New Hempstead, NY – In the long awaited decision, The Appellate Division of the New York State Supreme Court ruled in a decision dated June 3, 2008 that the Kehillat New Hempstead breached the contract of Rabbi Mordecai Tendler when they terminated him in February, 2006.
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The court stated: “In May 1992 the plaintiff entered into a contract with the defendant…The Parties’ contract expressly provided that the Congregation could not terminate the plaintiff’s employment as its rabbi “unless” it had obtained prior authorization from a rabbinical court…While implicitly conceding that it terminated the plaintiff as its Rabbi sometime before February 27, 2006, the Congregation contends that it obtained the required rabbinical court ruling authorizing such action. However, the rabbinical court ruling upon the Congregation relies is dated March 21, 2006…Accordingly, the plaintiff established, as a matter of law, that the Congregation breached the contract.”
Rabbi Tendler argued that reliance upon a document purporting to be a Rabbinical Court decision authored by Rabbi Benzion Wosner, of Monsey, New York was untenable inasmuch as it was dated after his termination. Rabbi Tendler was not involved in any such proceeding at any time. In fact, he was never advised of the existence of Wosner’s so called “rabbinical court” action until it surfaced in the litigation as an apparent pretext for his termination.
Rav Benzion Vozner shlit”a is a Mora Horaah (posek) and does not need Tendler’s Haskama. The facts here however, may have been in Tendler’s favor but not because of Rav Vozner’s psak.
but he must be notified before a din torah. you can’t have a din torah with the subsequent p’sak without notifying the person “on trial”.
It would seem that the legal issue was whether the congregation violated the terms of the contract by dismissing him BEFORE they had received approval from a Beis Din.
This court erred and it will be overturned on appeal. The board did not fire him on Feb 2006, they suspended him on that date pending the out come of the ruling of the Bais Din!
To Anon 2:25
Tendler was summoned to the Bais Din Mechon LeHoyrah on Maple Ave and did not show. Tendler himself summoned his board to Bais Din, Agudas Harabonim, which Tendler himself never showed up as well!
Tendler presented his case to two Batei Dinim prior to his suspension:
The Bais Din of Harav Yisroel Hager and Harav Zimmerman, both Batei Dinim found him to be a liar and unfit to be a Rav!
See the site Committee of Rabinical Integrity!
All this means is that the shul will owe him 1 months salary, the court agreed that he can actually be fired even though he had a lifetime contract
Rav Tendler is still a Rav regardless of the psak of the Beis Din, so lets please still keep that in mind and show him the Kavod he still deserves
To Anon 3:25
How so?
Obviously, ppl from the area are very involved in this matter. “Teichman” is telling us that the court couldn’t figure out the difference btween a suspension and a firing. This would only be true if “Teichman” was on the court. The next commentor wants e/t to be settled as though the firing took place a month later. That is sort of having a police office give you a ticket and telling you to save it for next time.
As the court has ruled, the firing was a breach of contract. That means the firing could not take place – AT ALL. Thus, as the next commentor points out – Rabbi Tendler is STILL and always HAS BEEN the Rav. Furthermore, I believe there is a question as to the rights this board had at all in the issue of dismissing the Rav. As it stands now, the Shul’s rav is Rabbi Tendler and the shul, and possibly the board members, are responsible for back pay and current salary. I wonder if that means “Teichman”?
Clearly the groiseh chachumim that run KNH can’t do anything right. And the writer that suggested this decision can be appealed is oichet a shmendrick. This new decision orders the rockland court to award Tendler damages. You can’t appeal an interim decision. All those genius lawyers who run KNH, from the one on Brick Church road a few houses away to the one who works in the Bronx (you know who you are) are eatin crow today because they destroyed the shul, they won’t have enough money in ten lifetimes to cover the damages they’ll owe Tendler.
This court’s ruling was an appellate ruling and is very UNLIKELY to be overturned on appeal. Indeed, it is unlikely that the highest court will even agree to hear the appeal. And considering that the highest court is a majority of female judges, I doubt they’ll be sympathetic at all to “Rabbi” Tendler.
Anyway, this court ruling doesn’t get Tendler very far. OK; so the shul breached the contract by firing him before the beis din gave permission. So now they’ll go to beis din and get permission. Big deal…maybe they owe him some back wages. But what beis din is going to allow him to remain the “Rav” of a shul that has no respect for him because he had a 5 year sexual relationship with a female congregant who came to him for spiritual guidance and got “sexual counseling” instead?
the defendant can not appeal ruling as it was a unanimous one, and the defendant is also liable for legal costs of many hundreds of thousands of dollars besides the actual award for breach of contract. all the payments are the responsibility of the shul and the individual board members, talk about chickens coming home to roost, act in haste suffer in leisure
Tendler was stripped of his Rob-bonus by the Zimmerman beis din. Mordy has no claim to the shul and at the very best is owed one months salary. They had every right to fire him and did so properly. Mordy would just love to save some face and feels a need to fight but when pressed on the real issues will refuse to show up in bais din or go to court to try and clear his name because he knows they have the goods on him and he will end up putting the final nail in his coffin. I find it so interesting that his father has not put himself on the line for him and he is not one who is afraid of controversy. I can only imagine that he knows about too many skeletons that will fall out of their closet and wisely keeps away. Also, Since when does a “rov” take his congregates to secular courts? Pirkei Avos says that a person who chases Kavod the Kavod will run from him. I never saw better living proof of this.
