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Downtown Harvard Lunch Club v. Racso, Inc.

199 Misc. 618 Court Supreme Court, Special Term, New York County, Decision date 1951-03-12 English

Delivered by Hammer, J.

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p. 618
Downtown Harvard Lunch Club, Plaintiff, v. Racso, Inc., et al., Defendants.
Supreme Court, Special Term, New York County,
March 12, 1951.
Albert Felix and Allen S. Stim for defendants.
William S. Beinecke and Edward J. Madden for plaintiff.

This motion for an order pursuant to rule 106 of the Eules of Civil Practice dismissing the amended complaint as to the defendant Tucci is granted. A director or officer of a corporation may not be held liable where his corporation has been allegedly induced by him to violate its contractual obligation (see Greyhound Corp. v. Commercial Cas. Ins. Co., 259 App. Div. 317 , and J. E. Brulatour, Inc., v. Wilmer & Vincent Corp., 63 N. Y. S. 2d 54 ). Settle order.