INTERBOROUGH NEWS CO. v. MEYER


25 A.D.2d 942 (1966)

Interborough News Company, Appellant, v. Herbert Meyer, Respondent. (Action No. 1.) Herbert Meyer, Respondent, v. Interborough News Company, Appellant. (Action No. 2.)

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

May 19, 1966


Order unanimously affirmed, with costs.

Memorandum:

Special Term properly granted defendant Meyer's motion to dismiss the complaint. In his memorandum decision, the Special Term Justice gave as one of his reasons that there was no capacity on the part of the corporation to bring the action. He reached this conclusion because he was "of the opinion that there should have been such a meeting duly assembled and that the authority to sue and terminate the defendant...

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