The defendants-appellants are The True Church of God, Inc., a religious corporation, its various trustees and officers, and several related religious entities. Under the by-laws of The True Church of God, Inc., defendant Thomas Streitferdt has nearly absolute authority over the church, its trustees and officers, its membership, and the related churches. The plaintiff minors, by their father and natural guardian, sue on various causes of action based on their allegation that defendant Thomas Streitferdt, who is represented by separate counsel and was not a party to the underlying motion, raped, sodomized and sexually abused them while they were under his religious guidance. In opposition to the appealing defendants' motion for summary judgment, the plaintiffs submitted an affidavit of their mother, a former member of the church. This affidavit, and the constitution and by-laws of The True Church of God, Inc., suggest that there is a close relation and little distinction among the various entities, with complete domination of the churches and its members by defendant Streitferdt, the members of his family, and his close confidantes. The record suggests that much about the relationship among the various defendants has been hidden. Accordingly, there is a likelihood that discovery would yield essential facts otherwise in the exclusive control of the defendants (See Goldheart Internat'l. v. Vulcan Const. Corp., 124 A.D.2d 507, 508). Such discovery is necessary before the arguments of the defendants can be tested on a motion for summary judgment.
