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Queens: Judge Throws Out Lawsuit Against Jewish Cemetery


bac.jpgThe NY Daily News reports: One of the oldest Jewish cemeteries in New York City will remain an eyesore and a disgrace to the memories of thousands buried there for the foreseeable future.

A judge has tossed out a lawsuit filed against Bayside Cemetery in Ozone Park charging the operator with failing to maintain the perpetual care of the plots.

Federal Judge Raymond Dearie ruled there is no jurisdiction in federal court for the class-action suit, which was filed more than two years ago.

“As the court has noted from the outset of these proceedings, all agree that Bayside Cemetery’s state of decay and disrepair is disheartening and in need of prompt repair,” Dearie stated in his decision.

The court papers depict the cemetery – founded in the mid-19th century – as a worthy setting for a horror movie, with human remains exposed in desecrated crypts. The grounds are overgrown with weeds and brush, completely covering many tombstones, rendering paths impassible.

Michael Buchman, an attorney who is representing five descendants of Jews buried in the cemetery, filed a new lawsuit on Wednesday in Manhattan Supreme Court against Congregation Shaare Zedek, an upper West Side synagogue that owns and operates the cemetery.

“After two years of judicial delays, Chief Judge Dearie concocted a reason to dismiss the case from federal court,” said plaintiff John Lucker, of Connecticut, whose grandparents purchased a burial plot there in the 1970s.

“In the meantime, Bayside Cemetery continues to be in a horrific, disgraceful condition and Congregation Shaare Zedek continues not to be held accountable,” he said.

The lawyer for the cemetery operator did not respond to a request for comment on Wednesday.

After the suit was originally filed, Rabbi Julia Andelman of Shaare Zedek told the Daily News that many of the burial societies that sold the plots have disappeared or stopped contributing to the upkeep of the grounds.

(Source: NY Daily News)



6 Responses

  1. I guess we’ll have to wait for a p’sak from
    “Rabbi”Julia about what is the halacha in such a situation. Huh? Halacha? What’s that?

  2. This is a terrible thing, somehow we have to get the community to make sure that we dont disgrace our dead like this, anyone have any ideas? whether Shaare “tzedek” is responsible legally or not these are yidden buried there and we are all responsible

  3. #3 and #4 have an excellent idea — our young people go to Europe to restore Jewish cemeteries, why can’t they go to Ozone Park? Does anyone reading this have connections to NY-NJ area schools that might be willing to participate in such an effort? Shaarei Zedek has a website, so if there are schools willing to participate, it should be easy to contact the right people to get permission to help clean up.

  4. #5
    I sent a few emails one to the Hebrew Free Burial Society and one to CAJAC which is apparently speraheading a cleanup of this site, it seems that this cemetary is getting some attention finally but I am sure it is not enough, and I am sure it is not the only one…

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