LEMMA v. WILLIAMS


65 A.D.2d 568 (1978)

Peter Lemma, Respondent, v. Ida Williams et al., Respondents, and Murray Rosoff, Appellant

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

October 10, 1978


Order reversed, on the law, without costs or disbursements, and appellant's motion is granted.

In an unusual case of this nature, where equity would not be served by a strict construction of the statute (see Not-For-Profit Corporation Law, § 623, subd [a]; § 720) the appellant should be given the right to intervene (see CPLR 1012, subd [a]) and present evidence in support of his allegations that a fraudulent scheme is being carried out by the plaintiff and...

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