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Garlen v. Green Mansions, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1959
9 A.D.2d 760 (N.Y. App. Div. 1959)

Opinion

November 27, 1959


Order of Special Term reversed on the law and on the facts and the motion to strike the answer of the corporate defendant and the appearance of counsel in its behalf is granted with leave, in the exercise of discretion, to the said corporation to appear, answer and otherwise defend by independent counsel if it is so advised within 20 days from the entry of the order, with $20 costs and disbursements to the appellant. While a corporation is usually a passive litigant in a stockholder's derivative action, it may well be that the equitable relief sought in the complaint requires an appearance and answer by the corporate defendant. However, such appearance must be by independent counsel whose interests will not conflict with those of the individual defendant.

Concur — Botein, P.J., Breitel, M.M. Frank, Valente and Stevens, JJ.


Summaries of

Garlen v. Green Mansions, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1959
9 A.D.2d 760 (N.Y. App. Div. 1959)
Case details for

Garlen v. Green Mansions, Inc.

Case Details

Full title:LENA B. GARLEN, Individually and as a Stockholder of GREEN MANSIONS, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 27, 1959

Citations

9 A.D.2d 760 (N.Y. App. Div. 1959)

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