Restraining Order – 1997

Even After the restraining orders were lifted, Spritzer had the Chutzpa to still try to use it against the original directors.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MACHNE MENACHEM. INC.,
Plaintiff.                                                                                                                                                                              CV-97-2550

v.                                                                                                                                                       FINDINGS OF FACT AND
CONCLUSION OF LAW

MENDEL HERSHKOP, MEIR HERSHKOP,
AARON (LELLI) HERSHKOP, SCHNEUR
(GADI) HERSHKOP, LEVI HARTMAN,
SHMUEL HEBER and YOSEF GOLDMAN,
Defendants.
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GLASSER, United States District Judge:

At the conclusion of a hearing on the plaintiff’s motion for a preliminary injunction, the court makes the following findings of fact:

1. The defendants Aaron. a/k/a “Lelli” and Schneur Hershkop. a/k/a “Gadi” and Levi Hartman, acting either in concert or aiding and abetting each other, have assaulted. harassed and threatened Yaakov Spritzer. Meir Schreiber and Yosef Spatter, and have threatened Joseph Spielman and set lire to his vehicle.

2. The defendants named in “I”, above have threatened the administrator of the plaintiff camp with physical harm and have, without authorization, removed personal property from the camp, including, specifically, shop tools and a potato peeler the replacement cost of which was estimated to be $1.500, and in other respects interfered with the orderly and peaceful administration of the plaintiff camp.

3. Mendel Hershkop. Meir Hershkop. Shmuel Heber and Yosef Goldman. who are or claim to be directors of the plaintiff, have established. caused to be established. or assisted in establishing Ohr Menachem a new summer camp. in direct competition with the plaintiff camp of which they claim to be directors.

4. The named defendants, acting in concert or aiding and abetting each other. have caused an account of the plaintiff in the European American Bank to he frozen and thus prevented the plaintiff from using the funds in that account in the conduct of its business.
The foregoing findings arc predicated upon the court’s assessment of the credibility of the witnesses whose testimony was carefully considered and whose demeanor was closely observed. That assessment led the court to find the testimony of Aaron and Schneur Hershkop and Levi Hartman not worthy of belief and the testimony on behalf of the plaintiff credible.

CONCLUSIONS OF LAW
The prerequisite for granting a preliminary injunction are so well established as to make the citation of authority for that purpose superfluous. The plaintiff must establish the threat of irreparable harm, likelihood of success on the merits or a reasonable question going to the merits, with the balance of hardship tipping in favor of the niovants. The likelihood of success on the merits has, in the court’s view, been established. The threat of irreparable harm is and has been created by the concerns engendered by the defendants in the community of the ability of the plaintiff camp to function efficiently and effectively. That concern is manifested by the significant reduction in camp enrollments from last year to this. It has also been manifested the operation of a competing camp in flagrant violation of fiduciary duty by those defendants claiming to still be directors of the plaintiff.

The parties have agreed that the evidence presented in connection with this hearing on a preliminary injunction would be the same as would be presented in a hearing for a permanent injunction and may be considered for the latter purpose. Accordingly, and for the foregoing reasons the defendants are permanently enjoined:
(1) from committing or aiding, abetting, counseling or inducing any act of violence or harassment or making or causing to be made or aiding, abetting, counseling or inducing any threat against any officer or employee of the plaintiff camp, including against Yaakov Spritzer, Meir Schreiber, Yosef Spalter and Joseph Spielman:
(2) from entering upon the grounds of the plaintiff camp without authorization:
(3) from interfering, in any way, with the administration of the affairs of the plaintiff camp, including the maintenance of bank accounts in the name of the plaintiff camp. In this regard, they are directed to free the account of the plaintiff camp in the European American Bank or in any other hank which they caused to he frozen.

SO ORDERED.
[Judge Signeture]
United Slates District Judge

Dated:    Brooklyn, New York
July 1st, 1997