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MARMELSTEIN v. KEHILLAT

45 A.D.3d 33 (2007)

841 N.Y.S.2d 493

ADINA MARMELSTEIN, Respondent, v. KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE, Defendant, and MORDECAI TENDLER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 23, 2007.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Glen S. Feinberg and Katherine Hammond Gallè of counsel), for appellant.

Kramer & Dunleavy, L.L.P., New York City (Lenore Kramer and Jonathan R. Ratchik of counsel), for respondent.

ANDRIAS, J.P., and MALONE, J., concur with SULLIVAN, J.; WILLIAMS and SWEENY, JJ., dissent in a separate opinion by SWEENY, J.

OPINION OF THE COURT

SULLIVAN, J.

At issue on this appeal is the viability of plaintiff's causes of action for breach of fiduciary duty and intentional infliction of emotional distress. Since the complaint alleges nothing more than thinly veiled claims of seduction, prohibited by Civil Rights Law § 80-a and couched otherwise to avoid that statutory bar, we reverse and dismiss these causes of action.

The allegations of the complaint, which must...

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