HYMAN v. ROSENBAUM YESHIVA

A-11 September Term 2023 087994.

317 A.3d 1260 (2024)

258 N.J. 208

Shlomo HYMAN, Plaintiff-Appellant, and Freidi Hyman, Bracha Hyman, Yaakov Hyman, Aharon Hyman, Temima Hyman, and Eliora Hyman (a minor, by her parent and guardian Shlomo Hyman), Plaintiffs, v. ROSENBAUM YESHIVA OF NORTH JERSEY, Adam Mermelstein, Yehuda Rosenbaum, and Daniel Price, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 24, 2024.


Attorney(s) appearing for the Case

Richard I. Scharlat argued the cause for appellant (Fox Rothschild, and Rivkin Law Group, attorneys; Richard I. Scharlat, of counsel and on the briefs, and Oleg Rivkin (Rivkin Law Group) of the New York and District of Columbia bars, admitted pro hac vice, on the briefs).

Akiva Shapiro (Gibson, Dunn & Crutcher) of the New York bar, admitted pro hac vice, argued the cause for respondents (Hartmann Doherty Rosa Berman & Bulbulia, and Gibson, Dunn & Crutcher, attorneys; Mark A. Berman, Jeremy B. Stein, River Edge, and Akiva Shapiro, on the brief).

Peter G. Verniero, Newark, argued the cause for amicus curiae New Jersey Catholic Conference (Sills Cummis & Gross, attorneys; Peter G. Verniero and Michael S. Carucci, of counsel and on the brief).

Laura Wolk Slavis of the Maryland and District of Columbia bars, admitted pro hac vice, argued the cause for amici curiae Diocese of Eastern America of the Serbian Orthodox Church, Eastern American Diocese of the Russian Orthodox Church Outside Russia, Romanian Orthodox Metropolia of the Americas, and the Antiochian Orthodox Christian Archdiocese of North America (The Becket Fund for Religious Liberty, attorneys; Richard C. Osborne, Laura Wolk Slavis, and Eric C. Rassbach of the California, Texas, and District of Columbia bars, admitted pro hac vice, on the brief).

Viviana M. Hanley, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Matthew J. Platkin, Attorney General, attorney; Jeremy M. Feigenbaum, Solicitor General, of counsel, and Viviana M. Hanley, on the brief).

Diane P. Sullivan, Princeton, submitted a brief on behalf of amici curiae Professor Michael W. McConnell and Professor Douglas Laycock (Weil, Gotshal & Manges, attorneys; Diane P. Sullivan, Jared R. Friedmann of the New York bar, admitted pro hac vice, Shai Berman of the New York bar, admitted pro hac vice, Daniel M. Lifton of the New York bar, admitted pro hac vice, and Mark I. Pinkert of the Florida bar, admitted pro hac vice, on the brief).

Brian D. Mogck submitted a brief on behalf of amici curiae The National Council of Young Israel, The Jewish Coalition for Religious Liberty, Agudath Israel of America and Union of Orthodox Jewish Congregations of America (Walden Macht & Haran, attorneys; Brian D. Mogck, on the brief).


The six members of the Court who participated in this appeal unanimously agree that the standard set forth in in McKelvey v. Pierce, 173 N.J. 26, 51, 800 A.2d 840 (2002), applies in this case. The Court thus readopts that standard, with two refinements...

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