Rabbi Tendler has not been found guilty of anything by any court of law. In this country you are innocent until you are found guilty.
I believe dina dmalchusoh dina.
Most people in New Hempstead knows the truth. regardless of what the court says, this is a chillul hashem with far reaching consequences for many people and families.
all you posters fail to comprehend how much money the board individually and the shul < an an entity> owes each board members is liable for whole judgement and will have a lien placed on his property for the legal costs and thebreah of contract judgement
it couldnt have happened to a nicer group of people
gut yom tov
Re anon 5:18
you have no clue what your talking about, we as Jews have a torah & we obey it accordingly, the only way you can say “Dina demalchisa dine” is when it does not contradict with the torah, now, what did you mean by writing that “he is not guilty by any court of law” who are those who judge in a court of law? Is the US justice system the same level as the torah & its dayunim, it is bes din that matters in torah inyunim
Courts a “Heen” Courts a “Her”
Tendler knows what he did, his past and present Boards knows what he did, Michelle his “rebitzen” knows what he did, the people whose lives he totally destroyed knows what he did.And The Ribono Shel Olam knows what he did!
He can win all the money in the world, nobody will ever look at him again without wondering how many women he destroyed!
Chag Samaich Mordy Tendler
and remember its over until its over!
you will yet give din ve’cheshbon …
OJ was also found innocent
im sure thats a big comfort to the poor slobs who are about to get their life savings wiped out and lose their homes
I would like to see a bais din rule him guilty. Never going to happen. I think this case has completely scared the people chasing Tendler out of their wits. Do you realize that no one ever found him guilty of anything? The “bais din” that ruled he could be fired never heard his side. The RCA rid him on claims that now seem to be baseless. Whatever happened happened. As Jews, which I assume you are, we can’t decide matters in this way. Unfortunately, when we don’t have “torah-abiding” Jews, we need the secular courts to decide. The “board” thought this was a simple case to win. Guess what, they couldn’t convince a goy, when both sides were presented, they had done right. Which Jew did they convince?
Binfol Oyvecha Al Tismach. May the “board” realize its mistake and do teshuva. Please don’t tell us you are standing up for the victims of a sexual preditor. It is time to do what’s right. If Rabbi Tendler has a din v’cheshbon coming, that is his issue. Why should the “board” continue to fight. Do they really want to lose it all? Give Rabbi Tendler back the shul and get out, if you so choose.
not only will rabbi tendler shilt get the shul back, but the sorry group of morons the so called board, will pay through the nose, i say to them be careful the door doesnt hit you on the way out
This was a breach of contract case. The goal of contract law is to place someone back in the position they would have been had there been no breach. This court accepted 2 dates- there was a bet din that gave the OK to terminate on 3/21/06, and that termination happened some time before that. Implicit in this ruling is that had the termination occurred after 3/21/06, then Tendler’s claim would have failed. OK, so this means that Tendler is fired effective 3/21/06, and his damages are his compensation from the date of termination until 3/21/06. The poster who suggested that once there was a breach, Tendler could never be terminated, I have but one question- from which law school did you graduate from?
i understand that the board sent a leter to rabbi tendler offering to resign and hand over the shul free and clear if he drops his financial claims againt them < seems their wives are petrified they will lose their homes>. rabbi tendler’s side is weighing this suggestion there are those on his team who want to extact a pound of flesh and teach the hapless board a lesson they will never forgett
regardless of what the breach of contract award is
the old board was terminated by the court and are liable for court costs and legal fees of more than 500,000 dolars thats why they are running around like chickens without a head
I just have to laugh at these Tendler supporters
they will grasp at any straws and blow it out of all proportion.All this ruling said is that Tendler can get 1 month salary that’s it.
Wishing it to be anything more and concocting stories about offers from the board are all pipe dreams. Poingnantly missing from the judge’s verdict is anything about compensation due to tendler.
He implicitly recognised the validity of the Bais Din’s ruling only ststing that is was 1 month later. So what’s the problem ? Are we to imply that that they changed their mind about kicking him out AFTER they received the required Bais Din Psak ??? That’s preposterous and only
a moron would follow that twisted logic. If that would be true they would have called him back as soon as the got the psak and said sorry we don’t mind having a certified fornicator as our Rabbi.
The shtus coming from that camp just boggles the mind.
Are u kidding me??? In this past week’s Journal News, Tendler’s own lawyer is quoted in an article as saying:
“What we have here is consensual conduct. I don’t think we should criminalize it.”
Hello??? CONSENSUAL!!!
CONSENSUAL!!!
CONSENSUAL!!!
CONSENSUAL!!!
CONSENSUAL!!!
CONSENSUAL!!!
To the first commentator on this issue (Oy Gevald 06-08-2008 – 1:03 PM): Rav Mordechai Tendler shlit”a is a Mora Horaah (posek) and does not need Vozner’s Haskama. The facts here are in Rav Tendler’s favor reagrdless of Vozner’s “psak”.
