In New York, there is no cause of action for seduction, pursuant to Civil Rights Law § 80-a, and, if that is what it comes down to, it cannot be couched as a claim for breach of fiduciary duty or intentional infliction of emotional distress, at least according to the First Department, in Marmelstein v. Kehillat New Hempstead: Rav Aron Jofen Community Synagogue, which was decided on August 23, 2007.

Plaintiff alleged that defendant, who she said represented himself as "an advisor, a father figure and a god," induced her to engage in a sexual relationship "as part of a course of sexual therapy which he represented would lead to her achieving her goals of marriage and children."

The court, though, noted that, while plaintiff claims that defendant held a position as fiduciary, there is no claim that he held himself out to be a professional counselor, that the parties had a professional relationship, that he was trained to be a therapist in any particular specialty or even that he was counseling her in a specific area. All she did claim was that he had had counseled her on her personal, legal and financial problems. "That plaintiff may have succumbed to defendant's persuasive power and may have been exploited by him for his own sexual gratification is insufficient to impose a legal duty on him, entitling plaintiff to the recovery of damages. She must allege more than her subjective belief in defendant's rectitude and honesty. A fiduciary duty cannot be imposed unilaterally."

The court further noted that an informal fiduciary relationship has been found to exist between friends or family members in cases where there has been a pecuniary injury. Here, however, the alleged harm was sexual exploitation, and, by statute, that is not actionable in New York.

Since the cause of action for intentional infliction of emotional distress is founded on the sexual relationship, it too is barred by § 80-a and was dismissed.