|CONGREGATION BNAI MOSES JOSEPH ZANICHOST and ZOSMER,
RALPH FELDMAN, ISAAC FRIED, and CLAYTON PATTERSON,
Index number 108322/1995
AFFIRMATION IN SUPPORT OF
for Summary Judgment
|LEO GREENBLUM affirms under penalties
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.
I make this affirmation in support of the Motion brought
gby Mr. Sidney Turkeltaub on behalf of the membership of the Congregation.
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.
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.
On October 10, 1996, I sent a small contribution to
the Congregation mailed it to the synagogue address at 317 East 8th Street.
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:
"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
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
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.
After an investigation the Bank determined that
the endorsement was forgery and credited my account with the amount of
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.
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
This is a sweeping allegation that yopuy
must prove. I haveno relkationship to anymonies connected to the shul--Clayton
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.
MARC D. POGOSTIN, ESQ.
Attorney for Defendant Ralph Feldman
305 North Avenue
New Rochelle, NY 10801
15 Park Row
New York, NY 10038