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HOPPS v. CLAUDE NEON, INC.

281 A.D. 90 (1952)

Stewart B. Hopps et al., Respondents, v. Claude Neon, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1952.

Attorney(s) appearing for the Case

Abraham Rotwein for appellant.

Isidor J. Kresel of counsel (Irving L. Weinberger with him on the brief; Kresel & Meyerson, attorneys), for respondents.

VAN VOORHIS and BREITEL, JJ., concur with CALLAHAN, J.; PECK, P. J., dissents and votes to dismiss the appeal as academic, in opinion.

CALLAHAN, J.

This appeal concerns the dismissal of the first counterclaim set forth in defendant's answer.

Plaintiffs sue for the conversion of certain stock. The counterclaim alleges, in substance, that plaintiff Hopps was a director of defendant and of Pioneer Equitable Insurance Company, a wholly owned subsidiary of defendant, and that the said plaintiff breached his duty as a fiduciary of both defendant...

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