Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

VALMART FOOD BUYING SERVICE v. ROSE STERNGASS (05/13/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.41574 <http://www.versuslaw.com>; 290 N.Y.S.2d 671; 30 A.D.2d 551 May 13, 1968 VALMART FOOD BUYING SERVICE, INC., APPELLANT,v.ROSE STERNGASS, RESPONDENT, ET AL., DEFENDANTS. ROSE STERNGASS, THIRD-PARTY PLAINTIFF-RESPONDENT, V. VALMART FOOD BUYING SERVICE, INC., ET AL., THIRD-PARTY DEFENDANTS-APPELLANTS Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.


Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion the motions to dismiss the counterclaims and third-party causes should have been entertained as motions brought pursuant to CPLR 3211 (subd. [a], pars. 6, 7) and granted on the grounds that said counterclaims and causes may not properly be interposed in the action and fail to state a cause in favor of respondent. The counterclaims and third-party causes seek recovery by respondent individually for damages sustained by the corporation of which she owns a majority of the capital stock. As pleaded, her rights are merely derivative; and she has no capacity to sue as an individual by way of counterclaims and third-party causes in this action (see All States Warehousing v. Mammoth Storage Warehouses, 7 A.D.2d 714).

Disposition

As so modified, order affirmed, without costs.

19680513

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.