By COLlive reporter
The Appellate Term of the Supreme Court of the State of New York issued a verdict on the long-brewing case of the ownership rights to the main shul at 770 Eastern Parkway – Lubavitch World Headquarters in Brooklyn, NY.
Judges Wavny Toussaint, Marina Cora Mundy and Lisa Ottley ruled on the matter, as the 770 shul made international headlines due to the anarchy displayed there and the unauthorized construction work by bochurim.
Agudas Chassidei Chabad (Aguch) and Merkos L’Inyonei Chinuch, central organizations of the Chabad-Lubavitch movement, are the stated owners of the 770 and 778 buildings. Howard Wintner and David S. Abramson of The Abramson Group, PLLC represented them.
Fighting them is Congregation Lubavitch, Inc. (“CLI”) led by the 770 Gabboim Zalman Lipskier and Avrohom Holtzberg, and former 770 shamash Sholom Ber Kievman. Edward S. Rudofsky, P.C. represented them.
The plaintiff Gabboim / CLI claim that the main shul belongs to the Crown Heights community and not the Chabad establishment, and as such, they are the legal caretakers and decision-makers of the 770 shul on the ground floor of the 778 building.
As the case dragged on in court for some 20 years, the Gabboim had de facto control over the Shul. Under their control, rough bochurim, believing the Rebbe is physically alive, have banished people from the premises, exercised violence, and dug the infamous tunnel to expand 770.
When the Civil Court ruled in favor of Aguch and Merkos, the Gabboim appealed the decision. This new 20-page ruling is the court’s verdict on that. Currently, both sides are claiming victory.
David S. Abramson, attorney for Merkos and Aguch, said in a statement to COLlive.com:
“Notwithstanding any inaccurate claims to the contrary, this was a complete victory for Merkos and Aguch in all material and meaningful aspects. Most importantly, the Court affirmed the judgments against the Gabboim.
“The Court affirmed The ownership rights of Merkos and Aguch and did not give any credence to the main defenses asserted by the Gabboim.
“It is important that everyone know that the Court noted Aguch’s and Merkos’ Court representation that once they regain possession and control of the synagogue, any person who acts with proper decorum will be allowed to worship at the Synagogue.”
Rabbi Eli Cohen, Executive Director of the CHJCC who supports the Gabboim/CLI, said in a statement to COLlive.com:
“The Appellate Term of the Supreme Court of New York today issued a decision overturning the decision of the Civil Court that evicted the shul and the Gabbaim from 770. The only portion of the lower court decision that was affirmed was with regard to the shul offices located in 302-304 Kingston Avenue.
“In its decision, the three-judge panel wrote that Congregation Lubavitch should not have been sued, that the plaintiffs committed to keeping the shul open for religious services, and that the courts cannot determine who the Gabbaim should be.”
He said the Gabboim will comply with the order as far as surrendering the Kingston Avenue buildings to Merkos and that now this case is resolved, they look forward to working together with Merkos and Aguch leadership to restore order to the shul and to planning the needed expansion.
Yaacov Behrman, a PR liaison for Merkos, added:
“This is my understanding after speaking with the lawyers and others who have been involved in the case for years.
“The fact that the proceedings were dismissed against Congregation Lubavitch, Inc. is not relevant, as CLI represented to the Civil Court that they are not in possession of the Shul. To the extent that CLI might now try to claim they are, a Judgment of Ejection was already issued against CLI by Judge Harkavy many years ago in the Supreme Court and affirmed by the Appellate Court. They can’t have it both ways.
“When taken together, these two court determinations confirm the full rights of ownership in Aguch and Merkos and their legal ability to restore order, respect, and reverence to the Rebbe’s Shul.”
I read through the verdict and i don’t understand half of what it is saying anybody care to explain
This is a pointless article
That if you go to 770 to Davin, and not make trouble. you have nothing to worry about.
Tiny slice of background: Merkaz and Aguch petitioned that the offices above 770 belong to them and that Cong. Lubavitch (and the gabbaim) were illegally occupying the property. The Supreme Court ruled that the arguments made by Cong. Lubavitch against Merkaz and Aguch were invalid. (CLI brought forth multiple rulings and laws from precedented cases to argue their own case, but the SC ruled each of those arguments not good enough.) However: As to the Gabbaim’s claim that they are the ones responsible and that Merkaz cannot be determining who can occupy those positions, the SC ruled in the gabbaims… Read more »
The court has already previously ruled in favor of merkos. Being the previous order to vacate it was already given and no new evidence was presented that the gabayim had not vacated the court could not rule again on the same thing. As to who should actually run the building the court doesn’t care. The ownership however belongs to merkos and that is uncontested. Merkos one control over 302.
For the same reason that till now the gabayim have been running the place they will probably continue to. The only way this would change is in front of a bais din.
