A judge ruled that the Gaboim have 30 days to turn over possession of 770 to Aguch and Merkos. This ruling was ordered in a hearing this morning in state Supreme Court on 360 Adams Street before judge Bernadette Bayne who heard arguments from lawyers on both sides.
The hearing today was for two motions from lawyers representing Aguch, first to clarify the Appellate Courts ruling to include the Gaboim, which are part and partial to the Congregation and the corporation Congregation Lubavitch Inc., and second to hold them in contempt for not complying by not returning the premises.
Lawyers for the Gaboim tried to argue that they did in fact return 770 to Merkos and Aguch, but in response to a question from the judge inquiring if they really did the lawyers answered that they changed the stationary. The judge ruled that it was not acceptable and ordered them to return the building to its rightful owners, and gave them 30 days to comply or otherwise be held in contempt of court.
Lawyers for the Gaboim said that they will be appealing this decision.