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SEX CLAIM VS. RABBI NIXED

AP

Last updated: 8:05 am
June 26, 2008
Posted: 3:23 am
June 26, 2008

ALBANY - New York's top court yesterday rejected a woman's claim that her rabbi seduced her and so breached their special fiduciary, or trust, relationship.

The Court of Appeals concluded Adina Marmelstein failed to establish the "essential elements" of a fiduciary relationship - meaning "de facto control and dominance" - with Orthodox Rabbi Mordechai Tendler.

The New York City woman claimed Tendler talked her into having sex for more than three years while advising her on personal, legal and financial problems at Kehillat New Hempstead synagogue in Rockland County.

Judge Victoria Graffeo wrote that the case was premised on a sexual relationship "between consenting adults."

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