Ramapo, NY – New York’s top appeals court today dismissed a civil lawsuit accusing a prominent Ramapo rabbi of convincing a woman that she must have a relationship with him in order to find a husband and have children.
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Adina Marmelstein of Manhattan claimed Rabbi Mordechai Tendler seduced her into a relationship with him that lasted from November 2001 to May 2005.
Tendler, 53, has denied having had any relationship with Marmelstein. He was counseling her on finding a husband and other religious issues.
His lawyers have argued that the issue of seduction had been abolished as a legal claim in New York in 1935 to seek monetary damages to end fraudulent lawsuits.
Tendler, the son and grandson of prominent modern Orthodox Jewish rabbis, was the founder and once spiritual leader of Kehillat New Hempstead. After an extensive court fight, the synagogue board eventually had him dismissed, though he challenged its actions.
Marmelstein’s lawsuit accused Tendler of breach of fiduciary duty and intentional infliction of emotional distress.
Her lawyers argued that because Tendler was a rabbi, it put him in a position of power over Marmelstein and that this position separated their relationship from a mere affair.
A Supreme Court trial judge ruled a jury should decide Marmelstein’s claims at trial.
But a state Appellate Division panel ruled 3-2 to dismiss her lawsuit, setting up arguments earlier this month before the New York State Court of Appeals, the state’s highest court.
In a 7-0 decision released yesterday, the Court of Appeals agreed “with the Appellate Division that the complaint must be dismissed.”
The court found that, even if true, Marmelstein only proved she had been deceived by Tendler, not that she was so vulnerable as to surrender her will and capacity to determine her own best interests.”
The court ruled that if true, Marmelstein voluntarily had a a relationship with the rabbi because “she subjectively believed that the ‘therapy’ he sugested would help her find a husband.”
sounds like a psak Rav Moshe zl would be proud of.
To Anon 3:23
Reb Moshe Z”L would be proud of a grandchild that according to court “Her lawyers argued that because Tendler was a rabbi, it put him in a position of power over Marmelstein and that this position separated their relationship from a mere affair.” ??????????
I don’t get your comment ….
the court didn’t rule whether Tendler did anything. All the court said was that “If” Tendler did anything then it was a “mere affair.”
Och in Vey to such a victory ….. Hashem Yeracheim!
In the Torah ‘Oines’ and ‘Pittuey’ pay the same price!!
Is Din V’Is Dayan!!
K’sh’ein Din L’matoh….
Tendler! Beware!
stop screaming like a fool Rabbi Tendler is a big Talmid Chocham he knows what he is doing and Hashem is telling the world that THE RABBI IS 100% CLEAN.
who cares about OJ here we are talking about a great Rav who was accused of wrong doing and now H A S H E M is sending a clear message saying: Is Din V’Is Dayan. telling us that….
THE RABBI IS 100% CLEAN.
THE RABBI IS 100% CLEAN.
THE RABBI IS 100% CLEAN.
have a nice day
why are you not reading till the end of the news story?…
The court found that, even if true, Marmelstein only proved she had been deceived by Tendler, not that she was so vulnerable as to surrender her will and capacity to determine her own best interests.”
The court ruled that if true, Marmelstein voluntarily had a a relationship with the rabbi because “she subjectively believed that the ‘therapy’ he sugested would help her find a husband.”
Only The Ribono Shel Oilam and Rav Tendler know the truth as well as the alleged victim the fact is that the public Chilul Hashem is the worst part of this whole matter and infalamtory comments and personal opinion is a continuation of the chilul
I’m very happy that Rabbi Tendler was vindicated.The matter is finished ,but there are leidig’gayers that have nothing better to do but to destroy someone’s life and reputation. To these leidig’gayers I say :
Before you set out to destroy someone , take a good hard look in the mirror.
It seems that some people don’t understand the court decision. This is not surprising since most people are not lawyers. I am a lawyer. The decision did not vindicate Rabbi Tendler. Nor did the court say he was guilty. All the court said was that even if the charge against him was true, the woman does not have a legal claim because you cannot sue someone for seduction, even if the person who seduced you is a Rabbi.
So, the question as to what happened is still open.
