Doobin v. Kelly
5 Misc. 2d 123
N.Y. App. Term.
1948
Check Treatment
Per Curiam:

Plaintiff could only recover in accordance with the defendant’s constitution and by-laws. The charge did not submit adequately the only issue open under the by-laws — that of the good faith of the determination against the plaintiff’s claim.

The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Hofstadter and Pécora, JJ., concur.

Judgment reversed, etc.