supreme Court Jstice Julius Miller yesterday denied an application ofr a peremptory mandamus asked by lieber Grill, president of the Clinton Street Synagogue, to force Samuel Selkowitz, secretary, to surrender the account books of the congregation. Justice Miller issued an alterntive writ which will subject the officials of the aynagogue to litigation in open court on an unspecified date.
The dispute in progress between Selkowitz and Grill was provoked at the December, 1933, election of the synagogue at which the secretary refused to surrender the books on the ground that grill and other officers are indebted to the treasury for a sum totaling $3,450, and thereby are no longer empowered to act as officers. Grill promptly declared the secretary’s office vacant and appointed another secretary.
In an affidavit submitted to Justice Miller, Selkowitz said that he is secretary of the synagogue, which also bears the name Congregation Czenstochauer Chasam Sopher. He claimed to be the “sole and chief officer of the congregastion” and announced his intention of transacting the business and calling meetings in accordance with the instructions of the court. selkowitz says in the affidavit that Milton Solomon, elected secretary at a special meeting of the board Februar 3, is holding office illegally and that the whole slate, headed by Grill, is acting ex officio.
The officers named as defendants with Grill, included Solomon, Israac Heizler, Sam Goldberg and Harry Wilchinsky.
Countercharges were brought against Selkowitz by the Board before Magistrate Hulon Capshaw in the Essex Street Court Alleging he withheld the private account books of the congregation. The charges were dismissed. A second summons was served and is on the calendar for April 6.
Samuel Lovett, counsel for Selkowitz, with offices at 545 Fifth avenue, had asked the Supreme Court under section twenty-five of the General Corporations law to decide who is legally the secretary of the Synagogue. Supreme Court Justice Richard P. Lydon Signed an order asking Grill to show Cause why he should not consider himself ex officio because of his indebtedness to the treasury.
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