Yesterday's Newsday reported on the decision. [Thanks to J.J. Landa for the lead.]Allegations that give rise to only a general clergy-congregant relationship that includes aspects of counseling do not generally impose a fiduciary obligation upon a cleric....
Although she contends that Tendler's ulterior motive for inducing the sexual relationship was the fulfillment of his own gratification, rather than the achievement of Marmelstein's goals, Marmelstein has shown only that she was deceived by Tendler, not that she was so vulnerable as to surrender her will and capacity to determine her own best interests. In the absence of a prima facie showing that a fiduciary obligation was owed by Tendler, no cause of action can be maintained for an extended voluntary sexual affair between consenting adults, even if Marmelstein could prove that her acquiescence was obtained through lies, manipulation or other morally opprobrious conduct (see Civil Rights Law § 80-a).
Thursday, June 26, 2008
NY High Court Finds No Fiduciary Breach In Rabbi's Affair With Congregant
In Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, (NY Ct. App., June 25, 2008), New York's high court rejected a breach of fiduciary duty claim asserted against a well known Orthodox rabbi by a woman with whom he had a 3 1/2 year sexual relationship. Adina Marmelstein sued Rabbi Mordecai Tendler and his synagogue, claiming that when she came to Tendler for counselling, he suggested that having sex with him would "open her up to the world" and make her more attractive to men. The court's unanimous decision said:
