Scipioni v. Young Women's Christian Ass'n

Appellate Division of the Supreme Court of New York

Scipioni v. Young Women's Christian Ass'n

105 A.D.2d 1113, 482 N.Y.S.2d 390, 1984 N.Y. App. Div. LEXIS 21209

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

DecidedNovember 7, 1984

StatusPublished

Cited by4 cases

This text of 105 A.D.2d 1113 (Scipioni v. Young Women's Christian Ass'n) 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

Scipioni v. Young Women's Christian Ass'n, 105 A.D.2d 1113, 482 N.Y.S.2d 390, 1984 N.Y. App. Div. LEXIS 21209 (N.Y. Ct. App. 1984).

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Opinion

Order unanimously reversed, without costs, and proceeding dismissed. Memorandum: A court acting pursuant to section 618 of the Not-For-Profit Corporation Law “should not interfere in the internal affairs of a corporation * * * unless a clear showing is made to warrant such action” (Matter of F.I.G.H.T., Inc., 79 Misc 2d 655, 659, citing Matter of Hoe & Co., 14 Misc 2d 500, affd 285 App Div 927, affd 309 NY 719). Inasmuch as there is no indication that the nominating committee violated the by-laws or that the election was tainted with fraud or other wrongdoing, Special Term erred in interfering with the internal affairs of respondent. (Appeal from order of Supreme Court, Monroe County, Scudder, J. — injunction.) [1114]*1114Present — Callahan, J. P., Doerr, Denman, Boomer and O’Donnell, JJ.

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Order unanimously reversed, without costs, and proceeding dismissed. Memorandum: A court acting pursuant to section 618 of the Not-For-Profit Corporation Law “should not interfere in the internal affairs of a corporation * * * unless a clear showing is made to warrant such action” (Matter of F.I.G.H.T., Inc., 79 Misc 2d 655, 659, citing Matter of Hoe & Co., 14 Misc 2d 500, affd 285 App Div 927, affd 309 NY 719). Inasmuch as there is no indication that the nominating committee violated the by-laws or that the election was tainted with fraud or other wrongdoing, Special Term erred in interfering with the internal affairs of respondent. (Appeal from order of Supreme Court, Monroe County, Scudder, J. — injunction.) [1114]*1114Present — Callahan, J. P., Doerr, Denman, Boomer and O’Donnell, JJ.

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Bluebook (online)

105 A.D.2d 1113, 482 N.Y.S.2d 390, 1984 N.Y. App. Div. LEXIS 21209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scipioni-v-young-womens-christian-assn-nyappdiv-1984.

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