Leight v. 551 Fifth Avenue, Inc.

Order entered on March 28, 1962, granting defendants’ motion to dismiss the complaint for insufficiency, and the judgment entered thereon on April 3, 1962, unanimously reversed on the law, with costs to appellants, and the motion to dismiss denied, with $10 costs. Plaintiffs, as preferred stockholders of defendant 551 Fifth Avenue, Inc. — the oyner of the Fred F, French Building at 45th Street and Fifth Avenue, Manhattan -—seek a decree, on their own behalf and other preferred stockholders similarly situated, requiring the directors of the corporation to file a petition for, its dissolution.…