The opinion
Chih-Chen Ma v Wei Li Wang
2025 NY Slip Op 30170(U)
January 14, 2025
Supreme Court, New York County
Docket Number: Index No. 655044/2022
Judge: Lyle E. Frank
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
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This opinion is uncorrected and not selected for official
publication.
INDEX NO. 655044/2022
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 01/14/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LYLE E. FRANK PART 11M
Justice
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CHIH-CHEN MA, NING KAN YANG,
12/24/2024,
Plaintiff, MOTION DATE 12/24/2024
-v- MOTION SEQ. NO. 007 008
WEI LI WANG, MING TONG, CHINA BUDDHIST
ASSOCIATION DECISION + ORDER ON
MOTION
Defendant.
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The following e-filed documents, listed by NYSCEF document number (Motion 007) 265, 266, 267, 268,
269, 270, 271, 272, 273, 274, 275, 289, 290, 291, 293, 294, 301, 302, 303, 304, 305, 306, 307, 308, 309,
310, 311
were read on this motion to/for INJUNCTION/RESTRAINING ORDER .
The following e-filed documents, listed by NYSCEF document number (Motion 008) 276, 277, 278, 279,
280, 281, 282, 283, 284, 285, 286, 287, 288, 292, 297, 298, 299, 300
were read on this motion to/for CONTEMPT .
Upon the foregoing documents, plaintiffs’ motion seq. 007 is granted in part and denied
in part, and defendant’s motion seq. 008 is granted in part and denied in part.
Background
These motions arise out of long-running dispute over the spiritual and corporate
governance of the China Buddhist Association (CBA), a religious organization founded in 1963
that owns and operates three temples in New York, after the death on December 4, 2022, of the
then-President and Grandmaster Ming Yee. On December 5th, 2022, the CBA Board held a
special emergency meeting, issuing a set of decisions (the “December 5 Decision”) which
delineated who was in charge of certain governance matters. It also stated that defendant Rev.
We Li Wang (“Wang”) would “temporarily be in charge of daily management of CBA until the
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annual election.” But shortly thereafter, another purported meeting was held that attempted to
replace Wang as Grandmaster, an action that led to the underlying lawsuit.
After years of hearings and litigation, this Court issued an order on December 17, 2024
(the “December Order”). In the December Order, the Court issued several preliminary
injunctions. Relevant to these motions are the orders that: 1) any actions taken by defendant Wei
Li Wang (“Wang”) in her positions within the CBA shall abide by the organization’s bylaws; 2)
that plaintiffs Chih-Chen Ma and Ningkang Yang (collectively, “Plaintiffs”) are preliminary
enjoined from conducting any meetings or taking any actions on behalf of CBA, as well as
admitting any disciples or members on behalf of the CBA. Following the December Order, the
parties have continued to vigorously dispute the implications and impact of the Order, leading to
several calls to the NYPD and the bringing of the present motions.
The Present Motions
In mot. seq. 007, Plaintiffs seek to vacate the December Order or in the alternative,
ordering that Plaintiffs are “preliminary enjoined from acting outside the usual course of
business” of the CBA rather than being enjoined from taking any actions on behalf of the
organization. They also seek a variety of preliminary injunctions restraining: 1) Wang from
entering into contracts/purchases on behalf of CBA; 2) the parties from disparaging each other;
3) Wang from admitting or expelling any new members or disciples; and 4) Wang from holding
herself out as a trustee or officer of CBA or paying any associated expenses.
In mot. seq. 008, Wang seeks to hold Plaintiffs in contempt of court for allegedly failing
to comply with the December Order. Wang further seeks an order compelling Plaintiffs to restore
the status quo prior to the entry of a temporary restraining order issued December 30, 2022, and
to turn over the control and day-to-day management of the CBA to Wang. They also seek several
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preliminary injunctions, including an order removing Plaintiffs from the CBA bank accounts and
staying Plaintiffs from: 1) interfering with any of CBA’s property; 2) disparaging the CBA
and/or Wang; 3) conducting any meetings or elections on behalf of CBA; 3) accepting any
disciples or members; and 4) participating in any Buddhist meetings or services.
