HANDLER v. BELMAR LIGHTING CO.


8 Misc.2d 687 (1957)

Harry Handler et al., Plaintiffs, v. Belmar Lighting Company et al., Defendants.

Supreme Court, Special Term, Kings County.

October 23, 1957.


Attorney(s) appearing for the Case

Bergner & Bergner for plaintiffs.

Alexander Teitler for defendants.


JACOB J. SCHWARTZWALD, J.

Plaintiffs move under subdivision 4 of rule 109 of the Rules of Civil Practice to strike out and dismiss defendants' first and second defenses and counterclaims on the ground that the same may not properly be interposed in this action.

Plaintiffs claim that they brought this suit in a representative capacity as stockholders and as directors, and that under such circumstances...

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