Miller v. Nemeroff

Appellate Division of the Supreme Court of New York

Miller v. Nemeroff

251 A.D. 707, 296 N.Y.S. 1000, 1937 N.Y. App. Div. LEXIS 7097

Appellate Division of the Supreme Court of the State of New York·Decided May 14, 1937·Published

Opinion

The complaint contains no allegation that the defendants have no president or that the manager is exercising the duties of the president. Orders unanimously reversed, with twenty dollars costs and disbursements, and the motions granted, with leave to the plaintiff to serve an amended complaint within twenty days after service of order with notice of entry, upon payment of said costs. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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The complaint contains no allegation that the defendants have no president or that the manager is exercising the duties of the president. Orders unanimously reversed, with twenty dollars costs and disbursements, and the motions granted, with leave to the plaintiff to serve an amended complaint within twenty days after service of order with notice of entry, upon payment of said costs. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Miller v. Nemeroff, 251 A.D. 707, 296 N.Y.S. 1000, 1937 N.Y. App. Div. LEXIS 7097 (N.Y. Ct. App. 1937).

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