Legal Opinion · Dissent
Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue
Appellate Division of the Supreme Court of the State of New York
Decided August 23, 2007Published
1Dissent
Sweeny, J. (dissenting).
The IAS court denied defendant Tendler’s motion to dismiss the breach of fiduciary duty claim, holding that the issue involved a question as to whether his actions “betrayed a trust that plaintiff had reasonably placed in him, commencing well before she joined his congregation”, not whether those acts were in conformance with religious practices (2006 NY Slip Op 30204[U], *6-7).
Fiduciary relationships have been broadly defined and have been held to exist
“in all cases in which influence has been acquired and abused, in which confidence has been reposed and betrayed. The…
2Cases cited7 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Penato v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1976
- Wende C. v. United Methodist ChurchNew York Court of Appeals · 2005
- Langford v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2000
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