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GOLDING v. GOLDING

4 A.D.2d 65 (1957)

Myra Golding, on Behalf of Herself and All Other Stockholders of Southbridge Plastics, Inc., Similarly Situated, Appellant-Respondent v. Harry W. Golding et al., Respondents-Appellants Myra Golding, on Behalf of Herself and All Other Stockholders of Southern Bedding Accessories, Inc., Similarly Situated, Appellant-Respondent, v. Harry W. Golding et al., Respondents-Appellants

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

May 21, 1957.

Attorney(s) appearing for the Case

Edwin F. X. Silk of counsel (Jacob J. Rosenblum with him on the brief; Garey & Garey, attorneys), for appellant-respondent.

Martin Kleinbard of counsel (Robert L. Lasky with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondents-appellants.

BOTEIN, J. P., FRANK, VALENTE and McNALLY, JJ., concur.

RABIN, J.

These are companion appeals from certain orders made on motions to dismiss, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice in two similar derivative actions brought by a single stockholder of both corporations.

The first cause of action in each complaint alleges that four of the individual defendants, officers and directors of the corporations, made false and deceitful representations...

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