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TENNEY v. ROSENTHAL

6 N.Y.2d 204 (1959)

Warren S. Tenney, Suing as a Director of New York Water Service Corporation, Respondent, v. Richard L. Rosenthal et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Jesse Climenko and Martin I. Shelton for corporate appellants.

Henry J. Friendly, Leonard S. Sheriff and Sedgwick W. Green for individual appellants.

Milton Pollack, Warren S. Tenney and Samuel N. Greenspoon for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

Certified questions call upon us to say whether a director of a corporation may continue to maintain an action, brought by him while a director on behalf of the corporation, pursuant to section 61 of the General Corporation Law, after he has been defeated for re-election to such office.

In May of 1957, Warren S. Tenney became a director of the New York Water Service Corporation and in December...

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