Tuesday, September 04, 2007

Shomer Shabbos Shul in Boro-Park may face multi-million dollar lawsuit by molest victims

According to sources that spend substantial time in the Shomer Shabbos minyan factory Shul in Boro-Park, Yechiel Brauner is still touching kids in places where nobody should. According to the sources, which are keeping a close eye on convicted child molester Yechiel Brauner, who frequents the Shul, the molesetr's routine works like this; he enters the Shul when it is very busy. He then walks around until he has found himself a comfortable spot at a crowded doorway or thoroughway. He then proceeds to stand there with his arm extended downward, all the while feeling-up unsuspecting children as they pass by.

Why he is still allowed into Shomer Shabbos, or any Shul for that matter, being that he is a known convicted sex offender is beyond comprehension. The excuse that he has been rehabilitated is obviously defunct by now, because he is still molesting children every single day.

According to an expert lawyer that we consulted with in the matter, Congregation Shomer Shabbos is placing themself in the position of possibly facing a multi-million dollar lawsuit in the event that a molestee, or multiple molestees, should file suit. All parties involved in the Shul have been informed numerous times as to the situation with Brauner and have not done anything to protect their congregants or to bar him from entering the Shul, thus making the Shul and its leaders equally responsible for his actions.

Remember when someone, or many someones, decide to prosecute and sue, there may not be a Shomer Shabbos Shul left afterwards.

Despite, your alleged consultations with an EXPERT attorney on the matter, as an attorney, i submit that Congregation Shomer Shabbos will not be a party in any lawsuit against the alleged child molester. The law in NY is clear on this matter, and based on the facts now available, without more, the Congregation did not and does not assume a duty to potential victims of an alleged child molester.


Thank you chaptzem for bringing this to my attention. I always saw him there in shomer shabbos especially during the busiest hours like you said. You have confirmed what I long suspected he was up to.


The first post by a supposed attornet is full of hogwash and lies. If one cannot sue for damages incurred during ones being on said premises how the hell are properties and proprietors sued a dozen a day for injuries that happen while others are on thier property? Lawyers like you claim you are, would be out of business (a good thing) if one cannot be sued for failing to secure locations which lead to ones injury. Don't claim you know any laws if your clueless. Me thinks you are his family or friend that keeps popping up every time Brauner makes the news. Your style is clearly recognizable.
Leizerowit's defenders tried such twisted logic and what happened at the end? He hightailed his ass out of the US to join the other gerrer molesters in yerushalayim.


I think that whenever he touches someone inappropriately, the police should be called until, he is either arrested or run out of town.


I can't believe anyone whose son got molested by Brauner wouldn't knock his eyeballs out. Forget lawsuits. Boro Parkers aren't that easygoing when it comes to matters like this!


The hundreds of lawsuits that are brought against property owners, are a result of injuries sustained on the property due to faults at the property, not by others on the property.

If your logic was correct, then NYC would be sued every time someone is a victim of a crime, because it happened on NYC property?? If you are mugged in the park, do you sue the Parks Dept?

Shomer Shabbos is not an employee, and being a synagogue, it is open to the public. Someone entering has no reason to expect that he is safe, and therefore the shul is absolutely not liable.

If the shul employed him, or if the shul allowed parents to drop off children there, they would set the stage for liability, but as it stands now, they are absolutely not liable.


Can someone please do a favor to the rest of the world and castrate him?


it is wrong for a supposedly frum blog to instigate action against a shul. No need for concern though. As a lawyer, I am positive that there is no legal basis backing a lawsuit against an institution that does not block a SO called dangerous person from entering, when the state has not issued any order. Comment #3 is coming from a quack, wannabe "attornet".


Not so fast. Comment #3 is right since the alleged molester is a regular participant with a shiur there and it is common knowledge that he is a persistant offender on site. It is arguably similar to improper lighting in a public parking garage where someone is mugged.


He should be shunned and put into cheirem. Everyone should be warned to stay far away from him.


Will this affect the food situation? As the only religious one in my family, I need a place to chap kosher food.


It's great to see so many religious jews condone, promote, sympathize and cheer for homosexuality.

The number of people here who support the offender is surprising. I think you guys should go to the gay pride parade. You certainly help these feels with their pride! good job!


Dear Alleged Lawyer:

In the first post of this thread, you decided to unilaterally dismiss even the possibility of a claim against the congregation.

Wow! To keep within the Jewish framework of this website, do you think you're Cardozo or Brandeis?

You might recall, if indeed you are a lawyer, the New York Court of Appeals decision in Basso v. Miller, 40 N.Y.2d 233, 352 N.E.2d 868, 386 N.Y.S.2d 564 (1976) in which it was held that the sole standard in determining negligence would be foreseeability.

In this case, once the synagogue has scienter, i.e. knowledge, of a dangerous condition and does nothing, they DEFINITELY can be held liable.

