Rabbonim,
This is the open letter I published July 20, a mere five months ago, urging Mordecai to settle this issue with the RCA. Please read it very carefully. I will direct a new letter to you at the end of the July letter to Mordecai.
(I urge readers to go back to July 20, click on the comments, and see how wrong you were for blasting me. I'm talking particularly to a few "bigshot" bloggers who have as much brains as the amoeba and apes they came from).
Wednesday, July 20, 2005
An Open Letter To Mordecai Tendler I have no idea whether you are guilty or innocent of the many charges against you.
I do assume innocence,although the latest developments with the RCA causes me to pause.
I do not have a horse in this race.
I do not have a kugel in this oven.
I do not have a black hat on this head.
So for starters you need to know I hope you are innocent.
I did not say I hope you are" found "innocent,because the only thing you can be" found" is guilty.
You know what the score is. Either you are guilty or innocent,there is no gray area.
I do know what this fight with the RCA represents, and that makes me a nogaih b'dovor, because whatever the outcome of this matter, all streams of Orthodox Jewry will be affected.
Trying to avoid the well known cliche, I have come up with my own.
WHERE THERE IS CHOLENT,THERE IS HEARTBURN!
The above is a general rule that I learned throughout my own trials and tribulations that life offers. I sense that there is something here that does not quite meet the proverbial eye.
You have waited way too long to come out swinging. These rumors have been swirling around for years.
Why pick a fight with an adversary that you can not beat? You can NOT beat them!
They will destroy whatever is left of your reputation.
I am not saying you should not be defending yourself, but this Israeli bais din gimmick sounds and feels like camouflage and subterfuge.I know Rabbi Shmuel Fried extremely well. He is the toain or attorney for the RCA.
A few things you must know about this guy.
HE IS THE SMARTEST AND SHREWDEST TOAIN ALIVE TODAY.
We speak often on business issues, especially when it comes to real estate.
He is unbeatable when his client is right, and never takes a case unless he is sure they are.
HE WOULD NOT HAVE TAKEN ON THIS INTERCONTINENTAL BATTLE UNLESS HE IS ABSOLUTELY CERTAIN THAT HE CAN WIN!I know of your Toain Mittleman,he is out of his league.
Mordecai Tendler,
You are getting very bad advice.
Your ego will destroy you and your family.
This is my advice to you.
Give it up!
Have your respective representatives meet in private.
Let both sides come up with a pareve statement that is ambiguous.
Fried is a big mentsch,he will encourage a respectable settlement.
Mordecai,
You are in way over your head.
Your father and all your uncles will not be able to help you.
Fried will absolutely crush you!
SETTLE,SETTLE,SETTLE!
You are still the rabbi of your shul, if you proceed with this nonsense you will lose your job.
You will join Moshe Londinski from Seattle in no man's land.
I hope you don't one day have to look at this blog, wishing that you should have listened to this anonymous blogger.
The problem is people do not listen to free advice, so send a check in my name to your local Tomchei Shabbos.
GIVE IT UP!
SAVE YOUR FAMILY FROM MORE GRIEF!SETTLE BEFORE YOUR LIFE WILL BECOME UNBEARABLE.posted by Un-Orthodox Jew | 12:05 AM | 36 comments
Rabbi Moshe Tendler And Rabbi Dovid Feinstein,
You are both New York boys, so no need for warm and fuzzy language.
You messed up big-time.
Instead of sitting down with Shmuel Fried and settling this matter, you let Mordecai and your egos get in the way of reality.
I warned Mordecai that Fried was going to CRUSH him. The legal action brought by Ms. Marmelstein has Fried's fingerprints all over it. He destroyed your son without himself or the RCA going to court.
Who do you think is behind this lawsuit. Who's idea was this and who encouraged her to proceed like this out of the blue??? Who do you think is advising her?
SHMUEL FRIED!!!!
You gotta be crazy to fight with Fried. He's doing this thirty some odd years and is a genius. Your family and all the good that it once represented will be turned into fertilizer.
And Fried has just begun, He will hit you from every direction imaginable.
He will pull witnesses out of his shtreimel that you never knew existed.
Mordecai will be facing criminal charges as well by the time Fried gets done with him. He has more tactics and strategies than Shlomo Hamelech had wives and concubines.
