Party v. Akrawy

Appellate Division of the Supreme Court of New York

Party v. Akrawy

75 A.D.2d 749, 428 N.Y.S.2d 999, 1980 N.Y. App. Div. LEXIS 11286

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

DecidedMay 6, 1980

StatusPublished

This text of 75 A.D.2d 749 (Party v. Akrawy) 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

Party v. Akrawy, 75 A.D.2d 749, 428 N.Y.S.2d 999, 1980 N.Y. App. Div. LEXIS 11286 (N.Y. Ct. App. 1980).

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Opinion

Order, Supreme Court, New York County, entered September 7, 1979 denying defendant’s motion to dismiss complaint on ground that plaintiff does not have the capacity to sue, affirmed, without costs. The complaint leaves in doubt the legal character of the plaintiff, thus presenting a question as to plaintiff’s capacity to sue in addition to those litigated at Special Term. (Cf. General Associations Law, § 12; Not-For-Profit Corporation Law, § 1202, subd [a], par [4]; CPLR 3015, subd [b].) The factual issues critical to a determination of plaintiffs capacity to sue require a full evidentiary exploration. The nature of the issue may justify a separate, preliminary trial. (CPLR 603.) Concur—Kupferman, J. P., Birns, Fein, Sandler and Silverman, JJ.

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Order, Supreme Court, New York County, entered September 7, 1979 denying defendant’s motion to dismiss complaint on ground that plaintiff does not have the capacity to sue, affirmed, without costs. The complaint leaves in doubt the legal character of the plaintiff, thus presenting a question as to plaintiff’s capacity to sue in addition to those litigated at Special Term. (Cf. General Associations Law, § 12; Not-For-Profit Corporation Law, § 1202, subd [a], par [4]; CPLR 3015, subd [b].) The factual issues critical to a determination of plaintiffs capacity to sue require a full evidentiary exploration. The nature of the issue may justify a separate, preliminary trial. (CPLR 603.) Concur—Kupferman, J. P., Birns, Fein, Sandler and Silverman, JJ.

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Bluebook (online)

75 A.D.2d 749, 428 N.Y.S.2d 999, 1980 N.Y. App. Div. LEXIS 11286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/party-v-akrawy-nyappdiv-1980.

Opinion

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