Schwarz v. General Aniline & Film Corp.

I.cannot agree that the lone circumstance that petitioner’s legal expenses were incurred in defending a criminal, rather than a civil, antitrust proceeding removes his claim from the compass of section 64 of the General Corporation Law. Both the language and the design of that statute point the conclusion — apparently adopted by all the judges who passed upon the case below •— that that factor does not, in and of itself, constitute a bar to reimbursement.

Nor do I believe that such recompense is proscribed on the further ground — not considered by the court (opinion of Desmond, J., pp.…