Gildener v. Lynch

This is an application for an allowance of compensation for services rendered in a litigation in the nature of a stockholder’s derivative action, tried at Special Term in the March, 1945, term of court, the plaintiff being the ■ successful party therein. The defendant Lynch, a 50% stockholder in the corporation Lynch & Gildener, Inc., resists the application on the ground (1) that the plaintiff is not entitled to an allowance because the complaint did not specifically demand it, although the complaint did demand the costs of the action as well as such other and further relief as may be just…