Doobin v. Kelly
5 Misc. 2d 123, 86 N.Y.S.2d 555, 1948 N.Y. Misc. LEXIS 2015
Appellate Terms of the Supreme Court of New York·Decided December 16, 1948·Published·Cited by 2 cases
Opinion
Plaintiff could only recover in accordance with the defendant’s constitution and by-laws. The charge did not submit adequately the only issue open under the by-laws — that of the good faith of the determination against the plaintiff’s claim.
The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.
Hammer, Hofstadter and Pécora, JJ., concur.
Judgment reversed, etc.
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Doobin v. Kelly, 5 Misc. 2d 123, 86 N.Y.S.2d 555, 1948 N.Y. Misc. LEXIS 2015 (N.Y. Ct. App. 1948).
5 Misc. 2d 123 (Doobin v. Kelly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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