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CAPITOL WINE & SPIRIT CORP. v. POKRASS

302 N.Y. 734 (1951)

Capitol Wine & Spirit Corp., Appellant, v. Louis I. Pokrass et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

Barney B. Fensterstock, Harry Zalkin and Israel Akselrod for appellant.

William G. Mulligan, Lewis B. Greenbaum and Edwyn Silberling for Louis I. Pokrass and others, respondents.

Thomas Kiernan and Philip H. Weeks for Harry Davis. amicus curiæ, in support of respondents' position.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. [See .]

Judgment and order affirmed, with costs, upon the ground that section 61 of the General Corporation Law is a bar to the maintenance of this action. Second question certified answered in the negative. Other questions certified not answered...

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