LEFKOWITZ v. LEBENSFELD


51 N.Y.2d 442 (1980)

Louis J. Lefkowitz, as Attorney-General of the State of New York, Appellant, v. Harry Lebensfeld et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 1980.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Daniel L. Kurtz, Shirley Adelson Siegel, Irwin M. Strum, Charles Brody and Sharon Slater of counsel), for appellant.

William J. McSherry, Jr., Edward Brodsky and Robert D. Marafioti for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

At issue here is whether the State Attorney-General has standing to sue a corporation for a breach of fiduciary duties and for declaration and payment of dividends, on behalf of the ultimate beneficiaries of a charitable organization which received shares in the corporation as an absolute gift. In these particular circumstances, it must be concluded that the Attorney-General lacks standing...

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