MOOK v. MERDINGER


18 A.D.2d 983 (1963)

Joseph Mook et al., Individually and as Stockholders of The American Fabrics Company, Suing on Behalf of Themselves and All Other Stockholders Similarly Situated, Appellants, v. Harry Merdinger et al., Respondents

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

March 12, 1963


Order entered on October 6, 1958 unanimously modified to dismiss the second counterclaim with leave to replead; and as thus modified, affirmed, without costs.

The second counterclaim does not plead a good cause of action. It alleges that one of plaintiffs acting as an attorney for the corporate defendant committed a breach of trust in "a matter" delegated to him; and that he was guilty of misfeasance as a director in the same matter. Recovery of all later payments...

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