W. J. GASKELL, INC. v. GASKELL


7 Misc.2d 174 (1957)

W. J. Gaskell, Inc., Plaintiff, v. William J. Gaskell et al., Defendants.

Supreme Court, Special Term, Kings County.

August 6, 1957.


Attorney(s) appearing for the Case

Saul Grover Wlodaver for defendants.

Henry Turin for plaintiff.


LLOYD I. HERZKA, J.

Motion by defendants to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice.

The complaint contains two causes of action, the first alleging that defendants withdrew from the corporation, and applied to their own use, funds in excess of those to which they were entitled, and the second, that the defendants improperly diverted corporate funds. On a prior motion in this action plaintiff moved under subdivision...

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