Lightman v. Flaum

In Lightman v. Flaum (97 NY2d 128, 761 NE2d 1027, 736 NYS2d 300 [2001], cert denied 535 US 1096, 122 S Ct 2292, 152 L Ed 2d 1050 [2002]), the Court was asked whether civil liability could be imposed under CPLR 4505 against a cleric for the disclosure of confidential communications. In rejecting the notion that the statutory cleric-penitent privilege created a fiduciary relationship, we noted that a cause of action for clergy malpractice had "troubling constitutional implications" under the First Amendment where the finder of fact would be required to decide whether a cleric's actions comported with religious doctrine (id. at 137).