Wende C. v. United Methodist Church

Pigott, Jr., P.J., and Scudder, J. (dissenting in part).

We respectfully dissent in part. First, in our view, Supreme Court improperly granted summary judgment to defendant Dr. G. Charles T. (defendant T.) on plaintiffs’ sexual battery cause of action, and, specifically, with regard to those incidents of alleged touching that occurred during counseling between defendant T. and plaintiff Wende C. within one year of commencement of the action. Second, the court improperly granted summary judgment to defendant T. with regard to plaintiffs’ breach of fiduciary duty cause of action. Third, the…