Kosseff v. Simons

Appellate Division of the Supreme Court of New York

Kosseff v. Simons

256 A.D. 821, 8 N.Y.S.2d 893, 1939 N.Y. App. Div. LEXIS 5018

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

DecidedJanuary 9, 1939

StatusPublished

This text of 256 A.D. 821 (Kosseff v. Simons) 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

Kosseff v. Simons, 256 A.D. 821, 8 N.Y.S.2d 893, 1939 N.Y. App. Div. LEXIS 5018 (N.Y. Ct. App. 1939).

Pincite

Opinion

Plaintiff, a member of defendant union, was permitted under the constitution and by-laws to retire from active membership in 1912 with the right to return to full privileges of membership “ at any time.” In 1936 plaintiff sought but was denied reinstatement. The Special Term has directed that he be reinstated. Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs, upon the grounds (1) that plaintiff’s application was not made in good faith; and (2) that subsequent to plaintiff’s withdrawal and prior to his application for reinstatement the union validly amended its by-laws and constitution to provide that the books might be closed by the body of membership, which meant that further applications for membership and reinstatement should not be received until otherwise determined. The body accordingly took such action and closed the books. Findings of fact and conclusions of law to the contrary are reversed and new findings of fact and conclusions will be made. Hagarty, Cars-well, Johnston and Taylor, JJ., concur; Lazansky, P. J., concurs on first ground stated. Settle order on notice.

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Plaintiff, a member of defendant union, was permitted under the constitution and by-laws to retire from active membership in 1912 with the right to return to full privileges of membership “ at any time.” In 1936 plaintiff sought but was denied reinstatement. The Special Term has directed that he be reinstated. Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs, upon the grounds (1) that plaintiff’s application was not made in good faith; and (2) that subsequent to plaintiff’s withdrawal and prior to his application for reinstatement the union validly amended its by-laws and constitution to provide that the books might be closed by the body of membership, which meant that further applications for membership and reinstatement should not be received until otherwise determined. The body accordingly took such action and closed the books. Findings of fact and conclusions of law to the contrary are reversed and new findings of fact and conclusions will be made. Hagarty, Cars-well, Johnston and Taylor, JJ., concur; Lazansky, P. J., concurs on first ground stated. Settle order on notice.

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Bluebook (online)

256 A.D. 821, 8 N.Y.S.2d 893, 1939 N.Y. App. Div. LEXIS 5018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kosseff-v-simons-nyappdiv-1939.