Legal Opinion

Elias v. Artistic Paper Box Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1967PublishedCited by 9 opinions

1Opinion of the CourtSamuel Rabin, J.

The principal question presented is whether it was proper for Special Term to consolidate an action with a special proceeding. A subsidiary question involves the right to conduct an examination before trial in a stockholders’ derivative action.

The facts are not in dispute. On May 1, 1963, Charles S. Greene, David Elias and two others, as the sole stockholders of Artistic Paper Box Co., Inc., signed a stockholders’ agreement. The agreement provided that there shall be unanimous consent of the signatories thereto ‘‘ upon all matters of policy relating to the operation of the business” and…

2Cases cited5 opinions

  1. Miller v. BaillardAppellate Division of the Supreme Court of the State of New York · 1908
  2. Mayor v. . CoffinNew York Court of Appeals · 1882
  3. In re the Arbitration between Big W. Construction Corp. & HorowitzAppellate Division of the Supreme Court of the State of New York · 1951
  4. In re the Accounting of SalkinNew York Supreme Court · 1957
  5. Hanft v. HanftNew York Supreme Court · 1965

3Cited by9 opinions

  1. Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Lemp v. Town BoardNew York Supreme Court · 1977
  3. Resnick v. Karmax Camp Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Cardo v. Safeway Concrete Co.Appellate Division of the Supreme Court of the State of New York · 1979
  5. Fleck v. PuttermanAppellate Division of the Supreme Court of the State of New York · 1978

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