In a summery judgment in the Supreme Court by Judge Ira B. Harkavy, he decisively says that 770 belongs to Aguch and Merkos, and that ‘the Congregation’ has no rights to these Properties. The judge went into surprising detail about the Rebbe and Lubavitch and how the ‘Gaboyim’ have no claim whatsoever.
The judge signed of with saying “As result, that part of plaintiffs’ motion seeking a permanent injunction is granted and those branches of the Congregation’s motion to dismiss the TRO, remove any plaques, and reimburse the Congregation and police department are denied. The injunction shall be effective against all named defendants and any other person or entity with notice of the injunction.” And “This court has considered all other arguments of the Congregation and finds them to be without merit”
Granting summery judgment declaring that plaintiffs Agudas and Merkos have all right, title and interest in and to 770 Eastern Parkway (“770”) and 784-788, respectively, and that the Congregation has no rights in these properties, and granting a permanent injunction enjoining defendants from any further acts of vandalism, theft, harassment, trespass and/or nuisance with respect to the premises in general and the new plaque in particular, together with a mandatory injunction directing the Congregation to cease and desist from interfering in any manner with plaintiffs’ effort to maintain a commemorative plaque or otherwise interfering with plaintiffs’ interest in and enjoyment of the premises.
The verdict can be viewed in its entirety in the Extended Article!