Discussion
At the heart of the parties’ disputes here are their different understandings of the
delineation of the responsibilities and powers of the religious leaders of the organization and the
corporate leaders (as set forth in the bylaws). Complicating matters is the fact that the previous
Grandmaster, Ming Yee, was also the President of the Board (and therefore by extension, the
Chairman of the Trustees); the bylaws’ silence on certain crucial matters; and the different
interpretations of the December Order.
Many of these issues can be resolved by holding the overdue election of the corporate
officers, although this raises another sub-issue: who are the members eligible to participate in
this election? The bylaws state that “[m]embership in this organization shall be open to all who
are of the Buddhist faith and have been admitted as disciples.” The bylaws’ silence on how a
person is admitted as a disciple and who admits them, leading to a hot issue of dispute between
the parties. The Court will be appointing a Temporary Receiver to oversee the election in
accordance with the procedures laid out in the bylaws, and the membership roll for this election
should consist of those who were eligible members as of December 4, 2022, the date that the
previous Grandmaster and President passed away.
As regards the parties’ many requests in these two motions, most of them will be resolved
by the results of the election and clarifying certain parts of the December Order. Pending the
determination of this suit, Wang is the Grandmaster and therefore currently the religious head of
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the CBA. But the December Order stated that she is to “abide by all by-laws” of the CBA. This
would include following the procedures laid out in the bylaws for removing directors and
trustees.
While Grandmaster Ming Yee was also the President and Chairman, thus giving her both
religious and corporate authority over the CBA, the role of President cannot be passed down but
must be elected pursuant to the bylaws. Further corporate governance responsibilities and powers
over the day-to-day management of the CBA are vested by the bylaws in the Directors and
Trustees, not the Grandmaster. The bylaws lay out the duties and responsibilities to be followed
by the duly elected officers.
The Defendant Wang’s Requested Preliminary Injunctions
Defendant Wang’s requested preliminary injunctions largely turn on a misunderstanding
of the role of the Grandmaster under the bylaws, and therefore several of the requested
injunctions do not satisfy the likelihood of success on the merits prong of a preliminary
injunction. Both parties seek in their respective motions to prevent the other from admitting or
expelling members, a position on which as stated above the bylaws are largely silent. As the First
Department held in examining this issue in a previous CBA case, this makes the admittance or
expulsion of members a religious, nonjusticiable matter vested in the leader’s discretion. Matter
of Ming Tung v. China Buddhis Assn., 124 A.D.3d 13, 20-21 (1st Dept. 2014).
Wang asks the Court to hold the Plaintiffs in contempt of court for refusing to turn over
the corporate control of the CBA. This the Court declines to do. Another requested relief is that
the Court order Plaintiffs to restore Wang to the “status quo prior to the entry of the temporary
restraining order issued on December 30, 2022.” By this, Wang means handing over full control
of the corporate governance, books, bank accounts, and so on to her in her position as
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Grandmaster. As stated above, the bylaws do not authorize the Grandmaster to run the corporate
side of the CBA but rather the President, an elected position. But the December 5 Decision,
which remains in effect, granted certain temporary powers to Wang and other individuals until
the annual election. Therefore, the new election will largely resolve this matter. The duly elected
officials will, post-election, carry out the management of the CBA in accordance with the
bylaws.
The Court notes that while Wang is likely the Grandmaster pending the resolution of this
action, and therefore at this time is the religious head of the CBA, the requested relief of banning
Plaintiffs from “participating in or hosting any Buddhist meetings or services” (emphasis added)
is too broad and would be a clear infringement on Plaintiffs’ religious rights. Religious authority
over the CBA does not extend to religious authority over Buddhism as a whole.
The Plaintiffs’ Requested Preliminary Injunctions
Plaintiffs have requested to vacate the December Order, or, in the alternative, to modify
it. They argue that as written, the order prevents the elected officers from carrying out the
essential day-to-day business of the CBA. Because the December 5 Decision is currently
controlling, to the extent that the December Order conflicts with that board decision, it is
modified. The Court has considered the parties’ other arguments and found them unavailing.
