Legal Opinion

Levine v. Behn

New York Supreme Court

Decided October 7, 1938PublishedCited by 7 opinions

1Opinion of the CourtShientag, J.

The motion is by the defendants for summary judgment dismissing the complaint. The action is a stockholders’ derivative suit against certain directors of the National City Bank of New York maintained for the benefit of the bank. These directors are being sued because they settled a lawsuit and it is claimed that in so doing they acted negligently, in bad faith, with a reckless.disregard of the merits of the action and that the settlement was a misapplication of the assets of the bank for wholly *603illegal and improper purposes. The lawsuit that was settled was instituted by James P. T. O’Connor,…

2Cases cited17 opinions

  1. Leslie v. . LorillardNew York Court of Appeals · 1888
  2. First Nat. Bank of Charlotte v. National Exchange Bank of BaltimoreSupreme Court of the United States · 1876
  3. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  4. Lederer v. Wise Shoe Co.New York Court of Appeals · 1938
  5. Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902

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3Cited by7 opinions

  1. Hull v. Brandywine Fibre Products Co.District Court, D. Delaware · 1954
  2. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2013
  3. Chance v. Guaranty Trust Co.New York Supreme Court · 1939
  4. Cross v. CrossNew York Supreme Court · 1941
  5. Levine v. BehnNew York Supreme Court · 1940

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