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WILSON v. CHRIST ALIVE CHRISTIAN CTR.

Index No. 303128/12. Appeal No. 14286. Case No. 2020-01303.

198 A.D.3d 435 (2021)

152 N.Y.S.3d 318

2021 NY Slip Op 05315

Rhona Wilson, Appellant, v. Christ Alive Christian Center et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 5, 2021.

Attorney(s) appearing for the Case

Heslop & Dominique, LLP, Brooklyn ( Garfield A. Heslop of counsel), for appellant.

Koster, Brady & Nagler, New York ( Jason J. Lavery of counsel), for respondents.

Concur—Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.

The motion court correctly found that this case involves a nonjusticiable controversy under the First Amendment (see Matter of Congregation Yetev Lev D'Satmar, Inc. v Kahana, 9 N.Y.3d 282, 286 [2007]). While plaintiff contends that the $230,000 payment she made to defendants five years before the action was commenced should not be considered a tithe, the record shows that the payment was, in fact, a tithe, and

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