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BOCKMAN v. AM. INST. OF DECORATORS

7 N.Y.2d 850 (1959)

George Bockman et al., Individually and as Members of the American Institute of Decorators, Suing on Behalf of Themselves and All Other Members Similarly Situated, Appellants, v. American Institute of Decorators, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Jerrold M. Sonet and Daniel Levy for appellants.

Joseph J. Corn, Jr., for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

Per Curiam.

It is our view, as it was the Appellate Division's, that the action was prematurely brought. We pass on no other question.

In reaching the conclusion we do, we place reliance upon the acknowledgment made by counsel for the defendant American Institute of Decorators, both in his brief and in open court, that the resolution here under attack was not intended, and does not purport, to determine the...

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