Legal Opinion
Cummings v. Watertown Lodge No. 496 Benevolent & Protective Order of Elks of United States of America, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1999PublishedCited by 1 opinion
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with Supreme Court that Watertown Lodge No. 496 Benevolent and Protective Order of Elks of the United States of America, Inc. and Exalted Ruler John P. Bruce (defendants) did not violate Executive Law § 296 (2) (a) in denying plaintiffs’ application for membership because the Elks Lodge is not a place of public accommodation, but rather is “distinctly private” (Executive Law § 292 [9]; see, Gifford v Guilderland Lodge, No. 2480, 178 Misc…
2Cases cited4 opinions
- Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
- Pless v. Town of RoyaltonNew York Court of Appeals · 1993
- Pless v. Town of RoyaltonAppellate Division of the Supreme Court of the State of New York · 1992
- Gifford v. Guilderland Lodge, No. 2480New York Supreme Court · 1998
3Cited by1 opinion
- Gifford v. Guilderland Lodge, No. 2480, B.P.O.E., Inc.Appellate Division of the Supreme Court of the State of New York · 2000