Opinion
May 10, 1949.
Present — Peck, P.J., Glennon, Dore, Van Voorhis and Shientag, JJ.
The first three causes of action allege that the libels were uttered by the individual defendants in their "official capacity" as officers of defendants' unincorporated associations. The fourth cause of action omits even this characterization. No facts are alleged to show that the officers were acting within their authority or for the associations or under circumstances to make their libelous utterances binding on the associations. Indeed the allegation that the individuals were leaders of one faction of the brotherhood and that the libels were published in the course of an intra-union conflict casts doubt on the official character of the publications. The defendant Ladisky is not connected with the second and third causes of action. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion granted, with leave to the plaintiff to serve an amended complaint within ten days after service of the order, with notice of entry thereof, on payment of said costs.