GORDON v. ELLIMAN


202 Misc. 612 (1952)

Ada Gordon, On Behalf of Herself and All Other Stockholders of Hotel Barbizon, Inc., Similarly Situated, Plaintiff, v. Lawrence B. Elliman et al., Defendants.

Supreme Court, Special Term, New York County.

August 7, 1952.


Attorney(s) appearing for the Case

Sidney G. Kingsley for defendants.

Aaron Schwartz for plaintiff.


BREITEL, J.

Defendant moves to require plaintiff to provide security pursuant to section 61-b of the General Corporation Law. The action is brought by a stockholder to compel the corporation to declare dividends. The motion should be granted if the action is derivative, namely, one brought "in the right of the corporation". The motion should be denied if the action is representative, that is, one brought in the...

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