Taddonio v. Brotherhood Society of Pomaricus
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Anna Taddonio, administratrix of Giovanni Taddonio, deceased, against the Brotherhood Society of Pomaricus, Niccolo Piorentino. Prom a judgment of the Municipal Court dismissing the complaint at the close of plaintiff’s case, she appeals.
1Opinion of the CourtLehman, J.
[1] The plaintiff brought suit for the amount of the death benefits, which, she claims, accrued by reason of the death of the intestate under the by-laws of the defendant. The plaintiff’s intestate paid his dues on July 10th. He went to Italy on July 12th, and died on September 21st. The by-laws of the defendant contain a provision that, if a member goes abroad, he may keep his membership in abeyance for one year without payment of dues, by notice to *46the president. The plaintiff’s intestate did not give such notice, and the by-laws clearly provide that an absence abroad does not preclude a…
2Cases cited1 opinion
- Bukofzer v. United States Grand Lodge of the Independent Order Sons of BenjaminNew York Supreme Court · 1891