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GREENFIELD v. DENNER

6 A.D.2d 263 (1958)

Harry Greenfield, Individually and on Behalf of Clermont Cravat Company, Inc., Appellant-Respondent, v. Harry B. Denner et al., Respondents-Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1958.

Attorney(s) appearing for the Case

Joseph Calderon of counsel (Milton M. Bergerman with him on the brief; Bergerman & Hourwich, attorneys), for appellant-respondent.

George Trosk for Harry B. Denner and another, respondents-appellants.

Schlesinger & Krinsky for Sidney Nitchun and others, respondents-appellants.

BOTEIN, P. J., RABIN, VALENTE and BERGAN, JJ., concur in Per Curiam opinion; BREITEL, J., dissents in opinion.

Per Curiam.

The complaint pleads two causes of action. The first is an individual action at law for damages caused to plaintiff's investment in Clermont Cravat Company, Inc. by means of an allegedly fraudulent liquidation of that corporation. The second cause of action is an action in equity on behalf of the corporation to recover for damages resulting from the liquidation of its business and misappropriation of its...

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