KOTITE v. SHEA


274 A.D.2d 503 (2000)

712 N.Y.S.2d 378

RICHARD E. KOTITE, Respondent, v. JAMES W. SHEA, as President of the Richmond County Country Club, et al., Appellants.

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

Decided July 24, 2000.


Ordered that the order is modified by deleting the provision thereof granting the plaintiff's motion for summary judgment and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with costs to the defendants.

While the plaintiff established a prima facie case, the defendants presented evidence which raised a triable issue of fact as to whether the amendment to the bylaws of the defendant Richmond County Country Club, adding...

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