Opinion
March 14, 1950.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ.;
Order affirmed, with $20 costs and disbursements to plaintiffs-respondents. The allegations of the second amended complaint indicate that all plaintiffs are members of the American Guild of Variety Artists and plaintiffs contend that is the scope and intent of the allegations. It should be so construed on this motion addressed to the face of said complaint. If the facts are to the contrary and defendants can show such, they may make any motion they are advised to make on such showing.
The only reasonable interpretation of the allegations of the second amended complaint is that the ten plaintiffs named in paragraphs "2" and "3" thereof, except plaintiff William H. Cronin, are not members of the defendant American Guild of Variety Artists, an unincorporated association. So construed, the complaint fails to set forth a cause of action in behalf of any of said ten plaintiffs. Moreover, as none of those plaintiffs is a member of the association, nor is any one of them its president or treasurer, said plaintiffs cannot sue in the association's behalf (General Associations Law, § 12).