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KIWANIS CLUB OF GREAT NECK, INC. v. BD. OF TRS. OF KIWANIS INT'L

41 N.Y.2d 1034 (1977)

Kiwanis Club of Great Neck, Inc., et al., Appellants, v. Board of Trustees of Kiwanis International et al., Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Carol Eve Casher for appellants.

Reid A. Curtis and Edward J. Hart for respondents.

Cecelia Goetz, Margaret H. McDowell and Mona D. Shapiro for Special Committee on Women's Rights, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur; Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed. Plaintiffs failed to establish the existence of triable issues of fact which would support their claim that Kiwanis International is not within the "private club" exception to the Federal and State Constitutions and Civil Rights Laws. Although the Kiwanis Clubs' community-oriented activities may extend into the public sphere, the intrusion indicated on this record is not so extensive, or of the quality...

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