Proceed at the peril of "you" being accomplices in destroying your own family.
Sit down with Fried and settle, he can help you with the Marmelstein lawsuit, and pull the plug on his other tactics that will hit you in the head.
Pay no attention to Mordecai, he lost it years ago and needs serious help. You should force him to resign his job at KNH before he destroys that kehilla and whatever is left of your family's reputation.
Mordecai is lying to you; SETTLE WITH FRIED, SETTLE WITH THE RCA, SETTLE WITH MARMELSTEIN, GET THIS BEHIND YOU BEFORE THIS KILLS THE BOTH OF YOU.
I'm publising the Marmelstein lawsuit for shock value only. Perhaps Mordecai hid it from you. Read it carefully, PEOPLE DO NOT MAKE THIS STUFF UP. There is more coming, it will be relentless. SETTLE, SETTLE, SETTLE.
I wish you well,
UOJ
Case Against Rabbi Mordecai Tendler - Supreme Court of the State of New York County of New York
Supreme Court of the State of New York County of New York
Filed: December 20, 2005
Index No: 05117629
Plaintiff designates New York County as the place of trial
Summons
The basis of venue is plaintiff's residence
Plaintiff resides at:
(Address removed)
County of New York
Survivors Adina Marmelstein, Plaintiff,
-against-
Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, and
Mordecai Tendler, Defendant
To the above named Defendants:
You are hearby summoned to answer the compliant in this action and to serve a copy of our answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service for within 30 days after the service is complete in this summons is not personally delivered to you within the State of New York); and in case of failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
December 20, 2005
Yours, etc., Kramer and Dunleavy, LLP
Attorneys for Plaintiff
Lenore Kramer, Esq.
A Member of the Firm
350 Braodway, Suite 1100
New York, New York 10013
(212) 226-6662
Defendants Addresses:
Kehillat New Hempstead: The Rav Aron Jofen
720 Union Road
New Hempstead, New York 10977
Mordecai Tendler
653 Union Road
Spring Valley, New York 10977
________________________
Page 2
Supreme Court of the State of New York County of New York
Verified Complaint
Filed December 20, 2005
Index No: 05117629
Survivors Name Adina Marmelstein, Plaintiff,
-against-
Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, and
Mordecai Tendler, Defendants.
Plaintiff, by her attorneys, KRAMMER & DUNLEAVY, LLP., complaining of the defendants, respectfully alleges, upon information and belief, as follows:
1. That at all times hereinafter mentioned, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE, was and still is a domestic not-for-profit corporation duly organized and existing pursuant to the Religious Corporation Law of the State of New York.
2. That at all times hereinafter mentioned, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE held itself open to members of the public as a place of worship, guidance and sanctuary.
3. Defendant MORDECAI TENDLER was and still is the founder and leader of defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE.
_________________
Page 3
4. Upon information and belief, defendant MORDECAI TENDLER was and still is an employee of defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE.
5. At all relevant times, defendant MORDECAI TENDLER had a reputation as a scholar, educator and community leader within the Orthodox community.
6. At all relevant times, defendant MORDECAI TENDLER held himself out to the public and to the plaintiff as a counselor and advisor with an expertise in women's issues.
7. That the plaintiff (SURVIVORS NAME REMOVED) first became acquainted with defendant MORDECAI TENDLER and his work on behalf of women in 1994.
8. That beginning in 1994, plaintiff (NAME REMOVED) consulted by telephone with the defendant MORDECAI TENDLER on various personal issues.
9. That beginning in 1995, defendant MORDECAI TENDLER began to actively recruit plaintiff (NAME REMOVED) to join his congregation at defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE.
10. That in September, 1996, plaintiff (NAME REMOVED) began attending services at defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE.
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Page 4
11. At all relevant times, defendant MORDECAI TENDLER took on the role of counselor and advisor to plaintiff (NAME REMOVED) and did counsel and advise her with respect to her personal, legal and financial problems.
12. At all relevant times, a relationship of confidence and trust existed between the plaintiff (NAME REMOVED) and the defendant MORDECAI TENDLER.
