Fitz v. Dullzell

Appellate Division of the Supreme Court of New York

Fitz v. Dullzell

276 A.D.2d 997

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1950

StatusPublished

This text of 276 A.D.2d 997 (Fitz v. Dullzell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitz v. Dullzell, 276 A.D.2d 997 (N.Y. Ct. App. 1950).

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Opinion

Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ.; Cohn, J., dissents and votes to grant the motion to dismiss the second amended complaint herein as to the ten named plaintiffs with leave to serve a third amended complaint in the following memorandum: The only reasonable interpretation of the allegations of the second amended complaint is that the ten plaintiffs named in paragraphs “ 2 ” and “ 3 ” thereof, except plaintiff William H. Cronin, are not members of the defendant American Guild of Variety Artists, an unincorporated association. So construed, the complaint fails to set forth a cause of action in behalf of any of said ten plaintiffs. Moreover, as none of those plaintiffs is a member of the association, nor is any one of them its president or treasurer, said plaintiffs cannot sue in the association’s behalf (General Associations Law, § 12).

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Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ.; Cohn, J., dissents and votes to grant the motion to dismiss the second amended complaint herein as to the ten named plaintiffs with leave to serve a third amended complaint in the following memorandum: The only reasonable interpretation of the allegations of the second amended complaint is that the ten plaintiffs named in paragraphs “ 2 ” and “ 3 ” thereof, except plaintiff William H. Cronin, are not members of the defendant American Guild of Variety Artists, an unincorporated association. So construed, the complaint fails to set forth a cause of action in behalf of any of said ten plaintiffs. Moreover, as none of those plaintiffs is a member of the association, nor is any one of them its president or treasurer, said plaintiffs cannot sue in the association’s behalf (General Associations Law, § 12).

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Bluebook (online)

276 A.D.2d 997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitz-v-dullzell-nyappdiv-1950.