Citation Numbers: 11 Misc. 2d 329
Judges: Dineen
Filed Date: 3/3/1958
Status: Precedential
Modified Date: 2/5/2022
Defendant Newman moves to dismiss the complaint upon the ground that the plaintiffs are not proper party plaintiffs and lack capacity to sue or maintain the action. Plaintiff Crawford sues as a special trustee and plaintiff Olson as acting secretary treasurer. As to the special trustee whose appointment is authorized by the International constitution the defendant raises an issue as to whether notice of hearing and specification of charges were given as provided therefor. The objections to Olson as acting secretary treasurer are that there is no provision for such office in the constitution and that the office does not endow him with any rights or powers since the secretary treasurer was only suspended with full pay from performing his duties and that there existed no vacancy for such office. There can be no doubt as Mr. Justice Fine stated in denying the motion for a temporary injunction that there is a serious question whether plaintiffs have capacity to sue. It
The motion is denied accordingly but without prejudice.