Author Archives: Avrohom Gefen
Beth Din Award Confirmed
Kings County Supreme Court Justice David Schmidt confirmed an arbitration award made by a Brooklyn Bais Din (Beth Din). An interesting footnote in the decision explains the “Agav Suder binding procedure”. A copy of the decision may be accessed here.
NY Court Rules That Days Between Yom Kippur and Sukkos Are Not “Generally Recognized” Holidays
Here’s a new decision that deals with what appears to be an issue of first impression. The defendant, who is an Orthodox Jew, was served with a motion for summary judgment in lieu of complaint on the day after Yom Kippur. The defendant argued that service was improper under NY General Business Law Sec. 13. […]
Decision Confirms Beth Din Award
In a decision published today, the New York State Supreme Court confirmed an award made by a Beth Din (Bais Din or Bet Din) despite strong opposition by one party. A copy of the decision can be found here.
A Proposed Approach to Blocking Anti Mezuzah Co-Op and Condo Regulations
There have been several cases in which plaintiffs sued for the right to affix or leave a Mezuzah on an outside doorpost of an apartment, after a co-op or condo board required removal based upon a co-op or condo rule. For many years, courts held that the Fair Housing Act (FHA) prohibited religious discrimination against […]
Appellate Court Affirms Decision Allowing Disinterment
In April 2010, I blogged on a case in which a Supreme Court judge in Queens County permitted the non-Jewish spouse of a deceased Jewish man to exhume his body from a Jewish cemetery for reburial in what the judge termed a “non-denominational” cemetery, St. Elizabeth. The decedent was buried in the family plot next […]
When Being Lubavitch is Not Enough
A judge in Brooklyn ruled that a Rabbi’s unsworn affirmation, as well as a transcript of his deposition testimony, which was affirmed but not sworn to, was not admissible as evidence. The judge acknowledged that under CPLR 2309, “[A]ny person who, for religious or other reasons, wishes to use an affirmation as an alternative to […]
COURT OF APPEALS SAYS STOLI PERMITTED UNDER NEW YORK LAW
The New York State Court of Appeals issued a decision today interpreting New York Insurance Law to permit what are known as Stranger Oriented Life Insurance transactions (also known as “STOLI” or “SOLI”). In a typical STOLI transaction, an elderly individual is approached by an investor with the following proposal: The individual takes out an insurance […]
Agreements To Arbitrate In Bais Din: Get It In Writing!
A recent decision from a New York State Supreme Court illustrates the importance of following proper procedure when arbitrating in Bais Din. In that case, a homeowner’s insurance company sued a Bais Yaakov school, alleging that work done to expand the school building had damaged their insured’s property, requiring the insurance company to pay substantial claims to its […]
The Satmar Saga Continues
In yet another Satmar lawsuit, this one involving control of the cemetary where the previous Rebbe is buried, Justice Victor J. Alfieri ruled that the parties are required to arbitrate the dispute before a Bais Din (Beth Din). The judge based his decision on a provision in the Congregation’s bylaws stating that “a member of […]
The Importance of Custom, Usage and Course of Conduct in Jewish Monetary Law
This week’s Parsha email from the Bais HaVaad Institute of Talmudic Law includes a brief discussion of the concept that Jewish Law recognizes the accepted business of the time a place and place in which a transaction occurs. In Choshen Mishpat 201:1-2, the concept of situmta is explained. A situmta was a kind of mark […]
Court allows non-Jewish widow to transfer body of Jewish husband to non-Jewish cemetery
A Supreme Court judge in Queens County permitted the non-Jewish spouse of a deceased Jewish man to exhume his body from a Jewish cemetery for reburial in what the judge termed a “non-denominational” cemetery, St. Elizabeth. The decedent was buried in the family plot next to his father. His mother and sister opposed the exhumation, […]
Heter Iska arbitration rights forfeited by defendant’s participation in litigation
The Appellate Division, Second Department affirmed a decision of the lower court that denied defendant Eli Weinstein’s motion to compel arbitration. The parties had signed a Heter Iska that contained an arbitration clause. (Although not mentioned in the decision, presumably it required the parties to go to Bais Din). 1 1/2 years after the litigation […]
