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INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
—-- eee eee
In the Matter of
INDEX NO. /2023
The Arbitration of Certain Controversies
Between
VERIFIED PETITION
YISROEL ECKSTEIN and JACOB GOLD,
Petitioners,
And
ZEV LANDAU a/k/a WOLFE LANDAU, and MEIR
DAVID TABAK,
Respondents.
--- a eee
Petitioners, Yisroel Eckstein and Jacob Gold,
respectfully allege the following:
1 Petitioner, Yisroel Eckstein, is an individual
residing in Brooklyn, New York.
2 Petitioner, Jacob Gold, is an individual residing
in Brooklyn, New York.
3 Upon information and belief, Respondent, Zev
Landau a/k/a Wolfe Landau, resides at 121 Middleton Street,
Brooklyn, New York 11206.
4 Upon information and belief, Respondent, Meir
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David Tabak, resides at 182 Middleton Street, Brooklyn, New
York 11206.
5. A dispute arose between the Petitioners and the
Respondents in connection with a real estate investment.
6. On May 23, 2023, the parties executed an
arbitration agreement in which they agreed to “... adjudicate
all disputes between us and the arguments and claims we have
against each other... ."” before “... the following Rabbis (1]
Rabbi Menachem Zecharye Zilber, Chief of the Rabbinical
Court, [2] Rabbi Abraham Gross, [3] Rabbi Baruch Arye Leibish
Rubin... ” A copy of the arbitration agreement in Hebrew,
together with a certified translation into English, is
attached hereto as Exhibit A.
7. After said Arbitrators had completed their study
and considered of all the facts, circumstances, elements, and
proofs submitted to them and having come to a decision, the
Arbitrators made an award, in writing, dated May 23, 2023
(the “Award”). A copy of the Award in Hebrew, together with
a certified translation into English, is attached hereto as
Exhibit B.
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8. The Award provides at paragraph 1 that based on
certain claims the Respondents are obligated to pay to the
Petitioners the sum of $266,666.
9. The Award provides in paragraph 2 that based on
other claims the Respondents are obligated to pay the
Petitioners $85,000 ($160,000 less $75,000 deduction to which
they are entitled).
10. Thus, the Award provides that in total the
Respondents are obligated to pay the Petitioners the total
sum of $351,666.
11. The Award was duly delivered to all parties.
12. Notwithstanding the Award, the Respondents have
not paid any of the amount awarded by the Arbitrators to be
due by the Respondents to the Petitioners.
13. Subsequently, as a result of Petitioners’ failure
to pay the amount awarded, the Secretary of the Arbitrators
issued a letter dated June 28, 2023, entitled “Compliance
with Rabbinical Court Ruling Warning” (the “Compliance
Letter”).
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14. The Compliance Letter provides that the
Respondents “... are to immediately provide the sum the
Rabbinical Court [Arbitrators] assessed... . ” A copy of the
Compliance Letter in Hebrew, together with a certified
translation into English, is attached hereto as Exhibit C.
15. Notwithstanding the Award and the Compliance
Letter, the Respondents have still not paid any of the amount
awarded by the Arbitrators to be due by the Respondents to
the Petitioners.
16. The Award and the Compliance Letter have not been
vacated or modified.
17. This Petition is brought within one year after the
delivery of said Award and Compliance Letter.
18. No prior application has been made for the request
herein.
WHEREFORE, the Petitioners respectfully request
that an order be made confirming the Award and the Compliance
Letter and directing that judgment be entered thereon in this
Court awarding to the Petitioners judgment against the
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Respondents, jointly and severally, for the sum of $351,666
together with interest from May 23, 2023, costs and
disbursements, and that Petitioners have such other and
further relief as this Court may deem just and proper.
Dated: August 2, 2023
SUSLOVICH & KLEIN LLP
Attorneys for Petitioners,
Yisroel Eckstein and Jacob Gold
1507 Avenue M
Brooklyn, NY 11230
Phone: (718) 382-5700
By: Mark M. Krany
Mark M. Kranz
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INDEX NO. 522204/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------~-------------------------+---
In the Matter of
INDEX NO. /2023
The Arbitration of Certain Controversies
Between VERIFICATION
YISROEL ECKSTEIN and JACOB GOLD,
Petitioners,
And
ZEV LANDAU a/k/a WOLFE LANDAU, and MEIR
DAVID TABAK,
Respondents.
