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CONGREGATION v. CONGREGATION

9 N.Y.3d 297 (2007)

879 N.E.2d 731

849 N.Y.S.2d 192

CONGREGATION YETEV LEV D'SATMAR OF KIRYAS JOEL, INC., et al., Respondents-Appellants, v. CONGREGATION YETEV LEV D'SATMAR, INC., by BERL FRIEDMAN, President, Appellant-Respondent, and CONGREGATION YETEV LEV D'SATMAR, INC., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Kirkpatrick & Lockhart Preston Gates Ellis LLP, New York City (Gerald A. Novack, Walter P. Loughlin and Justin H. Roeber of counsel), Smith, Buss & Jacobs, LLP, Yonkers (Jeffrey D. Buss of counsel), and Thacher Proffitt & Wood LLP, White Plains (Kevin J. Plunkett of counsel), for appellant-respondent.

Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh (Richard M. Mahon, II, of counsel), for respondents-appellants.

Herrick, Feinstein LLP, New York City (Scott E. Mollen and Paul Rubin of counsel), for Congregation Yetev Lev D'Satmar, Inc. and others, respondents.

Herzfeld & Rubin, P.C., New York City (David B. Hamm, Herbert Rubin and Linda M. Brown of counsel), for Jenoe (Jacob, Jeno) Kahan, respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and SMITH concur; Judge JONES taking no part.

OPINION OF THE COURT

PIGOTT, J.

This action involves a dispute over the ownership of a cemetery located in the Town of Monroe, New York, for members of the Satmar community, a distinct sect of Orthodox Judaism. The cemetery was originally acquired by plaintiff Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. (Monroe Congregation) in 1981. It contains the grave of the Grand Rabbi Joel Teitelbaum, founder...

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