Gmerek v. Scrivner, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that plaintiff Carl S. Gmerek lacks standing, as a shareholder, to sue on the basis of injury to the corporate plaintiffs (see, New Castle Siding Co. v Wolfson, 97 AD2d 501, affd 63 NY2d 782) and that plaintiff Klein’s Elm-wood Foods, Inc., lacks standing, as an individual partner in Gmerek’s Foods, to assert causes of action belonging to the partnership itself. "[I]t is settled that a partnership cause of action belongs only to the…
2Cases cited9 opinions
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- New Castle Siding Co. v. WolfsonAppellate Division of the Supreme Court of the State of New York · 1983
- New Castle Siding Co. v. WolfsonNew York Court of Appeals · 1984
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3Cited by10 opinions
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- Handelsman v. Bedford Village Associates Ltd. PartnershipCourt of Appeals for the Second Circuit · 2000
- Banks v. Correctional Services Corp.District Court, E.D. New York · 2007
- Maltz v. Union Carbide Chemicals & Plastics Co.District Court, S.D. New York · 1998
5 more not listed; retrieve them via the Exa API.