O'CONNOR v. HARRINGTON


285 A.D. 900 (1955)

Herbert O'Connor, Suing on Behalf of Himself and All Other Members of The Mutual Ticket Agents Local No. 23293 of the American Federation of Labor, Similarly Situated, et al., Respondents-Appellants, v. Raymond Harrington, as President of Mutual Ticket Agents Local No. 23293 of the American Federation of Labor, Appellant-Respondent

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

February 21, 1955.


Insofar as appealed from, judgment and order modified on the facts by striking therefrom "$5,000.00" and substituting in place thereof "$3,500.00", and as so modified, judgment and order unanimously affirmed, without costs.

While it was properly held that the membership as a whole had been benefited by reason of the representative action which resulted in a default judgment against the members, the allowance of $5,000 to plaintiffs was excessive in view of the services...

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