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BUTEAS v. RARITAN LODGE NO. 61

248 N.J. Super. 351 (1991)

591 A.2d 623

GEORGE BUTEAS AND HELEN BUTEAS, PLAINTIFFS-APPELLANTS, v. RARITAN LODGE # 61 F. & A.M., A MASONIC LODGE OF THE STATE OF NEW JERSEY, A NEW JERSEY CORPORATION ALSO KNOWN AS THE MASONIC BUILDING SOCIETY OF PERTH AMBOY, DEFENDANTS-RESPONDENTS, AND OTIS ELEVATOR CO., INC. AND ADVANCE ELEVATOR SERVICE, INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1991.

Attorney(s) appearing for the Case

James Hely argued the cause for appellants (Weiseman Hely, attorneys).

Michael John Stone argued the cause for respondent Raritan Masonic Society (Hoagland, Longo, Oropollo & Moran, attorneys, Alan I. Dunst, on the brief).

Before Judges PRESSLER, DEIGHAN and BAIME.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This appeal raises the issue, not heretofore addressed in this jurisdiction, of whether a member of an unincorporated fraternal association may sue the association in tort. In Donnelly v. United Fruit Co., 40 N.J. 61, 190 A.2d 825 (1963), the Supreme Court, overruling Marchitto v...

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