Lukach v. Blair
New York Supreme Court
Motion made on behalf of all the defendants except Mundy for judgment on the pleadings, consisting of complaint and answers thereto by all the defendants excepting Mnndy.
1Opinion of the Court
Gavegas, J.(1) It is evident from the complaint that the pleader desired to state a direct, individual cause of action in favor of the plaintiff; but it is also evident that in so far as plaintiff sues as a stockholder, the acts complained of would give rise to a derivative action. The alleged wrongful acts of the individual defendants so far as they injured the furnace company were such as would give the furnace company a cause of action. In seeking to enforce that right of action, plaintiff must rely on a derivative as distinguished from an individual or direct right of action. That the…
2Cases cited4 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Brock v. . PoorNew York Court of Appeals · 1915
- Steele v. IsmanAppellate Division of the Supreme Court of the State of New York · 1914
- Shalek v. Jetter Brewing Co.New York Supreme Court · 1915
3Cited by11 opinions
- Greyhound Corp. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1940
- Buckley v. 112 Central Park South, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Terry v. ZachryCourt of Appeals of Texas · 1954
- Vassardakis v. ParishDistrict Court, S.D. New York · 1941
- Pennington Trap Rock Co. v. Pennington Quarry Co.Supreme Court of New Jersey · 1944
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