← Cases

Miller v. Nemeroff

251 A.D. 707 Court N.Y. App. Div. Decision date 1937-05-14 English

Contents

Majority

p. 707
Hugh Gordon Miller, Respondent, v. Charles Nemeroff, Individually and as Manager, and Others, Appellants (Appearing Specially, etc.), Impleaded with Another.

The complaint contains no allegation that the defendants have no president or that the manager is exercising the duties of the president. Orders unanimously reversed, with twenty dollars costs and disbursements, and the motions granted, with leave to the plaintiff to serve an amended complaint within twenty days after service of order with notice of entry, upon payment of said costs. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.