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Maltz v. Rosenberg

265 A.D. 972 Court N.Y. App. Div. Decision date 1942-12-30 English

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p. 972
Sol O. Maltz, Respondent, v. Jacob Rosenberg, as President, or Harry A. Suber, as Treasurer of Associated Musicians of Greater New York, Local 802 of American Federation of Musicians, Appellants.

The first and second hearings before the appellants’ trial board constituted in effect, but one trial, in the subject-matter of which the trial board had a personal interest. The proof was sufficient to justify the conclusion of the Special Term to the effect that the plaintiff could not secure a fair and impartial trial because of the implied bias on the part of the trial board, which rendered the proceeding contrary to natural justice. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.