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KRAMER v. METRO. COMMERCIAL CORP.

206 Misc. 842 (1954)

Jerome Kramer et al., Copartners Doing Business as Sears & Co., et al., as Stockholders of Metropolitan Commercial Corp., on Behalf of Themselves and all Other Stockholders of Said Company, Similarly Situated, and in the Right of Said Company, Plaintiffs, v. Metropolitan Commercial Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

November 12, 1954.

Attorney(s) appearing for the Case

Henry Steinberg for Lowell M. Birrell, defendant.

Samuel N. Levenkind for Henry A. McCarthy and another, defendants.

Irving M. Gruber and Leanora S. Gruber for William Saxe, defendant.

Stuart Kleiger for Metropolitan Commercial Corporation, defendant.

Ide & Haigney for Bernard Relin, defendant.

Nathan B. Kogan for plaintiffs.

MATTHEW M. LEVY, J.

This is a derivative stockholders' suit. There are eleven causes of action now set forth in the second consolidated amended complaint. Each alleges a separate transaction of the purchase or sale by the subject corporation of securities which in each instance was accomplished (as claimed) for the benefit and to the profit of one or more of the individual defendants. Initially two suits had...

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