Lait v. Leon
New York Supreme Court
1Opinion of the CourtHarold Tessler, J.
In a stockholders’ derivative suit, the defendants move to strike paragraphs 10 through 18 of the complaint and the complaint in its entirety for legal insufficiency. The plaintiffs cross-move to dismiss the primary motion on the ground that the defendants are stayed in all proceedings pursuant to section 1520 of the Civil Practice Act.
The cross motion is denied inasmuch as the costs imposed by the Appellate Division were paid prior to the return day of this motion.
That branch of the defendants’ motion wherein the dismissal of the complaint in its entirety is sought is denied. A prior motion…
2Cases cited6 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Seaver v. . RansomNew York Court of Appeals · 1918
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Fieger v. Glen Oaks Village, Inc.New York Court of Appeals · 1956
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3Cited by2 opinions
- United States v. Ogden Technology Laboratories, Inc.District Court, E.D. New York · 1973
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2019