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GOLDSTEIN v. TRS. OF SAILORS' SNUG HARBOR

277 A.D. 269 (1950)

Nathaniel L. Goldstein, as Attorney-General of The State of New York, Plaintiff, v. Trustees of the Sailors' Snug Harbor in the City of New York et al., Defendants

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

June 27, 1950.

Attorney(s) appearing for the Case

P. Hodges Combier of counsel (Wendell P. Brown with him on the brief; Nathaniel L. Goldstein, Attorney-General for plaintiff.

Leonard A. Blue of counsel (Henry E. Kelley, Daniel C. Draper and Philip J. McCook with him on the brief; Rathbone Perry, Kelley & Drye, attorneys; Philip J. McCook for Frederic S. Fleming as trustee, etc.) for corporate defendant and certain individual defendants.

John F. Kelly of counsel (Charles F. Preusse and Herbert Lefkowitz with him on the brief; John P. McGrath, Corporation Counsel, attorney), for William O'Dwyer, defendant.

PECK, P. J., GLENNON and SHIENTAG, JJ., concur with DORE, J.; VAN VOORHIS, J., dissents in opinion.

DORE, J.

The parties hereto submit this controversy pursuant to sections 546-548 of the Civil Practice Act. The Attorney-General of the State of New York, plaintiff herein, basically contends that the corporate defendant, The Sailor's Snug Harbor, must be administered by not less than eight active, competent and qualified trustees; that a quorum of not less than five is required to transact any of the business...

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