Legal Opinion

In re Glasser

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1935Published

1Opinion of the Court

Order modified on the law by striking out the final ordering paragraph and as modified affirmed, without costs. Memorandum. We strike out the final ordering clause because it exceeds the power granted to the court by section 25 of the General Corporation Law under which both parties have assumed to proceed. (Matter of Ringler & Co., 204 N. Y. 30, 40; Matter of Washington Ave. Baptist Church, 215 App. Div. 529.) All concur. (The order adjudges the election of a treasurer and trustees invalid.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ. [150 Misc. 209.]

2Cases cited3 opinions

  1. In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
  2. In re the Petition to Supervise & Regulate the Election of Trustees of the Washington Avenue Baptist ChurchAppellate Division of the Supreme Court of the State of New York · 1926
  3. In re Louis Friedman & Brother, Inc.New York Supreme Court · 1933