe, lawful, \nand proper fashion.  \n396. \nAt all times relevant, Defendant ALPHA BETA CHAPTER had a duty to safeguard \nand supervise students utilizing the aforesaid sorority house, including Plaintiff.  \n397. \nAt all times relevant, Plaintiff resided within the aforesaid sorority house, of which \nALPHA BETA CHAPTER was fully aware. \n398. \nAt all times relevant, Defendant ALPHA BETA CHAPTER hired and employed \ncertain individuals to carry out its business operations, including security guards, house mothers, \nfaculty sponsors, alumni, administrators, and supervisors. \n399. \nAt all times relevant, Defendant ALPHA BETA CHAPTER, its agents, servants \nand/or employees breached their duty to maintain the aforesaid sorority house, high in a reasonably \nsafe condition and manner.  \n400. \nAt all times relevant, Defendant ALPHA BETA CHAPTER, its agents, servants \nand/or employees breached their duty to supervise its members, including Plaintiff, in a reasonably \nsafe manner.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 72 ---\n72 \n401. \nAt all times relevant, Defendant ALPHA BETA CHAPTER owed Plaintiff a duty \nof care because it had a special relationship with Plaintiff.  \n402. \nAt all times relevant, Defendant ALPHA BETA CHAPTER owed Plaintiff a duty \nto protect her from harm because Defendant ALPHA BETA CHAPTER had a contractual \nrelationship with Plaintiff. \n403. \nAt all times relevant, Defendant ALPHA BETA CHAPTER owed Plaintiff a duty \nto protect her from harm because Defendant ALPHA BETA CHAPTER had a contractual \nrelationship with CORNELL. \n404. \nBy accepting Plaintiff as a member of its sorority and a resident of its sorority, and \nby holding its facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary \nrelationship with Plaintiff at all times relevant, Defendant ALPHA BETA CHAPTER entered into \nan express and/or implied duty to properly supervise Plaintiff and provide a reasonably safe \nenvironment for its members and residents. Defendant ALPHA BETA CHAPTER owed Plaintiff \na duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n405. \nAt all times relevant, Defendant ALPHA BETA CHAPTER breached its duties to \nthe Plaintiff, as these harms were reasonably foreseeable and Defendant ALPHA BETA \nCHAPTER failed to protect her. \n406. \nDefendant ALPHA BETA CHAPTER\u2019s breach of their duties include, but are not \nlimited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and \nprocedures in place to prevent sex abuse; failure to have sufficient policies and procedures in place \nto prevent underage drinking; failure to properly implement policies and procedures to prevent sex \nabuse; failure to properly implement policies and procedures to prevent underage drinking; failure \nto take reasonable measures to ensure that policies and procedures to prevent sex abuse were \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 73 ---\n73 \nworking; failure to take reasonable measures to ensure that policies and procedures to prevent \nunderage drinking were working; failure to properly train the employees at their facilities, \nincluding their house mothers; failure to properly train their members, including sober monitors; \nfailure to have any outside agency test their safety procedures; failure to train its employees \nproperly to identify signs of binge drinking. \n407. \nAt all times relevant, Defendant ALPHA BETA CHAPTER failed to use ordinary \ncare in determining whether the aforesaid sorority house was safe for Plaintiff. \n408. \nThat Defendant ALPHA BETA CHAPTER knew or should have known that their \nhouse mother, Jade, was not adequately trained to maintain their sorority house in a safe condition. \n409. \nThat Defendant ALPHA BETA CHAPTER knew or should have known that their \nhouse mother, Jade, was not maintaining their sorority house in a safe condition. \n410. \nDefendant ALPHA BETA CHAPTER, by and through its agents, servants and/or \nemployees, became aware, or through the exercise of reasonable care, supervision, and \ninvestigation, should have become aware of the risk underage, binge drinking posed to Plaintiff\u2019s \nsafety.  \n411. \nAt the very least, Defendant ALPHA BETA CHAPTER knew, or should have \nknown, that they did not have sufficient information about whether the sorority house, were safe \nand if there existed a risk of underage, binge drinking within its house and its social events. \n412. \nDefendant ALPHA BETA CHAPTER breached their duty to Plaintiff by failing to \nwarn her of the risks of underage, binge drinking and the risks of sexual assault occurring on within \nGreek Houses on campus, during the relevant time period.  \n413. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant ALPHA BETA CHAPTER. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 74 ---\n74 \n414. \nDefendant ALPHA BETA CHAPTER, its employees, managers, administrators, \nand staff were on actual and/or constructive notice that Plaintiff was underage and was binge \ndrinking at its house and social events.  \n415. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n416. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant ALPHA BETA CHAPTER, their agents, servants and/or \nemployees, in the ownership, operation, management, supervision, maintenance and control of the \naforesaid sorority house, and its members and employees therein.  \n417. \nDefendant ALPHA BETA CHAPTER\u2019s actions were intentional, done with \nmalice, cruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights \nand were done in conscious disregard of the probability that the conduct would result in harm to \nPlaintiff\u2019s physical and emotional wellbeing. Defendant ALPHA BETA CHAPTER\u2019s conduct was \nso outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of \ndecency as measured by what the average member of the community would tolerate and \ndemonstrates an utter disregard for the consequences that would follow. As a result, Plaintiff is \nentitled to recover both compensatory and punitive damages from Defendant ALPHA BETA \nCHAPTER. \n418. \nAt all times relevant, Defendant TRI-DELTA NATIONAL operated, controlled, \nmanaged, supervised and/or funded the Alpha Beta Chapter of Delta Delta Delta at Cornell \nUniversity, with a sorority house located at 118 Triphammer Rd, Ithaca, New York 14850. \n419. \nThat at all relevant times, TRI-DELTA NATIONAL was and is a domestic not-for-\nprofit corporation which owned and operated the Alpha Beta Chapter of Tri Delta at Cornell \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 75 ---\n75 \nUniversity\u2019s house located at 118 Triphammer Road, Ithaca, New York 14580. \n420. \nThat at all relevant times, TRI-DELTA NATIONAL maintained and controlled the \nregional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n421. \nAt all times relevant, Defendant TRI-DELTA NATIONAL was under a duty to \noperate, control, manage, supervise, and maintain the aforesaid sorority house in a safe, lawful, \nand proper fashion.  \n422. \nAt all times relevant, Defendant TRI-DELTA NATIONAL had a duty to safeguard \nand supervise students utilizing the aforesaid sorority house, including Plaintiff.  \n423. \nAt all times relevant, Plaintiff resided within the aforesaid sorority house, of which \nTRI-DELTA NATIONAL was fully aware. \n424. \nAt all times relevant, Defendant TRI-DELTA NATIONAL hired and employed \ncertain individuals to carry out its business operations, including security guards, house mothers, \nfaculty sponsors, alumni, administrators, and supervisors. \n425. \nAt all times relevant, Defendant TRI-DELTA NATIONAL, its agents, servants \nand/or employees breached their duty to maintain the aforesaid sorority house, high in a reasonably \nsafe condition and manner.  \n426. \nAt all times relevant, Defendant TRI-DELTA NATIONAL, its agents, servants \nand/or employees breached their duty to supervise its members, including Plaintiff, in a reasonably \nsafe manner.  \n427. \nAt all times relevant, Defendant TRI-DELTA NATIONAL owed Plaintiff a duty \nof care because it had a special relationship with Plaintiff.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 76 ---\n76 \n428. \nAt all times relevant, Defendant TRI-DELTA NATIONAL owed Plaintiff a duty \nto protect her from harm because Defendant TRI-DELTA NATIONAL had a contractual \nrelationship with Plaintiff. \n429. \nAt all times relevant, Defendant TRI-DELTA NATIONAL owed Plaintiff a duty \nto protect her from harm because Defendant TRI-DELTA NATIONAL had a contractual \nrelationship with CORNELL. \n430. \nBy accepting Plaintiff as a member of its sorority and a resident of its sorority, and \nby holding its facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary \nrelationship with Plaintiff at all times relevant, Defendant TRI-DELTA NATIONAL entered into \nan express and/or implied duty to properly supervise Plaintiff and provide a reasonably safe \nenvironment for its members and residents. Defendant TRI-DELTA NATIONAL owed Plaintiff \na duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n431. \nAt all times relevant, Defendant TRI-DELTA NATIONAL breached its duties to \nthe Plaintiff, as these harms were reasonably foreseeable and Defendant TRI-DELTA NATIONAL \nfailed to protect her. \n432. \nDefendant TRI-DELTA NATIONAL\u2019s breach of their duties include, but are not \nlimited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and \nprocedures in place to prevent sex abuse; failure to have sufficient policies and procedures in place \nto prevent underage drinking; failure to properly implement policies and procedures to prevent sex \nabuse; failure to properly implement policies and procedures to prevent underage drinking; failure \nto take reasonable measures to ensure that policies and procedures to prevent sex abuse were \nworking; failure to take reasonable measures to ensure that policies and procedures to prevent \nunderage drinking were working; failure to properly train the employees at their facilities, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 77 ---\n77 \nincluding their house mothers; failure to properly train their members, including sober monitors; \nfailure to have any outside agency test their safety procedures; failure to train its employees \nproperly to identify signs of binge drinking. \n433. \nAt all times relevant, Defendant TRI-DELTA NATIONAL failed to use ordinary \ncare in determining whether the aforesaid sorority house was safe for Plaintiff. \n434. \nThat Defendant TRI-DELTA NATIONAL knew or should have known that their \nhouse mother, Jade, was not adequately trained to maintain their sorority house in a safe condition. \n435. \nThat Defendant TRI-DELTA NATIONAL knew or should have known that their \nhouse mother, Jade, was not maintaining their sorority house in a safe condition. \n436. \nDefendant TRI-DELTA NATIONAL, by and through its agents, servants and/or \nemployees, became aware, or through the exercise of reasonable care, supervision, and \ninvestigation, should have become aware of the risk underage, binge drinking posed to Plaintiff\u2019s \nsafety.  \n437. \nAt the very least, Defendant TRI-DELTA NATIONAL knew, or should have \nknown, that they did not have sufficient information about whether their sorority house were safe \nand if there existed a risk of underage, binge drinking within its house and its social events. \n438. \nDefendant TRI-DELTA NATIONAL breached their duty to Plaintiff by failing to \nwarn her of the risks of underage, binge drinking and the risks of sexual assault occurring on within \nGreek Houses on campus, during the relevant time period.  \n439. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant TRI-DELTA NATIONAL. \n440. \nDefendant TRI-DELTA NATIONAL, its employees, managers, administrators, \nand staff were on actual and/or constructive notice that Plaintiff was underage and was binge \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 78 ---\n78 \ndrinking at its house and social events.  \n441. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n442. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant TRI-DELTA NATIONAL, their agents, servants and/or \nemployees, in the ownership, operation, management, supervision, maintenance and control of the \naforesaid sorority house, and its members and employees therein.  \n443. \nDefendant TRI-DELTA NATIONAL\u2019s actions were intentional, done with malice, \ncruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were \ndone in conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. Defendant TRI-DELTA NATIONAL\u2019s conduct was so \noutrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of \ndecency as measured by what the average member of the community would tolerate and \ndemonstrates an utter disregard for the consequences that would follow. As a result, Plaintiff is \nentitled to recover both compensatory and punitive damages from Defendant TRI-DELTA \nNATIONAL. \n444. \nThat at all relevant times, Defendant MOONIES was and is a domestic limited \nliability company with its principal address located at 409 Eddy Street, Ithaca, New York, 14850. \n445. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n446. \nAt all times relevant, Defendant MOONIES was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid Bar & Nightclub in a safe, lawful, and proper \nfashion.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 79 ---\n79 \n447. \nAt all times relevant, Defendant MOONIES had a duty to safeguard and supervise \nstudents utilizing the aforesaid Bar & Nightclub, including Plaintiff.  \n448. \nAt all times relevant, Plaintiff resided within the aforesaid Bar & Nightclub, of \nwhich MOONIES was fully aware. \n449. \nAt all times relevant, Defendant MOONIES hired and employed certain individuals \nto carry out its business operations, including security guards, bartenders, servers, administrators, \nand supervisors. \n450. \nAt all times relevant, Defendant MOONIES, its agents, servants and/or employees \nbreached their duty to maintain the aforesaid Bar & Nightclub, high in a reasonably safe condition \nand manner.  \n451. \nAt all times relevant, Defendant MOONIES, its agents, servants and/or employees \nbreached their duty to supervise its guests and/or invitees, including Plaintiff, in a reasonably safe \nmanner.  \n452. \nAt all times relevant, Defendant MOONIES owed Plaintiff a duty of care because \nit had a special relationship with Plaintiff.  \n453. \nAt all times relevant, Defendant MOONIES owed Plaintiff a duty to protect her \nfrom harm because Defendant MOONIES had a contractual relationship with Plaintiff. \n454. \nAt all times relevant, Defendant MOONIES owed Plaintiff a duty to protect her \nfrom harm because Defendant MOONIES had a contractual relationship with ALPHA BETA \nCHAPTER. \n455. \nBy accepting Plaintiff, and by holding its facilities out to be a safe environment for \nPlaintiff, and by establishing a fiduciary relationship with Plaintiff at all times relevant, Defendant \nMOONIES entered into an express and/or implied duty to properly supervise Plaintiff and provide \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 80 ---\n80 \na reasonably safe environment for her at its Bar & Nightclub. Defendant MOONIES owed Plaintiff \na duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n456. \nAt all times relevant, Defendant MOONIES breached its duties to the Plaintiff, as \nthese harms were reasonably foreseeable and Defendant MOONIES failed to protect her. \n457. \nDefendant MOONIES\u2019s breach of their duties include, but are not limited to: failure \nto protect Plaintiff from a known danger; failure to have sufficient policies and procedures in place \nto prevent overpouring and serving alcohol to minors; failure to have sufficient policies and \nprocedures in place to prevent underage drinking; failure to properly implement policies and \nprocedures to prevent overpouring and serving alcohol to minors; failure to properly implement \npolicies and procedures to prevent underage drinking; failure to take reasonable measures to ensure \nthat policies and procedures to overpouring and serving alcohol to minors were working; failure \nto take reasonable measures to ensure that policies and procedures to prevent underage drinking \nwere working; failure to properly train the employees at their facilities, including their bartenders \nservers, and/or security guards; failure to have any outside agency test their safety procedures; \nfailure to train its employees properly to identify signs of binge drinking and intoxication. \n458. \nAt all times relevant, Defendant MOONIES failed to use ordinary care in \ndetermining whether the aforesaid Bar & Nightclub was safe for Plaintiff. \n459. \nDefendant MOONIES, by and through its agents, servants and/or employees, \nbecame aware, or through the exercise of reasonable care, supervision, and investigation, should \nhave become aware of the risk underage, binge drinking posed to Plaintiff\u2019s safety.  \n460. \nAt the very least, Defendant MOONIES knew, or should have known, that they did \nnot have sufficient information about whether the Bar & Nightclub were safe and if there existed \na risk of underage, binge drinking within its Bar & Nightclub. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 81 ---\n81 \n461. \nThe sexual abuse committed by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR was, or should have been, reasonably foreseeable to \nDefendant MOONIES. \n462. \nDefendant MOONIES, its employees, managers, administrators, and staff were on \nactual and/or constructive notice that Plaintiff was underage and was binge drinking at its Bar & \nNightclub. \n463. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n464. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant MOONIES, their agents, servants and/or employees, in \nthe ownership, operation, management, supervision, maintenance and control of the aforesaid Bar \n& Nightclub, and its employees therein.  \n465. \nDefendant MOONIES\u2019s actions were intentional, done with malice, cruelty and/or \na deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done in \nconscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s physical \nand emotional wellbeing. Defendant MOONIES\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard \nfor the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant MOONIES. \n466. \nThe amount of damages sought exceeds the jurisdictional limits of all lower courts \nwhich would otherwise have jurisdiction.   \nAS AND FOR A THIRD CAUSE OF ACTION: \nBREACH OF CONTRACT \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 82 ---\n82 \n \n467. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n468. \nAt all relevant times, Defendant CORNELL entered into a binding contract with \nPlaintiff, through written enrollment agreements, student handbooks, codes of conduct, policies, \nand other official publications, pursuant to which Defendant CORNELL expressly and impliedly \npromised to provide a reasonably safe educational environment, to implement established safety \nprotocols, and to take reasonable measures to protect students from foreseeable harm. \n469. \nThe terms of Defendant CORNELL\u2019s contract with Plaintiff included, but were not \nlimited to: (a) CORNELL\u2019s obligation to maintain campus safety in accordance with its published \npolicies; (b) CORNELL\u2019s obligation to enforce its own procedures for preventing, investigating, \nand responding to threats of harm; and (c) CORNELL\u2019s obligation to act in accordance with \nrepresentations made to students and parents regarding safety, security, and protection from \nmisconduct. \n470. \nPlaintiff fully performed all her obligations under the contract, including paying all \ntuition and fees, complying with campus rules, and remaining a student in good standing. \n471. \nDefendant CORNELL breached the contract by failing to adhere to its stated safety \npolicies and procedures; failing to take reasonable and required steps to prevent foreseeable harm \nto Plaintiff; failing to respond appropriately to reports or indicators of danger; and otherwise failing \nto deliver the level of security and protection that CORNELL represented it would provide. \n472. \nAs a direct and proximate result of Defendant CORNELL\u2019s breach of contract, \nPlaintiff suffered physical injury, emotional distress, financial losses, and other damages, all in an \namount to be determined at trial. \n473. \nPlaintiff is therefore entitled to compensatory damages, consequential damages, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 83 ---\n83 \npre- and post-judgment interest, costs, and such other and further relief as the Court deems just \nand proper. \n474. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR A FOURTH CAUSE OF ACTION: \nVIOLATION OF NEW YORK STATE HUMAN RIGHTS LAW, \nEXEC. LAW \u00a7 296, ET SEQ. \n \n475. \nPlaintiff repeats and realleges each and every allegation in all of the preceding \nparagraphs as if fully set forth herein. \n476. \nThe Human Rights Law (Executive Law \u00a7 290 et seq.) declares that: \nIt shall be an unlawful discriminatory practice for any person, \nbeing the owner, lessee, proprietor, manager, superintendent, agent \nor employee of any place of public accommodation, resort or \namusement, because of the race, creed, color, national origin, \ncitizenship or immigration status, sexual orientation, gender identity \nor expression, military status, sex, disability, marital status, or status \nas a victim of domestic violence, of any person, directly or \nindirectly, to refuse, withhold from or deny to such person any of \nthe accommodations, advantages, facilities or privileges thereof, \nincluding the extension of credit, or, directly or indirectly, to \npublish, circulate, issue, display, post or mail any written or printed \ncommunication, notice or advertisement, to the effect that any of the \naccommodations, advantages, facilities and privileges of any such \nplace shall be refused, withheld from or denied to any person on \naccount of race, creed, color, national origin, citizenship or \nimmigration status, sexual orientation, gender identity or \nexpression, military status, sex, disability or marital status, or that \nthe patronage or custom thereat of any person of or purporting to be \nof any particular race, creed, color, national origin, citizenship or \nimmigration status, sexual orientation, gender identity or \nexpression, military status, sex or marital status, or having a \ndisability is unwelcome, objectionable or not acceptable, desired or \nsolicited. \n \nExecutive Law \u00a7 296 [2][a]). \n \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 84 ---\n84 \n477. \nNew York courts have repeatedly held that colleges and universities qualify as \nplaces of public accommodation, which makes them subject to the NYSHRL\u2019s anti-discrimination \nprovisions. \n478. \nFurther, the Human Rights Law (Executive Law \u00a7 290 et seq.) declares that: \nIt shall be an unlawful discriminatory practice for an educational \ninstitution to deny the use of its facilities to any person otherwise \nqualified, or to permit the harassment of any student or applicant, by \nreason of his race, color, religion, disability, national origin, \ncitizenship or immigration status, sexual orientation, gender identity \nor expression, military status, sex, age, marital status, or status as a \nvictim of domestic violence, except that any such institution which \nestablishes or maintains a policy of educating persons of one sex \nexclusively may admit students of only one sex. \n \nExecutive Law \u00a7 296 [4]). \n \n479. \nAs such, the NYSHRL also covers educational institutions, whether the university \nand/or college is public or private. \n480. \nAt all relevant times, Defendant CORNELL was an institution of higher education \nsubject to Executive Law \u00a7 296, which mandates that colleges adopt, implement, and enforce \nspecific policies and procedures to prevent, investigate, and respond to sexual assault, harassment, \nviolence, and other forms of misconduct affecting students. \n481. \nThat during the subject period complained of herein, Plaintiff was a full-time \nundergraduate student attending CORNELL\u2019s University in Ithaca, NY. \n482. \nThat Plaintiff is a female. \n483. \nThat during the subject period complained of herein, Plaintiff resided upon \nCORNELL\u2019s University campus located at 616 Thurston Ave, Ithaca, NY 14853. \n484. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded an undergraduate University campus, located at 616 Thurston Ave, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 85 ---\n85 \nIthaca, NY 14853. \n485. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the Greek Houses thereat. \n486. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including ALPHA BETA CHAPTER\u2019s sorority \nhouse, located at 118 Triphammer Rd, Ithaca, New York 14850. \n487. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the XI CHAPTER\u2019s fraternity house, \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n488. \nThat at all relevant times, Defendant CORNELL was and is a private institution of \nhigher education with its principal address at 373 Pine Tree Road, Ithaca, New York 14850. \n489. \nThat at all relevant times, CORNELL maintained, operated and controlled the \nprivate ivy-league university known as Cornell University, with a mailing address of 616 Thurston \nAvenue, Ithaca, New York 14853. \n490. \nAt all times relevant, Defendant CORNELL was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid college campus, sorority house, and fraternity house \nin a safe, lawful, and proper fashion.  \n491. \nAt all times relevant, Defendant CORNELL had a duty to safeguard and supervise \nstudents utilizing the aforesaid college campus, sorority house, and fraternity house, including \nPlaintiff.  \n492. \nThat CORNELL\u2019s herein described discriminatory conduct was so severe or \nwidespread or persistent that a reasonable woman would consider the educational environment to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 86 ---\n86 \nbe hostile and created an environment where sexual assault and rape of persons such as Plaintiff \nwould be tolerated. \n493. \nThat Plaintiff considers she was subjected to the hereinabove sexual assault and \nrape because she was a female.  \n494. \nDefendant CORNELL discriminated against Plaintiff on the basis of her gender in \nviolation of the NYSHRL by subjecting Plaintiff to disparate treatment based upon her gender, \nincluding, but not limited to, subjecting her to sexual assault and/or harassment and rape. \n495. \nDefendant CORNELL knew or should have known of the prevalent and historic \ndiscriminatory harassment young female students, such as Plaintiff herein, experienced on its \ncollege campus. \n496. \nDespite having this knowledge, Defendant CORNELL failed to take appropriate \ncorrective action, resulting in bodily harm to Plaintiff as further described herein. \n497. \nAs a direct and proximate result of Defendant CORNELL\u2019s unlawful \ndiscriminatory conduct in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer, \nmonetary and/or economic harm for which she is entitled to an award of monetary damages and \nother relief. \n498. \nThat Defendant CORNELL, its employees, managers, supervisors, executives \nand/or directors, were aware of the prevalence of sexual assault in its fraternity houses, and knew \nor should have known of the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR\u2019s propensity to commit further misconduct. \n499. \nThat Defendant CORNELL, its employees, managers, supervisors, executives and \ndirectors, knowing of the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 87 ---\n87 \nNORRIS, and KRETZSCHMAR\u2019s propensity to commit such conduct, either accepted or \napproved it, by allowing them unfettered access to Plaintiff. \n500. \nThat Plaintiff was harmed because of the aforesaid conduct. \n501. \nThat the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR\u2019s derelict behavior was obvious, highly persistent, widespread \nand was severely offensive in nature and well known to Defendant CORNELL.  \n502. \nThat said behavior and conduct had a negative effect on Plaintiff\u2019s well-being. \n503. \nThat the conduct was humiliating and/or physically threatening to Plaintiff. \n504. \nThat the conduct unreasonably interfered with Plaintiff\u2019s educational performance.  \n505. \nThe Student Defendants\u2019 misconduct and/or propensity to commit such conduct as \nalleged herein was previously known to Defendant CORNELL, its employees, managers, \nsupervisors, executives and directors, which facilitated their unlawful, abusive and predatory \nsexual misconduct by, among other things allowing the Student Defendants to gain unfettered \naccess to Plaintiff, providing them with an opportunity to sexually assault and rape Plaintiff, failing \nto discipline or remove the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from campus afterwards, all the while sheltering them from \nspeaking to law enforcement, and silencing victims. \n506. \nThat Defendants CORNELL\u2019s discriminatory acts and/or omissions resulted in \nharm to Plaintiff that has a sufficient connection to the State of New York to establish liability \nunder New York State Human Rights Law. \n507. \nAs a direct and proximate result of Defendant CORNELL\u2019s unlawful \ndiscriminatory conduct in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer \nsevere mental anguish and emotional distress for which she is entitled to an award of monetary \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 88 ---\n88 \ndamages and other relief. Defendant CORNELL\u2019s unlawful and discriminatory actions were \nintentional, done with malice and/or showed a deliberate, willful, wanton and reckless indifference \nto Plaintiff\u2019s rights under the NYSHRL for which Plaintiff is entitled to an award of punitive \ndamages. \n508. \nAs a direct and proximate result of Defendant CORNELL\u2019s unlawful conduct as \nalleged hereinabove, Plaintiff has suffered physical injury, severe emotional distress and anxiety, \nhumiliation, embarrassment, economic harm and other consequential damages.  \n509. \nThat this action falls within one or more of the exceptions set forth in CPLR \u00a71602, \nspecifically: (5) (due to Defendant\u2019s intentional conduct), (7) (as Defendant acted with reckless \ndisregard), (8) Article Ten of the Labor Law, (11) (as Defendant acted knowingly or intentionally, \nand in concert). \n510. \nThat this action falls within one or more of the exceptions set forth in CPLR \u00a71601, \nas with due diligence, Plaintiff is unable to obtain jurisdiction over any such person that may have \nany fault in this matter aside from Defendant CORNELL herein, and in that Defendant CORNELL \nwas vicariously responsible for any possible additional parties with liability herein. \n511. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR A SIXTH CAUSE OF ACTION: \nSEXUAL ASSAULT \n \n512. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n513. \nIn committing and threatening to commit the sexual assault described herein, \nStudent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR had the real and apparent ability to cause imminent harmful or offensive bodily \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 89 ---\n89 \ncontact to Plaintiff and intentionally did a menacing act which threatened such contact to Plaintiff, \nwhen Plaintiff was within the XI CHAPTER\u2019s fraternity house on CORNELL\u2019s campus. \n514. \nThe sexual assault and exploitation, and threatened sexual assault and exploitation, \nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR caused apprehension of such contact in Plaintiff.  \n515. \nThe alleged conduct constituted sexual assault.  \n516. \nThe alleged conduct constituted a violation of N.Y. Pen. Law \u00a7130.52 \u00a7130.55, \n\u00a7130.60 and \u00a7130.65, and this action to recover damages from such conduct is protected under \nCPLR \u00a7208(b).  \n517. \nAs a direct and proximate result of that intentional harmful or offensive conduct, \nPlaintiff suffered general and special damages.  \n518. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR A SEVENTH CAUSE OF ACTION: \nSEXUAL BATTERY \n \n519. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n520. \nIn committing the sexual assault described herein, Student Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR touched Plaintiff, a fellow \nCORNELL student, without Plaintiff\u2019s informed consent and with the intention of causing harmful \nor offensive bodily contact to Plaintiff.  \n521. \nThe alleged conduct constituted sexual battery.  \n522. \nThe alleged conduct constituted a violation of N.Y. Pen. Law \u00a7130.52 \u00a7130.55, \n\u00a7130.60 and \u00a7130.65, and this action to recover damages from such conduct is protected under \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 90 ---\n90 \nCPLR \u00a7208(b).  \n523. \nAs a direct and proximate result of that intentional harmful or offensive contact, \nPlaintiff suffered general and special damages. \n524. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR AN EIGHTH CAUSE OF ACTION: \nINTENTIONAL INFLICTION OF EMOTIONAL DISTRESS \n \n525. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n526. \nAt all times relevant, Defendant INGALLS, engaged in reckless, extreme, and \noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n527. \nAt all times relevant, Defendant INGALLS\u2019s misconduct was so shocking and \noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nINGALLS of the consequences that would follow. \n528. \nAt all times relevant, Defendant INGALLS knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n529. \nAs a result of Defendant INGALLS\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 91 ---\n91 \n530. \nAt all times relevant, Defendant NEWELL, engaged in reckless, extreme, and \noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n531. \nAt all times relevant, Defendant NEWELL\u2019s misconduct was so shocking and \noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nNEWELL of the consequences that would follow. \n532. \nAt all times relevant, Defendant NEWELL knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n533. \nAs a result of Defendant NEWELL\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \n534. \nAt all times relevant, Defendant LEE, engaged in reckless, extreme, and outrageous \nconduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not possibly \nconsent. \n535. \nAt all times relevant, Defendant LEE\u2019s misconduct was so shocking and outrageous \nthat it exceeds the reasonable bounds of decency as measured by what the average member or the \ncommunity would tolerate and demonstrates an utter disregard by Defendant LEE of the \nconsequences that would follow. \n536. \nAt all times relevant, Defendant LEE knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 92 ---\n92 \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n537.\nAs a result of Defendant LEE\u2019s reckless, extreme, and outrageous conduct, Plaintiff\nsuffered general and specialized damages. \n538.\nAt all times relevant, Defendant LOPES, engaged in reckless, extreme, and\noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n539.\nAt all times relevant, Defendant LOPES\u2019s misconduct was so shocking and\noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nLOPES of the consequences that would follow. \n540.\nAt all times relevant, Defendant LOPES knew that this reckless, extreme, and\noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n541.\nAs a result of Defendant LOPES\u2019s reckless, extreme, and outrageous conduct,\nPlaintiff suffered general and specialized damages. \n542.\nAt all times relevant, Defendant SARABIA, engaged in reckless, extreme, and\noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n543.\nAt all times relevant, Defendant SARABIA\u2019s misconduct was so shocking and\noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 93 ---\n93 \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nSARABIA of the consequences that would follow. \n544. \nAt all times relevant, Defendant SARABIA knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n545. \nAs a result of Defendant SARABIA\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \n546. \nAt all times relevant, Defendant NORRIS, engaged in reckless, extreme, and \noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n547. \nAt all times relevant, Defendant NORRIS\u2019s misconduct was so shocking and \noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nNORRIS of the consequences that would follow. \n548. \nAt all times relevant, Defendant NORRIS knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n549. \nAs a result of Defendant NORRIS\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 94 ---\n94 \n550. \nAt all times relevant, Defendant KRETZSCHMAR, engaged in reckless, extreme, \nand outrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could \nnot possibly consent. \n551. \nAt all times relevant, Defendant KRETZSCHMAR\u2019s misconduct was so shocking \nand outrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nKRETZSCHMAR of the consequences that would follow. \n552. \nAt all times relevant, Defendant KRETZSCHMAR knew that this reckless, \nextreme, and outrageous conduct would inflict severe emotional and psychological distress on \nPlaintiff, and Plaintiff did in fact suffer severe emotional and psychological distress as a result, \nincluding severe mental anguish, humiliation, and emotional and physical distress.  \n553. \nAs a result of Defendant KRETZSCHMAR\u2019s reckless, extreme, and outrageous \nconduct, Plaintiff suffered general and specialized damages. \n554. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction.  \nAS AND FOR A NINTH CAUSE OF ACTION: \nNEGLIGENT INFLICTION OF EMOTIONAL DISTRESS \n \n555. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n556. \nAt all relevant times, Defendant CORNELL owed a duty to Plaintiff because she \nwas a full-time undergraduate student entrusted to their protection and care. \n557. \nDefendant CORNELL breached their duty to Plaintiff by failing to make proper \nregulations, protocols and/or employ proper persons and instrumentalities in assessing risk of harm \nto students; permitting and/or intentionally failing and/or neglecting to prevent the commissions \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 95 ---\n95 \nof tortious conduct upon students within their care; failing to adequately supervise the activities of \nStudent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR; and allowing all acts or omissions and/or any of the above-described actions.  \n558. \nDefendant CORNELL breached their duty to Plaintiff by negligently supervising \nPlaintiff as well as Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR, and in failing to protect Plaintiff from sexual predators on \nCORNELL\u2019s campus. \n559. \nAs a direct and proximate result of the foregoing, Plaintiff was sexually assaulted \nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR. \n560. \nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological \ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life.  \n561. \nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological \ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life.  \n562. \nDefendant CORNELL\u2019s actions were intentional, done with malice, cruelty and/or \na deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done in \nconscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s physical \nand emotional wellbeing. CORNELL\u2019s conduct was so outrageous, shocking, despicable, and \ncontemptible that it exceeds the reasonable bounds of decency as measured by what the average \nmember of the community would tolerate and demonstrates an utter disregard of the consequences \nthat would follow. As a result, Plaintiff is entitled to the recovery of both compensatory and \npunitive damages from CORNELL. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 96 ---\n96 \n563.\nAs a result of that reckless, extreme, and outrageous conduct, Plaintiff suffered\ngeneral and specialized damages. \n564.\nAt all relevant times, Defendant XI CHAPTER owed a duty to Plaintiff because\nshe was a guest and/or invitee on its premises, entrusted to their protection and care. \n565.\nDefendant XI CHAPTER breached their duty to Plaintiff by failing to make proper\nregulations, protocols and/or employ proper persons and instrumentalities in assessing risk of harm \nto guests and/or invitees; permitting and/or intentionally failing and/or neglecting to prevent the \ncommissions of tortious conduct upon students within their care; failing to adequately supervise \nthe activities of Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR; and allowing all acts or omissions and/or any of the above-described \nactions.  \n566.\nDefendant XI CHAPTER breached their duty to Plaintiff by negligently\nsupervising Plaintiff as well as Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR, and in failing to protect Plaintiff from sexual \npredators within its fraternity house. \n567.\nAs a direct and proximate result of the foregoing, Plaintiff was sexually assaulted\nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR. \n568.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \n569.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 97 ---\n97 \n570.\nDefendant XI CHAPTER\u2019s actions were intentional, done with malice, cruelty\nand/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done \nin conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. XI CHAPTER\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard of \nthe consequences that would follow. As a result, Plaintiff is entitled to the recovery of both \ncompensatory and punitive damages from XI CHAPTER. \n571.\nAs a result of that reckless, extreme, and outrageous conduct, Plaintiff suffered\ngeneral and specialized damages. \n572.\nAt all relevant times, Defendant CHI PHI NATIONAL owed a duty to Plaintiff\nbecause she was a guest and/or invitee, entrusted to their protection and care. \n573.\nDefendant CHI PHI NATIONAL breached their duty to Plaintiff by failing to make\nproper regulations, protocols and/or employ proper persons and instrumentalities in assessing risk \nof harm to guests and/or invitees; permitting and/or intentionally failing and/or neglecting to \nprevent the commissions of tortious conduct upon students within their care; failing to adequately \nsupervise the activities of Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR; and allowing all acts or omissions and/or any of the above-\ndescribed actions.  \n574.\nDefendant CHI PHI NATIONAL breached their duty to Plaintiff by negligently\nsupervising Plaintiff as well as Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR, and in failing to protect Plaintiff from sexual \npredators within its fraternity house. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 98 ---\n98 \n575.\nAs a direct and proximate result of the foregoing, Plaintiff was sexually assaulted\nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR. \n576.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \n577.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \n578.\nDefendant CHI PHI NATIONAL\u2019s actions were intentional, done with malice,\ncruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were \ndone in conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. CHI PHI NATIONAL\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard of \nthe consequences that would follow. As a result, Plaintiff is entitled to the recovery of both \ncompensatory and punitive damages from CHI PHI NATIONAL. \n579.\nAs a result of that reckless, extreme, and outrageous conduct, Plaintiff suffered\ngeneral and specialized damages. \n580.\nThe amount of damages sought herein exceeds the jurisdictional limits of all other\ncourts which would otherwise have jurisdiction. \n581.\nPursuant to CPLR \u00a7 1603, the foregoing causes of action are exempt from the\noperation of CPLR 1601 by reason of one or more of the exemptions provided in CPLR 1602, \nincluding but not limited to, CPLR 1602(2), CPLR 1602(5), CPLR 1602(7) and CPLR 1602(11), \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 99 ---\n99 \nthus precluding defendants from limiting their liability by apportioning some portion of liability \nto any joint tortfeasor.  \nAS AND FOR AN TENTH CAUSE OF ACTION: \nVIOLATIONS OF NEW YORK\u2019S DRAM SHOP ACT  \nGENERAL OBLIGATIONS LAW \u00a7\u00a711-100 \u2013 11-101  \n \n582. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n583. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n584. \nThat at all relevant times, MOONIES maintained a liquor license for Moonies Bar \n& Nightclub, where MOONIES, its employees, servants and agents, served invitees and/or guests \nwith alcoholic beverages. \n585. \nThat at all relevant times, MOONIES held itself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its invitees and/or guests and to use reasonable care and diligence in its monitoring and \npolicing of Moonies Bar & Nightclub and those utilizing the premises thereat. \n586. \nThat at all relevant times, MOONIES, its employees, servants and/or agents served \nPlaintiff with alcoholic beverages even though she had an \u201cX\u201d on both her hands, signifying she \nwas under 21 years old. \n587. \nThat at all relevant times, MOONIES, its employees, servants and/or agents \ncontinued serving Plaintiff with alcoholic beverages to the point of visible intoxication. \n588. \nThat at all relevant times, MOONIES, its employees, servants and/or agents \ncontinued serving Plaintiff with alcoholic beverages beyond the point of visible intoxication. \n589. \nThat as a result of MOONIES violating New York\u2019s Dram Shop Act, General \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 100 ---\n100 \nObligations Law \u00a7\u00a711-100 \u2013 11-101, Plaintiff was rendered helpless. \n590. \nThat as a result of MOONIES violating New York\u2019s Dram Shop Act, General \nObligations Law \u00a7\u00a711-100 \u2013 11-101, Plaintiff suffered bodily injury. \n591. \nThat as a result of MOONIES violating New York\u2019s Dram Shop Act, General \nObligations Law \u00a7\u00a711-100 \u2013 11-101, Plaintiff was sexually assaulted and raped by members of \nCHI PHI\u2019s Xi Chapter at Cornell University, at the fraternity house known as Chi Phi Fraternity \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n592. \nAs a result of the subject incident, Plaintiff has sustained injury, emotional pain and \nsuffering, emotional distress, loss of enjoyment of life, and claims compensatory and punitive \ndamages herein.  \n593. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction.  \nJURY DEMAND \n594. \nPlaintiff JANE DOE hereby demands a trial by jury.  \nPRAYER FOR RELIEF \nWHEREFORE, Plaintiff JANE DOE demands judgment against the Defendants and each of \nthem, on the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Causes \nof Action as follows:  \nA. Awarding compensatory damages in an amount to be proved at trial, but in any event \nin an amount that exceeds the jurisdictional limits of all lower courts which would \notherwise have jurisdiction to the extent permitted by law;  \nB. Awarding punitive damages to the extent permitted by law;  \nC. Awarding costs and fees of this action, including attorneys\u2019 fees to the extent \npermitted by law;  \nD. Awarding prejudgment interest to the extent permitted by law; and  \nE. Awarding such other and further relief as this Court may deem just and proper.  \n \nDated: New York, New York  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 101 ---\n.\n101 \nSeptember 14, 2026 \nRHEINGOLD GIUFFRA RUFFO \nPLOTKIN & HELLMAN LLP \nAttorneys for Plaintiff \nBy: ______________________________ \nThomas P. Giuffra, Esq. \n551 Fifth Avenue, 29th Fl. \nNew York, NY 10176 \nTel: (212) 684-1880 \ntgiuffra@rheingoldlaw.com \nCOCHRUN & SEALS, LLC \nAttorneys for Plaintiff \n(Pro Hac Vice pending) \n/s/ W. Whitney Seals \n________________________\nBy: W. Whitney Seals, Esq. \nP.O. Box 10448 \nBirmingham, AL 35202-0448 \nTel: (202) 323-3900 \nwhitney@cochrunseals.com \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026","text":"--- Page 1 ---\n.