DECISION AND ORDER Upon the foregoing papers, defendants move for summary judgment pursuant to CPLR 3212. Upon review of the papers, together with the opposition submitted thereto; and after due deliberation, the motion is decided as follows. FACTS & PROCEDURAL HISTORY Plaintiff was formerly a member of defendant Christ Alive Christian Center where defendant Dean Brown was the senior pastor. Sometime in 2003, plaintiff was involved in a motor vehicle accident that tragically took the lives of her husband and two children. A lawsuit ensued which culminated in plaintiff being awarded $2,305,246.70 of which $1,900,00.00 was placed into a structured settlement and $405,247.70 was immediately paid to plaintiff. In 2007, plaintiff voluntarily tithed $230,000.00 to defendant Christ Alive Christian Center. Five years later, in 2012, the instant action was commenced seeking return of the tithe. At her examination before trial, plaintiff testified that defendant Pastor Dean Brown “counseled her” on the amount to tithe, and indicated that $230,000.00, or 10 percent of the gross settlement figure, was the correct amount. Plaintiff cited confusion on her part — indicating that she intended to tithe 10 percent of her structured monthly payments — but did not allege that the $230,000.00 was procured through fraud or duress. Defendants move for summary dismissal of the entire complaint. LEGAL STANDARD & DISCUSSION “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” (Congregation Yetev Lev D’Satmar, Inc. v. Kahana, 9 NY3d 282, 286 [2007]). “[J]udicial involvement is permitted when the case can be decided solely upon the application of neutral principles of…law, without reference to any religious principle” (id. [internal citations and quotation marks omitted]). Defendants contend this matter must be dismissed as it presents a non-justiciable ecclesiastical issue as to the religious interpretation of church doctrine concerning biblical tithing. Plaintiff contends the First Amendment will not operate to shield defendants of liability for exploiting a cognitively impaired,1 emotionally vulnerable woman. Unfortunately for plaintiff, no matter how the inquiry is framed, it requires the issue of what would have been a proper tithe under these circumstances to be litigated in this forum, which is constitutionally impermissible. Of note, this seemingly “unjust” result was illuminated by the Honorable Robert S. Smith but rejected by the majority in Congregation Yetev Lev D’Satmar.2 In light of this clear precedent, this Court is constitutionally constrained to dismiss this matter as nonjusticiable. ACCORDINGLY, it is hereby ORDERED, that the motion be and hereby is granted, and it is ORDERED that summary judgment be entered in favor of Defendants as against Plaintiff dismissing the complaint in the above-entitled action. This constitutes the Decision and Order of the Court. Dated: October 1, 2019
