EISEN v. POST


3 N.Y.2d 518 (1957)

Max Eisen, Respondent, v. John Post, Jr., et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 6, 1957.


Attorney(s) appearing for the Case

Joseph Feldman, Herbert M. Rosenberg and Irwin H. Rosenberg for John Post, Jr., and others, appellants.

Irving D. Lipkowitz, Richard Lieb, William Hughes Lewis and Roy Plaut for Louis Schweitzer, appellant.

John J. Redfield and Jacquelin A. Swords for New York State Title Association, amicus curiæ, in support of appellants' position.

Justin M. Golenbock, Stanley Goldstein and Donald D. Shack for respondent.

Judges DESMOND, DYE, FROESSEL and BURKE concur with Chief Judge CONWAY; Judge FULD dissents in an opinion on question as to applicability of section 20 of the Stock Corporation Law in which Judge VAN VOORHIS concurs.


Chief Judge CONWAY.

This is a derivative action brought by Max Eisen, owner of 50% of the stock of Senior Estate, Ltd., a real estate corporation, primarily to set aside the sale of a sublease by said corporation through its officers John Post, Jr., and Anita Post Litsky, to defendant Louis Schweitzer. The sublease was of the Theatre de Lys located in Greenwich Village, New York City. While several causes of action...

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