Based on this, we must say that we have to apply the principle that we judge people L’Kaf Z’chus.
Yeah, “He made me do it”!! I’m glad the court ruled on that! Notin’ said ’bout the Rabbi his self (I live close to Harlem)
I am not sure what the truth is but I take offnse to you saying that his grandfather was a modern orthodox rabbi since when is Rav Moshe ZtZl modern, I am not sure I would say his father is modern either
you guys dont even have the slightest idea who R’Mordechi is , a big Zadik , baal tzeduke , his door is allways open ,allways with a freindly smile and he will never ask you who you are. this woman a typical American had the Chu\zpeh to make up a story which is pretty much common in the Reform movement and you can rest a shure that she will ever burn in hell until it freezes over by the way if you learned Chumash ,you would know that kllal Yisroel accused Moishe Rabeinu with the worst things
The Torah says al pi shnayim aidim yakum davar. There are unstable women out there that do make false allegations. Tons of them. Our job is to follow the Torah; If this man has a chezkas kashrus which one should assume he has – then we should follow that. True, Rav Vosner’s Bais Din did rule against him, but it is not clear what he was going on and I think that his chezkas kashrus remains intact..
This decision means nothing. All it stands for is to confirm that there is no cause of action for seduction in New York. There has been no finding of fact and Tendler has not at all been vindicated. Moreover we should all recall Tendler’s consistent refusal to appear before a beth din. He commenced a Din Torah against the RCA. When they said they would submit to a Din Torah, Tendler waffled and refused to let a shalish be chosen and a beth din empaneled. Tendler summoned the entire KNH board and a few others to Din Torah. The respondents said they would appear and retained both a toen and a borer. Tendler again waffled. Why does he consistently evade any serious factual inquiry? He claims to want his “day in court” but when offered it, he sulks away. Why?
“Cyrus Nickhere Says:
comments – arrow The Torah says al pi shnayim aidim yakum davar. There are unstable women out there that do make false allegations”
The Gemara also says “Ein Apotropos LeArayos” … when he was ALONE with the woman (Yichud…Assur) he put himself in a position for something like this to happen.
All these woman that accused rabbi tendler are crazy woman. Their husbands ran because they all have emotional issues. I know rabbi tendler personally and i am not a fan of him at all. I actually had a run in with him. however i can tell you he is 100% innocent in these cases. These woman are manipulaters and if they can’t manipulate you. Which they were not able to do with rabbi Tendler. They will do everything in their power to ruin your life. They will go as far as to make up the sickest story you can imagine. He is 100% innocent.
Okay so Adina Mermelstein claimed Rabbi Tendler told her that if she slept with him she would find her beshert.
And all this took place while the Rebbitzen and his family were in the house.
Her stalking the Rov got so bad they had to get a court order to keep her away but…
They came home one day to find her in the shower.
And this is the woman who killed a Rov’s reputation.
Oh and what about the woman in the RCA report who talks to space aliens?
Or the blogger on an anti-Torah blog who has admitted to sleeping with farm animals.
All these menuvaldike people will get there’s from Hashem.
The Rov grew up in Rav Moshe z’zl home. He is a gaon and a baal chesed.
Everyone leave him alone.
He has suffered enough.
I too must add my protest to your referring to Rav Moshe Z”L as a “modern Orthodox rabbi” Rav Moshe was accepted as the greatest Posek of this generation. Every psak he gave was based on Shas and poskim. I suggest you open a volume of Igros Moshe and learn for yourselves.
All of these learned and revered Rabbis have never presented one shred of proof to back up their allegations. And how about the Rabbi from the Flatbush Minyan who stabbed his “chaver”, Rabbi Tendler, in the back and has been bad mouthing him in the media – he did the very same thing to his best friend Reb Shlomo Carlbach after he died – let’s not forget why he was bounced from his rabbinate post at the Young Israel of Avenue J a number of years ago. This Flatbush Minyan rabbi at the time was also a Brooklyn College Hillel rabbi and was advising Jewish students to live together as a “trial run” before marriage. He rationalized that “Pilegesh (concubine)” was the permitted. This is also down on tape from his lecture at a Queens College gathering.