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Sunday, 9 Adar I, 5784
  |  February 18, 2024

New York Appeals Court Releases Decision in 770 Case

The Appellate Term of the Supreme Court of New York ruled in the case of ownership rights for the main shul at 770 Eastern Parkway. It adds complexity to an already intricate legal battle. Full Story

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Any legal experts
January 19, 2024 12:15 pm

I read through the verdict and i don’t understand half of what it is saying anybody care to explain

Agree
Reply to  Any legal experts
January 19, 2024 2:03 pm

This is a pointless article

It means
Reply to  Any legal experts
January 20, 2024 6:27 pm

That if you go to 770 to Davin, and not make trouble. you have nothing to worry about.

Quick explanation:
Reply to  Any legal experts
January 21, 2024 12:26 am

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 »

Here to explain
January 19, 2024 12:29 pm

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.

Here to explain
January 19, 2024 12:30 pm

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 Key Statement:
January 19, 2024 12:39 pm

“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 »

Other Minor Issues
Reply to  The Key Statement:
January 19, 2024 12:55 pm

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.

An Authority
Reply to  The Key Statement:
January 20, 2024 7:39 pm

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”!!!

CHT
January 19, 2024 12:46 pm

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 )

An Authority
Reply to  CHT
January 20, 2024 7:40 pm

They’re both right!

Moshiach will come
January 19, 2024 12:49 pm

When this fight is over.

True
Reply to  Moshiach will come
January 19, 2024 1:40 pm

If this is true
It’s pretty sad that this petty argument is holding back moshiach
Wake up both sides!

in short
January 19, 2024 12:56 pm

Merkos gets the building except for the shul.

Great decision; the shul belongs to the people!

Yud Shevat the Rebbe has spoken !

English
Reply to  in short
January 20, 2024 9:33 pm

Ask a friend of yours who understands English better to read the link provided of court ruling, to explain it to you

What about expansion
Reply to  in short
January 21, 2024 1:17 am

It will be impossible to expand 770 properly if the shul can’t be touched

Sigh
January 19, 2024 12:57 pm

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…..

But..
Reply to  Sigh
January 20, 2024 1:55 pm

Right before the sun comes out it is the darkest.

Give me a break
Reply to  Sigh
January 20, 2024 7:42 pm

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... bottom line.... the chaos continues
January 19, 2024 1:08 pm

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.

Sorry to say this
Reply to  So... bottom line.... the chaos continues
January 19, 2024 1:41 pm

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.

The Gaboim clearly are not capable or able to
January 19, 2024 1:16 pm

Time for EFFECTIVE PROFESSIONAL MANAGEMENT to take over 770/778 and restore immediatel The Rebbe’s Honor. What a tremendous terrible Chilul Hashem

Uncle Mendy
January 19, 2024 1:19 pm

I know a good locksmith

Yaakov THE ASKAN
January 19, 2024 1:22 pm

Is 100% correct

Agree
Reply to  Yaakov THE ASKAN
January 19, 2024 2:39 pm

I agree. The gaboyim eitherdo not understand, or are lying. I assume for now they do not understand.

Brisker toira
January 19, 2024 1:31 pm

These rulings sound to me a lot like a “shnei dinim’’ type of lomdus too deep for my dumb head.

Both sides victorious
January 19, 2024 1:38 pm

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

Amen V’Amen!!!
Reply to  Both sides victorious
January 19, 2024 3:28 pm

משיח כאו בחסד וברחמים

Supreme Court
January 19, 2024 1:52 pm

Here we come
Go Aguch

Chat GPT explaination
January 19, 2024 2:18 pm

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 »

An Authority
Reply to  Chat GPT explaination
January 20, 2024 7:42 pm

Huh?

Next Stop
January 19, 2024 2:28 pm

Next stop will no doubt be the Appellate Division of the Supreme Court, followed by the NY Court of Appeals.

Where do they get this kind of money?
Reply to  Next Stop
January 19, 2024 3:34 pm

Is this where all our tzedaka really goes to? G-d forbid

An Authority
Reply to  Where do they get this kind of money?
January 20, 2024 7:43 pm

No. Only 3/4’s of it!!!

excellent
January 19, 2024 2:31 pm

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??

Court ruling.
Reply to  excellent
January 20, 2024 6:49 pm

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???

The mob
Reply to  Court ruling.
January 21, 2024 11:32 am

Eventhough Rav Osdoba and Aguch Merkaz, had their say long ago, and ironically were placed by the Rebbe himself, the mob never respected that …

I wish
Reply to  excellent
January 21, 2024 1:19 am

But that doesn’t seem like it’s going to happen

The Rebbe's Solution - 2 Adar 5748
January 19, 2024 2:42 pm

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 »

Pinchos Woolstone
Reply to  The Rebbe's Solution - 2 Adar 5748
January 19, 2024 3:45 pm

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.

Baruch Hashem
January 19, 2024 2:46 pm

יחי הלך המשיח

Hire third party
January 19, 2024 2:49 pm

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

Hmm
January 19, 2024 2:51 pm

Who gets the tunnels ?

You're this dumb?
Reply to  Hmm
January 21, 2024 12:03 am

You would know if you knew what you were talking about.

How about a compromise?
January 19, 2024 3:04 pm

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 »

So pathetic
January 19, 2024 3:20 pm

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

This is not a petty fight.
Reply to  So pathetic
January 22, 2024 5:02 am

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 »

Rabbonim and Aguch Merkoz meeting
January 20, 2024 9:43 pm

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 »

Bitul
Reply to  Rabbonim and Aguch Merkoz meeting
January 21, 2024 10:08 am

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.

Kalman
January 20, 2024 10:13 pm

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

Whoever is in charge
January 21, 2024 5:54 am

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.

Maintanence is a must and also beutification
Reply to  Whoever is in charge
January 21, 2024 10:17 am

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.

Need elections for rabanim
January 21, 2024 7:07 am

Fill the vacancies of the rabanim

Need elections for rabanim
January 21, 2024 7:08 am

Fill the vacancies

Legal Scholars
January 21, 2024 8:32 am

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 »

Nisht punkt
Reply to  Legal Scholars
January 21, 2024 8:06 pm

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.

questions from a BT
January 21, 2024 8:56 am

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'm CH People- I don't use the Shul
January 21, 2024 5:16 pm

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 is the Rebbes shul NO CH SHUL
January 22, 2024 10:09 pm

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 »

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