Hayes v. Relyea

Appellate Division of the Supreme Court of New York

Hayes v. Relyea

21 A.D.2d 926, 252 N.Y.S.2d 423, 1964 N.Y. App. Div. LEXIS 3360

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1964·Published

Opinion

Per Curiam.

We approve the lucid and comprehensive opinion and report of Dean Andrew V. Clements, Referee (43 Misc 2d 295), as confirmed at Special Term. Had the -decision adopted the alternative theory by following the strictly contractual approach, there would -be doubt whether plaintiffs established facts sufficient to entitle them to relief under the constitution of the international association (see, e.-g., art. D, § 12, thereof), but the question has not been raised and its determination is unnecessary in any event. Judgment and order affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We approve the lucid and comprehensive opinion and report of Dean Andrew V. Clements, Referee (43 Misc 2d 295), as confirmed at Special Term. Had the -decision adopted the alternative theory by following the strictly contractual approach, there would -be doubt whether plaintiffs established facts sufficient to entitle them to relief under the constitution of the international association (see, e.-g., art. D, § 12, thereof), but the question has not been raised and its determination is unnecessary in any event. Judgment and order affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

Hayes v. Relyea, 21 A.D.2d 926, 252 N.Y.S.2d 423, 1964 N.Y. App. Div. LEXIS 3360 (N.Y. Ct. App. 1964).

Pincite

21 A.D.2d 926 (Hayes v. Relyea) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related