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Case 1:19-cv-10788-GHW-DCF
Case 1:19-cv-10758-PAE-DCF Document
Document39-1 Filed
38 Filed 04/28/20Page
04/28/20 Page
1 of117
of 17
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARY DOE,
Plaintiff, 19 Civ. 10758 (PAE)
-v-
OPINION & ORDER
DARREN K. INDYKE and RICHARD D. KAHN,
as Executors of the Estate of Jeffrey E. Epstein,
and SARAH VICKERS,
Defendants.
PAUL A. ENGELMAYER, District Judge:
In this diversity action, plaintiff Mary Doe1 brings tort claims under New York law
against, inter alia, Darren K. Indyke and Richard D. Kahn, the executors of the estate of Jeffrey
Epstein (“Indyke and Kahn” or “the executor defendants”). The executor defendants now move
to dismiss Doe’s claim against them for punitive damages, on the grounds that, as a matter of
New York law, such damages are categorically unavailable in a personal injury action against the
personal representative of an estate.2 For the reasons that follow, the Court grants that motion.
I. Background
A. Doe’s Complaint
Doe’s Complaint, filed on November 20, 2019, alleges a horrific course of sexual and
psychological abuse at Epstein’s hands during 2004 and 2005. Cmplt. ¶¶ 1–15 (summary
account); id. ¶¶ 38–106 (detailed account). It alleges that Doe came to the United States with her
1
Doe has been granted leave to proceed pseudonymously. Dkt. 21.
2
Doe also sues Sarah Vickers, who is alleged to have served as Epstein’s scheduler and assistant.
See D
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