879 N.E.2d 171, 849 N.Y.S.2d 31 Gilbert v. Evangelical Lutheran Church in Am. Court of Appeals of the State of New York. Decided December 13, 2007. Appeal from the 4th Dept: 43 AD3d 1287. Motions for Leave to Appeal denied. Tagged: 849 N.Y.S.2d 31879 N.E.2d 171