LA VIN v. LA VIN


283 A.D. 809 (1954)

Edwin R. La Vin, Appellant, and Louis Cohen, as Temporary Receiver of Assets of Sanford Hotel Corporation, Intervener, Appellant, v. Russell C. La Vin et al., Defendants, and Lebis Hotel Management Corp. et al., Respondents

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

March 15, 1954.


Judgment affirmed, with one bill of costs.

In our opinion, even assuming that there was personal benefit to the directors of the defendant lessor resulting from the transaction complained of, the mere showing of such facts would not as a matter of law invalidate the leases. (Everett v. Phillips, 288 N.Y. 227.) While proof of bad faith of the directors and unfairness to the corporation may result in a declaration of invalidity, that was a question of fact which...

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