A New York marriage counselor finds herself possibly in court for enhancing the problems in a marriage by having an affair with the wife. According to an October 22, 2012 New York Law Journal article, a New York Supreme Court judge ruled to deny the counselorâ€™s motion to dismiss the claim filed against her. Therefore, allowing the lawsuit to proceed.
In the suit, the husband claims that his marriage fell apart beyond repair after he and his wife started to see a marriage counselor. After a few months it became known to the husband that his wife and the female marriage counselor had become intimately involved. The husband filed suit claiming the following issues: breach of contract, breach of fiduciary duty, negligence and fraud.
Although the judge allowed for the suit to continue on, the judge warned that given the nature of the dispute the man may not be able to receive monetary damages for non-economic losses, such as emotional distress. Additionally, the judge stressed that the husband would be more successful if he attempted to recover the fees he had paid to the counselor for the marriage sessions.
The judge heard oral arguments in mid-October.
Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at https://mynewyorkcitylawyer.com/ for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.