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Greenspan v. O'Rourke

265 N.E.2d 462, 27 N.Y.2d 846, 316 N.Y.S.2d 639, 1970 N.Y. LEXIS 998
CourtNew York Court of Appeals
DecidedNovember 12, 1970
StatusPublished
Cited by18 cases

This text of 265 N.E.2d 462 (Greenspan v. O'Rourke) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenspan v. O'Rourke, 265 N.E.2d 462, 27 N.Y.2d 846, 316 N.Y.S.2d 639, 1970 N.Y. LEXIS 998 (N.Y. 1970).

Opinion

Memorandum. The order of the Appellate Division should be affirmed, without costs. The failure of the petitioners to join parties necessary to the proceeding, to wit: three of the vice-chairmen elected at the July 13 organizational meeting, mandates a dismissal of the petition. Inasmuch as the rights of the respondents, who were challenged, are inextricably interwoven with the rights of the three successful candidates not joined, we cannot reach the issues presented. (See Matter of Ullman v. Power, 17 A D 2d 792, affd. 12 N Y 2d 724; Matter of Schwimmer [847]*847v. Power, 21 A D 2d 835; First Nat. Bank v. Shuler, 153 N. Y. 163, 170.)

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.

Order affirmed, without costs, in a memorandum.

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Bluebook (online)
265 N.E.2d 462, 27 N.Y.2d 846, 316 N.Y.S.2d 639, 1970 N.Y. LEXIS 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenspan-v-orourke-ny-1970.