-------------------+---+-------------+--+ x
STATE OF NEW YORK
COUNTY OF KINGS ) S.S.:
I, the undersigned, being duly sworn, deposes and
says that I am a Petitioner herein and I have read the
foregoing petition and the contents thereof. The same is true
to my own knowledge, except as to those matters therein stated
to be alleged upon information and belief, and as to those
matters I believe them to be true.
b
YAsroel Eckstein
Sworn to before me this
2nd day of ugust, 2023
{
MARK M. KRANZ
NOTARY PUBLIC-STATE OF NEW YORK
Notary ‘ublic No. 01KR6066191
Qualified In Kings County
My Commission Expires November 13, 20 > «—~
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: INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
a 718.384.8040
—ITARGEM Targemtranslations.com
projects@targemtranslations.com
Cm TRANSLATIONS 185 Clymer St. Brooklyn, NY 11211
CERTIFICATE OF ACCURACY
On this day, personally appeared before me, a Notary Public in and for the State of
New York, County of Kings, Wolf Markowitz, who after having duly affirmed,
deposes and says that he is and has for more than 35 years been, a professional
translator of the HEBREW and ENGLISH languages; that he carefully prepared the
attached ENGLISH translation of an Arbitration Agreement written in HEBREW;
and that the translation is a true, accurate and correct rendering of such
document and the whole thereof. Described and affirmed to before me this July
17, 2023. 7
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Signature of Translator
ALE dun
Notary PiROCHAL Weiss
ublic, State of New York
Ne lO. 01WE
Qualified 6293785
Com mission ExpinireKins gson Cow12nt:1
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INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
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INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
Translation fromthe H E B RE W Language
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Rabbinical Court
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Canada
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By the Grace of G-d
Arbitration Agreement:
We, the signed below acknowledge that we accepted upon ourselves the following
Rabbis
Rabbi Menachem Zecharye Zilber, Chief of the Rabbinical Court
Rabbi Abraham Gross,
Rabbi Baruch Arye Leibish Rubin,
The Rabbinical Court of the Central Rabbinical Congress of the USA and Canada
To adjudicate all disputes between us and the arguments and claims we have against each
other, either
as a Din {Jewish law} oras a settlement, as their opinion suggests
and as
they see fit. And we hereby commit ourselves to comply with whatever will be issued by
them, without any appeal either before any other rabbinical court, or before secular
courts.
The validity of this agreement is in the most effective manner according to the laws of
our holy Torah, which is also effective according to state law. The validity of this
arbitration agreement is for an unlimited time.
In the event one of us signed herein will evade from appearing before the Rabbinical
Court to complete the arguments, this Rabbinical Court has the right to issue a Rabbinical
Court Ruling as it sees fit. Should one of the Rabbinical Court recuse himself from
serving on the Rabbinical Court for whatever reason, the two remaining Rabbinical Court
members may add a third Rabbinical Judge as they wish.
All of this was entered into through a complete Agav Suder binding procedure, performed
with an object that is appropriate for binding purposes, by annulling all preemptive
declarations, neither as a simple assurance nor is it boilerplate language. It is all
confirmed and established.
On this we affixed our signatures, today, Tuesday Nusoi I, 3 Sivan 5783 {calendar date:
May 23, 2023}, hereI Brooklyn, New York. Calendar date:
Plaintiff/s
Yisroel Eckstein, on my own behalf and on behalf of Jacob Samson Elye Sgal Gold
Firm name ---- --
Defendant/s
Zev (Wolfe), son of YL Landau, Meir David Tabak
Firm name wenn nnn en nnn nn nn nn nnn n ee
: INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
a 718.384.8040
—ITARGEM Targemtranslations.com
projects@targemtranslations.com
Cm TRANSLATIONS 185 Clymer St. Brooklyn, NY 11211
CERTIFICATE OF ACCURACY
On this day, personally appeared before me, a Notary Public in and for the State of
New York, County of Kings, Wolf Markowitz, who after having duly affirmed,
deposes and says that he is and has for more than 35 years been, a professional
translator of the HEBREW and ENGLISH languages; that he carefully prepared the
attached ENGLISH translation of a Rabbinical Court Ruling written in HEBREW; and
that the translation is a true, accurate and correct rendering of such document
and the whole therecol Described and affirmed to before me this July 17, 2023.
