LURIE v. KAPLAN


31 A.D.2d 93 (1968)

Mendel Lurie, Suing on Behalf of General Refractories Company, Respondent v. Jacob M. Kaplan, Appellant, et al., Defendant

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

December 10, 1968.


Attorney(s) appearing for the Case

Spencer Pinkham of counsel (Colton & Pinkham, attorneys), for appellant.

Charles M. Berkson for respondent.

STEVENS, J. P., EAGER and CAPOZZOLI, JJ., concur with RABIN, J.; McGIVERN, J., dissents in opinion.


RABIN, J.

In this action, the plaintiff suing derivatively on behalf of the General Refractories Company, a Pennsylvania corporation (hereinafter referred to as General), charges the defendant with having sold corporate votes in violation of section 504 of the Pennsylvania Business Corporation Law. (Now Pa. Stat., tit. 15, § 1504 [1967].)

He seeks to recover, on behalf of the corporation, the sum...

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