Wingersky v. United States Grand Lodge

141 A.D. 924, 126 N.Y.S. 74

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 15, 1910
• Status: Published

Opinion

Per Curiam :

The complaint is defective because it does not show what were the provisions of the by-laws when plaintiff’s husband died, The complaint speaks entirely in the present tense and alleges only the provisions of the by laws when the action was commenced, which was more than a year after the hushand’s death. Non constat the by-laws may have been effectively amended in the meantime. , The interlocutory judgment- is, therefore, affirmed, with costs and disbursements, with leave to plaintiff to amend her complaint within twenty days upon payment of costs in this court and in the court below. Present — Ingraham, P. J., McLaughlin, Clarke and Scott, JJ. Judgment affirmed, with costs, with leave to plaintiff to amend on payment of costs.