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MATTER OF OHRBACH v. KIRKEBY

2 A.D.2d 875 (1956)

In the Matter of Nathan M. Ohrbach et al., on Behalf of Themselves and All Other Tenant Stockholders of 150 Central Park South Inc., Similarly Situated, Respondents, v. Arnold S. Kirkeby et al., Appellants

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

November 7, 1956

The petition seeks to set aside an election of directors for a number of reasons, including the alleged failure of respondents to make material disclosures to the stockholders. We find the allegations of paragraphs 18 and 19 of the petition to be relevant and conclude that the motion to strike those paragraphs was properly denied. Paragraphs 22 through 26 pose a different question, as petitioners are attempting in those paragraphs not only to allege a failure of respondents...

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