Walker v. American Institute of Architects

Appellate Division of the Supreme Court of New York

Walker v. American Institute of Architects

15 A.D.2d 776, 224 N.Y.S.2d 708, 1962 N.Y. App. Div. LEXIS 11214

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

DecidedFebruary 27, 1962

StatusPublished

Cited by1 cases

This text of 15 A.D.2d 776 (Walker v. American Institute of Architects) 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

Walker v. American Institute of Architects, 15 A.D.2d 776, 224 N.Y.S.2d 708, 1962 N.Y. App. Div. LEXIS 11214 (N.Y. Ct. App. 1962).

Pincite

Opinion

Petitioner resigned, and, following the determination by the association concerning which he complains, the resignation was accepted. This renders the present proceeding moot. Consequently, Special Term should not have reached the merits, and this court does not. Special Term, therefore, should have dismissed the petition, but not on the grounds assigned. Regrettable as it may be from petitioner’s point of view, the court may not, solely to assuage the hurt to him, personally or professionally, review his former status in the association, once that status has been removed by his voluntary act. In short, petitioner may not convert this proceeding into a nonmonetary equivalent of a remedy for defamation (see Angland v. Doe, 263 F. 2d 266; Hanes v. Pace, 203 F. 2d 225; Davis v. Cason, 185 Ga. 334). Concur—Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.

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Petitioner resigned, and, following the determination by the association concerning which he complains, the resignation was accepted. This renders the present proceeding moot. Consequently, Special Term should not have reached the merits, and this court does not. Special Term, therefore, should have dismissed the petition, but not on the grounds assigned. Regrettable as it may be from petitioner’s point of view, the court may not, solely to assuage the hurt to him, personally or professionally, review his former status in the association, once that status has been removed by his voluntary act. In short, petitioner may not convert this proceeding into a nonmonetary equivalent of a remedy for defamation (see Angland v. Doe, 263 F. 2d 266; Hanes v. Pace, 203 F. 2d 225; Davis v. Cason, 185 Ga. 334). Concur—Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.

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Bluebook (online)

15 A.D.2d 776, 224 N.Y.S.2d 708, 1962 N.Y. App. Div. LEXIS 11214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-american-institute-of-architects-nyappdiv-1962.

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