Foley v. D'Agostino
New York Supreme Court, Appellate Division
21 A.D.2d 60, 248 N.Y.S.2d 121 (1964)
- Written by Steven Pacht, JD
Facts
John Foley and others (collectively, Foley) (collectively, plaintiffs) owned 50 percent of the stock in several related closely held corporations that operated a supermarket chain under the D’Agostino family name. Foley sued the holders of the other 50 percent of the companies’ shares and certain directors, executives, and officers of the companies (collectively, incumbents) (collectively, defendants). Among other things, Foley asserted breaches of fiduciary duty and unfair competition. Pursuant to Civil Practice Law and Rules (CPLR) § 3211(a)(7), the incumbents moved to dismiss the complaint for failure to state a claim. The supreme court granted the incumbents’ motion. Foley appealed.
Rule of Law
Issue
Holding and Reasoning (Eager, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