\n1 \nSUPREME COURT OF THE STATE OF NEW YORK \nCOUNTY OF NEW YORK \nJANE DOE, \nIndex No.: \nSUMMONS \nPlaintiff, \n-against-\nCORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE \nASSOCIATION, \nCHI \nPHI \nFRATERNITY, \nINC., \nCHI \nPHI \nEDUCATIONAL TRUST, ALPHA BETA HOUSE CORPORATION \nOF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, \nZAREEN ENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, \nMATTHEW INGALLS, JOHNATHAN NEWELL, WINSTON LEE, \nGILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, SCOTT \nKRETZSCHMAR, JOHN DOE (FACULTY), JOHN DOE (ALUMNI), \nJOHN DOES (EXECUTIVE BOARD), and ORAZIO PETITO, \nDefendants. \nPlaintiff designates NEW YORK County as the place of trial. Venue is based on the location in \nwhich Plaintiff currently resides. \nTO THE ABOVE-NAMED DEFENDANTS: \nYOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve \na copy of your answer, or, if the Complaint is not served with this summons, to serve a notice of \nappearance, on the Plaintiff\u2019s Attorney(s) within 20 days after the service of this summons, \nexclusive of the day of service (or within 30 days after the service is complete if this summons is \nnot personally delivered to you within the State of New York); and in the case of your failure to \nappear or answer, judgment will be taken against you by default for the relief demanded in the \nComplaint. \nDated: New York, New York \nSeptember 14, 2026 \nRHEINGOLD GIUFFRA RUFFO \nPLOTKIN & HELLMAN LLP \nAttorneys for Plaintiff  \n      _____________________\nBy: Thomas P. Giuffra, Esq. \n551 Fifth Avenue, 29th Fl. \nNew York, NY 10176 \nTel: (212) 684-1880 \ntgiuffra@rheingoldlaw.com \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 2 ---\n2 \n \n \n \n \n \n \nCOCHRUN & SEALS, LLC \n \n \n \n \n \n \nAttorneys for Plaintiff \n \n \n \n \n \n \n(Pro Hac Vice pending) \n \n \n \n \n \n \n \n/s/ W. Whitney Seals \n   _____________________                                                         \n \n \n \n \n \n \nBy: W. Whitney Seals, Esq. \n \n \n \n \n \n \nP.O. Box 10448 \n \n \n \n \n \n \nBirmingham, AL 35202-0448 \n \n \n \n \n \n \nTel: (202) 323-3900 \n \n \n \n \n \n \nwhitney@cochrunseals.com \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 3 ---\n3 \nSUPREME COURT OF THE STATE OF NEW YORK \nCOUNTY OF NEW YORK \n \nJANE DOE, \nIndex No.:  \n \n \nCOMPLAINT \n \n \n \nPLAINTIFF DEMANDS  \nA TRIAL BY JURY \n \nPlaintiff, \n                     -against- \n \nCORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE \nASSOCIATION, CHI PHI FRATERNITY, INC., CHI PHI \nEDUCATIONAL \nTRUST, \nALPHA \nBETA \nHOUSE \nCORPORATION OF DELTA DELTA DELTA, DELTA DELTA \nDELTA SORORITY, ZAREEN ENTERPRISE LLC d/b/a \nMOONIES BAR & NIGHTCLUB, MATTHEW INGALLS, \nJOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, \nDIEGO SARABIA, SCOTT NORRIS, SCOTT KRETZSCHMAR, \nJOHN DOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES \n(EXECUTIVE BOARD), and ORAZIO PETITO, \n \nDefendants. \n \nPlaintiff JANE DOE complaining of the Defendants by her attorneys RHEINGOLD \nGIUFFRA RUFFO PLOTKIN & HELLMAN LLP, and COCHRUN & SEALS, LLC (Pro Hac \nVice pending), respectfully alleges, upon information and belief, the following:  \nNATURE OF THE ACTION  \n \n1. \nThis complaint is based on the negligent, willful, or intentional failure of the \nDefendants CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE ASSOCIATION, \nCHI PHI FRATERNITY, INC., CHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE \nCORPORATION OF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, JOHN \nDOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE BOARD), and \nORAZIO PETITO, their employees, agents, and/or servants, to protect Plaintiff JANE DOE from \nbeing sexually assaulted and raped by multiple members of the Xi Chapter of Chi Phi Fraternity \nat Cornell University, while at the Chi Phi Fraternity house on Cornell University\u2019s campus, as \nwell as against those individuals, Defendants MATTHEW INGALLS, JOHNATHAN NEWELL, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 4 ---\n4 \nWINSTON LEE, GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, and SCOTT \nKRETZSCHMAR, who perpetrated such heinous criminal sexual acts against Plaintiff therein. \n2. \nThis complaint also contains allegations against Defendant CORNELL \nUNIVERSITY, INC., for breach of contract. \n3. \nThis complaint also contains allegations against Defendants ALPHA BETA \nHOUSE CORPORATION OF DELTA DELTA DELTA and DELTA DELTA DELTA \nSORORITY, for breach of contract. \n4. \nThis complaint also contains allegations against Defendant CORNELL \nUNIVERSITY, INC., for violations of New York State Human Rights Law (NYSHRL), Executive \n(EXC) Chapter 18, Article 15, Section 296 et seq. \n5. \nThis complaint also contains allegations against Defendant CORNELL \nUNIVERSITY, INC., for violations of New York Education Law (EDN) \u00a7 6440. \n6. \nThis complaint also contains allegations against Defendants MATTHEW \nINGALLS, JOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, DIEGO SARABIA, \nSCOTT NORRIS, and SCOTT KRETZSCHMAR, and each of them, for their sexual assault and \nrape of Plaintiff, pursuant to the protections afforded by CPLR 213-c. \n7. \nThis complaint also contains allegations against Defendant ZAREEN \nENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, their employees, agents, and/or \nservants, for causes of action pursuant to New York\u2019s Dram Shop Act, General Obligations Law \n\u00a7\u00a711-100 \u2013 11-101, as well as others under the theory of negligence. \nPARTIES \n8. \nThat at all relevant times, Plaintiff JANE DOE (hereinafter \u201cDOE\u201d) was a 20-year-\nold adult female.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 5 ---\n5 \n9. \nThat at all relevant times, Defendant CORNELL UNIVERSITY, INC. (hereinafter \n\u201cCORNELL\u201d) was and is a private institution of higher education with address in New York City \nand Ithaca, New York. \n10. \nThat at all relevant times, CORNELL maintained, operated and controlled the \nprivate ivy-league university known as Cornell University, with a mailing address of 616 Thurston \nAvenue, Ithaca, New York 14853. \n11. \nThat at all relevant times, Plaintiff was a full-time undergraduate student attending \nCORNELL\u2019s Cornell University located in Ithaca, New York. \n12. \nThat at all relevant times, Plaintiff resided on CORNELL\u2019s campus. \n13. \nThat at all relevant times, CORNELL maintained a private police department \nknown as Cornell University Police, with its primary office located at 117 Statler Dr, Ithaca, New \nYork 14853. \n14. \nThat at all relevant times, CORNELL maintained a Division of Public Safety, with \nits primary office located at 245 East Hill Office Building, Ithaca, New York 14852. \n15. \nThat at all relevant times, CORNELL maintained the SHARE Office within the \nSkorton Center for Health Initiatives located at 410 Thurston Avenue, Ithaca, New York 14850. \n16. \nThat at all relevant times, CORNELL held itself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its students and to use reasonable care and diligence in its monitoring and policing of its \ncampus and those utilizing said campus. \n17. \nThat at all relevant times, while Plaintiff was attending and lawfully located on \nCORNELL\u2019s campus, of which CORNELL had and has complete control, she was sexually \nassaulted and raped by fellow Cornell University students at the fraternity house known as Chi Phi \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 6 ---\n6 \nFraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n18. \nThat at all relevant times, CORNELL owned, managed, operated, and/or controlled \nthe subject Chi Phi Fraternity house, as it was and is situated on CORNELL\u2019s property. \n19. \nThat at all relevant times, CHI PHI CHAPTER HOUSE ASSOCIATION \n(hereinafter \u201cXI CHAPTER\u201d) was and is a Chapter of the international men\u2019s fraternity (aka \nfraternity) known as Chi Phi Fraternity which is managed, owned, and/or controlled by Defendants \nCHI PHI FRATERNITY, INC., and CHI PHI EDUCATIONAL TRUST (hereinafter jointly \nreferred to as \u201cCHI PHI NATIONAL\u201d),  \n20. \nThat at all relevant times, XI CHAPTER\u2019s Executive Offices are located at 801 \nHudson St, Hoboken, New Jersey 07030. \n21. \nThat at all relevant times, XI CHAPTER was and is a domestic not-for-profit \ncorporation duly organized and existing under New York law with its principal place of business \nin Ithaca, New York.  \n22. \nThat at all relevant times, XI CHAPTER owned, managed, operated, and/or \ncontrolled the Xi Chapter of Chi Phi at Cornell University\u2019s house located at 107 Edgemoor Ln, \nIthaca, New York 14850. \n23. \nThat at all relevant times, XI CHAPTER maintained and controlled a regional \nchapter of its parent organization, known as the Xi Chapter of Chi Phi Fraternity at Cornell \nUniversity. \n24. \nThat at all relevant times, XI CHAPTER maintained and controlled a residential \nhouse on Cornell University\u2019s campus for the Xi Chapter\u2019s use, located at 107 Edgemoor Ln, \nIthaca, New York 14850. \n25. \nThat at all relevant times, XI CHAPTER held itself out to the public, and more \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 7 ---\n7 \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its invitees and/or guests and to use reasonable care and diligence in its monitoring and \npolicing of the Xi Chapter\u2019s house and those living in and utilizing said house. \n26. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which XI CHAPTER had and has complete control, she was plied with alcohol and drugs \nto the point of intoxication by members of XI CHAPTER\u2019s fraternal organization, which resulted \nin Plaintiff being sexually assaulted and raped by members of XI CHAPTER\u2019s regional fraternal \norganization at Cornell University, operating out of the fraternity house known as Chi Phi \nFraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n27. \nThat at all relevant times, CHI PHI FRATERNITY, INC., was and is a domestic \nbusiness corporation duly organized and existing under Georgia law with its principal place of \nbusiness in Roswell, Georgia.  \n28. \nThat at all relevant times, CHI PHI FRATERNITY, INC., owned, managed, \noperated, and/or controlled XI CHAPTER, a regional chapter of its fraternal organization, \noperating out of the Xi Chapter of Chi Phi at Cornell University\u2019s house located at 107 Edgemoor \nLn, Ithaca, New York 14850. \n29. \nThat at all relevant times, CHI PHI EDUCATIONAL TRUST was and is a \ndomestic not-for-profit corporation duly organized and existing under Georgia law with its \nprincipal place of business in Roswell, Georgia.  \n30. \nThat at all relevant times, CHI PHI EDUCATIONAL TRUST owned, managed, \noperated, and/or controlled XI CHAPTER, a regional chapter of its fraternal organization, \noperating out of the Xi Chapter of Chi Phi at Cornell University\u2019s house located at 107 Edgemoor \nLn, Ithaca, New York 14850. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 8 ---\n8 \n31. \nThat at all relevant times, CHI PHI FRATERNITY, INC., and CHI PHI \nEDUCATIONAL TRUST operate jointly as one business entity known as Chi Phi Fraternity \n(hereinafter jointly referred to as \u201cCHI PHI NATIONAL\u201d), with its Executive Offices located at \n885 Woodstock Rd Suite 430-389, Roswell, GA 30075. \n32. \nThat at all relevant times, CHI PHI NATIONAL maintained and controlled a \nregional chapter of its parent organization, known as the Xi Chapter of Chi Phi Fraternity at Cornell \nUniversity. \n33. \nThat at all relevant times, CHI PHI NATIONAL maintained and controlled a \nresidential house on Cornell University\u2019s campus for the Xi Chapter\u2019s use, located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n34. \nThat at all relevant times, CHI PHI NATIONAL held itself out to the public, and \nmore particularly to Plaintiff herein, as possessing the proper degree of safety measure to \nadequately protect its invitees and/or guests and to use reasonable care and diligence in its \nmonitoring and policing of the Xi Chapter\u2019s house and those living in and utilizing said house. \n35. \nThat at all relevant times, while Plaintiff was lawfully within CHI PHI \nNATIONAL\u2019s house, of which CHI PHI NATIONAL had and has complete control, she was plied \nwith alcohol and drugs to the point of intoxication by members of CHI PHI NATIONAL\u2019s fraternal \norganization, which resulted in Plaintiff being sexually assaulted and raped by members of XI CHI \nPHI NATIONAL\u2019s regional fraternal organization at Cornell University, operating out of the \nfraternity house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York \n14850. \n36. \nThat at all relevant times, ALPHA BETA HOUSE CORPORATION OF DELTA \nDELTA DELTA (hereinafter \u201cALPHA BETA CHAPTER\u201d) was and is a Chapter of the \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 9 ---\n9 \ninternational women\u2019s fraternal organization (aka sorority) known as known as Delta Delta Delta \nSorority, which is managed, owned, and/or controlled by Defendant DELTA DELTA DELTA \nSORORITY (hereinafter \u201cTRI-DELTA NATIONAL\u201d). \n37. \nThat at all relevant times, ALPHA BETA CHAPTER was and is a domestic not-\nfor-profit corporation duly organized and existing under New York law with its principal place of \nbusiness in Ithaca, New York.  \n38. \nThat at all relevant times, ALPHA BETA CHAPTER owned and operated the \nAlpha Beta Chapter of Tri Delta at Cornell University\u2019s house located at 118 Triphammer Road, \nIthaca, New York 14580. \n39. \nThat at all relevant times, ALPHA BETA CHAPTER maintained and controlled \nthe regional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n40. \nThat at all relevant times, ALPHA BETA CHAPTER maintained and controlled a \nresidential house on Cornell University\u2019s campus for the Alpha Beta Chapter\u2019s use, located at 118 \nTriphammer Rd, Ithaca, New York 14850. \n41. \nThat at all relevant times, Plaintiff was a member of ALPHA BETA CHAPTER\u2019s \nregional sorority chapter at Cornell University. \n42. \nThat at all relevant times, Plaintiff resided in ALPHA BETA CHAPTER\u2019s house \non Cornell University campus, located at 118 Triphammer Rd, Ithaca, New York 14850. \n43. \nThat at all relevant times, ALPHA BETA CHAPTER held itself out to the public, \nand more particularly to Plaintiff herein, as possessing the proper degree of safety measure to \nadequately protect its members and to use reasonable care and diligence in its monitoring and \npolicing of the Alpha Beta Chapter\u2019s house and those living in and utilizing said house. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 10 ---\n10 \n44. \nThat at all relevant times, while Plaintiff was a member of ALPHA BETA \nCHAPTER and while Plaintiff was residing in ALPHA BETA CHAPTER\u2019s house, of which \nALPHA BETA CHAPTER had and has complete control, Plaintiff had become intoxicated, and \nthe house mother employed by ALPHA BETA CHAPTER observed Plaintiff in that intoxicated \nstate and nevertheless took Plaintiff to MOONIES in downtown Ithaca, NY, which resulted in \nPlaintiff being sexually assaulted and raped by fellow Cornell University students at the fraternity \nhouse known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n45. \nThat at all relevant times, TRI-DELTA NATIONAL was and is a domestic business \ncorporation duly organized and existing under Texas law with its principal place of business \nlocated at 14951 Dallas Pkwy #500, Dallas, Texas 75254. \n46. \nThat at all relevant times, TRI-DELTA NATIONAL owned and operated the Alpha \nBeta Chapter of Tri Delta at Cornell University\u2019s house located at 118 Triphammer Road, Ithaca, \nNew York 14580. \n47. \nThat at all relevant times, TRI-DELTA NATIONAL maintained and controlled the \nregional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n48. \nThat at all relevant times, TRI-DELTA NATIONAL maintained and controlled a \nresidential house on Cornell University\u2019s campus for the Alpha Beta Chapter\u2019s use, located at 118 \nTriphammer Rd, Ithaca, New York 14850. \n49. \nThat at all relevant times, Plaintiff was a member of TRI-DELTA NATIONAL\u2019s \nAlpha Beta Chapter at Cornell University. \n50. \nThat at all relevant times, Plaintiff resided in TRI-DELTA NATIONAL\u2019s Alpha \nBeta Chapter\u2019s house on Cornell University campus, located at 118 Triphammer Rd, Ithaca, New \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 11 ---\n11 \nYork 14850. \n51. \nThat at all relevant times, TRI-DELTA NATIONAL held itself out to the public, \nand more particularly to Plaintiff herein, as possessing the proper degree of safety measure to \nadequately protect its members and to use reasonable care and diligence in its monitoring and \npolicing of the Alpha Beta Chapter\u2019s house and those living in and utilizing said house. \n52. \nThat at all relevant times, while Plaintiff was a member of TRI-DELTA \nNATIONAL\u2019s Alpha Beta Chapter and while Plaintiff was residing in TRI-DELTA NATIONAL\u2019s \nAlpha Beta Chapter\u2019s house, of which TRI-DELTA NATIONAL had and has complete control, \nPlaintiff had become intoxicated, and the house mother employed by TRI-DELTA NATIONAL \nobserved Plaintiff in that intoxicated state and nevertheless took Plaintiff to MOONIES in \ndowntown Ithaca, NY, which resulted in Plaintiff being sexually assaulted and raped by fellow \nCornell University students at the fraternity house known as Chi Phi Fraternity located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n53. \nThat at all relevant times, JOHN DOE (FACULTY) (hereinafter \u201cFACULTY\u201d) \nwas and is the designated faculty advisor appointed by CORNELL as the official liaison between \nXI CHAPTER and Cornell University. \n54. \nThat at all relevant times, FACULTY, as faculty advisor, was and is assigned by \nCORNELL to oversee XI CHAPTER, the Cornell University regional chapter of CHI PHI \nNATIONAL\u2019s international fraternal organization. \n55. \nThat at all relevant times, FACULTY, as faculty advisor, was and is a university \nemployee, employed directly by CORNELL as a professor, lecturer, administrator, and/or other \nfaculty member. \n56. \nThat at all relevant times, CORNELL was and is vicariously liable under respondeat \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 12 ---\n12 \nsuperior for the negligent acts and omissions of FACULTY. \n57. \nThat at all relevant times, FACULTY, as faculty advisor, was responsible for \nsupervising and maintaining in a safe condition XI CHAPTER\u2019s fraternity house and its members \nthereat, located 118 Triphammer Rd, Ithaca, New York 14850, situated within the confines of \nCORNELL\u2019s university campus, \n58. \nThat at all relevant times, FACULTY, as faculty advisor, held themself out to the \npublic, and more particularly to Plaintiff herein, as possessing the proper degree of knowledge and \ntraining to adequately protect CORNELL\u2019s students, including Plaintiff herein, and to use \nreasonable care and diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house \nand those fraternity members living in and utilizing said house. \n59. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which FACULTY, as faculty advisor, breached their duty to supervise and maintain XI \nCHAPTER\u2019s fraternity house in a safe condition, as Plaintiff was plied with alcohol and drugs to \nthe point of intoxication by members of XI CHAPTER\u2019s fraternal organization, which resulted in \nPlaintiff being sexually assaulted and raped by members of XI CHAPTER\u2019s regional fraternal \norganization at Cornell University, operating out of the fraternity house known as Chi Phi \nFraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n60. \nThat at all relevant times, JOHN DOE (ALUMNI) (hereinafter \u201cALUMNI\u201d) was \nand is the designated alumni advisor appointed by CHI PHI NATIONAL as the official liaison \nbetween XI CHAPTER and CHI PHI NATIONAL. \n61. \nThat at all relevant times, ALUMNI, as alumni advisor, was and is assigned by CHI \nPHI NATIONAL to oversee XI CHAPTER, the Cornell University regional chapter of CHI PHI \nNATIONAL\u2019s international fraternal organization. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 13 ---\n13 \n62. \nThat at all relevant times, ALUMNI, as alumni advisor, was acting as an agent \nand/or employee of CHI PHI NATIONAL. \n63. \nThat at all relevant times, CHI PHI NATIONAL was and is vicariously liable under \nrespondeat superior for the negligent acts and omissions of ALUMNI. \n64. \nThat at all relevant times, ALUMNI, as alumni advisor, was responsible for \nsupervising and maintaining in a safe condition XI CHAPTER\u2019s fraternity house and its members \nthereat, located 118 Triphammer Rd, Ithaca, New York 14850, situated within the confines of \nCORNELL\u2019s university campus. \n65. \nThat at all relevant times, ALUMNI, as alumni advisor, held themself out to the \npublic, and more particularly to Plaintiff herein, as possessing the proper degree of knowledge and \ntraining to adequately protect CORNELL\u2019s students, including Plaintiff herein, and to use \nreasonable care and diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house \nand those fraternity members living in and utilizing said house. \n66. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which ALUMNI, as alumni advisor, breached their duty to supervise and maintain XI \nCHAPTER\u2019s fraternity house in a safe condition, as Plaintiff was plied with alcohol and drugs to \nthe point of intoxication by members of XI CHAPTER\u2019s fraternal organization, which resulted in \nPlaintiff being sexually assaulted and raped by members of XI CHAPTER, CHI PHI \nNATIONAL\u2019s regional fraternal organization at Cornell University, operating out of the fraternity \nhouse known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n67. \nThat at all relevant times, JOHN DOES (EXEC) (hereinafter jointly \u201cEXEC\u201d) was \nand is the cumulative Executive Board of XI CHAPTER, the regional chapter of CHI PHI \nNATIONAL upon CORNELL\u2019s university campus, operating out of the fraternity house known \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 14 ---\n14 \nas Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n68. \nThat at all relevant times, EXEC was and is comprised of a group of elected XI \nCHAPTER members who run the day-to-day operations of the Xi Chapter of Chi Phi Fraternity, \nthe regional chapter of CHI PHI NATIONAL upon CORNELL\u2019s university campus, operating out \nof the fraternity house known as Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York \n14850. \n69. \nThat at all relevant times, EXEC was and is comprised of officers with titles such \nas: President, Vice President, Treasurer, Secretary, Risk Manager, Recruitment Chair, Social \nChair, among other executive titles. \n70. \nThat at all relevant times, EXEC was and is subject to CHI PHI NATIONAL\u2019s \nconstitution and bylaws as well as XI CHAPTER\u2019s regional constitution and bylaws. \n71. \nThat at all relevant times, EXEC was and is subject to CORNELL\u2019s constitution, \nbylaws, code of conduct, and student organizational rules and regulations. \n72. \nThat at all relevant times, EXEC was responsible for supervising and maintaining \nin a safe condition, XI CHAPTER\u2019s fraternity house and its members thereat, located 118 \nTriphammer Rd, Ithaca, New York 14850, situated within the confines of CORNELL\u2019s university \ncampus, \n73. \nThat at all relevant times, EXEC held themself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of knowledge and training to \nadequately protect CORNELL\u2019s students, including Plaintiff herein, and to use reasonable care \nand diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house and those \nfraternity members living in and utilizing said house. \n74. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 15 ---\n15 \nhouse, of which EXEC breached their duty to supervise and maintain XI CHAPTER\u2019s fraternity \nhouse in a safe condition, as Plaintiff was plied with alcohol and drugs to the point of intoxication \nby members of XI CHAPTER\u2019s fraternal organization, which resulted in Plaintiff being sexually \nassaulted and raped by members of XI CHAPTER\u2019s regional fraternal organization at Cornell \nUniversity, operating out of the fraternity house known as Chi Phi Fraternity located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n75. \nThat at all relevant times, ORAZIO PETITO (hereinafter \u201cPETITO\u201d) was and is \nthe elected President of the Executive Board of XI CHAPTER, the regional chapter of CHI PHI \nNATIONAL upon CORNELL\u2019s university campus, operating out of the fraternity house known \nas Chi Phi Fraternity located at 107 Edgemoor Ln, Ithaca, New York 14850. \n76. \nThat at all relevant times, PETITO was and is a CORNELL student, as well as a \nmember of XI CHAPTER, the regional chapter of the greater CHI PHI NATIONAL.  \n77. \nThat at all relevant times, PETITO was and is subject to CHI PHI NATIONAL\u2019s \nconstitution and bylaws as well as XI CHAPTER\u2019s regional constitution and bylaws. \n78. \nThat at all relevant times, PETITO was and is subject to CORNELL\u2019s constitution, \nbylaws, code of conduct, and student organizational rules and regulations. \n79. \nThat at all relevant times, PETITO was responsible for supervising and maintaining \nin a safe condition, XI CHAPTER\u2019s fraternity house and its members thereat, located 118 \nTriphammer Rd, Ithaca, New York 14850, situated within the confines of CORNELL\u2019s university \ncampus, \n80. \nThat at all relevant times, PETITO held himself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of knowledge and training to \nadequately protect CORNELL\u2019s students, including Plaintiff herein, and to use reasonable care \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 16 ---\n16 \nand diligence in its monitoring and policing of XI CHAPTER\u2019s fraternity house and those \nfraternity members living in and utilizing said house. \n81. \nThat at all relevant times, while Plaintiff was lawfully within XI CHAPTER\u2019s \nhouse, of which PETITO breached his duty to supervise and maintain XI CHAPTER\u2019s fraternity \nhouse in a safe condition, as Plaintiff was plied with alcohol and drugs to the point of intoxication \nby members of XI CHAPTER\u2019s fraternal organization, which resulted in Plaintiff being sexually \nassaulted and raped by members of XI CHAPTER\u2019s regional fraternal organization at Cornell \nUniversity, operating out of the fraternity house known as Chi Phi Fraternity located at 107 \nEdgemoor Ln, Ithaca, New York 14850. \n82. \nThat at all relevant times, Defendant ZAREEN ENTERPRISE LLC d/b/a \nMOONIES BAR & NIGHTCLUB (hereinafter \u201cMOONIES\u201d) was and is a domestic limited \nliability company with its principal address located at 409 Eddy Street, Ithaca, New York, 14850. \n83. