Kaufman v. Wolfson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBotein, J.
The decisional law and statutes relating to stockholders’ suits are still in the process of evolving a somewhat plastic formula, designed to protect the corporation both against the faults of those in control and against needless and oppressive lawsuits. The stockholder’s derivative action is a potent force for remedying certain injuries done to corporations, and, probably more important, the ever-present threat of such an action is a powerful prophylaxis against such abuses. While no encouragement is offered the “ officious and impertinent inter-meddler ” (Holmes v. Camp, 180 App. Div. 409,…
2Cases cited14 opinions
- Goldstein v. GroesbeckCourt of Appeals for the Second Circuit · 1944
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- Holmes v. CampAppellate Division of the Supreme Court of the State of New York · 1917
- Marcus v. OtisCourt of Appeals for the Second Circuit · 1948
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3Cited by5 opinions
- Brown v. TenneyIllinois Supreme Court · 1988
- Lambrecht v. O'NEALSupreme Court of Delaware · 2010
- Pessin v. Chris-Craft Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Brown v. TenneyAppellate Court of Illinois · 1987
- Matter of Pokoik v. 575 Realties, Inc.Appellate Division of the Supreme Court of the State of New York · 2016