Unanue v. Goya Foods, Inc.

Appellate Division of the Supreme Court of New York

Unanue v. Goya Foods, Inc.

34 A.D.2d 767, 311 N.Y.S.2d 262, 1970 N.Y. App. Div. LEXIS 4805

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

DecidedMay 19, 1970

StatusPublished

This text of 34 A.D.2d 767 (Unanue v. Goya Foods, 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

Unanue v. Goya Foods, Inc., 34 A.D.2d 767, 311 N.Y.S.2d 262, 1970 N.Y. App. Div. LEXIS 4805 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order entered September 25, 1969, denying defendants’ motion for summary judgment unanimously reversed on the law, with $50 costs and disbursements to appellants, motion granted and complaint dismissed, without prejudice to the right of plaintiff to move at Special Term for leave to serve a supplemental complaint. The complaint sought to restrain permanently the holding of shareholders’ meetings of the respective defendant corporations. Temporary restraint was denied and the meetings have been held. It follows that the issues presented by the pleading have become moot. The relief, if any, plaintiff may be entitled to receive, should be sought by way of a supplemental complaint. Concur—-McGivern, J. P., Markewich, Steuer and Bastow, JJ.

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Order entered September 25, 1969, denying defendants’ motion for summary judgment unanimously reversed on the law, with $50 costs and disbursements to appellants, motion granted and complaint dismissed, without prejudice to the right of plaintiff to move at Special Term for leave to serve a supplemental complaint. The complaint sought to restrain permanently the holding of shareholders’ meetings of the respective defendant corporations. Temporary restraint was denied and the meetings have been held. It follows that the issues presented by the pleading have become moot. The relief, if any, plaintiff may be entitled to receive, should be sought by way of a supplemental complaint. Concur—-McGivern, J. P., Markewich, Steuer and Bastow, JJ.

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Bluebook (online)

34 A.D.2d 767, 311 N.Y.S.2d 262, 1970 N.Y. App. Div. LEXIS 4805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unanue-v-goya-foods-inc-nyappdiv-1970.