HEROLD v. WILLS


201 Misc. 114 (1952)

Paul J. Herold, Plaintiff, v. F. Reed Wills et al., Defendants.

Supreme Court, Special Term, New York County.

January 29, 1952.


Attorney(s) appearing for the Case

Lauson H. Stone and Henry C. Moses, Jr., for General Acceptance Corporation, defendant appearing specially.

Marvin F. Hartung for F. Reed Wills and others, defendants.

Glickman & Levinkind for plaintiff.


HOFSTADTER, J.

In this stockholder's derivative action the corporate defendant for whose benefit the action is brought moves to vacate the service of the summons and complaint upon it. The individual defendants apply for an extension of time to answer or move with respect to the complaint, predicated in the alternate on the granting or denial of the motion to vacate service made by the corporate defendant.

The individual defendants have heretofore...

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