Tides Property Owners Ass'n v. Kalkhof

Motion by defendant for leave to appeal to the Court of Appeals from an order of this court, dated January 14, 1980, which determined an appeal (by permission) from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated January 12, 1978. Motion denied, without costs or disbursements. On the court’s own motion, the decision and order, both dated January 14, 1980 (Tides Prop. Owners Assn. v Kalkhof, 73 AD2d 1067), are recalled and vacated and the following decision is substituted therefor: In an action, inter alia, to recover membership dues owed…