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ALL STATES WAREHOUSING, INC. v. MAMMOTH STORAGE WAREHOUSES, INC.

7 A.D.2d 714 (1958)

All States Warehousing, Inc., et al., Respondents-Appellants, v. Mammoth Storage Warehouses, Inc., et al., Appellants-Respondents

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

December 9, 1958

As we view the first cause of action, against which no motion was made, it alleges a tortious injury to the corporate plaintiff. The second cause of action seeks recovery by the individual plaintiff as a stockholder, officer and director of the corporate plaintiff for the same tortious conduct charged by the corporation in the first cause of action. As pleaded, his rights are merely derivative. If damage resulted from the misconduct of the defendants, it was suffered by the...

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