Denmark Cheese Ass'n v. Hazard Advertising Co.

Appellate Division of the Supreme Court of New York

Denmark Cheese Ass'n v. Hazard Advertising Co.

33 A.D.2d 761, 305 N.Y.S.2d 1019, 1969 N.Y. App. Div. LEXIS 2589

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

DecidedDecember 11, 1969

StatusPublished

Cited by5 cases

This text of 33 A.D.2d 761 (Denmark Cheese Ass'n v. Hazard Advertising Co.) 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

Denmark Cheese Ass'n v. Hazard Advertising Co., 33 A.D.2d 761, 305 N.Y.S.2d 1019, 1969 N.Y. App. Div. LEXIS 2589 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered March 27, 1969, unanimously modified, on the law so as to confirm the report of the Special Referee in its entirety and deny defendant’s motion to dismiss the complaint as amended, with $50 costs and disbursements to appellant. Defendant moved to dismiss the complaint for plaintiff’s failure to file a certificate of designation pursuant to the General Associations Law. Special Term directed a reference to hear and report, inter alia, whether plaintiff was required to file such certificate pursuant to section 18 of said law. On the record before us we agree with the Referee’s findings that plaintiff issues no shares or certificates representing shares and that it does not operate for profit. Plaintiff is neither a “ joint stock association ” nor a “ business trust ” as defined in subdivisions 1 and 2 of section 2 of the General Associations Law and defendant’s motion to dismiss the complaint should have been denied. Concur — Capozzoli, J. P., Tilzer, McGivern, Markewieh and Nunez, JJ.

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Order entered March 27, 1969, unanimously modified, on the law so as to confirm the report of the Special Referee in its entirety and deny defendant’s motion to dismiss the complaint as amended, with $50 costs and disbursements to appellant. Defendant moved to dismiss the complaint for plaintiff’s failure to file a certificate of designation pursuant to the General Associations Law. Special Term directed a reference to hear and report, inter alia, whether plaintiff was required to file such certificate pursuant to section 18 of said law. On the record before us we agree with the Referee’s findings that plaintiff issues no shares or certificates representing shares and that it does not operate for profit. Plaintiff is neither a “ joint stock association ” nor a “ business trust ” as defined in subdivisions 1 and 2 of section 2 of the General Associations Law and defendant’s motion to dismiss the complaint should have been denied. Concur — Capozzoli, J. P., Tilzer, McGivern, Markewieh and Nunez, JJ.

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Bluebook (online)

33 A.D.2d 761, 305 N.Y.S.2d 1019, 1969 N.Y. App. Div. LEXIS 2589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denmark-cheese-assn-v-hazard-advertising-co-nyappdiv-1969.

Opinion

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