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WENDE C. v. UNITED METHODIST

4 N.Y.3d 293 (2005)

827 N.E.2d 265

794 N.Y.S.2d 282

WENDE C. et al., Appellants, v. UNITED METHODIST CHURCH, NEW YORK WEST AREA, Defendant, and WESTERN NEW YORK CONFERENCE OF UNITED METHODIST CHURCH et al., Respondents.

Court of Appeals of the State of New York.

Decided February 22, 2005.

Attorney(s) appearing for the Case

Christina A. Agola, Rochester, for appellants.

Trevett, Lenweaver & Salzer, P.C., Rochester (James C. Gocker and A. Katherine Piccola of counsel), for Bishop Hae-Jong Kim, respondent.

Bond, Schoeneck & King, PLLC, Syracuse (Jonathan B. Fellows and Brian J. Butler of counsel), for Western New York Conference of the United Methodist Church and another, respondents.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Judge CIPARICK; Judge G.B. SMITH dissents in part in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

Plaintiffs Wende C. and David C. were parishioners at Hosanna Junction United Methodist Church. During the period between January 1999 and April 2000, they sought individual counseling services from the church pastor Dr. G. Charles T. (Pastor T.). In the course of engaging in apparently intermittent ministerial counseling, Wende C. and the pastor developed a sexual relationship...

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