Appellate Division of the Supreme Court of New York, 1942

Rothschild v. Chemacid Societe Anonyme

Rothschild v. Chemacid Societe Anonyme
Appellate Division of the Supreme Court of New York · Decided May 25, 1942
264 A.D. 796; 35 N.Y.S.2d 205; 1942 N.Y. App. Div. LEXIS 4765
Rothschild v. Chemacid Societe Anonyme

Opinion of the Court

In an action brought by stockholders on behalf of a corporation, order denying appellants’ motion to dismiss certain portions of the complaint for failure to state facts sufficient to constitute recoverable claims, in so far as appealed from, affirmed, with ten dollars costs and disbursements. The record is insufficient to decide the contention raised with respect to failure to plead the foreign law, and by this decision that contention is left open and undecided. On the facts presently appearing, the complaint states a cause of action based on acts committed within the jurisdiction. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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