MU CH. v. COLGATE UNIV.


176 A.D.2d 11 (1992)

In the Matter of Mu Chapter of Delta Kappa Epsilon, by Its Treasurer, Matthew J. Swett, et al., Appellants, v. Colgate University, Respondent

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

January 30, 1992


Attorney(s) appearing for the Case

Harter, Secrest & Emery (John F. Mahon and Jeffrey P. Stone of counsel), for appellants.

Hughes Hubbard & Reed (George A. Davidson, Carla A. Kerr and Philip A. Rayhill of counsel), for respondent.

LEVINE, MERCURE, CREW III and CASEY, JJ., concur.


MAHONEY, J.

Petitioner Mu of Delta Kappa Epsilon Alumni Corporation (hereinafter the Alumni Corporation) is a not-for-profit corporation which, as owner of real property in Madison County, provided dormitory housing and social space to members of petitioner Mu Chapter of Delta Kappa Epsilon (hereinafter the fraternity), an unincorporated association, or fraternity, comprised of respondent's students during the...

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