Legal Opinion

Shapolsky v. Shapolsky

New York Supreme Court

Decided December 20, 1966PublishedCited by 10 opinions

1Opinion of the CourtThomas C. Chimera, J.

This is a motion by defendants pursuant to CPLB, 3211 (subd. [a], pars. 5, 7; and subd. [c]) to dismiss each of the 24 causes of action of this third amended complaint on the grounds that each fails to state a cause of action, among other reasons, (1) that the plaintiff has no individual right which he may assert but at most' a derivative stockholder’s right in behalf of the several corporation defendants; (2) that the applicable Statute of Limitations has run against each cause of action; and (3) that plaintiff’s allegations asserting an alleged partnership agreement with defendant Harry…

2Cases cited7 opinions

  1. Kendig v. DeanSupreme Court of the United States · 1878
  2. Rubenstein v. SmallAppellate Division of the Supreme Court of the State of New York · 1947
  3. Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
  4. Rhodes v. Little Falls Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1930
  5. Rhodes v. Little Falls Dairy Company, Inc.New York Court of Appeals · 1931

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3Cited by10 opinions

  1. Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006
  2. Fifty States Management Corp. v. Niagara Permanent Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
  3. Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2007
  4. Saxe, Bacon & Bolan, P.C. v. Martindale-Hubbell, Inc.District Court, S.D. New York · 1981
  5. MK West Street Co. v. Meridien Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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