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GREENEBAUM v. LILIENTHAL & CO.

280 A.D. 132 (1952)

Milton J. Greenebaum, Individually and as a Stockholder of Felix Lilienthal & Co., Inc., Suing on Behalf of Himself and All Other Stockholders of Said Corporation, Similarly Situated, and in the Right of Said Corporation, Respondent, v. Felix Lilienthal & Co., Inc., et al. Appellants

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

April 22, 1952.

Attorney(s) appearing for the Case

Oscar S. Rosner of counsel (Jay Raymond Levinson with him on the brief; Baker, Obermeier & Rosner, attorneys), for appellants.

Mortimer B. Wolf of counsel (Charles Ballon, Jacob M. Usadi and Bernard Segelin with him on the brief; Phillips, Nizer, Benjamin & Krim, attorneys), for respondent.

DORE, J. P., COHN, VAN VOORHIS and SHIENTAG, JJ., concur.

CALLAHAN, J.

This appeal involves the question of the sufficiency of a complaint in a stockholder's derivative action.

Plaintiff owned 390 shares and the defendant Felix Lilienthal, Sr., owned 610 shares of both the common and preferred stock of the company. One thousand shares of stock were issued to each class, the common stock having the voting power. Plaintiff was a director and also vice-president...

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