13. At all relevant times, defendant MORDECAI TENDLER represented to plaintiff (NAME REMOVED) that she was his "favorite" and his "closest."
14. At all relevant times, defendant MORDECAI TENDLER represented to plaintiff (NAME REMOVED) that he would "be there" for all of her needs.
15. At all relevant times, defendant MORDECAI TENDLER represented to the plaintiff (NAME REMOVED) that he would assist her in finding a prospective husband so that she would be able to marry and have children, as she wished.
16. At all relevant times, defendant MORDECAI TENDLER represented himself as an advisor, a father figure and a god to plaintiff (NAME REMOVED).
17. Beginning in November, 2001, defendant MORDECAI TENDLER began a sexual relationship with plaintiff (NAMED REMOVED).
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Page 5
18. That from November 2001 through May, 2005, defendant MORDECAI TENDLER had an ongoing sexual relationship with plaintiff (NAME REMOVED).
19. That prior to and throughout the duration of the aforsaid sexual relationship, defendant MORDECAI TENDLER advised plaintiff (NAME REMOVED)
that she was "close to the possiblity of finding a husband" and that she would never find a husband in her current state.
20. That prior to and throughout the duration of the aforesaid sexual relationship, defendant MORDECAI TENDLER advised plaintiff (NAME REMOVED) to permit him to have sexual intercourse with her so that her "life would open up and men would come" to her.
21. That prior to and throughout the duration of the afordsaid sexual relationship, defendant MORDECAI TENDLER advised plaintiff (NAME REMOVED) that "Everything was closed" to her and that she should let him "open up her to the world."
22. At all relevant times, defendant "MORDECAI TENDLER advised plaintiff (NAME REMOVED) that, if she had sexual intercourse with him, "doors would open," she would be "open up to meeting men" and she "would get married and have children."
23. That from November 2001 through May, 2005, defendant MORDECAI TENDLER had sexual relations with plaintiff (NAME REMOVED) at
________________
Page 6
various locations, including in his rabbinical study at defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE.
24. At all relevant times, defendant MORDECAI TENDLER told plaintiff (NAME REMOVED) that he "was as close to God as anyone could get."
25. At all relevant times, defendant MORDECAI TENDLER told plaintiff (NAME REMOVED) that he "talks to God all the time."
26. At all relevant times, defendant "MORDECAI TENDLER told plaintiff (NAME REMOVED) that he "was the Messiah."
27. That plaintiff (NAME REMOVED) was induced to engage in this physical relationship with defendant MORDECAI TENDLER as part of a course of sexual therapy which he represented would lead to her achieving her goals of marriage and children.
28. At all relevant times, defendant (MORDECAI TENDLER warned plaintiff (NAME REMOVED) that, if she told anyone about the sexual therapy, he "would have her placed in a straight jacket," "have her put in the penitentiary" and/or "have her thrown in jail."
29. At all relevant times, defendant "MORDECAI TENDLER warned plaintiff (NAME REMOVED) that, if she told anyone about the sexual therapy, he "would have her banned from the shul (synagogue)" and "would turn the community against her."
________________
Page 7
30. At all relevant times, defendant MORDECAI TENDLER advised plaintiff (NAME REMOVED) that engaging in sexual relations with him, was her "only hope" to open her up to become receptive to men.
31. At all relevant times, plaintiff (NAME REMOVED) believed the words, advice and threats of defendant MORDECAI TENDLER.
32. That once plaintiff (NAME REMOVED) submitted to his course of sexual therapy, rather than assisting her to reach her goals of marriage and children, defendant MORDECAI TENDLER physically and emotionally abused plaintiff for his own sexual pleasure and gratification.
AS AND FOR A FIRST CAUSE OF ACTION FOR FRAUD
33. Plaintiff repeats and reiterates each and every allegation contained in paragraphs 1 though 32 inclusive, with the same force and effect as in specifically set forth herein at length.
34. That the aforesaid representations made by defendant MORDECAI TENDLER to plaintiff (NAME REMOVED) were false and reckless.
35. That at the time he made the aforesaid representations, defendant MORDECAI TENDLER knew them to be false and reckless.
36. That defendant MORDECAI TENDLER made the aforesaid representations with the express intent to deceive plaintiff (NAME REMOVED) and induce her into a sexual relationship with him.
