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FAIELLO v. LI CASTRI

4 Misc.2d 829 (1956)

Celia Faiello, an Infant, by Hyman H. Bernstein, Guardian of Her Property, as a Stockholder of Majestic Looseleaf, Inc., and Camille Company, Inc., Suing on Behalf of Herself and for the Benefit of Both Said Corporations and All Other Stockholders Similarly Situated, Plaintiff, v. Carmela Li Castri et al., Defendants.

Supreme Court, Special Term, Kings County.

March 21, 1956.

Attorney(s) appearing for the Case

Millard E. Theodore for defendants.

Hyman H. Bernstein for plaintiff.

GEORGE A. ARKWRIGHT, J.

This is a motion by defendants for an order dismissing the complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice upon the ground that plaintiff does not have legal capacity to sue.

The complaint alleges, in substance, that one Harry Li Castri, who was the holder and owner of record of all the outstanding stock of the two defendant corporations, died intestate...

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