Gianunzio v. Kelly

Appeal from an order of the County Court of Essex County (Garvey, J.), entered September 25,1981, which denied defendant’s motion to dismiss the complaint on the ground that plaintiffs lack legal capacity to sue. Plaintiff Gerald A. Gianunzio is treasurer of plaintiff St. Clair Shores Bantam Travel Team, an *624unincorporated association duly organized and existing in the State of Michigan. The instant action was commenced against defendant for breach of contract, fraud, and violation of section 206-b of the General Business Law in the furnishing of accommodations to plaintiffs in March, 1980.…