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n84. \nThat at all relevant times, MOONIES maintained a liquor license for Moonies Bar \n& Nightclub, where MOONIES, its employees, servants and agents, served invitees and/or guests \nwith alcoholic beverages. \n85. \nThat at all relevant times, MOONIES held itself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its invitees and/or guests and to use reasonable care and diligence in its monitoring and \npolicing of Moonies Bar & Nightclub and those utilizing the premises thereat. \n86. \nThat at all relevant times, while Plaintiff was lawfully within MOONIES bar, of \nwhich MOONIES had and has complete control, Plaintiff, as a minor under 21 years old, was \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 17 ---\n17 \nserved with alcohol to the point of visible intoxication by members of MOONIES\u2019s staff, which \nresulted in Plaintiff being sexually assaulted and raped by members of CHI PHI\u2019s Xi Chapter at \nCornell University, at the fraternity house known as Chi Phi Fraternity located at 107 Edgemoor \nLn, Ithaca, New York 14850. \n87. \nThat at all relevant times, Defendant MATTHEW INGALLS (hereinafter \n\u201cINGALLS\u201d) was and is an adult male. \n88. \n That at all relevant times, INGALLS was a full-time undergraduate student \nattending Cornell University. \n89. \nThat at all relevant times, INGALLS was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n90. \nThat at all relevant times, Defendant JOHNATHAN NEWELL (hereinafter \n\u201cNEWELL\u201d) was and is an adult male. \n91. \n That at all relevant times, NEWELL was a full-time undergraduate student \nattending Cornell University. \n92. \nThat at all relevant times, NEWELL was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n93. \nThat at all relevant times, Defendant WINSTON LEE (hereinafter \u201cLEE\u201d) was and \nis an adult male. \n94. \n That at all relevant times, LEE was a full-time undergraduate student attending \nCornell University. \n95. \nThat at all relevant times, LEE was a member of CHI PHI\u2019s Xi Chapter at Cornell \nUniversity. \n96. \nThat at all relevant times, Defendant GILLIO LOPES (hereinafter \u201cLOPES\u201d) was \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 18 ---\n18 \nand is an adult male. \n97. \n That at all relevant times, LOPES was a full-time undergraduate student attending \nCornell University. \n98. \nThat at all relevant times, LOPES was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n99. \nThat at all relevant times, Defendant DIEGO SARABIA (hereinafter \u201cSARABIA\u201d) \nwas and is an adult male. \n100. \n That at all relevant times, SARABIA was a full-time undergraduate student \nattending Cornell University. \n101. \nThat at all relevant times, SARABIA was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n102. \nThat at all relevant times, Defendant SCOTT NORRIS (hereinafter \u201cNORRIS\u201d) \nwas and is an adult male. \n103. \n That at all relevant times, NORRIS was a full-time undergraduate student attending \nCornell University. \n104. \nThat at all relevant times, NORRIS was a member of CHI PHI\u2019s Xi Chapter at \nCornell University. \n105. \nThat at all relevant times, Defendant SCOTT KRETZSCHMAR (hereinafter \n\u201cKRETZSCHMAR\u201d) was and is an adult male. \n106. \n That at all relevant times, KRETZSCHMAR was a full-time undergraduate student \nattending Cornell University. \n107. \nThat at all relevant times, KRETZSCHMAR was a member of CHI PHI\u2019s Xi \nChapter at Cornell University. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 19 ---\n19 \n108. \nPlaintiff JANE DOE seeks damages from all Defendants for their actions and more \nspecifically seeks damages from Defendants CORNELL, XI CHAPTER, CHI PHI NATIONAL, \nALPHA BETA CHAPTER, TRI-DELTA NATIONAL, FACULTY, ALUMNI, EXEC, and \nORAZIO PETITO,  who were and are legally responsible for the acts complained of herein that \nwere committed by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR,  and failed to properly supervise and/or monitor the activities of Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR.  \nJURISDICTION AND VENUE \n109. \nVenue is proper because Plaintiff JANE DOE currently resides in the State and \nCounty of New York. \n110. \nVenue is proper because Defendant CORNELL is a private institution of higher \neducation located in and authorized to transact business in New York with office located in New \nYork County as well as Tompkins County, New York. \n111. \nVenue is proper because Defendant XI CHAPTER is a domestic not-for-profit \ncorporation located in and authorized to transact business in New York with its principal office \nlocated in Tompkins County, New York. \n112. \nVenue is proper because Defendant CHI PHI NATIONAL is a domestic not-for-\nprofit corporation located in and authorized to transact business in New York with a regional \nsubsidiary known as the Xi Chapter, located in Tompkins County, New York. \n113. \nVenue is proper because Defendant ALPHA BETA CHAPTER is a domestic not-\nfor-profit corporation located in and authorized to transact business in New York with its principal \noffice located in Tompkins County, New York. \n114. \nVenue is proper because Defendant TRI-DELTA NATIONAL is a domestic not-\nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 20 ---\n20 \nfor-profit corporation located in and authorized to transact business in New York with a regional \nsubsidiary known as the Alpha Beta Chapter, located in Tompkins County, New York. \n115. \nVenue is proper because Defendant MOONIES is a domestic limited liability \ncompany located in and authorized to transact business in New York with its principal office \nlocated in Tompkins County, New York. \n116. \nThe amount of damages sought herein exceeds the jurisdictional limit of all lower \ncourts which would otherwise have jurisdiction. \nFOREWORD \n117. \nIn August 2022, Plaintiff was 18 years old when she flew across the country from \nher family home to begin her studies at Cornell University (the \u201cUniversity\u201d), with similar hopes, \nexpectations and trepidations of other high school graduates embarking on something so seemingly \nmonumental. She arrived on a campus where the University actively promoted Greek membership \nas a \u201cvital\u201d part of the campus community and endorsed these organizations as well- managed, \nworthy pathways to new friendships and improving one\u2019s educational and professional \nopportunities. Large fraternity and sorority houses were in prominent locations on campus. \n118. \nBefore and when Plaintiff set foot on campus, she never knew that the University \nhad been the scene of numerous incidents of sexual assault and rape in the months and years prior \nto her arrival. Students were afraid, protesting, and demanding reforms.  \n119. \nBy this time, the University had established campus organizations to address these \nprevailing issues, such as the SHARE (\u201cSexual Harassment & Assault\u2013Response & Education\u201d) \nOffice, implementing anti-sexual violence training in the University\u2019s Greek houses, advising \nincoming students about the risks of sexual assault and harassment in college, and offering support \nservices to victims/survivors. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 21 ---\n21 \n120. \nThese reforms took place after Resolution 34 was passed in on March 19, 2021, \nrequesting that \u201cCornell University review policies and action items over fraternity system, \nincluding reform, disband or abolish\u201d and have the \u201cOffice of Sorority and Fraternity Life to \nperform a yearly review of all fraternities and any fraternity accused of sexual harassment will be \nplaced on probation or have its recognition revoked.\u201d  \n121. \nEven still, in the following Fall 2022 semester, Cornell University saw at least 5 \nreported cases of drugging and 2 reports of sexual assault on Cornell\u2019s campus, all of which \noccurred at fraternity addresses. This triggered a response from the Cornell University Student \nAssembly who presented Resolution 16: Condemning Greek Life on December 1, 2022. \n122. \nPlaintiff also never knew that the dangers of fraternities were so widespread in the \ndecade before her arrival that they had been ranked as the \u201csixth worst risk for insurance companies \n\u2013 just behind hazardous waste disposal companies and asbestos contractors.\u201d So dangerous were \ntheir activities that their commercial insurance carriers declined insuring them any further. \n123. \nNational fraternities and sororities and their executives knew that fraternity \nchapters and members were incapable of responsibly managing the provision, use and misuse of \nalcohol and drugs in fraternity houses, during recruiting, and at Greek-sponsored events. One \nfraternity executive and industry leader confirmed that 99% of insurance claims were related to \nthe misuse of alcohol. Fraternity recruiting events with alcohol would eventually be labeled by \nanother fraternity executive and industry leader as being the \u201cdeadliest nights.\u201d \n124. \nFurther, Plaintiff was also unaware that a President of Psi Upsilon at Cornell \nUniversity, Wolfgang Ballinger, was charged with first-degree attempted rape, first-degree \ncriminal sex act with a helpless victim, and sexual misconduct after raping a female student at his \nfraternity residence in 2016. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 22 ---\n22 \n125. \nFurthermore, in November 2022, Cornell\u2019s campus police issued alerts that a \nfemale student was sexually assaulted and at least four other students were drugged at off-campus \nfraternity parties.1 \n126. \nDuring this period, a loose coalition of student activists began a movement known \nas the Ban Greek Life or Abolish Greek Life Movement which gained significant momentum in \n2020 and continues to present.  \n127. \nHowever, despite the Abolish Greek Life Movement and all the bad press that \nfraternities and sororities had been receiving in the media since the early 2000s, upon her arrival \nat Cornell, Plaintiff immediately encountered a glorified \u2013 yet materially false and misleading \u2013 \nfa\u00e7ade of Cornell University Greek life. \n128. \nALPHA BETA CHAPTER, a regional member of TRI-DELTA NATIONAL\u2019s \nnational sorority, established at Cornell University in 1913, operated and recruited new members \nand revenue through its Alpha Beta Chapter, which was housed in a stately, all-brick mansion \nsituated in a prominent location on campus.  \n129. \nThe University provided its facilities, staff and resources to schedule and organize \n\u201crush,\u201d which encouraged students to join these organizations after reviewing and relying upon \nthe promotional information it and the Greek organizations provided. \n130. \nPlaintiff followed the pathway, applied for, and accepted a bid to pledge TRI-\nDELTA NATIONAL\u2019s Alpha Beta Chapter. ALPHA BETA CHAPTER quickly became her first \nchoice after rush began. She was drawn to the sorority and its promises of sisterhood and lifelong \nfriendships, the status it conferred on its members, and the community it provided on campus when \nshe was over 1,000 miles away from home. By this date, TRI-DELTA NATIONAL\u2019s leadership \n \n1 https://www.nytimes.com/2022/11/07/nyregion/cornell-fraternities-sexual-assault.html  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 23 ---\n23 \nhad banned the presence and use of alcohol and drugs in its chapter houses, presumably based \nupon its knowledge that its mismanagement had resulted in numerous incidents of rapes and other \ninjuries. \nFACTS COMMON TO ALL CAUSES OF ACTION \n131. \nPlaintiff JANE DOE repeats and re-alleges the above allegations.  \n132. \nThat the occurrence complained of herein took place within CHI PHI \nNATIONAL\u2019s Xi Chapter\u2019s fraternity house, located upon CORNELL\u2019s campus, at the address \n107 Edgemoor Ln, Ithaca, New York 14850, where Plaintiff was drugged and raped by multiple \nmembers of CHI PHI NATIONAL\u2019s fraternal organization. At all relevant times, Plaintiff was \nattending CORNELL as a full-time undergraduate student and was residing on CORNELL\u2019s \ncampus within TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter sorority house, located at 118 \nTriphammer Rd, Ithaca, New York 14850. \n133. \nOn the evening of October 19, 2024, into the morning of October 20, 2024, Plaintiff \nDOE was the victim of one or more criminal sex acts at the hands of Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR (hereinafter \u201cStudent \nDefendants\u201d). \n134. \nPlaintiff DOE was in a very vulnerable situation when she was sexually assaulted \nby \nDefendants \nINGALLS, \nNEWELL, \nLEE, \nLOPES, \nSARABIA, \nNORRIS, \nand \nKRETZSCHMAR, of which the Student Defendants were fully aware. \n135. \nOn October 19, 2024, TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter was hosting \na social event at Moonies Bar & Nightclub located at 114 E State St, Ithaca, NY 14850. \n136. \nOn October 19, 2024, prior to the event at Moonies, Plaintiff consumed Tito\u2019s \nvodka within TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter\u2019s sorority house located at 118 \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 24 ---\n24 \nTriphammer Rd, Ithaca, New York 14850, until she was intoxicated. \n137. \nThereafter, around 8:30 PM, Plaintiff took an Uber from ALPHA BETA \nCHAPTER\u2019s sorority house on CORNELL\u2019s campus to Moonies Bar & Nightclub, accompanied \nby the Chapter\u2019s Sorority House Mother, \u201cJade\u201d. \n138. \nWhen Plaintiff arrived at Moonies, around 9 PM, the bouncer placed an \u201cX\u201d on \neach of her hands, to signify she was under 21 years old. \n139. \nDespite having underage marks on her hands, Plaintiff was served and consumed \nat least one alcoholic beverage at Moonies. \n140. \nWithin Moonies, TRI-DELTA NATIONAL\u2019s Alpha Beta Chapter had designated \nsober monitors, tasked with ensuring the safety and well-being of attendees and monitoring their \nfellow sorority sisters for signs of excessive intoxication and/or disruptive behavior. \n141. \nAround 10 PM, Plaintiff and other sorority sisters left the event at Moonies and \nwalked to another bar nearby known as Lot 10 Bar and Lounge, located at 106 S Cayuga St, Ithaca, \nNY 14850. \n142. \nAt Lot 10, Plaintiff was given an \u201cunder 21\u201d wristband. \n143. \nAround 11 PM, Plaintiff decided to leave Lot 10 and stumbled alone to CHI PHI \nNATIONAL\u2019s Xi Chapter fraternity house on CORNELL\u2019s campus, located at 107 Edgemoor Ln, \nIthaca, New York 14850, to hang out with her friend, Defendant INGALLS. \n144. \nWhen Plaintiff arrived at XI CHAPTER\u2019s fraternity house, Plaintiff was visibly \nintoxicated as she had consumed about 10 standard drinks within the past 3 hours. \n145. \nPlaintiff was let into XI CHAPTER\u2019s fraternity house by three or four members of \nthe fraternity who had been standing by the front door. \n146. \nTherein, Plaintiff saw Defendant INGALLS, who greeted Plaintiff and gave her a \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 25 ---\n25 \nbeer. \n147. \nPlaintiff and Defendant INGALLS then danced together in the main room of the \nfraternity house. \n148. \nAfter dancing, Defendant INGALLS pulled Plaintiff off to a quieter area and \npropositioned her with having a threesome with her and another one of his fraternity brothers. \n149. \nIn her drunken state, Plaintiff was incapable of consenting to this proposition. \n150. \nDespite being incapable of consent, Defendant INGALLS then led Plaintiff to the \nupstairs of the fraternity house and left her with Alex Vega, another XI CHAPTER member. \n151. \nAfter speaking with Alex for some time, Defendant INGALLS returned and led \nPlaintiff to another room down the hall, where Defendant NEWELL was sitting on a couch. \n152. \nWhile on the couch, Defendant INGALLS and NEWELL began passing around a \nplastic bag containing a white, powdery substance claimed to be Ketamine, a dissociative \nanesthetic with hallucinogenic properties. \n153. \nDefendants INGALLS and NEWELL then pressured Plaintiff into snorting the \nalleged Ketamine with them, a drug she had never done before. \n154. \nDuring this time, Defendant INGALLS and NEWELL also plied Plaintiff with \nmarijuana and \u201cJamaican Liquor\u201d believed to be some type of high-proof rum. \n155. \nSoon after, Defendant INGALLS and NEWELL began engaging in sexual acts with \nPlaintiff, all without her consent. \n156. \nDuring the assault, Defendant INGALLS forced oral sex on Plaintiff while \nDefendant NEWELL forced vaginal intercourse on her from behind. \n157. \n Throughout the assault, Defendant NEWELL slapped Plaintiff on the buttocks \nmultiple times, resulting in bruising. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 26 ---\n26 \n158. \nAt one point, Defendant INGALLS could no longer maintain an erection, so he \nstopped participating and told the other two that he was going to take a nap and proceeded to get \nup, move to a bed, and sleep. \n159. \nDefendant NEWELL then began reaching for her vagina with his hand multiple \ntimes, and each time, Plaintiff pushed his hand away. \n160. \nSoon after, Defendant LOPES entered the room, grabbed Plaintiff away from \nDefendant NEWELL, and began kissing her, while Defendant NEWELL groped her from behind, \nspecifically reaching for her vagina. \n161. \nDefendant LOPES and NEWELL then placed Plaintiff on a bed and the two men \nbegan having sex with Plaintiff, initiating another assault, all without Plaintiff\u2019s consent. \n162. \nAt approximately 1:42 AM, Defendant NEWELL sent a message into the XI \nCHAPTER\u2019s member Snapchat group entitled \u201cChi Phi Actives\u201d, in which the active fraternity \nmembers are present, claiming there was \u201cfree pussy\u201d upstairs, referring to Plaintiff thereat. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 27 ---\nChi Phi Actives\n- ini\u00b7.3\nCIm1. imm CId Phi At tive.\nI 'I'I'JII1@IlHF1\nFree possy\nin alum pu\nT!\nis\nis crazy work\n1 -\n90 Went 7 rnin\nago and\nis not afk sooo\na\nC-HI P\n. .\numni Shit\nb\ncot\na bit.\nfirst\nPerso\nyou Canwa\nin and wh\n.\nP it out\nI .. -\n27 \n \n\u201cChi Phi Actives\u201d Snapchat Group (October 20, 2024, at 1:42 AM) \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 28 ---\n28 \n163. \nIn doing so, Defendant NEWELL organized and encouraged other XI CHAPTER \nmembers to join in on the gang rape of Plaintiff in the XI CHAPTER fraternity house. \n164. \nAt this point, multiple other members of XI CHAPTER entered the room and \nPlaintiff retreated under the covers of the bed, to hide her naked body from the fraternity men. \n165. \nSoon after, Defendant SARABIA approached Plaintiff, grabbed her face and started \nkissing her, all without her consent, and Plaintiff pushed him away. \n166. \nAt that point, Plaintiff\u2019s phone was on the other side of the room and she felt as if \nthere was no way for her to escape this room full of predatory, fraternity men. \n167. \nDefendant NEWELL then poured a line of Ketamine onto his erect penis and \ncommanded that Plaintiff snort it, which she did. \n168. \nDefendant NEWELL then got in the bed with Plaintiff and began groping her and \nreaching for her vagina, again. \n169. \nWhile Plaintiff was lying on her back on the bed, Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, then began pouring lines \nof Ketamine all over her body and snorting them. \n170. \nEventually, Defendants NEWELL, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR, decided to exit this room and Plaintiff was removed by Defendant\u2019s INGALLS \nand LEE to another, smaller room, believed to be the Fraternity President\u2019s Office. \n171. \nOnce inside, Defendants INGALLS and LEE made more lines of Ketamine and \ninstructed Plaintiff to snort one, which she did. \n172. \nBy this point, Plaintiff was completely incapacitated. \n173. \nThereafter, Defendant INGALLS and LEE initiated another assault of Plaintiff, \nforcing oral and vaginal sex upon her simultaneously. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 29 ---\n29 \n174. \nAt around 5:45 AM, this assault concluded and Plaintiff lost consciousness.  \n175. \nWhen Plaintiff awoke later that day, on October 20, 2024, Plaintiff returned to her \nresidence within the ALPHA BETA CHAPTER sorority house. \n176. \nAt this point, Plaintiff was in a state of shock. \n177. \nAt her residence, Plaintiff noticed a large bruise that had formed on her buttocks \nand took preemptive medication for a urinary tract infection (UTI). \n178. \nLater that day, Plaintiff became aware that what had happened to her at the XI \nCHAPTER house the previous night was becoming public knowledge on CORNELL\u2019s campus. \n179. \nWith the encouragement of her friends, on or about November 8, 2024, Plaintiff \nreported the incident to CORNELL\u2019s private police force known as Cornell University Police \nDepartment located at 117 Statler Drive G2 Barton Hall, Ithaca, NY 14853. \n180. \nOn or about November 8, 2024, XI CHAPTER was placed on a temporary \nsuspension for alleged violations of the Student Code of Conduct.  \n181. \nOn or about November 8, 2024, temporary suspensions were also issued for several \nstudents, including Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR, who were afforded the opportunity to mitigate their conduct by submitting \nessays to CORNELL. \n182. \nOn November 26, 2024, CORNELL released a University Statement entitled \n\u201cUpdate on disturbing allegations of sexual violence\u201d, providing an update on its ongoing \ninvestigation into the \u201cserious and deeply disturbing allegations of drug abuse and sexual violence \nat the Chi Phi fraternity house\u201d 2 as further described in this Complaint. \n183. \nOn or about January 14, 2025, CORNELL commenced a Title IX investigation in \n \n2 https://statements.cornell.edu/2024/20241126-update.cfm  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 30 ---\n30 \nresponse to Plaintiff\u2019s Formal Complaint, filed with CORNELL\u2019s Title IX Coordinator. \n184. \nFrom May 2, 2025, up and through May 29, 2025, CORNELL\u2019s Title IX Office \nconducted numerous (at least twelve) hearings regarding Plaintiff\u2019s allegations herein. \n185. \nOn November 4, 2025, CORNELL released a University Statement entitled \u201c2025 \nCornell Survey of Sexual Assault and Related Misconduct results\u201d noting an increased prevalence \nof sexual misconduct on its campus, among other troubling results.3 \n186. \nUpon information and belief, CORNELL\u2019s Title IX investigation is concluded. \n187. \nUpon information and belief, the matter is also still being investigated by the Ithaca \nPolice Department. \n188. \nAt all times relevant, not only did Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR violate applicable law, but also violated the terms \noutlined in the Cornell Student Code of Conduct (effective August 2, 2021). \n189. \nUpon information and belief, at all relevant times, Defendant CORNELL managed, \nmaintained, supervised, operated, and controlled the facilities, locations, and equipment that \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nused to sexually abuse Plaintiff.  \n190. \nAt all relevant times, Defendant CORNELL hired, managed, supervised, and \ncontrolled the officers, managers, supervisors, administrators, and staff that worked and/or \nvolunteered at its facilities and locations, where Plaintiff was sexually assaulted and raped by \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \n191. \nAt all relevant times Defendant CORNELL held itself out to the public as the owner \nof its facilities and locations, including the XI CHAPTER\u2019s fraternity house, where Plaintiff was \n \n3 https://statements.cornell.edu/2025/20251104-sarm-survey.cfm  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 31 ---\n31 \nsexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR. \n192. \nAt all relevant times, Defendant CORNELL held out its agents, servants, and \nemployees to the public as those who managed, maintained, supervised, operated, and controlled \nits facilities and locations, including the XI CHAPTER\u2019s fraternity house, where Plaintiff was \nsexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR. \n193. \nAt all relevant times, Plaintiff was in the care, custody, and control of Defendant \nCORNELL when she was sexually abused by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR, while she was using its facilities, locations, and \nequipment, and more specifically, while Plaintiff was within the XI CHAPTER\u2019s fraternity house \non CORNELL\u2019s campus. \n194. \nAt all relevant times, Defendant CORNELL failed to prevent and/or allowed the \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nto sexually assault and rape Plaintiff.  \n195. \nAt all relevant times, Defendant CORNELL failed to prevent and/or allowed \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nto sexually abuse Plaintiff using property that was owned, operated, and/or controlled by \nDefendant CORNELL including its facilities, locations, and equipment.  \n196. \nAt all relevant times, Defendant CORNELL knew or should have known that its \nnegligent conduct would inflict severe emotional and psychological distress, as well as personal \nphysical injury, on others, including Plaintiff, and she did in fact suffer severe emotional and \npsychological distress and personal physical injury because of its wrongful conduct.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 32 ---\n32 \n197. \nUpon information and belief, at all relevant times, Defendant CHI PHI NATIONAL \nmanaged, maintained, supervised, operated, and controlled the facilities, locations, and equipment \nthat \nDefendants \nINGALLS, \nNEWELL, \nLEE, \nLOPES, \nSARABIA, \nNORRIS, \nand \nKRETZSCHMAR used to sexually abuse Plaintiff.  \n198. \nAt all relevant times, Defendant CHI PHI NATIONAL hired, managed, supervised, \nand controlled the officers, managers, supervisors, administrators, and staff that worked and/or \nvolunteered at its facilities and locations, where Plaintiff was sexually assaulted and raped by \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n199. \nAt all relevant times Defendant CHI PHI NATIONAL held itself out to the public \nas the owner of its facilities and locations, including the XI CHAPTER\u2019s fraternity house, where \nPlaintiff was sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR. \n200. \nAt all relevant times, Defendant CHI PHI NATIONAL held out its agents, servants, \nand employees to the public as those who managed, maintained, supervised, operated, and \ncontrolled its facilities and locations, including the XI CHAPTER\u2019s fraternity house, where \nPlaintiff was sexually assaulted and raped by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR. \n201. \nAt all relevant times, Plaintiff was in the care, custody, and control of Defendant \nCHI PHI NATIONAL when she was sexually abused by Defendants INGALLS, NEWELL, LEE, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR, while she was using its facilities, locations, \nand equipment, and more specifically, while Plaintiff was within the XI CHAPTER\u2019s fraternity \nhouse on CORNELL\u2019s campus. \n202. \nAt all relevant times, Defendant CHI PHI NATIONAL failed to prevent and/or \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 33 ---\n33 \nallowed Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR to sexually assault and rape Plaintiff.  \n203. \nAt all relevant times, Defendant CHI PHI NATIONAL failed to prevent and/or \nallowed Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR to sexually abuse Plaintiff using property that was owned, operated, and/or \ncontrolled by Defendant CHI PHI NATIONAL including its facilities, locations, and equipment.  \n204. \nAt all relevant times, Defendant CHI PHI NATIONAL knew or should have known \nthat its negligent conduct would inflict severe emotional and psychological distress, as well as \npersonal physical injury, on others, including Plaintiff, and she did in fact suffer severe emotional \nand psychological distress and personal physical injury because of its wrongful conduct.  \n205. \nBy reason of the wrongful acts and omissions of Defendants CORNELL, CHI PHI \nNATIONAL, XI CHAPTER, ALPHA BETA CHAPTER, TRI-DELTA-NATIONAL, \nMOONIES, FACULTY, ALUMNI, EXEC, PETITO, and all Student Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR as detailed herein, \nPlaintiff DOE sustained injuries, including but not limited to, severe emotional and psychological \ndistress, humiliation, fright, dissociation, anger, depression, anxiety, a severe shock to her nervous \nsystem, physical pain and mental anguish, and emotional and psychological damage.  \n206. \nUpon information and belief, some or all of these injuries are of a permanent and \nlasting nature, and Plaintiff has and/or will become obligated to expend sums of money for \ntreatment.  \nAS AND FOR A FIRST CAUSE OF ACTION: \nNEGLIGENCE \n \n207. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 34 ---\n34 \n208. \nAt all relevant times, Defendant CORNELL had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing its facilities, locations, and equipment.  \n209. \nAt all relevant times, Defendant CORNELL breached the foregoing duty by failing \nto exercise reasonable care to prevent Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing its facilities, locations, and equipment.  \n210. \nAt all relevant times, Defendant CORNELL breached the foregoing duty by failing \nto exercise reasonable care to prevent Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities \nto sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n211. \nAt all relevant times, Defendant CORNELL breached the foregoing duties by \nfailing to exercise reasonable care in supervising Student Defendants INGALLS, NEWELL, LEE, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, \nand instrumentalities, including failing to investigate complaints and concerns about their \nbehavior; failing to exercise reasonable care in training its agents and employees to supervise \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in its care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER\u2019s fraternity house located on its \ncampus; and, in failing to warn Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 35 ---\n35 \nSARABIA, NORRIS, and KRETZSCHMAR may pose a danger to Plaintiff in that they might \nsexually abuse her.  \n212. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCORNELL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n213. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCORNELL, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n214. \nAt all relevant times, Defendant XI CHAPTER had a duty to take reasonable steps \nto protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing its facilities, locations, and equipment.  \n215. \nAt all relevant times, Defendant XI CHAPTER breached the foregoing duty by \nfailing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing its facilities, locations, and equipment.  \n216. \nAt all relevant times, Defendant XI CHAPTER breached the foregoing duty by \nfailing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 36 ---\n36 \nSARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities \nto sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n217. \nAt all relevant times, Defendant XI CHAPTER breached the foregoing duties by \nfailing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n218. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nXI CHAPTER, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n219. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nXI CHAPTER, Plaintiff DOE sustained physical and psychological injuries, including but not \nlimited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 37 ---\n37 \n220. \nAt all relevant times, Defendant CHI PHI NATIONAL had a duty to take \nreasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing its facilities, locations, and equipment.  \n221. \nAt all relevant times, Defendant CHI PHI NATIONAL breached the foregoing duty \nby failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing its facilities, locations, and equipment.  \n222. \nAt all relevant times, Defendant CHI PHI NATIONAL breached the foregoing duty \nby failing to exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities \nto sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n223. \nAt all relevant times, Defendant CHI PHI NATIONAL breached the foregoing \nduties by failing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, \nLEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, \npremises, and instrumentalities, including failing to investigate complaints and concerns about \ntheir behavior; failing to exercise reasonable care in training its agents and employees to supervise \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in its care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 38 ---\n38 \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n224. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCHI PHI NATIONAL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n225. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nCHI PHI NATIONAL, Plaintiff DOE sustained physical and psychological injuries, including but \nnot limited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n226. \nAt all relevant times, Defendant ALPHA BETA CHAPTER had a duty to take \nreasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing its facilities, locations, and equipment, including the ALPHA BETA \nCHAPTER\u2019s sorority house on CORNELL\u2019s campus and its social event held at Moonies Bar & \nNightclub.  \n227. \nAt all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing \nduty by failing to exercise reasonable care to prevent Plaintiff from binge drinking at its sorority \nhouse on CORNELL\u2019s campus, when Plaintiff was in its care, custody, and control, and was \nutilizing its facilities, locations, and equipment, including the ALPHA BETA CHAPTER sorority \nhouse on CORNELL\u2019s campus and its social event held at Moonies Bar & Nightclub. \n228. \nAt all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 39 ---\n39 \nduty by failing to exercise reasonable care to prevent underage members from binge drinking at \nits sorority house and its social events. \n229. \nAt all relevant times, Defendant ALPHA BETA CHAPTER breached the foregoing \nduties by failing to exercise reasonable care in supervising Plaintiff when she was using its tasks, \npremises, and instrumentalities, including failing to adequately train its designated sober monitors; \nfailing to  adequately train its designated House Mother; failing to investigate complaints and \nconcerns about member behavior; failing to exercise reasonable care in training its agents and \nemployees to supervise Plaintiff, including recognizing signs that she was intoxicated and drinking \nalcohol under the age of 21-years-old; failing to exercise reasonable care in supervising Plaintiff \nwhile she was in its care, custody, and control, including the ongoing activities at the ALPHA \nBETA CHAPTER sorority house located on its campus; and, in failing to warn Plaintiff that she \nmight be sexually abused by other Greek Life members.  \n230. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALPHA BETA CHAPTER, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n231. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALPHA BETA CHAPTER, Plaintiff DOE sustained physical and psychological injuries, \nincluding but not limited to, severe emotional and psychological distress, humiliation, fright, \ndissociation, anger, depression, anxiety, a severe shock to her nervous system, physical pain and \nmental anguish, and emotional and psychological damage, and, upon information and belief, some \nor all of these injuries are of a permanent and lasting nature, and Plaintiff has and/or will become \nobligated to expend sums of money for treatment.  \n232. \nAt all relevant times, Defendant TRI-DELTA NATIONAL had a duty to take \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 40 ---\n40 \nreasonable steps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing its facilities, locations, and equipment, including the ALPHA BETA \nCHAPTER\u2019s sorority house on CORNELL\u2019s campus and its social event held at Moonies Bar & \nNightclub.  \n233. \nAt all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing \nduty by failing to exercise reasonable care to prevent Plaintiff from binge drinking at its sorority \nhouse on CORNELL\u2019s campus, when Plaintiff was in its care, custody, and control, and was \nutilizing its facilities, locations, and equipment, including the ALPHA BETA CHAPTER sorority \nhouse on CORNELL\u2019s campus and its social event held at Moonies Bar & Nightclub. \n234. \nAt all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing \nduty by failing to exercise reasonable care to prevent underage members from binge drinking at \nits sorority house and its social events. \n235. \nAt all relevant times, Defendant TRI-DELTA NATIONAL breached the foregoing \nduties by failing to exercise reasonable care in supervising Plaintiff when she was using its tasks, \npremises, and instrumentalities, including failing to adequately train its designated sober monitors; \nfailing to  adequately train its designated House Mother; failing to investigate complaints and \nconcerns about member behavior; failing to exercise reasonable care in training its agents and \nemployees to supervise Plaintiff, including recognizing signs that she was intoxicated and drinking \nalcohol under the age of 21-years-old; failing to exercise reasonable care in supervising Plaintiff \nwhile she was in its care, custody, and control, including the ongoing activities at the ALPHA \nBETA CHAPTER sorority house located on its campus; and, in failing to warn Plaintiff that she \nmight be sexually abused by other Greek Life members.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 41 ---\n41 \n236. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nTRI-DELTA NATIONAL, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n237. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nTRI-DELTA NATIONAL, Plaintiff DOE sustained physical and psychological injuries, including \nbut not limited to, severe emotional and psychological distress, humiliation, fright, dissociation, \nanger, depression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, \nand emotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n238. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n239. \nAt all relevant times, Defendant MOONIES had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a guest and/or invitee upon its premises known as Moonies Bar & \nNightclub, and was utilizing its facilities, locations, and equipment.  \n240. \nAt all relevant times, Defendant MOONIES breached the foregoing duty by failing \nto exercise reasonable care in its care, custody, and control of Moonies Bar & Nightclub as well \nas those utilizing its facilities, locations, and equipment, including Plaintiff threat. \n241. \nAt all relevant times, Defendant MOONIES breached the foregoing duties by \nfailing to exercise reasonable care in supervising Plaintiff when she was using its tasks, premises, \nand instrumentalities, including failing to monitor its bartenders and/or servers; failing to \ninvestigate concerns about overpouring; failing to investigate concerns about serving minors; \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 42 ---\n42 \nfailing to exercise reasonable care in training its agents and employees to supervise Plaintiff, \nincluding recognizing signs that Plaintiff was underaged and that she was intoxicated; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at Moonies Bar & Nightclub; and, in failing to warn Plaintiff about \nthe dangers of being at Moonies Bar & Nightclub.  \n242. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nMOONIES, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to sexually abuse Plaintiff.  \n243. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nMOONIES, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n244. \nAt all relevant times, Defendant FACULTY had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n245. \nAt all relevant times, Defendant FACULTY breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 43 ---\n43 \nDefendant CORNELL and was utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n246. \nAt all relevant times, Defendant FACULTY breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n247. \nAt all relevant times, Defendant FACULTY breached the foregoing duties by \nfailing to exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER\u2019s fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n248. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nFACULTY, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n249. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nFACULTY, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 44 ---\n44 \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n250. \nAt all relevant times, Defendant ALUMNI had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n251. \nAt all relevant times, Defendant ALUMNI breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n252. \nAt all relevant times, Defendant ALUMNI breached the foregoing duty by failing \nto exercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n253. \nAt all relevant times, Defendant ALUMNI breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 45 ---\n45 \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER\u2019s fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n254. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALUMNI, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n255. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nALUMNI, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n256. \nAt all relevant times, Defendant EXEC had a duty to take reasonable steps to protect \nPlaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, including \nwhen Plaintiff was a full-time undergraduate student of Defendant CORNELL and was utilizing \nXI CHAPTER\u2019s facilities, locations, and equipment.  \n257. \nAt all relevant times, Defendant EXEC breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 46 ---\n46 \n258. \nAt all relevant times, Defendant EXEC breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n259. \nAt all relevant times, Defendant EXEC breached the foregoing duties by failing to \nexercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nincluding the ongoing activities at the XI CHAPTER\u2019s fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n260. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nEXEC, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n261. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nEXEC, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 47 ---\n47 \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n262. \nAt all relevant times, Defendant PETITO had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in its care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student of Defendant CORNELL and was \nutilizing its facilities, locations, and equipment.  \n263. \nAt all relevant times, Defendant PETITO breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in its care, \ncustody, and control, including when Plaintiff was a full-time undergraduate student of Defendant \nCORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n264. \nAt all relevant times, Defendant PETITO breached the foregoing duty by failing to \nexercise reasonable care to prevent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from using its tasks, premises, and instrumentalities to sexually \nabuse Plaintiff, including its facilities, locations, and equipment.  \n265. \nAt all relevant times, Defendant PETITO breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR when they were using its tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nfailing to exercise reasonable care in training its agents and employees to supervise Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, including \nrecognizing signs that they were using their positions to sexually abuse fellow students; failing to \nexercise reasonable care in supervising Plaintiff while she was in its care, custody, and control, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 48 ---\n48 \nincluding the ongoing activities at the XI CHAPTER fraternity house; and, in failing to warn \nPlaintiff that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n266. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nPETITO, Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR were able to use their positions to sexually abuse Plaintiff.  \n267. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nPETITO, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n268. \nAt all relevant times, Defendant INGALLS had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n269. \nAt all relevant times, Defendant INGALLS breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n270. \nAt all relevant times, Defendant INGALLS breached the foregoing duty by failing \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 49 ---\n49 \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n271. \nAt all relevant times, Defendant INGALLS breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n272. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nINGALLS, Defendants NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n273. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nINGALLS, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n274. \nAt all relevant times, Defendant NEWELL had a duty to take reasonable steps to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 50 ---\n50 \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n275. \nAt all relevant times, Defendant NEWELL breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants INGALLS, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n276. \nAt all relevant times, Defendant NEWELL breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants INGALLS, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n277. \nAt all relevant times, Defendant NEWELL breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants INGALLS, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants INGALLS, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n278. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNEWELL, Defendants INGALLS, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 51 ---\n51 \nwere able to use their positions to sexually abuse Plaintiff.  \n279. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNEWELL, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n280. \nAt all relevant times, Defendant LEE had a duty to take reasonable steps to protect \nPlaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n281. \nAt all relevant times, Defendant LEE breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when \nPlaintiff was in its care, custody, and control, including when Plaintiff was a full-time \nundergraduate student of Defendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, \nlocations, and equipment.  \n282. \nAt all relevant times, Defendant LEE breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, \nLOPES, SARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, \npremises, and instrumentalities to sexually abuse Plaintiff, including its facilities, locations, and \nequipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 52 ---\n52 \n283. \nAt all relevant times, Defendant LEE breached the foregoing duties by failing to \nexercise reasonable care in supervising Defendants NEWELL, INGALLS, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n284. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLEE, Defendants NEWELL, INGALLS, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n285. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLEE, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n286. \nAt all relevant times, Defendant LOPES had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 53 ---\n53 \n287. \nAt all relevant times, Defendant LEE breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was \nin its care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n288. \nAt all relevant times, Defendant LOPES breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n289. \nAt all relevant times, Defendant LOPES breached the foregoing duties by failing to \nexercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, SARABIA, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n290. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLOPES, Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n291. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLOPES, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 54 ---\n54 \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n292. \nAt all relevant times, Defendant SARABIA had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n293. \nAt all relevant times, Defendant SARABIA breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nLOPES, NORRIS, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in \nits care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \n294. \nAt all relevant times, Defendant SARABIA breached the foregoing duty by failing \nto exercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nLOPES, NORRIS, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n295. \nAt all relevant times, Defendant SARABIA breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, LOPES, \nNORRIS, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 55 ---\n55 \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, LOPES, NORRIS, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n296. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nSARABIA, Defendants NEWELL, INGALLS, LEE, LOPES, NORRIS, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n297. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nLOPES, Plaintiff DOE sustained physical and psychological injuries, including but not limited to, \nsevere emotional and psychological distress, humiliation, fright, dissociation, anger, depression, \nanxiety, a severe shock to her nervous system, physical pain and mental anguish, and emotional \nand psychological damage, and, upon information and belief, some or all of these injuries are of a \npermanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of \nmoney for treatment.  \n298. \nAt all relevant times, Defendant NORRIS had a duty to take reasonable steps to \nprotect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and control, \nincluding when Plaintiff was a full-time undergraduate student at Cornell University and was \nutilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n299. \nAt all relevant times, Defendant NORRIS breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, LOPES, and KRETZSCHMAR from sexually abusing Plaintiff when Plaintiff was in \nits care, custody, and control, including when Plaintiff was a full-time undergraduate student of \nDefendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and equipment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 56 ---\n56 \n300. \nAt all relevant times, Defendant NORRIS breached the foregoing duty by failing to \nexercise reasonable care to prevent himself, along with Defendants NEWELL, INGALLS, LEE, \nSARABIA, LOPES, and KRETZSCHMAR from using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n301. \nAt all relevant times, Defendant NORRIS breached the foregoing duties by failing \nto exercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, SARABIA, \nLOPES, and KRETZSCHMAR when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, SARABIA, LOPES, and \nKRETZSCHMAR may pose a danger to Plaintiff in that they might sexually abuse her.  \n302. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNORRIS, Defendants NEWELL, INGALLS, LEE, SARABIA, LOPES, and KRETZSCHMAR \nwere able to use their positions to sexually abuse Plaintiff.  \n303. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nNORRIS, Plaintiff DOE sustained physical and psychological injuries, including but not limited \nto, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 57 ---\n57 \n304. \nAt all relevant times, Defendant KRETZSCHMAR had a duty to take reasonable \nsteps to protect Plaintiff DOE from foreseeable harm when Plaintiff was in his care, custody, and \ncontrol, including when Plaintiff was a full-time undergraduate student at Cornell University and \nwas utilizing XI CHAPTER\u2019s facilities, locations, and equipment.  \n305. \nAt all relevant times, Defendant KRETZSCHMAR breached the foregoing duty by \nfailing to exercise reasonable care to prevent himself, along with Defendants NEWELL, \nINGALLS, LEE, SARABIA, NORRIS, and LOPES from sexually abusing Plaintiff when Plaintiff \nwas in its care, custody, and control, including when Plaintiff was a full-time undergraduate \nstudent of Defendant CORNELL and was utilizing XI CHAPTER\u2019S facilities, locations, and \nequipment.  \n306. \nAt all relevant times, Defendant KRETZSCHMAR breached the foregoing duty by \nfailing to exercise reasonable care to prevent himself, along with Defendants NEWELL, \nINGALLS, LEE, SARABIA, NORRIS, and LOPES from using XI CHAPTER\u2019s tasks, premises, \nand instrumentalities to sexually abuse Plaintiff, including its facilities, locations, and equipment.  \n307. \nAt all relevant times, Defendant KRETZSCHMAR breached the foregoing duties \nby failing to exercise reasonable care in supervising Defendants NEWELL, INGALLS, LEE, \nSARABIA, NORRIS, and LOPES when they were using XI CHAPTER\u2019s tasks, premises, and \ninstrumentalities, including failing to investigate complaints and concerns about their behavior; \nincluding recognizing signs that they were using their positions to sexually abuse fellow students; \nfailing to exercise reasonable care in supervising Plaintiff while she was in his care, custody, and \ncontrol, including the ongoing activities at the XI CHAPTER fraternity house; and, in failing to \nwarn Plaintiff that Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and LOPES \nmay pose a danger to Plaintiff in that they might sexually abuse her.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 58 ---\n58 \n308. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nKRETZSCHMAR, Defendants NEWELL, INGALLS, LEE, SARABIA, NORRIS, and LOPES \nwere able to use their positions to sexually abuse Plaintiff.  \n309. \nAs a direct and proximate result of the wrongful acts and omissions of Defendant \nKRETZSCHMAR, Plaintiff DOE sustained physical and psychological injuries, including but not \nlimited to, severe emotional and psychological distress, humiliation, fright, dissociation, anger, \ndepression, anxiety, a severe shock to her nervous system, physical pain and mental anguish, and \nemotional and psychological damage, and, upon information and belief, some or all of these \ninjuries are of a permanent and lasting nature, and Plaintiff has and/or will become obligated to \nexpend sums of money for treatment.  \n310. \nThe amount of damages sought exceeds the jurisdictional limits of all lower courts \nwhich would otherwise have jurisdiction.   \nAS AND FOR A SECOND CAUSE OF ACTION: \nNEGLIGENT RETENTION, SUPERVISION, AND/OR DIRECTION  \n \n311. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n312. \nThe abuse of Plaintiff JANE DOE occurred on the night of October 19, 2024, into \nthe morning of October 20, 2024, while Plaintiff was a full-time undergraduate student under the \ncare of Defendant CORNELL.  \n313. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded an undergraduate University campus, located at 616 Thurston Ave, \nIthaca, NY 14853. \n314. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the Greek Houses thereat. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 59 ---\n59 \n315. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the ALPHA BETA CHAPTER \nsorority house, located at 118 Triphammer Rd, Ithaca, New York 14850. \n316. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the XI CHAPTER fraternity house, \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n317. \nThat at all relevant times, Defendant CORNELL was and is a private institution of \nhigher education with its principal address at 373 Pine Tree Road, Ithaca, New York 14850. \n318. \nThat at all relevant times, CORNELL maintained, operated and controlled the \nprivate ivy-league university known as Cornell University, with a mailing address of 616 Thurston \nAvenue, Ithaca, New York 14853. \n319. \nAt all times relevant, Defendant CORNELL was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid college campus, sorority house, and fraternity house \nin a safe, lawful, and proper fashion.  \n320. \nAt all times relevant, Defendant CORNELL had a duty to safeguard and supervise \nstudents utilizing the aforesaid college campus, sorority house, and fraternity house, including \nPlaintiff.  \n321. \nAt all times relevant, Defendant CORNELL hired and employed certain individuals \nto carry out its business operations, including police officers, faculty members, sponsors, \nadministrators, and supervisors. \n322. \nAt all times relevant, Defendant CORNELL, its agents, servants and/or employees \nbreached their duty to maintain the aforesaid college campus, sorority house, and fraternity house, \nhigh in a reasonably safe condition and manner.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 60 ---\n60 \n323. \nAt all times relevant, Defendant CORNELL, its agents, servants and/or employees \nbreached their duty to supervise its students, including Plaintiff DOE and Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, in a reasonably safe \nmanner.  \n324. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty of care because \nit had a special relationship with Plaintiff.  \n325. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty to protect her \nfrom harm because Defendant CORNELL had a special relationship with Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n326. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty to protect her \nfrom harm because Defendant CORNELL had a contractual relationship with Plaintiff. \n327. \nAt all times relevant, Defendant CORNELL owed Plaintiff a duty to protect her \nfrom harm because Defendant CORNELL had a contractual relationship with Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n328. \nBy accepting Plaintiff as a full-time undergraduate student at the college campus, \nsorority house, and fraternity house, and holding their facilities out to be a safe environment for \nPlaintiff, and by establishing a fiduciary relationship with Plaintiff at all times relevant, Defendant \nCORNELL entered into an express and/or implied duty to properly supervise Plaintiff and provide \na reasonably safe environment for students attending their University. Defendant CORNELL owed \nPlaintiff a duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n329. \nAt all times relevant, Defendant CORNELL breached its duties to the Plaintiff, as \nthese harms were reasonably foreseeable and Defendant CORNELL failed to protect her. \n330. \nDefendant CORNELL\u2019s breach of their duties include, but are not limited to: failure \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 61 ---\n61 \nto protect Plaintiff from a known danger; failure to have sufficient policies and procedures in place \nto prevent sex abuse and assault being committed by any of their students; failure to properly \nimplement policies and procedures to prevent sex abuse and assault; failure to take reasonable \nmeasures to ensure that policies and procedures to prevent sex abuse and assault were working; \nfailure to investigate risks of sexual assault; failure to properly train the employees at their \nfacilities; failed to have any outside agency test their safety procedures; and failure to train its \nemployees properly to identify signs of sexual abuse and sexual assault. \n331. \nAt all times relevant, Defendant CORNELL failed to use ordinary care in \ndetermining whether the aforesaid college campus, sorority house, and fraternity house, were safe \nfor Plaintiff. \n332. \nThat prior to the subject incident, Defendant CORNELL knew or should have \nknown that XI CHAPTER had a history of drug-use culture, specifically ketamine.  \n333. \nUpon information and belief, one week prior to the subject assault, police \nresponded to a drug-related incident at the XI CHAPTER house. \n334. \nDefendant CORNELL, by and through its agents, servants and/or employees, \nbecame aware, or through the exercise of reasonable care, supervision, and investigation, should \nhave become aware of Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR\u2019 propensity to commit sexual assault and of the risk they posed to \nPlaintiff\u2019s safety.  \n335. \nAt the very least, Defendant CORNELL knew, or should have known, that they did \nnot have sufficient information about whether the college campus, sorority house, and fraternity \nhouse, were safe and if Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 62 ---\n62 \nand KRETZSCHMAR posed a danger to fellow students, including Plaintiff, at Defendant \nCORNELL\u2019s University. \n336. \nDefendant CORNELL breached their duty to Plaintiff by failing to warn her of the \nrisks that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR posed and the risks of sexual assault occurring on the aforesaid college campus, \nsorority house, and fraternity house, during the relevant time period.  \n337. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant CORNELL. \n338. \nDefendant CORNELL, its employees, managers, administrators, and staff were on \nactual and/or constructive notice that Plaintiff was being sexually abused by other students at \nDefendant CORNELL\u2019s University.  \n339. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n340. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant CORNELL, their agents, servants and/or employees, in \nthe ownership, operation, management, supervision, maintenance and control of the aforesaid \ncollege campus, sorority house, and fraternity house, and its students and employees therein.  \n341. \nDefendant CORNELL\u2019s actions were intentional, done with malice, cruelty and/or \na deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done in \nconscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s physical \nand emotional wellbeing. Defendant CORNELL\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 63 ---\n63 \nfor the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant CORNELL. \n342. \nAt all times relevant, Defendant XI CHAPTER operated, controlled, managed, \nsupervised and/or funded the Xi Chapter of Chi Phi Fraternity at Cornell University, with its \nfraternity house located at 107 Edgemoor Ln, Ithaca, New York 14850. \n343. \nThat at all relevant times, XI CHAPTER was and is a domestic not-for-profit \ncorporation which owned and operated the Xi Chapter of Chi Phi at Cornell University\u2019s house \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n344. \nAt all times relevant, Defendant XI CHAPTER was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid fraternity house in a safe, lawful, and proper \nfashion.  \n345. \nAt all times relevant, Defendant XI CHAPTER had a duty to safeguard and \nsupervise students utilizing the aforesaid fraternity house, including Plaintiff and Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR.  \n346. \nAt all times relevant, Defendant XI CHAPTER hired and employed certain \nindividuals to carry out its business operations, including security guards, alumni, sponsors, \nadministrators, sober monitors, and supervisors. \n347. \nAt all times relevant, Defendant XI CHAPTER, its agents, servants and/or \nemployees breached their duty to maintain the aforesaid fraternity house, high in a reasonably safe \ncondition and manner.  \n348. \nAt all times relevant, Defendant XI CHAPTER, its agents, servants and/or \nemployees breached their duty to supervise students utilizing the fraternity house, including \nPlaintiff and Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 64 ---\n64 \nKRETZSCHMAR, in a reasonably safe manner.  \n349. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty of care \nbecause it had a special relationship with Plaintiff.  \n350. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty to protect her \nfrom harm because Defendant XI CHAPTER had a special relationship with Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n351. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty to protect her \nfrom harm because Defendant XI CHAPTER had a contractual relationship with Defendant \nCORNELL. \n352. \nAt all times relevant, Defendant XI CHAPTER owed Plaintiff a duty to protect her \nfrom harm because Defendant XI CHAPTER had a contractual relationship with Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n353. \nBy accepting Plaintiff at the XI CHAPTER fraternity house, and holding their \nfacilities out to be a safe environment for Plaintiff, and by establishing a fiduciary relationship \nwith Plaintiff at all times relevant, Defendant XI CHAPTER entered into an express and/or implied \nduty to properly supervise Plaintiff and provide a reasonably safe environment for students \nutilizing its fraternity house. Defendant XI CHAPTER owed Plaintiff a duty to properly supervise \nPlaintiff and protect her from foreseeable dangers. \n354. \nAt all times relevant, Defendant XI CHAPTER breached its duties to the Plaintiff, \nas these harms were reasonably foreseeable and Defendant XI CHAPTER failed to protect her. \n355. \nDefendant XI CHAPTER\u2019s breach of their duties include, but are not limited to: \nfailure to protect Plaintiff from a known danger; failure to have sufficient policies and procedures \nin place to prevent sex abuse and assault being committed by any of their students; failure to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 65 ---\n65 \nproperly implement policies and procedures to prevent sex abuse and assault; failure to take \nreasonable measures to ensure that policies and procedures to prevent sex abuse and assault were \nworking; failure to investigate risks of sexual assault; failure to properly train the employees at \ntheir facilities; failed to have any outside agency test their safety procedures; and failure to train \nits employees properly to identify signs of sexual abuse and sexual assault. \n356. \nAt all times relevant, Defendant XI CHAPTER failed to use ordinary care in \ndetermining whether the aforesaid fraternity house was safe for Plaintiff. \n357. \nThat prior to the subject incident, Defendant XI CHPTER knew or should have \nknown that XI CHAPTER had a history of drug-use culture, specifically ketamine.  \n358. \nUpon information and belief, one week prior to the subject assault, police \nresponded to a drug-related incident at the XI CHAPTER house. \n359. \nDefendant XI CHAPTER, by and through its agents, servants and/or employees, \nbecame aware, or through the exercise of reasonable care, supervision, and investigation, should \nhave become aware of Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR\u2019 propensity to commit sexual assault and of the risk they posed to \nPlaintiff\u2019s safety.  \n360. \nAt the very least, Defendant XI CHAPTER knew, or should have known, that they \ndid not have sufficient information about whether the fraternity house was safe and if Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR posed a \ndanger to fellow students, including Plaintiff. \n361. \nDefendant XI CHAPTER breached their duty to Plaintiff by failing to warn her of \nthe risks that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 66 ---\n66 \nKRETZSCHMAR posed and the risks of sexual assault occurring at the aforesaid fraternity house, \nduring the relevant time period.  \n362. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant XI CHAPTER. \n363. \nDefendant XI CHAPTER, its employees, managers, administrators, and staff were \non actual and/or constructive notice that Plaintiff was being sexually abused by Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, members of \ntheir fraternal organization, and within their fraternity house. \n364. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n365. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant XI CHAPTER, their agents, servants and/or employees, \nin the ownership, operation, management, supervision, maintenance and control of the aforesaid \ncollege campus, sorority house, and fraternity house, and its students and employees therein.  \n366. \nDefendant XI CHAPTER\u2019s actions were intentional, done with malice, cruelty \nand/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done \nin conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. Defendant XI CHAPTER\u2019s conduct was so outrageous, \nshocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as \nmeasured by what the average member of the community would tolerate and demonstrates an utter \ndisregard for the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant XI CHAPTER. \n367. \nAt all times relevant, Defendant CHI PHI NATIONAL operated, controlled, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 67 ---\n67 \nmanaged, supervised and/or funded the Xi Chapter of Chi Phi Fraternity at Cornell University, \nwith its fraternity house located at 107 Edgemoor Ln, Ithaca, New York 14850. \n368. \nThat at all relevant times, CHI PHI NATIONAL was and is a domestic not-for-\nprofit corporation which owned and operated the Xi Chapter of Chi Phi at Cornell University\u2019s \nhouse located at 107 Edgemoor Ln, Ithaca, New York 14850. \n369. \nAt all times relevant, Defendant CHI PHI NATIONAL was under a duty to operate, \ncontrol, manage, supervise, and maintain the aforesaid fraternity house in a safe, lawful, and proper \nfashion.  \n370. \nAt all times relevant, Defendant CHI PHI NATIONAL had a duty to safeguard and \nsupervise students utilizing the aforesaid fraternity house, including Plaintiff and Defendants \nINGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR.  \n371. \nAt all times relevant, Defendant CHI PHI NATIONAL hired and employed certain \nindividuals to carry out its business operations, including security guards, alumni, sponsors, \nadministrators, and supervisors. \n372. \nAt all times relevant, Defendant CHI PHI NATIONAL, its agents, servants and/or \nemployees breached their duty to maintain the aforesaid fraternity house, high in a reasonably safe \ncondition and manner.  \n373. \nAt all times relevant, Defendant CHI PHI NATIONAL, its agents, servants and/or \nemployees breached their duty to supervise students utilizing the fraternity house, including \nPlaintiff and Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR, in a reasonably safe manner.  \n374. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty of \ncare because it had a special relationship with Plaintiff.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 68 ---\n68 \n375. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty to \nprotect her from harm because Defendant CHI PHI NATIONAL had a special relationship with \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR. \n376. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty to \nprotect her from harm because Defendant CHI PHI NATIONAL had a contractual relationship \nwith Defendant CORNELL. \n377. \nAt all times relevant, Defendant CHI PHI NATIONAL owed Plaintiff a duty to \nprotect her from harm because Defendant CHI PHI NATIONAL had a contractual relationship \nwith Defendants \nINGALLS, \nNEWELL, \nLEE, \nLOPES, \nSARABIA, \nNORRIS, and \nKRETZSCHMAR. \n378. \nBy accepting Plaintiff at the CHI PHI NATIONAL fraternity house, and holding \ntheir facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary relationship \nwith Plaintiff at all times relevant, Defendant CHI PHI NATIONAL entered into an express and/or \nimplied duty to properly supervise Plaintiff and provide a reasonably safe environment for students \nutilizing its fraternity house. Defendant CHI PHI NATIONAL owed Plaintiff a duty to properly \nsupervise Plaintiff and protect her from foreseeable dangers. \n379. \nAt all times relevant, Defendant CHI PHI NATIONAL breached its duties to the \nPlaintiff, as these harms were reasonably foreseeable and Defendant CHI PHI NATIONAL failed \nto protect her. \n380. \nDefendant CHI PHI NATIONAL\u2019s breach of their duties include, but are not \nlimited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and \nprocedures in place to prevent sex abuse and assault being committed by any of their students; \nfailure to properly implement policies and procedures to prevent sex abuse and assault; failure to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 69 ---\n69 \ntake reasonable measures to ensure that policies and procedures to prevent sex abuse and assault \nwere working; failure to investigate risks of sexual assault; failure to properly train the employees \nat their facilities; failed to have any outside agency test their safety procedures; and failure to train \nits employees properly to identify signs of sexual abuse and sexual assault. \n381. \nAt all times relevant, Defendant CHI PHI NATIONAL failed to use ordinary care \nin determining whether the aforesaid fraternity house was safe for Plaintiff. \n382. \nThat prior to the subject incident, Defendant CHI PHI NATIONAL knew or should \nhave known that XI CHAPTER had a history of drug-use culture, specifically ketamine.  \n383. \nUpon information and belief, one week prior to the subject assault, police \nresponded to a drug-related incident at the XI CHAPTER house. \n384. \nDefendant CHI PHI NATIONAL, by and through its agents, servants and/or \nemployees, became aware, or through the exercise of reasonable care, supervision, and \ninvestigation, should have become aware of Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR\u2019s propensity to commit sexual assault and of the risk \nthey posed to Plaintiff\u2019s safety.  \n385. \nAt the very least, Defendant CHI PHI NATIONAL knew, or should have known, \nthat they did not have sufficient information about whether the fraternity house was safe and if \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR \nposed a danger to fellow students, including Plaintiff. \n386. \nDefendant CHI PHI NATIONAL breached their duty to Plaintiff by failing to warn \nher of the risks that Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR posed and the risks of sexual assault occurring at the aforesaid fraternity house, \nduring the relevant time period.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 70 ---\n70 \n387. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant CHI PHI NATIONAL. \n388. \nDefendant CHI PHI NATIONAL, its employees, managers, administrators, and \nstaff were on actual and/or constructive notice that Plaintiff was being sexually abused by \nDefendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR, \nmembers of their fraternal organization, and within their fraternity house. \n389. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n390. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant CHI PHI NATIONAL, their agents, servants and/or \nemployees, in the ownership, operation, management, supervision, maintenance and control of the \naforesaid college campus, sorority house, and fraternity house, and its students and employees \ntherein.  \n391. \nDefendant CHI PHI NATIONAL\u2019s actions were intentional, done with malice, \ncruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were \ndone in conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. Defendant CHI PHI NATIONAL\u2019s conduct was so outrageous, \nshocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as \nmeasured by what the average member of the community would tolerate and demonstrates an utter \ndisregard for the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant CHI PHI NATIONAL. \n392. \nAt all times relevant, Defendant ALPHA BETA CHAPTER operated, controlled, \nmanaged, supervised and/or funded the Alpha Beta Chapter of Delta Delta Delta Sorority at \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 71 ---\n71 \nCornell University, with a sorority house located at 118 Triphammer Rd, Ithaca, New York 14850. \n393. \nThat at all relevant times, ALPHA BETA CHAPTER was and is a domestic not-\nfor-profit corporation which owned and operated the Alpha Beta Chapter of Tri Delta at Cornell \nUniversity\u2019s house located at 118 Triphammer Road, Ithaca, New York 14580. \n394. \nThat at all relevant times, ALPHA BETA CHAPTER maintained and controlled \nthe regional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n395. \nAt all times relevant, Defendant ALPHA BETA CHAPTER was under a duty to \noperate, control, manage, supervise, and maintain the aforesaid sorority house in a safe, lawful, \nand proper fashion.  \n396. \nAt all times relevant, Defendant ALPHA BETA CHAPTER had a duty to safeguard \nand supervise students utilizing the aforesaid sorority house, including Plaintiff.  \n397. \nAt all times relevant, Plaintiff resided within the aforesaid sorority house, of which \nALPHA BETA CHAPTER was fully aware. \n398. \nAt all times relevant, Defendant ALPHA BETA CHAPTER hired and employed \ncertain individuals to carry out its business operations, including security guards, house mothers, \nfaculty sponsors, alumni, administrators, and supervisors. \n399. \nAt all times relevant, Defendant ALPHA BETA CHAPTER, its agents, servants \nand/or employees breached their duty to maintain the aforesaid sorority house, high in a reasonably \nsafe condition and manner.  \n400. \nAt all times relevant, Defendant ALPHA BETA CHAPTER, its agents, servants \nand/or employees breached their duty to supervise its members, including Plaintiff, in a reasonably \nsafe manner.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 72 ---\n72 \n401. \nAt all times relevant, Defendant ALPHA BETA CHAPTER owed Plaintiff a duty \nof care because it had a special relationship with Plaintiff.  \n402. \nAt all times relevant, Defendant ALPHA BETA CHAPTER owed Plaintiff a duty \nto protect her from harm because Defendant ALPHA BETA CHAPTER had a contractual \nrelationship with Plaintiff. \n403. \nAt all times relevant, Defendant ALPHA BETA CHAPTER owed Plaintiff a duty \nto protect her from harm because Defendant ALPHA BETA CHAPTER had a contractual \nrelationship with CORNELL. \n404. \nBy accepting Plaintiff as a member of its sorority and a resident of its sorority, and \nby holding its facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary \nrelationship with Plaintiff at all times relevant, Defendant ALPHA BETA CHAPTER entered into \nan express and/or implied duty to properly supervise Plaintiff and provide a reasonably safe \nenvironment for its members and residents. Defendant ALPHA BETA CHAPTER owed Plaintiff \na duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n405. \nAt all times relevant, Defendant ALPHA BETA CHAPTER breached its duties to \nthe Plaintiff, as these harms were reasonably foreseeable and Defendant ALPHA BETA \nCHAPTER failed to protect her. \n406. \nDefendant ALPHA BETA CHAPTER\u2019s breach of their duties include, but are not \nlimited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and \nprocedures in place to prevent sex abuse; failure to have sufficient policies and procedures in place \nto prevent underage drinking; failure to properly implement policies and procedures to prevent sex \nabuse; failure to properly implement policies and procedures to prevent underage drinking; failure \nto take reasonable measures to ensure that policies and procedures to prevent sex abuse were \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 73 ---\n73 \nworking; failure to take reasonable measures to ensure that policies and procedures to prevent \nunderage drinking were working; failure to properly train the employees at their facilities, \nincluding their house mothers; failure to properly train their members, including sober monitors; \nfailure to have any outside agency test their safety procedures; failure to train its employees \nproperly to identify signs of binge drinking. \n407. \nAt all times relevant, Defendant ALPHA BETA CHAPTER failed to use ordinary \ncare in determining whether the aforesaid sorority house was safe for Plaintiff. \n408. \nThat Defendant ALPHA BETA CHAPTER knew or should have known that their \nhouse mother, Jade, was not adequately trained to maintain their sorority house in a safe condition. \n409. \nThat Defendant ALPHA BETA CHAPTER knew or should have known that their \nhouse mother, Jade, was not maintaining their sorority house in a safe condition. \n410. \nDefendant ALPHA BETA CHAPTER, by and through its agents, servants and/or \nemployees, became aware, or through the exercise of reasonable care, supervision, and \ninvestigation, should have become aware of the risk underage, binge drinking posed to Plaintiff\u2019s \nsafety.  \n411. \nAt the very least, Defendant ALPHA BETA CHAPTER knew, or should have \nknown, that they did not have sufficient information about whether the sorority house, were safe \nand if there existed a risk of underage, binge drinking within its house and its social events. \n412. \nDefendant ALPHA BETA CHAPTER breached their duty to Plaintiff by failing to \nwarn her of the risks of underage, binge drinking and the risks of sexual assault occurring on within \nGreek Houses on campus, during the relevant time period.  \n413. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant ALPHA BETA CHAPTER. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 74 ---\n74 \n414. \nDefendant ALPHA BETA CHAPTER, its employees, managers, administrators, \nand staff were on actual and/or constructive notice that Plaintiff was underage and was binge \ndrinking at its house and social events.  \n415. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n416. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant ALPHA BETA CHAPTER, their agents, servants and/or \nemployees, in the ownership, operation, management, supervision, maintenance and control of the \naforesaid sorority house, and its members and employees therein.  \n417. \nDefendant ALPHA BETA CHAPTER\u2019s actions were intentional, done with \nmalice, cruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights \nand were done in conscious disregard of the probability that the conduct would result in harm to \nPlaintiff\u2019s physical and emotional wellbeing. Defendant ALPHA BETA CHAPTER\u2019s conduct was \nso outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of \ndecency as measured by what the average member of the community would tolerate and \ndemonstrates an utter disregard for the consequences that would follow. As a result, Plaintiff is \nentitled to recover both compensatory and punitive damages from Defendant ALPHA BETA \nCHAPTER. \n418. \nAt all times relevant, Defendant TRI-DELTA NATIONAL operated, controlled, \nmanaged, supervised and/or funded the Alpha Beta Chapter of Delta Delta Delta at Cornell \nUniversity, with a sorority house located at 118 Triphammer Rd, Ithaca, New York 14850. \n419. \nThat at all relevant times, TRI-DELTA NATIONAL was and is a domestic not-for-\nprofit corporation which owned and operated the Alpha Beta Chapter of Tri Delta at Cornell \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 75 ---\n75 \nUniversity\u2019s house located at 118 Triphammer Road, Ithaca, New York 14580. \n420. \nThat at all relevant times, TRI-DELTA NATIONAL maintained and controlled the \nregional chapter of Tri Delta\u2019s fraternal organization, known as the Alpha Beta Chapter of Tri \nDelta at Cornell University. \n421. \nAt all times relevant, Defendant TRI-DELTA NATIONAL was under a duty to \noperate, control, manage, supervise, and maintain the aforesaid sorority house in a safe, lawful, \nand proper fashion.  \n422. \nAt all times relevant, Defendant TRI-DELTA NATIONAL had a duty to safeguard \nand supervise students utilizing the aforesaid sorority house, including Plaintiff.  \n423. \nAt all times relevant, Plaintiff resided within the aforesaid sorority house, of which \nTRI-DELTA NATIONAL was fully aware. \n424. \nAt all times relevant, Defendant TRI-DELTA NATIONAL hired and employed \ncertain individuals to carry out its business operations, including security guards, house mothers, \nfaculty sponsors, alumni, administrators, and supervisors. \n425. \nAt all times relevant, Defendant TRI-DELTA NATIONAL, its agents, servants \nand/or employees breached their duty to maintain the aforesaid sorority house, high in a reasonably \nsafe condition and manner.  \n426. \nAt all times relevant, Defendant TRI-DELTA NATIONAL, its agents, servants \nand/or employees breached their duty to supervise its members, including Plaintiff, in a reasonably \nsafe manner.  \n427. \nAt all times relevant, Defendant TRI-DELTA NATIONAL owed Plaintiff a duty \nof care because it had a special relationship with Plaintiff.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 76 ---\n76 \n428. \nAt all times relevant, Defendant TRI-DELTA NATIONAL owed Plaintiff a duty \nto protect her from harm because Defendant TRI-DELTA NATIONAL had a contractual \nrelationship with Plaintiff. \n429. \nAt all times relevant, Defendant TRI-DELTA NATIONAL owed Plaintiff a duty \nto protect her from harm because Defendant TRI-DELTA NATIONAL had a contractual \nrelationship with CORNELL. \n430. \nBy accepting Plaintiff as a member of its sorority and a resident of its sorority, and \nby holding its facilities out to be a safe environment for Plaintiff, and by establishing a fiduciary \nrelationship with Plaintiff at all times relevant, Defendant TRI-DELTA NATIONAL entered into \nan express and/or implied duty to properly supervise Plaintiff and provide a reasonably safe \nenvironment for its members and residents. Defendant TRI-DELTA NATIONAL owed Plaintiff \na duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n431. \nAt all times relevant, Defendant TRI-DELTA NATIONAL breached its duties to \nthe Plaintiff, as these harms were reasonably foreseeable and Defendant TRI-DELTA NATIONAL \nfailed to protect her. \n432. \nDefendant TRI-DELTA NATIONAL\u2019s breach of their duties include, but are not \nlimited to: failure to protect Plaintiff from a known danger; failure to have sufficient policies and \nprocedures in place to prevent sex abuse; failure to have sufficient policies and procedures in place \nto prevent underage drinking; failure to properly implement policies and procedures to prevent sex \nabuse; failure to properly implement policies and procedures to prevent underage drinking; failure \nto take reasonable measures to ensure that policies and procedures to prevent sex abuse were \nworking; failure to take reasonable measures to ensure that policies and procedures to prevent \nunderage drinking were working; failure to properly train the employees at their facilities, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 77 ---\n77 \nincluding their house mothers; failure to properly train their members, including sober monitors; \nfailure to have any outside agency test their safety procedures; failure to train its employees \nproperly to identify signs of binge drinking. \n433. \nAt all times relevant, Defendant TRI-DELTA NATIONAL failed to use ordinary \ncare in determining whether the aforesaid sorority house was safe for Plaintiff. \n434. \nThat Defendant TRI-DELTA NATIONAL knew or should have known that their \nhouse mother, Jade, was not adequately trained to maintain their sorority house in a safe condition. \n435. \nThat Defendant TRI-DELTA NATIONAL knew or should have known that their \nhouse mother, Jade, was not maintaining their sorority house in a safe condition. \n436. \nDefendant TRI-DELTA NATIONAL, by and through its agents, servants and/or \nemployees, became aware, or through the exercise of reasonable care, supervision, and \ninvestigation, should have become aware of the risk underage, binge drinking posed to Plaintiff\u2019s \nsafety.  \n437. \nAt the very least, Defendant TRI-DELTA NATIONAL knew, or should have \nknown, that they did not have sufficient information about whether their sorority house were safe \nand if there existed a risk of underage, binge drinking within its house and its social events. \n438. \nDefendant TRI-DELTA NATIONAL breached their duty to Plaintiff by failing to \nwarn her of the risks of underage, binge drinking and the risks of sexual assault occurring on within \nGreek Houses on campus, during the relevant time period.  \n439. \nThe sexual abuse committed by the Student Defendant was, or should have been, \nreasonably foreseeable to Defendant TRI-DELTA NATIONAL. \n440. \nDefendant TRI-DELTA NATIONAL, its employees, managers, administrators, \nand staff were on actual and/or constructive notice that Plaintiff was underage and was binge \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 78 ---\n78 \ndrinking at its house and social events.  \n441. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n442. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant TRI-DELTA NATIONAL, their agents, servants and/or \nemployees, in the ownership, operation, management, supervision, maintenance and control of the \naforesaid sorority house, and its members and employees therein.  \n443. \nDefendant TRI-DELTA NATIONAL\u2019s actions were intentional, done with malice, \ncruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were \ndone in conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. Defendant TRI-DELTA NATIONAL\u2019s conduct was so \noutrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of \ndecency as measured by what the average member of the community would tolerate and \ndemonstrates an utter disregard for the consequences that would follow. As a result, Plaintiff is \nentitled to recover both compensatory and punitive damages from Defendant TRI-DELTA \nNATIONAL. \n444. \nThat at all relevant times, Defendant MOONIES was and is a domestic limited \nliability company with its principal address located at 409 Eddy Street, Ithaca, New York, 14850. \n445. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n446. \nAt all times relevant, Defendant MOONIES was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid Bar & Nightclub in a safe, lawful, and proper \nfashion.  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 79 ---\n79 \n447. \nAt all times relevant, Defendant MOONIES had a duty to safeguard and supervise \nstudents utilizing the aforesaid Bar & Nightclub, including Plaintiff.  \n448. \nAt all times relevant, Plaintiff resided within the aforesaid Bar & Nightclub, of \nwhich MOONIES was fully aware. \n449. \nAt all times relevant, Defendant MOONIES hired and employed certain individuals \nto carry out its business operations, including security guards, bartenders, servers, administrators, \nand supervisors. \n450. \nAt all times relevant, Defendant MOONIES, its agents, servants and/or employees \nbreached their duty to maintain the aforesaid Bar & Nightclub, high in a reasonably safe condition \nand manner.  \n451. \nAt all times relevant, Defendant MOONIES, its agents, servants and/or employees \nbreached their duty to supervise its guests and/or invitees, including Plaintiff, in a reasonably safe \nmanner.  \n452. \nAt all times relevant, Defendant MOONIES owed Plaintiff a duty of care because \nit had a special relationship with Plaintiff.  \n453. \nAt all times relevant, Defendant MOONIES owed Plaintiff a duty to protect her \nfrom harm because Defendant MOONIES had a contractual relationship with Plaintiff. \n454. \nAt all times relevant, Defendant MOONIES owed Plaintiff a duty to protect her \nfrom harm because Defendant MOONIES had a contractual relationship with ALPHA BETA \nCHAPTER. \n455. \nBy accepting Plaintiff, and by holding its facilities out to be a safe environment for \nPlaintiff, and by establishing a fiduciary relationship with Plaintiff at all times relevant, Defendant \nMOONIES entered into an express and/or implied duty to properly supervise Plaintiff and provide \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 80 ---\n80 \na reasonably safe environment for her at its Bar & Nightclub. Defendant MOONIES owed Plaintiff \na duty to properly supervise Plaintiff and protect her from foreseeable dangers. \n456. \nAt all times relevant, Defendant MOONIES breached its duties to the Plaintiff, as \nthese harms were reasonably foreseeable and Defendant MOONIES failed to protect her. \n457. \nDefendant MOONIES\u2019s breach of their duties include, but are not limited to: failure \nto protect Plaintiff from a known danger; failure to have sufficient policies and procedures in place \nto prevent overpouring and serving alcohol to minors; failure to have sufficient policies and \nprocedures in place to prevent underage drinking; failure to properly implement policies and \nprocedures to prevent overpouring and serving alcohol to minors; failure to properly implement \npolicies and procedures to prevent underage drinking; failure to take reasonable measures to ensure \nthat policies and procedures to overpouring and serving alcohol to minors were working; failure \nto take reasonable measures to ensure that policies and procedures to prevent underage drinking \nwere working; failure to properly train the employees at their facilities, including their bartenders \nservers, and/or security guards; failure to have any outside agency test their safety procedures; \nfailure to train its employees properly to identify signs of binge drinking and intoxication. \n458. \nAt all times relevant, Defendant MOONIES failed to use ordinary care in \ndetermining whether the aforesaid Bar & Nightclub was safe for Plaintiff. \n459. \nDefendant MOONIES, by and through its agents, servants and/or employees, \nbecame aware, or through the exercise of reasonable care, supervision, and investigation, should \nhave become aware of the risk underage, binge drinking posed to Plaintiff\u2019s safety.  \n460. \nAt the very least, Defendant MOONIES knew, or should have known, that they did \nnot have sufficient information about whether the Bar & Nightclub were safe and if there existed \na risk of underage, binge drinking within its Bar & Nightclub. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 81 ---\n81 \n461. \nThe sexual abuse committed by Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR was, or should have been, reasonably foreseeable to \nDefendant MOONIES. \n462. \nDefendant MOONIES, its employees, managers, administrators, and staff were on \nactual and/or constructive notice that Plaintiff was underage and was binge drinking at its Bar & \nNightclub. \n463. \nAs a direct and proximate result of the foregoing, Plaintiff sustained emotional and \npsychological injuries, along with pain and suffering and loss of enjoyment of life.  \n464. \nThe subject assault and resultant injuries were caused by, and through reason of the \nnegligence and carelessness of Defendant MOONIES, their agents, servants and/or employees, in \nthe ownership, operation, management, supervision, maintenance and control of the aforesaid Bar \n& Nightclub, and its employees therein.  \n465. \nDefendant MOONIES\u2019s actions were intentional, done with malice, cruelty and/or \na deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done in \nconscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s physical \nand emotional wellbeing. Defendant MOONIES\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard \nfor the consequences that would follow. As a result, Plaintiff is entitled to recover both \ncompensatory and punitive damages from Defendant MOONIES. \n466. \nThe amount of damages sought exceeds the jurisdictional limits of all lower courts \nwhich would otherwise have jurisdiction.   \nAS AND FOR A THIRD CAUSE OF ACTION: \nBREACH OF CONTRACT \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 82 ---\n82 \n \n467. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n468. \nAt all relevant times, Defendant CORNELL entered into a binding contract with \nPlaintiff, through written enrollment agreements, student handbooks, codes of conduct, policies, \nand other official publications, pursuant to which Defendant CORNELL expressly and impliedly \npromised to provide a reasonably safe educational environment, to implement established safety \nprotocols, and to take reasonable measures to protect students from foreseeable harm. \n469. \nThe terms of Defendant CORNELL\u2019s contract with Plaintiff included, but were not \nlimited to: (a) CORNELL\u2019s obligation to maintain campus safety in accordance with its published \npolicies; (b) CORNELL\u2019s obligation to enforce its own procedures for preventing, investigating, \nand responding to threats of harm; and (c) CORNELL\u2019s obligation to act in accordance with \nrepresentations made to students and parents regarding safety, security, and protection from \nmisconduct. \n470. \nPlaintiff fully performed all her obligations under the contract, including paying all \ntuition and fees, complying with campus rules, and remaining a student in good standing. \n471. \nDefendant CORNELL breached the contract by failing to adhere to its stated safety \npolicies and procedures; failing to take reasonable and required steps to prevent foreseeable harm \nto Plaintiff; failing to respond appropriately to reports or indicators of danger; and otherwise failing \nto deliver the level of security and protection that CORNELL represented it would provide. \n472. \nAs a direct and proximate result of Defendant CORNELL\u2019s breach of contract, \nPlaintiff suffered physical injury, emotional distress, financial losses, and other damages, all in an \namount to be determined at trial. \n473. \nPlaintiff is therefore entitled to compensatory damages, consequential damages, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 83 ---\n83 \npre- and post-judgment interest, costs, and such other and further relief as the Court deems just \nand proper. \n474. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR A FOURTH CAUSE OF ACTION: \nVIOLATION OF NEW YORK STATE HUMAN RIGHTS LAW, \nEXEC. LAW \u00a7 296, ET SEQ. \n \n475. \nPlaintiff repeats and realleges each and every allegation in all of the preceding \nparagraphs as if fully set forth herein. \n476. \nThe Human Rights Law (Executive Law \u00a7 290 et seq.) declares that: \nIt shall be an unlawful discriminatory practice for any person, \nbeing the owner, lessee, proprietor, manager, superintendent, agent \nor employee of any place of public accommodation, resort or \namusement, because of the race, creed, color, national origin, \ncitizenship or immigration status, sexual orientation, gender identity \nor expression, military status, sex, disability, marital status, or status \nas a victim of domestic violence, of any person, directly or \nindirectly, to refuse, withhold from or deny to such person any of \nthe accommodations, advantages, facilities or privileges thereof, \nincluding the extension of credit, or, directly or indirectly, to \npublish, circulate, issue, display, post or mail any written or printed \ncommunication, notice or advertisement, to the effect that any of the \naccommodations, advantages, facilities and privileges of any such \nplace shall be refused, withheld from or denied to any person on \naccount of race, creed, color, national origin, citizenship or \nimmigration status, sexual orientation, gender identity or \nexpression, military status, sex, disability or marital status, or that \nthe patronage or custom thereat of any person of or purporting to be \nof any particular race, creed, color, national origin, citizenship or \nimmigration status, sexual orientation, gender identity or \nexpression, military status, sex or marital status, or having a \ndisability is unwelcome, objectionable or not acceptable, desired or \nsolicited. \n \nExecutive Law \u00a7 296 [2][a]). \n \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 84 ---\n84 \n477. \nNew York courts have repeatedly held that colleges and universities qualify as \nplaces of public accommodation, which makes them subject to the NYSHRL\u2019s anti-discrimination \nprovisions. \n478. \nFurther, the Human Rights Law (Executive Law \u00a7 290 et seq.) declares that: \nIt shall be an unlawful discriminatory practice for an educational \ninstitution to deny the use of its facilities to any person otherwise \nqualified, or to permit the harassment of any student or applicant, by \nreason of his race, color, religion, disability, national origin, \ncitizenship or immigration status, sexual orientation, gender identity \nor expression, military status, sex, age, marital status, or status as a \nvictim of domestic violence, except that any such institution which \nestablishes or maintains a policy of educating persons of one sex \nexclusively may admit students of only one sex. \n \nExecutive Law \u00a7 296 [4]). \n \n479. \nAs such, the NYSHRL also covers educational institutions, whether the university \nand/or college is public or private. \n480. \nAt all relevant times, Defendant CORNELL was an institution of higher education \nsubject to Executive Law \u00a7 296, which mandates that colleges adopt, implement, and enforce \nspecific policies and procedures to prevent, investigate, and respond to sexual assault, harassment, \nviolence, and other forms of misconduct affecting students. \n481. \nThat during the subject period complained of herein, Plaintiff was a full-time \nundergraduate student attending CORNELL\u2019s University in Ithaca, NY. \n482. \nThat Plaintiff is a female. \n483. \nThat during the subject period complained of herein, Plaintiff resided upon \nCORNELL\u2019s University campus located at 616 Thurston Ave, Ithaca, NY 14853. \n484. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded an undergraduate University campus, located at 616 Thurston Ave, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 85 ---\n85 \nIthaca, NY 14853. \n485. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the Greek Houses thereat. \n486. