Lightman v. Flaum

OPINION OF THE COURT

David Goldstein, J.

ISSUE

This case presents an issue of first impression in this State, namely, whether the unauthorized disclosure of confidential communications, in violation of the clergy-penitent privilege provided by CPLR 4505, is actionable. The court concludes, as a matter of law, that breach of the fiduciary duty of confidentiality does state a cognizable claim for relief.

Defendants, Rabbi Tzvi Flaum and Rabbi David Weinberger, have moved, pursuant to CPLR 3211 (a) (7), to dismiss the complaint for failure to state a cause of action. In accordance with CPLR 3211…