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YOUNG v. EBBOTT

284 A.D. 72 (1954)

Robert R. Young et al., Suing on Behalf of Themselves and All Other Stockholders of New York Central Railroad Company, and in the Right of Said Company, Appellants, v. Percy J. Ebbott et al., Respondents, et al., Defendants

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

May 14, 1954.

Attorney(s) appearing for the Case

Woodson D. Scott of counsel (Lord, Day & Lord, attorneys), for appellants.

Henry J. Friendly of counsel (Edward W. Schall with him on the brief; Cleary, Gottlieb, Friendly & Hamilton, attorneys), for respondents.

DORE, J. P., COHN and CALLAHAN, JJ., concur in Per Curiam opinion; BASTOW and BOTEIN, JJ., dissent in opinion.

Per Curiam.

The plaintiffs started this lawsuit by service of a summons and complaint on the corporation and four of the individual defendants on various dates between March 4 and 15, 1954. The defendants so served answered promptly, and the individual defendants demanded an examination of plaintiffs before trial. Plaintiffs also demanded pretrial examination of the defendant New York Central Railroad Company, and have...

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