Legal Opinion
Colson v. Gelber
New York Supreme Court
Decided July 14, 1948PublishedCited by 4 opinions
1Opinion of the CourtBoieiN, J.
The gravamen of plaintiff’s complaint against an officer and nnnamed employees of a labor union is a combination of fraud and conspiracy which, it is alleged, resnlted in the union’s failure to act upon plaintiff’s application for membership and plaintiff’s being deprived of union membership.
In the absence of the allegation of facts showing that plaintiff had the necessary qualifications for membership and would have been admitted to membership but for the acts of fraud and conspiracy the complaint is insufficient. Membership in a labor union, despite its economic importance {Dusing v. Nuzzo,…
2Cases cited5 opinions
- Dusing v. NuzzoNew York Supreme Court · 1941
- Miller v. RuehlNew York Supreme Court · 1938
- Simons v. BerryAppellate Division of the Supreme Court of the State of New York · 1924
- Acierno v. North Shore Bus Co.New York Supreme Court · 1939
- Murphy v. HigginsAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by4 opinions
- Hurwitz v. Directors Guild of America, Inc.Court of Appeals for the Second Circuit · 1966
- Hurwitz v. Directors Guild Of America, Inc.Court of Appeals for the Second Circuit · 1966
- Weinstock v. LadiskyNew York Supreme Court · 1950
- Feinne v. MonahanNew York Supreme Court · 1949