Rubel Corp. v. Frank Tursellino & Co.

Appellate Division of the Supreme Court of New York

Rubel Corp. v. Frank Tursellino & Co.

263 A.D. 948, 33 N.Y.S.2d 817, 1942 N.Y. App. Div. LEXIS 7530

Appellate Division of the Supreme Court of the State of New York·Decided February 27, 1942·Published

Opinion

Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within ten days after service of order, on payment of said costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents on the ground that the action being one by a vendee for specific performance of an agreement to sell all the real and personal property of a corporate vendor the plaintifi is required to allege in its complaint that the consent required under section 20 of the Stock Corporation Law had been secured.

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Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within ten days after service of order, on payment of said costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents on the ground that the action being one by a vendee for specific performance of an agreement to sell all the real and personal property of a corporate vendor the plaintifi is required to allege in its complaint that the consent required under section 20 of the Stock Corporation Law had been secured.

Rubel Corp. v. Frank Tursellino & Co., 263 A.D. 948, 33 N.Y.S.2d 817, 1942 N.Y. App. Div. LEXIS 7530 (N.Y. Ct. App. 1942).

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263 A.D. 948 (Rubel Corp. v. Frank Tursellino & Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.