Legal Opinion
Gearing v. Kelly
New York Court of Appeals
Decided April 5, 1962PublishedCited by 5 opinions
1Per curiam
Appellants, who' own 50% of the stock of the Radium Chemical Company, Inc., seek, within the provisions of section 25 of the General Corporation Law, to set aside the election of a director.
In a proceeding under that section, the court sits as a court of equity which may order a new election ‘ ‘ as justice may require ”. We have concluded, as did the majority of the Appellate Division, that appellants have failed to show that justice requires a new election, in that they may not now complain of an irregularity which they themselves have caused.
Mrs. Meacham stayed away from the meeting of…
2Cases cited4 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- In re the Election of Directors of R. Hoe & Co.New York Court of Appeals · 1955
- In re the Election of Directors of R. Hoe & Co.New York Supreme Court · 1954
- In re the Election of Directors of R. Hoe & Co.Appellate Division of the Supreme Court of the State of New York · 1955
3Cited by5 opinions
- Ronnen v. Ajax Electric Motor Corp.New York Court of Appeals · 1996
- American Center for Education, Inc. v. CavnarCalifornia Court of Appeal · 1978
- McDaniel v. 162 Columbia Heights Housing Corp.New York Supreme Court · 2009
- Smith v. EllerbeNew York Supreme Court · 1988
- Thompson v. BruceAppellate Division of the Supreme Court of the State of New York · 2009