West View Hills, Inc. v. Lizau Realty Corp.

Appeal (1) from an order dated December 13, 1957 denying a motion to set aside the service of the summons and to dismiss the complaint, and (2) from an order dated January 13, 1958 denying a motion to reargue said motion. The motion to set aside the summons was made on the ground that one Zaubler, respondent’s president, without consultation with, or the approval of, his fellow officers, directors and stockholders, had no authority to bring suit in the name of the corporation, which had been generally inactive for years, against his fellow officers and directors and against a corporation…