Legal Opinion

Buscarello v. Guglielmelli

New York Surrogate's Court

Decided December 17, 1964PublishedCited by 3 opinions

1Opinion of the CourtWalter R. Hart, J.

Defendants move to dismiss this complaint pursuant to CPLR 3211 (subd. [a], par. 5) on the sole ground that the causes of action therein are barred by the Statute of Limitations. The action brought by plaintiff following his allegedly wrongful ouster as a member of the union seeks refund of a fine levied against him and damages both compensatory and exemplary against the defendants individually and as officers of the defendant union, a membership association. Plaintiff also prays for equitable relief with regard to his status as a member of the union.

The plaintiff, a bricklayer by trade,…

2Cases cited5 opinions

  1. Hornstein v. PodwitzNew York Court of Appeals · 1930
  2. Polin v. KaplanNew York Court of Appeals · 1931
  3. Keys v. LeopoldNew York Court of Appeals · 1925
  4. S. C. Posner Co. v. JacksonNew York Court of Appeals · 1918
  5. Hanrihan v. ParkerNew York Supreme Court · 1959

3Cited by3 opinions

  1. Van Dussen-Storto Motor Inn, Inc. v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  2. Independence Leasing Corp. v. AquinoBuffalo City Court · 1981
  3. Bloomfield Building Wreckers v. City of TroyNew York Court of Appeals · 1977

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