Kittinger v. Churchill Evangelistic Ass'n

The complaint herein prays for judgment that the court construe, ascertain and determine whether or not an alleged voting trust agreement therein referred to is valid, legal and subsisting, and if so, the rights, powers and duties of the trustees thereunder, and that the plaintiff be determined to be a voting trustee under such agreement. The relief sought is in the form of a declaratory judgment.

Prior to the trial of this action, the defendant association moved at Special Term for a dismissal of the plaintiff’s complaint on the ground that the plaintiff had no capacity to sue. Favorable…