ee
LY (iE)
Signature of Translator
ALE dun
Notary PiROCHAL Weiss
ublic, State of New York
Ne lO. 01WE
Qualified 6293785
Com mission ExpinireKins gson Cow12nt:1
6:20.5
Fm
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INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
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85 Division Ave., Brooklyn, N.Y. 11249 (U.S.A.) * (718) 384-6765, ext. #2 © Fax: (718) 489-8270 * email: bd@centralcrc.com
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INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
Translation fromthe HE B RE W language
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STV IT,
Rabbinical Court xT
of the mona nyo,
Central Rabbinical Congress SP SINT
of the W.8.A, and Canada
85 Division Ave., Brooklyn, N.Y. 11249 (U.S.A.) + (718) 384-6765, ext. #2 + Fax: (718) 489-8270 + email: bd@centralcrc.com
By the Grace of G-d
Rabbinical Court Ruling - Court Decision
On the controversies between Mr. Yisroel Eckstein, on his own behalf and on behalf of
Rabbi Jacob Gold, the plaintiffs, and between Mr. Zev (Wolfe) Landau and his partner
Mr. Meir David Tabak, the defendants. After they performed a complete Agav Sudar
binding procedure and signed an arbitration agreement to rely on our opinion, and after
hearing their arguments, a Rabbinical Court Ruling, based ona settlement, was issued as
follows:
1. Being that it was negotiated between the parties that should the defendants fail to
pay the plaintiffsthe sum they are required to pay in exchange of purchasing the
Plaintiffs’ interest
within a certain time, the funds will be held by the defendants
under terms of Isske", a Rabbinical Court Ruling is hereby issued that due to the
Isske, the defendants are required to pay the plaintiffs the sum of $266,666.
In addition to the aforementioned obligation, the defendants are required to pay
the plaintiffs the sum of $160,000 for the transfer tax they were charged for
transferring the partnership asset onto their name, and the defendants may deduct
from it the sum of $75,000 the defendants paid their broker at the beginning of
buying the property for the partnership.
In the event a dispute arises between the parties either on interpretation
of this
Rabbinical Court Ruling, or another dispute related the aforementioned claims
and demands, the parties shall retum to the Rabbinical Court for how to proceed.
Besides this, they have no claims and argument
against each other; may they all settle
peacefully.
On this we have affixed our signatures on Tuesday Nusoi I, 3 Sivan, 47 Matmonim, 5783
{calendar date: May 23, 2023}.
Saith: Menachem Zecharye Zilber
Saith: Abaraham Gross
Saith: BaruchArye Leibish Rubin
1 A transaction structured in a certain way under Jewish law, to allow charging/paying interest, which is
generally prohibited
: INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
a 718.384.8040
—ITARGEM Targemtranslations.com
projects@targemtranslations.com
Cm TRANSLATIONS 185 Clymer St. Brooklyn, NY 11211
CERTIFICATE OF ACCURACY
On this day, personally appeared before me, a Notary Public in and for the State of
New York, County of Kings, Wolf Markowitz, who after having duly affirmed,
deposes and says that he is and has for more than 35 years been, a professional
translator of the HEBREW and ENGLISH languages; that he carefully prepared the
attached ENGLISH translation of a Rabbinical Court Warning written in HEBREW;
and that the translation is a true, accurate and correct rendering of such
document and the whole thereof. Described and affirmed to before me this July
17, 2023. 7
LY (iE)
Signature of Translator
ALE dun
Notary PiROCHAL Weiss
ublic, State of New York
Ne lO. 01WE
Qualified 6293785
Com mission ExpinireKins gson Cow12nt:1
6:20.5
Fm
co
INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
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Index Number 141873
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INDEX NO. 522204/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/08/2023
Translation fromthe HE B RE W language
ais Bin Zede,
at STIs
Rabbinical Court SAN
of the mevAA nyo
Central Rabbinical Congress rT SINT
of the H.9.A. and Canada
85 Division Ave., Brooklyn, N.Y. 11249 (U.S.A) * (718) 384-6765, ext. =2 # Fax: (718) 489-8270 + email: bd@centralcrc.com
By the Grace of G-d
Compliance with Rabbinical C ourt Ruling Warning
Index Number 141873
On the controversies between Mr. Yisroel Eckstein, on his own behalf and on behalf of
Rabbi Jacob Gold, the plaintiffs, and between
Mr. Zev (Wolfe) Landau and his partner
Mr. Meir David Tabak, the defendants.
To the attention of the defendants: being that the plaintiffs tumed to us with regards to
compliance with the Rabbinical Court Ruling that was issue by this Rabbinical Court on
3 Sivan 5783 {calendar date: May 23, 2023}, and they complained that you have failed to
comply with the Rabbinical Court Ruling and directives. Therefore, we write you as
directedby the Rabbinical Court, that you are to immediately provide the sum the
Rabbinical Court assessed, and if you have any claims and demands, you are to
immediately contact the Rabbinical Court to schedule a Rabbinical Court hearing
conceming the controversy between you. In the event you fail to comply with the
Rabbinical Court Ruling within ten days from the date below, the Rabbinical Court will
be compelled to tame measures.
Whitten and sion behalf of the Rabbinical Court, Wednesday Chikas-Balak, 9 Tamuz
5783 {calendar date: June 28, 2023}
Aaron Spitz, Secretary
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