OPERATION CLAMBAKE: SCIENTOLOGY COURT FILES

Part of a public library containing court papers related to lawsuits involving Scientology in some way. Collected to help lawyers and critics of Scientology in future lawsuits from or against this cult. Please report back if this has been of help, or send new contributions to the collection. Thanks. Andreas Heldal-Lund (heldal@online.no)




                     Stephen R. PACCA, Plaintiff-Respondent,
                                       v.
   The CHURCH OF SCIENTOLOGY OF NEW YORK, INC., et al., Defendants-Appellants.
                       Supreme Court, Appellate Division,
                                First Department.
                                 Nov. 22, 1983.
  Appeal was taken from order entered by the Supreme Court, New York County,
 John Bradley, J., which denied motion for summary judgment dismissing causes of
 action against certain defendants for unauthorized medical treatment.  The
 Supreme Court, Appellate Division, held that no justiciable cause of action was
 taken against certain defendants for unauthorized medical treatment which
 plaintiff received at offices of another defendant corporation where there was
 no indication that these defendants had any connection to, or involvement in,
 the purported conduct which formed basis of plaintiff's complaint and these
 defendants were legal entities separate and apart from each other, as well as
 from that of the corporate defendant and were, moreover, located in different
 and distinct buildings.
  Modified and affirmed.

 PHYSICIANS AND SURGEONS
 No justiciable cause of action was stated against certain defendants for
 unauthorized medical treatment which plaintiff received at offices of another
 defendant where there was no indication whatever that defendants had any
 connection to, or involvement in, purported conduct which formed basis of
 complaint and these defendants were legal entities separate and apart from each
 other, as well as from that of defendant corporation at which treatment was
 received and were, moreover, located in different and distinct buildings.
  **638 G.J. Karlick, Brooklyn, for plaintiff-respondent.
  S.M. Katz and J.B. Reich, New York City, for defendants-appellants.

  Before SULLIVAN, J.P., and ROSS, FEIN, MILONAS and ALEXANDER, JJ.

  MEMORANDUM DECISION.
  Order of the Supreme Court, New York County, entered on January 17, 1983,
 which, inter alia, denied the motions for summary judgment dismissing the
 first, second and sixth causes of action by defendants Church of Scientology of
 New York, Inc., Scientology Center, Inc., The Church of Scientology, Mission of
 East Manhattan, Celebrity Center, Inc., and Helen Geltman and denied the cross-
 motion by defendant Daniel Kuhn for partial summary judgment and for a
 severance, is unanimously modified on the law and the facts to the extent of
 granting the motion by defendants Church of Scientology of New York, Inc. and
 The Church of Scientology, Mission of East Manhattan, Celebrity Center, Inc.
 for summary judgment dismissing the first, second and sixth causes of action as
 to them, and otherwise affirmed, without costs or disbursements.
  **639 Plaintiff alleged that the unauthorized medical treatment which he
 received occurred at *734 the offices of the Scientology Center, Inc.  There
 is no indication whatever that defendants The Church of Scientology of New
 York, Inc. and The Church of Scientology, Mission of East Manhattan, Celebrity
 Center, Inc. had any connection to, or involvement in, the purported conduct
 which forms the basis of plaintiff's complaint.  These defendants were legal
 entities separate and apart from each other, as well as from that of the
 Scientology Center, Inc., and were, moreover, located in different and distinct
 buildings.  Consequently, Special Term should have granted the motions by The
 Church of Scientology of New York, Inc., and The Church of Scientology of East
 Manhattan, Celebrity Center, Inc., for summary judgment dismissing the first,
 second and sixth causes of action as to them.

End of file...