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LEHRMAN v. GODCHAUX SUGARS

207 Misc. 314 (1955)

William Lehrman, Plaintiff, v. Godchaux Sugars, Inc., Defendant.

Supreme Court, Special Term, New York County.

February 28, 1955.

Attorney(s) appearing for the Case

John B. Doyle for plaintiff.

John J. Leighton, Albert D. Jordan and Michael L. Matar for defendant.

HOFSTADTER, J.

This application to require the plaintiff to give security pursuant to section 61-b of the General Corporation Law for the defendant's reasonable expenses in this action again poses the question whether the action is brought derivatively in the right of the corporation, or whether it is representative, solely on behalf of the plaintiff and other stockholders similarly situated. The statute provides...

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