Kneses Israel of Sea-Gate v Fetiman

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Kneses Israel of Sea-Gate v Fetiman 2020 NY Slip Op 32440(U) July 22, 2020 Supreme Court, Kings County Docket Number: 516508/18 Judge: Kathy J. King Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] KINGS COUNTY CLERK 07/23/2020 12:17 PM NYSCEF DOC. NO. 602 INDEX NO. 516508/2018 RECEIVED NYSCEF: 07/23/2020 At an !AS Term, Part 64 o the Supreme Court of the State of New Yorl<, held in and for the County of ·ngs, at the Courthouse, at Civic Cen r, Brooklyn, New York, on the 22"' day f July, 2020. PRE SENT: HON. KATHY J. KING, Justice. I - - -- --- -- - - - ---- -- - - -- - --- -- - -- __ l _-- -- - --X I KNESES ISRAEL OF SEA-GATE, ET. AL. • Petitioners, Index No. 5165 8/18 -againstMOSHE FETIMAN, ELAL. Respondents, ATTORNEY GENERAL OF THE STATE OF NEW YORk, I' Statutory Notice ~espondent. ---------------------------------1--------X NYCEF Doc. Nos. The following e-filed papers read herein: Notice of Motion/Order to Show Cause/ Petition/Cross Motion and Affidavits (Affirmations) Annexed_____ _43, _8lc:-24,,,02"---"4"-57'-'·"4"62"'-'4"'6.,,,3=-4,.,8..,,0_--l"9"-5-::.,5..,,0.,,,5_ _ ' Opposing Affidavits (Affirmations) 4:Js 429-439 482-484 485-488 509 513. 515-521 ' Reply Affidavits (Affirmations),_____ ,,4,,40"'-"44l0"'-'4"5,_l~500_,,8.___ _ _ _ _~5"3"'!-,,,5,,,4'1-- Upon the foregoing papers, petitioner J(~eses Israel of Sea-Gate ("Kneses" , et. al, move, I in Mot. Seq. 17, for an order; seel<ing inter alia, leave to amend the caption to i elude Joseph lei) I Wolhendler ("Wolhendler") as a Respondent; (2) leave to amend the petition purs ant to CPLR 3025; and (3) pursuant to CPLR 1003, I leave to add Chabad of Sea G grantin~ e and Coney I Island, Inc. a/k/a Chabad by the Sea a/k/a Chaba~ by the Ocean f/k/a Torah Fax, In . ("Chabad"), I Chabad of Sea Gate Resource Center Incororated ("Chabad-RCI"), and R. ka Brikman ' 1 of 4 [*FILED: 2] KINGS COUNTY CLERK 07/23/2020 12:17 PM NYSCEF DOC. NO. 602 INDEX NO. 516508/2018 RECEIVED NYSCEF: 07/23/2020 I I Rabbi ("Rivka") as Respondents in this action and to Serve said parties with a suppleme tal summons and amended petition. Respondent Meier Brikman and his wi ("Brikman I' Respondents"), oppose the motion and Respondent congregant members oppose th motion. I The Brikman Respondents move, in M$t. Seq. 18, for an order; seeking inter alia, (1) I pl1rsuaht to Judiciary Law § 19, to hold Resporldent United Talmudical Academy of Baro Park ("UTA") in civil contempt; and (2) pursuant tolJudiciary Law§ 750 (A) (3-4), t hold UTA in i' criminal conte1npt. Respondent UTA opposes th~ motion. I The Brikrnan Respondents move, it1 Mot. Seq. 19, for an order: (I) re oving Israel I Goldberg, Esq. from any temporal control ofK~bses; and (2) granting partial su ary judg1nent I in their favor on petitioner's third cause of acfio11 by determining that the July 1, 2018 lease between Kneses and UTA is invalid. I Petitiorers oppose the motion and Res ondent UTA submits partial opposition. I Mot. Sc . No. 17. - Petitioners' Motion for !Leave to File Amended Petition a d Ca tion i A party 1nay amend its pleading or suppl~n1ent it by setting forth additional r subsequent ' transactions or occun·ences, at any time by leavJ of the court or b_y stipulation oft e parties (see • I CPLR 3025 [b]; Cullen v Torsiello, 156 AD3d 980, 681 [2d Dept 2017]). "Leave hall be freely I given upon such tenns as may be just" (CPLRj 3025 [b]; see also Cullen, 156 D3d at 681). I CPLR I 003 