AVITZUR v. AVITZUR


58 N.Y.2d 108 (1983)

Susan R. Avitzur, Appellant, v. Boaz Avitzur, Respondent.

Court of Appeals of the State of New York.

Decided February 15, 1983.


Attorney(s) appearing for the Case

Richard A. Hanft for appellant.

Louis-Jack Pozner for respondent.

Nathan Lewin, Dennis Rapps, Daniel D. Chazin and Ivan L. Tillem for National Jewish Commission on Law and Public Affairs, amicus curiae.

Robert J. Jossen and Stanley J. Friedman for Jewish Theological Seminary of America, amicus curiae.

Chief Judge COOKE and Judges FUCHSBERG and MEYER concur with Judge WACHTLER; Judge JONES dissents and votes to affirm in a separate opinion in which Judges JASEN and SIMONS concur.


WACHTLER, J.

This appeal presents for our consideration the question of the proper role of the civil courts in deciding a matter touching upon religious concerns. At issue is the enforceability of the terms of a document, known as a Ketubah, which was entered into as part of the religious marriage ceremony in this case. The Appellate Division held this to be a religious covenant beyond the jurisdiction of the...

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