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ORTO THEATRES CORP. v. NEWINS

207 Misc. 414 (1955)

Orto Theatres Corp., Plaintiff, v. Harvey B. Newins et al., Defendants. Harvey B. Newins, Plaintiff, v. Orto Theatres Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

February 23, 1955.

Attorney(s) appearing for the Case

Rubin, Baum & Levin for Arnold M. Grant, defendant.

William G. Mulligan for Harvey B. Newins, defendant and plaintiff.

Daniel H. Greenberg for Orto Theatres Corp., plaintiff and defendant.

MATTHEW M. LEVY, J.

The plaintiff Orto is a corporation. It sues (among others) one Newins, a stockholder and formerly an officer and director of Orto. The action is for an accounting, for a money judgment for funds allegedly wrongfully diverted, disbursed and converted by the defendant to his own use, and to compel delivery to the plaintiff of certain corporate books and records in the defendant's possession...

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