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CONGREGATION YETEV v. KAHANA

9 N.Y.3d 282 (2007)

879 N.E.2d 1282

849 N.Y.S.2d 463

In the Matter of CONGREGATION YETEV LEV D'SATMAR, INC., et al., Appellants, v. JACOB (JENO) (YAAKOV) KAHANA et al., Respondents. CONGREGATION YETEV LEV D'SATMAR, Inc., et al., Appellants, v. 26 ADAR N.B. CORP. et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Kirkpatrick & Lockhart Preston Gates Ellis LLP, New York City (Gerald A. Novack and Walter P. Loughlin of counsel), Smith, Buss & Jacobs, LLP, Yonkers (Jeffrey D. Buss of counsel), and Thacher Proffitt & Wood LLP, White Plains (Kevin J. Plunkett of counsel), for appellants.

Herrick, Feinstein LLP, New York City (Scott E. Mollen and Paul Rubin of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and READ concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion; Judge JONES taking no part.

OPINION OF THE COURT

PIGOTT, J.

The central issue in this appeal is whether resolution of an election controversy between two rival factions of a religious congregation can be achieved through the application of neutral principles of law without judicial intrusion into matters of religious doctrine. Like the trial court and Appellate Division, we conclude that it cannot.

Congregation Yetev Lev D'Satmar...

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