In re the Election of Directors of Doeskin Products, Inc.

Valente, J. (dissenting).

We dissent. We cannot agree that the Supreme Court is impotent to act under section 25 of the General Corporation Law to set aside an election of directors upon the basis of the allegations of the petition herein. Since a motion was made to dismiss the petition, pursuant to section 1293 of the Civil Practice Act, we must assume that petitioner can establish the truth of his allegations.

*47Those allegations challenge the election of directors at the stockholders’ meeting held on April 29, 1958 on the ground there was no quorum present for the transaction of business. The…