Thomann v. Flynn

Appellate Division of the Supreme Court of New York

Thomann v. Flynn

257 A.D. 867, 12 N.Y.S.2d 609, 1939 N.Y. App. Div. LEXIS 8210

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

DecidedMay 29, 1939

StatusPublished

This text of 257 A.D. 867 (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, 257 A.D. 867, 12 N.Y.S.2d 609, 1939 N.Y. App. Div. LEXIS 8210 (N.Y. Ct. App. 1939).

Pincite

Opinion

— In an action by plaintiff, on behalf of himself and others similarly situated, against a local labor union, for a permanent mandatory injunction restoring them to membership in the union and for other relief, issues were framed for trial by a jury. The first question was: Were plaintiff and the others similarly situated members of the union prior to the commencement of the action? The remaining questions were to be considered by the jury only in the event the first question wasranswered in the affirmative. At the close of plaintiff’s case the court directed the, jury to answer the first question in the negative, but no formal order was entered. The Special Term thereafter dismissed the complaint and judgment was entered accordingly. Plaintiff appeals. Judgment unanimously affirmed, with costs. Appeals from verdict and the court’s ruling dismissed. No opinion. Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ.

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— In an action by plaintiff, on behalf of himself and others similarly situated, against a local labor union, for a permanent mandatory injunction restoring them to membership in the union and for other relief, issues were framed for trial by a jury. The first question was: Were plaintiff and the others similarly situated members of the union prior to the commencement of the action? The remaining questions were to be considered by the jury only in the event the first question wasranswered in the affirmative. At the close of plaintiff’s case the court directed the, jury to answer the first question in the negative, but no formal order was entered. The Special Term thereafter dismissed the complaint and judgment was entered accordingly. Plaintiff appeals. Judgment unanimously affirmed, with costs. Appeals from verdict and the court’s ruling dismissed. No opinion. Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ.

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Bluebook (online)

257 A.D. 867, 12 N.Y.S.2d 609, 1939 N.Y. App. Div. LEXIS 8210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomann-v-flynn-nyappdiv-1939.