General
In the Matter of Bernard C. Madden et al., Appellants, et al., Petitioners against Charles T. Atkins, as President of New York Association No. 88 of Masters, Mates & Pilots of America, Inc., et al., Respondents. First National City Bank of New York, Third-Party-Respondent
10 A.D.2d 842·New York Supreme Court, Appellate Division·1960·NY
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Opinion
In the Matter of Bernard C. Madden et al., Appellants, et al., Petitioners against Charles T. Atkins, as President of New York Association No. 88 of Masters, Mates & Pilots of America, Inc., et al., Respondents. First National City Bank of New York, Third-Party-Respondent.
[MAJORITY]
Order unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to abide the event. The matter is remanded to Special Term to take proof of the judgment and to ascertain and, if necessary, to substitute proper parties. The record does not contain the judgment, and there is issue raised as against whom it runs, there having been a change in the officers of the union. Concur — Breitel, J. P., Rabin, M. M. Frank, Stevens and Bastow, JJ.