Katz v. Cant

Appellate Division of the Supreme Court of New York

Katz v. Cant

62 A.D.2d 935, 404 N.Y.S.2d 312, 1978 N.Y. App. Div. LEXIS 10943

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

DecidedApril 13, 1978

StatusPublished

This text of 62 A.D.2d 935 (Katz v. Cant) 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

Katz v. Cant, 62 A.D.2d 935, 404 N.Y.S.2d 312, 1978 N.Y. App. Div. LEXIS 10943 (N.Y. Ct. App. 1978).

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Opinion

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 [936]*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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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 [936]*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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Bluebook (online)

62 A.D.2d 935, 404 N.Y.S.2d 312, 1978 N.Y. App. Div. LEXIS 10943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katz-v-cant-nyappdiv-1978.