Caines v. Prudential Insurance

Motion by defendant International Brotherhood of Teamsters, Local 239 “appearing specially” to dismiss the complaint for legal insufficiency ‘ ‘ in that said Local 239 was and is an unincorporated labor organization and it was not sued through its president or treasurer in their respective capacity pursuant to General Associations Law, Section 13 ”; cross motion by plaintiff to amend her summons and complaint and the caption of this action.

The main motion is granted. While as a general rule a defendant raising an objection to a complaint in point of law thereby makes a general appearance in…