Budner v. Giunta

Judgment unanimously reversed on the law and a new trial granted, without costs. The complaint was dismissed while plaintiff’s counsel was still in the course of his direct examination of plaintiff. The action was brought to set aside the determination of the Trial Board of District Council *781No. 9 of the Brotherhood of Painters, Decorators and Paper Hangers of America fining plaintiff $200 and suspending him from his Union. Plaintiff claimed that the action of the Trial Board was illegal and that a stipulation in a prior action precluded the preferment of the same charges against plaintiff.…