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ATWELL v. BIDE-A-WEE HOME ASSN.

59 Misc.2d 321 (1969)

Josephine Atwell et al., Individually and As Members of Bide-a-Wee Home Association, Inc., Suing in Behalf of Themselves and for the Benefit of Said Corporation and of All of the Other Members of Said Corporation, Plaintiffs, v. Bide-a-Wee Home Association, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

March 28, 1969

Attorney(s) appearing for the Case

Dannenberg, Hazen & Lake (Bertram S. Bermar and Arthur H. Miller of counsel), for plaintiffs. White & Case (Charles F. G. Raikes of counsel), for Bide-A-Wee Home Association and others, defendants. Cahn & Mathias for Hathaway W. Scully, defendant.

JACOB MARKOWITZ, J.

Motions numbered 137 and 149 of March 14, 1969 are consolidated and disposed of together.

These are motions by the defendants in this action to dismiss the complaint on the ground that plaintiffs do not have legal capacity to sue. Plaintiffs "individually and as members" of the Bide-A-Wee Home Association, Inc., a membership corporation, organized under the laws of this State, have...

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