Thomann v. Flynn

Appellate Division of the Supreme Court of New York

Thomann v. Flynn

250 A.D. 785, 296 N.Y.S. 248, 1937 N.Y. App. Div. LEXIS 9000

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

DecidedMarch 25, 1937

StatusPublished

This text of 250 A.D. 785 (Thomann v. Flynn) 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

Thomann v. Flynn, 250 A.D. 785, 296 N.Y.S. 248, 1937 N.Y. App. Div. LEXIS 9000 (N.Y. Ct. App. 1937).

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Opinion

Action for a permanent mandatory injunction and for damages. Plaintiff sues on behalf of himself and others similarly situated to be reinstated to membership in the trades union of which the defendant is president, on the ground of improper exclusion or expulsion from the rights, benefits and privileges of membership. Order framing issues of fact for trial by a jury modified by striking therefrom items, 2, 3, 4 and 5, and by inserting therein two additional items framed to cover the issues of fact arising from the denial of the allegations in paragraphs fourteenth and fifteenth of the complaint, and as thus modified affirmed, without costs, for the reasons stated in Meinhardt v. Flynn (ante, p. 783), decided herewith. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur. Settle order on notice.

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Action for a permanent mandatory injunction and for damages. Plaintiff sues on behalf of himself and others similarly situated to be reinstated to membership in the trades union of which the defendant is president, on the ground of improper exclusion or expulsion from the rights, benefits and privileges of membership. Order framing issues of fact for trial by a jury modified by striking therefrom items, 2, 3, 4 and 5, and by inserting therein two additional items framed to cover the issues of fact arising from the denial of the allegations in paragraphs fourteenth and fifteenth of the complaint, and as thus modified affirmed, without costs, for the reasons stated in Meinhardt v. Flynn (ante, p. 783), decided herewith. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur. Settle order on notice.

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Bluebook (online)

250 A.D. 785, 296 N.Y.S. 248, 1937 N.Y. App. Div. LEXIS 9000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomann-v-flynn-nyappdiv-1937.