Kavanaugh v. . Kavanaugh Knitting Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1918, which affirmed an order of Special Term granting a motion by defendants for judgment in their favor upon the pleadings and directing a dismissal of the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
1Opinion of the CourtCollin, J.
The plaintiff, a minority stockholder in the defendant corporation, seeks a judgment enjoining the individual defendants, as directors of and majority stockholders in the corporation, from continuing the proceeding instituted, by the resolution of the directors, under section 221 of the General Corporation Law (Cons. Laws, ch. 23) to dissolve the corporation and declaring void the resolution. The Special Term, upon the application of the defendants, made upon the pleadings, by its order, which the Appellate Division has' affirmed, dismissed his complaint. The question certified to this court…
2Cases cited13 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Hawes v. OaklandSupreme Court of the United States · 1882
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
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3Cited by117 opinions
- International Bankers Life Insurance Co. v. HollowayTexas Supreme Court · 1963
- Donahue v. Rodd Electrotype Co. of New England, Inc.Massachusetts Supreme Judicial Court · 1975
- Goldberg v. MeridorCourt of Appeals for the Second Circuit · 1977
- Alpert v. 28 Williams Street Corp.New York Court of Appeals · 1984
- Rusyniak v. GensiniDistrict Court, N.D. New York · 2009
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