You are here: / / ALTHOUGH THE DISPUTE BETWEEN PLAINTIFF AND A RABBI INVOLVED THE PURCHASE...
,

ALTHOUGH THE DISPUTE BETWEEN PLAINTIFF AND A RABBI INVOLVED THE PURCHASE OF TORAH BOOKS AND THE JEWISH CUSTOM OF SHIDUCH, THE MATTER COULD BE DECIDED BASED ON NEUTRAL PRINCIPLES OF LAW IN THE STATE COURTS (SECOND DEPT).

The Second Department determined a dispute between plaintiff and a rabbi involved neutral principles of law and therefore could be adjudicated in the state court system:

​

The plaintiff commenced this action to recover damages for breach of contract and fraud, alleging that she made several payments to the defendants totaling $214,000 for the purchase of three torah books, and for the defendants to find her a husband pursuant to the Jewish custom of “shiduch.” The plaintiff alleged that the defendants made false statements to induce her to make the payments, and had not performed pursuant to their agreement. …

​

“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” … . However, “[c]ivil 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” … .

Here, the defendants failed to demonstrate that the plaintiff’s causes of action cannot be determined solely upon the application of neutral principles of law, without reference to religious principles … . Lifschitz v Sharabi, 2017 NY Slip Op 06530, 2nd Dept 9-20-17

 

CIVIL PROCEDURE (ALTHOUGH THE DISPUTE BETWEEN PLAINTIFF AND A RABBI INVOLVED THE PURCHASE OF TORAH BOOKS AND THE JEWISH CUSTOM OF SHIDUCH, THE MATTER COULD BE DECIDED BASED ON NEUTRAL PRINCIPLES OF LAW IN THE STATE COURTS (SECOND DEPT))/CONSTITUTIONAL LAW (RELIGION, ALTHOUGH THE DISPUTE BETWEEN PLAINTIFF AND A RABBI INVOLVED THE PURCHASE OF TORAH BOOKS AND THE JEWISH CUSTOM OF SHIDUCH, THE MATTER COULD BE DECIDED BASED ON NEUTRAL PRINCIPLES OF LAW IN THE STATE COURTS (SECOND DEPT))/RELIGION (ALTHOUGH THE DISPUTE BETWEEN PLAINTIFF AND A RABBI INVOLVED THE PURCHASE OF TORAH BOOKS AND THE JEWISH CUSTOM OF SHIDUCH, THE MATTER COULD BE DECIDED BASED ON NEUTRAL PRINCIPLES OF LAW IN THE STATE COURTS (SECOND DEPT))

You might also like
No Showing Attorney Had Acquired Any Client Confidences Before Changing Firms
THE PEOPLE DID NOT DEMONSTRATE THAT THE ANALYST WHO TESTIFIED ABOUT THE GENERATION OF THE DNA PROFILE HAD FIRST-HAND KNOWLEDGE OF THE PROCEDURE USED OR INDEPENDENTLY ANALYZED THE RAW DATA; NEW TRIAL ORDERED (SECOND DEPT).
OUT-OF-POSSESSION LANDLORD NOT LIABLE FOR FALL ON A WET FLOOR IN THE LEASED PREMISES.
BECAUSE THE ZONING BOARD DID NOT ADDRESS THE MERITS OF AN APPLICATION FOR A VARIANCE, SUPREME COURT COULD NOT ADDRESS THE MERITS.
THE SCAFFOLD ON WHICH PLAINTIFF WAS STANDING FELL OVER WHEN HE ATTEMPTED TO MOVE IT WHILE STANDING ON IT; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) AND 241(6) CAUSES OF ACTION (SECOND DEPT).
THE PRODUCTS LIABILITY AND BREACH OF WARRANTY CAUSES OF ACTION ALLEGING THE FAILURE OF AN IMPLANTED MEDICAL DEVICE WHICH ASSISTS THE HEART WERE PREEMPTED BY FEDERAL LAW; THE CAUSES OF ACTION ALLEGING NEGLIGENCE ON THE PART OF THE ENGINEERS WHO REPLACED THE LEAD TO THE DEVICE WERE NOT PREEMPTED (SECOND DEPT).
Best Interests of Child Allowed Mother’s Relocation
FAILURE TO INFORM INSURER OF A SETTLEMENT WITH THE INSURED PARTY IN THIS TRAFFIC ACCIDENT CASE JUSTIFIED GRANTING THE INSURER’S PETITION TO PERMANENTLY STAY ARBITRATION ON AN UNINSURED MOTORIST BENEFITS CLAIM (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

MOTION TO EXTEND TIME TO EFFECT SERVICE SHOULD HAVE BEEN GRANTED (SECOND DE... DISCOVERY STATUTE MUST BE LIBERALLY CONSTRUED, PLAINTIFF ENTITLED TO CONTRACTS...