Berger v. Mook

An action had been instituted in this court to which all of the stockholders of a Connecticut corporation authorized to do business here were parties. That action involved an underlying stockholders’ agreement and the validity of two voting provisions therein contained and the by-laws adopted pursuant thereto. The action went to judgment declaring the provisions and by-laws invalid, and the judgment was affirmed by the Appellate Division (8 A D 2d 793) and further by the Court of Appeals (6 N Y 2d 833). Thereafter, these defendants commenced a second action in the State of Connecticut…