Practice point: To establish the existence of a fiduciary relationship between a cleric and a congregant, there must be a showing of de facto control and dominance in the counseling relationship.
Students should note that the test is whether the congregant was inherently vulnerable and incapable of self-protection.
Case: Spielman v. Carrino, NY Slip Op 07527 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Torts.
