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.

Judge Denies Premature Rulings in 770 Case

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.

Click here to download a copy of the full ruling

14 Comments

  • antimesira

    It’s a good thing it’s going to trial.

    I would have pushed for this years ago.

    Now everything will be on the table.

    No more hiding behind papers and propaganda.

    Real people will have to answer real questions.

    The witness stand is the truth box!!!

    Let’s finally get the truth, the whole truth and nothing but the truth.

    And about those web-sites fooling themselves about having a “Didan Notzach”, ignore them, they never lose, everything is a Didan Notzach. watch when G-d willing they do finally get thrown out of 770, they will somehow claim Didan Notzach. Remember, these are the same people who see things we normal functioning people can’t.

  • meir

    very painful for all. there will be no winners only those who hate lubavitch will gloat.

  • and

    ok. this is good news. however even when merkas do win the case. the other side still run the place they have so much more power as in man power. how will merkas in foruse order? yes on paper he will be in charge. say he takes down a banner on the wall. then they put it up again. i mean it will be cat and a mouse

  • yaakov

    “The judge ordered that the Gabboim are to submit answers and supporting documentation to the court by February 1st,”
    Huh?
    you got it wrong my friend – read the order

    • bleeding heart

      page 19, last paragraph:

      “The motions are denied in all other
      respects. Respondents are directed to serve and file answers on or before February 1, 2013.”

      Petitioners is Aguch and Merkos. Respondents are the Gaboim.

      So how exactly did they get it wrong?

  • Do Something

    call immigration services and ask them to check how many certified mental cases are “registerd as Students”
    and get visa as students even though they are exempt from draft in israel for mental reasons. = CRAZY NUTS

  • Follow the money

    Who is funding the legal team for the Gabboim?

    Is it S.B.D by any chance?

  • Ephraim Grushnit

    @ 3:
    Yes, those who dislike Chabad may gloat during the trial, but once justice has been meted out and Chabad will cleanse itself of the hoodlums and the lunatics, Chabad will once again be respected. We should all realize that our brethren only dislike Chabad BECAUSE we allow hoodlums and lunatics to run amok in our midst.

    @ 4:
    once Agudas and Merkaz win they can eject all those who have misbehaved and thus restore order and honor to 770.

  • Meshichistim Idiots

    What are they celebrating about?

    Aguch/merkoz asked for a Judgment, they want a judgment, they not afraid of a judgment.

    They were told by the court, sorry we will take this to full trial.

    On the other hand, the “Gaboyim” asked for a dismissal. They don’t want this in court. They don’t want a judgment and they definitely don’t want a trial.

    Their motion was denied as-well.

    We are closer to a judgment then we are to a dismissal.

    A trail will finally put this case to rest with a victory for Chabad Lubavitch.

    Another thing:

    CHI wrote:
    “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.”

    They came out with this now because they are trying to fool themselves and you about the time this came out. They are trying to lie to the people that it came out on Yud-Alef Shevat and therefore somehow its an even greater victory bla bla bla. Etc…Vda’l.

  • sara

    OMG did you see those ugly gross vans the zfatim parading around on yud shvat?

    they could not find a better day to desecrate the rebbes name.

  • Sheker Ein Lo Raglayim

    Yud shevat is a very depressing day for the meshichistim. Thousands of Chabad Bochrim fill the street of Crown Heights and the downstairs of 770. This can become very depressing for a meshichist. The meshichist (leaders) needed to pull a magic trick (an illusion) out of the hat to get the boys excited and fired up.

    This illusion only works on their own base. A base of crazy, druged up rejects.

    Anybody who can actualy read English xan see the truth.

  • anyone can fool a fool

    November 30th was 17th of Tevet

    To fool the world is one thing,
    but to fool yourself is no big deal.

    You’re a fool for wanting to fool yourself
    —and anyone can fool a fool.

    —from the sayings of Rabbi Shmuel of Lubavitch