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MADDEN v. ATKINS

19 Misc.2d 138 (1959)

Bernard C. Madden et al., Plaintiffs, v. Charles T. Atkins, Individually and as President of New York Association No. 88 of Masters and Mates of National Organization Masters, et al., Defendants.

Supreme Court, Special Term, Queens County.

September 8, 1959.

Attorney(s) appearing for the Case

Harold Luca, Persky & Mozer for plaintiffs.

Marvin Schwartz and Betty H. Olchin for defendants.

J. IRWIN SHAPIRO, J.

Motion by five of the six plaintiffs for partial summary judgment, pursuant to rule 114 of the Rules of Civil Practice.

In Madden v. Atkins (4 N.Y.2d 283, 297) the Court of Appeals determined that these plaintiffs were "unjustly expelled by action of the" defendants and that they "may recover from Local 88 whatever damages they may have sustained." The judgment of the Appellate Division...

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