Cohen v. Dana

2 Citing cases

  1. Cohen v. Dana

    40 N.E.2d 227 (N.Y. 1942)   Cited 13 times
    In Cohen v. Dana (287 N.Y. 405) the question was not directly passed upon as the relief granted below was held improper in any event. It is however intimated that where as here the parties before the court comprise the persons who would be the corporate representatives (plaintiffs and defendants here include all the stockholders, the officers and three of the four directors at the time of dissolution) that a court of equity can make adequate provision for the de facto representation of the corporation.

    On appeal from both orders the Appellate Division unanimously reversed and dismissed the complaint saying in an opinion that although Fisk had been dissolved yet under the law of Delaware the corporation continues in existence for three years "for the purpose of prosecuting and defending suits," and that "this practical disposition [a dismissal of the complaint] is made in view of the concession that service cannot be had upon the Fisk Rubber Corporation in this jurisdiction." ( 262 App. Div. 42, 44.) The appeal from the order to cause Fisk to be made a party was dismissed as academic.

  2. Cohen v. Dana

    264 App. Div. 721 (N.Y. App. Div. 1942)

    Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ., concur. [See post, p. 858.] Motion for reargument of the appeal from the order dated February 5, 1941 [ 262 App. Div. 42], denying appellants' motion to require plaintiff to bring in as a party defendant The Fisk Rubber Corporation, referred to the court which rendered the decision.