LEFFERT v. MARCUS


12 Misc.2d 1097 (1958)

Albert E. Leffert, Plaintiff, v. Hyman Marcus et al., Defendants.

Supreme Court, Special Term, New York County.

April 29, 1958.


Attorney(s) appearing for the Case

Cahill, Gordon, Reindel & Ohl for Hyman Marcus, defendant.

Leonard I. Schreiber for plaintiff.

Arthur N. Field and Theodore F. Tonkonogy for Charles H. Brewster and another, defendants.


MORRIS E. SPECTOR, J.

Motion by defendant, Marcus, to dismiss the complaint for failure to state a cause of action is granted.

The complaint in this stockholders' derivative action charges defendant directors with a breach of their fiduciary duties in that they used their powers for their own personal profit rather than for the benefit of the corporation.

It is alleged that defendant, Marcus...

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