GILBERT v. CASE


3 A.D.2d 930 (1957)

Samuel Gilbert, as Stockholder of Glen Alden Corporation, Suing on Behalf of Himself and All Other Stockholders Similarly Situated, Respondent, v. Francis O. Case, et al., Defendants, and Glen Alden Corporation, Appellant

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

May 20, 1957


Order affirmed, with $10 costs and disbursements.

Respondent urges dismissal of the appeal on the ground that the order is not appealable. In our opinion, the order, under the circumstances here, is appealable. Despite its form and phraseology, for all practical purposes it constitutes, in effect, a present denial of appellant's motion for security and for a stay. The opinion of the Special Term clearly indicates such an intent. To have any practical value the security...

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