Legal Opinion
Byers v. Baxter
Appellate Division of the Supreme Court of the State of New York
Decided June 26, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Silverman, J.
Plaintiff appeals from a judgment and order of the Supreme Court dismissing the complaint on motion. Although the memorandum decision said that the motion pursuant to CPLR 3211 is granted, we think that this was an oversight and that the court was at least also granting the motion for summary judgment under CPLR 3212.
This is a stockholders’ derivative action on behalf of defendant Allied Chemical Corporation against officers and directors of Allied. Defendants moved pursuant to CPLR 3211 (subd [a], par 7), or in the alternative, for summary judgment pursuant…
2Cases cited6 opinions
- Barr v. WackmanNew York Court of Appeals · 1975
- Koral v. Savory, Inc.New York Court of Appeals · 1937
- Auerbach v. BennettAppellate Division of the Supreme Court of the State of New York · 1978
- Greenbaum v. American Metal, Climax, Inc.Appellate Division of the Supreme Court of the State of New York · 1967
- Koch v. EstesNew York Supreme Court · 1933
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3Cited by5 opinions
- Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- MOZES ON BEHALF OF GENERAL ELEC. CO. v. WelchDistrict Court, D. Connecticut · 1986
- Joseph Polchinski Co. v. Cemetery Floral Co.Appellate Division of the Supreme Court of the State of New York · 1980
- In Re Par Pharmaceutical, Inc. Derivative LitigationDistrict Court, S.D. New York · 1990
- Ungerleider v. One Fifth Avenue Apartment Corp.New York Supreme Court · 1995