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including ALPHA BETA CHAPTER\u2019s sorority \nhouse, located at 118 Triphammer Rd, Ithaca, New York 14850. \n487. \nAt all times relevant, Defendant CORNELL operated, controlled, managed, \nsupervised and/or funded the University campus, including the XI CHAPTER\u2019s fraternity house, \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n488. \nThat at all relevant times, Defendant CORNELL was and is a private institution of \nhigher education with its principal address at 373 Pine Tree Road, Ithaca, New York 14850. \n489. \nThat at all relevant times, CORNELL maintained, operated and controlled the \nprivate ivy-league university known as Cornell University, with a mailing address of 616 Thurston \nAvenue, Ithaca, New York 14853. \n490. \nAt all times relevant, Defendant CORNELL was under a duty to operate, control, \nmanage, supervise, and maintain the aforesaid college campus, sorority house, and fraternity house \nin a safe, lawful, and proper fashion.  \n491. \nAt all times relevant, Defendant CORNELL had a duty to safeguard and supervise \nstudents utilizing the aforesaid college campus, sorority house, and fraternity house, including \nPlaintiff.  \n492. \nThat CORNELL\u2019s herein described discriminatory conduct was so severe or \nwidespread or persistent that a reasonable woman would consider the educational environment to \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 86 ---\n86 \nbe hostile and created an environment where sexual assault and rape of persons such as Plaintiff \nwould be tolerated. \n493. \nThat Plaintiff considers she was subjected to the hereinabove sexual assault and \nrape because she was a female.  \n494. \nDefendant CORNELL discriminated against Plaintiff on the basis of her gender in \nviolation of the NYSHRL by subjecting Plaintiff to disparate treatment based upon her gender, \nincluding, but not limited to, subjecting her to sexual assault and/or harassment and rape. \n495. \nDefendant CORNELL knew or should have known of the prevalent and historic \ndiscriminatory harassment young female students, such as Plaintiff herein, experienced on its \ncollege campus. \n496. \nDespite having this knowledge, Defendant CORNELL failed to take appropriate \ncorrective action, resulting in bodily harm to Plaintiff as further described herein. \n497. \nAs a direct and proximate result of Defendant CORNELL\u2019s unlawful \ndiscriminatory conduct in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer, \nmonetary and/or economic harm for which she is entitled to an award of monetary damages and \nother relief. \n498. \nThat Defendant CORNELL, its employees, managers, supervisors, executives \nand/or directors, were aware of the prevalence of sexual assault in its fraternity houses, and knew \nor should have known of the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR\u2019s propensity to commit further misconduct. \n499. \nThat Defendant CORNELL, its employees, managers, supervisors, executives and \ndirectors, knowing of the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 87 ---\n87 \nNORRIS, and KRETZSCHMAR\u2019s propensity to commit such conduct, either accepted or \napproved it, by allowing them unfettered access to Plaintiff. \n500. \nThat Plaintiff was harmed because of the aforesaid conduct. \n501. \nThat the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR\u2019s derelict behavior was obvious, highly persistent, widespread \nand was severely offensive in nature and well known to Defendant CORNELL.  \n502. \nThat said behavior and conduct had a negative effect on Plaintiff\u2019s well-being. \n503. \nThat the conduct was humiliating and/or physically threatening to Plaintiff. \n504. \nThat the conduct unreasonably interfered with Plaintiff\u2019s educational performance.  \n505. \nThe Student Defendants\u2019 misconduct and/or propensity to commit such conduct as \nalleged herein was previously known to Defendant CORNELL, its employees, managers, \nsupervisors, executives and directors, which facilitated their unlawful, abusive and predatory \nsexual misconduct by, among other things allowing the Student Defendants to gain unfettered \naccess to Plaintiff, providing them with an opportunity to sexually assault and rape Plaintiff, failing \nto discipline or remove the Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR from campus afterwards, all the while sheltering them from \nspeaking to law enforcement, and silencing victims. \n506. \nThat Defendants CORNELL\u2019s discriminatory acts and/or omissions resulted in \nharm to Plaintiff that has a sufficient connection to the State of New York to establish liability \nunder New York State Human Rights Law. \n507. \nAs a direct and proximate result of Defendant CORNELL\u2019s unlawful \ndiscriminatory conduct in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer \nsevere mental anguish and emotional distress for which she is entitled to an award of monetary \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 88 ---\n88 \ndamages and other relief. Defendant CORNELL\u2019s unlawful and discriminatory actions were \nintentional, done with malice and/or showed a deliberate, willful, wanton and reckless indifference \nto Plaintiff\u2019s rights under the NYSHRL for which Plaintiff is entitled to an award of punitive \ndamages. \n508. \nAs a direct and proximate result of Defendant CORNELL\u2019s unlawful conduct as \nalleged hereinabove, Plaintiff has suffered physical injury, severe emotional distress and anxiety, \nhumiliation, embarrassment, economic harm and other consequential damages.  \n509. \nThat this action falls within one or more of the exceptions set forth in CPLR \u00a71602, \nspecifically: (5) (due to Defendant\u2019s intentional conduct), (7) (as Defendant acted with reckless \ndisregard), (8) Article Ten of the Labor Law, (11) (as Defendant acted knowingly or intentionally, \nand in concert). \n510. \nThat this action falls within one or more of the exceptions set forth in CPLR \u00a71601, \nas with due diligence, Plaintiff is unable to obtain jurisdiction over any such person that may have \nany fault in this matter aside from Defendant CORNELL herein, and in that Defendant CORNELL \nwas vicariously responsible for any possible additional parties with liability herein. \n511. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR A SIXTH CAUSE OF ACTION: \nSEXUAL ASSAULT \n \n512. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n513. \nIn committing and threatening to commit the sexual assault described herein, \nStudent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR had the real and apparent ability to cause imminent harmful or offensive bodily \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 89 ---\n89 \ncontact to Plaintiff and intentionally did a menacing act which threatened such contact to Plaintiff, \nwhen Plaintiff was within the XI CHAPTER\u2019s fraternity house on CORNELL\u2019s campus. \n514. \nThe sexual assault and exploitation, and threatened sexual assault and exploitation, \nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR caused apprehension of such contact in Plaintiff.  \n515. \nThe alleged conduct constituted sexual assault.  \n516. \nThe alleged conduct constituted a violation of N.Y. Pen. Law \u00a7130.52 \u00a7130.55, \n\u00a7130.60 and \u00a7130.65, and this action to recover damages from such conduct is protected under \nCPLR \u00a7208(b).  \n517. \nAs a direct and proximate result of that intentional harmful or offensive conduct, \nPlaintiff suffered general and special damages.  \n518. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR A SEVENTH CAUSE OF ACTION: \nSEXUAL BATTERY \n \n519. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n520. \nIn committing the sexual assault described herein, Student Defendants INGALLS, \nNEWELL, LEE, LOPES, SARABIA, NORRIS, and KRETZSCHMAR touched Plaintiff, a fellow \nCORNELL student, without Plaintiff\u2019s informed consent and with the intention of causing harmful \nor offensive bodily contact to Plaintiff.  \n521. \nThe alleged conduct constituted sexual battery.  \n522. \nThe alleged conduct constituted a violation of N.Y. Pen. Law \u00a7130.52 \u00a7130.55, \n\u00a7130.60 and \u00a7130.65, and this action to recover damages from such conduct is protected under \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 90 ---\n90 \nCPLR \u00a7208(b).  \n523. \nAs a direct and proximate result of that intentional harmful or offensive contact, \nPlaintiff suffered general and special damages. \n524. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction. \nAS AND FOR AN EIGHTH CAUSE OF ACTION: \nINTENTIONAL INFLICTION OF EMOTIONAL DISTRESS \n \n525. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n526. \nAt all times relevant, Defendant INGALLS, engaged in reckless, extreme, and \noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n527. \nAt all times relevant, Defendant INGALLS\u2019s misconduct was so shocking and \noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nINGALLS of the consequences that would follow. \n528. \nAt all times relevant, Defendant INGALLS knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n529. \nAs a result of Defendant INGALLS\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 91 ---\n91 \n530. \nAt all times relevant, Defendant NEWELL, engaged in reckless, extreme, and \noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n531. \nAt all times relevant, Defendant NEWELL\u2019s misconduct was so shocking and \noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nNEWELL of the consequences that would follow. \n532. \nAt all times relevant, Defendant NEWELL knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n533. \nAs a result of Defendant NEWELL\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \n534. \nAt all times relevant, Defendant LEE, engaged in reckless, extreme, and outrageous \nconduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not possibly \nconsent. \n535. \nAt all times relevant, Defendant LEE\u2019s misconduct was so shocking and outrageous \nthat it exceeds the reasonable bounds of decency as measured by what the average member or the \ncommunity would tolerate and demonstrates an utter disregard by Defendant LEE of the \nconsequences that would follow. \n536. \nAt all times relevant, Defendant LEE knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 92 ---\n92 \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n537.\nAs a result of Defendant LEE\u2019s reckless, extreme, and outrageous conduct, Plaintiff\nsuffered general and specialized damages. \n538.\nAt all times relevant, Defendant LOPES, engaged in reckless, extreme, and\noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n539.\nAt all times relevant, Defendant LOPES\u2019s misconduct was so shocking and\noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nLOPES of the consequences that would follow. \n540.\nAt all times relevant, Defendant LOPES knew that this reckless, extreme, and\noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n541.\nAs a result of Defendant LOPES\u2019s reckless, extreme, and outrageous conduct,\nPlaintiff suffered general and specialized damages. \n542.\nAt all times relevant, Defendant SARABIA, engaged in reckless, extreme, and\noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n543.\nAt all times relevant, Defendant SARABIA\u2019s misconduct was so shocking and\noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 93 ---\n93 \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nSARABIA of the consequences that would follow. \n544. \nAt all times relevant, Defendant SARABIA knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n545. \nAs a result of Defendant SARABIA\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \n546. \nAt all times relevant, Defendant NORRIS, engaged in reckless, extreme, and \noutrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could not \npossibly consent. \n547. \nAt all times relevant, Defendant NORRIS\u2019s misconduct was so shocking and \noutrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nNORRIS of the consequences that would follow. \n548. \nAt all times relevant, Defendant NORRIS knew that this reckless, extreme, and \noutrageous conduct would inflict severe emotional and psychological distress on Plaintiff, and \nPlaintiff did in fact suffer severe emotional and psychological distress as a result, including severe \nmental anguish, humiliation, and emotional and physical distress.  \n549. \nAs a result of Defendant NORRIS\u2019s reckless, extreme, and outrageous conduct, \nPlaintiff suffered general and specialized damages. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 94 ---\n94 \n550. \nAt all times relevant, Defendant KRETZSCHMAR, engaged in reckless, extreme, \nand outrageous conduct by sexually assaulting Plaintiff while Plaintiff was incapacitated and could \nnot possibly consent. \n551. \nAt all times relevant, Defendant KRETZSCHMAR\u2019s misconduct was so shocking \nand outrageous that it exceeds the reasonable bounds of decency as measured by what the average \nmember or the community would tolerate and demonstrates an utter disregard by Defendant \nKRETZSCHMAR of the consequences that would follow. \n552. \nAt all times relevant, Defendant KRETZSCHMAR knew that this reckless, \nextreme, and outrageous conduct would inflict severe emotional and psychological distress on \nPlaintiff, and Plaintiff did in fact suffer severe emotional and psychological distress as a result, \nincluding severe mental anguish, humiliation, and emotional and physical distress.  \n553. \nAs a result of Defendant KRETZSCHMAR\u2019s reckless, extreme, and outrageous \nconduct, Plaintiff suffered general and specialized damages. \n554. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction.  \nAS AND FOR A NINTH CAUSE OF ACTION: \nNEGLIGENT INFLICTION OF EMOTIONAL DISTRESS \n \n555. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n556. \nAt all relevant times, Defendant CORNELL owed a duty to Plaintiff because she \nwas a full-time undergraduate student entrusted to their protection and care. \n557. \nDefendant CORNELL breached their duty to Plaintiff by failing to make proper \nregulations, protocols and/or employ proper persons and instrumentalities in assessing risk of harm \nto students; permitting and/or intentionally failing and/or neglecting to prevent the commissions \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 95 ---\n95 \nof tortious conduct upon students within their care; failing to adequately supervise the activities of \nStudent Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR; and allowing all acts or omissions and/or any of the above-described actions.  \n558. \nDefendant CORNELL breached their duty to Plaintiff by negligently supervising \nPlaintiff as well as Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR, and in failing to protect Plaintiff from sexual predators on \nCORNELL\u2019s campus. \n559. \nAs a direct and proximate result of the foregoing, Plaintiff was sexually assaulted \nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR. \n560. \nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological \ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life.  \n561. \nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological \ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life.  \n562. \nDefendant CORNELL\u2019s actions were intentional, done with malice, cruelty and/or \na deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done in \nconscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s physical \nand emotional wellbeing. CORNELL\u2019s conduct was so outrageous, shocking, despicable, and \ncontemptible that it exceeds the reasonable bounds of decency as measured by what the average \nmember of the community would tolerate and demonstrates an utter disregard of the consequences \nthat would follow. As a result, Plaintiff is entitled to the recovery of both compensatory and \npunitive damages from CORNELL. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 96 ---\n96 \n563.\nAs a result of that reckless, extreme, and outrageous conduct, Plaintiff suffered\ngeneral and specialized damages. \n564.\nAt all relevant times, Defendant XI CHAPTER owed a duty to Plaintiff because\nshe was a guest and/or invitee on its premises, entrusted to their protection and care. \n565.\nDefendant XI CHAPTER breached their duty to Plaintiff by failing to make proper\nregulations, protocols and/or employ proper persons and instrumentalities in assessing risk of harm \nto guests and/or invitees; permitting and/or intentionally failing and/or neglecting to prevent the \ncommissions of tortious conduct upon students within their care; failing to adequately supervise \nthe activities of Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, \nand KRETZSCHMAR; and allowing all acts or omissions and/or any of the above-described \nactions.  \n566.\nDefendant XI CHAPTER breached their duty to Plaintiff by negligently\nsupervising Plaintiff as well as Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR, and in failing to protect Plaintiff from sexual \npredators within its fraternity house. \n567.\nAs a direct and proximate result of the foregoing, Plaintiff was sexually assaulted\nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR. \n568.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \n569.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 97 ---\n97 \n570.\nDefendant XI CHAPTER\u2019s actions were intentional, done with malice, cruelty\nand/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were done \nin conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. XI CHAPTER\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard of \nthe consequences that would follow. As a result, Plaintiff is entitled to the recovery of both \ncompensatory and punitive damages from XI CHAPTER. \n571.\nAs a result of that reckless, extreme, and outrageous conduct, Plaintiff suffered\ngeneral and specialized damages. \n572.\nAt all relevant times, Defendant CHI PHI NATIONAL owed a duty to Plaintiff\nbecause she was a guest and/or invitee, entrusted to their protection and care. \n573.\nDefendant CHI PHI NATIONAL breached their duty to Plaintiff by failing to make\nproper regulations, protocols and/or employ proper persons and instrumentalities in assessing risk \nof harm to guests and/or invitees; permitting and/or intentionally failing and/or neglecting to \nprevent the commissions of tortious conduct upon students within their care; failing to adequately \nsupervise the activities of Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, \nNORRIS, and KRETZSCHMAR; and allowing all acts or omissions and/or any of the above-\ndescribed actions.  \n574.\nDefendant CHI PHI NATIONAL breached their duty to Plaintiff by negligently\nsupervising Plaintiff as well as Student Defendants INGALLS, NEWELL, LEE, LOPES, \nSARABIA, NORRIS, and KRETZSCHMAR, and in failing to protect Plaintiff from sexual \npredators within its fraternity house. \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 98 ---\n98 \n575.\nAs a direct and proximate result of the foregoing, Plaintiff was sexually assaulted\nby Student Defendants INGALLS, NEWELL, LEE, LOPES, SARABIA, NORRIS, and \nKRETZSCHMAR. \n576.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \n577.\nAs a direct and proximate result of the foregoing, Plaintiff sustained psychological\ninjuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life. \n578.\nDefendant CHI PHI NATIONAL\u2019s actions were intentional, done with malice,\ncruelty and/or a deliberate, willful, wanton, and reckless indifference to Plaintiff\u2019s rights and were \ndone in conscious disregard of the probability that the conduct would result in harm to Plaintiff\u2019s \nphysical and emotional wellbeing. CHI PHI NATIONAL\u2019s conduct was so outrageous, shocking, \ndespicable, and contemptible that it exceeds the reasonable bounds of decency as measured by \nwhat the average member of the community would tolerate and demonstrates an utter disregard of \nthe consequences that would follow. As a result, Plaintiff is entitled to the recovery of both \ncompensatory and punitive damages from CHI PHI NATIONAL. \n579.\nAs a result of that reckless, extreme, and outrageous conduct, Plaintiff suffered\ngeneral and specialized damages. \n580.\nThe amount of damages sought herein exceeds the jurisdictional limits of all other\ncourts which would otherwise have jurisdiction. \n581.\nPursuant to CPLR \u00a7 1603, the foregoing causes of action are exempt from the\noperation of CPLR 1601 by reason of one or more of the exemptions provided in CPLR 1602, \nincluding but not limited to, CPLR 1602(2), CPLR 1602(5), CPLR 1602(7) and CPLR 1602(11), \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 99 ---\n99 \nthus precluding defendants from limiting their liability by apportioning some portion of liability \nto any joint tortfeasor.  \nAS AND FOR AN TENTH CAUSE OF ACTION: \nVIOLATIONS OF NEW YORK\u2019S DRAM SHOP ACT  \nGENERAL OBLIGATIONS LAW \u00a7\u00a711-100 \u2013 11-101  \n \n582. \nPlaintiff repeats, reiterates and realleges each and every allegation contained in the \nparagraphs above, as if the same were set forth more fully at length herein.  \n583. \nThat at all relevant times, Defendant MOONIES maintained, controlled, and \noperated Moonies Bar & Nightclub located at 114 E State Street, Ithaca, New York 14850. \n584. \nThat at all relevant times, MOONIES maintained a liquor license for Moonies Bar \n& Nightclub, where MOONIES, its employees, servants and agents, served invitees and/or guests \nwith alcoholic beverages. \n585. \nThat at all relevant times, MOONIES held itself out to the public, and more \nparticularly to Plaintiff herein, as possessing the proper degree of safety measure to adequately \nprotect its invitees and/or guests and to use reasonable care and diligence in its monitoring and \npolicing of Moonies Bar & Nightclub and those utilizing the premises thereat. \n586. \nThat at all relevant times, MOONIES, its employees, servants and/or agents served \nPlaintiff with alcoholic beverages even though she had an \u201cX\u201d on both her hands, signifying she \nwas under 21 years old. \n587. \nThat at all relevant times, MOONIES, its employees, servants and/or agents \ncontinued serving Plaintiff with alcoholic beverages to the point of visible intoxication. \n588. \nThat at all relevant times, MOONIES, its employees, servants and/or agents \ncontinued serving Plaintiff with alcoholic beverages beyond the point of visible intoxication. \n589. \nThat as a result of MOONIES violating New York\u2019s Dram Shop Act, General \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 100 ---\n100 \nObligations Law \u00a7\u00a711-100 \u2013 11-101, Plaintiff was rendered helpless. \n590. \nThat as a result of MOONIES violating New York\u2019s Dram Shop Act, General \nObligations Law \u00a7\u00a711-100 \u2013 11-101, Plaintiff suffered bodily injury. \n591. \nThat as a result of MOONIES violating New York\u2019s Dram Shop Act, General \nObligations Law \u00a7\u00a711-100 \u2013 11-101, Plaintiff was sexually assaulted and raped by members of \nCHI PHI\u2019s Xi Chapter at Cornell University, at the fraternity house known as Chi Phi Fraternity \nlocated at 107 Edgemoor Ln, Ithaca, New York 14850. \n592. \nAs a result of the subject incident, Plaintiff has sustained injury, emotional pain and \nsuffering, emotional distress, loss of enjoyment of life, and claims compensatory and punitive \ndamages herein.  \n593. \nThe amount of damages sought herein exceeds the jurisdictional limits of all other \ncourts which would otherwise have jurisdiction.  \nJURY DEMAND \n594. \nPlaintiff JANE DOE hereby demands a trial by jury.  \nPRAYER FOR RELIEF \nWHEREFORE, Plaintiff JANE DOE demands judgment against the Defendants and each of \nthem, on the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Causes \nof Action as follows:  \nA. Awarding compensatory damages in an amount to be proved at trial, but in any event \nin an amount that exceeds the jurisdictional limits of all lower courts which would \notherwise have jurisdiction to the extent permitted by law;  \nB. Awarding punitive damages to the extent permitted by law;  \nC. Awarding costs and fees of this action, including attorneys\u2019 fees to the extent \npermitted by law;  \nD. Awarding prejudgment interest to the extent permitted by law; and  \nE. Awarding such other and further relief as this Court may deem just and proper.  \n \nDated: New York, New York  \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026\n\n--- Page 101 ---\n.\n101 \nSeptember 14, 2026 \nRHEINGOLD GIUFFRA RUFFO \nPLOTKIN & HELLMAN LLP \nAttorneys for Plaintiff \nBy: ______________________________ \nThomas P. Giuffra, Esq. \n551 Fifth Avenue, 29th Fl. \nNew York, NY 10176 \nTel: (212) 684-1880 \ntgiuffra@rheingoldlaw.com \nCOCHRUN & SEALS, LLC \nAttorneys for Plaintiff \n(Pro Hac Vice pending) \n/s/ W. Whitney Seals \n________________________\nBy: W. Whitney Seals, Esq. \nP.O. Box 10448 \nBirmingham, AL 35202-0448 \nTel: (202) 323-3900 \nwhitney@cochrunseals.com \nFILED: NEW YORK COUNTY CLERK 09/16/2026 07:05 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 5\nRECEIVED NYSCEF: 09/16/2026","thumbnailUrl":"https://lucycraig.blog/media/212/thumb.webp","transcriptStatus":"not_applicable","transcriptText":"","url":"https://lucycraig.blog/media/212"}