Legal Opinion

Fittipaldi v. Legassie

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 1963PublishedCited by 11 opinions

1Opinion of the CourtGoldman, J.

Appellants are union members whom this court reinstated to full membership rights after they had been wrongfully suspended or expelled through unfair trials and sham procedures. The facts of the union’s disciplinary action are found in our prior opinion, Fittipaldi v. Legassie (7 A D 2d 521). We held that since the issue of damages, including lost earnings, had not been reached by the court on the first trial, a new trial should be had.

This appeal is now taken by three of the four original plaintiffs* who contend that upon the second trial, the court erred in finding that plaintiffs failed to…

2Cases cited16 opinions

  1. Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
  2. Duane Jones Co. v. BurkeNew York Court of Appeals · 1954
  3. Voltz v. . BlackmarNew York Court of Appeals · 1876
  4. St. Louis Southwestern Railway Co. v. ThompsonTexas Supreme Court · 1908
  5. Gill v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1954

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3Cited by11 opinions

  1. Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
  2. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers v. E. T. BraswellCourt of Appeals for the Fifth Circuit · 1968
  3. Brink's Inc. v. City of New YorkDistrict Court, S.D. New York · 1982
  4. Alfred E. Keene, Cross-Appellant v. International Union of Operating Engineers, Local 624, Afl-Cio, R. H. Byrd and Stanley Byrd, Sr., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1978
  5. Harradine v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1980

6 more not listed; retrieve them via the Exa API.

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