Ray v. Irving Subway Grating Co.

New York Supreme Court

Ray v. Irving Subway Grating Co.

16 Misc. 2d 1088, 182 N.Y.S.2d 951, 1958 N.Y. Misc. LEXIS 2133

CourtNew York Supreme Court

DecidedDecember 18, 1958

StatusPublished

Cited by2 cases

This text of 16 Misc. 2d 1088 (Ray v. Irving Subway Grating Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ray v. Irving Subway Grating Co., 16 Misc. 2d 1088, 182 N.Y.S.2d 951, 1958 N.Y. Misc. LEXIS 2133 (N.Y. Super. Ct. 1958).

Pincite

Opinion

Mabio Pittoni, J.

The petitioner applies for an injunction pendente lite to restrain the holding of a special meeting of the stockholders of the corporation.

The petition must be denied.

First, the courts are reluctant to interfere by injunction with the internal affairs of corporations and, second, injunctive relief is a harsh remedy that should be granted only where the applicant has established a clear right to such a remedy and has shown irremedial harm if the injunction is denied. The petitioner has failed to show these requisites. (La Vin v. La Vin, 36 N Y S 2d 235 [Froessel, J.]; see, also, Matter of La Vin, 37 N Y S 2d 161 [Froessel, J.]; Salerno v. J. S. Painting Corp., 12 Misc 2d 856.)

If an illegal or improper act on the part of the respondents does take place they act at their peril. In any event, the petitioner has other remedies under our laws. For example, there is section 25 of the General Corporation Law, a suit for wasted assets, a stockholder’s derivative action, and others not necessary to mention at this time.

Furthermore, no authority for the present proceeding has been found by the court or cited by the petitioner. In this respect the valid commencement of an action is an indispensable requisite to the granting of a temporary injunction. (Evans v. Evans, 273 App. Div. 895 [2d Dept.]; Civ. Prac. Act, § 877.) The fact that an action may have been commenced in another jurisdiction does not satisfy the above requirement. (See Barnes v. Andrews, 208 App. Div. 856.)

The petition is therefore denied. Submit order.

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Mabio Pittoni, J.

The petitioner applies for an injunction pendente lite to restrain the holding of a special meeting of the stockholders of the corporation.

The petition must be denied.

First, the courts are reluctant to interfere by injunction with the internal affairs of corporations and, second, injunctive relief is a harsh remedy that should be granted only where the applicant has established a clear right to such a remedy and has shown irremedial harm if the injunction is denied. The petitioner has failed to show these requisites. (La Vin v. La Vin, 36 N Y S 2d 235 [Froessel, J.]; see, also, Matter of La Vin, 37 N Y S 2d 161 [Froessel, J.]; Salerno v. J. S. Painting Corp., 12 Misc 2d 856.)

If an illegal or improper act on the part of the respondents does take place they act at their peril. In any event, the petitioner has other remedies under our laws. For example, there is section 25 of the General Corporation Law, a suit for wasted assets, a stockholder’s derivative action, and others not necessary to mention at this time.

Furthermore, no authority for the present proceeding has been found by the court or cited by the petitioner. In this respect the valid commencement of an action is an indispensable requisite to the granting of a temporary injunction. (Evans v. Evans, 273 App. Div. 895 [2d Dept.]; Civ. Prac. Act, § 877.) The fact that an action may have been commenced in another jurisdiction does not satisfy the above requirement. (See Barnes v. Andrews, 208 App. Div. 856.)

The petition is therefore denied. Submit order.

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Bluebook (online)

16 Misc. 2d 1088, 182 N.Y.S.2d 951, 1958 N.Y. Misc. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-irving-subway-grating-co-nysupct-1958.

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