Kaluszer Young Men's Benevolent Society, Inc. v. Independent Young Men's Sick Benevolent Society, Inc.

Plaintiff brings this action for specific performance of a claimed contract for purchase and sale of fifteen cemetery lots. Defendant moves to strike out amended complaint and for judgment in its favor under Rules of Civil Practice, rules 106, 107 and 112, on the following grounds: (1) That the alleged contract on which action is based is void under the provisions of section 21 of the Membership Corporations Law, in that there was neither a vote of two-thirds of a majority of the directors authorizing a sale, nor an order of the Supreme-Court permitting a sale of realty; (2) that when said…