J. P. Duffy Co. v. Alexander McKay, Inc.

Order dismissing complaint as against defendant Grace reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to said defendant to answer within ten days from service of a copy of the order herein. We think the complaint alleges a cause of action against respondent, under section 15 of the Stock Corporation Law. If damages are uncertain, they may be ascertained by an accounting, but plaintiff must first establish its cause of action. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

Case Details

Case Name: J. P. Duffy Co. v. Alexander McKay, Inc.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Nov 15, 1933

Citation: 240 A.D. 898

Court Abbreviation: N.Y. App. Div.