Dresdner v. Goldman Sachs Trading Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDavis, J.
The motions by separate defendants to dismiss the complaint under subdivision 4 of rule 107 of the Rules of Civil Practice have been granted. The grounds of the dismissal were that there was another action pending — not literally “ between the same parties for the same cause ”— but on the theory that the cause of action was derivative and that basically it was the same as in a prior action although the nominal parties plaintiff were different.
The complaint alleges, in brief, that the plaintiffs are stockholders of the defendant corporation; that the individual defendants are directors who…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Hawes v. OaklandSupreme Court of the United States · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Isaac v. MarcusNew York Court of Appeals · 1932
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Parkoff v. General Telephone & Electronics Corp.New York Court of Appeals · 1981
- Schnitzer v. O'CONNORAppellate Court of Illinois · 1995
- Auerbach v. BennettAppellate Division of the Supreme Court of the State of New York · 1978
- Murphy v. North American Light & Power Co.District Court, S.D. New York · 1940
- Klurfeld v. Equity Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
23 more not listed; retrieve them via the Exa API.