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LIGHTMAN v. FLAUM

97 N.Y.2d 128 (2001)

761 N.E.2d 1027

736 N.Y.S.2d 300

CHANI LIGHTMAN, Appellant, v. TZVI FLAUM et al., Respondents.

Court of Appeals of the State of New York.

Decided November 27, 2001.

Attorney(s) appearing for the Case

Mallow, Konstam & Hager, P. C., New York City (Abe H. Konstam and Madeleine Nisonoff of counsel), for appellant.

Snitow Kanfer Holtzer & Millus, L. L. P., New York City (Franklyn H. Snitow and Louis L. Nock of counsel), for respondents.

Nathan Diament, Washington, D.C., Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P. C. (Nathan Lewin of counsel), Dennis Rapps, New York City, David Zwiebel and Mordechai Biser for National Jewish Commission of Law and Public Affairs, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

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 Lightman, in February...

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