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SILVER v. CHASE MANHATTAN BANK

49 A.D.2d 851 (1975)

Philip Silver, Individually and as Limited Partner of New York Metro Company, et al., Respondents, v. Chase Manhattan Bank, Appellant

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

October 21, 1975

In purported compliance with the permission previously granted by us (Silver v Chase Manhattan Bank, 44 A.D.2d 797), and after one unsuccessful attempt, plaintiff served a second amended complaint pleading, in the alternative, a double derivative cause of action in behalf of the corporate plaintiff and a direct action by such company. The difficulty with such position is that a derivative action does not lie where, as here, the corporation...

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