Cleary v. Kenny Scow Corp.

Appellate Division of the Supreme Court of New York

Cleary v. Kenny Scow Corp.

51 A.D.2d 567, 378 N.Y.S.2d 476, 1976 N.Y. App. Div. LEXIS 10839

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 567 (Cleary v. Kenny Scow Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cleary v. Kenny Scow Corp., 51 A.D.2d 567, 378 N.Y.S.2d 476, 1976 N.Y. App. Div. LEXIS 10839 (N.Y. Ct. App. 1976).

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Opinion

In an action inter alia to impress a trust on certain property in favor of the defendant corporation and for an accounting, (1) defendants Kenny Scow Corp., John A. Kenny, Louis Kenny and Marie Cotter appeal from a judgment of the Supreme Court, Kings County, dated July 29, 1975, after a nonjury trial, which, inter alia, ordered defendant John A. Kenny to cease his appropriation of funds of Kenny Scow Corp., from any source, in the form of salary payments, and (2) plaintiff cross-appeals from so much of the judgment as failed to include therein certain provisions which were contained in the judgment submitted to Special Term for signature. Judgment affirmed, without costs. We agree with the main thrust of the decision at Special Term. The Kenny Scow Corp. has not earned profits for a number of years and the only one who has apparently benefited from this situation is defendant John A. Kenny who, for many years, drew a salary from the corporation. The dissolution directed (in the sixth paragraph of the judgment as submitted) was entirely warranted under the facts of this case. (We note that plaintiff incorrectly asserts that said paragraph had been stricken from the proposed judgment submitted to Special Term for signature.) Furthermore, we see no reason to add to or disturb the other provisions of the judgment. Rabin, Acting P. J., Latham, Margett, Christ and Shapiro, JJ., concur.

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In an action inter alia to impress a trust on certain property in favor of the defendant corporation and for an accounting, (1) defendants Kenny Scow Corp., John A. Kenny, Louis Kenny and Marie Cotter appeal from a judgment of the Supreme Court, Kings County, dated July 29, 1975, after a nonjury trial, which, inter alia, ordered defendant John A. Kenny to cease his appropriation of funds of Kenny Scow Corp., from any source, in the form of salary payments, and (2) plaintiff cross-appeals from so much of the judgment as failed to include therein certain provisions which were contained in the judgment submitted to Special Term for signature. Judgment affirmed, without costs. We agree with the main thrust of the decision at Special Term. The Kenny Scow Corp. has not earned profits for a number of years and the only one who has apparently benefited from this situation is defendant John A. Kenny who, for many years, drew a salary from the corporation. The dissolution directed (in the sixth paragraph of the judgment as submitted) was entirely warranted under the facts of this case. (We note that plaintiff incorrectly asserts that said paragraph had been stricken from the proposed judgment submitted to Special Term for signature.) Furthermore, we see no reason to add to or disturb the other provisions of the judgment. Rabin, Acting P. J., Latham, Margett, Christ and Shapiro, JJ., concur.

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Bluebook (online)

51 A.D.2d 567, 378 N.Y.S.2d 476, 1976 N.Y. App. Div. LEXIS 10839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleary-v-kenny-scow-corp-nyappdiv-1976.

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