Doobin v. Kelly — 5 Misc. 2d 123

Majority

p. 123

Abraham M. Doobin, Respondent, v. John J. Kelly, as President of Good Fellowship Benevolent Club Independent Division of New York City Transit System, Appellant.

Supreme Court, Appellate Term, First Department,

December 16, 1948.

H. R. Korey and Emanuel Tacker for appellant.

Nathan Tolk for respondent.

Plaintiff could only recover in accordance with the defendant’s constitution and by-laws. The charge did not submit adequately the only issue open under the by-laws — that of the good faith of the determination against the plaintiff’s claim.

The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Hofstadter and Pécora, JJ., concur.

Judgment reversed, etc.