Accordingly, it is hereby
ORDERED that within 30 days of the date of entry of this order, the Chinese Buddhist
Association will hold an election to determine the directors and trustees in accordance with the
bylaws; and it is further
ORDERED that Joseph Yau, Esq., with the email of jyau@jyaulaw.com and an office at
139 Centre St. STE 816, New York, New York 10013, be and hereby is appointed temporary
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receiver in order to oversee the said election of the Chinese Buddhist Association, including
determining the eligible member roll as of December 4, 2022, and ensuring compliance with the
board decision dated December 5, 2022, NYSCEF Doc. # 13 until said election; and it is further
ORDERED that the powers granted hereby to the temporary receiver may not be extended
except on further order of the court; and it is further
ORDERED that the temporary receivership hereby authorized shall continue only up to the
completion of the election unless hereafter directed otherwise by this court upon motion; and it is
further
ORDERED that the temporary receiver shall give an undertaking in the amount of $2,000
that he will faithfully discharge his duties in such capacity; and it is further
ORDERED that the temporary receiver shall keep written accounts as provided in CPLR
6404; and it is further
ORDERED that, pursuant to Section 36.1 of Part 36 of the Rules of the Chief Judge, the
temporary receivership shall be subject to said Part 36; and it is further
ORDERED that, by accepting this appointment, the temporary receiver certifies that he is
in compliance with Part 36, including Section 36.2 (d) (“Limitations on appointments based upon
compensation”), but if he is disqualified from receiving such appointment pursuant to the
provisions of Part 36, he shall notify this court forthwith; and it is further
ORDERED that, by accepting this appointment, the temporary receiver certifies that he is
familiar with the duties and responsibilities of a temporary receiver, has experience in such area,
and is fully capable of assuming, and prepared to assume, those duties and responsibilities, which
are commensurate with his/her abilities; and it is further
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ORDERED that attorneys or support staff in the appointee’s office may perform tasks
under the appointee’s direct supervision unless otherwise directed by the court, but all substantive
appearances and reports must be made, performed, and created by the appointee; and it is further
ORDERED that, pursuant to Section 36.1(a) (10) of Part 36 of the Rules of the Chief Judge,
the temporary receiver is not authorized to hire counsel, an accountant, auctioneer, appraiser,
property manager, or real estate broker (secondary appointees) without further order of this court,
and that the temporary receiver is not authorized to pay fees to any secondary appointee without
further order of this court; and it is further
ORDERED that, pursuant to Section 36.2 (c) (8), no temporary receiver shall be appointed
as his or her own counsel and no person associated with a law firm of that receiver shall be
appointed as counsel to that receiver unless there is a compelling reason to do so; and it is further
ORDERED that counsel for the movant shall, within 15 days from the date of this order,
file a copy hereof with notice of entry with the Fiduciary Clerk; and it is further
ORDERED that such filing with the Fiduciary Clerk shall be made in accordance with the
procedures set forth in the Protocol on Courthouse and County Clerk Procedures
For Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website); and it is
further
ADJUDGED that plaintiff’s motion 007 is granted in part and denied in part; and it is
further
ORDERED that the board decision dated December 5, 2022, NYSCEF Doc. # 13,
remains in effect until the aforementioned election takes place; and it is further
ORDERED that the Order dated December 17, 2024, is modified only to the extent that it
conflicts with the board decision dated December 5, 2022, NYSCEF Doc. # 13; and it is further
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ORDERED that plaintiffs, Chih-Chen Ma and Ning Kan Yang, their agents, assignees,
and/or representatives, or anybody acting in concert with them, are preliminarily enjoined from
disparaging defendant Wei Li Wang or her agents, and assigns; and it is further
ORDERED that defendant, Wei Li Wang, her agents, assignees, and/or representatives,
or anybody acting in concert with them, are preliminarily enjoined from disparaging Plaintiffs
Chih-Chen Ma and Ning Kan Yang or their agents, and assigns.
1/14/2025
DATE LYLE E. FRANK, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED X GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
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