Gottfried v. Gottfried
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
In this stockholders’ derivative action defendants have attacked the complaint on three grounds, viz.: (1) that *416plaintiffs do not have the legal capacity to sue; (2) that'the claims sued on have been released; and (3) that some of the causes of action are barred by the Statute of Limitations.
We affirm the denial by Special Term of the relief sought under the first two branches of the motion. We find that there are preliminary issues of fact required to be disposed of before the legal questions raised upon these branches of the motion may be determined.
We deem, however, that the remaining…
2Cases cited13 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Potter v. WalkerNew York Court of Appeals · 1937
- Quintal v. KellnerNew York Court of Appeals · 1934
- Jno. Dunlop's Sons, Inc. v. SpurrNew York Court of Appeals · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Rutkin v. ReinfeldCourt of Appeals for the Second Circuit · 1956
- Carr v. LipshieAppellate Division of the Supreme Court of the State of New York · 1959
- Williams v. Illinois Central RailroadSupreme Court of Missouri · 1950
- Tri-State Chemicals, Inc. v. Western Organics, Inc., Texas Court of Appeals, 7th District (Amarillo)2002
- Rutkin v. ReinfeldCourt of Appeals for the Second Circuit · 1956
34 more not listed; retrieve them via the Exa API.