Drake v. Moulton Mem'l Baptist Church of Newburgh
| Citation | 93 A.D.3d 685,940 N.Y.S.2d 281,2012 N.Y. Slip Op. 01793 |
| Parties | Debra DRAKE, etc., et al., appellants, v. MOULTON MEMORIAL BAPTIST CHURCH OF NEWBURGH, New York, et al., respondents, et al., defendant. |
| Decision Date | 13 March 2012 |
| Court | New York Supreme Court Appellate Division |
2012 N.Y. Slip Op. 01793
93 A.D.3d 685
940 N.Y.S.2d 281
Debra DRAKE, etc., et al., appellants,
v.
MOULTON MEMORIAL BAPTIST CHURCH OF NEWBURGH, New York, et al., respondents, et al., defendant.
Supreme Court, Appellate Division, Second Department, New York.
March 13, 2012.
[940 N.Y.S.2d 282]
Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh, N.Y. (Richard M. Mahon II and Holly L. Reinhardt of counsel), for appellants.
MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, N.Y. (Harold Y. MacCartney, Jr., of counsel), for respondents.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, ARIEL E. BELEN, and PLUMMER E. LOTT, JJ.[93 A.D.3d 685] In an action, inter alia, to recover damages for breach of fiduciary duty, defamation, and prima facie tort, the plaintiffs appeal from an order of the Supreme Court, Orange County (Lubell, J.), dated September 22, 2010, which granted the motion of the defendants Moulton Memorial Baptist Church of Newburgh, New York, Derrick Lopez, Jeanne Graham, John Homan, James Nelson, Jacqueline Hey, Darryl Hey, Patricia Gould, Lynda Moses, C. Jay Hasbrouck, Barbra Taylor, and Olivia Liebowitz pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them.
[93 A.D.3d 686] ORDERED that the order is affirmed, with costs.
After the plaintiffs Debra Drake and Dawn Steins (hereinafter together the plaintiffs) were removed from their positions as trustees of Moulton Memorial Baptist Church of Newburgh, New York (hereinafter MMBC), they commenced this action against, among others, MMBC, MMBC's pastor, and various individuals with unspecified roles at MMBC (hereinafter collectively the defendants). The plaintiffs sought, inter alia, to recover damages for breach of fiduciary duty, defamation, and prima facie tort. The defendants moved pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them, and the Supreme Court
granted the motion. The plaintiffs appeal. We affirm.
“The First Amendment forbids civil courts from interfering in or determining religious disputes, because there is substantial danger that the state will become entangled in essentially religious controversies or intervene on behalf of groups espousing particular doctrines or beliefs. Civil disputes involving religious parties or institutions may be adjudicated without offending the First Amendment as long as neutral principles of law are the basis for their resolution” ( Matter of Congregation Yetev Lev...
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