Opinion · New York Court of Appeals

Ditomasso v. Loverro, Rubel

Ditomasso v. Loverro, Rubel, 276 N.Y. 551 (New York Court of Appeals 1937)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1937-11-23
Topic
general

How later courts describe this case

  • pro rata recovery awarded to plaintiff who brought a derivative action on behalf of a closely held corporation against defendants, who included all the other stockholders but one
  • directors liable for damages, in derivative action, “where they knew, or should have known, the contract” was in restraint of trade and thus illegal

Citator

UpLaw has not yet analyzed Ditomasso v. Loverro, Rubel. The absence of a flag is not a finding that it is good law.

Cited by
14 opinions

On plaintiff’s appeal from order granting a new trial as to the defendants Loverro et al., order affirmed and judgment absolute ordered against plaintiff, appellant, on the stipulation, without costs.

On plaintiff’s appeal from judgment, judgment affirmed, without costs.

On defendants’ appeals, judgment affirmed, without costs; no opinion. (See 276 N. Y. 610, 681.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey/JJ.