Syracuse Television, Inc. v. Channel 9, Syracuse Inc.

Appellate Division of the Supreme Court of New York

Syracuse Television, Inc. v. Channel 9, Syracuse Inc.

28 A.D.2d 638, 280 N.Y.S.2d 287, 1967 N.Y. App. Div. LEXIS 4236

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

DecidedMay 11, 1967

StatusPublished

This text of 28 A.D.2d 638 (Syracuse Television, Inc. v. Channel 9, Syracuse 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

Syracuse Television, Inc. v. Channel 9, Syracuse Inc., 28 A.D.2d 638, 280 N.Y.S.2d 287, 1967 N.Y. App. Div. LEXIS 4236 (N.Y. Ct. App. 1967).

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Opinion

Memorandum: The allegations of the complaint of breach of duties imposed on officers and directors by section 717 of the Business Corporation Law and executive committees by subdivision (e) of section 712 pursuant to the authorization for suit under section 721, merit a full and plenary trial and the issues should not be limited to whether the stockholders and directors ratified the actions of the defendants and voted to discontinue suits in good faith and with full knowledge of the facts. The issues as framed in the orders are not the determinative issues; hence the order should be reversed and defendants’ motions for summary judgment denied. (Appeal from orders of Onondaga Special Term denying motion for summary judgment, limiting issues for trial, in stockholders’ derivative action.) Present — 1 Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ. [52 Misc 2d 246.]

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Memorandum: The allegations of the complaint of breach of duties imposed on officers and directors by section 717 of the Business Corporation Law and executive committees by subdivision (e) of section 712 pursuant to the authorization for suit under section 721, merit a full and plenary trial and the issues should not be limited to whether the stockholders and directors ratified the actions of the defendants and voted to discontinue suits in good faith and with full knowledge of the facts. The issues as framed in the orders are not the determinative issues; hence the order should be reversed and defendants’ motions for summary judgment denied. (Appeal from orders of Onondaga Special Term denying motion for summary judgment, limiting issues for trial, in stockholders’ derivative action.) Present — 1 Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ. [52 Misc 2d 246.]

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Bluebook (online)

28 A.D.2d 638, 280 N.Y.S.2d 287, 1967 N.Y. App. Div. LEXIS 4236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syracuse-television-inc-v-channel-9-syracuse-inc-nyappdiv-1967.

Opinion

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