Legal Opinion
Society Milion Athena, Inc. v. National Bank of Greece
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1938PublishedCited by 7 opinions
1Per curiam
Although we are of the opinion that the action cannot be maintained by the plaintiffs in a representative capacity, the motion to dismiss the complaint as not stating facts sufficient to constitute a cause of action must be denied for the reason that the plaintiffs have stated a cause of action “ in their own behalf.” The Court of Appeals so held in Brenner v. Title Guarantee & Trust Co. (276 N. Y. 230), where the first question certified was answered in the affirmative.
The question, whether the action is maintainable in equity rather than at law, cannot be decided on this motion to dismiss…
2Cases cited5 opinions
- Brenner v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Superior Brassiere Co. v. ZimetbaumAppellate Division of the Supreme Court of the State of New York · 1925
- A. L. Gosselin Corp. v. Mario Tapparelli Fu Pietro of America, Inc.New York Court of Appeals · 1920
- Gillespie v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Gelfand v. Tanner Motor Tours, Ltd.Court of Appeals for the Second Circuit · 1964
- Rabinowitz v. Kaiser-Frazer Corp.Appellate Division of the Supreme Court of the State of New York · 1950
- Brown v. Father DivineNew York Supreme Court · 1940
- Boryk v. Aerolineas ArgentinasDistrict Court, S.D. New York · 1964
- Lubin v. Sydenham Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1941
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