New York Court of Appeals

Warren S. Tenney, Suing as a Director of New York Water Service Corporation v. Richard L. Rosenthal

July 8, 19596 N.Y.2d 204

Summary

The New York Court of Appeals held that a derivative action brought by a director under section 61 of the General Corporation Law does not abate and the former director retains standing to continue the suit after losing re‑election. The court affirmed the lower court’s order and answered both certified questions in the negative.