SIMONSON v. HELBURN


198 Misc. 430 (1950)

Lee Simonson et al., Plaintiffs, v. Theresa Helburn et al., Defendants.

Supreme Court, Special Term, New York County.

May 17, 1950.


Attorney(s) appearing for the Case

Irving S. Ottenberg, J. George Levy and T. Girard Wharton for plaintiffs.

Benjamin M. Kaye and Milton Kunen for Theresa Helburn, defendant.

Theodore Kiendl for Lawrence Langner, defendant.

Bertram A. Mayers, H. W. Fitelson and Harold J. Sherman for Theatre Guild, Inc., defendant.

George A. Spiegelberg and Walter J. Freid for Maurice Wertheim, defendant.

Samuel J. Silverman for Warren P. Munsell, defendant.


GAVAGAN, J.

This is a declaratory judgment action in which the plaintiffs seek to have a stockholders' agreement declared illegal. In addition they ask the court for coercive relief re-establishing the ownership interests in the corporation as they existed prior to the agreement.

The agreement was executed on January 7, 1941. At that time the distribution of stock in the Theatre Guild, Inc., was as follows...

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