Legal Opinion
Derby v. E. L. Gayvert & Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1955PublishedCited by 6 opinions
1Opinion of the Court
Memorandum: This is an action for a declaratory judgment, a reformation, and related relief. The plaintiffs and individual defendants are all of the stockholders of one of the corporate defendants. The complaint is divided into three causes of action. Defendants-appellants moved to dismiss each cause of action for legal insufficiency (Rules Civ. Prac., rule 106). Annexed to the complaint are numerous documents, the construction and effect of which are sharply in issue. The case presents a genuine dispute, based upon conflicting interpretations of those documents, and rendering uncertain the…
2Cases cited3 opinions
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Manufacturers & Traders Trust Co. v. BellAppellate Division of the Supreme Court of the State of New York · 1946
3Cited by6 opinions
- Tilcon New York, Inc. v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
- Soundview Woods, Inc. v. Town of MamaroneckNew York Supreme Court · 1958
- Allen v. Thousand Island Park Corp.New York Supreme Court · 1959
- Sylvander v. TaberAppellate Division of the Supreme Court of the State of New York · 1958
- Ackert v. Union Pacific RailroadAppellate Division of the Supreme Court of the State of New York · 1957
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