Appellate Division of the Supreme Court of New York, 1965

Verstandig v. Diamond Dealers Club, Inc.

Verstandig v. Diamond Dealers Club, Inc.
Appellate Division of the Supreme Court of New York · Decided February 4, 1965
23 A.D.2d 547; 256 N.Y.S.2d 318; 1965 N.Y. App. Div. LEXIS 4937
Verstandig v. Diamond Dealers Club, Inc.

Opinion of the Court

Judgment denominated order denying a petition brought under CPLR article 78, unanimously affirmed, with $50 costs to respondent-respondent. The record suffices to warrant the club’s action in suspending petitioner as a member for breach of the Debtor-Creditor General Rules of the club. Under the circumstances, therefore, it is not necessary to reach the question whether the arbitration clause contained in the by-laws of the club applies to parties to a dispute where none demands arbitration and they resort to the courts for resolution of such dispute. Concur — Breitel, J. P., Rabin, McNally, Steuer and Witmer, JJ.

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