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LAZAR v. KNOLLS COOP. SECTION NO. 2

205 Misc. 748 (1954)

David Lazar, Individually and as a Stockholder of Knolls Cooperative Section No. 2 Inc., Suing on Behalf of Himself and All Other Stockholders of Said Corporation, Similarly Situated, and for the Said Corporation, Plaintiff, v. Knolls Cooperative Section No. 2 Inc., et al., Defendants.

Supreme Court, Special Term, Bronx County.

March 9, 1954.

Attorney(s) appearing for the Case

Simon Gallet for plaintiff.

Robert S. Olnick for Knolls Cooperative Section No. 2 Inc., defendant.

Davis, Polk, Wardwell, Sunderland & Kiendl for Dry Dock Savings Bank, defendant.

CORCORAN, J.

The plaintiff's motion for an injunction pendente lite and the defendant's motion for dismissal of the complaint pursuant to rule 106 of the Rules of Civil Practice will be considered together.

On the motion to dismiss, the truth of the following facts alleged in the complaint must be assumed true. The defendant, the Knolls Cooperative Section No. 2 Inc. (to which I will refer as ...

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