ALBANY, N.Y. – New York‘s top court is considering whether a 1935 state law that prohibits suing seducers for monetary damages applies to members of the clergy.
Adina Marmelstein wants the Court of Appeals to reinstate her claim for breach of fiduciary duty against married Orthodox Rabbi Mordechai Tendler. The New York City woman says Tendler talked her into having sex while advising her on personal, legal and financial problems at the Kehillat New Hempstead synagogue in Rockland County.
In arguments Tuesday, her lawyer _ Lenore Kramer _ said a special fiduciary, or trust, relationship exists in clergy counseling.
Attorney Richard Bliss countered that Tendler was not a trained or state-licensed counselor and a midlevel court’s 3-2 decision barring the case should stand.
