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MATTER OF SCHWARZ v. GEN. ANILINE & FILM CORP.

305 N.Y. 395 (1953)

In the Matter of Ernest Schwarz, Appellant, v. General Aniline & Film Corporation, Respondent.

Court of Appeals of the State of New York.

Reargued June 2, 1953.

Decided June 4, 1953

Attorney(s) appearing for the Case

Rudolf B. Schlesinger, Joseph Kaskell and Beate Bloch for appellant.

Herbert L. Abrons, Donald O. Lincoln, Eugene L. Stewart and Kathryn V. Crean for respondent.

DYE and FROESSEL, JJ., concur with DESMOND, J.; CARSWELL, J., concurs in separate opinion; FULD, J., dissents in opinion in which LEWIS, Ch. J., and CONWAY, J., concur.

DESMOND, J.

This proceeding is brought under sections 64 to 68, found in article 6-A, as enacted in 1945 (L. 1945, ch. 869), of the General Corporation Law, which sections set up a system whereby the New York courts may, in certain situations, order that a corporation reimburse its officials for their previously incurred litigation expenses. With section 63 of the same...

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