Opinion
Argued September 5, 2000.
October 16, 2000.
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated November 4, 1999, which denied its motion pursuant to CPLR 3211(a)(2), (7), and (10) to dismiss the complaint.
Hirsch, Britt Mosé, Garden City, N.Y. (Edgar A. Hirsch III and Louise H. Feffer of counsel), for appellant.
Wolfe Yukelson, PLLC, Port Washington, N.Y. (Meredith L. Bernstein of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly determined that it had subject matter jurisdiction over the plaintiff's causes of action to recover damages for breach of contract. The matter can be decided solely upon the application of neutral principles of law, without reference to any religious principles or doctrine (see, First Presbyt. Church of Schenectady v. United Presbyt. Church in U.S. of Amer., 62 N.Y.2d 110, cert denied 469 U.S. 1037; Jones v. Wolf, 443 U.S. 595; Avitzur v. Avitzur, 58 N.Y.2d 108, cert denied 464 U.S. 817; Rende Esposito Consultants v. St. Augustine's R. C. Church, 131 A.D.2d 740). Also, the complaint sufficiently states a cause of action (see, Dye v. Catholic Med. Ctr. of Brooklyn Queens, 273 A.D.2d 193 [2d Dept., June 5, 2000]). Finally, the parish to which the plaintiff was assigned is not a necessary party. The plaintiff can obtain complete relief on his causes of action, if proven, from the defendant (see, Matter of Baker v. Town of Roxbury, 220 A.D.2d 961).