Greek v. Folks

This motion is to dismiss the second amended complaint upon the ground that the court has no jurisdiction of the subject matter of the action. Therein plaintiff alleges he was illegally expelled from the defendant union and seeks a judgment against the union declaring his ouster void, enjoining the withholding of membership, directing full reinstatement with all privileges and benefits, and awarding him consequential damages.

Upon a prior appeal by plaintiff against the former employer and the union (Green v. Folks, 27 Misc 2d 298, revd. 13 A D 2d 744), the Appellate Division dismissed the…