David Abraham’s lawsuit against the Diamond Dealers Club contesting last year’s presidential election was dismissed last week by the New York State Supreme Court.
Abraham, the club’s former vice president, in February 2009 asked the Court to invalidate a December 2008 referendum that repealed the Club’s traditional term limits. The referendum passed by three votes, and allowed then-DDC president Jacob Banda to win re-election to an unprecedented fifth term.
Banda died in October 2009 and was eventually succeeded by vice president Moshe Mosbacher.
The case was decided on a single question: Should members who didn’t pay their dues be allowed to vote in the term limit referendum, since non-payment of dues traditionally means a member faces suspension? The court ruled that the members in question had not received suspension notices and therefore “could not be considered ineligible to vote.”
“In sum,” the court said, “Abraham has not shown a valid basis for invalidating the vote on December 4, 2008, approving the proposed amendments to DDC’s by-laws.”