________________
Page 8
37. That in knowingly making the aforesaid false and reckless representations to plaintiff (NAME REMOVED), defendant MORDECAI TENDLER took unfair advantage of his position as her counselor and advisor.
38. Plaintiff (NAME REMOVED) relied on the false and reckless misrepresentation of defendant MORDECAI TENDLER and engaged in sexual relations with him.
39. That had plaintiff (NAME REMOVED) known that the course of sexual therapy advised by defendant MORDECAI TENDLER was solely for his personal pleasure and gratification, she would not have engaged in sexual relations with him.
40. That as a result of the foregoing, plaintiff (NAME REMOVED) was physically violated, had her reputation impugned, was ostracized from her synagogue and has lost her standing in the community.
41. That as a result of the foregoing, plaintiff (NAME REMOVED) has been injured and damaged in a sum which exceeds the jurisdictional limitations of all the lower Courts that would otherwise have jurisdiction over this action.
AS AND FOR THE SECOND CAUSE OF ACTION FOR BREACH OF FIDUCIARY DUTY
42. Plaintiff repeats and reiterates each and every allegation contained in paragraphs 1 through 41 inclusive, with the same force wand effect as if specifically set forth herein at length.
________________
Page 9
43. At all relevant times, defendant MORDECAI TENDLER occupied a position as fiduciary to the plaintiff (NAME REMOVED) as her counselor, advisor and therapist and owed her a relationship of trust and confidence.
44. That as a result of the foregoing, defendant MORDECAI TENDLER breached his fiduciary duty to plaintiff (NAME REMOVED).
45. That as a result of the foregoing, plaintiff (NAME REMOVED) was physically violated, had her reputation impugned, was ostracized from her synagogue and lost her standing in the community.
46. That as a result of the foregoing, plaintiff (NAME REMOVED) was caused to and has suffered and sustained severe and serious personal injuries, severe and serious conscious pain and suffering, severe and serious mental distress and anguish and attendant economic losses.
47. That as a result of the foregoing, plaintiff (NAME REMOVED) has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts that would other wise have jurisdiction over this action.
AS AND FOR THE THIRD CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
48. Plaintiff repeats and reiterates each and every allegation contained in paragraph 1 through 47 inclusive, with the same force and effect as if specifically set forth herein at length.
________________
Page 10
49. Defendant MORDECAI TENDLER encouraged his congregates at defendant KEHILLAT NEW HEMPSTEAD: RAV ARON JOFEN COMMUNITY SYNAGOGUE, to harass, threaten and intimidate plaintiff (NAME REMOVED).
50. The congregates at defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE did harass, threaten and intimidate plaintiff (NAME REMOVED).
51. Defendant MORDECAI TENDLER engaged in a concerted scheme to embarrass, humiliate and diminish plaintiff (NAME REMOVED) in the orthodox community so as to injure her reputation and destroy her credibility.
52. Defendant MORDECAI TENDLER knew, or should have known, that his actions towards plaintiff (NAME REMOVED) in falsely inducing her into a sexual relationship, in physically violating and abusing her, in causing her to be harassed, threatened, intimidated and ostracized from the community and in intentionally injuring her reputation and standing in the community would result in serious emotional distress, pain and suffering to her.
53. In doing the actions hereinabove alleged, defendant MORDECAI TENDLER acted with willful, wanton, reckless, intentional and deliberate disregard for the likelihood that plaintiff would suffer severe emotional distress, pain and suffering as a direct and proximate result of his actions.
________________
Page 11
54. The aforementioned wrongful conduct of defendant MORDECAI TENDLER was extreme and outrageous and went beyond all bounds of civility and decency.
55. That as a result of the foregoing, plaintiff (NAME REMOVED) was caused to suffer severe mental and emotional distress, pain and suffering.
56. That as a result of the foregoing, plaintiff (NAME REMOVED) has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts that would otherwise have jurisdiction over this action.
AS AND FOR A FOURTH CAUSE OF ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
57. Plaintiff repeats and reiterate each and every allegation contained in paragraphs 1 through 56 inclusive, with the same force and effect as if specifically set forth herein at length.
