Appellate Terms of the Supreme Court of New York, 1948

Doobin v. Kelly

Appellate Terms of the Supreme Court of New York · Decided December 16, 1948

5 Misc. 2d 123; 86 N.Y.S.2d 555; 1948 N.Y. Misc. LEXIS 2015

Counsel

H. R. Korey and Emanuel Tacker for appellant., Nathan Tolk for respondent.

Opinion of the Court

Per Curiam:

Plaintiff could only recover in accordance with the defendant’s constitution and by-laws. The charge did not submit adequately the only issue open under the by-laws — that of the good faith of the determination against the plaintiff’s claim.

The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Hofstadter and Pécora, JJ., concur.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.