Glass v. Steinberg

*778All findings of fact are affirmed. Conclusions of law 11, 13 and 19 are modified in accordance with the modifications of the judgment. In the absence of seasonable warning that counsel fees and expenses would be sought to be charged against the individual defendants, they should not have been held to payment thereof. (Godley v. Crandall & Godley Co., 212 N. Y. 121, 137.) Moreover, until benefit to the corporation is established to have resulted from the litigation, it should not be charged with counsel fees and expenses. (Masholie v. Salvator, 269 App. Div. 846.) Until the corporation accepts…