Legal Opinion

Evangelista v. Longo

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

Decided May 31, 1961PublishedCited by 1 opinion

1Opinion of the Court

In a stockholder’s derivative action for an accounting and for other relief, defendants appeal from so much of an order of the Supreme Court, Queens County, dated November 3, 1960, as grants plaintiff’s motion to strike out, as patently insufficient in law, the first separate defense of estoppel and the third separate defense of “ unclean hands ” pleaded in defendants’ answer to the amended complaint. Order, insofar as appealed from, reversed, with $10 costs and disbursements; and, as to said first and third defenses, plaintiff’s motion is denied. Plaintiff, and the individual defendants…

2Cases cited3 opinions

  1. Capitol Wine & Spirit Corp. v. PokrassNew York Court of Appeals · 1951
  2. Diamond v. DiamondNew York Court of Appeals · 1954
  3. Ripley v. ColwellNew York Supreme Court · 1954

3Cited by1 opinion

  1. Szelega v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1990

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