Lowville, NY – The Lewis County Dairy Corp. (owned by Ahava Dairy) plant on Route 812 in New Bremen soon will be operating at full capacity, representatives of FJB LLC and Toobro NY LLC said Tuesday.
FJB and Toobro were granted a preliminary injunction in state Supreme Court giving them control of the kosher dairy plant and essentially kicking out the dairy’s previous operators, Ahava of California.
State Supreme Court Judge Joseph D. McGuire handed down the decision to the attorneys in the case Monday.
The preliminary injunction prevents Ahava and its representatives from occupying the dairy. In addition, Ahava is not allowed to remove any equipment, records or other materials from the plant. Finally, the injunction officially grants FJB and Toobro possession of the plant and immediate access to the premises without interference from Ahava.
“We are pleased,” said Albany-based attorney Jeffrey S. Baker, representing FJB and Toobro.
Mr. Baker said the companies will take charge of the dairy under their lease agreement and deal with some maintenance work there in coming days.
“The plan is to resume full operations soon,” he said.
The decision comes after testimony in the case Friday.
FJB and Toobro, both owned by Menachem and Schneur Bistritzky, last month filed suit against Ahava, claiming they were unlawfully evicted June 28 from the plant.
Toobro in February purchased the assets of Ahava Entities, including the New Bremen facility and a kosher plant on Main Street in Ogdensburg, through two financial institutions that had liens on Ahava through Chapter 7 bankruptcy of that company’s owner, Moise A. Banayan.
However, Ahava of California, operated by Mr. Banayan and his brother, Fariborz, but not included in Ahava Entities, continued to occupy the New Bremen plant through a lease agreement with Lewis County Dairy.
FJB and Toobro on March 1 entered a five-year agreement to lease the plant for $30,000 per month. However, New York City attorney Leo L. Esses, representing Ahava, claimed the agreement was fraudulent.
The plant employs about 50 people.
(Source: Watertown Daily Times)
Join the official YWN WhatsApp status
6 Responses
Why was this handled by gentiles, who know nothing of our Law, as opposed to a kosher Beis Din?
Isn’t the plant a very Orthodox Jewish business? Or are these people all non-religious or something?
Whoever wrote this article needs to take a course in journalism. It doesn’t present facts by importance or in any other logical order. I think what it is saying is that:
Ahava Dairy (Banayan) is out of business (Ch 7)
Ahava Entites (Bistrtzky) is a new company formed to buy out Ahava Dairy’s assets from its creditors. This includes the ___ Square names, and the plant lease.
Ahava of CA (also Banayan) took over the dairy plant, preventing Ahava Entities (Bistritzky) form starting production, and in this court case, Ahava Entities won.
I agree with #2, the title and the first sentence don’t connect.
What a chillel Hashem
Is this fair and SQUARE?
rebshalom, civil matters are exactly what the Batei Din are supposed to handle. Borrerus, etc.
Maybe this is how it’s done in the US. Why isn’t it against halacha? Is someone refusing Beis Din? Chas V’Shalom.