6 New York opinions name it 4 courts 1985–2024 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Trustees of the Diocese v. Trinity Episcopal Churchgreen2 sentences2024In applying the neutral principles analysis to determine whether a trust has been created, "courts should focus on the language of the deeds, the terms of the local church charter, the State statutes governing the holding of church property, and the provisions in the constitution of the general church concerning the ownership and control of church property, taking special care to examine each of these documents in secular terms and not relying on religious precepts to determine whether the parties intended a particular result" ( Trustees of Diocese of Albany v Trinity Episcopal Church of Glove 2004Mark, 293 AD2d 663, 664 [2002]; Trustees of Diocese of Albany v Trinity Episcopal Church of Gloversville, 250 AD2d 282 [1999]). | 1 | 2 |
Episcopal Diocese v. Harnishgreen2 sentences2011More specifically, the “[application of the neutral principles doctrine requires the court to focus on the language of the deeds, the terms of the local church charter, the State statutes governing the holding of church property, and the provisions in the constitution of the general church concerning the ownership and control of the church property” (Episcopal Diocese of Rochester v Harnish, 11 NY3d 340, 350 [2008] [internal quotation marks and citation omitted]). 2010The court must determine from them whether there is any basis for a trust or similar restriction in favor of the general church, taking special care to scrutinize the documents in purely secular terms and not to rely on religious precepts in determining whether they indicate that the parties have intended to create a trust or restriction’ ” (Episcopal Diocese of Rochester v Harnish, 11 NY3d at 350-351 , quoting First Presbyt. | 1 | 2 |
Congregation Yetev Lev D'Satmar, Inc. v. Kahanagreen1 sentence2024In applying the neutral principles analysis to determine whether a trust has been created, "courts should focus on the language of the deeds, the terms of the local church charter, the State statutes governing the holding of church property, and the provisions in the constitution of the general church concerning the ownership and control of church property, taking special care to examine each of these documents in secular terms and not relying on religious precepts to determine whether the parties intended a particular result" ( Trustees of Diocese of Albany v Trinity Episcopal Church of Glove | 1 | 1 |
Sam v. Church of St. Markgreen1 sentence2004Mark, 293 AD2d 663, 664 [2002]; Trustees of Diocese of Albany v Trinity Episcopal Church of Gloversville, 250 AD2d 282 [1999]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Torres v. West Street Realty Co.
green
1 sentence2004Other courts of this State also have applied the neutral principles doctrine (see Sieger v Union of Orthodox Rabbis of U.S. & Canada, 1 AD3d 180 [2003]; Sam v Church of St. | 1 | 2004–2004 |
First Presbyterian Church v. United Presbyterian Church in United States
green
1 sentence2004The neutral principles analysis is employed by courts "in the belief that when properly applied it avoids drawing civil courts into religious controversies by focusing on evidence from which the court may discern the objective intention of the parties and it also permits the State to protect its legitimate interests . . . ." ( id. at 121 ). | 1 | 2004–2004 |
Avitzur v. Avitzur
green
2 sentences2004Rather, pursuant to the neutral principles doctrine, "a State may adopt any approach to resolving religious [*3]disputes which does not entail consideration of doctrinal matters" ( id. ). "[T]he 'neutral principles of law' approach [is] consistent with constitutional limitations [concerning the separation of church and state] . . . [and] contemplates the application of objective, well-established principles of secular law to the dispute, thus permitting judicial involvement to the extent that it can be accomplished in purely secular terms" ( id. [citations omitted]). 2004Rather, pursuant to the neutral principles doctrine, "a State may adopt any approach to resolving religious [*3]disputes which does not entail consideration of doctrinal matters" ( id. ). "[T]he 'neutral principles of law' approach [is] consistent with constitutional limitations [concerning the separation of church and state] . . . [and] contemplates the application of objective, well-established principles of secular law to the dispute, thus permitting judicial involvement to the extent that it can be accomplished in purely secular terms" ( id. [citations omitted]). | 1 | 2004–2004 |
Bennison v. Sharp
green
2 sentences1985(Bennison v Sharp, 121 Mich App 705 , 329 NW2d 466 [1982].) Thus, all prior New York State decisions in this area may have limited value as precedent and must be subjected to the neutral principles analysis (see, e.g., Saint Nicholas Ukranian Orthodox Church v St. 1985(Bennison v Sharp, 121 Mich App 705 , 329 NW2d 466 [1982].) Thus, all prior New York State decisions in this area may have limited value as precedent and must be subjected to the neutral principles analysis (see, e.g., Saint Nicholas Ukranian Orthodox Church v St. | 1 | 1985–1985 |
Conklin v. State
green
1 sentence1985Nicholas Ruthenian Greek Catholic Church, 157 NYS2d 586 [1956]; Conklin v State of New York, 284 App Div 193 [1954]). | 1 | 1985–1985 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.