THARAUD v. JAMES BROS. REALTY CO.


12 Misc.2d 434 (1958)

Cynthia J. Tharaud, Individually and as Stockholder of James Bros. Realty Co., Inc., Suing on Behalf of Said Corporation and All Other Stockholders Similarly Situated, Plaintiff, v. James Bros. Realty Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 8, 1958.


Attorney(s) appearing for the Case

Herbert A. Finneson, L. Reyner Samet and Lucien R. Tharaud for plaintiff.

Gilbert V. Becker for Towns & James, Inc., defendant.

Jacquelin A. Swords and Edward A. Niles for Halsted James, Sr., and others, defendants.


MATTHEW M. LEVY, J.

This is a stockholder's derivative action which involves three separate complaints, to wit, a second amended complaint, a supplemental complaint and a second supplemental complaint. Plaintiff verified each such pleading on information and belief except for one allegation in the second amended complaint which she made on knowledge. In an examination of plaintiff before trial, she stated in substance that she had no knowledge of the...

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