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CUMMINGS v. WATERTOWN LODGE NO. 496 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC.

262 A.D.2d 1007 (1999)

693 N.Y.S.2d 786

PATRICIA CUMMINGS et al., Appellants, v. WATERTOWN LODGE NO. 496 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC., et al., Respondents, et al., Defendants.

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

Decided June 18, 1999.

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with Supreme Court that Watertown Lodge No. 496 Benevolent and Protective Order of Elks of the United States of America, Inc. and Exalted Ruler John P. Bruce (defendants) did not violate Executive Law § 296 (2) (a) in denying plaintiffs' application for membership because the Elks Lodge is not a place of public accommodation...

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