Appellate Division of the Supreme Court of New York, 1978

Katz v. Cant

Katz v. Cant
Appellate Division of the Supreme Court of New York · Decided April 13, 1978
62 A.D.2d 935; 404 N.Y.S.2d 312; 1978 N.Y. App. Div. LEXIS 10943
Katz v. Cant

Opinion of the Court

Judgment, Supreme Court, New York County, entered November 29, 1977, unanimously reversed, on the law, and defendants-respondents’ motion to dismiss the amended complaint denied, with $60 costs and disbursements of this appeal to appellant; appeal from order of the same court, entered October 28, 1977, which granted the motion upon which that judgment was entered, unanimously dismissed, as *936subsumed in the judgment, without costs and without disbursements. Taking the allegations of the complaint at face value, as is to be done at this juncture, it does state a cause for the derivative relief which is sought in this shareholders’ suit. It may well be that the complaint will not survive a motion for summary judgment, but that is not our concern at this moment. Concur—Murphy, P. J., Birns, Fein, Markewich and Sullivan, JJ.

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