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YORK PROPS. v. NEIDOFF

10 Misc.2d 439 (1957)

York Properties, Inc., on Behalf of Itself and All Other Stockholders of Saljo Estates, Inc., Similarly Situated, Plaintiff, v. Fannie Neidoff et al., Defendants.

Supreme Court, Special Term, New York County.

November 22, 1957.

Attorney(s) appearing for the Case

Samuel M. Rivelson for plaintiff.

HENRY CLAY GREENBERG, J.

Defendants' motion to dismiss the complaint for alleged insufficiency and incapacity of plaintiff to sue for the relief demanded therein is based on the following specific grounds: (1) that a pledgee of corporate stock does not have legal capacity to maintain a derivative suit on behalf of the corporation; and (2) that the complaint fails to show affirmatively that the plaintiff was...

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