Lawyers for the Gaboim filed papers in state appeals court this past Friday, appealing the previous verdict, which was handed down in June, where the court ordered the Gaboim to turn the premises of 770 and 784-788 Eastern Parkway over to Aguch and Merkos.
Gaboim Appeal 770 Verdict in New Court Papers
Lawyers for the Gaboim filed papers in state appeals court this past Friday, appealing the previous verdict, which was handed down in June, where the court ordered the Gaboim to turn the premises of 770 and 784-788 Eastern Parkway over to Aguch and Merkos.
In their appeal, which is noted that Gabbai Yosef Losh is not a party to due to ‘religious reasons’, was commenced by the three current Gaboim including Zalman Lipsker, Avrohom Holtzberg and Menachem Gerelitzky, does not dispute the ruling of the courts, rather they seek to delete references to both Cong. Lubavitch Inc. and to the Gaboim themselves.
Much hope was pinned on recent elections for the Vaad Hakohol, Gaboim and Rabonim that they will resolve the Machloikes [fighting and divide] in the community, but this action is just another highlight of how it failed.
Prior to the elections one of the Gaboim sought to continue the court action, and in line with the Psak Din issued by Rabbi Avrohom Rosenberg and his Zablo Beis Din none of the incumbent Rabonim were allowed to issue any type of directive as to how to proceed with the matter of 770 being handled in a secular court of law.
This directive was made explicitly clear in an email from Rabbi Rosenberg on August 19th 2010, in which the entire Zablo Beis Din ruled that “since both current Rabonim, Rabbis Osdoba and Schwei, don’t agree amongst themselves, and also since this is a matter of urgency the Gaboim must find a third Rov who is neutral and both sides must present their case, and only then may they act upon his directives. The ruling added that this is only to be done for the time being, and once a third Rov is elected they must deffer to the Beis Din as a whole.”
Yossi Hackner, an elected member of the Vaad Hakohol, told CrownHeights.info that Rabbi Braun, who was the Rov elect in the last elections for Rabonus, still does not have a contract with the community.
Losh and Gerlitzky Against the Appeal
In the initial filing for the appeal, lawyers for the Gaboim drew up papers and named all of the four newly elected Gaboim, and requested that they sign papers so that he can recommence the action. Of the 4, two activly refused to sign, Yosef Losh and Menachem Gerlitzky, Losh even sent a letter to the lawyer demanding that his name be removed for any paperwork.
“I was against this from the beginning, and I am still against this now” said Losh, adding “they can write whatever they want, but these lawyers do not represent me.”
Menachem Gerlitzky on the other hand only said that whatever the Rov said to do he will follow, and added that Rabbi Osdoba was against the appeal.
Zalman Lipsker refused to comment saying that he is not at liberty to discuss the case while it is in court. Avrohom Holtzberg did not return messages seeking comment.
Click Here to view the entire court filing.
Related Articles:
Court Battle Over 770: Who Brought Who to Court?
Breaking: Judge Rules, Gaboim must Return 770
Osdoba to Gaboim: “You Were Elected Under the Campaign of No More Court”
New Plaque Affixed over the Cornerstone
BREAKING: Gabboims Appeal against Aguch and Merkos is Denied
JUDGMENT: 770 Returns to the Hands of Aguc”h
antimesira
“Zalman Lipsker refused to comment saying that he is not at liberty to discuss the case while it is in court.”
All of a sudden the big mouth Zalman Lipsker can’t talk, what happened, you got nothing to say?
Comes to show how it is only the people who have been shotting all these years “Koved Harabonim” who are the only ones who destroyed the Rabonim.
I find it very sad and disturbing that they used this slogan of “Koved Harabonim” to destroy many lives in the community.
Anonymous
Why doesn’t Braun have a contract yet? Is it because they finally realised he has no dayanus, no shimush and a questionable smicha?
Lipsker
do you know that Zalman lipsker is the one that put a tape recorder and gave the rebbe agmas nefesh how can someone like this, represent a community.
chaim36
The worst chilul hashem ever. Stop the vodka so they can think clearly.
wackos
this is a very productive way to spend the tzedko money raised for chabad throughout the wrold. so next time you see a 770 pushka or you
to lag
i heard the gaboim want to make a lady’s section down stairs
I-ve had it!!
fighting , fighting and more fighting. When will our “leaders” learn that achdus is the only way to go ! look around you! look at all the suffering and tragedies that we are going through! We should only vote for leaders that have NO politics on thier hands and then maybe we will have some rest from all this garbage. Just think how the next generation is growing up!Dont blame the schools or even the parents at this point! The tzaros with the children nowadays is because they watch our leaders behave like this! What a disgrace!! We need moshiach now!!!!
shocked and disappointed
Gabboyim!! Get a life. You seem to be always embroiled in one machloikess or another as if you have nothing to do.
A psak is a psak, and you lost the case. Now move on and do the work that gabboyim are supposed to do.
There is no way that you can be trusted with ownership or control over 770 and adjoining buildings. You have wasted enough time and public money, which in itself, is outrageous.
It is a charpeh and a busheh klapei chutz that you are still considering to contest.
Chaim Tovim
Rabbi Yosef Losh is a real mentsch. He recognizes the shul belongs to Aguch and wants 770 to be a place we’d all be happy to daven in, not some embarrassing nutball yechi place it is now…
Gabboyim
Losh is playing both sides if he really agrees with Achuch he would not run and be a gabbai which according to them it’s againt the Rebbe. For kovod you do everything.
Garlitzky is the worst, he does not want the shul go to Achuch because being an open and laud meschichist (yechi, shlita, mh”h etc) he will be the first to fly. He fooled everyone before the elections to get the votes and be elected. Now he’s playing the game. But not for to long hopefully.
Lipskier right or wrong he’s consistent and honest in his views.
mendel
i just hope everyone is having fun over there