Kendrick v. Watermill Beach Club, Inc.

• Decision Date: 06 September 1957
• Citation: 8 Misc.2d 798,165 N.Y.S.2d 1009
• Parties: The Application of Mercator C. KENDRICK, Petitioner, for an order under Article 78 of the Civil Practice Act, v. The WATERMILL BEACH CLUB, Inc., Respondent.
• Court: New York Supreme Court

Page 1009

165 N.Y.S.2d 1009

8 Misc.2d 798

The Application of Mercator C. KENDRICK, Petitioner, for an order under Article 78 of the Civil Practice Act, v. The WATERMILL BEACH CLUB, Inc., Respondent.

Supreme Court, Special Term, Suffolk County.

Sept. 6, 1957.

Fowler & Kendrick, Riverhead, for petitioner.

Charles Metz, Rockville Centre, for respondent.

RITCHIE, Justice.

The respondents make this motion for an order dismissing the petition herein on the merits.

The proceeding is one brought pursuant to article 78, Civil Practice Act, for an order annulling, inter alia, a resolution adopted by the board of directors of respondent beach club suspending the privileges accorded petitioner's wife as an incident of his membership. The question presented for determination herein is the sufficiency of the notice to petitioner of the proposed disciplinary action. Section 5 of Article II of respondent club's by-laws provides: 'The Board shall have the power to reprimand, suspend or expel any member by a two-thirds vote of the entire Board for any violation of rules or by-laws, and for any conduct which in the opinion of the Board is improper and prejudicial to the welfare and reputation of the Club; provided, however, that notice in writing shall be given to the member of the charges against him (or her) and an opportunity afforded him (or her) to make reply thereto in writing.'

On July 14, 1956, a letter over the signature of one of the directors, acting for the board, was sent to and received by petitioner, a part of the contents of which reads as follow: '* * * that Mrs. Kendrick's charges and repeatedly expressed dissatisfaction and incitement of fears and discontent among the members, and defiance of the Club's management, rules and regulations (sic) require corrective action. You, as the responsible member of the Club, have been unwilling or unable to rectify this intolerable condition. The Board considers that groundless criticism and expressed personal animosity to the management by Mrs. Kendrick are prejudicial to the Club's best interest and welfare and unjustifiably infringe upon the rights of members to the peaceful and happy enjoyment of the Club's facilities. * * *' (Emphasis supplied.)

On July 17, 1956, petitioner in a letter addressed to respondent club requested specification of the charges in the following language: 'In connection with the meeting of July 21, 1956, may I request that the written charges and specifications against Mrs. Kendrick and myself be served upon us at that time, which shall name the complainant or complainants and detail the complaints against us. It will save considerable time if these charges and specifications embody the details normally contained in a bill of particulars and I would, therefore, suggest that they be so prepared.'

At this point, comment may be made that petitioner is a member of the legal profession and that among the members of the board of directors of the club is a member of the same profession. The written specification of charges requested by the petitioner was denied by the board of directors (minutes of the special meeting of the board held July 21, 1956) upon the ground that the board's letter of July 14, 1956, adequately set forth the nature of the complaints. Petitioner attended the special meeting and thereafter and on July 31, 1956, a letter and copy of the resolution of the board suspending Mrs. Kendrick's privileges were sent to the petitioner. The resolution specifies in detail the acts and conduct of petitioner's wife resulting in her suspension. The foregoing recital of the club's procedure in instituting and maintaining the disciplinary action is set forth herein, since the precise issue presented is that of the sufficiency of the notice of...