DIAMOND v. DIAMOND


307 N.Y. 263 (1954)

Mae Diamond, as a Director and Stockholder of Jarold Shops, Inc., Suing on Behalf of Herself and the Right of Said Corporation, Appellant, v. Evelyn Diamond et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1954


Attorney(s) appearing for the Case

Jacob W. Friedman for appellant.

Jay Leo Rothschild for respondents.

DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; LEWIS, Ch. J., CONWAY and VAN VOORHIS, JJ., dissent in a memorandum.


DESMOND, J.

We agree for affirmance of so much of the judgment appealed from as dismisses the complaint. We strike out, however, so much of that judgment as, on the supposed authority of section 64 of the General Corporation Law, awards to defendant as against Jarold Shops, Inc., $30,000 for her attorneys' fees and expenses. The effect of that award is this: although plaintiff and defendant, sole stockholders of Jarold Shops...

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