Institute for Public Service v. Winter
This text of 233 A.D. 1 (Institute for Public Service v. Winter) 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.
Opinion
Defendant Baldwin moved to dismiss the amended complaint herein as against him individually and has taken this appeal from the denial of that motion. A prior complaint containing substantially the same allegations had been held insufficient. No appeal was taken from that determination which declared the law of the case. This action may not be brought against appel[2]*2lant individually, because section 16 of the General Associations Law (as added by Laws of 1920, chap. 915) forbids its maintenance, until after final judgment shall have been entered against the officers of the unincorporated association, and the return, wholly or partly unsatisfied or unexecuted, of the execution issued thereon.
The order appealed from should be reversed, with costs, and the motion granted, with ten dollars costs.
Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
233 A.D. 1, 252 N.Y.S. 109, 1931 N.Y. App. Div. LEXIS 11179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/institute-for-public-service-v-winter-nyappdiv-1931.