The New York Supreme Court’s Appellate Division has denied a request by three individuals associated with the Gabboim of 770 Eastern Parkway for permission to pursue a further appeal in the long-running legal battle over control of the main shul at Lubavitch World Headquarters.

In a decision issued Friday, August 28, 2026, the Appellate Division, Second Judicial Department, denied a motion filed by Zalman Lipskier, Avrohom Holtzberg and Sholom Ber Kievman seeking leave to appeal a January 2024 ruling of the Appellate Term.

The four-judge panel, consisting of Justices Francesca E. Connolly, Linda Christopher, Helen Voutsinas and Laurence L. Love, issued a brief order stating simply that “the motion is denied.”

The decision is the latest development in litigation that has stretched for more than two decades over the premises at 770 Eastern Parkway and adjoining properties.

Agudas Chasidei Chabad of the United States and Merkos L’Inyonei Chinuch, the central organizations of the Chabad-Lubavitch movement, are the respective owners of 770 Eastern Parkway and 784-788 Eastern Parkway, which contain the shared main shul. Merkos also owns 302-304 Kingston Avenue, where an office used by the Gabboim has been part of the litigation.

On the opposing side are Congregation Lubavitch, Inc. (CLI), 770 Gabboim Zalman Lipskier and Avrohom Holtzberg, and former 770 shamash Sholom Ber Kievman.

As previously reported on COLlive, the dispute centers on control and possession of the main shul. The Gabboim and CLI have maintained that the shul belongs to the Crown Heights community and that the Gabboim are its legitimate managers and decision-makers, while Aguch and Merkos have sought to enforce their rights as the owners of the properties.

Following a nonjury trial, the New York City Civil Court ruled that Aguch and Merkos were entitled to judgments of possession. Final judgments were entered on January 6, 2022, and the Gabboim and CLI appealed.

In January 2024, the Appellate Term issued a lengthy decision that modified portions of those judgments. The court dismissed the possession claims against CLI relating to 770 and 784-788 on res judicata grounds, finding that CLI had already been ejected from those properties in earlier litigation. It also vacated judgments against two purported unincorporated associations on procedural grounds.

However, the court left the judgments of possession in place against Lipskier, Holtzberg and Kievman. It rejected their remaining arguments and concluded that they had not established rights to the properties greater than those of Aguch and Merkos. The judgment concerning the Gabboim office at 302-304 Kingston Avenue was also affirmed.

The Appellate Term specifically noted that the property litigation did not determine whether the Gabboim could continue serving in their religious positions in the shul, saying that question was not before the court.

Following the January 2024 decision, the appellants asked the Appellate Term to reargue the appeals or, alternatively, grant permission to appeal to the Appellate Division. That request was denied in June 2024.

Lipskier, Holtzberg and Kievman subsequently sought leave directly from the Appellate Division to appeal the January 2024 ruling.

Friday’s decision denies that request. The court provided no additional reasoning for its decision.