Sherman v. P & Q Shops, Inc.

Appellate Division of the Supreme Court of New York

Sherman v. P & Q Shops, Inc.

277 A.D.2d 781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 8, 1950

StatusPublished

This text of 277 A.D.2d 781 (Sherman v. P & Q Shops, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherman v. P & Q Shops, Inc., 277 A.D.2d 781 (N.Y. Ct. App. 1950).

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Opinion

An an action by a stockholder, purporting to allege eight causes of action on her own behalf and on behalf of the corporation, against directors and officers of the corporation, and other defendants, plaintiff appeals by separate notices of appeal from three orders. Said orders grant motions by various of the defendants to dismiss the “ First ”, “ Fourth ”, “ Fifth ” and “ Eighth ” causes of action, as barred by the Statute of Limitations (Civ. Prac. Act, § 48, subd. 8); to dismiss the "Seventh" cause of action for failure to state facts sufficient to constitute a cause of action, to strike out certain paragraphs of the complaint as irrelevant, repetitious or otherwise improper (paragraphs “ Twenty-ninth ”, “ Fortieth ”, “ Fifty-eighth ”, “ Forty-second ”, “ Forty-third” and "Forty-fourth”); and to dismiss the complaint in its entirety as against the defendants Goodman, Price and Berson. Orders affirmed, with one bill of $10 costs and disbursements. Appellant may plead over, if so advised, [782]*782except insofar as such pleading may be restricted by the order of the Supreme Court, dated July 25, 1949, as modified by this court (see Sherman v. P & Q Shops, Inc., ante, p. 781, decided herewith), within twenty days after service of the order to be entered hereon. No opinion. Nolan, P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.

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An an action by a stockholder, purporting to allege eight causes of action on her own behalf and on behalf of the corporation, against directors and officers of the corporation, and other defendants, plaintiff appeals by separate notices of appeal from three orders. Said orders grant motions by various of the defendants to dismiss the “ First ”, “ Fourth ”, “ Fifth ” and “ Eighth ” causes of action, as barred by the Statute of Limitations (Civ. Prac. Act, § 48, subd. 8); to dismiss the "Seventh" cause of action for failure to state facts sufficient to constitute a cause of action, to strike out certain paragraphs of the complaint as irrelevant, repetitious or otherwise improper (paragraphs “ Twenty-ninth ”, “ Fortieth ”, “ Fifty-eighth ”, “ Forty-second ”, “ Forty-third” and "Forty-fourth”); and to dismiss the complaint in its entirety as against the defendants Goodman, Price and Berson. Orders affirmed, with one bill of $10 costs and disbursements. Appellant may plead over, if so advised, [782]*782except insofar as such pleading may be restricted by the order of the Supreme Court, dated July 25, 1949, as modified by this court (see Sherman v. P & Q Shops, Inc., ante, p. 781, decided herewith), within twenty days after service of the order to be entered hereon. No opinion. Nolan, P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

277 A.D.2d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-p-q-shops-inc-nyappdiv-1950.