Summary
In Gross v. Price (supra), the plaintiff did not plead a cause of action to impress a constructive trust on real property. He merely pleaded a cause of action for waste of corporate assets which, if reduced to judgment, would not affect title to real property. Munder, Acting P.J., Latham, Shapiro, Gulotta and Benjamin, JJ., concur.
Summary of this case from Grossfeld v. BeckOpinion
June 28, 1954.
In a representative action by a minority stockholder, the plaintiff filed a notice of pendency of action against each of three parcels of real estate, owned respectively by the subject corporation, another corporate defendant, and the defendant Alice Walter. The appeal is by the plaintiff from an order granting the motion of said corporations to vacate and cancel of record the said notices of pendency of action. Order affirmed, with $10 costs and disbursements. This is not such an action as is contemplated in section 120 of the Civil Practice Act. Adel, Acting P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.