Park Slope Jewish Center v. Stern
| Decision Date | 30 March 1987 |
| Citation | 513 N.Y.S.2d 767,128 A.D.2d 847 |
| Parties | PARK SLOPE JEWISH CENTER, Appellant, v. Neilan STERN, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Carlin & Newton, New York City (Larry M. Carlin, Bernadette Kenny and Kay W. Shames, of counsel), for appellant.
Joel Z. Robinson, New York City (Ted D. Rosen, of counsel), for respondents.
Before LAWRENCE, J.P., and EIBER, KUNZEMAN and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
In an action to enjoin an alleged trespass, the plaintiff appeals (1) from an order of the Supreme Court, Kings County (Kramer, J.), dated October 25, 1985, which, inter alia, granted those branches of the defendants' motion which were for a declaration that stated amendments to the plaintiff's by-laws were null and void and enjoined the plaintiff from imposing more restrictive membership requirements, (2) from an order of the same court, dated June 11, 1986, which denied its motion to disqualify Justice Herbert Kramer, and (3) from an order of the same court, also dated June 11, 1986, which granted the defendants' motion to hold it in contempt and denied its cross motion to set aside a stipulation of settlement.
ORDERED that the plaintiff is awarded one bill of costs.
The hearing court erred in attempting to apply the neutral principles of law analysis (see, First Presbyt. Church of Schenectady v. United Presbyt. Church in U.S. of Amer., 62 N.Y.2d 110, 119, 476 N.Y.S.2d 86, 464 N.E.2d 454, cert. denied 469 U.S. 1037, 105 S.Ct. 514, 83 L.Ed.2d 404), to the dispute between these parties because the matter cannot be decided without resolving the underlying controversies over religious doctrine (see also, Presbyt. Church v. Mary Eliz. Blue Hull Church, 393 U.S. 440, 449, 89 S.Ct. 601, 606, 21 L.Ed.2d 658). The gravamen of the dispute is the plaintiff's requirement that members of its congregation pledge adherence to a conservative egalitarian form of worship. It is well settled that membership requirements are strictly an ecclesiastical matter and decisions of the church or synagogue are binding on the courts (see, Matter of Kaminsky, 251...
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...meetings of the governing bodies (see, e.g., Congregation Yetev Lev D'Satmar, Inc. v. Kahana, 9 NY3d 282 [2007]; Park Slope Jewish Ctr. v. Stern, 128 AD2d 847 [2d Dept 1987], lv dismissed 72 NY2d 873 [1988] ); (c) congregational disputes which arise under documents which explicitly call for......
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Agudas Chasidei Chabad of the U.S. v. Congregation Lubavitch, Inc.
...of the governing bodies (see, e.g., Congregation Yetev Lev D'Satmar, Inc. v. Kahana , 9 N.Y.3d 282 [2007] ; Park Slope Jewish Ctr. v. Stern , 128 A.D.2d 847 [2d Dept 1987], lv dismissed 72 N.Y.2d 873 [1988] ); (c) congregational disputes which arise under documents which explicitly call for......
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Congregation Yetev Lev Dsatmar v. Kahana
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Langford v. Roman Catholic Diocese of Brooklyn
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