Corporations

Milton M. Eisenberg, as a Stockholder, Suing on Behalf of Himself and All Other Stockholders of Julius Grossman, Inc., Similarly Situated, and in the Right of Julius Grossman, Inc., Respondent, v. Ella Grossman et al., Appellants

275 A.D.2d 946·New York Supreme Court, Appellate Division·1949·NY

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Opinion

Milton M. Eisenberg, as a Stockholder, Suing on Behalf of Himself and All Other Stockholders of Julius Grossman, Inc., Similarly Situated, and in the Right of Julius Grossman, Inc., Respondent, v. Ella Grossman et al., Appellants. [MAJORITY] There is no allegation in the complaint complying with section 61 of the General Corporation Law which provides that “ it must be made to appear that the plaintiff was a stockholder at the time of the transaction of which he complains ”. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.