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Featured Case

Dispute Between the Church and the Nun Who Was Defrocked and Ejected From the Convent Is Not Justiciable in New York Courts Under the First Amendment

The Second Department, reversing Supreme Court, over a two-justice dissent, determined the action stemming from plaintiff church’s defrocking and ejecting defendant nun from a convent was not justiciable in the New York courts because inquiry into religious doctrine or practice was required. Defendant nun had complained about sexual harassment by a priest and alleged she was retaliated against by the plaintiff church, Russian Orthodox Convent Novo-Diveevo, Inc. v. Sukharevskaya, 2018 N.Y. Slip Op. 08167, Second Dept 11-28-18

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.