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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CONGREGATION BNAI MOSES JOSEPH ZANICHOST and ZOSMER, INC.,
 
Plaintiffs.
-against-

RALPH FELDMAN, ISAAC FRIED, and CLAYTON PATTERSON,
 

Defendants.
 
Index number 108322/1995

AFFIRMATION IN SUPPORT OF
Motion for Summary Judgment

------------------
LEO GREENBLUM affirms under penalties of perjury:
  1. I am a member, for more than forty (40) years, of Congregation Bnei Moses Joseph Anshei Zawichost and Zosmer, Inc., and am familiar with the facts and circumstances surrounding this action.
  2. I make this affirmation in support of the Motion brought gby Mr. Sidney Turkeltaub on behalf of the membership of the Congregation.
  3. I set forth my statement in the form of an affirmation in lieu of an affidavit bgecause my religious beliefs preclude me from taking an oath.
  4. As an aside, I will like the Court to note that for forty (40) years Mr. Turkeltaub has been our Congregation, has kept it going and has been its guiding force.
  5. On October 10, 1996, I sent a small contribution to the Congregation mailed it to the synagogue address at 317 East 8th Street.
  6. When the check was cashed and returned in my monthly banking statement, I noticed taht the check was not deposited in the regular Congregation account. Rather, above the Congregation accountwas inserted the following phrase:

    7. "BNEI MOSHE JOSEPH RALPH FELDMAN SYN. ASSOC." A copy of the check and endorsement is annexed hereto as Exhibit A.
    • It seems questionable that Mr. Greengblum was unaware of the debate surrounding the Shul. So if he is a member who is in favor or selling the building, why would he send the 'new congregation' a check thinking it would be deposited as before, when the synagogue had gbeen abandoned for years?
    • Ralph opened a separate bank account for the Shul, and to have named it exactly the same as the account of the former congreation would have bgeen fraudulent, so instead he named it "BNEI MOSHE JOSEPH RALPH FELDMAN SYN. ASSOC."--Clayton Patterson
  7. The check was then deposited in an account not belonging to the Congregation.
    • (...Who [the said "congregation"] had been defunct for years) - In fact, is there anykind of unioty left 5 within the 'old congregation'? Do they have meetings or attend another synagogue together?--Clayton Patterson
  8. I called my bank seeking to clarify why the alteration on the front of the check and to determine whether or not the Congregation had changed the name of its account.
  9. After an investigation the Bank determined that the endorsement was forgery and credited my account with the amount of the check.
    • If the bank "investigated" and deemed it "forgery" why didn't they takje action? What was it that was forged? If Mr. Feldman was guilty of some breach of law why wasno action taken against  him. Clearly it another law suit.
  1. It is obviouys that these persons who are cooupying the property are now not only usurping premises that do not belong to them but are now converting monies not belonging to them but belonging to our religious corporation.
    • This is a sweeping allegation that yopuy must prove. I haveno relkationship to anymonies connected to the shul--Clayton Patterson.


WHEREFORE, your affiant respectfully requests that the Court grant the initial motion together with such other and further relief that this Court deems just and proper.

Respectfully submitted 

MARC D. POGOSTIN, ESQ.
Attorney for Defendant Ralph Feldman
305 North Avenue
New Rochelle, NY 10801
15 Park Row 
New York, NY 10038