THIS COULDN'T HAVE BEEN KOSHER

In Marmelstein v. Kehillat New Hempstead: Rav Aron Jofen Community Synagogue, Adina Marmelstein felt that her Rabbi, Mordecai Tendler, breached a "fiduciary duty" owed to her.

Marmelstein was a congregant at Tendler's synagogue when Tendler began counseling her about various "life issues," which included her "desire to find a husband and have children."

Tendler supposedly told Marmelstein that he was the "Messiah" and that her only hope would be to engage in a "course of sexual therapy" with Tendler.

Marmelstein consented, and the two began a sexual relationship which lasted 3 1/2 years.

Tendler allegedly told Marmelstein that if she informed anyone about their relationship he would ban her from the synagogue community.

In a lawsuit filed with the New York County Supreme Court, Marmelstein sought damages predicated on fraud, breach of fiduciary duty, intentional and negligent infliction of emotional distress, and, also asserted a negligence claim against Kehillat New Hempstead (KNH) for hiring Tendler as Rabbi. When the Supreme Court dismissed all but the emotional distress and KNH related negligence allegations, the parties appealed to the Appellate Division, First Department, which ended the dispute in its entirety.

When the matter reached our state's highest court, the New York Court of Appeals concurred with the AD1's decision, since Marmelstein's "general allegations" against Tendler were insufficient to "demonstrate the existence of a true fiduciary relationship, " which is established when one person "is under a duty to act for or to give advice for the benefit of another upon matters within the scope of the relation."

Merely stating that the two engaged in an illicit sexual relationship, or that Tendler resorted to "seductive conduct" with Marmelstein, wasn't enough to show Tendler assumed "de facto control and dominance" over her or that she became "uniquely vulnerable and incapable of self-protection."

While he may have deceived Marmelstein and acted immorally, because this was an "extended voluntary sexual affair between consenting adults," there were no legal consequences for the alleged misbehavior. 

Miss Marmelstein!  Miss Marmelstein! ... I could bust! To download a copy of the Court of Appeals' decision, please use this link: Marmelstein v. Kehillat New Hempstead: Rav Aron Jofen Community Synagogue