58. At all relevant times, defendant MORDECAI TENDLER was aware that plaintiff (NAME REMOVED) trusted him, relied on him and placed her confidence in him.
58. At all relevant times, defendant MORDECAI TENDLER knew or should have known that his actions would cause her severe mental and emotional distress, pain and suffering.
________________
Page 12
59. That as a result of defendant's actions, plaintiff (NAME REMOVED) was caused to suffer severe mental and emotional distress, pain and suffering.
60. That as a result of the foregoing, plaintiff (NAME REMOVED) has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts that would otherwise have jurisdiction over this action.
AS AND FOR A FIFTH CAUSE OF ACTION FOR NEGLIGENT RETENTION
61. Plaintiff repeats and reiterates each and every allegation contained in paragraphs 1 through 60 inclusive, with the same force and effect as if specifically set forth herein at length.
62. At all relevant times, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE was aware of the aforesaid conduct and actions of defendant MORDECAI TENDLER.
63. At all relevant times, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE knew or should have known of propensity of defendant MORDECAI TENDLER for the aforesaid conduct.
64. At all relevant times, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE knew or should
________________
Page 13
have known that defendant MORDECAI TENDLER used his rabbinical study at the synagogue to conduct his sexual therapy sessions with congregation members.
65. At all relevant times, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE knew of facts that would lead a predent party to investigate the use by defendant MORDECAI TENDLER of his rabbinical study at the synagogue.
66. At all relevant times, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE had notice of prior allegations of inappropriate sexual conduct by defendant MORDECAI TENDLER.
67. That in spite of the aforesaid notice of prior allegations of inappropriate sexual conduct by defendant MORDECAI TENDLER, defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE took no steps to warn or protect plaintiff and other female congregants, to adequately supervise defendant, to remove defendant from his position of authority or to make an appropriate investigation.
68. That defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE, was grossly negligent as follows: in failing to properly and adequately supervise the activities of defendant MORDECAI TENDLER; in failing to use reasonable care to correct the conduct of defendant MORDECAI TENDLER; in failing to remove defendant MORDECAI TENDLER was an employee; in failing to conduct an adequate and appropriate investigation; in
________________
Page 14
failing to warn congregants of in failing to take the steps necessary to have prevented the fraud and assault on plaintiff; and, in further failing to exercise that degree of due care as a reasonable party under the same or similar circumstances.
69. That as a result of the foregoing, plaintiff (NAME REMOVED) was physically violated, had her reputation impugned, was ostracized from her synagogue and lost her standing in the community.
70. That as a result of the foregoing, plaintiff (NAME REMOVED) was caused to and has suffered and sustained severe and serious personal injuries, severe and serious conscious pain and suffering, severe and serious mental distress and anguish and attendant economic losses.
71. That as a result of the foregoing, plaintiff (NAME REMOVED) is entitled to recover punitive damages from and against defendant KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE.
72. That as a result of the foregoing, plaintiff (NAME REMOVED) has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts that would otherwise have jurisdiction over this action.
WHEREFORE, plaintiff demands judgment against defendants KEHILLAT NEW HEMPSTEAD: THE RAV ARON JOFEN COMMUNITY SYNAGOGUE and MORDECAI TENDLER for both compensatory and punitive damages in the sum which exceeds the jurisdictional limitations of all lower Courts that would.
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otherwise have jurisdiction over this action and is within the jurisdiction of this Court
Dated: New York, New York
December 20, 2005
Yours, etc.,
KRAMER & DUNLEAVY, L.L.P.
By Lenore Kramer
A Member of the Firm
Attorneys for Plaintiff
Office and Post Office Address
350 Broadway - Suite 1100
New York, New York 10013
(212) 226-6662
________________
Page 16
VERIFICATION
STATE OF NEW YORK )
:ss
COUNTY OF NEW YORK)
I, the undersigned, an attorney admitted to practice in the Courts of New York State, state that I am a member of the firm of KRAMER & DUNLEAVY, L.L.P. attorneys for the plaintiff in the within action; I have read the foregoing verified complain and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by plaintiff, is because the plaintiff is not now within the County where deponent maintains her offices.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Conversations with plaintiff and a review of the file maintained at my office on this matter.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
December 20, 2005
Lenore Kramer