Legal Opinion

Smith v. Ebenezer Baptist Church, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 25, 2012Published

1Opinion of the Court

*810On December 23, 2003, the plaintiff and the defendant Ebenezer Baptist Church, Inc. (hereinafter the Church), entered into a contract pursuant to which the plaintiff was to serve as the defendant’s pastor. In pertinent part, the contract provided that if the plaintiffs employment was to be terminated, “[a]n announcement is to be made two weeks in advance, one each week before the called Business meeting. Two thirds of the members present must vote for removal of the Pastor.” At a meeting held on April 15, 2008, more than two thirds of the members of the Church present at the meeting voted to…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  3. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  4. Henrich v. Phazar Antenna Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Alvarez v. AmicucciAppellate Division of the Supreme Court of the State of New York · 2011

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