FAYES, INC. v. KLINE


136 F.Supp. 871 (1955)

FAYES, Inc., Plaintiff, v. J. Jay KLINE, Defendant.

United States District Court S. D. New York.

November 9, 1955.


Attorney(s) appearing for the Case

Nathan Shapiro, New York City, for plaintiff.

Spiro, Felstiner & Prager, New York City, Clarence R. Treeger and Bruno Schachner, New York City, of counsel, for defendant.


WEINFELD, District Judge.

The plaintiff, Fayes, Inc., charges that the defendant, J. Jay Kline, its president and director, violated his fiduciary duty to the plaintiff in that he misappropriated a valuable corporate opportunity, to wit, the expectancy of renewal of its existing lease; and further misappropriated all its remaining assets, consisting of an inventory and fixtures.

It is, of course, a fundamental principle that directors and officers of a corporation...

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