Let me ask you bluntly: why in the world would you post such blatant naarishkeit? Do you want the shul to do nothing? Are you in favor of allowing a potential crime to happen?

If Shomer Shabbos were my client, I would advise them to stay safe and abate all hazardous conditions and people from their premises.

Are you sure you're a lawyer?


Rabosai, This man is on probation. All you need to do is video tape him touching kids and then submit the video to the DA. He stands to get about 5-7 years.


Dear Friends,

Some interesting comments here, particularly from some people claiming to be lawyers, who aren't. I'm a real lawyer, and based on writing style and content, there are some fakers here.

A child molested by Brauner at Cong. Shomer Shabbos has a potential civil claim for what the law calls "negligent security". If the child and his lawyer can prove that the synagogue had actual and/or dangerous notice of Brauner's dangerous propensities, and took no action to bar him from their premises, the child can win the case, and recover money damages for his pain and suffering, and medical expenses.

What is actual and/or constructive notice? Actual notice is defined as follows: that the synagogue actually knew that the convicted sex offender Brauner was spending time on its premises, and sexually assaulting children there.

Constructive notice means: that the synagogue should have known that Brauner was a dangerous individual frequenting their premises, e.g., that synagogue officials observed some type of aberrant, strange behavior on his part, falling short of actual sex abuse, and still failed to make further inquiries, or take some type of action, withn a reasonable amount of time.


Rabbi Yisroel Belsky insists that Yechiel Brauner and YidiKolko are a both hundred percent innocent and that the olam should not cease to victimize them.


Attention "Anonymous" of September 10, 2007 10:38 PM:

You state, "Some interesting comments here, particularly from some people claiming to be lawyers, who aren't. I'm a real lawyer, and based on writing style and content, there are some fakers here."

I was the one who wrote the comment on September 07, 2007 3:31 AM.

You essentially reiterated what I said. So, as many lawyers are fond of saying, "put up or shut up."

Did you every hear of the expression "courtesy among members of the bar?" In this case, let's just call it menhclichkeit.

If you think I'm not an attorney, sign your name to your post and then I'll sign mine and we can both check the OCA directory.


"An experienced attorney in NY" should never preclude anybody being a party to any lawsuit (as long as the lawyers are making money, they'll sue anybody). The issue, of course, is if the lawsuit could be successful. I submit that it could, for the reasons discussed above: If she shul had constructive knowledge of his presence, and the danger he posed, then there could be a negligence action.

I don't know how New York deals with this issue, but generally of there is wrongdoing on the part of another (the amolester bahema) that is a but-for actual and proximate cause (if Reuven had not done X, then this would never have happened) defeats a negigence action against of a third party (Shomer Shabbos). The problem here is that the wrongdoing is entirely foreseeable, and in-fact is the subject of the negligence action: Shomer Shabbos should have seen it coming.

The final question (and, this is not a question most courts will ask): What should Shomer Shabbos have done differently? Do the alleged victims want Shomer Shabbos to hire security? At what cost?

I submit that the issue is not simple, and the Shomer Shabbos should be on guard.


To whom it may concern: Basso v. Miller only applies to a case when an invitee or trespasser gets injured by an OBJECT on the landowner's property (negligence lawsuit). This ruling does not include human beings (and many objects are excluded from this ruling as well). The landowner is not held responsible for any adult on his property who damages another party. Congregation Shomer Shabbos has nothing to fear.As long as NY State did not issue any order, a lawsuit will get dismissed.




He's not gay, he's a pedeophile, a bottom feeder on the food chain. He should be slung out of the community on his rear. Let the poster who feels so sorry for him take him in & introduce him to HIS kids.


It is just unbelievable that there are those who actually defend this man!!I attribute it to sheer ignorance.Pedophiles are repeat offenders and since I work in the mental health field, i suggest you do your own research.Secondly just because someone has a "nice family" has nothing to do with his behavior.I am fearful of what his own children and grandchildren might have experienced.Isn't it a sin that you all ("frum") people continue to enable this sick behavior??What are you thinking?


My grandparents were one of the original founders of this shul-this is an embarrassment for all Judaism in general and Orthodoxy as well.
Fodder for all anti-semites here how stupid the shul looks-a righteous house supposedly of God?
We're the laughing stock like we need to be-yea right.
Keeping members like these in a house of worship is a total mockery of what Jewish law stands for in all ways.
Have we as Jews no matter how religious or non-religious we are -lost our minds plus this looks horrible!
I'll be anonymous because I honor my heritage very heavily plus the founding family that is my Grandparents of this famous shul that was once originally founded in intregity and truth that's the Shomer Shabbos name and now's blackened forever.
I'm so very much ashamed.


I don't live in NYC, so I can't do anything about this, but for all those passionately talking about what should be done, I have one piece of advice. Get a small video camera from any one of the many "spy shops" in NYC (or online, Amazon has many) video tape him doing his horrific and terrible acts, bring it to the NYPD, and get this atrocity to stop. If it was happening in my backyard, that's what I would do.


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