Rothschild v. Chemacid Societe Anonyme

Appellate Division of the Supreme Court of New York

Rothschild v. Chemacid Societe Anonyme

264 A.D. 796, 35 N.Y.S.2d 205, 1942 N.Y. App. Div. LEXIS 4765

Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1942·Published

Opinion

In an action brought by stockholders on behalf of a corporation, order denying appellants’ motion to dismiss certain portions of the complaint for failure to state facts sufficient to constitute recoverable claims, in so far as appealed from, affirmed, with ten dollars costs and disbursements. The record is insufficient to decide the contention raised with respect to failure to plead the foreign law, and by this decision that contention is left open and undecided. On the facts presently appearing, the complaint states a cause of action based on acts committed within the jurisdiction. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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In an action brought by stockholders on behalf of a corporation, order denying appellants’ motion to dismiss certain portions of the complaint for failure to state facts sufficient to constitute recoverable claims, in so far as appealed from, affirmed, with ten dollars costs and disbursements. The record is insufficient to decide the contention raised with respect to failure to plead the foreign law, and by this decision that contention is left open and undecided. On the facts presently appearing, the complaint states a cause of action based on acts committed within the jurisdiction. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

Rothschild v. Chemacid Societe Anonyme, 264 A.D. 796, 35 N.Y.S.2d 205, 1942 N.Y. App. Div. LEXIS 4765 (N.Y. Ct. App. 1942).

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