Opinion
June 24, 1931.
Appeal from Supreme Court of New York County.
Charles Dickerman Williams of counsel [ Rumsey Morgan, attorneys], for the appellant.
James E. Smith, for the respondent.
Present — FINCH, P.J., MERRELL, McAVOY, MARTIN and SHERMAN, JJ.
Defendant Baldwin moved to dismiss the amended complaint herein as against him individually and has taken this appeal from the denial of that motion. A prior complaint containing substantially the same allegations had been held insufficient. No appeal was taken from that determination which declared the law of the case. This action may not be brought against appellant individually, because section 16 Gen. Ass'ns of the General Associations Law (as added by Laws of 1920, chap. 915) forbids its maintenance, until after final judgment shall have been entered against the officers of the unincorporated association, and the return, wholly or partly unsatisfied or unexecuted, of the execution issued thereon.
The order appealed from should be reversed, with costs, and the motion granted, with ten dollars costs.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.