provides, that "parties may be addekJ at any stage of the action by lea e of court or I by stipulation of all parties who have appeared, or once witl1out leave of court days after service of the original surrunons or ! ~nytime ithin twenty before the period for resp nding to that I summons expires or witl1in twenty days after serYice of a pleading to it" (CPLR 10 3). I Petitioners, in support of their inotionj rely on bank records that wer obtained tn I Nove1nber 2018, and argue that leave of court isl required. to amend the petition to dd a cause of I! I 2 of 4 [*FILED: 3] KINGS COUNTY CLERK 07/23/2020 12:17 PM NYSCEF DOC. NO. 602 INDEX NO. 516508/2018 RECEIVED NYSCEF: 07/23/2020 action arising from tax fraud. I The Court a1rees with Respondents, in oppos"tion that the proposed amendment is unrelated to the underlting claim which involves in the alidity of the! I I Respondents as it would further delay this cas'.e. election. Additionally, the Court finds that granting petitioners' motion WQ ld prejudice 'fhe Court has considered the remainder of I petitioners' arguments and find them to be wit~out merit. Accordingly, the moti is denied in I its entirety (Mot. Seq. 17). I Mot. Sc . No. 18. - Brikman Res ondcnts' Motion for Contem t and Order o Protection I Pursuant to Judiciary Law § 753, '"[a] c9urt of record has power to punish, y fine and imprisonment, or either, a neglect or violation o~ duty, or other misconduct, by whi ha rigl1t or I remedy of a party to a civil action or special proteeding, pending in the court may e defeated, impaired, impeded, or prejudiced"' (El-Dehdan yEl-Dehdan, 26NY3d 19, 28-29 [ 015], quoting Judiciaty Law§ 753 [A]). This statute +plies, as relevant here, in the case of"[a] party to the action or special proceeding, an attorney, ~ounselor, or other person ... for y other ! disobedience to a lawful mandate of the court" (~udiciary Law§ 753 [A] [3J; see C mpanella v Campanella, 152 AD2d 190, 193-194 [2d Dept J989]). I Here, there was a lawful c_ourt order iI1 etfect precluding UTA from using th I<ncses I synagogue. Tl1e affidavits in support of the mot~on for contempt show that the UT students, i contrary to the court order, entered the synagogu~, vandalized the synag_ogue, and h assed the I congregant members who were lawfully on the 9remises. Counsel for UTA argues hat the students were not acting purposefully, but instea~, indicated that the students displa ed aberrant fI behavior and represented that such conduct will ot happen again. \Vhile the Court agrees with the BrikmanRespondents that the students' cond:Uct was, in effect, contemptuous, t e Court I accepts UTA counsel's representation that there irill not be a repeat of such acts. H wever, I ~ 3 of 4 [*FILED: 4] KINGS COUNTY CLERK 07/23/2020 12:17 PM INDEX NO. 516508/2018 NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 07/23/2020 I Counsel for UTA is put on notice that the Court fill not countenance or tolerate su h conduct going foiward. Accordingly, the motion is denida in its entirety (Mot. Seq. 18). ! ·1 Mot. Se . No. 19. -Brikman Res ondcnts' Mbtion to Declare the S ccial Elcc "on a Nulli and En· oin Res on dents from Takin an ~ctions Re ardin Kncscs' Tern ral Affairs. I The requested relief is currently the subj4ct of a framed issue hearing befor JHO Miriam ! Sunshine., Therefore, the motion is denied (Mot.I Seq. l9). i This constitutes the decision of the Courtl I ENTER, HON. KATHY J'.'i.<e\N<J; HON. KATHY J. J,SC J I 4 of 4 i~JO

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