Auerbach v. Bennett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hopkins, J. P.
Questions peculiar to corporate derivative actions are presented by this appeal. The first and fundamental question raises the standing of the appellant, Stanley Wallenstein, to take the appeal in an action in which he is not a party, although he is a stockholder in the corporation for whose benefit the action was brought by the plaintiff, Auerbach, who is also a stockholder and did not take an appeal. The second question (which arises only if Wallenstein is recognized as an appellant) enters the merits of the action and is addressed to the propriety of the…
2Cases cited16 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Kavanaugh v. . Kavanaugh Knitting Co.New York Court of Appeals · 1919
- Barr v. WackmanNew York Court of Appeals · 1975
- Abrams v. AllenNew York Court of Appeals · 1947
- Terranova v. EmilNew York Court of Appeals · 1967
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Auerbach v. BennettNew York Court of Appeals · 1979
- Samuel M. Feinberg Testamentary Trust v. CarterDistrict Court, S.D. New York · 1987
- Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Rosengarten v. International Telephone & Telegraph Corp.District Court, S.D. New York · 1979
- Parkoff v. General Telephone & Electronics Corp.New York Court of Appeals · 1981
18 more not listed; retrieve them via the Exa API.