Greenfield v. Denner

Breitel, J. (dissenting).

I find it necessary to dissent from the conclusions reached and the reasoning adopted by the majority.

*269In the first place, if the first cause of action is for damage to plaintiff’s “investment”, then, by definition, all damage to the investment is damage to the corporation, and the derivative cause of action in the complaint provides unrestricted scope to assess and recover that damage. This seems to be the uniform teaching of the authorities (Gordon v. Elliman, 306 N. Y. 456, 466; Kavanaugh v. Commonwealth Trust Co., 181 N. Y. 121, 124; Niles v. New York Cent. &…