New York Supreme Court, 1951

Downtown Harvard Lunch Club v. Racso, Inc.

Downtown Harvard Lunch Club v. Racso, Inc.
New York Supreme Court · Decided March 12, 1951 · Hammer
199 Misc. 618; 106 N.Y.S.2d 805; 1951 N.Y. Misc. LEXIS 2229

Counsel

Albert Felix and Allen S. Stim for defendants., William S. Beinecke and Edward J. Madden for plaintiff.

Downtown Harvard Lunch Club v. Racso, Inc.

Opinion of the Court

Hammer, J.

This motion for an order pursuant to rule 106 of the Eules of Civil Practice dismissing the amended complaint as to the defendant Tucci is granted. A director or officer of a corporation may not be held liable where his corporation has been allegedly induced by him to violate its contractual obligation (see Greyhound Corp. v. Commercial Cas. Ins. Co., 259 App. Div. 317, and J. E. Brulatour, Inc., v. Wilmer & Vincent Corp., 63 N. Y. S. 2d 54). Settle order.

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