“The only way to bring a special proceeding against an unincorporated association [as are the gaboyim] is to bring it “against the president or treasurer of such an association” … While the petitions allege that respondent Zalman Lipskier “acts in a representative capacity equivalent to president of Congregation Lubavitch of Agudas Chasidei Chabad,” we deem that insufficient to maintain a proceeding against Congregation Lubavitch of Agudas Chasidei Chabad … and, thus, the final judgments were improperly entered against these associations. As there was no proof that so much of the appeals as was by the alleged unincorporated associations, Congregation Lubavitch… Read more »
However, Mercos and Aguch did win and are now able to take possession of the (302-304) Kingston Ave buildings currently being occupied by the gaboyim.
Replace “the gaboyim” in your last paragraph with “the Congregation”, and you are correct.
“The Congregation” is not ejected. Who runs “the Congregation”?.. “the gaboyim”!!!
Interesting to know that something similar already happened between Ming Tung and China Buddhists. But can someone tell in few words, what was good for Merkos vs what was good for Gabbais? ( Since article claims that both sides declared victory )
They’re both right!
When this fight is over.
If this is true
It’s pretty sad that this petty argument is holding back moshiach
Wake up both sides!
Merkos gets the building except for the shul.
Great decision; the shul belongs to the people!
Yud Shevat the Rebbe has spoken !
Ask a friend of yours who understands English better to read the link provided of court ruling, to explain it to you
It will be impossible to expand 770 properly if the shul can’t be touched
This is what deep Galus is – hostages in captivity, soldiers in danger, Yud Shvat, when we should be giving the Rebbe Nachas, and we’re still fighting…..
Right before the sun comes out it is the darkest.
90% of the people come to 770 to daven and learn. The place is packed on Shabbos and Yom tov. Nobody is being held hostage. The 10% who don’t know how to behave in a shul al pi halacha should be evicted. Everyone agrees.
So after 30 years of strife and litigation, on the 74th celebration of the Rebbe’s Nesius, the chaos continues. Its time that the so called leaders of lubavitch, all parties, come together and protect the Rebbe’s kovod. In close to 30 years on shlichus, I have never seen our dirty laundry so publicly displayed ans the Rebbe’s kovod trampled upon. Nearly every person that walked into our Chabad House last Shabbos has expressed their concern and confusion about this.
But you expect your dirty laundry not to explode one day? Just because it was camouflaged for 30 years that doesnt make it right either – it’s called deceiving. here the truth came out.
Time for EFFECTIVE PROFESSIONAL MANAGEMENT to take over 770/778 and restore immediatel The Rebbe’s Honor. What a tremendous terrible Chilul Hashem
I know a good locksmith
Is 100% correct
I agree. The gaboyim eitherdo not understand, or are lying. I assume for now they do not understand.
These rulings sound to me a lot like a “shnei dinim’’ type of lomdus too deep for my dumb head.
Very good!
Now let them work together to take care of the place to the happiness of the great majority of lubavitch that would like to ahavas yisrael
משיח כאו בחסד וברחמים
Here we come
Go Aguch
Certainly! This document is a court decision in a case involving religious organizations and property disputes. Here’s a simplified breakdown: Background: Two religious corporations, Agudas Chasidei Chabad and Merkos L’Inyonei Chinuch, filed lawsuits to recover possession of certain properties. The properties include a synagogue space and an office space. Legal Arguments: The respondents (including CLI, Zalman Lipskier, Avrohom Holtzberg, and Sholom Ber Kievman) raised various legal arguments to challenge the lawsuits. Res Judicata: Res Judicata, a legal principle, prevents the relitigation of claims that have already been finally concluded. The court found that, based on a previous case, Agudas and… Read more »
Huh?
Next stop will no doubt be the Appellate Division of the Supreme Court, followed by the NY Court of Appeals.
Is this where all our tzedaka really goes to? G-d forbid
No. Only 3/4’s of it!!!
No matter who won – ONE THING IS FOR SURE that BOTH Aguch and Cong. Lubavitch BOTH AGREE that the group of hoodlums cannot run the Shul and create anarchy, driving Anash away from 770!!
So – at least – this is the time to resolve this issue TOGETHER and to stand up against them?
This issue both sides agree!! Why cant this be done now??
If two people get married in a civil court, according to the Torah they are not considered married . Until they have a proper chuppah with a Rov officiating. So why is this different? Why does the ruling of a goyishe court carry so much weight? And Rabbonim don’t seem to exist in this situation???
Eventhough Rav Osdoba and Aguch Merkaz, had their say long ago, and ironically were placed by the Rebbe himself, the mob never respected that …
But that doesn’t seem like it’s going to happen
The Rebbe gave a clear צוואה in public right after the שבעה of the Rebetzin, on ב אדר תשמ”ח. (It is mind boggling that אנ”ש are not aware of this). The Rebbe stated clear who should call the shots after Gimel Tamus (in the Rebbe’s words באו ונחשוב חשבונו של עולם which is a halachic expression of a will), and that is in each community, THE ELECTED COMMUNITY CHASIDISHE RABANNIM. It is high time that the community has the Rabannim’s back and allow them to call the shots in 770. (Without the community’s back, the Rabbonim are powerless. I remember… Read more »
A third elected Rov will strengthen the authority of the Crown Heights Beis Din.
