AVIEN, INC. v. WEISS


50 Misc.2d 127 (1966)

Avien, Inc., Plaintiff, v. Leo A. Weiss et al., Defendants.

Supreme Court, Special Term, Queens County.

April 22, 1966


Attorney(s) appearing for the Case

Lotterman & Weiser (Joseph Lotterman, Edward Nathan and Cecil A. Citron of counsel), for plaintiff. Spero & Charnin for Leo A. Weiss, defendant. Simpson Thacher & Bartlett for Manufacturers Hanover Trust Company, defendant.


LESTER HOLTZMAN, J.

The plaintiff is a corporation listed on the American Stock Exchange with an authorized board of directors of five members. At a board meeting held on January 4, 1966, attended by two of the three directors then in office, the board purportedly removed the individual defendant as president of the corporation. The said defendant was and is the third director. Although given notice of the board...

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