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TORRES v. LACEY

3 A.D.2d 998 (1957)

Edward Torres, Respondent v. Martin T. Lacey, as President of Joint Council No. 16, International Brotherhood of Teamsters, Chauffeurs, Warehousemen, Helpers of America, Appellant, et al., Defendant

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

June 18, 1957

Order denying the motion to dismiss the complaint or the second cause of action for insufficiency, unanimously modified by dismissing the second cause of action, without costs to either party, with leave to replead. Martin v. Curran (303 N.Y. 276) is not applicable to an unincorporated association's unintentional tort, such as is involved in this second cause of action.

Special Term correctly ruled that to require membership...

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