Kirby v. Dubinsky

The defendant David Dubinsky, as president of the International Ladies’ Garment Workers’ Union, an unincorporated association, has made this motion to dismiss the complaint as against him on the ground that it does not state facts sufficient to constitute a cause of action. The complaint alleges that the defendant Thomas Bradley, while an employee and agent of the unincorporated association and while he “ was acting in the scope of such employment and agency,” trespassed and destroyed certain trees upon property owned by the plaintiffs.

The complaint contains two causes of action, one on…