EISENBERG v. CENT. ZONE PROP. CORP.


306 N.Y. 58 (1953)

Max Eisenberg, on Behalf of Himself and All Other Stockholders of Central Zone Property Corporation Similarly Situated, Appellant, v. Central Zone Property Corporation, Respondent, et al., Defendants. Max Eisenberg, on Behalf of Himself and All Other Stockholders of Central Zone Property Corporation Similarly Situated, Appellant, v. Central Zone Realty, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 22, 1953


Attorney(s) appearing for the Case

Emil K. Ellis, Frank S. Samansky, Max Eisenberg, in person, and Abraham J. Heller for Max Eisenberg, appellant.

Simon H. Rifkind, Samuel J. Silverman and Bernard H. Greene for respondents.

LEWIS, Ch. J., DESMOND, DYE and FROESSEL, JJ., concur with CONWAY, J.; FULD, J., concurs in separate opinion; VAN VOORHIS, J., taking no part.


CONWAY, J.

The plaintiff more than twenty years ago purchased at public offering one $500 bond secured by a mortgage upon land and a building on East 45th Street in New York City. Difficulties arose during the depression period followed by the formation of a bondholder's protective committee, reorganization, the issuance to plaintiff of five new bonds plus five shares of stock represented by voting trust certificates...

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