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Merkos L'Inyonei Chinuch Inc. v. Sharf, 40288/04

Congregation Denied Vacatur of TRO, Enjoining Them From Removing a Plaque on Subject Premises

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Justice Harkavy

MERKOS L’INYONEI CHINUCH INC. v. SHARF— Defendant Congregation Lubavitch, Inc. (the “Congregation”) moves for an order, pursuant to CPLR 603, 3211(a)(1) and (2), 5015 (a)(3) and 6314, (i) severing the claims against defendants Mendel Sharf, Yaacov Thaler, and Bentizon Frishman from the claims against the Congregation, (ii) dismissing the amended complaint as against the Congregation, (iii) vacating the ex-parte temporary restraining order (“TRO”) issued herein, (iv) directing plaintiffs Merkos L’Inyonei Chinuch, Inc. (“Merkos”) and Agudas Chassidei Chabad (“Agudas”) to remove the plaque which they affixed to the premises at 784-788 Eastern Parkway in Brooklyn (“784-788”), and (v) ordering plaintiffs to reimburse the Congregation for the costs and expenses incurred in opposing plaintiffs’ application for injunctive relief as well as the costs and expenses of the New York City Police Department incurred in enforcing the temporary restraining order issued in this action. Plaintiffs cross-move for an order, pursuant to CPLR 2215, 3212 and 3001, granting summary 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.

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