A transparent election for Gabboiim will likewise lend enormous credibility to the process of proper governance.
יחי הלך המשיח
the best is to hire a third party security company to expel all the people who don’t belong there
Rebbes kovod and Lubavitch Kovod and 770 Kovod should be the first on the list
Who gets the tunnels ?
You would know if you knew what you were talking about.
This has been going on for years, with no end in sight. The result: crazies desecrating the rebbes shul, and the rebbe’s name. Is it not possible to compromise? Is saying yechi Apikorsos? Is the idea that aguch should take into account the people that daven in the shul so abhorrent? Is fighting aguch till the bitter end worth it? Is it so hard to acknowledge the fact that the rebbe entrusted 770 to Aguch? If both sides would listen to the other for a few minutes, is there no room for compromise? The Soviet Union and the USA were… Read more »
If the eltere chassidim who saw and heard the rebbe physically, still can’t sit around a table together and figure out a plan for moving forward then yes we end up with crazy mixed up and confused youth who build tunnels and disregard authority.
Why can’t we look up to them as role models and mature adults
Instead of ppl with petty preschool age fighting
Whilst I agree that the premise of this argument is pointless, and that in essence it does not really matter who owns the building at the moment, for Merkos, Aguch, the Gabboim, etc, this could mean more than about who owns the building itself. This could very well be an argument about who is entrusted with the Rebbe’s property, and the Rebbe’s office. If that is indeed the case, then for sure it is a massive argument. What I believe they should do, but is very unlikely to happen, is for them to create a joint organization, and then both… Read more »
The Rebbe gave baalus to Merkoz/Aguch of the buildings, but at the same time gave the Rabbonim the biggest power according to the Torah by making them elected Rabbis in Crown Heights. While Aguch/Merkoz own the buildings, being that the building is in Crown Heights where according to the Rebbe, the Rabbonim run Supreme, they, meaning the Rabonim, and the heads, (decision makers) of Aguch/Merkoz, should seat together to plan the future of 770, the election of new gabboim etc, in the most amicable way, but bearing in mind that in Crown Heights, the Rabbonim have the final word. That… Read more »
This is of course the right way and the way the Rebbe demanded. But, we need to face the facts that most of the so called “leaders” of Chabad were and are ready to run roughshod over the Rebbe’s directives. It’s no wonder we’ve become the laughingstock. Respect for the Rebbe and Halacha must be the cornerstone not establishing mini family businesses setting up sons and son in laws for dorei doros. Al eleh ani bochia.
Funny and Sad! after so much Money has been spent on legal bills, we could have built a beautiful 770, if we only listened to the Lubavitcher Rebbe and expanded the Shul, LOST TIME! LOST OPPORTUNITY!! LOST A LOT OF MONEY
needs to adress serious maintenance issues with Eastern parkway front porch and women’s section!!!! The Gabbaim don’t seem to handle maintenance, and these are safety issues for the children and congregation.
On that note; please at least take care of the entry ways for the women. A friend of mine redid two of the doors two years ago that does not even live here. We have lots of visitors and whatever money is available should at least take care of this. The way they look now is an embarrassment.
Fill the vacancies of the rabanim
Fill the vacancies
It was a complete win for Merkos and Aguch. The only matter vacated was against the unincorporated entities as their “corporate” makeup and membership is unknown. I would presume this was done in in calculating manner to effectuate a whack-a-mole situation. However, it is misplaced. The prevailing parties can take control and eject whomever they like. When they are sued, someone is going to have to sign the document as President or Treasurer, or they have no authority. Once done, now that they are a party to the proceeding, the same decision will apply to them. It is all semantics.… Read more »
That was only part of the decision. The decision was based on multiple factors. Primary amongst them that since both Gabo’im and Aguch say they will keep the shul open for religious purposes, and since the Gabo’im are fulfilling a role described in the charter of Aguch, they won’t decide that they can’t be the ones who will run it.
I’m genuinely asking what the difference between Aguch & Merkoz? Who is running these groups, who elected them and how does decisions get made?
The goboyim; how are decisions made and what is the plan for succession?
Are these paid jobs and if so what account does the monies come from?
I would like to understand the practical side of these discussions.
I do not understand who is against who, but as a CH resident and a young woman I do not have a spot there and what is going on in the Shul it’s not to my understanding of Ahavas Yisroel.. the shul is neglected to the point that this is sad to know that this is the Main Shul, Chabad flagship and historical site.
I would like to have a Zhus to say No to the poor maintained place.
770 shul is to be run by gaboim nominated by merkos &aguch. The same way the Rebbe had the Shul run all those years. No elected gaboim by ch community. This is not a ch community matter. This is the the Shul of Lubavitch HQ. The Rebbe never wanted CH community taking control over the Shul. The Rebbe had merkos /aguch running 770 with nominee gaboim by the board. Not by public elections. Don’t like it don’t join it. Gabbaim took over by force the day after 3 tamuz taking advantage of the mourning on eveyone head. If 770 shouldve… Read more »