BATTISTA v. POTOFSKY


13 A.D.2d 992 (1961)

Mary Battista et al., Respondents, v. Jacob S. Potofsky, as General President of Amalgamated Clothing Workers of America, Appellant

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

June 14, 1961


Order reversed, with $10 costs and disbursements, motion granted, and complaint dismissed, with leave to plaintiffs, if so advised, to serve an amended complaint within 20 days after entry of the order hereon.

As against defendant in his representative capacity, the allegations of the complaint are insufficient to show that the fraud complained of was authorized or ratified by the members of the union, an unincorporated association (Martin v. Curran,

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