Marmelstein v. Kehillat New Hempstead

In Marmelstein v. Kehillat New Hempstead (11 NY3d 15 [2008]) the plaintiff brought suit against her rabbi and his congregation, alleging that she and the rabbi had a sexual relationship for five years. The plaintiff alleged that, during the relationship, the rabbi intimidated her by declaring that, "if she disclosed their sexual arrangement to anyone, he would 'have her placed in a straight jacket,' 'have her banned from the shul (synagogue)' and 'turn the community against her"' (Marmelstein, 11 NY3d at 18). The plaintiff alleged that, after the affair ended, the rabbi "'engaged in a concerted scheme to embarrass, humiliate and diminish' her such that she was ostracized from the community" (id. at 19). The Court of Appeals affirmed dismissal of the plaintiff's cause of action for intentional infliction of emotional distress, reasoning, "The complaint does not establish that Tender's conduct was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency ... and was utterly intolerable in a civilized community ("id. at 22-23).