New York’s Court of Appeals held yesterday in Wende C. v. United Methodist Church that it would not recognizer a claim for breach of fiduciary duty in a case in which a minister had an affair with a married woman he was counseling. It said that the claim of breach of fiduciary duty claim was the functional equivalent of a claim for clergy malpractice which it had already rejected. There was a dissent which notes the split of authority on the subject.

Marc Stern

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