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Gillman v. Dave L. Benstock, Inc.

250 A.D. 870 Court N.Y. App. Div. Decision date 1937-04-26 English

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p. 870
Thomas V. Gillman, Appellant, v. Dave L. Benstock, Inc., Dave L. Benstock and Jane Benstock, Respondents.

Action by a director who is also a judgment creditor of the defendant corporation, brought under sections 60 and 61 of the General Corporation Law to compel restitution to the defendant corporation of funds alleged to have been unlawfully wasted by the individual defendants. Judgment dismissing the complaint unanimously affirmed, with costs. No opinion. Present —■ Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.