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Equal justice under law is a bedrock principle in New York jurisprudence. Unfortunately, for victims of sexual abuse in our state, there is gross inequality in the dispensation of justice.

As legal historians remember, the doctrine of sovereign immunity protected the state against claims in any court throughout a large portion of our state’s history. No one could commence an action against the “sovereign,” regardless of harm or damage.

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But as the industrial age unfolded and the scope of state activities expanded, New York waived sovereign immunity and eventually established a court of claims in which individuals wronged by negligent or other tortious conduct by state officials could seek redress. The Legislature conditioned that waiver on procedural protections — waiver of the right to a trial by jury and a notice of claim requirement — that were otherwise inapplicable to claims by individuals against nongovernmental entities. In addition, the Legislature imposed a strict requirement that a plaintiff plead the precise time, date and place of the alleged misconduct.

When the Legislature passed the Adult Survivors Act in 2022 and reopened the........

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