SCHIMMEL v. MESSING


282 A.D. 777 (1953)

Isidore Schimmel, Individually and as a Member of Waiters and Waitresses Union, Local No. 2, an Unincorporated Association, and on Behalf of all Other Members of Said Union, Similarly Situated, and in the Rights of Said Union, Appellant, v. Nat Messing et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1953.


Judgment affirmed, with costs.

No opinion.

Adel and Wenzel, JJ., dissent and vote to reverse the judgment and to remit the action to the Special Term for the entry of an interlocutory judgment directing defendants to account, with the following memorandum:

At a meeting of the union held on November 1, 1949, a written proposal, signed by a number of members thereof, was submitted to the membership for action. The proposal was addressed "To the Officers...

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