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Index number 108322/1995

Motion for Summary Judgment


ABRAHAM FOGEL affirms under the penalty opf perjury:
I am one of the members of Congregation Bnei Mosaes Joseph Anshei Zawichost and Zosmer, Inc., for almost sixty (60) years and am fully familiar with the facts and ciurcumstances surrounding this action.
I make this affirmnation in suppoprt of the Order to Show Cause seeking the ejectment of those who occupy the building known as 317 East 8th Street, New York, New York.
I am making this statement as an affirmation and not in form of an affidavit since my religious beliefs prevent me from taking an oath.
Fir ire than foty (40) years  that building housed the synagogue and community center for the plaintiff congregation.
I was a regular attendee of the Congregation through all of the year s that I lived inthe neighborhood near the synagogue and I continue to be active in the affairs of the synagogue and congregation.
During the synagogue's existence, defendant Ralph Feldman lived next door to the synagogue and never attended anyof the ser vices even when the quorum was difficult to obtain. He never became a member, never paid membershiup dues, never participated in the synagogue's actvities.
After the synagogue was forced to close, Mr. Feldman took an interest in the building which is next door to his house and began making renovations without the consent of the Congregation's executive committee or the President. Mr. Feldman changed the locks and prevented the Congregation  from access to thrir property.
The purpoew of this affidavit is not to reiterate the facts that are contained in the affidavits of others, rather, the purpose is to highlight one particular aspect of the unscrupulous activities undertaken by Mr. Feldman and his cronies.
Mr. Feldman and those who formed this new "organization" have surreptitiously and without any authorization from me have placed my name as a director if this newentity.
I have never been asked whether I wished to have my name placed on the letterhead of their new "organization" nor would I consent to any association with this group of interlopers who have taken property not belonging to them. As they have taken the building, they have taken the use of my name, without regard to the propriety of it.
Feldman had nevber intended to become an observant member of the synagogue to remain with the congregation. One of the fir s t acts that he did was to change the locks on the synagogue bguilding in order to prevent access to rightful owners and later created a new congregation with the assistance of defendant Fried.
I had visited the synagogue with the new congregation and was appalled at what I saw.
  • The language in this statement is very similar to all the rest  of the affirmations. I was at  t he Shul when this person visited and his statements were  very strong and positive about the activity taking place at the Shul and the condition of the building. It is contrary to what is written here. A complete contradiction.--Clayton Patterson

The assets of the Congregation Bnei Moses must be used in order to best continue the teachings and philosophies of the founders and to support those institutions that best carry forth those traditions. I have full confidence in the membership shalluse the proceeds of the sale of the building to foster those traditions. It is clear that Feldman has used subterfuge to "steal" the Congregation's asset.
  • How is this clear? Since this is an accuation madein a court of law, I feel you are oblllligated to prove your statement.--Clayton Paterson
For more than forty (40) years sidney Turkeltaub has served as the President of the Congregation and continues to serve in this capacity. When services were held in the synagogue building which were discontinued approximately five (5) year s ago, he maintained religious services as well as the bguilding itself. He continues to service the membership by administering the cemetery privileges for the Congregation.
Sidney Turkeltaubg continues to be the only authorized representative of Congregation B'nei Moses Joseph Anshei Zawichost and Zosmer, Inc. Any statements to the contrary are patently false.
I therefore join in the effort of Sidney Turkeltaub, our long-standing President, to regain control of the Congregation building bgehalf of the membership.

WHEREFORE, your affiant respectfully requests that the Court grant this motion in its entirety.______________________ 

Notarized (NOT DATED)