Nametra, Inc. v. American Society of Travel Agents, Inc.
New York Supreme Court
1Opinion of the CourtOweh McGtverk, J.
This is. a proceeding under article 78 of the Civil Practice Act to set aside petitioner’s expulsion from respondent, a membership corporation. Respondent has admitted in its answer the allegation that membership in respondent is a valuable asset.
It is well settled that on a proceeding to review expulsion by a corporation “ the court will not substitute its judgment for that of a governing body of an organization. The court will only look into the record to ascertain whether the procedure was in accordance with the by-laws”. (Matter of Pegg v. United Mut. Life Ins. Co., 6 Misc 2d 600 [1957].)
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2Cases cited6 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Glauber v. PatofNew York Court of Appeals · 1945
- Glauber v. PatofNew York Supreme Court · 1944
- Schmidt v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1945
- Glauber v. PatofAppellate Division of the Supreme Court of the State of New York · 1945
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3Cited by6 opinions
- Museum v. American Ass'n of MuseumsNew York Supreme Court · 1982
- States Marine Lines, Inc. v. Federal Maritime CommissionCourt of Appeals for the D.C. Circuit · 1967
- States Marine Lines, Inc. v. Federal Maritime CommissionCourt of Appeals for the D.C. Circuit · 1967
- Barone v. AdamsNew York Supreme Court · 1963
- Watkins v. ClarkNew York Supreme Court · 1976
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