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ABRAHAMS v. RAND

279 A.D. 401 (1952)

Moses Abrahams, on Behalf of Himself and All Other Stockholders of Remington Rand, Inc., Similarly Situated, Respondent, v. James H. Rand, Jr., et al., Defendants, and James G. Blaine et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1952.

Attorney(s) appearing for the Case

Bruce A. Hecker of counsel (Inzer B. Wyatt with him on the brief; Sullivan & Cromwell, attorneys), for James G. Blaine and other individuals, appellants.

Wm. Francis Corson of counsel (Sol Irving Sokolsky with him on the brief; Garey & Garey, attorneys), for Remington Rand Inc., appellant.

Joseph D. Allen for Leeford Advertising Agency, Inc., appellant.

Emil K. Ellis of counsel (Abraham J. Heller and Jonas Ellis with him on the brief; Emil K. Ellis, attorney), for respondent.

DORE, J. P., COHN and VAN VOORHIS, JJ., concur with CALLAHAN, J.; SHIENTAG, J., concurs, in opinion.

CALLAHAN, J.

This is a stockholder's derivative action on behalf of the defendant Remington Rand, Inc. The individual defendants are alleged to have participated or acquiesced in wasteful acts to the detriment of the corporation through the instrumentality of the defendant Leeford Advertising Agency, Inc.

The plaintiff has obtained a direction for examination of the Remington and Leeford corporations before...

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