Is it possible that R. T. had, a how shall we say ‘a consensual relationship’ with the Appeals Court?
he did to the board what he did to his congregant – that’s why the members of the board now have egg on their face…
Several important points that many of you are entirely ignorant of!
Breach of contract in the american court system means that the entire contract must be fuliflled. The damages inculde the rest of the contract, with inflation and pay raises, as well as any other losses (other jobs, speaking engagements etc) that may be affcted by the firing. For al ifetime contract, this can be millions of dollars. And it will be.
Adina (the woman who had a five year “relationship” with the Rabbi) has had a brain tumor for many years. This came out in court, when her medical records were subpoenaed. She is a bag lady, with hair to (often past) her knees. She is one who does not take showers. She was taken in, as many other nitzrachim and nebachs, by the tendelers. Anyone who met her, even once, knows that the allegations are rediculous. She is not playing with even 1/2 a deck, (she does have some extra jokers in there though) and she is a vile and disgusting woman. She is A BAG LADY! All that would need to be shown to poeple is her picture – for one look at her is all you need. She lucky that her name was Adina, sounds kinda cute – if her name was Eunice or Cynthia she would not have had a chance she would have sounded like she looks; like an oversized farm animal.
You are all going down in a big way. Enjoy these last few months, because afterwards, this whole game will end with you all hightailing it for another community, where you can try to rebuild your miserable lives.
All of us good poeple are hoping that you (and your new “Rabbi”) die misrable deaths, you group of scumbags.
I was in KNH over Yom Tov. No one much spoke about this at all. KNH is not scared, the board is not offering anything to Tendler. Moreoever, anyone who actually reads the decision will see that at best Tender is entitled to one month’s salary, about $8,000.00. If he wishes to seek interest on that money in violation of the issur on taking Ribbit, he might get another $1,500.00 approximately. Tendler did KNH a huge favor by suing. Just before the lawsuit, KNH was prepared to offer him in access of $400,000.00 to walk away. The dumb yutz refused saying it wasn’t enough money.
dumb yutz indeed he now will get not 400,000 but 1,400,000. and youll all lose your homes for your arrogance just wait until you face the marshall
“Der nister” was indeed hidden over shavuos if he davened at KNH along with 11 or so people that were there. Tendler had as many people in his house.
As for the ridulous comment that the decision awarded tendler only a month’s salary – the decision stated nothing of the sort. Its a public record easilly obtainable on ecourts (Check the AD2d site).
What the decision said was that the contract was breached. Incidentally, tendler didn’t even ask the appellate court to rule on the breach. All he sought was to return the case to the trial court in rockland. It was the judges themselves who ruled that the contract was breached. As for the hornbook law – once the contract is found to have been breached, then the full terms of the value must be determined and awarded. The psak that KNH got a month later is of no significance. They could have gotten it a day later or never, makes no difference. Since the contract said Tendler couldn’t be fired UNLESS a psak was obtained, it had to have predated termination. The psak was a condition precedent to termination.
The keys are – what was the original term of the contract (answer – lifetime) and when it was breached. The difference of those is the time frame within the trial court must now determine the value. On top of salary and benefits, you’re talking the cost of the minyan in his house, lost ancillary revenue, and the big question – personal damages.
Anyone that thinks this is now just a matter of a months salary is either ignorant or uninformed.
Ikey, you’re ignorant of various facts that render KNH in the clear. MT was sent a formal dismisal letter in APRIL. 2006, after the P’sak. This decision in fact helps KNH. It stands for KNH’s right to fire MT in reliance upon a p’sak Bet Din, and limits his potential damages. But I wonder if MT will really push this any farther. After all, a trial will necessitate discovery, and everyone knows what’s waiting to be discovered. That’s why MT NEVER follows through. He knows that pushing to far will backfire in a big way.
You’re a day late and a dollar short, oh hidden one. Read the court order. If what you say is true, that tendler was fired in April, when KNHs own submissions indicated a Feb firing, as stated in the decision, then KNH has worse attorneys representing them then the ones that daven there. Your post otherwise makes zero sense.
Indeed Ikey, you may have a point that somewhere along the line, someone made a mistake. I’m willing to bet though that it was a law clerk at the Appellate Division, who briefed this case for the Court who misread something. It wouldn’t be the first time something like that happened. But it’s also meaningless since all Tendler now has is a hearing where he can try to prove damages and where KNH will get to show the April, 2006 letter, and explain in graphic detail why they fired him. I bet he’s too chicken to follow through. If he actually does go through with it, I plan to reserve Aaron Yosef a front row center seat.
The lower court can not “undo” the ruling of the Appeals Court. The matter of law is decided and not appealable (4-0 ruling). It doesn’t matter what KNH brings to court, it will still be breach of contract – that decision is rendered and final. It does not matter when they got the psak, the breach already occurred. The only question is the amount of damges. Ikey nailed it on its head.
anon 12:36 is right. the only issue before the lower court is damages. the letter will have no bearing as that matter is not before the lower court.