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MATTER OF TIBALDI v. BREZENOFF

65 N.Y.2d 710 (1985)

In the Matter of Arthur Tibaldi, as President of Local 1407, District Council 37, AFSCME, AFL-CIO, Appellant, v. Stanley Brezenoff, as President of the New York City Health and Hospitals Corporation, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1985.

Attorney(s) appearing for the Case

Ronald Rosenberg, pro hac vice, Beverly Gross and Claude I. Hersh for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Fay Leoussis and Leonard Koerner of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court, New York County, for further proceedings on the petition.

General Associations Law § 12 provides that the president or treasurer of an unincorporated association may maintain an action or special proceeding "upon any cause of action, for or upon which all the associates may maintain such an...

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