Opinion
March 3, 1949.
Present — Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ.; Peck, P.J., dissents and votes to affirm. [See post, p. 709.]
Although inartistically drawn, the complaint alleges more than that an officer of the corporation granted a lease in 1939 for inadequate consideration. The complaint seeks a determination that the lease is void for other reasons than merely that it was made for an inadequate consideration, and in addition, or in the alternative, a recovery against a corporate officer and his confederates for the misappropriation of corporate assets. It is not subject to dismissal as being simply an action for a declaratory judgment. Judgment and order reversed on the law and that portion of defendants' motion which asks for a dismissal of the complaint denied, and that portion of defendants' motion which asks that Reuben Caidin be dropped as coplaintiff granted, with costs to the appellant 308 West 82nd Street Corporation, 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.