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Benjamin Cabinet v. Shapiro

Decided: January 23, 1952.

BENJAMIN CABINET, ET UX., PLAINTIFFS,
v.
RABBI MOSHEH SHAPIRO, ET ALS., DEFENDANTS



On motion to dismiss complaint and for summary judgment.

Woods, J.s.c.

Woods

The attorneys for the defendants have moved to dismiss the complaint filed in this cause and for summary judgment in favor of the defendants who have been served with process in this cause, on the grounds that:

1. The allegations of said complaint are sham and frivolous.

2. The allegations of said complaint do not set forth a legal cause of action.

3. The court should not assume jurisdiction in that the questions involved are those of a religious nature and should be decided by the ecclesiastical court of that religion.

In the complaint the plaintiffs allege that they were the proprietors of a certain business conducted under the name of Ben's Poultry Market in the City of Atlantic City and were engaged in the selling of kosher poultry, that is, in the selling of poultry which was in every respect prepared, slaughtered and dressed in conformity with the requirements

of Hebrew law and which was in every respect pure, clean and wholesome and fit for human consumption, and that they advertised this fact by displaying the word "Kosher" on the front of their store. They further assert that most of their customers were members of the Hebrew religion, and as such were persons who complied with and obeyed the aforesaid requirements of Hebrew law, and who would not consume or purchase poultry or other food which was " treifa " or which was not, in every respect "kosher." The plaintiffs further allege that on June 27, 1951, the defendants, jointly and severally prepared and distributed or caused to be prepared and distributed in and about the City of Atlantic City and on and about the premises of the plaintiffs certain handbills or circulars, printed in Hebrew and English, which said handbills or circulars read as follows:

"BE CAUTIOUS . . .

KEEP YOUR HOME KOSHER

THE CHICKENS SOLD AT

BEN'S POULTRY ...


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