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VIONE v. TEWELL

12 Misc.3d 973 (2006)

820 N.Y.S.2d 682

JOSEPH VIONE, Plaintiff, v. THOMAS K. TEWELL et al., Defendants.

Supreme Court, New York County.

May 19, 2006.

Attorney(s) appearing for the Case

Bryan Cabe, LLP (Herbert Teitelbaum and David P. Kasakove of counsel), for Thomas K. Tewell, defendant.

Hunton & Williams, LLP (Stuart A. Raphael, Gregory Little and Joseph J. Saltarelli of counsel), and Simon Lesser, P.C. (Renee Simon Lesser of counsel), for Fifth Avenue Presbyterian Church, defendant.

Hodgson Russ, LLP (Michael E. Maxwell of counsel), for Presbytery of New York City, defendant.

Steinberg, Fineo, Berger & Fischoff, P.C. (Francis G. Fineo of counsel), for plaintiff.

OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

Motion sequences 001, 002 and 003 are hereby consolidated for disposition.

This is an action by a parishioner against his former minister and marriage counselor, defendant Dr. Thomas K. Tewell, of the Fifth Avenue Presbyterian Church, an alleged affiliate of the Presbytery of New York City. The action seeks damages for breach of fiduciary duty, intentional infliction of emotional distress, and negligent...

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