Opinion
Argued March 6, 1951
Decided April 12, 1951
Appeal from the Supreme Court, Appellate Division, First Department, STEUER, J.
Barney B. Fensterstock, Harry Zalkin and Israel Akselrod for appellant.
William G. Mulligan, Lewis B. Greenbaum and Edwyn Silberling for Louis I. Pokrass and others, respondents.
Thomas Kiernan and Philip H. Weeks for Harry Davis. amicus curiae, in support of respondents' position.
Judgment and order affirmed, with costs, upon the ground that section 61 of the General Corporation Law is a bar to the maintenance of this action. Second question certified answered in the negative. Other questions certified not answered. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.