Malkenson v. Journal-News Corp.

We think the allegations of the complaint were sufficient to require an exercise of the court’s discretion under rule 212 of the Rules of Civil Practice (Civ. Prac. Act, § 473) and that the court erred in dismissing the complaint “ upon the law ” (Rockland Light and Power Co. v. City of New York, 289 N. Y. 45). There is nothing upon the face of the contract to indicate an illegal invasion of the powers of the directors. What the plaintiff sought was a declaration of legal rights flowing from acts of the directors. The Appellate Division having reversed and dismissed the complaint upon the…