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Lennan v. Blakeley

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1947
273 App. Div. 767 (N.Y. App. Div. 1947)

Summary

In Lennan v. Blakeley (273 App. Div. 767) a complaint was sustained in an action by the minority to compel dissolution, for the reason that its factual allegations indicated that "the directors are continuing the existence of the corporation for the sole purpose of benefiting those in control of the corporation at the expense of the other stockholders", and that its continued existence could reasonably be expected to benefit nobody else (italics supplied).

Summary of this case from Leibert v. Clapp

Opinion

December 22, 1947.

Present — Glennon, J.P., Dore, Cohn, Callahan and Van Voorhis, JJ. [See post, p. 846.]


The complaint sufficiently alleges facts which if established may warrant the granting of equitable relief. The allegations indicate that in disregard of the rights of the stockholders the directors are continuing the existence of the corporation for the sole purpose of benefiting those in control of the corporation at the expense of the other stockholders. Order unanimously affirmed, with $20 costs and disbursements, with leave to the defendants to answer within ten days after service of the order, with notice of entry thereof, on payment of said costs.


Summaries of

Lennan v. Blakeley

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1947
273 App. Div. 767 (N.Y. App. Div. 1947)

In Lennan v. Blakeley (273 App. Div. 767) a complaint was sustained in an action by the minority to compel dissolution, for the reason that its factual allegations indicated that "the directors are continuing the existence of the corporation for the sole purpose of benefiting those in control of the corporation at the expense of the other stockholders", and that its continued existence could reasonably be expected to benefit nobody else (italics supplied).

Summary of this case from Leibert v. Clapp
Case details for

Lennan v. Blakeley

Case Details

Full title:NELLIE LENNAN, Suing for Herself as a Preferred Stockholder and for All…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 22, 1947

Citations

273 App. Div. 767 (N.Y. App. Div. 1947)

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