The complaint leaves in doubt the legal character of the plaintiff, thus presenting a question as to plaintiff's capacity to sue in addition to those litigated at Special Term. (Cf. General Associations Law, § 12; Not-For-Profit Corporation Law, § 1202, subd [a], par [4]; CPLR 3015, subd [b].) The factual issues critical to a determination of plaintiff's capacity to sue require a full evidentiary exploration. The nature of the issue may justify a separate, preliminary...
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