Salzberg v. Cohen

261 A.D. 985, 26 N.Y.S.2d 485, 1941 N.Y. App. Div. LEXIS 8432

Opinion

In a representative action brought to recover the value of the good will and trade names of a dissolved corporation, alleged to have been wrongfully appropriated by its officers and directors in a conspiracy with others, order modified by striking out the first, third and fourth ordering paragraphs, and by striking from the second ordering paragraph the words “ causes of action numbered ‘ Fourth,’ ‘ Fifth,’ ‘ Sixth ’ and ‘ Seventh ’ of ” and the words “ and it is further.” As thus modified, the order, in so far as appealed from, is affirmed, with twenty dollars costs and disbursements to appellant, with leave to defendants to answer within ten days from the entry of the order hereon. The first cause of action sufficiently alleges a wrongful conspiracy by the defendants to misappropriate the good will and trade names of the corporation. (Godley v. Crandall & Codley Co., 212 N. Y. 121.) The second and third causes of action are sufficient under subdivision 2 of section 60 of the General Corporation Law. Lazansky» P. J., Carswell, Adel, Taylor and Close, JJ., concur.