Opinion
December 27, 1961
In a derivative stockholder's action to set aside a conveyance of real property by the corporate defendant to defendant Pearl, on the ground that the corporation could act only with the unanimous approval of its directors and stockholders, and that plaintiff, one of its directors and stockholders, had not consented to the sale, plaintiff appeals from a judgment of the Supreme Court, Nassau County, rendered March 24, 1961, upon the decision of the court after a nonjury trial, which, inter alia, dismissed the complaint on the merits. Judgment affirmed, without costs. We make the following additional findings of fact in support of the judgment: (1) that plaintiff attended the closing and participated in the sale; and (2) that under all the circumstances, her conduct was tantamount to her formal approval of the sale. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.