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Katz v. Cant

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1978
62 A.D.2d 935 (N.Y. App. Div. 1978)

Opinion

April 13, 1978


Judgment, Supreme Court, New York County, entered November 29, 1977, unanimously reversed, on the law, and defendants-respondents' motion to dismiss the amended complaint denied, with $60 costs and disbursements of this appeal to appellant; appeal from order of the same court, entered October 28, 1977, which granted the motion upon which that judgment was entered, unanimously dismissed, as subsumed in the judgment, without costs and without disbursements. Taking the allegations of the complaint at face value, as is to be done at this juncture, it does state a cause for the derivative relief which is sought in this shareholders' suit. It may well be that the complaint will not survive a motion for summary judgment, but that is not our concern at this moment.

Concur — Murphy, P.J., Birns, Fein, Markewich and Sullivan, JJ.


Summaries of

Katz v. Cant

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1978
62 A.D.2d 935 (N.Y. App. Div. 1978)
Case details for

Katz v. Cant

Case Details

Full title:GLADYS KATZ, Appellant, v. HARRY R. CANT et al., Defendants, and FRANK A…

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

Date published: Apr 13, 1978

Citations

62 A.D.2d 935 (N.Y. App. Div. 1978)