State lawmakers said Wednesday they will examine how to remedy state law that allowed survivors of childhood sexual assault to hold their abusers accountable after New York's top court dismissed a lawsuit against the state filed under the Child Victims Act.

The state Court of Appeals dismissed a case Tuesday of alleged child-sex abuse a man claims took place at a state-run theater in the late '80s. Justices argued the case lacked sufficient information to bring a claim against the state. 

The top court's decision reveals a gap in the law for other Child Victims Act cases filed in the Court of Claims against state officials or publicly owned institutions.

"I'm anguished by the decision," Sen. Brad Hoylman-Sigal, who sponsored the law, told Spectrum News 1. "Certainly we don't want any survivor not to have their day in court. That was the goal of the Child Victims Act."

Hoylman-Sigal, a Manhattan Democrat, said it's the Legislature's responsibility to revisit the law and pleading requirements for Child Victims Act filers in wake of the ruling.

Lawmakers will work to pass another law to set a different standard for Child Victims Act cases filed against the state or public entities adjudicated by the Court of Claims later this spring after the budget is finalized, Hoylman-Sigal said.

Assemblywoman Linda Rosenthal, who also sponsored the law, said it's unrealistic for survivors of childhood sexual assault to recall the details of when or where the abuse took place, and it shouldn't be up to the courts to decide if accusations of child sex abuse have enough detail for the state to investigate.

"That was never the intention to have somebody recall a date and time from when they were a child," she said.

Gary Greenberg, a survivor of childhood sexual assault from Greene County, spearheaded the movement to pass the Child Victims Act, and said he was appalled by the top court's decision.

"The victims cannot be expected to remember specific dates and times of when their abuse took place," he said. "The medical profession worldwide has specifically said victims through trauma as a result of these heinous crimes against them may not remember specific times and dates, but remember being sexually abused, and these cases that the judges threw out should be decided by a jury based on the facts of law.

"Victims across the state will pursue justice and call on the state legislature and governor to pass a victims compensation fund, making the look back permanent and take the statue limitations off of all child sexual abuse crimes so that all victims in New York State prior can receive justice and can receive healing," he added.

Rosenthal said when the law was passed in 2019, the Legislature did not expect victims would have issues getting their day in court.

The pair also sponsored the Adult Survivors Act, which allowed adult survivors of sexual assault to file a case against their abuser. 

Hoylman-Sigal does not expect the same legal issues with adult survivors' cases because those claims are more recent and adults are more likely to have the specific information needed to enable the state to conduct an investigation.

Talks of a fix are just starting, but both sponsors agree something must be done.

"I think it's incumbent on the Legislature to look at the rules and try to remedy this inequitable situation," Hoylman-Sigal said.

The change would increase the likelihood the state would be held responsible for child-sex abuse, but the senator said it would be the right thing to do.

"The state should be held responsible just as every other defendant in the private sector is being held responsible under the Child Victims Act," he said.

Gov. Kathy Hochul's office did not respond to a request for comment about if the governor would support a retroactive change to the policy. 

Advocates have long spoken out against issues with the law and filing cases, including large insurance companies refusing to cooperate with survivors.

Coalition for Just and Compassionate Compensation Executive Director Dave Catalfamo said the state has failed to hold large insurers responsible, and companies do what they can to prevent cases from getting resolved.

"Remember that most of these claimants under the Child Victims Act are older, you know most people are 60 to 70, so insurance companies know that if they just keep delaying, more and more of these people will just die," Catalfamo said. "And that's what happens and then there's never a claim."

But Catalfamo agrees the Legislature has to fix it.

The case that was dismissed is among roughly 300 filed against the state during a two-year window under the Child Victims Act, which waived the statute of limitations for survivors of childhood sexual abuse for a limited time. Most of the more than 10,800 CVA lawsuits named private institutions.

Lawmakers have also proposed legislation to permanently end the civil statute of limitations for child sex-assault crimes, and help survivors of abuse in foster care.