Appellate Division of the Supreme Court of New York, 1947

Lennan v. Blakeley

Lennan v. Blakeley
Appellate Division of the Supreme Court of New York · Decided December 22, 1947
273 A.D. 767; 75 N.Y.S.2d 331; 1947 N.Y. App. Div. LEXIS 3058
Lennan v. Blakeley

Opinion of the Court

The complaint sufficiently alleges facts which if established may warrant the granting of equitable relief. The allegations indicate that in disregard of the rights of the stockholders the directors are continuing the existence of the corporation for the sole purpose of benefiting those in control of the corporation at the expense of the other stockholders. Order unanimously affirmed, with $20 costs and disbursements, with leave to the defendants to answer within ten days after service of the order, with notice of entry thereof, on payment of said costs. Present — Glennon, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ. [See post, p. 846.]

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