A.J. Siris Products Corp. v. Price

• Decision Date: 30 January 1956
• Citation: 3 Misc.2d 144,148 N.Y.S.2d 180
• Parties: A. J. SIRIS PRODUCTS CORPORATION, Plaintiff, v. Abe PRICE, individually and as President of Local 138, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, A.F.L., 'John Doe', 'John Roe', 'John Smith' and 'John Brown', the said four mentioned names being fictitious and unknown to plaintiff, persons intended being members of the above named labor union, or engaged in picketing or boycotting or demonstrating or committing or participating in the acts complained of in the complaint, Defendants.
• Court: New York Supreme Court

Page 180

148 N.Y.S.2d 180

3 Misc.2d 144

A. J. SIRIS PRODUCTS CORPORATION, Plaintiff, v. Abe PRICE, individually and as President of Local 138 International Brotherhood of Teamsters, Chauffeurs Warehousemen and Helpers, A.F.L., 'John Doe', 'John Roe' 'John Smith' and 'John Brown', the said four mentioned names being fictitious and unknown to plaintiff, persons intended being members of the above named labor union, or engaged in picketing or boycotting or demonstrating or committing or participating in the acts complained of in the complaint, Defendants.

Supreme Court, Special Term, Bronx County, Part I.

Jan. 30, 1956.

Schlesinger & Krinsky, New York City (by Isidor E. Schlesinger, fo counsel), for plaintiff.

Samuel J. Cohen, New York City (by Donald S. Winograd, New York City), for defendants. LYNCH, Justice.

Plaintiff's informal application for reargument is disposed of as follows: The decision of December 23, 1955 is amended to read:

Plaintiff moves for a temporary injunction restraining defendants Abe Price, individually and as President of Local 138, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, A. F. L., their respective officers, agents and/or employees, and all other defendants and all persons acting in concert or participation with them from committing or participating in the acts complained of in the complaint.

The affidavit of service states that the order to show cause was served 'upon 'John Doe', the said name being fictitious and unknown to the plaintiff, the person intended being a member of the above named labor union, engaged in picketing etc. as described in the complaint, by leaving a copy with him personally.'

On the return of the order to show cause the defendant union appeared specially and claimed that the alleged service upon the defendant union was defective for failure to comply with the provisions of section 13 of the General Associations Law.

The defendant union is described in the complaint as an unincorporated association composed of a body of persons and having a president and treasurer thereof. An unincorporated membership association is neither a partnership nor a corporation and such association has no existence independent of its members. At common law all the members were necessary parties defendant on an alleged liability of the association. Section 13 of the General Associations Law was enacted to avoid the necessity of serving every member of the association in an...