CAPOLINO v. MATRANGA


33 A.D.2d 33 (1969)

Al Capolino et al., Respondents, v. Joseph Matranga et al., Individually and as Officers of Liquor Salesmen's Union Local No. 2, D. R. W. and A. W. I. U. A., AFL-CIO, Appellants

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

October 30, 1969.


Attorney(s) appearing for the Case

Stanley J. Reiben of counsel (Victor Feingold, attorney), for appellants.

Godfrey P. Schmidt for respondents.

CAPOZZOLI, J. P., and TILZER, J., concur with STEUER, J.; McGIVERN and NUNEZ, JJ., dissent in an opinion.


STEUER, J.

Petitioners are members of defendant union. They petitioned the appropriate officers to call a general membership meeting. The petition was rejected and plaintiffs sought a mandatory injunction which was, we believe, correctly granted by Special Term. We are all in accord that petitioners were within their rights pursuant to the constitution of the defendant local in seeking the membership meeting....

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