Agudas Chasidei Chabad of the United States v. Congregation Lubavitch, Inc., (Civil Ct. City of NY, April 28, 2020), ruled that the formal owners of the headquarters of the Chabad movement in the United States may eject from its buildings a faction of the movement that has conducted religious services in the basement of the headquarters building for over 25 years. In its 144-page opinion, the court, relying on neutral principles of civil law rather than religious doctrine, gave a victory to the portion of the movement that rejects claims that the late rebbe, Menachem Mendel Schneerson who died in 1994, should be referred to as the Messiah. The court said in part:
Rebbe Menchem Mendel Schneerson determined the power and authority granted to the owners of these properties, not this Court. His intentions and only his intentions were made clear by granting full authority to the owners, through Boards of Trustees, not the congregants or the Gabboim, over the religious corporation’s real property and personal property. This Court has the legal obligation to enforce the bylaws, religious corporation law and subsequent amendments to their contents. Just as the congregants had no legal rights to challenge the decision of the Board of Trustees to demolish a church, the congregation and the Gabboim have no legal rights to continue in possession after the Board of Trustees granted authorization tocommence these legal proceedings to recover possession of the subject premises by proper board action.Anash.org reports on the decision.
