Miller v. Student Ass'n of State University

In an action on a contract, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County, dated June 15, 1979, as denied its cross motion to dismiss the complaint. Order affirmed insofar as appealed from, with $50 costs and disbursements. Defendant, an unincorporated association, cross-moved to dismiss the complaint on the ground that it is being sued as a legal entity rather than by its president or treasurer. Special Term found that the defendant association has made a general appearance in the action, that the summons and complaint were served…