INVESTOR LEAGUE v. TIME, INC.


66 A.D.2d 391 (1979)

Independent Investor Protective League et al., Appellants, v. Time, Inc., Respondent, et al., Defendants

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

February 1, 1979


Attorney(s) appearing for the Case

I. Walton Bader of counsel (Bader & Bader, attorneys), for Independent Investor Protective League and others, appellants.

Calvin R. House of counsel (Robert D. Joffe with him on the brief; Cravath Swaine & Moore, attorneys), for respondent.

BIRNS, J. P., LANE, LYNCH and SANDLER, JJ., concur.


FEIN, J.

Plaintiffs appeal from an order and judgment entered thereon which granted the motion by defendant Time, Inc. (Time) and dismissed the complaint in this derivative action with prejudice on the grounds that (1) plaintiffs lacked capacity to sue, and (2) the complaint failed to state a cause of action. The issue is the propriety of a derivative action commenced subsequent to dissolution of a corporation...

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