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CAPITOL WINE & SPIRIT CORP. v. POKRASS

277 A.D. 184 (1950)

Capitol Wine & Spirit Corp., Appellant-Respondent, v. Louis I. Pokrass et al., Respondents-Appellants; Albert C. Drucker, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 1950.

Attorney(s) appearing for the Case

Edgar A. Samuel of counsel (Milton P. Kupfer with him on the brief; Kupfer, Silberfeld, Nathan & Danziger, attorneys), for appellant-respondent.

William G. Mulligan of counsel (Lewis B. Greenbaum and Edwyn Silberling with him on the brief; William G. Mulligan, attorney), for respondents-appellants.

Julius L. Meyer for Albert C. Drucker, respondent.

CALLAHAN, J., concurs with VAN VOORHIS, J.; PECK, P. J., concurs in the result in a separate opinion; SHIENTAG, J., dissents and votes to deny summary judgment unconditionally, in opinion in which COHN, J., concurs.

VAN VOORHIS, J.

The action is by a corporation to recover for misappropriation and waste of its assets by former officers, directors and others. The complaint has been dismissed on motion for summary judgment by defendants Pokrass, who formerly owned about 75% of the stock, in view of the circumstance that all of the wrongful acts are charged with having been committed prior to June 27, 1946, when one Joseph Sachs...

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