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BRESWICK & CO. v. HARRISON-RYE REALTY CORP.

280 A.D. 820 (1952)

Breswick & Co. et al., as Stockholders of Harrison-Rye Realty Corporation, on Behalf of Themselves and All Other Stockholders of Said Corporation Similarly Situated, Appellants, and Florence W. Brill, as the Owner and Holder of Common and Class B Preferred Stock of Said Corporation, et al., Interveners, Respondents, v. Harrison-Rye Realty Corporation et al., Appellants; Commodore Hotel, Inc., Impleaded Defendant-Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1952.

The only cause of action in the proposed complaint brought on behalf of the Harrison-Rye Realty Corporation is that adapted from the original complaint, namely, relating to the 1947 lease. The only intervener who is an owner of stock of the realty corporation became such after the transaction and is precluded from maintaining this suit (General Corporation Law, § 61; Eisenberg v. Grossman, 275 App. Div. 946; Capitol...

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