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LIGHTMAN v. FLAUM

179 Misc.2d 1007 (1999)

687 N.Y.S.2d 562

Chani Lightman, Plaintiff, v. Tzvi Flaum et al., Defendants.

Supreme Court, Queens County.

March 4, 1999

Attorney(s) appearing for the Case

Snitow & Pauley, New York City (Franklyn H. Snitow, Efrem Z. Fischer and Edward J. Phillips of counsel), for defendants. Mallow, Konstam & Hager, P. C., New York City (Abe H. Konstam and Madeleine Nisonoff of counsel), and Daniel B. Schwartz, New York City, for plaintiff.

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...

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