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Lawsuit accuses ex-NY Gov. Andrew Cuomo of sexual harassment. His lawyer calls it a 'cash grab.'
By
Charles Lane
Published Nov 24, 2023
Modified Nov 24, 2023
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Photo by Lev Radin/Pacific Press/LightRocket via Getty Images
By
Charles Lane
Published Nov 24, 2023
Modified Nov 24, 2023
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A former executive assistant to then-New York Gov. Andrew Cuomo is accusing him of sexual harassment in a lawsuit filed this week, in the final days of a state law that allows alleged abuse victims to sue regardless of when the incidents took place.
The accuser, Brittany Commisso, alleges that while she was working for Cuomo in 2020, she was summoned to the Executive Mansion in Albany. There, she says, Cuomo reached under her blouse and groped her breast.
Cuomo’s attorney denied the allegation Friday.
The allegation was previously investigated by Albany prosecutors, who dropped pending charges against Cuomo in January 2022. Albany District Attorney David Soares said at the time he found Commisso’s account credible but that the available evidence didn’t meet the burden of proof to pursue criminal charges.
“Ms. Commisso’s claims are provably false, which is why the Albany District Attorney dismissed the case two years ago after a thorough investigation,” Rita Glavin, Cuomo lawyer wrote in an emailed statement. “Ms. Commisso’s transparent attempt at a cash grab will fail. We look forward to seeing her in court.”
Commisso’s accusation was among the most serious of those detailed in an August 2021 report from attorneys hired by the state Attorney General’s Office, which concluded she was one of 11 women sexually harassed by Cuomo during his time as governor. Cuomo stepped down shortly after the report.
Commisso’s lawsuit also accuses the former governor of gender discrimination, and of retaliating against her after she rejected his advances and reported the alleged sexual harassment. It additionally names New York state and a special counsel to the former governor, Judith Mogul, as defendants, saying Mogul aided New York in creating a hostile work environment and retaliating against her.
Commisso says in a filing that she was ostracized and denied career opportunities. She says then-Lt. Gov. Kathy Hochul demoted her from the position of executive assistant to Cuomo, and assigned her to “the demeaning task” of answering phones in the lieutenant governor’s office. However, a spokesperson for now-Gov. Hochul's office said they believed that allegation was "an error in the preparation of the summons," because as lieutenant governor, Hochul didn't have control over Executive Chamber personnel decisions. Hochul is not named as a defendant in the lawsuit.
Thursday was the final day to file lawsuits under the Adult Survivors Act, a 2022 state law that opened a one-year window for people to sue alleged sexual abusers in court regardless of when the abuse took place, even if the statute of limitations on any incidents had passed.
According to the Associated Press, some 2,500 lawsuits have been filed over the last year using the statute. More than half of them have been filed against the state by people who were imprisoned.
However, experts say there are likely more victims of abuse who would have been entitled to make claims.
“I guarantee you enormous sums of money were paid to victims who never filed and never will file,” said Wendy Murphy, an sexual violence scholar at New England School of Law in Boston. “There's an industry of cash for silence. Here's a bunch of money, don't tell anyone, don't file a lawsuit.”
Murphy said lookback windows like that offered by the Adult Survivors Act, in part, encourage such cash settlements because of the deadline. She said in the case of years- or decades-old incidents, many alleged offenders are no longer in a position to discourage claims by intimidating accusers or by offering them jobs.
“This one-year window, I think, does add a dimension of added financial pressure because those opportunities for alternative forms of silencing are long since gone,” she said.
This week saw several high profile lawsuits filed against public figures including New York City Mayor Eric Adams, state Sen. Kevin Parker and music rapper and executive Sean “Diddy” Combs.
Cuomo has also been previously sued over allegations of sexual harassment by another ex-aide, Charlotte Bennett.. And a state trooper has leveled a federal lawsuit against Cuomo, which Cuomo is using as a justification to subpoena all of his accusers.
This story has been updated to include more information about the Adult Survivors Act, and a statement from Gov. Kathy Hochul's office.
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public safety
Politics
Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
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