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HARRIS v. AVERICK

24 Misc.2d 1039 (1960)

Alyce Harris, Plaintiff, v. A. Jack Averick et al., Defendants.

Supreme Court, Special Term, New York County.

March 23, 1960.

Attorney(s) appearing for the Case

Rosenthal & Gurkin (Alfred Gurkin of counsel), for plaintiff.

Arthur N. Field and Theodore F. Tonkonogy for Charles H. Brewster and another, defendants.

MATTHEW M. LEVY, J.

This is a stockholder's derivative action involving United States Hoffman Machinery Corporation. The defendants Brewster and Hoffman Machinery (the subject corporation) move, upon the complaint and a supporting affidavit, "for an order and judgment, pursuant to rule 107 of the Rules of Civil Practice, dismissing the amended complaint herein upon the ground that plaintiff has no legal capacity to sue and the amended complaint is insufficient...

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