Update on Bayside Cemetery Litigation - Feb 5 2011
Dear Bayside Cemetery Litigation Friends and Supporters:
I just wanted to write you a brief email to update you on an important development in the efforts to get the situation at Bayside Cemetery remedied. There has also been some interesting press coverage for you to read about.
On January 13, 2011 an additional class action lawsuit was filed by a gentleman named Steven Leventhal who, in 1985, had personally purchased a Perpetual Care contract for family graves at Bayside Cemetery from Congregation Shaare Zedek. Similar to my lawsuit, this lawsuit names Congregation Shaare Zedek, Bayside Cemetery, and the Community Association for Jewish At-Risk Cemeteries, Inc (CAJAC) as co-defendants. This new lawsuit can be read by Clicking Here. Other subsequent documents filed with the court after this lawsuit was filed can be reviewed by Clicking Here.
With this new “Leventhal” lawsuit and the original “Lucker” lawsuit, the defendants are faced with a diversity of plaintiffs and circumstances where Perpetual Care contracts were purchased. Law and precedent strongly support all of the circumstances for these suits’ Perpetual Care contracts and the standing of all plaintiffs. As a result, it is inconceivable to me how the defendants can avoid doing the right thing for Bayside Cemetery and ensure that the cemetery is remediated, enhanced, funded and professionally managed in perpetuity as the purchasers of Perpetual Care contracted for.
You can also read through two recent articles about Bayside Cemetery by clicking here: Article 1 and Article 2.
As always I will keep you informed of ongoing developments in the Bayside Cemetery matter.
Feel free to email me for more information or for questions or comments.
Respectfully,
John Lucker
Plaintiff
Lucker et al vs. Congregation Shaare Zedek, Bayside Cemetery, and Community Association for Jewish At-Risk Cemeteries

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