Warwick Sportswear Co. v. Simons

Full title: WARWICK SPORTSWEAR CO., Appellant, v. WILLIAM SIMONS, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: May 24, 1939

4 Misc. 2d 482 (N.Y. App. Term 1939)

13 N.Y.S.2d 321

Opinion

May 24, 1939

Appeal from the City Court of the City of New York, ROCCO A. PARELLA, J.

Jacobson Baum for appellant.

Lind, Shlivek, Marks Brin for respondent.

Per Curiam.

Upon its face the complaint states a cause of action in favor of plaintiff corporation against the defendant for the conversion by defendant of plaintiff's property, and the action should not be dismissed solely on the ground of the lack of any authority from the two-man board of directors (one of whom is the defendant, and the other the corporation's president) to bring suit.

The judgment should be reversed and new trial ordered, with costs to appellant to abide the event.

FRANKENTHALER and NOONAN, JJ., concur; McCOOK, J., dissents.

Judgment reversed, etc.