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CONGREGATION ERECH SHAI BAIS YOSEF, INC. v. WERZBERGER

2019-03090. Index No. 516604/18.

189 A.D.3d 1165 (2020)

138 N.Y.S.3d 542

2020 NY Slip Op 07538

Congregation Erech Shai Bais Yosef, Inc., et al., Respondents, v. Yoel Werzberger et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 16, 2020.

Attorney(s) appearing for the Case

J. Michael Gottesman , Kew Gardens, NY (Lonuzzi & Woodland, LLP [ John Lonuzzi ], of counsel), for appellants.

Howard R. Birnbach , Great Neck, NY, for respondents.

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the fixing of an appropriate undertaking pursuant to CPLR 6312.

This action arises out of a dispute as to who is authorized to act on behalf of the plaintiff Congregation Erech Shai Bais Yosef, Inc. (hereinafter the Congregation), and, in turn, to control the use of real property located at 1364 57th Street in Brooklyn and held in the name of the Congregation...

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