Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
At issue on this appeal is the viability of plaintiffs causes of action for breach of fiduciary duty and intentional infliction of emotional distress. Since the complaint alleges nothing more than thinly veiled claims of seduction, prohibited by Civil Rights Law § 80-a and couched otherwise to avoid that statutory bar, we reverse and dismiss these causes of action.
The allegations of the complaint, which must be taken as true on a motion to dismiss for failure to state a cause of action (Cron v Hargro Fabrics, 91 NY2d 362, 366 [1998]), are as follows. In 1994,…
2Cases cited7 opinions
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Penato v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1976
- Coopersmith v. GoldAppellate Division of the Supreme Court of the State of New York · 1991
- 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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- Semencic v. The County of NassauDistrict Court, E.D. New York · 2020
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