GORDON v. ELLIMAN


306 N.Y. 456 (1954)

Ada Gordon, on Behalf of Herself and All Other Stockholders of Hotel Barbizon, Inc., Appellant, v. Lawrence B. Elliman et al., Defendants, and Hotel Barbizon, Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1954


Attorney(s) appearing for the Case

Aaron Schwartz and Mortimer A. Shapiro for appellant.

Sidney G. Kingsley for respondent.

LEWIS, Ch. J., CONWAY and DYE, JJ., concur with VAN VOORHIS, J.; FULD, J., dissents in an opinion in which FROESSEL, J., concurs; DESMOND, J., dissents in a separate memorandum.


VAN VOORHIS, J.

This appeal is from an order of the Appellate Division affirming a Special Term order granting a stay of proceedings in the action pending the furnishing of security pursuant to section 61-b of the General Corporation Law. In granting leave to appeal, the Appellate Division certified the following questions:

"1. Is an action by a stockholder against the corporation and its directors to...

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