SUPREME COURT OF THE STATE OF NEW YORK m, New York, on the COUNTY OF KINGS aay Ne Oe OT IWILMOS FRIEDMAN, HERMAN KAHAN, ZIGMOND IBRACH, JOSE MASRI, ERVIN ROSNER, MORRIS |FRIEDMAN, JOSEPH EPSTEIN, HERMAN LANDAU, IMOSES SPIELMAN and all others similarly situated | Plaintiff, CYL CEMETERY, INC., CONGREGATION YETEV LEV ID'$ATMAR, INC., CHEVRE KADISHE D’SATMAR, a division of CONGREGATION YETEV LEV D’SATMAR, IINC., CONGREGATION YETEV LEV D'SATMAR OF | IKIRY.AS JOBL, INC., CENTRAL CONGREGATION IYPTEV LEV D’SATMAR, INC., RABBI EZRIEL | GLUCK, JOSEPH WEISS, MOSES WITRIOL, DAVID | IMARKOWITZ, CHAIM ELIEZER GROSS, JOEL \ IKAUFMAN, DAVID EKSTEIN, ELIAS HOROWITZ, and | SHLOMO WERTZBERGER, | Defendants. HIVE LAI EEE CONGREGATION YETEV LEV D'SATMAR, INC., Plaintiff on Cross Claims -against- BERL FRIEDMAN, ISAAC ROSENBERG, DAVID IHAUER and SAMUEL OBERLANDER, Additional Defendants ‘on Cross Claims. jal Division, Part, of the Supreme the State of New York held in and forth County of Kit Genter, ‘of Kings. at the Courthouse, 6b WB. p.- INDEX NO. 33481/08 anal ORDER AND JUDGMENT Hon. Carolyn E. Demarest ep | INDEX NO. 75057/09 Plaintiffs, having instituted this action, styled a putative class action, seeking a permanent injunction; andTT Plaintiffs having moved this Court, December 16, 2008, for an Order granting a preliminary injunctio Defendants CYL Cemetery, Inc., Congregation Yetev Lev D*Satmar, Inc. (by Berl Friedman, as President), Chevre Kadishe D’Satmar, a Division of Congregation Yetev Lev D’Satmar, Inc. (by Berl Friedman, as President), Congregation Yetev Lev D’Satmar of Kiryas Joel, Inc., Central Congregation Yetev Lev D’Satmar, Inc., Joseph Weiss, David Markowitz, Chaim Eliezer Gross, Joel Kaufman, David Eckstein, Elias Horowitz and Shlomo Wertzbergcr (ET TEBR having jointly cross-moved by Notice of ‘Cross-Motion to dismiss the complaint; and the New York State Police, initially named as a defendant, having by Stipulation so- Otdered on January 29, 2009, been dismissed from the action; and Defendant Moses Witriol having separately cross-moved by Notice of Ciibss-Motion to dismiss the complaint, And this Court having granted a Temporary Restraining Order on December 16, 2008; and this Court, by Order dated January 30, 2009, having vacated the Temporary Restraining Order; NOW, upon reading and filing the Order to Show Cause, dated December 16; 2008; the Affirmation of David B- Hamm, dated December 15, 2008, with exhibits, inchading but not limited to the Affirmation ofWilmos Friedinan, executed December 10, 2008, witht Affirmation of Herman Kahan, executed December 10, 2008, with exhib the Affirmation of Zigmond Bruch, exceuted Decomber 9, 2008, with exhibits; the Affirmation of Moses Spielman, executed December 14, 2008, with exhibits; the Affirmation of Morris Friedman, executed December 10, 2008, with exhibits; the Affirmation of Joseph Epstein, executed December 11, 2008, with exhibits; the Affirmation of Herman Landau, executed December 14, 2008, with exhibits; the Affirmation of Jose Masri, executed December 14, 2008, with exhibits; the A firmation of Bevin Rosner, executed December 14, 2008, with exhibits; the Affirmation of Eluzer Schlesinger, executed December 10, 2008; the Affirmation of Bentzion Schwartz, executed December 11, 2008; the Affirmation of Meyer Greenbaum, exeented December 10, 2008; the Affidavit of Manuel Mangual, executed December 9, 2008, with exhibit; the Affidavit of Charlie Batipagtia, executed December 10, 2008, with exhibit; and the Affirmation of Chaim Jacobowitz, executed December 11, 2008, with exhibits, all read in support of. ‘Plaintiffs’ application for a Temporary Restraining Order and Motion for a Prelimin: i Inj d Beets tog Pines pow da ary Injunction, an nt; ook, ay The Affirmation of Defendant Rabbi Ezriel Gluck, il January 26, 2009, read in support of Plaintiffs’ motion; and