HARRIS v. AVERICK


24 Misc.2d 1041 (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.

Plaintiff has instituted this stockholder's derivative action in her own behalf and in behalf of all other stockholders of defendant United States Hoffman Machinery Corporation similarly situated, and on behalf of Hoffman Machinery. Certain defendants had heretofore moved to dismiss the original complaint on the grounds that plaintiff had no legal capacity to sue and that the allegations...

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