Rubel Corp. v. Frank Tursellino & Co.

263 A.D. 948 | N.Y. App. Div. | 1942

Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within ten days after service of order, on payment of said costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents on the ground that the action being one by a vendee for specific performance of an agreement to sell all the real and personal property of a corporate vendor the plaintifi is required to allege in its complaint that the consent required under section 20 of the Stock Corporation Law had been secured.