BALLING v. CASABIANCA


285 A.D. 20 (1954)

Fred Balling et al., Suing on Behalf of Themselves and All Other Persons Similarly Situated, Respondents, v. Henry Casabianca, Appellant, and H. Casabianca, Inc., Respondent

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

November 23, 1954.


Attorney(s) appearing for the Case

Morris Gottlieb for appellant.

Max E. Lynne of counsel (Edwin M. Slote, attorney), for Fred Balling and others, respondents.

PECK, P. J., DORE, COHN, CALLAHAN and BOTEIN, JJ., concur.


Per Curiam.

The complaint in this derivative stockholders' action attempts to excuse the failure to make a demand upon the corporation to commence the action with an allegation that the individual defendant, solely charged with wrongdoing, "is the sole person in control of the said defendant corporation, and has usurped the powers and prerogatives to conduct the business and affairs of said defendant corporation * *...

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