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BAILEY v. AM. SOC., PREVENTION OF CRUELTY, ETC.

282 A.D. 502 (1953)

Edythe C. Bailey et al., Individually and as Members of American Society for the Prevention of Cruelty to Animals, Respondents, v. American Society for the Prevention of Cruelty to Animals, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 27, 1953.

Attorney(s) appearing for the Case

John C. Crawley of counsel (Howard B. Nichols with him on the brief; Thacher, Proffitt, Prizer & Crawley, attorneys), for appellant.

David M. Engelson for respondents.

DORE, J. P., and BOTEIN, J., concur with CALLAHAN, J.; BASTOW, J., dissents and votes to affirm in opinion in which COHN, J., concurs.

CALLAHAN, J.

Defendant, Society, appeals from an order denying defendant's motion to dismiss the complaint for insufficiency and for summary judgment in defendant's favor. Twenty members, a small minority of defendant Society, sue the Society for a judgment declaring certain by-laws of the Society void and for a judicial determination of the rights of the parties.

The Society was organized in 1866 by a...

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