Category Archives: Court Decisions
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.
Decision on liability for unauthorized autopsy
The Nassau County Supreme Court recently issued a decision in Freiman v. County of Nassau dismissing plaintiff’s complaint and granting summary judgment to the defendants. Plaintiff alleged that an autopsy was performed in violation of the decedent’s religious beliefs. According to the decision, the defendants established that the Medical Examiner had performed a toxicology screening by extracting […]
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 […]
Delegating credit matters to employees may obligate business owners
My co-blogger, Avrohom Gefen, recently won an interesting case, Felix Storch Inc. vs. Martinucci Desserts USA Inc., that was published yesterday in the New York Law Journal. The case was decided on January 31, 2011. The reported facts are as follows. Plaintiff, Felix Storch, sold commercial refrigerator units to Martinucci Desserts on credit. Martinucci went out of […]
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 […]
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 […]
Brooklyn Judge Decides Couple Should Share Mitzvah
Judge Matthew D’Emic in Kings County Supreme Court (Brooklyn) decided in E.S. v S.S., 2010 NY Slip Op 50299(U) that a divorcing Orthodox Jewish couple should donate some of their marital property to charity and share equally in the Mitzvah. The judge wrote as follows: C. EQUITABLE DISTRIBUTION The parties have little. Nevertheless, whatever they […]
More on Brisman v. HAFTR
A copy of the Amicus Brief filed by Agudah, Torah Umesorah and the OU on behalf Nachum Brisman can be found here.
Appellate Division reverses decision and order that vacated Beth Din award
The New York Appellate Division, Second Department, reversed an order of the New York Supreme Court that vacated an arbitration award by the Beth Din of America. The Supreme Court order vacated the award of the Beth Din which reinstated a tenured teacher at a salary greater than that agreed upon in the teacher’s contract. […]
Comment on Avrohom’s post, Zargary v. City of New York
This was initially a comment to Avrohom’s post, Prisoner’s “Free Exercise Clause” claim fails despite New York City’s failure to provide her with a rabbi at 3:30 am. It grew into its own post. My initial take is that the court is conflating two issues — 1) whether a prisoner in general is entitled under […]
