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Matter of Greenspan v. O'Rourke

Court of Appeals of the State of New York
Nov 12, 1970
265 N.E.2d 462 (N.Y. 1970)

Opinion

Argued October 14, 1970

Decided November 12, 1970

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MOSES M. WEINSTEIN, J.

Rose L. Rubin and Herbert Rubin for appellants.

Robert E. Goldman for respondents.


MEMORANDUM. The order of the Appellate Division should be affirmed, without costs. The failure of the petitioners to join parties necessary to the proceeding, to wit: three of the vice-chairmen elected at the July 13 organizational meeting, mandates a dismissal of the petition. Inasmuch as the rights of the respondents, who were challenged, are inextricably interwoven with the rights of the three successful candidates not joined, we cannot reach the issues presented. (See Matter of Ullman v. Power, 17 A.D.2d 792, affd. 12 N.Y.2d 724; Matter of Schwimmer v. Power, 21 A.D.2d 835; First Nat. Bank v. Shuler, 153 N.Y. 163, 170.)

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Greenspan v. O'Rourke

Court of Appeals of the State of New York
Nov 12, 1970
265 N.E.2d 462 (N.Y. 1970)
Case details for

Matter of Greenspan v. O'Rourke

Case Details

Full title:In the Matter of MORTON GREENSPAN et al., Appellants, v. MAURICE J…

Court:Court of Appeals of the State of New York

Date published: Nov 12, 1970

Citations

265 N.E.2d 462 (N.Y. 1970)
265 N.E.2d 462
316 N.Y.S.2d 639

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