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STEIN v. KINGS COUNTY DEMOCRATIC COUNTY COMM.

2021-01211, Index No. 524201/20.

206 A.D.3d 845 (2022)

168 N.Y.S.3d 345

2022 NY Slip Op 03918

David Stein et al., Respondents, v. Kings County Democratic County Committee, Appellant.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Brooklyn, NY ( Robert A. Spolzino , David A. House , and Lisa Colosi Florio of counsel), for appellant.

Balestriere Fariello, New York, NY ( Vittoria M. Fariello , John G. Balestriere , and Matthew W. Schmidt of counsel), for respondents.

Duffy, J.P., Maltese, Christopher and Ford, JJ., concur.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.

Contrary to the Supreme Court's determination, it should have granted dismissal of the complaint because the plaintiffs challenged the authority and actions of the Executive Committee of the Kings County Democratic County Committee but failed to join the Executive Committee as a necessary...

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