Lightman v. Flaum
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this appeal, we must decide whether CPLR 4505 imposes a fiduciary duty of confidentiality upon members of the clergy that subjects them to civil liability for the disclosure of confidential communications. We hold that it does not.
After 15 years of marriage, plaintiff Chani Lightman initiated a divorce proceeding against her husband, Hylton Light-man, in February 1996. She also sought an order granting her temporary custody of the parties’ four children. In opposition to plaintiffs application, her husband submitted, under seal, affirmations from two rabbis,…
2Cases cited12 opinions
- United States v. BallardSupreme Court of the United States · 1944
- Greene v. GreeneNew York Court of Appeals · 1979
- Matter of CoopermanNew York Court of Appeals · 1994
- First Presbyterian Church v. United Presbyterian Church in United StatesNew York Court of Appeals · 1984
- Avitzur v. AvitzurNew York Court of Appeals · 1983
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- Paul Cox v. David H. Miller, Superintendent, Eastern Correctional FacilityCourt of Appeals for the Second Circuit · 2002
- Wende C. v. United Methodist ChurchAppellate Division of the Supreme Court of the State of New York · 2004
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