In a ruling handed down by Judge Devin P. Cohen denied motions for summary judgment from Aguch and Merkos as well as denied the Gaboims motion for dismissal, indicating that a full trial is in order.
This ruling comes after each side was looking for a short path to a final resolution, with Agudas Chasidei Chabad of the United States and Merkos L’inyonei Chinuch wanting a summary judgment in their favor, and Congregation Lubavitch, Inc. as an entity and the Gaboim individually wanting a dismissal of the entire court action without a trial and without presenting any documents.
One of the Gaboim, Yosef Losh, was left out of the proceedings after he refused to be a part of the lawsuits.
In his ruling the judge wrote that there are enough issues of fact that warrant a full trial with testimony and witnesses.
The judge ordered that the Gabboim are to submit answers and supporting documentation to the court by February 1st, and the order is dated November 30th leaving many to wonder why it is only surfacing now.
Additionally, many were left bewildered by an ‘article’ claiming that this ruling was some sort of ‘Didan Notzach’, when in the past that very website celebrated decisions from the various courts as victories, only to later appeal those decisions.