# Madden v. Atkins

> Appellate Division of the Supreme Court of the State of New York · May 6, 1957 · 4 A.D.2d 1

URL: https://www.frixlaw.com/law-library/cases/5697226

## Case

- **Full name:** Bernard C. Madden v. Charles T. Atkins, Individually and as President of New York Association No. 88 of Masters and Mates of the National Organization Masters, Mates and Pilots of America, Inc., and as President of National Organization Masters, Mates and Pilots of America, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 6, 1957
- **Citations:** 4 A.D.2d 1; 162 N.Y.S.2d 576; 40 L.R.R.M. (BNA) 2252; 1957 N.Y. App. Div. LEXIS 5630
- **Precedential status:** Published
- **Opinion:** Dissent by Nolan
- **Judges:** Nolan, Wenzel
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5697226

## Opinion text

Nolan, P. J. (dissenting in part).
I am of opinion that, as to appellants Polachek and Sohnen, there was sufficient proof, *21 in the absence of evidence of justification for their conduct, that they had engaged in activities which constituted a gross breach of their obligation of loyalty to their union, and that proof of such activities warranted their expulsion. (Cf. Polin v. Kaplan, 257 N. Y. 277, 282-283 .)
Hallman and Kleinfeld, JJ., concur with Wenzel, J.; Nolan, P. J., concurs insofar as the judgment is modified as to appellants Madden, Liddy, Friedman and Di Pietrantonio but dissents insofar as the judgment is modified as to appellants Polachek and Sohnen, and votes to affirm the judgment without modification as to such appellants, with memorandum, in which Ughetta, J., concurs.
Judgment modified on the law and the facts so as to direct that appellants other than Di Pietrantonio be restored to good standing as members of respondent New York Association No. 88 of Masters and Mates of the National Organization Masters, Mates and Pilots of America, Inc., and to all rights as such members, to direct that appellant Di Pietrantonio be registered for work assignments in the offices of said respondent, and to direct that appellants other than Di Pietrantonio be restored to all rights as members of respondent National Organization Masters, Mates and Pilots of America, Inc. As so modified, judgment affirmed, with costs to appellants. Findings of fact, insofar as they may be inconsistent with the opinion herein, are reversed and new findings are made as indicated therein. Settle order on five days’ notice.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5697226. Public record. Not legal advice.