Procopio v. Fisher

with costs to plaintiffs, in accordance with the following memorandum: At issue on this appeal from an order denying plaintiffs’ motion and defendants’ cross application for summary judgment in a declaratory judgment action is whether a New York corporation holds membership in a not-for-profit corporation. Special Term also granted plaintiffs’ motion to dismiss defendants’ third counterclaim but denied their motion to dismiss the first and second counterclaims, from which denial plaintiffs also appeal. Defendants Fisher, the owners and developers of River Island Estates, a 20-lot subdivision…