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TENNEY v. ROSENTHAL

13 Misc.2d 393 (1958)

Warren S. Tenney, Suing as a Director of New York Water Service Corporation, Plaintiff, v. Richard L. Rosenthal et al., Defendants.

Supreme Court, Special Term, New York County.

May 26, 1958.

Attorney(s) appearing for the Case

Fowler Hamilton, Leonard S. Sheriff, Sedgwick W. Green and George Weisz for individual defendants.

Jesse Climenko and Martin I. Shelton for corporate defendants.

Warren S. Tenney, in person, Milton Pollack and Samuel N. Greenspoon for Warren S. Tenney, plaintiff.

THOMAS A. AURELIO, J.

Various defendants, by several motions, have moved for multiple relief. This is a derivative suit brought by the plaintiff as a director. By two of the motions, relief is sought pursuant to sections 82 and 98 of the Civil Practice Act and subdivision 2 of rule 107 of the Rules of Civil Practice. Plaintiff has failed of re-election and it is, therefore, contended that the action abates...

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