Corporations

Mae Diamond, as a Director and Stockholder of Jarold Shops, Inc., Suing on Behalf of Herself and the Right of Said Corporation, Respondent, v. Evelyn Diamond et al., Appellants. Jay L. Rothschild, Appellant

285 A.D. 870·New York Supreme Court, Appellate Division·1955·NY

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Opinion

Mae Diamond, as a Director and Stockholder of Jarold Shops, Inc., Suing on Behalf of Herself and the Right of Said Corporation, Respondent, v. Evelyn Diamond et al., Appellants. Jay L. Rothschild, Appellant. [MAJORITY] Order appealed from modified so as to deny motion in all respects except as to direct repayment by the defendant Evelyn Diamond of the allowance of $30,000, with interest commencing one day after service of copy of judgment entered on the remittitur of the Court of Appeals. There was no warrant in law or in the exercise of discretion for the other relief granted. All concur. Settle order. Present — Cohn, J. P., Callahan, Breitel, Botein and Rabin, JJ. [See post, p. 942.]