D'Amore v. American Legion

New York Supreme Court

D'Amore v. American Legion

27 Misc. 2d 937, 214 N.Y.S.2d 70, 1961 N.Y. Misc. LEXIS 3101

CourtNew York Supreme Court

DecidedApril 10, 1961

StatusPublished

Cited by1 cases

This text of 27 Misc. 2d 937 (D'Amore v. American Legion) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D'Amore v. American Legion, 27 Misc. 2d 937, 214 N.Y.S.2d 70, 1961 N.Y. Misc. LEXIS 3101 (N.Y. Super. Ct. 1961).

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Opinion

Walter R. Hart, J.

Defendant, the American Legion, moves for summary judgment dismissing the complaint. Plaintiff has brought this action to recover damages for injuries received while attending a dance conducted under the auspices of defendant, Amity Post No. 791 of the American Legion.

The American Legion is a corporation organized under an Act of Congress (U. S. Code, tit. 36, §§ 41-51). It is an independent entity separate and distinct from local chapters and posts which receive their charters from State or territorial departments. A chapter or post is deemed to be “a corporate entity for the purpose of making contracts, incurring liabilities, and acquiring rights, and of suing and being sued in the courts of this state in its own name ” (Benevolent Orders Law, § 3-a).

Defendant, Amity Post No. 791, received its charter on March 28,1931. The said charter was in force at the time of the occurrence here involved. Absent any showing that the American Legion participated in or had any connection with the function at which plaintiff was injured, it is not answerable for the acts or omissions, if any, of the local post. Motion of the American Legion is therefore granted.

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Walter R. Hart, J.

Defendant, the American Legion, moves for summary judgment dismissing the complaint. Plaintiff has brought this action to recover damages for injuries received while attending a dance conducted under the auspices of defendant, Amity Post No. 791 of the American Legion.

The American Legion is a corporation organized under an Act of Congress (U. S. Code, tit. 36, §§ 41-51). It is an independent entity separate and distinct from local chapters and posts which receive their charters from State or territorial departments. A chapter or post is deemed to be “a corporate entity for the purpose of making contracts, incurring liabilities, and acquiring rights, and of suing and being sued in the courts of this state in its own name ” (Benevolent Orders Law, § 3-a).

Defendant, Amity Post No. 791, received its charter on March 28,1931. The said charter was in force at the time of the occurrence here involved. Absent any showing that the American Legion participated in or had any connection with the function at which plaintiff was injured, it is not answerable for the acts or omissions, if any, of the local post. Motion of the American Legion is therefore granted.

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Bluebook (online)

27 Misc. 2d 937, 214 N.Y.S.2d 70, 1961 N.Y. Misc. LEXIS 3101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damore-v-american-legion-nysupct-1961.

Opinion

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