Legal Opinion
Handler v. Belmar Lighting Co.
New York Supreme Court
Decided October 23, 1957PublishedCited by 2 opinions
1Opinion of the CourtJacob J. Schwartzwald, J.
Plaintiffs move under subdivision 4 of rule 109 of the Rules of Civil Practice to strike out and dismiss defendants’ first and second defenses and counterclaims on the ground that the same may not properly be interposed in this action.
Plaintiffs claim that they brought this suit in a representative capacity as stockholders and as directors, and that under such circumstances the defendants may not interpose defenses and counterclaims against them in their individual capacity.
Defendants contend that they have a right to question the plaintiffs’ alleged position as being representative in nature…
2Cases cited10 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Cox v. . StokesNew York Court of Appeals · 1898
- Wangrow v. WangrowAppellate Division of the Supreme Court of the State of New York · 1924
- Manix v. FantlAppellate Division of the Supreme Court of the State of New York · 1924
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3Cited by2 opinions
- Tenney v. RosenthalNew York Court of Appeals · 1959
- Gresov v. Shattuck Denn Mining Corp.New York Supreme Court · 1963